HomeMy WebLinkAboutPM 462; Morrison, Linda and Schafer, Daniel; 80-184412; Public Facilities Fee Agreement/ReleaseJ;&Er;{p:“;’ XTIIEEV DIYX~LCPER-CXJER i~~j, W:E CITY OF CI\l?LSI3?.D’ FOR Ti-IE PI;YMENT OF A PUDLIC FXIL,ITIES FIX w .--. --I
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THIS :lcz- -"'""ENENT is entered into this . v day of 797?kti -, --
J-9 80 , by 2nd betvcen Daniel L. "-- Shafer and Linda Juryi.-
‘------1-1 --- (rlame of c~c..~-c ,:Jpzr--owner)
a partnership -"-- (CiCJrpOl-Zi tiC?Xl , < ibD'X> : ,h ereinafter referred to as
pc:.l: tlleY’ship, etc. )
“DeVClOpCr”, whose address is 2121 Pintoresco Court I {street)
-$$W3had.,a2~ae8 (b:Lty , .c; tr<t.E , 21.p code) , and TIIE CITY OF
CARLSWD, a muni.c:Ipal corporation of the State of California, * . hzei naftck referred to as 'City", whose address is 1200 Elm
Averl’P - -4, CaYisbad, California, 92008.
Wf TNES SETH:
. tyiyl‘;i: :!*s , l-Jev;2 ?-oper is the owner of the real property dc:;crjbc4
0x1 Exhibit. "11" , attached hereto and made a part of this agreement,
hereinafter referred to as "Property"; and
MI-JE RX’S , the Property l.ies within the boundaries of City;
Wltl
'c'7I]Ej?,:'? c ~ Jl~~X?Ci;'~l proposes to constr'tict
a two unit condominium . ._II_.-._cI--.-.-- ---
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RECCIRDER’S I&MO1
~ QUALITY Of RECORD DUE Ta
CONDITION OF ORiGINAL DOCUMEiW
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011 Said I'rOFC?rty, which development carries 'the proposed name
Of Tentative pa lJ!4ap .
and j.s here.after referred to as "Development"; and .
tmEIx.--z?l r Developer filed on the f diy of 4%%/OL . * v'
1980 , with the City a request- for
aj?l?roval of Tentative Parcel MaD A/O. q&a
(hereinafter referred to as "Request"; and
WHEREAS, the Public Facilities Element of the City General
Plan rcquj.res that the city Council find that all public
\ facilities necessary to serve a development will be avail.able
concurrent \nJi.th need or such development shall not be.spproved - .
(said elempzt is on file :xJith the City Clerk and is incorporated
by this reTerence; and
WrIEru:.-,,‘, , Dcwclo,er 22~1 City recoynize the correctness of
.Counci.l Policy No. 17, artnchcd to and made a part of this
acjrecment, end that the City's public facilities and services .
are at capxity and vill not be available to accommodate the
additional need for public facilities and services resulting
from the grantor,&! I--..?\. cloprncn t: ; and .
wm?.z.-..-' , Dc?vcr: '1T.r-r :12:r, asked the Ci<y to fi.nd that publ.ic
faciliti:z ;::d sc.i-*-.i:: 35 iTil.1 be a~ail.ablc to'meet the future
needs of '::I: i?c?\T?:. 11-1 :.-!:. a:; i-L is presently proposed; but the
bcvcl opcr is av.'crc ".I:;;lt the City cannot and will not lx able to
make any sue-11 fi.r?ciiIlcj without financial. assi.stancc to pay for
sllch r;c:rv:i cc:; anal f';lcilitiC3:; ; and , thcrcforo, Dcvel.opcr propc~:;(!r;
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to help satisfy the General Plan as implemented by Council. policy
No, 17 by payment of a public facilities fee.
NOW, TE!EFORE, in consideration of the recitals and the .
covenants zuntained herein, the parties agree as follows: *
1. The Developer shall pay to the City a public facilities
fee in the amount of 2% of the building permit valuation of the .
buildings or structures to be constructed in the Development
pursuant to the Request. The fee shall be paid prior to the
issuance of b&ding or other construction permits for the Develop-
ment and shall be based on the valuation at that time. This fee
shall, be in additi.on to any fees, dedications or improvements
required pursxnt to Titles 18, 20 or 21 of.the Carlsbad Municipal * .
Code. A credit toward such fee shall be given for land which Scar;
hEen dedicz",ed for park purposes or for any fees paid in lieu
thereof pur, cuant to Chapter 20.44 of the Carlsbx~ Municipal Code.
Developer shall pay a fee for conversion of existing buil.dings or .
