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HomeMy WebLinkAboutCT 92-02; SAMBI SEASIDE HEIGHTS; Tentative Map (CT)CIT( OF CARLSBAD LAND USE REVIEW APPLICATION FOR PAGE 1 OF 2 El 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPT USE ONLY) Master Plan Specific Plan Prec:se Development Plan Tentative Tract Nap IX Planned Development Permit Non-Residential Planned Development Fj Condomiruum Permit Special Use Permit Redevelopment Permit Tentative Parcel Map 0 Administrative Variance fr f? General Plan Amendment Local Coastal Plan Amendment Site Development Plan Zone Change Conditional Use Perrmt ( Hillside Development Permit Environmental Impact Assessment Variance O Planned Industrial Permit O Coastal Development Permit Planning Commission Determination List any other applications not speciflced FOR E?T SE ONL(' 2o3 2) LOCATION OF PROJECT: ON THE Northerly SIDE OF 1a Ondas (NORTH, SOUTH EAST, WEST) (NAME OF STREET) BETWEEN [Paseo del Nortje AND Proposed Alga/Coll ege extension (NAME OF STREET) (NAME OF STREET) 3) BRIEF LEGAL DESCRIPTION: 4) ASSESSOR PARCEL NO(S). T 214-140-07 5) LOCAL FACILITIES I 20 6) EXISTING GENERAL PLAN T 7) PROPOSED GENERAL PLAN M/RvJ MANAGEMENT ZONE DESIGNATION - DESIGNATION 8) EXISTING ZONING JjIDM-Q 9) PROPOSED ZONING -p4 10) GROSS SITE &R-1-10-Q AQkEAGE &R-l-lO w 11) PROPOSED NUMBER OF 12) PROPOSED NUMBER 13) TYPE OF SUBDIVISION RESIDENTIAL UNITS 340 OF LOTS 342 RE S (RESIDENTIAL COMMERCIAL INDUSTRIAL) 14) NUMBER OF EXISTING RESIDENTIAL UNITS None I 15) PROPOSED INDUSTRiAL. N/A 116) PROPOSED COMMERCIAL M/ A OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE NOTE A MWPCSW PRAJECT REQUIRING Th&T IIJLTPL1 APKIC&MONS BE FILE Im.Er BE &TTE) PRICR TO 330 P.M. A. PRMM PROJECT REQUiRING THAT OM.Y OW APVL1GftIION 99 FUM AfJgr BE SUB&I7ED PRIOR TO 4 PJL FRM00016 8/90 CITY OF CARLSBAD - LAND USE REVIEW APPLICATION FORM PAGE 2 2F 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE r o% 1 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS Residtl 340 351 1 Comm Fac 11 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC Residtl 2992 3112 1 Comm Fac 120 20) PROJECT NAME: SAMBI 21) BRIEF DESCRIPTION OF PROJECT: 342 Lot, 340 unit Planned Residential Deve1opment=1 'P for s1e lots, L._204 -multi-fam ily units (2 lots)For Sale/Rent, nrp Community Facility lot one 2+ ac OpenSpace lot 22) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY PE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COM RS. I M B RS, OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PRO TV Th T IS SL E . I/WE CONSENT TO ENTRY FOR THIS PURPOSE SIGNATURE 23) OWNER 24) APPLICANT NAME (PRINT OR TYPE) NAME (PRINT OR TYPE) Donald A. AGATEP/ mrwtIr uiuiiARA AMERICA, Inc. TOYOIIARA AMERICA, Inc MAILING ADDRESS MAILING ADDRESS 8641 FIRESTONE. BLVD 2956 ROOSEVELT ST #1 CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE DOWNET, CA 90241 (2 13) 861-3808 CARLSBAD, CA Q2008 (619) 434-105 I CERTIFY THAT! AM THE LEGAL OWNER I CERTIFY THAT! AM THE LEGAL OWNER's REPRESENTATIVE AND AND THAT ALL THE ABOVE INFORMATION THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE IS TRUE AND CORRECT TO THE BEST OF BEST OF MY KNOWLEDGE. MY KNOWLEDGE. ** * * **** a * *•-* a ** * *** a FOR CITY USE ONLY FEE COMPUTATION: APPLICATION TYPE SI ATE DATE Feb. 12, 19 9 2 Feb 12, 199 2 ******* RECEIVED FEE REQUIRED c_ 7— Z-O2- P-f 23 ic2S'0O ,00 (O.00 kD7 92.a3 5 ?Z-C 5Z0. 0 o FEB 14 1992 CITY OF CARLSBAD DATE !PFcCD RECEIVED BY: J/)AJ 614— 1 TOTAL FEE REQUIRED I I DATE FEE PAID I z—ic'-qz-- I RECEIPT NO. J //Lf(( EXHIBIT RK LEGAL DESCRIPTION Tne North Half of a parcel of land described as follows: The Soutn Half of the Southeast Quarter and the South 60 acres of the I-Iorth Half of the Southeast Quarter of Section 21, Township 12 South, Range 4 West, SanBernadino Base and Meridian, in the County of San Diego, State of California, according to United States Government Survey approved October 25, 1875, excepting that portion described as follows: Beginning at a point 40 rods Wist of the Southeast corner of said Section 21, Township 12 South, Range 4 West, running thence East 40 rods to the Southeast corner thereof; thence North 20 rods to a point; thence West parallel with the South line of said Section, 18 rods to a point; thence in a direct Southwest line 29 rods to Point of Beginning. Also excepting therefrom that portion thereof, if any, lying within the boundaries of the Rancho Agua Hedionda as shown on Miscellaneous Map No. 29, filed in the Office of the County Recorder of said San Diego County on June 21, 192. Form Approved By City Council April 22, 1986 Ro. 