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HomeMy WebLinkAboutCT 77-04; La Posada S & L Enterprises; Tentative Map (CT) (2)CITY OF CARLSBAD ^ ENVIRONMENTAL PROTECTION ORDINANCE OF 1972 DECLARATION OF NEGATIVE (NONSIGNIFICANT) ENVIRONMENTAL EFFECT - APPLICANT / ^ ElOT^^P^\^Ei-^ /37S7 ^OK,D£:s^ DR. J MAlg^^A . 92^/<^ TYPE OF APPLICATION T'EKSTfKTW/^ MAp PERMIT AND/OR FILE NO. dTT 7*7^4' — THE ENVIRONMENTAL IMPACT ASSESSMENT HAS BEEN RECEIVED FOR: PROJECT DESCRIPTION ^1/ OMfr ^OPGMlQtVjKA AT AQ I declare that I have examined the information for the above project as submitted by the applicant, and on the basis of the Environmental Impact Assessment questionnaire on file in my office as a public document,- it is my determination that this project will not have any significant impact upon the environment within the meaning of the California Environmental Quality Act of 1970 and the Environmental Protection Ordinance of 1972 for the following reasons; The Environmental Impact Assessment will be available for public review and comment for FIVE DAYS from date. S*^ Planning Director DATED: Z^t^/jy Rev. 3/31/75 E.I.S. Log No. 3CAB NOTICE OF DECLARATION OF NONSIGNIFICANT ENVIRONMENTAL IMPACT „nT,rF IS HEREBY GIVEN that the following projects have submitted environmental NOTICE IS HEREBY GH^^ ^^^^ ^^^^^^^^ ^^^^^^^^^^^ ^.^^ E„viro„»ental re:;::::::;::;;;'IS. (or. mo, an. have ..e. -dare, to have a non- srirficant environmental impact. For further information, contact the Protection Ord' significant er\\ Carisbad Planning Departnent. CARLSBAD PLANNING DEPARTMENT ( APPLICANT LOCATION ACTIVITY 6 ofo\r REASON FOR NEGATIVE DECLAR.ATION /3 piSDjg^rr ^ud.- E N VI \mVi EI i •[• A L I [1P A C T ASSESS MIN T R H Receipt No. f/S'/ EIA HO. Date: _juP2fuJim Name of Applicant: S & L Enterprises, A Partncrshtp Address: 13787 Condesa Dr., Del Msr, Ca., 92014 755..8434 Permit Applied For: Tentative sub-pivision M>p Case Nos.: Location of Proposed Activity: On the NE comer of the intersection of Carlsbad Blvd and Msple Ave In Carlsbad, Ca. APN 204-141.. 9 & 10. Lots 5 end 6 Block C of Palisades Subdivision, Map 1747 BACKGROUND INFORMATION ' . 1.-,. Give a brief description of the proposed activity (attach any preliminary development plans), six Condominiums (five 2 B/R, one 3 B/R) With three 2car garages, three 1 car garages, and three parking spaces. They will ,be contained in one 2 story wood and stucco bliildlng with complete landscaping. Describe the activity area, including distinguishing natural and manmade characteristics; also provide precise slope analysis when appropriate, xhe two lots (combined by Plat Adjustment) are level, with no fill, and contain no natuiral growth except weeds. They are across Carlsbad Blvd fron the beach. They are Zoned R-3 and the neighborhood contains a mix of Condos, Apts, Duplexes and single family homes. The single family residents are, ih general, much older than the multiple family bldgs. •- ' 3. Describe energy conservation measures incorporated into the design and/or operation of the project. use The building will^the Energy Conservation Standards set for residential *. " . JAN-2 7 1977; ^ \ ' CITY OF CARLSBAD • (^1 Banning Department ' • ENVIRONMENTAL IMPACT ASSESSMENT FORM Fnvironmental Jiiipact Analysis Answer the following questions by placing a check in the appropriate space. Yes No 1. Could the project significantly change present land uses in the vicinity of the activity? 2. Could the activity affect the use of a recreational area, or area of important aesthetic value? 3. Could the activity affect the functioning of an established coinmunity or neighborhood? 4. Could the activity result in the displacement of comniunity .residents? \ 5. Are any of the natural or man-made features in the activity x_ .area unique, that is, not'found in other parts of the County, State, or nation? 6. .Couid the activity significantly affect a historical or . archaelogical site or its setting? . _ 7 • Could the activity significantly affect the potential use, extraction, or conservation of a scarce natural res- ource? .• • • 8. Does the activity area serve as a habitat, food source nesting place, source of v/ater, etc. for-rare or endangered wildlife on fish species? 9. Could the activity significantly affect fish, wildlife or plant life? . ; •.10. Are there any rare or endangered plant species in the activity .area?. . 11. Could the activity change existing features of any,of • ..the city's lagoons, bays, or tidelands? • 12. Could the activity change existing features of any of the City's beaches? •13. Could'the activity result in the erosion or elimipation of .agricultural lands? ' . > . .' 14. Could the activity serve to encourage development of .presently undeveloped areas or intensify development of already developed areas? • • ' Yes No •15., K'iU the activity require a variance from establi.shed environmental standards (air, v/atcr, noise, etc)? . ' . 16. V'ill the activity require certification, authorizetion or issuance of a pennit by any. local. State or Federal environmental control agency? 17. V/ill the'activity require issuance of a variance or conditional use permit by the City? • ' .18. Will the activity involve the application, use, or disposal of potentially hazardous materials? ; 19. Win the activity involve construction of facilities in a flood . • -plain? • • 20. Viill the activity involve construc.tion of facilities on a slope of 25 percent or greater? 21. Will the activity involve construction of facilities in the area of an active fault? 22. Could the activity result in the generation of significant amouats of noise? 