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CP 125; E COVE DR BTWN PARK DR & COVE DR CUL-DE-SAC; Condo Permit (CP)
eci1 eiTed j• te Application /4ONDOMINIEJM PERMIT / CITY OF CARLSBAD (PLEASE PRINT) 1. REQUEST: Condominium Permit for fifteen units on property of approximately acres. 2. Location: The subject property is generally located on the -_east side of Cove Drive between Park Drive and Cove Drive cul-de sac 3. ASSESSOR'S NUMBER: Book 207 Page 1 50 Parcel 84 Book Page Parcel - (If more, please list on bottom of page). 4. OWNER (S).OR PRINCIPAL OF CORP.- OT-7/4 .. . Name Address zip Phone .Cape Bristol Condoniiniums _P.0.Box I.D. _DanaPoint,CA 92629 _(714)493-0852 5. Person responsible for preparation of plan: Robert N.Greig,A.I.A. Name Address Zip Phone - RobertN. Greig Architecture .111S. Orange . CA 92666 _(714)633-0125 and Planning 6. Registration of License No: > C 7300 APPLICANT'S SIGNATURE:* I hereby deqlare that all information cained within this application is true; and that all standard conditions as indicated on the attach- ment have been read, understood and agreed to. Name Address . _•Phone - Penn Thayer .Box I.D... Dana Point,. CA . . .92629. . (714) 493-0852 *NOTE: If the applicant is an agent to the property owner, a signed and notarized letter authorizing the applicant to represent the property owner must be submitted with the application. The City of Carlsbad Planning Department would appreciate the opportunity to work with the applicant throughout the Planning stages of the proposed development. In an effort to aid the applicant, the Planning Department requests that it be given an opportunity to evaluate and discuss the application and plans prior to submittal. This request is not a requirement; however, it may avoid major redrafting or revision of the plan which only serves to lengthen the processing time. ATTACHMENTS: Supplemental Information Form - Planning O Standard Conditions - Planning 27 Preparation Check List - Planning 32 and 32A Procedures - Planning 36 FORM PLANNING 13 Date of Planning Commission Approval 6/11/79 -'• .•- - - - 44 sO ( If after the information you have submitted has been reviewed, it is determined that further information is required, you will be so advised. Cape Bristol Condominiums APPLICANT: Name (individual, partnership, joint venture, corporation, syndication) Box I.D. Dana Point, CA 92629 Business Address (714) 493-0852 Telephone Number AGENT: Libuse and Associates, Inc. ( Janis Libuse) Name 1320 Grand Ave., Suite 15 San Marcos, CA 92069 Business Address (714) 438-3525 or 7443544 • Telephone Number 34645 Camino Capistrano, MEMBERS: 1. Penn Thayer Capistrano Beach, CA Name (individual, partner, joint Home Address • venture, corporation, syndication) Box I,D., Dana Point, CA 92629 Business Address (714 ) 493-0852 Telephone Number Telephone Number 1236 Indian Springs Drive 2. Ralph L. Parke Glendora, CA 91740 Name Home Address 2626 B. Garvey, West Covina, CA 91791 Business Address Telephone Number Telephone Number 3. William Guptil (Bus.)2626 B. Garvey, West Covina, CA 91791 (Home)2573 San Andreas Way, Clairemont, CA 917 1 1 4. Leonard Speilman. (Bus.) 20101 Oak Lane, Orange, CA 92667 (Home) -same- 5. Al J. Oligino (Bus.) Box I .D., Dana Point, CA 92629 ______________ 6. James Stegal (Bus.) 3388 Via Lido, Suite 500, Newport, (.A (Home) 105 Via Vnciine, Newport, CA • 92660 (Attach more sheets if necessary) I/We declare under penalty of perjury that the information ccntained in this dis- closure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. Applicant BY ,r / Agent, Ow tne •' -' -'-s' - - , -w__- •'-.t- '. SUPPLEMENTAL INFORMATION FORM SPECIFIC PLAN/MASTER PLAN/TENTATIVE SUBDIVISION MAP/SPECIAL USE PERMIT/ PUD/ CONDOMINIUM PERMIT/PRECISE DEVELOPMENT PLAN/SITE DEVELOPMENT PLAN. 1) Gross Acres (or square footage if less than acre) approx. 