HomeMy WebLinkAboutCP 94-01A; Poinsettia Shores PA B-1; Condo Permit (CP)CITY OF CARLSBAD
LAND USE REVIEW APPLICATION FOR PAGE 1 OF 2
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(FOR DEFT
USE ONLY)
1 Master Plan
| | Specific Plan
[ | Precise Development Plan
| [ Tentative Tract Map
[""[ Planned Development Permit
| | Non-Residential Planned Development
[Xl Condominium Permit Amendment
| [ Special Use Permit
| | Redevelopment Permit
["] Tentativo Parcel Map
Obtain from Eng. Dept
| | Administrative Variance
[ [ Administrative Permit - 2nd Dwelling Unit
[ | General Plan Amendment
| | Local Coastal Plan Amendment
|""| Site Development Plan
| | Zone Change
| [ Conditional Use Permit
| [ Hillside Development Permit
[y] Environmental Impact Assessment
| | Variance
I I Planned Industrial Permit
| | Coastal Development Permit
[~~] Planning Commission Determination
| | List any other applications not specified
(FOR DEPT
USE ONLY)
2) ASSESSOR PARCEL NO(S). 216-510-07, 216-510-08, 216-510-09 & 216-510-10
3) PROJECT NAME: Planning Area B-1
4) BRIEF DESCRIPTION OF PROJECT: 158 single-family cluster hones
5) OWNER
NAME (PRINT OR TYPE)
SEE ADDENDUM SHEETS
MAILING ADDRESS
CITY AND STATE ZIP TELEPHONE
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE
ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF
MY KNOWLEDGE.
SIGNATURE DATE
SEE ADDENDUM SHEETS
6) APPLICANT
NAME (PRINT OR TYPE
SEE ADDENDUM SHEETS
MAILING ADDRESS
CITY AND STATE ZIP TELEPHONE
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT
TO THE BEST OF MY KNOWLEDGE.
SIGNATURE DATE
SEE ADDENDUM SHEETS
7) BRIEF LEGAL DESCRIPTION:Parcels A, B, C & D of Carlsbad Minor Subdivision NO. 96-13, in the City of
Carlsbad, County of San Diego, State of California, According to Parcel Map Thereof
No. 17825, Filed in the Office of the County Recorder on February 18,1997.
NOTE: A PROPOSED iPROJECT REQUlRiNG?tHAT MULTIPLE AlJEElGAiTO^
A PROPOSED PROJECT REQUIRING:THAT ONLY ONE AOTLH3ATTON BE FILED MUST BE SUBMITTED PRIOR TO 4:00 PAl.
CITY OF CARLSBAD
LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2
8) LOCATION OF PROJECT
ON THE
BETWEEN
STREET ADDRESS
north SIDE OF Avenida Encinas
(NORTH, SOUTH EAST, WEST)(NAME OF STREET)
San Diego Northern Railroad AND Avenida Encinas
(NAME OF STREET)(NAME OF STREET)
9) LOCAL FACILITIES MANAGEMENT ZONE
10) PROPOSED NUMBER OF LOTS
13) TYPE OF SUBDIVISION
(RES/ COMM/ INDUS)
11) NUMBER OF EXISTING
RESIDENTIAL UNITS
14) PROPOSED INDUSTRIAL
OFFICE/SQUARE FOOTAGE
12) PROPOSED NUMBER OF
RESIDENTIAL UNITS
15) PROPOSED COMMERCIAL
SQUARE FOOTAGE
158
16) PERCENTAGE OF PROPOSED
PROJECT IN OPEN SPACE
19) GROSS SITE ACREAGE
22) EXISTING ZONING
17) PROPOSED INCREASE IN
AVERAGE DAILY TRAFFIC
20) EXISTING GENERAL
PLAN
23) PROPOSED ZONING
18) PROPOSED SEWER USAGE
IN EQUIVALENT DWELLING
UNITS
21) PROPOSED GENERAL PLAN
DESIGNATION
158
RM
24)IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF. PLANNING
COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS, OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE
PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE
SEE ADDENDUM SHEETS
SIGNATURE
^
FOR CITY USE ONLY
FEE COMPUTATION:RECEIVED
APPLICATION TYPE
TOTAL FEE REQUIRED
DATE FEE PAID
FEE REQUIRED
JUN 1 3 1997
CITY OF CARLSBAD
DATE
RECEIVED BY:
V.
RECEIPT NO.T
FRM0016 3/96
ADDENDU1^ TO LAND USE REVIEW APF~ ICATION
for an Amendment to CP 94-08
Planning Area B-l; Poinsettia Shores Master Plan
PARCEL A
5) OWNER 6) APPLICANT
NAME (PPJNT OR TYPE)
Watt Residential Partners
NAME (PRINT OR TYPE)
Watt Residential Partners
MAILING ADDRESS
27720 Jefferson Avenue, Suite 200
MAILING ADDRESS
27720 Jefferson Avenue, Suite 200
CITY AND STATE ZIP
Temecula, CA 92590
TELEPHONE
(909) 694-0870
CITY AND STATE ZIP
Temecula, CA 92590
TELEPHONE
(909) 694-0870
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE
ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF
MY KNOWLEDGE.
SIGNATURE DATE
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE
OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE
AND CORRECT TO THE BEST OF MY KNOWLEDGE.
DATE
24) /IN THE PROCESS OF REVIEWING THIS APPLICATION IT L/ /
Cs/ MAY BE NECESSARY FOR MEMBERS OF CITY STAFF,/ /
PLANNING COMMISSIONERS, DESIGN REVIEW BOARD, /
MEMBERS, OR CITY COUNCIL MEMBERS TO INSPECT AND
ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION. I/WE CONSENT TO ENTRY FOR THIS
PURPOSE.
PARCEL B
5) OWNER 6) APPLICANT
NAME (PRINT OR TYPE)
Carlsbad 90, LLC
NAME (PRINT OR TYPE)
Carlsbad 90, LLC
MAILING ADDRESS
408 South Stoddard Avenue
MAILING ADDRESS
408 South Stoddard Avenue
CITY AND STATE ZIP
San Bernardino, CA 92401
TELEPHONE
(909) 884-8681
CITY AND STATE ZIP
San Bernardino, CA 92401
TELEPHONE
(909) 884-8681
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE
ABOVE INFORMATION IS TBfUE AND CORRECT TO THE BEST OF
MY KNOWLEDGES
SIGNATURE
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE
OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE
AND CORRECT TO THE ^EST OF MY KNOWLEDGE.
DATE SIGNATURE DATE
24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT
MAY BE NECESSARY FOR MEMBERS OF CITY STAFF,
PLANNING COMMISSIONERS, DESIGN REVIEW BOARD
MEMBERS, OR CITY COUNCIL MEMBERS TO INSPECT AND
ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION/ /(I/WE CONSENT TO ENTRY FOR THIS
PURPOSE./
V
y
Addendum Page 1 of 2
ADDENDIP~ TO LAND USE REVIEW AP^ ICATION
for an Amendment to CP 94-08
Planning Area B-l; Poinsettia Shores Master Plan
PARCEL C
5) OWNER 6) APPLICANT
NAME (PRINT OR TYPE)
Kaiza Poinsettia Corporation
NAME (PRINT OR TYPE)
Watt Residential Partners
MAILING ADDRESS
23172 Plaza Pointe Drive, Suite 155
MAILING ADDRESS
27720 Jefferson Avenue, Suite 200
CITY AND STATE ZIP
Laguna Hills, CA 92653
TELEPHONE
(714) 598-0100
CITY AND STATE ZIP
Temecula, CA 92590
TELEPHONE
(909) 694-0870
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE
ABOVE INFORMATION IS TRl
MY KNOWLEDGE.
«@NATURE
ECT TO THE BEST OF
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE
OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE
AND CORRECT TO THE BEST OF MY KNOWLEDGE.
PLICATION IT
CITY STAFF,
BOARD
INSPECT AND
(JECT QE-IHJS
MAY BE NB
PLANNING C
MEMBERS^
PR
MTRY FOR THIS
PARCEL D
5) OWNER 6) APPLICANT
NAME (PRINT OR TYPE)
Kaiza Poinsettia Corporation
NAME (PRINT OR TYPE)
Carlsbad 90, LLC
MAILING ADDRESS
23172 Plaza Pointe Drive, Suite 155
MAILING ADDRESS
408 South Stoddard Avenue
CITY AND STATE ZIP
Laguna Hills, CA 92653
TELEPHONE
(714) 598-0100
CITY AND STATE ZIP
San Bernardino, CA 92401
TELEPHONE
(909) 884-8681
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE
ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF
MY KNOWLEDGE.
«HT- - -r:T'A'
MAY BE
PLANNIN
MEMB
ENTERv THE
APPLIC
P
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE
OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE
AND CORRECT TO iHE BEST OF MY KNOWLEDGE.
SIGNA DATE 1
24)APPLICATION IT
IRS/OF CITY STAFF,
REVIEW BOARD
TO INSPECT AND
SUBJECT OF THIS
)ENTRY-FOR THIS
y
SIGNATURE
Addendum Page 2 of 2
APPLICATION REQUIREMENTS FOR
TENTATIVE TRACT MAPS (AND REVISIONS)
TENTATIVE PARCEL MAPS.
CONDOMINIUM PERMITS
PLANNED DEVELOPMENT PERMITS (FOR RESIDENTIAL PROJECTS ONLY)
proposed project requiting that only oae application be filed must be submitted prior to 4:00 p.m.
at the same scale (use a scab no smaller than P - 40). la «Mtioa all plans shall be My dimensioned
(i.e., setbacks, height, road widili*, parking j^aces, planieis, yards,, etc,) The following materials shall be
submitted for each application except as noted in "EL OTHER REQUIREMENTS" K and L under
Property Owner's list and address labels.
I. REQUIRED PLANS (folded and delivered in complete sets)
/
A. SITE PLAN: ten (10) copies on a 24" x 36" sheet(s) folded to 8 1/2" x 11" size. Fifteen (15)
copies of the site plan shall be submitted by the applicant upon request of the project planner
prior to approval of the project. Each site plan shall contain the following information:
1. General Information:
|~| a. Name and address of owner whose property is proposed to be subdivided and the
name and address of the subdivider;
CD b. Name and address of registered civil engineer, licensed surveyor, landscape architect
or land planner who prepared the maps;
CD c. North arrow;
CD d. residential, commercial, industrial or other uses;
CD g. Tentative Map number in upper right hand comer (City to provide number at time
of application).
