HomeMy WebLinkAboutCT 82-14; McMillin Development Inc.; Tentative Map (CT)REQUEST
DZone Change
DGeneral Plan Amendment
£3Tentative Tract Map Re-application
DPlanned Unit Development
D Major Condominium Permit
D Minor Condominium Permit
DMaster Plan
D Major Condominium Conversion : : :
D Precise Development Plan
DSpecific Plan
DSite Development Plan
DConditional Use Permit
D Variance
D Planning Commission Determination
D Special Use Permit: .Q Administrative :Variance
Complete Description of project (attach additional sheets if necessary)
Re-application for reinstatement of previously approved CT 74-V4A for
final phase (Unit I I I)'of 38 residential Tots.
Location of Project
Reference Thomas Brothers Guide 14 C 3
Legal Description (complete)
Portion of Lot "J" of Rancho Agiia Hedionda, in the City of Carlsbad. County
of San Diego, State of California according to Map thereof No. 823 In the office
of the County Recorder :6f San :Di:ego County
Assessors Parcel Number
• : ; : : 167 100 2k '• '• • '• '- • ••
Zone
R-l
General Plan
Res ident ial
Existing Land Use
vacant
Proposed Zone Proposed General Plan Site Acreage
12.11 acres
Owner Applicant
Name (Print or Type)
McMILLIN DEVELOPMENT, INC.
Name (Print or Type)
same
Mailing Address
2727 Hoover Avenue
Mailing Address
same
City and State
National C i ty,
Zip Telephone
7^3--/& 5-3
CA . 92050 477 4117
City and State Zip Telephone
same
I CERTIFY THAT I AM THE LEGAL OY3NBR AND
THAT ALL THE ABOVE LNFCRMATLON LS TRUE
AND CORRECT TO THE BEST OF MY KNOWLEDGE
DATE
L CERTIFY THAT I AM THE OWNER'S REPRESENTLVE
AND THAT ALL THE ABOVE jOSlFORM&TLON LS TRUE
AND CORRECT TO THE BEST OF MY KNOWLEDGE
SLGNATOttE DATE
Date^Application Rec'd"
.Date Application Received
* •> \ ' ' ^ x
V '.s.^ - ^1 £_
i Receiot Ko.
Staff Ass Case Number
FILING REQUIREMENTS
I. SPECIFIC REQUIREMENTS
General • Plan Amendment/Zone"Change
~. Application Form ""
2. General Requirement Items H-Q
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
tester Plan/Specific Plan/Precise-Development•Plan
TIApplication Form
2. General Requirement Items:
- eighteen (18) copies of items A-D
- items E-Q
3. Fee: Master Plan $1,000 + $2.00 per/acre
Specific Plan $1,000.00
Master Plan Amendment: Minor $50.00 +
Major $500.00 +
Precise Development Plan: $500.00
ative Tract - Mao
2.00 acre
2.00 acre
Application Form
Eighteen (18) copies of the Tentative Tract Map
General Requirement Items
'- eighteen (18) copies of items A-C
- items E, G-K, M-R
4. Fee: $500.00 (1-25 lots or units)
$750.00 (26-100 lots or units)
$1,000 (100 + lots or units)
'Extension: 1/2 of original fee
Revision: 1/4 of tentative map and regular fee on
additional lots or acres.
Planned•Unit-Development
"TT Application "Form
2. General Requirement Items:
- eighteen (18) copies of items A-D
- items E-Q
3. Fee: 4 or less units $50.00
5 or more units $200.00
Major Condominium-Permit• (5-or-more- units)
TI Application Form ' '•
2. General Requirement Items:
- eighteen (18) copies of items A-D
- items E-Q
3. Conversion to Condominiums - list of names and
addresses of all tenants of the project, proof of
notification of the tenants 60 days prior to filing
tentative map.
4. Fee: $50.00 + $1.00 per unit
$5.00 per unit for notification of tenants
Minor•Condominium Permit (4 or less units)
TIApplication Form
2. General Requirement Items:
-• three (3) copies of items A-D
items K, L, 0, P, Q
3. Conversion to Condominiums - list of names and addresses of
all tenants of the units to be converted to condominiums.
