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Home My WebLink AboutEIA 04-02; ARANI RESIDENCE; Environmental Impact Report (EIR)CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1 ) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT !FOR DEPARTMENT USE ONLY) USE ONLY) □ Administrative Permit -2nd □ Planned Industrial Permit Dwelling Unit □ Administrative Variance □ Planning Commission Determination □ Coastal Development Permit □ Precise Development Plan □ Conditional Use Permit □ Redevelopment Permit □ Condominium Permit □ Site Development Plan □ Environmental Impact ~IA-04-o: □ Special Use Permit Assessment I □ General Plan Amendment □ Specific Plan □ Hillside Development Permit □ +eAtative F!aFSel Ma13 Obtain from Engineering Department □ Local Coastal Plan Amendment □ Tentative Tract Map □ Master Plan □ Variance □ Non-Residential Planned □ Zone Change Development □ Planned Development Permit □ List other applications not specified 2) ASSESSOR PARCEL NO(S).: d)) 5 -l-f9 \-07 -OG 3) PROJECT NAME: _A.---'-(?.A-=-->1-N,.,,.,_,..,_l --'-'R,...,t .... :: __ $.......,_\ =pe.=~=NC.::,a,..,,,oJ:c...:::: ____________ _ 4) BRIEF DESCRIPTION OF PROJECT: SiN <JsLL; H·O Me.... .-8<'c-A.Dr'Y3 f'e.rm/t Ntes 0£ 5) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type) AL( . MAILING ADDRESS TELEPHONE CITY AND ST ATE 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 7) BRIEF LEGAL DESCRIPTION I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT · THE BESTOF MY KNOWLEDGE. DATE . . Cf-VD 4o\b NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIORTO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 16 Rev. 05/03 PAGE 1 OF 2 8) LOCATION OF PROJECT: ON THE STREET ADDRESS SIDE OF (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN AND (NAME OF STREET) (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS □11) NUMBER OF EXISTING □12) PROPOSED NUMBER OF □ RESIDENTIAL UNITS RESIDENTIAL UNITS 13) TYPE OF SUBDIVISION □14) PROPOSED IND OFFICE/ □15) PROPOSED COMM □ SQUARE FOOT AGE SQUARE FOOT AGE 16) PERCENTAGE OF PROPOSED □17) PROPOSED INCREASE IND 18) PROPOSED SEWER D PROJECT IN OPEN SPACE ADT USAGE IN EDU 19) GROSS SITE ACREAGE □20) EXISTING GENERAL □21) PROPOSED GENERAL □ PLAN PLAN DESIGNATION 22) EXISTING ZONING □23) PROPOSED ZONING D 24) IN THE PROCESS OF REVIEWI THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COM SIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND E R THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FORT S PURPOSE SIGN FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE TOT AL FEE REQUIRED DATE FEE PAID Form 16 Rev. 05/03 FEE REQUIRED RECEIVED FEB 0 5 2004 CITY OF CARLSBAD DA TE SlpMf\ f4NlN:('8~ ~1F;EIVE D RECEIVED BY: RECEIPT NO. PAGE 2 OF 2 ( CONSERVATION CREDIT PURCHASE AGREEMENT AND ACKNOWLEDGMENT THIS CONSERVATION CREDIT PURCHASE AGREEMENT AND ACKNOWLEDGMENT ("Agreement") is entered into this _56_ day of Ma r-c"'-. 2004 by and between BA Prope1ties hie., a Delaware corporation ("Seller") and Ali Arani ("Purchaser"). A. Pursuant to that ce1tain Whelan Ranch Conservation Bank hnplementation Agreement (the "Implementation Agreement") dated December 4, 1997 by and among Seller, as "Prope1ty Owner", The California Depaitment of Fish and Game ("CDFG"), and The United States Fish and Wildlife Service ("USFWS") (CDFG and USFWS are refeITed to collectively hereinafter the "Wildlife Agencies"), the Wildlife Agencies have acknowledged the creation of the Whelan Ranch Conservation Bank (the "Conservation Bank") and the right of Seller to sell "Conservation Credits" as provided fmther therein. B. Purchaser desires to mitigate the loss of ce1tain natmal habitat values on real prope1ty located in San Diego County California commonly known as Ali Arani Project (the "Purchaser's Prope1ty"). C. Purchaser has agreed to purchase from Seller, and Seller has agreed to sell to Purchaser 0.2 Conservation Credits (the "Conveyed Credits") from the Conservation Bank on the tenns and conditions set fo1th herein. NOW, THEREFORE, in consideration of the agreements and acknow1edgments set fo1th herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Seller and Purchaser hereby agree and acknowledge as follows: 1. The purchase price for the Conveyed Credits shall be $6,000.00 (the "Purchase Price"). 2. Purchaser has deposited with Seller, or shall deposit with Seller on or before March 10, 2004 (the "Closing Date"), immediately available funds in the amount of $6,000.00. 3. Upon satisfaction of the conditions set fo1th in Paragraphs 2 above, Seller shall execute and deliver to Purchaser the Acknowledgment of Sale of Conservation Credits attached hereto as Exhibit A. 4. Purchaser acknowledges and agrees that: (a) the purchase ai1d sale of the Conveyed Credits shall be made on an "AS IS, WHERE IS, WITH ALL FA UL TS" basis as provided for in the hnplen1entatio11 Agreement; and (b) no representations or wairnnties have been made or are made and no responsibility has been or is assumed by Seller or by any officer, agent, affiliate, or representative acting or purpo1ting to act on behalf of Seller as to: (i) the conservation value of the prope1ty conveyed to the Wildlife Agencies in establishing the Whelan Ranch Conservation Rank Purchase Agree1neut Page I of 4 ,·.120398 Conservation Bank, (ii) the conservation value or mitigation requirements of the Purchaser's Prope1ty, (iii) the acceptance of the Conveyed Credits by the Wildlife Agencies or any other governmental agency as mitigation for the loss of habitat values associated with the Purchaser's Prope1ty, or (iv) any other fact or circumstance which might affect the Conservation Bank, the Purchaser's Prope1ty, or the Conveyed Credits. 