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HomeMy WebLinkAboutCT 84-09; CARLSBAD RESEARCH CENTER; Tentative Map (CT)APPLICATION I V RM) Ozone Change OGeneral Plan amendment ]Tentative Tract Map Planned Unit Development OMajor Condominium Permit Minor Condominium Permit OMaster Plan OMajor Condominium Conversion []Major Redevelopment Permit (check other boxes if appropriate) 0 Minor Redevelonent Permit 0 Precise Development Plan ESpecific Plan AMENDMENT (MINOR) OSite Development Plan 0 Conditional Use Permit 0 Variance 0 Planning Commission Determination O Special Use Permit DPministrative Variance ect (attach addit The applicant proposes a planned unit development and a minor specific plan amendment on lots 2 & 3 of Unit 1 of the CARLSBAD RESEARCH CENTER Lots 2 & 3 of pacel Map #10330 recorded February 18, 1982 in the City of Carlsbad, County of San Diego, State of California LUOLUJ A-IL'iVO Zone General Plan Existing Land Use C-M P1 Vacant Proposed Zone Proposed General Plan Site Acreage C-M P1 15.8± Ac Owner Applicant Name (Print or Type) Name (Print or Type) Carlsbad Research Center Carlsbad Research Center 7330 Engineer Road 7330 Engineer Road ty and State Zip Telephon City and State Zip Telephone San Diego, CA 92111 833-3030 San Diego, CA 92111 833-3030 I CERTIFY THAT I AM THE OWNER'S REPRESENTATI\ 'ALL THE ABOVE INFORMATION IS TRUE AND THAT ALL THE ABOVE INFORMATION IS TRUE CORRECT '10 THE BEST OF MY KNOWLEDGE. AND CORRECT '10 THE BEST MY KNOWLEDGE. r SIGNATURE /DATE 3- 'SIGNATURE 'j /2 DATE 3-.- 8 ' If after the information you have submitted has been reviewed, it is determined further information required, you will be so adcd. APPLICANT: Carlsbad Research Center a oartnership Name (individual, partnership, joint venture, corporation, syndication) 7330 Encrineer Rcd San Diecro, CA 92111 Business Address 619 833-3030 Telephone Number AGENT: : Name Business Address Telephone Number (See attached sheets) Name '(individual, partner, joint - Home Address venture, corporation, syndication) Business Address Telephone Number Telephone Number Name Home Address Business Address Telephone Number - Telephone Number (Attach more sheets if necessary) I/1e declare under penalty of perjury that the information contained in this dis- closure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. T7 , BY 1K Ajnt, / Name Print) is 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. Date Relationship to 1pp1icatic (Property Owner-Agent) FORM: PLANNING 37, REVISED 3/80 APPLICANT DISCLOSURE FORM In order to assist the members of the Planning Commission and City Council to avoid possible conflicts of interest, all appli- cants are required to complete this disclosure form at the time of submitting their application. When this form has been com- pleted and signed, the information will be relied upon by them in determining if a conflict may exist, so please ensure that all of the information Is completed and accurate. If at anytime before a final action on your application has been rendered, any of the information required by this disclosure changes, an amendment reflecting this change must be filed. If the applicant is an individual, or a partnership (either gen- eral or limited) or a joint venture, please state the full name, address and phone number of each person or individual (including trusts) who own any beneficial interest in the property which is the subject of this application. Should one or more parties to the application be a partnership or joint venture, then please state the full legal name of the partnership or joint venture, its legal address and the name and address of each individual person who is a general and/or limited partner or member of the joint venture. Should one or more of the parties be a privately held corporation (10 shareholders or less) or a real estate syndication, then please state the state of incorporation or syndication, corporate number, date of incorporation or syndication, corporate or syn- dicate address, and the full names and addresses of each individual shareholder or syndicate member. Should the corpor- ation be a publically held corporation, then state the full name and addres6 of the corporation, the place of its incorporation, number of shareholders, and the name and address of the officers of the corporation. Should you feel that additional information needs to be provided in order to provide a full disclosure, please include it. RECORDING REQUESTED BY ) 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 Signatdre of declarant determining tax-firm name City of Carlsbad Parcel No. 2/-(2(/ /, Q9- AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this day of by and between CARLSBAD RESEARCH CENTER (name of developer-owner) a partnershiD , hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is 7330 Engineer Road (street). San Dieqo, CA 92111 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: • a