CD h. Number of units to be constructed when a condominium or community apartment
project is involved; Total number of lots proposed.
CD i. Name of sewer and water district providing service to the project.
CD j. Average Daily Traffic generated by the project broken down by separate uses.
CD k. Name of School District providing service to the project.
CD 1. Proposed density in lots or dwelling units per acre.
CD m. Existing Zone and General Plan Designation.
CH n. Site acreage.
FRM0003 2/96 Page 1 of 7
2. Site
a. General
l~~l 1) Approximate location of existing and proposed building and permanent
structures;
l~1 2) Location of all major vegetation, showing size and type;
l~l 3) Location of railroads;
CD 4) Legal description of the exterior boundaries of the subdivision (approximate
bearings, distances and curve data);
l~] 5) Lot lines and approximate dimensions and number of each lot;
l~~l 6) Lot area for each proposed lot.
CD 7) Setback dimensions for the required front, rear and side yard setbacks for all
structures;
l~"l 8) Indicate top and bottom elevations for all fences, walls, and retaining walls.
Show these elevations at each end of the wall and in the middle. Also show the
worst condition elevation.
I I 9) Show site details for all recreation lots or areas (when applicable).
CD 10) Total building coverage for lots with proposed structures.
b. Streets and Utilities
CD 1) The location, width and proposed names of all streets within and adjacent to the
proposed subdivision, show proposed street grades and centerline radii. Provide
separate profile for all streets with grades in excess of 7%. Streets should be in
conformance with City Standards and Engineering Department Policies.
CD 2) Name, location and width of existing adjacent streets and alleys.
CD 3) Typical street section for all adjacent streets and streets within the project.
CD 4) Width and location of all existing or proposed public or private easements.
CD 5) Public and private streets and utilities clearly identified.
CD 6) Show distance between all intersections and medium and high use driveways.
CD 7) Clearly show parking stall and isle dimensions and truck turning radii for all
parking areas.
CD 8) Show access points to adjacent undeveloped lands.
I I 9) Show all existing and proposed street lights and utilities (sewer, water, major gas
and fuel lines, major electric and telephone facilities) within and adjacent to the
project.
CD 10) Show all fire hydrants located within 300 feet of the site.
FRM003 2/96 Page 2 of 7
c. Grading—nd Drainage -—•
O 1) Approximate contours at 1' intervals for slopes less than 5%; 2' intervals for
slopes between 5% and 10%; and 5' intervals for slopes over 10% (both existing
and proposed). Existing and proposed topographic contours within a 100 foot
perimeter of the boundaries of the site. Existing onsite trees; those to be
removed and those to be saved.
O 2) Earthwork volumes: cut, fill, import and export.
O 3) Spot elevations at the corners of each pad.
O 4) Method of draining each lot. Include a typical cross section taken parallel to the
frontage for lots with less than standard frontage.
L~J 5) Location, width and/or size of all watercourses and drainage facilities within and
adjacent to the proposed subdivision; show location and approximate size of any
proposed detention/retention basins.
Q 6) Clearly show and label the 100 year flood line for the before and after conditions
for any project which is within or adjacent to a FEMA flood plain.
B. LANDSCAPE PLANS: for all condominium and planned development projects, ten (10) copies
(four (4) copies for projects with four or fewer units) on a 24" x 36" sheet(s) folded to 8 1/2"
x 11" size. Fifteen (15) copies of the landscape plans shall be submitted by the applicant upon
request of the project planner prior to approval of the project. The scale should be consistent
with all other exhibits. Each landscape plan shall include the following information:
1. Landscape zones per the City of Carlsbad Landscape Manual.
2. Typical plant species, quantity of each species, and their size for each planting zone in a
legend (Use symbols).
3. An estimate of the yearly amount of irrigation (supplemental) water required to maintain
each zone.
4. Landscape maintenance responsibility (private or common) for all areas.
5. Percent of site used for landscaping.
6. Water Conservation Plan.
C. BUILDING ELEVATIONS AND FLOOR PLANS: for all condominium and planned
development projects, ten (10) copies (four (4) copies for projects with 4 or fewer units) on a
24" x 36" sheet(s) folded to 8 1/2" x 11" size. Fifteen (15) copies of the building elevations
and floor plans shall be submitted by the applicant upon request of the project planner prior to
project approval. Each building elevation and floor plan shall include the following
information:
1. Floor plans with square footage included.
2. Location and size of storage areas.
3. All buildings, structures, walls and/or fences, signs and exterior lights.
FRM003 2/96 Page 3 of 7
4. Include a Set. on all floor plans and building elevation^.
5. Indicate on all building elevations, compliance with Carlsbad Height Ordinance 21.04.065.
D. CONSTRAINTS MAP:-at the same scale as other exhibit (i.e., Tentative maps, Site Plan, etc.).
(24" x 36") folded to 8 1/2" x 11" shall include the following information: (Note: this
information is not required for previously graded sites and the conversion of existing
structures.) If the constraint does not apply to the property, list it on the map as not
applicable.
D 1. Major ridge lines
CD 2. Distant views
[H 3. Internal views
CH 4. Riparian or woodlands
L"U 5. Intermittent drainage course
D 6. 25 - 40% slopes
D 7. Slopes 40% and above
CH 8. Major rock outcroppings
CH 9. Easements
D 10. Floodplains
CH 11. Archaeological sites
CU 12. Special planning areas - type of special planning area
CH 13. Biological Habitats. Indicate the location of coastal sage scrub and chaparral plant
communities existing on the site
D 14. Beaches
CH 15. Permanent bodies of water
D 16. Wetlands
LJ 17. Land subject to major power transmission easements
18. Railroad track beds.
E. COLORED SITE PLAN AND ELEVATION PLAN: (Not required with first submittal and not
required for tentative parcel maps). It is the Applicant's responsibility to bring one (1) copy
of a colored site plan and one (1) copy of a colored elevation to the Planning Department by
12:00 noon, eight (8) days prior to the Planning Commission meeting. Do not mount
exhibits.
FRM003 2/96 Page 4 of 7
F. REDUCED SITE « AN AND BUILDING ELEVATIONS: c ~ (1) copy 8 1/2" x 11". These
plans must be of q. .rity that is photographically reproducible. . nese are not required with first
submittal but will be requested at a later time by your project planner.
GfG. LOCATION MAP: one (1) copy 8 1/2" X 11" (suggested scale 200" - vicinity maps on the site
plan are not acceptable).
n. DOCUMENTS
LJ A. Environmental Impact Assessment Form (separate fee required). Required for tentative parcel
maps only where significant grading is proposed. Check with Planning staff to determine if
required for your application.
LJ B. Public Facility Agreement: Two (2) copies: One (1) notarized original and one(l) reproduced
copy. (Separate fee required).
|M C. Disclosure Statement. (Not required for tentative parcel maps.)
Q D. Three (3) copies of the Preliminary Title Report (current within the last six (6) months).
E. Proof of availability of sewer if located in the Leucadia County Water District or the Vallecitos
Water District.
School District letter indicating that school facilities will be available to the project.
G. Statement of agreement to waive tentative parcel map time limits. Required for tentative maps
only when project requires concurrent processing of planning application, or environmental
review.
H. All projects must evaluate their potential impacts on the regional transportation system,
including the costs of mitigating the associated impacts, as required by the SANDAG
Congestion Management Program (CMP).
For projects with an average daily traffic (ADT) generation rate greater than 500 vehicles per
day or 200 or more peak-hour vehicle trips:
Submit two (2) copies of a Circulation Impact Analysis for the project. The analysis must be
prepared by a Registered Traffic Engineer or Registered Civil Engineer. The analysis must
show project impacts to all intersections and road segments identified as impacted within the
included Local Facilities Management Plan or as otherwise determined in discussions with staff.
The following minimum information should be included with the study:
1. 8 1/2" x 11" or 8 1/2" x 14" plats showing zone impacted roads, background and project
AM and PM peak hour impacts and traffic distribution.
2. Project traffic generation rates and traffic assignment.
3. Necessary calculations and/or analysis to determine intersection and road segment levels
of service.
4 Any proposed mitigation requirements to maintain the public facility standards.
5. On Collector streets and above, an analysis of the need for a traffic signal will be required.
"Large" projects: Any project which, upon its completion will be expected to generate either
an equivalent of 2,400 or more average daily vehicle trips or 200 or more peak-hour vehicle
FRM003 2/96 Page 5 of 7
trips, including lr~*e projects that may have already been rr~Swed under CEQA but require
additional local", ^cretionary actions, is defined as a "lar^. project" under the SANDAG
Congestion Management Program (CMP) and will be subject to enhanced CEQA review as
specified in the CMP.
Depending upon the complexity of the project, the City of Carlsbad reserves the right to require
a traffic study on any project.
I. Noise study consistent with City of Carlsbad Noise Guidelines Manual.
J. Two copies of preliminary soils/geologic report for all project with cut or fill depths exceeding
5 feet.
K. For all condominium conversions, a signed statement by the owner stating Section 66427.1 of
the State Map Act will be complied with.
L. For all condominium conversions, a letter from San Diego Gas and Electric company stating
that plans to convert the gas and electric system to separate systems have been submitted and
are acceptable.
HI. OTHER REQUIREMENTS
A. Preliminary Hydrology map and calculations for lots exceeding one acre. Show before and after
discharges to each including drainage basin.
B. For all condominium conversions, one copy of a compliance inspection performed by the
Building Department. (Separate fee required.)
C. SUBMIT ARCHITECTURAL GUIDELINE COMPLIANCE SUMMARY IF_j^EEtI€ABtE-
(SEE COUNCIL POLICY NO. 44 FOR THE DEVELOPMENT OF SMALL LOTS, AS
ATTACHED.)
D. Photographs of the property taken from the north, south, east and west.
E. Construction materials board and color samples (i.e., roofing, exterior walls, pavement, glass,
wood etc.)
