HomeMy WebLinkAboutCT 89-31; MASADER II; Tentative Map (CT)CITY OF CARLSBAD
LAND USE REVIEW APPLICATION FORM PAGE 1 OF 2
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(For Dept.
Use Only)
(For Dept.
Use Only)
Master Plan ...............
Specific Plan .............
Precise Development Plan...
Tentative Tract Map........
Planned Development Permit
Non-Residential Planned
Development Permit........
Condominium Permit.........
Special Use Permit.........
D Redevelopment Permit.......
Tentative Parcel Map.......
Administrative Variance....
I- -I
e
-I
General Plan Amendment......
Site Development Plan.......
Zone Change.................
Conditional Use Permit......
E Hillside Development Permit.
Environmental Impact
Assessment................
Variance....................
Planned Industrial Permit...
Coastal Development Permit..
Planning Commission Deter...
-I
.1
2) LOCATION OF PROJECT: ON THE ISIDE OFI_*_,Z .JY-tc
(NORTH, SOUTH, EAST, WEST) (NAME OF STREET)
BETWEEN fL-e q ,tuE/?tE AND
(NAME OF STREET) (NAME OF STREET)
3) BRIEF LEGAL DESCRIPTION: 1 1-otL/H., -ii' ' e5 co--2, er/- d
4) ASSESSOR PARCEL NO(S). -?
5) LOCAL FACILITIES' I 6) EXISTING GENERAL' H 7) PROPOSED GENERALI(I,I MANAGEMENT ZONE PLAN DESIGNATION I * PLAN DESIGNATION
8) EXISTING ZONING[ -R D A-" ]9 ) PROPOSED ZONINGt , 10) GROSS SITE
ACREAGE
11) PROPOSED NUMBER OF 112) PROPOSED NUMBERI 113) TYPE OF I RESIDENTIAL UNITS OF LOTS SUBDIVISION
(RESIDENTIAL
14) NUMBER OF EXISTING RESIDENTIAL UNITS I i/'ôJi..& I COMMERCIAL
I NDUSTI RAL)
15) PROPOSED INDUSTRIAL I I 16) PROPOSEDCOMMERCIAL I I OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE
ARFM0008.DH 4/837
N
S
Akbar Ghahremoni
Project Manager, Secretary
MASADER INVESTMENTS, LTD.
4675 MacArthur Court • Suite 1210 • Newport Beach, CA 92660
Tel. 714-851-1299 FAX714-955-1740
CITY OF CARLSBAD W
LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2
17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE L
19) PROPOSED INCREASE IN AVERAGE DAILY
18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS
TRAFFIC
20) PROJECT NAME: X'7J Li'd.
21)BRIEF DESCRIPTION OF PROJECT: 1,1L_
73 IE
22) OWNER 23) APPLICANT
NAME (PRINT OR TYPE),4cAD NAME (PRINT OR TYPE)6AL—'-
MAILING ADDRESS MAILING ADDRESS
r %-,,- CA 11t4 1-1 6 7)- )-c 4 7Z
CITY AND STATE ZIP ('TELEPHONE CITY AND STATE ZIP TELEPHONE -( 51 C% Cl iv 1€1 1 7&' ,
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT I CERTIFY THAT I AM THE OWNER'S REPRE-
ALL THE ABOVE INFORMATION IS TRUE AND CORRECT SENTATIVE AND THAT ALL THE ABOVE TO THE BEST OF MY KNOWLEDGE. INFORMATION IS TRUE AND CORRECT TO SIGNATUR DATE THE BEST OF MY KNOWLEDGE.
SIGNAT - -
**************************************************************************************
FOR CITY USE ONLY
FEE COMPUTATION:
APPLICATION TYPE FEE REQUIRED
9
pup
PEE
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
F c,_~ m I
TOTAL FEE REQUIREDI (7( 7 cf
DATE FEE PAIDI 'a RECEIPT NO.1 7 I
ARFM0008.DH 4/8'
LANDSE REVIEW APPLICATIOORMS
INSTRUCTIONS TO APPLICANTS
In order to streamline the application process and reduce duplication in filling
out application forms the City has adopted a comprehensive application form to
handle multiple application submittals. The following instructions should assist
you in preparing the application form for submittal to the City:
1. Aoolications applied for: Check the appropriate boxes for the various
application types for which you are applying. Check with counter staff
to determine required application types needed to process your specific
project.
2. Location of Project: Fill in the blanks with the appropriate direction
and street names. For projects located in undeveloped areas not adjacent
to streets use the nearest street from which the project will take access.
3. Brief Legal Description: Generally provide a brief legal description of
The property such as; Lot 6 of Map No. 8828 Carlsbad Tract 88-3; or,
portion of Lot I of Rancho Agua Hedionda Map 1717. Do not provide bearings
and distances. A full legal description will be contained within the title
report submitted with the application.
4. Assessor Parcel No.(s): Include all assessors parcel numbers included
within the project boundary. The counter staff can assist you in
determining the appropriate assessors parcel number(s).
5. Local Facilities Management Zone: Write the number of the facilities
management zone within which your project is located. Ask for counter
assistance in determining which facility zone your project is located.
It is important to know which facility zone includes your project. Each
facility zone must have an adopted local facilities management plan before
applications can be accepted by the City. Additionally, the adopted
facility plan for your zone may contain significant public facility
requirements which must be met before your project may be accepted as
complete or before construction permits are issued.
6. Existing General Plan Designation: Write down the General Plan
Designation(s) for the property covered by your proposed project. Ask for
counter assistance if you do not know your general plan designation.
7. Proposed General Plan Designation: Required only if your project involves
a request for a general plan amendment. If so, write in the proposed
general plan designation for the property.
8. Existing Zoning: Write down the existing zone plan designation for your
proposed project property. Ask counter staff for assistance if you do not
now your zone designation.
9. Proposed Zoning: Required only if your project involves a request for a
zone change. If so, write in the proposed zone designation(s).
10. Gross Site Acreage: Write down the total acreage of the property over
which your proposed project is situated. Not necessary for Zone Code
Amendments or Variances.
11. Proposed Number of Residential Units: Required for residential projects.
Write down the total number ofproposed dwelling or apartment units to be
included in the project. Include existing units which are included within
the project boundary.
12. Proposed Number of Lots: For tentative tract maps and minor subdivisions
TO Write down the number of lots which are proposed to be created.
Include remainder parcels, open space and private street lots.
ARFM0008.DI1 4/8
13. IQ.Q.!Lbdiij: For tentative tract andarmaps only. Write down e type or of uses included within the su ivision. For example:
residential or commercial/industrial.
14. Number of Existing Residential Units: Write down the number of existing
dwelling or apartment units currently existing on the project site.
15. Proposed Industrial/Office Square Footage: For all projects which propose
the creation of new industrial buildings. Write in the proposed gross
square footage to be applied for industrial/office use.
16. Proposed Commercial Square Footage: For all projects which propose the
creation of new commercial buildings. Write in the proposed gross square
footage to be applied to commercial use.
17. Percentage of Proposed Project in Open Space: Write down the percentage
of gross project site acreage which qualifies as open space per the growth
management standards. Not required for Variance Applications.
18. Proposed Sewer Usage in Equivalent Dwelling Units: One equivalent dwelling
unit (EDU) is the average of sewer generated by one house or dwelling.
One EDU is equivalent to 220 gallons per day of sewer usage. Use the
attached EDU chart to determine the sewer usage for your project. Ask for
assistance at the counter if you are unsure how to determine your usage.
For industrial projects use the following assumptions:
a. Undeveloped industrial assume 30 percent building
coverage.
b. Improved lot industrial assume 40 percent building coverage.
C. For shell or unknown industrial building usage assume 1 EDU
for each 1800 square feet.
19. Proposed Increase in Average Daily Traffic (ADT): Write down the
projected increase in traffic genration which will result as a consequence
of. approval of your proposed project. Use the traffic generation rates
as determined by the latest San Diego Association of Government Traffic
Generation Rate Guide (attached).
20. Project Name: Fill in the box with the name of the project. Such as
Rising Glen or Aviara. If no name is proposed write in the last name of
the owner or applicant plus a brief description such as Hauser Condo
Conversion or Wickham Residential Subdivision.
21. Brief Description of Prolect: Write down a brief description of the
project. Be specific but do not include square footages or architectural
details. For example: a neighborhood commercial center with two drive
thru restaurants; or, a single family detached residential project; or,
an industrial/office complex with three industrial/office buildings.