22,215.6 Sq. ft. 2) Number of Lots or Units fifteen units 3) Type of Development residential Residential, Commercial, Industrial 4) Present Zone Residential- Waterway Proposed Zone N/A (If change requested) 5) General Plan Land Use Designation High Density Residential (20-30 d.u./ac) 6) Source of water supply City of Carlsbad 7) Method of sewage disposal Encina Sewer Service - 8) Types of Protective Covenants to be recorded Homeowner's Association with CC&R's 9) Transportation modes available to service .the development Bus service available at the intersection of Cove Drive and Park Drive 10) School District (s) serving the property Carlsbad Unified School District 11) If your project is for or anticipates being for more than 50 res- idential units do you prefer to dedicate land N/A pay fees N/A , or a comDination thereof N/A 12) Methods proposed to reduce sound levels The floors between the units will be.coristructed with lightweight concrete. Also, by design, there will not be any side-by-side units. - 13) Methods proposed to conserve energy En ergy conservation measures in accordance with Title 24. Insulation will consist of a combination of fiberglass bats and light-weight concrete. Additional sheets may be attached if necessary to answer any of the above questions. FORM PLANNING 20 - February 1, 1979 \ ' STANDARD 'ThDITIONS -, CITY OF ARLSBAD SPECIFIC PLAN/CONDITIONAL USE PERMIT! VARIANCE/PLANNED UNIT DEVELOPMENT! SITE DEVELOPMENT PLAN/SPECIAL USE PERMIT CONDOMINIUM PERMIT/PRECISE DEVELCPi'ENT PLAN Development shall meet all requirements of the subdivision, zoning. and building codes, laws, ordinances or regulations of the City of Carlsbad, and other governmental agencies. Some of the more pertinent requirements and procedures of the City are listed below for your in- formation and concurrence. Please read this list carefully and feel free to ask for further information or explanation. 1) All conditions for Conditional Use Permit, Variance, Planned Unit Development and Special Use Permit shall be completed and the project commenced within 18 months from final City action, unless otherwise stated as part of the approval. There is no time limitations for Specific Plans unless required as part of the approval. 2) Development shall substantially conform to the approved plan. 3) All public improvements shall be made in conformity with City Standards, to the satisfaction of the City Engineer, without, cost to the City of Carlsbad and free of all liens and encumbrances. 4) Prior to any construction, the applicant shall submit plans to the appropriate entity providing domestic water to the • proposed development, for its approval of the location, type and adequacy of water lines. .5) Prior to any construction, the applicant shall obtain approval / from the City Fire Department of the location and size of fire hydrants. 6) The applicant shall install all required fire hydrants and dry-stand pipes prior to framing construction, and said fire appurtenances shall be functional prior to commencing such work. 7)' Street trees, as required by the City, shall be installed by the applicant at applicant's expense. Trees shall be of a type approved by the Parks Department and shall be installed to their specifications. If removal of any existing trees is required by the City, said removal shall be at the applicant's expense. It shall be the responsibility of the applicant to make all arrangements with the Parks Department concerning the require- ments of this condition. 8) A detailed grading plan which includes proposed drainage and erosion control landscaping or other measures such as desilting basins shall be approved by the City Engineer. .9) Immediately after grading, erosion control landscaping and/or other measures such as desilting basins shall be installed. This control may be the final landscaping if so approved. 10) A detailed landscape and sprinkler plan shall be submitted for Planning Director's approval for all graded slopes 5' or greater in height and any other areas required by law. 11) Prior to final building inspection clearance, all landscap- ing and irrigation systems shall be installed or adequate bonding, accepted. Said landscaping shall be maintained in a manner acceptable to the Planning Director. 12) No signs or advertising of any type whatsoever shall be erected or installed until plans thereof have been approved by the City of Carlsbad. As part of the approval process, the City may modify these conditions or add others, especially those of a more specific nature. The applicant will be notified of these modifications or additions by Resolution. Form Planning 27 /Date of Planning Commission Approval - RECORIING REQUESTED 8Y AND WHEN RCORDSD P4*11. TO Ham. Cape Bristol Condominiums Street Box I-D Address Dana Point, CA 92629 City & State I MAIL TAX STATEMENTS TO P Ham. Stt..I Same as above Address City £ State _j 43Ozz A.P. #207-150-84 79543384 1U. -- W bOOi197 RECORDED REOUEST OF SAFECO TITLE INSURANCE COMPANY DEC 3I Ii 33 AIM "1 OFFICIAL RECORDER SAN DIEGO COUNTY. CALIF $3.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE Grant Deed The undersigned grantor (s) declare (s) : TRANSFER TAX PAID Documentary transfer tax is $_29. 