The URL can be used to link to this page

Home My WebLink AboutCT 90-29; GOLF HEIGHTS; Tentative Map (CT)It 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) MasterPlan ............... Specific Plan ............. Precise Development Plan... Tentative Tract Map........ Planned Development Permit E Non-Residential Planned Development Permit........ Condominium Permit......... Special Use Permit......... Redevelopment Permit....... Tentative Parcel Map....... Administrative Variance.... /ii 9O.37 General Plan Amendment...... Site Development Plan....... Zone Change................. Conditional Use Permit...... Hillside Development Permit. Environmental Impact Assessment................ Li Variance.................... Planned Industrial Permit... Coastal Development Permit.. Planning Commission Deter... -I -I 2) LOCATION OF PROJECT: ON THE NORTH 7 SIDE OFPIRINEOS (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN VIEJO CASTILLA AND [ I (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION:I PARCEL ONE OF PARCEL MAP 4548, A DIV. OF LOT 1 I TRACT NO. 73-48 MAP NO. 7915, COUNTY RECORDER OF SAN DIEGO COUNTY 4) ASSESSOR PARCEL NO(S),I 216-200-24 5) LOCAL FACILITIES I__6 6) EXISTING GENERALRH 7) PROPOSED GENERAL RH MANAGEMENT ZONE PLAN DESIGNATION PLAN DESIGNATION 8) EXISTING ZONING I RD-Ml 9 1 9) PROPOSED ZONING RD—M19 1O) GROSS SITE_0.883 ACREAGE 11) PROPOSED NUMBER OF 12 12) PROPOSED NUMBER__ONE 13) TYPE OF RESIDENT4AL RESIDENTIAL UNITS OF LOTS SUBDIVISION (RESIDENTIAL 14) NUMBER OF EXISTING RESIDENTIAL UNITS NONE COMMERCIAL INDUSTIRAL) 15) PROPOSED INDUSTRIAL NA. 16) PROPOSED COMMERCIAL N.A. 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 26% 1 19) PROPOSED INCREASE IN AVERAGE DAILY 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 12640 12EDU GAII TRAFFIC F 96 20) PROJECT NAME: GOLF HEIGHTS 21)BRIEF DESCRIPTION OF PROJECT: A 12 UNIT TWO STORY TOWNHOME, 4 BUILDINGS 22) OWNER 23) APPLICANT NAME (PRINT OR TYPE)NOHTAN PARTNERSHIP NAME (PRINT OR TYPE) MAILING ADDRESS 7143 CAMINITO PANTOJA MAILING ADDRESS CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE SAN DIEGO, CA 92122 (619)453-9020 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 K WLEDGE. SIGNATURE DATE54'0 INFORMATION IS TRUE AND CORRECT TO THE MY KNOWLEDGEÔATE NATURE SIAVASH KHADJEHZADEH/Managing Partner ************************************************************************************** FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE FEE REQUIRED C7 9eJ.q le) )'.PY fu) 98-'7 3 0 O 00 Ei4 eflo, AUUB 1990 RECEIVED BY: 000 TOTAL FEE REQUIRED j DATE FEE PAID -/'. J RECEIPT NO. ARFM0008.DH 4/89 71xj_VQ -it-)L of risbad DISCLOSURE STATEMENT APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETiONARY ACTION ON THE PART OF THE CITY COUNCIL OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE. (Please Print) The following information must be disclosed: List the names and addresses of all persons having a financial interest in the application. SIAVASH & PARIVASH KHADJEHZADEH, 7143 CaminitoPantoia.S.D., CA 92122 JOSEPH SIMON-OGHLI,7045 Charmant Dr. fi 128, San Diego, CA 92122 S.IAVASH & MAHVASH AKHGARNIA, 5610 Calle Miramar, La Jolla, CA 92037 CAMILLE EYVAZZADEH,229 East Macada Rd., Beth., PA 18017 MEHDI & RACHEL &ARDALAN LAFIIJANI,221 North Rexford Dr., CA 90210 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. SAME AS ABOVE 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names ar addresses of all individuals owning more than 10% of the shares in the corporation or owning any partners interest in the partnership. 