The URL can be used to link to this page

Home My WebLink AboutCP 198; KAO, WARD AND YANG, FRED; Condo Permit (CP)REQUEST O Zone Change 0 Precise Developnent Plan U General Plan Amendment 1] Specific Plan 0 Tentative Tract Nap 0 Site Development Plan Ci Planned Unit Development 0 Conditional Use Pend-t. ondominiumPermit 0 Variance &=OrCr Condominium Permit 0 Planning Oacanission Detmmination Ci Master Plan 0 Special Use Permit :0:Major :Condaninium Conversion ::.:.:..: : .. . :::: : Complete Description of project (attach additional sheets if necessary) CONVERT AN EXISTING .DUP.LE.X TO A TWO UNIT CONDOMINIUM............... Ition ....6833 .& .6.835. EL FUERTE'ST, CARLSBAD, CA92OO8 ......... Legal Description (complete) LOTS NO. 333 OF LA COSTA. MEADOWS. UNIT. N0. .2, IN THE CITY. OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF OFFICE OF IRE COUNTY RECORDER OF SAN DIEGO CALIFORNIA, ACCORDING. TO. MAP NO. .6905 FILED IN THE COUNTY, APRIL 1971 ....... - .: •15-34O-35 '44q .ess')r s Parcel Number Iistthg Land -use Zone General Plan R-2 .HIGH/MEDIUM . RESIDENTIAL RESIDENTIAL Proposed Zone Proposed General Plan Site Acreage SAME SAME 10,822.5 SQ. FT. (0.248 ACRE.) Owner . . . t Name (Print or Type) Name (Print or, pe) FRED YANG . . . . WARD KAO mailing Address - Nailing Address 6839 EL FUERTE ST. 2614 JACARANDA AVE. City and State Zip Telephone City and State Zip Telephone CARLSBAD, CA. 92008 (714)438-0116 . CARLSBAD, CA. 92008 (714)-942-0996 I CERTIFY THAT I AM THE LEGAL OWNER AND [ CEu:MJF11I[rj3N2 I THAT ALL THE ABOVE INFORMATION IS TRUE AND TEAT ALL ¶[HE ABOVE I OFMATION IS TRUE AND CORRECT '10 TEE BEST OF MY KNOWLEDGE AND CORRECT T3 THE BEST OF MY KNOWLFDGE to " SIGNWPE DATE SIGNZALURE DATR Y.i; ',<'., Date Appi anec td t Rece F'e 2Pceivt 1 te licaticn Rei[Staff signd 1 Case Nuder I Lc P t ....., .-.< .4........./'.' 44. . ...... .4............. .. f 'If after the information you have submitted has been re lewed, it is determined "that further informatics required, you will be so a sed.. APPLICANT: 'Ward Kao & Fred Yang (Joint Venture.i Name (individual, partnership,. joint venture, corporation,. syndication) 2101 El Camino eal,Sutte 205, 0ceansde, Ca 92054 - Business Address (714)-9422900 I Telephone Number K-C- &Associates. . . : •. - - -- . - ------------.---------- ----•----.------•---.• • . - Name . . '2101 2101 El Camino'eal Sut.25,-Oeanside, Ca. 92054 .. - -. -----•---- Business Address -_____ - (714)-7a1-0994 . . • •. . Telephone Number .. •Ward Kao& Jane:Káo . . 2614. Jacarañda Ave. Carlsbad, Ca.-92.008- Name (individual, partner, joint . - Rome Addres-s. • . venture, corporation s syndication) • • . • 2101 El Caminoreal, Suite 205, Oceanside, Ca. 92054 • •. • Business Address ---- -------.----- .., (714)-721-0994 Telephone Number TelephoneNer -Fred Yang &Shelly Yang . . 6839 El Fuerte, Carlsbad' Ca.. 92008 Name . Home Address. - 2101 El Caminoreal, Suite 205, Oceanside, Ca. 92.054 Business Address (714) -942-2900 Telephone Number Telephone Number (Attach more sheets if necessary) I/We decIari 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 arnended - Applicar4€ 1/ BY)zo( 40 Agent Owner Partner . . EXHIBIT A' LEGAL DESCRIPTION LOTS NO. 333 OF LA COSTA MEADOWS UNIT NO. 2 , IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 6905, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. APRIL 2, 1971 '- After reco'ding return to: City?of rlshad • 1200 .lm Ave. ç 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 10th day of November 1981, by and between Ward Kao, Jane Kao, Fred Yang , (name of developer-owner) a Joint Venture ,hereinafterreferred to as (Corporation, partnership, etc.) "Developer", whose address is 2614 Jacaranda Ave. (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., W I T N E S SETH: 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: CONVERT AN EXISTING DUPLEX TO A TWO UNIT CONDOMINIUM - 4- MAR 80 - . on said Property, which development carries the proposed name of 6833 El Fuerte and is hereafter referred to as "Development"; and CE5EA. WHEREAS, Developer filed on the 10 th._d ay ofNovember 1981 , with the City a request for A_TENTATIVE PARCEL MAP (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 Not. 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. I [i 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 othei 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 Lees 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, exceptin reference tomobilehome 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. S the development is intended. Developer shall pay to City a public facilities fee in the sum of $1,150 for each mobilehorne space to be constructed pursuant to the Request. The Lee 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 sha]?l 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 Lee 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 reqvtired 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 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. .. . 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 been satisfied, City shall record a reltase. I/I 6 - .: ' I IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: Ward Kao & Fred Yang (Name) By Fred __ Yang OWNER (Title) Ward Kao DL &_ OWNER (Title) CITY OF CARLSBAD, a municipal corporation of the State of California By City Manager ATTEST: ALE APPROVED AS TO FORM: (Individual) I STATE OF CALIFORNIA'- COUNTY OF San Diego } on Decaitér3, 1981 I before me, the undersigned, a Notary Public in and for said State, personally appeared Ward Kao and Fred Yang W It known to me WI 0. to be the person S whose name are subscribed to the within instrument and acknowledged thatL executed the same. WITNESS my hand and official seal. FFICAL SEAL III - - MAY ITO _____________________________________ # NOTARY PUBLIC - CALIFORNIA 00 0 PRINCIPAL OFFICE IN 0 Signature'Tl272 hD 0 May i SAN DI EGO Cot -iT',' o My Commission Expires Septerer 28, 1934 Name (Typed or Printed) - % SF-423-4 (6/74) (This area for oMe4aI notarial s.aI) t