15 SAN DIEGO COUNTY RECORDER computed on full value of property conveyed, or X) computed on full value less value of liens and encumbrances remaining at time of sale. Unincorporated area: ( ) City of , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, HANS J. SCHROEDER hereby GRANT(S) to CAPE BRISTOL CONDOMINIUMS, a Joint Venture composed of Penn P. Thayer, Ralph L. Parke, William Guptill, James W. Stegall and Leonard Spielman and Alfred J. Oligino the following described real property in the County of San Diego State of California: Lot 1, Carlsbad Tract No. 72-16 as per map No. 7730, recorded in the office of the 'county recorder of San Diego County on August 22, 1973. Dated November 7, 1979 - Hans J. Schroeder 'rvl'E OF CALIFORNIA :OENTY OF' Lfloxad On __.N.av.ember 2&,_.._1979 before me. tit, under- signed, a Notary Public in and for said State, personally appeared Hans J. Schroeder known to me I,, he the person whose name _]5 subscribed to the within inrument and acknowledged that _he executed tile same. official seal W11'NESS Inyl an(iffi ) Name (Typed or i'rinted Commission OFFICIALSEAL NOTARY PUBLIC — BOOA CAL EL DORADO COUN1Y Expires FEB. 17.1981 .0 lii. iji tluiarluI I 31493 ___Ecj&iw or Loan f\ti.__ - - MAIL TAX STATEMENTS AS DIRECTED ABOVE . . RANDOLPH H.JOHNSTON , REAL. ESTATE APPRAISER - 9446 MIRAMAR ROAD • SUITE D • SAN DIEGO, CALIFORNIA 92126 3 (714)578-1744 8 October 1982 zi Mechanics National Bank 16250 Gundry Paramount, Ca. 90723 Attn: Isaac Inouye Gc/\ Cc RE: —4525 Cove Drive Carlsbad, California Gentlemen: Pursuant to your request, I have examined and appraised the above captioned property. Said property is more particularly described elsewhere in this report. The purpose of this appraisal is to determine the market value of the subject property in fee simple title. Market value is defined as the highest price, estimated in terms of money,that a property would bring if exposed for sale on the open market with neither buyer nor seller acting under duress and both being aware of all the uses to which the property could be put and for which it is capable of being used. I Further, this appraisal is made with the following limiting conditions: 1 1. That the subject property is free and clear of all liens. 2. That the title to the property is assumed to be good and merchantable. 3. That the maps and/or sketches are employed solely to aid the reader of this report. I have ) made no survey of the property and assume no responsibility for same. I Page 2 4. That all data are believed to be from reliable sources. 5.. That possession of this report, or a copy thereof, does not carry with it the right of publication, nor may it be used for any purpose by any but the I client or this appraiser. 6. That I am not required to give testimony or attendance in court by reason of this appraisal, with regard to the property herein appraised, unless arrangements have been previously made thereof. '1 '1 DESCRIPTION NEIGHBORHOOD The subject property is located in the City of Carlsbad in northern San Diego County. This is a coastal city offering i much in the way of water oriented recreation, employment, and shopping with good access to other areas of the county and ) OrangeCounty to the north. The immediate neighborhood is composed of condominium 1 . I and' apartment lots surrounding Bristol Cove (a cove on the Agua Hedionda Lagoon). Those on the cove are permitted slips 1 1 for small boats. Approximately half of these lots are currently improved. Others are graded with off-site improvements I complete and utilities ready for development. The area on the hills to the north has custom and tract single family homes of, mostly, good quality. SUBJECT Location: Legal: Shape: Size: APN: Zone: Topography: Easterly side of Cove Drive, approximately 1150 feet southerly of Park Drive. Lot 1, Carlsbad Tract No. 72-16. Irregular. 