F. Pursuant to Section 21.45.040(6) of Title 21 applications for planned developments on
properties designated or zoned for single family development shall be accompanied by a
preliminary tentative map. This map shall illustrate how many standard lots conforming to
applicable zoning and subdivision standards served by public streets could fit on the site. The
design of this preliminary tentative map shall comply with all applicable City Ordinances and
Standards except for the design standards of the Planned Development Ordinance. The
applicant shall also submit maps, diagrams, plans and a report showing that the proposed
planned development will result in superior residential development consistent with the purpose
and intent of the Planned Development Ordinance. The density on the developed portion of the
planned development site shall be similar to and compatible with surrounding development.
OG
Hi
G. Signed "Notice of Time Limits on Discretionary Applications".
H. Completed "Project Description/Explanation" sheet.
I. Deposit for Publication Notices - See Fee Schedule for amount.
FRM003 2/96 Page 6 of 7
If your project w,., include signage at some time in the future, you must submit a proposed sign
program as part of this application. The program should be provided as separate exhibits and
should include the following informtion: Proposed sign location, dimensions, area, materials,
sign copy and colors.
K. Property Owner's List and Addressed Labels
NOTE: WHEN THE APPLICATION IS TENTATIVELY SCHEDULED TO BE HEARD BY
THE DECISION MAKING BODY, THE PROJECT PLANNER WILL CONTACT THE
APPLICANT AND ADVISE HIM TO SUBMIT THE RADIUS MAP. TWO SETS OF THE
PROPERTY OWNERS LIST AND LABELS. THE APPLICANT SHALL BE REQUIRED
TO SIGN A STATEMENT CERTIFYING THAT THE INFORMATION PROVIDED
REPRESENTS THE LATEST EQUALIZED ASSESSMENT ROLLS FROM THE SAN
DIEGO COUNTY ASSESSOR'S OFFICE. THE PROJECT WILL NOT GO FORWARD
UNTIL THIS INFORMATION IS RECEIVED.
A typewritten list of the names and addresses of all property owners within a 600 foot
radius of subject property (including the applicant and/or owner). The list shall include the
San Diego County Assessor's parcel number from the latest assessment rolls.
Two (2) separate sets of mailing labels of the property owners within a 600 foot radius of
the subject property. The list must be typed in all CAPITAL LETTERS, left justified,
void of any punctuation. For any address other than a single family residence, an
apartment or suite number must be included but Apt., Suite, and Bldg. # must NOT appear
in the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON
LABELS. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY.
Acceptable fonts are: Swiss 721, Enterprise TM, Courier New (IT) no larger than 1 Ipt.
Sample labels are as follows:
UNACCEPTABLE UNACCEPTABLE ACCEPTABLE
Mrs. Jane Smith Mrs. Jane Smith MRS JANE SMITH
123 Magnolia Ave,. Apt #3 123 Magnolia Ave. APT #3
Carlsbad, CA 92008 Apt. #3 123 MAGNOLIA AVE
Carlsbad, CA 92008 CARLSBAD CA 92008
D L- 600 Foot Radius Map
A map to scale not less than 1" = 200' showing each lot within 600 feet of exterior boundaries
of the subject property. Each of these lots shall be consecutively numbered and correspond with
the property owner's list. The scale of the map may be reduced to a scale acceptable to the
Planning Director if the required scale is impractical. For tentative parel maps, a map to scale
on an 8 1/2 x 11 inch sheet, showing each lot within 300 feet of the exterior boundaries of the
subject project.
FRM003 2/96 Page 7 of 7
4.£O:16 CITY OF CARLSBAD
1200 CARLSBAL TILLAGE DRIVE CARLSBAD, c LIFORNIA 92008
434-2867
REC'D FROM
C-PRJ-J
ACCOUNT NO.
("f p(y»0)vc?/
RECEIPT NO. 39797
DESCRIPTION
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PLEASE NOTE:
Time limits on the processing of discretionary projects established by state law
do not start until a project application is deemed complete by the City. The
City has 30 calendar days from the date of application submittal to determine
whether an application is complete or incomplete. Within 30 days of submittal
of this application you will receive a letter stating whether this application
is complete or incomplete. If it is incomplete, the letter will state what is
needed to make this application complete. When the application is complete, the
processing period will start upon the date of the completion letter.
.-^-~
Applicant Signature: "~£
\JStaff Signature: jA /
Date: £>'' >' * ~7
To be stapled with receipt to application
Copy for file
PROJECT DESCRIPTION/EXPLANATION
PROJECT NAME: Planning Area B-1; Poinsettia Shores
Applicant/Developer:
APPLICANT NAME: Watt Residential Partners & Carlsbad 90, LLC (a division of Concordia Homes)
Please describe fully the proposed project. Include any details necessary to adequately
explain the scope and/or operation of the proposed project. You may also include any
background information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation:
This project is proposing a Minor Amendment to the approved Condominium Permit (CP 94-01) for
Planning Area MB-1M of the Poinsettia Shores Master Plan. The amendment proposes minor revisions
to the architecture and floor plans. Planning Area "B-l" has an approved Tentative Map (CT 94-08)
which allows for the construction of 158 units. No changes to the Tentative Map are proposed.
Planning Area "B-l" is located within the Poinsettia Shores Master Plan as depicted on the attached
Location Map. A variety of existing and future land uses are adjacent to Planning Area "B-l".
Existing land uses include Avenida Encinas, the Lakeshore Gardens Mobile Home Park and the
railroad right-of-way. Planning Area B-l contains four parcels (A, B, C, D). Parcel A is owned by
Watt Residential Partners, Parcel B is owned by Carlsbad 90 LLC (Concordia Homes), Parcel C is
owned by Kaiza Poinsettia but will be developed by Watt Residential Partners and Parcel D is owned
by Kaiza Poinsettia but will be developed by Concordia Homes. Also attached is a property ownership
map which shows the location of each of the Parcels within Planning Area HB-1M.
Watt Residential Partners and Concordia Homes are proposing different but compatible floor plans and
elevations. The proposed amendment to the Condominium Permit will allow for the two developers to
each construct three different floor plans (for a total of sk floor plans). Each floor plan will also have
three different architectural facades. Therefore, the proposed project will contain a total of 18
different plans.
The product proposed by Watt Residential Partners is as follows: Plan 1 is 1,588 square feet with a
building height of 17.5 feet; Plan 2 is 1,699 square feet with a building height of 26.0 feet; Plan 3 is
1,869 square feet with a building height of 24.3 feet.
The product proposed by Concordia Homes is as follows: Plan 1 is 1,859 square feet with a building
height of 24 feet; Plan 2 is 2,011 square feet with a building height of 24 feet and 4 inches; Plan 3 is
2,226 square feet with a building height of 24 feet.
As previously approved for CP 94-08, all garages face internal 24 foot wide courtyards and every unit
is served by a two car garage.
Rev. 4/91 ProjDesc.frm
BATIQUITOS LAGOON
Hofman Planning
Associ ates Location Map
Date: May 21, 1997 POINSETTIA SHORES
SAN DIEGO NORTHERN RAILROAD
Hofman Planning
Associ at es
Source: O'Day Consultants
Date: May 23, 1997
PROPERTY OWNERSHIP
PLANNING AREA B-1
POINSETTIA SHORES
Oity of Carlsbad
Planning Department
PARCEL A
DISCLOSURE STATEMENT
.APPLICANTS STATEMENT OF DISCLOSURE OR CERTAIN OWNERSHIP LNTERESTS ON ALL APPLICATIONS
WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY
APPOINTED BOARD, COMMISSION OR COMMITTEE
(Please Print)
The following information must be disclosed:
1. Applicant
List the names and addresses of all persons having a financial interest in the application.
Watt Residential Partners
27720 Jefferson Avenue, Suite 200
Temecula, CA 92590 ~~
2. Owner
List the names and addressees of all person having any ownership interest in the property involved.
Watt Residental Partners
27720 Jefferson Avenue, Suite 200
Temeculaf CA 92590
3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names
and addresses of all individuals owning more than 10% of the shares in the corporation or owning
any partnership interest in the partnership.
4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the
names and addresses of any person serving as officer or director of the non-profit organization or
as trustee or beneficiary of the trust.
PISCLOS.FRM 2/96 PAGF 1 nf 2
2O75 Las Patmas Dr. • Carlsbad. CA 92OQ9-1 576 • <619^ 438-1161 • FAX (619) 438-O894
(Over)
Disclosure Statement Page 2
5. Have you had more than $250.00 worth of business transacted with any member of City staff.
Boards, Commissions, Committees and Council within the past twelve months?
Yes No x If yes, please indicate person(s)
Person is defined as "Any individual, firm, copartnership, joint venture, association, social club, fraternal organization,
corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district or other
political subdivision or any other group or combination acting as a unit."
(NOTE: Attach additional pages as necessary)
6/6/97
Sigipaturp/of Owner/date / Sr|jrature of applicant/date
Watt^Xesidential Partners, dba, //Matt Residential Partners, /aba,
Watt Homes, Southern California Division L^ Watt Homes, Southern California Division
by: Jonathan Weldy, VP Operations by: Jonathan Weldy, VP Operation
Print or type name of owner Print or type name of applicant
DISCLOS.FRM 2/96 PAGE 1 of 2
City of Carlsbad
Planning Department
PARCEL B
DISCLOSURE STATEMENT
APPLICANT'S STATEMENT OF DISCLOSURE OR CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS
WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY
APPOINTED BOARD, COMMISSION OR COMMITTEE
(Please Print)
The following information must be disclosed:
1. Applicant
List the names and addresses of all persons having a financial interest in the application.
Carlsbad 90, LLC
408 South Stoddard Avenue
San Bernardino. CA 92401
2. Owner
List the names and addressees of all person having any ownership interest in the property involved.
Carlsbad 90, LLC
408 South
San Bernardino, CA 92401
3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names
and addresses of all individuals owning more than 10% of the shares in the corporation or owning
any partnership interest in the partnership.
4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the
names and addresses of any person serving as officer or director of the non-profit organization or
as trustee or beneficiary of the trust.
msrTOSFRM 2/96 PAGF 1 nf 2
2O75 Las Palmas Dr. • Carlsbad. CA 92OO9-1 576 • (619) 438-1161 • FAX (619) 438-OS94.
