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Home My WebLink AboutCT 84-42; VON PACKARD; Tentative Map (CT)~ .,. ,i- f . PLANN.ING P~ICATIQ~ DISCRETIONARY ACTIONS REQUEST OZone Ch~e o General Pl~ Amendment gg Tentative Tr~ct Map []Major Planned Unit Development~ DMaster Plan o Major Redevelopment Permit []Minor Redevelopment Permit [JPrecise Development Plan (check other boxes if appropriate) DSpecific Plan CJSite Dev~lopment Plan DCondi tional Use Permit OVariance (JPlanning Commission Determination DSpecial Use Permit DStructure Relocation []Major Condominium Permit DCoastal perlnit {Portion of Reje~re]_otme:ntl Area necessary Lots are to be sold, for the development of custom homes. R-1-7500 Zone Same 434"-1'013 .uL;,o.;U"1LJ unl'U;'J;\. AND Agriculture Acreage 1.78 Ac. H. Von Packard 725 Grabd Ave IS 'ffiUE AND '!HAT ALL '!HE ABOVE INFORMATION IS TRUE OF MY KNCMLEroE. AND 'VJI:'u.,,",-'~'" ,. • I. SPECIFIC REQUIREMENTS General Plan Amendment/Zone Chan e • Appl~catlon Form 2. General Requirement Items F-O 3. Reproducible 1:500 scale map of subject property showing.requested zoning and surrounding zoning and land uses. 4. Fee: General Plan Amendment $765.00 + $5.00 per lot or acre, whichever is higher. Zone Change: $655.00 Master Plan/Specific'Plan 1. Application Form 2. General Requirement Items: -fifteen (15) copies of items B-D -items E-O 3. Fee: Master Plan $1,635 + $5.00 per/acre Specific Plan $1,090.00 Master Plan Amendment: Major $545.00 + 5.00 acre Minor $185.00 + 2.00 acre Amendment: Major $440.00 Specific Plan Minor $ 75.00 Tentative Tract Map 1. Application Form 2. General Requirement Items fifteen (15) copies of item A items E-P 3. Fee~ '$530.00 (1-25 lots or units) $765.00 (26-100 lots or units) $1,310 (100 + lots or units) Revision: $330.00 (1-25 units or lots) $545.00 (26-100 units or lots) $765.00 (100+ units or lots) $150.00 Revision that does not change design of subd~vision' Major Planned Development (5 or more units) 1. Application Form 2. General Requirement Items: fifteen (15) copies of items B-D items E-O 3. Conversion to Condominiums -list of names and addresses of all tenants of the 'project, proof of notification of the tenants 60 days prior to filing tentative· map. -5- • LAND L,JS-' PLANN.ING A.PLICATION o Zone Change DISCRETIONARY ACTIONS REQUEST OSpecific Plan tJGeneral Plan Amendment ~Tentative Tract Map o Major Planned Unit Development ,OSi te Development Plan [JOonditional Use Permit OVariance o Master Plan OMajor Redevelopment Permit OMinor R~evelopment Permit \ [JPlanning Commission Determination DSpecial Use Permit []Structure Relocation DPr.ecise Development Plan -OMajor Condominium Permit (check other boxes if appropriate) DCoastal Penni t (Portion of Redevelopment Are~ Only) Complete Descr~pt~on of ProJect (attach add~t~ohal sheets it necessary) DeveJope a 8 lot subdivision at the en~ of Syme Dr~ bet~een Chinquapin Ave. and Tamarack Ave. Lots are to be sold for'the development of custom homes. LegC!,1 Descript~on (complete) Attach-ed Zone General Plan R-1.,.750Q R,?sidentual ProIX>sed Zone PrOIX>sed General Plan Same . ( OWner) Maillng Address ~7..y,'7 ~ ¥ ""-' /~/ A A /1-< ' , ---v ,.<-' ~ ~~ City and State Zip Telepnone Assessors' Parcel Number 206-260-18 & 206-260-19 Ex~stlng Land Use Agriculture Si te Acreage 1.78 ac .. Applicant Name (Prlnt or Type) H. Von Packard Mal11ng Address 725 Grand Ave City and State Zip Telephone .. ~ -I . .H.-"7' 9'7'-d-..-$'90~-~/lT~~$O;J..7 . Carlsbad, Calif. 92008 434-1p13 I CERI'IFY '!HAT I AM '!HE' LEGAL CMNER AND I CERI'IFY '!HAT I AM '!HE avNER r S REPRESENTATIVE THAT ALL '!HE ABOVE INFORMATION IS TRUE AND '!HAT ALL '!HE ABOVE INFORMATION IS TRUE ~ CORRECT 'f() '!HE BEST OF MY KN<mLEOOE. AND CORRECT '10 '!HE BEST OF MY I<NCMLEDGE. :Date· App,llcatlon Rec.'<1. _$t~f. AsSi9n:~ lca.a;t· NUIltler' - -'--.. 1. SPECIFIC REQ!REMENTS • General Plan Amendment/Zone Change 1. Application Form 2. General Re'quirement Items F-O 3. Reproducible 1:500 scale map of subject property showing requested zoning and surrounding zoning and land uses. 4. Fee: General Plan Amendment $765.00 + $5.00 per lot or acre, whichever is higher. Zone Change: $655.00 Master Plan/Specific Plap 1. Application Form 2. General Requirement Items: -eighteen (18) copies of items B-D -items E-O 3. F~0! ,MC'.et~r PJ~n .$1.;,615 + -$5 • .00 per/Clcre Specific Plan $1,090.00 Master Plan Amendment: Major $545.00 + 5.00 acre Minor $185.00 + 2.00 acre Specific Plan Amendment: Major $440.00 Minor $ 75.00 Tentative Tract Map 1. Application Form 2. General Requirement Items eighteen (18) copies of item A items E-P 3. Fee: $530.00 (1-25 lots or units) $765.00 (26-100 lots or units) $1,310 (100 + lots or units) Revision: $330.00 (1-25 units or lots) $545.00 (26-100 units or lots) $765.00 (100+ units or lots) $150.00 Revision that does not change design of subdivision Major Planned Revelopment (5 or more units) 1. Application Form 2. General Requlremerl'i.