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U19-1p iUJOS 338330 bUtAO_1d pOOJ [G[[OJO€1 o 'puo (siiut1 8iqpJOJJ O9) i3c3tOJd O1 7jUG3GJ hUWrJ_UflUi Ufl I 'UOLSUG1XG P?.1 D6/pA[g 331103 -lot fljooj Iiitunwwoj 3 +O '101 @or.-dS uGcirJ 3o+cs7., o sGprIIUu! 11011383 f[JG1SOG aqU. 3811 I U3OJ iuriiuiuoa j ciiqnd 'SGdfli 6Uisnoq JO flGUOA OZtU3 apt/.ojd 01 pOU5tSGp SOM U0t13&3 L1 3013 SGA& ? iflflO3 q1JOU GIfl WOJ 'S81 -J3dCt_1d 1U830[pO 01 9811 [130J JGMGS 'ç uo_ip iiuo s '338330 030[ 338330 1UGWGIJ UU1O[fl3J3 pa _I1nbaJ GpAoJd 01 pGuisGp SOM 139fOJd -GiU_ GU )lJOd poqsJo3 JO h l3 pGsodOJd 8111 01 1U33PO iIO!1385 5 IJG1S 8M 8111 pU UO!SUG1XG P C-'/PA 8581103 JO 13GM S t '1JOU3GS MGA'8EppW Gill •UO31.18iX8 P V/PA[G 853[[03 p8SOOJd JO 1308 'U0l1383 flIJGiSOG GUI S1UGUOdWO3 88Jlfl Oifl pGp/p l iOaIOJd 814j •41JOil lflflOS GIfl 01 PUOI lirn3oA PU G1 1 9 >IJOd hi [3 pGsodoJd 3i1j U0830 8111 JO 3MGIA flq Is @,,,% GIll U0 ' 1UGIUSO3 399J5 110 pLJP SMGA fiJliIflOD zoq fiq 1508 8111 lie GJ8JO '1 3GM 011 908 WOJJ sGdos ñ[1 1185 8 1 13 138[OJd all •pj O6[V/p/[9 8681103 JO U013U81X8 pGSOdOJd 8111 Fiq PGSJGAOJ1 51 'PUO GU01 011485i110d JO IflJOU p0O 1JOdJ JOWOIOd JO hIJaqinos 'O GUOZ 1UGUJGuON 9G[Ti[i3O [0301 JO liotiJod 1UG1SGM 8111 Lit PG1'30i si i3GIOJd iQiJJ0 30 9 pGsOdOJd Gj UO!ueidx9/uoRduDs9a ,ciess000u J! 190113 wnpuoppe ue eSfl UO!O!ldd 0111 sjo ssouaeudoidde .io 'ioj suoseei 01 Ouipie8oi sluowolels 6u!ljoddns pue uoilewiojut punoJ63eq Aue Opnpu! ose Aew ooFoid pesodoid O1 o uoieiedo io/pue odoos at4l u!eldxa AIenbope 01 ciessaeu seop Aue epnpuj 000id pesodoid O2 Anj 93S9 9S0ld Y PTU 0 E[ 0/3 )U 6 voiamv VHV.HOAOLL :9VNJNVOflddV giIWVg - :3Qj NOjV1dX3/NOIJ.dfE3s2a 13d . AE 'TION FOR COASTAL DEVELOPMEN?IT APPENDIX B FCTION A (To be completed by applicant)] Applicant TOYOHARA ANERIC7 GRP - Project Name : SAMBI (Sarnbi Seaside Heights) Project description Planned Unit Development/Vesting Tentative Map for. 349 dus and 2 Community Facility Lots; Restdential units = 129 single family lots, 76 townhanes, 72 condominiums & 72 apartment units. Locati ort: Southerly of Palomar Airport Road, northerly of Camino de las Oridas, Westerly of proposed extension Alga Rd., Easterly of Paseo Del Norte. Assessor's Parcel Number: 214-140-07 ISECTION B (To be completed by local planning or building inspection departrnent)f Zoning designation RD-g / R -1 -10 .) 000 —du/ac General or Community Plan designation --/_Rt_v G''--du/ac LocalDiscretionaryApprovals - O Proposed development meets all zoning requirements and needs no local permits other than building permits. Proposed development needs local discretionary approvals noted below. Needed Received El 0 Design/Architectural review 0 El Variance for 0 0 Rezone from Tentative Subdivision/Parcel Map No. Y P Z O 0 Grading/Land Development Permit No.__________________ Planned Residential/Commercial Development L'2 72 _c2 y Site Plan Review $p? 7Z ,7-> /_zz - 0 0 Condominium Conversion Permit El El Conditional, Special, or Major Use Permit No._____________ 121 Other Df 72-c3 /3-2-2- y CEQAStatus El Categorically Exempt - Class Item ___________ Negative Declaration Granted Yç4 22 Environmental Impact Report Required, Final Report certified__' Prepared for the /County of by Date 2- Title 5o•' Carlsbad DISCLOSURE STATEMENT APPLICANTS 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' inforrria'tion must be disclosed: 1. Applicant List the names and addresses