HomeMy WebLinkAboutCT 82-15; Alicante Hills; Tentative Map (CT) (5)V.
Complete Description of project (attach additional sheets if necessary)
REQUEST
>t3Zone Change
D General Plan Amendment
)C3 Tentative Tract Map
D Planned Unit Development
>03 Major Condominium Permit
D Minor Condominium Permit
D Master Plan
D Precise Development Plan
D Specific Plan
D Site Development Plan
D Conditional Use Permit
D Variance
D Planning Commission Deterniination
Q Special Use Permit
A 490+ dwel1 ing unitj tentative map that will also include a zone change
and major condom in i urn • permit .
Location of Project
Southeast of Alicante Rd., South of Corte de la Vista (Alfil Way) and
_North of the La Costa golf course.
Legal Description (complete)
Parrel 2 of Parcel Map 11722 in the City nf C-axlshad, County, nf Saa_DJ^ga^-JSjLate,
of California, filed in the office of the County Recorder of San Diego County
according to Document No. 8l-3??l84 recorded on, Orl-oher Q, 1Q81
Zone
R-1-10
General Plan
RMH
Proposed Zone
RDM
Proposed General Plan
RMH
\
fcfcj.j»*-».u fc^,.i__ -.^-^, ,„. j,..y, ^.f -I.,* . v --.--v —i-Assessors Parcel Mmiber.
Foisting Land Use
Vacant
Site Acreage
41 + Acres
Owner
Name (Print or Type)
DAON
Applicant
Name (Print or Type)
DAON CORPORATION
Mailing Address
1241 Elm Avenue
Mailing Address
1241 Elm Avenue
City and State Zip Telephone
Carlsbad, Ca. 92008 (714)434-4578
City and State Zip Telephone
Carlsbad, Ca. 92008 (714) 434-4578
I CERTIFY THAT I AM THE LEGAL OWNER AND
THAT ALL, THE ABOVE INFORMATION IS TRUE
AND CORRECT TO THE BEST OF MY KNOWLEDGE
I CERTIFY THAT I AM THE OMSEK'S REPRESENTING
AND THAT ALL THE ABOVE ESSFORM&TION IS TRUE
AND CORRECT TO THE BEST OF MY KNa-JLEDGE
,l>ate Tipplicaticn Received "Staff Assigned Case Nuracer
-/^/ep-^La/^cr^j
-3
r
C
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. %
/Sicjnatrure
Name (Pri-irc) . - Relationship to Application
... (Property Owner-Agent)
FORM: PLANNING 37, REVISED 3/80
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 rto properly review all of the applications. *
Date •<-.:- -
Name (Print;}Relationship to Application
(Property Owner-Agent)
FORM: PLANNING 37, REVISED 3/80
•I. SPECIFIC REQUIREMENTS
D
General Plan Amendment/Zone Change J
1~I Application Form ^"~" '
2. General Requirement Items H-0
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
Master Plan/Specific Plan
T~. 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
Tentative Tract Map
,1. Application Form
2. Eighteen(18) copies of the Tentative Tract Map
3. General Requirement Items
- eighteen(18) copies of items A-C
- items E, G-K, M-P
4. Fee: $500.00 (1-25 lots or units)
$750.00 (26-100 lots or units)
$1,000.00 (100 + lots or units)
DPlanned Unit Development
1, Application Form
2. General Requirement 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 condominium Permit (5 or more units)
,1. Application Form
2. General Requirement Items:
- eighteen(18) copies of items A-D
- items E-O
3. Conversion to Condominiums - list of names and addresses
of all tenants of the project.