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names ar addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficia of the trust. NONE (Over) . E Disclosure Statement Page 2 Have you had more than $250 worth of business transacted with any member of City staff, Bcarcs Commissions, Committees and Council within the past twelve months? Yes - No xx If yes, please indicate person(s)___________________________________________________ Person is defined as: 'Any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision, or any other group or combination acting as a unit.' (NOTE: Attach additional pages as necessary.) SIAVASH KHADJEHZADEH /Managing Partner Signature of Owner/date Signature of applicant/date NOHTAN PARTNERSHIP Print or type name of owner Print or type name of applicant H. . : 320 NO HIGHWAY 101 Your No. : 11062-E FCINITAS, CA Cr No. : 900046-T tte:JANUARY 12, 1990 Attention: JAN T/TLF Dated as of JANUARY 9, 1990 at 7:30 a.m. In response to the above referenced application for a policy of title insurance, CE COAST ITflE Ccmpany of San Diego hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded fran coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy forms. The printed Exceptions and Exclusions fran the coverage of said Policy or Policies are set forth in N.endumn 1 attached. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or anerxlltents 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 assmed prior to the issuance of a policy of title insurance, a Binder or Oxinitment should be requested. ORAN(M MAST TITIE OMPANY OF SAN D= 4 4 Title to said estate or interest at the date hereof is vested in: Elr. SI '•ii L• LEGAL tisauria cL*R ). 900046-T Me lard referred to In this Report is situated in the State of California, Cnty of San Diego, and is described as follows: P&,-!kM 1 OF PARCEL 1 MAP NO. 4548, IN DE MY OF MUSBAD, C(XjNTY OF SAN i'iI N 'rut ' " DM CF,- AMMING I I - s - OFFICE OF 1.._.j111 DIEM, CCUM* . 900046-T . . .1E MW At the date hereof exceptions to coverage in addition to the Exc eptions and Exclusions In said policy form would be as follows: 1. General and special taxes, the first Installment now delinquent, the second installment now payable, for the fiscal year 1989-90. 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (cxirmiencinq with Section 75) of the Revenue and Taxation Code of the State of California. 3. An easement over said land for poles, wires and incidental purposes, as granted to the San Diego Gas and Electric Ompany, by deed recorded FEBRUARY 11, 1974 AS FIT E NO. 74-034767 OF OFFICIAL REt. ID ;4.