HomeMy WebLinkAboutMS 416; RUSTAD, CRAIG A AND JOAN M; 88-004365; Public Facilities Fee Agreement/ReleaseRECORDED AT THE FEQUJKS.T OF:
PT17 ~(CHICAGO TITLE JRANCE CO.• V v 1317 388 365
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and Return To:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008
JAN -6 m 10= 55
j VERAL.LYLE
I COUNF Y RECORDER
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RELEASE OF AGREEMENT
TO PAY PUBLIC FACILITIES FEES
PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities
Fees between the City of Carlsbad and Craig A. Rustad, Joan M. Rustad
and Dale B. Rustad
required by an Application for MS-416
May 19. 1980 , as Document No. 80-164057
and recorded on
is hereby
released for the following reason:
|~| Fees Paid and Obligation Satisfied
|~| Application Withdrawn
|X | Other Condominium conversion - no fees required as Public
Facilities Fees have been paid.
DATED: November 5, 1987
CITY OF CARLSBAD
By /7U£jXj^— -"xf^ ^-~ — '
[N OF
Community Development director
ATTEST:
ALETHA L. RAUTENKRANZ
City Clerk
APPROVED AS TO FORM:
Cit$EAttorney°ND0'
By
APPROVED AS TO FORM:
F- BIONDO-
BY
ATTORNEY
RONALD R. BALL
GENERAL ACKNOWLEDGMENT
stateof CALIFORNIA
County of SAN DIEGO
SS.
1318 NO. 201
On this the..day of November 19 87, before me,
I, RANDEE HARLIB
the undersigned Notary Public, personally appeared
ALETHA L. RAUTENKRANZ
OFFICIAL SEAL
RANDEE HARLIB
Notary Public-California
SAN DIEGO COUNTY
My Comm. Exp. Fab. 20.1991
B personally known to me
D proved to me on the basis of satisfactory evidence
to be the person($ whose name® jg
within instrument, and acknowledged that
WITNESS my hand and officj^seal.
J3UUUUL-
she
.subscribed to the
executed it.
Notary's Signature
7110 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364
• 1200 ELM AVENUE &%*$^£L TELEPHONE:
CARLSBAD, CALIFORNIA 92008 flNwS^na (619> 434-2808
City of Cartebab
INFORMATION SYSTEMS DEPARTMENT
November 12, 1987
Vera L. Lyle
County Recorder
P. 0. Box 1750
San Diego, CA 92112
Enclosed for recordation is the following described document:
Release of Agreement to Pay Public Facilities Fees
Craig A. Rustad and Joan M. Rustad and Dale B. Rusted
Original Document No. 80-164057; MS-416
The fees for recording this document are to be paid by the person
presenting this document for recordation.
Thank you for your assistance in this matter.
KATHLEEN D. SHOUP
CT-1I PICKED UP BY:_
COMPANY NAME:
DATE: ll~H'$ 7
CITY CLERK _
ROM: DEVELOPMENTAL PROCESSING
UBJECT: PUBLIC FACILITIES RELEASE
DATE
ESSAbt:
Please release Public Facilities Fee Agreement, file number
fs
itachments:Reply Requested:Signature:
I'*-* 1
Si a n a t u r e
/83
.After Recording Return To- ' • , , 8Crl64€57
xCity Clerk ' >C ^A 2 ' : ''"" "1200 Elm'Ave. * ' "'"'"
Carlsbad, CA 92008
AGREEMENT BETWEEN DEVELOPER-OWNER .rm ^ CITY
AND THE CITY OF CARLSBAD FOR THE y |Q ,, *yPAYMENT OF A PUBLIC FACILITIES FEE "*< IJ 11 36 ^M '
•' **
'. SA./N :"
* ^ [ i t t
THIS AGREEMENT is entered into this 2nd day of March
3.9 80 , by and between Craig A. Rustad, Joan M. Rustad and Dale B. Rustad
. •_ ,
(name of developer-owner)
as Joint Owners ' ; ,hereinafter referred to as •
(Corporation, partnership, etc.)>
"Developer" , whose address is 13311 Portofino Drive ,
(street) ,
Del Mar, CA 92014 _J t and THE CITY OF
(City, state, zip code) .