0.51 acres= 22,216 square feet. 207-150-84. RW, Residential Waterway. Level at street grade. RANDOLPH H. JOHNSTON V Page Off-site Imprs: Asphalt paved street, concrete sidewalk and curb. Rear slopes down into water in the cove and is covered with good sized rock. Utilities: All customary public utilities are in and available to the site. Flood Hazard: Not located in a federally designated flood hazard area. Current use: Vacant, finished lot. Highest & Best Use: To the developement of a condominium project. • Amenities: Backs to a cove that allows for slips for small boats (sailing and skiing) with access to the Agua Hedionda Lagoon (a land locked lagoon that has sheltered water recreational activities). Remarks: The subject is one of approximately 86 lots located on or near Bristol Cove. It is about the fourth largest of all of these lots in size (and the largest still undeveloped). It is considerably larger than most (the typical lot being about 40 x 117, or 4700± square feet). This 'would permit the subject more flexibility in its development and allow more units. According to the City of Carlsbad, the subject has an approved map and condominium permit with a special situation allowing these to be in effect in perpetuity (will not epire). Thus, inactivity for 2½ years after permit approval has no effect on subject's readiness to be improved. I RANDOLPH H. JOHNSTON r'r! - -- 'r . . Page 4 VALUATION 4 The subject property is very unique with regard to its location and amenities- quite unlike anything else around. As previously stated, there are a fair number of lots on or near the cove. Unfortunately, no sales of any of the vacant lots since 1979 were found (except the subject property). It was determined that this was too far back in time and would, therefore, provide only misleading information. Several sales of land sold for condominium development located throughout the Carlsbad area were investigated. Also, several of the vacant lots (all smaller) are currently for sale. Both of these sources were of aid and were employed in arriving at an estimate of value of the subject parcel. I SALES icP The following are sales of land for condominium devèlopement and are located throughout the Carlsbad area: I 1 I RANDOLPH H. JOHNSTON - I/ I •------. I \ " A ) / ® SEE SHEtT41 a ,q 1.67 - SEE SHEET 3 (C) "SEE SHEET ! / - C4 -1 SALE #1 APN: 216-200-14 Location: Easterly side of Pirineos Way. Size: 0.40 acres. Date of Sale: 10/81. Price: $225,000. Price/SF: $12.91. Remarks: Level above street grade. 2 story (4 building) condos now under construction. Backs to La Costa Country Club. RANDOLPH H. JOHNSTON REAL ESTATE APPRAISER ii • Page .• . 1 ri I •( • CAtS.fl# ( ..•' \. -9, J p ' , • SEE 4 SEE SHEET 3 0 SEE S -€ET2 - - ¶ •V• / 1 "$7 ---------- 4-G Pt - I 3 I I i ALE #2 4 APN: 216-200-01,02 Location: Nly side of Navarra Dr., Ely of Viejo Castilla Way. Size: 0.86 acres. Date of sale: 8/81. Price: $468,000. Price/SF: $12.49. Remarks: Level at street grade. I Modern 2 story condo pro je iipeed. Backs to La Costa Country I Club. 'I 1 • RANDOLPH H. JOHNSTON REAL ESTATE APPRAISER 0 9 013 9 I 1" I J X)\ 0 \ 4I . \\ 012 (D CD 1- IA a 9 iage / . -4 •1 •1 V/SALE' #3 APN: Location: Size: Date of sale: Price: Price/SF: Remarks: 206-011-01 thru 05 & 20. Ely side of Carlsbad Blvd., between Tamarack Av. & Sequoia Ave. 0.88 acres. 7/82. $919,000. $24.03. Sets well above Carlsbad Blvd. street grade. Unrestricted ocean view. Buyer plans 18 condo units. RANDOLPH H. JOHNSTON REAL ESTATt APPRAISER _ r t_I 253 _ I QD AA bep. FL.ISADES 8USE F G MAP I4* SCALE 1.100. i. ID I I Page • I I a 'SALE #4 4 APN: Location: Size: Date of Sale: Price: Price/SF: Remarks: 204-251-12 thru 14. Sly corner of Garfield St & Juniper Av. 0.39 acres. 1/82. $500,000. $29.43. Level w/street grades. Frame 2 story condos under construction. A few units will have some ocean views. I RANDOLPH H. JOHNSTON REAL ESTATE APPRAISER Page 9 S . * LACUNA o. - *1 U , 3 U - \ •ccD © p --i- QD 32 30 .10 I I 11 I I SALE #5 I 203-130-30 & 31. Ely side of Hope Av. Sly of Home Street. 0.25 acres. 6/81. $260,000. $23.88. Older remodelled SFF front, new 2 story condos in rear. APN: •1 Location: Size: 1 Date of sale: Price: Price/SF: Remarks: RANDOLPH II. JOHNSTON nr-Al FcTATF M'PPAtcrrl rctyL2 .LU . - -- - • 4 1 • -. I I •1 I I I I a., • LCO'U. ••I' lIJCAV SCC ..r 3 SALE #6 APN: 207-150-84. Location: Ely side of Cove Dr., Sly of Park Dr. Size: 0.51 acres. Date of Sale: Price: $550,000. Price/SF: $25.25. Remarks: This is the subject property. It resold 6/81 for an undisclosed amount. 2= 3 LLa /5 I RANDOLPH H. JOHNSTON REAL ESTATE APPRAISER . . Page 11 It should be noted that none of these sales, except number six (the subject) are as well located with regard to the cove and lagoon. LISTINGS The following are vacant lots located in Bristol Cove which are currently for sale. Due to the uniqueness of this area and the lack of recent lot sales (with the exception of the subject lot), these were employed to help determine the market value and to set the upper limit: a RANDOLPH H. JOHNSTON r -- A r A r'nPPI.rfl 0•p .c .s \ Ut 1••, PARK •1 a I I I I Page 12 . . LISTING #1 APN: Location: Size: Listing Date: Price: Price/SF: Remarks: 207-150-71,72. Ely side of Cove Dr., Sly of Park Drive. 