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HomeMy WebLinkAboutCT 89-38; COSTA PALMAS; Tentative Map (CT)CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (For Dept Use Only) . PAGE 1 OF 2 (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......... Redevelopment Permit....... El Tentative Parcel Map....... El Administrative Variance.... I- -I General Plan Amendment...... Site Development Plan....... Zone Change................. Conditional Use Permit...... Hillside Development Permit. El Environmental Impact Assessment................ Variance.................... Planned Industrial Permit... Coastal Development Permit.. Planning Commission Deter... I- I- -I -I 2) LOCATION OF PROJECT: ON THE NORTH 7 SIDE OF! LUCIERNAGA STREET (NORTH., SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN J CEBU PLACE AND URUBU STREET (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION:f LOTS 396 & 397, LA COSTA MEADOWS, UNIT 2 4) ASSESSOR PARCEL NO(S). 215-330-13, 215-330-14 5) LOCAL FACILITIES I__6 6) EXISTING RMH 7) PROPOSED GENERAL! MANAGEMENT ZONE PLAN DESIGNATION I PLAN DESIGNATION 8) EXISTING ZONINGI RDM 1 9 ) PROPOSED ZONING! SAME 110) GROSS SITE I 1.54 ad. ACREAGE 11) PROPOSED NUMBER OF 12 112) PROPOSED NUMBER! 13 113) TYPE OF I RSDID. I RESIDENTIAL UNITS OF LOTS I SUBDIVISION (RESIDENTIAL 14) NUMBER OF EXISTING RESIDENTIAL UNITS! NONE I COMMERCIAL INDUSTIRAL) 15) PROPOSED INDUSTRIAL I N/A 16) PROPOSED COMMERCIAL J N/A I OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE ARFM0008.DH 4/89 CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 43.5% j 19) PROPOSED INCREASE IN AVERAGE DAILY 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 12 TRAFFIC 120 AD 20) PROJECT NAME: I COSTA PALMAS 21)BRIEF DESCRIPTION OF PROJECT: 1 12 UNIT, ATTACHED MULTIFAMILY DWELLING UNITS. 22) OWNER 23) APPLICANT NAME (PRINT OR TYPE) COSTA PALMAS NAME (PRINT OR TYPE) SAME MAILING ADDRESS MAILING ADDRESS 2856 LUCIERNAGA_STREET CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE CARLSBAD, CA 92009931-1279 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 THE BEST OF MY KNOWLEDGE. SIGNATURE DATE 11/13/89 ************************************************************************************** FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED DATE STAMP APPLICATION RECEIVED RECEIVED BY: TOTAL FEE REQUIRED__________________ DATE FEE PAID i RECEIPT NO. ARFM0008.DH 4/89 .1' I S DISCLOSURE FORM APPLICANT: AGENT: MEMBERS: COSTA PALMAS, LP., a California Limited Partnership Name (individual, partnership, joint Venture, corporation, syndication) 2856 LUCIERNAGA STREET, CARLSBAD, CA 92009 Business Address (619) 931-1279 Telephone Number KIMYON HElM, PRES., KIMYON HElM CO. INC., GENERAL PARTNER Name 2856 LUCIERNAGA STREET, CARLSBAD, CA 92009 Business Address (619) 931-1279 Telephone Number SEE _ATTACHED _SHEET 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. BY GENERAL PARTNER Agent, Owner, Partner * CITY OF CARLSBAD ENGINEERING DEPARTMENT Tentative Map Extension Application Project Id: CT 89-36x Project Name: COSTA PATINAS Location:North Side of Luciernaga Between Urubu andCebu P1. (N/S/E,W) Street Name Street Name Street Name Description: 13 lot, 12 unit Planned Unit Development subdivision APPLICANT osO OWNER Name:Kimyon Heim Name:COSTA PATINAS LP. Company No.:KIMYON HElM COMPANY INC. Address:5431 —H Avenida Encinas Address:5431—H Avenida Encinas City, State, Zip Code:Carlsbad, CA 92008 City, State, Zip Code:Carlsbad, CA 92008 Phone Number:(619) 931 8353 Phone Number: (619) 9318353 Signatur Pres. Signatur — Gne . Prtnr. Current Expiration Date: 8/01/93 FacilityZone: 6 APN: 215-330-13,14 Acreage: 1 .54 Subdivision Type: PUD Number of Lots: 13 No. of D/U's: 12 For City Use Only Master Project ID: Application Status: System Status fL U g. Project Category Yv) pj j Date Assigned Land use Engineer H 'CJ Project Planner rnj (\) OZ •.e OilY OF CARLSBAD t!NCNEERING