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HomeMy WebLinkAboutCP 178; KROMINGA, DAVID; Condo Permit (CP)w:_- -'- .•.;'.' . . ._c REQUEST 0 Zone Change D Precise Develonent Plan o General Plan Amendment Li Scific Plan o Tentative Tract Map 0 Site Developtent Plan o Planned Unit Development 0 Conditional Use Permit o Major Condominiu-a Permit 0 Variance U Minor Condomniniumn PemIt-- 0 Planning Catirrtission Determination 0 Master Plan DSpécial Use Permit Complete Description of project (attach additional sheets if necessary) -Pãrc ....2_Uit i' _' ëOndöminiüinprOject.('New Construction) Location of Project . Luciërnaqa Street, S'l.y of Alga Road, W'ly of 'Caza 'Dero Drive in the :La Costa Commu:nfty. Legal Description (complete) Lot 174 of '-La Costa Meadows, Unit No .1 according to map 6800 Assessors Parcel Nurrer 21 -260-41 Zone General Plan Existing Land Use R-2 . /tn . Vacant Proposed Zone Proposed General Plan . Site Acreage Owner . • Applicant Name (Print or Type) .. Naire (Print or 7-ype) David Krominga . . .. . Same. as owner Mail ini Address . Mailing Address p761 Hotel Circle So. Ste. 320 San Diego, Ca 92108291-2544 . City and State Zip' Telephone City and State Zip Telephone I CERTIEY THAT I 'AM THE LEGAL OV7NER AND - I (IRITEY THAT I AM THE CNER' S REPRESENTIVE AT ALL THE ABOVE INFORNTION IS TRUE AND THAT ALL THE ABOVE INFORMATION IS TRi3E' TJND CORRECT TO THE BEST OF MY IOWLDGE AND CORRECT TO THE BEST OF MY KNOWLEDGE SITUPE DATE SI(tURE DATE Fees Received Receipt "N Date, A~plicatlbn m I 4 8-23-77 . . LEUCADIA COUNTY WATER DISTRICT APPLICATION FOR SEWER SERVICE Owner's Name S & B Enterprises Phone No. Mailing Address 4621 Seda - San Diego, Ca 92124 Service Address: Tract Description: lot 174 La Costa Meadows 1 Assessor's Parcel No. 215-260- Type of Building duplex No. Units 2 Connection Fee $ 1,200.00 _ pre-pd (400.00) Lateral Size: 4116 11 - 8" - Saddle - Easement Connection Extra Footage: @ $________ Extra Depth: @ $ 800.00 Rec'd $ 800.00 Amount Lateral Fee Prorated Sewer —114 Ck. No/Cash Service Fee Date 9579 Total Rec'd By ____ _______ The application must be signed by the owner (or his authorized representative) of the property to be served. The total charges must be paid to the District at the time the application is submitted. If a service lateral is required, it will be installed by the Leucadia County Water District. The service lateral is that part of the sewer system that extends from the main collection line in the street (or easement) to the point in the street (at or near the applicant's property line) where the service lateral is connected to the applicant's building sewer. The applicant is responsible for the construction, at the applicant's expense, of the sewer pipeline (building sewer) from the appli- cant's plumbing to the point in the street (or easement) where a connection is made to the service lateral. The connection of the applicant's building sewer to the service lateral shall be made by the applicant at his expense. The connection must be made in conformity with the District's specifications, rules and regulations; and IT MUST BE INSPECTED AND APPROVED BY THE DISTRICT BEFORE THE SEWER SYSTEM MAY BE USED BY THE APPLICANT. THE APPLICANT, OR HIS AUTHORIZED REPRESENTATIVE, MUST NOTIFY THE DISTRICT AT THE TIME INSPECTION IS DESIRED. ANY CONNECTION MADE TO THE SERVICE LATERAL OR COLLEC- TION LINE WITHOUT PRIOR APPROVAL AND INSPECTION BY THE DISTRICT WILL BE CONSIDERED INVALID AND WILL NOT BE ACKNOWLEDGED. The prorated sewer service fee is based upon the date the District estimates that service will begin and covers the balance of the fiscal year. There will be no additional fee or refund if service actually commences on a different date. For succeeding fiscal years, the sewer service fee will be collected on the tax roll in the same manner as property taxes. The undersigned hereby agrees that the above information given is correct and agrees to the conditions as stated. Iu' gnur - ) 10172 Owner's Date - Account No. - If after the infortnatior ou have submitted has been re 'wed, it is determined . that further informati .s required, you will be so ad d. APPLICANT: David Krominga Name (individual, partnership, joint venture, corporation, syndication) 1761 Hotel Circle So. Ste 320, San Diego, CA 92108 Business Address 291-2544 Telephone Number AGENT: Name Business Address Telephone Number MEMBERS: Name -(individual, partner, joint Home Address venture, corporation, syndication) Business Address Telephone Number Telephone Number Name Home Address Business Address Telephone Number Telephone Number (Attach more sheets if necessary) I/We declare under 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 CASE NO.: C?