HomeMy WebLinkAboutCT 90-28; LUCIERNAGA TOWNHOMES; Tentative Map (CT)CITY OF CARLSBAD IV
LAND USE REVIEW APPLICATION FORM PAGE 1 OF 2
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(For Dept. (For Dept. Use Only) Use Only)
Master Plan .................________
Specific Plan ...............________
E Precise Development Plan...
Tentative Tract Map ........ ..________
Planned Development Permit
Non-Residential Planned
Development Permit ........ ._________
General Plan Amendment......
E Site Development Plan.......
Zone Change.................
Conditional Use Permit......
Hillside Development Permit.
Environmental Impact
Assessment................
C V'd? Variance.................... Condominium Permit ...........
Special Use Permit ......... Planned Industrial Permit...
Redevelopment Permit ....... Coastal Development Permit..
Tentative Parcel Map ....... Planning Commission Deter...
Administrative Variance....
2) LOCATION OF PROJECT: ON THE I NORTH SIDE OFI_LUCIERNAGA STREET
(NORTH, SOUTH, EAST, WEST) (NAME OF STREET)
BETWEEN I URUBU STREET AND I CEBU PLACE
(NAME OF STREET) (NAME OF STREET)
3) BRIEF LEGAL DESCRIPTION: ILOT 398 OF LaCOSTA MEADOWS, UNIT NO. 2 OF MAP 1 6906 IN THE CITY OF CARLSBAD, STATE OF CALIFORNIA
4) ASSESSOR PARCEL NO(S),I 215-330-12
5) LOCAL FACILITIESJ 6 I 6) EXISTING GENERAL nmNTThJL7) PROPOSED GENERAL&DEJ
MANAGEMENT ZONE PLAN DESIGNATION PLAN DESIGNATION
8) EXISTING ZONINGI RDM 1 9 ) PROPOSED ZONINGI RDM 10) GROSS SITEI 77 ACREAGE
11) PROPOSED NUMBER OFI 112 PROPOSED NUMBER p' I ONE 113) TYPE OF I RESIDENTIAL UNITS 6 OF LOTS SUBDIVISION
(RESIDENTIAL
14) NUMBER OF EXISTING RESIDENTIAL UNITS NONE COMMERCIAL
IN DUST I RAL)
15) PROPOSED INDUSTRIAL I I 16) PROPOSED COMMERCIAL I
OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE
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ARFM0008.DH 4/89
CITY OF CARLSBAD
LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2
17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE
19) PROPOSED INCREASE
IN AVERAGE DAILY
18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS L6
TRAFFIC 1 8-10% 1
20) PROJECT NAME:
21)BRIEF DESCRIPTION OF PROJECT: 13 2-UNIT TOWNHOMES (6 TOTAL UNITS)
I LAYED OUT PERPENDICULAR TO THE STREET. EACH UNIT HA 3-BR,
A 2-CAR GARAGE AND PRIVATE REAR YARD. THERE IS ALZO A SMALL COMMUNI
22) OWNER 23) APPLICANT
NAME (PRINT OR TYPE) HANK HSUIEH NAME (PRINT OR TYPE)JOSEPH WONG DE S IGN ASSOCL
MAILING ADDRESS MAILING ADDRESS
P.O. BOX 8334 2359 FOURTH AVENUE
CITY AND STATE ZIP TELEPHONE CITY ANJJ STATE San Diego, CA 921ZJf go RANCHO SANTA FE, CA 92067 759-0211
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 KNOWL DGE INFORMATION IS TRUE AND CORRECT TO ,URE ATE THE BEST OF MY KNOWLEDGE.
SIGN RE DATE
aw
FOR CITY USE ONLY
FEE COMPUTATION:
APPLICATION TYPE FEE REQUIRED
'r)rr H&' I opc
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JUL 31 fl)
('rrv OF rr cpr-
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DATE STAMP APPLICATION RECEIVED
1W*II3'.
TOTAL FEE REQUIREDI I
DATE FEE PAID I 7(7 Liqc) I RECEIPT NO. I I
ARFM0008.DH 4/89
.
.
STEWART TITLE COMPANY OF SAN DIEGO
7676 HAZARD CENTER DRIVE 7TH FLOOR
SAN DIEGO, CALIFORNIA 92108
(619) 692-3666
(619) 436-3002 (619) 743-3821
PRELIMINARY REPORT
July 14, 1990
CHANG HSIUEH
P.O. BOX 8384
RANCHO SANTA FE, CA
ATTENTION:
YOUR NO.