23. Could the activity result in the generation of significant amounts of dust? 24. Will the activity involve the burning of brush, trees, or other materials? • . •• • 25. Could the activity result in a significant change in the . ' ' quality of any portion of the region's air or-water resources? (Should note surface, ground water, off-shore). 26. Will there be "a significant change to existing land form? (a) indicate estimated grading to be done in cubic yards.^ (b) percentage of alteration to the present land form. -p (c) maximum height of cut or fill slopes, • .27. Will the activity result in substantial increases in the use of utilities, sewers, drains or streets? in. State of No Significant Environmental Effects If you have answered yes to one or more of the questions in Section II but you , think the activity will have oo significant environmental effects, indicate your reasons below: see- #. 16, above. Approval has been, feeceived from the State Coastal Comnission fop seven, Z B/R, apartments* and ':i*ej have received Notitet of Determin- ation of Non- materiality on our request for amnendmeht to six cohdominiums^ XX IVComments or Elaborations to Any of the Questions in Secti'on II. (If additional space is needed for answering any questions, attach additional sheets as may be. needed.) Signature Date Signed: yO iMi Ann, l-i PQXLE. Mi^WHITLCW, General Partner-,. S_&-L_Enteia»rl*es— .. (Person compieting report; Jan 26, 1977 Conclusions (To be completed by the Planning Director). Place a check in the appropriate box, ( ) Further information is required. ( ) It has been determined that the project will not have significant environmental effects. ( ) You. must submit a preliminary environmental impact statement by the 1^ollowing date { ) You • -should make an appointment with thfe Planning Director to discuss further processing of your project, in accordance with Chapter 19.0^ of the Municipal Code. DATE RECEIVED:' BY: Planning Director, or. Revised 7/3/74 STAFF REPORT March 9, 1977 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT CASE NO: CT 77-4 APPLICANT: S&L ENTERPRISES REQUEST: APPROVAL OF A 1 LOT, 6 DWELLING UNIT CONDOMINIUM PROJECT. SECTION I: RECOMMENDATION Staff recommends APPROVAL of Carlsbad Tract 77-4 for the following reasons and subject to the following conditions: FINDINGS 1) The proposed map is consistent with the General Plan because: a) The Land Use Element designates the site for residential land use at 20-30 dwelling units per acre. The project provides about 20 dwelling units per acre. 2) The design or improvement of the proposed subdivision is consis- tent with the General Plan because: a) The project will provide orderly residential development; and b) The project will not cause excessive expansion of public facilities and/or expense to the taxpayer. 3) The site is physcially suitable for the type of development because: a) The site is an existing lot; and b) All significant public improvements are existing including street improvements. 4) The site is physically suitable for the proposed density of development because: a) Dwelling units to be provided per acre are consistent with General Plan density; and b) All pre-building site preparation has been accomplished previ ously. 5) The design of the subdivision or the imposed improvements are not likely to cause substantial environmental damage or sub- stantially and unavoidably injure fish or wildlife or their habitatbecause: a) A negative declaration has been issued for the project based on the following findings: 1) The project is surrounded by urban development; 2) Public facilities are adequate to serve the project; and 3) The project has been reviewed and approved by the Coastal Commission. 6) The design of the subdivision or the type of improvements are not likely to cause serious public health problems because: a) Conditions of approval will insure adequate public health facilities; and b) Public sewer and water facilities are available to the site. 7) The design of the subdivision or the type of improvements will not conflict with easements required by the public at large for access through or use of property within the proposed subdivision because: a) No such easements are required. 8) The subdivision will not prohibit reasonable access to public waterways, rivers, streams, lakes, reservoirs, coastlines or shorelines because: a) Public access to the beach already exists. CONDITIONS : 1) The approval is granted for the land described in the application and any attachments thereto and as shown on the plot plan submitted labeled Exhibit A, dated January 31, 1977. 2) Park-in-lieu fees shall be paid to the satisfaction of the Parks and Recreation Director prior to final map approval. 3) A landscape and irrigation plan shall be approved by the Parks and Recreation Director prior to the issuance of building permits and all landscaping and irrigation will be installed prior to final occupancy. 4) No vehicular access shall be permitted along Carlsbad Boulevard. •2- SECTION II: BACKGROUND Location and Description of Property: The 12,988.25 sqaure foot parcel is located at the northeast corner of Maple Avenue and Carlsbad Boulevard. The parcel is generally rectangular in shape and lies across Carlsbad Boulevard from the recently improved stretch of Carlsbad State Beach. Existing Zoning: Subject Property: R-3 North: R-3 South: R-3 East: R-3 West: 0-S Existing Land Use: Subject Property: Vacant North: Various density residential East: Various density residential South: Various density residential West: State Beach Past History and Related Cases: An Adjustment Plat (#110) was filed in 1976 joining two existing lots Public Facilities: Water and sewer service are available to the site by the City of Carlsbad. Attachments: Location Map Exhibit A, dated January 31, 1977 MZ : ar (2/25/77) •3- PACIFIC OCEAN 0 500 Case No/ai77r4L_Date Rec'd: {^^pj/jy DCC Date::?