4. Fee: $50,00 -t- $1.00 per unit.
I—I Minor Condominium Permit (4 or less units)
I—11. Application Form
2. General Requirement Items:
- three (3) copies of items A-D
- items K, L, 0
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
I—I Site Development Plan
I—I T~. Application Form
2. General Requirement Items
- thirteen(13) copies of items A-D
- items E-L, 0
3. Fee: $350.00
I—[Conditional Use Permit
I—ll. Application Form
2. General Requirement Items:
- thirteen(13) copies of items A-D
- items E-O
3. Fee: $400.00
I—I Variance
I—11. Application Form
2. General Requirement Items:
- thirteen(13) copies of item A
- items E,G,H, J-N, and I if applicable
(see Title 19. Environment)
3. Variance Supplemental Sheet
4. Fee: Single Family = $100.00
Other = $250.00
I—I Planning Commission Determination
L_l!UApplication Form "
2, One page statement 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
:'.te '-I.-. jyr-' s'iv?li
P.^T.O cuicl addres
ir.clxiit? ths fcllow.'Jr.j fnxorratiom
of:
fir.jir.ier and/or architect, etc.
— all eascr.'.ents
- diiYensioncd locations of:
access, both pedestrian and vehicular, shewing
. service areas and points of ingress and egress
off-street parking and loading areas showing location,
mrrber and typical dimension of spaces, and wheel stops
- distances between buildings and/or structures
- building setbacks (front, rear ard sides)
- location, height, and materials of walls and fences
- location of freestanding signs1
- ail drivevays to scale on adjacent and 'across 'the street
proper tio3r for. a distance of 100 feet beyond the limits
or 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 fron subject site
- location of all buildings within 100 feet'of subject
properties .
- a vicinity map showing major cross streets ' _ -'.
- a sumary table indicating the following information J .
site acreage ' „.___
existing zono and land use ' ___.
proposed land use ZI~.'!T
total building coverage '
building sq, footage . ' '
percent landscaping '' •
•number of parking spaces '_'
> sq. footage of open/recrea*» ' "~~r^*°' .
f tioncl space (if applicable) , ' _
cubic footage of storage space r~ "'""
(if applicable ' ''_'_ ,
D. ' Prollrlnary^Grading and Drainage ;Plan* (24" x 3G")
- existing and proposed ccnto'ars on the site and '.yithin ,
100 feet of die boundaries of the site . <
• •» elevations of the site ;
- existing on-sitc trcx;s; those to be ratoved and those
to be saved
*rc» Preli'TUJVirv'_Lcr.dseapo .and 'Irrigation Plan*. (24" K 36")
• f location or planting areas and "typical plant ffa
(Quantity and size)
«• location of areas to bo irricat54
D, &4J;dln5-ncyationg;ar4_Fleor_Plnnsft (24" X 36")
=' iico;: picw; with square footacjes in4icate4
- location, itnt?. size of storage areas
- oil buildings, structvires. walls pnd/'or Stancesf g.
anc', octcrior lights
Che (1) copy of colored site plan (24"x3G")
Qie (1) -copy of colored elevations (24"x35") - .'
Cne (1) copy each of 0 l/2"xll" site plan emd olevatiaiE -
One (1) copy of 0 l/2"xll" location map (suggested scale
Ii200" - vicinity maps on tlv; eite plan are not acceptable).
Sivironmental Inpact Assessment Form ($100)
Public Facility 7\groaivaitt • 2 copies: Che (1) notarized
original, Cne (1) reproduced copy. • .
K, bisclosuro Stateinent ' .
L. Photostatio copy of deed with complete 'legal description
of subject property or other form of description.Acceptable
to the Planning Director. •
Publio Hearing- (Not needtS for Site Development Plan, Special Use . ..
Permit and Minor Condominium Permit). Two (2) copies
of a OVPEWniTEEN LIST on gunned labels of the names
and addresses of all property owners and occupants
within a 300 foot radius of tha exterior boundaries
.. of the property involved. 2ha list shall include the
San Diego County Assessor's Parcel Number for each parcel,
which shall be obtained from the latest Assessor's rolls.
