HomeMy WebLinkAboutCT 89-35; VISTA SAN MALO; Tentative Map (CT)CITY OF CARLSBAD -.
LAND USE REVIEW APPLICATION FORM PAGE 1 OF 2
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(For Dept. / -'i'' (For DeDt. Use Only) __ Use Only)
Master Plan ........ ....... General Plan Amendment......
_________ Site Development Plan....... Specific Plan ..... ..........
EPrecise Development Plan... Zone Change.................
_________ Conditional Use Permit...... Tentative Tract Map. .1.4.......
Planned Development Permit Hillside Development Permit.
Non-Residential Planned Environmental Impact'
Development Permit ........ . Assessment.................
Condominium Permit ......... ..________
Special Use Permit ......... ..________
Redevelopment Permit ....... ._________
clip; • -' i•
MilU
.- .
1-1 Variance....................
Planned Industrial Permit...
9-Coastal Development Permit.,.
Planning Commission Deter...
2) LOCATION OF PROJECT: ON THE I G wSIDE OFLTJ 1 Gfl 7
(NORTH, SOUTH, EAST, WEST) (NAME OF STREET)
BETWEEN ~1~ JANDJ
(NAME OF STREET) (NAME OF STREET)
3) BRIEF LEGAL DESCRIPTION:
4) ASSESSOR PARCEL NO(S),I
5) LOCAL FACILITIES J 6) EXISTING GENERAL[J.1Y 7) PROPOSED GENERAL
MANAGEMENT ZONE PLAN DESIGNATION PLAN DESIGNATION
8) EXISTING ZONING{.( 4JL4 9) PROPOSED ZONING M IC 7 10) GROSS SITE
ACREAGE
11) PROPOSED NUMBER OF 1- 12) PROPOSED NUMBER 13) TYPE OF
RESIDENTIAL UNITS OF LOTS SUBDIVISION
(RESIDENTIAL
14) NUMBER OF EXISTING RESIDENTIAL UNITS
COMMERCIAL
INDUSTIRAL)
15) PROPOSED INDUSTRIAL 16) PROPOSED COMMERCIAL
OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE
I-
-1
-I
-I
ARFM0008.DH 4/89
CITY OF CARLSBAD
LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2
1) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 73 19) PROPOSED INCREASE pr IN AVERAGE DAILY
18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS TRAFFIC[Q I 4.
20) PROJECT NAME:
... V1901- _A A4AL-c
22) OWNER 23) APPLICANT
NAME (PRINT OR TYPE)KAf L-11
f 4
SUTT NAME (PRINT OR TYPE) 4t.O44 'iSçCtC
MAILING ADDRESS MAILING ADDRESS o &v /co Ft A i
CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE cm-L~ 912cof) CAIJIS&AD rzeg Mo 1060
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
SIGNATURE DATE
SI T R DATE
THE BiT5ZOWLEDGE .
J -
tv
FOR CITY USE ONLY
FEE COMPUTATION:
APPLICATION TYPE FEE REQUIRED
1 will - ~4_
rill
RECEIVED
OCT26 1989
CITY OF CARLSBAD
DEVELOP, PROC, SERVI DIV.
DATE STAMP APPLICATION RECEIVED
XECEIVED BY:
TOTAL FEE REQUIREDJ /,706,00 1
DATE FEE PAIDI /o,/G/ RECEIPT NO. Q7,c?7 I
ARFM0008.DFI 4/89
DISCLOSURE FORM
APPLICANT: Ray Escano
ame (ndividuaI, partnership, join venture, corporation, syndica
AGENT:
MEMBERS:
800 Grand Ave. Suite A-i, Carlsbad. CA
Business Address
(619) 720-1000
Telephone Number
Lynn V. Maudlin
Name
1857 Tule Court, Carlsbad, CA 92008
Business Address
(619) 438-2110
Telephone Number
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. I/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.
too
BY
6 0
I'
City Engineer
CITY OF CARLSBAD
2075 La Palmas Dr.
Carlsbad, CA 92009-4859
PROPOSED TENTATIVE MAP NO.______________
I (We), the undersigned owner(s), do hereby state that
of the Subdivision Map Act and I (we) will makethe np.t-
therein. f
'DATE '
(we) have read Section 66427.1
ca tions to the tenants required
X5 &1 0
DATE -- OWNER
66427.1 EstabLishes requirements for notice to tenants and right of tenants to excttive contract for purchase in
condo.ina community apartment or stock cooperative projects.
