HomeMy WebLinkAboutCT 85-32; SERIES 10000 CARLSBAD RESEARCH CENTER; Tentative Map (CT)F LAND US. P",ANNING :';PLICATIDN :
DISCRETIOOARY ACrIOOS
REQUEST
OZone ChaD3'e o General Plan Amendment o Tentative Tract Map o Major Planned Unit DeveloPf(lent
DMaster Plan . o Major Redevelopment Pennit
DMinor Redevelopment Pennit
[JPrecise Development Plan
(check other boxes if appropriate)
ClSpecific Plan
[]Site Development Plan
OCondi tional Use Penni t
OVariance
[JPlanning Commission Detennination
OSpecial Use Pennit
[]Structure Relocation
[]Major Condominium Penni t
OCoastal Permit (Portion of Redevelop:nen
Area Only)
Camp ete Descrlptlon 0 ProJect (attac s eets 1 necessary
The a ro oses a tentative tract rna and a lanned unit
development over five existing lots within the Carlsbad Research
Center for the purpose of developing twelve one story buildings along
Farnsworth Court.
Legal Descriptlon (complete)
Lot 33-37 record rna' number 11134 in the Cit of Carlsbad Count of
San Diego
ssessors Parcel N r
Zone Gener Use
C-M PI vacant
Proposed Zone Proposed General Plan Site Acreage
C-M PI 12.29 ~--~----------~---------------------~--~~~~---------------------~' ~ OWner licant
Name (Prlnt or Type) Name (Prlnt or Type)
733 0
Zip Telephone City
.' r
~
I ,-.
t
• I. SPECIFIC REQUIREMENTS •
General Plan Amendment/Zone Change
1. Application Form
2. General Requirement Items F-O
3. Reproducible 1:500 scale map of subject property
showing requested zoning and· surrounding·zoning and
land uses. .
4. Fee: General Plan'Amendment $765.00 + $5.00 per lot or
acre, whichever is higher.
Zone Change: $655.00
Master Plan/Specific Plan
1. Application Form
2. General Requirement Items:
-eighteen (18) copies of items B-D
-items E-O
3. Fee: Master Plan $1,635 + f5.00 per/acre
Specific Plan $1,090.00
Master Plan Amendment: Major $545.00· + 5.00 acre
Minor $185.00 + 2.00 acre
Amendment: Major $440.00 Specific Plan
Minor $ 75.00
Tentative Tract Map
1. Application Form
2. General Requirement Items
eighteen (18) copies of item A
items E-P
3. Fee: $530.00 (1-25 lots or units)
$765.00 (26-100 lots or units)
$1,310 (100 + lots or units)
Revision: $330.00 (1-25 units or lots)
$545.00 (26-100 units or lots)
$765.00 (100+ units or lots)
$150.00 Revision that does not change
design of subdivision
Ma'or Planned units)
App cat on Form
2. General Requirement Items:
eighteen (18) copies of items B-D
items E--O
3. Conversion to Condominiums -list of names and
addresses of all tenants of the project, proof of
notification of the tenants 60 days prior to filing
tentative map.
If after the information you have submitted has been revieWed, it is determined
( . uhat further informatio.s re~ired' you wi~~ be so a,sed_
APPLICANT: ~ QII&<,/SI!Ab R~VdllH C&4JTfL tc.s.aOlliLfSa
Name (individual, partnership, joint venture, corporation. syndication)
7330 Engineer Road Sa~ Diego, CA 92111
Business Address
(619) 292-5550
Telephone Number
AGENT:
Name
Business Addr~s~
Telephone Number .' -
l-IE:HBERS : .. "'. Michael. J. Dunigan 3309 Piragua, Carlsbad, CA 92008
Name '(individual, partner, joint.
venture, corporation, syndication)
Home Address
7330 Engineer Road San Diego, CA 92111
Business Address
292-5550 438-4121
Telephone N~~r Telephone Number
t~~j __ O_r_r_i_n_Vl_._M_i_l_l_e_r ______ 1 0 6 2 .Solana OJ;'i ve, Del Mar 92014
Nalne Home Address
7330 Engineer Road San Diego Ca 92111
3~siness Address
292-5550 438-41.21
Telephone Number Telep~ne ~lurnber
.(Attach more sheets if necessary)
I/He decla:e under. penalty of perjury that the information contained in this dis-
closure is tr~~ and correct and that it will remain true and correct and may be"
relied upon as being true and correct until amended.