- 178 DATE RECEIVED: 4-81 APPLIc:KRoMINGA, David IEQtJEST: Two units . W)NMENTAL Posted: Prior Compliance: -_. . Published:________ Filed: . Filed: NEGATIVE, DECL1R2TION:___________________________ Posted: . . . Published: of Determination:________ ENVIRONMENTAL IMPACT EEPORT:__________________ Notice of Notice of . Notice of Preparation: Determination: PLANNING COMMISSION 1. Date of Hearing:________________________ 2. . Publication:_____________________________ 3. Notice to Property Owners: 4. Resolution No.'--'- Date,.; (Continued to: ............. 5.A Appeal: AA ACTION: CITYCOUNCIL 1. Date of Hearing:............ 2. Notices to City Clerk ............. 3. Agenda Bill:— 4. eso1ud.cn No... ...... 5. Ordinance NO.............................. Staff Report to Applicant: .................... Resolution to AAAAAAA Date:* ...........- ACTION: Date: .......... LZ fter recording return to: :it' of Carlsbad 00 Elm Ave. arlsbad, CA 92008 . o AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this -3- day of--Y , 19 81 , by and between DAVID KROMINGA , (name of developer-owner) aN INDIVIDUAL ,hereinafter referred to as (Corporation, partnership, etc.) "Developer, whose address is 1761 HOTEL CIRCLE, SO., SUITE 32Q (street) SAN DIEGO, CA. 92108 , and THE CITY OF p (City, state, zicode) 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 T II: 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 within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: 2 UNIT RESIDENTIAL AIR-SPACE CONDOMINIUM. C4 ri 4-M/\i 80 C, P- l-1' S o on said Property, which development carries the proposed name of and is hereafter referred to as "Development" and WHEREAS, Developer filed on the day of_____________ 19 4 I , with the City a request for A PARCEL MAP S MINOR CONDOMINIUM PERMIT. CP- fl2 (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 August 29, 1979, 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 he 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 2. S to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW, THEREFORE, in consideration of the recitals 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 buildings 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 develop- ment 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. A credit toward such fee shall be given for land which has been dedicated for park purposes or for any fees paid in lieu thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing buildings 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", "othe 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 3. I . the development is intended. Developer 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 required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. A credit toward such fee shall be given for land which has been dedicated for park purposes or for any fees paid in lieu thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code. 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 agree- ment. 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 4. 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. 6. All obligations hereunder shall terminate in 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 he effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City by 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 5. Mail, 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 on the Property. When the obligations of this agreement have becn satisfied, City shall record a release. 6. EXHIBIT "A" LEGAL DESCRIPTION LOT 174 OF LA COSTA MEADOWS UNIT NO. 1 17 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 6800, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMGER 9, 1970 - S IC1ALSEAL S MARTIN SHADLAUS PUBLIC - CALIFORNIA SAN DIEGO COUN1Y 3::NOTARY omm. expires APR 30, 1982J (This area for official notarial seal) Pr-, t7 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 DAVID KROMINGA (Name) By By City Manager OWNER STATE OF CALIFORNIA, Couy of OnJ t.' 2I I / before me, the under- signed, a Notary Public in and for said State, personally appeared VtD known to me to be the person_ whose name_._~E ub, scribed to the within instrument and acknowledged that ._.. executed the same WITNESS my hand and official seal. Signature Title Order No. - Escrow or Loan No. VINCENT F. BIONDO, JR.,. City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) 7. POOR QUALITY ORIGINAL (S) MASS. tarn STATEMENT TO lost ,b tINê* a. c. sr JWV ... WHEN RECORDED MA8. TO S-b Enterprises 620 C ST. Suite 300 San Diego L Calif. 