• . r :t 'I- iii ID i,iiu • p;. ________ I 11~ 2141 D1 5. The Parcel Map referred to in the legal description herein, contains various restrictions or requirnts for inprovinq or developing the property herein described, including but not limited to potable water supply, sewage disposal systems , set backs, flood plains or inprovement agreements. Reference is made to said Parcel Map for other and further particulars. \ 6. AN NQA1MENT ONIO SAID LAND FROM ¶IHE LAND ADJOINING ON ME EAST OF A FENCE, AS DISCLOSED IN WRITING ¶10 ¶IIIIS CU'IPANY. RMLIC FACnX= FEE RECORDED NOVEMM 15, 1989 AS FTI NO. 89-619254 OF OFFICIAL IM)RDS. 8. Any facts, rights, interest or clams which may be shown by an inspection of the land or which may be disclosed by inquiry of persons in possession of said land. 1989-90 TAX INFUATI: CIODE AREA : 09046 PARCEL NO. : 216-200-24 1st INSTALlMENT : $1,638.64 PAID 2nd INSTALlMENT : $1,638.64 NOT PAID LAND VAFIJE : $310,000.00 IflVEMENIS : $-0- EXEMPTIONS : $-0- Supplemental taxes, assessed Pursuant to the provisions of Chapter 3.5, commencing with Section 75. 1st Installment $16.54, PAID.2nd Installment $16.54, PAID. Ccpy of tax bill has been ordered. kip wrl, 4548 . - I. r I. AOCMX.4 vow to s%guia.14., per- "is. ail* *41. pl.* 1. b.U.s.4 I. be ss p.1%. *4. 1ALUI7 t' 9 ) 4. PARCEL MAP 1.1mom GINFI' % ___________ STATE OF CALIFORhIA) OR I.E. THE L*I)ERSIGRED, BEING ALL 1W PARTIES HAVING NIX RECORD TITLE INTEREST IN 14 COUNTY OF SAN DIEGO) BCTC4E RE, 11€ tjwiD LNi) COVERED BY THIS PARCEL PP, DO HEREBY CONSENT TO THE PREPARATION i) TIOR PUBLIC IN NO FOR SAID CCJJIXY AM) STATE, PERSOIBELY APPEARED JACK OF THIS NAP AS SHOWN WITHIN THE BEAC CORED 104W URE. I.USTEP, NGJ4 TO IC TO BE VICE-PRESIDENT AND RICHARD 1NC)E, 0011 TO RE TO BE ASS ISTLlT VICE-PRESIDENt OF (111(14 BN. A CALIFORNIA COR- PORATION, ViE CORPORATION THAT EXECUTED 11€ WITHIN UNION BAlM, A CALIFORNIA CORPORATION, AS (1.1CR Ni) AS TRUSTEE LAW DEED OF au TO IC TO BE TIC PCT5OS (10 EXECUTED TI-C SNE OR &I*J OF SAID CO- RECORDED HAY 1, 1973 AS FILEfiBOE SI). 73-11511, BOON 1973 OF OFFICIAl. RECORDS: TION Ni) BEE)0.LEIXED TO Of THAT SAID CORPORATION EQJ) 11€ SAlt. 12L.JL 10 ITS BYL6 OR A 105(1,111104 OF ITS IDABO OF DIRECTORS- .._,.__. 1Y:cZ.ih'V'A.1 BY: IN 611)435 lACREIB. I ROW IEIEIJ4TO SET MY SORE) NO AFFIXED HE IE)TMIM. AACK L.LBSIER. VICE-PRESIDENT RICHARD TRI)Ci)E, ASSISTANT VICE-PRESIODIX SEAL. THE DAY NO REAR IN THIS CERTIFICATE FIRST 1006 WRITTEN. mOR14ISsIol?PIRESse—A. /9 .1MI CAPO.. J. KL* i__c... NOT MY PUNK IN AM IM J/ I., 4 SAID CAJITY IS STATE LE. THE (4ERSIGl0. CNILSEAO I4J4ICIPAL WATER DISTRICT, HEREBY CERTIFY THAT WE ARE INTERESTED IN TIE 1*14) EMBRACED WITHIN THIS PARCEL MAP BY VIRILE OF NV EASDUIT RECORDED OLTORER 21, 1974 AS FILE/PACE 14). 74-279525. BOON 1974 OF OFFICIAL RECORDS OF SAN DIEGO COJVTY, AND IEREBY CONSENT 1011€ PREPARATION DJI) RECORDATION 0 THIS pca lop. CMLSAAC MUNICIPAL LITER DISTRICT PRESIDENT F4) W. MAERI(LE SECRETARY- W. D. CARMICHAEL THE SIGOATLITE OF THE 501 DIEGO GAS & ELECTRIC CCIi'PJlY HOLDER OF AN EASOCRIT AS DISCLOSED BY DEED RECORDED FEBRUARY 11, 1974 AS FILE/i'At€ NO. 74-034767 &Ok 1974 STATE OF CALIFORI,IA) SS ON IHISfD4Y OF___________ , 1976. OF OFFICIAL RECORDS; AlL) THE SIGI1ATIRE OF TIC PACIFIC TELEP*04E NI) TELLGRAPH C(1AlIV, CIAJITY OF SAN DIEGO) BEFORE 1€, THE LJE€RSIGI€D. A NOTARY HOLDER OF oi EASEMENT AS DISCLOSED BY DEED RECORDED JUNE 19, 1974 AS FILE/PAGE SI). .