' '3.00 'Foot Radius Map^ (Mot^needed for Sita Development Plan, Special Uso
Permit and Minor Oonetaninium Permit) . A map to ecale
not less than 1" » 200' 'stewing each 'lot within 300
feet of the exterior boundaries of the subject' pro-
perty, Each of tfosse lots ;»ha3.3. Jxj consecutively
|w?nbere3 ar$ correspond with the property owner's list,
Sty; scale of the map my be reduced to a scale eccept-
o.b!e to the "Planning director if tho required ec
is impractical,
For residential projects yithirj Vista,' San^tarcoa, '
• or San- Diequito School Districts, the applicant~shall
cate whether, he prefers to dedicate land for school faci-
lities, to pay a fee in lieu thereof, or do a carrbination
of these, Jf the applicant prefers to dedicate land, he
suggest the specific land,
. JTor residential projects within the 'Carlsbad Unified School
pistjrictf the applicant shall submit written conf tanation,
. . ^hat sc^ool facilities wiU J« available ar4 serve
pxojecl; a^ tijte oj
^ — I?*) preliminary Title
JOTS? $l£ 3EW1IDJ5S J5JS7 BE FO!UDS> 3H A SIZE NOT TO EXCEED 8^" ,X
OTEFPPLEMENTAL INFORMATION FORM
VMIIASCE
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
enjoyment of a substantial property right possessed by other property in
the same vicinity and zone but which is denied to the property in 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 applicants are required to
complete this disclosure form at the time of submitting fcheir application.
When this form has been completed 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 general 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 jpint. ventura, 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 share-
holders 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 syndicate address, and the full names and addresses of:
each individual shareholder or syndicate member. Should the corporation be
a publically held corporation, then state the full na^ie 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 3 full disclosure, please include it.
FORM 40 PLACING DEPARTMENT
10TTML
PUNNING CONSULTANTS
AND CIVIL ENGINEERSRICK ENGINEERING COMPANY
3088 PIO PICO DR. • SUITE 202 • P.O. BOX 1129
CARLSBAD, CA 92008 • AREA CODE 714 • 729-4987
TO
City of Carlsbad/Planning Dept.
1200 Elm Ave.
Carlsbad. CA 92008
GENTLEMEN:
WE ARE SENDING YOU XX Attached D Under separate cover via
D Shop drawings D Prints D Plans D Samples
D Copy of letter D Change order D
DATE 6/24/82
ATTENTIONMr. Bill
RE:Alicante
JOB NO.8681
Ho f man
Hills Crossroads
_the following items:
D Specifications
Dated-
COPIES
1
1
1
1
1
1
DATE NO.DESCRIPTION
T.M. submittal package
Check No. 207 ($100.00) for EIA
Check No. 209 ($500.00) for zone change
Check No. 210 ($500.00) for condo permit
Check No. 75924 ($1000.00) for T.M.
Check No. 863 ($43.00) for condo permit balance
THESE ARE TRANSMITTED as checked below:
D For approval
n For your use
D As requested
D For review and comment
XX For Your Action
D For Checking
D Approved as submitted
D Approved as noted
D Returned for corrections
D Resubmit__copies for approval
D Design only, not for construction
LI Return corrected prints
D
REMARKS.
COPY TCL
SIGNED: John Brand: eg
If enclosures are not as noted, kindly notify us at once.
TITLE INSURANCE AND TRUST
220 "A" STREET P.O. BOX 1150
SAN D1E&0» CALIFORNIA 92112 71^-239-6081
JUNE 8t 1982
DORMAN ESCROW
YOUR REFERENCE: OAON CORPORATION
OUR ORDER NO.: 1093960-AMENDED
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF
TITLE INSURANCE* TITLE INSURANCE AND TRUST COMPANY HEREEY REPORTS
THAT IT IS PREPARED TO ISSUEt OR CAUSE TO BE ISSUED* AS OF THE DATE
HEREOF, AN AMERICAN LAND TITLE ASSOCIATION EXTENDED COVERAGE FORM
POLICY OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE
OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING
AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT,
LIEN OR'ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION
3ELOW 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 OF COMMITMENT SHOULD BE
REQUESTED.
DATED AT 7:30 A.M. AS OF MAY 21» 1982
TITLE OFFICER: BEALL/PRICE?
SIGNED:
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT
IS: A FEE
AMENDED 10939&0 PAGE
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
DAON CORPORATION A DELAWARE CORPORATION, SUCCESSOR BY NERGER TO LA
COSTA LAND COMPANY, AN ILLINOIS CORPORATION
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TG THE
PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY
FORM WOULD BE AS FOLLOWS:
1. GENERAL AND SPECIAL COUNTY AND CITY TAXES
FOR THE FISCAL YEAR :
A LIEN NOT YET PAYABLE.
