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HomeMy WebLinkAboutCT 85-32; SERIES 10000 CARLSBAD RESEARCH CENTER; Tentative Map (CT)F LAND US. P",ANNING :';PLICATIDN : DISCRETIOOARY ACrIOOS REQUEST OZone ChaD3'e o General Plan Amendment o Tentative Tract Map o Major Planned Unit DeveloPf(lent DMaster Plan . o Major Redevelopment Pennit DMinor Redevelopment Pennit [JPrecise Development Plan (check other boxes if appropriate) ClSpecific Plan []Site Development Plan OCondi tional Use Penni t OVariance [JPlanning Commission Detennination OSpecial Use Pennit []Structure Relocation []Major Condominium Penni t OCoastal Permit (Portion of Redevelop:nen Area Only) Camp ete Descrlptlon 0 ProJect (attac s eets 1 necessary The a ro oses a tentative tract rna and a lanned unit development over five existing lots within the Carlsbad Research Center for the purpose of developing twelve one story buildings along Farnsworth Court. Legal Descriptlon (complete) Lot 33-37 record rna' number 11134 in the Cit of Carlsbad Count of San Diego ssessors Parcel N r Zone Gener Use C-M PI vacant Proposed Zone Proposed General Plan Site Acreage C-M PI 12.29 ~--~----------~---------------------~--~~~~---------------------~' ~ OWner licant Name (Prlnt or Type) Name (Prlnt or Type) 733 0 Zip Telephone City .' r ~ I ,-. t • I. SPECIFIC REQUIREMENTS • General Plan Amendment/Zone Change 1. Application 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: -eighteen (18) copies of items B-D -items E-O 3. Fee: Master Plan $1,635 + f5.00 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 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 Ma'or Planned units) App cat on Form 2. General Requirement Items: 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. If after the information you have submitted has been revieWed, it is determined ( . uhat further informatio.s re~ired' you wi~~ be so a,sed_ APPLICANT: ~ QII&<,/SI!Ab R~VdllH C&4JTfL tc.s.aOlliLfSa Name (individual, partnership, joint venture, corporation. syndication) 7330 Engineer Road Sa~ Diego, CA 92111 Business Address (619) 292-5550 Telephone Number AGENT: Name Business Addr~s~ Telephone Number .' - l-IE:HBERS : .. "'. Michael. J. Dunigan 3309 Piragua, Carlsbad, CA 92008 Name '(individual, partner, joint. venture, corporation, syndication) Home Address 7330 Engineer Road San Diego, CA 92111 Business Address 292-5550 438-4121 Telephone N~~r Telephone Number t~~j __ O_r_r_i_n_Vl_._M_i_l_l_e_r ______ 1 0 6 2 .Solana OJ;'i ve, Del Mar 92014 Nalne Home Address 7330 Engineer Road San Diego Ca 92111 3~siness Address 292-5550 438-41.21 Telephone Number Telep~ne ~lurnber .(Attach more sheets if necessary) I/He decla:e under. penalty of perjury that the information contained in this dis- closure is tr~~ and correct and that it will remain true and correct and may be" relied upon as being true and correct until amended. '. .PLEMENl'AL INFORMATION FORM • VARIANCE 1) Gross Acres (or square footage, if less than acre) _________ _ 2) Zone ____________________________________________________ __ 3) General Plan·Land Use Desigq.aticn ____ -:---:--_-:-~-------- --------------------~--~------------------------ 4) By law a Variance may be approved cnly if certain facts are fOll'ld to exiftt. Please read these requirements carefully and explain how the proposed project. meets each of these facts. ~e additicnal. sheets if necessary. a) ExPlain Wtr:! theie are exceptl.cnal or extraordinary circumstances or ocnditicns applicable to the property or to the intended use that do not apply' generally to the otnar property ~ class' of use in 'the same. vicinity and zcne: . . ---------------------------------------------------- b) Explain wtr:I such variance is necessary for the preservaticn and. enjoyment of a substantial'property right:. possessed by other property in the same vicinity and zcne but whlch is denied to the property in CJ!.lesti:::n: . . . c) Explain why the granting of such variance will not be materially detrimental to the public \tJelfare or injurious to the property or jrnprovements in such vicinity and zcne in which the property is located --------------------------------------------------------- d) Explain why the granting of such variance .will not adversely affect the conprehensi ve general plan: _______________________ _ ---------------------------------------------------------------------- ----------------------------~-----~----------------------- • AGREEMENT TO EXTEND TIME LIMITS TO ALLOW REVIEW OF THE LAND USE ELEMENT OF THE GENERAL PLAN Iri a desire to'assist the City of Carlsbad to expeditiously review the Land Use Element of the General Plan and to ensure full and adequate review of the application for this development project the undersigned agrees that the time limits imposed by law to approve or disapprove this application shall be extended. If a negative declaration is adopted for this project the undersigned agrees that the time period for approval or disapproval is extended for 90 days. If the project requires an environmental impact report the undersigned agrees that the time limit imposed by Section 21151.5 of the Public Resources Code is extended for six months and that the project shall be approved or disapproved within 90 days after the certification of the "environmental impact report. The undersigned understands that the - City will process this application a"ccording to City Council Resolution No. 7872 and consents to processing the application according to that resolution. Slgna Auth " " " " "" 1'1.:;-; "b(j~1 Name (prlnt) APPROVED: ant or Michael J. Holzmiller Land Use Planning Manager ( • STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP CITX OF CARLSBAD The Subdivision Map Act and the Ca'rlsbad Municipal Code sets a fifty (50) day time restriction on Pianning 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, Condomini.um 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. Ij: 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. f -• Name (Pr~nt) FORM: PLANNING 37, REVISED 3/80 First American Title Insurance Company 411 IVY STREE( (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101 • (619) 238-1776 July 1, 1986 THE KOLL COMPANY 7330 Engineer Road San Diego, California Attn: PATTY BEVIL Your No. 9566 Our Order No. 908923-15 Dated as of June 25, 1986 at 7:30 a.m. "T':RAN.......,.N ... Y;;-;W'T.-y:HA..-r"T':RO;;:PE;:;"R;:;-7'T'm...,jr'g--T;;;"I:;:-;T~LE",..-~O:;:F;;::F~I-:::CE...,R=- The form of policy title insurance contemplated by this report is: PRELIMINARY TITLE REPORT/SUBDIVISION MAP GUARANTEE Title to said estate or interest at the date hereof is vested in: CARLSBAD RESEARCH CENTER, a California general partnership, formerly known as CARLSBAD PACIFIC BUSINESS CENTER, a California general partnership The estate or interest in the land hereinafter described or referred to covered by this Report is: FEE The land referred to herein is described as follows: Lots 33 through 37 of Carlsbad Tract No. 81-10 Unit No. lA, in the Ci ty of Carlsbad, County of San Diego, State of California, according to ~1ap thereof No. 11134 filed in the Office of the County Recorder of said San Diego County, January 31, 1985. ORDER NO. 908923-15 PAGE NO. 2 At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: 1. General and Special taxes for the fiscal year 1986-87, a lien, not yet payable. 2. A Report to follow on: BONDS or ASSESSMENTS 3. The lien of supplemental taxes, if any, assessed pursuant to Chapter j.5 commencing with Section 75 of the California Revenue and Taxation Code. 4. An easement for a pipeline or pipelines, together with conduits and cables for power transmission and communication purposes together with the right of ingress thereto and egress therefrom, together with the right to clear and keep clear said right of way from explosives, buildings and structures and incidental purposes in favor of Costa Real Municipal Water District, recorded November 10, 1983 as File No. 83-407854 of Official Records, located .within Lot 35 as shown on said Map No. 11134. 5. The privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of the pipeline where required for the construction and maintenance of said pipeline as conveyed to Costa Real }tunicipal Water District in Deed recorded November 10, 1983 as File No. 83-407854 of Official Records. Affects Lots 33, 35 and 36. 