. structures into condominiums in an amount equal Lb 2% of the
JDMlding permit valuation at the time of conversion. The fee for
a condominium conversion shall k#e'paid prior to the issuance of a
condominium conversion permit as provided in Chapter 21..47 of the
Carlsbnd I%nicipal. Co&. Condominillm shall include community
apartment L‘r stock co9?erativc. k
2. T'!:e J-Jeve:<;;pqr xmy offer to donate a site or sites for
public facilities ir, lieu of a1.I. or part of the financial obl.ignt.i.a~~
agreed upon in Paragraph I. above. If Developer offers to donate
a site or sites for public facilities, the City shall cons.j.dc?r, but
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is not obligated to accept the offer. The time for donation and
. . amount of credit against the fee shall be determined by City
prior to the issuance of any building or other permits. Such
determination, when made,shalZ become a part of this agreement. W
. Sites donated under this paragraph shall not include improvements
required pursuant to Titles 18 or 20 of the Carl.sbad Municipal
Code.
,3* This agreement and the fee paid pursuant hereto are
required to ensure the consistency of the Development with the
City's General Plan. If the fee is not paid as provided herein,
the City trill not have the funds to provide public facilities
and services, and the De*tielopment will not be consistent with the . . Genernl,Flan and any approval or permit for the Development shall
be void. No buildin,- r,r other construction permit or cnlitl.emcnt
for use shall-be isst=? until the publ.ie f'acilities fee required
by this a%r_rreement Fs paid.
4. City agrees to deposit the fees paid pursuant to this
agreement in a public facilities fund for the financing of public:
fa.c.ili L;ies when the City Council cletrermincs the riced exists to
provide :::-.z facili5es and sufficient funds from the p'aymcnt of
this ail.2 ::Imilar 7~1 1.1: facil.ities fcca are available,
5. zity z::::-: 1: to provide upon requcslr. rcasonab1.c assuritncf?f;
to cnahlc i~2.;Tl.C~~ i'.r t3 comply with any rcquircmcnts of other
pub3.ic agcr:rics ;:s zvic?encc of adcquatc public facilities <and
6crviccs sufficient to # accommodate the needs of the Dcvclopnwnl;
heroin described.
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6. All obligations hereunder shall termjnate in the
event the Requests made'by Developer are not approved. , .
7. Any notice from one party to the other shall be in
writing, and shall be dated and signed by the party giving
. B;uch notice or by a duly authorized representative of such
party. Any such notice shall not be effective for any purpose *
whatsoever unless served in one of the following manners.
7.1. If notice is given to the City by personal'
&livery thereof to the City or by depositing same in the United
States Mail, addressed to the City at the ad,dress set forth
herein, enclosed in a sealed envelope, addressed to the City for
' attention'of the 'City Manager, postage prepaid ilnd certified.
7.2 If notice is given to Developer by personal
del.ivery.thereof to Developer or by depositing the same in the I'
United States Mail, encksed in a sealed envelope, addressed"'
to Developer at the adke ss as may have been designated.; @stage
prepaid and certified.
8. This agreement shall be finding upon and shall-inure
to the benefit of, md shall apply to, the respective successors
and assigns of Developer and the City, and references to
bevelopez zr the CL-L~ herein shall be deemed to be reference to
and incl-kr their zz;=3tive successors and assigns without
Speci fiz zr::zion : f r-zz> successors and assigns. If Developer
should cessr to kz-,-s 3~ interest in the Property, all obligations
of DcveloF?r herc*.zzdzr shall terminate; provided, however, that
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. any successor of D~~elOpsr’S interest in the Property shall have
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first assumed in writing the Developer's obligations hereunder,
9. This agreement shall be recorded. When the obligations
of this agreement have been satisfied, City shall record a . release.
IN WX'I;NESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
bEV&OPER-OWN*ER:
Daniel L. Shafer,Linda J.M. Morrison
Owner-Developer
(Title)
::'i :, ~
,i? \;;$!;I"::;,, I.\ (.a ..,'Ja,,,
CITY OF CAkLSBAD, a municipal corporation of the State of California
City Manager
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;;1ZGL/2l.W&f, <F.. , cj.ty Attorney
, (Notariai z~kno~l~Z;~z2nt of execution by D@Vl?LOPER-OWNER must IX
9 attached.)
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STATE OF CALIFORNIA
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COIJNTY OF saq ~,,o--}ss’ - ” ’ /-
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E Oil au 22 / %m before me, the undersigned, a Notary Public in and for
s P) E said State, personally appeared c\, ‘M. i--%wm~ * ,&do. c s - --
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^ known to me to be the person= whose name /s 2 7, > subscribed to the within instrument and acknowledged to me
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z-* that-iexecuted the same.