22. Owner's Name, Address, Telephone and Signature: To be filled in and
signed by the owner for all applications. Use the owner's name as it
appears on the title report.
23. Applicant's, Name, Address, Telephone and Signature: To be filled in and
signed by the applicant. If owner and applicant are the same you may
write same on the space for the name. All correspondence and contact
regarding the application will be directed to the applicant.
Application Submittal Requirements: Attached with the application form are the
various submittal checklists for each application type listed on the face of the
application. Follow any instructions contained within the submittal
requirements and submit the information and materials required for each of the
applications for which you are applying.
ARFM0008.DH 4/8'
IMPORTANT NOTE S
CHECK ALL SUBMITTALS TO BE SURE ALL THE REQUIRED INFORMATION AND MATERIALS HAVE BEEN SUBMITTED WITH YOUR APPLICATION. INCOMPLETE SUBMITTALS WILL NOT BE
PROCESSED OR SCHEDULED FOR REVIEW BY STAFF, THE COMMISSION OR COUNCIL. YOU WILL
BE NOTIFIED IN WRITING WITHIN 30 DAYS OF SUBMITTAL WHETHER OR NOT YOUR APPLICATION IS COMPLETE.
Applicant Disclosure Form - All applications require submittal of an applicant
disclosure form. Follow the instructions provided on the form and the attached
information sheet.
Circulation Impact Analysis - All applications which propose an increase in the
traffic generation rate of 500 vehicles or more over existing traffic generation
for the site must submit a Circulation Impact Analysis. This Analysis will be
used to determine compliance of your project with Growth Management Facility
Standards. The analysis is not to be considered in lieu of project related
traffic studies which may be required by staff to analyze specific project
related on and off site traffic issues.
Hillside Development Permit - A Hillside Development Permit is required for all
projects with a slope of fifteen percent or more and an elevation differential
greater than fifteen feet. Check with City staff if you are uncertain whether
or not your proposed project site requires a hillside development permit. If
required follow the instructions provided on the application form.
Environmental Impact Assessment Form - All applications for development require
submittal of an Environmental Impact Assessment Form. Larger projects or
projects in environmentally sensitive areas may require more detailed
Environmental Impact Reports. Follow the instruction provided with the
application form.
Coastal Development Permit - Projects within the coastal zone boundary may
require a Coastal Development Permit. For most projects, application is made
to the State Coastal Commission. For projects within the Coastal Zone Boundary
and the City's Redevelopment Area, application for a Coastal Development Permit
is made with the City. Follow the instructions on the application form.
Applicants requiring Coastal Development Permits may wish to obtain a Coastal
Development Permit Handbook available at the Development Processing Counter for
nominal fee.
ARFM0008.DH 4/8
Saii Diego . S
ASSOCIAI'ION OF . BRIEF GUIDE OF VEHICULAR
GOVERNMENTS TRAFFIC GENERATION- RATES FOR THE SAN DIEGO REGION
Suite 524, Security Pacific Plaza
1200 Third Avenue
San Diego, California 92101 JULY ivee
(619) 236.5300
NOTE: This list only represents a 9! of average, or estimated, traffic generation rates for land uses (emphasis on acreage and building square
footage) In the San Diego region. These rates are subject to change as future documentation becomes availabie. or as local sources are updated
For more specific information regarding traffic data and trip rates, please refer to the San Diego Traffic Generators manual. Always check with
local Jurisdictions for their preferred or applicable rates.
ESTIMATED WEEKDAY VEHICLE
- HIGHEST PEAK HOUR S (plus IN:OUT rae) -
LAND USE
TRIP GENERATION RATE
Between 7-9 A.M. Between 4-I P.M.
Agriculture (Open Spice) 2/acre"
Airports
Commercial
-
12/acre, 100/flight. 70/1000 sq ft.' • 6% (6:4) 7% (5:5)
General Aviation 4/acre. 2 flight. 6/based aircraft'
Heliports 100/acre"
Automobile
Car Wash 900/sile, 600/acre" 4%(5-5) 9% (51)
Gasoline 750/station, 130/pump" 6%(55) 12%(55)
Repair & Sales (Dealer) 60/1000 sq. ft 400/acre. 60/service stall' 8%(6.4) 10% (4 6)
Banking
Bank (Walk-in only) 150/1000 sq. ft. 1000/acre' " 4%(7-3) 8%(461
Bank (w/Drive'through) 20011000 sq ft. 1500/acre' 5%(64) 10%(55)
Drive-through only 300/050 one'wey)/iilne' 3% (55) 13%(5-5)
Savings & Loan 60/1000 sq ft . 600/Acre" 2% 9%
Drive-through only 100 (50 one'wey)/iane" 4% 15%
Cemeteries 5/acre'
Church for Synagogue) 15/1000 sq ft . 40/acre " (triple rates 4%(82) 8%(55)
for Sunday. or days of assembly)
Commercial/Retail Centers
Super Regional Shopping Center 40/1000 sq. ft.. 400/acre' 2% (7 3) 9%(55)
(More than 60 acres. more than
600.000 sq. ft., w/usua fly 3
major stores)
Regional Shopping Center 50/1000 sq. ft., 500/acre' 2%(73) 9%(5.5)
(30-60 acres. 300,000-600.000
sq. ft., w/u,ualty 2' major stores)
Community Shoppliuig Center 70/1000 sq ft.. 700/acre ' " 3% (6 4) 10%(55)
(10-30 acres. 100,000-300.000 sq. ft.,
w/usualty 1 major store and
detached restaurant)
Neighborhood Shopping Center 120/1000 ft. 1200/acre' " 4% (6 4) 11%(55)
(Less than 10 acres, less than
100.000 sq. ft.. w/usually grocery
store a drug store)
Commercial Shops 40/1000 sq. ft., 400/acre' 3% (6 4) 911111 (5 5)
(also strip commercial)
Grocery Store 150/1000 sq ft. 1500/acre' " 3% (7 3) 11% (5 5)
Convenience Market 500/1000 sq ft "
''
6119 155)
2% (64)
8%(5 5)
10%(55) Discount
Furniture Store
7011000 sq. ft , 700/Acre'
5/1000 sq It , 100/acre" 4% (6 4) 9% (5 8)
Lumber Store 30/1000 sq ft., lSOiacre" 7% (6 4) 9%(55)
Hardware/Paint Store 60/1000 sq. It. 600/acre" 304 (6 4) 9%(55)
10% (5:5) Garden Nursery 4011000 sq. ft. 90/acre" 4) 3% (6
Education
University (4 years) 25/student. 100 acre' 10% (9 11 9% (37)
8% (3 7) Junior College (2 years) 1 6/student. 80acre' 11 12% (9
20% (8 2) 14% (3 7) High School 1 4'student. 50/acre' 24% (7 3) 7% (3 7) Middle/'Junior High 1 0/student. 40/acre"
26% (S 4) 5% (3 7) Elementary I 4-student 60/acre"
17% (5 5) 18% (5 5) Day Care 3/child. 70/1000 sq ft
MEMBER AGENCIES: Cities of Carlsbad. Chula Vista. Coronado, Del Mar, El Cajon. Encinitas, Escondido. lrnpciriai Beach. La Mesa,
Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos. Santee, Solana Beach. Vista arid County of San Diego
ADVISORY/LIAISON MEMBERS: California Department of Transportation. U S. Department of Defense and Tijuana/Baja California Norte.
Hospitals
General 20;bed. 20/1000 sq ft. 2001acre' 9%(82) 11% (3 7)
Convalescent/Nursing 3/bed' •
Industrial
tnijustriat/Buslness Park (commercial included) 16/1000 sq ft . 200/acre' • 120b (8 2) 12%(28)
Industrial Park (no commercial) 8/1000 sq ft. 90/acre' ,t I°'O (9 I) 12% (2 8)
Industrial Plant (multiple shifts) 10/1000 sq ft. 120/acre' 140b (8 2) 15% (3 7)
Manufacturing/As$IfllbIY 411000 sq ft. 60/acre" 2'o (9 1) 20%(19)
Warehousing ' 5/1000 sq ft. 60/acre" 151; (7 3) 25% (4 61
Storage 2' 1000 sq ft.O 2/vault. 30/acre' 5% (5 5) 9110 (55)
Science Research & Development 8/1000 sq ft. 80.'ecre If". (9 t) 14016 ft 9)
Administration/Corporate Headquarters 7/1000 sq ft. 100/acre" 18"0 (9 I) 16% (I 9)
Library 40/1000 sq. ft.. 400/acre" 2°. (7 3) 10%(55)
Lodging
Hotel (w/eonventtOn facitltie5/restaurant) 10/room. 300/acre' 61 . (f, 4) 8%(64)
Motel 91room. 2001acre 8'. (4 6) 9"4 (6 4)
Resort Hotel 8/room, 100/acre' 5% (6 4) 7%(46)
Military 25 military & civilian personnel' 9% (9 I) 10%(28)
Offices
Standard Commercial Office 20/1000 sq ft . 300/acre' 14"6 (9 I) 13%(28)
(less than 100,000 sq ft.)