Disclosure Statement
(Over)
Page 2
5. Have you had more than $250.00 worth of business transacted with any member of City staff.
Boards, Commissions, Committees and Council within the past twelve months?
Yes No _x If yes, please indicate person(s)
Person is defined as "Any individual, firm, copartnership, joint venture, association, social club, fraternal organization,
corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district or other
political subdivision or any other group or combination acting as a unit."
(NOTE: Attach acraitional pages as necessary)
Signature of Owner/date
Carlsbad 90, LLC,
By: Concordia Homes of California, LLC
BY: Michael Ugar, Division President
Print or type name of owner
Signature of app\ic/ant/date
Carlsbad 90, LLC
By: Concordia Homes of California, LLC
by; Michael Ugar, Division President
Print or type name of applicant
DISCLOS.FRM 2/96 PAGE 1 of 2
City of Carlsbad
Planning Department
PARCEL C
DISCLOSURE STATEMENT
APPLICANTS STATEMENT OF DISCLOSURE OR CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS
WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY
APPOINTED BOARD, COMMISSION OR COMMITTEE
(Please Print)
The following information must be disclosed:
1. Applicant /Developer
List the names and addresses of all persons having a financial interest in the application.
Watt Residential Partners
27720 Jefferson Avenue, Suite 200
Temecula, CA 92590
2. Owner
List the names and addressees of all person having any ownership interest in the property involved.
Kaiza Poinsettia Corooration
23172 Plaza Pointe Drive, Suite 155
Laguna Hills, CA 92653
3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names
and addresses of all individuals owning more than 10% of the shares in the corporation or owning
any partnership interest in the partnership.
4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the
names and addresses of any person serving as officer or director of the non-profit organization or
as trustee or beneficiary of the trust.
2/96 PAHF 1 of 2
2O75 Las Palmas Dr. • Carlsbad. CA 92OO9-1 576 • t619) 438-1161 • FAX (619) 438-O894
Disclosure Statement
(Over)
Page 2
5. Have you had more than $250.00 worth of business transacted with any member of City staff.
Boards, Commissions, Committees and Council within the past twelve months?
Yes No x If yes, please indicate person(s)
Person is defined as "Any individual, firm, copartnership, joint venture, association, social club, fraternal organization,
corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district or other
political subdivision or any other group or combination acting as a unit."
(NOTE:pages as necessary)
Signaturefof
Kaiza Po
by: Nori
Presi
frsCAstftsn fl^t&y
Print or type na ner
are of applicant/date ///• ///* /^l <?rr / (/ (<-£ I f /
Residential Partners/dba,
Watt Homes, Southern California Division
By; Jonathan Weldv, VP Operations
Print or type name of applicant
DISCLOS.FRM 2/96 PAGE 1 of 2
CJity of Carlsbad
Planning Department
PARCEL D
DISCLOSURE STATEMENT
APPLICANTS STATEMENTOFDISCLOSURE OR CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS
WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY
APPOINTED BOARD, COMMISSION OR COMMITTEE
(Please Print)
The following information must be disclosed:
1. Applicant/Developer
List the names and addresses of all persons having a financial interest in the application.
Carlsbad 90, LLC
408 South Stoddard Avenue
San Bernardino, CA 92401
2. Owner
List the names and addressees of all person having any ownership interest in the property involved.
Kaiza Poinsettia Corporation
23172 Plaza Poimte Drive, Suite 155
Laguna Hills, CA 92653
3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names
and addresses of all individuals owning more than 10% of the shares in the corporation or owning
any partnership interest in the partnership.
4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the
names and addresses of any person serving as officer or director of the non-profit organization or
as trustee or beneficiary of the trust.
DISCLQSJERM__2Z2fi PAftF. 1 nf2
2O75 Las Palmas Dr. -Carlsbad, CA 92OO9-1 575 - (619) 438-1161 • FAX (619) 438-O894
Disclosure Statement
(Over)
Page 2
5. Have you had more than $250.00 worth of business transacted with any member of City staff.
Boards, Commissions, Committees and Council within the past twelve months?
Yes No X If yes, please indicate person(s)
Person is defined as "Any individual, firm, copartnership, joint venture, association, social club, fraternal organization,
corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district or other
political subdivision or any other group or combination acting as a unit."
(NO 1 pages as necessary)
^Signature of1
Kaiza Poin
by: Noriko
President
Print or type name of owner
Signature of app^ant/date fc/(£/£) ^7
Carlsbad 90, LLC ' ' '
by: Concordia Homes of California, LLC
by: Michael Ugar, Division President
Print or rype name of applicant
DISCLOS.FRM 2/96 PAGE 1 of 2
BATIQUITOS LAGOON
Hofman Planning
Associ a t e s Location Map
Date: May 21, 1997 POINSETTIA SHORES
PROJECT DESCRIPTION/EXPLANATION
PROJECT NAME: Planning Area B-1; Poinsettia Shores
Applicant/Developer:
APPLICANT NAME: Carlsbad 90, LLC (a division of Concordia Homes)
Please describe fully the proposed project. Include any details necessary to adequately
explain the scope and/or operation of the proposed project. You may also include any
background information and supporting statements regarding the reasons for, or
appropriateness of, the application. Use an addendum sheet if necessary.
Description/Explanation:
This project is proposing a Minor Amendment to the approved Condominium Permit (CP 94-01) for a
portion of Planning Area B-1 of the Poinsettia Shores Master Plan. The amendment proposes changes
to the architecture and floor plans for only financial parcels B and D within Planning Area B-1. The
changes are within 10% of the approved yards, coverage, height, open space and landscaping thereby
qualifying as a minor amendment pursuant to the Planned Development Ordinance. The approved
Tentative Map (CT 94-08) for Planning Area B-1 will not be modified as a part of the request for a
Condominium Permit Amendment.
Planning Area B-1 is located within the Poinsettia Shores Master Plan as depicted on the attached
Location Map. A variety of existing and future land uses are adjacent to Planning Area B-1 including
Avenida Encinas, the Lakeshore Gardens Mobile Home Park and the railroad right-of-way. Planning
Area B-1 contains four financial parcels (A, B, C, D). Parcel A is owned by Watt Residential
Partners, Parcel B is owned by Carlsbad 90 LLC (Concordia Homes), Parcel C is owned by Kaiza
Poinsettia but will be developed by Watt Residential Partners and Parcel D is owned by Kaiza
Poinsettia but will be developed by Concordia Homes. Also attached is a property ownership map
which shows the location of each of the parcels within Planning Area B-1.
For Parcels A and C, consisting of a total of 68 units, Watt Residential Partners intends to proceed
with the architecture approved by the original Condominium Permit. As mentioned previously,
Concordia Homes intends to modify only the architecture within Parcels B and D consisting of the
remaining 90 units.
The product proposed by Concordia Homes will continue to be single family detached units on a
common lot. In order to eliminate any confusion between the approved and the proposed product
within Planning Area B-1, the proposed product type is identified as Plan 4, Plan 5 and Plan6. The
square footage for each unit is as follows: Plan 4 is 1,859 square feet with a building height of 24 feet;
Plan 5 is 2,011 square feet with a building height of 24 feet and 4 inches; Plan 6 is 2,226 square feet
with a building height of 24 feet. Each floor plan will also have three different architectural facades.
Therefore, the proposed project within Parcels B and D will contain nine different plans. As
previously approved for CP 94-01, all garages face internal 24 foot wide courtyards and every unit is
served by a two car garage.
Rev. 4/91 ProjDesc.frm
LAGOON
\ - '
Vv. ""?• A 5 ^PROJECT'• •• ' 'V \ *• S ^IT?\Vl . >s>»i\ \ ' 5 C
\1^L — ^
Hofman Planning
Associ ates Location Map
Date: May 21, 1997 POINSETTIA SHORES
SAN DiLGO NORTHERN RAILROAD
Hofman Planning
Associ ates
Source: O'Day Consultants
Date: May 23, 1 997 Revised: October 3, 1997
PROPERTY OWNERSHIP
PLANNING AREA B-1
POINSETTIA SHORES
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008
434-2867
REC'D FROM (f
I-PRH"
ACCOUNT NO.
RECEIPT-NOt 49449
DESCRIPTION
>-L v. .c- (y *? </-£•///-
1 ! i ^- —
NOT VALID UNLESS VALIDATED BY TOTAL
AMOUNT
/ •' T r
// Fz.
Printed on recycled paper.
i HEREBY CERTIFY THAT THE PROPERTY OWNERS LIST AND LABELS
SUBMITTED TO THE CITY OF CARLSBAD ON THIS DATE REPRESENT THE
LATEST AVAILABLE INFORMATION FROM THE EQUALIZED ASSESSOR'S ROLES.
APPLICATION NAME AND NUMBER
CP 94-01(A) - POINSETTIA SHORES PLANNING AREA B-1
APPLICANT OR APPLICANT'S REPRESENTATIVE
BY:
DATE:
RECEIVED BY
DATE:
559
RECORDING REQUESTED BY
AND RETURN TO:
COMMUNITY FACILITIES DISTRICT NO. 3 OF
THE CARLSBAD UNIFIED SCHOOL DISTRICT
c/o Bowie, Arneson, Kadi, Wiles & Giannone
Attention: Robert E. Anslow
4920 Campus Drive
Newport Beach, Ca. 92660
DOC-8 1994-0277976
26-* 3-1994 03=01 PH
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY SfllTH, COUNTY RECORDER
RF: 91.00 FEES: 269.00
AF: 177.00
Iffs 1.00
(Soace Above Line for Recorder's Use)
NOTICE OF SPECIAL TAX LIEN
Community Facilities District No. 3 of tffli
Carlsbad Unified School District*
Pursuant to the requirements of Section 3114.5 of the Streets and Highways Code and
Section 53328.3 of the Government Code, the undersigned Clerk of the Board of Trustees
(the "Board") of the Carlsbad Unified School District (the "School District"), County of San
Diego, State of California, hereby gives notice that a lien to secure payment of a special tax
which Community Facilities District No. 3 of the School District, located within the City of
Carlsbad, County of San Diego, State of California is authorized to levy is hereby imposed.
