HomeMy WebLinkAboutCP 197; ROOSEVELT ST ASSOC; Condo Permit (CP):5
P
I!!
APPLI .CATI
REciJEST
. 0 Zone c2-iange 0 Precise Deve1onent Plan
0 Getieral Plan Amenduvent. 0 Specific Plan
0 Tentative Tract Nap Mite Develotent Plan
[3 Planned Unit Development 0 Conditional Use Permit
£1 Major Condominium Permit D Variance
inor Condcxninium Permit 0 Planning Ccxtimission Determination
Master Plan . 13 Special Use Permit
. . . : t : :D:Major Condau±nium Conversion : •.:..::'. : :: : : • . : : • : : : : : : : : : : . .
Conlete Description of project (attach additional sheetsifnecessary)
To convert an
condomi.ni.uni.. .
Location of Project
3138 Roosevelt Street, Car1sbad CA 92008 _
Legal Description (complete)
Lots 1O,.jj, 12, n J.' ilOcIc 40 liL LaARL5BJD in th i t.
Carlsbad, County of San Diego, State of California, according to Map thereof. No.. 535,
recorded in the Office of the
J issessors Parcel Ner
....................... :::.::: 204_084_l3.,l4:,:&.l5
Existing Land Use Zone General Plan
CaD Commercial Office Building C-2
Proposed Zone Proposed General Plan Site Acreage
C-2 N/A - .i. 14,000 sq.ft.
'Owner '
Name (Print or Type) Name. (Print or Type)
Jeffrey Blankenship & Susan J. Blankenship- Jean Jensen
Thomas H. Alexander land Planners . .
Mailing Address Mailing Address,
3138 Roosevelt Street, . . . 3138 Roosevelt Street 438-0178/4341051
City and State Zip Telephone City and State - Zip Telephone
Carlsbad, CA 92008 Carlsbad, CA 92008
I CERTIFY THAT I 2M THE lEGAL OWNER AND ICERnIJ]?Y TflAT lAM TRE a@NER S REPRESENTIVE
THAT ALL THE ABOVE INFOPNATION IS TRUE ¶JAT A ¶LHE AB(YSTE ThIFOREION IS TRUE
AND CORRECT ¶10 THE BEST OF MY MOMEDGE
SIGNATURE DATE .
Date pp c3taon B.ceived Staff Assnd Case Number k'. - )
-
If after the information you have submitted has been reviewed, it is determined
that further inforxnatior required, you will be so aed.
APPLICANT: Roosevelt Street Associates (A California Limited Partnership)
Name (individual, partnership,. joint venture, corporation, syndication)
3138 Roosevelt Street, Carlsbad, CA 92008
Business Address
434-1051
• Telephone Number • -
Jean Jensen
ENT - Land Planners
• Name
3138 Roosevelt Street
Carlsbad, CA 92008
Business Address
(714) 434-1051 438-0178. :
Telephone Number - • -
Jeff Blankenship and Susan Blankenship 3811 Alder St., Carlsbad, CA 92008
Tan Alexander, -General - Partners 10389 Avenida Magriifica, S.D. ,CA 92101
Name '(individual, partner, joint Home Address
venture, corporation, syndication)
(ALL) 3138 Roosevelt Street, Carlsbad, CA 92008
Business Address
(714) 434-1051 & 434-4074 (ALL)
Telephone Number Telephone Number
(PARINERSHIP AGREEMENT HAS BEEN ATTACHED - GENERAL PARTNERS HAVE SIGNED)_
- Home Address
Business Address
• -: - - Telephone Number • Telephone Number
I •- - -
(Attach more more sheets if necessary)
I/c4e decla±e under penalty of perjury that the information contained in this dis-
closure is true and correct and that it will remain true and correct andmay be
..relied upon .as being true and correct unti
7WD P
BY
- -. • -
• Agen - - •
. S
EXHIBIT
LEGAL DESCRIPTION
Lots 10, 11, 12, and 13 in Block 40 of the TOWNSITE OF CARLSBAD, in the City
of Carlsbad, County of San Diego, State of California, according to Map thereof
No. 535, recorded in the Office of the County Récorderóf San Diego County,
May 2, 1888.
vter recoroing return to:
City. Carlsbad
1200 Elm Ave.
Carlsbad, CA 92008
AGREEMENT BETWEEN DEVELOPER—OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 8th day of October
Co /~,( -
19 81 , by and between Roosevelt Street Associates, a Limited Partnership
By: Jeffrey Blankenship, Susan J. Blankenship, and Thomas H. Alexander, General Partner
(name of developer-owner)
• aPartnership ,hereinafter referred to as
(Corporation, partnership, etc.)
