HomeMy WebLinkAboutPCD 44; OAKTREE CONCEPTS; Planning Commission Determination (PCD)U
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4PPUCATI4N
REQUEST
Ozone Change DMinor Redevelopment Permit
OGeneral Plan Amendment LJ?recise Developiient Plan
DTenative Tract Map LiSpecific Plan
QPlanned Unit Development DSite Developent Plan
OMajor Condominium Permit Dconditional Use Permit
OMinor Condominium Permit DVariance
DMaster Plan iPlanning Commission Determination
DMajor Condominium Conversion 0 Special Use Permit -
DMajor Redevelopment Permit Dminisbrative Variance
(check other boxes if appropriate)
complete Description of Project (attach additional sheets if necessary)
Proposed construction of 13 apartments ( 10-2br. and 3-3br. ) with 24 parking spaces,
individual patio balconies and outdoor common recreational area.
Location of Project -: 1016 Laguna Dr. in the City of Carlsbad
Legal Description (complete)
The easterly 67.6 feet of lots I to 6 inclusive, in Block 13 of SUNNY SLOPE TRACT,
in the City of Carlsbad, according to 'Map thereof No. 486, filed in the Office of
the County Recorder of San Diego County, February 7, 1883
Assessors Parcel Number 155-272-16
Zone - General Plan Existing Land Use
R-3 R.M.H. NONE - Former residence
Proposed Zone Proposed General Plan Site Acreage
N1\ NA .46 of acre, 20,209.60 square feet
- Owner - Applicant
Name (Print or Type) Name (Print or Type)
Richard T. Gilbert Oaktree Concepts, Harold W. Curry
Mailing Address Mailing Address
2810 Elmwood Ave. 265 B-9 So. Bent Ave.
City and State Zip Telephone City and State Zip Telephone
Carlsbad, Ca. 92008 729-1280 San Marcos, 92069 744-3533
I CERTIFY THAT I AM THE LEGAL OWNER AND I CERI5Y THAT I AM THE OWNER'S REPRESENTATIVE
THAT ALL THE ABOVE INFORMATION IS TRUE AND THAT ALL THE ABOVE INFORMATION IS TRUE
AND CORRECT 1]X) THE BEST OF MYN)WLEDGE. AND CORRECT TO THE BEST OF ITI KNOWLEDGE.
SIGNATURE 1)6&)4.JLM)TE April 6, 1 35 DATE April 6, 1 983
iJste AppltcatLo'1, Rac d Rscei a&By Eees Rece3ved PeCIpt /
te -April "catipnPc1 Stai4s'gnd , . ,
• -••
CITY
ELM AVENUE
OF CARLSBAD,
• CARLAóC.LIÔRNIA8 DJ MC
(714) 4-5&1 / 3 iD IL
RECEIVED FROL k4 E OATE I
ADDRESS
A/c. NO. DESCRIPTION AMOUNT
____ E /
- /3141S1s?)
!
TOTAL J5
if after the information you nave sumittec cias ceen reviewed, it is determined
that further information s required, you will be so a sed.,.
PPLICNT: Richard T. Gilbert an individual
Name (individual, partnership,. joint venture, corporation, syndication)
2810 ElmwoodAve. Carlsbad, California 92008
Business Address
729-1280 1
Telephone Number
AGENT: Harold W. Curry pres. Oaktree Corporation
Name
266 B-9 So. Bent Ave. San Marcos, Ca. 92069 V
Business Address
744-3533
Telephone Number
MEMBERS: none V
Name-(individual, partner, joint Home Address
venture, corporation, syndication)
Business Address
Telephone Number
Name
Business Address
Telephone Number
Telephone Number
Home Address
Telephone Number
(Attach more sheets if necessary)
I/ce declare under per.alty of perjury that the information contained in this dis-
closure is true and correct and that it will remain true and correct and may be
relied upon as being true and correct until amended. -
• - V Richard T. Gilbert V
APPlicant
BY Harold W. Curry
V
• V
Agent, -
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April 6, 1983
City of Carlsbad
Planning Department
1200 Elm Avenue
Carlsbad, Ca. 92008
Re: Proposed Apartments at 1016 Laguna Dr.