CARLSBAD, a municipal corporation of the State of California,
•hereinafter referred to as "City", whose .address is 1200 Elm
Avenue, Carlsbad, California, 92008.
» •
WITNESSETH:
WHEREAS, Developer is the owner of the real property described
on Exhibit "A", attached .hereto and made a part of this agreement,
hereinafter referred to as "Property"; and
WHEREAS, the Property lies within the boundaries of City;
and • '
WHEREAS, Developer proposes a development project as follows:
« • •*
Convert Duplex-to. Condominium
3-1-3
on said Property, which development carries-the proposed name
Of Minor Subdivision No. 416
and is hereafter referred to cis "Development"; and
WHEREAS, Developer filed on the jrd^day of December ,
1079 t with the City a request for Approval of Minor Subdivision
No. 416 and Condominium Permit :
(hereinafter referred to as "Request"; and
WHEREAS, the Public Facilities Element of the City General
Plan requires that the City Council find that all public
N facilities necessary to serve a development will be available
concurrent with need or such development shall not be approved
(said element is on file with the City Clerk and is incorporated
by this reference; and
WHEREAS, Developer and City recognize the correctness of
•Council Policy No. 17, attached to and made a part of this
agreement, and that the City's public facilities and services
' are at capacity and will not be available to accommodate the
additional need for public facilities and. services resulting
from the proposed Development; and
WHEREAS, Developer has asked the City to find that public
. facilities and services will be available to meet the future
«•
needs of the Development as it is presently proposed; but the
Developer is aware that the*City cannot and will not be able to
make any such finding without financial assistance to pay for
such'services and facilities; and, therefore, Developer proposes
2. •
• 3,4
to help satisfy the General Plan as implemented by Council Policy
No. 17 by payment of a public facilities fee.
NOW, THEREFORE, in consideration of the recitals and the
covenants contained herein, the parties agree as follows:
1. The Developer shall pay to the City a public'facilities
fee in an amount not to exceed 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
i
issuance of building or other construction permits for the develop-
ment and shall be based on the valuation at that time. This fee
shall be in addition to any fees, dedications or improvements
required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal
Code. A credit toward such fee shall be given for land which has
been dedicated for park purposes or for any fees paid in lieu
thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code.
Developer shall pay a fee for conversion of existing buildings or
structures into condominiums in an amount not.to exceed 2% of the
building permit valuation at the time of conversion. The fee for a
"condominium conversion shall be paid' prior to the issuance of a
condominium conversion permit as provided in Chapter 21.47 of the
Carlsbad Municipal Code. Condominium shall include community
apartment or stock cooperative. The terms "other construction
permits", "other construction permit" and "entitlement for use" as
used in this agreement, except in reference to mobilehome sites or
projects, shall not refer t'o grading permits or other permits for
the construction of underground or street improvements unless no
other permit is necessary prior to the use or occupancy for which
3. '
the development is intended. Developer shall pay to City a public
facilities fee in the sum of $1,150 for each mobilehome space to be
constructed pursuant to the Request. The fee shall be paid prior
to the issuance of building or other construction permits for the
development. This fee shall be in addition to any fees, dedications
or improvements required according to Titles 18, 20 or 21 of the
Carlsbad Municipal Code. A credit toward such fee shall be given
for land which has been dedicated for park purposes or for any feesi
paid, in lieu thereof pursuant to Chapter 20.44 of the Carlsbad
Municipal Code. •
2. The Developer may offer to donate a site or sites for
•public facilities in lieu of all or part of-the financial obligation
agreed upon in Paragraph 1 above. If Developer offers to
donate a site, or sites for public facilities, the City shall
consider, but 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, shall become a part of this agree-
ment. Sites donated under this paragraph shall not include improvements
•»
required pursuant to Titles 18 or 20 of the Carlsbad 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 will not have the funds to provide public facilities and
services, and the Development will not be consistent with the
General Plan and any approval or permit for the Development shall
4. ' . "
3J6
be void. No building or other construction permit or entitlement
for use shall be issued until the public facilities fee required by
this agreement is paid.
