HomeMy WebLinkAboutSDP 85-04; STANGER DENTAL OFFICE; Site Development Plan (SDP)'\-
I .'
US.PLANN.ING .PLICATIDN LAND -. '~.
" · ..... i' " -DISCRETIONARY ACTIONS i
.... REQUEST
-
o Zone Change OSpecific Plan
o General Plan AIn!=ndment , ~Site Development Plan
;. . o Tentative Tract Map []Oonditional Use Permit ~f o Major Pla11Ped Unit Development OVariance
DMaster Plan [JPlanning Commission Determination o Major Redevelopment Permit OSpecial Use Permit
DMinor Redevelopment Permit []Structure Relocation o Precise Development Plan OMajor Condominium Permit
(check other boxe~ if appropriate) DCoastal Penni t (Portion of Redevelopment
Area Only)
Complete DesCription of ProJect (attach additional sheets if necessary) .
2 story denta 1 office, wood frame, plaster exterior, total building area
2835 square feet. Asphalt paved parking area for 18 cars.
Legal Description (complete)
Of Parcels 1. 2, & 3 of that portion of Lot 4 (fractional S.\\I. of the
s.~! 1/4) Section 31, Township 11 South, Range 4 West, San Bernardino Meridian,
in the County of San Diego, State of IAssessors Parcel NUl'IiJe7 California, according to map thereof. 16/P",laO ... h
Zone General Plan Existing Land Use
RP ~ N/A Residential
Proposed Zone Proposed General Plan Site Acreage
RP N/A .37
(kme:t Applicant
Name (Print or Type) Name (Print or Type)
.. .JlleK y. KfL8ori+ Dr. Alan Stanger
lMalllng Address Malllng Address
~(P5 pj(yrlleo ])f{'~ -2182 El Camino Real, Ste. 106
City arid State Zip Telephone City and State Zip Telephone
. C arLS/3/t D~ C'(L QJrx;;8 ('619)'1J,cI·7llf'1 . (ke'ansi de', CA' 92054 (619) 433-0256
I· CERTIFY "mAT I AM '!HE LEGAL avNER AND I CERTIFY "mAT I AM '!HE CMNER I S REPRESENTATIVE
THAT ALL '!HE ABOVE INFORMATION IS TRUE AND "mAT ALL '!HE ABOVE INFORMATION IS TRUE
AND CX>RRECT '10 '!HE BEST OF MY ~E. AND CX>RRECT '10 '!HE BEST OF MY RNcm.EDGE. . ......
/ SI~ ~ DATE YJ/t) Jo/y/ ~ DATE .
2;21,/15 Wf;;~· z·z7-8~
i~ t;1cIItiICD !!e¢'q . ·ll8de1~B .. ~W.r}~. ~lpt. lb. ., . . . y
:. $·lf~· ........... . J '" .... .: . VI' to·fo Y , . . . " ,','", , . . """6..
Date' A~Hcatlon Jtec'd: Ass,tg.Iied .' . -"lease Ntlllt>er . . .
-SD,·p ~ cr s:~ If ' . , .
J
------~~~----------------~--------~
I. SPECIFIC RE!P.REMENTS •
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 + $5.00 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) copi~s of item A
items E-P
3. Fee: $530.00 (1-25 lots Qr units)
$765.00 (~6-100 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
Major Planned Revelopment (5 or more units)
1. Application 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---
tenta~ive map.
•
CHICAGO TITLE COMPANY OF SAN DIEGO
555 WEST BEECH STREET, SUITE 101
SAN DIEGO, CALIFORNIA 92101 -(619) 232-8921
PAGE 1
PRELIMINARY REPORT
CHICAGO TITLE COMPANY OF SAN DIEGO
555 WEST BEECH STREET, SUITE 101
SAN DIEGO, CALIFORNIA 92101
Attention: BARBARA MILLER
Your No.
Our No.
Disk No.
7578-B
49160-7
23
In response to the above referenced application for a policy of title
insurance, Chicago Title Company of San Diego, hereby reports that it is
prepared to issue, or cause to be issued, as of the date hereof, a California
Land Title Association Standard Coverage form Policy 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 below, or not excluded
from coverage pursuant to the printed Schedules, Conditions and Stipulations of
said policy form.