///?7 PC DateJ'/^//'/ Description of Request:_j;^ C<2A^^i;^M|iJ)/(;A<fJoO "^I^^a^-g-^^-gTL Address or Location of Request: 3l A££li ca n t: _^t7U^^J^:PIE^.^K.\<^ ^ ^ f^ef Legal :_UiE5__^i-(i:^ ^L^Cw:.. C--.c::^g. PAL|j£Ai2^-^.^LP / .74:7- Assessor' Book: 2-JC>^ Page: J4-T General Plan Land Use Description: Existing Zone: R.-3 Acres: No. of Lots:_ School Districtij^/l/^/^j^j^__i)jOiK^ Parcel: 4 IO Proposed Zone: t^pK DU/Acre 2.0 Water Sanitation District: CITY C/\^?.^^f\t? Within Coast Plan Area: ApP:. jCoast Permit Arc3:. <f^<. FORM PLANNING 52 Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of San Diego County 3088 PIO PICO AVENUE • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication STATE OF CALIFORNIA, js COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbdd Joumal a newspaper of general circulation, printed and published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: NOTICE OF DECLARATION OF NONSIGNIFICANT ENVIRONMENTAL IMPACT NOTICE IS HEREBY GIVEN that the following projects have submitted en- vironmental impact information to the City of Carlsbad in accordance with the Environmental Protection Ordinance of 1972 (Ord. 1150) and have been de- clared to have a non-significant envi- ronmental impact. For further informa- tion, contact the Carlsbad Planning De- partment CARLSBAD PLANNING DEPARTMENT Applicant: S&L Enterprises. Location: NE corner of Maple Ave. & Carlsbad Blvd. Activity: 6 unit condominium. Reason for Negative Declaration: 1) Project is surrounded by urban de- velopment. 2) Public facilities are adequate to serve the project. 3) Project has been reviewed and ap- proved by the Coastal Commision. CJ 687w: March 2,1977 19.77. 19 19 19 19 . . I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of Calitornia on the 2nd of Pz^iich 1977 Clerk of the Printer Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of San Diego County 3088 PIO PICO AVENUE • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication STATE OF CALIFORNIA, 55 COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principo I clerk of the printer of the Carlsbad Joumal a newspaper of general circulation, printed and published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned hod and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: NOTICE OF PUBLIC HEARING CARLSBAD TRACT CT 77-4 NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Cairlsbad, California, at ';:00 P.M., on Wednesday, March 9,1977, to consider an application for adoption of a Tentative Map for a six (6) unit con- dominium development on a lot ap- proximately 13,000 sq. ft., located at the northeast comer of the intersection of Maple Avenue and Carlsbad Boule- vard, and more particularly ((escribed as: Lots 9 and 6, Blocic C, of Palisades Subdivision, in the City of Carlsbad, County of San Diego, State of Califomia, according to map thereof No. 1747, filed in the Office of the county Recorder of San Diego County, Febmary 5,1923. Those persons wishing to spealt on tbis proposal are cordially invited to at- tend the public hearing. Ifyou have any questions, please call 729-1181 and asic for the Planning Department. Applicants: FARRIS E. WANKIER and DOYLE M. WHITLOW CITY OF CARLSBAD PLANNING COMMISSION PACIF OCEAN CJ 225s: Febmary 26,1977 e.Qru: .r:y.. /7b 19.77. 19 19 19 19 I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on the 23 th of Itebrvici ry 1977 day Clerk of the Printer DEPARTMENT OF REAL ESTATE OF THE STATE OF CALIFORNIA (213) 620-2700 In the matter of the application of S&L EKTERi=RISES HTVESTMEINTS, A Partnership FINAL SUBDIVISION PUBLIC REPORT FILE NO. U0192 ISSUED DECEMBER 27, 1977 for a Final Subdivision Public Report on CARLSBAD TRACT JjAif 1> MAP NO. 8695, LA POSADA SAN DIEGO CODKTY, CALIFORNIA EXPIRES DECEMBER 26, I982 This Report Is Not a Recommendation or Endorsement of the Subdivision But Is Informative Only. Buyer or Lessee Must Sign That He Has Received and Read This Report. This Report Expires on Date Shown Above. If There Has Been a Material Change in the Offering, an Amended Public Report Must Be Obtained and Used in Lieu of This Report. Section 35700 of the California Health and Safety Code provides that the practice of discrimination because of race, color, religion, sex, marital status, national origin or ancestry in housing accommodations is against public policy. Under Section 125.6 of the California Business and Professions Code, California real estate licensees are subject to disciplinary action by the Real Estate Commissioner if they make any discrimination, distinction or restriction in negotiating a sale or lease of real property because of the race, color, sex, religion, ancestry or national origin of the prospective buyer. If any prospective buyer or lessee believes that a licensee is guilty of such conduct, he or she should contact the Department of Real Estate. Information Regarding Schools can be found on Page 5 of this report. READ THE ENTIRE REPORT on the following pages before contracting to purchase a lot in this SUBDIVISION. Page 1 of 6 Pages R/E Form 618 10/76 COMMON INTEREST SUBDIVISION GENERAL INFORMATION The project described in the attached Subdivision Public Report is known as a common-interest subdivision. Read the Public Report carefully for more information about the type of subdivision. The subdivision includes common areas and facilities which will be owned and/or operated by an owners' association. Purchase of a lot or unit automatically entitles and obligates you as a member of the association and, in most