OUR NO. 99977-6
92067 LOAN REF: HSIUEH
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF
TITLE INSURANCE, STEWART TITLE COMPANY OF SAN DIEGO HEREBY
REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS
OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE BY
STEWART TITLE GUARANTY COMPANY, 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 HEREIN. COPIES OF THE POLICY
FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH
ISSUED THIS REPORT.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED
SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY
OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS
DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A
POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE
REQUESTED.
DATED AS OF JULY 05, 1990 AT 7:30 A.M.
SHELYZ ARNESEN/tia
TITLE OFFICER
qc
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.
99977-6
THE FORM OF THE POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY ( )
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B
3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE
POLICY ( )
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY ( )
SCHEDULE A
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:
HANG CHENG HSIUEH AND CHI LU HSIUEH, HUSBAND AND WIFE AND HANG
LUNG HSIUEH AND HORNG lEAN HSIUEH, HUSBAND AND WIFE, ALL AS
JOINT TENANTS
.
99977-6
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS:
LOT 398, IN 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, ON APRIL 21, 1971.
. .
99977-6
SCHEDULE B
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE
PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED
ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS:
1. General and special County and/or City Taxes for the fiscal
year 1990-91, a lien not yet payable.
lA. General and special County and/or City Taxes for the
fiscal year 1989-90, includin personal property tax, if any.
First Installment: $1,472.14 PAID
Second Installment: $1,472.14 PAID
Land: $259,782.00
Code Area: 09064
Parcel No. 215-330-12
lB. SUPPLEMENTAL TAXES FOR THE FISCAL YEAR 1988-89 ASSUMED
PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH
SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF
CALIFORNIA;
CODE AREA 09064
PARCEL NO. 889-074-12-08
LAND $95,311.00
FIRST INSTALLMENT $85.34 PAID
SECOND INSTALLMENT $85.34 OPEN
1C. SUPPLEMENTAL TAXES FOR THE FISCAL YEAR 1988-89 ASSUMED
PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH
SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF
CALIFORNIA;
CODE AREA 09064
PARCEL NO. 889-074-12-09
LAND $90,218.00
FIRST INSTALLMENT $475.18 PAID
SECOND INSTALLMENT $475.18 OPEN
1D. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT
TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF
THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA.
2. Covenants, conditions and restrictions in the Declaration of
Restrictions recorded MAY 6, 1971 AS FILE NO. 93263 OF OFFICIAL
RECORDS.
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ri
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SCHEDULE B CONTINUED
99977-6
Restrictions, if any based on race, color, religion or national
origin are deleted.
Which provide that a violation thereof shall not defeat or
render invalid the lien of any mortgage or deed of trust made in
good faith and for value.
5. An agreement
particulars
Dated:
By and Between:
Regarding:
Recorded:
to which reference is hereby made for full
JUNE 11, 1986
THE CITY OF CARLSBAD AND KER-KONG TUNG
AGREEMENT TO PAY INCREASED FEES FOR
DEVELOPMENT MANAGEMENT SYSTEM
OCTOBER 24, 1986 AS FILE NO. 86-482998
of Official Records
to which reference is hereby made for full
SEPTEMBER 25, 1986
CITY OF CARLSBAD AND KER-KONG TUNG
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
NOVEMBER 18, 1986 AS FILE NO. 86-530219
of Official Records
3. An agreement
particulars
Dated:
By and Between:
Regarding:
Recorded:
5. A Deed of Trust to secure an indebtedness of
stated herein and any other amounts payable under
thereof
the amount
the terms
Dated AUGUST 16, 1985
Amount $10,648.00
Trustor KER-KONG ¶PrINa. mrimi OF THE -rttmir mrmv
Trustee
Beneficiary
Recorded
Sfl.J&J .LtSflJ 11
KENNETH J. PIERRE AND LINDA M. PIERRE, HUSBAND
AND WIFE AS JOINT TENANTS; MIROSLAVE NADJ AND
HENRIETTE NADJ, HUSBAND & WIFE AS JOINT TENANTS;
FREDRICK HINES AND LORETTA HINES; HUSBAND &
WIFE, AS JOINT TENANTS; ERNEST H. BROOKS & BETTY
N. BROOKS, HUSBAND AND WIFE AS JOINT TENANTS,
CHIEN-YUNG WEI AND JULIE H. WEI, HUSBAND & WIFE,
AS JOINT TENANTS; AND YUAN-BIN WANG &
LOUISA WANG, HUSBAND AND WIFE, AS JOINT
TENANTS
FIRST AMERICAN TITLE INSURANCE COMPANY,
A CALIFORNIA CORPORATION
SAN MARCOS UNIFIED SCHOOL DISTRICT
AUGUST 23, 1985 AS FILE NO. 85-313961
OF OFFICIAL RECORDS
NOTE': Our records do not indicate that the above deed of trust has
been released by a recorded reconveyance. However, said
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S
SCHEDULE B CONTINUED
deed of trust may be omitted from a policy of title insurance,
provided this company is in receipt of said deed of
reconveyance for recording or is in receipt of a letter of
indemnity from the responsible previous title insurer.
