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
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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
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V e attached c±iptio&prrjr1-
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VV.- V
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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
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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
+
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CO FAVS4 60100
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+ + + +
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---
22
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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