STATEMENT
An application for a Planning Commision Determination is presented
herewith together with proposed construction plans for a 13 unit apartment
building.
These apartments are planned to be built upon a lot comprising of a
total area of 20,209.50 square feet with all design criteria conforming to
the R-3 Multiple-Family Residential Zone.
Existing Zone is R-3 with a master Plan designation of R.M.H. allow-
ing for a standard density of 20 units per acre. The design submitted con-
forms to the requirements of the R-3 Zone, however the proposed density is
equivalent to 30 units per acre based upon Section 21.16.070 of the R-3
Multiple-Family Residential Zone of Carlsbad and as such requires a final
decision of approval by the Planning Cimmision,
It is therefore respectfully requested that the apartment project
heretofore set forth be approved as shown in the design for the construct-
ion of 13 apartments.
OAK REE PT
DATED:April 6, 1983
Harold W. Curry,
255 B-9 So. Bent Avenue • San Marcos, California 92069
744-3533 • 729-6955
LIC. #41 7802
RECORDING REQUESTED B•ND )
WHEN RECORDED MAIL TO )
) ...V/P
CITY OF CARLSBAD )
1200 Elm Avenue )
Carlsbad, California 92008
Space above this line for Recorder's use
Documentary transfer tax: $ No fee
1'/;L V4 K
Signature of declarant
tax-firm name
City of Carlsbad
et ermin ing
Parcel No. 155-272-16
V
V AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
- V PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 6 day of April 19 83
by and between Richard T. Gilbert
(name of developer-owner)
an Individual hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is 2810 Elmwood
V
(street)
Carlsbad, California 92008 and THE CITY OF
(City, state, zip code)
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm Avenue,
Carlsbad,, California, 92008.
W I T N E S S E TH:
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 wit)in the boundaries of City; and
WHEREAS, Developer proposes a development project as follows:
13 Apartments with 24 parking spaces
REV 4-2--82
- , on said Property, whidevelopment carries the &posed name of
None
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the -6 day of April
19 __, with the City a request for /\ Planning Commision Determination
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 fcilities
and services are at capacity and will not be available to accommodate
the additional need for public facilities and services resulting from
the proposed Development; and
WHEREAS, Developer has asked the City to find that public
facilities and services will be available to meet the future needs of
the Development as it is presently proposed; but the Developer is
aware that the City cannot and will not be able to make any such
finding without financial assistance to pay for such services and
facilities; and therefore, Developer proposes to help satisfy the
General Plan as implemented by Council Policy No. 17 by payment of a
public facilities fee.
-2-
REV 4-2-82
-,
NOW, THEREFORE consideration of the rta1s and the
covenants contained herein, the parties agree as follows:
1. The Developer shall pay to the City a public facilities fee
in an amount not to exceed 2% of the building permit valuation of the
building or structures to be constructed in the Development pursuant
to the Request. The fee shall be paid prior to the issuance of
building or other construction permits for the development and shall
be based on the valuation at that time. This fee shall be in
addition to any fees, dedications or improvements required pursuant
to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer
shall pay a fee for conversion o f existing building or structures
into condominiums in an amount not to exceed 2% of the building
permit valuation at the time of conversion. The fee for a
condominium conversion shall be paid prior to the issuance of a
condominium conversion permit as provided in Chapter 21.47 of the
Carlsbad Municipal Code. Condominium shall include community
apartment or stock cooperative. The 'terms "other construction
permits", "other construction permit" and "entitlement for use" as
used in this agreement, except in reference to mobilehome sites or
projects, shall not refer to grading permits or other permits for the
construction of underground or street improvements unless no other
permit is necessary prior to the use or occupancy for which the
development is intended. Developer shall pay to City a public
facilities fee in the sum of $1,150 for each mobilehoine 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 iu addition to any fees, dedications
or improvements required according to Titles 18, 20 or 21 of the
Carlsbad Municipal Code.
