HomeMy WebLinkAboutMS 440; HAASL, RALPH J AND MARY ANN; 84-144448; Public Facilities Fee Agreement/Release•v 256
Recording Requested By
Return to:
THE CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008
34-144448 _
1984 APR 19 PH 2- 3!
I VERAL.L-ir i
COUNT YKLTOim I'
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
Ralph J. and Mary Ann Haasl
required by an Application for MS 440 - Tentative Tract Map
and Condominium Permit and recorded on
June 4, 1980 , as Document No. 80-180078
is hereby released for the following reason:
/X? Fees Paid and Obligation Satisfied
/~7 Application Withdrawn
l~7 Other
DATED: 3-6-84
ATTEST:
ALETHA L. RAUT
City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.
City Attorney
By
CITY OF CARLSBAD
FRANK D. ALESHIRE,
City Manager
before me the undersigned, a Notary
STATE OF CALIFORNIA) *-«- - 2$**
) SS.
COUNTY OF SAN DIEGO)
On
Public in and for said State, personally appeared Frank D. Aleshire,
known to me to be the City Manager 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, executed
the same.
WITNESS my hand and official seal.
OFFICIAL SEAL -
KAREN R. STEVENS
Notary Public - California
Principal Office In
Sen Disgo County
My Conirnissioii Expires Sept ?7 t985
After Recording .REturn To:
.City .Clerk
12CO Elm Ave.
Carlsbad, CA 92008
AGREEMENT BETWEEN DEVELOPER-OWNER
AND TL'E CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this &f? "~day of /—<*£-.i. j _^
19 jd , by and between (tUi^i k »4^«^^ *^~c *£—'«z . —»—•- —"*
(name of/Qoveloper-owner)
a <*SlZe-~<.**~~*-*<f^e^~^' , hereinafter referred to as
(Corporation, pax tnej?§hip, etc.)
^
"Developer", whose address is ' •f""al
(street)
f 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, S2008.
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 to construct
212
on said Property, which development carries "the proposed name
of i-L * 7
and is hereafter referred to as "Development"; and
«^L
WHEREAS, Developer filed on the spUf —- deiy of_
19 &<-* , with the City a request for
X?x/
<**"**<-£?
^
(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; arid
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.
213
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 bailding 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 credit toward such fee shall be .given for land which has
been dedicated .for park purposes-or for any fees p&.id 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 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.'
214
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.
4:
215
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 or the City herein shall be deemed to be reference to
and incluf.2 their respective successors and assigns without
specific nsntion cf 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
216
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)
CITY OF CARLSBAD, a municipal
corporation of the State of
California
By
City Manager
ATTEST:
T3£ ,
6'
City Attorney
STATE OF CALIFORNIA
COUNTY OF^ Orange,-}-before me,
the undersigned, a Notary Public in and for said County and State,
personally appeared _^Ral2hJ^_Haa8l
and Mary Ann Haasl .
, known to me
to be the personS whose nameS STS subscribed to the
within instrument and acknowledged that thfiJLexecuted the
217
SAFECO
FOR NOTARY SEAL OR STAMP
OFFICIAL StAl
W. L. CHRISTY
Notary Public California
ORANGE COUNTY
^SSSSSi!SS3SS^!^Sfia 19>I983
L.
-•
EXHIBIT "A1
LEGAL DESCRIPTION
ORDER NO. 30-02302-02
PARCEL I:
All of Lot 57 of SHELTER CCVE, in the City of Carlsbad, County of San Diego,
State of California, according to Hap thereof No. 5162, recorded in the Office
of the Cou-ty Recorder, San Si-go County, on April 23, 1963.
EXCEPTING all the oil, gaa, mineral and other hydrocarbon substances lying
below a dep-h of 500.00 fast ;TOE the surface of said land, without, however,
the right cf surface entrr.
PARCEL 2:
A non-exclusive easement and right of way for pedestrian and vehicular
ingress and egress, including the right to transport small watercraft-,
over Lot 15 of that tract described in Map 5162, recorded in the Office
of the County Recorder, San Diegc County, California, on April 23, 1963, .
which easenant is for the benefit cf and appurtenant to the hareinabove
described Parcel 1 and, being appurtenants, shall run with tho land.
PARCEL 3:
A non-exclusive easement and right of way for vehicular and srcall watercraft
ingress and egress over Lot 74 of that tract described in Map No. 5162, recorded
in the Office of the County Recorder,, San Diego County, California, on April 23,
1963, which easement is for the benefit of and appurtenant to the hereinabpve
described Parcel 1 and, being appurtenant, shall run with the land, and which
easement is subject to such rules sad regulations for use as nay be promulgated
from tiaa to time pursuant: to the Declaration of Restrictions and Protective
Covenants, recorded August 33 1S66 as File No, 127577 of Official Records.
PARCEL i; •<••..
An easenent over that portion of the above referenced Lot 74 of said Tract
described la Map Mo. 5162, recorded in the Office of the County Recorder of
San risgo County, California, or, April 23, 1963, rwhich portion is Wharfa&e
Area 37 as delineated ia Exhibit "3" attache_d to and incorporated in the
abovs referenced Declaration of Restrictions and Protective Covenants, said
easement to be for the exclusive right to construct, maintain and use a
Wharfaga facility pursuant to said Declaration of Restrictions and Protective
Covenants end appurtenant to Parcel 1 abova.
RECORDER'S MEMO:
QUALITY OF RECORD DUE TO
plb CONDITION t)F ORIGINAL DOCUMENT
10/5/77 •'"'".
.VF'C""' Civ,/- OF CARLSBAD %*•$
( COUNCIL POLICY STATEMENTV. i
General Subject: Requirements Necessary
to satisfy the Public
Specific Subject: Facilities Element of
the General Plan
,.., Page 1 of 4
1*61 icy No. 17
Date Issued 8-29-79
Effective Date 8-29-79
Cancellation Date
Supersedes Mo.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 that 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:
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 220
COUNCIL POLICY STATEMENT
General Subject: Requirements Necessary
to satisfy the Public
Specific Subject: Facilities Element of
the General Plan
Page 2 of 4
~Vicy No. 17
Date Issued 8-29-79
Effective Date 8-29-79
Cancellation Date
Supersedes Ho.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 imposed by this policy shall be given
for land which has been dedicated for park purposes or for any fees paid
ir. 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,
'•",.-. 9 O |
* li ' .- - CJ r OF CARLSBAD 6 *
**
COUNCIL POLICY STATEMENT
General Subject:
Specific Subject
Requirements Necessary
to satisfy the Public
'-. Facilities Element of
the General Plan
Page 3 of 4>-"•% ' •
v^licy 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 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.
''•-'_,. *• - C?*'"" OF CARLSBAD•-•»,.,»>'
COUNCIL POLICY STATEMENT
General Subject: - Requirements Necessary
to satisfy the Public
Specific Subject: Facilities Element of
the General Plan
222 ,Page 4 of 4
, ,licy No. I_- -! -B-T - - f*_r.J.mn..LJ.-.r.,-mJ^. .T_ _..---.-
Date Issued 8-29-79
Effective Date 8-29-79
Cancellation Date
Supersedes No. 17 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.
NOFH6