Large (high-rise) Commercial Office 17/1000 sq ft. 600/acre' t3'6 (9 1) 14%(28)
(more than 100,000 sq fl./6 stories)
Government (Civic Center) 30/1000 sq ft " 9°. (9 I) 12%(37)
Post Office 150/1000 sq ft . 701 (5 5) 8%(55)
Department of Motor Vehicles 18011000 sq ft. 900/acre" 601i (6 4) 11% (46)
Medical 50/1000 sq ft. 500/acre' 6% (8 2) 10% (3 7)
Parks
City (developed) 50. acre'
Regional (undeveloped) 5/acre 401 8°'.
Neighborhood 5/acre' -
Amusement (Theme) 80/acre. 130/acre (summer only)"
San Diego Zoo 115/acre
Sea World 80/acre'
Rccietion
Beach Ocean or Bay 600' 1000 ft shoreline. 60 acre' 1166 (4 6)
Beach. Lake (fresh water) 50'1000 It. shoreline. 5/acre'
Bowling Center 30/lane. 300/acre" 716 (7 3l 10°'. (4 6)
Campground 4/campsite" 4', 8".
Golf Course 8iacre. 600'course" f,', (R 2) 9"6 (3 7)
Marinas 4'berth. 20 acre' ' 3% 9". (3 7)
Racquetball/Health Club 4011000 sq ft. 300/acre. 401court' 4016 (6 4) 9% (6 4)
Tennis Courts 30.11000 sq ft . 30/court" 40'. 11% (5 5)
Sports Facilities
Outdoor Stadium 50.'acre, 0 2/seat'
Indoor Arena 30/acre. 0 1/seat'
Racetrack 40/acre 06/seat'
Theaters (multiplex) 80/1000 sq. ft.. 1.8/seat' 0 31; 8-#(73)
Residential
Single Family Detached 10/dwelling unit 8'. (28) tO'. 17 3)
(average 4 DU/acre)
Condominium 8/dwelling unit' 82'. (2 8) 100'6 (7 3)
for any multi-family less than
20 DU/acre)
Apartments 6/dwelling unit' 8% (2 8) 11% (7 3)
(or any multi-family units more than
20 DU/acre)
Mobile Home S'dwetling unit. 40/acre' 91 6 (3 7) 11% (6 4)
Retirement Community 4/dwelling unit"
flrirnt Estate . 12'dwr'llinq unit''
Congregate Care Facility 2/dwelling unit'* 3". If' 4) " ( )
Restaurants
Quality 100/1000 sq ft . 500'acre' ' I'. (6 4) 8016 (7 3).
Sit down, high turnover 300'1000 sq ft. 1200 acre' 81. (5 5) 601 (6 4)
Fast Food (w/drive-through) 700.' 1000 sq ft . 3000 acre' " 4'. If' 41 Ft', is 'I
Transportation Facilities
Bus Depot 25 1000 sq ft
Truck Terminal 10'1000 sq ft. 60/acre" 9% (4 6) 8010 (5 5)
Waterport . 170/berth 12.'acre"
Transit Station (Rail) 300.acre'' 141, (7 3) 15°1 (3 7)
'Primary source San Diego rrafl,c Generators.
"Other sources IrE Trip Generation Report. Trip Generation Rates (other agencies) variOus SAN DAG 6 CALTRANS st,idi'c ri'prort and e0m.rifelt
EPA
. S
L
TABLE 13.10.020(c)
Type of Building, Structure or Use
(1) Each space of a trailer court or mobilehome park
(2) Each duplex
(3) Each separate apartment in an apartment house
(4) Each housing accommodation designed for occu-
pancy by a single person or one family, irrespective of
the number actually occupying such accommodation
(5) Each room of a lodginghouse, boardinghouse, hotel,
motel or other multiple dwelling designed for sleeping
accommodations for one or more individuals
Without cooking facilities
With cooking facilities
(6) Churches, theaters and auditoriums, per each unit of
seating capacity (a unit being one hundred fifty per-
Sons or any fraction thereof)
(7) Restaurants:
No seating
Seating
Delicatessen or fast food, using only disposable table-
ware:
No seating
Seating
(8) Automobile service stations:
Not more than four gasoline pumps
More than four gasoline pumps
(9) Self-service laundries, per each washer
Equivalent Dwelling Units
1.00
2.00
1.00
Is
0.60
1.00
1.33
2.67
2.67 plus 1.00 per each 7 seats
or fraction thereof
2.67
2.67 plus 1.00 per each 21 seats
or fraction thereof
2.00
3.00
.75
358-1 (Carlsbad 8-88)
S
TABLE 13.10.020(c)
Type of Building, Structure or Use Equivalent Dwelling Units
(10) Office space in industrial or commercial establish-
ments not listed above Divide the gross floor area of
the building in square feet by
1800
(11) Schools:
Elementary schools
For each sixty pupils or fraction thereof 1.00
Junior high schools
For each fifty pupils or fraction thereof 1.00
High schools
For each thirty pupils or fraction thereof 1.00
(12) In the case of all commercial, industrial and business
establishments not included in subdivisions 1 through
10, inclusive, of this subsection the number of equiv-
alent dwelling units shall be determined in each case
by the city engineer and shall be based upon his esti-
mate of the volume and type of wastewater to be
discharged into the sewer. The provisions of Chapter
13.16 shall apply to all cases under this subsection and
an industrial waste permit shall be required. Any such
permit, issued for any use hereunder, shall include a
specific volume of sewage authorized for such use. If
said amount is exceeded, it shall be grounds for
revocation of the permit.
(13) Warehouses: Divide the gross floor area
of the building in square
feet by 5000
359
.
• DISCLOSURE FORM
APPLICANT SIV V,)73,Lr27. (
Name (individual, partnership, joint venture, corporation, syndi ~—a —tion)
21b5 Th, 4 -- a -. ,
Business Address
)- l a q 9
Telephone Number
AGENT: fL)( G ltp~4 1z & \ C
Name *7 A.
Business Address
-iL1 si—ci
Telephone Number
MEMBERS:
Name (individual, partner, joint Home Address
venture, corporation, syndication)
Business Address
Telephone Number Telephone Number
ame Home Address
Business Address
Telephone Number Telephone Number
(Attach more sheets if necessary)
I/We understand that if this project is located in the Coastal Zone, I/we will apply
for Coastal Commission Approval prior to development.
I/We acknowledge that in the process of reviewing this application, it may be
necessary for members of City Staff, Planning Commissioners, Design Review Board
members, or City Council members to inspect and enter the property that is the
subject of this application. 1/We consent to entry for this purpose.
I/We declare under penalty of perjury that the information contained in this disclosure
is true and correct and that it will remain true and correct and may be relied upon
as being true and correct until amended.
,e LTD
APPLICANT
BY
Agent, Owner, Partner
. S
DISCLOSURE FORM
APPLICANT:
Name' (individual, partnership, joint venture, corporation, syndicatiorj
Business Address
Telephone Number
AGENT:
Name
Business Address
Telephone Number
MEMBERS:
Name (individual, partner, joint Home Address
venture, corporation, syndication)
Business Address
Telephone Number Telephone Number
Name
Home Address
Business Address
Telephone Number Telephone Number
(Attach more sheets if necessary)
I/We understand that if this project is located in the Coastal Zone, I/we will apply
for Coastal Commission Approval prior to development.
I/We acknowledge that in the process of reviewing this application, it may be
necessary for members of City Staff, Planning Commissioners, Design Review Board
members, or City Council members to inspect and enter the property that is the
subject of this application. [/We consent to entry for this purpose.
I/We declare under penalty of perjury that the information contained in this disclosure
is true and correct and that it will remain true and correct and may be relied upon
as being true and correct until amended.
APPLICANT
BY
Acent, Owner, P,,rtnP,- GO) I
4c i ty of Oftrlsbad
DISCLOSURE STATEMENT
APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS
WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED
BOARD, COMMISSION OR COMMITTEE.
