HomeMy WebLinkAbout1986-04-22; City Council; Resolution 85231
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RESOLUTION NO. 8523
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA REVISING COUNCIL POLICY N0.17
TO INCREASE THE PUBLIC FACILITIES FEE FROM TWO
PERCENT OF THE BUILDING PERMIT VALUATION TO TWO AND
ONE HALF PERCENT OF THE BUILDING PERMIT VALUATION
AND REVISING THE FORM OF AGREEMENT OF PAYMENT OF
PUBLIC FACILITIES FEES TO REFLECT THE INCREASED FEE.
WHEREAS, the City Council of the City of Carlsbad,
California at its March 25, 1986 meeting received a report from
staff recommending an increase in the public facilities fee from
two percent of the building permit valuation to two and one half
percent of the building permit valuation. A copy of Agenda Bill
No. 7099-#6 and the attachment thereto, is on file with the City
Clerk and is incorporated by this reference; and
WHEREAS, at that meeting the City Council heard
testimony from individuals requesting to speak on the issue of
the increased fees; and
WHEREAS, after review of the report by staff and the
testimony by the persons desiring to speak the City Council
determined to increase the public facilities fee from two percent
to two and one half percent of the building permit valuation; anc
WHEREAS, at its March 25, 1986 meeting the City Council
approved the list of projects as shown on Agenda Bill No. 7099-Pc
which the City Manager had recommended for funding by the public
facilities fee; and
WHEREAS, the increase in public facility fee to two and
one half percent of the building permit valuation is necessary tc
fund the improvements shown on the list and approved by the City
Council
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NOW, THEREFORE BE IT RESOLVED by the City Council of tf.
City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That City of Carlsbad City Council Policy Statement
No. 17 issued August 17, 1979 revised in February 1982 and in
April 1984 is hereby revised as shown on Exhibit A attached
hereto and made a part hereof. Pursuant to City of Carlsbad
Ordinance No. 9791 this increased fee shall be paid for all
developments for which building permits were issued after
January 21, 1986.
3. That the form of agreements for payment of public
facilities fees approved by Resolution No. 6094 and revised by
Resolutions No. 6094-A and 6796 are revised to increase the
amount of the fee from two percent of the building permit value
for buildings and structures to two and one half percent of the
building permit valuation for buildings and structures.
4. That the City Manager shall use the list of
projects eligible for funding by public facilities fees as
approved by the City Council on March 26, 1986 as a guide for
preparing appropriate capital improvement budgets for
presentation to the City Council. The City Manager is further
authorized to take any actions necessary to collect the increase
fee from developers of projects for which building permits were
issued after January 21, 1986 and to enforce any agreements
executed by the developer to pay the increased fee.
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PASSED, APPROVED AND ADOPTED at a regular meeting of thr
City Council of the City of Carlsbad, California held on the 22n
day of April , 1986 by the following vote to wit:
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AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
ATTEST:
Page 1 of 5
Policv No. 17 @ITY OF CARLSBAD
, Date Issued 4-22-86 COUNCIL POLICY STATEMENT
Genera 1 SUb-3 ec t : REQUIREI”N’1S NECESSARY TO
SATISFY THE PUBLIC
THE GENERAL PL-AN
Specific Subject: FACILITIES ELENENT OF
Effective Date 4-22-86
Cancellation Date
Supersedes No.r?/27/86,
17 issued
Copies’to: ‘ City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File
BACKGROUND
In order to protect the public health, safety and general welfare of all
the citizens of Carlsbad and to ensure a continued high quality of life
within the City, the Public Facilities Element of the Carlsbad General Plar
requires that an applicant or proponent of a development project present
evidence satisfactory to the City Council that all necessary public
services and facilities will be available concurrent with community need
before any zoning, subdivision, development, or redevelopment approval or
permit may be given or issued.
It is the policy of the City to mitigate the public service and facilities
impacts created by new development and ensure that all public services and
facilities will be provided in the manner which will ensure the continued
hiqh quality of life in Carlsbad. Prior to July 3, 1979, the City Council
relied on a report of availabililty of public facilities and services
received from City staff. On July 3, 1979 the City Manager reported that in the future, those services and facilities cannot be made available to
new development from the City‘s resources. As a result of that report the
City Council adopted City CDuncil Policy No. 17 on August 29, 1979. Policy
No. 17 has subsequently been amended at various times by the City Council.
The most recent amendment to City Council Policy No. 17 was effective on
April 10, 1984. The City Council has been provided with various reports
and information by the City staff since the adoption of City Council Policy
No. 17 and the City Council finds that the facts and circumstances which
required the adoption of Policy No. 17 continue to exist. On January 21, 1986 the City Council adopted Urgency Ordinance No. 9791 after a finding on
January 14, 1986 that establishment of the development management system
and public facilities and improvement phasing plan for the City was
required to eliminate public facility shortages and to protect the
community character and quality of life in Carlsbad. This system and plan is required in addition to the requirements established by City Council
Policy No. 17. On March 25, 1986 the City Manager reported to Council on
the status of public facilities in Carlsbad and recommended an increase in
the public fa6ility fee. The report identified a list of facilities and
services which would be funded by the public facilities fee. The list was
approved by the City Council. In addition to the fee established pursuant
to City Council Policy No. 17 the City requires developers to provide
public improvements by a variety of different means. By utilization of all
available methods the City Council will be able to find that public facilities will be provided concurrent with need as required by the Public
Facilities Element of the Carlsbad General Plan.
