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HomeMy WebLinkAboutCT 83-28; PARTNERS EQUITY; Tentative Map (CT).'. P L 7 P"D REQUEST O Zone Change 0 Minor Redevelopment Permit OGeneral Plan Amendment []Precise Development Plan Tentative Tract Map OSpecific Plan DPlannd Unit Development []Site Development Plan Major Condominium Permit 0 Conditional Use Permit QMinor Condominium Permit []variance OMaster Plan OPlanning Commission Determination DMajor Condominium Conversion OSpecial Use Permit []Major Redevelopment Permit DAdministrative Variance (check other boxes if appropriate) Complete Description of Project (attach additional sheets if necessary) IDcation of Project - NORTH EAST OF THE CHINQUAPIN AVE., AND JEFFERSON STREET INTERSECTION. al Deriptior1 1HE /EY243.5 OF' THE SOUTHEASTERLY 3'75.73 FEET OF TRACT FEET OFTHE SOUTHWESTERLY3J1.9LF FEET 237 OF THUM LANDS, ACCORDING TO MAP 1681, EXCEPT- -tNt THRP.Ot THAT CTION LYING N1JR1MEAi BOUNDARY OF LAND DESCRIBED IN DEED TO THE tRLy ANy 5uU119b5 ItKLT UI- II-it 5UU I l-IWLS I tKLY STATE OF CALIFORNIA, RECORDED NOVEMBER 3, 1966 AS Tt NO. 172&1 O.R. Assessors Parcel Number 206-040-32 Existing Land Use Zone General Plan RDM/Q-OVERLAY RMH - S.F.R. -- Proposed Zone Tposed General Plan Site Acreage N/A N/A 1.52 AC. Owner Applicant - Ylarne (Print or Type) Name (Print or Type) PARTNERS EQUITY PARTNERS EQUITY ifling Address iMailing Address 2030 LEEWARD LANE 2030 LEEWARD LANE - ity and State zip Irelephone, City and State Zip Telephone NEWPORT BEACH, CA 92660 (714)7-6 -97_ NEWPORT BEACH, CA 92660 (714)768-1-&9 I CERfIFY TIIATI AM THE LEGAL OCNER AND I CERTIFY THAT I AM THE O'1NER' S REPRESENTATIVE THAT ALL THE ABOVE INI0RMI'ION IS TRUE AND THAT ALL THE ABOVE INft)RMATION IS TRUE AND CORPECr 10 r[l}J BEST OF MY KNC'!LEDGE. AND CORRECT '10 THE BEST OF MY KNOWLEDGE. SIGNATURE DATE SIGNATURE DATE !Xte )\rpiication Iec'd jecoived By &J __ Fees Rectved HCe1j)t NO. 1 to Al pIrc.1t IOfl Ho CU T Eafl. -5—qTn.T 5 0 ¶ Traiamer!ca Title insurance mpany 4355 RUFFIN ROAD BAN DIEGO, CALIFORNIA 92123 (619) 565-8131 DATE DECEMBER 8 1 1982 ORDER N0 g2 - on 0063432 ODAY CONSULTANTS 315 NORTH CLEMENTINE STREET OCEANSIDE CALIFORNIA 92054 ATTh: PAT O'DAY YOUR NO. PARTNERS EQUITY PRELIMINARY TITLE REPORT ------------ IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, TRANSANERICA TITLE INSURANCE HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, 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, INSURING AGAINST LOSS HHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW 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 REOUESTED TED AS OF 7:30 A.M. NOVEMBER 23. 1982 OA (TtF.E OFFICER) THE ESTATE • OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: PARTNEROS EQUITY, A GENERAL PARTNERSHIP ir TranqWema Title Insurance cnpany THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, CITY OF CARLSBAD, AND IS DESCRIBED AS FOLLOWS: THE NORTHEASTERLY 24334 FEET OF THE SOUTHWESTERLY 39194 FEET OF THE SOUTHEASTERLY 37573 FEET OF TRACT 237 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CLIFORNIA, ACCORDING TO MAP THEREOF NO 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, -1915 EXCEPTING THEREFROM THAT PORTION LYING NORTHEASTERLY AND SOUTHEASTERLY OF THE SOUTHWESTERLY BOUNDARY OF THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED NOVEMBER3, 1964 AS FILE N0 17261 OF OFFICIAL RECORDS- / PAGE 2 0063432 ' 1! TranWmenca Title Insurance Wpany ON THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES., as follows: For Fiscal Year : First Installment Second Installment Land Value Improvement Value : Account No. Code Area No.- : 1982-83 $552.74 OPEN $552.74 OPEN $77,934.00 $19,483.00 206-040-32 - 09000 2. LACK OF RIGHTS OF ACCESS to and from the freeway said. rights having been released and relinquished by deed: To STATE OF CALIFORNIA From : RALPH F. OGBORN AND EVELYN T. OGBORN., HUSBAND AND WIFE AND GLADYS VANCE OBBORN., ALSO KNOWN AS GLADYS OGBORN VANCE Dated : SEPTEMBER 13, 1966 - Recorded., Official Records: NOVEMBER 3., 1966 Series/Instrument No.