4. Fee: $50.00 + $1.00 per unit
Site•Development Plan
T.Application Form
General Requirement Items
thirteen (13) copies of items A-D
items E-L, 0, P, Q
Fee: $350.00
2.
3.
Conditional • Use • Permit/Special • Use • Permit
T. Application Form " ~~
2. General Requirement Items:
thirteen (13) copies of items A-D
items E-Q (items M,N & 0 not required for Special Use
Permit)
3. Fee: $400.00
*
Variance
1. Application Form
2. General Requirement Items:
thirteen (13) copies of item A
items E, G, H, J-N, I if applicable, and P
(see Title 19. Environment)
3. Variance Supplemental Sheet
4. Fee: Single Family = $100.00
Other = $250.00
Planning•Commission•Determination
TI Application Form ^^
2.' One page statement precisely indicating the determinsj^p
request.
3. General Requirement Items:
thirteen (13) copies of items A and D
items H, K, and L
4. Fee: $25.00
Administrative -Variance
T.Sppfication Form2. General Requirement Items
- (3) copies of items A & D, if applicable
- items G, H, J-N, and P
3. Fee: $100.00
II. GENERAL REQUIREMENTS
A> Site Plan; Shall include the following information:
- Name and address of applicant, engineer and/or
architect, etc.
- All easements
- Dimensioned locations of:
access, both pedestrian and vehicular, showing
service areas and points of ingress and egress
off-street parking and loading areas showing
location, number 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
- location of freestanding signs
- all driveways to scale on adjacent and-across-the
street properties for a distance o£ 100 feet beyond
the limits of subject site.
- existing curbs, gutters, sidewalks and existing
paving widths within 100 feet, on adjacent and across
the street 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 __L___1
existing zone and land use • • • •_•__•-
proposed land use .......
total building coverage
building sq. footage
percent landscaping
number of parking spaces
sq. footage of open/recreational
space (if applicable)
cubic footage of storage space
(if applicable) ___"_7__
B. Preliminary•Grading• and• Drainage Plan* (24"x36")
"-existing and proposed contours on the site and within
100 feet of the boundaries of the site.
- elevations of the site
- existing on-site trees; those to be removed and those
to be saved.
C. Preliminary Landscape•and - Irrigation Plan* (24"x36")
-location of planting areas and typical plant materials
(quantity and size)
location of areas to be irrigated
D. Building-Elevations-and Floor-Plans* (24"x36")
-tloor plans with square t'ootages" included
location and size of storage areas
. - all buildings, structures, walls and/or fences, signs
and exterior liahts.
S%K jjne (1) copy of colored site plan (24"x36")
(1) copy of colored elevations (24"x36n)
One (1) copy each of 8 1/2"x11" site plan and elevations
ne (1) copy of 8 1/2"x1l'' location map (suggested scale
1:200" - vicinity maps on the site plan are not acceptable)
Environmental Impact Assessment Form ($100)«I.
J.
K.
Public Facility Agreement: 2 copies:
original, One (1) reproduced copy.
Disclosure Statement j-
One (1) notorized
L. . Photostatic copy of deed with complete legal description of
subject property or other form of description acceptable to
the Planning Director.
M. Property Owners' List and Self-Adhesive Labels
(Not needed for Site Development Plan, Special Use
and Minor Condominium Permit) 1) a typewritten list
names and addresses of all property owners and occupants
within a 300 foot radius of the property involved. The li§t
shall include the San Diego County Assessor's parcel number
for each parcel, which shall be obtained from the latest
Assessor's rolls. 2) Two separate copies of typewritten
self-adhesive labels (four copies for condominium
conversions) of the names and addresses of all property
owners (including occupants if condominium conversion).
For any address other than a single family residence,
apartment or suite number must be included. DO NOT TYPE
ASSESSOR'S PARCEL NUMBER ON LABELS.