The legislative body shalt not approve a final map for a subdivision to be created from the conversion of residential
real property into a condominium project, a community apartment project, or a stock cooperative project unless it finds all of the following:
(a) Each of the tenants of the proposed condominium, community apartment project or stock cooperative project has
received, pursuant to Section 66452.9 written notification of intention to convert at Least 60 days prior to the filing of
a tentative map pursuant to Section 66452. There shalt be a further finding that each such tenant, and each person applying
for the rental of a unit in such residential real property, has, or will have, received all applicable notices and rights now
or hereafter required by this chapter or Chapter 3 (commencing with Section 64451). In addition, a finding shalt be made that
each tenant has received 10 days written notification that an application for a public report will be, or has been, submitted
to the Department of Real Estate, and the such report will be available on request. The written notices to tenants required
by this subdivision shall be deemed satisfied if such notices comply with the Legal requirements for service by mail.
(b) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project
has been, or wilt be, given written notification within 10 days of approval of a final map for the proposed conversion.
(c) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project
has been or will be, given 180 days written notice of intention to convert prior to the termination of tenancy due to the
conversion or proposed conversion. The provisions of this subdivision shall not alter or abridge the rights or obligations
of the parties in performance of their covenants; including, but not Limited to, the provision of services, payments of rent
or the obligations imposed by Sections .1941, 1941.1, and 1941.2 of the Civil Code.
(d) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project
has been or will be, given notice of an exclusive right to contract for the purchase of his or her respective unit upon the
same terms and conditions that such unit wilt be initially offered to the general public or terms more favorable to the
tenant. The right shalt run for a period of not Less than 90 days from the date of issuance of the subdivision public report
pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his or her
intention not to exercise the right.
(e) This section shall not diminish, Limit or expand, other than as provided herein, the authority of any city,
county, or city and county to approve or disapprove condominium projects.
(Amended, Chapter 1128, Statutes of 19801
Ef
r~-41 IT" (~
0 O
STATEMENT OF AGREEMENT
TENTATIVE SUBDIVISION MAP
CITY OF CARLSBAD
The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty
(50) day time restriction on Planning Commission processing of Tentative
Maps and a thirty (30) day time limit for City Council action. These time
limits can only be extended by the mutual concurrence of the applicant
and the City. By accepting applications for Tentative Maps concurrently
with applications for other approvals which are prerequisites to the map;
i.e.,t' Environmental Assessment, EnvironmptaL1rnpact Report,_ Condominium
Plan, Planned Unit Development, ec.,hefifty(50) day time limits and! - -,. ' •f_. are often exceededi If you wish to have
your application processed concurrently, this agreement must be signed
by the applicant or his agent. If you choose not to sign the statement,
the City will not accept your application for the Tentative Map until all
prior necessary entitlements have been processed and approved.
The undersigned understands that the processing time required by the
City may exceed the time limits, therefore the undersigned agrees to extend
the time limits for Planning Commission and City Council action and fully
concurs with any extensions of time up to one year from the date the
application was accpted as complete to properly review all of the applications.
97/7
re Date'
a41 CIS A
Name (Print)
Relationship to Application
(Property Owner-Agent)
FORM: PLANNING 37. REVISED 3/80
0 CITY OF CARLSBAD
GROWTh MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
(To be Submitted with Development Application)
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO.: VISTA SAN MATfl (CT R9-5/PTff) 59-17)
LOCAL FACILITY MANAGEMENT ZONE:_1 GENERAL PLAN: PT .M
ZONING: P1 -70{)
DEVELOPER'S NAME_PAY PSCAN(T)
ADDRESS: RO() GRAND AVPNTIF, STT1TR Al
PHONE NO.: 790-1000 ASSESSOR'S PARCEL NO.: 155-160-12
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 121 AC
ESTIMATED COMPLETION DATE:
A. City Administrative Facilities: Demand in Square Footage = 14826
B. Library: Demand in Square Footage =
C. Wastewater Treatment Capacity (Calculate with J. Sewer)
D. Park: Demand in Acreage =
E. Drainage: Demand in CFS =
Identify Drainage Basin =
(Identify master plan facilities on site plan)
F. Circulation: Demand in ADTs =
(Identify Trip Distribution on site plan)
G. Fire: Served by Fire Station No.
H. Open Space: Acreage Provided -
1. Schools:
(Demands to be determined by staff)
J. Sewer: Demand in EDUs -
Identify Sub Basin -
(Identify trunk line(s) impacted on site plan)
K. Water: Demand in GPD -
L. The project is .1 units ABOVE the Growth Management Dwelling unit allowance. 0
0 CITY OF CARLSBAD 40
APPLICATION RFIWITRFMFNTS FOR
ATE'NTATIVE TRACT MAPS - - - - C T -
TENTATIVE PARCEL MAPS ij,{')
CONDOMINIUM PERMITS
v'PLANNED DEVELOPMENT PERMITS J/s -j-/q. ,sq, /1,LO
The following materials shall be submitted for each application.