- 175261 Affects : THE NORTHEASTERLY BOUNDARY AND PORTION OF THE SOUTHEASTERLY BOUNDARY OF THE HEREIN AND DESCRIBED LAND, ABUTTING STATE HIGHWAY SAN DIEGO 11 ROUTE 5 EXCEPTING THEREFROM.. SOUTHEASTERLY BOUNDARY OF THE SAID LAND ALONG A COURSE WHICH BEARS NORTH 5034'59" EAST 55,99 FEET 3.. DEED OF TRUST for the original amount shown below, and any other amounts payable under the terms thereof.. Original Amount $71,000.00 Dated : DECEMBER 23., 1977 Recorded, Official Records DECEMBER 28, 1977 Series/Instrument No.: 77-534151 - Trusto : CHINQUAPIN ONE, A GENERAL PARTNERSHIP Trustee BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, A NATIONAL BANKING ASSOCIATION Beneficiary GLADYS OGBORN VANCE, A WIDOW 4.. DEED OF TRUST for the original amount shown below, and any other amounts payable under the terms thereof. Original Amount: $61,010..17 Dated :-SEPTEMBER S. 1982 Recorded, Official Records: SEPTEMBER 13, 1982 Series/Instrument No. 82-282181 Trustor : PARTNER EQUITY, A GENERAL PARTNERSHIP Trustee : REAL PROPERTY TRUST DEED CORPORATION, A CALIFORNIA CORPORATION OF SAN DIEGO.. Bene-ficiary CHINQUAPIN-ONE, A GENERAL PARTNERSHIP PAGE 3 0063432 7777rlranvnq ~,ica Title InsuranceCllPanY . DEED OF TRUST f or the original amount shown below, and any other amounts payable under the terms thereof. Original Amount $3000..00 Dated SEPTEMBER lOq 1982 Recorded, O++icial Records: SEPTEMBER 23 1982 Series/Instrument No.: 82-29486 Trustor PARTNERS EQUITY, A GENERAL PARTNERSHIP Trustee REAL PROPERTY TRUST DEED CORPORATION, A CALIFORNIA CORPORATION OF SAN DIEGO Beneficiary RAYMOND TINGSTROM AND ELOISE TINGSTROM, HUSBAND AND WIFE AS JOINT TENANTS. PAGE 4 0063432 POOR QUALITY ORIGINAL (S) . CITY OF C, ALSBAD 1200 ELM AVENUE • CAR.$BAD, CALIFORNIA 92008 (714) 438-5551 RECEIVED FRQA-- DATE_____ A/C. NO. DESCRIPTION AMOUNT t•. - 33432- TOTAL ,: .: '1 • • EXHIBIT "A" LEGAL DESCRIPTION The Northeasterly 243.54 feet of the Southwesterly 391.94 feet of the - Southeasterly 375.73 feet of Tract 237 of TI-RiM LANDS., in the ,City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 1681, filed in the Office of the County Recorder of San Diego County, December 29, 1915. EXCEPTING TUEIREFRCM that portion thereof; lying Northeasterly and Southeasterly of the Southwesterly boundary of the land described, in deed to the State of California, recorded November 3, 1966 as File No. 175261 of Official Records. 0 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. • 44LL ~% 11 1J W-4'114F-3 Signature Date PATRICK N. O'DAY, AGENT Name (print) Relationship to Application (Property Owner-Agent) - - I - - • -- -. .••, -, ••' t - -. •-, p n n Iv LAND USE SUITABILITY IN NOISE IMPACT AREAS 515 60 65 70 75 80 IIjIp1I$ — Residential- Single Fa 010,0 Duplex, Mobile Homes WO-Em" V 4 EN V •c IItL' RK115 A EA$ . - I X. Erw .•9• Nursing Homes MA ConcertHalls, IMP Sports Arenas, '0 VS Outdoor Spectator Sports Neighborhood Parks /4 OR N. V 7 Commercial- Retail, 8880M Movie Theaters. Restaurants Commercial- Wholesale, Retail, Ind., Mfg., Utilit is.,orne Livestock Farming, Animal Breeding Agriculture (Except P.0110 Livestock), Mining. Fishing I--- INTERPRETATION CLEARLY ACCEPTABLE The noise exposure is such that the activities associated with the land use may be carried out with essentially no interference from aircraft noise. (Residential areas: both indoor and outdoor noise environments are pleasant.) NORMALLY ACCEPTABLE The noise exposure is great enough to be of some concern, but common building con- struction will make the indoor environment acceptable, even for sleeping quarters. NORMALLY UNACCEPTABLE The noise exposure is signifi- cantly more severe so that unusual and costly building Construction is necessary to insure adequate performance of activities. (Residential areas: barriers must be erec- ted between the site and prominent noise sources to make the outdoor environ- ment tolerable.) CLEARLY UNACCEPTABLE The noise exposure is so severe that construction costs to make the indoor environ. mont acceptable for performance of activities would be prohibitive. (Residential areas: the outdoor environment would be intoler- able for normal residential use.) Community Noise Equivalent Level SOURCE: HUD, "Aircraft Noise.lmpact; Planning Guidelines for Local Agencies", by Wilsey & Ham ) and Bolt, Beranek and Newman. 