6. THE REQUIREMENT THAT A NOTICE OF COMPLETION BE RECORDED ON
SAID PROPERTY
7. IN THE INTEREST OF EXPEDITING THIS TRANSACTION, AND FOR THE
PROTECTION OF ALL PARTIES CONCERNED, WE REQUIRE A STATEMENT OF
INFORMATION ON HSIUEH, EVEN THOUGH WE FIND NO MATTERS OF
RECORD AS OF THE DATE OF THIS REPORT.
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).
POLICY CHARGE WILL BE BASED ON 100%.
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LA COSTA MEADOWS UNIT NO 4 T 1 11 SHEETS
(
)
CITY OF CARLSBAD
1200 ELM NUE CARLSBAD, CALIFO A 92008
4385621
REC'D FRO MH( I Siii-
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DME/9I4OO cL
C-PRMT 473400
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ACCOUNT NO. DESCRIPTION AMOUNT
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RECEIPT NO. 99002 TOTAL
4 T.
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City of Carlsbad
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DISCLOSURE STATEMENT
APPLICANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP ITEESTS ON ALL APPLICATIONS WHICH WILL REQUIRE
DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE.
'lease Print)
he following information must be disclosed:
Applicant
..Ust the names and addresses of all persons having a financial interest in the application.
Josejph Wong Design Associates - Owner: Joseph 0. Wong
2359 Fourth Avenue 2359 Fourth Avenue
San Diego, CA 92101 San Dlecio, CA 921O
Owner
List the names and addresses of all persons having
Owners/Partners:
1 I-Irj I-tsiieJ
P.O. Box 84
Rancho Santa Fe, CA 92067
2. Horng-Yean Hsiueh
same address as Owner 1.
any ownership interest in the property involved.
3. Cheng Hsiueh
P.O. Box 935
Rancho Santa Fe, CA 92067
4. Chi-Lu I-lsiueh
same address as Owner 3.
If any person identified pursuant to (1) or (2) above is a corporation or partnership,. list the names and
addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership
interest in the partnership.
Ap1icant: Joseph Wong Design Assoc. 2. Horng-Yean Hsiuieh
Owner: Joseph U. Wong, A.I.A. Address same as above
Address same as above . Cheng I-isiiueh -
Owner/Partner: Address same as above
1. Hang Hsiueh
4. Chi-Lu Hsiueh
Address same as above Address same as above
If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and
addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary
of the trust. V
FRM00013 8/90 -it
'Ifrrtia 92009-4859 • (619)438-1161
Disclosure Statement
Page 2
5. Have you had more than $250 worth of business transacted with any member of City staff, Bcarc:
Commissions, Committees and Council within the past twelve months?
Yes - No if yes, please indicate person(s)___________________________________________________
Person is defined as: 'Any individual, firm, copartnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, crry
municipality, district or other political subdivision, or any other group or combination acting as a unit.'
__,eJ
re of ner/date t, Signature of applicant/date U ina (
_gCeng Hsiueh, Chi-Lu Hsiueh
Hang Hsiueh Horna-van Hsiueh
Joseph Wong
Print or type name of owner Print or type name of applicant
(NOTE: Attach won pages a e
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'a
STATEMENT OF AGREEMENT
11
TENTATIVE SUBDIVISION MAP
CITY OF CARLSBAD
The Subdivision Map Act and the CarIsbai 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.
Date
/L/,4AJ. I. /47/1
Name (Print) Relationship to Application
(Property Owner-Agent)
FORM: PLANNING 37. REVISED 3/80
S S
Le4c4l&4 C4* tV4e4 14
LOIS HUMPUREYS
President
STEPHEN DEERING
Vice President
ELAINE SULLIVAN
Director
JUDY HANSON
Director
WILLIAM SALTZMAN
Director
JOAN GEISEIHART
Manager
July 20, 1990
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, Ca. 92009
Re: Sewer Service Availability for ARM 215-330-12
Applicant: Hang L. Hsiueh
Project Description: Six (6) Unit Townhomes
Gentlemen:
The referenced project is located within the boundaries of the
Leucadia County Water District.