The special tax secured by this lien is authorized for the purpose of: (1) paying principal and
interest on bonds, the proceeds of which are being used to finance school and related facilities
and all other incidental expenses thereto, and other facilities as defined in the Mello-Roos
Community Facilities Act of 1982 (Government Code Section 53311, et seq.V. and (2)
providing such facilities, planning and design work and incidental expenses without bonds.
The special tax is authorized to be levied within Community Facilities District No. 3
which has now been officially formed and the lien of the special tax is a continuing lien
which shall secure each annual levy of the special tax and which shall continue in force and
effect until the special tax obligation is prepaid, permanently satisfied, and cancelled in
accordance with the law or until the special tax ceases to be levied and a notice of cessation
of special tax is recorded in accordance with Section 53330.5 of the Government Code.
The Rate and Method of Apportionment of the Special Tax is as shown on Exhibit
"A", attached hereto and incorporated herein by this reference. The special tax shall be
collected in the same manner as ordinary ad valorem property taxes are collected and shall be
BAKW&b/REA/pxp/10536.01
3042.17.02 -03/15/94
subject to the same penalties and the same procedure, sale and lien priority in case of
delinquency as is provided for ad valorem taxes, except that if bonds have been issued
judicial foreclosure may be provided for.
Owners of property with Community Facilities District No. 3 may elect to prepay the
special tax obligation pursuant to the terms, conditions, and limitations stated in the Rate and
Method of Apportionment of Special Tax attached hereto.
Notice is hereby given that upon the recording of this Notice in the Office of the San
Diego County Recorder, the obligation to pay the special tax levy shall become a lien upon
all nonexempt real property within Community Facilities District No. 3 in accordance with
Section 3115.5 of the Streets and Highways Code.
The names of the owners of the real property included within Community Facilities
District No. 3 as they appear on the latest secured assessment roll as of the date of recording
of this Notice are as shown on Exhibit "B", attached hereto and made a part hereof by this
reference.
Reference is made to the amended boundary map of Community Facilities District No.
3 recorded on March 15, 1994, at Book 28 of Maps of Assessment and Community Facilities
District at Page 08, as Instrument No. 1994-0168850 in the Office of the Recorder for the
County of San Diego, State of California, which map is now the final boundary map of
Community Facilities District No. 3.
The assessor's tax parcel numbers of all parcels, or any portion thereof, which are
included within Community Facilities District No. 3 are as shown on Exhibit "B", attached
hereto.
For further information concerning the current and future tax liability of owners or
purchasers of real property subject to this special tax lien, interested persons should contact
the Assistant Superintendent of Business Services of the Carlsbad Unified School District,
Mr. John Blair, Secretary at the Carlsbad Unified School District, 801 Pine Avenue,
Carlsbad, California 92008-2439.
Clerk of the Board of the Carlsbad Unified School District
BAKWAG/REA/r!<r/10536.01
3042.17.02 - 03/15/94
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On April 22, 1994
Barbara H. Mead
before me, Linda Brown, Notary Public
(here insert name and title of the officer), personally appeared
personally known to me (or proved to me on the
basis of satisfactory evidence) to be the personfs) whose name(8) is/are subscribed to the
within instrument and acknowledged to me that-he/she/they executed the same in-his/her/their
authorized capacity(ies), and that by -his/her/their signature^ on the instrument the person(s),
or the entity upon behalf of which the personC^f acted, executed the instrument.
WITNESS my hand and official seal.
Signature (SEAL)
EXHIBIT "A"
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
COMMUNITY FACILITIES DISTRICT NO. 3
CARLSBAD UNIFIED SCHOOL DISTRICT
This Rate and Method of Apportionment of this Special Tax sets forth the special tax
applicable to each Assessor's Parcel within Community Facilities District No. 3 ("CFD
No. 3") of the Carlsbad Unified School District to be levied and collected according to the
special tax liability determined by the Board of Trustees of the Carlsbad Unified School
District (the "School District"), acting as the Legislative Body of CFD No. 3. The
applicable Annual Maximum Special Tax shall be determined pursuant to the application of
the appropriate amount or rate for "Developed Property", as described below. All
Developed Property within CFD No. 3, unless exempted by law, or the provisions of Section
E, below, shall be subject to the Applicable Annual Maximum Special Tax levied and
collected to the extent and in the manner herein provided.
This Rate and Method of Apportionment also is provided as an explanation to allow
landowners or residents within CFD No. 3 to estimate the Annual Maximum Special Tax to
be annually levied and collected, or prepaid, as the case may be, with regard to property
within CFD No. 3.
A. Definitions
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being
Chapter 2.5 (commencing with Section 53311) of Division 2 of Title 5 of the
California Government Code.
"Administrative Expense" means any costs incurred by the School District on behalf
of CFD No. 3 related to the determination of the amount of the annual levy of the
Annual Maximum Special Tax, the collection of the Annual Maximum Special Tax,
the administration of the Bonds of CFD No. 3, and the other costs incurred in order
to carry out the authorized purposes of CFD No. 3.
"Annual Maximum Special Tax" means the special tax to be levied in each Fiscal
Year pursuant to Sections C. and D. on each Assessor's Parcel classified as
Developed Property for a period not to exceed 30 years including the Initial Fiscal
Year.
-1-
BAKW&G/REA/fb/9137.01
3042.17.02-2/24/94
"Assessor's Parcel" means a parcel of land as designated on an official map of the
San Diego County Assessor which has been assigned a discrete identifying parcel
number.
"Board" means the Board of Trustees of the Carlsbad Unified School District.
"Bonds" means the bonds, or equivalent securities, including, but not limited to,
certificates of participation or leases, of CFD No. 3 issued and sold to finance the
Facilities.
"Bond Indenture" means the Bond Indenture, Trust Agreement or equivalent
document, approved, and/or entered into, by CFD No. 3 providing for the issuance
and sale of Bonds, as the same may be amended or supplemented from time to time.
"Commercial/Industrial Property" means property zoned for commercial/industrial
uses or other non-residential uses.
"Developed Property" means for any Fiscal year all Taxable Property for which a
foundation building permit for Residential Property was issued prior to May 1
preceding the Fiscal Year in which the Annual Maximum Special Tax is being levied.
"Facilities" means the school facilities as may be identified in the Community
Facilities District Report prepared for CFD No. 3 on file in the Office of the Clerk of
the Board or such other facilities to be financed by CFD No. 3 pursuant to the Act.
"Fiscal Year" means the period starting on July 1st and ending the following June
30th.
"Initial Fiscal Year" applies only to Developed Property and means the first Fiscal
Year in which the Annual Maximum Special Tax will be apportioned and levied on an
Assessor's Parcel.
"Land Use Class" means any of the classes of Developed Property listed in Table 1
below.
"Multi-Family Unif'or "Attached Dwelling Unit" means all Developed Property
other than Single Family Detached Units, which includes, but shall not be limited to,
apartments available for rental by the general public, condominiums as defined in
Civil Code Section 1351, or a structure or structures made up of two or more units
that share common walls that is to be developed or is developed for residential use.
"Residential Property" means all property within CFD No. 3 classified as either a
Single Family Detached Unit or Multi-Family Unit.
-2-
BAKW&G/REA/fb/9137.01
3042.17.02- 2/24/94
"Senior Citizen Housing" means any senior citizen housing, residential care facilities
for the elderly, or multilevel facilities for the elderly meeting the definitions set forth
in Government Code Section 65995.1 or a successor section thereto.
"Single Family Detached Unit" means Developed Property which contains a
structure of one dwelling unit that is to be developed or is developed for residential
use.
"Taxable Property" means all Assessor's Parcels within the boundaries of CFD No.
3 which are not exempt from the Annual Maximum Special Tax pursuant to the Act
and the provisions of Section E. herein.
"Undeveloped Property" means all Taxable Property in CFD No. 3 not classified as
Developed Property.
B. Assignment to Land Use Categories
As soon as practicable, as of May 1 for the next succeeding Fiscal Year, all Taxable
Property within CFD No. 3 shall be categorized as Developed Property or
Undeveloped Property. Developed Property shall be subject to an Annual Maximum
Special Tax pursuant to Sections C. and D. below.
For purposes of determining the applicable Annual Maximum Special Tax for each
Assessor's Parcel of Developed Property, all Developed Property shall be assigned to
a Land Use Class designated in Table 1 below. Single Family Detached Units shall
be assigned to Land Use Class 1. Multi-family Units shall be assigned to Land Use
Class 2.
C. Annual Maximum Special Tax
1. Developed Property
The Annual Maximum Special Tax for each Assessor's Parcel classified as
Developed Property shall be the amount determined by reference to Table 1
and the paragraphs that follow Table 1.
Table 1
Annual Maximum Special Tax Rates for Developed Property
(For the Fiscal Year 1993-94)
Annual Maximum Special
Land Use Class Land Use Description Tax Per Unit (1993-941
1 Single Family Detached Unit $637
2 Multi-Family Unit/Attached Dwelling Unit $510
-3-
BAKW&G/REA/fb/9137.01
3042.17.02-2/24/94
In determining the Annual Maximum Special Tax which may be levied in any
Fiscal Year, on July 1, 1994, and on each July 1 thereafter, the Annual
Maximum Special Tax shall be increased by an amount equal to 3 % of the
amount in effect for the previous Fiscal Year, until July 1, 2008. After
July 1, 2008, no further escalation of the Annual Maximum Special Tax shall
occur.
In each Fiscal Year in which an Assessor's Parcel is initially categorized as
Developed Property, the Annual Maximum Special Tax for such Assessor's
Parcel, for the Initial Fiscal Year and for each Fiscal Year thereafter, shall be
fixed and shall thereafter not be subject to any further escalation of the Annual
Maximum Special Tax as described in the paragraph above.
2. Undeveloped Property
The Board shall not impose any Annual Maximum Special Tax on Undeveloped
Property.