0FF:CIAL SEA1
SNERRILL C. ULLE
NOTARY PUBLIC . CAllfOCNlA
PRINCIPAL Off’CE tN
SAN DIEGO CCXJNlY
Name (Typed or Printed) (This area for official notarial sear)
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STATE OF CALIFORNIA
1 SS. /’ COUNTY OF- D1cpa I ,’
ON Ape; l I ,19x22, .d ned, a Notary Public in and for said State, personally appeared
L Shs4Y-eV
, known to me,
to be the person- whose name- Is subscribed to the within Instrument,
and-ackrmwiedged to me that -he- executed the same.
WITNESS my hand and official seal.
CL-s-L e-. RIA
Notary Public in and for said State.
ACKNOWLEDGMENT--General-Wolcatts Form 2334&v. 3-M A SUBS~D~ARI OF AMERICAN STATIONERY PRODUCTS CORP
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EXHIBIT "A"
LEGAL DESCRIPTION
Lot 147 of La Costa South Unit No. 1, in the County of San Diego, State of California, according to map thereof No. 6117, filed in the Office of the County Recorder of San Diego County, June 3, 1968
EBS:gh
3-24-80
J.N. 4970
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. CITY OF CARLSBAD 742
CGUNCXL POLICY STATE:JEWC
General Subjec.k: - Requirements p:eczssary t0 satisfy tile Public Specific Subject: Facilities Element of the General ?lan
--age 1 of 4
Policy No- 17
Date Issued 8-29-79
Effective Date 8-29-79
Cancellation Date
Supersedes No.17 ismed
Copies to: City Council, City Manager, City Attorney, Department and ' Division Heads, Employee Bulletin Boards, Press, File
: - BACRGROUXD: $ ;..: 1 .'
The Public Facilities: Element of the General Plan requires that before giving approval to zoning, rezoniny, development or rcdeveLopment proposals, the public health and safety and the general welfare of the community and all its citizens require that the proponent of any such actions shall present evidence satisfactory to the City Ccuncil that all necessary services and facilities will be available concurrent with need.
For those services and facilities provided by another entity, the Council has and will continue to be guided by a ietter of availability from such entity. For those services provided by the‘city, the Council has previ.ouslF,relied on a report of availability from the City Staff. On July 3, 1973 the City Nanager reported that in the futuresuch services and facilities could not be made available to new development from the CiQ',s r&sources.
PURPOSE:
1. To establish a policy regarding the requirements which must be met before the City Cxncil will find that the Public Facilities .Element has been satisfied. .
2. To estabiish*a poiicy that will allow development to proceed in an or.derly manner xhiLe.insu-" Llng that the requirements of the Public . Facllitles Eltx.ent will be satisfie d by establishing a fee to fund the cost of City-prov?.&d fxliities,. including but not limited to: Parks, major streets, traffic signals, storm drains, bridges and public buildings such as fire syztions, police facilities, maintenance yardsr libraries and general c-f5 ces which wilL insure they will be availcrble ccns-xrent with n=ed. -.
POLICY:
1. In detcrnining whether or not service provided by another entit will be available concurrent with need in connection with a development, the Council, in the absence of evidence to the contrary, shall be guided by a letter of availability from that entity, provided, h&ever, developments facilities pu which arc required to dedicate.land or pay fees for school rsunnt to Chapter 21.55 of tha Carlsbxl !s!unicipal Code, shall be dccmecl to have satisfied the Public Facilities Element in regard to sciwols for that development without the necessit;y for an availability letter.
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COUNCIL POLICY STATEIbI%NT
General Subject: . Requirements Necessary
Specific Subject: to satisfy the Public Facilities Element of the General Plan .
Page 2 of 4
P - 'icy No.17
Date Issued 8+?9-79 r
Effectitre Date 8-29-79
Cancellation Date --.-I__--
L Supersedes No-l7 issued ' 9-6-78
Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File
2. The City Council finds that the-report-entitled, "A Public Facilities Fee for the City of Carlsbad", dated July 3, 1979, accurately reflects the City*s need for and lack of ability to provide public facilities and services to new development and it is hereby approved.
The Council also finds that the continued development of the City, .with the cons=~~~ ,,;ent increase in population and in the use of public facilities, will impose increased requirements for such .- facilities, including but not limited to parks, major streets, traffic signals, storm drains, bridges and public buildings, such as fire stat;lons, police facilities, maintenance facilities, libraries and general offices. The necessity for such facilities results directly from new construction and the need cannot be met from ordinary City revenues. The most practical and equitable method of paying for such facilities is to impose a fee upon new..development in the City, Payment of such a fee will
enable the City to fund a construction program to provide public facilities. If a development agrees to pay the public facilities fee
established by this policy, the Council will be able to find that all
'necessary public facil,, <ties and services.will be available concurrent with.need and that the requirements of the Public Facilities Element have been met. If that finding:cannot be-made, the City Council will be
required to ,disapprove the development. . .