1972. RECORDING REQUESTED BY AV. ) O C"' WHEN RECORDED MAIL TO: ) ) CITY OF CARLSBAD ). 1200 Elm Avenue ) Carlsbad, California 92008 ) Space above this line for Recorder's use Documentary transfer tax: $ No fee Signature of declarant determining tax-firm name City of Carlsbad Parcel No. 206-040-32 AGREEMENT BETWEEN DEVELOPER--OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is- entered into this ay of e, 192 by and between EQUIT? (name of developer-owner) a - PARTNERSHIP ., hereinafter referred to,-as Corporation, partnership, etc.) - "Developer" whose address is 20301EEI'IARDLANE - (street) NEWPORT BEACH, CA 92660 - 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. 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: REV 4-2-82 - on said Property, which ..evelopment carries the proposed name of CHINQUAPIN and is hereafter referred to as "Development"; and WHEREAS,. Developer filed on the /3day of 82 (7,f,2,71) 19 , with the City a request for MiERAL PLAN .AT & ZONE TTI1V -wAcr, r14coR OO1WJVI1 P&wut. 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. REV 4-2-82 -2-- NOW, THEREFORE, in•ideration of the recitøsand 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 buildiüg or structures to be constructed in the Development pursuant to the-Requet. 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 requir.ed according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. -3- REV 4-2-82 . .t 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 buiiding 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- REV 4-2-82 'n&wIatrJ.J. n 6. All obligationsrnder shall terminate 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 erved 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 envelop-e, 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 Nail, 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 the date first written above. DEVELOPER—OWNER: CITY OF CARLSBAD, a municipal corporation of the State of California PARTNERS EQUT1'Y (name) BY -- /7 - GENERAL PARTNER (Title) BY GENERAL PARTNER (Title) BY City Manager ATTEST: ALETHA L. RAITTENKRANZ, City Clerk APPROVED AS TO FORM: TO )948 CA (8.74) (Partnership) Tm.E INSURANCCE ANCITRUST STATE OF CALIFORNIA COUNTY I AØM1ft A On 9 before me, the undersigned, a Notary Public in and for said State, personally appeared_\c. r LN j Q- ( v e C. C \ b - I W 44 x ______________________________________known to me CL to be_4-'t 5 of the partners of ihe partnership that executed the within instrument, and acknowledged to me U, that such partnership executed the same. WITNESS my hand and oficial seal. Signature (This area for official nota A at seal) -. OFFICIAL SEAl. BOBE SUE ROSE :41 tO1Y PUBLIC CILOIiNIA • PRINCIPAL OIHCL IN -SAN DIEGO COUNTY My Commission Expires Fb:uarY 1, 1983 - - ; CM NO.: 3_ ? &/C f DATE RE1IVD: 3 APPLICANT: REQUEST: EXE'1PT OR EXCEPTED Posted: - Prior Compliance: Published:________ Filed: Filed: NEGATIVE DECLARATION: Posted: /p-,- Published: //-3-J3 Notice of Determination:______ ENVIRONMENTAL IMPACT REPORT:___________________ Notice of Notice of Notice of Preparation: Determination: - PLANNflGCOMMISSION 1. Date of Hearing: 2. Publication /o 3. Notice to Property Owners: : 4. Resolution No (Continued tO:. ... ........ 5. Appeal: _V Date: / i.- C? - 3. ACTION: CITY COUNCIL 1. Date of Hearing: H HHHH 2. Notices to City Clerk: ................ 3. Agenda Bill: ... __ ... .... ...... _____ 4. Resolution No ...................Date: ......... 5. Ordinance No .......................• Date:--'... ACTION: CORRESPONDENCE Staff Report to Applicant: Resolution to Applicant: .. 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