Page 2 of 5
@ITY OF CARLSBAD Policy No. 17
Specific Subject: FACILITIES ELEMENT OF
THE GENERAL PLAN
COUNCIL POLICY STATEMENT
. Cancellation Date 17 issued
Date Issued 4-22-86
General S&f&t: REQUIREMENTS NECESSARY TO Effective Date 4-22-86 SATISFY THE PUBLIC
I Supersedes No. 4/27/84
Copies to: ' City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File
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 establishina 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
buildinqs such as fire stations, police facilities, maintenance yards,
libraries and general offices, which will insure they will be available
concurrent with need.
POLICY
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2.
In determining whether or not service provided by another entity will be available concurrent with need in connection with a project, 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 tu 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.
The City Council finds that the report entitled, "A Public Facilities
Fee for the City of Carlsbad", dated July 3, 1979 accurately reflected
the City's need for and lack of ability to provide public facilities
and services to new development and was therefore approved by the
original Policy No. 17 adopted on August 29, 1979. The City Council .
now finds, based on the reports submitted in support of Ordinance No.
9791 and in support of an increase to the public facilities. fee as
presented to the City Council on March 25, 1986, that in addition to a
public facilities fee other means of providing needed facilities and services must be established. These other means include the adoption
of a development management system and various impact fees.
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,
Paqe 3 of 5
17 @ITY OF CARLSBAD Policy No.
COUNCIL POLICY STATEMENT
REOUIREYENTS NECESSARY TO
FACILITIES ELEMENT OF
General s&$ect: THE PUBLIC
Specific Subject: THE GENERAL
, Date Issued' * 4-22-86
Effective Date 4-22-86
Cancellation Date
Supersedes No. 4/2 7/84
17 issued
-~ ~ ~~
Copies to: ' City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File
including but not limited to parks, major streets, traffic siqnals,
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storm drains, bridges and public buildings, such as fire stations,.
policies 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 a 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 project developer agrees to pay the
public facilities fee established by this policy and other impact fees as may be adopted by City Council ordinance or resolution, and
complies with any applicable facilities plans, the City Council will
be able to find that public facilities and services will be available
concurrent with need and that the requirements of the public
facilities have been met.
Before any zoning, subdivision, development or redevelopment approval
or permit may be given the applicant shall pay or agree to pay a
public facilities fee in the amount of 2.5% of the building permit
valuation of the buildings or structures or a fee of $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.
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,
traffic signals, storm drains, bridges and other similar projects as
the Council may deem necessary and appropriate. Designation of
expendituse3 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 improvments budget or at such other time as the Council
may direct.
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
... Page 4 of 5
Policy No. 17 afTY OF CARLSBAD
COUNCIL POLICY STATEMENT
General Sub-ject: FUZQUIREMENTS NECESSARY TO
Specific Subject: FACILITIES ELEMENT OF SATISFY THE PUBLIC
THE GENERAL PLAN
.
Date Issued 4-22-86
Effective Date 4-22-86
Cancellation Date
Supersedes No. 4/27/84
I 17 issued
Copies to: ‘City Council, City Manager, City Attorney, Department and
Division Heads, Employee Bulletin Boards, Press, File
not exceed the fee which would be payable hereunder if the
building beinq 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 building 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) Additions to existing single-family or two-family residential
structures, provided the addition does not create a new dwelling
unit or economy dwelling unit as defined by the Uniform Building
Code.
(e) 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.
There is excluded from the fee imposed by this policy:
(a) Any person when impositon 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) The construction of any building by the City of Carslbad, the
United States or any department or agency thereof or by the State
of California or any department, agency or political subdivision
thereof.
Paqe 5 of 5
@ITY OF CARLSBAD Policv No. 17
COUNCIL POLICY STATEMENT Date Issued 4-22-86
Specific Subject: FACILITIES ELEMENT OF THE GENE.W PLAN Cancellation Date
Supersedes No. 17 4/27/84 issued
Copies to:' City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File
7. 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.
8. On August 29, 1979 the City Council adopted Policy No. 17. In so
doing the Council found that public facilities were adequate for
shall apply to projects involving the conversion of an existing
building or mobilehome park to a condominium, planned unit
development, stock cooperative or other similar form of ownership as
follows:
If the building or park being converted was constructed before August
29, 1979 the fee to be paid shall be limited to 2.5% of the building
permit valuation of any new construction done as a part of the
conversion. If the building or park being converted was constructed
after August 29, 1979 a fee of 2.5 % of building permit valuation at
the time of construction shall be paid plus a fee of 2.5% of the
building permit valuati,on of any new construction done as a part of
the conversion.
. existing structures but not for any new development. Policy No. 17
9. Pursuant to City of Carlsbad Ordinance No. 9791 the increased public
facility fee shall apply to all projects for which building permits
were or will be issued after January 21, 1986.