9,360 SF. 10/81. $125,000 each. $26.71. 2 lots located near subject. Backs to cove. Seller owns free & clear- may help finance. I RANDOLPH H. JOHNSTON REAL ESTATE APPRAISER PARK I 1 I '9 I •1 r U LISTING #2 207-150-26. Wly side of Park Dr., S Ll ly of Cove Dr. 6500 SF. 5/82. $138,000. $21.23. Backs to Bristol Cove. More auto traffic. Seller will subordinate. 4 APN: Location: Size: Listing Date: Price: Price/SF: Remarks: — .- -- .. -- - - ... -- --- I TU 73 1p I CCC CR' \ 2 . I i 0 al Cc I sc $ "Olt r 3 SA I c_. 1• 1 .-,;i1 •\ I c3 :-- - - J3- 'C ICHANGES I • l$tK0tj!!t!fi1 '5' • . !i' -' \I Oce rco\ -'. € %CO-O- 2c ' - ... I -_ •3.: '\ - 15 p •D.Afl Sit V r h I 5CC 3-4 I RANDOLPH H. JOHNSTON REAL ESTATE APPRAISER 41 -P rill \sccsr3 i t - I ,' ...iP 4 • 3 CHANGES NIW (UI 74 OL) OIAC 30 37- , 3J,11 0-5 x :•f.,;@Y;. tj ____ ..•. I ( ... 8 IT % . 71AZ 5-.724M _ stc s..r I •1 3 I Page 14 I PARK I LISTING #3 4 APN: Location: Size: Listing date: Price: Price/SF: Remarks: I 207-150-29. Wly side of Park Dr., Sly of Cove Dr. 4960 SF. 2/82. $140,000. $28.23. Backs to Cove. Seller will half of price. More auto traffic. RANDOLPH H. JOHNSTON REAL ESTATE APPRAISER PARK 101 r F I 1. I I I I I U 1. I Page 15 N \ 73 Al ¶ 4 •' ' I o ... • . ' . .. \\ LCPt3 I •. / ..•i P '. 111'. ..A 14 .DIZ 1-1191 D. 2 13 CHANGES ac..\ 30 41#1 O1DWIyr cut 11 c 8 () \ IC SEC s. LISTING #4 #4 4 APN: 207-150-33. Location: Wly side of Park Dr., Sly of Cove Dr. Size: 4800 SF. Listing date: 10/81. Price: $125,000. Price/SF: $26.04. Remarks: Backs to Cove. Seller won't carry. More auto traffic. RANDOLPH H. JOHNSTON REAL ESTATE APPRAISER 2 •i 9 I I 1 1 .4 I ) I I I > ..\'\..-': '. ..•. .,.•'• .• •' :' I' \ : In 3 IL \ \\ r C\ç - 4 L - • \\\ : '. • . .. ' •, 0 1... •: $ \ •. 1 1) /\ •-•- J .'Jt•. • •. I •: . -- ----7 N L 4. BAC(IAID Aippo 1 H L CiRt j r /J — — — . troti - { H fl rj"". - _AIIL:I -ARI-C)BAD - - -- J( (.I cø.IE - -,. - r r H II 1•1 U fl a n ,•."1I••, L___.___'- •1 AIRPORT L 'I Yl I 1 Dw I , Page 16 It should be noted that none of these listings are of lots as large as the subject, nor do any have approved maps or permits. MARKET DATA SUMMARY AND CORRELATION NO. PRICE DATE SIZE PRICE/SF Si $225,000. 10/81 0.40Ac $12.91 S2 468,000. 8/81 0.86Ac 12.49 S3 919,000. 7/81 0.88Ac 24.03 S4 500,000. 1/82 0.39Ac 29.43 6/81 0. ZAc 23.88 Sf, 5!,0,000. 4/81 0.51Ac 25.25 Li 250,000. -- 9360SF 26.71 L2 138,000. -- 6500SF 21.23 L3 140,000. -- 4960SF 28.23 L4 125,000. -- 4800SF 26.04 ANALYSIS Each of these sales and listings was analyzed and comparisons and adjustments made for such factors as: location, site influences, size, and potential for development. This resulted in a determination of market value for the subject property of $26.50 per square foot. Applying this to the subject's land area: 22,216 SF @ $26.50 = $588,724. or say = $590,000. RANDOLPH H. JOHNSTON r- ATr A rrnAIrn 10, I I. Page 17 CONCLUSION It is my opinion, expressed as of 23 September 1982, that the market value of the subject property is FIVE HUNDRED NINETY THOUSAND DOLLARS ($590,000). Ti D RHJ : rp 4 .1 ZU~4Lt - Randolph H. J hnston I RANDOLPH H. JOHNSTON QUALITY ORIGINAL (5) S fl- VIEW FROM THE SOUTHWESTERLY CORNER VIEW FROM THE NORTHWESTERLY CORNER RANDOLPH H. JOHNSTON --.--.- S S STREET SCENE LOOKING NORTHERLY STREET SCENE LOOKING SOUTHERLY RANDOLPH H. JOHNSTON ., j • ..._ L 4 ._ i..J . ii -JJ _ . 207-15 SHY iOF4 . _____-- ------.-- - ___--- PARK \. -. •. — .- • • \ - I m o rm I-4€LTER COVE (ovs ENO) eRIST_ VILLAS Z 1XC19-42143 _Ci(E.51-lr2) :rJZ SAN OtEC.O COUNTY EINS NAP d 207 PS IS SI4TIOF4 MOPPED ON Asstsw1*r PURPOUlS ONLY CHANGES K 9JNEWBLKI L .Y 32 ti 7 zs -"4i8Z j4i7 -28 - - - ,7939 - 7 11011 MAP 8139 -CARLSBAD TOT NO. 73-52 HAP 7930 - CARLSBAD TCI NO.72-14 - LOT I HAP 7776 - CARLSBAD TCT NO.71-7 - LOT I HAP 7730 - CARLSBAD TCT NO 72-16 - LOT I 0.5-SAC - 73 N . - * COOcOs 0RIIO3. cCLE--\ I — •.4- ,3, COC 73. 307*7 \ 7. \ C. "< ': SE-iT 2 O.