300 Foot Radius Map .. • -..••....•;•*"--•
(Not needed for Site Development Plan, Special Use Permit
and Minor Condominium Permit). 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 owner's list. The scale of the map may be reduced
to a scale acceptable to the Planning Director if the
required scale is impractical.
0. For residential projects within Vista, San Marcos, EncBhTtas
or San Dieguito School Districts, the applicant shall
indicate whether he prefers to dedicate land for school
facilities, to pay a fee in lieu thereof, or do a
combination 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.
Preliminary Title Report
Proof of sewer availability if located in the Leucadia
County Water District.
R. Statement of agreement to waive'tentative tract map time
limits.
*NOTEs ALL EXHIBITS MUST BE FOLDED IN A SIZE NOT TO EXCEED
8V x 11".
M^)'ELEMENTAL INFORMATION FORM
VARIANCE N/A
1) Gross Acres (or square footage, if less than acre)
2) Zone '.
3) General Plan Land Use Designation
4) By law a Variance may be approved only if certain facts are found to exist.
Please read these requirements carefully and explain how the proposed
project meets each of these facts. Use additional sheets if necessary.
a) Explain why there are exceptional or extraordinary circumstances or
conditions applicable to the property or to the intended use that do not
apply generally to the other property or class' of use in the same- vicinity
and zone: ' -
b) Explain why such variance is necessary for the preservation and
en jpyment of a substantial property right possessed by other property in
the same vicinity and zone but which is denied to the property iti question:
c) Explain why the granting of such variance will not be materially
detrimental to the public welfare or injurious to the property or
improvements in such vicinity and zone in which the property is located
d) Explain why the granting of such variance will not adversely affect the
comprehensive general plan:
APPLICANT DISCLOSURE FORM
In order to assist the members of the Planning Commission and
City Council to avoid possible conflicts of interest, all appli-
cants are required to complete this disclosure form at the time
of submitting their application. When this form has been com-
pleted and signed, the information will be relied upon by them in
determining if a conflict may exist, so please ensure that all of
the information is completed and accurate. If at anytime before
a final action on your application has been rendered, any of the
information required by this disclosure changes, an amendment
reflecting this change must be filed.
If the applicant is an individual, or a partnership (either gen-
eral or limited) or a joint venture, please state the full name,
address and phone number of each person or individual (including
trusts) who own any beneficial interest in the property which is
the subject of this application. Should one or more parties to
the application be a partnership or joint venture, then please
state the full legal name of the partnership or joint venture,
its legal address and the name and address of each individual
person who is a general and/or limited partner or member of the
joint venture.
Should one or more of the parties be a privately held corporation
(10 shareholders or less) or a real estate syndication, then
please state the state of incorporation or syndication, corporate
number, date of incorporation or syndication, corporate or syn-
dicate address, and the full names and addresses of each
individual shareholder or syndicate member. Should the corpor-
ation be a publically held corporation, then state the full name
and address of the corporation, the place of its incorporation,
number of shareholders, and the name and address of the officers
of the corporation.
Should you feel that additional information needs to be provided
in order to provide a full disclosure, please include it.
STATEMENT OF AGREEMENT
TENTATIVE SUBDIVISION MAP
CITY OF CARLSBAD
The Subdivision Map Act and the Carlsbad Municipal Code sets a
fifty (50) day time restriction on Planning Commission processing
of Tentative Maps and a thirty (30) day time limit for City
Council action. These time limits can only be extended by the
mutual concurrence of the applicant and the City. By accepting
applications for Tentative Maps concurrently with applications
for other approvals which are prerequisites to the map; i.e.,
Environmental Assessment, Environmental Impact Report, Condominium
Plan, Planned Unit Development, etc., the fifty (50) day time
limits and the thirty (30) day time limits are often exceeded.
If you wish to have your application processed concurrently, ,
this agreement must be signed by the applicant or his agent. If
you choose not to sign the statement, the City will not accept
.your application for the Tentative Map until all prior necessary
entitlements have been processed and approved.