-It.ems: eighteen (18) ,copies of items B-D items E-O 3. Conversion to Condominiums -list of names and addresses of all tenants of the project, proof of notification of the tenants 60 days prior to filing tentative map. -2- r I .T1NENTAlLAND TITLE COM.V ISSUING OFFICE: PENINSULA aANX : 1331 .OSBCRAN f • SAN DIEGO, CA AftN I ROBERTA WOODS Attention: Dated as of AUG. 21,1984 19 __ at 7:30 AM. Your No. 3-145 Our No. 76638-02 OUrreport of AUG. 1Q, 1984 is supplemented as follows: (SEE DELE'l'ION BELOW) ( ) Item eliminated. ( ) No sUlVey will be required. Our ALTA policy when issued will Include Indorsement No. 100. Said land is also known as County of ( ) General and special County and City taxes for the fiscal year Total: 1st Insf.: 2nd inst.: Exemption: Code No.: Parcel No.: $ $ $ • State of Cclifomia. • as follows: ( ) The following conveyance was recorded during a period of six months preceding the date of this report: DELE'tE 'tHE FOLLOWING FROM ITEM NO.3, ( ) BILL OBERG/.' TItle Officer ISSUING OFFICE: CAl.lFOKbIA t.Ukl.Ll :I:U. rotH'AflY 45 .. L kUFn.!x S'!IF.i.T SAl' DIE(-l), (;ALU'O!UdA ~2111 (t:l~) 278-4111 • rtit 1~ U LA SANt:: • 1331 au;, lCl\.AN!~ • SA.~ lil!W~ (.A Attention: tLW f. a!A wu n;; f -e Your No. Our No. Dated as of __ ~A~U~1\,i::::.:·'lb"",·""",'!'--,"-10~.a..-_ 19--liat 7:30 AM. By ____________________________ __ Title Officer wI U.l~'i OiH~iU; In response to the above referenced application for a policy of title insurance. CONTINENTAL LAND TITLE COMPANY 3-14~/G\LlAI"T WHSiltl.!l 76~)&-ol hereby reports that it is prepared to issue. or cause tq be issued. as of the date h~reot a Policy or- Policies of Title Insurance describing the land and the 'estate or interest therein hereinafter set forth. insuring against loss which may be sustained by reason of any defect, lien or en- cumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules. Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms,fb.9Uld be read. They are available from the office which issued this report. THIS REPORT. (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FAClLlT~TlNG 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 COMMIT- MENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: 1. California Land Title Association Standard Coverage Policy CJ 2. American' Land Title Association Owner's Policy Form B 0 3. American Land Title Association Residential Title Insurance Policy 0 4. American Land Title Association loon Po:;cy 0 Issuing Policies of fu!uyers fide Insurance @poration e. SCHEDULE A Order No.: The estate or interest in the land hereinafter described or referred to covered by this report is: It H.f. Title to said estate or interest at the date hereof is vested in: The land referred to in this report is situated in the State of California. County of and is described as follows: .~ ...... ellA f'reiimrnory li<'port form " SA.'" OIECO e·· SCHEDULE B Order No.: At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this report would be as follows: 1. PIopcrt)' t:1xeso. includini any aSlIeSS::lCots collecte-:! \·:1th taxes, to be leviej for the f tile:' 1 yell r 1934-1 qs:; tJ.dt::'1 arc e. lien not yet pay~bl(:. 2. ';:'hc lieu of 8U?ple~ental taxcs, if anJ. as!>ez15~1 pursuant to the provisions of Chapter 498, Stotute5 of 19:H of the State of Cal1.fornia. 3. Ar!. ea:lllcmt!.t1t for the (UTpose showil below anJ r4bts incidental therli:tu as set forth in a1 dOCUI.:tent (.rll!lted to: snl..n~ WAS: lAl\ii W'H'A!\\, A ChtlFuRf.:I;. CnRrORA":'IO~ Put'posu.: ~'1AD ~ec.nd.?J 1 JI,. ... y i:I. J'ILI 11\ fi(J~ 1393, PALl. 6 Of l.JEE.DS Ai tech: 7.H. S{Jf,'7t-1¥i r.S'!'Ek I " '\11 Flo F.: ~><I; !~H. ~Otr.Hf.AS:ERtT lO fEE'! 4. At: ense.~':rlt tor the purp~St.'l sl'tlY.n beloo; an-! r4htB incidentd thereto &$ ae t forth in a d:>cuwept (,.rantai to: !hf SAN DH:W (;Of'~OLllJl:f.U (AS b tU:C'!'RIC a1.'ipA.~Y. Purpose: Rccot'deJ I Af feet 51 pO U.S, CRf.'::i:>ARMS Mi U _lk £5 JAhlldi.Y 12, 1mB IN b(.1\);.: 144J, Plio:' ~(J Of OEF.lJS !h~: Wf..S:r:ld .. '{ 12 ru:: ct· :Hf. EAS'!'f.Rl T 5uo.'O· ff.F."!' Of !'kAC! 242 OF !H u-: ~l. ~ ~. A &eco1:'J of Survey :1ail purporting to shcr./ variolJ8 houujaries and -di!"!'Znsions of ~.Ji~ 13n:i. ~p (000.: ROS ~JJ 6. A!1--e~~~~c'lt for the. ~'P.! rjJ'?5C sh.mJ~ h~'hw a';1 . .f ri".~fs incHrnt<ll trH:!reto ;if> set fo rtll i1; .it aocu:k':tt t,;r.:tI'ltt!J to: ':!it--~A.\ r>H:(.{; CtlN:..!:l1fi-\:F.!· i/\S & tLF.G:'EIC CO'1p;o.I.'t. k..:cordC'.'i : Af feet!>: A C,Hi.PUKA:I(.~t. LIN!: (1' f'dU-:) >lI:'L\ .·:In~~ ~,!,;~i·r:"t:t.f 7hr_"l-~u:' A!~P ALL fH.Cf.SSAry A'Hi f"I\uPU, Lt·)..". A~Cliili·ACF_. C~{)~SA~',~ A\ D IH<A05 ANL' O:Il~.r: H:r--::"ld'.::' fOUl<. It-.F I!\ COIlO~'rC:It'~, :Hf.lHln:-ll JV~i'. 3. 14:14:l It: !,1:'ji.J!: 13~'lt PA(.r lCN of offICIAL Kf;ro~ AS hl l.l!:\:~ : 'It:il', -Wf~S!E.Rl.Y 208.4 f£E: OF 'rill', lAS:I'.i\LY SUt.>.8 HE: 01-:k.AC l42. 1,.. lull'l 1A~lb. A~ Pf.K ~,\p :H'tF.:Gf #Hjln Uti 11'-. :-tH. at HCf. Of !HE ki:.t.c..i",['U 'Of' !ilt'. SAl U (.0 nr.::v Ot . ~J\:, n f.";";. :hi:. ~Wl.7i:. Of ~AIV Ll'\E '.1' PoU~ A'-:;: ~,HF:) ACK[:S~ SAle ll\~~D Sli.\lL A'::> f'lILU).-;!>: AL;JA":".!'.-:':(I \iI:-Hl:. 5 Hl',~ Of AId. PAI'.:\LLfL :0 :-i'f f~"'~ !f.RLY LHO" Uf 'ZHI::. AtlJ'd. If.~''~vliH_ .. rt\\..H'r~I\:-Y. eLlA Prellmlnory .l1eport ~rrn 1. It 110 O\;ir-undet£tan.llr.:; th~t t~ buye.rfl in this tUl'\baction are: Please a:ivitH,~ us l..~b1!.Ua tel '/ if the o~cs are .t ~sp.t!11ed. or if tl~erf' are aay ottleY" partieR not shovn h~rciC1 a.~.")V;!. s. l:K;flne 1s8Jiui its pol1C! of t1 t.le ins ... r~!\cc~ this LO\.lj.l.l:1Y \illl re-;uire: evic!e1:':c~ satisfactor:' to tt:e CO' .... pany, that p lL~ ~ 1..1.1:1.;.'\ Y CO NS:r..L'C. :-lOt. ' (a) ih validly fotl~(!'-;': ou t~e date W1ie~1 d",c:mentt; il~ thi:; tra~acttoH llrc to be a~n\....J; &::l.! (\:I) is. in gov.:l atardi<"l~:, "n~ auttwr.LA.e.! to do busines!