"Developer", whose address is 3138 Roosevelt Street,
(street)
Carlsbad, CA 92008 , .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. -I
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 the boundaries of City;
and
WHEREAS, Developer proposes a development project as follows:
To convert an existing nine unit commercial office building into a- four unit
office condominium.
cP- (c\1
on said Property, which development carries the proposed name
of Roosevelt Street Office Condominiums
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the day of
19 , with. the City a request for Minor Condominium Permit and
Parcel Map C.. ?
(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
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 services and facilities; and, therefore, Developer proposes
2.
S
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 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 rnobilehome sites or
projects, shall not refer to grading permits or other permits for
the construction of underground or street improvements unless no
otherpermit is necessary prior 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-
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.
S
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 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.
a
6. All obligations hereunder shall terminate in the event
the Requests made by Developer are no:-- approved.
a
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
Nail, 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 given to Developer by personal delivery
thereof to Developer or by depositing the same in the United States
5.
. S
Mail, 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
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. When the obligations
of this agreenent have been satisfied, City shall record a release.
6
. .
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as. of the date first written above.
DEVELOPER—OWNER: CITY OF CARLSBAD, a municipal -
Roosevelt Street Associates corporation of the State of California
Alexander H. Al Thomas -
(Name)
'
- By
City Manager Partner
ATTEST:
ALETHA L. PAUTENKRANZ, City Clerk
• APPROVED AS TO FORM:
-= .ttr_Zt-. • -zr--n r-. tt-•.- rrtLt:Ltr?Z'zZ tr
STATE OF CALIFORNIA, -
San Diego SS.
COUNTY OF
- October 8 81
_______
,1L__,
before me, the undersigned, a Notary Public in and for said State, personally appeared
JcffrcyB18n1cn3hiP known to me,
to be one of the partners of the partnership that executed the within Instrument, and acknowl-
edged to me that such partnership executed the same. S
'F~04 SEAL
S
WITNESS my hand and official seal.
Nota ry Pub
AoKNowLEDGMENT—patnershIp—woIcofts Form 23-3 -
Public in and for said State.
Votary Public in and for said State./'
ACKNOWLEDGMENT—Pa rtne rswp—Wo otts Form 236—Re 3-64
S
1L..
'Jr
I - ----- - - -,
1ZI ;'I i ''I •'i
(/1E7 \ (PJ
:;
•.
\k1A7c477ON t/N6 ____ ::
. :.'
,C2,t't C4'A5 I
'COW. INN Y - --
_ c_) -
dol L A .1
/f0' ( (F -
AlE,VS '5W (/2/ s
fl'0,1EN ié5T7M(/G? SQ. PT)
EFfO7
1/A/IT 4
o3e 5c7
572
5'141125'E 4c
5111P5
iF tQO3
1/NIT 3
73Z8 SQ T
FLOOKPLAN
5ECOND,'ZX7A'
5c4LE: /2O'
II
2
3
4
5
I
2 1 .
-it
3
A.
JE
LM
6:
P_. SEE MAP
B c £ F1
I 11-
MIX • , , ' •
10
I A
I. - .........- - •-. - . .. - .- -•
IIJ\ ' wv
I LU( I S '11 ,ff FLOM ur II
\ •
f.1 LM Pi
46r/42f e_5C2A1 57
Lo Cosio
ku
,aItb
4i449A5cw 5!
•P1f'OJëCT S'T6 •.
__ OO57
r-1e z. I Se P
..
6 V ,WA/'
NO 5CAE
AF c o