COUNTER DATE STAMP RECEIVED P:\D0CS\MISF0RMS\FRM00073 REV 5/5,93 .4 . I Property Own er Relationshio to Aooiication (Prop . S STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time restriction on Planning Commission processing of Tentative Maps and a thirty (30) day time limit for City Council action. These time limits can only be extended by the mutual concurrence of the applicant and the City. By accepting applications for Tentative Maps concurrently with applications for other approvals which are prerequisites to the map; i.e., Environmental Assessment, Environmental Impact Report, Condominium Plan, Planned Unit Development, etc., the fifty (50) day time limits and the thirty (30) day time limits are often exceeded. If you wish to have your application processed concurrently, this agreement must be signed by the applicant or his agent. If you choose not to sign the statement, the City will not accept your application for the Tentative Map until all prior necessary entitlements have been processed and approved. The undersigned understands that the processing time required by the City may exceed the time limits, therefore the undersigned agrees to extend the time limits for Planning Commission and City Council action and fully concurs with any extensions of time up to one year from the date the application was accepted as complete to properly review all of the applications. November _13,_1989 Sinature Date Kimyon Helm, President Kimyon Helm Company Inc., General Partner Costa Palmas, LP. Name (Print) FORM: PLANNING 37. REVISED 3/80 . S 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 I (we) have read Section 66427.1 of the Subdivision Map Act and I (we) will make the notifications to the tenants required therein. November _13,_1989 DATE Kimyon Helm, President OWNER simyon Helm company Inc., General Partner DATE Costa Palmas, LP. OWNER 66427.1 Establishes requirements for notice to tenants and right of tenants to exclusive contract for purchase in condoinii.a community apartment or stock cooperative projects. The Legislative body shall 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 shall 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 shalt 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 will 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, comnunity 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 will be initially offered to the general public or terms more favorable to the tenant. The right shall 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 .. CITY OF CARLSBAD APPLICATION REQUIREMENTS FOR TENTATIVE TRACT MAPS TENTATIVE PARCEL MAPS CONDOMINIUM PERMITS PLANNED DEVELOPMENT PERMITS The following materials shall be submitted for each application. 1. Eight copies of the tentative map/condominium site plan prepared on / a 24" x 36" sheet(s) and folded into 8J x 11" 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; B. Name and address of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the C. maps; North point; D. Scale; vicinity map; E. Date of preparation; JL F. Classification of lots as to intended residential, commercial, industrial or other uses; G. Tentative Map number in upper right hand corner (City to provide number at time of application.) H. Number of units to be constructed when a condominium or community apartment project is involved; I. Name of sewer and water district providing service to the project. 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; 4) Legal description of the exterior boundaries of the subdivision (approximate bearings, distances and curve data); 5) Lot lines and approximate dimensions and number of each lot; B. Streets and Utilities J7 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 • . 2) Name, location and width of existing adjacent streets and alleys. 47 3) Typical street section for all adjacent streets and streets within the project. 