cases, includes a beneficial interest in the areas and facilities. Since membership in the association is mandatory, you should be aware of the following information before you purchase: Your ownership in this development and your rights and remedies as a member of its association will be controiled by goveming instruments which generally include a Declaration of Restrictions (also known as CC&R's), Articles of Incorporation (or association) and Bylaws. The provisions of these documents are intended to be, and in most cases are, enforceable in a court of law. Study these documents carefully before entering into a contract to purchase a subdivision interest. board. In short, "they" in a common-interest subdivision is "you". Unless you serve as a member ofthe governing board or on a committee appointed by the board, your control of the operation of the common areas and facilities is limited to your vote as a member of the association. There are actions that can be taken by the governing body without a vote of the members of the association which can have a significant impact upon the quality of life for association members. In order to provide funds for operation and maintenance of the common facilities, the association will levy assessments against your lot/unit. If you are delinquent in the payment of assessments, the association may enforce payment through court proceedings or your lot/unit may be liened and sold through the exercise of a power of sale. The anticipated income and expenses of the association, including the amount that you may expect to pay through assessments, are outlined in the proposed budget. Ask to see a copy of the budget if the subdivider has not already made it available for your examination. A homeowner association provides a vehicle for the ownership and use of recreational and other common facilities which were designed to attract you to buy in this subdivision. The association also provides a means to accomplish architectural control and to provide a base for homeowner interaction on a variety of issues. The purchaser of an interest in a common-interest subdivision should contemplate active participation in the affairs of the association. He or she should be willing to serve on the board of directors or on committees created by the Until there is a sufficient number of purchasers of lots or units in a common-interest subdivision to elect a majority of the goveming body, it is likely that the subdivider will effectively control the affairs of the association. It is frequently necessary and equitable that the subdivider do so during the early stages of development. It is vitally important to the owners of individuai subdivision interests that the transition from subdivider to resident-owner control be accomplished in an orderly manner and in a spirit of cooperation. When contemplating the purchase of a dwelling in a common-interest subdivision, you should consider factors beyond the attractiveness of the dwelling units themselves. Study the governing instruments and give careful thought to whether you will be able to exist happily in an atmosphere of cooperative living where the interests of the group must be taken into account as well as the interests of the individual. Remember that managing a common-interest subdivision is very much like governing a small community . . . the management can serve you well, but you will have to work for its success. • - DRE Page 2 of 6 Pages File No. k0192 SPECIAL NOTES THIS PROJECT IS A COMMON INTEREST SUBDIVISION QP THE TYPE REFERRED TO AS A CONDCMENIUM. IT WILL BE OPERATED BY AN UNINCORPORATED OWNERS ASSOCIATION, LA POSADA CONDOMINIUM OWNERS ASSOCIATION. THE ASSOCIATION HAS THE RIGBT TO LEVY ASSESSMENTSAGAINST YOU FOR MAINTENANCE OF THE COMMON AREAS AND CTHER PURPOSES. YOUR CONTROL OF OPERATIONS AND EXPENSES IS NORMALLY LIMITED TO THE RIGHT OF YOUR ELECTED REPRESENTATIVES TO VOTE ON CERTAIN PROVISIONS AT MEETINGS. THE SUBDIVIDER HAS STATED THAT HE WILL PROVIDE YOU WITH A COPY OF THE RESTRICTIONS BY POSTING THEM IN A PRCMIHENT LOCATION IN THE SALES OFFICE AND FURNISHING YOU COPIES PRIOR TO CLOSE OF ESCROW. THIS DOCUMENT CONTAINS NUMEROUS MATERIAL PROVISIONS THAT SUBSTANTIALLY AFFECT AND CONTROL YOUR RIC2TS, PRIVILEGES, USE, OBLIGATIONS, AND COSTS OP MAINTENANCE AND OPERATION. YOU SHOULD READ AND UNDERSTAND THIS DOCUMENT BEFORE YOU OBLIGATE YOURSELF TO PURCHASE A UNIT. THE SUBDIVIDER STATED HE WILL FURNISH THE CURRENT BOARD OF OFFICERS OF THE HOMEOWNER ASSOCIATION THE BUILDING PLANS TO INCLUDE DIAGRAMS OF LOCATION OF MAJOR COMPONENTS, UTILITIES AND RELATED DATA. THESE ITJMS WILL BE IMPORTANT TO THE BOARD OF OFFICERS OR THOSE WHO WILL MANAGE OR REPAIR COMMON FACILITIES IN THIS SUBDIVISION. THE SUBDIVIDER ENTERED INTO A CONTRACT WITH THE CITY OF CARLSBAD ON APRIL l8, 1977 WHICH OUTLINES FUTURE PUBLIC IMPROVEMENTS TO BE MADE ON THIS TRACT. THE CONTRACT RECORDED APRIL 19, 1977 AS FILE NO. 77-1^3^09 IN THE OFFICIAL RECORDS OF SAN DIEGO COUNTY RECORDER'S OFFICE. THE IMPROVEMENTS ARE NCT REQUIRED TO BE MADE PRIOR TO APRIL 15, 1978. IF YOU PURCHASE TWO OR MORE UNITS, THE SELLER IS REQUIRED TO NOTIFY THE REAL ESTATE COMMISSIONER OF THE SALE. IF YOU INTEND TO SELL A UNIT OR LEASE A UNIT FOR MORE THAN ONE YEAR, YOU ARE REQUIRED TO OBTAIN AN AMENDED SUBDIVISION PUBLIC REPORT BEFORE YOU CAN OFFER THE UNITS FOR SALE OR LEASE. WARNING. WHEN YOU SELL YOUR CONDOMINIUM UNIT TO SOMEONE EL5E, YOU MUST GIVE THAT PERSON A COPY OF THE DECLARATION OF RESTRICTIONS, AND OF THE ARTICLES OF INCORPORATION, AND OP THE BYLAWS. IF YOU FORGET TO DO TEES, IT MAY COST YOU A PENALTY OF $500,00 — PLUS ATTORNEY'S FEES, PLUS DAMAGES. (SEE CIVIL CODE SECTION 1360.) INTERESTS TO BE