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HomeMy WebLinkAboutCT 81-16; LA COSTA LAND CO.; Tentative Map (CT)APWLICAT106M REQUEST XX Zone change 0 Precise Development Plan • 1General Plan Amendment El Specific Plan -' lu El Tentative Tract Nap 0 Site Development, Plan. El Planned Unit Development 0 Conditional Use Permit El Major Condominium Permit 0 Variance: o Minor Condominium Permit . 0 Planning Carrriission Detenninatiort C] Master Plan V 0 Special Use: Permit: • --'. .D.Major CondQttinium :Conversion:: ::. Cn1ete ,Desiption of project (attach additional sheets if necessary) • - V - V e attached c±iptio&prrjr1- V VV.- V V Ioca-b.ono:f Project La Costa-East El. Camino. .Real.. between .Al ga.Ro. & LaCosta I Avenue. Parcel 1: Southeast corner of A]icante Road .& Zamora Way - Par1 2: Northeast corner of Alicante Road •& Altiva Place. Parcel 3: Nort V.: V wes:t :rñé± of :A1±cáñtè: Road VA1tjy .V:VV.• :: V :: :VVVV.V• . - Legal Description (complete) V V V V•• Parcel 3 and a -portion- of Parcel V 4 of Parcel Map 11722 . V V V Assessors Parcel &inter Existing Land Use: Zone General Plan V V Parcel l=R.D.M. Parcel 1=RMH V V Parcel 2=R-.1-1 0. . Parcel 2=RLM . V V Parcel 3=R-1-1Q_ . Parce =RMEi Vacant Proposed Zone V Proposed General Plan Site Acreage V Parcel 1=R_1_7500: Parcel i Parcel jp V Parcel 1=10.2 Pa cel I V _ qL JLt Owner V V V V V V V V VA1icant V V V Name (Print or T~pe) V V V (Print or Type) V V V V Daon Corporation. Al Isenber Ric k' Enct 'Coman,y VJVVV mailing Address V Mailing Address • • V V P0 Box 2770 VVVV ••VVV V V V P0 Box 1129 V I City and State Zip Telephone City and State Zip Telephone Newport Beach;,CA 92660V752_7855 V (r1h9 C' C)7ppR 224V987 V I CERTIFY TH2T I AM THE CYNERS BEPRFSTI'JE I CERTIFY THAT I AM TIE IEG?L OER AND MAT ALL TEE ABOVE flOPNA1ITC1 IS TRUE AND THAT ALL 1BE ABOVE OR?KMOU IS TEJ AND CORRECT '10 TEE BEST- OF NY }OWLEDGE AND CORRECT TO '1HE BEST OF V -IA'1UI DATE SIGNATURE DATE V i ees Fced tecept b Date ApplIcatio Rec d 1- Rec y By Ct ciicatior Receed Stat: t Assqned Case , r90 Jow 4 ZZ TITLE INSURANCE AND TRUST 220 "A" STREET P.O. BOX 1150 SAN DIEGO, CALIFORNIA 92112 114-239-6081 MARCH 26, 1961 MEISTER COMPANY ATTN: MR. TERRY TEEPLE 510u CAMPUS OR. NEWPORT BEACH, CALIFORNIA 92660 YOUR REFERENCE: CARLSBAD TRACT OUR ORDER NO. : 1081347 PRELIMINARY SUBDIVISION REPORT FOR TENTATIVE MAP. FOR THE BENEFIT OF THE SUBDIVIDER, THE SUBDIVIDERtS ENGINEER, THE COUNTY OF SAN DIEGO, AND ANY CITY WITHIN WHICH THE SUBDIVISION IS LOCATED. IN CONNECTION WITH THE PROPOSED RECORDATION OF THE SUBDIVISION MAP, A PRELIMINARY EXAMINATION OF THOSE PUBLIC RECORDS WHICH UNDER THE RECORDING LAWS IMPART CONSTRUCTIVE NOTICE OF PATTERS RELATING TO SAID LAND, DISCLOSES THE FOLLOWING MATTERS. DATED AT 7:30 A.M. AS OF MARCH 239 1981 TITLE OFFICER: PRIJVENCE/VOTEL SIGNED: VESTEE: LA COSTA LAND CCMPANY, AN ILLINOIS CORPORATION EXCEPT I ONS: 1. GENERAL AND SPECIAL COUNTY AND CITY TAXES FOR THt FISCAL YEAR : 1981-82 A LIEN NOT YET PAYAhLE. 2. BONDS ISSUED BY SAN MARCUS COUNTY WATER DISTRICT UNDER THE IMPROVEMENT BOND ACT OF 1915 SHOULD APPEAR ON TAX ROLL -- SPECIAL ACCOUNT 6570-28 MAKE INQUIRIES TO SAN MARCUS COUNTY WATER DISTRICT, 188 WEST SAN MARCUS 1081347 PAGE 1 BOULEVARD, SAN MARCOS, CALIFORNIA; ATTN: GENE MADISON,. 3. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : COUNTY OF SAN DIEGO FOR : PUBLIC ROAD RECORDED : JANUARY 21, 1930, AS DOCUMENT NO. 35099 IN BOOK 1737, PAGE 4 OF DEEDS AFFECTS : SAID ROAD TO BE 60 FEET IN WIDTH OVER PARCELS C3 AND C4, HEREIN DESCRIBED, BEING ROAD SURVEY NO. 454 4. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAM) AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS & ELECTRIC COMPANY FOR : POLES AND WIRES RECORDED NOVEMBER 17, 1948, AS INSTRUMENT NO. 114756 AFFECTS : AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF LOT 10 OF RANCHO LAS ENCINITAS, DISTANT THEREON 23.6Z FEET NORTHERLY FROM THE SOUTHWEST CORNER THEREOF; THENCE FROM SAID POINT OF BEGINNING NORTH 8700' EAST 1043.02 FEET; THENCE SOUTH 411' WEST TO THE SOUTH LINE OF SAID LOT 10. 5. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO COUNTY FOR : PUBLIC ROAD RECORDED : MAY 41 1954 IN BOOK 5226 9 PAGE 582 OF OFFICIAL RECORDS AFFECTS : ROAD SURVEY NO. 454-A 6. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO GAS C ELECTRIC COMPANY, A CORPORATION FOR : A LINE OF POLES WITH WIRES SUSPENDED THEREON AND ALL NECESSARY AND PROPER GUYS, ANCHORAGE, CROSSARMS, BRACES AND OTHER FIXTURES FOR USE IN CONNECTION THEREWITH RECORDED : OCTOBER 299 19711 RECORDER'S FILE NC. 251349 AFFECTS : AS FOLLOWS: THOSE PORTIONS OF LOTS 8, 9, AND 1.0 OF RANCHO LAS ENCINITAS, ACCORDING TO MAP THEREOF NO. 8489 FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY; DESCRIBED IN A DEED RECORDED DECEMBER 23, 1969, RECORDER'S FILE NO. 2324909 EXCEPTING THEREFROM THAT PORTION DESCRIBED IN A DEED RECORDED DECEMBER 239 1970, RECORDER'S FILE NO. 235532. THE SAID EASEMENT IN THE AFORESAID LANDS SHALL BE THE SOUTHERLY 4.00 FEET OF THE ABOVE DESCRIBED PROPERTY. 108L347 PAGE 2 OL ALSO: THAT CERTAIN STRIP OF LAND 4.00 FEET IN WIDTH, BEING 2.00 FEET MEASURED AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 8; THENCE ALONG THE WESTERLY LINE THEREOF NORTH 2-48 1 40" WEST, 2.00 FEET; THENCE LEAVING SAID WESTERLY LINE NORTH 87 -11'20" EAST, 2.00 FEET; THENCE NORTH 8704 0 55" EAST, 918.99 FEET TO THE TRUE POINT OF BEGINNING OF THE CENTER LINE HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING NORTH 404'58" WEST, 25.00 FEET. 7. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIRMING SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FCR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : THE CITY OF CARLSBAD FOR : PUBLIC ROAD AND SLOPE RIGHT PURPOSES RECORDED : JULY 14, 19719 RECORDER'S FILE NO. 77-281161 AFFECTS : A PORTION OF SAID LAND SAID INSTRUMENT ALSO GRANTS THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF SAID RIGHT OF WAY WHERE REQUIRED FOR CONSTRUCTION AND MAINTENANCE. 8. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING OR REAFFIR?1NG SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES IN FAVOR OF : SAN DIEGO COUNTY FLOOD CONTROL DISTRICT, ZONE 1 FOR Z FLOOD DRAINAGE CHANNEL RECORDED : OCTOBER 221 1980, RECORDER'S FILE NO. 80-350521 AFFECTS PORTIONS OF LOTS 4, 51 8 AND 9 OF THE RANCHO LAS ENCINITAS, IN THE COUNTY OF SAM DIEGO, STATE OF CALIFORNIA, ACCORDING IC MAP THEREOF NC. 848 CM FILE IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, TOGETHER WITH THAT PORTION OF FRACTIONAL SECTION 6, TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN SAID COUNTY. 9. A DEED OF TRUST TO SECURE THE FAITHFUL PERFORMANCE OF EACH AND ALL OF THE OBLIGATIONS OF THE TRUSTOR UNDER THAT CERTAIN AGREEMENT, AND ANY OTHER OBLIGATIONS THEREIN CONTAINED. DEED OF TRUST DATED MARCH 10, 1981 TRUSTOR : LA COSTA LAND COMPANY TRUSTEE : TITLE INSURANCE AND TRUST COMPANY BENEFICIARY : THE TRUSTEES OF CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSICN FUND RECORDED : MARCH 109 1981, RECORDER'S FILE NO. 81-7Zeo2 SAID MATTER AFFECTS: HEREIN DESCRIBED LAND WITH OTHER PROPERTY 1081347 PAGE 3 10. A DEED OF TRUST TO SECURE AN INDEBTEDNESS OF THE M'OUNT STATED HEREIN DATED : MARCH 109 1981 AMOUNT $40,378,689.71 TRUSTOR : LA COSTA LAND COMPANY TRUSTEE : TITLE INSURANCE AND TRUST COMPANY BENEFICIARY : RANCHO LA COSTA, INC., A NEVADA CCRPORATION RECORDED : MARCH 109 19819 RECORDER'S FILE NO. 81-72863 SAID DEED OF TRUST IS SUBJECT TO THE DEED OF TRUST SHOWN ABOVE. SAID MATTER AFFECTS: HEREIN DESCRIBED LAND WITH OTHER PROPERTY 1081347 PAGE 4 , :... THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE CF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: CARLSBAD TRACT ---v 8EING A SUBUIVISION OF PORTIONS OF LOTS 4, 9 AND 10 OF RANCHO LAS ENCINITAS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCCRDING TO MAP THEREOF NO. 8489 FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 279 1698. 1081347 PAGE 5 If after the information you have submitted hs been reviewed, it is determined tat further infoati*s required, you will be so APPLICANT: Daon Corporation Name (individual, partnership,. - joint venture, corporation,, syndication) 4041 MacArthur Boulevard, Newport Beach, CA 92660' Business Address - - - - - (714) 752 -7855 - - Telephone Number AGENT: James L Goff - Name - 1-241 Elm Avenue -, C4r1sbad, CA 92008 Business Address - - (714) 434 -4578 - • -. -- - - - • -. MEMBERS: •' - - • Name "C individual, partner, joint - - Home Address venture, cor,oration syndication) - • Business Address - - Telephone Number Telephone Number Name - Home Address - 3isiness 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. James L. Goff-Daon Corporation • Applicant B Description of Project: This application involves three parcels of land within the Alicante Hills Subdivision in La Costa. We are requesting a General Plan Amendment and Zone Change for two of the parcels and a Zone Change only on the third parcel. Parcel 1 contains 10.2 acres. The exist- ing land use designation is RMH (10-20 DU/AC) and the present zoning is RD-N, which is the Residential-Multiple Zone, and allows a density in conformance with the RMH land use (10-20 DU/AC). The Developer is requesting a reduction in the allowable density by applying for a land use designation of RN (4-10 DU/AC) and a zone change to R-1-7500. Their intention is to develop the project with single family homes. Parcels 2 and 3 are separated by Altiva Place. is R-1-10 and we are applying for a zone change desire to construct the parcels as a Multiple D bined area of Parcels 2 and 3 are approximately land use designation of Parcel 3 (4.3 acres) is Plan amendment is necessary. For Parcel 2 (4.1 questing an amendment from an existing land use (0-4 DU/AC), to RNH (10-20 DU/AC). The existing zoning to R-D-M. The owners velopment. The corn- 8.4 acres. The present RMH, and no General acres), we are re- designation of RLM Below is a table showing the reduction in density that the approval of this application will accomplish: MAXIMUM DENSITY Proposed Area DU's./Existing Land Use DUs./Land Use Parcel 1 10.2 acres 204 RNH *44 RN Parcel 2 4.1 acres 16 RIJM Parcel 3 4.3 acres 86 RNH 86 RMH 18.5 acres 306 212 * Assumed 25% of land used for streets Results in a reduction in maximum density per this application of 94 dwelling units. FILING &EQUIREMENTS D General Plan 2½nndment/Zone Change 1. Application Form 2. General Pequirenent Items H-C) 3. Reproducible 1:500 scale map of subject property showing requested zoning and surrounding zoning and land uses 4. Fee: General Plan Amendment $200.00 + $5.00 per lot or acre Zone Change $500.00 J Master Plan/Specific Plan 1. Application Form 2. General Requirement Items: - eighteen(18) copies of items A-D - items E-O 3. Fee: Master Plan $1,000.00 + $2.00 per/acre Specific Plan $1,000.00 Master