1.__Ei_qht jcj pies of the tentative map/condominium site plan prepared on
a 24" x 36" sheet(s) and folded into 8J x ii" size. Fifteen copies
of the tentative tract map/condominium site plan shall be submitted
by the applicant upon request of the project planner prior to project
approval. Each tentative map shall contain the following
information:
I. General Information:
A. Name and address of owner whose property is proposed to be
/ subdivided and the name and address of the subdivider;
V B. Name and address of registered civil engineer, licensed
surveyor, landscape architect or land planner who prepared the
maps;
C. North point;
D. Scale; vicinity map;
E. Date of preparation;
F. Classification of lots as to intended residential, commercial,
v-
industrial or other uses;
G. Tentative Map number in upper right hand corner (City to
/6 provide number at time of application.)
H. Number of units to be constructed when a condominium or
2/— community apartment project is involved;
I. Name of sewer and water district providing service to the
' project.
V J. Average Daily Traffic generated by the project broken down by
separate uses.
II. Site Information:
A. General
1) Approximate location of existing and proposed buildings
and permanent structures;
2) Location of all major vegetation, showing size and type;
3) Location of railroads;
L7 4) Legal description of the exterior boundaries of the
subdivision (approximate bearings, distances and curve
data);
Ilk? 5) Lot lines and approximate dimensions and number of each
lot;
- B. Streets and Utilities
1) The location, width and proposed names of all streets
within and adjacent to the proposed subdivision, show
proposed street grades and centerline radii. Provide
separate profile for all streets with grades in excess
of 7%. Streets should be in conformance with City
Standards and Engineering Department Policies.
(Especially Policy Numbers 1 and 22)
ARFRM0003A.DH 7/89
• . L 2) Name, location and width of existing adjacent streets
-. - and alleys.
LI 3) Typical street section for all adjacent streets and 1 - streets within the project.
I LI 4) Width and location of all existing or proposed public - or private easements;
1 LI 5) Public and private streets and utilities clearly
L - identified.
LI 6) Show distance between all intersections and medium and - high use driveways.
LI 7) Clearly show parking stall and isle dimensions and truck
turning radii for all parking areas.
LI 8) Show access points to adjacent undeveloped lands.
LI 9) Show all existing and proposed street lights and
utilities (sewer, water, major gas and fuel lines, major
electric and telephone facilities) within and adjacent - to the project.
LI 10) Show all fire hydrants located within 300 feet of the
site.
C. Grading and Drainage
L../ 1) Approximate contours at 1' intervals for slopes less than
5%, 2' intervals for slopes between 5% and 10%, and 5'
intervals for slopes over 10% (both existing and
proposed). Existing and proposed topographic contours
within a 100 foot perimeter of the boundaries of the
site. Existing onsite trees; those to be removed and
those to be saved;
LI 2) Earthwork volumes: cut, fill, import and export.
LI 3) Spot elevations at the corners of each pad.
Li 4) Method of draining each lot. Include a typical cross
section taken parallel to the frontage for lots with less - than standard frontage.
LI 5) Location, width and/or size of all watercourses and
drainage facilities within and adjacent to the proposed
subdivision; show location and approximate size of any - proposed detention/retention basins.
Li 6) Clearly show and label the 100 year flood line for the
before and after conditions for any project which is
within or adjacent to a FEMA flood plain.
One (1) copy of 8 1/2" x 11" site plan.
3. One (1) copy of 8 1/2" x 11" location map (suggested scale 200" - vicinity maps on the site plan are not acceptable).
Y/. 4. IL Environmental Impact Assessment Form (Separate fee required).
Required for tentative parcel maps only where significant grading
is proposed. Check with Planning staff to determine if required for
L4J 5.
your application.
P duty Agreement: Two (2) copies: One (1) notarized -
6.
origina nd one (1) reproduced copy.
isc osure Statement. (Not required for tentative parcel maps.)
ARFRM0003A.DH 7/89 0
I
L< Property Owner's List and Address Labels
V' A typewritten list of names and
owners and occupants within the
subject property as follows:
.
addresses of all property
specified radius from the
• Within a 600 foot radius for all tentative tract maps.
• Within a 600 foot radius for all tentative parcel maps
with concurrent site development plan applications.
• Within a 300 foot radius for all other tentative parcel
map, condominium permit or planned development permit
applications.
In addition for all condominium conversion projects, include
a list of names and addresses for all tenants.
For all project applications, include on the list the name and
address of the applicant and/or owners. The list shall include
the San Diego County Assessor's parcel number from the latest
assessment rolls.
Two separate sets (three for tentative parcel maps with
concurrent site development plan applications) of mailing
labels for all property owners, tenants, applicant and/or owner
as required above. For any address other than single family
residences the 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.
