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Home My WebLink AboutCP 197; ROOSEVELT ST ASSOC; Condo Permit (CP):5 P I!! APPLI .CATI REciJEST . 0 Zone c2-iange 0 Precise Deve1onent Plan 0 Getieral Plan Amenduvent. 0 Specific Plan 0 Tentative Tract Nap Mite Develotent Plan [3 Planned Unit Development 0 Conditional Use Permit £1 Major Condominium Permit D Variance inor Condcxninium Permit 0 Planning Ccxtimission Determination Master Plan . 13 Special Use Permit . . . : t : :D:Major Condau±nium Conversion : •.:..::'. : :: : : • . : : • : : : : : : : : : : . . Conlete Description of project (attach additional sheetsifnecessary) To convert an condomi.ni.uni.. . Location of Project 3138 Roosevelt Street, Car1sbad CA 92008 _ Legal Description (complete) Lots 1O,.jj, 12, n J.' ilOcIc 40 liL LaARL5BJD in th i t. Carlsbad, County of San Diego, State of California, according to Map thereof. No.. 535, recorded in the Office of the J issessors Parcel Ner ....................... :::.::: 204_084_l3.,l4:,:&.l5 Existing Land Use Zone General Plan CaD Commercial Office Building C-2 Proposed Zone Proposed General Plan Site Acreage C-2 N/A - .i. 14,000 sq.ft. 'Owner ' Name (Print or Type) Name. (Print or Type) Jeffrey Blankenship & Susan J. Blankenship- Jean Jensen Thomas H. Alexander land Planners . . Mailing Address Mailing Address, 3138 Roosevelt Street, . . . 3138 Roosevelt Street 438-0178/4341051 City and State Zip Telephone City and State - Zip Telephone Carlsbad, CA 92008 Carlsbad, CA 92008 I CERTIFY THAT I 2M THE lEGAL OWNER AND ICERnIJ]?Y TflAT lAM TRE a@NER S REPRESENTIVE THAT ALL THE ABOVE INFOPNATION IS TRUE ¶JAT A ¶LHE AB(YSTE ThIFOREION IS TRUE AND CORRECT ¶10 THE BEST OF MY MOMEDGE SIGNATURE DATE . Date pp c3taon B.ceived Staff Assnd Case Number k'. - ) - If after the information you have submitted has been reviewed, it is determined that further inforxnatior required, you will be so aed. APPLICANT: Roosevelt Street Associates (A California Limited Partnership) Name (individual, partnership,. joint venture, corporation, syndication) 3138 Roosevelt Street, Carlsbad, CA 92008 Business Address 434-1051 • Telephone Number • - Jean Jensen ENT - Land Planners • Name 3138 Roosevelt Street Carlsbad, CA 92008 Business Address (714) 434-1051 438-0178. : Telephone Number - • - Jeff Blankenship and Susan Blankenship 3811 Alder St., Carlsbad, CA 92008 Tan Alexander, -General - Partners 10389 Avenida Magriifica, S.D. ,CA 92101 Name '(individual, partner, joint Home Address venture, corporation, syndication) (ALL) 3138 Roosevelt Street, Carlsbad, CA 92008 Business Address (714) 434-1051 & 434-4074 (ALL) Telephone Number Telephone Number (PARINERSHIP AGREEMENT HAS BEEN ATTACHED - GENERAL PARTNERS HAVE SIGNED)_ - Home Address Business Address • -: - - Telephone Number • Telephone Number I •- - - (Attach more more sheets if necessary) I/c4e decla±e under penalty of perjury that the information contained in this dis- closure is true and correct and that it will remain true and correct andmay be ..relied upon .as being true and correct unti 7WD P BY - -. • - • Agen - - • . S EXHIBIT LEGAL DESCRIPTION Lots 10, 11, 12, and 13 in Block 40 of the TOWNSITE OF CARLSBAD, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 535, recorded in the Office of the County Récorderóf San Diego County, May 2, 1888. vter recoroing return to: City. Carlsbad 1200 Elm Ave. Carlsbad, CA 92008 AGREEMENT BETWEEN DEVELOPER—OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 8th day of October Co /~,( - 19 81 , by and between Roosevelt Street Associates, a Limited Partnership By: Jeffrey Blankenship, Susan J. Blankenship, and Thomas H. Alexander, General Partner (name of developer-owner) • aPartnership ,hereinafter referred to as (Corporation, partnership, etc.) "Developer", whose address is 3138 Roosevelt Street, (street) Carlsbad, CA 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. -I WITNESSETH: 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: To convert an existing nine unit commercial office building into a- four unit office condominium. cP- (c\1 on said Property, which development carries the proposed name of Roosevelt Street Office Condominiums and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the day of 19 , with. the City a request for Minor Condominium Permit and Parcel Map C.. ? (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 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 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", "other construction permit" and "entitlement for use" as used in this agreement, except in reference to rnobilehome sites or projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no otherpermit is necessary prior to the use-or occupancy for which 3. . . 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. S 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. a 6. All obligations hereunder shall terminate in the event the Requests made by Developer are no:-- approved. a 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 by personal delivery thereof to the City or by depositing same in the United States Nail, 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. . S 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 agreenent have been satisfied, City shall record a release. 6 . . 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 - Roosevelt Street Associates corporation of the State of California Alexander H. Al Thomas - (Name) ' - By City Manager Partner ATTEST: ALETHA L. PAUTENKRANZ, City Clerk • APPROVED AS TO FORM: -= .ttr_Zt-. • -zr--n r-. tt-•.- rrtLt:Ltr?Z'zZ tr STATE OF CALIFORNIA, - San Diego SS. COUNTY OF - October 8 81 _______ ,1L__, before me, the undersigned, a Notary Public in and for said State, personally appeared JcffrcyB18n1cn3hiP known to me, to be one of the partners of the partnership that executed the within Instrument, and acknowl- edged to me that such partnership executed the same. S 'F~04 SEAL S WITNESS my hand and official seal. Nota ry Pub AoKNowLEDGMENT—patnershIp—woIcofts Form 23-3 - Public in and for said State. Votary Public in and for said State./' ACKNOWLEDGMENT—Pa rtne rswp—Wo otts Form 236—Re 3-64 S 1L.. 'Jr I - ----- - - -, 1ZI ;'I i ''I •'i (/1E7 \ (PJ :; •. \k1A7c477ON t/N6 ____ :: . :.' ,C2,t't C4'A5 I 'COW. 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