The undersigned understands that the processing time required by
the City may exceed the time limits, therefore the undersigned
agrees to extend the time limits for Planning Commission and
City Council action and fully concurs with any extensions of
time up to one year from the date the application was accepted
as complete :to properly review all of the applications.
Signatur^ Date
Name(Print)"Relationship to Application
(Property Owner-Agent)
FORM: PLANNING 37, REVISED 3/80
SAFECO TITLE INSURANCE COMPANY
MC MILLIN CONSTRUCTION CO.
2727 Hoover Avenue
National City, CA 92025
1301 THIRD AVENUE
P.O. BOX 1590
SAN DIEGO, CALIFORNIA 92112
(714) 232-4031
Attention:JOYCE BENEFIELD
Your No: Carlsbad 74-14 (A)
Templin Hts. #3
Our No: S-619683
Dated as of June 4, 1982 at 7:30 a.m.
In response to the above referenced application for a policy of title
insurance,
SAFECO TITLE INSURANCE COMPANY
hereby reports that it is prepared to issue, as of the date hereof, a
California Land Title Association Standard Coverage Form Policy of
Title Insurance describing the land and the estate or interest therein
hereinafter set forth in Schedule A, insuring against loss which may be
sustained by reason of any defect, lien or encumbrance not shown or
referred to as an Exception in Schedule B or not excluded from coverage
pursuant to the printed Schedules, Conditions and Stipulations of said
policy form.
This report (and any supplements or amendments thereto) is issued
solely for the purpose of facilitating the issuance of a policy of
title insurance and no liability is assumed hereby. If it is desired
that liability be assumed prior to the issuance of a policy of title
insurance, a Binder or Commitment should be requested.
SAFECO
Order No. S-619683
SCHEDULE A
The estate or interest in the land described or referred to in this
schedule covered by this report is:
A FEE
Title to said estate or interest at the date hereof is vested in:
MC MILLIN DEVELOPMENT INC.,
a California corporation AKA MLM DEVELOPMENT, INC.,
a California corporation.
The Land referred to in this report is situated in the State of Cali-
fornia, County of San Diego, and is described as follows:
SEE EXHIBIT "A" ATTACHED.
SAFECO
Order No. S-619683
SCHEDULE B
At the date hereof Exceptions to coverage in addition to the printed
exceptions and exclusions contained in said policy form would be as
follows:
1. General and special district taxes, a lien not yet payable for the
fiscal year 1982-83.
2. An easement and right of way for ingress and egress and road purposes
to be used in common with the Grantors and others, over the Easterly 10
feet and the Northerly 10 feet of said land as granted in Deed recorded
June 26, 1964 as File No. 114927 and subsequent Deeds of Record.
NOTE: It is our understanding that said easement is to be quitclaimed.
3. An easement affecting a portion of said land, for the purposes
stated herein and incidental purposes,
in favor of: Carlsbad Municipal Water District,
For: Waterline Easement,
Recorded: January 9, 1979 as File No. 79-009449,
Affects: A portion of Lot "J" of Rancho Agua Hedionda, according
to Map No. 823 recorded in the Office of the County
Recorder of San Diego County on November 16, 1896, in the
City of Carlsbad, County of San Diego, State of California,
described as follows:
A strip of land 20.00 feet in width lying on the Southerly side of
the following described line:
Beginning at a point on the Easterly boundary of Carlsbad Tract 74-
14 (A), Map No. 8585 which is on the centerline of Victoria Avenue and
the beginning of a 300 foot radius tangent curve concave Northwesterly
and which is also the TRUE POINT OF BEGINNING; thence Northeasterly
along the arc of said curve through a central angle of 10°48'25" a
distance of 56.59 feet; .thence tangent to said curve North 74°12'17"
East, 103.25 feet to the beginning of a 300 foot radius tangent curve
concave Southeasterly; thence along the arc of said curve through a
central angle of 10°48'25" a distance of 56.59 feet; thence tangent to
said curve North 85000'42" East, 436.74 feet to the beginning of a 300
foot radius tangent curve concave Northwesterly; thence along the arc of
said curve through a central angle of 43°54'12" a distance of 229.88
feet; thence tangent to said curve North 41°06'30" East, 120.48 feet to
a point on the Southwesterly line of land described in deed from Minnie
Lillian Borden, et al, to Carroll Elmer Borden dated February 3, 1912
and recorded in Book 560, Page 478 of Deeds.