D. Method of Apportionment of the Special Tax
Commencing with Fiscal year 1994-95, and each Fiscal Year thereafter, the Board shall
determine the Annual Maximum Special Tax to be collected from Taxable Property in
CFD No. 3. The Board may levy the Annual Maximum Special Tax on all Assessor's
Parcels of Development Property by levying the Annual Maximum Special Tax for
Land Use Classes 1 and 2.
E. Limitations
The Board shall not levy an Annual Maximum Special Tax on properties owned by the
State of California, federal or other local governments, except as otherwise provided in
Sections 53317.3 and 53317.5 of the Act. Developed Property which becomes the
property of the State of California, the federal government or other public agency after
being categorized as Developed Property is liable for the Annual Maximum Special Tax
levied in the Fiscal Year during which such transfer occurs and will be subject to the
Annual Maximum Special Tax in each Fiscal Year thereafter under the original Land
Use Class for such Assessor's Parcel. Such Assessor's Parcel may be exempted, at
the direction, and in the discretion, of the Board in any Fiscal Year.
No Annual Maximum Special Tax shall be levied on Senior Citizen Housing or on
Commercial/Industrial Property within CFD No. 3.
-4-
B AKW&G/REA/fb/913 7.01
3042.17.02-2/24/94
F. Prepayment of the Annual Maximum Special Tax
Any owner of Developed Property within CFD No. 3 may discharge the Annual
Maximum Special Tax obligation in full or in part, by making payment pursuant to the
applicable Sections F. 1. or F. 2 as follows:
1. Upon the Issuance of a Building Permit
At the time of issuance of a building permit for a Single Family Detached Unit or a Multi-
Family Unit, the owner of such a Single Family Detached Unit or a Multi-Family Unit may
prepay the Annual Maximum Special Tax in full or in part by making a cash payment to CFD
No. 3, in which case the Annual Maximum Special Tax for the Initial Fiscal Year, and each
Fiscal Year thereafter, shall be reduced according to the following steps:
a. Determine the maximum prepayment if the owner were to prepay the
Annual Maximum Special Tax in entirety. For building permits issued prior to
July 1, 1994, the maximum prepayment for a Single Family Detached Unit is
$6,616 and a Multi-Family Unit is $5,295. For building permits issued on or
subsequent to July 1, 1994, the maximum prepayment shall increase by 3% per
annum, commencing July 1, 1994, and each July 1 thereafter until July 1, 2008,
upon which date the maximum prepayment shall be fixed and shall not
thereafter increase.
b. Determine the Single Family Detached Unit's or Multi-Family Unit's
revised Annual Maximum Special Tax by multiplying the Single Family
Detached Unit's or Multi-Family Unit's applicable Annual Maximum Special
Tax for the Initial Fiscal Year determined pursuant to Section C.I. by (one
minus the quotient obtained by dividing the cash payment made by the owner
pursuant to this Section F.l.b. by the maximum prepayment obligation
determined pursuant to Section F.I.a). The Single Family Detached Unit's or
Multi-Family Unit's revised Annual Maximum Special Tax for the Initial Fiscal
Year, and each Fiscal Year thereafter, shall be the Annual Maximum Special
Tax for the Single Family Detached Unit or Multi-Family Unit for purposes of
Sections C. and D. herein.
2. After the Issuance of a Building Permit
After the time a building permit has been issued for a Single Family Detached Unit or a Multi-
Family Unit, and prior to May 1 for the next succeeding Fiscal Year, the owner of such
Single Family-Detached Unit or a Multi-Family Unit's Parcel may prepay the Annual
Maximum Special Tax in full or in part by making a cash payment to CFD No. 3, in which
case the Annual Maximum Special Tax for the applicable Fiscal Year, and each Fiscal Year
thereafter, shall be reduced according to the following steps:
-5-
BAKW&G/REA/fb/9137.01
3042.17.02 - 2/24/94
a. Compute the present value of the Annual Maximum Special Tax at the
weighted average coupon rate of the outstanding Bonds, or 7% if no Bonds have been
issued by CFD No. 3 at the time of this calculation, using a period equal to the lesser
of the remaining term for which Annual Maximum Special Tax may be levied on such
Developed Property or the remaining term of all outstanding Bonds; then
b. Multiply the amount determined in Section F.2.a; above, by the owner's desired
prepayment percentage (which shall be a minimum of twenty percent (20%) of the
present value of the total Annual Maximum Special Tax) to determine the prepayment
amount subject to additional adjustments as specified below; then
c. Add the following to the result of Section F.2.b.:
i) Call premium as may be required in the Bond Indenture;
ii) Bond interest on the amount determined in Section F.2.b., above, at the
applicable weighted average interest rate on the Bonds issued and
outstanding, if any, to the next available Bond call date or 7% to a
maximum of ten (10) years if no Bonds have been issued by CFD No. 3
at such time;
iii) Unpaid special taxes, interest and penalties, if any, which have been
entered on the Assessor's tax roll;
iv) and a $75 administrative charge per Single Family Dwelling Unit or
Multi-Family Unit; then
d. Subtract the following from the result of Section E.2.C.:
i) Such Developed Property's pro rata share of the bond reserve fund
allowance, computed at the rate used in establishing the reserve fund for
outstanding Bonds, if applicable. Such Developed Property's pro rata
share of the bond reserve fund shall be determined by multiplying the
rate used in establishing the reserve fund by the quotient obtained by
dividing such Developed Property's Annual Maximum Special Tax by
the total Annual Maximum Special Tax for all Assessor's Parcels
classified as Developed Property within CFD No. 3 for which such
Bond(s) were issued. In cases where the prepayment percentage in
Section F.2.b. is less than 100%, such Developed Property's pro rata
share of the reserve fund shall be multiplied by the prepayment
percentage to determine the applicable portion of reserve fund allowance.
-6-
B AKW&G/REA/fb/9137.01
3042.17.02 - 2/24/94
e. Subtract the following from the result of Section F.2.d. to determine the
owner's cash payment required to be made to CFD No. 3:
i) The interest earnings expected to be generated from the proceeds in
Section F.2.d. taking into account the disbursement requirements of the
proceeds at the reinvestment rate as determined by the CFD No. 3 from
the date of discharge to the next available Bond call date, if applicable.
e. The Annual Maximum Special Tax applicable to such Developed Property
utilizing a prepayment percentage less than 100% percent shall be revised in the Fiscal
Year following the date of prepayment by multiplying such Developed Property's
Annual Maximum Special Tax by the prepayment percentage actually determined in
Section F.2.b. Such Developed Property's revised Annual Maximum Special Tax for
the Fiscal Year following the date of prepayment, and each Fiscal Year thereafter, shall
be the Annual Maximum Special Tax for such Developed Property for purposes of
Sections C. and D. herein.
G. Manner of Collection
The Annual Maximum Special Tax will be collected in the same manner and at the
same time as ordinary ad valorem real property taxes. The Annual Maximum Special
Tax shall be subject to the same penalties and the same procedure, sale and lien
priority in case of a delinquency as provided for with ad valorem taxes. The collection
of the Annual Maximum Special Tax shall otherwise be subject to the provisions of the
Act. The Board reserves the power to provide for alternative means of collection of
special taxes as permitted by the Act.
H. Termination of Annual Maximum Special Tax Levy
Provided that Special Taxes previously levied on an Assessor's Parcel are not
delinquent, the lien of special taxes of CFD No. 3 shall terminate as to such Assessor's
Parcel at the close of the thirtieth (30) Fiscal Year following the beginning of the Initial
Fiscal Year for such Assessor's Parcel. Furthermore, provided an owner within CFD
No. 3 fully and completely discharges their special tax obligation pursuant to Sections
F. 1 and/or F.2, the lien of special taxes of CFD No. 3 shall terminate.
Pursuant to Section 53330.5 of the Act, the Board shall, upon written request, cause to
be recorded in the official records of San Diego County a Notice of Cessation of
Special Tax Lien for each Assessor's Parcel upon termination of the lien on such
Assessor's Parcel.
-7-
BAKW&G/REA/fl>/9137.01
3042.17.02 - 2/24/94
I. Review/Appeal Board
The Board shall establish, as part of the proceedings and administration of CFD No. 3,
a special Review/Appeal Board. Any landowner who feels that the amount of the
Annual Maximum Special Tax, as to their Assessor's Parcel, is in error may file a
notice with the Review/Appeal Board appealing the amount of the levy. The
Review/Appeal Board shall interpret this Rate and Method of Apportionment of the
Special Tax and make determinations relative to the annual administration of the special
tax and any landowner appeals, as herein specified.
-8-
BAKWiG/REA/fb/9137.01
3042.17.02 - 2/24/94
H COMPLETE THIS INFORMATION.
RECORDS REQUESTED BY:°<" ***'
, ^
1495
ftN DIEGO COUNTY RECORDER'S OFFICE
GREGORY StIITH, COUNTY RECORDER
FEES' 0.00
RECEIVED
BUSINESS OEPARlMLn,
7HT5 SPACE FOR RECOKDEK'S USE ONLY
AMENDMENT TO NOTICE OF SPECIAL TAX LIEN
Annexation No. 1 to Community Facilities District No. 3
of the Carlsbad Unified School District
(Pleue fill in dcvr.iffp.it titles) on the this line)
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
6/94
Rec.Form iTR25
RECORDING REQUESTED BY , A
AND RETURN TO: •* 4 9 6
COMMUNITY FACILITIES DISTRICT NO. 3 OF
THE CARLSBAD UNIFIED SCHOOL DISTRICT
c/o Bowie, Arneson, Kadi, Wiles & Giannone
Attention: Arto J. Nuutinen
4920 Campus Drive
Newport Beach, Ca. 92660
e^ Above Line for Recorder's Use")
AMENDMENT TO
NOTICE OF SPECIAL TAX LIEN
Annexation No. 1 to Community Facilities District No. 3
of the Carlsbad Unified School District
NOTICE - THIS DOCUMENT SHALL ACT TO
SUPPLEMENT THE NOTICE OF SPECIAL TAX LIEN
PREVIOUSLY RECORDED FOR COMMUNITY FACILITIES
DISTRICT NO. 3 OF THE CARLSBAD UNIFIED SCHOOL
DISTRICT RECORDED ON APRIL 26, 1994, IN THE SAN
DIEGO COUNTY RECORDER'S OFFICE AS INSTRUMENT
NO. 1994-0277976.