4) Width and location of all existing or proposed public or private easements; 5) Public and private streets and utilities clearly - identified. 6) Show distance between all intersections and medium and - high use driveways. 7) Clearly show parking stall and isle dimensions and truck - turning radii for all parking areas. 8) Show access points to adjacent undeveloped lands. 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. 10) Show all fire hydrants located within 300 feet of the site. C. Grading and Drainage 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; 2) Earthwork volumes: cut, fill, import and export. 3) Spot elevations at the corners of each pad. 4) Method of draining each lot. Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. 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. 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. 2. One (1) copy of 8 1/2" x 11" site plan. 5L 3. One (1) copy of 8 1/2" x 11" location map (suggested scale 200" - - vicinity maps on the site plan are not acceptable). L..L 4. 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 5. your application. Public Facility Agreement: Two (2) copies: One (1) notarized original and one (1) reproduced copy. 6. Disclosure Statement. (Not required for tentative parcel maps.) ARFRII0003A.DH 7/89 LI . . 7. Property Owner's List and Address Labels A typewritten list of names and addresses of all property owners and occupants within the specified radius from the subject property as follows: 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. 0 8. 600 Foot Radius MaD (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. Preliminary Hydrology map and calculations for lots exceeding one acre. Show before and after discharges to each included drainage basin. Two (2) copies of the Preliminary Title Report (current within the last six (6) months). Proof of availability of sewer if located in the Leucadia County Water District or the San Marcos Water District. A letter from the appropriate water district indicating that compliance with the Growth Management Performance Standard will be maintained with the proposed development. 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. 10. L2~- g 12 . LI 13. ARFRII0003A.DH 7/89 LI LI LI LI LL LI LI LI LI 1-I LL LI LI L_/ 16. S . 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 daily traffic (ADT) generation rate day: 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). rm~ L_/ 15. 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 ARFRM0003A.DH 7/89 Q 21. For all coonhinium 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. L..L b. Typical plant species and their size for each-planting zone. LI 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. 22. For all condominium and planned development projects, eight (8) 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: a. Floor plans with square footage included. b. Location and size of storage areas. C. All buildings, structures, walls and/or fences, signs and exterior lights. 23. SUBMIT ARCHITECTURAL GUIDELINE COMPLIANCE SUMMARY (SEE EXAMPLE ATTACHED TO ARCHITECTURAL GUIDELINES). ARFRM0003A.DH 7/89 0 CITY OF CARLSBAD 0 GROWTH MANAGEMENT PROGRAM LOCAL FACILiTIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO.: CT RQ-3R/PTJD R9-1R LOCAL FACILITY MANAGEMENT ZONE: 6 GENERAL PLAN: RMH ZONING: RD-M DEVELOPER'S NAME: COSTA PALMAS LTD. PAWflRSHTP ADDRESS: 2R56 T.IICTERNAGA STNF.F.T PHONE NO.: 619-931-19.7 ASSESSOR'S PARCEL NO.: 215-330-139 14 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 1.5 ACRF.S ESTIMATED COMPLETION DATE: A. City Administrative Facilities: Demand in Square Footage = 44.5 B. Library: Demand in Square Footage = 23.7 C. Wastewater Treatment Capacity (Calculate with J. Sewer) D. Park: Demand in Acreage = .09 E. Drainage: Demand in CFS = N/A Identify Drainage Basin = DH (Identify master plan facilities on site plan) F. Circulation: Demand in ADTs = 96 (Identify Trip