This report (and any supplements or amendments thereto) is issued solely for
the purpose of facilitating the issurance of a policy of title insurance, and
no liability is assumed 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. Date:~N;;.;.;O;;....;V..;:;;EMB=ER=,-=2.:....7 .... , ..,;;1;,;;.9.,;;..84-'--____ at 7: 30 A.M. __ £::~~%~/~~~:~(__::~~ .. /7; ___ ~_=_=~=__:_
SHELLY ARNESEN/REID ARNESEN
Title Officers
The form of policy of title insurance contemplated by this report is:
CLTA OWNERS AND ALTA LENDERS
The estate or interest in the land hereinafter described or referred to covered
by this report is: A FEE
Title to said estate or interest at the date hereof is vested in:
JACK Y. KUBOTA AND PATRICIA R. KUBOTA,
husband and wife, as joint tenants
The land referred to i~ this report is describ'ed as follows:
SEE LEGAL DESCRIPTION ATTACHED
Order No. 49160
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, a lien now payable, for the fiscal year
1984-85.
2. The lien of supplement taxes, if any, assessed pursuant to the
provisions of Chapter 498, Statutes of 1983 of the State of
California.
3. The fact that ownership of said land does not include any rights of
access from the freeway adjacent to said land. Said rights having
been relinquished, condemned or reserved in an instrument recorded
November 12, 1952 in Book 4652, page 35 of Official Records.
Said access rights have been relinquished in various instruments of
record.
4. An easement for undisclosed and incidental purposes in favor of THE
CITY OF CARLSBAD, recorded July 12, 1968 as File No. 117350 of
Official Records.
Described as follows:
10 feet in width lying contiguous to and Northeasterly of the
following described line:
Beginning at a point on the Southerly line of said Lot 4, being
also the centerline of Buena Vista Way, distant along said
Southerly line North 89 Degrees 26'43" West, 96.48 feet from the
Southeasterly corner of said Lot 4; thence (1) North 21 Degrees
40'16" West, 427.77 feet; thence (2) North 12 Degrees 49'18" West,
196.26 feet; thence (3) North 07 Degrees 01'01" West, 43.19 feet to
the Southerly line of Road Survey No. 316, distant along last said
Southerly line South 89 Degrees 25'51" East, 14.85 feet from the
Easterly terminus of course described in deed to the State of
California as "--al ong a tangent curve to the right with a radius
of 22 feet, through an angle of 90 Degrees 03'40" a distance of
34.58 feet to a point of cusp in the Southerly line of Road Survey
316-.", recorded November 12, 1952 in Book 4652, page 35 of
Official Records.
5. A deed of trust, dated November 17', 1977 to secure an indebtedness
in the original principal sum of $25,000.00, and any other amounts
and/or obligations secured thereby, recorded December 30, 1977 as
File No. 77-540458 of Official Records.
tit
Trustor: JACK Y. KUBOTA AND PATRICIA R. KUBOTA, husband and
wife
Trustee:
Beneficiary:
MAR. VISTA FINANCIAL, INC.
OCEANSIDE FEDERAL SAVINGS AND LOAN ASSOCIATION, a
corporation
NOTE: It is our understanding that the buyers in this transaction are:
ALAN STANGER AND LOUISE STANGER
Please advise us immediately if the names are misspelled, or if there
are any other parties not shown herein above.
General and special County and City taxes, including personal property
taxes:
Fiscal year: 1984-85
Amounts for pro-ration purposes are:
Total: $625.52
First Installment: $312.76 OPEN
Penalty: $31.27
Second Installment: $312.76 OPEN
Penalty and costs: $41.27
Code area 09000
Parcel No: 156-120-67
Land Valuation: $33,451.00
Improvements: $22,301.00
Personal Property: $NONE
Exemption: $ NONE
INFORMATION NOTE: The premium of $710.00 is Basic Rate for a Clta
Owners in the' amount of $179,500.00.
INFORMATION NOTE: The premium of $160.00 is Basic Rate for a Alta
Lenders in the amount of $174,500.00.
CHICAGO TITLE COMPANY OF SAN DIEGO
555 WEST BEECH STREET, SUITE 1~1
SAN DIEGO, CALIFORNIA 92101 -(619)-232-8921
LEN D E R S SUP P L E MEN TAL REP 0 R T
Attention:
Your No.
Our No.
STANGER
49160-7
The above-numbered report (including any supplements or amendments
thereto) is hereby modified and/or supplemented in order to reflect the
following additional items relating to the issuance of an American Land
Title Association Loan form Policy as follows:
Neither the items shown in our Report, nor the items contained herein,
will affect our ability to attach CLTA Endorsement No. 100 to our ALTA
Policy when issued.
