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HomeMy WebLinkAboutCT 81-37; ARTHUR ANDERSON; Tentative Map (CT)REQUEST Zone Change U Precise Developnent Plan o General Plan Amenclment C] Specific Plan t-%Tentatjve Tract Map poWite Develonent Plan o Planned Unit Development 0 CondItional Use Permit iO ajor CondornIsiiurn Permit 0 Variance Minor Condominitn Permit 0 Planning Caccd,ssion Determination [DMaster Plan U Special Use Permit CI jor Condaninium Conversion Complete Description of project (attach additional sheets if necessary) j U iv, T 1>' :: : :// .::. Location of Project ...... : ........ Legal Description (complete) • . _____ ••• . : ......... Msessors Parcel J1urrer iisting Ixtc1 Zone General Plan ( Proposed Zone Proposed Geeral Plan Site Acreage m1CO IV C11 e, . (Y,ner Applicant . Name (Print or 'pe) Nan (Print or, 9jpe) lung Address Mailing Address (,5 ' 0 City and State zip Telephone City and State Zip • ¶Lalephone _(fA41,~6(40 CA9 21000 I CERTIFY THAT I 2M THE NEP'S REPRESENTIVE THAT I AM THE LEGAL OWM AND TEAT ML THE ABOVE INFORMATION IS TRUE AND THAT ALL THE ABOVE INFORMATION IS TRUE ND CORRECT TO THE BEST OF MY I<NOWLEDGE AND CORRECT TO 'IHE BEST OF NY KNOWLEDGE SIGNP[URE DATE SIcIRF DATE • . . . __ )ate Apli.ction Rred S ssaned Case . , . •. If after the information you have submitted has been reviewed, it is determined -.that further informati required, you will be so a ' APPLICANT: !—+ Ad /) 1ç4 E&i N'ame (individual, partnership,. joint venture, corporation, syndication) C C-f64) Business Address •telephone Number AGENT: r7Ii A. /1i i,c)fe . • Business Address p9 .. •-. Telephone Number - - -. MEMBERS. Name (individual, partner, joint Irome Address - venture, corporation, syndication) Business Address Telephone Number Telephone Number Name Home- Address. Business 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 bo relied upon as being true and correct until amended.. - Applicant 7 BY Agent, O.:rter, Partner - - • RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) ) 3?—a95 ic/2r CITY OF CARLSBAD ) 1200 Elm Avenue ) Carlsbad, California 92008 ) - Spaceabove this line for Recorder's use Documentary transf r tax: $ No fee Signature of declarant determining tax-firm name City of Carlsbad Parcel No. 7-101..-17v-711 of--Ot 01 • - AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this /3 day of 10,av 19.~' by and between -zI-UdC /I /-n ,J (Name of Developer) a , hereinafter referred to as TCorporation, partnership, etc.) "Developer" wh se address is 'U 2OJ D r/4i I - (Street - City, State, Zip Code and Name of Legal Owner a , hereinafter referred to as (Corporation, etc.r "Owner" whose address is (Street) 19)) _(A- q P • State, Zip Code AND • the CITY OF CARLSBAD, a municipal corporation of the State of Ca-lifornia, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. 2 d /-7 1M#1'0?1- / • RECITALS S WHEREAS, Owner is the owner of the real property described on Exhibit "A", attached to and made a part of this agreement, and hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer has contracted with .Owner to purchase the Property and proposes a development project as follows:.op/c.. g 141 0 p m i N / UM on said Property, which development carries the proposed name of / i, ,,V7 7ZLr S and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the i7" day of __________ 19 I , with the City a request for2vz. T4cr /tqr,A QA12 di ell 1AJ/c/41 (T D d7 ZC 17/ 37 hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on f.ile with the City Clerk and incorporated by this reference); and WHEREAS, Developer,. Owner and City recognize the correctness of Council Policy No. 17 dated April 2, 1982, on file with the City Clerk and incorporated by this reference, and that the City's public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and -2-- REV 4-2-82 I . WHEREAS, Developer and Owner have asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer and Owner are aware that the City cannot and will not be able to make any such findings without financial assistance to pay for such services and facilities; and, there-fore, Developer and Owner propose 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 and Owner shall pay to the City a public facilities fee in an amount not to exceed 2% of the building permit valuation of the building or s.tructures 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 development and shall-be based on the valuation at that time. This fee shall be in addition to -any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer and Owner shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 2% o-f 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 ref-erence to inobilehome sites or -3- REV 4-2-82 . I projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the use or occupancy for which the development is intended. Developer and Owner shall pay to City a public facilities fee in the sum of $1,150 for each mobilehome space to be constructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. 2. The Developer and Owner may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer and Owner offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination., when made, shall become a part of this agreement. 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 Dev.elopment with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agr.eement is paid. • • . • - -4- -.,-.) . I 4 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request -reasonable assurances to enable Developer and Owner to comply with any requirements of other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development herein described. 