Distribution on site plan) G. Fire: Served by Fire Station No. = 2 H. Open Space: Acreage Provided - ______ 1. Schools: 2.16 (Demands to be determined by staff) J. Sewer: Demand in EDUs - 12 Identify Sub Basin - LEUCADIA CWD (Identify trunk line(s) impacted on site plan) K. Water: Demand in GPD - 2640 L. The project is 3.5 units below the Growth Management Dwelling unit allowance. tLICY OF TITLE INSURANCE axv OV •Issued By ALTH LAND TITLE INSURANCE OCtd*, A RELIANCE GROUP XPANY SCHEDULE A LOAN ND.: DATE OF POLICY: May 4, 1989 CODE ND.: 2.11) POLICY ND.: 609-033343 AMOUNT OF INSURANCE: $ 650,000.00 ORDER ND.: 401502-04 CHARGE: $ 1,432.00 TIME: 3:50 P.M. RELATED POLICY NOS.: 1. Name of Insured: COSTA PALMAS, L.P. 2. The estate or interest in the land which is covered by this policy is: AFEE 3. Title to the estate or interest in the land is vested in: STA PALMAS, L.P. 4. The land referred to in this policy is described as follows: Lots 396 and 397 of LA COSTA MEADOWS UNIT ND. 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 Ointy Recorder of San Diego County, April 21, 1971. - BY AUTHORIZED REPRESENTATIVE BERNIE ODLEN dd JTA Standard Coverage Policy Form - 1988 Schedule A Form 1156-4 VIW 0 ORDER NO.: 401502-04 POLICY NO.: 609-033343 dd [s:. Ct• This policy does not insure against loss or damage (and the Oany will not pay costs, attorneys' fees or expenses) which arise by reason of: PART I 1. Taxes or assessments which are not s]xMn as existing liens by the records of any taxing authority that levies taxes or assesnts an real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interest or claims which are not shown by the public records but which could by ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in txxirxaxy lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are sIn by the public records. CLTA standard Overage Policy Form - 1988 Schedule B Form 1156-5 PRDER NO. 40I50Z-0 POLICY NO.: 609-033343 0' dd COMMONWEALTH LAND TITLE INSURANCE COMPANY A RELIANCE GROUP HOLDINGS (XIvIPANY SCHEDULE B PART II 1. General and Special taxes for the fiscal year 1989-90, a lien, not yet payable. la. General and Special taxes for the fiscal year 1988-89, First Installment, delinquent, Second Installment, delinquent. Affects Parcel N. 215-330-13 lb. General and Special taxes for the fiscal year 1988-89, First Installment, delinquent, Second Installment, delirxiuent. Affects Parcel N. 215-330-14 ic. Said property has been deemed Tax-Defaulted for fiscal year(s) 1987. Parcel No.: 215-330-13 Aaxznt to Redeem during: $4,192.43 May 1989 ld. Said property has been deemed Tax-Defaulted for fiscal year(s) 1983. Parcel No.: 215-330-14 Amount to Redeem during: $15,742.36 May 1989 2. The lien or supplemental taxes, if any, assessed pursuant to the provisicxs of Chapter 3.5. (carinencing with Section 75) of the Revenue arxl Taxation Code of the State of California. NOTE: All Supplemental Taxes which may have been or will be assessed pursuant to the above are the sole responsibility of the Vestee(s) herein and this company assumes no liability regarding the same UNLESS specifically instructed to do so. 3. An easement within the Easterly 10 feet of Lot 396 for drainage and incidental purposes as shown on the Map of said tract. 4. An easement within the Westerly 10 feet of Lot 397 for sewer and incidental purposes as shown on the Map of said tract. 5. Covenants, conditions and restrictions, but deleting restrictions, if any, based on race, color, religion or national origin, in an instrument recorded May 6, 1971 as File lb. 093263 of Official Records. (Continued) CLTA Star1ard Coverage Form - 1988 Schedule B (Continued) SChEIXJLE s CONTINUED - -1-- QRDER I). 401502-04 IOLICY ?). 609-033343 dd Said instrument provides that a violation thereof shall not defeat or render invalid the lien of any mortgage or deed of trust made for value. 