of all persons having a financial interest in the application. TOYOHARA AMERICA, Inc c/o flnn1 l\ T14AT1'.P (DBA) Sunbelt Planning Co. 26 Roosevelt St #1 8641 Firestone Blvd Carlsbad, CA 92008 Downey,CA 90241 Owner List the names and addresses of all persons having any ownership interest in the property involved. TOYOHARA AMERICA, Inc. (DBA) Sunbelt Planning Co. 8611 Firestone Blvd Downey, CA 90211 If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names anc addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. Seizo H. T0YOHARA;Q]airnnof the Board Kazuyuki KAWAKITA; Director, President 10355 Brookshire Ave 11432 Hanover Ct., Cerritos, Ca. 90701 Downey, CA 90241 Sayoko AOYAGI; Treasurer Kinko K. TOYO}-IARA; Director, Secretary 16510 Stonehaven Ct. Same as above La Mirada, Ca. 90638 If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. N / A FRM00013 8/90 2075 Las Palmas Drive • Carlsbad. California 92009-4859 • (619) 438-1161 3. 4, (Over) Disclosure Statement " Page 2 5. Have you had mord than $250 worth of business transacted with any member of City staff. scars 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.) 0 Signature--ot T&T SignatureDpHcanUdate' HIROMICHI TOYOHARA HTROMTCT-IT TYflHAPA Print or type name of owner Print or type name of applicant FRM00013 8/90 f:,' 40 0 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. 1. -..i.u.r--- __4tIL__ r.,W! I1V7 REB 12,1992 Date HIRO1VIICEI TOYOIARA C.E.O. OWNER Name (Print) Relationship to Application (Property Owner-Agent) FORM: PLANNING 37. REVISED 3/80 CITY OF CARLSBAD HONG COMMISSION REVIEW APCATION _=~I-APP=LICAINT/DEVELOPNEENT TEAM INTORNLATION Name of Applicant: WYOHARA AMERICA INC Mailing Address: 8649 FIRESTONE BLVD LOWNEY, CA 90241 Telephone No.: (310) 861-3808 Identify Development Team (ie., developer, builder, architect, etc.): 1 Toyohara America Inc.; K.Kawakita Pres - DEVELOPER 2) Planning Consultant- Dan Agatep 3) Civil Engineer -Lend Space Engineering! Alex Pantich 4) Architect- Kunio Inoue, AlA 5) Landscape Architect - Planning Systems! Steve Ahies, H. GENERAL PROJECT INFORMATION Project Name: SAMBI SEASIDE HEIGHTS Describe General Location of Project: 1/4 mile north ofPoinsettia Ln; Northeast corner of future Alga Rd & future extension of Camino de las Ondas. Eastern 25% of APN 214-140-07 Project Address: Northeast corner of future Alga Rd & future Camino de las Ondas Site Parcel No(s).: Lot 133 of Vesting T.M. CT 92-02/PhD 92-03 Total Number of Affordable Units Required (if applicable): 63 units Total Number of Affordable Units Proposed: 63 affordable units of 72 apartment units Type of Units (1 e., garden apartments, detached, etc.): Proposed 72 unit Garden Appartrnent Project Size (in square feet) of each Unit: Bldg Typ 1 = Unit A 551 sqft/studio; Unit B-lBd/lBa(713 sqft) Unit C- 2Bd/2Ba (985 sqft); Unit E- 3Bd/2Ba (1017 sqft) 'iype 131dg u. - unit u 2/2a (887 sqfL) Bedroom Size Distribution of Units: 10 X 551 sqft (16%); lOX 1 Bd-713 sqft (16%); 31 2Bd/Ba (both types)= 49% 12 X 3 B,/Ba (1817 19% qft) - Describe any special features/amenities to be included within project: Sambi Garden Apartments provides: Unobstructed views of the back country, 2 covered parking spaces , totlot/wading po 1 5 BBQ areas, Adult pool/spa, Multi-purpose play areas & seperate Basketball/ Volleyball Facility Housing Commission Review Application Page 1 11193 A III. TER\IS OF AFFORDA ITY FOR AFFORDABLE UNITS (ATT. ADDITIONAL INFO}L\IATION IF NECESSARY) Targeted Income Levels (as % of area median): 80% Target Population (ie., famili, seniors, etc): Semi—retired, young couples/young familes Monthly Rent (by bdr. size) Price of Units: Bldg Typ I 551 sqft Unit A = $499/mo Bldg typ II 2Ed/Ba 887 sqft =$840/i 1 Bd/Ba-731 sqft Unit B.