> 1u tbe atllt.e or country .ttere th .. ~ CO Ip<.'l rat iOil _tl.~ tOr'.!1ed. Property tax~~ for tha fiscal ,e~r ~hn~ b~low are p~i~. i:.;r proration purt-~~cs the 4;;wunts; arc: fiscal yc~r 1953-1984 l£; t lnst.<l11~nt: $9£1.12. PAH' 2nJ In. .. talltD!ut: $95.12 PAIr: E&t.t~i' t ion: Laud: l';;lj}rave~(>nt~f I'er.oual I'rO"~ert)': Code Are.:i: As $tHHiUC n t k.): ~vM. $11.>,2c,s.OO fJl1hL SOM. 09CU:J 2 Ott-2b u-l ~ f'r~pert.) taxes for tlie fiscal ye ... r finl''';.] bel(\\.1 ar-t:: p8i~. fv r pror .. tioll pu rposc:: t;H! n',Q/)I .. mtfl c.n:: HSCi.!l year 1';i~U-19t1':' lr-t L'"1st.:ll1~nt: ~9.i\.1~ PA1C t2(,-!;,;;'t~O'.: uHd: hyt Wei,!;;!:..It 5: P.un<ooal l-'roF~rt)': Code hrt:<i: ,As!lt:~!:i'1Cot l'oo: l.lA'r I', I ..... /..- to'J :-.!-, ~lo.2..;;;~.C~, ~{};H, N~!,l:. U9u~t-J 200-16(-1 Cj '. , - ACCOUNT NO. - (>I'"~ ----, I -' t I -/ L,-,---d 7~-l , ~L " , , -( -.' I " -"~7 .-~ A I C -I f -)-~-( I I~ c~ -'j (t;-/_(-/;J. ~ I~l " ( .- I '. RECEIPT NO. r:: ~~ c: r:: ~~ lit .... } .. ~~ ~ ..,.,.J t-.. DESCRIPTION PLN(;. FIL'!.: (! Tglf·"'1 AMOUNT 7.\ \ L'l~' ,':--I ~/.-.---I -( I \ :) -::-\. \, . \ -C--l '" ~...) 1-_J ,/"'-• l .... ·l /_. -.' t \. \ ~ $ , --:;. r J, I ~\,\-l',-(-{ ( ',--~ -::::-4 : .<::-)--(--. \ C, ,--, ( , j. . _.' ,-J --r ~I+ ,':j" t'-{ ( iiI) t L' l~t Pll"r -1'1 ( /7-51' -"\ i )( ,1 ( \ ~\ _/ (:" " ~ If , I \ I I I ,<. " .. -...' .' I (', (. <:J . ) I / \--~.:::.\ , .J; .... J I I \-------I.~ ~ /, .,-.;1 J1k~. \, I \ , It;! "'ti:,~~~"'? .. \ '.~ _1!1_ ""f)~:.0 d 1 ',~ , ~ ~_2'~;:~(!~i I c I .,.. "" ",t, -~ "'t~.\ ........ (;> I !M-?"l .,"' ...... \. I , ~ I ,9.-(.,/. I ~&"feBt~;'~ -.7~ 5-I 5 I I o ----. -, .--.---,--> ._-------------------------------_._. -:3 - PLN6. FILE: CT8tf-Y~ ---- CITY OF CARLSBAD 1200 ELM AVENUE • CARLSBAD, CALIFORNIA 92008 438-5551 RECEIVED~\ l)erS\\lE' r\ DATE Iz/stS4{: ---L4." u i> S -\ ~\S. \A-\ "So I I ADDRESS A/c. NO. DESCRIPTION AMOUNT .OC{-oIO..-E,I.A /75 ~ 8R~:l - CC-,\ -8t l)---\ e ,\~ .-\ \(~c \-t--\o, hCJ , BS() ( ~2P -, i ........ -,;,. I" _' :--. -;:}5-?l11r~V 7 C191~ /' ... 77~' I~ -JI> -~~ {\~t 19M ~. . , ,·M " ' , l~ pMO \lRcR -> 0'; ~JJ Jr~~lS~~P -, (i.\ C) ~ u,tt\.SBI\$, \IIW \J ~..Q" :-,,' .. r~Qy 44922 ~~ZZ~OTAL 70~ - " -~ -I' . • 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 ahd 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 parti~s to the application be a partnership or joint venture, then please state ~he full legal name of the partnership or toint venture;' its legal address and the name and addres~ of eabh individual p~rson who is a general and/or limited pa~tner or member of the joint venture. Should one or more of the parties be a privately held corpora~ion (10 shareholders or less) or a real estate syndication, then please state the state of . incorporation or syndication, corporate number, date of incorporation or syndi6ation, corporate or syn- dicate addres's, 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 address of the corporatiori, the place of its incorporation, nu:rriber of shareholders, and the name c;tnd 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. I -1-2- ) ". .. " • ~ •• -One (1) copy each of 8 1/2"x11" site plan and elevations. ~. One (1) copy of 8 1/2"x11" location map (suggested scale 200" -vicinity maps on the site plan are not acceptable) (S ... ' Environmental Impact Assessment Form ($175) ~ Public Fa,cility Agreement: 2 copies: One (1) notorized original, pne (1) reproduced copy. t~ Disclosure Statement J< Propert Owners' List and Addressed Stamped Envelo es Not nee e or Slte Deve opment Pan, Specla Use Permit, Planning Commission Determination and Minor Condominium ' Permit) 1) a typewritten list of the names and addresses of all property owners and occupants within a 300 foot radius of subject property (including the applicant and/or owner). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. 2) Two separate sets of legal size (#10), addressed stamped envelopes (four sets for condominium conversions) of the property owners and occupants within a 300-foot radius of subject property. For any address other than single family residence, apartment or suite number must be included. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON ENVELOPES AND LEAVE RETURN OF ADDRESS BLANK. 3) For Condominium Conversions, two separate sets of addressed, stamped envelopes of all existing tenants is required. K~ 300 Foot Radius Map . (Not needed for Site Development Plan, Planning Commission Determiriation and Special Use Permit). A map to scale not less than 1" = 200' showing each lot within 300 feet of , the exterior boundaries of the subject property. Each of these- lots shall be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Land Use Planning Manager if the required scale is impractical. L. For residential projects within Vista, Encinitas or San Dieguito School Districts, the applicant shall indicate whether he prefers to dedicate land for school facilities, to pay a fee in lieu thereof, or do a combination of these. If the applicant prefers to dedicate land, he shall suqgest the specific land. :?r ,tM • N .. O. For residential projects within the Carlsbad Unified School District and the San Marco Unified School District, the applicant shall submit written confirmation that school facilities will be available and serve the project at time of need. Preliminary Title Report (current within the last six : months) Proof of sewer availability if located in the Leucadia County Water District. Colored Site Plan and Elevation Plan (Not required with first submittal). It is the Applicant's responsibility to bring one copy of a colored site plan and one copy of a colored elevation to the Land Use Planning Office by Noon two days prior to the Planning Commission meeting. Statement of agreement to waive tentative tract map time limits. -11- PARCEL 1: A PORTION OF TRACT 242 OF THLM lANI:6, IN THE CITY OF CARLSBAD, COUNTY OF SAL~ DIEGO, STATE OF CALIFORNIA, ACOJRDING TO MAP THEREOF NO. 1681, F1 LED IN THE OF FICE OF THE CO UNTY RECORDER OF SAN DIEm COUNTY t DESCRIBED AS PO LL&S: BEGINNING AT A PO INT ON THE CENTER LINE OF TAMARACK AVE., SOurH 61°21' WEST 444.50 FEET DISTANT FRCM THE INTERSECTION OF THE CENTER LINE OF SAID TAMARACK AVENUE WITH THE CENTER LINE OF HIGHAND STREET; THEN::E OONTINUING SOurH 61°21' WEST ALONG THE CENTER LINE OF SAID TAMARACK AVE., A DISTANCE OF 92.30 FEET TO A POINT; THEOCE SOurH 28°39' EAST A DISTANCE OF 446.31 FEET TO A POINT; THEOCE NORTH 61°21' EAST A DISTANCE OF 92.30 FEET TO A POINT; THEOCE NORTH 28°39' WEST A DISTANCE OF 446.31 FEET TO THE PO INT OF BEGINNING. PARCEL 2: ALL THAT PORT~ON OF TRACT lWO HUNffiED FORTY-TWO OF THLM IANr:6 7 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEm, STATE OF CALIFORNIA, ACOJRDING TO MAP THEREOF NO. 1681, FI LED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECF.MBER 9, 1915 AND MORE PARCIC U IARL Y DESCRIB ED AS PO LL&S : BEGINNING AT A POINI' ON THE CENTER LINE OF TAMARACK AVENUE SOurH 61 °21' WEST FRCM THE INTERSECTION OF THE CENTER LINE OF SAID TAMARACK AVENUE WITH THE CENTER LINE OF HICHIAND STREET; 352.20 FEET DISTANT; THEOCE OONTINUING SourH 61°21' WEST ALONG THE CENTER LINE OF TAMARACK AVENUE A DISTANCE OF'92.30 FEET TO A POINT; THEOCE SourH 28°39' EAST A DISTANCE OF 446.31 FEET TO A POINT; THEOCE NORTH 61°21' EAST A DISTANCE OF 176.10 FEET TO A POINT; THENCE NORTH 28°39' WEST A DISTANCE OF 56.45 FEET TO A POINT; THE1{;E SOurH 61°21' WEST A DISTANCE OF 83.80 FEET TO A POINT; THEOCE NORTH 28°39' WEST A DISTANCE OF 389.86 FEET TO THE POINT OF BEGINNING. 1 "II III III hi i' :11 iIi " '" II ~ :: :41 " III i, i . , \. l iSUPPL&o\olENI'AL INFOR."1ATION FORr1. VARIANCE 1) Gross 1Icres (or square footage, if less than acre) --------------~------- 2) &ne __ ~ __ ~------------~----------------------------~----- 3) General Pla."l Land Use Designaticn ______ -:---:--~~--------...,_--- 4) By law a Variance may be approved cnly if certa:in facts are found to exist. Please read t.hase requirements carefully ,and explam how tl"e propbsed ~roject meets each of these facts. U:se additicnal sheets if necessary .. a) Explairi Wfr:! there are exceptl.cnaJ. Or extraord:inary circl.ll'tlSi:.ances or ca1diticns applicable to the property or to the :intended use tna.t do not apply' general,ly to th=·ot.har property ~r class' of use :in"the same-vicinity and zme: . . b) ExplaJ,n w"rr:J such variance is necessary for the preservaticn and • enjoyment of a sUbstantial'property right possessed by other property in the same vici.."1.ity and Z01.e but w:hich is denied to the property in question: c) Expla:in wl"¥ the granting of such variance \vill not be materially detrimental to the public welfare or injurious to t:he property or improvements.in such vicinity and zene in wbich tbe property is located d) Explain .... "h'.l the granting of such variance \>rill not adversely affect the co.nprehensive general' plan: _"--___________ --..-_. ________ _ ------------------------------------------~---------.------------ -13- • Residential Condominiums $530.00 (5Q units or less) $1,,090.00 (50 units or more) $~65,00 (Amendment for 50 units or less) $655.00 (Amendment fO,r 50 units or more) $ 5.00 Uhit (Notification oi Tenants for Condominium , . Corivers ion) Residential Planned unit Development $530.00 (50 units or less) $875.00 (51 units or more) $275.00 (Amendment for 50 units "or less) $545.00 (Amendment for 50 units or more) Non Residential Condominium or Planned Unit Development $420~OO (50 or less units) $1,090.00 (50 or more units) $220.00 (Amendment for 5p or less units) $400.00 (Amendment for 50 or more units) Si.te. Development Plan 1. Application Form 2. General Requirement Items fifteen (15) copies of items E-I, M-O 3. Fee: $365.00 items B-D Conditional Use Permit/Special Use Permit/Precise Development Plan 1. Application Form 2. General Requirement Items: fifteen (15) copies of items B-D items E-O (items L,M & N not required for Special Use Permit) . 3. Fee: $420.00 Conditional Use Permit/Special Use Permit $440.00 Precise Development Plan 4. Additional information may be required by the Engineering Department for Special Use Permits variance 1. Application Form 2. General Requirement Items: fifteen (15) copies of item Band D (if applicable) . items E, F, H-K, M, 0 3. Variance Supplemental Sheet 4. Fee: Single Family = $150.00 Other = $420.00 .... '1- - 1 , "D te , t' P annlng CommlSSlon e ermlna lon • 1. Application Form 2. One page statement precisely indicating the 3. 4. 