-3-
REV 4-2-82
.1 2. The Developer may offer to donate a site or sites for public
facilities in lieu of all or part of the financial obligation agreed
upon in Paragraph 1 above. If Developer offers to donate a site or
sites for public facilities, the City shall consider, but is not
obligated.to accept the offer. The time for donation and amount of
credit against the fee shall be determined by City prior to the
issuance of any building or other permits. Such determination, when
made, shall become a part of this agreement. Sites donated under
this paragraph shall not include improvements required pursuant to
Titles 18or 20 of the Carlsbad Municipal Code.
3. This agreement and the fee paid pursuant hereto are required
to ensure the consistency of the Development with the City's General
Plan. If the fee is not paid as provided herein, the City will not
have the funds to provide public facilities and services, and the
development will not be consistent with the General Plan and any
approval or permit for the Development -shall be void. No building or
other construction permit or entitlement for use shall be issued
until the public facilities fee required by this agreement is paid.
4. City agrees to deposit the fees paid pursuant to this
agreement in a public facilities fund for the financing of public
facilities when the City Council determines the need exists to
provide the facilities and sufficient funds from the payment .of this
and similar public facilities fees are available.
5. City agrees to provide upon request reasonable assurances to
enable Developer to comply with any requirements of other public
agencies as evidence of adequate public facilities and services
sufficient to accommodate the needs of the Development herein
described.
-4--
' REV 4-2-82
.6. All obligati hereunder shall terininalin the event the
Requests made by Developer are not approved.
7. Any notice from one party to the other shall be in writing,
and shall be dated and signed by the party giving such notice or by a
duly authorized representative of such party. Any such notice shall
not be effective for any purpose whatsoever unless served in one of
the following manners:
7.1 If notice is given to the City of personal delivery
thereof to the City or by depositing same in the United States Mail,
addressed to the City at the address set forth herein, enclosed in a
sealed envelope, addressed to the City for attention of the City
Manager, postage prepaid and certified.
7.2 If notice is given to Developer by personal delivery
thereof to Developer or by depositing the same in the United States.
Nail, enclosed in a sealed envelope, addressed to Developer at the
address as may have been designated, postage prepaid and certified.
8. This agreement shall be binding upon and shall inure to the
benefit of, and shall apply to, the respective successors and assigns
of Developer and the City, and references to Developer or City herein
shall be deemed to be reference to and include their respective
successors and assigns without specific mention of such successors
and assigns. If Developer should cease to have any interest in the
Property, all obligations of Developer hereunder shall terminate;
provided, however, that any successor of Developer's interest in the
property shall have first assumed in writing the Developer's
obligations hereunder.
9. This agreement shall be recorded but shall not create a lien
or security interest in the Property. When the obligations of this
agreement have been satisfied, City shall record a release.
-5--
REV 4-2-82
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER–OWNER: CITY OF CARLSBAD, a municipal
corporation of the
State of California
RICHARD T. GILBERT
(ni e)
BY
'
BY
City Manager
I
CAT. NO. NN00627
TQ1944 CA (7-82) INSURANCE
SAND
(hJdividuai)
TRUST
ACOR COMPANY
STATE OF CALIFORNIA
COUNTY OF San Diego }
On April 6, 1983 before me, the undersigned, a Notary Public in and for
said State, personally appeared Richard T. Gilbert
personally known tome or
proved to me on the basis of satisfactory evidence to be
the person—whose name is subscribed to the
instrument he
OFFICIAL SEAL
1 within and acknowledged that cxc-
cuted the same. $
Belinda Mouser
PUBLIC CALIFORNIA J WITNESS my hand and official seal.
NOTARY PRINCIPAL OFACE IN
SAN DIEGO COUNTY
Signature ItML A-'
My COMMISSION EXPIRES DEC. I 1986
1
(This area for official notarial seal)
VINCENT F. BIONDO, JR.,
City Attorney
(Notarial acknowledgement of execution by DEVELOPER–OWNER must be
attached.)
om
REV 4-2-82
O .
