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HomeMy WebLinkAboutMS 439; FRANMAR INVESTMENT CO; 88-558970; Public Facilities Fee Agreement/Release1370 ;• 88 558970 f*" fCCGftDED m ***"I. Jjr-FJCiAt, RECORDS ! VERA L. IrlE I LJCOUNTY RECORD£R_J ' Recording Requested By and Return To: . • CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 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 Franmar Investment Co. (80-34) required by an Application for MS-439 , as Document No. 80-180080 and recorded on is hereby released for the following reason: £xx| Fees Paid'and Obligation Satisfied |~| Application Withdrawn |~| Other DATED: 10/3/88 ATTEST: APPROVED AS TO FORM: VINCENT F. BIONDO, JR. ' City Attorney By _ CITY OF CARLSB/ By .a—>—«- MARTIN ORENYAK "^^ Community Development Director AL ETHA L RAUTENKRMZ A^^-n \ D AS TO FORM: T F- BSONDO, JR., RONALD R. BALL 1371 STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) On October 25, 1988 , before me the undersigned, a Notary Public in and for said State, personally appeared Aletha L. Rautenkranz known to me to be the City Clerk of the City of Carlsbad,a Municipal Corporation of the State of California, known to me to be the person who executed the within instrument on behalf of said Municipal Corporation, and acknowledged to me that such City of Carlsbad, California, executed the same. WITNESS my hand the official seal. ****************************** * y^35^ OFFICIAL SEAL * ^S^ KAREN R. KUNDTZ * TOMWV NOTARY PUBLIC-CALIFORNIA « NgJay SAN DIEGO COUNTY* •xaass'- My Comm gx(} g^ 27 lggg Notary PulCS y <s After Recording Return To: Elm Ave. Carlsbad, CA1 92008 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLS3AD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this , by and between (name of developer-owner) a (Coporation, pafettnership, etc.) "Developer", whose address is 5^.75^^ 7 ,hereinafter referred to as (street) , and THE CITY OF (Ci«y, stats, fe^ cods') 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 V7HEREAS, the Property lies within the boundaries of City; and V7HEREAS, Developer proposes to construct 237 on said Property, which development carries the proposed name o£ and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the 2 — -day of 19 J# , with the City a request for /) , (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 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. 238 to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW, THEKEFORE, 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 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 building or other construction permits for the Develop- ment and shall be baaed 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 erelit toward such fee shall be given for land which has been dedicated for park purposes or for any foes paid in lieu thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code. Developer shall pay e. fee for conversion of existing buildings or structures into condominiums in an amount equal to 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. 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 3." 239 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 agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. t 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 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. 41 240 * 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 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 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 envelope, 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 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 finding 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 cr the City herein shall be deemed to be reference to and include their respective successors and assigns without specific mention cf such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, hov/ever, that any successor of Developer's interest in the Property shall have 5." 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 WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: (Title) (Title) CITY OF CARLSBAD, a municipal corporation of the State of California By_ City Manager ATTEST',; ^ALE^'HA L. RAUTENKRANZ; City Clerk"! 3D AS JPO FORM: Ap By, (N at •i ••V^'P"' '"r" "I"" y *9 ' ' v Daniel S. Hemschkei Assistant R. , City Attorney STATE OF CALIFORNIA COUNTY OF Orange On_ 242 February 29. 1980 -, before me, the undersigned, a Notary Public in and for said State, personally appeared Ralph J. HaaSJ. known to me to be the President, anH Mary Ann known to me to be the Treasurer and Spi-rotary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and ac- knowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my ha Signature OHJCIAl S£Al J W. L. CHRISTY } Notary Public - California OftftttGE COUNTY '•*.