8. 600 Foot Radius Map (300 foot for tentative parcel maps without
associated site development plans applications)
A map to scale not less than 1" = 200' showing each lot within 600
feet (300 feet) of the exterior boundaries of the subject property.
Each of these lots shall be consecutively numbered and correspond
with the property owner's list. The scale of the map may be reduced
to a scale acceptable to the Planning Director if the required scale
is impractical.
-7 9. Preliminary Hydrology map and calculations for lots exceeding one
acre. Show before and after discharges to each included drainage
basin.
VL/ 10. Two (2) copies of the Preliminary Title Report (current within the
last six (6) months). j/4-711. Proof of availability of sewer if located in the Leucadia County
__-
Water District or the San Marcos Water District.
12. A letter from the appropriate water district indicating that
compliance with the Growth Management Performance Standard will be
maintained with the proposed development.
1 . Colored Site Plan and Elevation Plan (Not required with first
submittal and not required for tentative parcel maps). 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. Do not mount exhibits.
ARFRN0003A.DH 7/89
5. Intermittent drainage course
6. 25 - 40% slopes
7. Slopes 40% and above
8. Major rock outcroppings
9. Easements
10. Floodplains
11. Archaeological sites
12. Special planning areas
13. Biological Habitats.
For projects with an average
greater than 500 vehicles per
daily traffic (AOl) generation rate
day:
4 L7 1 ~4
L/42 15 .
LL LL LL LL
. I
Statement of agreement to waive tentative tract map time limits.
Required for tentative maps only when project requires concurrent
processing of planning application, or environmental review.
Constraints Map (24" x 36") folded to 8 1/2" x 11" shall include
the following information: (Note: This information is not required
for previously graded sites and the conversion of existing
structures.)
1. Major ridge lines
2. Distant views
3. Internal views
4. Riparian woodlands
LI LI
LI
LL
LI LI LI LI
6.
J4 17 .
18.
19.
//Vol/o- 20.
Two (2) copies of a Circulation Impact Analysis for the
project. The analysis must be prepared by an appropriate
registered Engineer. The analysis must show project impacts
to all intersections and road segments identified as impacted
within the included Local Facilities Management Plan. The
following should be included with the study:
a) 8 1/2" x 11" or 8 1/2" x 14" plats showing zone
impacted roads, background and project AM and PM
peak hour impacts and traffic distribution.
b) Project traffic generation rates
c) Necessary calculations and or analysis to determine
intersection and road segment levels of service.
d) Any proposed mitigation requirements to maintain
the public facility standards.
Two copies of preliminary soils/geologic report for all project with
cut or fill depths exceeding 5 feet.
For all condominium conversions, a signed statement by the owner
stating Section 66427.1 of the State Map Act will be complied with.
For all condominium conversions, a letter from San Diego Gas and
Electric company stating that plans to convert the gas and electric
system to separate systems have been submitted and are acceptable.
For all condominium conversions, one copy of a compliance inspection
performed by the Building Department. (Separate fee required).
ARFRM0003A.DH 7/89
-7 -- L4L 21. For all condominium and planned development projects eight (8) copies
of preliminary landscape plan (four (4) copies for projects with
four of fewer units) on a 24" x 36" sheet(s) folded to 8 1/2" x 11"
size. Fifteen (15) copies of the landscape plans shall be submitted
by the applicant upon request of the project planner prior to
approval of the project.
- Each landscape plan shall include the following information:
a. Landscape zones per the City of Carlsbad Landscape Guidelines
Manual.
b. Typical plant species and their size for each planting zone.
LJ C. An estimate of the yearly amount of irrigation (supplemental)
water required to maintain each zone. -
d. Landscape maintenance responsibility (private or common) for
- all areas.
e. Percent of site used for landscaping.
/LT 22. For all condominium and planned development projects, eight (8)
V copies of the building elevations and floor plans (four (4) copies
for projects with 4 or fewer units) on a 24" x 36" sheet(s) folded
to 8 1/2" x 11" size. Fifteen (15) copies of the building elevations
and floor plans shall be submitted by the applicant upon request of
the project planner prior to project approval. Each building
- elevation and floor plan shall include the following information:
LL a. Floor plans with square footage included.
LL b. Location and size of storage areas.
C. All buildings, structures, walls and/or fences, signs and
exterior lights.
ARFRN0003A. DH 7/89
I
Issuing Office: CHICAGO Title Company
1301 Third Ave.
San Diego, California 92101
619) 232-4031
MARA ESCROW
701 Palomar Airport Road
Suite 130 FAX: (619)235-7279
Carlsbad, California
Your Ref: 2-2915-MD
ATTN; Maureen Order Ref: ESCANO, RAYMOND E.