NOTICE - THIS DOCUMENT SHALL NOT SUPERSEDE
THE ABOVE-REFERENCED DOCUMENT.
Pursuant to the requirements of Sections 3114.5 and 3117.5 of the Streets and
Highways Code, the undersigned Clerk of the Board of Trustees (the "Board") of the
Carlsbad Unified School District (the "District"), County of San Diego, State of California,
hereby gives notice that a lien to secure payment of a special tax which the District, located
within the City of Carlsbad, State of California, is authorized to levy is amended as provided
for herein. The special tax secured by this lien is authorized for the purpose of: (1) paying
principal and interest on bonds, the proceeds of which are being used to finance school and
related facilities and all other incidental expenses thereto, and other facilities as defined in the
Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311, et seq.):
and (2) providing such facilities, planning and design work and incidental expenses without
bonds.
BAKWtOAJN/22330
3042.17.82-7/2IV95
1497
The special tax is authorized to be levied within territory annexed to Community
Facilities District No. 3 and the lien of the special tax is a continuing lien which shall secure
each annual levy of the special tax and which shall continue in force and effect until the
special tax obligation is prepaid, permanently satisfied, and cancelled in accordance with the
law or until the special tax ceases to be levied and a notice of cessation of special tax is
recorded in accordance with Section 53330.5 of the Government Code.
The rate and method of apportionment of the authorized special tax is as shown on
Exhibit "A", attached hereto and incorporated herein by this reference. The special tax shall
be collected in the same manner as ordinary ad valorem property taxes are collected and shall
be subject to the same penalties and the same procedure, sale and lien priority in case of
delinquency as is provided for ad valorem taxes, except that if Bonds have been issued
judicial foreclosure may be provided for.
Owners of parcels of real property within the territory annexed to Community
Facilities District No. 3 shall have the right to fully prepay the special tax to be levied on
such parcels as set forth hi Exhibit "A", hereto.
Notice is further given that upon the recording of this Notice in the Office of the
County Recorder, the obligation to pay the special tax levy shall become a lien upon all
nonexempt real property as annexed to Community Facilities District No. 3 in accordance
with Sections 3115.5 and 3117.5 of the Streets and Highways Code.
The names of the owners of the real property annexed into Community Facilities
District as they appear on the latest secured assessment roll as of the date of recording of this
Notice are as shown on Exhibit "B", attached hereto and made a part hereof by this
reference.
The assessor's tax parcel numbers of all parcels, or any portion thereof, which have
been added to the territory within Community Facilities District No. 3 are as shown on
Exhibit "B", attached hereto.
Reference is made to the boundary map of Annexation No. 1 to Community Facilities
District No. 3 recorded on June 16, 1995, at Book 29 of Maps of Assessment and
Community Facilities and Assessment Districts at Page 29, as Instrument No. 1995-0254037
in the Office of the Recorder for the County of San Diego, State of California, which map
depicts the territory annexed into Community Facilities District No. 3 and which annexation
has now been completed.
For further information concerning the current and future tax liability of owners or
purchasers of real property subject to this special tax lien, interested persons should contact
-2-
BAKW&Q'AJN/lBSO
3042.l78.2-7/2<V95
1498
the Assistant Superintendent of Business Services of the Carlsbad Unified School District,
Mr. John Blair, Secretary at the Carlsbad Unified School District, 801 Pine Avenue,
Carlsbad, California 92008-2439.
By:
Clerk of the Board of Trustees of the
Carlsbad Unified School District
- 3 -
BAKW&G'AJN>'22330
3042.178 2. 7,70/95
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
1499
On before me,
(here insert name and title of the officer), personally appeared
personally known to me (or proved to me on the
basis of iatisfactory evidence) to be the person^) whose name<y) is/ajce subscribed to the
within instrument and acknowledged to me that h£/she/thfty executed the same in h£s/her/the.ir
authorized capacity(i^), and that by higher/their signatureCa,) on the instrument the person^g),
or the entity upon beha}f of which the person($ acted, executed the instrument.
WITNE: ;
Signature
nd and official seal.
(SEAL)
-4 -
3542.I78.2-7/KV95
1500.
EXHIBIT "A"
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
COMMUNITY FACILITIES DISTRICT NO. 3
CARLSBAD UNIFIED SCHOOL DISTRICT
This Rate and Method of Apportionment of this Special Tax sets forth the special tax
applicable to each Assessor's Parcel within Community Facilities District No. 3 ("CFD
No. 3") of the Carlsbad Unified School District to be levied and collected according to the
special tax liability determined by the Board of Trustees of the Carlsbad Unified School
District (the "School District"), acting as the Legislative Body of CFD No. 3. The applicable
Annual Maximum Special Tax shall be determined pursuant to the application of the
appropriate amount or rate for "Developed Property", as described below. All Developed
Property within CFD No. 3, unless exempted by law, or the provisions of Section E, below,
shall be subject to the applicable Annual Maximum Special Tax levied and collected to the
extent and in the manner herein provided.
This Rate and Method of Apportionment also is provided as an explanation to allow
landowners or residents within CFD No. 3 to estimate the Annual Maximum Special Tax to
be annually levied and collected, or prepaid, as the case may be, with regard to property
within CFD No. 3.
A. Definitions
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being
Chapter 2.5 (commencing with Section 53311) of Division 2 of Title 5 of the
California Government Code.
"Administrative Expense" means any costs incurred by the School District on behalf
of CFD No. 3 related to the determination of the amount of the annual levy of the
Annual Maximum Special Tax, the collection of the Annual Maximum Special Tax,
the administration of the Bonds of CFD No. 3, and the other costs incurred in order
to carry out the authorized purposes of CFD No. 3.
"Annual Maximum Special Tax" means the special tax to be levied in each Fiscal
Year pursuant to Sections C. and D. on each Assessor's Parcel classified as
Developed Property for a period not to exceed 30 years including the Initial Fiscal
Year.
"Assessor's Parcel" means a parcel of land as designated on an official map of the
San Diego County Assessor which has been assigned a discrete identifying parcel
number.
"Board" means the Board of Trustees of the Carlsbad Unified School District.
-5 -
BAKW&G/AJN/22330
5042.17.8 2 • T/2CW3
1501
"Bonds" means the bonds, or equivalent securities, including, but not limited to,
certificates of participation or leases, of CFD No. 3 issued and sold to finance the
Facilities.
"Bond Indenture" means the Bond Indenture, Trust Agreement or equivalent
document, approved, and/or entered into, by CFD No. 3 providing for the issuance
and sale of Bonds, as the same may be amended or supplemented from time to time.
"Commercial/Industrial Property" means property zoned for commercial/industrial
uses or other non-residential uses.
"Developed Property" means for any Fiscal year all Taxable Property for which a
foundation building permit for Residential Property was issued prior to May 1
preceding the Fiscal Year in which the Annual Maximum Special Tax is being levied.
"Facilities" means the school facilities as may be identified in the Community
Facilities District Report prepared.for CFD No. 3 on file in the Office of the Clerk of
the Board or such other facilities to be financed by CFD No. 3 pursuant to the Act.
"Fiscal Year" means the period starting on July 1st and ending the following June
30th.
"Initial Fiscal Year" applies only to Developed Property and means the first Fiscal
Year in which the Annual Maximum Special Tax will be apportioned and levied on an
Assessor's Parcel.
"Land Use Class" means any of the classes of Developed Property listed in Table 1
below.
"Multi-Family Unif'or "Attached Dwelling Unit" means all Developed Property
other than Single Family Detached Units, which includes, but shall not be limited to,
apartments available for rental by the general public, condominiums as defined in
Civil Code Section 1351, or a structure or structures made up of two or more units
that share common walls that is to be developed or is developed for residential use.
"Residential Property" means all property within CFD No. 3 classified as either a
Single Family Detached Unit or Multi-Family Unit.
"Senior Citizen Housing" means any senior citizen housing, residential care facilities
for the elderly, or multilevel facilities for the elderly meeting the definitions set forth
in Government Code Section 65995.1 or a successor section thereto.
"Single Family Detached Unit" means Developed Property which contains a structure
of one dwelling unit that is to be developed or is developed for residential use.
- 6 -
BAKW&G/A/N/22330
3W2.178.2- 7,70/95
1502
"Taxable Property" means all Assessor's Parcels within the boundaries of CFD No.
3 which are not exempt from the Annual Maximum Special Tax pursuant to the Act
and the provisions of Section E. herein.
"Undeveloped Property" means all Taxable Property in CFD No. 3 not classified as
Developed Property.
B. Assignment to Land Use Categories
As soon as practicable, as of May 1 for the next succeeding Fiscal Year, all Taxable
Property within CFD No. 3 shall be categorized as Developed Property or
Undeveloped Property. Developed Property shall be subject to an Annual Maximum
Special Tax pursuant to Sections C. and D. below.
For purposes of determining the applicable Annual Maximum Special Tax for each
Assessor's Parcel of Developed Property, all Developed Property shall be assigned to
a Land Use Class designated in Table 1 below. Single Family Detached Units shall
be assigned to Land Use Class 1. Multi-family Units shall be assigned to Land Use
Class 2.
C. Annual Maximum Special Tax
1. Developed Property
The Annual Maximum Special Tax for each Assessor's Parcel classified as
Developed Property shall be the amount determined by reference to Table 1
and the paragraphs that follow Table 1.
Table 1
Annual Maximum Special Tax Rates for Developed Property
(For the Fiscal Year 1993-94)
Annual Maximum Special
Land Use Class Land Use Description Tax Per Unit C1993-94')
1 Single Family Detached Unit $637
2 Multi-Family Unit/Attached Dwelling Unit $510
In determining the Annual Maximum Special Tax which may be levied in any
Fiscal Year, on July 1, 1994, and on each July 1 thereafter, the Annual
Maximum Special Tax shall be increased by an amount equal to 3 % of the
amount in effect for the previous Fiscal Year, until July 1, 2008. After
July 1, 2008, no further escalation of the Annual Maximum Special Tax shall
occur.