1982-83
2. 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
FOR
RECORDED
AFFECTS
LEUCAOIA COUNTY WATER DISTRICT, A POLITICAL SUBDIVISION
SEWER PIPELINE OR PIPELINES, MANHOLES, LATERALS AND
APPURTENANCES
JUNE 7, 1971, RECORDER'S FILE NO. 11818^
AS SHOWN ON PARCEL MAP 11722
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 : CARLSBAD MUNICIPAL WATER DISTRICT
FOR : A PIPELINE OR PIPELINES FOR ANY AND ALL PURPOSES
TOGETHER WITH THEIR NECESSARY FIXTURES AMD APPURTENANCES
INCLUDING BUT NOT LIMITED TO CONDUITS AND CABLES FOR POWER
TRANSMISSION AND COMMUNICATION PURPOSES
RECORDED : AUGUST 8, 1973, RECORDER'S FILE NO. 73-220063
AFFECTS : AS SHOWN ON PARCEL MAP 11722
<*. 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
FOR
RECORDED
AFFECTS
LEUCADIA COUNTY WATER DISTRICT
SEWER PIPELINE OR PIPELINES, MANHOLES, LATERALS, AND
APPURTENANCES
SEPTEMBER 25, 1973, RECORDER'S FILE NO. 73-270151
AS SHOWN ON PARCEL MAP 11722
5. 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
FOR
MENDED J093960
CARLSBAD MUNICIPAL WATER DISTRICT
A PIPELINE OR PIPELINES OR ANY AND ALL PURPOSES, TOGETHER
WITH THEIR NECESSARY FIXTURES AND APPURTENANCES INCLUDING
PAGE 2
RtCORDED
AFFECTS
BUT NOT LIMITED TO CONDUITS AND CABLES FOR POWER
TRANSMISSION AND COMMUNICATION PURPOSES
OCTOBER 5, 1973, RECORDER'S FILE NO. 73-282154
AS SHOWN ON PARCEL MAP 11722
AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL
PARTICULARS
DATED
BY AND BETWEEN
REGARDING
RECORDED
OCTOBER 1* 1973
CARLSBAD MUNICIPAL WATER DISTRICT, THE LEUCADIA COUNTY
WATER DISTRICT, AND THE SAN ClEGO COUNTY FLOOD COMTROL
DISTRICT
JOINT USE OF EASEMENT
NOVEMBER 5, 1973, RECORDER'S FILE NO, 73-308939
7. 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
FOR
RECORDED
AFFECTS
LEUCADIA COUNTY WATER DISTRICT
SEWER PIPELINE OR PIPELINES, MANHOLES, LATERALS, AND
APPURTENANCES
NOVEMBER 12, 1973, RECORDER'S FILE NO. 73-315883
PORTIONS OF LOTS 6, 11, 13, 14, 15, 16, 17, 19, 20 AND 21
OF MAP 7784
SAID DEED DOES NOT CONTAIN THE LOCATION OF SAID EASEMENT.
8. AN OFFER OF DEDICATION TO PUBLIC USE OF A PORTION OF SAID LAND.
SAID OFFER WAS REJECTED ON SAID MAP, BUT IS SUBJECT TO FUTURE
ACCEPTANCE UNDER THE PROVISIONS OF SECTION NO- 66477.2 OF THE
GOVERNMENT CODE OF THE STATE OF CALIFORNIA.
DESIGNATED ON MAP NO.: 7784
AS : PORTIONS OF LOT 12. AS SHO^N AS RESERVED FOR
FUTURE STREET ON MAP 7784
SAID MATTER
PARCEL 2
AFFECTS:
OF PARCEL MAP 11722 AS SHOWN ON SAID MAP.
AN OFFER OF DEDICATION TO PUBLIC USE OF A PORTION OF SAID LAND.