6. An Agreement regarding payment of a public facilities fee, dated April 27, 1982, executed by and between P & M INVESTMENTS, LTD. 1-80, a Limited Partnership and P & M INVESTMENTS, LTD. 2-80, a Limited Partnership and THE CITY OF CARLSBN), upon the terms, covenants, and ccrxUtions contained therein, recorded June 2, 1982 as File No. 82-167421 of Official Records. Affects Lot 397. 7. A Deed of Trust to secure an indebtedness of $120,000.00, recorded March 13, 1984 as File No. 84-090953 of Official Records. Dated: February 24, 1984 Trustor: P & M INVESTHENIS, LTD. 4-80 Trustee: WESTh1) TITLE COMPANY, a California Corporation Beneficiary: AE7M FINANCE COMPANY, a Delaware Corporation The beneficial interest under said Deed of Trust was assigned to MARK E. RUSSELL, Trustee under Trust dated November 9, 1987, PATRICIA LOJISE WASHM, a married woman, and BARBARA A. SLOANE, a widow, in the prcpcxrticrate as set forth in Exhibit "An, by assignment recorded. December 1, 1988 as File ND. 88-616241 and re-recorded December 9, 1988 as File No. 88-634216, both of Official Records. An Agreement regarding the Reinstatement of the herein described Deed of Trust, recorded December 1, 1988 as File No. 88-616242 of Official Records and re-recorded December 9, 1988 as File No. 88-634215 of Official Records. 8. A Deed of Trust to secure an ix5ebtedness of $22,176.00, recorded July 17, 1984 as File No. 84-269565 of Official Records. Dated: June 20, 1984 Trustor: P & M INVESTMENTS LIMITED Trustee: FIRST AMERICAN TITLE INSURANCE O1PANY, a California Cbrporaticn Beneficiary: SAN WiR(X)S UNIFIED SCHOOL DISTRICT POiIC No. COUNC• POLICY STATEMENT Ste Issued General ffective Date Specific Subject: Cancellation Date ESTABLISHING GUIDELINES FOR THE DEVELOPMENT OF SMALL LOTS Supersedes No. Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File PURPOSE To provide guidelines to encourage the quality development of small-lot (less than 7500 sq.ft.) single family projects. The intent of the guidelines is to ensure that units have building articulation on all four sides and will not appear as "row" housing. They are primarily designed to apply toprojects where there is a predominance of two-story units. POLICY Guidelines for Small-Lot Single Family Projects In projects where there are three 2 story units in a row situated less than 15 feet apart, at least one of the three units shall have a single story building edge. The depth of the single-story edge shall not be less than 10' and shall run the length of the building pad. The roof covering the single story element shall be substantially lower than the roof for the 2 story element to the unit (this is not intended to preclude long shed-type roofs falling to a single-story element). 2. In projects where there are three 2 story units in a row situated between 15 and 20 feet apart, at least one of the three units shall have a single story building edge with a depth of not less than 5 feet running the length of the building pad. The roof of the single story element shall be substantially lower than the roof for the two story element of the building (this is not intended to preclude long shed-type roofs falling to a single- story element). 3. On a project basis, thirty-three percent (33%) of all units shall have a single story edge for forty percent (40%) of the perimeter of the building. For the purpose of this guideline the single story edge shall be a minimum depth of three feet (3'). The units qualifying under the 33% shall be distributed throughout the project. The main purpose of this guideline is to ensure some building relief on the front and sides of each unit. 4. For at least 50% of the units in a project, there shall be at least three separate building planes on street side elevations of lots with 45 feet of frontage or less, and four separate building planes on Street side elevations of lots with a frontage greater than 45 feet. The minimum offset in planes shall be 18 inches and shall include but not be limited to building walls, windows and roofs. The minimum depth between the faces of the forward-most plane and the rear plane on the front elevation shall be 10 feet and a plane must be a minimum of 30 sq. ft. to receive credit under this section. Y OF CARLSBAD licy No. COUNCIL POLICY STATEMENT Date Issued General Subject: Effective Date Specific Subject: Cancellation Date Supersedes No. Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File 5. Rear elevations shall adhere to the same criteria outlined in number 4 above for front elevations except that the minimum depth between front and back planes on the rear elevation shall be 3 feet. 6. At least 50% of the units in a project shall have one side elevation where there are sufficient offsets or cutouts so that the side yard setback averages a minimum of 7 feet. 7. Projects with an average lot size of 5,000 sq. ft. or less shall limit the number of units with three car garages to 75% of the plans in the project. Project units with three car garages shall be a mix of two door garages, three door garages, and offset (2 planes mm. 121) two door garages. 8. Fifty percent (50%) of exterior openings (doors/windows) shall be recessed or projected a minimum of 2" and shall be with wood or colored aluminum window frames (no mill finishes). 9. The predominant roof framing for each floor plan in. a project shall exhibit directional variety to the other floor plans and to the Street. Notes: a) For the purpose of these guidelines a single story element shall be defined as a plate line maximum of 12 feet (10 feet preferred). b) In addition, when a percentage of units is described in the guidelines the intent is to have that percentage spread throughout the entire project. C) "In a row" shall include curves and shall terminate at a 90 degree street intersection. 1p 46 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. AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this13th day of November , 19 89 by and between COSTA PALMAS, LP. (Name of Developer-Owner) aCalifornia Limited Partnership, hereinafter referred to as "Developer" (Corporation, Partnership, etc.) whose address is 2856 Luciernaga Street, Carlsbad, CA 92009 (Street) (City, State, Zip Code) and the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address 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 Twelve Unit Planned Development on said Property, which development carries the proposed name of______________ COSTA PALMAS and is hereinafter referred as "Development"; and WHEREAS, Developer filed on the 13th day of November , with the City a request for Planned Development Permit 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 . S 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 . . 2. The Developer may offer to donate a site or sites for public facilities In lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. - 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and service sufficient to accommodate the needs to the Development herein described. REV 3-1-88 4 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 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation of the State of California COSTA PALMAS LP. (name) By: By: KttIc Heim, President MARTIN ORENYAK Kimyon Heim Company, Inc., General Partner For City Manager (Title) By: (Title) ATTEST: I ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney / (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) REV 3-1-88 6 I. 0. -C Co a, C (0 ci) — C 0(0 ' 0_ ca co :tf CO C C co CL 00 (0 (0 0 0 C,) STATE OF CALIF(=P (as. COUNTY OF ego On NoVnber 10, 19 , before me, the undersigned, a Notary Public in and for said State, personally appeared Kiinym Helm . and proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument President ehalf of Kimn Heim Cany I. the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant to its by- 00-44-440- laws ora resolution of its board of directors, said corporation being , OFPICAL SEAL known to me to be the general partner of___________________ ____________ ANN E KN(GLIT - Notary Pubcic - Calcfcrrca SAN DIEGO COUNTY the limited partnership that executed the within instrument, and My Comm. Exp. Feb. 5. 