HomeMy WebLinkAboutMS 493; Carlsbad Development Corporation; 86-361097; Public Facilities Fee Agreement/ReleaseRECORDED REQUEST OF FIRST AMERICAN o aos 86-361097
Recording Requested By
and Return To:
THE CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, CA 92008
RECORDED IN I
OFFICIAL RECORDS
OF SAN DIEGO COUNTY, CA. I
1986 AUG21 AM 8:00
UVERA L LYLE I
OUNTY RECORDER _ [
RELEASE OF AGREEMENT
TO PAY PUBLIC FACILITIES FEES
RF 6.00
_MG l.QQ
PLEASE TAKE NOTICE that the Agreement For Payment Of Public
Facilities Fees between The City of Carlsbad and
Carlsbad Development Corporation ._
required by an Application for MS-493
September 16. 1986
' and recorded o
as Document No. 80-2996.
is hereby released for the following reason:
7^7 'Fees Paid and Obligation Satisfied
I"~J Application Withdrawn
l~7' Other
DATED: July 17. 1986
ATTEST:
City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO,
City Attorney
By
CITY OF CARLSBAD
BV mt\
MARTIN ORENYAK,
Community Development Director
STATE OF CALIFORNIA )
) ss .
COUNTY OF SAN DIEGO )o
On July 22, 1986 _ , before me the undersigned, a
Notary Public in and for said State, personally appeared M. Orenyak
known to me to be the Community Development Director
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.
****»*********»*****»»***»««,„
OFFICIAL SEAL
KAREN R. KUNDTZ
NOTARY PUBLIC-CAUFO*NIA
S**1 D(E°0 COUNTY
My Comm. E»p. Sept. 27, 1989
Return
27
AGREEMENT BETWEEN DEVELOPER-OWNER
AND T11V. CITY OF CARLSBAD FOR THE
PAYMENT OT? A PUBLIC .. FACILITIES.. FEE;
day of
~
03 TR '80
TUlf) AGREEMENT is enter eel into this
19 &£>i 1JY an<^ between ' Carl sbad' Development Cororation
______ _ r _ ,
(name o£ developer-owner)
a Corporation , hereinafter referred ko as_^
"(Corporation , partnership, etc.) '
"Developer", whose address is 390 Oak Ave., Suite "0"hiri
Carlsbad, Ga. 92008 f and THE CIT.Y OF
(City, state, zip code)
CARLSBAD, a municipal corporation of the State of California,
s •
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 tlie boundaries of City;
and • - • ' •
WHEREAS, Developer proposes a development project fts follows:
Create four parcels vfhere there are now' . three existing.^, ..,.., a. ,' .. '.
on said Property, which development carries the proposed name
of Royal Homesjf6
and is hereafter referred to an "Development"; and
WHEREAS, Developer filed on the 15th day of July '.'
19 80 / with the City a request for Application for approval of 'a
tentative parcel mafi Tor a minor subdivision of land (intor4 or less-'parcels)
as provided for in Chapter 20.24 of the Carlsbad. MuMcigal^Qode. | ^^^
(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
nddltionnl need for public facilities and. services resulting
from the proposed Development; and
•
WHEREAS, Developer hac 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
mnV.fi any such finding without financial assistance to pay for
ouch 'services and facilities; and, therefore, Developer proposer,
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 follbtost
1. The Developer shall pay to the City a public'facilities
fee in an amount not to exceed 2fc 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
isnuance 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 thft Carlsbad Municipal
Code. A credit toward such fee shall be given for land Which has
• • %
been dedicated for park purposes or for any fftes 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.
C """ ' *«fc.
• - ' '3Q ; 3
the dcvclopmGnt is intended. Develbper shall pay to ditty a public
i •
facilities fee in tho sum of $1,156 for each mobilotiome epace to be
constructed pursuant to the Request. The fee shall be paid prior
to the issuance of building or other construction permits for the
4
development. This fee shall be in addition to Any fees* dedications
or improvements required according to Titles 18, 20 or 21 of the
Carlsbad Municipal Code. A credit toward -such fee Shall be given
for land which has been dedicated for park purposes or for any fees
paid in lieu thereof pursuant to 'Chapter 20.44vbf the Carlsbad
:•«$*. „
Municipal Code. - . • ^"; r • •
2. The Developer may offer to donate a Site or Sies for
•public facilities in lieu of all Of part of. the financial obligation
, * « • ;.
agreed upon in Paragraph 1 above. If Developer offers t'6 .
' • • ..^>" ''<— <• ' ':$»' .donate a site or sites for public facilities, the City fcnall
•consider, but is not obligated t6 accept the 6?fer. IJhe time for
•donation and amount of credit against the • f ee %hall Bd^'iidtermined
.by City prior to the issuance of V^y bvdldiAtf'dr other permits.