- 7-
BAKW&OAJN/22330
3042.17.8.2 -?,7(V95
1503
In each Fiscal Year in which an Assessor's Parcel is initially categorized as
Developed Property, the Annual Maximum Special Tax for such Assessor's
Parcel, for the Initial Fiscal Year and for each Fiscal Year thereafter, shall be
fixed and shall thereafter not be subject to any further escalation of the Annual
Maximum Special Tax as described in the paragraph above.
2. Undeveloped Property
The Board shall not impose any Annual Maximum Special Tax on Undeveloped
Property.
D. Method of Apportionment of the Special Tax
Commencing with Fiscal year 1994-95, and each Fiscal Year thereafter, the Board shall
determine the Annual Maximum Special Tax to be collected from Taxable Property in
CFD No. 3. The Board may levy the Annual Maximum Special Tax on all Assessor's
Parcels of Development Property by levying the Annual Maximum Special Tax for
Land Use Classes 1 and 2.
E. Limitations
The Board shall not levy an Annual Maximum Special Tax on properties owned by the
State of California, federal or other local governments, except as otherwise provided in
Sections 53317.3 and 53317.5 of the Act. Developed Property which becomes the
property of the State of California, the federal government or other public agency after
being categorized as Developed Property is liable for the Annual Maximum Special Tax
levied in the Fiscal Year during which such transfer occurs and will be subject to the
Annual Maximum Special Tax in each Fiscal Year thereafter under the original Land
Use Class for such Assessor's Parcel. Such Assessor's Parcel may be exempted, at
the direction, and in the discretion, of the Board in any Fiscal Year.
No Annual Maximum Special Tax shall be levied on Senior Citizen Housing or on
Commercial/Industrial Property within CFD No. 3.
F. Prepayment of the Annual Maximum Special Tax
Any owner of Developed Property within CFD No. 3 may discharge the Annual
Maximum Special Tax obligation in full or in part, by making payment pursuant to the
applicable Sections F. 1. or F. 2 as follows:
1. Upon the Issuance of a Building Permit
At the time of issuance of a building permit for a Single Family Detached Unit or a Multi-
Family Unit, the owner of such a Single Family Detached Unit or a Multi-Family Unit may
prepay the Annual Maximum Special Tax in full or in part by making a cash payment to CFD
-8-
BAKW&G/AJN/22330
3042.17.8.2-7/20/95
1504
No. 3, in which case the Annual Maximum Special Tax for the Initial Fiscal Year, and each
Fiscal Year thereafter, shall be reduced according to the following steps:
a. Determine the maximum prepayment if the owner were to prepay the
Annual Maximum Special Tax in entirety. For building permits issued prior to
July 1, 1994, the maximum prepayment for a Single Family Detached Unit is
$6,616 and a Multi-Family Unit is $5,295. For building permits issued on or
subsequent to July 1, 1994, the maximum prepayment shall increase by 3% per
annum, commencing July 1, 1994, and each July 1 thereafter until July 1, 2008,
upon which date the maximum prepayment shall be fixed and shall not
thereafter increase.
b. Determine the Single Family Detached Unit's or Multi-Family Unit's
revised Annual Maximum Special Tax by multiplying the Single Family
Detached Unit's or Multi-Family Unit's applicable Annual Maximum Special
Tax for the Initial Fiscal Year determined pursuant to Section C.I. by (one
minus the quotient obtained by dividing the cash payment made by the owner
pursuant to this Section F.l.b. by the maximum prepayment obligation
determined pursuant to Section F.I.a). The Single Family Detached Unit's or
Multi-Family Unit's revised Annual Maximum Special Tax for the Initial Fiscal
Year, and each Fiscal Year thereafter, shall be the Annual Maximum Special
Tax for the Single Family Detached Unit or Multi-Family Unit for purposes of
Sections C. and D. herein.
2. After the Issuance of a Building Permit
After the time a building permit has been issued for a Single Family Detached Unit or a Multi-
Family Unit, and prior to May 1 for the next succeeding Fiscal Year, the owner of such Single
Family-Detached Unit or a Multi-Family Unit's Parcel may prepay the Annual Maximum
Special Tax in full or in part by making a cash payment to CFD No. 3, in which case the
Annual Maximum Special Tax for the applicable Fiscal Year, and each Fiscal Year thereafter,
shall be reduced according to the following steps:
a. Compute the present value of the Annual Maximum Special Tax at the weighted
average coupon rate of the outstanding Bonds, or 7% if no Bonds have been issued by
CFD No. 3 at the time of this calculation, using a period equal to the lesser of the
remaining term for which Annual Maximum Special Tax may be levied on such
Developed Property or the remaining term of all outstanding Bonds; then
b. Multiply the amount determined in Section F.2.a; above, by the owner's desired
prepayment percentage (which shall be a minimum of twenty percent (20%) of the
present value of the total Annual Maximum Special Tax) to determine the prepayment
amount subject to additional adjustments as specified below; then
-9-
BAKWiG/AJN/22330
KW2.17.8 2 - 7/ZOT5
1505
c. Add the following to the result of Section F.2.b.:
i) Call premium as may be required in the Bond Indenture;
ii) Bond interest on the amount determined in Section F.2.b., above, at the
applicable weighted average interest rate on the Bonds issued and
outstanding, if any, to the next available Bond call date or 7% to a
maximum of ten (10) years if no Bonds have been issued by CFD No. 3
at such time;
iii) Unpaid special taxes, interest and penalties, if any, which have been
entered on the Assessor's tax roll;
iv) and a $75 administrative charge per Single Family Dwelling Unit or
Multi-Family Unit; then
d. Subtract the following from the result of Section E.2.C.:
i) Such Developed Property's pro rata share of the bond reserve fund
allowance, computed at the rate used hi establishing the reserve fund for
outstanding Bonds, if applicable. Such Developed Property's pro rata
share of the bond reserve fund shall be determined by multiplying the
rate used in establishing the reserve fund by the quotient obtained by
dividing such Developed Property's Annual Maximum Special Tax by the
total Annual Maximum Special Tax for all Assessor's Parcels classified
as Developed Property within CFD No. 3 for which such Bond(s) were
issued. In cases where the prepayment percentage in Section F.2.b. is
less than 100%, such Developed Property's pro rata share of the reserve
fund shall be multiplied by the prepayment percentage to determine the
applicable portion of reserve fund allowance.
e. Subtract the following from the result of Section F.2.d. to determine the owner's
cash payment required to be made to CFD No. 3:
i) The interest earnings expected to be generated from the proceeds in
Section F.2.d. taking into account the disbursement requirements of the
proceeds at the reinvestment rate as determined by the CFD No. 3 from
the date of discharge to the next available Bond call date, if applicable.
" e. The Annual Maximum Special Tax applicable to such Developed Property
utilizing a prepayment percentage less than 100% percent shall be revised in the Fiscal
Year following the date of prepayment by multiplying such Developed Property's
Annual Maximum Special Tax by the prepayment percentage actually determined in
Section F.2.b. Such Developed Property's revised Annual Maximum Special Tax for
the Fiscal Year following the date of prepayment, and each Fiscal Year thereafter, shall
be the Annual Maximum Special Tax for such Developed Property for purposes of
Sections C. and D. herein.
- 10-
;<HZ1782-"l<y95
1506G. Manner of Collection
The Annual Maximum Special Tax will be collected in the same manner and at the
same time as ordinary ad valorem real property taxes. The Annual Maximum Special
Tax shall be subject to the same penalties and the same procedure, sale and lien priority
in case of a delinquency as provided for with ad valorem taxes. The collection of the
Annual Maximum Special Tax shall otherwise be subject to the provisions of the Act.
The Board reserves the power to provide for alternative means of collection of special
taxes as permitted by the Act.
H. Termination of Annual Maximum Special Tax Levy
Provided that Special Taxes previously levied on an Assessor's Parcel are not
delinquent, the lien of special taxes of CFD No. 3 shall terminate as to such Assessor's
Parcel at the close of the thirtieth (30) Fiscal Year following the beginning of the Initial
Fiscal Year for such Assessor's Parcel. Furthermore, provided an owner within CFD
No. 3 fully and completely discharges their special tax obligation pursuant to Sections
F. 1 and/or F.2, the lien of special taxes of CFD No. 3 shall terminate.
Pursuant to Section 53330.5 of the Act, the Board shall, upon written request, cause to
be recorded in the official records of San Diego County a Notice of Cessation of
Special Tax Lien for each Assessor's Parcel upon termination of the lien on such
Assessor's Parcel.
I. Review/Appeal Board
The Board shall establish, as part of the proceedings and administration of CFD No. 3,
a special Review/Appeal Board. Any landowner who feels that the amount of the
Annual Maximum Special Tax, as to their Assessor's Parcel, is in error may file a
notice with the Review/Appeal Board appealing the amount of the levy. The
Review/Appeal Board shall interpret this Rate and Method of Apportionment of the
Special Tax and make determinations relative to the annual administration of the special
tax and any landowner appeals, as herein specified.
- 11 -
BAK.W&G/AJN/22330
3042.17.8.2 -7/20/95
1507
EXHIBIT "B"
Ownership
Kaiza Poinsettia
Kaiza Poinsettia
Kaiza Poinsettia
Kaiza Poinsettia
Kaiza Poinsettia
Kaiza Poinsettia
Kaiza Poinsettia
Kaiza Poinsettia
Kaiza Poinsettia
Kaiza Poinsettia
Kaiza Poinsettia
Sea Bluff Associates
Greystone Homes, Inc.
Bramalea California, Inc.
Schindler Family Trust
Ocean Bluff Partnership
HSL/BP Michan L.P.
HSL/BP Michan L.P.
HSL/BP Michan L.P.
Toyohara America Group
Assessor Parcel Number
216-510-01
216-140-31
216-510-02
216-510-03
216-510-04
216-510-05
216-510-06
216-511-01
216-511-02
216-511-03
216-420-82
216-140-30
214-140-40
214-140^2
215-070-13
215-070-16
214-450-25
214-150-17
214-150-18
214-140-07
- 12-
BAKW&G/AJN/22330
3M2.17a.2-7/2OTS
Community Facilities District f3 (CFD t3)
Carlsbad Unified Sc ool District
May 1995
fcl:«
IS
D Avara I?.1-'! Z-~