= $720/mo Unit D 2 Bd/Ba-985 sqft Unit E = $910/mo 3 Bd/Ba=1 017 sqft nit B = $935/mo Term of Affordability (ie., 30 yrs, life of project, etc.): 30 yrs Projected Schedule for Construction of Affordable Housing Units: within 5 yrs of recordation of Final Map If the affordable units are being constructed to satisfy the City of Carlsbad's Inclusionary Housing requirement, how will they be phased with respect to construction of the market rate units? Please Explain Project Phasing: Single Phase- within 5 yrs of recordation of Final Map IV. FINANCIAL INFORMATION ON AFFORDABLE HOUSING PROJECT Please attach a copy of development and operating financial proformas showing sources and uses of funds to accomplish the affordable units proposed in this application. In the proformas, please identify your subsidy sources and appropriate justifications for use of these sources. Describe the local financial assistance or incentives, if any, including specific terms desired for the affordable housing project which you are, or will be, requesting from the City of Carlsbad: N/A Identify any other project conditions which may be relevant to project feasibility: Project affordability could be enhancedby: 1) Reducing City of Carlsbad Impact Fees 2) Modification to Carlsbad District Fees for "Affbrdble Units" especially units and units for semi-retired individuals. Housing Commission Review Application Page 2 12/8/93 V. REQUIRED ATTACILMETO APPLICATION The following items must be attached to this application: • Site Development Plan-Tor Affordable Housing Units; • Narrative describing how the project meets the Housing Needs and Priorities as expressed within the City of Carlsbad's Housing Element and Comprehensive Housing Affordability Strategy; • Narrative on the project's consistency with the City of Carlsbad's Affordable Housing Policies as expressed in the Housing Element, rnclusionary Housing Ordinance, General Plan and other related documents; • Development and Operating Financial Proformas indicating sources and uses of funds for the project, including justification and identification of subsidy sources; • Complete description of financial assistance or incentives including specific terms that are, or will be requested from the City of Carlsbad for the project, if applicable; and, I • Completed Disclosure Statement of Ownership Interests within the project. I VI. APPLICATION SIGNATURES Property Owner Name Address and Telephone No.: 'IOYOHARA ARICA INC 8649 Firestone Blvd, Downey, CA 90241 (310 I, the u si) gned, d3o8leby certify that I am the legal owner of the subject property and that the above information is true and correct to the best of my knowledge. Signature Dec 31, 93 I, the undersigned applicant, do hereby certify that I am the representative of the legal owner of the subject property and that the above information is true and correct to the best of my knowledge. Applicant Don Aqatep, Signature: THE BOX BELOW IS FOR CITY USE Date Application qY Application Received By: America, Inc DateDec 31, 93 AHP #9-3 Staff Recommendation: ,pp r j L L)f ?( TI ê- Date of Housing Commission Review: I Ii Action on Application by Housing Commission: Other Comments: Housing Commission Review Application Page 3 1218 93 \ . MAIN OFFICE 1843 HOTEL CIRCLE SO., #100 SAN DIEGO, CALIFORNIA 92108 (619) 296-8300 . NORTH COUNTY BRANCH 138 ESCONDIDO AVE., #205 VISTA, CALIFORNIA 92084 (619) 941-9191 FOUNDERS TITLE COMPANY 2ND AMENDED PRELIMINARY REPORT SUNBELT PLANNING C/O DON AGATEP 2956 ROOSEVELT, #1 CARLSBAD, CA Attention: H. TOYOHARA Your Ref.: Our No.: 307294-1 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, FOUNDERS TITLE COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN SCHEDULE 1 AND SCHEDULE 1 (CONTINUED) ATTACHED. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF: November 22, 1991 at 7:30 A. M. FOUNDERS TITLE COMPANY / BY: TITLE OFFICER RECEjJp )' LORI ORCHARD MAIN OFFICE (619) 296-8300 FEB 14 1992 mjg/rd/djw CITY OF CARLS8AD ex: j PLANNING DEPT. . Ej SCHEDULE "A" ORDER NO. 307294-1 PAGE NO. 2 THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: SUBDIVISION GUARANTEE THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: AFEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: SUNBELT PLANNING CO., INC. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: SEE ATTACHED DESCRIPTION . 0 DESCRIPTION ORDER NO.: 307294-1 PAGE NO.: 3 The North Half of a parcel of land described as follows: The South Half of the Southeast Quarter and the South 60 acres of the North Half of the Southeast Quarter of Section 21, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to United States Government Survey approved October 25, 1875, excepting that portion described as follows: Beginning at a point 40 rods West of the Southeast corner of said Section 21, Township 12 South, Range 4 West, running thence East 40 rods to the Southeast corner thereof; thence North 20 rods to a point; thence West parallel with the South line of said Section, 18 rods to a point; thence in a direct Southwest line 29 rods to Point of Beginning. Also excepting therefrom that portion thereof, if any, lying within the boundaries of the Rancho Agua Hedionda as shown on Miscellaneous Map No. 29, filed in the Office of the County Recorder of said San Diego County on June 21, 1920. Order No. 307294-1 Page No.: 4 SCHEDULE B AT THE DATE HEREOF, EXCEPTIONS TO COVERAGE IN ADDITION TO THE EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 1991-1992. First Installment: Open Second Installment: Open 2. The Lien of Supplemental taxes, if any, assessed pursuant to the provisions of Section 75, at. seq. of the Revenue and Taxation Code of the State of California. 3. An easement for the purpose shown below and the rights inci- dental thereto as set forth in a document Granted to: San Diego Gas and Electric Company Purpose: Right to place and maintain an anchor to support a line of poles and wires Recorded: July 15, 1947 File No.: Book 2434, Page 383 of Official Records Affects: As follows: The Northerly 24.94 acres of Lots 1 and 2 in Section 21, Township 12 South, Range 4 West, San Bernardino Meridian, said anchor to be located at a point which bears North 89°43'lO" East, 825.36 feet; thence South 1 0 55' West, 10.0 feet from the Northwest corner of said Lot 2. 4. An easement for the purpose shown below and the rights inci- dental thereto as set forth in a document Granted to: San Diego Gas and Electric Company Purpose: poles, wires and anchorage for the transmission and distribu- tion of electricity and inci- dental purposes Recorded: August 31, 1949 File No.: Book 3305, Page 151 bf Official Records Affects: As follows: amended: 12/3/91 0 . SCHEDULE B CONTINUED: ORDER NO.: 307294-1 PAGE NO. 5 Beginning at a point on the North line of said Lot 2, Section 21, Township 12 South, Range 4 West, distant thereon 331.26 feet Easterly from the Northwest corner thereof; thence from said Point of Beginning South 10 0 46 1 50" West, 718.44 feet. 5. An easement for the purpose shown below and the rights inci- dental thereto as set forth in a document Granted to: Purpose: Recorded: File No.: Affects: San Diego Gas and Electric Company Steel towers, poles, wires and anchorage for the transmission and distribution of electricity and incidental purposes March 5, 1957 Book 6482, Page 331 of Official Records The route thereof affects a portion of said land and is more fully described in said document RF An easement for the purpose shown below and the rights inci- dental thereto as set forth in a document Granted to: CARLSBAD MUNICIPAL WATER DISTRICT Purpose: pipelines Recorded: November 9, 1961 File No.: 194687 Series 2 Book 1961 of Official Records Affects: The Westerly 10 feet and the Westerly 927.6 feet of the Northerly 10 feet 7. A Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: $1,065,000.00 Dated: December 19, 1979 Trustor: NIPPON K.T.S., INC., a California corporation Trustee: CALIFORNIA FIRST BANK, a California corporation Beneficiary: LITA E. WESTON, a married woman as her sole and separate pro- perty Recorded: January 4, 1980 File No.: 80-002794 of Official Records 1 0 SCHEDULE B CONTINUED: . ORDER NO.: 307294-1 PAGE NO. 6 8. An Agreement to which reference is hereby made for full par- ticulars Dated: October 18, 1982 By and Between: SUNBELT PLANNING