Such determination, when wade, shUll become a part of this agree-
ment. Siteo donated under this j^Aifagraph shall' fUftfe ihdlude improvements
* , Mfe^1
required pur^tiant to Titlos 18 fjlTf ft tit W flUllbaA H^rticipal
• " " '••" ' ' KS^' :/>*^ •Code. . •' . • *tf • , •*$
A * i
3. This agreement and the fee paid 'pursuant her6to are
required to encurc'tho consistency of the Development With the
City's General Plan. If the £oe la not paid aft p^o^Jiia herein,
» . ! . |
the City will not havo the funds tb provide public fldilitics and
services, and the Development will not be cbrlflirttdnt i^lth the
«
General Plan and any approval brtpcrm'it for '^ho DcvclttpittQnt f3hall
•il • i ' " ••.-ri"' 4. --^ • •;.,
c ;. • 31
be void. No building or other construction permit or entitlement
for use shall be issued until the public facilities foe 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 mannersJ
* > *•
7.1 If notice is given to the City, by personal delivery
thereof to the City^ or by depoaitihg came- in tho United Stateri
Mail* addressed to the City at the address set forth herein,
enclosed in a sealed envelope, addressed to tho City for attention
of the City Manager, postage propnid and certified.
7.2 If notice in given to Developer by personal delivery
thereof to Developer or by etc poo it.ing the name in tho United fltnter;
5,
^J £
' Mail, enclosed in £i scaled envelope, addressed to Developer at the
nddrcoB 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
oBfligne 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
ouccosaors and assigns. If Developer should cease to have any
interest in the Property, all obligations of Developer hereunder
flhall" terminate; provided, howevert that any successor of Developer1
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.
33
IN WITNESS WHEREOF,.this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OV7NER:CITY OF-CARLSBAD, a municipal
Corporation of the State of California
Carlsbad Development Corporation
^- ,ALJ3TI1A ^.^RAWIg^KJJANiS, City Clerk
City Manager
?NCRNT !•'. BIONDO", JR..,
. City Attorney
STATE OF CALIFORNIA
c COUNTYn>Q.
I On -
u
OF San Diego
July 14, 1930 34
" (Notarial nckn
be attached.)
said State, personally appeared
known to me to be the -
Gustav A. Nesseth
_, before me, the undersigned, a Notary Public in and for
-President, *nH John E.
known to me to be the-.Secretary of the corporation that executed the within instrument,
E ,, . xt-iL L ij*i_ .^i.-iiiiiluliliiNiimiuiiiiiiiittiiiiiiifiiiiiiiifiuiiiKiiiiiiiilliiiiiiiiiuiiiiiinifiuiiiuilltllllllllllliKij< and known to me to be the persons who executed the withiji ,<rwv OFFICIAL SEAL S
^ instrument on behalf of the corporation therein named, and af- /|C,-^jy8yH E. LYNNE RIEMER I
NOTARY PUBLIC CALIFORNIA |
PRINCIPAL OFFICE IN 1
SAN DIEGO COUNTY I
knowledged to me that such corporation executed the withia
2 instrument pursuant to its by-laws or a resolution of its board c§
p.o directors.
tg WITNESS my hand and official seal.o
£ Signature .
I My Commission Expires Feb. 7. 1981 ^f
wmunwuMMtP
Lynne Kiemer
Name (Typed or Printed)(This area for official notarial seal)
,-i«S,
35 •• - ^
Page 1 of 2
EXHIBIT "A!i
PARCEL A:
That portion of Parcel 3 in the City of Carlsbad, County of San Diego,
State of California as shown on Page 7990 of Parcel Maps filed in the
office of the County Recorder of San Diego County, October 27, 1978
TOGETHER WITH that portion of Elm Avenue lying Northerly of and adjacent •
to said Parcel 3 as shown at Page 7990 of Parcel Maps being more particularly
described as follows:
BEGINNING at the most Westerly corner of said Parcel 3; thence along the
Southerly line•of said Parcel 3 South 54°02'24"' East (Record = South
54°18f01" East), 489.66 feet to a point in the arc of a 270.00 foot
radius curve concave Westerly a radial line of said curve bears South
70°58'36" East to said point; thence leaving said Southerly line of
Parcel 3 Northerly along the arc of said curve through a central angle
of 15°01'25" a distance of 70.80 feet to the Westerly line of said
Parcel 3 as shown at Page 7990 of Parcel Maps thence along said westerly
line North 03°59'59" East (Record = North 04°48'25" East), 59.18 feet to
the beginning of a tangent 20.00 .foot radius curve concave Southwesterly;
thence leaving the Westerly line of said Parcel 3 Northwesterly along
the arc of said curve through a central angle of 87°08'44" a distance of
30.42 feet to a reverse 984.00 foot radius curve; thence Northwesterly
along the arc of said curve through a central angle of 24°02'16" a
distance of 412.82 feet; thence tangent to said curve North 59°06'29"
West (Record = North 59°07'13" West), 10.75 feet to the Point of Beginning.