There is located on said land the following:
". 1273 LAS FLORES DRIVE, CARLSBAD, CA ".
The following is furnished for information only: The only conveyances
affecting said land recorded within 6 months of the date of this report
as follows:
NONE
•
EXHIBIT A .a
FORNIA LAND TITLE ASSOCIA~
STANDARD COVERAGE POLICY -1973
SCHEDULE B
This policy does 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 1
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 ascer-
tained by an inspection of the land or by making inquiry
of persons in possession thereof.
3. Easements, liens or encumbrances, or claims 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 cor-
rect survey would disclose, and which are not shown by
the public records.
5. (a) Unpatented mining claims: (b) reservations or ex-
ceptions 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 refer-
red 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 to which the or-
dinary right of an abutting owner for access to a physicially
open street or highway is insured by this policy.
7. Any law, ordinance or governmental regulation (in-
cluding 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, or-
dinance 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
matters (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 disclos-
ed 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 in-
sured 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 encumbrancer for value without
knowledge.
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY -1979
EXCLUSIONS -.
In addition to the exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting
from:
1. 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
improvements on the land
land division
environmental protection
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless a notice of taking appears in the public records on the
Policy Date.
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
/ien coverage in Item 8 of Covered Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
to any land outside the area specifically described 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.
F.2688·03
•
EXHIBIT A (Cont'd)
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
The following matters are expressly excluded from the coverage of this policy:
1. Any law, ordinance or governmental regulation (including but not limited to buildilJg 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 in-
sured 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 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 construction 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 or
of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state
in which the land is situated.
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, 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 in-
sured 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 claim-
ant; (d) attaching or created subsequent to Date of Policy; (e) 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 policy.
CITY C. CARLSBAD
1200 ELM AVENUE • CARLSBAD, CALIFORNIA 92008 " " . "
438-5551
RECEIVED FROM Me V-v i l tL,--\ lI\~ l DATE ~ / 71 B S-
ADDRESS
f-{J \ I C Ct :s k (l V-..Q~r:u"-lD ~+
A Ie. NO. DEseRIPTIO~.J AMOUNT
S l -\-e. --:b e u . --=? (Q v,-3~S --
00\-210-: "t",S S" 2. E I ~ /75 -
,;;;ji12.~.t.~ 30.?~
r1",1) '.;.'
~' §;?:'.2c-;, ~~\ i3~"';~ . ..., Cr.oQ-~ 1i>. _,I '';'',,-< ~
'1 '-,--. '''''';::;:::' .... S:.··.~:r.~~ ~ m I £:l;·/:~t:..-S J~' '"
,:---~ .I:::~: o;:j Q::> . t.h--
~,' _. '~' . 5;,Q 0/ "S} , "', ,'-I
"~~~~ j
47664 TOTAL S-40 -1
. , -l , ~ 'j
If after the information you have submitted has been r~viewed~ it is determined
,t.hat further information.equired, you wi.~~ be so ad,,:
APPLICANT:
AGENT:
NElolBERS:
AI-A N /), STfJ/JGEf<
Name {individual, partnership, joint venture., corporation_ syndication}
~ lea. £1' C!ItH//Jf) R£ltl.-.:5f.IO it;
Business Ad~ess
Telephone Number
DONIi' LD GO"/dmt I.J fJ. .I.l)
Name
Business Addr~s~
0lQ;' . d."91-.588Q
Telephone Number ."
Lov/s£ STfln~ae ~ lJ-iJ J3ukllSh Card,f/CCL
Name '(individ;:al,. partner, joint"
venture, corporation,. syndicati.on)
Home ~.ddress
(PIg /-133 Q;;)51n 61'i75~-()3 () ~
Telephone N~~r ~elephone Numbe~
!·r:i.rne Home Address
3~siness Address
Telephone Number Teleph?ne ~lurnber
(Attach more sheets if .necessary)
I/He 9,ecla::e ur.der penalty 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.
BY ,/!fit/eM f -~do/~
Agent, fr.~ner, Par~n~r
" ~PLEMENI'AL INFORMATION FORt.