specific plan amendment and P.U.D. on 15.8± ac in the Carlsbad Research Center REV 4-2-82 V 421 -7 / __/# /6kC on said Property, which •elopment carries the proed name of Series 6000/WTS 2 & 3 and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the 8 day of March , - 19 84 , with the City a request for A Tentative 1'1r r Non residentialP.U.D. and a specifir P1.n mndmQnt hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated April 2, 1982, in file with the City Clerk and incorporated by this reference, and that the City's public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore, Developer proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. -2- REV 4-2-82 NOW, THEREFORE, i6consideration of the reciis and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 2% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee sha1ll be in addition to any fees, dedications or improvements reqaiired 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 th'\e 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- I 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 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- pp Il'p 6. All obligation lereunder shall terminate 0 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 depositingsame in th 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 puccessors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successoi of Developer's interest in the property shall have first assumed in writing the Developers 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 satisfiled, 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 CARLSBAD RESEARCH CENTER BY j 4J1 4ty Manager BY !JttLL (Title) ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney be attached._) -6- REV 4-2-82 S STATE OF CALIFORNIA) ss COUNTY OF SAN DIEGO) On this 6th day of March, 1984, before me, the undersigned, a notary public in and for said County and State, personally appeared Orrin W. Miller, personally known to me to be the Vice President of The Koll Company, a California corpora- tion, the Corporation that executed the within instrument, and known to me the person who executed the within instrument on behalf of said Corporation, said Corporation being known to me to be Managing Partner of Koll Carlsbad Associates, a California General Partnership, the Partnership that executed the within instrument, and acknowledged to me that said Partnership executed the same as General Partner of Carlsbad Research Center and that Carlsbad Research Center executed the same. In witness whereof, I have hereunto set my hand and affixed my notarial seal, the day and year in this certificate first above written. OFFICIAL C NOTARY PUBLIC -CALIFORNIA Nan 'NeiHane f PPIflCIPAL OFFICE IN Notary Public in and for said County SAN DIEGO COUNTY MY Commission Expires May 31, 1985 and State . . STATE OF CALIFORNIA) SS COUNTY OF SAN DIEGO) On this 6th day of March , 1984, before me, the undersigned, a notary public in and for said County and State, personally appeared Michael J. Dunigan , personally known to me to be the Vice President of the Koll company, a California Corporation, the Corporation that executed the within instrument, and known to me to be the person who executed the within instrument on behalf of said Corporation, said Corporation being known to me to be Managing Partner of Koll Carlsbad Associates, a California General Partnership, the Partnership that executed the within instru- ment, and acknowledged to me that said Partnership executed the same as General Partner of Carlsbad Research Center and that Carlsbad Research Center executed the same. OFK:AL SEAL NANCY O'NEIL MANE - NOIA 'I1L;C CA;FORNIA PRNPAt OFFICE IN SAN DiEGO COUNTY My Commission Expires May 31, 1985 / I, / / / / f _-& 7-I -'------. Nancy --Neil Ha/ie' Notary Public In and for said County and State. EXHIBIT 't A" LEGAL DESCRIPTION Lots 2 & 3 of parcel Map #10330 recorded February 18, 1982 in the City of Carlsbad, County of San Diego, State of California 0 t I i REQUESTED BY After recording, mail ' Urban Investment and Development Co. / 333 West Wacker Drive f Suite 2100 Chicago, Illinois 60606-1265 Attn: Barbara A. Wolf 60/83 865Bw/81Bw {Y AMENDED STATEMENT OF PARTNERSHIP THE UNDERSIGNED, constituting all of the partners of CARLSBAD RESEARCH CENTER, a general partnership, created under the laws of the State of California on or about May 8, 1980 hereby make the following statement under and pursuant to Section 15010.5 of the California Corporations Code: - 1. The name of the partnership is CARLSBAD RESEARCH CENTER. 2. The names of the partners as of January 1, 1984 are: KOLL CARLSBAD ASSOCIATES, a California general partnership URBAN INVESTMENT AND DEVELOPMENT CO., a Delaware corporation 3. The parties named in paragraph 2 of this certificate are all of the partners of said partnership. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year set forth in their respective acknowledgements and verifications of this certificate. CARLSBAD RESEARCH CENTER, a California general partnership By: KOLL CARLSBAD ASSOCIATES, general part Its By (y: URBAN VESTMENT AND DEVELOPMENT CO., gene partner_ 333 West Wacker Drive, Suite 2100 Chicago, Illinois 60606-1265 By (312) 263-6000 ______________________________________ Its Senior Vice President o. SS. 0 (#p On mflci$u 2O ) ?i4- , before me, the undersigned, a Notary Public in and for said-tate, personally appeared known to me to be the general partner of Koll Carlsbad Associates, the partnership ti Lat executed the within instrument and ki town to me to be the person who executed the within instrument on behalf of said partnership. Said partnership being known to me to be one of the partners of Carlsbad Research Center Number One, the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same as such partner and that such partnership executed the same. - WITNESS my hand and official seal. coO' Notary Public My Commission expires on: OFFICIAL SEAL MICHELLE MiLASI(Ey NOTARY PUBLiC - CALIFORNIA SAN DIEGO 71YMy Comm. •xplre 28. 1987 -2- • •i. V STATE OF ILLINOIS ) ) SS. COUNTY OFCOOK ) - _____________, before me, the undersigned, a Notary Public in and for said St te, personally appeared Michael C. Hilborn, known to me to be the Senior Vice President of Urban Investment and Development Co., the corporation that executed the within Instrument and known to me to be the person who executed the within instrument on behalf of said corporation. Said corporation being known to we to be one of the partners of Carlsbad Research Center Number One, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. - WiTNESS my hand and official seal. - i- Notary Public My Commission expires on: -3- SECOND AMENDMENT TO GENERAL PARTNERSHIP AGREEMENT KOLL CARLSBAD ASSOCIATES THIS FIRST AMDENDMENT TO GENERAL PARTNERSHIP AGREEMENT is made and entered into as of the /.7Iday of Jl1L , 1981, by and between THE KOLL COMPANY, 'a California corporation, PELICAN LAND COMPANY, a California partnership, D. P. MIDDLEMAS, EVERETT DAVIS, III, TIMOTHY L. STRADER, STANLEY F. BROCKHOFF, B. E..FIPP, ORRIN W. MILLER and MICHAELJ. DUNIGAN. A. The parties hereto have heretofore entered into a General Partnership Agreement (the "Agreement") dated as of the 15th day of January, 1980. B. The original Partners wish to amend the Partnership interests to reflect the Agreement of the parties. - NOW, THEREFORE, the parties hereto hereby agree that the Agreement is hereby amended as follows: 1. Paragraph 10.02 Partnership Ownership is hereby amended to read as follows: The Partnership shall be owned by the Partners in the percentage interests set forth opposite their names below: Entity ("The Koll Company \ Pelican Land Company C/o The Koll Company ) b. P. Middlemas 4490 Von Karman Avenue Everett Davis, III CA 92660 /Timothy L. Strader / - tanley F. Brockhoff do The Koll Company B. E. Fipp - 7330 Engineer Road Orrin W. Miller San Diego, CA 92111 1 Michael J. Dunigan (619) 292-5550 Percentage 10.00% 23.00% 9.65% 8.65% 8.65% • 65% 21.60% 5.40% 5.40% Except as herein set forth, the Agreement shall be deemed to be in full force and effect without further amendment. - low • IN WITNESS WHEREOF, this Amendment is executed as of the ( date first above written. KOLL CARLSBAD ASSOCIATES a California Partnership By: THE KOLL COMPANY By: By: PELICAN LAND COMPANY By: Don 1d M. Ko11 By; D. P MIDDLEMAS By iYt4.I2T ,:P1,l-, EVERETT DAVIS, III By: TI#$ER MOTS By: STANLE F. BROCKHO By: By: By: MIHAELDUN City of Carlsbad MISCELLANEOUS 1200 ELM, CARLSBAD, CA 92008 • TEL. (619) 438-5525 RECEIPT Job Address 4 MISCELLANEOUS FEE RECEIPT Li PLAN CHECK FEE 01-00•i.. Li VALUATION Li DEMOLITION________________________ Li HOUSE MOVING LI PARKS AND RECREATION FEE________________ Li PUBLIC FACILITIES FEE LI Carlsbad Li Encinitas______________________ Li San Diego Li San Marcos______________________________ Li CERTIFICATE OF OCCUPANCY______________ 1, 0 Owner KOL L C.c7, Mailing Address 73Q Jc5/&_K. citY) _ ZIP / / _ _ Contractor 0 L.L CO. Address & City Zip State Lic. Classif. ±e, Li SCHOOL FEE - DISTRICT S. y . No. LETE FOR PLAN CHECK ONLY LEGALDESCRIPTION 4gj_ 7277/t 215_ 3 _ yçq )A ~S%' IL NO 4k 42Z Li DESCRIPTION OF WORK rzcrrad_ Li (9*frc i)_Jrj';-7-7fl51— Li _ PLAN ID No. DESIGNER ADDRESS /tI g_/V2tA4 5/_V-I7 Li - _ PHON/27—_7 &D Li TOTAL FEE CONTACT PERSON f3'i1C t 2745 _ *WARNING: PLAN CHECK FEES. WHERE NO ACTION IS TAKEN APPLICANT IN 180 DAYS AND NO BUILDING PERMIT IS FORFEITED TO THE CITY. COMMENTS:_______________________________________________ BY THE ISSUED. ARE Sigiature of Applicant Date White - Applicant Yellow — File Pink — (1) Finance (2) Data Process Gold - Assessor TL 4 0 / Z/ -~~ CITY OF CARLSBAD 1200 ELM AVENUE • CARLSBAD, CALIFORNIA 92008 438-5551 RECEIVED FRç.L DATE ADDRESS ( A/C. NO. DESCRIPTION AMOUNT C c v rc 7 5) Poü WI 37354 TOTAL c-T-(54-9