&IC IN AND FOR SAID CORIITY NE) STATE. PERSONALLY APPEARED 74-16344) bC 1974 OF OFFICIAL R'ECOROS OF 501 DIEGO C(*JITY, HAVE BEEN (IIITIED LAW • L)II 10 RE TO BE PRESIDENT AND THE PROVISIONS OF SECT 1(11 66436, SUBSECTION (b-i) OF 11€ SUBDIVISION HAP ACT lI-Eli 001. 10 1€ TO BE SECRETARY OF INTEREST IS 5104 THAT II CAIRIOT RIPEN INTO A FEE hILL Ni) SAID SIGNATURES W NO CAD,.58.0 14J,ICIPE_ ...TER DISTRICT, 11€ 3ISTR lET 1101 EXECUTED THE ABOVE REQUIRED BY TIE Wt4IIE) BODY. CEBIrICA1E 4L 00,1, 10 IC TO BE 14 PERS016 (RE) EXECUTED TIE SANE 04 OF SAID DISTRICT. ARE) ACCOAA-DOW 10 IC 1501 SAID DISTRICT EXECUTED THE SIC. IN ..lT1€S5 IlEREOF. I HAVE IEREIJI10 SET MY 1401) Ni) AFFIXED MY 5I)1M!AL REAL. lit DAY NO YEAR IN This CERTIFICATE FIRST MOW (IITTEN. RN C(1$lS5ION (JPIi5_.L MIC IN ANC FOR I SAiD caMY as STATE BREET 1 OF 2 SHEETS HINOR SUBDIVISION NQ.UO LELAL DESCRIPTIftI 101 1 OF CAPLSBAR) TRACT NT. 73-48. 101 1)4 CII'! OF C11031M). COUNTY OF SARI DIEGO, STATE OF CALIFORNIA, ACCORDING TO $0' 7I€i.0 NT. 7915, FILED IN THE OFFICE OF THE COIMTY RECORDER OF SAID COIIITY. THIS HAP LOS PREPARED B) RE OR UNDER XI .0 IICCT 1(11 ARC IS BASED (WON A FIELD SURVEY IN UAFCØOICE WI)rI 14 REJI 10415 OF TIC S&NZIIVISIQI IMP ACT AT THE REQUEST OF 1141(11 60* (*1 M.AII-J1 1976. I ICREBY CERTIFY THAT IT In TIC APPROVED TENTATIVE IM 0*41 TIC ((*4)11106 OF APPROVAL THEREOF. PI /1 /'7' &OIE CITY ENGI NEk' S CE TIFI CATE THIS HAP C1WOII6 WITH TIE RE(1JIREIE!. S OF THE SUBDIVISION IVIF SET NC THE CITY OF CARLSBAD SLODIVISIOI ORDINOVI THIS MAP ((*10045 10 11€ APPROVED TE lIVE PARCEL IMP AND 0(13 NOT A.M TO BE A IMP OF A MAJOR SLROIVISICII F JIICH A FINAL IMP IS REQUIRED PLORN(T TO SECTION 66426 OF TIC SUBDIVISION ACT. '7.14 I SlOTH'! C. FLANAGAN '-''6 . -. '"'-' DATED:_ ;' CITY EDC.IIaR R.C.E. 1. ASSESSOR'S PARCEL WLI 2I6-200-U mt 1 furn hri fr •'t' . : $tfl hioh wt. h '' aund ,.. .. ... , - RCOROER 'S CERTIFICLLI 4ILLSG. 7-O7YZO ,FILED THIS .L..DA, OF.d..___—. 197k. AL.!......D'CUXLd_M., It- DOM OF PARCEL MATS Al PAGE .1 , Al THE RE06LST OF RElENT C. L.ID. I, HAI4L$V F. BLOTJI BY St! r'.fd.dC4il4dL%.*. caMY RECORDER DEPUTY FEE: I SITE - - vIcINIrr MAP LEGEND • .....INDICATES FOUND ASW44W 45 CSGQZKD AEV iWO/CA TES POUND A ?'IRO/ PIPE WIT/I T14 MARKED R.CE. 9414 PER MAP Ala 1441. A.... mo/CAFES F0440 STPW SURVEY AK.*T 45 Xso@IKD A •..... /NDIC4T(S 4I()VRPt Vq,TH /46 S44,QNED Z 5 JV89 OP Li40 MO 146 45 *07rD MECW 2/04' / (S WiTh' 146 MtW 45 JJJS A(TRZiSC BASIS OF BEAR/N 7WE $4I5 OPBEARINOS FOR rwfi MAP IS THE CENTER "ME OF RID/I/EQS WAY PER MAP NO. 646L, is. NOTES £ FOUL AREA • I.,?! ACRES Z. AN EASEMENT 70 PACIFIC TELEPhONE 41.10 TELE6e4MI COMPANY RECORDED JUNE /4.1974 45 FILE 40 74-45450, OFFICIAL RECORDS 4*4WF/.410 M SAID DEED AWl) C4/IVOT DEPW7710, REFERENCE £5 WOE 10 XCLIMEMT MR FULL PARTICL/L445. 3. A0 $R40/NO 15 .I0PO5ED K/Tarn ml JWWAW W lli/5 MI? 4. T..IS 154 PARCEL MAP 0F4 CONDOMINIUM PROJECT AS DEFINED *' SECTION /3.50 OF THE CIVIL CODE OF )WE '47( OF This plat is furnished for information only. It is compil ed from date v'hifi we believe to be correct but no fli'' It is assumed by this company as to accuracy of such c.o. ORANGE COAST TITLE CD U) 0 -1 cc LI) ('4 I-: CD F!) I-) LI) U- 0 z 0 cc 0 DDI%moRl L I MAP ! LOT 193 ID MW Z4 AMD ,--RCE9 p--,...s Il 4'STAI')I NO. 6462 LOT J92 T4( A2W )SOUTffl LOT 191 UNIT NO.2 I! PARCEL MAP NL 4548 ID IMO APP - w 00 • LOT 194 LA Th (L5 A NOTLRoISLEJ. 