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Home My WebLink AboutMS 483; GOLDBERG, TED AND SANDRA LEE; 85-173860; Public Facilities Fee Agreement/ReleaseRECORDING REQUESTED BY CONTINENTAl LAND THIE 2194 R< and Return To: THE CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 85T173860 RECORDED IN 1OFFICIAL RECORDS OF SAN DIEGO COUNTY.CA. I 1985 MAY 17 AM 8:00 RELEASE QF AGREEMENT TO PAY PUBLIC FACILITIES FEES uCVERA L LYLE I OUNTY RECORDER PLEASE TAKE NOTICE that the Agreement For Payment Of Public Facilities Fees between The City of Carlsbad and TED GOLDBERG and SANDRA LEE GOLDBERG required by an Application for MS-483 - Tentative Map and recorded on 80-190532June 16, 1980 as Document No. is hereby released for the following reason _/x7 Fees Paid and Obligation Satisfied /~7 Application Withdrawn /~7 Other DATED: May 2. 1985 ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO City Attorney By CITY OF CARLSBAD D. ALESHIRE, (X City Manager STATE OF CALIFORNIA ) ) ' ..COUNTY OF SAN DIEGO ) ss.2195 On x^7*^*S /(5~~ , before me the undersigned, a Notary Public in a»fl for sVid State, personally appeared Frank N. Mannen, known to me to be the Acting 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, California, executed the same. ^WITNESS my hand and official seal. OFFICIAL SEAL KAREN R. STEVENS Notary Public - California Principal Office In San Dies" County My Commission £«p««s S»)« 21. 1995 cording Return To: Ave*. sba , CA 92008 BOOK 1980RECORDED REQUEST OF f AGREEMEUT BETYIFEn DEVELOPF.R-OVJNER AND Till', CITY OP CARLSBAD FOR THE P/vYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 19\^__, by and between 'OFFICIAL r.tOOROS SAH DIEGO eOUHTX. CALIF. . VERA L. LYIE .RECORDER day of (name o£ cievelopcr-oV'ncr) a ,hej:einafter referred to as i___ (Corporation, partner ship , etc.) "Developer", v.'liose address is v^. v_ ( s t r ect) v\\V. , and THE CITY OF (City, state, /:,ip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose .address is 1200 Elm Avenue, Carlsbad, California, 92008. W ITNESSETII: WHEREAS, Developer is the owner of the real property described on Exhibit "7v" , 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: v, tv A\^ ^ \ K xxtA 3, iP* o c oO m " I3' 293 on said Property, which development carries-the proponed name o f \^\ ^ \^ ^.^v \N\W V and is hereafter referred to as "Development"; and v ~^«^ VIIIEPJiAS, Developer filed on the ^\ day of 19 "^o, with the City a request for. . 5 V& 3 (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 'service::, and facilities; and, therefore, Developer proposes 294- /to help satisfy the General PIan as implemented by Council Policy Mo._ 17 by payment of a public facilities fee. NOV7, 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 t 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 bud.lding 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 vise" as vised in this agreement, except in reference to inobilehome sites or projects, shall not refer to 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. ' .295 -.,*' the development is .Intended. Developer shall pay to City a pub lie facilities fee in the sum of $1,150 for each mobilchome space to be constructed pursuant to the Request. The fee shall be paid prior to the issuance of bvi.ildi.ng or other construction permits for the development. This fee shall, be in addition to any fees, dedications or .improvements required according to TitJ.es 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. . • . . 2. The Developer may offer to donate a site or sites for •public facilities in lieu of all or part Q'f• 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 £igree~ me jit. Sites donated under this paragraph .shall not include improvements * required pursuant to Titles 1C or 20 of the Carlsbad Municipal Code. . • . 1 • 3. This agreement and the fee paid pursuant hereto arc required to cnsurc'thc consistency of the Development with the City's General Plan. If the fee is not paid as provided heroin, \ 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. ' 296 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 depos.it 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 wluitsoever 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 scaled 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 deposit:! ng the same in the United Stahcs 5. 