CONVEYED; You will receive fee title to a specified unit together vith an undivided fractional fee interest as a tenant in common in the common area, together with a membership in La Posada Condominium Owners Association and rights to use the common area. LOCATION AND SIZE; In the City of Carlsbad near Carlsbad Boulevard and Maple Avenue. Approximately 0.29 acres on which one building containing 6 units and 9 garages and 3 open parking spaces will be constructed, together with common facilities consisting of landscaping, driveways amd walks. MANAGEMENT AND OPERATION; The La Posada Condominiiim Owners Association, which you must join, manages and operates the common areas in accordance with the Restrictions, Articles of Incorporation and the Bylaws. Page 3 of 6 Pages File No. i+0192 MANAGEMENT AND OPERATION; The subdivider has submitted a budget for the maintenance and operation of the common areas and for long term reserves. You should obtain a copy of this budget from the subdivider. Under this budget, the monthly assessment against each subdivision unit is $5^.23 of which $11.82 is a monthly contribution to long term reserves and is not to be used to pay for current operation expenses. IF THE BUDGET FURNISHED TO YOU BY THE DEVELOPER SHOWS A MONTHLY ASSESSMENT FIGURE WHICH VARIES 10^ OR MORE FRCM THE ASSESSMENT AMOUNT SHOWN IN THIS PUBLIC REPORT, YOU SHOUID CONTACT THE DEPARTMENT OP REAL ESTATE BEFORE ENTERING INTO AN AGREEMENT TO PURCHASE. The association may increase or decrease assessments at any time in accordance with the procedure prescribed in the CCStR^s or Bylaws. In considering the advisability of a decrease (or a smauLler increase) in assessments, care should be taken not to eliminate amounts attributable to reserves for replacement or major maintenance. THE INFORMATION INCLUDED IN THIS PUBLIC REPORT IS APPLICABLE AS QP THE DATE QP ISSUANCE. EXPENSES OP OPERATION ARE DIFFICULT TO PREDICT ACCURATELY AND EVEN IF ACCURATELY ESTIMATED INITIALLY, MOST EXPENSES INCREASE WITH THE AGE OF FACILIPIES AND WITH INCREASES IN COST OF LIVING. Monthly assessments "will commence on all units on the first day of the month follow- ing the closing of the first sale of a unit. From that time, the subdivider is required to pay the association a monthly assessment for each unit which he owns. The remedies available to the association against owners who are delinquent in the payment of assessments are set forth in the CC&R's. -These remedies are available against the subdivider as well as against other owners. The subdivider has deposited funds in escrow in the amount of $2,025.00 as partial security for his obligation to pay these assessments. The governing body of the association should assiH-e itself that the subdi- vider has satisfied his obligations to the association with respect to the payment of assessments before agreeing to a release or exoneration of the security. EASEMENTS; Information as shown on the title report and the subdivision Map No. 8695 recorded in the Office of the San Diego County Recorder, October I8, 1977, File No. 77-^27279. The condominium plan recorded November h, 1977, File No. 77-4587i|-7. USES AND ZONING; A Santa Fe railroad tract is approximately three blocks from the project. RESTRICTIONS; This subdivision is subject to restrictions recorded in the Office of the San Diego County Recorder, November k, 1977, File No. 77-^5871^8, which include numerous provisions that affect suid control the use of the property. TAX ESTIMATES; If the subdivider is unable to give you the current tax information, you may approximate your taxes as follows: TAKE 25/6 OF THE SALES PRICE, DIVIDE BY 100, AND THEN MULTIPLY BY THE TOTAL TAX RATE. THE TAX RATE FOR THE 1976-77 FISCAL YEAR IS $10.27^4-. THE TAX RATE AND ASSESSED VALUATION MAY CHANGE IN SUBSEQUENT YEARS. FOR EXAMPLE, ANY BONDED DEBT OR SPECIAL DISTRICT ASSESSMENT APPROVED AFTER THE ABOVE TAX RATE HAD BEEN SET COULD INCREASE THE FUTURE RATE. Page it- of 6 Pages File No. k0192 CONDITIONS OF SALE; If your purchase involves financing, a form of deed of trust and note will be used. These documents contain the following provisions. An acceleration clause. This means that if you sell the property or use it as security for another loan, the lender may declare the entire unpaid balance inmediately due and payable. A late charge. This means that if you are late in making your monthly payment, you may have to pay an additional amount as a penalty. A prepayment penalty. This means that if you wish to pay off your loan in whole or in part before it is due, you may be required to pay an additional amount as a penalty in accordance with the terms of the loan. BEFORE SIGNING, YOU SHOULD READ AND THOROUGHLY UNDERSTAND ALL LOAN DOCUMENTS. PURCHASE MONEY HANDLING; The subdivider must impotind aH funds received from you in. an escrow depository until legal title is delivered to you. (Refer to Sections 11013 and 11013.2(a) of the Business and Professions Code.) If the escrow has not closed on your unit within twelve months of the date of your deposit receipt, you may request return of your deposit. GEOLOGIC CONDITIONS; THE UNIFORM BUILDING CODE, CHAPTER 70, PROVIDES FOR LOCAL BUILDING OFFICIALS TO EXERCISE PREVENTIVE MEASURES DURING GRADING TO ELIMINATE OR MINIMIZE DAMAGE FROM GEOLOGIC HAZARDS SUCH AS LANDSLIDES, FAULT MOVEMENTS, EARTHQUAKE SHAKING, RAPID EROSION OR SUBSIDENCE. THIS SUBDIVISION IS LOCATED IN AN AREA WHERE SOME OF THESE HAZARDS MAY EXIST. SOME CALIFORNIA COUNTIES AND CITIES HAVE ADOPTED ORDINANCES THAT MAY OR MAY NOT BE AS EFFECTIVE IN THE CONTROL OF GRADING AND SITE PREPARATION. PURCHASERS MAY DISCUSS WITH THE DEVELOPER, THE DEVELOPER'S ENGINEER, THE ENGINEERING GEOLOGIST, AND THE LOCAL BUILDING OFFICIALS TO DETERMINE IF THE ABOVE-MENTIONED HAZARDS HAVE BEEN CONSIDERED AND IP THERE HAS BEEN ADEQUATE COMPLIANCE WITH CHAPTER 70 OR AN EQUIVALENT OR MORE STRINGENT GRADING ORDINANCE DURING THE CONSTRUCTION OF THIS SUBDIVISION. PUBLIC TRANSPORTATION; Bus service is adjacent to the subdivision. SCHOOLS; The Carlsbad Unified School District has approved and ratified information of the nearest schools, distances to the most remote unit, availability of school bus transportation, and bus charges, as indicated: Distance Bus Grades Miles Available Charges Jefferson Elementary School K-3 0.95 mi. No 31^3 Jefferson Street Pine Avenue Elementary School '+-6 1.