—»«*• W. L. Christy Name (Typed or Printed)(This area for official notarial seal) 243 EXHIBIT "A" THE LAND REFERRED TO HEREIN IS 'SITUATED CALIFORNIA* COUNTY OF SAN DIEGO, AND IS IN THE STATE DESCRIBED AS OF FOLLOWS: PARCEL I: ALL OF LOT 39 OF OFFICE OF COUNTY APRIL 23, 1963. THAT TRACT DESCRIBED IN MAP NO. 5162, RECORDED RECORDER OF SAN DIEGO COUNTYt CALIFORNIA, ON IN THE EXCEPTING ALL THE OIL, GAS, MINERAL AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND, WITHOUT HOWEVER, THE RIGHT OF SURFACE ENTRY. PARCEL 2: A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR PEDESTRIAN AND VEHICULAR INGRESS AND EGRESS, INCLUDING THE RIGHT TO TRANSPORT SHALL WATERCRAFT, OVER LOT 15 OF THAT TRACT DESCRIBED IN MAP NO. 5162, RECORDED IN THE OFFICE OF COUNTY RECORDER 3F SAN DIEGO COUNTY, STATE OF CALIFORNIA, ON APRIL 23, 1963, WHICH EASEMENT IS FOR THE BENEFIT OF AND APPURTENANT TO THE HEREINABOVE DESCRIBED PARCEL 1 AND, BEING APPURTENANT, SHALL RUN WITH THE LAND. PARCEL 3: - A fJON-EXCLUSIVE EASEHENT AND RIGHT OF WAY FOR VEHICULAR AND SMALL WATERCRAFT INGRESS AND EGRESS OVER LOT 7<t OF THAT TRACT DESCRIBED IN MAP NO. 5162, RECORDED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY* STATE OF CALIFORNIA ON APRIL 23, 1963, WHICH EASEHENT IS FOR THE BENEFIT OF AND APPURTENANT TO THE HEREINABOVE DESCRIBED PARCEL 1 AND, BEING APPURTENANT* SHALL RUN WITH THE LAND, AND WHICH EASEHENT IS SUBJECT TO SUCH RULES AND REGULATIONS FOR USE AS MAY BE PROMULGATED FROM TIME TO TIME AND PROTECTIVE COVENANTS MOREPURSUANT TO THE DECLARATION OF RESTRICTIONS PARTICULARLY DESCRIBED BELOW. PARCEL 4 = AN EASEMENT OVER THAT PORTION OF LOTS 39, 42 AND 74 OF SAID TRACT WHICH PORTION IS WHARFAGE AREA 39 AS DELINEATED IN EXHIBIT "B" ATTACHED TO AND INCORPORATED IN THE ABOVE REFERENCED DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS, SAID EASEMENT TO BE FOR THE EXCLUSIVE RIGHT TO CONSTRUCT, MAINTAIN AND USE A WHARFAGE FACILITY PURSUANT TO SAID DECLARATION Or RESTRICTIONS AND PROTECTIVE COVENANTS, AND APPURTENANT TO PARCEL 1 ABOVE. PARCEL 5: A NON-EXCLUSIVE EASEMENT OVER THAT PORTION OF THE AB3VE REFERENCED TRACT AND MORE SPECIFICALLY OVER THAT PORTION OF LOTS 74, 38, 39, 42 AND 43 THEREOF, WHICH PORTION IS DELINEATED AND DESIGNATED AS LOT "A" BY EXHIBIT "BH ATTACHED TO AND INCORPORATED IN THE ABOVE REFERENCED DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS, SAID CONSTRUCTION, MAINTENANCE AND USE OF A RAMP LOT 39 AND WHARFAGE AREA 39. EASEMENT OR OTHER TO BE RIGHT USED FOR THE OF WAY BETWEEN ***** CIV „ OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: Specific Subject: 244 Requirements Necessary to satisfy the Public Facilities Element of the General Plan 1 of 4 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 BACKGROUND; The Public Facilities Element of the General Plan requires that before giving approval to zoning, re zoning, development or redevelopmen 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 previousl\\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 in an orderly manner wh Facilities Element will cost of City-provided f major streets, traffic buildings such as fire libraries and general o concurrent with need. POLICY: a policy that will allow development to proceed ile insuring that the requirements of the Public be satisfied by establishing a fee to fund the acilities, including but not limited to: Parks, signals, storm drains, bridges and public stations, police facilities, maintenance yards, ffices which wilL insure they will be available 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. 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 JP^jLicy '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'report1entitled, "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 imposed by this policy shall be given for land which has beer, 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. " * '.-' CP '• OF CARLSBAD . 246** • • 1.1 ,. COUNCIL POLICY STATEMENT General Subject: Requirements Necessary to satisfy the Public Specific Subject: Facilities Element of the General Plan Page 3 of 4t 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 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 were "-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 wo_uld 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. c C.T**v OF CARLSBAD 247 COUNCIL POLICY STATEMENT General Subject: Specific Subject Requirements Necessary to satisfy the Public Facilities Element of the General Plan Page 4 of 4x»% ,VsaJlicy No. 17 Date Issued 8-29-79 Effective Date 8-29-79 Cancellation Date Supersedes No. 17 i 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. \ BOOK 1980 REC:.DEOREQ.UEST OF c, 1 1 25 an OFFICIAL RECORDSSAN DIEGO COUNTY, CALIF.VERA L LYURECORDER