HomeMy WebLinkAbout1983-09-11; City Council; Resolution 73381
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RESOLUTION NO. 7338 ~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING RESOLUTION 5999
REVISING THE AMOUNT OF FEES TO BE REQUIRED AS
A CONDITION OF APPROVAL FOR RESIDENTIAL DEVELOP-
MENT WITHIN CERTAIN AREAS OF THE ENCINITAS UNION
SCHOOL DISTRICT.
WHEREAS, pursuant to Chapter 4.7, Division 1, Title 7 of the
California Government Code, the City Council of the City of
Carlsbad, California has adopted a School Facilities Dedication
and Fee Ordinance (Carlsbad Municipal Code Chapter 21.55) ; and
WHEREAS, Section 21.55.150 of the Carlsbad Municipal Code
provides that the standards for the amount of fees to be required
pursuant to such ordinance shall be determined by the City Council
and set by resolution.
made after consideration of recommendations from the governing
board of the affected school district; and
The City Council's determination is to be
WHEREAS, the City Council established standards for the amount
of fees to be required pursuant to Chapter 21.55 in Resolution No.
5999; and
WHEREAS, the City Council is in receipt of recommendations
in regards to revised amount of fees from the Encinitas Union
School District. Their recommendation is attached hereto as
Exhibit A, and is made a part hereof; and
WHEREAS, the City Council fully considered the matter at
the regular meeting of
Council determined to concur in the revised standards as recom-
mended by the Board of the Encinitas Union School District.
Octabsr 11, 1983 at which the City
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N W, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
A. That the above recitations are true and correct.
B. That the standard for the amount of fees to be required
as a condition of approval for residential developments within
that portion of the City of Carlsbad, which is also within the
boundaries of the Encinitas Union School District, shall be as
contained in Exhibit A.
C. This determination is based upon the City Council's
concurrence in the recommendations made by the Governing Board of
the Encinitas Union School District, including the facts supporting
such recommendations as contained in Exhibit A.
D. Unless the decision-making body especially determines to
the contrary, the City Council hereby determines that the following
nent of
1.
2.
3.
4.
5.
E.
fifty units or less:
All such developments shall be required to pay fees
in accordance with the schedule in Exhibit A.
The City Council has reviewed that portion of the General Plan which applies to the Encinitas Union
School District and finds that it provides for the location of public schools.
That the fees to be paid shall be used for the purpose of providing interim school facilities.
That the fees to be paid for each unit bear a
reasonable relationship to the burdens placed
on the School District by such unit and that the
fees will be used to mitigate that burden.
That the school facilities to be funded by the fees
are consistent with the City's General Plan.
The standards adopted by this resolution do not at this
findings and requirements shall apply to any residential develop-
5.me require the dedication of land. The Encinitas Union School
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District is developing standards regarding such dedications.
When the District is prepared to make their recommendations in
that regard, the City Council intends to amend this resolution
to include provisions for requiring the dedication of land as
they determine to be in the public interests.
F. Effective Date. The fee schedule approved by this
Resolution shall become effective on Noverrker 1, 1983.
adjourned PASSED, APPROVED AND ADOPTED at a/regular meeting of the
City Council of the City of Carlsbad, California, held on the
11th day of October , 1983 by the following vote, to
wit:
AYES:
NOES: None
Council Menbers Casler, -is, Kulchin, Chick and Prescott
ABSENT: None
ATTEST :
ALETHA &/RaczT;;_;Rha, L. RAUTENKRANZ, City
(SEAL)
ENCINITAS UNION SCHOOL DISTRICT
EXHIBIT A TO
RESOLUTION NO. -7J3/
189 UNION STREET
ENCINITAS. CALIFORNIA 92024
AREA CODE 61 9 753-1 152
BOARD OF TRUSTEES
Norman L Maclntyre. President
Anthony J Brandenburg. Clerk
Ronald A Countryman. Member
Mary Jo Nonman, Member
Sandra Schultz, Member
Donald E Lmdstrom, Superintendent
and Board Secretary
"Excellence Is Our Goal"
August 5, 1983
Mr. Frank Mannen Assistant City Manager
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92024
Dear Mr. Mannen:
This is to certify that the following is a true and exact
excerpt from the Minutes of the Encinitas Union School
District Board of Trustees meeting held on July 21, 1983:
"Be it resolved that the Board of Trustees
of the Encinitas Union School District does
hereby adjust the developers' fee to reflect
a six percent increase in the Cost of Living
Index during the period July, 1982 - July, 1983;
said fee to be $530. per bedroom or like-room, effective August 1, 1983, on motion by
Mr. Countryman, seconded by Ms. Schultz, and
carried. Ms. Nortman voted, "No. 'I
Sincerely,
_L
Donald E. Lindstrom
Superintendent of Schools
h
~. , .- a
3211
BUSINESS
New Construction
Financial Assistance from Developers
It is the intent and purpose of the Board in adopting this policy
that adequate school facilities shall be available to meet the
needs of students coming from all residential units in the District.
The District's commitments to completed and future dwelling units,
secured by agreements, have taxed District facilities beyond-ac-
ceptable limits.
Financial assistance will be established annually on a per bedroom
or like room basis for all units. In an effort to meet needs
caused by changing conditions, the administration will continually
enter negotiations to bring all developments into compliance with
the fee. Agreements with developers will be made so that the agreed fee is paid in such manner as to have facilities available when students arrive.
During the base year of 1980, the fee is $400. per bedroom or like room. All agreements shall include an inflation factor based on
the Engineering News Record Index (ENRI) for Southern California
which will be applied at execution of the agreement. The formula
for making the adjustment is:
Current ENRI - Beginning ENRI = Difference 2 Beginning
ENRI - Percent Increase + 1 X Current Fee ='New Fee
The adjustment will be applied by Board resolution in August of
each year. It shall use the 1980 figure as base with compounding
of annual inflation factor. Further, subject to ratification by
this Board, the Superintendent of this District is authorized to
negotiate with developers and land owners, and to enter into agree- ments on behalf of this Board according to terms and conditions set
forth in the documents entitled "Security Agreements Between Owner,
Developer, and Encinitas Union School District," and "Secured Agree-
ment Between Owner as Developer and Encinitas Union School District"
respectively.
This policy,.and accounting of dwelling units covered by agreements
will be received in March and August of each year at the first
Board meeting of the month.
Policy
Adopted: March 7, 1978 .
Revised: September 21, 1982