Plan Amendment: Minor $50.00 + 2.00 acre Major $500.00 + $2.00 acre Xi7{Tentative Tract Map ,v 1. Application Form 2. Eighteen (18) copies of the ¶Lntative Tract Map 3. General Requixenent Items - eightee copies of items____ - item I<S M-P 4. Fee: $500.00 (1-25 lots or units) $750.00 (26-100 lots or units) $1,000.00 (100 + lots or un.j.ts) Planned Unit Deve12ment 1, ?pplication Form 2, General Requirenent Items: - eighteen(18) copies of items A-D - items E-O 3. Fee: 4 or less units $50.00 5 or more units $200.00 Major condaninium Permit (5 or itore units) 1. Application Form 2. General Requirement Items: - eighteen(18) copies of ithts A-D - items E-O 3. Conversion to Condcxrttniums - list of names and addresses of all tenants of the project, 4. Fee: $50.00 + $1.00 per unit. D Minor Condcrniniun Permit (4 or less units) 1. Application Form 2. General Requirement Items: - three (3) copies of items A-D - items K, L, 0 3. Conversion to Condaniniurns - list of names and addresses of all tenants of the units to be converted to condcminiums. 4. Fee: $50.00 + $1.00. per unit [] Site 2eve1oprnt Plan I. .ç1ication Form 2. General Requirement Items - thirteen(13) copies of items A-D - items E-L, 0 3. Fee: $350.00 D Conditional Use Permit 1. 21ication Form 2. General Requirement Items: - thirteen (13) copies of items A-D - items E-0 3. Fee: $400.00 4. Conditional Use Permit Supplemental Sheet D Variance 1. Alication Form 2, General Requirement Items: thirteen(13) copies of itan A - items E,G,H, J-N, and I if applicable (see Title 19. Evironment) 4* 3. Variance Supplemental Sheet 4. Fee: Single Family = $100.00 Other = $250.00 D Planning Ccn'rnission Determination 1. Application Form 2. One page statarent precisely indicating the determination request. 3. General Requirement Items: - thirteen(13) copies of items A and D - items H, K, and L 4. Fee; $25.00 II. GENERAL .2" A. Site Plans Shall include the following information: 9' I ) r - name and address of: applicant engineer and/or architect, etc. y' - all cciscnient.s (,) dimensioned locations of access, both pedestrian and vehicular, showing f' service areas and points of ingress and egress off-street parking and loading areas showing location, nturber and typical dimension of spaces, and wheel stops distances between buildings and/or structures building setbacks (front, rear and sides) ) location, height, and materials of walls and fences a<J-j location of freestanding signs - all driveways to scale on adjacent and across the street N properties for, a distance of 100 feet beyond the limits - q -subject site - stin5'curbs, gutters, sidewalks and existing paving ""Wdths within 100 feet on adjacent and across the st±eet properties - typical Street section - any .existing median islands within 100 feet of subject site ;nearest cross streets on both sides with plus or minus distances from subject site - location of all buildings within 100 feet of subject properties - a vicinity map showing major cross Streets - a summary table indicating the following information: site acreage existing zone and land use proposed land use total building coverage building sq. footage percent landscaping • -number of parking spaces • sq. footage of open/recrea- tional space (if applicable) cubic footage-of storage 6pace (if applicable B. Preliminary Grading and Drainage Plan* (24" x 36") existing and proposed contours on the site and within 100 feet of the boundaries of the site elevations of the sf,te - existing On-site trees; those to be removed and those - to be saved ( C. Preliminary Landscape and 'Irrigation Plan* (24" x 36") location