1.993 acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my ha Signature (This area for official notarial seal) 0 ., -f - -. .---. 01 . . EXHIBIT wA8 LEGAL DESCRIPTION Lots 396 and 397 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 LI 9.. LI Sewer permits were purchased for this site 11/7/83. They were transfered with the pro- perty and are still current. - _-, -4- / LEUCADJA COUNTY WATER DISTRICT REVISED - APPLICATION FOR SEWER SERVICE Owner's Name Mr. John Pindel Phone No. 242-3210 AppT-e -VaTI-i~yt—CR 9230T - Service Address: LuciernagSt. Tract Descriptiofl:tnt 3qg i a rctMedcws Assessor's Parcel No. 15-330-1400 Type of Building .-condos ,. NO. Units 12 Connection Fee Sc n pp Lateral Size: 4 4--:--6 8" _Saddle Easement Connection Extra Foo ta ge-i-­7 $: Extra Depth: $ - -- Lateral Fee- Amount - Rec'd $ see payment record Ck No/Cash - on original perm. Prorated Sewer --• 83 Sec.Mg. approvedService Fee. Da . ------------- - - administrative transferlótal LJ U , 7 - The application must be signed by r his authorized representative) of the property to be served. The total charges must be paid to the District at the tifl!E thap l.i-cat- subnitte±E=.:_....... If a servic&TaferaTisréquired, it will be installed by th e euca nty Couatej_ T.1 ufrT tTn rvice 1é lith part of the sewer syst em that extends from the main collection line in the street (or easement) to the point in the street (at or near the.. applicant's property line) where the service lateral is connected to- the applicant's building sewer. The applicant is responsible for the construction,_ - at the apltant4re its;o -F thsewer 1p ipeline (buffdTn T7iithi apl1 - cant's plumbing to the point in the. street (or easement) where a connection is made to the s e r v ice lateral..----- —'-T The connection of t he applicant's building sewer to the service lateral shall be - - - made by--t e-appl-ic-ant- at--h --expense-----Theconnectioir must be-madefrr conformity-------- with the District's- specifications:rules and regulations; and IT MO ST BE ir4SPEçTEj --- ....AND APROVEU BT TH ursT-RrcTcortE SEWER SYSTEM MAY BE USED BY THE APPLICANT. - THE APPLICANT-,--OR-+1-I& AUTH RFZEDr REPRESENTAT IVE, MUST - NOTI Pt- THE DISTRICT AT-THE - - - TIME INSPECTION-- IS DESIRED -- ANY- CONNECTION MADE TO- THE SERItE tATERALOCULLE lION LINE WITHOUT PRIOR APPROVAL AND. INSPECTION BY THE DISTRICT aILL BE CONSIDERED INVALID AND WILL NOT BE ACKNOWLEDGED. --The prorated -servi-ce-ice wifl begfn and covers the _aaiiçe of the ficaTyear Je1ii1YN ribiiTT t additional fee or refund -if -'service actually commences on a different date. For - succeeding fiscal years, the sewer service fee will be col l ected­ the tax rolt in the same manner as property taxes-;.................. --.... The undersired hereby agrees that the above information given is correct and agrees to the codtic-ns as stated-. -1_; I -r.or --' 2 ACC3J -t 'SO. ,iS?- 2:;c VALLECITOS Water District A Public Agency 788 San Marcos Boulevard San Marcos, California 92069 Kimyon Corporation 2856 Luciernaga St. Rancho La Costa, Ca. 92008 FAX (619) 744-3507 (619) 744-0460 November 9, 1989 AVAILABILITY OF WATER SERVICE FOR: 12 unit planned development Lots 396 & 397 Unit 2 La Costa Meadows OWNER Kimyon Corporation A.P. NO. 215-330-13, 14 - TOTALLY WITHIN THE VALLECITOS WATER DISTRICT AND IS ELIGIBLE FOR WATER SERVICE MUST BE ANNEXED INTO THE VALLECITOS WATER DISTRICT (CONTACT THE ENGINEERING DEPARTMENT FOR MORE INFORMATION) X WATER SERVICE WILL BE PROVIDED UNDER THE RULES AND REGULATIONS OF THE DISTRICT, UNDER NORMAL OPERATING CONDITIONS AND AFTER ALL REQUIRED FEES HAVE BEEN PAID. X THE HYDRAULIC