SAID OFFER
ACCEPTANCE
GOVERNMENT
DESIGNATED
AS
WAS REJECTED ON SAID MAP, BUT IS SUBJECT TO
UNDER THE PROVISIONS OF SECTION NO. 66477.2
CODE OF THE STATE OF CALIFORNIA.
ON MAP NO.: 7784
: PORTIONS OF LOT 12 SHOWN AS
SLOPE RIGHTS ON MAP 7784
SAID MATTER
PARCEL 2
AFFECT'S:
OF PARCEL
FUTURE
OF THE
RESERVED FOR FUTURE
MAP 11722 AS SHOWN ON SAID MAP
10. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE
PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR
DEDICATED ON
AMENDED 1093960 PAGE
MAP :
FOR :
AFFECTS =
SAID MATTER
PARCEL 2
SEWER* DRAINAGE AND ACCESS
THOSE PORTIONS SHOWN AS SEwER, DRAINAGE AND ACCESS EASEMENTS
DEDICATED ON MAP 7784.
AFFECTS:
OF PARCEL MAP 11722 AS SHOWN ON SAID MAP
11. AN EASEMENT, AS REFLECTED IN AN INSTRUMENT CREATING CR REAFFIRMING
SAID EASEMENT, AFFECTING THE PORTION OF SAID LAND AND FOR THE
PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF
FOR
RECORDED
AFFECTS
PARCEL "A":
SAN DIEGO GAS £ ELECTRIC COMPANY, A CORPORATION
UNDERGROUND CONDUITS AND NECESSARY ABOVE GROUND STRUCTURES
FOR TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND
PIPELINE-S- FOR TRANSMISSION AND D.I STR1EUTION OF GAS
OCTOBER 29, 1974, RECORDER'S FILE NO. 74-287227
THE SAID EASEMENT AND RIGHT OF WAY SHALL BE MORE
PARTICULARLY DESCRIBED IN PARCEL "A" BELOW AS FOLLOWS:
THAT PORTION AS DESCRIBED IN THAT CERTAIN GRANT OF RIGHT OF WAY
EXECUTED BY LA COSTA LAND COMPANY, AN ILLINOIS CORPORATION TO
CARLSBAD MUNICIPAL WATER DISTRICT, A MUNICIPAL WATER DISTRICT,
RECORDED AUGUST 8, 1973, RECORDER'S FILE NO. 73-220063 OF OFFICIAL
RECORDS OF SAID COUNTY OF SAN DIEGO. *.
A DEED OF TRUST TO SECURE THE FAITHFUL PERFORMANCE OF EACH AND
OF THE OBLIGATIONS OF THE TRUSTOR UNDER THAT CERTAIN AGREEMENT,
ANY OTHER OBLIGATIONS THEREIN CONTAINED.
12.
ALL
AND
DEED OF
TRUSTOR
TRUSTEE
BENEFICIARY
RECORDED
TRUST DATED MARCH 10, 1981
LA COSTA LAND COMPANY
TITLE INSURANCE AND TRUST COMPANY
THE TRUSTEES OF CENTRAL STATES? SOUTHEAST AND
SOUTHWEST AREAS PENSION FUND
MARCH 10, 1981, RECORDER'S FILE NO. 81-072862
SAID "MATTER AFFECTS THIS AND OTHER PROPERTY.
13. A' DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE
AMOUNT STATED HEREIN
DATED : MARCH 10, 1981
AMOUNT $40,378,689.71
LA COSTA LAND COMPANY
TITLE INSURANCE AND TRUST COMPANY
RANCHO LA COSTA, INC., A NEVADA CORPORATION
MARCH 10, 1961, RECORDER'S FILE NO. 81-072863
TRUSTOR
TRUSTEE
BENEFICIARY
RECORDED
SAID DEED OF TRUST IS SUBJECT TO THE DEED OF TRUST SHOWN ABOVE.