^4-1 mi. No 3333 Harding Street Valley Junior High School 7-^ 1.59 mi. No 1624-5 Magnolia Avenue Carlsbad High School 9-12 1.81|- mi. No 3557 Monroe Street NOTE; This school information was provided by the school district prior to the issuance of the public report. Purchasers may contact the local school district office for auay changes in school assignments, facilities and bus service. Page 5 of 6 Pages File No. ^40192 For further infonnation in regard to this subdivision, you may call (213) 620-2700 or examine the documents at I07 South Broadway, Room 7001, Los Angeles, California 90012. BM:eh Page 6 of 6 Pages File No. 40192 PiECEiYED €(§]irDgIeX2i(2l TOio(t(Ql g(g[h(oxo)D (ologihrkit 001 pine avenue corlsbodcQliforniQ 92000 729-9291 JAN 2 5 1977 CITY OF CARLSBAD January 25, 1977 ^'^""'"8 Department Reference: S&L Enterprises 6-unit Apartment Building Mr. Eric Larson, Chairman and Members of the Planning Commission City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 GT Attention: Mr. Bud Plender, Acting City Planning Director Gentlemen: Our district has reviewed the proposed 6-unit apartment building generally located at the northeast corner of Carlsbad Boulevard and Maple Avenue as referenced above and has evalxiated the impact of that develop- ment on the facilities of our district. The Governing Board wishes to advise the City officials and the residents of Carlsbad that as residential units are added to the community, it is likely that many classes in the district will be crowded, resulting in possible impairment to the educational and transportational services offered to the students. It is also likely that school schedules may have to be changed, resulting in an increase in the year-round school program, or double sessions, or both. However, the district is able to assure you that school physical facilities will be available concurrent with need for this development as it is presently proposed. Very truly yours, R. A. Crawfc District Superintendent FHL:RAC:aw CC: S&L Enterprises Attention: Doyle M. Whitlow 7 7 ROBERT A. CRAWFORD DISTRICT SUPERINTENDENT BOARD OF EDUCATION THOMAS L. CURTIN. M.D. W. ALLAN KELLY RICHARD R. O'NEIL. M.D. MARY A. SCHERR HOPE WRISLEY •• 'Rece1 pt No. AJ^'7> A APPLICATION NO. CARLSBAD TRACT 77-4 CITY OF CARLSBAP V (Please Type or Print) ' .- ' ' Dates 1/27/77 1. REQUEST: Tentative Subdivision Map for: \ Six (6) Unit Condominium (Land division - air space division - combination land and air space division) 2. LOCATION: The subject property is generally located on the East ^Side of CTlsbad Blvd fesdattm at the NE comer aaotti of the Intersection of Maple Ave and Carlasbad Blvd ; 3. ASSESSOR'S NUMBER: Book 204 Page 141 Parcel 9 Book 204 Page I4l Parcel lo (If more, please list on bottom of page). 4. OWNER(S): Name Address City Zip Phone S&L toterprises, A Partnership 13787 Condesa Dr., Del Mar. 92014. 755-8434 5. Person responsible for preparation of Map Name Address City ' Zip Phone Brown & Voght 621 S Santa Fe Ave VI ara 92083' 744-0920 Registration or License No. :__Jf_^?£^ ; : APPLICANTS SIGNATURE.: I.hereby declare that all information contained within this application is true; and that all standard conditions as indicated on the attachment have been read, understood and agreed to. Name Address City Zip Phone FARRIS E- WANKIER 13985 Ml 1-4 MnnhA ni-r, n*1 M^r * 9?01A 755^3288 DOYLE M. WHITLOW 13787 Condesa Dr.- Del M«r QOCWL Representing (Company or Corporation) S&L Enterprises, A Partnership Relationship to Property Owner(s) General Partners The City of Carlsbad Planning Department would appreciate the opportunity to work with the applicant throughout.the Planning Stages of the proposed development. In an effort to aid the applicant, the Planning Department requests that it be given an opportunity to evaluate and discuss the application and • plans prior to submittal. This request is not a requirement; •however, it may avoid major redrafting or revision of the plan which only serves to lengthen the processiira •nbia^V-, ^ iSiiCEi VED • ATTACHMENTS: Supplemental Information Form - PI anni ng ^|\|'2 7 1977 Time Extension Agreement - Planning 37 Standard Conditions - Planning 28 PITV nc r>Ar. Preparation Check List - Planning 33 pil; , • ^^^'-^BAD Procedures - Planning 36 *^™'ng Department FORM: Planning B Date of Planning Commission Approval J SUPPLEMENTAL INFORMATION FORM SPECIFIC PLAN/TENTATIVE SUBDIVISION MAP PLANNED UNIT DEVELOPMENT/SITE ^DEVELOPMENT PLAN . SPECIAL.USE PERMIT 1. Gross Acres (or square footage if less than acre) 12.988,25 sq ft 2. Number of Lots one (l)(Plat adjustment approved) 3. - Type of Development Residential (Residential', Commercial,' Industrial) 4. Present Zone R-3 Proposed Zone N/A (if change requested) 5. General Plan Land Use Designation High Density 6. Source of Water Supply city of Carlsbad 7. Method of Sewage Disposal city of Carlsbad 8. Types of Protective Covenants to be Recorded^ c c & R's 9. Transportation Modes Available to Service the Development, North County Bus Service ,10. If residential development please complete the following a) School District Serving the property Carlsbad Unified School District b) Are school facilities capable of serving this project Yes (Written confirmation' of this requirement must be received by the Planning Department at least one week prior to Planning Commission hearing. If not received by this time the request will be denied.) 