5. Time is of the essence in this Agreement. In the event the conditions set fmth in Paragraph 2 above have not been satisfied by the Closing Date, at Seller's election in its sole and absolute discretion, upon wdtten notice to Purchaser, this Agreement shall tenninate and neither patty shall have any fU1ther obligations hereunder except as provided in Paragraph 6 below. 6. Seller and Purchaser each represent to the other that it has not had any contract, agreement, or dealings regarding the Conveyed Credits with, nor any conununication in connection with the subject matter of this transaction through, any consultant, broker, agent, finder, or other person who can claim a right to a consultant fee, conunission or finder's fee in connection with the sale contemplated herein, other than the Seller's consulting contract with McCollum Associates. The Seller shall be solely responsible for any consulting fee owed to McCollum and agrees to indemnify, defend and hold Buyer hannless with respect thereto. In the event that at1y other consultant, broker or finder pe1fects a claim for a consultant fee or conunission or finder's fee based upon any such contract, agreement, dealings or conununication, the pmty through whom such claim is made shall be solely responsible for and shall indenmify, defend, and hold hannless the other patty from mid against said commission or fee and all costs and expenses (including without limitation reasonable attorneys' fees) incmTed by the other pa1ty in defending against such claim. The provisions of this Section 6 shall survive the tem1ination of this Agreement. 7. Purchaser and Seller agree that all understandings and agreements heretofore made between them or their respective agents or representatives are merged in this Agreement and the Exhibits attached hereto, and alone fully and completely express their agreement with respect to the subject matter hereof and supersede all p1ior agreements and understandings between the patties relating to such subject matter. Purchaser and Seller fmther agree that Purchaser has no responsibilities or obligations whatsoever regarding the "Conservation Credits" except as m·e expressly stated in this Agreement. 8. All deposits and any notice required or permitted to be made or given under this Agreement shall be made and delivered to the pmties at the addresses set fmth below each patty's respective signature. All notices shall be in writing and shall be deemed to have been given when delivered by courier, when transmitted by facsimile (upon confinnation of successfully completed transmission), or upon the expiration of two (2) business days after the dat,e of deposit of such notice in the United States mail, registered or ce1tified mail, postage prepaid, return receipt required. 9. This Agreement shall be governed and constmed in accordance with the laws of the State of California. In the event a dispute arises concerning the meaning or interpretation of any provision of this Agreement, or in the event of any litigation arising out of or related to Whelan Ranch Conservation Bank Purchase Agreement Page 2 of 4 v.120398 this Agreement, the paity not prevailing in such dispute or litigation shall pay any and all costs and expenses incmTed by the other paity in establishing or defending its rights hereunder, including, without limitation, comt costs and reasonable attorneys' fees. 10. This Agreement may be executed and delivered in any number of counterpaits, each of which so executed and delivered shall be deemed to be an 01iginal and all of which shall constitute one and the same instmment. Whelan Ranch Conservation Bank Purchase Agreement Page 3 of-I ,·.['.?0398 ( WHEREUPON, this Agreement has been executed as of the date first-above written. Whelan Ranch Conservation Bank Purchase Agreement SELLER: BA PROPERTIES INC., a Delaware corporation By: l(l::t I-' ~ Name: Robe1t J. Benson Its: Vice President By: ______________ _ Name: ------------------ Its: ------------------- Bank of America OREO Dept. Mail Code: CA9-703-21-01 333 S. Beaudry Ave, 21st Floor Los Angeles, CA 90017 Telephone: (213) 345-5329 Fax: (213) 345-0047 PURCHASER: ALIAR Its: ------------------- A.I.A. Architecture, Inc. P.O. Box 130684 Carlsbad, CA 92013 Telephone/Fax: (760) 438-2963 Page 4 of 4 v.120398 EXHIBIT "A" ACKNOWLEDGMENT OF SALE OF CONSERVATION CREDITS The undersigned Seller hereby acknowledges that it has sold and conveyed to Ali Arani ("Purchaser") 0.2 Conservation Credits from the Whelan Ranch Conservation Bank. All terms of this conveyance shall be governed by the provisions of the Conservation Credit Purchase-Deposit Agreement and Acknowledgment between Purchaser and the undersigned dated March 8, 2004. SELLER: BAPROPERTIES, INC., a Delaware corporation By: _l_,t/4_~ ___ :/_~ ~~-----1-- Name: Robert J. Benson · Its: Vice President j\whelan\exhibita.doc