'. .PLEMENl'AL INFORMATION FORM •
VARIANCE
1) Gross Acres (or square footage, if less than acre) _________ _
2) Zone ____________________________________________________ __
3) General Plan·Land Use Desigq.aticn ____ -:---:--_-:-~--------
--------------------~--~------------------------
4) By law a Variance may be approved cnly if certain facts are fOll'ld to exiftt.
Please read these requirements carefully and explain how the proposed
project. meets each of these facts. ~e additicnal. sheets if necessary.
a) ExPlain Wtr:! theie are exceptl.cnal or extraordinary circumstances or
ocnditicns applicable to the property or to the intended use that do not
apply' generally to the otnar property ~ class' of use in 'the same. vicinity
and zcne: . .
----------------------------------------------------
b) Explain wtr:I such variance is necessary for the preservaticn and.
enjoyment of a substantial'property right:. possessed by other property in
the same vicinity and zcne but whlch is denied to the property in CJ!.lesti:::n: . . .
c) Explain why the granting of such variance will not be materially
detrimental to the public \tJelfare or injurious to the property or
jrnprovements in such vicinity and zcne in which the property is located
---------------------------------------------------------
d) Explain why the granting of such variance .will not adversely affect the
conprehensi ve general plan: _______________________ _
----------------------------------------------------------------------
----------------------------~-----~-----------------------
•
AGREEMENT TO EXTEND TIME LIMITS
TO ALLOW REVIEW OF THE LAND USE
ELEMENT OF THE GENERAL PLAN
Iri a desire to'assist the City of Carlsbad to
expeditiously review the Land Use Element of the General Plan and
to ensure full and adequate review of the application for this
development project the undersigned agrees that the time limits
imposed by law to approve or disapprove this application shall be
extended. If a negative declaration is adopted for this project
the undersigned agrees that the time period for approval or
disapproval is extended for 90 days. If the project requires an
environmental impact report the undersigned agrees that the time
limit imposed by Section 21151.5 of the Public Resources Code is
extended for six months and that the project shall be approved or
disapproved within 90 days after the certification of the
"environmental impact report. The undersigned understands that the -
City will process this application a"ccording to City Council
Resolution No. 7872 and consents to processing the application
according to that resolution.
Slgna
Auth
" " " " "" 1'1.:;-; "b(j~1
Name (prlnt)
APPROVED:
ant or
Michael J. Holzmiller
Land Use Planning Manager
(
•
STATEMENT OF AGREEMENT
TENTATIVE SUBDIVISION MAP
CITX OF CARLSBAD
The Subdivision Map Act and the Ca'rlsbad Municipal Code sets a
fifty (50) day time restriction on Pianning Commission processing
of Tentative Maps and a thirty (30) day time limit for City
Council action. These time limits can only be extended by the
mutual concurrence of the applicant and the City. By accepting
applications for Tentative Maps concurrently with applications
for other approvals which are prerequisites to the map; i.e.,
Environmental Assessment, Environmental Impact Report, Condomini.um
Plan, Planned Unit Development, etc., the fifty, (50) day, time
limits and the thirty (30) day time limits are often exceeded.
If you wish to have your application processed concurrently,
this agreement must be signed by the applicant or his agent. Ij:
you choose not to sign the statement, the City will not accept
your application for the Tentative Map until all prior necessary
entitlements have been processed and approved.