Order No: 910111 -05
Dated as of August 21, 1989 at 7:30 A.M.
In response to the above referenced application for a policy of title insurance,
CHICAGO 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 printed Exceptions and Exclusions from the coverage of said Policy or Policies
are set forth in Exhibit A 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.
The form of policy of title insurance contemplated by this report is:
Standard Extended
Coverage Coverage
California Land Title Association Standard 1111111 Coverage Policy
American Land Title Association Owner's Policy
A.L.T.A. Residential Title Insurance Policy LII
American Land Title Association Loan Policy F
Other: LII LI]
Title Officer, Jolene Bergevin
V
kmwr g 0
Order No: 910111 -05
• SCHEDULE A 0
1. The estate or interest in the land hereinafter described or referred
to covered by this report is:
A FEE
2. Title to said estate or interest at the date hereof is vested in:
LOS FLORES LTD., a limited partnership
11
3. The land referred to in this report is situated in the State of California,
County of San Diego and is described as follows:
AS DESCRIBED IN EXHIBIT ATTACHED HERETO
Order No: 910111 -05
1 DESCRIPTION
That portion of Tract 4 of LAGUNA MESA TRACTS, in the City of Carlsbad, County of
San Diego, State of California, according to Map thereof No. 1719, filed in the
Office of the County Recorder of San Diego County, June 20, 1921, lying Northerly
of a line drawn parallel with and 300.00 feet Southerly of the Northerly line of
said Tract 4.
ALSO that portion of the East Half of the alley adjoining the above described
property on the West, as closed to public use on January 9, 1941 by Order of the
Board of Supervisors. A certified copy of said order was recorded in Book 1251,
Page 218 of Official Records.
EXCEPTING THEREFROM that portion described as follows:
BEGINNING at a 1 inch iron pipe set for the Northeast corner of said Tract 4;
thence along the Easterly line of said Tract South 00 0 03' 37" East, 269.38 feet to
a point of cusp; thence from a tangent which bears North 00 0 03' 37" West along a
curve to the left with a radius of 50 feet, through an angle of 55 0 10' 54" a
distance of 48.16 feet; thence North 55 0 14' 31" West, 252.86 feet; thence along a
tangent curve to the right with a radius of 78 feet, through an angle of 55° 12'
23", a distance of 75.15 feet to a point of reverse curvature; thence along a
curve to the left with a radius of 20 feet, through an angle of 90 0 , a distance of
31.42 feet to a point of cusp in the North line of said Tract 4; thence along said
North line, North 89 0 57' 50" East, 282.49 feet to the Point of Beginning.
ALSO EXCEPTING THEREFROM that portion described as follows:
BEGINNING at a point in the Easterly line of said Tract 4, a distance thereon
South 00 0 03' 37" East 259.38 feet from the Northeasterly corner thereof, said
Point of Beginning being the beginning of a tangent 50 foot radius curve concave
Southwesterly; thence counter clockwise along said curve 48.16 feet through an
angle of 55° 10' 54'; thence tangent to said curve North 55 0 14' 31" West 63.87
feet; thence South 34° 45' 29" West 131.64 feet to a point in a line which is
parallel with and Southerly 300 feet at right angles from the Northerly line of
said Tract 4; thence North 89 0 57' 50" East along said parallel line 149.05 feet to
the Easterly line of said Tract 4; thence North 00 0 03' 37' West along said
Easterly line 30.62 feet to the Point of Beginning.
AND ALSO EXCEPTING THEREFROM that portion described as follows:
COMMENCING at a point in the Easterly line of said Tract 4, distant thereon South
000 03' 37" East, 269.38 feet from the Northeast corner of said Tract 4, said point
being on the arc of a 50.00 foot radius curve concave Southwesterly, a radial line
of said curve bears North 89 0 56' 23" East to said point; thence Northwesterly
along the arc of said curve through a central angle of 55° 10' 54" a distance of
48.16 feet; thence tangent to said curve North 55° 14' 31" West, 63.87 feet to the
TRUE POINT OF BEGINNING; thence North 55° 14' 31" West, 120.00 feet; thence South
340 45 1 29" West, 100.00 feet; thence North 34° 45' 29' East, 100.00 feet to the
TRUE POINT OF BEGINNING.
(D
Order No: 910111 -05
Page 1
• SCHEDULE B is
At the date hereof exceptions to coverage in addition to the printed
Exceptions and Exclusions in the policy form designated on the face page
of this Report would be as follows:
A 1. Property taxes, including any assessments collected with taxes, to be
levied for the fiscal year 1989-90 which are a lien not yet payable.
B 2. Property taxes, including any personal property taxes and any assessments
collected with taxes, for the fiscal year 1988-89.