VARIANCE
1) Gross Acres (or square footage, if less than acre) __________ _
2} Zcne _____________________________ -.::: .... _
3) General Pla.'1. ,Land Use Desi9Q,atial ____ ~-:---:_:_~_:_:_---------
4) By law a Variance may be awroved cnly if certain facts are found to exist.
Please read tl'ese requirements carefully and explain how t~ proposed
project meets each of trese facts. ~e additicnal sheets if necessary.
a) Explain wf¥ th:!re are exceptlcnal or extraordinary circumstances or
ccnditials applicable to tre property or to tl'e intended use that do not
apply' generally to tre o1:h3r property ~r class' of use in 'the same-vicinity
and zme: ' '
b) Explain why such variance is necessary for the preservaticn and
enjoyment of a substantial 'property right:. possessed by other property in
t.ha same vici.."1ity and ZO'le but \.;rhich is denied to the property in cpestian:
c) Expla:in why the granting of such variance will not be materially
detrimental to the public welfare or injurious to ,the property or
improvements in such vicinity and zcne in wbich the property is lcxated
d) Explain why the granting of such variance \-.'ill not adversely affect tie
co.npre1lensive general plan: _______________________ _
~I
• •
STATEMENT OF AGREEMENT
TENTATIVE SUBDIVISION MAP
CIT~,OF CARLSBAD
The Subdivision Map Act and the Carlsbad Municipal Code sets a
fifty (50) day time restriction on Planning 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, Condominium
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. If
you choose not to sign the statement, the City will not accept
your application for the Tentative Map until all p~ior 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 f6r Planning Commission and
City Council action and fully concurs with any extensions of
time up to orie year from the date the application was accepted
as complete to properly review all of the applications.
At-A tu b. 5fl1Nrl>ER
Name (Print)
FORM: PLANNING 37, REVISED 3/80
I Date •
ItPpLJcfJnr \ .
Relationship to Application
(Property Owner-Agent)
• •
AGREEMENT TO EXTEND TIME LIMITS
TO ALLOW REVIEW OF THE LAND USE
ELEMENT OF THE GENERAL PLAN
Iri a desire to ~ssist 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 according to City Council
Resolution No. 7872 and consents to processing the application
according t6'tnpt resolution • . '.
Name (prlnt)
APPROVED:
Michael J. Holzmiller
Land Use Planning Manager
Date
etc. )
. ,.',
" , ), ~ ,
.~ ,
·:0 Zone Change o General Plan Amendment o Tentative Tract Map
DISCRETIONARY ACTIOOS
: REQuEST
ClSpecific Plan
--.. -".': ~,,,,,,
[JMajor Pla~ed Unit Develo~nt
KSSite Development Plan
!JQonditional Use Permit
OVariance
DMaster Plan , o Major Redevelopment Permit o Minor Redevelopment Permit o Precise Development Plan
(check other boxe~ if appropriate)
[JPlanning Commission Determination
[JSpecial Use Permit
[]Structure Relocation
[]Major Condominium Petnli t
(JCoastal Penni t (Portion of Redevelopmen
Area
2 sto dental. office wood frame, laster exterior, total building area
2835 uare feet. As area for 18 cars.
ortion of Lot 4 fractional S.N. of the
Dr. Alan Stanger
2182 El Camino Real, Ste. 106
r • ..~
PUBLIC FACILITIES FEE REQUIREMENTS ~ _______ -
City Council Poli~y ~umber 17 requires that all developers requesting a
discretionary action for a project pay a public facilities fee in the
amount of 2.0 percent of the building valuation. The fee is computed by
the Building Department and paid at the time the building permit is
obtained. In the case of a condominium conversion, the fee is calculated
on the building valuation at the time the fee is paid and the fee must be
paid prior to obtaining a final map on the project.
In addition to the above, a completed, signed, and notarized agreement to
pay the public facilities fee must be submitted with any application for a
discretionary action. This agreement form should be completed by the
applicant and submitted as follows:
1. Select the appropriate form for either (a) the developer and owner are
the same party, or (b) the developer and owner are different.
2. Fill in the date the agreement is completed, the name and address of
the developer (and owner, if appropriate) and state if each is an
individual, partnership, corporation, etc.
3. Fill in the type of project proposed to be constructed, such as "a 12-
unit condominium" or "30,000 square foot shopping center", etc., and
the proposed name (if any).
4. Fill in the date the request will be (or was) submitted and the type of
request, such as a "a tentative map", or a "condominium permit",
"rezoning", etc.