The undersigned understands that the processing time required by
the City may exceed the time limits, therefore the undersigned
agrees to extend the time limits for Planning Commission and
City Council action and fully concurs with any extensions of
time up to one year from the date the application was accepted
as complete to properly review all of the applications.
f -•
Name (Pr~nt)
FORM: PLANNING 37, REVISED 3/80
First American Title Insurance Company
411 IVY STREE( (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101 • (619) 238-1776
July 1, 1986
THE KOLL COMPANY
7330 Engineer Road
San Diego, California
Attn: PATTY BEVIL
Your No. 9566
Our Order No. 908923-15
Dated as of June 25, 1986 at 7:30 a.m. "T':RAN.......,.N ... Y;;-;W'T.-y:HA..-r"T':RO;;:PE;:;"R;:;-7'T'm...,jr'g--T;;;"I:;:-;T~LE",..-~O:;:F;;::F~I-:::CE...,R=-
The form of policy title insurance contemplated by this report is:
PRELIMINARY TITLE REPORT/SUBDIVISION MAP GUARANTEE
Title to said estate or interest at the date hereof is vested in:
CARLSBAD RESEARCH CENTER, a California general partnership, formerly known as
CARLSBAD PACIFIC BUSINESS CENTER, a California general partnership
The estate or interest in the land hereinafter described or referred to covered
by this Report is:
FEE
The land referred to herein is described as follows:
Lots 33 through 37 of Carlsbad Tract No. 81-10 Unit No. lA, in the
Ci ty of Carlsbad, County of San Diego, State of California, according to ~1ap
thereof No. 11134 filed in the Office of the County Recorder of said San Diego
County, January 31, 1985.
ORDER NO. 908923-15
PAGE NO. 2
At the date hereof exceptions to coverage in addition to the printed exceptions
and exclusions contained in said policy form would be as follows:
1. General and Special taxes for the fiscal year 1986-87, a lien, not yet payable.
2. A Report to follow on: BONDS or ASSESSMENTS
3. The lien of supplemental taxes, if any, assessed pursuant to Chapter j.5
commencing with Section 75 of the California Revenue and Taxation Code.
4. An easement for a pipeline or pipelines, together with conduits and cables
for power transmission and communication purposes together with the right of
ingress thereto and egress therefrom, together with the right to clear and
keep clear said right of way from explosives, buildings and structures and
incidental purposes in favor of Costa Real Municipal Water District,
recorded November 10, 1983 as File No. 83-407854 of Official Records,
located .within Lot 35 as shown on said Map No. 11134.
5. The privilege and right to extend drainage structures and excavation and
embankment slopes beyond the limits of the pipeline where required for the
construction and maintenance of said pipeline as conveyed to Costa Real
}tunicipal Water District in Deed recorded November 10, 1983 as File No.
83-407854 of Official Records.
Affects Lots 33, 35 and 36.
6. An Agreement regarding public facilities and services resulting payment of a
public facilities fee, dated February 1, 1984, upon the terms, covenants,
and conditions contained therein.
EXECUTED BY AND BETWEEN: CARLSBAD RESEARCH CENTER and THE CITY OF CARLSBAD.
RECORDED: February 13, 1984 as File No. 84-053064 of Official Records.
Reference is made to said instrument for further particulars.
7. The effect, if any, of the following recital contained on said Map No.
11134:
Whereas certain portions of the parcels wi thin this tract are wi thin the
airport noise impact area for Palomar Airport as defined by the Sandag Land
Use Plan and updates thereto, the City of Carlsbad has required and the
subdivider has agreed that the CC & R's for this subdivision contain a
provision strongly recommending that sound attenuation measures be
incorporated into the construction of buildings within the 65Db CNEL
range. The subdivider on behalf of itself and its successors and all
subsequent purchasers agrees that the City of Carlsbad shall not be held
responsible for any adverse airport related noise impacts as a res.ult of
development occurring within the confines of this Subdivision Map.