1st Installment: $1,007.64 Open (Delinquent)
Penalty: $100.76
2nd Installment: $1,07.64 Open (Delinquent)
Penalty: $110.76
Homeowners
Exemption: $None
Land: $175,630.00
Improvements: $16,725.00
Personal
Property: $None
Code Area: 09000
Parcel No: 155-160-12-00
C 3. The Lien of Supplemental Taxes, if any, assessed pursuant to the
provisions of Senate Bill No. 813 (1983) of the State of California.
p 4. Said property has been declared Tax-Defaulted for non-payment of
delinquent taxes for the fiscal year 1987-1988.
An estimate has been ordered to determine the amount necessary to redeem.
E) 5. Covenants, conditions and restrictions (deleting therefrom any
restrictions based on race, color or creed) as set forth in the document
Recorded: November 20, 1924 in Book 1409, Page 102, 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.
6. The fact that the ownership of said land does not include rights of
access to or from the street or highway abutting said land, such rights
having been severed from said land by the document
Recorded: November 21, 1951 in Book 4927, Page 39 of Official
Records
Affects: The freeway
ot~
Order No: 910111 -05
Page 2 O SCHEDULE B S (continued)
( Said instrument further provides that said land shall abut upon and have
access to a frontage road which will be connected to said freeway at such
points as may be established by public authority.
r 7. A deed of trust to secure an indebtedness in the amount shown below, and
any other obligations secured thereby
Amount: $132,500.00
Dated: April 28, 1981
Trustor: ROBERT W. WILSON,
a married man
Trustee: SOUTHERN CITIES ESCROW COMPANY,
a California corporation
Beneficiary: MARY C. WILSON,
a widow
Recorded: May 15, 1981 as File No. 81-150693, Official
Records
J 8. A deed of trust to secure an indebtedness in the amount shown below, and
any other obligations secured thereby
Recorded:
$125,000.00
May 4, 1987
LAS FLORES, LTD.,
a California limited partnership
TICOR TITLE INSURANCE COMPANY OF CALIFORNIA,
a California corporation
GERALDINE CONKEY,
a widow; and
CHARLES THEEL AND DIANE THEEL,
husband and wife, all as joint tenants
April 8, 1988 as File No. 88-163390, Official
Records
Amount:
Dated:
Trustor:
Trustee:
Beneficiary:
K END OF SCHEDULE B
L NOTE NO: 1
The requirement that there be filed in the Office of the Secretary of
State a certificate of limited partnership in compliance with the
provisions of the "California Revised Limited Partnership Act", Section
15611 et seq, Corporation Code and that a certified copy thereof be
recorded in the Office of the Couty Recorder of this County.
14 NOTE NO. 2: We will require a statement of information from the parties
named below in order to complete this report, based on the affect of
Order No: 910111 -05
Page 3
• SCHEDULE B • (continued)
documents, proceedings, liens, decrees, or other matters which do not
specifically describe said land, but which, if any do exist, may affect
the title or impose liens or encumbrances thereon.
Parties: ROBERT W. WILSON
(Note: The statement of information is necessary to complete the search
and examination of title under this order. Any title search includes
matters that are indexed by name only, and having a completed statement
of information assists the Company in the elimination of certain matters
which appear to involve the parties but in fact affect another party with
the same or similar name. Be assured that the statement of information
is essential and will be kept strictly confidential to this file.)
N st
01
. S
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. 155-160-12
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into us 27 day ofSeptember
19 89 by and between RayEscano
(Name of Developer)
a Horizon Pacific Properties , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is 800 GrandAve. Suite A-i
(Street)
Carlsbad, CA 92008
(City, State, Zip Code)
and Las Flores LTD.
(Name of Legal Owner)
a Limited Partnership , hereinafter referred to as
(Individual, Corporation, etc.)
"Owner" whose address is P.O. Box 1215
(Street)
Carlsbad, CA 92008
(City, State, Zip Code)
AND
the CITY OF CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad,
California, 92008.
REV 7-28-87
. 0 At such time as Owner ceases to have any interest in the Property,
ligations of Owner hereunder shall terminate; provided, however, that if
dE1 successor to the Owner's interest in the Property is a stranger to this
agreement, such successor has first assumed the obligations of owner in writing
in a form acceptable to City.
9. This agreement shall be recorded but shall not create a lien or
security interest in the Property. When the obligations of this agreement have
been satisfied, City shall record a release.
IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
OWNER:
V&7 T.
(Partnership)
'T
ST4TE OF CALIFORNIA
I
SS.
COIJNTYOF San Diego
DEVELOPER:
COMMONWEALTH LAND®
TITLE INSURANCE COMPANY
OnI ucrooer i, ,,
before me, RussellB . Coats _a Notary Public in and for said State,
personally appeared Kay _Suttle,_ The _General Partner
for Los Flores Ltd.