'SAID MATTER AFFECTS THIS AND OTHER PROPERTY. '
AMENDED 1093960 PAGE
THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED
TO : ALLARD ROEN AND IRWIN A. MOLASKY, TRUSTEES UTA
DATED JULY 6, 1981
BY ASSIGNMENT DATED : JULY 6, 1981
RECORDED : JULY 14, 1981, RECORDER'S FILE NO. 81-220822
THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED
TO : THE TRUSTEES OF CENTRAL STATES, SOUTHEAST AND
SOUTHWEST AREAS PENSION FUND
BY ASSIGNMENT DATED : FEBRUARY 25, 1982
RECORDED : FEBRUARY 26, 1982, RECORDER'S FILE NO. 82-053120
SAID ASSIGNMENT STATES FOR COLLATERAL ONLY.
14. AN AGREEMENT TO WHICH REFERENCE IS HEREBY N.ADE FOR FULL
PARTICULARS
DATED : JUNE 25t 1981
.BY AND BETWEEN : LA COSTA LAND COKPANY/OAON CORPORATION AND THE CITY OF
CARLSBAD, A MUNICIPAL CORPORATION
REGARDING : THE PAYMENT OF A PUBLIC FACILITIES FEE
RECORDED : SEPTEMBER 8, 1981, RECORDER'S FILE NO. 81-286839
15. ANY ADDITIONAL MATTERS WHICH MAY BE DISCLOSED BY
OWNER'S STATEMENT, A COPY OF WHICH IS ENCLOSED HEREWITH.
KINDLY COMPLETE AND RETURN TO US.
16. RIGHTS OF THE PUBLIC OVER AND ACROSS ALICANTE
ROAD AND ALFIL WAY AS CREATED AND DEDICATED ON MAP NO.
7784.
17. ANY EASEMENT OR LESSER RIGHT, AFFECTING THE PORTION OF SAIDLAND AND FOR THE PURPOSES HEREIN STATED, INCLUDING INCIDENTAL
PURPOSES, DISCLOSED BY A SURVEY .OR INSPECTION OF SAID LAND
FOR : WATERLINES, UNDERGROUND GAS C ELECTRIC, TELEPHONE
AND CABLE T.V.
AFFECTS : ALICANTE ROAD AND ALFIL WAY
18. AN -ENCROACHMENT ONTO SAID
AN INSPECTION, OF IMPROVEMENTS
THE :
CONSISTING OF :
LAND, AS DISCLOSED BY A SURVEY OR
SITUATED ON LAND ADJACENT ON
NORTHWESTERLY AND NORTHERLY LOT LINES
SAN DIEGO GAS t ELECTRIC COMPANY VAULTS
TAX F.IGURES FOR
CODE 'AREA
PARCEL NO.
LAND
FIRST INSTALLMENT
SECOND INSTALLMENT
TAX FIGURES FOR
1961-82
9062
216-130-55
11,349,855.00
i7,559.25, PAID
$7,559.25, PAID
1981-82
TENDED 1093960 PAGE
CODE AREA :
PARCEL NO. :
LAND :
FIRST INSTALLMENT :
SECOND INSTALLMENT:
TAX FIGURES FOR :
CODE AREA :
PARCEL NO. :
LAND :
FIRST INSTALLMENT :
SECOND INSTALLMENT:
9061
216-130-56
12,249,760.00
112,490.10, PAID
112,490.10, PAID
1981-82
9062
216-130-57
1674,927.00
13,779.62, PAID
13,779.62, PAID
i n o~ao A r\
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 2 OF PARCEL MAP 11722* IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE
OF COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 10, 1931, BEING A
DIVISION OF A PORTION OF THE SOUTH HALF OF SECTION 25, TOWNSHIP 12 SOUTH,
RANGE <» WEST, SAN BERNARDINO MERIDIAN, SAN DIEGO COUNTY, CALIFORNIA AND
TRACT NO. 72-25, ACCORDING TO MAP THEREOF NO. 8266, FILED IN THE OFFICE
OF COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 26, 1976.
AMENDED 1093960 PAGE
•RECORDING REQUESTED BY 1^ )
WHEN RECORDED MAIL TO: )
)
CITY OF CARLSBAD • . )
1200 Elm Avenue )
Carlsbad, California 92008 )
Space above this line for Recorder's use
Document ary ^rans/fer tax: $ No fee
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No.