(Please Print)
The following information must be disclosed:
Applicant
List the names and addresses of all persons having a financial interest in the application.
Masader_ Investments, _Ltd. ,
A Corporation
4675 MacArthur _Court, _Suite _1210,
Newport_ Beach, _CA92660
2. Owner
List the names and addresses of all persons having any ownership interest in the property involved,
Masader Investments, Ltd.,
A Corporation
4675 MacArthur Court, Suite 1210
Newport Beach, CA 92660
3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and
addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership
interest in the partnership.
Masader General Trading Co.
4675 MacArthur Court, Suite 1210
Newport Beach, CA 92660
4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and
addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary
of the trust.
N/A
(Over) 0
. .
Disclosure Statement Page 2
5. Have you had more than $250 worth of business transacted with any member of City staff, Boards.
Commissions, Committees and Council within the past twelve months?
Yes - No •. If yes, please indicate person(s)
Person is defined as: 'Any individual, firm, copartnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city
municipality, disttict or Other political subdivision, or any other group or combination acting as a unit.'
(NOTE: Attach additional pages as necessary.)
Signature o Signature of applicant/date
Masader Investments, Ltd. Masader Investments, Ltd.
Print or type name of owner Print or type name of applicant
.
Disclosure Statement
Page 2
Have you had more than $250 worth of business transacted with
Commissions, Committees and Council within the past twelve months?
Yes - No .•• If yes, please indicate person(s)__________________
any member of City staff, Boards
Person is defined as: 'Any individual, firm, copartnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city
municipality, district or other political subdivision, or any other group or combination acting as a unit.'
(NOTE: Attach additional pages as necessary.)
Signature o Signature of applicant/date -
Masader Investments, Ltd. Masader Investments, Ltd.
Print or type name of owner Print or type name of applicant
C1tV of Carlsbad Foes
esidential Condominiums and 2075. Las Palmas Drive esidential Planned Unit Carlsbad, CA 92009 Development: (619) 438-1161
$ 530.00 (50 units or less)
$1,090.00 (51 units or more)
PLANNING DEPARTMENT
RESIDENTIAL CONDOMINIUMS
RESIDENTIAL PLANNED UNIT DEVELOPMENT
Complete Description of Project (attach additional
(j, L4i,J-s
sheets if necessary)
Location of Project
L± ')D a-n+tk tb4
Legal Description (complete)
Local Facility Management Zone Assessors Parcel Number
i5- 3'30-03
Zone General Plan Existing Land Use
VtCt1DJ 7
Proposed Zone Proposed General Plan Site Acreage
.57
Owner Applicant
Name (Print or Type)
311DE7 JIUVgTr'IEI\JTS L_-ID- Name (Print or Type)
Mailinci}ddress Mailing Address
City and State Zip Telephone City and State Zip Telephone
I CERTIFY THAT I AM THE LEGAL OWNER
AND THAT ALL THE ABOVE INFORMATION
IS TRUE AND CORRECT TO THE BEST OF
MY KNOWLEDGE.
SIGNATURE DATE
I CERTIFY THAT I AM THE OWNER'S
REPRESENTATIVE AND THAT ALL
THE ABOVE INFORMATION IS TRUE
AND CORRECT TO THE BEST OF
MY KNOWLEDGE.
SIGNATURE DATE
Date Application Rec'd Received By Fees Received Receipt No.
PROJECT NUMBER (S)
SPECIFIC REEMENTS S
1. Fifteen (15) copies of site plan (24" x 36" folded to 8 x 11")
shall include the following information:
- name and address of applicant, owner, engineer and/or
architect, etc., and their registration number.
- all easements
- dimensioned location of:
access, both pedestrian and vehicular, showing service
areas and points of ingress and egress, offstreet parking
and loading areas showing location, number and typical
dimension of spaces, and wheel stops.
- 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, alleys and streets (with street names) 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
- watercourses -
- - typical street sections
-. existing contours and proposed contours in 2' intervals
- any existing" median islands within 100 feet of subject site
nearest cross streets on both sides with plus or minus distances
from subject site
- drainage facilities and/or flow lines
- location of all buildings within 100 feet of subject properties
- grading quantities -
- a vicinity map showing major cross streets
- existing utilities within 100 feet of subject properties
- label all facilities as "existing" or "proposed"
- north arrow and scale
- a summary table indicating the following information:
- date of preparation and revisions
- street address and/or assessor's parcel number
- site acreage
- existing zone and land use
- proposed land use
- total building coverage
M I
I .
- building square footage
- -percent landscaping
- number of parking spaces
- square footage of open /recreational space (if applicable)
- cubic footage of storage space (if applicable)
2. Fifteen (15) copies of preliminary landscape plan (24" x 3611 folded
to 81" x 11') shall include the following information:
- landscape zones per the City of Carlsbad Landscape Guidelines
Manual
- typical plant species and their sizes for each planting zone
- an estimate of the yearly amount of irrigation (supplemental)
water required to maintain each zone
- landscape maintenance responsibility (private or common) for
all areas
- percent of site used for landscaping
3. Fifteen (15) copies of building elevations and floor plans (24" x 36"
folded to 81 x 11") shall include the following information:
- floor plans with square footages included
- location and size of storage areas
- all buildings, structures, walls and/or fences, signs and
exterior lights -
£. One (1) copy of 8" x 11" site plan.
5. One (1) copyof 81" x 11" location map (suggested scale 200" -
vicinity maps oil the site plan are not acceptable).
6. Environmental Impact Assessment Form ($175).
7. Public Facility Agreement: Two (2) copies: One (1) notarized
original, and one (1) reproduced copy.
8. Disclosure Statement.
9. Property Owners' List and Addressed Labels
- A typewritten list of the names and addresses of all property
owners and occupants within a 600 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.
- Two (2) separate sets of mailing labels of the property owners
and occupants within a 600 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 LABELS. Applicant must submit separate
check to cover cost of postage.
(P ~
S S
10. 600 Foot Radius Map
A map to scale not less than 1" = 200' showing each lot within
600 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 Planning Director if the required scale
is impractical.
11. Three(3) copies of the Preliminary Title Report (current within the
last six (6) months).
12. Colored Site Plan and Elevation Plan (Not required with first
submittal). It is the Applicant's responsibility to bring one (1)
copy of a colored site plan and one (1) copy of a colored elevation
to the Planning Department by Noon eight (8) days prior to the
Planning Commission meeting.
13. Constraints Map (24" x 36" folded to 8k" x 11") shall include the
following information:
- major ridge lines
- distant views
- internal views
- riparian woodlands
- intermittent drainage course
- 25-40% slopes
- slopes 40% and above
- major rock outcroppings
- easements-
- floodplains
- archaeological sites
- special planning areas
- biological habitats
14. One (1) copy of 8k" x 11" traffic volume location map of all roadways
potentially impacted by project to include the following information:
existing volumes, ultimate volumes, project only volumes, and phased
(if applicable) volumes.
I .
EXHIBIT UAR
LEGAL DESCRIPTION
Lot 410 of LA COSTA MEADOWS UNIT NO. 2, in the City of Carlsbad,
County of San Diego, State of California, according to Map thereof
No. 6905, filed in the office of the County Recorder of San Diego County,
April 21, 1971.
cc
I 0.
APPLICANT DISCLOSURE FORM
In order to assist the members of the Planning Commission and City Council
to avoid possible conflicts of interest, all applicants are required to complete
this disclosure form at the time of submitting their application. When this form
has been completed and signed, the information will be relied upon by them
in determining if a conflict may exist, so please ensure that all of the
information is completed and accurate. If at anytime before a final action on
your application has been rendered, any of the information required by this
disclosure changes, an amendment reflecting this change must be filed.
If the applicant is an individual, or a partnership (either general or limited)
or a joint venture, please state the full name, address and phone number of
each person or individual (including trusts) who own any beneficial interest
in the property which is the subject of this application. Should one or more
parties to the application be a partnership or joint venture, then please state
the full legal name of the partnership or joint venture, its legal address and
the name and address of each individual person who is a general and/or limited
partner or member of the joint venture.
Should one or more of the parties be a privately held corporation (10
shareholders or less) or a real estate syndication; then please indicate the
state of incorporation or syndication, corporate number, date of incorporation
or syndication, corporate or syndicate address, and the full names and
addresses of each individual shareholder or syndicate member. Should the
corporation be a publicly held corporation, then state the full name and address
of the corporation, the place of its incorporation, number of shareholders,
and the name and address of the officers of the corporation.