(known to me)
(or proved to me on the basis of satisfactory evidence) to be
The General Partr1Ie partners of the partnership
that executed the within instrument, and acknowledged to me that
such partnership eu the same.
WITNESS my and d official seal.
5ignatur A4 _(/?LV- 4_i•;
I
(Individual)
STATE OF CALIFORNIA
COUNTY OF_SanDiego
On October 3,l989beforeme,_RussellCoats a Notary Public in and for said State,
personally appeared Ray Escano
(known to me)
(or proved to me on the basis of satisfactory evidence) to be the person whose name subscribed to the
within instrument an kiwledged that___________
executed the sam /
WITNESS my/ official seal. OFFICIAL SEAL
RUSSELL B COATS
Signature ' _ Noy Caim
N CEGO COUNTY
My Comm. E. Nov. 23, 1Q
/ttr -i 3-7
Form 3213 (CA 12-82)
(This area for of/iris! notarial seal)
~01
•
.
EXHIBIT "A"
LEGAL DESCRIPTION
That portion of Tract 4 of Laguna Mesa Tracts, in the
City of Carlsbad, County of San Diego, State of California
according to Map thereof No. 1719 more particularly
described in a Preliminary Title Report.
EV)
O •rDIFFERENT/
2075 LAS PALMAS DRIVE
• CARLSBAD, CA 92009.4859 I TELEPHONE /C -!)-'R'l (619) 438-1161
• QJitp of Cartbab
DEVELOPMENT PROCESSING
SERVICES DIVISION
PUBLIC FACILITIES FEE REQUIREMENTS
City Council Policy No. 17 requires that all developers requesting a discretionary
action for a project pay a Public Facilities Fee in the amount of 3.5 percent of the
building valuation. The fee is computed by the Building Department and paid at the
time the Building Permit is obtained. In the case of a condominium conversion, the
fee is calculated on the building valuation at the time the fee is paid and the fee
must be paid prior to obtaining a Final Map on the project.
In addition to the above, ra7Z6mipleited signed, and notarized agreement to -'pay -'the'
rPublicFacilities Fee must be submitted with any application for a discretionary action.
This agreement form should be completed by the Applicant and submitted as follows:
1. Select the appropriate form for either (a) the Developer and Owner are the same
party, or (b) the Developer and Owner are different.
2. Fill in the date the agreement is completed; the name and address of the
Developer, and Owner, if appropriate, and state if each is an individual,
partnership, corporation, etc.
3. Fill in the type of project proposed to be constructed such as, a 12-unit
condiminum or 30,000 square foot shopping center, etc., and the proposed name
(if any).
4. Fill in the date the request will be (or was) submitted and the type of request
such as, a tentative map, condominium permit, or rezoning, etc.
5. Type a short legal description of the property on the last sheet (Exhibit "A").
Legal must be an original. No reproduced copies will be accepted.
6. Sign the form in the presence of a Notary and have the Notary attach an
Acknowledgement of Excution to the form.
a. Include the title of the person signing the form (General Partner,
Vice-President, etc.). If the agreement is signed by a corporate officer, the
Corporate Seal must be stamped by the signature.
b. Be sure the Notary form is the correct type; Individual, Partnership, or
Corporation.
7. Use the attached form as an original. A reproduced copy will not be accepted.
Submit the original of the agreement and one (1) copy.
8. A current copy of the preliminary Title Report must accompany each application.
The preliminary Title Report must have been issued within the last six (6)
months.
9. Attach a check for $34.00, payable to "City of Carlsbad".
=IrX4E'1T 7/87
S
re-,'t-,- Al '
WHEREAS, Owner is the owner of the real property described on
Exhibit "A"; attached to 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 has contracted with Owner to purchase the
Property and proposes a development project as follows: a 4 unite/5 lot
single family planned development
on said Property, which development carries the proposed name of
Vista San Halo Homes
and is hereinafter referred to as "Development"; and
WHEREAS, Developer filed on the 11 day of August , --
1989 , with the City a request for Preliminary review of
a 4 unit! 5 lot single family planned
unit development
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
-2-
11
REV 7-28-87
. I
WHEREAS, Developer and Owner have asked the City to find that
public facilities and services will be available to meet the future needs of the
Development as It is presently proposed; but the Developer and Owner are
aware that the City cannot and will not be able to make any such findings
without financial assistance to pay for such services and facilities; and
therefore, Developer and Owner propose to help satisfy the General Plan as
implemented by Council Policy No. 17 by payment of a public facilities fee.
NOW, THEREFORE, in consideration of the recitals and the convenants
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 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 and Owner 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 21.1 7 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 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 or occupancy for which the development is intended.