SAFECO 3
Order No. S-619683
Page 2
(Item No. 3 continued)
The length of the Southerly line of the easement to be shortened to
terminate at the above described deed line.
The interest of Carlsbad Municipal Water District has passed to and
now vests in Costa Real Municipal Water District.
4. A deed of trust dated May 10, 1979, to secure an indebtedness of
$590,850.00, and any other obligations secured thereby, recorded May 15,
1979 as File No. 79-199415.
Trustor: MC MILLIN DEVELOPMENT, INC., a California corporation AKA
MLM DEVELOPMENT, INC., a California corporation,
Trustee: HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF SAN DIEGO, a
corporation,
Beneficiary: HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF SAN DIEGO, a
corporation.
Covering this and other property.
5. A 60.00 foot right-of-way for road and related purposes across a
portion of said land, more particularly described as follows:
Commencing at the most Southeasterly corner of the subdivision
known as Carlsbad Tract 74-14 (A) according to Map thereof No. 8585
filed in the Office of the County Recorder of San Diego County, May 27,
1977; thence along the Easterly extension of the South line of said
Subdivision North 82°59'47" East, 560.00 feet; thence North 4°59'18"
West, 142.21 feet; thence North 85°00'42" East, 19.97 feet to the True
Point of Beginning of herein described right-of-way; thence continuing
North 85°00'42" East, 66.39 feet to the beginning of a tangent 330.00
foot radius curve to the left; thence along said curve through a central
angle of 43°54'12" a distance of 252.87 feet; thence tangent to said
curve North 41°06'30" East, 106.78 feet to the Northeasterly line of
this right-of-way; thence North 24°20'17" West, 65.97 feet to the Northerly
line of this right-of-way; thence South 41°06'30" West, 134.19 feet to a
tangent 270.00 foot radius curve to the right; thence along the last
said curve through a central angle of 43°54'12" for a distance of 206.89
feet; thence tangent to the last said curve South 85°00'42" West, 66.39
feet; thence at right angles South 4°59t18" East, 60.00 feet to the True
Point of Beginning, as granted to the City of Carlsbad by Deed recorded
June 19, 1981 as File No. 81-192900.
6. An easement affecting a portion of said land, for the purposes
stated herein and incidental purposes,
in favor of: COSTA REAL MUNICIPAL WATER DISTRICT, a municipal water
district,
For: Pipeline Purposes,
Recorded: August 24, 1981 as File No. 81-269855,
SAFECO
Order No. S-619683
Page 3
(Item No. 6 continued)
Affects: All that portion of Lot "J" of Rancho Agua Hedionda, in
the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 823, filed in
the Office of the County Recorder of San Diego County,
described as follows:
Commencing at the most Northeasterly corner of the Subdivision
known as Carlsbad Tract 74-14(A), according to Map thereof No. 8585,
filed in the Office of the County Recorder of San Diego County, May 27,
1977; thence along the Easterly extension of the North line of said
Subdivision South 89°11'35" East, 423.59 feet to the TRUE POINT OF
BEGINNING; thence South 0°48'25" West, 110.00 feet; thence South 89°11'35"
East, 10.00 feet; thence North 0°48'25" east, 110.00 feet; thence North
89°11'35" West, 10.00 feet to the TRUE POINT OF BEGINNING.
NOTE:
Tax Figures for 1981-82
1st Installment $3,800.44 Open
2nd Installment $3,800.44 Open
Land $661,326.00
Improvements $NONE
Exemptions $NONE
Tax Rate Area 09013
Parcel No. 167-100-24
CC
SAFECO
Order No. S-619683
E-23456
EXHIBIT "A"
That portion of Lot J of Rancho Agua Hedionda, in the City of Carlsbad,
County of San Diego, State of California, according to Map thereof No.