&'SC - -1 SEA SHY 3 \Y DA1ri. • \ - ;,_ \ • 74 ' • -i" 'I 7S-.d3;3 SHT -i. — AP 7229 - CARLSBAD TCT NO. 71-6 ....L) MAP 7070 - CARLSBAD TCT NO. 71-1 - LOT I HAP 5162 - SHELTERCOVE - LOTS 1 -13.18-74 -O PUS 6R3 St FALl BROOK -71 • CAMP PENOLETCA U.S..c. PALA OAK GROVE , - 8ORSAL(. VALLEY WARNFR VALLEY CENTER RINCON SPRINGS OCEANSILT BURRUIO Dixon A (A (AN 76 CARLSbAD -AOCOS LSCODIDO c WohiTopO LA Sothp(..nj COSTA L,bo EI C5)TILIO If LICADIA o co N SANTA YSABEL ENCIIIAS - JULIAN CARDIFF BY IRE SEA SOLADA BEACH RANCA) SANTA FE Ldke RJVIOHA TA NANCY SERNARPO P0,y DEL MAR PENASOUT SOS MIRA MESA CUVAMACA //I//f NASATIRA)GR r ClC.p mCd 0 ' ' IA JOUA, -1 LAKESIDE _- 0 SANT EE C_4 A PACIFIC T LAN. DESCANSO L> CAI 1-8 ECH - Z ALPINE PINE S VALLEY Z MISSION BEACH CIfJDN Lo,-Ind SP SA LEMN OCEAN BEACH (ROVE 94 ir AIRPO°T SAN DIEGO JAMjUL A.A;rett K. ggl , POINT COMA / COROfl -: RATIONAl It upp- ciry (I Otkay DULZARA RORENA VILLAGE BOULEVARD / NOR I TA ; POTRERO AC .thA IMpERIAL BEACII , TECATE SARI YSI000 -- sl~ MAP C"41 Fl 1.4 IL T DRI _LA_ H COME S. 5r- 78 'i" ----: 4 COS, sit Oe p 51,,xt v. tALAVER41 12 JAKE rn in cL in to cn _ 2 / I 8(5. . \(' \ I I I c 4 co FCauU gjOIjVL2A S . S ell ,1€r fte' r ing return to: eity EL 'sbad uS. 1200 Eli Ave. Carlsbad, CA 9200 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this31st day of JULY 19 80_ by and between CAPE BRISTOL COND0L[NIUMS (name of developer-owner) - - a PARTNERSHIP hereinafter referred to as (Corporation, partnership, etc.) "Developer", whose address is 2626 EAST (ARVEY (street) TES]'_COVINA,CA91791_, and THE CITY OF (City, state, zip 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 I T N E S SETH: 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 the boundaries of City; and WHEREAS, Developer proposes a development project as follows:. -. 15 UNIT CONDOMINIUM PROJECT - •• on said Property, which development carries the proposed name of CAPE BRISTOL CONDOMINIUMS and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the 6th day of AUGUST 1960, with the City a request for PLAN CHECK _AND _SEWER ALLOCATION (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, dated August 29, 1979, on file with the City Clerk and incorporated by this reference, 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 -ieeds 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 . 4. 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 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 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 building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid priorto 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 to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prir to the use or occupancy for .which 3 . the development is intended. Developer shall pay to City a public facilities fee in the sum of $1,150 for each mobilehome space to be constructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the 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 20.44 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 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 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 agree- Such ment. 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 4 . .. 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 td 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 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 gi'ven to Developer by personal delivery thereof to Developer or by depositing the same in the United States 5 . Nail, 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 binding upon and shall inure to the benefit of, and shall apply to, the respective successors and asigns 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. When the obligations of this agreement have been satisfied, City shall record a release. I/I I. IN WITNESS WHEREOF, this agreement is executed in San Diego County California as of the date first written above. DEVELOI;J_OR: CITY OF CARLSBAD, a municipal corporation of the State of California CAPE BRISTOL CONDOMINIUMS By By AUTHORIZED PARTNER (Title) By City Manager (Title) ATTEST: -- ALETHA PJUTENKRANZ, City Clerk APPROVj;) AS TO FORM: VINCE1,111 ITThIONDO, JR., City ALLorney (NotarL1 acknowledgement of execution by DEVELOPER-OWNER must be att4t(.JQd) 7. a O 1944 CA (8-74) TIT%-E INSURANCE ç (Individual) AND TRUST STATE OF CALIFORNIA COUNTY OF -ORANGE I SS. ATICOR COMPANY on _August 7 _1980 _before -me, the undersigned, a Notary Public in and for said State, personally appeared_PENNP.THAYER 'U Ir 'U X , known to me 'U f to be the person whose name_iSsubscribed ____________ OFFICIAL SEAL executed the same. .1 EMILY J. SPARKS NOTARY to the within instrument and acknowledged that he PlJLc CAUFORuLi, 4,. WITNESS my hand and official seal. - PRINCIpAL OFFICE IN I ORANGE COUNTY I My Commission Exp. Dec. 9, 1983 I Signature Q Emil p a s (This area for