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
/
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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.
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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.
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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.
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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.
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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._)
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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
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• •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:
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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 /
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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