823, filed in the Office of the County Recorder of San Diego County,
November 16, 1896, being described as follows:
Beginning at the most Northerly, Northeast corner of Carlsbad Tract No.
74-14 (A) (Templin Heights Unit No. 2), according to Map thereof No.
10129, filed in the Office of the County Recorder of San Diego County,
June 26, 1981; thence along the Easterly boundary of said Carlsbad Tract
No. 74-14 (A) as follows: South 00°48'25" West, 110.00 feet; South
89°11'35" East, 121.41 feet; South 00°48'25" West, 136.76 feet; South
01°31'02" East, 63.14 feet; South 30°00'00" East, 678.00 feet; South
25°52'51" East, 61.07 feet; South 04°59'18" East, 165.00 feet; South
85°00'42" West, 19.97 feet; and South 04°59'18" East, 142.21 feet to the
Southeast corner of said Map No. 10129; thence along the Easterly prolongation
of the Southerly line of said Map No. 10129, North 82°59'47" East,
494.66 feet to the Northeasterly line of land described in that certain
Quitclaim Deed to Marie Caldwell Templin, recorded September 25, 1968 as
File No. 165825; thence along the Northeasterly line of said Templin's
land North 24°20'17" West (Record North 25°30'00" West), 1311.45 feet to
the Easterly prolongation of the Northerly line of said Map 10129;
thence along said prolongation North 89°11'35" West, 442.61 feet to the
Point Of Beginning.
SAFECO
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
Space above thi s / 1/i n e for Recorder's use
Documentary transfer/ tax: $ No fee
Signature of declarant determining
tax-f irm name
City of Carlsbad
Parcel No i 1^7-100-24
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this Istday of
by and between McMillin Development, Inc.
June , 19 82
Tname of developer-owner)
a California corporation
(Corporat ion ,partnership, etc.)
, hereinafter referred to as
"Developer" whose address is 2727 Hoover Avenue, National City,
(street)
California 92050
(City, state, zip code)
and THE CITY OF
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm Avenue,
Carlsbad, California, 92008.
W I T N E S S E T H:
WHEREAS, Developer is the owner of the real property described
on Exhibit "A:, attached hereto and made a part of this agreement,
hereinafter referred to as "Property"; and
WHEREAS, The Property lies within the boundaries of City; and
WHEREAS, Developer proposes a development project as follows:
a 38 unit single family dwelling subdivision
REV 4-2-82 7.
'on said Property, which development carries the proposed name of
Tempiin Heights Unit No. 3
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the'- -1st day of June
19 82 , with the City a request for re-application for
Tentative Map
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
file with the City Clerk and is incorporated by this reference); and
WHEREAS, Developer and City recognize the correctness of Council
Policy No. 17, dated April 2, 1982, in 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
WHEREAS, Developer has 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 is
aware that the City cannot and will not be able to make any such
finding without financial assistance to pay for such services and
facilities; and therefore, Developer proposes to help satisfy the
General Plan as implemented by Council Policy No. 17 by payment of a
public facilities fee.
-2-
REV 4-2-82
-< ' NOW, THEREFORE, ii^on s ider a t ion of the recit^nls 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
building 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 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
shall pay a fee for conversion o f existing building 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 mobilehome 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 occupancy for which the
development is intended. Developer 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.
-3-
REV 4-2-82
2. The Developer may offer to donate a site or sites for public
facilities in lieuof 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 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 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
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 agreement is paid.
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 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.
-4-
lo.
* 6. All obi igat ion s riereund er 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, addressed to the City for attention of the City
Manager, postage prepaid and certified.
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 prepaid and certified.
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 and the City, and references to Developer 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 Developer's
obligations hereunder.
9. This agreement shall be recorded but shall not create a lien
or security interest in the Property. When the obligations of this
agreement have been satisfied, City shall record a release.
-5-
REV 4-2-82
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of^fjf «-fc e,,| ir s t written above.