Should you feel •that additional information needs., to be provided in order to
provide a full disclosure, please include it.
NO
4,
.
RESIDENTIAL CONDOMINIUMS
RESIDENTIAL PLANNED UNIT DEVELOPMENT
CHECK LIST
COMMENTS
PROJECT NUMBER
1. 15 siteplans
2. 15 landscape
3. 15 bldg. elevations & floor plans
4. 1 site plans
5. 1 location map
6. EIA $175
7. PFF agreement (2) $25
8. Disclosure statement
9. Owner's list and 2 address labels + postage
10. 600 ft. radius map
11. Title Reports (3)
12. Site & elevation plan
13. Constraints map
14. 1 traffic volume map
DATE SIGNATURE
IN
ULrOORANGE CO TITLE COMPANY
F SAN DIEGO FORMERLY TERRA TITLE COMPANY
7474 El Cajon Boulevard, La Mesa, CA 92041/Post Office Box 15517, San Diego, CA 92115/(619) 464-5353
AMENDED PRELIMINARY REPORT
• AMIR ENTERPRISES, INC.
• 4675 Mac Arthur Court, #1210
• Newport Beach, CA 92660
Attention: ALEX
Copies to: ORANGE COAST TITLE
Your No.
Our No. 891377—S
Date June 7, 1989
S /mjh
In response to the above referenced application for a policy of title insurance, ORANGE COAST TITLE Company of San Diego
hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, 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 encumbrance not shown or referred to as an Exception below 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 Addendum 1 attached. Copies of
the Policy forms should 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 facilitating 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 Commitment should be requested.
Dated as of June 6th '19 89 , 7:30 A.M.
ORANGE COAST TITLE COMPANY OF SAN DIEGO
GL2 L9/9
Title to said estate or interest at the date hereof is vested in:
MASADER INVESTMENTS, LTD., a Nevada corporation
NOTE: It is our understanding that title to said estate or interest in said policy is to be vested in:
The estate or interest in the land hereinafter described or referred to in this Report is:
A FEE
The land referred to in this report is described as follows: Lot 410 of LA COSTA MEADOWS UNIT NO. 2, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 6905, filed
in the Office of the County Recorder of San Diego County, April 21, 1971.
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions contained in said policy form would
be as shown on page 2 et. seq. attached hereto.
-11-OCT Rev. 1-89
.
S
PRELIMINARY REPORT CONTINUED
ORDER NO. 891377-S
PAGE TWO
S /mjh
1. General and special taxes, a lien not yet payable, for the fiscal year
1989-90.
2. General special taxes now delinquent for the fiscal year 1988-89
3. Delinquent general and special taxes for the fiscal year 1987-88 and any
subsequent delinquencies. Amount necessary to redeem if paid on or before
June 30, 1989, $4,259.00.
4. The lien of supplemental taxes, if any, assessed pursuant to the provisions of
Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of
the State of California.
5. An easement as shown on said Map over the Southeasterly 10 feet, for unnamed. A16t Ito. 990' 6. Covenants, conditions and restrictions, but deleting restrictions, if any,
based upon race, color, religion or national origin, as contained in
instrument recorded May 6, 1971 as File No. 93263 of Official Records.
Said instrument provides that a violation thereof shall not defeat nor
render invalid the lien of any mortgage or deed of trust made in good faith
and for value.
7. An easement above or below ground for utilities and purposes incidental
thereto, as granted to the San Diego Gas and Electric Company, by deed
recorded April 21, 1982 as File No. 82-112665 of Official Records.
Said deed also recites that the grantor and their successors in estate
shall not erect or construct, or permit to be erected or constructed, any
building or other structure, drill any well or wells, within the limits of
said right of way, and the grantor and their successors and assigns, shall not
increase or decrease, the ground surface elevations within said easement and
right of way without the previous written consent of the grantee.
Affects:
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 facility installed
within said property.
1988-89 TAX INFORMATION:
CODE AREA
PARCEL NO.
1ST INSTALLMENT
2ND INSTALLMENT
LAND VALUE
IMPROVEMENTS
EXEMPTIONS
09064
215-330-03
$1,661.19 NOT PAID
$1,661.19 NOT PAID
$303,621.00
$-O-
DELINQUENT PENALTY $166.12
DELINQUENT PENALTY $176.12
0i
. S J=0=RANGE COAST TITLE COMPANY
OF SAN DIEGO FORMERLY TERRA TITLE COMPANY
7474 El Cajon Boulevard, La Mesa, CA 92041/Post Office Box 15517, San Diego, CA 92115/(619) 464-5353
SUPPLEMENTAL REPORT
215-330-03 SANTA ISABLE STREET
Attention: Alex Date June 2, 1989 Your No. MASADER INV.
Our No. 891377—S
• AMIR ENTERPRISES
• 4675 MacArthur Blvd. #1210
• Newport Beach, CA 92660
Dated as of May 30 , 19_89 at 7:30 A.M. GERALD A. MCDANIEL 4g_
TITLE OFFICER
Vestee: SANE
We wish to supplement the above mentioned preliminary report, and advise the following:
Please amend Item #3 to read as follows:
3. Delinquent general and special taxes for the fiscal year 1987-88 and
any subsequent delinquencies. Amount necessary to redeem if paid on
or before May 31, 1989 $4,209.39
June 30, 1989 $4,259.00
cc: Orange Coast Title
640 North Tustin: Ave.
Suite 106
Santa Ana, CA
Attn: Alexis
.
~~'d ORANGE COAST TITLE COMPANY
OF SAN DIEGO FORMERLY TERRA TITLE COMPANY
7474 El Cajon Boulevard, La Mesa, CA 92041/Post Office Box 15517, San Diego, CA 92115/(619) 464-5353
PRELIMINARY REPORT
AIIIR ENTERPRISES
4675 MacArthur Boulevard
Suite #1210
Newport Beach, California 92660
Attention: ALEX
Copies to: ORANGE COAST TITLE
Your No.
Our No. 891377-S
Date May 31, 1989
S /it
In response to the above referenced application for a policy of title insurance, ORANGE COAST TITLE Company of San Diego
hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, 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 encumbrance not shown or referred to as an Exception below 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 Addendum 1 attached. Copies of
the Policy forms should 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 facilitating 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 Commitment should be requested.
Dated as of May 30th ,19 89 ,7:30A.M.
ORANGE COAST TITLE COMPANY OF SAN DIEGO
DMb'Ja-y-a-7p
Title to said estate or interest at the date hereof is vested in:
MASADER INVESTMENTS, LTD., a Nevada corporation
NOTE: It is our understanding that title to said estate or interest in said policy is to be vested in:
A}flR ENTERPRISES
The estate or interest in the land hereinafter described or referred to in this Report is:
A FEE
The land referred to in this report is described as follows:
LA COSTA MEADOWS UNIT NO. 2 in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 6905, filed
in the Office of the County Recorder of San Diego County, April 21, 1971.
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions contained in said policy form would .4.' be as shown on page 2 et. seq. attached hereto.
c-li-ocr Rev. 1-89
. S
PRELIMINARY REPORT CONTINUED
ORDER NO. 891377-S
PAGE TWO
S lit
1. General and special taxes, a lien not yet payable, for the fiscal year
1989-90.
2. General special taxes now delinquent for the fiscal year 1988-89
3. Delinquent general and special taxes for the fiscal year 1987-88, and
subsequent delinquencies. An estimate has been ordered to determine the
amount necessary to redeem.
4. The lien of supplemental taxes, if any, assessed pursuant to the provisions of
Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of
the State of California.
5. An easement as shown on said Map over the Southeasterly 10 feet, for unnamed.
6. Covenants, conditions and restrictions, but deleting restrictions, if any,
based upon race, color, religion or national origin, as contained in
instrument recorded May 6, 1971 as File No. 93263 of Official Records.
Said instrument provides that a violation thereof shall not defeat nor
render invalid the lien of any mortgage or deed of trust made in good faith
and for value.
7. An easement above or below ground for utilities and purposes incidental
thereto, as granted to the San Diego Gas and Electric Company, by deed
recorded April 21, 1982 as File No. 82-112665 of Official Records.
Said deed also recites that the grantor and their successors in estate
shall not erect or construct, or permit to be erected or constructed, any
building or other structure, drill any well or wells, within the limits of
said right of way, and the grantor and their successors and assigns, shall not
increase or decrease, the ground surface elevations within said easement and
right of way without the previous written consent of the grantee.