4« City agrees to deposit the fees paid pursuant to this
agreement in a public facilities fund for the financing of public
facilities when the City Council determines the need exists to
provide the facilities and sufficient funds from the payment of
this and similar public facilities fees are available.
5. City agrees to provide upon request reasonable assurances
to enable Developer to.comply .with any requirements of other public
agencies as evidence of adequate public facilities and services
sufficient to accommodate the needs of the' Development herein
described. •
6. All obligations hereunder shall terminate 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 such
n'otice 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 delivery
thereof to the City or by depositing same- in the United States
Mail, addressed to the City at the address set forth herein,
enclosed in a sealed envclopve, addressed to the City for attention
of the City Manager, postage prepaid and certified.
7.2 If notice is given to Developer by personal delivery
thereof to Developer or by depositing the same in the United States
317
Mail, enclosed in a sealed envelope, addressed to Developer at the
address as may have been designated, postage prepaid and certified.
8. This agreement shall be binding upon and shall inure to •
the benefit of, and shall apply to,:the respective successors and
assigns of Developer and the City, and references to Developer
or City herein shall be deemed to be reference to and include their
respective successors and assigns without specific mention of such
successors and assigns. If Developer should cease to have any
interest in the Property, all obligations of Developer hereunder
shall" terminate; provided, however, that any successor of Developer's
interest in the Property shall have first assumed in writing the
Developer's obligations hereunder.
.9. This agreement shall be 'recorded but shall not create
a lien or security interest on the Property. When the obligations
of this agreement have been satisfied, City shall record a release.
<"•
V.
318
;
—-
shall record a
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER:
(Title)
By
CITY OF CARLSBAD, a municipal
corporation of the State of
California
By
City Manager
(Title)
v ^—^^
ALETHA--L. JKAUTENKRANZ , City Cletk
*"*»...*• *" '""
TO
VICENT F.BION
//
-, \^^r ^ -v -jr 7 ' l^
Daniel S. Hentscnke, Assistant
i SS.319
TITLE INSURANCE
ANDTRUST
JR., City Attorney
TO 1944 CA (8-74)
(Individual)
STATE OF CALIFORNIA
COUNTY OF San Diego
On March 1, 1980 before me, the undersigned, a Notary Public in and for said
ATICOR COMPANY
t State, personally appeared Craig A. Rustad and Joan M. Rustad
LIx
UI-I to be the person_S whose name_S_
_, known to me
subscribed
H"V to the within instrument and acknowledged that they
executed the same.
IWITNESS my hand and official seal.
OFFICIAL SEAL
DEBRA WRIGHT SUTCLIFFE
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY
My cornm. expires MAY 20, 1983
(This area for official notarial seal)
C
320
EXHIBIT
LEGAL DESCRIPTION
Lot 236 of LA COSTA MEADOWS, UNIT #1, in the City of
Carlsbad, County of San Diego according to map thereof
No. 6800 filed in the Office of the County Recorder of
San Diego County, December 9, 1970.
1 .-. ,-/" . CI^SS, OF CARLSBAD 3£
V,,'
COUNCIL POLICY STATEMENT
General Subject: Requirements Necessary
to satisfy the Public
Specific Subject: Facilities Element of
the General Plan
Page 1 of 4
J H'.icy No. l?
Date Issued 8-29-79
Effective Date 8-29-79
Cancellation Date
Supersedes No.17 issued.
9-6-78
Copies to: City Council, City Manager, City Attorney, Department and
Division Heads, Employee Bulletin Boards, Press, File
BACKGROUND: .
The Public Facilities Element of the General Plan requires that
before giving approval to zoning, rezoning, development or redevelopment
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 Council
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 letter of availability
from such entity. For those services provided by the City, the Council
has previously\relied on a report of availability from the City Staff.
On July 3, 1979 the City Manager reported that in the future such
services and facilities could not be made available to new development
from the City's resources.
PURPOSE;
1. To establish a policy regarding the requirements which must
be met before the City Council will find that the Public Facilities
Element has been satisfied.