5. determination request. General Requirement Items: fifteen (15) copies of items B-D (if applicable) items F-I, M, 0 General Requirement Items for Density Determination: fifteen (15) copies items B-D items E-I, M-.O Fee: $330.00' Major and Minor Redevelopment Permits 1. Application Form 2. General Requirement Items: Major: fifteen (15) copies of Item B-D items E-M and material samples (if applicable) Minor: fifteen (15) copies of items B-D (if applicable) items E-F, H-M and material samples (if applicable) 3. Fee. (Not established except where other permit is necessary). 4. Coastal Permit if applicable. Structure Relocation 1. 2. 3. NOTE: Application Form General Requirement Items fifteen (15) copies of Band D items E, F, H, I, M inspection notice from the Building Department Fee: $120.00 INCOMPLETE SUBMITTALS WILL PREVENT OR SIGNIFICANTLY DELAY THE PROCESSING OF A PROJECT II. GENERAL REQUIREMENTS I. Tentative map/preliminary grading plan (24" x 36" folded to 8 1/2" X 11") Each tentative map/preliminary grading plan shall ,contain the following information: ~1) Name and address of the owner whose property is proposed to be subdivided and the name and address of the subdivider: (21 Name and address of registered civil engineer, licensed surveyor, landscape architect or land planner who pr~pared the maps: (3~) North point: t() Scale: vicinity map: .. 8 .. • I ~ , , - (ts.r Date. preparation; • (61 The location, width and proposed names of all streets within the boundaries of the proposed subdivision and approximate grades thereof; (~) Location and width of alleys; (181 Name, location and width of adj acent streets;- (~) Lot lines and approximate dimensions and numbers of each lotr ( l CO) Approximate' location and width of watercourses or areas subject to-inundation from floods, and location of structures~ irrigation ditches and other permanent physical features; - ( l",n Approximate contours at l' intervals for slopes less than 5%, 2' intervals for slopes between 5% and 10%, .and 5' intervals for slopes over 10%. (both existing and proposed). Existing and proposed topographic contours within a 100 foot perimeter of the boundaries of the site. Existing on-site trees; those to be removed and those to be saved; ( 1"2·) Approximate location of existing buildings and permanent structures and proposed condominium buildipgs; (1~) Location of all major vegetation, showing size and type; , (1.~) Legal description of the exterior boundaries of the subdivision (appro~imate bearings, distances and curve data); (1~) Width and location of all existing or proposed public or private easements; (1B) Classification of lots as to intended residential, commercial, industrial or other uses; ( lv7') Location of railroads; (l\t:l) Approximate radii of curves-of streets; (181 Proposed name and city tract number of the subdivision; " (ae) Any proposed phasing by units; (~¢l) Number of units to be cbnstruct.ed when a condominium or community apartment project is involved. ( 2ji), Method of draining each lot; (2~3') Earthwork Volumes (21) Also, proposed utilities, existing street, sewer, water, and storm drainage improvements along the subdivision frontage, including street lights and fire hydrants on both sides of the street within 300 feet of the subdivision. (26") Typical ptreet section for all adjacent streets and streets within the project. B. 'Site Plan (folded to 8 1/2" X 11") shall' include the following-information: Name and ·address of' applicant, engineer and/or arc- hitect, etc. All easements Dimensioned locations of: access, both pedestrian and vehicular, showing service areas and points of ingress and eg~ess off~street parking and loading areas showing location, number and typical dimensionn of spaces, and wheel stops. e • distances between buildings and/or structures building setbacks (front, rear and sides) location, height, and materials of walls and fences location of freestanding signs all driveways to scale on adjacent and across the street properties for a distance of 100 feet beyond the limits of subject site. existing curbs, gutters, sidewalks and existing paving widths within 100 feet on adjacent and across the street properties. typical street section any existing median islands within 100 feet of subject site. nearest cross streets on both sides with plus or minus distances from subject site. location of all buildings within 100 feet of subject properties. a vicinity map showing major cross streets a summary table indicating the following information: site acreage existing zone and land use proposed land use total building coverage building sq. footage percent landscaping number of parking spaces sq. footage of open/recreational space (if applicable) cubic footage of storage space (if applicable) ADDITIONAL DATA REQUIRED: UNLESS A TENTATIVE MAP IS SUBMITTED ALL DATA REQUIRED FOR A TENTATIVE MAP SHALL BE SUBMITTED ON THE SITE PLAN. ,. C. Preliminary Landscape Plan (24" x 36" folded to 8 1/2" x 11") shall include the following information: 1. Landscape zones per the City of Carlsbad Landscape Guidelines Manual 2. Typical plant species and their sizes for each planting zone 3. An estimate of the yearly amount of irrigation (supplemental) water required to maintain each zone. 4. Landscape maintenance responsibility (private or common) for all areas. 5. Percent of site used for landscaping D. Building-Elevations and Floor Plans* (24 "x36" folded to 8 1/2" x 11") floor plans with square footages included location and size of storage areas all buildings, structures, walls and/or fences, signs and exterior lights. NOTE: ALL PLANS AND EXHIBITS MUST BE FOLDED IN A SIZE NOT TO EXCEED 8 1/2" x 11" • ... 