11. Methods proposed to reduce sound levels Insulated, double walls with air space betfreen 12. Methods proposed to conserve energy Will conform to State Energy Conservation standards Additional sheets may be attached if necessary to answer any of the above questions. FORM Planning 20 Date of Planning Commission Approval ^"^"^-^ \ STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP CITY -OF CARLSBAD' pf!nnina'rlml?c -"^ ' ^'^^^ ^^^^ ^'^^ restriction on Planning Commission processing of Tentative Maps. This time limit tl. cffl ^%^^<^^"ded by the mutual concurranceVf the app icanJ Ind l^th III accepting applications for tentative maps concurrently ciss 1hrf???l'??S!°r' 'A ^":^ttem'pt to speed up the overa pro- hi.! f^fty {50) day time limit is often exceeded-. If you wish to have your application processed concurrently, this agreement must the' L"? rne^t'lhP^'U'^"',?' 'A '''''' choose'not'to si tentaUve maD'u^fl iT " ''"^^ application for the ^ ce%\'ed and approv':]/" ''''' necessary entitlements have been pro- In either circumstance, the City will process your request within the earliest time period, however, in no circumstance shall this delay be greater than 150 days from the day of submittal of appli- cation. The undersigned understands that the processing time required by the City may exceed fifty (50) days, therefore the undersigned agrees to extend the fifty (50) day processing limitation and fully concurs with any extensions of time up to one hundred and fifty (150) days that may be required to properly review all of my appli- cations in order that the environmental impact report and any other prerequisites to this application may be processed concurrently. ihplz? re .St^ature Da FARRlSE. WANKIER [ General Partner Name (Print) ^ [ Relationship to Application ' (Property Owner-Agent) General Partner FORM Planning 37 Date of Planninq Commission Approval CITY 0, CARLSBAD 'ENTATIVE 'SUBDIVISION MAP< Subdivision and development shall meet all requirements of the subdivision, zoning, building codes, and General Plan and other laws, ordinances or regulations of the Dity of Carlsbad, and other governmental agencies. Some-of the more pertinent requirements and procedures of the City are listed below for your information and concurrence. Please read this list carefully and feel free to ask for further information or explanation. 1. Final Map shall be completed within.18 months from the date of final City Council action on the Tentative Subdivision Map. Two. extensions of one-year each may be approved by City Council upon staff review of the original decision. 2. The Final Map shall substantially conform to the Tentative Subdivision Map. If otherwise, the Final Map will be rejected a'nd new Tentative Subdivision Map , hearings will be required for the revised plan. 3. ' All public improvements shall be made in conformity with the c • Subdivision Ordinance and other City Standards, to the satis- faction of the City Engineer, without cost to the City of Carlsbad and free of all liens and encumbrances. 4. Prior to any construct.ion, the applicant shall submit plans to the*appropriate entity providing domestic water to the proposed development, for its approval of the location, type and adequacy of water lines. 5. Prior to any construction, the applicant shall obtain approval from the City F.ire Department of the location and size of fire hydrants. 6. The applicant shall install all required- fire hydrants and -dry-stand pipes prior to framing construction, and said fire appurtenances shall be functional prior to commencing such work. 7. Street trees, as required by the City, shall be installed by the applicant at his expense. Trees shall be of a type approved by the Parks Department and shall be installed to their specifications. 'If removal of any existing trees is .required by "the City, said removal shall be at the applicant's expense. It shall be the responsibility of the applicant to make all arrangements with the Parks Department concerning the requirements of this condition. 11 8. A detailed grading plan which includes proposed drainage and erosion control landscaping and for other measures such as desilting basins shall be approved by the City Engineer prior to Final Map. 9. - Immediately after grading, erosion control landscaping and/or other measures such as desilting basins shall be installed. This control may be the final landscaping. if so approved. 10. A detailed landscape and sprinkler plan shall be sub- mitted for PIanning.Director's approval for all graded slopes 5' or greater in height and any other areas re- quired by the City, Prior to final building inspection clearance, all land- scaping shall be installed or adequate bonding accepted. Said landscaping shall be maintained in a manner accept- able to the Planning Director. '12. No signs or advertising of any type whatsoever shall be. erected or Installed until plans thereof have been approved by the City of Carlsbad. As part of the approval process, the City may modify these conditions or add others, especially those of a more specific nature, The sub- , dividor will bc notified of these modifications or additions by Resolution. p, n J 9 0 J PREPARATION CHECK LIST TENTATIVE SUBDIVISION MAP A. Documents Required for Submittal 7^. 