official notarial seal) $ -s .. J,p - -'U,, - - September 18, 1979 TO WHOM IT MAY CONCERN: 11E HEREBY AtJffiORIZE JANIS LIBUSE TO REPRESENT OUR JOINT VENTURE REGARDING SEWER APPLICATIONS AND CITY AND STATE PROCESSING. CAPE BRISTOL CONDJNINIUMS BY: --- - AM P., PARMR California Contractors Lie. #373377 • Arizona Contractors Lic. #49573 • California Real Estate Brokers Lic. #769167 411 4ICarlsbad Unified School District 801 Pine Avenue, Carlsbad, California 92008 729-9291 "Excellence In Education" BOARD OF TRUSTEES THOMAS L. CURTIN, M.D. President JOHN J.MAMAUX March 31, 1982 Vice President JULIANNE L. NYGMRD Clerk W. ALLAN KELLY Ms. Mary Marcus, Chairperson Member and Members of the Planning Commission City of Carlsbad J. EDWARD SWITZER, JR. 1200 Elm Avenue Member Carlsbad, California 92008 DISTRICT ADMINISTRATION Attention: James C. Hagaman, City Planning Director PHILIP GRIGNON, Ed.D. District Superintendent Dear Commi ssi oners: RICHARD BREEN Reference: Cape Bristol Condominiums Maintenance/Operations 15 units MICHAEL J. HANCSARIK Southeast end of Cove Drive Informational Systems SUSAN H. LARGEN We have received a Notice of Default and Election to Sell under Instructional Services Deed of Trust pertaining to the above property. We understand that 15 building permits were issued in August of 19.81 but that no construction has commenced. In view of the above information, please consider our letter revoked which was dated August 7, 1980 assuring you that school facilities would be available concurrent with need for this pro- ject. Should any future plans for development be made, it will once again be necessary for the owner/developer to enter into a secured agreement with the School District. Very truly yours, __~_ I I, %. 400 K;~~T Philip Grignon, Ed.D. District Superintendent aw cc Carlsbad City Building Department Cape Bristol Condominiums Attention: Penn Thayer RECEIVED PR 02 19R CITY OF CARLSBAD Planning Depa" 'ent 0 _J ©© ffi? 001 pine avenue corlsbad,california 92000 729-9291 August 7, 1980 Reference: Cape Bristol Condominiums 15 Units Southeast end of Cove Drive Mr. Edwin Schick, Jr., Chairman and Members of the Planning Commission City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Attention: Mr. James C. Hagaman, City Planning Director Gentlemen: Our district has reviewed the proposed 15-unit condominium project generally located at the southeast end of Cove Drive as referenced above and has evaluated the impact of that development on the facilities of this district. The governing board wishes to advise the city officials and the residents of Carlsbad that as residential units are added to the community, it is likely that many classes in the district will be crowded, resulting in possible impairment to the educational and transportational services offered to the students. It is also likely that school schedules may have to be changed, resulting in an increase in the year-round program, or double sessions, or both. However, the district is able to assure you that school physical facilities will be available concurrent with need for this develop- ment as it is presently proposed. Very truly yours Robert A. C wford District Superintenden aw cc Cape Bristol Condominiums ROBERT A. CRAWFORD DISTRICT SUPERINTENDENT BOARD OF EDUCATION THOMAS L. CURTIN, M.D. W. ALLAN KELLY JOHN J. MAMAUX RICHARD R. O'NEIL, M.D. MARY A. SCHERR •o Exhibit ACCOUNT PARK AREA 4 4 ACCT. NO. 65-26-4 SHEET NO. 1 QESCRPTON DATE REFERENCE CHARGES CREDITS PREVIOUS BALANCE BALANCE r CK43477358 7 JUL I 0T- .fo6f' - 51E~-50- 9.2l7.8 -' GJV # 13 JUL 12 669.05/ 9,247 .89+ 8,578.84 01<3 # 3598 — 3688 AUG 512. 1,500.001 8,578.844p, 7,07822+ CR 44 - 52 SEE' 512 . 369.79' 7,078.8k 7,448.63 OR # 83 - 92 NOV 5111) 1,228.73's 7,448,63 8,677.36 OR # ,83 - 92 NOV 512 200.001 . 8,677.36 .8,877.36 OR # 103 - 113 DEC\12 - 312.2+5 8877.36 9,189.81 pi i6?' I / ii 7 OR # 343 - 352 . FEe 1513 91881 I OR # 226 - 236 JUN 513 Z545.65 25,632.982,178.6 CR # 237 - 246 JUN 0,13 38657 28,178.63c28,565.2C OR # 237 - 246 JUN013 97.97 28,565.20 '5 28,663.0 10 - 23 a 7.70d0 -28.663.07 3&,3ô8.07 CR#33-4 AUG313 607.2+7 36.368.07p. 36,9755L CNS # 7302 - 74.54 SEP\j513 L.'- '4" 22+50.00 36,975.54 ,;> 32+5255 c;<s # 755 - 7601 '7 SEPO13 -" 19,492+.49 2136.2+6 32+,52552+ 15,031.05 17,167. SF # 2 jc'?l SEPO13 OR 4 63 -'72 oCT15130P-""" 6,832.98 17,167.712Z,0006c GJV # 35 OCT513P4r -" 12.