Affects:
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 facility installed
within said property.
8. The requirement that this Company be furnished with a copy of the Resolution
of the Board of Directors of )IASADER INVESTMENTS, LTD., a Nevada Corporation,
or other evidence that this transaction is authorized by said corporation.
9. No examination has been made as to the status of AMIR ENTERPRISES, a
California Corporation. A report has been ordered and this item may be
supplemented upon receipt.
10. The requirement that this Company be furnished with a copy of the Resolution
of the Board of Directors of MIIR ENTERPRISES, or other evidence that this
transaction is authorized by said corporation.
1988-89 TAX INFORMATION:
CODE AREA : 09064
PARCEL NO. : 215-330-03
1ST INSTALLMENT : $1,661.19 NOT PAID DELINQUENT PENALTY $166.12
2ND INSTALLMENT : $1,661.19 NOT PAID DELINQUENT PENALTY $176.12
LAND VALUE : $303,621.00
IMPROVEMENTS : $___________
Continued on page 3 attached V
.
S
PRELIMINARY REPORT CONTINUED
ORDER NO. 891377-S
PAGE THREE
S Ijt
EXEMPTIONS
NGE coA:: T1TL 74T7-1rom4N O1OO
E' Ca; or, BuIevrd, LaMe, r c 92"15/(619)464-5353
?tti?nt'i ALEX YQUt No. Map 6905
Qr No, 891377-S
AMIR NTRRISES INC
675 Ma Arthur Ctt 0 12 I
a Ne-t ch CA 92€6(
to; (see bicw) -w-e-,,Ww --------- -'
'çV -----
AsADER INVZT TE.
Neva,&a Corp :Y:
3o 5 is
CC City of Carisb
C}rLter Wtan
(t: CT 8930 on
CiIornia Ci7i1
DaVR Crackie11
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- ---- _
EO.T so
- -: OTC
p CONT•NTAL LAND TITLE COMPANY IS
A SUBSIDIARY OF
LAWYER5 TITLE INSURANCE CORPORATION
4542 RUFFNER STREET
SAN DIEGO, CALIFORNIA 92111
(619) 278-4171
1ASDER CORPORATION
/o AKBAR GHAHREMANI
18552 MAC ARTHUR BLVD., STE. 345
IRVINE, CALIFORNIA
ATTENTION: YOUR No. ALGA ROAD TOWN HOME
OUR No. 80233-05
DATED AS OF JULY 4, 1985 AT 7:30 P.M.
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF
TITLE INSURANCE
CONTINENTAL LAND TITLE COMPANY
HEREBY REPORTS THAT IT-IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED AS OF THE
DATE HEREOF, 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 ENCUMBRANCE 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 P,INTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR
POLICIES ARE SET FORTH IN THE ATTACHED LIST. COPIES OF THE POLICY FORMS
SHOULD 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 FACILITATING 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 COMMITMENT
SHOULD BE REQUESTED.
THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT Is:
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY
7 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY
3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY El
4. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B C]
I) 4Q
TITLE OFFICER ANDRE PIHFORD
V
0 SCHEDULE A ORDER NO. 83-05
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR R-EFERRED TO
COVERED BY THIS REPORT Is:
A FEE
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
MASADER INVESTMENTS LTD., A NEVADA CORPORATION
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS:
LOTS 408 AND 410 OF LA COSTA MEADOWS NO. 2, IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6905, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 12, 1971.
0 SCHEDULE B
ORDER NO. 80233-05
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEP-
TIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS
REPORT WOULD BE AS FOLLOWS:
THE FOLLOWING ITEMS AFFECT LOT 410:
1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE
LEVIED FOR THE FISCAL YEAR 1985 - 1986 WHICH ARE A LIEN NOT YET
PAYABLE.
2. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY
ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 1984 - 1985.
ANY DELINQUENT TAXES, BONDS OR ASSESSMENTS WILL BE REPORTED LATER
4. A SALE TO THE STATE OF CALIFORNIA FOR GENERAL AND SPECIAL TAXES AND
SUBSEQUENT DELINQUENCIES FOR THE
FISCAL YEAR: 1984-1985
TAXING AUTHORITY: STATE OF CALIFORNIA
AMOUNT TO PAY PRIOR TO: .JULY, $3,575.49
5. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PRO-
VISIONS OF CHAPTER 498, STATUTES OF 1983 OF THE STATE OF CALIFORNIA.
6. COVENANTS; CONDITIONS AND RESTRICTIONS (DELETING THEREFROM ANY
RESTRICTIONS BASED ON RACE, COLOR OR CREED) AS SETFORTH IN THE DOCU-
MENT
,RECORDED: MAY 6, 1971 AS FILE NO. 93623 OF OFFICIAL
RECORDS
SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION
THEREOF SHALL NOT DEFEAT THE LIEN OF ANY MORTGAGE OR DEED OF TRUST
MADE IN GOOD FAITH AND FOR VALUE.
7. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW,
AND ANY OTHER OBLIGATIONS SECURED THEREBY:
AMOUNT: $20,000.00
DATED: AUGUST 1, 1980
TRUSTOR: AMERICANA VIEWS II, A CALIFORNIA LIMITED PART-
NERSHIP
TRUSTEE: LAND TITLE INSURANCE COMPANY, A CALIFORNIA
CORPORATION
BENEFICIARY: JOHN A. TIRRELL, AN UNMARRIED MAN, AS TO AN
UNDIVIDED ONE-FOURTH INTEREST; AND JAMES C.
ZOLIN, AN UNMARRIED MAN AS TO AN UNDIVIDED
ONE-FOURTH INTEREST; AND JOSEPHINE M. ZOLIN, A
SINGLE WOMAN AS TO AN UNDIVIDED ONE-FOURTH
INTEREST, AND NAZEAh ALADRAY AND JOSEPHINE
ALADRAY, HUSBAND AND WIFE AS JOINT TENANTS, AS
TO AN UNDIVIDED ONE-FOURTH INTEREST
RECORDED: AUGUST 159 1980 AS FILE/PAGE NO. 80-262077 OF
OFFICIAL RECORDS
mi
3. ANY DELINQUE TAXES,•NDS OR ASSESSMENTS WILL •REPORTED LATER.
4. A SALE TO THE STATE OF CALIFORNIA FOR GENERAL AND SPECIAL TAXES AND
SUBSEQ UENT DELINOLIE NCIES FOR THE
FISCAL YEAR: 1984-1985
TAXING AUTHORITY: STATE OF CALIFORNIA
AMOUNT TO-PAY PRIOR TO: JULY, $3,088.28
THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PRO-
VISIONS OF CHAPTER 498, STATUTES OF 1983 OF THE STATE OF CALIFORNIA.
.6. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO
AS SHOWN OR AS OFFERED FOR DEDICATION ON THE RECORDED MAP SHOWN
BELOW.
MAP OF: 6905
RECORDED: APRIL 21, 1971
EASEMENT
PURPOSE: INCIDENTAL PURPOSES
AFFECTS: WITHIN THE SOUTHEASTERLY 10 FEET
7. COVENANTS, CONDITIONS AND RESTRICTIONS (DELETING THEREFROM ANY
RESTRICTIONS BASED ON RACE, COLOR OR CREED) AS SET FORTH IN THE DOCU-
MENT
RECORDED: MAY 6, 1971 AS FILE NO. 93263 OF OFFICIAL
RECORDS
SAtD COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION
THEREOF SHALL NOT DEFEAT THE LIEN OF ANY MORTGAGE OR DEED OF TRUST
•MADE IN GOOD FAITH AND FOR VALUE.
8. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO
AS SET FORTH IN A DOCUMENT
GRANTED To: SAN DIEGO GAS AND ELECTRIC COMPANY
PURPOSE: FOR THE CONSTRUCTION AND MAINTENANCE OF AN
UNDERGROUND ELECTRICAL DISTRIBUTION SYSTEM,
TOGETHER WITH NECESSARY ABOVE GROUND FACILITIES
AND STRUCTURES AS THEY WILL EXIST ON OR BEFORE
MARCH 31, 1983
RECORDED: APRIL 21, 1982 AS FILE/PAGE NO. 82-112665 OF
OFFICIAL RECORDS
AFFECTS: THE -LOCATION OF SAID EASEMENT IS DESCRIBED AS
FOLLOWS:
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 FACILITY INSTALLED
WITHIN SAID PROPERTY.