* 3. Prior to approval of any zoning, rezoning, development or redevelopment proposal, the acclicant shall pay or agree to pay a public f.acilities fee i,n t>e >&ount of 2% of the building permit .valuaticn of the b-uiL5ings or structures or $1,150'5or each mobilehome
space to be constructed pu- -suant to such approval. The fee shall be
paid prior to issuazse of building or other permits and shall be based on the valuation, at L&-C time. U-G b
4. A credit to;~-ard the fee impose-d by this: policy shall be given . for land which has been dedicated for park purposes or for any fees paid in lieu thereof purs*Lanz to Chapter 20.44 of the Carlsbad Municipal Code.
5. All proceeds from the fee collected pursuant to this'policy sh.all be paid into a special capital outlay fund of the City entitled, "Public Facilities Fund". The fund shall be used only for the purpose of acquiring, building, improving, expanding and equipping public property, and public improvements and facilities including but not limited to the following types of capital projects: Public buildings (such as fire stationS, pobicc facilikics, maintenance and yarc3 facilities, libraries and general city officco)‘ parks, major streets,
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COUNCIL POLICY STATEKENT I-- Date Issued 8-29-79
General Subject: Requirements Necessary to satisfy the Public Effective Date 8-29-79
Specific Subject: Facilities Element of the General Plan Cant3~llation Date -.-- .
Supersedes No.17 iss?led 9-6-78
Copies to : City Council, City Flanager, City Attorney, Dehartment and Division Heads, Employee Bulletin Boards, Press, File
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traffic signals, storm drains, bridges and other'similar projects as *the Council may deem necessary and appropriate. Designation of expenditures of funds av-+ c-lable from the fund shall be made by the City Council in the con-text of approval of the City's annual operating and capital improvements budget or at such other tine as the Council may direct.
I 6. The fdllowin'g exceptions from payment of the fee shall applyi -
(a) The. construction of a building or structure or mobilehome space which is a replacement for a building or space being removed from the same lot or parcel of land. The exception shall equal but not exceed the fee which would be payable hereunder if the building being replaced Fsere‘.bcing newiy constructed. If the fee imposed on the new building egceeds the amount of this exception, such excess shall be paid,. ,. .-.
(b) Accessory buildings or structures in mobilehome parks, 'such as a club house, swimming pool, or laundry facilities.
(c) Buildings or structures which are clearly accessory to an existing use such as fences, pools, patios and automobile garages.
: (d) . The City 'crVV- ,,--cFl may grant an exception for a low cost housing ?,roject where thz #City Council finds such project consistent with the 3ousing Ei&zent of the General Plan and that such exception is necessary. In ap?rovi- an exception for low cost housing the 'City Cou~i.1 may attach ccnditions, including limitations on rent .or incose levels of t3tczn-l~. If the City Council finds a project is not being operated as a I.o-$ cost housin g project in accordance with *all applicable conditicns, t:?? fee, which wo-uld otherwise be imposed by this chapter, shall irr-rnediately become due and payable. 7. There is exclc,d:sd from the fee imposed by this policy:
(a) Any person whcn.imposition of such fee upon that person would be in violaticn of the Constitution and laws of the United Stakes or the State of California.
(b) The construction of any building by a nonprofit corporation exclusively for religious, educational, hospital or charitable purposes.
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Cl'--- 'OF CART,SEAD 74 5 .
COWCIL POLICY S'T'A'XXJZNT
General Subject: . Reqtiirements Necessary to satisfy the Public Specific Subject: Facilities Element of the General Plan
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Eage 4 of 4
1 licy Ho. 17
Date Issued 8-29-79 _
Effective Date 8-29-79 --
Cancellation Date
Supersedes NO. 17 isa1ed 9-6-78
Copies to:' City Council, City Manager, City Attorney, Department and * Division Ee.?dS, Employee Bulletin Boards, Press, File
(c) The construction of any building by the City of Carlsbad, the Unit&d States or any department or agency thereof or by the State of California or any department, agency or political subdivision thereof, -
8. The City Manager shall be responsible for the administration and cnforcexent of this policy. His decisions may be appealed to the City Council whose-decision shall be final. ._
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BOOK I&?r; . REOORDEDRELilrt~?=OF
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. OFFiCIAL RECORDS - SAN DIEGO WJlt I Y. CAL!:: VERAL.LYLE RECORDER No f@