6. An Agreement regarding public facilities and services resulting payment of a public facilities fee, dated February 1, 1984, upon the terms, covenants, and conditions contained therein. EXECUTED BY AND BETWEEN: CARLSBAD RESEARCH CENTER and THE CITY OF CARLSBAD. RECORDED: February 13, 1984 as File No. 84-053064 of Official Records. Reference is made to said instrument for further particulars. 7. The effect, if any, of the following recital contained on said Map No. 11134: Whereas certain portions of the parcels wi thin this tract are wi thin the airport noise impact area for Palomar Airport as defined by the Sandag Land Use Plan and updates thereto, the City of Carlsbad has required and the subdivider has agreed that the CC & R's for this subdivision contain a provision strongly recommending that sound attenuation measures be incorporated into the construction of buildings within the 65Db CNEL range. The subdivider on behalf of itself and its successors and all subsequent purchasers agrees that the City of Carlsbad shall not be held responsible for any adverse airport related noise impacts as a res.ult of development occurring within the confines of this Subdivision Map. 1 1 ORDER NO. 908923-15 PAGE NO.3 • • 8. An easement for _ underground facilities and appurtenances for the transmission and distribution of electricity, pipelines, communication facilities, and the right of ingress and egress and incidental purposes in favor of SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, recorded May 22, 1985 as File No. 85-180319 of Official Records, described as follows: That certain strip of land 8.00 feet in width, lying within said Lots 33 through 37 inclusive, lying adjacent to and coincident with the exterior boundaries of "RUTHERFORD ROAD" and "FARNSWORTH COURT", both streets as shown and delineated on said Map No. 11134. Reference is made to said instrument for further particulars. 9. An Agreement regarding the payment of public facilities fee, dated Sep tember 25, 1985, upon the terms, covenants, and cond i tions , contained therein. EXECUTED BY AND BETWEEN: CARLSBAD RESEARCH CENTER, a partnership and THE CITY OF CARLSBAD RECORDED: November 6, 1985 as File No. 85-417016 of Official Records. Refernece is made to said instrument for further particulars. 10. The fact that said land lies within the boundaries of Assessment District No. 85-2 (College Boulevard) as disclosed by instrument recorded March 26, 1986 as' File NO. 86-116365 of Official Records. 11. An easement for underground facHi ties and appurtenances' for the transmission and distribution of electricity, pipelines, communication facilities, ant the right of ingress and egress and incidental purposes in favor of SAN DIEGO GAS AND ELECTRIC COMPANY, recorded March 27, 1986 as File No. 86-117547 of Official Records, located within the following: Lots 33, 34, 35, 36 and 37 of CARLSBAD TRACT NO. 81-10, UNIT NO. 2A, (CARLSBAD RESEARCH CENTER), according to Map thereof No. 11134, filed in the Office of the County Recorder of said County of San Diego, January 31, 1985. The easement in the aforesaid property shall be a strip of land, including all of the area lying between the exterior sidelines, which sidelines shall be three (3) feet, measured at right angles, on each exterior side of each and every facHi ty ins taIled wi thin said property on or befo"re February 21, 1988. The route or location of said easement cannot be determined from the record. Refernece is made to said instrument for further particulars. I ... e RECORDING REQUESTED BY AND WHEN RECORDED to4AIL TO: ) ) ) CITY OF CAR LS SA D ) 1200 Elm Avenue ) Carlsbad, California 92008 ) , , Space above' tnis line for Recorder's use Documentary transfer tax: $21.00 Signature of declarant determining t ax-fi rm nane Ci ty of Carl sbad Parcel No. -------------------------------- AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY (F CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into tnis 30th day of June , 19 86 by and between The Koll Company _ _ ---------~~(r.N~~~e~o~f~Dn~ev~e'l~o~pe~r~)~----~------------------ a Californi~ Corporation (Corporation, partnership, etc.) , here; nafter referred to as "Developer" whose ~dress i s _7_3_3_0--.,,;E.;.;.n ... g;;;:.in;;,;;,e;;;:.e,;;.;r=--.;R;;.:.o=-ja;::pid'T::-~~ ______________ _ (Street) San Diego, California 92111 (City, State, zip Code) and Carlsbad Research Center (Name of Legal OWner) a . California Ge~eral Partnership (Corporat on, etc.) , herei nafter referred to as "Owner" Whose ~dress 1s 7330 Engineer Road ------~--~~~~~(S~t~r~ee~t~)------------------- San Diego, California 92111 (City, state, Zip Code) AND the CITY CF CARLSBAD, a Il1.Inici pal corporation of the State of Cal1forn·i a, here; nafter referred to as "City", Whose a:1dress is 1200 Elm Avenue, Carl sbad, California, 92008. REV 4-22-86 , # RECITALS WHEREAS, Owner is the owner of the real property described on EXhibit IIAII:, attached to and made a part of this agreement, nereinafter referred to as IIPropertyll; and WHEREAS, Tne Property lies within tne boundaries of City; and WHEREAS, Developer has contracted with Owner to purcnase tne Property and proposes a development project as follows: Twelve one story buildings (R&D) along Farnsworth Court. on said Property, whi Ch development carri es the proposed narne of Farnsworth Court, (Series 10,000) and is hereinafter referred to as IIDevelopment ll ; and WHEREAS, Developer filed on the 1st day of _J_u_l...=y'--______ , 19 86, with the City a request for ----------------------------------- herei nafter referred to as IIRequestll; and WHEREAS, tne Public Facilities Element of tne City General Plan requires that the City Council find tnat all public facilities necessary to serve a development will be available concurrent witn need or sucn development shall not be approved (said element is on file with the City Clerk and is incorporated by this reference); and WHEREAS, Developer, Owner and City recognize the correctness of Council pplicy No. 17, dated April 22, 1986, 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 accormnodate the ~ditional need for public facilities and services resulting from the proposed Development; and -2- REV 4-22-86 · .... - WHEREAS, Developer and Owner nave asked tne City to find tnat public facilities and services will be available to meet tne future needs of the Development as it is-presently proposed; but tne Developer and Owner are aware tnat tne City cannot and will not be able to make any sucn findings witnout financial assistance to pay for sucn services and facilities; and tnerefore, 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 2.5% of tne building permit valuation of the building or structures to be constructed in tne Development pursuant to the Request. Tne 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 2.5% 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 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 and Owner -3- REV 4-22-86 shall pay the 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 'oodition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. 2. Tne Developer and Owner may offer to donate a si te or si tes for public facilities in lieu of all or part of tne financial obligation agreed upon in Paragrapn 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 t he offer. The time for don at i on and crnount of cred it agai nst 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. Thi s 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 nave 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 determi nes the need ex i sts to provide the facil iti es and suffici ent funds from the payment of this and similar public facilities fees are av ai 1 ab 1 e. -4- REV 4-22-86 '.#' 5. City agrees to provide upon request reasonab 1 e assurances to enab 1 e 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, ajdressed to the City at the ajdress set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and cert ifi ed. 7.2 If notice is given to Developer by personal delivery tnereof to Developer or by depositing the same in the United States Mail, enclosed in a seal ed envelope, addressed to Developer at tne ajdress as may have been designated, postage prepaid and certified. 