5. Type a short legal description of the property on the last sheet
(Exhibit "A"). Legal must be original, no reproduced copies will be
accepted. -----------------------6.~gn--t~~e presence of a
. acknowledgement of execution to the
notary and have the notary attach
form.
7.
8.
7/84
a. Fill out the title of the person
partner, vice-president, 'etc.).
corporate officer, the corporate
signature.
signing the form (general
If the agreement is signed by a
seal must be stamped by the
b. The notary must be of the correct form (individual, partnership,
corporation) and be completely and properly filled out.
Use the attached forDLa.a....ortgin_~1j a rep~ed copy will not be ""' J~
accepted. ~t the ~ina,LQi_~e agreement and one c0!0 ~
A current copy of the preliminary title report must accompany each
application. (The preliminary title report must have been issued
within the last six months).
" .
RECORDING REQUESTED BY~ ~HEN RECORDED MAIL TO:
C~TY 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
Par c e 1 No. _-..f".;15""-"'6;....---'-/~d~O;....----:;;0---'-7 _____ _
. AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this ~day of February , 19~
by and between
Alan Stanger & Louise Stanger
(Name of Developer)
a !.11 ij /tJ i Dun L S ' her e ina f t err e fer red t 0 a s
(Corporation, partnership, etc.)
"Developer" whose address is
2129 Bulrush Lane
(Street) Cardiff, CA 92007
(City, State, Zip Code)
and Jack Y. Kubota and Patricia R. Kubota, husband and wife as joint tenant~
(Name of Legal Owner)
a individuals , hereinafter referred to as ----(rC~o---r~p-o~r-a~t~i~o-n-,--e~t-c-.~)~--------------------
"Owner" whose address
3800 Skyline Road
is
P.O. Box 1095, Carlsbad, CA
(Street)
(City, State, Zip Code)
AND
92008
the CITY OF CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm Avenue,
Carlsbad, California, 92008.
REV 4-2-82
: \ • RECITALS
WHEREAS, Owner is the owner of the real property described on
Exhibit "A", attached to and made a part of this agreement, and
hereinafter referred to as "Property"; and
WHEREAS, the Property lies within the boundaries of City; and
WHEREAS, Developer has contracted with Owner to purchase the
Property and proposes a development project as follows: ------------------
Dental Office
on said Property, which development carries the proposed name of
stanger Dental Building
and ~s hereinafter referred to as "Development"; and
WHEREAS, Developer filed on the 22 day of February
19 85 ,with the City a request for Site Development Plan
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 incorporated by this reference); and
WHEREAS, Developer, Owner and City recognize the correctness of
Council Policy No. 17 dated April 2, 1982, 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
accommodate the additional need for public facilities and services
resulting from the proposed Development; and
-2-
REV 4-2-82
• WHEREAS, Developer and Owner have 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 and Owner are aware that the City cannot and will not be
able to make any such findings without financial assistance to pay
for such services and facilities; and, therefore, 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 conside~ation of the recitals and the
c 0 v en ant s c,o n t a i ned her e in, the par tie sag r e e a s f 0 110 w s :
1. The Developer and Owner shall pay to the City a public
/
facilities fee in an amount not to exceed 2% of the buildin~ 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 and Owner shall pay a fee for converS10n of e~isting
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
-3-
REV 4-2-82
• 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 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 require~ according to Titles 18, 20 or 21
of the CarLsbad Municipal Code.
2. The Developer and Owner 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 and Owner
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 t~is 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-
REV 4-2-82
• 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 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 approvid.
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 ~s given 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 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
Mail, enclosed in a sealed envelope, addressed to Developer at the
address as may have been designated, postage prepaid and certified.
-5-
REV 4-2-82
8. This agreement shall be binding upon and shall ~nure to the
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 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 i~ the property shall have first assumed in writing the
Developer's obligations hereunder.
At such time as Owner ceases to have any interest in the
Property, all obligations of Owner hereunder shall terminate;
provided, however, that if any successor to the Owner's interest in
the Property is a stranger to this agreement, such successor has first
assumed the obligations of owner in writing in a form acceptable to
City.
9. This agreement shall be recorded but shalL not create a lien
or security interest on the Property. When the obligations of this
agreement have been satisfied, City shall record a release.