10 - , I i -, , e RECORDING REQUESTED BY AND ) 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 . )zd-AJ S1gnature of declarant determining tax-firm name City of Carlsbad '7 .... 1 __ 2C.{)-ic-)4 Parcel No. ?<II{) 10 I --~------------~~Tj~~---------- AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 3rdday of December , 19 84 by and between H. Von Packard (Name of Developer) a Sole Proprietor , hereinafter referred to as ~(~C~o--r-p-o-r-a-t~i-o-n-,--p--a-r~t-n-e-r--s~h~i-p-,---e-t-c-.-)~ "Developer" whose address 1S 725 Grand Ave. Carlsbad, CA 92008 (Street) (City, State, Zip Code) and Paul A. and Beth L. Passage (Name of Legal Owner) a Husband and Wife , hereinafter referred to as ---.(rC~o--r-p-o-r~a-t~i-o~n-,~e~t-c~.~)~---------------- "Owner" whose address is 2747 W. Union Hills Dr. (Street) . Phoenix, AZ 85027 (City, State, Zip Code) AND the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. -1- REV 4-2-82 RECITALS WHEREAS, Owner is the owner of the real property described on Exhibit "A", attached to and made a part of this agreement, and hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer has contracted with Owner to purchase the Property and proposes a development project as follows: ------------------ Parcel the property into 8 R-l lots on said Property, which development. carries the proposed name of and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the _-=4~t:..:.;h~_day of December 1 9 84 , wit h the Cit y are que s t for --:;;a~T::...;e::;n::..:..::t;;::a::...;t::.:l.:.· v~e=-...:.M.:.:a::.pl:.... ___________ _ hereinafter referred to as "Request"; and WHEREAS, the Public Facilitie~:Element of the City General ~lan 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 incorporated by this reference); and WHEREAS, Developer, Owner and City recognize the correctness of Council Policy No. 1·7 dated April 2, 1982, on file with the City ·~l~r~ and incorporated by this reference, and that the dity'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 -2- REV 4-2-82 " WHEREAS, Developer and Owner have asked the City to find that public facil~ti~s'and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer and Owner are aware that the City cannot and will not be able to make any such findings without financial assistance to pay for such services and facilities; and, therefore, Developer and Owner propose to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer and Owner 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 b~ in addition to any fees, dedications or improvements '~~! .. ~ . ~~ ... ;' requir~d p~rsuant to Titles 18, io or 21 of the Carlsbad Municipal Code. Developer and Owner shall pay a fee for , . converSl.on of 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 Car ~ s b'a d M u n i c i pal Cod e . Condominium shall include ~ommunity apartment or stock cooperative. The terms "other construction permits", "other construction permit" and "entitlement for use" as used i~ this agreement, except in reference to mobilehome sites or -3- REV 4-2-82 projects, shall not refer to grading permits or other permits for the construction of-u~derground or street improvements unless no other permit is necessary prior to the use or occupancy for which the development is intended. Developer and Owner shall pay to City a public facilities fee in the sum of $1,150 for each ~obilehome 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. 2. The Developer and Owner may offer to donate a site or sites for public facilities in lieu of all or part of th~ financial obligation agreed upon in Paragraph 1 above. If Developer and Owner 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 ~he fee is not paid as provided herein, the City will not .. ··have-~ha ~unds 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 pe 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- REV 4-2-82 4. City agrees to deposit the fees paid pursuant to this agreement in i 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 and Owner 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. 6. All obligations hereunder 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 td ~he City of personal delivery thereof t~ 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 Develdper at the address as may have been designated, postage prepaid and certified. -5- REV 4-2-82 8. This~alreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assigns of Developer, Owner and the City, and references to Developer, Owner 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. At such time as Owner ceases to have any interest in the Property, all obligations of Owner hereunder shall terminate; provided, however, that if any successor to the Owner's interest in the Property is a stranger to this agreement, such successor has first assumed the obligations of owner in writing in a form acceptable to City.' 9. This agreement shall be recorded but shall not create a lien or security interest on the Property. When the obligations of th,is agreement have been satisfied, City shall record a release. III III III III -6- REV 4-2-82 " IN WITNESS. WHEREOF, this agreement is executed in San Diego County, Cal~fornia as of the date first written above. OWNER: Paul A. Passage (Signature) CJ Beth L. Passage (Name? ~ ~ :--/J ' 7--J~4' ~~zJ (Signature (Name) (Signature ) ATTEST: ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR., Ci~y Attorney : STATE OF CALIFORNfA COUNTY OF San Diego Iss. On this 3rd day of Dec hP . bef . .