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: ..
'V
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MAP '4905 - 'ONGVIEh PLAZA
MAP 4751 - ALI HAl TERRACE
1.0 MP 4129 - LINMAP VILLAGE
MAP 3310 - HARBOR PARK
MAP 1681 — THUM LANDS-POR ICTS 232
- flflc- rrr- ......
LOCATION MAP
PARTNERS EQUITY 11 CT 83-28lCP252