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT \i s entered into this 24 day of june , 19 82.
by and between paon Coronet-ion
(n ame of developer-owner) ^ -
a •_• Corporation , hereinafter referred to as
(Corporat ion, partnersh ip, etc.)
"Developer" whose address is 1241 Elm Avenue "
(s t r e e t )
Carlsbad, CA 92008 __ ' and THE CITY OF
(City, state, zip code)
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm Avenue,
Carlsbad, California, 92008.
WITNESSETH:
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:
490+ dwelling unit condominium
REV 4-2-82
on • s a i d Property, which ^B ve lopment carries the p i^B° s e. d n s we o f
Alicante Hills Crossroads
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the 24 d aV °f june
19 82 t with the City a request for (1) Tentative Map
(2)'Zone change (3) Major condominium permit
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, atid 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 facilitiesfee.
-2-
REV 4-2-82
NOW, THEREFORE, iJ^c on s ide r a t i on of the recitals and the
covenants contained herein, the parties agree as follows:
1. The Developer shall pay to the City a publi.c 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 b.e 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 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 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 det erminat i'on,. 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 th'e 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 ade.quate public facilities and services
sufficient to accommodate the needs of the Development herein
described.
-4-
•' 6. All ob1igation ^k ereunder shall terrainat ^flkn 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 writ.ing 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 the date first written above.
DEVELOPER-OWNER:
DAON CORPORATION/
.Michael K. Ryan7"
(Title)
BY
x*>
&;&^
Warren A.
Senior Vice President-Land
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
City Manager
Q.
OU
STATE OF CALIFORNIA
COUNTY OF Orange
On 21, 1982 _, before me, the undersigned, a Notary Public in and for
said State, personally appeared
Vice
Mi ch ae 1 K-. Ry an
-President, and__ W.A. ColtOn. TTTknown to me to be the.
known to me toubl" the V - r . J-ian Q SecSOT^fy °f 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-
knowledged to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its board of
directors.
WITNESS my hand and official seal.
£Ljt-£ju+- & • Srzrujvi£ Signatui
Marcia A. Brown
Name (Typed or Printed)
OFFICIAL SEAL
MARCIA A BROWN
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My comm, expires OCT 1, 1985
(This area for official notarial seal)
, mu s t_ be
a t t.a q_h e_d.,_)_.._
-6-
REV 4-2-82
EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 2 OF PARCEL MAP 11722, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TC MAP THEREOF FILED IN THE OFFICE
OF COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 10, 1981, BEING A
DIVISION OF A PORTION OF THE SOUTH HALF OF SECTION 25, TOWNSHIP 12 SOUTH,
RANGE <t WEST, SAN BERNARDINO MERIDIAN, SAN CI EGO COUNTY, CALIFORNIA AND
TRACT NO. 72-25, ACCORDING TO MAP THEREOF NO. 8266, FILED IN THE OFFICE
OF COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 26, 1976.
LEUCADIA COUNTY WATER DISTRICT
POST OFFICE BOX 2397 • LEUCADIA, CALIFORNIA 92O24 • 753-O155
June 24, 1982
John Murk
DAON CORP.
3200 Park Center Drive
Costa Mesa, CA 92626
Re: Alicante Hills Crossroads
APN 216-130-61
Dear John:
As per your telephone request I have enclosed the following:
1) Sewer Availability letter for 472 EDU's for the referenced
project to be charged against the second lease
2) Revised sewer-permits (21) assigned to the referenced project
3) Letter to City explaining Item 2
Please be advised you have charged 685 EDU's against the 2nd lease.
Yours very truly,
R. Geiselhart
Acting Manager
JRG/bls
encl.
DISTRICT OFFICE: 198O LA COSTA AVENUE • CARLSBAD. CALIFORNIA
LEUCADIA COUNTY WATER DISTRICT
POST OFFICE BOX 2397 • LEUCADIA. CALIFORNIA 92O24 • 7S3-O1SS
June 24, 1982
The City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
Re: Sewer Availability Letter
Service Commitment: Residential Project
472 Dwelling Units
Property Description: APN 216-130-61
Owner: DAON
Gentlemen:
The property described above is located entirely within the boundaries of the
Leucadia County Water District. The foregoing equivalent dwelling units of sewer
service are available to the property upon the following terms and conditions:
1) Arrangements shall be made by the owner, at the owner's sole expense, to
construct and dedicate to the District the necessary on-site and off-site sewage
system to serve the property in accordance with the standard specifications, rules
and regulations of the District.