COMPANY, LTD., formerly known as NIPPON K.T.S., INC, a California cor- poration, and THE CITY OF CARLSBAD Regarding: Payment of a public facilities fee Recorded: December 6, 1982 File No.: 82-373118 of Official Records 9. A Record of Survey Map purporting to show various boundaries and dimensions of said land. Map No. 9812 10. A Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: $700,000.00 Dated: October 31, 1984 Trustor: SUNBELT PLANNING CO., INC. Trustee: COMMONWEALTH LAND TITLE INSURANCE CO., a California corporation Beneficiary: THE KYOWA BANK OF CALIFORNIA, a California State Chartered Bank Recorded: April 22, 1985 File No.: 85-136746 of Official Records 11. The fact that said land does not abut a dedicated road or highway, or an easement for access appurtenant thereto. 12. Before issuing its Policy of Title Insurance, this Company will require evidence, satisfactory to this Company, that the Corporation named herein: Name: SUNBELT PLANNING CO., INC. (A) Was duly incorporated on June 5, 1984, the date of title was acquired by the said corporation; and - (B) Is now in Good Standing and authorized to do business in the State or Country where said corporation was formed. 0 . SCHEDULE B CONTINUED: ORDER NO.: 307294-1 PAGE NO. 7 TAX INFORMATION: Fiscal Year: Code Area: Parcel No.: Land: First Installment: Second Installment: 1991-1992 09157 214-140-07 $1,846,773.00 $10,087.31 OPEN $10,087.31 OPEN NOTICE EFFECTIVE JANUARY 1, 1990, ASSEMBLY BILL 512, ENACTED AS CHAPTER 598, HAS ADDED SECTION 12413.1 TO THE CALIFORNIA INSURANCE CODE DEALING WITH THE "GOOD FUNDS" ISSUE. FUNDS DEPOSITED BY: :CASH AND BY ELECTRONIC TRANSFER ("WIRED FUNDS") WILL BE AVAILABLE FOR SAME DAY DISBURSEMENT. :CASHIER'S CHECKS, CERTIFIED CHECKS, AND TELLER'S CHECKS WILL BE AVAILABLE FOR NEXT DAY DISBURSEMENT. :ALL OTHER TYPES OF CHECKS WILL NOT BE AVAILABLE FOR DISBURSEMENT UNTIL THE DAY PROVIDED IN REGULATION CC ADOPTED BY THE FEDERAL RESERVE BOARD OF GOVERNORS. :A DRAFT WILL NOT BE AVAILABLE FOR DISBURSEMENT UNTIL THE DRAFT HAS BEEN SUBMITTED FOR COLLECTION AND PAYMENT RECEIVED BY OUR BANK. IF YOU ANTICIPATE HAVING FUNDS WIRED TO FOUNDERS TITLE COMPANY, OUR WIRING INFORMATION IS AS FOLLOWS: WELLS FARGO BANK 420 MONTGOMERY STREET SAN FRANCISCO, CA. 94163 ABA NUMBER 121000248 CREDIT TO FOUNDERS TITLE TRUST ACCOUNT NO. 4652053687 WHEN INSTRUCTING THE FINANCIAL INSTITUTION TO WIRE FUNDS, IT IS VERY IMPORTANT THAT YOU REFERENCE FOUNDER'S TITLE ORDER NUMBER. SHOULD YOU HAVE ANY QUESTIONS IN THIS REGARD PLEASE CONTACT YOUR TITLE OFFICER IMMEDIATELY. 0 , SCHEDULE 1 40 CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990. The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of; 1. (a) An law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. l)efe Is, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not dis losed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy. (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. b. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on 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, interests or claims which are not shown by the public records but which could be 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 boundary 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) Unpaterited 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 shown by the public records. AMERICAN I.AND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 (AMENDED 10-17-70) SCI IEDULE OF EXCLUSIONS FROM COVERAGE 1. An law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownerships or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. ITG 31571: (Rev 04-06-90) 0 SCHEDULE 1 (Continued) 0 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 (Rev. 4-6-90) WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE The follue. 'rig matters are expressly excluded from tile coverage of this policy: 1. Aiv law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the efti', t of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public 'i urds at Date of Policy. 