GRADELINE OF THE PRESSURE ZONE SERVING THE PROJECT IS 215 -FEET M.S.L. - WATER SERVICE WILL BE PROVIDED AT A MINIMUM PRESSURE OF 40 PSI UP TO AN ELEVATION OF X WATER LINE IS AVAILABLE. SIZE 8" TYPE ACP LOCATION Adjacent to property ** X WATER LINE EXTENSION WILL BE REQUIRED. May be required within the development depending on whether the water facilities are public or private **_L EASEMENT NECESSARY FOR: WATER LINE ECTENSION . XIS 1& WATER LINE. If public facilities a xtended within the prosect a u easement will be required AN EXISTING DISTRICT FACILITY CROSSES THE LAND BEING DIVIDED (SEE ATTACHED PLAT) AND SHOULD BE SHOWN ON THE FINAL MAP AN OFF-SITE METER MAY BE REQUIRED BY THIS MINOR/MAJOR SUBDIVISION AND IS SUBJECT TO FURTHER RULES AND REGULATIONS X IF FIRE CONTROL FACILITIES ARE REQUIRED WHICH ARE NOT ADJACENT TO ANY DISTRICT WATER LIMES OR THAT ARE ADJACENT TO UNDERSIZED WATER LINES, A WATER LINE EXTENSION MAY BE REQUIRED WHICH ALSO MAY REQUIRE SPECIFIC EASEMENTS. SIZING OF WATER LINES AND PLACEMENT OF FIRE CONTROL FACILITIES WILL BE BASED ON REQUIREMENTS OBTAINED FROM APPROPRIATE FIRE PROTECTION AGENCY ADDITIONAL COMMENTS: WATER SERVICE TO THIS PROJECT IS NOT COMMITTED WHEN THE DISTRICT SIGNS THE "PROJECT SERVICE AVAILABILITY LETTER" OR THE IMPROVEMENT PLANS. A COMMITMENT WILL ONLY BE MADE AT THE TIME THE OWNER/DEVELOPER ENTERS INTO A CONTRACT WITH THIS DISTRICT FOR CONSTRUCTION OF THE WATER SYSTEM ON THE APPROVED IMPROVEMENT PLANS. THE COSTS ASSOCIATED WITH FACILITIES REQUIRED TO PROVIDE WATER SERVICE TO THE PROJECT, INCLUDING EASEMENTS, SHALL BE THE SOLE RESPONSIBILITY OF THE OWNER/DEVELOPER. VALLECITOS WATER DISTRICT Cheryl Bndstrom Engineering Tech. II I I COSTA PALMAS LP. Roster of Partners Kimyon Helm Company Inc. 2856 Luciernaga Street Carlsbad, CA 92009 Cove Mortgage Company Inc. 7946 Ivanhoe Avenue Suite 112 La Jolla, CA 92037 Veritas Investment Association Inc. 2607 Denver Street San Diego, CA 92110 Russell Lanthorne Jr. 4031-86 Porte de Palmas San Diego, CA 92122 Alan W. Phinney 6602 Michael John Drive La Jolla, CA 92037 Gary M. Mills DBPP 1858 Rancho Janet Alpine, CA 92001 George Thwing Jr. 31158 Flying Cloud Drive Laguna Nigel, CA 92677 Jane Gary 339 Vista de la Playa La Jolla, CA 92037 George Thwing III 7946 Ivanhoe Avenue Suite 112 La Jolla, CA 92037 William Schloh 2607 Denver Street San Diego, CA 92110 . . CARLSBAD, CA 92009-4859 2075 LAS PALMAS DRIVE City of QCar1bab DEVELOPMENT PROCESSING SERVICES DIVISION TELEPHONE (619) 438-1161 MARCH 26, 1987 STREET ADDRESS SUBMITTAL REQUIREMENTS FOR LARGE PROJECTS TO WHOM IT MAY CONCERN: Four (Li) copies of the approved site plan must be submitted with the first plan check. The site plans shall show all lot numbers for Single Family Projects. Site plans for Multi Family, Commercial or Industrial Projects shall show each unit or suite number and the floor level where each unit is located. Addresses will be assigned during the first plan check, and copies of the assigned addresses will be provided to the applicant. For further information, call Paul York at 438-1161. AAYNDA.MI Manager RAM:cj CC: MARTIN ORENYAK APPLICANT : COSTA PALMAS FACILITY ZONE : 6 APN : 215-330- ACREAGE : 1.54 SUBDIVISION SUBDIV. 'J INFORMATION NO. OF I NO. OF D1 LAND USE ENGINEER : DAVIS PROJECT PLANNER : MUNOZ ISSUES it S REPORT DATE 07/10/92 PROJECT ID : CT 89-38X1 IL MASTER PROJECT ID : CT 89-38X1 SYSTEM STATUS LUR APPLICATION INFORMATION SUBMITTAL DATE : 07/08/92 ACCEPTANCE DATE PROJECT CATEGORY : MIN STATUS : ACTIVE APPROVAL DATE : EXPIRATION DATE : PROJECT NAME : COSTA PALMAS LOCATION : N/SIDE LUCIERNAGA BETW CEBU & URUBU DESCRIPTION : 1 YEAR EXTENSION ( CITY OF CARLSBAD 1200 ELM OENUE CARLSBAD, CALIFCIA 92008 438-5621 REC'D FROM_ II -,) rr DATE//c1IJ /7 ACCOUNT NO. DESCRIPTION AMOUNT P/E I 1526 i1/21f3 0001 01 02 C-F'R1T RECEIPT NO. 97837 TOTAL 1-1 1 LU I- Lu Li.. AiWi H Avp City of Carlsba-d CT 89-38 COSTA PALMAS PUD 8-18