1 1
ORDER NO. 908923-15 PAGE NO.3 • •
8. An easement for _ underground facilities and appurtenances for the
transmission and distribution of electricity, pipelines, communication
facilities, and the right of ingress and egress and incidental purposes in
favor of SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, recorded May 22,
1985 as File No. 85-180319 of Official Records, described as follows:
That certain strip of land 8.00 feet in width, lying within said Lots 33
through 37 inclusive, lying adjacent to and coincident with the exterior
boundaries of "RUTHERFORD ROAD" and "FARNSWORTH COURT", both streets as
shown and delineated on said Map No. 11134.
Reference is made to said instrument for further particulars.
9. An Agreement regarding the payment of public facilities fee, dated
Sep tember 25, 1985, upon the terms, covenants, and cond i tions , contained
therein.
EXECUTED BY AND BETWEEN: CARLSBAD RESEARCH CENTER, a partnership and THE
CITY OF CARLSBAD
RECORDED: November 6, 1985 as File No. 85-417016 of Official Records.
Refernece is made to said instrument for further particulars.
10. The fact that said land lies within the boundaries of Assessment District
No. 85-2 (College Boulevard) as disclosed by instrument recorded March 26,
1986 as' File NO. 86-116365 of Official Records.
11. An easement for underground facHi ties and appurtenances' for the
transmission and distribution of electricity, pipelines, communication
facilities, ant the right of ingress and egress and incidental purposes in
favor of SAN DIEGO GAS AND ELECTRIC COMPANY, recorded March 27, 1986 as File
No. 86-117547 of Official Records, located within the following:
Lots 33, 34, 35, 36 and 37 of CARLSBAD TRACT NO. 81-10, UNIT NO. 2A,
(CARLSBAD RESEARCH CENTER), according to Map thereof No. 11134, filed in the
Office of the County Recorder of said County of San Diego, January 31, 1985.
The easement in the aforesaid property shall be a strip of land, including
all of the area lying between the exterior sidelines, which sidelines shall
be three (3) feet, measured at right angles, on each exterior side of each
and every facHi ty ins taIled wi thin said property on or befo"re February 21,
1988.
The route or location of said easement cannot be determined from the record.
Refernece is made to said instrument for further particulars.
I ... e RECORDING REQUESTED BY AND
WHEN RECORDED to4AIL TO:
)
)
)
CITY OF CAR LS SA D )
1200 Elm Avenue )
Carlsbad, California 92008 )
, ,
Space above' tnis line for Recorder's use
Documentary transfer tax: $21.00
Signature of declarant determining
t ax-fi rm nane
Ci ty of Carl sbad
Parcel No. --------------------------------
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY (F CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into tnis 30th day of June , 19 86
by and between The Koll Company _ _ ---------~~(r.N~~~e~o~f~Dn~ev~e'l~o~pe~r~)~----~------------------
a Californi~ Corporation
(Corporation, partnership, etc.)
, here; nafter referred to as
"Developer" whose ~dress i s _7_3_3_0--.,,;E.;.;.n ... g;;;:.in;;,;;,e;;;:.e,;;.;r=--.;R;;.:.o=-ja;::pid'T::-~~ ______________ _
(Street)
San Diego, California 92111
(City, State, zip Code)
and Carlsbad Research Center
(Name of Legal OWner)
a . California Ge~eral Partnership
(Corporat on, etc.)
, herei nafter referred to as
"Owner" Whose ~dress 1s 7330 Engineer Road ------~--~~~~~(S~t~r~ee~t~)-------------------
San Diego, California 92111
(City, state, Zip Code)
AND
the CITY CF CARLSBAD, a Il1.Inici pal corporation of the State of Cal1forn·i a,
here; nafter referred to as "City", Whose a:1dress is 1200 Elm Avenue, Carl sbad,
California, 92008.