of planting areas and typicaL plant materials / (Quantity and size) "-" location of areas to be irrigated D. Building Elevations and Floor 'Plans* (24" x 36") floor plans with square footages indicated - location and size of storage areas - all buildings, structures, walls ar4/or fences, signs and exterior lights 4) p( L E. One (1) copy of colored site plan (24" x 36") F. One (1) copy of colored elevations (24" x 36") G. One (1) copy each 'of 8½" x 11" site plan and elevations ) H. One (1) copy of 8½" x 11" location map (suggested scale 1:200" vicinity maps on the site plan are net acceptable) I. Environmental Impact Assessment Form ($100) J. Public Facility greennt K. Disclosure Statement L. Photostatic copy of deed with o1ete legal description of subject property or other form of description acceptable to the Planning Director. Z. Public hearing (Not needed for Site Developeent Plan, Special Use Permit and Minor Condominium Permit). (2) copies of a TiTEWRITIM LIST on gunned labels of the names • and addresses of all property owners and occupants within a 300 foot radius of the exterior boundaries of the property involved. The list shall include the San Diego County Assessor's Parcel Nunber for each parcel, which shall be obtained fran the latest Assessor's rolls. IN N. 300 Foot Radius Map (Not needed for Site Develop'ent Plan, Special. Use Permit and Minor Condominium Permit). A map to scale net less than 1" 200 1 'showing each 'lot within 300 feet of the exterior boundaries of the subject' pro- perty. Each of these lots shall he consecutively nzthered and correspond with the property owner's list. The scale of the map may be reduced to a scale accept- able to the Planning Director if the required scale is impractical. 40 0. For residential projects within Vista, 'San Marcos, Encinitas or sen Diequito School Districts, the applicant shall iridi- cate whether he prefers to dedicate land for school faci- lities, to pay a fee in lieu thereof, or do a crithiriation of these. If the applicant prefers to dedicate land, he shall suggest the specific land. For residential projects within the 'Carlsbad Unified School District, the applicant shall submit written confirmation that school facilities will be available and serve the project at time of need. p, preliminary Title Report. l'ls AIIL EXHIBITS MST BE FOID1) IN A SIZE NYI' '10 EXCEED 8½" x II". ter:rccurding return to: ty o.ç r1sbad 200 Elm Ave. arisbad, CA 92003- AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR Till" OF A PUBLIC FACILITIES FEE • jifl' * ;•:. ___ THIS AGREEMENT is .entered into this 1 day. of May - 3.9 81_' by and between La Costa LandCompany 1 • (name of developer-owner) - . • - a corporation _hereinafter referred to as (Corporation, partnership, etc.) • •Deve1oper", whose address is 4041 MacArthur Boulevard••.- . (street) - • New2or__Beach.,CA92660 _, and THE CITY OF (City, .state 1 zip code) •• • CARLSBAD, a. muziicipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm • Avenue, Car'sbad,. California, 92008. - 1-7 * .INESSE:TH: • I'ThIEREAS, Developer is the owner of the real property described • on Exhibit -'W, attached hereto and made a pare of this agreement, - hereinafter referred to as "Property't; and • WHEREAS, the Property lies withinthe boundaries of City; -and * • - * • • WHEREAS, Developer proposes a development project as follows:. *_563 unit residential-development - on s1d Property, which development carries the proposed name - - Vista Santa Fe . and is hereafter referred to as "Development"; and . 1flEREAS, Developer filed on the '1 day of may . 