92101 J ESCROW NO. / QUITCLAIM DEED BY: BY: d led:AG1/51T_2rl t J?t0 STATE OF CALIFORNIA COVNTYOF On_________________ - - -- -_______ 39 bit os me, the undersigned, a Notary Public in and for said County and Stats, personally appeared a known to me to be the person _wttoW n.mf subscribed to the within Instrument and .cknowI-d$d that executed the same. WITNESS my hand and official sill. eoz aoe' SEP9BO AT _JmItUN &'° ' mom Vi! PESO ccm JFCS*I RECORDERS USE ONLY LIII tiifl .U0 DOCUMENTARY TRANSFER T , AX S _V CIi.rkiOfl COMPUTED ON FULL VALUE OF P$OPE$TY CONVEYED. OR COMPUTED ON FULL VALUE LESS LIENS A ENCUMBRANCES REMAiNING TMSREIAT TIME Of SALE. of dwwam it j,m *levnvnins IA ' Finn Sdp!te )rnncorporat.d Arei - Oty 449001 To- Pa,caI No 21S-210-42-9li3 AccOMODATION Cherry Wood Associates, A C'tlif General Partnership RECORDING FOR A VA UABLE CONSIDERATION, HEREBY OUITCLAIM to David Krominga, A Single man L( the real properly in the County of San Diego State of California. discrib.d U: Lot 174 of La Costa Meadows Unit No. 1, in the City Of Carlsbad, in the County of San Diego, State Of California, according to map thereof No. 6800, filed in the office of the County Recorder of San Diego County, December 9, 1970. CHERRY WOOD ASSOCIATES, A California General Partnership S-B ENTER ISES, INC., Gem 1 Partner U , res ent — CHEOREE INVESTORS, General Partner DAVID KROMINdA, General Partner HARQLUCY MfA kL OCIATES, General Partner ,,, W. SP CER HMIS, General.Partner CHE STORS, General Partner Notary Sail (\J A PanswdiC Ackile..IiWnt STATE OF CALIFORNIA COUNTY OF } I WA Ask iSa,4Ij..,.,.,t be Ceapsrtsei wInes lii Qe.w pwhw STATE OF CALIFORNIA 70 COUNTY OF 14N $iØ On_S'4V* , 1 before me, the undersIgned,. Notary Public in and for saidCounty and State, pflflyappeared 5f4 KTtOWn to me to be the—__ Pr,ident, and isnowa to me to be the of the corporation that executed the within snftu- mint and Known to me to be the persons who executed the within instrument on behalf of said corporation and acicnowtedqed to me that such corporation executed the within instrument pursuant to its by-Laws or a Resolution of its Board of Directors; said corporation being xnown to nsa to be a general partner of • partnership, the partnership that executed thi within instrument, and acknowledged to me that such corporation executed the same as such Partner and that such partnership executed the same. , CfflI KAL mY hand and official GLORIA NNj WAD Notary Public in and for said County and State ion Expim j* 19. F r •1J PVtn.nh,* AcaflOwianSm STATE OF CALIFORNIA COUNTY OF SAN DIQ On_. 19k, bet six me, the undersigned, a Notary Public in and for said County and State. personally appeared David Kronsinga known to use to be the general partner of Cheyenne Investors the limited partnership that executed the within instrument on behalf of Cherry Wood Associates as general partner, and knows, to me to be_9P1 of the partners of the partnership that executed the within instrument, and acknowledged to ma that such partnership executed the Sam.. Newsy teal KOFFICIAL SEAL RIA N. JENSEN N D'tGO COUNTY "PtJ5.tCCAljtCt4lA ClPAL CFF10E IN pires July 19.196 i.. 3 0 Jw 0 14 SPAS VlSI WiTNE$ my hand and official seal. Notary Public in and for sold County and State. S ILC Pwlwsrslsw Acknowl.dpnens STATE OF CALIFORNIA COUNTY OFAN'. On , 19 before nsa, the undersigned, a Notary Public in and for said Courj and State, personally appeared w.3flwss $iidAJS, SsweM pasP'Arn,. op N4$.vf. 9tSoc,q7', $M*s5-1.ty ftS$OC,A1S WCI4j 7'W #WV 70 &C A " 4#St IV C000 yle#.aa 4S10t,4rc_s known to me to the partners of the partnership that executed the within Instrument, and acknowledged to me that such partnership executed tIle same. Now ySOW WITNESS my hand and official seal. — OPflCIAL SEAL P JAMES MARTIN Si'IADLAUS P OOT*Fr NJU.JC Cai.VowNtA P N DIE9O $n'V N, . .5kw f,* 30, 1152 p Notary Public in and for said County and State. the 4i : , s&R before ma, the undersigned. a Notary Public In and for said County and Stat., perionslty appeared David icrominga known to me to be the general partner of Cherokee Investors the limited partnership that executed the within instrument , on behalf of cherry Wood Associates as general partner, and lusown to me to a._*idA-° tIw partners of the partnershiP that executed the within imtru - acknowledged to no that such ptriirihlP executed the same. - .i\I 1- OPfi('iAL StAt GLORIA N. .1NStN I NOTARY PUSLlC.CALIfORNIA PRINCIPAl. 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