---E!lIL...J: ,Ill the year J 984 ore me, the underslgned, a Notary Public in and . ' personally appeared H Vi P k for srud County and State, -. ~ on JlC._;:'lrd personally known to me (or proved to tb be the person whose name is subScrib~ ~nt1~e .basis of satisfactory evidencej t at he (she or they) executed it. -0 IS Illstrument, and acknowledged -7- REV 4-2-82 DEVELOPER: H. Von BY ------------------------------TITLE ________________________ __ CITY OF CARLSBAD, a municipal corporation of the State of California BY ~~--~-----------------------City Manager FOR NOTARY SEAL 0 ~~"rI'tl'. ....... '-••••••• "' •••• ,:' •• rIVVV'a OFFICIAL SEA NORA ROBAI NOTARY PUBLIC· CALlt PRINCIPAL Of-FICE I SAN OIEGO COUNn My Commission Exp. Feb. 3, nust be I EXHIBIT "A" LE~AL DESCRIPTION PARCEL 1: A PORTION OF TRACT 242 OF THLM IAN 00 , IN THE CITY OF CARLSBAD, COUNTY (F SAN DIEGO, STATE (F CALIFORNIA, ACOORDING TO MAP THEREOF NO. 1681, FI LED IN THE OF FIC E OF THE CO UNTY REOORDER OF· SAN DIEOO COUNTY, DESCRIBED AS FOLL&S: BEGINNING AT A POINT ON THE CENTER LINE OF TAMARACK AVE., SOurH 61 °21' WEST 444.50 FEET DISTANT FRCl1 THE INTERSECTION OF THE CENTER LINE OF SAID TAMARACK AVENUE WI':H THE CENTER LINE (F HIQiIAND STREET; THEN::E OONTINUING SOurH 61°21' WEST ALONG THE CENTER LINE OF SAID TAMARACK AVE., A DISTANCE OF 92.30 FEET TO A POINT; THEt£E SOurH 28°39' EAST A DISTANCE OF 446.31 FEET TO A POINT; THEt£E NORTH 61°21' EAST A DISTANCE OF 92.30 FEET TO A POINT; THElCE NORTH 28°39' WEST A DISTANCE OF 446.31 FEET TO THE PO INT CF BEGINNING. PARCEL 2: ALL THAT PORTION OF TRACT '!WO HUNIRED FORTY-TWO OF THLM IANfS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEOO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FI LED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECf}{BER 9, 1915 AND MORE PARCICUIARLY IESCRIBED AS FOL~S: BEGINNING AT A POIN! ON THE CENTER LINE OF TAMARACK AVENUE SOurH 61 °21' WEST FRCM THE INTERSECTION OF THE CENTER LINE OF SAID TAMARACK AVENUE WITH THE CENTER LINE CF HIQiIAND STREET; 352.20 FEET DISTANT; THEN::E OONTINUING SOurH 61°21' WEST ALONG THE CENTER LINE OF TAMARACK AVENUE A DISTANCE OF 92.30 FEET TO A POINT; THEt£E SOurH 28°39' EAST A DISTANCE OF·. 446.31 FEET TO A POINT; THEt£E NORTH 61°21' EAST A DISTANCE OF 176.10 FEET TO A POINT; THElCE NORTH 28°39' WEST A DISTANCE OF 56.45 FEET TO A POINT; TH£t£,E SOurH 61°21' WEST A DISTANCE OF 83.80 FEET TO A POINT; THEt£E NORTH 28°39' WEsT A DISTANCE OF 389.86 FEET TO THE' POINT' OF BEGINNING. '.' . • • RECORDING REQUESTED BY AND 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. --------------------------------------- AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT 1S entered into this 4th day of December , 19 84 by and between H. Von Packard (Name of Developer) a Sole Proprietor , her e ina f t err e fer red t 0 as (Corporation, partnership, etc.) "Developer" whose address 1.S 725 Grand . Ave (Street) Carlsbad, CA 92008 (City, State, Zip Code) and H. Von Packard (Name of Legal Owner) a Sole Proprietor , her e ina f t err e fer red t 0 as ---T(~C-o-r-p-o~r~a~t-1~·0~n·,~e~t~c~.~)~----------------- "Owner" whose address 1.S 725 Grand Ave Carlsbad, CA 92008 (Street) (City, State, Zip Code) AND the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address 1.S 1200 Elm Avenue, Carlsbad, California, 92008. REV 4-2-82 I . '. RECITALS WHEREAS, Owner is the owner of the real property described on Exhibit "A", attached to and made a part of this agreement, and hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer has contracted with Owner to purchase the Property and proposes a development project as follows! ________ _ parcel the property into R-1 lots on said Property, which development carries the proposed name of and 1.S hereinafter referred to as "Development"; and WHEREAS, Developer filed on the 4th day of December 1 9 84 wit h the Cit y are que s t for _.::a_t.::,e,;:;n:.:,t::.;a::.t::.;i=.v.:..;e::......:Ina=.olp:"-.-_________ _ 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 incorporated by this reference); and WHEREAS, Developer, Owner and City recognize the correctness of Council Policy No. 17 dated April 2, 1982, on 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 -2- REV 4-2-82 .2. WHEREAS, Developer and Owner have 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 and Owner are aware that the City cannot and will not be able to make any such findings without financial assistance to pay for such services and facilities; and, therefore, Developer and Owner propose to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer and Owner 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 and Owner shall pay a fee for conversion of 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 i~ this agreement, except in reference to mobilehome sites or -3- REV 4-2-82 3 I 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 and Owner 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. 2. The Developer and Owner may offer to donate a site or sites for public facilities in lieu of all or part of th~ financial obligation agreed upon in Paragraph 1 above. If Developer and Owner 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- REV 4-2-82 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 and Owner 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. 