297 Mail, enclosed in LI sealed envelope, addressed to Developer at the address as may have been designated, pontage 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. VJhen the obligations of this agreement have been satisfied, City shall record a release. /// 29.8 IN V?ITI:ESS VJUKREOF, .this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER:CITY OF-CARLSBAD, a municipal corporation of the. State of California By.By (Title) A- -. >^3K^A^ City Manager (Title) .7 ALETHA L. RAUTEN\;EANZf City APPROVED AS TO F' CENT /•' XjiarONtfO , JR .. / . Paniel S. rlentfehke. Assistant TO 1944 CA (8-74) (Individual) STATE OF CALIFORNIA COUNTY OF San Diego 299 TITLE INSURANCE AND TRUST SS.ATICOR COMPANY (Not 'ir i be atta A ' t June 4. 1980 before me, the undersigned, a Notary Public in and for saidState" P*™"^ aPPeared Theodore Ted Goldberg and Sandra Goldberg to be the person _ ? _ whose name. s , known to me are subscribed to the within instrument and acknowledged that executed the same.• IWITNESS my hand and official seal. Signatu OFFICIAL SEAL PAT HERSHFELD NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY ,wy Commission F.xpirevJuly 26, 1981 (This area for official notarial seal) -**"%, 300 " EXHIBIT "A1 LEGAL DESCRIPTION: Lot #330 of La Costa Meadows Unit No. 2, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 6905, filed in the Office of the County Recorder of the County of San Diego on April 21, 1971 • _„_: 301 •"'".7";"' CITY OF CARLGBAD COUNCIL POLICY STATEMENT General Subject: " Requirements Necessary to satisfy the Public Specific Subject: Facilities Element of the General Plan Nage 1 of 4 Policy No. 17 Date Issued 8-29-79 Effective Date 8-29-79 Cancellation Date Supersedes No. 17 issxied 9-6-78 Copies to: City Council, City Manager, City Attorney, Department and Division Heads/ Employee Bulletin Boards, Press, File BACKGROUND: ' : V 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 s-ations, 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 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, 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. '4 C CARLSBAD -302 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 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 ±o 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, OF CARLSBAD • , '303 COUNCIL POLICY STATEMENT General Subject: Requirements Necessary to satisfy the Public Specific Subject: Facilities Element of the General Plan Page 3 of 4.•*"%. \ KM*!icy 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 incone 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 corporatior exclusively for religious, educational, hospital or charitable purposes. v| c '•• -'"''I • - Crjf^OF CARLSBAD 304 , "* * . ^BbX . COUNCIL POLICY STATEMENT General Subject: ' Requirements Necessary to satisfy the Public Specific Subject: Facilities Element of the General Plan "age 4 of 4 !v aicy No. 17 Date Issued 8-29-79 Effective Date 8-29-79 Cancellation Date Supersedes No. 17 i«;«?ii<=>rl 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. \ J*' V CITY OF CARLSBAD Inter-Office Correspondence TO: FROM: SUBJECT: OFFICE DATE: MESSAGE - 6 £. Attachments:Reply requested: Signature: REPLY: Date:Signature SCHEDULE A " -' ' C ", -.tate or interest in the land described or referred to in this schedule covered by tffs report is: A FEE Title to said estate or interest at the date hereof is vested in: TED GOLDBERG AND SA1SDRA LEE GOLDBERG, HUSBAND AND WIFE, AS JOINT TENAMTS The land referred to in this report is situated in the State of California, County of CAM TjTEGO and is described as follows: LOT 330 OF LA COSTA MEADOWS UlttT KO. 2, III THE CITY OF CARLSBAD, COUOTY 0? SAH DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF KO. 6905 FILED IS THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, APRIL 21, 1971. Cl.I A Preliminary Report Form