HomeMy WebLinkAboutCT 84-37; CALAVERA HILLS VILLAGE U; Tentative Map (CT)tt P P L ~j C? [f.% T ~~i I( M
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REQUEST
o Zone Change - 0 Minor Redevelopment Permit
0 General Plan Amendment [JPrecise Development Plan
[Tentative Tract Map []Specific Plan
1Planried Unit Development 0 Site Dveloptient Plan -
DMajor Condominium Permit 0 Conditional Use Permit
OMinor Condominium Permit DVariance
OMaster Plan 0 Planning Corrrnission Detrmination
Major Condominium Conversion DSpecial Use Permit
DMaior Redevelopment Permit 0lministrative Varianc
(check other boxes if appropriate)
Complete Description of Project (attach additional sheets if necessary) -
Tentative Map for 238 lot planned unit development subdivision (Village_jJ)..
The map includes recreational facilities. -5 Housing types are condominium
Location of Project
North of El Gamma Real, east of future College Avenue, southof the City
.of 0ceansi and west Lake Calavera and the Kelley property
Legal Description (complete)
A portion of Lots "D", "E" and Jtt of the Rancho Agua Hedionda, CiLOf
Carlsbad, County of San Diego
Assessors Parcel Number
8-040-18
Zone General Plan Existing Land Use
PC RLM Vacant
Proposed Zone Proposed General Plan Site Acreage
61.7 Acres
Owner - Applicant
Name (Print or Type) Name (Print or Type)
Cedric E.Sanders Calavera Hills Company
?fling Ad?s Mailing Address
110 West C Street, Suite 1220 110 West C Street, Suite 1220
City and State zip Telephone City and State Zip Telephone
San Diego, CA 92101 (619)235-9180 San Diego, CA 92101 (619-)235-9180
I CEkrIFY THAT I AM THE LEGAL CMNER AND I CERrIF'17 THAT I AM THE OWNER'S REPRESENTATIVE
THAT ALL THE ABOVE INFORMATION IS TRUE AND THAT ALL THE ABOVE INFORMATION IS TRUE
AND CORRECT TO THE BEST OF MY, KNOWLEDGE. AND CORRECT TO THE BEST OF MY KNOWLEDGE.
SIGNA13RE DATE SIGNURE DATE
'
o 3
Date Application Rec 1ce6 Recept No.
-___ __* I • - __ •-_-___ •__- _______
Le ipITiUori
-
rCase Nuriber
If after the information you have submitted has been reviewed,- t is ceerminec,
that further information s required, you will be so a
APPLICANT: Calavera Hills Company
Name (individual, partnership, joint venture, corporation, syndication)
110 West C Street, Suite 1220,.an Diego, California 92101 -
Business Address
(619) 235-9180
• Telephone Number
AGENT:
Name
Business Address
EMBERS:
Telephone Number
2017 Caminito Ci.rulo Norte
Cedric E. Sanders La Jolla, California 92037
Name (individual, -partner, joint . Home Address .
venture, cozporation, syndication)
110 West C Street, Suite 1220, San Diego -,California 92101
Business Address
(.619) 235-9180
Telephone Number Telephone Number
Home Address
Business Address
Telephone Ntmber - . Telephone Number -
• . (Attach more sheets if necessary) ..• -
I/We 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. -
- -
- CALAVERA HILLS COMPANY
Applicant
BY
I.after the information y ave submitted has been rev. , it is cieterminec
that further information is ..equired, you will be so advi -
APPLICANT: Calavera Hills Company
Name (individual, partnership, joint venture, corporation, syndication)
110 West C street, Suite 1-220,. San Diego,. California 92101
Business Address
• . (61.9) 235-9180 . . •.. . . • -
•
•
Telephone Number
AGENT: .
: • -
Name . . .. . . .
Business Address . . . -. . .•.. .
• . . Telephone Number . ..• . .. . .•. - -
-. . .. .. . . 201-7. Gaminito CireuLo Norte - .
MEMBERS: Cedric E. Sariders • La Jolla, California. 92037
-. . • Name '(individual, -partner, joint • Rome Address •
venture, corporation, syndication)
• 110 West C Street, Suite 1220 3 San Diego -,Californ4a 92101
Business Address . . . .
(619) 235-9180 . . .
Telephone Number . Telephone Number
• ... . .. . . .• Name . -
Rome Address
• ..• Business Address - •
• . -
-
Telephone Number - . Telephone Number
(Attach more sheets if necessary)
I/We 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. -
CALAYERA HILLS COMPANY
App
. •.
EXHIBIT "A"
LEGAL DESCRIPTION
A portion of Lots "D", "E" and "J" of the Rancho Agua
Hedionda, City of Carlsbad, County of San Diego.
c 'U
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.
September 8, 1983
Date
Cedric E. Sanders - Owner
Name (Print) Relationship to Application
(Property Owner-Agent)
RECORDING REQUESTED BY A• ) s
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
ignature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. 16804018
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
-. PAYMENTOFAPUBLICFACILITIESFEE
THIS AGREEMENT is entered into this 8day of September -, 1983
by and between. CEDRICE. SANDERS dbaCALAVERA HILLS COMPANY
(name of developer-owner)
a sole owner , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is 110 West C Street, Suite 1220,
(Street)
San Diego, California 92101 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 '2 N E S S E T R:
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 adevelopment project as follows:
residential
REV 4-2-82
on said Property, which Ovelopment'carries the proQsed name of
CALAVERA HILLS
and is hereafter referred to as ."Development"; and
WHEREAS, Developer filed on the 8 day of September
19 83_, with the City a request for Tentative Map
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, iSonsideration of the recills 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 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 co-operative. 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 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
S .
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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6. All obligations ereunder shall terminate n 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 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.
""1? 1. I. • O'
.
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER:
CALAVERA HI OMPANY
BY
Cedric E. Sanders
Owner
(Title)
BY
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
City Manager
/
(Title)
ATTEST:
ALETRA L. RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
STATE OF CALIFORNIA Iss
COUNTY OF SAN DIEGO___j
On September 8 , 1983 before me, the undersigned, a Notary Public in and for
said State, personally appeared CEDRIC E. SANDERS
personally known to me (or proved to me on the basis of satis-
factory evidence) to be the person whose name is,rXsub- OFFICIAL SEAL
scribed to the within instrument and acknowledged to me that SHARON WESTERN
he/ij executed the same. NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY
WITNESS my hand and official seal. My comm. expires JAN 31, 1987.
'2fl_1 (This area for official notarial seal)
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