EXHIBIT "A"
LEGAL DESCRIPTION
The Easterly 67.5 feet of lots 1 to 6 inclusive, in Block 13 of SUNNY
SLOPE TRACT, in the City of Carlsbad, according to Map thereof No. 486
filed in the Office of the County Recorder of San Diego County, February
7, 1883.
7608$1.-1 F r ~E,1 low I
RECORDING REQUE SlED BY 76-34 2018 FiLE/PAGE NO....
BOOK 1976
AN D WHEN RFC. PDE PA': THS DEEL Arm, UNLE SS RECORDED REQUEST OF
OrHERWISE HOVN BELOV MAIL lAX STATEM[NTS TC.: FIT AMERICAN TITLE CO.
Richard T. Gil OCT20 8:QOAM7&bert and OFFICIAL RECORDS Marcella D. Gilbert SAN DIEGO COUNTY, CALIF. 2810 Eamwood BARLEY F. BLOOM Carlsoad, CA 92008 RECORDER
SPACE ABOVE THIS LINE FOR RECORDERS USE $4.00
City of Carlsbad Parcel No.: 355-272-16 (City orL mcor))orated')
Grant Deed
TRAN!R07EP rx p,aJrj
\iJt.Nc:) GILANTuL Dii) AT)E HARLEY F. B-OOM, t*CIt
DU I I Al ii. i ER TAX 1- S7.3O
on ft' t of;r it, neved. or
d ,ri '.due i' aioe of Lens or eneuiniiraru e- 0.. i'ing at tone uf d. and
ROBERT C. ?R~',RSC)N and DARLM M. PEUSON, husband and wife,, and
W. DEAN MILLER and MAR1A!.... husband and wife
For a Valuable Coi:5d1 '. ft r ibe i'€ceipt 01 which is hereby acknow''i'd. Lsicly G R A NT,s
To... f GIL and MARCELLft.. an.dwife as cun1ty
. .....................
all that real oo1erh situated ir the C;iurit of _ .........State of California, described as foilos:
The Easterly 67.5 feet of Lots 1 to 6 inclusive, in Block 13 of SUNNY SLOPE TRACT, in the City of Carlsbad, according to Map thereof No. l.86, filed in the Office of-the County Recorder of San Diego County, February 7, 1883.
Dated earson
STAT[OFC'JIFOhN!A
CO(NTY o. .SAN..D]EG..0.........................................).": .. ....
Or Octclber ~5, 1976 1.rn the unde
lier
....
r Ian B. Miij..er
...........known to me
to he the 'rsi 'a............WIn ' na roe... I S.....subscribed to the within OFFICIAL SEAL
instrument and akn,isItdgil that.......he...............eiecuted the same. E. BARBARA MUMFORD
WITNESS my band and official seal. NOTARY PUBLtC.CAI.EORN1A
PRNCIPAL OFF .E .P s
SAN DIEGO COUNTY
1977
..4t
My CWmission Expires May
Signature.
(This are& for official notarial sea])
MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SHOWN, MAIL AS DIRECTED ABOVE
(Name) . . .
---. ---.--
V., S
CASE NO.: - DATE RECEIVED: (2,24 I 9d
APPLICANT: (l24&cQ
REQUEST:
iuIahIWW
Posted: Compliance:
Filed: Filed:
NEGATIVE DECLARATION:__________________________
Posted: - / 3 Published: IV 43 Notice of Determination:_______
ENVIRONMENTAL IMPACT REPORT:____________________
Notice of P°S4) 4I.g-3 Notice of Notice of
Preparation: 4ot p_ Completion:
1 11-
PLANNING COMMISSION
1. Date of Hearing: %1.12- S ,I 3
2. Publication:_____________________________
3. Notice to Property Owners:_______________
4. Resolution No. 242J Date :/2/ ' ) ACTION: (oi4 ôn*i
(Continued to:
_.
g
5. Appeal:
CITY COUNCIL
1. Date of Hearing:
2. Notices to City Clerk:.............
3. Agenda Bill: ..
4. Resolution No ............Date: ACTION
5. Ordinance No; Date:
CORRESPONDENCE
Staff Report to Applicant ,.......
Resolution to Applicant:'. .
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