&32+.05 2k,000.6936,63k.7! GJV # 39 . i's k6k.83 363k.7k37,0995 CKS 8044 - 8204 HOV313 —l e ,2';' 1709.41 37,09937 24,39Q.1 CR # 105 — 314 DEC\13 -i 176553 26.39O.16+28155.6 CKS # 8205 8350 DEC513- 37.84 28,155.69 28,117.8 CKS 8351 — 8523 DECIZIII 4.283.68 1 28117.8523,834.1 GJV 301 '' FEB51t tr,-j 131+.35 2383k.17 23,9685 CR 165 — 175 M4R¼51tH 3,21150 23.968.52 27,180.0 OKS # 9210 — 9404 1,814.09 1 27,180.02 25,365.9 CR 176 - 185 10,249.47 25,365.9346 35,615.4 C 4 397 — 207 APR 0 14 C-- " 2,373.23 35,615.2+0 37,93.6 CR 230 — 239 Jim 365.1.5 37,993.63b38,858,7 c- IN # 382 . 'f' 2639.01 38,85838>k1.2+97.7 NC, STD. FORM 713902 (WHIT 713914 (9UFF 713928(G R, TI 713931 (PIN,() LEDGER (BLUE-) r f T Y •s.i- rFo L. I cT I NJG 'Y Ut,JECT i/3 1/79 1 Exhibit H nCC'-S'IIT is I PF.SCW I PT I OJ - - - - . -- - - AMOUNT BUO:iET AOJ • ENC')MIIs 'JCES EXPENDI lURES SISFI 'C'i-'s ,4q)j)r.9 E %1NSLOW-AVEI'11JA FI)CTNA - DEPOSIT 0.00 0.00 0.00 39071.70 - 3,s171 .70 0.0 1s l6t.7O?..,)61q E T' P.?-IR.F KLIJG I ORIGr.s DEPOSIT - 0,00 0.00 - . ,j9fl7_ 2 1 60 7 0.1)0 Th65-7 51 3-0519 E TR 7?-?1E TANGLEWODI) - DEPOSIT 0.00 0.00 0.00 31,76.73- 3I,67(.7 003 '65-705-05)9 F PS is 173 (SWANI) Sc LAGUNA - DEPOSIT 0.00 0.00 - 0.00 0.00 0.00 0.00 F CT 71-';,p TsFS VEDDE ')EPOSIT 0,00 08 - - 1 ..Do 77.00- 77.510 0.00 •(,9-?o;'-''pQ F PACIFIC SCFsE 03 - DEPOSIT 0.00 0.1)0 0.00 11,015.00- 1I,01.')0 . 0011 •;6709-O'S)') F CT 7?-?S ALICANTI HILLS 41- DEPOSIT 0.00 0.00 0,00 690611.41- 611160.41 0.0 1 j.6 1;.7151.$)sI9 E HE flt.lRROOK41 ryp5j (Y. 66 ------.--.. - - - - - ........i;o 6900- - ,00.00 0.00 69-71I-019 E CT 7?-6 tcOLI.ECS COVE OF? - DEPOSIT 0.00 0.00 0.00 935,00- 43.o0 0.05) -fl7_nc)9 F CT 13-7 LA (')' s)C MAR ISfLLA-DEPOSIT 0,00 0.00 0.00 4691)5) 4 6 t) . Ot Ll iirs 6c7 )rs;1 11 F CT 73 -2) )Sv3p, -L A Ill OS-DEPOS IT .... 0 .00 O • 00 0.00 27 • (}0 P o;l. • (5 Os' • 64_714_0r,19 ,,.6S-7.l6-o619 F E CT CT 72-13 PAI)At,4y() - DEPOSIT 73-? CHAD LAKE COMM - DEPOSIT 0,00 0.00 0.00 0.00 0.00 0.00 25,006.01.- 9,619.11?- p4 ,f50'.H1 '1,6p,.02 0,1i3 1)) -717-n10 F CT 73-55 PAC WEST TAMcJEFF DEPOS1T 000 -. 0.00 0,Oo 27.00- 27.00 0.00 i,:(5-71A-05J9 61-71)n519 F F CT CT 71-6 COST's VERDE BYE - DEPOSIT 7?-Q LA COSTA VALE #3 - DEPOSIT 0.00 0 .1)0 0.01) 0.00 -. 0.00 77.00- 77.00 0.00 , 0.00 159573.12- 35,573,17 0.0'. A5.-7?0-nSlR E CT 73-45 LORIs L4GUJNA152 DEPOSIT 0.00 0.00 0.00 -----u-. WT- 1.00 0.00 61;-7-rs)9 F CI 73-36 EL CABINS) PORTALS- DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.00 7?06I9 E CT 7335 HOMERIA LA COS AV- DEPOSIT 0.00 0.00 0.00 312.00- 31?.1)fl 0.00 F CT 73-51 KESSLER 010R)LTAR DEPOSIT O.00 000 0.1)0 60.00- 50,00 0,00 ,65-7?k-fl6)9 F CT 73-20 SPAN VILLAGE i? - DEPOSIT 0.00 0.00 0.1)0 ),1100.00- I,ssOO.0O 0.11,) F CT 71-58 OCCIOFS-ITAL St-WFR - DEPOSIT 0.00 0 •1)r) 0.00 fl118.00 1)9'.(10 0.00 -7(.rsI19 F CT 7?-34 AYRES LA C0S.ECR- DEPOSIT 0.00 0.00 - 0.00 69,291.92- 699?91.1)? fl,,)7 6S-7 2 7-nS19 F Cl 71-12 GRAY .iFHEZ,G!8i)AL-DEPO5IT 0.00 1 •111) 0.00 5000- 1;0.00 0.1)1) F CT 73-28 HOPS GJRRAL$.ROM- DEPOSIT 0.00 0.00 0.00 • 50,00- 5(5.00 0,0 () 66-721-11519 F CT 74- ZTMt-5ERMJN.DEPnS1T -. 0.00 0.00 - 0,00 ?73.110 ?73.4 0 0.')O A5-71flflS)9 E PS ?47 - CARL'S JO - DEPOSIT 0.00 0,1)0 0.00 121,76- 13.i6 0.ss0 6C7)_oC.19 F CT 73-13 THOMPSON WALNUT - DEPOSIT 0.00 (1.00 0.()0 227.01)- ?,'(nn 0,1)1) 6571-.n51') F ALGA GLENS FILL SITE MTCF-DEPOSIT 0.00 0.00 0.00 1,000.00- 1.000.00 0.00 F CT 73-18 RHO DEL I'ONI) iii- DEPOSIT , 65-711-0511 0,00 0 1 00 fl.00 129061.653- )2,051.'.5) 0.05 I.,6573S_0519 F CT 71-23 HESrER ('AS DEL NOR-DEPOSIT 0.00 0,00 11.00 199194,I6- 151194.16 0.11? Is5.73,-.fl559 F CT 73-)9SPTIlNA}(EflHILLS1J).-OEpO5If 0.00 • 0.Oli 0.1)0 171115.60- 17,115.60 0.07 .-.Isc-737-)5)9 F LAKFSHORE GARDENS - DEPOSIT 001)0 0,01) 0.00 14,000.00- 14,1100.00 0,45) 65-7 lq-nS 19 .65-741)-oc)9 F F CT CT 74-2? PAPAG4YO - DEPOSIT 75-4 CA "COS EST ESU DEPO~l 0.00 q 06 0.00 0.00 J•Of1 175.00- 375.011 0.05) " ..Is6-7 1 I-05I9 F CT7I-?9 CAFIRILL() EST #1 - DEPOSIT 0.01) 0.00 0,00 21,267.14- I,262.)4 0.0? 65-742-05)9 Is5-741-.flSj9 F F C PS 73-18 RHO DEL POND #3 - DEPOSIT is 24ST0NE 1FPO1T 0.00 0,00 0.00 0•b0 0.00 O. 66 129974.96- 1?,974.5 (I.1)) 8777 0.0) -744-o519 F CT 73-18 R'l() DEL PONt) #4 - DEPOSIT 0.00 0.00 0.00 159567.94- 15,667.94 0.02 C CT 73-10 RHO DEL Po'4r) #6 - DEPOSIT 0.00 0.01) 0.00 109924.94- 101924.99 0.01 :.165-746fl619 F CT 75-6ALICANTE HILLS.OEPUSIT 0.00 • 0.00 - 0.00 - 2,419.00- 0.1)5) 1.i66-741-.nS19 F 1.16 Is 275 JOHNSTON KNOWLES - DEPOSIT 0,00 0.00 0.1)0 60.00- 50,0fl 0.01) - ,.t-,.-..........-.---- -,.•--.•. - .................................................