2) Sewer service shall be subject to the payment of connection charges,
service lateral charges, sewer service charges, and any other applicable charges.
3) This letter pertains solely to the proposed project to develop the prop-
erty, as described above, and does not extend to revisions in the project, which
affect the sewer system or sewer capacity.
4) This letter is not transferable to any other owner or developer prior to
the recordation of a final subdivision map unless the District is notified in
writing of the name and address of the transferee including a description of the
property.
Yours very truly,
R. Geiselhart
Acting Manager
JRG/bls
DISTRICT OFFICE: I960 LA COSTA AVENUE • CARLSBAD. CALIFORNIA
*****REV1SED
LEUCADIA COUNTY WATER DISTRICT
APPLICATION FOR SEWER SERVICE
Owner's Name La Costa Land Company \ ) ^r^ : Phone No. 438-9111
Mailing Address Costa de Mar Road
Carlsbad, CA 92008
Service Address:
Tract Description: Alicante Hills Crossroads
Assessor's Parcel No. 216-130-6100 (applied 6-23-82)
Type of Building single family NO. Units 21 Connection Fee $ 31,500.00
Lateral Size: 4" 6" 8" Saddle Easement Connection
Extra Footage: @ $ Extra Depth: @ $
Lateral Fee
Amount Rec'd $
Ck. Mo/Cash
Date 9/26/80 Tni.al t-
Rec'd By lotal *-
The application must be signed by the owner (or his authorized representative) of
the property to be served. The total charges must be paid to the District at the
time the application is submitted.
If a service lateral is required, it will be installed by the Leucadia County Water
District. The service lateral is that part of the sewer system that extends from
the main collection line in the street (or easement) to the point in the street (at
or near the applicant's property line) where the service lateral is connected to
the applicant's building sewer. The applicant is responsible for the construction,
at the applicant's expense, of the sewer pipeline (building sewer) from the appli-
cant's plumbing to the point in the street (or easement) where a connection is made
to the service lateral.
The connection of the applicant's building sewer to the service lateral shall be
made by the applicant at his expense. The connection must be made in conformity
with the District's specifications, rules and regulations; and IT MUST BE INSPECTED
AND APPROVED BY THE DISTRICT BEFORE THE SEWER SYSTEM MAY BE USED BY THE APPLICANT.
THE APPLICANT, OR HIS AUTHORIZED REPRESENTATIVE, MUST NOTIFY THE DISTRICT AT THE
TIME INSPECTION IS DESIRED. ANY CONNECTION MADE TO THE SERVICE LATERAL OR COLLEC^
TION LINE WITHOUT PRIOR APPROVAL AND INSPECTION BY THE DISTRICT WILL BE CONSIDERED
INVALID AND WILL NOT BE ACKNOWLEDGED.
The prorated sewer service fee is based upon the date the District estimates that
service will begin and covers the balance of the fiscal year. There will be no
additional fee or refund if service actually commences on a different date. For
succeeding fiscal years, the sewer service fee will be collected on the tax roll
in the same manner as property taxes.
The undersigned hereby agrees that the above information given is correct and agrees
to the conditions as stated.
H227-11248
Date Account No.
LEUCADIA COUNTY WATER DISTRICT
POST OFFICE BOX 2397 • LEUCADIA. CALIFORNIA 92O24 • 7S3-O155
June 24, 1982
The City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
Re: Sewer Permits
Alicante Hills Crossroads
Gentlemen:
Enclosed is a copy of sewer permits issued for the referenced project.
Under current District rules and regulations the permits are not transferable
and are not subject to expiration.
If you have any questions please contact me.
Yours very truly,
t/Joan R. Geiselhart
Acting Manager
JRG/bls
encl.
DISTRICT OFFICE. I960 LA COSTA AVENUE « CARLSBAD, CALIFORNIA