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Home My WebLink AboutSDP 84-08A; BREHM LA COSTA APARTMENTS; Site Development Plan (SDP)fi ! J LAN'C . US.LANNING A~LICAT'ICN DISCRETIONARY ACTIONS " REQUEST o Zone Change DSpecific Plan o General Plan Amendment ~Site Development Plan o Tentative Tract Map (]Conditional Use Permit· .-.... -EJ Major Planrie9 Uni t Development OVariance o Master Plan DPlanning Commission Determination o Major Redevelopment Pennit DSpecial Use Permit DMinor Redevelopment Pennit [JStructure Relocation o Precise Development Plan [)Major Condominium Permit (check other boxes if appropriate) DCoastal Penni t (Portion of Redevelopment Area Only) Complete Descrlptlon ot ProJect (attach a:jdltlonal sheets If necessary) , 100 Unit, 8 Structure, 2-Story Apartment Project with one active and two passive recreation areas and required internal parkinq facilities on 4.358 acre multi-residential site. Legal Descriptlon (complete) Lot 224, MAP 11241 C File #85;"1,80366, DateMav 1980 , 1/ ! , Assessors Parcel Numberj7\ 223-021-13 A( i\) Zone General Plan ! EX1Stlng Land Use .}-/ll \..: I RDM Multi-residential Vacant .n? $ I Proposed Zone Proposed General Plan Site Acreage 0 Y , RDM N/A 4,3~8 Acres Owner V\pplicant - Name (Prlnt or Type) -Name I(Prlnt or Type) Brehm Communities Brehm c~mmunities Malllng Address Mallmg Address 2835 Camino del Rio South 2835 ca~ino del Rio South Ci ty and State Zip Telephone City F State Zip Telephone San Diego, CA 92108 293-7090 San Dieg~, CA 92108 293-7090 I CERl'IFY 'IHAT I AM 'IHE LEGAL (MINER AND I CERl'IFY ~T I AM 'IRE CWNER I S REPRESENTATIVE THAT ALL 'IRE ABOVE INFORMATION IS TRUE AND 'IHAT 'IRE N!DVE INFORMATION IS TRUE lAND CDRRECT 'It) 'IHE BEST OF MY KNOOLEDGE. AND CDRRECI' 'It) 'IRE BEST OF MY KNCWLEDGE. SI7~ ~./~ ,~~ ~ //. ~cer .SI~ ~ L-<-/' \~ 7-:E //~::ft.s lDa-t""e~llcatl.On Rec'd Received By . r'''' Recei\ed Recelpt ~V II: 27/8->' . Kif flJt/4J ls'b~_ ~ \ ~ ~-;; , S-v6~ -Date Appllcatl.on Rec'd I stat't Assigned , \ Case Nunber , , SDP '(S--.· /g •• • First American Title Insurance Company 411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101 • (619) 238-1776 November 20, 1985 BREHM COMMUNITIES 2835 Camino Del Rio South, Suite 200 San Diego, California 92108 ATTN: BILL HOOVER Our Order No. 909089-20 Dated as of November 15, 1985 at 7:30 a.m. CAL SCROGGINS/ja TITLE OFFICER The form of policy title insurance contemplated by this report is: PRELIMINARY TITLE REPORT Title to said estate or interest at the date hereof is vested in: BREHM COMMUNITIES, a California corporation 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: Lot 224 of CARLSBAD TRACT NO. 84-23, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 11241, filed in the Office of the County Recorder of San Diego County, May 22, 1985. ORDER NO. 909089-20 • 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 1985-86, now payable. Affects property in question with other property. 2. A 1915 Act Bond, currently collected on the tax roll, Assessment No. 101, District 76-3 of San Marcos County Water District, in the City of Carlsbad. 3. SUPPLEMENTAL TAXES FOR THE FISCAL YEAR 1985-86. ORIGINAL 1st INSTALLMENT $210.64 OPEN ORIGINAL 2nd INSTALLMENT $210.64 OPEN As to Parcel No. 849-034-37-84. 4. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 5. An Agreement regarding public facilities fee, dated July 8, 1981, upon the terms, covenants, and conditions contained therein. EXECUTED BY AND BETWEEN: DAON CORPORATION and THE CITY OF CARLSBAD, a municipal corporation. RECORDED: September 8, 1981 as File No. 81-286838 of Official Records. Reference is made to said instrument for further particulars. 6. An Agreement regarding public facilities fee, dated july 8, 1981, upon the terms, covenants, and conditions contained therein. EXECUTED BY AND BETWEEN: The Woodward Companies and THE CITY OF CARLSBAD, a municipal corporation. RECORDED: September 23, 1981 as File No. 81-302951 of Official Records. Reference is made to said instrument for further particulars. 7. An Agreement regarding public facilities fee, dated January 6, 1983, upon the terms, covenants, and conditions contained therein. EXECUTED BY AND BETWEEN: THE WOODWARD COMPANIES and THE CITY OF CARLSBAD, a municipal corporation. RECORDED: January 20, 1983 as File No. 83-020857 of Official Records. Reference is made to said instrument for further particulars. ORDER NO. 909089-20 PAGE NO.3 e. ·e 8. A Deed of Trust to secure an indebtedness in the original principal sum of $11 ,857 ,000.00, and any other amounts and/or obligations secured thereby, recorded November 26, 1984 as File No. 84-440460 of Official Records. DATED: November 20, 1984 TRUSTOR: BREHM COMMUNITIES, a California corporation TRUSTEE: HOME FEDERAL SAVINGS AND LOAN ASSOCIATION, a corporation BENEFICIARY: HOME FEDERAL SAVINGS AND LOAN ASSOCIATION, a corporation organized and existing under the laws of The United States Of America Affects the property herein described with other property. 