Sewer permits are currently being issued for new connections
pursuant to District ordinances. It can be reasonably expected that
service will be available to each unit of this project concurrent
with need.
This letter is valid for two years and is transferable to a new
owner upon approval of the District.
Very truly yours,
Leucadia County Water District
4Z/42
W.V. Roehl
Administrative Assistant
FAX (69) 753-3094
District Office: 1960 La Costa Avenue, Carlsbad, California 92009 . P.O. Box 2397, Leucadia, California 92024-0954 . (619) 753-0155
Printed on recycled paper.
VALLECI• 10
Water
District
A Public Agency
788 San Marcos Boulevard FAX (619) 744-3507 (619) 744-0460
San Marcos, California 92069
July 30, 1990
Mr. Hang L. Hsiueh
P.O. Box 8334
Rancho Santa Fe. Ca. 92067
RE: Water Service Availability A: 215-330-12
Upon review of the above referenced project, the following is provided for
your information.
The property is within the Vallecitos Water District and eligible for
service. 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.
The property is within a pressure zone which maintains a hydraulic gradeline
of 815 feet above sea level. The highest elevation on your proposed
development appears to be 492 feet, this would give the property approximately
139 psi at that elevation.
An 8-inch water main exists in luciemaga Street adjacent to the project.
Water service will be provided through the existing main.
Contact with the Fire Department should be made to determine requirements for
fire facilities to your project. The fire department will determine fire flow
required and location of facilities.
Water service will only be coimnitted at the time the owner/developer pays all
capacity/connection fees and other related fees required.
If there are any additional questions please contact me or Dennis Lamb at the
District.
Sincerely,
VMIECTIOS WATER DISTRICT
thetyl randstrom
Engineering Tech II
cc: Dennis Lamb, Engineering Manager
1 .0 .
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
21-5-330-12 Parcel No.___________________________
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this tird day of 7tiy 19
by and between F1avi',- 1e'1 -L5ue1i, Cj-Lu /-f"aeli,
cnL. Hiu1i, Hovq - n
('Name of Developer-Owner)
a artz'ierhip , hereinafter referred to as "Developer"
(Corporation, Partnership, etc.)
whose address is O.B°X34,1?'7'?/th(Ieñlayor_Raiick.ana7,4.
(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 C9
c2 9O
S I
- tc Ci'X iovJnhos€ an1
on said Property, which development carries the proposed name of______________
Lriia.r Tiowil
and is hereinafter referred as "Development"; and
WHEREAS, Developer filed on the Thc( day of TLA ,
with the City a request for Tt.11iie- ncp Cndoi,'ni'wn p-ermi'
od ej'rônn'ieritc( aeiet.
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 js
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
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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
DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal
corporation of the State of
California
(Title)
By: ;- -
-- (Title)
\ (name)
By: By:
MARTIN ORENYAK
For City Manager
L. Hv:L
. .
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California
as of the date first written above.
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
PARTNERSHIP ACKNOWLEDGMENT
State of ____________________________ On this thea' day of
County of*-' &I1 I
Lib c, personally rsned 74
I jA.
(.
NO. 2W
- 19,before me,
OFFICIAL SMI
BARBARA L DENNIS
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY
My comm. expku NOV 12, 1990
Versonally known to me
roved to me on the basis of satisfactory evidence
to be the persowho executed the within instrument on behalf of the
partnership, and acknowledged to me that the partnership executed it.
Notary's Signature
ATTENTION NOTARY: Although the information requested below is OPTIO7L, it could prevent trauj attchment of this ctifate to a other docu
Title or Type of Document /
THIS CERTIFICATE
MUST BE ATTACHED Number of Pages '7 Date of Document
TO THE DOCUMENT
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
7130 019 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave. • P.O 80x 7184 • Canoga Partc, CA 91J47184
EXHIBIT 1A'
LEGAL DESCRIPTION
Lot 395 of La Costa Meadow, Unit No. 2, In the City of
Carlsbad, County of San Diego, State OF California,
According to map thereof Na. 6906 Filed in the office of
the county recorder of San Diego County, April 21, 1971
REV 3-1-88 7
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City of Carlsbad
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