6. All obligations hereunder shall terminate in the event the Requests made by Developer are not approved. 7. Any notice from one party to the *other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City of personal delivery thereof to the City or by depositing same. in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addiessed to the City for attention of the City Manager, postage prepaid and certifi.ed. 7.2 If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaidand certified. -5- REV 4-2-82 S 8. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assigns of Developer, Owner and the City, and references to Developer, Owner 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 shailterminate; provided, however, that any successor of Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. At such time as Owner ceases to have any interest in the Property, all obligations of Owner hereunder shall terminate; provided, however, that if any successor to the Owner's interest in the Property is a stranger to this agreement, such successor has first assumed the obligations of owner in writing in a form acceptable to City. 9. This, agreement shall be recorded but shall not create a lien or security interest on the Property. When the obligations of this agreement have been satisfied, City shall record a release. I/I I/I I/I I/I -6- :r. i 282 S IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER /zf T TZ BY_________________________________ OFFICIAL SEAL MARIE MC GETTIGAN TITLE_______________________________ NOTARY PUBLIC -CAUFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY ,. BY_______________________________________ My Commission Expires November 19, 1985. TITLE as ATTEST: ALETHA L. RAUTENKRANZ City Clerk CITY OF CARLSBAD, a municipal corporation of the State of California BY City Manager APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney (Notarial acknowledgement of execution by DEVELOPER and OWNER must be attached.) )J b r -L ,4 caJ o OCEE1t1 EJ ArTcfD —7—. REV 4-2-82 LEGAL DESCRIPTION That portion of Parcels 2 and 3 of Parcel Map No. 3451 in the City of-Carlsbad, County of San Diego, State of California as shown on Parcel Nap filed, on Page 3451 of Parcel Naps, on January 31, 1975 under File No. 75-023997, in the office of the County Recorder of said County, described as follows: Beginning at the Southeasterly corner of said Parcel 2; thence, N 88 5938" W 687.56 feet along the Southerly line of said Parcel 2; thence, S 64°58'15" W 30.00 feet; thence, N 1 °09'22"E 311.02 more or less to the Northerly line of said Parcel 3; thence, Easterly along the Northerly line of said Parcels 2 and 3, 0 N870 27'37"E 138.52 feet thence, S 2 32'23"E 10.00 feet; thence, N 87°27'37" E 358.86 feet to the beginning of a. curve concave to the South and having a radius of 960.00 feet; thence, Easterly along said curve through a central angle of 11 49'58", a distance of 198.26 feet; thence, S 2 0 27'38"W 312.82 feet, along the Easterly line of Parcel 2, to the point of beginning. Area = 218812.17 Sq.Ft. = 5.0232 Acres 0 so 0 0 0. E 0 U 0) lil it .Obj Ox bj 00. U 'O a) .0 0 0 .0 OFFICIAL SEAL Mary L. Peters NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY COMMISSION EXPIRES FEB. 4, 1985 S . (Individual) STATE OF CALIFORNIA COUNTY OF San Diego } On Hay 17,1982 __ before me, the undersigned, a Notary Public in and for said State, personally appeared Artht.rP_ Anderson known to me is to he the person whose name_ subscribed to the within instrument and acknowledged that_ executed the same. official a]. Signature WITNESS my d and Peters Name (Typed or Printed) (This area for official notarial seal) cThi vL F ¶orY 11' a- -1 S 4!Carlsbad Unified School District 801 Pine Avenue, Carlsbad, California 92008 729-9291 "Excellence In -Education" BOARD OF TRUSTEES RICHARD R. O'NEIL, M.D. September 18, 1981 President MARY A. SCHERR Vice President Ms. Mary Marcus, Chairperson JOHNLMAMAUX Clerk and Members of the Planning Commission City of Carlsbad THOMAS L. CURTIN, M.D. 1200 Elm Avenue Member Carlsbad, California 92008 W. ALLAN KELLY Member Attention: Mr. James C. Hagaman, City Planning Director DISTRICT ADMINISTRATION Gentlemen: PHILIP GRIGNON, Ed. D. Recently, the Carlsbad Unified School District Board of Trustees District Superintendent was approached by Mr. Arthur A. Anderson and Mr. William J. Reeves RICHARD BREEN to waive developer fees for their proposed adult-only mobile home Maintenance/Operations park in Carlsbad, California. SUSAN H. LARGEN Instructional Services On September 16, 1981 the School Board voted not to waive the fees, GLEN WHITENER however, it was agreed that the Board would not insist upon the Business Services developer providing security to the District until after the matter of the rezoning had been resolved. Therefore, you may consider that the Carlsbad Unified School Dis- trict has no objection to the rezoning. If the rezoning is approved by the City, then the District's approval will automatically ter- minate until such time as the District has received its necessary agreement and security toward school facility assistance from the developer. Sincerely, -~8 ov, I WJ Phili Grign&I, Ed.D. District Superintendent aw cc Mr. Anderson and Mr. Reeves 4- - I BILL HOFFMAN 0 PLANNING DEPARTMENT Zone Change 247 • lRecezve NID M