III
III
III
III
-6-
REV 4-2-82
)-.., --. ' • •
EXHIBIT "A"
LEGAL DESCRIPTION
Of Parcels 1, 2, & 3 of that portion of Lot 4 (fractional S.W. 1/4 of the
S.W. 1/4) Section 31, Township 11 South, Range 4 West, San Bernardino
t1eridian, in the County of San Diego, State of California, according to map
thereof.
! .,~ . , --IN WITNESS WHEREOF, this agreement ~s executed in San Diego
County, California as of the date first written above.
OWNER:
.:::r~ y k::L£.aoT4
;NameWc~,~
(Name !A? .. .. -& Jl-4--u+&d ) i£ ~'-dCJ (Signature ;;
ATTEST:
ALETHA L. RAUTENKRANZ
City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.,
City Attorney
DEVELOPER:
Alan Stanger
L~~7fp .
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
~~----------------------------City Manager
(Notarial acknowledgement of execution by DEVELOPER and OWNER must be
attached. )
-7-
REV 4-2-82
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STATE OF CALIF%~WADIEGO } 55.
COUNTY OF
On PebruarY' 27, 1985 before me,
the undersigned, a Notary Public in and for said County and State,
11 d Jack Y. Kubota and pepgtr~caneafL Kubota
____________________________ ~~~----' known to me
h S' h . .=s-,,-a:.c.r--=e subscribed to the to be t e person __ w ose name_
within instrument and acknowledged that they executed the
sa~~ j_ UVd-zZ.
STATE OF CALIFORNIA }
COUNTY OF SA!..:.N~D=-'I"--"E::....::Go...:;Oo__::__:=__----55.
On P e,b. r lJ 9, r .t 27, 1 985 before me,
the undersigned, a Notary Pilic in and for said County and State,
personally appeared A a n S tan 9 era n d
Louise Stanger
______________________________________ , known ro me
to be the person_S __ whose nameS are subscribed to the
within instrument and acknowledged that the Y executed the
same. (~.;. . .,p". L
@
SAFECO
FOR NOTARY SEAL OR STAMP
:*********************************** ~ OFFICIAL SEAL ~
* * * LENA M. ELROD ~ ~ NOTARY PUBLIC-CALIFORNIA :
;:: NOTARY BOND FILED IN * ~ SAN DICGO COUNiY ~
; My Commission Expires October 11. 1988 *
******** •••• ********.******_.*-***.:
@
SAFECO
FOR NOTARY SEAL OR STAMP
:*********** * ******* : **************** * / f>FFICIAL SEAL :
: :;"$' LENA M' '"
: ~ ~ NOTARY PUBLIC ELROD $ * <. ,-", NOTARY BON;CAlIFORNIA ".
: 4'0"'" SAN c(' ,FILED IN : * My COmmis . Dl...."'O COUNTY '" ************~~:;:~:es October 11. 1988 i
***********"'****:
1
I
TO : THE CITY ENGINEER
THE CITY OF CARLSBAD
1200 ELM AVE.
CARLSBAD, CA.92008
FROM: ALAN D. & LOUISE A. STANGER
2129 BULRUSH LANE
CARDIFF-BY -THE-SEA ,CA. 92007
RE: SDP-85-4
IN ACCORDANCE WITH SDP-85-4 CONDITIONS OF APPROVAL #32, ( I ),WE
HEREBY AGREE TO THE CITY OF CARLSBAD TO PROVIDE RECIPROCAL ACCESS
TO THE OWNERS AND USERS OF THE ADJACENT PR~PERTIES OVER A
COMMON DRIVEWAY.
, f«) H{JIh--
AL~N;ziJ
DATE fJ
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
~.:4.S!u~/
LOUISE A. STANGER (r----
DATE fa-Il-%~
On June: 18, 1985 , before me, the undersigned,
a Notary Public in and for said State, personally appeared
Alan D. Stanger and Louise A. Stanger -------------
proved to me on the basis of satisfactory evidence to be the
person whose name is subscribed to the within instrument and
acknowl~dged' tha t he execu ted the same.
WITNESS,~y hand and official seal.