SAID DEED RECITES: "GRANTOR COVENANTS FOR HIMSELF, HIS SUCCESSORS
AND ASSIGNS, NOT TO PLACE OR MAINTAIN ANY BUILDING OR STRUCTURE ON
SAID EASEMENT."
REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS.
SCHEE 8 PAGE NO. 2 OR40 NO. 80233-05
AN ASSIGNMENT OF THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST
WHICH NAMES
AS ASSIGNEE: NAZEAH ALADRAY AND JOSEPHINE ALADRAY, TRUSTEES
UNDER THAT CERTAIN DECLARATION OF TRUST DATED
- SEPTEMBER 9, 1980, AS TO AN UNDIVIDED 1/4
INTEREST
RECORDED: SEPTEMBER 9, 1980 AS FILE/PAGE NO. 80-368725
OF OFFICIAL RECORDS
8. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
DATED: DECEMBER 17, 1981
BY AND BETWEEN: LEUCADIA COUNTY WATER DISTRICT AND SAN DIEGO LAND
CORPORATION
REGARDING: AGREEMENT BETWEEN LEUCADIA COUNTY WATER DISTRICT
AND PROPERTY OWNER REGARDING LIMITED AVAILABILITY
OF SEWER SERVICE
RECORDED: DECEMBER 31, 1981 AS FILE/PAGE NO. 81-409854 OF
OFFICIAL RECORDS
9. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW,
AND ANY OTHER OBLIGATIONS SECURED THEREBY:
AMOUNT: $55,000.00
DATED: JUNE 9, 1982
TRU5TOR: CARLSBAD REALTY INVESTMENTS LIMITED, A NEVADA
CORPORATION
TRUSTEE: STE4RT TITLE OF CALIFORNIA, A CALIFORNIA COR-
PORATION
BENEFICIARY: COSTA LTD., A CALIFORNIA LIMITED PARTNERSHIP
RECORDED: JUNE 11, 1982 AS FILE/PAGE NO. 82-180941 OF
OFFICIAL RECORDS
10. 'AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
DATED: NOVEMBER 24, 1982
BY AND BETWEEN: CARLSBAD REALTY INVESTMENTS LIMITED AND THE CITY
OF CARLSBAD, A MUNICIPAL CORPORATION OF THE STATE
OF CALIFORNIA
REGARDING: PAYMENT OF A PUBLIC FACILITIES FEE
RECORDED: JANUARY 3, 1983 AS FILE/PAGE NO. 83-000725 OF
OFFICIAL RECORDS
11. A CLAIM OF MECHANIC'S LIEN
AMOUNT: $5,001.06
CLAIMANT: CARLSBAD REALTY INVESTMENTS, LTD.
RECORDED: FEBRUARY 5, 1985 AS FILE/PAGE N.O. 85-039216 OF
OFFICIAL RECORDS
THE FOLLOWING ITEMS AFFECT LOT 408:
I. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE
LEVIED FOR THE FISCAL YEAR 1985 - 1986 WHICH ARE A LIEN NOT YET
PAYA3LE.
2. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY
ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 1984 - 1985.
0 1
- SCH$.E B PAGE NO. 4 OR• NO. 80233-05
AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS
DATED: JULY 15, 1983
BY AND BETWEEN: LA COSTA MEADOW REALTY INVESTMENTS CORPORATION, A
CORPORATION AND THE CITY OF CARLSBAD, A MUNICIPAL
- CORPORATION
REGARDING: THE TERMS, COVENANTS, AND CONDITIONS CONTAINED
THEREIN
RECORDED: AUGUST 17, 1983 AS FILE/PAGE NO. 83-289362 OF
OFFICIAL RECORDS
PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW FOR PRORATION PURPOSES
AFD THE AMOUNTS ARE:
FISCAL YEAR 1984 - 1985
1ST INSTALLMENT: $1,592.15 OPEN (DELINQUENT)
2ND INSTALLMENT: $1,592.15 OPEN (DELINQUENT)
EXEMPTION: $NONE
LAND: $280,500
IMPROVEMENTS: $NONE
PERSONAL PROPERTY: $NONE
CODE AREA: 09064
ASSESSORS NO: 215-330-03
•1
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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
Parcel No. '2 J5—.33t2 0-3
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this day of , 19
by and between JNVI rI1,t..J7-3 , i_rJJ. -
(Name of Developer-Owner)
a_, hereinafter referred to as "Developer"
(Corporation, Partnership, etc.)
whose address is 1J&75 1,?f9IeTHllg£ZNiNI'. /2-/a /Ve11/7t'rt&14€i, *
(Street) (City, State, Zip Code) 42 10
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.
WITNESSETH:
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:
REV 3-1-88
ctECV7)
. - 0
6 'jié5 ''cce
on said Property, which development carries the proposed name of_____________
Be LLrt cL
and is hereinafter referred as "Development"; and
WHEREAS, Developer filed on the 3i'7 day of ,
with the City a request for e hiaJ9 Ow d- 4/;4r-
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 July 28, 1987, 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
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.
REV 3-1-88 2
0
. I
NOW THEREFORE, in consideration of the recitals 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 3.5% 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 of existing building or structures into
condominiums in an amount not to exceed 3.5% 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 of use" as used in this agreement, except
in reference to mobile home 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 of occupancy
for which the development is intended. Developer shall pay the City a public
facilities fee in the sum of $1,150 for each mobile home 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.
REV 3-1-88
3
. S .
6. All obligations hereunder shall terminate in the event the Requests
made by Developers 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 by 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 attention of the City Manager, postage prepaid and certified.
7.2 If notice 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 ensure to the benefit
of, and shall apply to the respective successors and assigns of Developer and
the City, and references to Developer City herein shall be deemed to be
references 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.
REV 3-1-88 5
S S
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California
as of the date first written above.
DEVELOPER-OWNER:
M,SADER INVESTMENTS, LJ,D.
(name)
By:
A. Ghá remani
Secretary
(Title)
By:
CITY OF CARLSBAD, a municipal
corporation of the State of
California
By:
MARTIN ORENYAK
For City Manager
(Title)
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.
STATE OF CALIFORNIA
COUNTY OF 0 } ss.
On this _2 _day of h11itA./ 19_
jX9 beforQ methe undersignd, •ttached.)
a Notary Public in and for said County and State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
Eresi4eR -and-
Secretary of the corporation that executed the within instrument,
S
and known to me to be the persons who executed the within OFFICIAL SEAL
instrument on behalf of the corporation therein named, and LYNDA LOWE
acknowledged to me that such corporation executed the same, T. NOTARY PUBLIC- CALIFORNIA
pursuant to its by laws, or a resolution of its Board of Directors. ORANGE COUNTY
' COMMISSION EXP. DEC. 10.1 92
WITNESS my hand and official seal. _
Notary signature (This area for official seal)
.
S
EXHIBIT wAw
LEGAL DESCRIPTION
Lot 410 of LA COSTA MEADOWS UNIT NO. 2, in the City of Carlsbad,
County of San Diego, State of California, according to Map thereof
No. 6905, filed in the office of the County Recorder of San Diego County,
April 21, 1971.
REV 3-1-88
7
C
August 11, 1992
Alex Ghahremani
Masader Investments Ltd.
17780 Fitch, #140
Irvine, CA 92715
CT 89-30 MASADER I
CT 89-31 MASADER II
The City is in receipt of your request for two tentative map extensions. City
staff has begun processing the extensions since the maps have not been finaled
to date.
Our process includes a review by City Staff of the approved tentative map and
conditions of approval. In order to grant your request the existing conditions
may need to be modified to meet present standards and requirements.
Enclosed are two Agreements for Waiver of Prohibition Aginst the
Imposition of Conditions which allow City Staff to make the necessary
changes. Please sign the agreements and obtain the proper notarizations and
return the executed agreements to my attention.
The extensions will go before the Planning Commission for approval. A copy
of the Staff Reports and revised conditions of approval will be provided to you
before the hearing date.
Sincerely,
ao-~- Qe'a~
CAROLYN WEAVER
Engineering Technician II
CW:rz
Attachments
2075 Las Palmas Dr. • Carlsbad, CA 9200915760 (619) 438-1161 • FAX (619) 438-0894
I
AGREEMENT FOR WAIVER OF PROHIBITION
AGAINST THE IMPOSITION OF CONDITIONS
UPON THE APPROVAL OF AN EXTENSION OF
A TENTATIVE SUBDIVISION MAP
This Agreement is made this day of_________
19 between the City of Carlsbad, a municipal corporation,
(hereinafter called "City") and Masader Investments Limited, a
Nevada Corporation (hereinafter called "Subdivider").