REV 4-22-86
, #
RECITALS
WHEREAS, Owner is the owner of the real property described on
EXhibit IIAII:, attached to and made a part of this agreement, nereinafter
referred to as IIPropertyll; and
WHEREAS, Tne Property lies within tne boundaries of City; and
WHEREAS, Developer has contracted with Owner to purcnase tne Property
and proposes a development project as follows: Twelve one story buildings (R&D)
along Farnsworth Court.
on said Property, whi Ch development carri es the proposed narne of Farnsworth
Court, (Series 10,000)
and is hereinafter referred to as IIDevelopment ll ; and
WHEREAS, Developer filed on the 1st day of _J_u_l...=y'--______ ,
19 86, with the City a request for -----------------------------------
herei nafter referred to as IIRequestll; and
WHEREAS, tne Public Facilities Element of tne City General Plan
requires that the City Council find tnat all public facilities necessary to
serve a development will be available concurrent witn need or sucn development
shall not be approved (said element is on file with the City Clerk and is
incorporated by this reference); and
WHEREAS, Developer, Owner and City recognize the correctness of Council
pplicy No. 17, dated April 22, 1986, on file with the City Clerk and
incorporated by this reference, and that the City's public facilities and
services are at capacity and will not be available to accormnodate the ~ditional
need for public facilities and services resulting from the proposed Development;
and
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REV 4-22-86
· .... -
WHEREAS, Developer and Owner nave asked tne City to find tnat public
facilities and services will be available to meet tne future needs of the
Development as it is-presently proposed; but tne Developer and Owner are aware
tnat tne City cannot and will not be able to make any sucn findings witnout
financial assistance to pay for sucn services and facilities; and tnerefore,
Developer and Owner propose to help satisfy the General Plan as implemented by
Council Policy No. 17 by payment of a public facilities fee.
NOW, THEREFORE, in consideration of the recitals and the covenants
contained herein, the parties agree as follows:
1. The Developer and Owner shall pay to the City a public facilities
fee in an amount not to exceed 2.5% of tne building permit valuation of the
building or structures to be constructed in tne Development pursuant to the
Request. Tne 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 and Owner Shall pay a fee for conversion of existing building
or structures into condominiums in an amount not to exceed 2.5% 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 and Owner
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REV 4-22-86
shall pay the 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 'oodition to any fees, dedications or
improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal
Code.
2. Tne Developer and Owner may offer to donate a si te or si tes for
public facilities in lieu of all or part of tne financial obligation agreed upon
in Paragrapn 1 above. If Developer and Owner offers to donate a site or sites
for public facilities, the City shall consider, but is not obligated to accept
t he offer. The time for don at i on and crnount of cred it agai nst 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. Thi s 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 nave 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 determi nes the need ex i sts to provide the facil iti es and suffici ent
funds from the payment of this and similar public facilities fees are
av ai 1 ab 1 e.
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REV 4-22-86
'.#'
5. City agrees to provide upon request reasonab 1 e assurances to enab 1 e
Developer and Owner 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.
6. All obligations hereunder shall terminate in the event the Requests
made by Developer are not approved.
7. Any notice from one party to the other Shall be in writing, and
Shall be dated and signed by the party giving SUCh notice or by a duly
authorized representative of SUCh party. Any such notice Shall not be effective
for any purpose whatsoever unless served in one of the following manners:
7.1 If notice is given to the City of personal delivery thereof to
the City or by depositing same in the United States Mail, ajdressed to the City
at the ajdress set forth herein, enclosed in a sealed envelope, addressed to the
City for attention of the City Manager, postage prepaid and cert ifi ed.
7.2 If notice is given to Developer by personal delivery tnereof
to Developer or by depositing the same in the United States Mail, enclosed in a
seal ed envelope, addressed to Developer at tne ajdress as may have been
designated, postage prepaid and certified.