B~\::ias
I
---------L --t~oc.JSe-
\ •
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?fNJ(::;~ --
-------------------------------
------------:-----------2~o~eQ-.. --.---·~-----------
-----------------------U"-'T' M~TC --Ae-c.6S -~--l\«.,c-, --tIloteut.6t---
_________ ____ -------. -f.\s-O\Jfr __ --------
1" = 200·
138
-SO
. '·0
600· RADIUS MAP REGARDING PROFESSIONAL OFFICE BUILDING
2585 PIO PICO DRIVE, CARLSBAD --J.Y. & P.R. KUBOTA
e
I 72 10 7~~
SDP
85'-4
,~
I
LAS F£OfES DRIVE ----------------~--
SITE
~.9~'···
5T ANGER DENTAL
OFFICE
LOCATION MAP
SCALE 1-:60' -0' SDP 8~-4
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CHANGES
BLK OLD NEW YR CUT
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LAS F£OfES DRIVE j'" ___ --------L._ -'7j
•
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STANGER DENTAL
OFFICE
I_OCA TION MAP
SCALE 1-:60' -0'
SDP 'as-4
o
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f t
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·f
ENVIRONMENTAL
. EXEMPT OR EXCEPTED: ------------------------
Posted: Prior Compliance: Published: --------------------------------
Filed: Filed: ---------
NEGATIVE DECIARATION: ----------------
Posted: Published: Notice of Detennination: -----------------------------
ENVIRONMENTAL IMPACT REPORT:
Notice of ------No---ti~· c-e-o-f=-Notice of
Detennination: Preparation:____________ Canpletion: ______ _ ----
PIANNING COMMISSION
1. Date of Hearing: ___ ---=&~-~Ic.:=:6);;;,..-_g.;;..:s_=_ ______ _
2. Publication: IV' Irt -------~7~~----------
3. Notice to Property CMners: ___ --'-tU:.rYA ........ __ _
I
4. Resolution No. ____ 02~L/...L.;50=_=_ _____ _
(~ntinued to: __________________ _
5. Appeal: ------------------------
CITY COUNCIL
1. Date of Hearing: ;J/A 7
2. Notices to City Clerk: JJffl
I
3. Agenda Bill:
4. Resolution No.
5. Ordinance No.
O)RRESPCNDENCE
. Staff RefX)rt to Applicant:· ___________ _
Resolution to Applicant: ________________ _
Date: &j;P:jgS ACTION: /lppcoued..,
W IV-h fY} /()O to
Date:
Date:
cthCU{Jf)~
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ACTION: ------------
-------
•
• •
PLANNING APPLICATION CHECKLIST ,
ITEM 'REQUIRED ' ENCLOSED ' NOT ENCLOSED (WHY)
'Ientati ve Map
A
Site Plan / B
Landsca~ Plan V C
Bldg. Elevation V D
8~ Site Plan ~
E
8~ Location / F
EIA /
G /
PFF V H
Disclosure Stmt / I
Pro~rty CMners
J
300' Map
K
School Letter
L
PTR ~ / ,
M /'
Sewer /
I N L_
Colored Emibit / L /JJhL-I 0
Stmt of A~t
i P
, fJ0r 00
:RECEIPT NO. DATE ________________ __
BACKGROUND DATA SHEET
CASE NO: SDP 85-4
APPLICANT: Alan Stanger
REQUEST AND LOCATION: Approval of a site development plan to construct a 2835
sq. ft. dental center at the south side of Las Flores Drive and east side of
the 1-5 off-ramp.
LEGAL DESCRIPTION: Parcel 1,2, and 3 of that portion of Lot 4 (fractional s.w
of the SW 1/4) Section 31, Township 11 south, Range 4 west, San Bernardino
Meridian, in the County of SD, State of California APN: 156-120-67
Acres .37 Proposed No. of Lots;Units N/A --------------~---------
GENERAL PLAN AND ZONING
Land Use Designation o ----------
Density Allowed ____ N~/_A ______ _ Density Proposed N/A ~~---------
Existing Zone RP-Q ------~~---------Proposed Zone N/A -----~-------
Surrounding Zoning and Land Use:
Zoning Land Use
Site RP-Q SFD
North R-l SFD -----
South RPQ ---'~-Agriculture
East RPQ SFD
west Freeway Freeway
PUBLIC FACILITIES
School District Carlsbad water Carlsbad Sewer Carlsbad EDU's ------
Public Facilities Fee Agreement, dated ______ F_e_b_r_ua_ry-=-_2_2..:.,_19_8_5"--______ _
ENVIRONMENTAL IMPACT ASSESSMENT
~Negative Declaration, issued _____ M_a~y __ 2_0~,_1_9_8_5 ______ __
E. LR. Certified, dated __________________ _
Other, __________________________________________ _
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