4 E45EMENT TO SazIE RECORDED FED II - FILE/Môt NO 74 O3477 R7IAhD SUT3*—.. Ii •' 4IRT PER MI? . 4S *9 4// 74" I'L.1S( 0kV) 4 - LOT 193 192 /9950 - • f1ca SCALE r • 40 .a CEL S 1p 'I Im SHEET 2 OF 2 SHEETS MINOR SUBDIVISION NO. 280 ... I II ~AAREETSLV AME*7AW*'EDj LOT I99 ICE 94/4 PER MAP AV 6W. fD31IOJIPP(WffH M6jMEEDRCE9l . !0' i) t) e: ); <0 -J a. -J 13- CAR LSBA LO PARCEL I 0.883 ACRES MAP TRACT N -0.73-48 4-. (X15T/AP /O'SEWERFASEMENT PER MAP I LVJ I PARCEL 2 P. I 1.088 ACRES f.01 10 NO.791 c ( 8 CITY OF CARLSBAD 1200 ELM NUE CARLSBAD, CALIFO A 92008 438-5621 REC'D FROM Ii / /2//7 iLyi3 I ( /Y722bA'/9( 4980-00 ACCOUNT NO. DESCRIPTION AMOUNT -?16 )'2n T ) </(1 1( OO RECEIPT NO. 99159 TOTAL I I 'ILl Li(J . 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., 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. ~ns . V• 2 Signature Date /('v SI! ZAI2CJ± Name (Print) 11 Relationship to Application (Property Owner-Agent) FORM: PLANNING 37. REVISED 3/80 is . SAME 2075 LAS PALMAS DRIVE CARLSBAD, CA 92009-4859 TELEPHONE (619) 438-1161 Citp at Cartba 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, a completed, signed, and notarized agreement to pay the Public Facilities 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 $34t.1, payable to "City of Carlsbad". 7/87 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. 216-200-24 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 22 day of AUGUST ,1990 by and between NOHTAN PARTNERSHIP #1 - (Name of Developer-Owner) a Partnership , hereinafter referred to as "Developer" (Corporation, Partnership, etc.) whose address is7143CaminitoPantoja,SanDiego,CA 92122 (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 . . A 12 unit two story townhomes on said Property, which development carries the proposed name of_____________ GOLF HEIGHTS and is hereinafter referred as "Development"; and WHEREAS, Developer filed on the 22 day of August with the City a request for 1 2 UNIT TOWNHOMES 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 . . 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 C 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: NOHTAN PARTNERSHIP # 1 By: SIAVASH KHADJEHZADEH Managing Partner (Title) By: CITY OF CARLSBAD, a municipal corporation of the State of California By: MARTIN ORENYAK For City Manager (Title) ATTEST: ALETHA L. RAUTENKR.ANZ, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney A (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) REV 3-1-88 6 STATE OF CALIFORNIA COUNTY OF )c-) } SS. (SEAL) ' On foo'jr ,iJ () ,before me, the under- signed Notary Public, personally appeared ccx C\-e OFFICIAL SEAL .MICHELLE L. GUERRA I . NOTARY PUBLIC-CALIFORNIA _ee4rkniwrrt5The) or (proved to me on the basis of PRINCIPAL OFFICE IN w - Ui satisfactory evidence) to be the person _-i, whose SAN DIEGO COUNTY co ission Exp. MAY 6,1994 _____ name c.,, subscribed to the within instrument and acknowledged that executed the same. 0 z HomeFedBank SAV.193 S POOR QUALITY ORIGINAL (S) E IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: NOHTAN PARTNERSHIP # 1 ( 7a By: SIAVASH KHADJEHZADEH Managing Partner (Title) By: CITY OF CARLSBAD, a municipal corporation of the State of California By: MARTIN ORENYAK For City Manager (Title) ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR. City Attorney STATE OF CALIFOIA 1 COUNTY OF J SS. On B ,)i__\ '' ( , before me, the under- signed Notary Public, personally appeared \mC c\ c _(pee4-knowrTtThe) or (proved to me on the basis of fo satisfactory evidence) to be the person - whose name . I c subscribed to the within instrument and acknowledged that executed the same. (SEAL) ched.) 0 > 0 z OFFICIAL SEAL , 44 MICHELLE L. GUERRA NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Corm&on Exp. MAY 6,1994 SIGNATURE V-193 (10) 7 HomeFedBank S . EXHIBIT OAO LEGAL DESCRIPTION Parcel one of parcel map 4548, being a division of 1t 1 of Carlsbad tract no. 73-48 according to map thereof no,7915, filed in the county recorder of San Diego County. REV 3-1-88 7 . . IeIL S4& Carlsbad Municipal Water District 'WI 5950 El Camino Real, Carlsbad, CA 92008 WAT Engineering: (619) 438-3367 Administration: (619) 438-2722 Fax: (619) 431-1601 August 24, 1990 To: City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, California 92009 Attn: To whom it may concern Subj: Golf Heights, 2630 Pirineos Way, APN 216-200-14 CMWD Project No. 90-C-337 Responding to your request of August 22, 1990 the subject project has been reviewed by the District Engineering Department to determine whether compliance with the growth management performance standard will be maintained with the proposed development. The compliance with the standard will be met subject to the following conditions: 1. The entire potable and non-potable water systems for subject project be evaluated in detail to insure that adequate capacity and pressure for domestic, landscaping and fire flow demands are met. 2. The developer's engineer shall schedule a meeting with the District Engineer and City Fire Marshal and review the preliminary 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 charge will be collected at time of issuance of building permit. "Serving Carlsbad for over 35 years" . . Page two City of Carlsbad, Planning Dept. August 24, 1990 We ask that the above stated conditions be included as a condition of meeting compliance with standards. If you have any questions, please do not hesitate in contacting the undersigned. Very truly yours, F.' Engine ing Manager FJW:sjs CMWD 90-C-337 • LWe4A4 e"~ 46 ww"t, 14t4€ LOIS HUMPHREYS President July 12, 1989 STEPHEN DEERING Vice President ELAINE SULLIVAN Director JUDY HANSON Director City of Carlsbad WILLIAM SALflMAN 2075 Las Palmas Drive Director Carlsbad, Ca. 92009 JOAN GEISELHARI Manager Re: Sewer Service Availability for API1 216-200-24 Applicant: Siavash Khadjehzadeh Project Description: Fourteen (14) Unit Townhomes (Golf Heights) Gentlemen: The referenced project is located within the boundaries of the Leucadi-a 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 dwelling 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 W.V. Roehl Administrative Aide District Office: 1960 La Costa Avenue, Carlsbad, California 92009 P.O. Box 2397, leucadia, California 92024-0954 . (619) 753-0155 Printed nn recvrted nnner