2. To establish a policy that will allow development to proceed
in an orderly manner while insuring th.at the requirements of the Public
Facilities Element will be satisfied by establishing a fee to fund the
cost of City-provided facilities, including but not limited to: Parks,
major streets, traffic signals, storm drains, bridges and public
buildings such as fire stations, police facilities, maintenance yards,
libraries and general offices which wilL insure they will be available
concurrent with need.
POLICY: - ...„ •..-..J. .— i... ^
1. In determining whether or not service provided by another entity
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, however,
developments which are required to dedicate.land or pay fees for school
facilities pursuant to Chapter 21.55 of the Carlsbad Municipal Code,
shall be deemed to have satisfied the Public Facilities Element in
regard to schools for that development without the necessity for an
availability letter.
•'•»"•' " " ' " 3 •-' *>
,••'".-' •- . CITY" OF CARLSBAD
. , COUNCIL POLICY STATEMENT
General Subject: Requirements Necessary
to satisfy the Public
Specific Subject: Facilities Element of
the General Plan
Page 2 of 4
Policy No. 17
Date Issued 8-29-79
Effective Date 8-29-79
Cancellation Date
Supersedes No.17 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 consequent 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 stations,
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 facilities 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 applicant shall pay or agree to pay a
public- facilities fee in the amount of 2% of the building permit
valuation of the buildings or structures or $1,150 'for each mobilehome
space to be constructed pursuant to such approval. The fee shall be
paid prior to issuance of building or other permits and shall be based
on the valuation at that time.
4. A credit toward 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 pursuant to Chapter 20.44 of the Carlsbad Municipal
Code.
5. All proceeds from the fee collected pursuant to this policy
shall 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, police facilities, maintenance and yard
facilities, libraries and general city offices) parks, major streets,
3^3
••" •'.'-- - CI'*"*- OF CARLSBAD
» ' • 'W
COUNCIL POLICY STATEMENT
General Subject: Requirements Necessary
to satisfy the Public
Specific Subject: Facilities Element of
the General Plan
Copies to: City Council, City Manager, City A
Division Heads, Employee Bulletin
Page 3 of 4 j
,-'%. ' 1_iBJtLicy No. 17
Date Issued 8-29-79
Effective Date 8-29-79
Cancellation Date i
Supersedes No. 17 issued •
9-6-78'
ttorney, Department and j
Boards, Press, File j
traffic signals, storm drains, bridges and other'similar projects as
the Council may deem necessary and appropriate. Designation of
expenditures of funds available from the fund shall be made by the
City Council in the context of approval of the City's annual operating
and capital improvements budget or at such other time as the Council
may direct.
6. The following exceptions from payment of the fee shall apply:
(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 werex-being newly constructed. If the fee imposed on the
new building exceeds 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 Council may grant an exception for a low cost
housing project where the City Council finds such project consistent
with the Housing Element of the General Plan and that such exception
is necessary. In approving an exception for low cost housing the
'City Council may attach conditions, including limitations on rent
or income levels of tenants. If the City Council finds a project is
not being operated as a low cost housing project in accordance with 'all
applicable conditions, the fee, which would otherwise be imposed by this
chapter, shall immediately become due and payable.
7. There is excluded from the fee imposed by this policy:
(a) Any person when imposition of such fee upon that person
would be in violation of the Constitution and laws of the United
States or the State of California.
(b) The .construction of any building by a nonprofit corporation
exclusively for religious, educational, hospital or charitable purposes.
I .., . -|V • ,„ .: . • ,
General
Specific
3 Z 4
CIW OF CARLSBAD
COUNCIL POLICY STATEMENT
Subject: ' Requirements Necessary
to satisfy the Public
Subject: Facilities Element of
the General Plan
^age 4 of 4
t-^licy No. 17
Date Issued 8-29-79
Effective Date 8-29-79
I
Cancellation Date !
Supersedes No. 17 issned j
9-6-78
Copies to: ' City Council, City Manager, City Attorney, Department and
Division Heads, Employee Bulletin Boards, Press , File
(c) The construction of any building by the City of Carlsbad,
the United 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 enforcement of this policy. His decisions may be appealed to
the City Council whose decision shall be final.
\