7. Application with supplemental' information sheet completed. Time extension agreement signed, if desired. Photostatic copy of deed With complete legal description of subject property or other form of description acceptable to the Planning Director. Twenty-eight ozalid prints of the Tentative Subdivision Map. Environmental Impact Statement or Report with Fees (if required). . ,^^6^ Fee for tentative subdivision map: $200.00 + $5.00 for each lot between 1 - 25, + $3.00 for each lot between 26 - 100, + $1.00 for each lot over 100, Extension $100.00 and Revision $100.00. Street name list for new streets (3 names for each street in conformance to Street Name Policy or one name chosen from approved Street Name List for each street). 300 Foot Radius.Map - A map to scale not less than 1" = 200' showing each lot within 300 feet of the exterior 'boundaries of the subject property. Each- of these lots shall be consecutively numbered and correspond with the property owners' list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impractical. Property Owners' List - A typewritten list of the name and address of all property owners within 300 feet as noted on the property owner map. This list must be accurate and taken from the latest equalized assessment roll on file In the office of the Assessor of San Dieqo County, 2945 Harding, Room 101, Carlsbad (Phone 714-729-5959). Drafting of Tentative Subdivision Map 1. Sheets to be 24" x 36."'with 1" border (Standard "D" size) 2. Scale to be indicated: 1" =80' is generally sufficient, however, the scale Is to be appropriate for sheet size 3. V North arrrow oriented to top or left side of sheet. 4. Lettering must be legible. It is preferred that it be drawn by mechanical means, in. ink, and heavy upper case. • 5. • Location map showing, the distance to the center line of the nearest intersection. 6. . Title block with name of subdivision, name and address of subdivider and drafter and pertinent Information such as number of lots, total acreage and date prepared. 7. Name and address of registered Civil Enqineer. 8. Carlsbad Tract Number, placed top right portion of sheet. FORM Planning 33 First Page" o ^ :/ C. Information on Map ^ ' 1. Existing adjacent public rights-of-way, showing dimensions and distance from, property line to center line. 2. Location of existing improvements, pavement, curbs, side- walks, etc. 3. Easements; type and location. 4. Location and dimension of all proposed public rights-of-way. 5. Radii of street curves. 6. Location and dimension of all public or private easements. 7. Location of rail road tracts within 300 feet of site. 8. Location and description of existing utilities. 9. Proposed streets to be labeled by alphabetical letters. 10. Grades of all proposed streets 11. Topographic contours at two-feet. intervals, with indication of manufacturing slopes. 12. Elevation of proposed building pads or sites. 13. Lot lines and dimensions 14. Lots to be numbered. 15. Location of watercourse or areas subject to flood. .16. Location of proposed storm drains.or other means of drainage (grades and size). 17. Location of existing building and structures. 18. Location of existing trees within both private and public, lands. * 19. Street sections (may be submitted on separate sheet). 20. Delineation of development phasing. . Form - Planning 33 Date of Planning Commission Approval • * PROCEDURES 1) Application to Planning Commission: In an effort to aid the applicant, the Planning Department requests that it be given • an opportunity to evaluate and discuss the application in its various stages of development prior to submittal. It is more effective if applicant meets directly with staff; however, written or telephone comm.unication'is acceptable. It is the responsibility of the applicant to make the initial contact for such meeting. 2) Submittal; Application will be accepted only if the applica- tion, plans and other pertinent materials are complete. Generally, the date application will be heard will be deter- mined By the submittal date as indicated within the approved planning Commission calendar. r3) Planning Commission Calendar: The'Planning Commission adopts an annual calendar that indicates application closing dates, staff review dates, staff report completion dates, and Plan- ning Commission hearing dates. You may acquire this calendar at the Planning Department. 4) Staff Review: On the date as indicated on the Planning Commission Calendar, City Staff conducts a review meeting on all items on the Planning Commission agenda. The applicant is invited to attend and to explain the project and respond to staff preliminary recommendations. Upon completion of this review. Staff will pre- pare final staff recommendations to be submitted to the Planning Commission. The final report with recommendations will be available at the Planning Department five days prior to the Planning Commission hearing (Friday afternoon prior to the Planning Commission meeting date). 5) Heari ng: The Planning Commission meets every 2nd and 4th Wednesday of the month at 7:30 p.m. or as indicated on the Planning Commission calendar. Depending on the type of appli- cation, the Planning Commission will either make a finding and forward to City Council ot make final action. 6) Appeal s': Final action by Planning Commission may be appealed to the City Council, provided such appeal is filed within ten (10) days after the Planning Commission action. The applicant should review with staff the procedure on the various types of applications. 7) Final Decision: The City will notify the applicant and property owner of the final decision. FORM: Planning 36 Date of Planning Co-mmission Approval 4-B-75