3. l)t is, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. birenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business laws" of the state in which the land is situated. 5. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - (4-6-90) WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys fees or expenses which arise by reason of: 1. (a) An law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or , a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of Ihe exercise therof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained lithe insured claimant had paid value for the insured mortgage. Upenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the nahility or failure of any subsequent owner of the indebtedness, to comply with applicable "doing business laws" of the state in which 'e land is situated. 'alidity or unenforceability of the lien of the insured mortgage, or claim thereof, whkh arises out of the transaction evidenced ,, the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. FTC 3157-C (Rev 4-6-90) SCHEDULE 1 (Continued) AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1979 EXCLUSIONS In addition to the exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: land use improvements on the land land division environmental protection This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless a notice of taking appears in the public records on the Policy Date. 3. Title Risks: that are created, allowed, or agreed to by you that are known to you, but not to us, on the Policy Date - unless they appeared in the public records. that result in no loss to you that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks. 4. Failure to pay value for your title. 5. Lack of a right: to any land outside the area specifically described and referred to in Item 3 of Schedule A or in streets, alleys, or waterways that touch your land. This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Any facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by making inquiry of parties in possession of the land. 2. Any liens or easements not shown by the Public Records. However, this does not limit the affirmative coverage in Item 8 of covered Title Risks. 3. Any facts about the land not shown by the Public Records which a correct survey would disclose. However, this does not limit the affirmative coverage in Item 12 of Covered Title Risks. 4. (a) Any water rights or claims or title to water in or under the land; (b) unpatented mining claims; (c) reservations or exceptions in patents or in acts authorizing the issuance thereof. FT. 3157-1 1 (Rev 4-6-90) .4 '•'.1 "Notce this is nelthSC' piat nor aaurvey. it n hwfltSh trelY as a conveflIceto aid you in locating the land in- catsd hereon with I.en° to streets and other land No Ii*biiltY ,s assumed by reason of any reliance hereon. I .. .' -i ; • / 7 ,1 'iI i2 'SHTI .1 7P-2, - O(' I VFSiO1 TO ACREAGE OF A PO[T1ON I A r--)cTA IJNTT ND I POR SEC 21 - TI2-R4VI L' 339, ROS 8529, 9912 ""ke this is nslthsr a pist nor a survey. it is lurnisti.d merely as a convenience to aid you in locating the land in. d,-.'ted heron with reference to streets and other 1. j. rsu .. :urned by reason of any reliance lw ra IL V .. ....V .,.V j.. ..................... I 0 - 1~ 0 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) ) CITY OF CARLSBAD ) 1200 Carlsbad Village Drive ) Carlsbad, California 92008 ) Space above this line for Recorder's use Parcel No.APN 214-140-07 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 12th day ofF e b ru ary 1992 by and between TOYOHARA AMERICA, INC (Name of Developer-Owner) a CORPORATION , hereinafter referred to as "Developer" (Corporation, Partnership, etc.) whose address is86Lt] Firestone Blvd flnwnPy ) flA 9021 (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 Carlsbad Village Drive 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: 40 unit Residential Planned Development on said Property, which development RECEIVED carries the proposed name of SAMBI and FEB 14 1992 Form Approved By City Council April 22, 1966 Ro. No. 9169 1 CITY OF CARLSBAD PLANNING DEPT C-11 ?2-o ~-- 0 ~ 1 0 is hereinafter referred as "Development"; and WHEREAS, Developer filed on the lath day of February, 1923 with the City a request for Tentative Map (Vesting), Planned Development Permit & a Hillside 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. 