REV 7-28-87
-3-
0
•
• Developer and Owner 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.
2. The Developer and Owner may offer to donate a site or sites for
public facilities in lieu of all or part of the financial obligation agreed upon
in Paragraph 1 above. If Developer and Owner offer to donate a site or sites
for public facilities, the City shall consider, but is not obligated to accept the
offer. The time for donation and amount of credit against the fee shall be
determined by City prior to the issuance of any building or other permits.
Such determination, when made, shall become a part of this agreement. Sites
donated under this paragraph shall not include improvements required pursuant
to Titles 18 or 20 of the Carlsbad Municipal Code.
3. This agreement and the fee paid pursuant hereto are required to
ensure the consistency of the Development with the City's General Plan. If
the fee is not paid as provided herein, the City will not have the funds to
provide public facilities and services, and the development will not be
consistent with the General Plan and any approval or permit for the
Development shall be void. No building or other construction permit or
entitlement for use shall be issued until the public facilities fee required by
this agreement is paid.
4. City agrees to deposit the fees paid pursuant to this agreement
in a public facilities fund for the financing of public facilities when the City
Council determines the need exists to provide the facilities and sufficient funds
from the payment of this and similar public facilities fees are available.
-4-
REV 7-28-87
(D
4-1 •
5. City agrees to provide upon request reasonable assurances to
enable Developer and Owner to comply with any requirements of other public
agencies as evidence of adequate public facilities and services sufficient to
accommodate the needs of the Development herein described.
6. All obligations hereunder shall terminate in the event the Requests
made by Developer are not approved.
7. Any notice from one party to the other shall be in writing, and
shall be dated and signed by the party giving such notice or by a duly
authorized representative of such party. Any such notice shall not be effective
for any purpose whatsoever unless served in one of the following manners:
7.1 If notice is given to the City 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 for attention of the City Manager, postage prepaid and certified.
7.2 If notice is given to Developer by personal delivery thereof
to Developer or by depositing the same in the United States Mail, enclosed in
a sealed envelope, addressed to Developer at the address as may have been
designated, postage prepaid and certified.
8. This agreement shall be binding upon and shall ensure to the
benefit of, and shall apply to, the respective successors and assigns of
Developer, Owner and the City, and references to Developer, Owner or City
herein shall be deemed to be 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.
-5-
REV 7-28-87
OAUA
WA1
S Carlsbad
Mun'dipal Water District
5950 El Camino Real, Carlsbad, CA 92008
Engineering: (619) 438-3367
Administration: (619) 438-2722
Fax: (619) 431-1601
October 19, 1989
To: Plan Man
1857 Tule Court
Carlsbad, California 92008
Attn: Lynn Maudin, Architect
Subj: Tuttle Street Culdesac (APN 155-160-12), Letter of Compliance For
Growth Management Performance Standard CMWD Project No. 89-C.319
In response to your letter of October 10, 1989, the District has reviewed your
subject request and have the following corrinents and conditions:
The District has found no problems with the subject project meeting
the Growth Management Performance Standard under the following conditions:
1. The entire water system for subject project be evaluated in de-
tail to insure that adequate capacity for domestic, landscaping
and fire flow demands are met.
2. The Developer's Engineer shall schedule a meeting with the Dis-
trict's Engineer and the City Fire Marshal and review the pre-
liminary water system layout prior to preparation of the water
system improvement plans.
3. The Developer will be responsible for all fees and deposits
plus the major facility drçp which will be collected at time
of issuance of building permit.
We ask that you include the above recommendations as a condition of approval.
Please contact the undersigned if you have any questions.
Very truly yours,
F. ±'S
Engineering Manager
FJW: j cm
cc: Mike Smith, Fire Marshal
Ray Escano
"Serving Carlsbad for over 35 years"
JW.J-V% 9
QUALITY
ORIGINAL (S)
I S
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 inçsiplete, the letter will state what is
needed to make this application cornp,le16./When t,he application is complete, the
processing period will start upon' cmp1er..jon letter.
Applicant Signature: --' 7'CL
Staff Signature:
Date: /CZGX
• To be stapled with receipt to application
• Copy for file
CITY OF CARLSBAD
1200 ELM IdENUE CARLSBAD, CALIFOr'1IA 92008
438-5621
REC'D FROM_IIc L 2 t. elf
DATE
F /
ACCOUNT NO. DESCRIPTION AMOUNT
J/ O,,y,1 i)a7 fl) (e /,Oi)(infl
1)0I00
14')-w 00
c'i/
S30
P , d
+ (I L ( I
7j,cJ I%IY)0/) PF F f''i _______ OO
col /U(0 /U çiti /','// \/ '
RECEIPT NO. 97697 TOTAL If o oo