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HomeMy WebLinkAboutPCD 44; OAKTREE CONCEPTS; Planning Commission Determination (PCD)U 0 X . U) 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, - 0 I ()EiGI'J uIt;;'rj'lG Curoi i(t4OL)!.UIG A!)DJC)'t WJfl) C;Uth'IEt :rJ ell 4;tG1A. Ii)'Jii( JAL TAJii WAY Z ?itL)JECT CC)t'I.EiE i'J1!.LJI / Ei(VJCEZ S'10E o A r t it I 4 U II D It -400L 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:'. . I \ 'Ail •I '-- 77 ;, :. :, , ' " j J c 1 .....k ., 4 - ' ; A i-:'----r —r— )-_ fr 4-___ I 11 '- f I , f . l -( , j c 11 : : l:1_________ L - ir;) \m_:; ' ' , I :;:. ' • J ' • y:,1: , Lii I r-'•----- % - 1 -. ' : ,'•:ç f-'; :, - I - ' ' -r ( . I ; ' , ' A L — -. 1 \ - \ ' '. - - r t I ' ' - .-.- -- I ' ., - ' ,. I - r •I I - _ -- ( - - -: - - - - /ilt , 2' I 4 / - ___ J % 11, Al I > 4 1 t I I ' L i r • :1' .. ' .' : , ~ j ). c?:r, ? I: . :. 'I.: : :; ' :- !I!III:E : ' I I 41 ' 1 ;,iuu_i.uiiui.__ I __ I . : : : I : , I :1- 1 • I 4 f < - I •è ,,.,, . J ; ' 0 I 11 L I - .. ! • I I I _ , .. , , , - 11 I 1' I ' L__ - L T' ' I c - I LA U N : on I , I; I ',j 'I .: . ; , ::.. :;, i' 2 . :- : ,: . I f L j .( - ( I I rI \ ( 11 ; I I /3 I : I I I C I ( ' - . I : ; :: I 3 .. , ,.. . . ':: . 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