DEVELOPER-OWNER:
STATE OF CALIFORNIA
c" COUNTY OF
.\ '.'"' '.* CITY OF CARLSBAD, a municipal
f-.i ^.A^nrnnr A t.i on of the
San Diego
June 1, 1982 —, before me, the undersigned, a Notary Public in and for
a
i said State, personally appeared Lloyd V. Hill
P known to me to be the Sr • ViC6 President, .nH VJrgJl E. EllJOtt ;
•c known to me to be the v -*-^"—•*• -^ "° » JS&JeJSJf of the corporation that executed the within instrument,o
< and known to me to be the persons who executed the within
,h instrument on behalf of the corporation therein named, and ac-
g knowledged to me that such corporation executed the within
£ instrument pursuant to its by-laws or a resolution of its board of
o directors.UT
I
, £
WITNESS rny hand and official seal.
Signature
OFFICIAL SEyuT "^f
l/fSr^J^ JOYCE A BENEFIELD It6 fi&£^S3,:,b NOTASY PUBLIC - CALIFORNIA j
IN DIEGO COUNTY \
Name (Typed or Printed)
ALETHA L. RAUTENKRANZ, City Clerk
OKU i_>u_uu COUNTY \
MICO_mm' expires F£B 13« I985^>
(This area for official notarial seal)
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.,
City Attorney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be
attached. )
-6-
REV 4-2-82
IN WITNESS WHEREOF, this agreement is executed in San Diego
county, California as o ^tjfe^'frii
^ •-.-•".-•";\.' C, i_ (
C'd=at e , f irs t written above.
«r-.. v
DEVELOPER-OWNER:
McMILLIN DEVELOPMEN-
-' ^ ".CITY OF CARLSBAD, a municipal
virg/i E. Elliott
.
v \ -.- ^corporation of the
10 ?»-, 1V ^'- -'State of California"' <*&5 / f ,v-
.N y *'
'-1^^^^ijJe1*
L1oyd V/ Hill
Senior Vice President
(Title)
City Manager
ATTEST:
ALETHA L. RAUTENRRANZ, City Clerk
APPROVED AS TO FORM:
VINCENT F. BIO-NDO, JR.,
City At torney
(Notarial acknowledgement of execution by DEVELOPER-OWNER must be
attached. )
-6-
REV 4-2-82
EXHIBIT "A"
LEGAL DESCRIPTION
EXKISIT "A"
That portion of Lot J of Rancho Agua Hedloada, in the City of Carlsbad,
County of San Diego, State of California, according to Hap thereof No.
823, filed in the Office of the County Recorder of San Diego County,
Kovesaber 16, 1896, being described «.» follows!
Beginning at the moat Northerly, Northeast corner of. Carlsbad Tract No.
74-14 (A) (Templin Height* Unit No. 2), according to Map thereof No.
10129, filed in the Office of the County Recorder of San Diego County,
June 26, 1981} thunce along the Easterly boundary of said Carlsbad Tract
Ho. 74-14 (A) es follows: South 00*48*25" West, 110.00 feet; South
89*11*35" E*»t. 121.41 f««t; South 00*48'25" Weet, 136.76 feet; South
Gl'31'02" Bast, 63.14 ieet; South 3Q*00'QO" Ea«t, 678,00 feet; South
25*52'51" East, 61.07 feetj South 04e59fi8w East, 165.00 feet} South
85*00*42" Heat, 19.97 feet; and South 04*59'18" East, 142.21 feet to the
Southeast corner of said Map No. 10129; thence elong the Easterly prolongation
of the Southerly line of said H«p No. 10129, North 82*59*47" East,
494.66 feet to the Northeasterly line of lend described in that certain
Quite lain Deed to rtarie C«ldt*Bll Tespiin, recorded September 25, 19t>8 as
File No. 165825; thence along the Northeasterly line of said Tempi in'a
laad North 24*20'17" West (Record North 25*30'00" West), 1311.45 teet to
the Easterly prolongation of the Northerly line of s«id Map 10129;
thence along «aid prolongation North 89*11*35" West, 442.61 feet to the
Point Of Beginning.