8. This agreement Shall be binding upon and shall ensure to tne
benefit of, and Shall apply to, the respective successors and assigns of
Developer, Owner and the City, and references to Developer, Owner or City herein
Shall be deemed to be reference to and include their respective successors and
assigns without specific mention of sucn 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 DevelQper's
obligations hereunder ..
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REV 4-22-86
At SUCh time as Owner ceases to have any interest in tne Property, all
ob 1; gat ions of Owner nereunder snall term; nate; provided, hOwever, tnat if any
successor to tne Owner's interest in tne Property is a stranger to tnis
agreement, such successor has first assumed tne obligations of owner in writing
ina form acceptab 1 e to City.
9. Thi s agreement shall be recorded but snall not create ali en or
security interest in the Property. Wnen tne obligations of tnis agreement have
been sati sfi ed, Ci ty snall record a rel ease.
IN WITNESS WHEREOF, tnis agreement is executed in San Diego County,
California as of tne date first written above.
( Name)
(Si gnature)
( Name)
($; gnature)
ATTEST:
ad Associates, Mana~g
, P rtner
ALEHTA L. RAOTENKRANZ, City Clerk
APPROVED AS TO FORM:
'~ VINCENT F. BIONDO, JR.,
City Attorney
lEVELOPER:
Southern Division
BY ------------------------
TITLE ________ _
CITY OF CARLSBAD, a munici pal
corporation of the
State of California
BY----rrr=-n~~~-----City Manager
(Notarial acknowledgement of execution by rEVELOPER-OWNER must be attaChed.)
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EXHIBIT "A"
LEGAL DESCRIPTION
Lots 33 through 37 inclusive of Carlsbad Tract No. 81-10
Unit No. 2A, in the City of Carlsbad, County of San Diego,
State of California, according to Map thereof No. 11134
filed in the Office of the County Recorder of said San Diego
County, January 31, 1985.
STATE OF CALIFORNIA)
) 5S.
COUNTY OF SAN DIEGO)
On June 30 , 1986 , before me, a Notary Publ ic in and
for said State, personally appeared =B~.-:;E:..:.:......:F:..;l.::.J· P~Pt::-_-.-_____ _
aftd---------------------------, known to me to be . --~ --:: a
partner' of Koll Carlsbad Associates, a partnership, said partner-
ship being known to me to be the Managing Partner of Carlsbad Re-
search Center, the partnership that executed the within instrument
and acknowledged to me that .he executed the same as partner: of
the partnership first above named, that said partnership executed
the same as a partner of Carlsbad Research Center, and that said
last named partnership executed the same.
WITNESS my hand and official seal.
Notary Public
STATE OF CALIFORNIA)
) SSe
COUNTY OF SAN DIEGO)
On June 30, 1986, before me, a Notary Public in and for
said State, personally appeared B. E. Fipp, know to me
to be the President, Southern Division of The Koll Company
whose name is subscribed to the within instrument and
acknowledged to me that he executed the same.
WITNESS my hand and official seal.
Notary Public
. ( --t
o
/;1/ f _ -L-&'-'C-
, --" •
OFFICIA&.SEAL
PATRICIA L BEVIL
... NoI8Iy~
PrtncipII ortIce III
, 1M DIIIIit CounIr
My CDnwR. fxp. .... 4.1988
, . e • RECORDING REQUESTED BY AND ),
WHEN RECORDED MAIL TO: )
)
CITY OF CARLSBAD ,.
1200 Elm Avenue )
Carlsbad, California 92008 )
Space above this line for Recorder's use
Documentary transfer tax: $ No fee
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. -------------------------------------
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 2Sthday of September, 19~
by and between Carlsbad ReseaTcn Center --------~~--~~~~~~~~~~---------------------------------
(name of developer-owner)
a Partnership , hereinafter referred to as
<Corporation, partnership, etc.)