PARCEL B:
Parcel 4 as shown at Page 7990 of Parcel Maps filed in the office of the
County Recorder of San Diego County October 27, 1978 AND Lot 1 of Carlsbad
Tract No. 76-2 according to Map thereof No. 8581 filed in the office of
the County Recorder of San Diego County May 24, 1977 TOGETHER WITH that
portion of County Road Survey No. 745 (known as Appian Road) according
to Plat thereof on file in the office of the County Engineer of San
Diego County lying Northwesterly of and adjoining the Northwesterly line
of Lots 37, 38 and 39 of said Carlsbad Tract No. 76-2 according to Map
No. 8581 AND ALSO TOGETHER WITH that portion of Elm Avenue lying Northerly
of and adjacent to said Parcel 4 as shown at said Page 7990 of Parcel
Maps all being in the City of Carlsbad, County of San Diego, State of
California and being more particularly described as a whole as follows:
S-609958
E-22221
• • 36
EXHIBITS"
Page 2 of 2
BEGINNING at the most Westerly corner of said Lot 1 according to Map No.
8581; thence North 25°42'16" East, 33.33 feet to the beginning of a
tangent 330.00 foot radius curve concave Westerly; thence Northerly
along the arc of said curve through a central angle of 21°42'17" a
distance of 125.01 feet to the Westerly line of said Parcel 4 as shown
at Page 7990 of Parcel Maps; thence along said Westerly line North
03°59f59" East (Record = North 04°48'25" East), 59.18 feet to the beginning
of a tangent 20.00 foot radius curve concave Southeasterly; thence
leaving said Westerly line Northeasterly along the arc of said curve
through a central angle of 87°08'44" a distance of 30.42 feet to a
reverse 984.00 foot radius curve; thence Easterly along the arc of said
curve through a central angle of 19°01'01" a distance of 326.60 feet;
thence tangent to said curve North 72°07'42" East, 2.71 feet to the most
Northerly corner of said Lot 39 of Carlsbad Tract 76-2 according to Map
No. 8581; thence along the boundary of said Carlsbad Tract No. 76-2 as
follows: South 59°43'16" West, 216.75 feet; and South 25°42'16" West,
216.33 feet to the most Southerly corner of said Lot 1 of Carlsbad Tract.
76-2 according to Map No. 8581; thence along the Southwesterly line of
said Lot 1 North 76°03'16" West, 117.47 feet (Record = North 76°Q3I7611
West, 117.46 feet) to the Point of Beginning.
Typed/ag
7-23-80
S-609958
E-22221
CARLSBAD 37
COUNCIL POLICY STATEMENT
General Subject: " Requirements Necessary
to satisfy the Public
Specific Subject: Facilities Element of
the General Plan
•?,age 1 of 4
PcSfxcy No. 17
J3ate 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: ' .••.-.—.-.., . i ..,,-..,..— ^ • * . *
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 Elerrent 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 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.
T CARLSBAD 38
COUNCIL POLICY STATEMENT
General Subject: Requirements Necessary
to satisfy the Public
Specific Subject: Facilities Element of
the General Plan
Page 2 of 4
P *" icy 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'reporf 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 o.rdinary 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 apprdval 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 typos of capital projects: Public buildings
(such as fire stations, police facilities, maintenance and yard
facilities, libraries and general city offices) parks, major streets,
,-• *">•**
General
Specific
CITV ! ")F CARLSBAD - • , 3 4
COUNCIL POLICY STATEMENT
Subject:
Subject:
Requirements Necessary
to satisfy the Public
Facilities Element of
the General Plan
Page 3 of 4
P.'*" 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 i
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 tine 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 imaediatsly 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.
»
«r
*"* :y.
r-
• ' • '"
•••;•> • * ' CIT OF CARLSBAD • • 40
COUNCIL POLICY STATEMENT
General Subject: "Requirements Necessary
to satisfy the Public
Specific Subject: Facilities Element of
the General Plan
Page 4 of 4
I,' ,icy No. 17
Date Issued 8-29-79
Effective Date 8-29-79
Cancellation Date
Supersedes No. 1.7 i^n^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.
C