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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