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