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HomeMy WebLinkAboutCP 286; CANTIL ST CONDO CONVERSION; Condo Permit (CP)P P L I C A'Y I (,,r: BEQUEST o Zone Change 0 Minor Redevelopment Permit 0 General Plan Airtendment 0 Precise Development Plan OTentative Tract Map 0 Specific Plan DPlanned Unit Development DSite Development Plan OMajor Condominium Permit nor Condominium Permit 0 conditional Use Permit Ovariance DMaster Plan DPlanning Commission Determination DMajor Condominium conversion 0 Special Use Permit DMajor Redevelopment Permit DAdministrative Variance (check other boxes if appropriate) complete Description of Project (attach additional sheets if necessary) c/Xf/ 7S - Location of Project ,7Z I 47 Z 3 (,4,zLs$4JD tLegal Description (complete) LOT a7 o A- 'MA-f ° 90S T_ ssessors Parcel Number Zone 1 GeneralPlan Existing Land Use Proposed Zone Proposed General Plan Site Acreage -_ _L____- a7so 5, - Owner Applicant ame (Print or Type) 3,4/(l 3W€ 1A(.)It( 6.A,e(L- Name (Print or Type) /1 ? ANI Qet' opglEN T NTI1ng Address Mailing Address P.o.8 0 139 . ,Sctwfo ,c. City and State Zip Telephone £0 . ,4i 13#A-CH - City and State Zip Telephone 9202 5 7I/33 I CEN2IFY THAT I AM THE LEGPL OWNER AND I CERTI F THTJM THE OWNER'S REPRESEN'TATIJE Th2T ALL THE ABOVE INFORMATION IS TBUE AND CORRECT TO THE ST OF MY KNOWLEDGE. ISIGNATU DATE AND T[ThT ALi'j ABOVE IN)1ATION IS TRUE AND co IO THE B MY KNOWLEDGE. URE DATE late c Reces-ved BV Ap. icaiion "e, c d L: __ NA 1p IZA ( - - CITY OF CARLSBAD APPLICATION FOR APPROVAL OF A TENTATIVE PARCEL MAP FOR A MINOR SUBIDIVISION OFLAND-(INrO k OR LESS PARCELS) AS PROVIDED FOR IN CHAPTER 20.24 OF THE CARLSBAD MUNICIPAL CODE FILING FEE: ­$300.00 FILING FEE RECEIPT NO. 337t TO THE CITY ENGINEER OF THE CITY OF CARLSBAD: • MINOR SUBDIVISION NO S 46 = (for 6f ice us-_--" DATE I. Request is hereby made for approval of Tentative Parcel Map of Minor Subdivision No._ Tots, of 7S 0 5F' gross t., having ots, being a proposed subdivision of land for property described as ion) e;07 ~0 26 7 o,c z, generally located on the (North, South, East cW) - side of CAA/ T//_ between com (Name of Street) • (Name of Street) and (Name of Street ASSESSORS PARCEL NO TYPE OF SUBDIVISION- fiESO,r,4 (Residentia', Commercial, industrial) Are the existing or proposed parcels or lots In this minor subdivision subject to other discretionary approval (for example, a variance or cor ditional use permit)? Yes _ No 4116 December 1983 If after , the information you have submitted has been reviewed, it is determined that further information required, you will be so adv -' -edV 4 APPLICANT: P/4flTNE1L14IP Name (individual, partnership, joint venture, corporation, syndication) RD. &IX 1990L/4AIR 5E/-TC4i (74L. Business Address V • V I92 S V V V V • V V V Telephone Number V V AGENT: DEVELOPMENT-- V Name V V V V V• _IS2ESCON51LJD13LE0/VD/LJ __ V Business Address .• • .: . -74P D53-3 V V V V VV V • V V • •• V V V Telephone Number P. Bff 13O9 V V V V V SL LIFE • V V V V ULA/((A 8I4C14j V V V V Name (individual, partner, joint home Address V V V venture, corporation syndication) V V V V Business Address • V V Telephone Number Telephone Number V V V 13OX. /39 f5N4WA113/4RR51114 V 5OLI/JF+ 8r/4aloqL. Y'Lma V . Home Address Business Address • V V Telephone Number V V Telephone Number (Attach more sheets if necessary) •V V 1/We declare under penalty of perjury that the information contained 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 iritil amended. - Appi . . 0 EXHIBIT "A" LEGAL DESCRIPTION Lot 267 of LA COSTA NESDOWS UNIT NO. 2, in the City of Carlsbad, County of San Diego, State of California, according to Nap thereof No. 6905, filed in the Office of the County Recorder of San Diego County, April 21,1971. . . CD SAFECO TITLE INSURANCE COMPANY PRELIMINARY PARCEL MAP REPORT H & L DEVELOPMENT 1525 S. Escondido Blvd. Escondido, CA 92025 Attn: Harold Lants No. S-6 1 1889 Subdivision: Parcel Map Dated: December 20, 1983 as of 7:30 A.M. For the benefit of the County of San Diego, any City within which the subdivision is located, the Subdivider and the Subdivider's Registered Civil Engineer or Licensed Land Surveyor. A preliminary examination of those public records which, under the recording laws, impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on a map of the above referenced subdivision received on , by SAFECO Title Insurance Company, herein called the Company, discloses that, at the date hereof, the only parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the map of said subdivision to be filed with the County Recorder of said County are set forth in Schedule A. This report is furnished as an accommodation, for the sole purpose of preliminary planning and facilitating the compliance with requirements necessary for the issuance of a Subdivision Guarantee. It is understood that the Company's liability is solely that expressed in such Guarantee, and that no liability separate from or other than the Company's liability under said Guarantee is assumed by this Report, except that if no Guarantee is issued under this Order the amount paid for this Report shall be the maximum liability of the Company. PRELIMINARY SUBDIVISION REPOF P-286 (G.S.) 03 SAFECO . . 