1981 with the. City a request fora tentative tract map. (hereinafter referred to as "Request"; and - . - - %mEREAS, 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 b-availabie concurrent with need or such development shall riot be approved (aid element is on file with the City Clerk and is incorporated by this reference; and -• . .. .• WHEREAS,- Developer and City recognize the correctne of Council Policy No. datedAugust- 29, 1979, on 'file with the City Clerk and •iaccrporatedby 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 - • '?1iEREAS, Developer- has asked the City to find that public • facilities and services will be available to meat the future neds 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 andfacilities; and, therefore, Developer proposes • . . • - • 1 .c 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 he 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 Chajter 20.44 of the - Carlsbad Municipal Code. Developar shall pay a Jee 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 mobilehorne 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 occipancy for which • 3. • the development is intended. Developer shall pay to City a publi facilities fee in the sum of $1,150 for eàch inobilehome 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 improvirtents required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. A credit toward such fee shall be given for •laid which has been dedicated for park purposes or for any fees • paid in lieu thereof pursuant to Chapter 2t.44 of the Carlsbad • Municipal Code. • • - • • 2. The Developer may offer to donate a siteor 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 sh.1l donsider, but is not obligated to a:cept 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 Dcvciopmànt 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 ispaid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public fadilities 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 agree to provide upon reqiëst reasonable assurances to enable Developer to comply with any reuirements of other ublic agencies as evidence ofadequatë public facilities and services sufficient to accommodate the needs bf the Development herein described. . . . - 6. All obligations hereuner shall terminate in the event the Requests made by Developer are not approyed. -7. Any notice from .one party to the other shall be in writing, and shall he dated and signed by the party giving such -. notice or by a duly'authorized representative of such party: An 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 samc.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 td 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 he 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 Dveloper 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 Developers obligations hereunder. - 9. This agreement shall be recorded but shall not create a l:en or security interest on the Property. When the obligations of -this agreement have been satisfied, City shall record a release. - -. - - -. - -. - - - -. -.• - - - .. . • . - . - • •.. • IN WITNESS WHEREOF, this agreement is : executed in San 'Diego - 'County, California as of the date.first written above. DEVELOPER-ONER CITY OF CARLSBAD, a municipal • corporation o the State of California __--L-aT osta Land Company By By Name) - City Isianager -____Vice-President, Land flev1Qpment . (Ti tic) • . • -. By .. .•. ., .•.