HomeMy WebLinkAboutMS 441; FRANMAR INVESTMENT CO; 88-558987; Public Facilities Fee Agreement/Release4404
ecording 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. (80-37)
required by an Application for MS-441
_, as Document No. 80-180077
released for the following reason:
$W^ Fees Paid'and Obligation Satisfied
| | Application Withdrawn
|~| Other
DATED: 10/3/88
CITY OF CARLSBAD
By
and recorded on
is hereby
MARTIN
Community Development^ftirector
ATTEST:
ALETHA L. RAUTENKRANZ . I
City Clerk
APPROVED AS TO FORM:
• ";i?OVED AS TO FORM:
VINCENT F. BIONDOyiyJDfr F. BIONDO, JR., Cl
City Attorney
By RON&LD R,L
1405
STATE OF CALIFORNIA )
\ s s
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 CalifornTa,
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.
******************************
OFFICIAL SEAL
KAREN R. KUNDTZ
NOTARY PUBLIC-CALIFORNIA
SAN DIEGO COUNTY
My Comm. Exp. Sep! 27, 1989
*****************************
After Recording Return To:
City Cl.e^-k ' 1 Oft
1200 Elm Ave". * . a
Carlsbad, CA 92008
AGREEMENT BETWEEN DriVSLOPER-OWNER
AND THE CITY OF CARLSBAD' FOR THE
PAYMENT OF A PUBLIC FACILITIES FES
THIS AGREEMENT is entered into this day o
, by and between j^^ *^*-**!''>-^'^^ .'.-...
(name of developer-owner)
<t £<**1<V^^^
(Corporation , pax trrship, etc . )
"Developer" , whose address is
, hereinafter referred to as
(street)
(tSLS , and THE CITY OF
, state,
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm
Avenue, Carlsbad, California, 92008.
1 . 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
VJHEREAS, the Property lies within the boundaries of City;
and
VJHEREAS, Developer proposes to construct _ ___
200
on said Property f which development carries "the proposed name
A-
7 :
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the&p- — day of ,
19 Q , with the City a request for * fevT^a^Z?^/-*. A- -- 5eS~— - -
..-£*£^<£*^^
(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; an,.1
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.
2Qi
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 the amount of 2% of the building parmit 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 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 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."
202.
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.
( 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'.
; 203
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 includa 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
. 5.
204
first assumed in writing the Developer's obligations hereunder.
9. This agreement shall be recordeo. When the obligations
of uhis 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:
(Name)
(Title)
By
(Title)
kA*<tJ>-*^^ '
CITY OF CARLSBAD, a municipal
corporation of the State of
California
City Manager
- lj. -V\--ALET1IA L. RAUTENKRA&Z, City Clerk
TOTO APPRO/ED AS TO FOR&
: VINCENT F. BIONDO,,
By.V_J l\J i U' f f jr
Daniel 3. Hentschke,
'VHNCEtf&-?:. 3 ION DC, JR., City Attorney
at
STATE OF CALIFORNIA
COUNTY OF Orange
E nn February 29. 1980ou
>rney
205
_, before me, the undersigned, a Notary Public in and for
said State, personally appeared-
known to me to be the
Ralph J. Haasl
.president,Ma^y Ann Haasl
known to me to be the and -Secretary 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
t
OFFICIAL SiAL
W. L CHRISTY
Notary Public - California
ORAN6E COUNTY
WITNESS my haru* and ofntal
Name (Typed or Printed)(This area for official notarial seal)
206
EXHIBIT
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEG3, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
LOT 24 OF THAT TRACT DESCRIBED IN MAP NO. 5162, IN THE CITY OF CARLSBAD,
IN THE CQUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE
OF COUNTY RECORDER OF SAN DIEGO COUNTY, ON APRIL 23, 1963.
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, RESERVED BY JANSS CORPORATION, A
CORPORATION AND RECORDED JUNE 23, 1969.
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 DESCRIBEOD IN MAP NO. 5162, RECORDED IN THE
OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, ON APRIL 23, 1963 WHICH
EASEMENT IS FOR THE BENEFIT OF AND APPURTENANT TO THE HEREINABGVE
DESCRIBED PARCEL 2 AND BEING APPURTENANT SHALL RUN WITH THE LAND.
PARCEL 3:
A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR VEHICULAR AND SMALL
WATERCRAFT INGRESS AND EGRESS OVER LOT 74 AND THAT TRACT DESCRIBED IN VAP
NO. 5162, RECORDED IN THE OFFICE OF COUNTY RECORDED DF SAN DIEGO COUNTY,
ON APRIL 23, 1963, WHICH EASEMENT IS FOR THE BENEFIT OF AND APPURTENANT
TO THE HEREINABOVE DESCRIBED PARCEL 2.
PARCEL 4:
AN EASEMENT OVER THAT PORTION OF THE ABOVE REFERENCED LOT 74 OF SAID TRACT
DESCRIBED IN MAP NO. 5162, RECORDED IN THE OFFICE OF COUNTY RECORDER OF
SAN DIEGO COUNTY, ON APRIL 23, 1963, WHICH PORTION IS WHARFAGE AREA 24 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 OF RESTRICTIONS AND
PROTECTIVE COVENANTS, AND APPURTENANT TO PARCEL 2 AB3VE.
• r :'?'•/',, Cl,, , OF CARLSBAD 207
COUNCIL POLICY STATEMENT
General Subject: Requirements Necessary
to satisfy the Public
Specific Subject: Facilities Element of
the General Plan
Page 1 of 4
it *flicy 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.
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 208
• . .. COUNCIL POLICY STATEMENT
General Subject: Requirements Necessary
to satisfy the Public
Specific Subject: Facilities Element of
the General Plan
Page 2 of 4
No. 17
s,,,/
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 imposed 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,
;. . . 209. ' v . • C" 'Y OF CARLSBAD
* • =
COUNCIL POLICY STATEMENT
General Subject: Requirements Necessary
to satisfy the Public
Specific Subject: Facilities Element of
the General Plan
Page 3 of 4
Jj>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.
-. . :. „, 210Cf Y OF CARLSBAD
*" •• • 'nsr'
;• ' COUNCIL POLICY STATEMENT
General Subject: • Requirements Necessary
to satisfy the Public
Specific Subject: Facilities Element of
the General Plan
Page 4 of 4
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.
RECORDED REUUEST OF
JuN.4 llzsM'BO
OFFICIAL RECORDS _SAH D1EQO COUNTY, C*i:-.
VEiUL.'LYU
RECORDER
NOFBE