0 SAFECO TITLE INSURANCE COMPANY PRELIMINARY PARCEL MAP REPORT-SCHEDULE A No. S-641889 Subdivision: Parcel Map Dated: December 20 1983as of 7:30 A.M. The map hereinbefore referred to is a proposed subdivision of: Lot 267 of LA COSTA MEADOWS UNIT NO. 2, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 6905, filed in the Office of the County Recorder of San Diego County, April 21, 1971. The parties hereinbefore referred to are: VESTING: F. SHAWN BARRERA, an unmarried man as to an undivided one half interest and BARRY J. BLUE, a single man as to an undivided one half interest as tenants in common EXCEPTIONS: 1. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 1983-1984. 1st Installment: 2nd Installment: Cost: NONE Exemption: Code Area: Assessment No.: $984.67 Paid $984.67 Open $NONE $NONE 9053 215-320-01 lA. The Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Senate Bill No. 813 (1983) of the State of California. 2. Covenants, conditions and restrictions (deleting therefrom any restrictions based on race, color or creed) as set forth in the document Recorded: May 6, 1971 as File No. 93263 of Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. SAFECO S . Order No. S-641889 EXCEPTIONS Page 2 3. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: $144,000.00 Dated: March 2, 1983 Trustor: F. SHAWN BARRERA, an unmarried man and BARRY J. BLUE, a single man Trustee: SERRANO RECONVEYANCE COMPANY, a California corporation Beneficiary: HOME SAVINGS OF AMERICA, a Federal Savings and Loan Association Recorded: March 7, 1982 as File No. 82-070800 of Official Records 4. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: $18,000.00 Dated: January 13, 1983 Trustor: F. SHAWN BARRERA, an unmarried man and BARRY S. BLUE, a single man Trustee: SHEARSON/ANERICAN EXPRESS TRUST DEED SERVICES, INC., a California corporation Beneficiary: BINKERT & KAYE INVESTMENTS, INC., a California corporation Recorded: March 7, 1983 as File No. 83-070801 of Official Records 0 SAFECO RECORDING REQUESTED BY A0 ) . WHEN RECORDED MAIL TO: ) ) CITY OF CARLSBAD ) 1200 Elm Avenue ) Carlsbad, California 92008 ) Space above this line for Recorders use Documentary transfer tax: $ No fee Signature of declarant determining tax-firm name City of Carlsbad Parcel No. 2/JJ 2-0 O/ AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENTOFAPUBLICFACILITIESFEE THIS AGREEMENT is entered into this 34 day 0f1IIL , 19 by and between W (name of developer-owner) a ~Q =LZ ~ J",4,2,=-D - hereinafter referred to as -(COcI01Ofl, par t nership, etc.) "Developer" whose address is (street Ci A G. ity, state, zip code) and THE CITY OF 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 S E T H: 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: REV 4-2-82 on said Property, whic•development carries the PrPosed name of and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the day of 19, with the City a request for 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 April 2, 1982, in 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 to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. -2- REV 4-2-82 NOW, THEREFORE,• consideration of the reals 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 building 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 development 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. Developer shall pay a fee for conversion o f existing building 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 to 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 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. -3- REV 4-2-82 . . 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 agreement. 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 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. REV 4-2-82 6. All obligatio•hereunder shall terminatn 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 of 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 given to Developer by personal delivery thereof to Developer or by depositing the same in the United States 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 in the Property. When the obligations of this agreement have been satisfied, City shall record a release. -5- REV 4-2-82 . IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: / (n am y y[,<) BY-7 ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney 'OiVIDUAL) STATE OF CALIFORNIA - COUNTY OF St'-' I6 Itc SS. /I On ggy 46 before me, the under- signed, a Notary Public in and for said County and State, personally appeared J. ALL#9 f is. 4 CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager FOR NOTARY SEAL OR STAMP personally mown to me (or proved to me on the basis of satisfactory evidence) to be the person so name that ______executed d d officia owls ins same. WI )y Name (Typed or Printed) Crmy CASE.: Qf2 ,6 DATE RECEIVED: ?L/Cg7L APPLICANT:(LJ J REQUEST: ( 72/ (,7z 7I4L EXEMPT OR EXCEPTED:___________________________ Posted: Prior Compliance:_ Filed: NEGATIVE DECLARATICN:___________________________ Posted: Published:________ ENVIRONMENTAL IMPACT RORT:___________ Notice of Notice of Preparation: Canpietion: Published:_________ Filed: Notice of Detennination: Notice of Detennination:_________ PLANNING ctwissia 1. Date of Hearing:_________________________ 2. Publication:_____________________________ 3. Notice to Property C4iners:________________ 4. Resolution No.__________________________ (Continued to:_________________________ 5. Appeal: CITYCOUNCIL 1. Date of Hearing:______________________ 2. Notices to City Clerk:__________________ 3. Agenda Bill:_____________________________ 4. Resolution No.__________________________ 5. Ordinance No.____________________________ Date: Date: Date:_______ ACTION:______ CORRESPONDENCE Staff Report to Applicant:___________________ Resolution to Applicant:_____________________