8. This agreement Shall be binding upon and shall ensure to tne 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 sucn 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 DevelQper's obligations hereunder .. -5- REV 4-22-86 At SUCh time as Owner ceases to have any interest in tne Property, all ob 1; gat ions of Owner nereunder snall term; nate; provided, hOwever, tnat if any successor to tne Owner's interest in tne Property is a stranger to tnis agreement, such successor has first assumed tne obligations of owner in writing ina form acceptab 1 e to City. 9. Thi s agreement shall be recorded but snall not create ali en or security interest in the Property. Wnen tne obligations of tnis agreement have been sati sfi ed, Ci ty snall record a rel ease. IN WITNESS WHEREOF, tnis agreement is executed in San Diego County, California as of tne date first written above. ( Name) (Si gnature) ( Name) ($; gnature) ATTEST: ad Associates, Mana~g , P rtner ALEHTA L. RAOTENKRANZ, City Clerk APPROVED AS TO FORM: '~ VINCENT F. BIONDO, JR., City Attorney lEVELOPER: Southern Division BY ------------------------ TITLE ________ _ CITY OF CARLSBAD, a munici pal corporation of the State of California BY----rrr=-n~~~-----City Manager (Notarial acknowledgement of execution by rEVELOPER-OWNER must be attaChed.) -6- REV 4-22-86 EXHIBIT "A" LEGAL DESCRIPTION Lots 33 through 37 inclusive of Carlsbad Tract No. 81-10 Unit No. 2A, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 11134 filed in the Office of the County Recorder of said San Diego County, January 31, 1985. STATE OF CALIFORNIA) ) 5S. COUNTY OF SAN DIEGO) On June 30 , 1986 , before me, a Notary Publ ic in and for said State, personally appeared =B~.-:;E:..:.:......:F:..;l.::.J· P~Pt::-_-.-_____ _ aftd---------------------------, known to me to be . --~ --:: a partner' of Koll Carlsbad Associates, a partnership, said partner- ship being known to me to be the Managing Partner of Carlsbad Re- search Center, the partnership that executed the within instrument and acknowledged to me that .he executed the same as partner: of the partnership first above named, that said partnership executed the same as a partner of Carlsbad Research Center, and that said last named partnership executed the same. WITNESS my hand and official seal. Notary Public STATE OF CALIFORNIA) ) SSe COUNTY OF SAN DIEGO) On June 30, 1986, before me, a Notary Public in and for said State, personally appeared B. E. Fipp, know to me to be the President, Southern Division of The Koll Company whose name is subscribed to the within instrument and acknowledged to me that he executed the same. WITNESS my hand and official seal. Notary Public . ( --t o /;1/ f _ -L-&'-'C- , --" • OFFICIA&.SEAL PATRICIA L BEVIL ... NoI8Iy~ PrtncipII ortIce III , 1M DIIIIit CounIr My CDnwR. fxp. .... 4.1988 , . 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 Signature of declarant determining tax-firm name City of Carlsbad Parcel No. ------------------------------------- AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 2Sthday of September, 19~ by and between Carlsbad ReseaTcn Center --------~~--~~~~~~~~~~--------------------------------- (name of developer-owner) a Partnership , hereinafter referred to as <Corporation, partnership, etc.) "Developer" whose address is 7330 Engineer Road {streed San Diego, CA 92111 and T'f.IE CITY OF (City, state, zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 120.9 Elm Avenue, -Carlsbad, California, 92008. WIT N E SSE 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 tentative map and planned unit development for 12 one story buildings REV 4-2-82 \\ . NOW, THERE F·ORE, , con s ide rat ion 0 f the rec.a ls 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 v.aluation 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 0 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 ~n 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 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 . , permi~ is necessary prior to the use or occupancy fo~ which the development is intended. Developer shall pay to City a public facilities fee in the sum of $1,150 for each mobilehome