RECITALS
1. Government Code Section 66452.6(e) and Carlsbad Municipal Code
Sections 20.12.110 and 20.24.180 permit Subdividers to request
and City to approve, conditionally approve or deny extensions
of time for the expiration of tentative maps or tentative
parcel maps (hereinafter collectively called "Tentative
Subdivision Maps").
2. El Patio v. Permanent Rent Control Board, 110 Cal. App. 3d
915, modified 111 Cal. App. 3d 788 (1980) indicates that the
Government Code (Subdivision Map Act) may not authorize City
to impose new conditions; i.e., those which were not imposed
on the tentative subdivision map, upon the extension of time
for expiration of a tentative subdivision map, but also held
that the City does have discretion to approve or deny such
extensions.
3. Government Code Section 66452.6(d) and Carlsbad Municipal Code
Section 20.12.100(d) and 20.24.160 provide that expiration of
a tentative subdivision map shall terminate all proceedings
and that no final map or parcel map for any property covered
AgreementsAG-39. FRI1 1 7/3/91
I 0
by the tentative subdivision map shall be filed without first
processiflg...a new tentative subdivision map.
4. Subdivider has requested City to approve the extension of time
for Tentative Subdivision Map No. CT 89-31 which was initially
approved on July 9, 1990.
5. Since the approval of said Tentative Subdivision Map, City has
conducted studies which show that the construction of certain
drainage facilities or thoroughfares are essential to protect
and provide for the health, welfare, and safety of all of the
present and future residents of City, including those who will
reside in said subdivision.
6. Since the approval of said Tentative Subdivision Map, City has
adopted a major drainage fee or major thoroughfare fee or both
to provide the funds to construct the necessary drainage
facilities and thoroughfares.
7. Since the approval of the Tentative Subdivision Map, City has
conducted studies which show the need to establish a public
facilities fee in order to provide for public facilities to
protect the public health, safety and welfare of the present
and future residents of City and to ensure that public
facilities to serve the development will be available
concurrent with need as required by City's General Plan.
Developer agrees to pay said fees and has executed a contract
which is on file with the City Clerk to that effect.
8. Because the original approval of said Tentative Subdivision
Map occurred prior to the adoption of the aforementioned fees,
City did not condition the approval of said Tentative
A9reementsAG-39.FRN 2 7/3/91
ci
S .
Subdivision Map with the payment of said fees.
9. Since the initial approval of said Tentative Subdivision Map
there may have been changed circumstances which require
additional conditions of approval on the extension of the
Tentative Subdivision Map to protect the public health, safety
and welfare, to mitigate affects on the environment or to
ensure consistency of the extended map with the City's General
Plan and Municipal Code.
10 City arguably may not, without the voluntary consent of
Subdivider, impose upon the extension of said Tentative
Subdivision Map conditions requiring payment of the fees
mentioned above or conditions necessary to protect the public
health, safety or welfare, or the environment or ensure
consistency with the General Plan or Municipal Code.
11. Without such voluntary consent of Subdivider to the imposition
of conditions City may be required to deny Subdivider's
request for extension to ensure that the public health, safety
and welfare, or the environment are protected or that the
General Plan or Municipal Code requirements are satisfied.
Approval of the extension of said Tentative Subdivision Map
without assurances that the fees mentioned above would be paid
for said subdivision would be contrary to the best interests
of the City and would threaten the City's ability to protect
and provide for the public health, safety and welfare.
Subdivider agrees that it is in the best interest of City and
Subdivider that City be able to protect the public health,
safety and welfare, or the environment or ensure consistency
with the General Plan or Municipal Code by the imposition of
A9reeuents\AG-39.FRM 3 7/3/91
S S
conditions on the extension of tentative subdivision maps.
12. Subdivider_ realizes that denial of the requested extension
could result in the expiration of the tentative subdivision
map. Subdivider would then be required to incur substantial
costs and time delays in processing a new tentative
subdivision map approval of which would be subject to new
conditions necessary to ensure consistency of the tentative
subdivision map with the Subdivision Map Act, the California
Environmental Quality Act, Titles 19, 20 and 21 of the
Carlsbad Municipal Code, the City's General Plan and to
protect the public health, safety and welfare.
13. City has reviewed the Subdivider's request for an extension of
time for said ±entative subdivision map and finds that
granting the request subject to certain conditions will not be
contrary to the public health, safety and welfare.
NOW, THEREFORE, in consideration of the recitals and of the
mutual covenants set forth herein, City and Subdivider agree as
follows:
1. City agrees to extend Subdivider's Tentative Subdivision
Map for one year subject to whatever new or revised conditions the
City in its sole discretion deem appropriate.
2. Subdivider knowingly and voluntarily waives any and all
right to the unconditioned extension of Tentative Subdivision Map
No. CT 89-31.
3. Subdivider knowing and voluntarily consents to the
imposition of a condition of approval of the extension of Tentative
Subdivision Map No. CT 89-31 which requires payment of any fees
which may be in effect at the time of approval of the final
Agre€mentsAG-39.FRN 4 7/3/91
S S
subdivision map for said subdivision or any portion thereof and to
the following additional conditions:
A. This approval is expressly conditioned on the payment by
the applicant of a public facilities fee as required by
City Council Policy No. 17, issued and effective on April
22, 1986, on file with the City Clerk and incorporated
herein by reference, and according to the agreement
executed by the applicant for payment of said fee. If
said fee is not paid as promised, this application will
not be consistent with the General Plan and the project
cannot proceed and this approval shall be void.
B. This approval is expressly conditioned upon the
subdivider's compliance with any growth management system
in effect at the time the final map is filed. Subdivider
shall also pay or agree to pay (as decided by the City
Council) all fees identified by the City Council as
necessary to pay for the cost of providing facilities and
improvements which are imposed pursuant to the growth
management system or any other applicable laws.
4. The provisions of Carlsbad Municipal Code Section
20.12.110 and 20.24.180, as appropriate, shall govern extension of
the map which is the subject of this agreement.
5. If this agreement is for an extension of a tentative
subdivision map for a minor subdivision, the appeal of the City
Engineer's approval, or conditional approval, of the extension by
any party shall void this agreement unless the agreement is
subsequently approved by the City Council.
6. Any action by Subdivider to challenge the legality of
A9reementsAG-39. FRN 5 7/3/91
S .
this agreement or any failure by Subdivider to pay the fees and
comply with any other conditions applicable to the extension shall
void the approval of such extension. The map shall not final and
the development shall not proceed until a new tentative subdivision
map has been approved.
SUBDIVIDER
Masader Investments, Ltd.,
A Nevada Corporation
By:
- B. Arnirvand, President
CITY OF CARLSBAD, a municipal
corporation
BY:
MAYOR
By:
Akbar Ghahremani, Secretary
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
Notarial acknowledgement of execution by subdivider must be
attached. Affix corporate seal if appropriate.
Agreements\AG-39. FR11
6
7/3/91
PLEASE NOTE:
Time limits on the processing of discretionary projects established by state law
do not start until a project application is deemed complete by the City. The
City has 30 calendar days from the date of application, submittal to determine
whether an application is complete or incomplete. Within 30 days of submittal
of this application you will receive a letter stating whether this application
is complete or incomplete. If it is incomplete, the letter will state what is
needed to make this application complete. When the application is complete, the
processing period will start upon the date of the completion letter.
(
Applicant Signature:
Staff Signature:
)
Date: A%1C, 1 1
To be stapled with receipt to application
Copy for file
.
.
ACCOUNT NO. DESCRIPTION AMOUNT
TI1CCgq___ j1j/
(IfiCC______fJ _ (I,/ _• 60O-
-
_ 7 IM3VWV/ k WW.
Mist
-, / p'
Q) O1 Ui vi
RECEIPT NO. 97366 TOTAL
I
LIN
0-
CITY OF CARLSBAD
• 1200 ELM . NUE CARLSBAD, CALIFOk, 92008
438-5621
REC'D FROM ))1)a(( 4/DATE O [I
CITY OF CARLSBAD
1200 ELM ENIJE CARLSBAD, CAUFO 1A 92008
438-5621
RECD FROM DATE/
ACCOUNT NO. DESCRIPTION AMOUNT
/1 / )(7 .± -
RECEIPT NO. 97413 TOTAL /'\ \