•__- • •- . ATTEST: . • ......... • 2LETHA L. RWTENKR?iNZ, City Clerk APPROVED A S TO FORM: ' STATE OF CALIFORNIA 1 COUNTY OF ORANGE - On April 28, 1981 , before me, the undersigned, a Notary Public in and for said State, personally appeared- Michael K. Ryan Vice Presidt _Ld Development and j known to me to be the rrestF mid I3irector, Land Development known to me to be the Gerald C. Weelcs-secret.ar of the corporation that executed the within instrument, and known to me to be the persons who executed the within • instrument on behalf of the corporation therein named, and ac- must ' knowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. U OFFICIAL SEAL T • 'l 41II BETTY ANN POLLACCIA My comm. expires DEC 21, 1984 I r 2 daals i >L9 NOTARY PUBLIC - CALIFORNIA r j Betty Ann Pollaccia Name (Typed or Printed) (This area for official notarial seal) EXHIBIT A" LEGAL DESC.RIPTIOM Portions of Lots 4 & 9 • -. • Of the subdivision of the Rancho Las Encinitas,-in the .City of Carlsbad, County of San Diego, State of California, according to map thereof No., 848, filed in the.Office of the County Recorder of San Diego County, tune 27, 1898.. . . $ . CARLSBAD TRACT NO. 81-16 UNIT NOS. 1 thru 9 VISTA SANTA FE C ALL B 189 88 1.7 laz 227 3175 z99 çzs6 , 384 296 C4 251 iF%j 32j,09 \ 29' 251 512 9' 290 310 311 COR0N4 3/2 789 313 287 32/ 314 In 7 324783332 , 32° 70 2/8 3/9 316 /39 UNIT #7 3° - 3/8 3/1 32? /8G r-z._z29 I 260 )4 kJ 26/ \ 224 228 2/4' UNIT BOUNDARY 365 A RICK ENGINEERING COMPANY 360 SO. RANCHO SANTA FE 60. SUITE IW SAN MARCOS, CALIF. 92060 679,744 4600 REV. 8-28--84 REV. 7-16-84 . ~ ,SEE .5W7 \ \ \ I / I, 'I + + A' + VIA \ I \ \ \ \ \ + + + + + ILAF45 PIIAHEO VT. HUNSAKER & ASSOC. IIflCWIVI VIM PUSS 03-16 s4m, Awe £4"/ sm PLOT PLAN goAO + I I / .® / / ® r1 I p NP I/MA' POlAr fl flRtT uar PA' r8 0 MdCt C4ThW Sd&'A/ pp P ' P4O NYO.OWP S (Of) — L4 £ tS .n Ct I S c r 0 c N c o a it = flwfl z ITt. fleA' £0/C CO FAVS4 60100 F- P.iO F,- 04W0//Oo P/POP atfAZ 0110100 010/0 + + + + + + + SZ7. ' + + + L 0 N + + -®+ - ,cEp SH7 2 04, MOM --- 22 --- --- --- F La [1YEEI1• PLANS PREPARED DY. HUNSAKER & ASSOC. 0/il flIPS VIM .t Suit S P.1.5. ffl CITY OF CARLSBAD 1 L.L.....J IIM MTIOT CT 8-1654WJPOP00f £.wr/ / PLOT PLAN - I 'p AD TRACT NO. 81-16 UNIT NOS. 1 thru 9 VISTA SANTA FE 32 328 327 326 / / 324 323 315 329 316 317 'N' ,56 NO SCALE 318 4. ,r 319 310 /0 - - CALLE 311 12 31 ,2S '7 it /(8 c 13 I55 .+ /83 — Si 5- 7' i70 CO7rE UNIT #3 4, 5 fl,, Ill /73 3 174 ?5 i3O /79 In /78 ' 'I 9° /84 62 274 7 271 ,o 272 UNIT #5 C273 5, - 228 199 019 XV 201 202 703 204 210 74 275 230 22I 000 2/0 1- o 2G0 27 I1 Ill Si ' .'C ,. C) 74 2/7 7/4 7/3 226 231 723 /3/ - - '7 54 -40 224 223 —4 .2/0 - F ,;:' 752 3 Z54 FV 6. - a, - 49 Nt LU - Z39 200 Z36 V. UNIT BOUNDARY "" —I— 359 360 358 361 362 f 357 363 , 356 354 A o 355 9353 çc 3 'NC -cr 733Y \ 352 V 332/333/334335\336\ 351 350 CORO, DO 4 301 308 302 349 305304303 348 V 347 r 338 29 98 295 294 293 292 291 346 UNIT#729O 345 264 340344 343 7 1 342 - 288 A RICK ENGINEERING COMPANY PLANNING CONSULTANTS AND CIVIL INCINCFIS 565 50 RANCHO SANTA FE R0 SUITE TOO SAN MARCOS CALIF 92069 . 679/7444600 REV. 8/31/84 REV. 8/ 1/84 REV. 7/16/84 -. RFV A/os/p.s I CA RLSBA UNIT xa 1 7*4 C !4'O. 81-16 VISTA SANTA FE / •i - - ,' j - .- '.—._•_\ \ \ , I / /1 IN' Hi5LH 44 1 IIII1iIiJ / 1CII7 L!ZL 46 7. JIi1F&i; A' I ,4./ Al 48 lA1'° / " : 41 1gb I 0! A &A JAI 10 7/ 1 IA6 (Aj 4p SO 1,4 145 :... LJ ; 01 3b I, . 3c 131 ' I' ••' Ta 15 10 /' zo 31 0 ii I 0 I I / Itl/ '19 is Its 1' - 38 96 100 90 II, . 64 91) It$ 01 4/PEA TBE MAINTAINED ,i&. . .•••• 5 1° \•,.' BY )OW OIS'NE,9sASsaCIAT/oN 106 lit . •- N lit A RICK ENGINEERING COMPANY PLANNING CONSULTANTS AND CIVIL ENGINLERS 365 SO. RANCHO SANTA FE ROAD • SUITE 100 SAN MARCOS, CALIFORNIA 92069 • 714/744.4800 2A/ 7537V