"Developer" whose address is 7330 Engineer Road
{streed
San Diego, CA 92111 and T'f.IE CITY OF
(City, state, zip code)
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 120.9 Elm Avenue,
-Carlsbad, California, 92008.
WIT N E SSE 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:
a tentative map and planned unit development for 12 one story buildings
REV 4-2-82
\\ .
NOW, THERE F·ORE, , con s ide rat ion 0 f the rec.a ls 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 v.aluation 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 0 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 ~n 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
. ,
permi~ is necessary prior to the use or occupancy fo~ 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.
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REV 4-2-82
on said Property, which development carrLes the proposed name of
Rl.r nsworth <;::ourt
and LS 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 serVLces 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 f6ture needs of
t'
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
2. The Developer ~y offer to donate a site ~ 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 e~jsts 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 serv~ces
sufficient to accommodate the needs of the Development herein
described.
-4-
REV 4-2-82
6. All obligatio~hereunder shall terminat'IJn
Requests made by Developer are not approved.
the event the
7. Any notice from one party to the other shall be ~n 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 ~s g~ven to the City of personal delivery
thereof to the City or by depositing same ~n the United States Mail,
addressed to the City at the address set forth herein, enclosed ~n a
sealed envelope, addressed to the City for attention of the City
Manager, postage prepaid and certified.
7.2 If notice ~s given to Developer by personal delivery
thereof to Developer or by depositing the same ~n the United States
Mail, enclosed ~n 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 ass~gns
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 int~rest in the _ i
Property, all obligations of Developer hereunder shall terminate;
provided, however, tha~ 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 1S executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER:
<!"'~8A1> RU.rlf..,1I r:u~"e. A~l"'I#"f'~
-r It£, k c:H..'
(n ame)
~.V.f.
(Title)
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.,
City Attorney
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
----~--~~---------------------Ci t y Manager _
. f
i
(Noti'rial acknowledgement of execution by DEVELOPER-OWNER must be
attached.)
-6-
REV 4-2-82
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
•
On this 27th day of September, in the year of 1985, before
me the undersigned, a notary public in and for said county
and state, personally appeared Michael J. Dunigan and
Orrin W. Miller personally known to me to be the persons
whose names is subscribed to within the instrument as the
authorized agent of The Koll Company and the persons who
executed the within instrument of behalf of the Carlsbad
Research Center as Managing Partners, and acknowledged
to me that such partnership executed the same .
Patricia L. Bevil
Notary Public IIaIIry Pubuc:·r.alifornia
f'ttncIPiI Office In
•
PA~~~~'L
81ft 0Iea0 County MrCDmm. Exp. Mar. 4.1988 ....
. f
i
POOR
QUALITY
ORIGINAL S
. . CITY OF CARLSBAD
1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008.
438·5621
REC'D FROM_~_' _0_' __ --'---<-1_'-)_':'_-_____ -.,..:...: 1<"_' i_/i_' ___ A-'_I_;'...!-I-'-.? ____ DATE . 10 -~ 85""'
ACCOUNT NO. DESCRIPTION AMOUNT
! I _I. I .:J
! •
; \ I -
I
__________________ ~ __ ;_~-----.--.--------------~~~~~3-4-5-6-~~~~._r----~----.~:~' ~. i~/' "70'\.· I ~ t·", ~" I 'ro." '''.;. I
RECEIPT NO. TOTAL
--------._-----._--.. ~-----------~---'----------------------.
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site
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TIily of Carlsbad
O eM-HEAVY COMMERCIAL·:·:H
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o GENERAL PLAN DESIGNAT"I ~"';;: .. : ::.
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() GENERAL PLAN DESI'G;NA P,UD 93
VICINITY MA
site~ ____ _
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O(G)} M-INDUSRTIAL
o GENERAL PLAN DESIGNATIONS
SERIES 10,000
C' of Carlsbad
PUD 93
CT 85-32