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HomeMy WebLinkAboutCT 84-37; CALAVERA HILLS VILLAGE U; Tentative Map (CT)tt P P L ~j C? [f.% T ~~i I( M UMOM MAW vJ. 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. -2- 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. -3- 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. -4- 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) > C co C1 E 0 0 F- C co U a E U) U- a > V C') Co 0 0 Cl) be