space to be constructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. -3- REV 4-2-82 on said Property, which development carrLes the proposed name of Rl.r nsworth <;::ourt and LS hereafter referred to as "Development"; and WHEREAS, Developer filed on the ____ day of 19 ,with the City a request for 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 serVLces 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 f6ture needs of t' 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 2. The Developer ~y offer to donate a site ~ 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 e~jsts 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 serv~ces sufficient to accommodate the needs of the Development herein described. -4- REV 4-2-82 6. All obligatio~hereunder shall terminat'IJn Requests made by Developer are not approved. the event the 7. Any notice from one party to the other shall be ~n 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 ~s g~ven to the City of personal delivery thereof to the City or by depositing same ~n the United States Mail, addressed to the City at the address set forth herein, enclosed ~n a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. 7.2 If notice ~s given to Developer by personal delivery thereof to Developer or by depositing the same ~n the United States Mail, enclosed ~n 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 ass~gns 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 int~rest in the _ i Property, all obligations of Developer hereunder shall terminate; provided, however, tha~ 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. -5- REV 4-2-82 IN WITNESS WHEREOF, this agreement 1S executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: <!"'~8A1> RU.rlf..,1I r:u~"e. A~l"'I#"f'~ -r It£, k c:H..' (n ame) ~.V.f. (Title) ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney CITY OF CARLSBAD, a municipal corporation of the State of California BY ----~--~~---------------------Ci t y Manager _ . f i (Noti'rial acknowledgement of execution by DEVELOPER-OWNER must be attached.) -6- REV 4-2-82 STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. • On this 27th day of September, in the year of 1985, before me the undersigned, a notary public in and for said county and state, personally appeared Michael J. Dunigan and Orrin W. Miller personally known to me to be the persons whose names is subscribed to within the instrument as the authorized agent of The Koll Company and the persons who executed the within instrument of behalf of the Carlsbad Research Center as Managing Partners, and acknowledged to me that such partnership executed the same . Patricia L. Bevil Notary Public IIaIIry Pubuc:·r.alifornia f'ttncIPiI Office In • PA~~~~'L 81ft 0Iea0 County MrCDmm. Exp. Mar. 4.1988 .... . f i POOR QUALITY ORIGINAL S . . CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008. 438·5621 REC'D FROM_~_' _0_' __ --'---<-1_'-)_':'_-_____ -.,..:...: 1<"_' i_/i_' ___ A-'_I_;'...!-I-'-.? ____ DATE . 10 -~ 85""' ACCOUNT NO. DESCRIPTION AMOUNT ! I _I. I .:J ! • ; \ I - I __________________ ~ __ ;_~-----.--.--------------~~~~~3-4-5-6-~~~~._r----~----.~:~' ~. i~/' "70'\.· I ~ t·", ~" I 'ro." '''.;. I RECEIPT NO. TOTAL --------._-----._--.. ~-----------~---'----------------------. i I I : I • I I I II • I ! I v .. M,. ~ __ , site ---- 7 \ : ;i'"·· :' , or ' , .. TIily of Carlsbad O eM-HEAVY COMMERCIAL·:·:H . , t h~,h Dc U )/( C,~(P O)(R S )/(T S ) -co MSlN' TI:O;~:;t1Q':1';97r:R; lOT DCG)I M-IN'DUSRrIAL . "l;~tl .. , i o GENERAL PLAN DESIGNAT"I ~"';;: .. : ::. SERIES· l' . '·C',':, , , :T'· y',' MA,b: ' ~ ,~-, '.,', -, ::,".,:F" -' . , J ,; ,1 r ' site ~'l , h~ , , :: ~ '>- -> ' ';1 :!- Gi of Carlsbad CCM-HEAVY COMMERClAt. I '-," . /' • ,I,. Dc U), ( C).I( P J ),(R S M T S ) -COM L:e .... Ir,.. ,'''''''" , , ' '·'lj"f,:$1"RH;T !! ' U(G)} M-INDUSRTIAL () GENERAL PLAN DESI'G;NA P,UD 93 VICINITY MA site~ ____ _ ..-.... -~----_ .... CM (U) {Cl (PO (RS) (TS) M . (G) __ PA __ ~t!:AR AIRPORT ~ 7C OCM-HEAVY COMMERCIAL D(U),(Cl,(PI),{RS),{TS)-COMBINATION DISTRICT O(G)} M-INDUSRTIAL o GENERAL PLAN DESIGNATIONS SERIES 10,000 C' of Carlsbad PUD 93 CT 85-32