6. All obligations hereunder shall terminate in 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 ~n the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. -5- REV 4-2-82 . : 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, Owner and the City, and references to Developer, Owner 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. At such time as Owner ceases to have any interest in the Property, all obligations of Owner hereunder shall terminate; provided, however, that if any successor to the Owner's interest in the Property is a stranger to this agreement, such successor has first assumed the obligations of owner in writing in a form acceptable to City. 9. This agreement shall be recorded but shall not create a lien or security interest on the Property. When the obligations of this agreement have been satisfied, City shall record a release. III III III III -6- REV 4-2-82 ... C Ql E Cl 'C 1 ·s '6 .5 <0 <0 5 . , ;. . IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: (Signature ) (Name) (Signature ) ATTEST: ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney DEVELOPER: BY ------------------------------------ TITLE -------------------------------- CITY OF CARLSBAD, a municipal corporation of the State of California BY --~--------------------------------City Manager (Notarial acknowledgement of execution by DEVELOPER and OWNER must be attached.) STATE OF CALIFORNIA } COUNTY OF _---'S""'a .... nu-..... D'""j""'eg~()"-------SS. On this 3rd day of December ,in the year 1 984 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared H Von PaCkar¢l personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it. Si_~t;6~ Notary Public and for said County and State FOR NOTARY SEAL OR STAMP OFFICIAL SEAL NORA ROBARDS NOTARY PUBLIC· CALIFORNIA PRINCIPAl OFFICE IN SAN DIEGO COUNW My Commission Exp. Feb. 3. 1988 7 ;. EXHIBIT "A" LEnAL DESCRIPTION PARCEL 1: A PORTION OF TRACT 242 OF THIM !ANtS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, 'STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF· SAN DIEoo COUNTY, DESCRIBED AS FOLUWS: BEGINNING AT A POINT ON THE CENTER LINE OF TAMARACK AVE., SOurH 61°21' WEST 444.50 FEET DISTANT FROM THE INTERSECTION OF THE CENTER LINE OF SAl D TAMARACK AVENUE WITH THE CENTER LINE OF HIQlIAND STREET; THEN::E CONTINUING SOurH 61 °21' WEST ALONG THE CENTER LINE OF SAID TAMARACK AVE., A DISTANCE OF 92.30 FEET TO A POINT; THEOCE SOurH 28°39' EAST A DISTANCE OF 446.31 FEET TO A POINT; THEOCE NORTH 61 °21' EAST A DISTANCE OF 92.30 FEET TO A POINT; THEN::E NORTH 28°39' WEST A DISTANCE OF 446.31 FEET TO THE PO INT OF BEGINNING. PARCEL 2: ALL THAT PORTION OF TRACT lWO HUNffiED FORTY-TWO OF THIM IANIl5, IN THE , CITY OF CARLSBAD, COUNTY OF SAN DIEoo, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FI LED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECF.MBER 9, 1915 AND MORE PARCIC U lARL Y DESCRIB ED AS FO LLGlS : , BEGINNING AT A POINT ON THE CENTER LINE OF TAMARACK AVENUE SOurH 61 °21' WEST FRCM THE INTERSECTION OF THE CENTER' LINE OF SAID TAMARACK AVENUE WITH THE CENTER LINE OF HIQllAND STREET; 352.20 FEET DISTANT; THEN;E mNTINUING SOurH 61°21' WEST ALONG THE CENTER. LINE OF TAMARACK AVENUE A DISTANCE OF 92.30 FEET TO A POINT; THEN;E SOurH 28°39' EAST A DISTANCE OF 446.31 FEET TO A POINT; THEOCE NORTH 61°21' EAST A DISTANCE OF 176.10 FEET TO A POINT; THEN;E NORTH 28°39' WEST A DISTANCE OF 56.45 FEET to A POINT; THEN;E SOurH 61°21' WEST A DISTANCE OF 83.80 FEET TO A POINT; THEOCE NORTH 28°39' WEST A DISTANCE OF 389.86 FEET TO THE POINT OF BEGINNING. B • PLANNING APPLICATION CHECKLIST ITEM REQUIRED ' ENCLOSED NOT ENCLOSED '(WHY) A / B C D E ~ / t/ / F P' ~ G / / ~ H / V I J / V / ~ K L / / V V P t.E-t?-0 /l ~ u ~ j) /h2.~ j!J 7JZ--- M tv 177!-;V ~ 0 l/V'/f/t0G-/ t:, c? ;]!. :;:;;:;f'- f N JJlIr )J/! V C t/P/ I tVCr I/-r /c j/f7&? 0 P ~ V RECIEPT NO. !(19;2~ DATE' 12/¢f:C· ~I / :/ " .. CASE ro.:~T r'f--~ APPLICANT://6-r-~ REQJFST:~CL 7-~~d~~o=t)J~[;Jd ~~~ ~o~~·Y- ENVIRCNMEN'mL J ~ EXEMPT OR EXCEP'lED: ___________ _ ~stirl: ____________ __ Prior Ccrnpliance: --------Published: __ _ Filed: ______ _ Filed: NEGATIVE DEcrARATIOO: __________ _ ~stirl: ______ __ Published: ____ _ Notice of Detennination: ENVIRCNMENTAL IMP.ACT REPORI': ____ ~...,....,..-__:_- Notice of Notice of Preparation:________ canpletion: ____ _ PIANNING mMrSSlOO 2. Publication: 3-d-85 3. Notice to Property OWners: sa-1-8S CIT'f COONCIL 1. Date of Hearing: _________ _ 2. Notices to City Clerk: _______ _ 3. Agenda Bill: ___________ _ Notice of Detennination: --- ---- 4. Resolution No. __________ _ Date: ____ _ ACTION: ____ _ 5. Ordinance No. ___________ _ Date: ____ _ CORRESPCtIDENCE Staff Report to Applicant: _______ _ Resolution to Applicant: ________ _ IL ~ pj' <J) " ~, ~ ~ ~ ~ '~ " Ci'i ~ .' ....., " \0' .. ~ "", .J_.~. CHINQUAPIN AVE. l I 1 ~( llf I fti __ -'/;" '.' . '- !:"lCi , ,pi '; '. :j, , ~, 1 i "'-', 'I" -,;,.-,-~-'''~-:,~a: ~ . . ··~f .f,' .--;----.. ---.:e~~r__ ..... , . /~. ~- t!r".:".;\ , , , ,'I {,~ Q: a ,-.("., ~- I I II 10'1 PI.'IN " ~, .. .. , .. ' ... ~ ¥ n. s ~ H Y' I: -." ." . rio ~ -, ,;'~;; !~-~ f' ,'y~. ~'"'.;', ,r; .. ' _ "::;-':,~ •• ~;": £"",.;::;ti -~'V:J ~'.-' t~'.. t , '" -', : 1 ;, .' " , ;r' .~ .--, /'~ \"V 'V ,<I) ,<I') '" f'Y) " rv -.. ", '" '<l '\ "\ "< ~, ..,. ~ " " 95 6/ i>' SYME DR. 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