9. A Deed of Trust to secure an indebtedness in the original principal sum of $627,924.00, and any other amounts and/or obligations secured thereby, recorded January 22, 1985 as File No. 85-021201 of Official Records. DATED: December 6, 1984 TRUSTOR: BREHM COMMUNITIES, a California corporation TRUSTEE: FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation BENEFICIARY: SAN MARCOS UNIFIED SCHOOL DISTRICT Affects the property herein described with other property. 10. The Condition that building permits will not be issued for development on the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such permits and will continue to be available until time of occupancy, as set forth in a recital Map No. 11241. 11. The fact that the ownership of said land does not include any rights of ingress or egress to or from Corintia Street, adjacent thereto said rights having been relinquished on Map No. 11241. Affects Lot 224, except the portions designated "Access No.4" and "Access No.5" for driveway purposes. 12. An Agreement regarding holding drainage harmless, dated April 1, 1985, upon the terms, covenants, and conditions contained therein. EXECUTED BY AND BETWEEN: BREHM COMMUNITIES and City of Carlsbad. RECORDED: June 13, 1985 as File No. 85-210264 of Official Records. Reference is made to said instrument for further particulars. 13. An Agreement regarding public facilities fee, dated April 15, 1985, upon the terms, covenants, and conditions contained therein. EXECUTED BY AND BETWEEN: Brehm Communities and THE CITY OF CARLSBAD. RECORDED: July 10, 1985 as File No. 85-246097 of Official Records. ORDER NO. 909089-20 PAGE NO.4 • 14. The fact that said land lies within The San Marcos County Water District known as Assessment District No. 76-3 as disclosed by a Notice of Amended Assessment recorded August 13, 1985 as File No. 85-291414 of Official Records. 15. An easement for underground facilities and appurtenances for the transmission and distribution of electricity, pipelines and appurtenance for any and all purposes, communication facilities, and appurtenances and incidental purposes in favor of San Diego Gas and Electric Company, a corporation, recorded November 15, 1985 as File No. 85-430379 of Official Records, described as follows: That certain strip of land 10.00 feet in width, lying with said Lot 224, lying adjacent to, coincident with and Easterly of the following described reference line: Beginning at the most Easterly corner of Lot 223 of said Carlsbad Tract No. 84-23; thence along the Easterly line thereof South 09°56'00" West, 5.00 feet. Reference is made to said instrument for further particulars. 1985-86 TAX INFORMATION: CODE AREA: PARCEL NO.: 1ST INSTALLMENT: 2ND INSTALLMENT: LAND VALUE: IMPROVEMENTS: EXEMPT: 09076 223-021-13 $29,321. 39 OPEN $29,321.39 OPEN $4,900,000.00 $-0- $-0- Affects property in question with other property. Disk No. C-2075 .. :-~ . ..; - " ~.el IJlII.Jlnll.'" eOM'''''' "Pot .I.at' ...... IA' .uee Uln, .... IIlIt "u~r 'ncl"l ntlt .In pt'.'C. MITt C .. l .... C.,,, ...... u ... TtL' .... O.UIl' ... I?U."' CARLSBAD rRACT NO. 84-23 ~~ ~ ~~ SCALE' I" = 50 SV:.~ c:.:> "-,,~ l~ .~ .C:) s<Y~ ('>-"'-., ~S' ~, .rt· f" ....... .' "-.... \) ~. POiL NE. J/~; s;:-r 3D ~~c: CO~/'S.:' ~".~-f'C.." S;: ".s ~<'"<'""."SfCJv ~<'"«(Ol" ~ ~ ~"" <"<" .. 'S-S-<'"o4-~ ~o:".c 'V'Z: ---SUBDIVISIO'" BOUNDARY T. 12 S. n. 3 M 241 9 SHEETS ~ ,0(3!'IS'C5"'f p ••••• • (R! \ \ Y1'. , I J:/. • ..-. D. (£) ~rrli!'" 0";1,.., FORM NO.1 068-A (1 0/85) CLTA Preliminary Report (Rev. 11/18/82) • • PRELIMINARY REPORT In response to the herein referenced application for a policy of title insurance, this Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth herein. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assu med hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. First American Title Insurance Company 411 Ivy Street P.O. Box 808 (92112) San Diego, California 92101 (619) 238-1776 PRELIMINARY REPORT LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1973 SCHEDULE B This policy dces not insure against loss or damage, 'nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: Part I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspec- tion of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, orclaims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or excep- tions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule A, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent towhich the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulation or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions, or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other mat- ters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Com- pany prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encum- brancer for value without knowledge. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regUlating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, orthe effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest by this policy and not disclosed in writing by the insured claimant to the Company priorto the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage tothe insured claimant; (d) attaching or created subsequent to Date of Policy; or(e) resulting in loss ordamage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY -1979 EXCLUSIONS In addition to the Exceptions in Schedule S, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. 2. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • land division • improvements on the land • environmental protection This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. The right to take the land by condemning it, unless a notice of taking appears in the public records on the Policy Dat@, (List of printed Exceptions and Exclusions Continued) " •. . . . ~ e-• 3. Title Risks: • that are created. allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date -unless they appeared in the public records. • that result in no loss to you • that first affect your title after the Policy Date -this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a nght: • to any land outside the area specifically descnbed and referred to in item 3 of Schedule A, or • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage In Item 5 of Covered Title Risks. SCHEDULE B -EXCEPTIONS In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Any rights. Interest or claims of parties in possession of the land not shown by the public records. 2. Any easements or liens not shown by the public records. ThiS exception does not limit the lien coverage in Item 8 of Covered Title Risks. 3. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This exception does not limit the forced removal coverage in Item 12 of Covered Title Risks. 4. Any water nghts, claims or title to water on or under the land. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company pnor to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy(except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under constructio,l or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy orof any subsequent ownerof the indebtedness to comply with applicable "doing business" laws of the state In which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM B -1970 (AMENDED 10-17-70) WITH REGIONAL EXCEPTIONS SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, orthe effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest by thiS policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; oriel resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this poiicy. (List of pnnted Exceptions and Exclusions Continued on Reverse Side) 5. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM B -1970 (AMENDED 10-17-70) -(Continued) SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 1. Taxes or assessments which are not shown as eXisting liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents orin Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 WITH ALTA ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70) WITH REGIONAL EXCEPTIONS SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, orthe effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an Insured hereunder; (c) resulting in no loss or damage tothe insured claimant; (d) attaching or created subsequent to Date of Policy(except to the extent insurance is afforded herein as to any statutory lien for labor or matenal or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. U nenforceability of the lien of the Insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "dolng business" laws of the state in which the land is situated. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents orin Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. • ~ " " ' . [l) ,.,J • 1.---------------------------------,---------r------------------------------~ l ! CITY OF CARLSBAD 1200 ELM AVENUE C~~RLSBAD, CALIFORNIA 92008 4~8·5621 REC'D FROM_-----'-/~~5_r'_:,_-_It_' :.....:./ 1---,-1 __ "----'/..:..' i _! _1 !_I...:..' -t-'-.J<_J,,--i ..:.-,-_)_<,,,-;;, _<:..L'-_____ DATE // ~;l ?-}"S .",' ACCOUNT NO. DESCRIPTION I TOTAL RECEIPT NO. 5:5614 I ____ .1_ ____________ ____ _ _ _.' AMOUNT -._:> ---- j : -I I I I I I I I I. I : 1 .. • I , 4It DISCLOSURE FORM • APPLICANT: .JlJ2ellm ODmIJ'J(}PIT/CJ -.~~ AGEl\lT: MEMBERS: Name (individual, partnership, joint venture, orpo~ation syndication) !2.8.:z.r C/Jm/.,J.)o j)tJ. 12M ..1\ Business Address Telephone Number Name Business Address Telephone Number Name (individual, partner, joint venture, corporation, syndication) Business Address Telephone Number Name p)., { Business Address Telephone Number Home Address Telephone Number Home Address Telephone Number (Attach more sheets if necessary) The applicant is required to apply for Coastal Commission Approval if located in the Coastal Zone. I/We declare under penalty of perjury that the information contained in this disclosure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. BY