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. Form Approved By City Council April 22, 1986 Reso. No. 9169 2 . . 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. 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 Form Approved By City Council April 22, 1986 Reso. No. 9169 3 0 L-1 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. 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 is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. 8. This agreement, shall be binding upon and shall ensure to the benefit of, and shall Form Approved By City Council April 22, 1986 Ro. No. 9169 4 . . apply to the respective successors and assigns of Developer and the City, and references to Developer or City herein shall be deemed to be reference 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. Form Approved By City Council April 22, 1986 Reso. No. 9169 5 0 I JANUARY 17, 1997 TO: CITY CLERK FROM: Housing & Redevelopment Director RECORDATION OF AFFORDABLE HOUSING AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY BETWEEN THE CITY OF CARLSBAD AND SAMBI SEASIDE HEIGHTS, L.L.C. Per your request, authorization is hereby given that the above-referenced original agreement be officially recorded. Thank you. Amill 6of C'r EVAN E. BECKER Housing & Redevelopment Director / Attachment ar RECORDING REQUESTED BY: City of Carlsbad WHEN RECORDED MAIL TO: City of Carlsbad City Clerk's Office Attn.: City Clerk 1200 Carlsbad Village Drive Carlsbad, California 92008 1725 DO 1997-0045122 03-FEB-1997 08:53 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY SMITH, COUNTY RECORDER RF: 19.00 FEES: 49.00 AF: 29.00 MF: 1.00 (Space above for Recorder's Use) AFFORDABLE HOUSING AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY This AFFORDABLE HOUSING AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY ("Agreement"), entered into this / 'IIi day of//tk1996, by and between the CITY OF CARLSBAD, a Municipal Corporation (hereinafter referred to as the "City"), and SAMBI SEASIDE HEIGHTS, L.L.C., (hereinafter referred to as the "Developer"), is made with reference to the following: A. Developer is the owner of certain real property in the City of Carlsbad, in the County of San Diego, California (hereinafter referred to as the "subject property") described in Exhibit "A," which is attached hereto and incorporated herein by this reference. B. Developer wishes to construct 235 residential housing units for sale at prevailing market prices ("Market Units") and 42 residential housing units for sale at affordable prices ("Affordable Units") on the subject property. The City has approved Carlsbad Tentative Tract Map Number CT 92-02(A), Planned Unit Development Number 92-06(A), and Site Development Plan Number SDP 92-06(A), for the proposed development. The City issued this approval subject to certain Conditions of Approval, including a condition requiring the SAMBI.AGREE 2 11/07/96 / Anita I . Developer to enter into an Affordable Housing Agreement in which Developer agrees to provide 42 dwelling units affordable to lower-income households. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Satisfaction of Affordable Housing Obligation and Conditions of Approval. In order to satisfy the Conditions of Approval and requirements of the City's Inclusionary Housing Ordinance, Carlsbad Municipal Code Chapter 21.85, Developer shall provide a total of forty-two (42) Affordable Units which shall be initially restricted and affordable to lower income households. This Agreement is an Affordable Housing Agreement pursuant to Section 21.85.030(b)(5) of Chapter 21.85 of the Carlsbad Municipal Code. Developer shall submit this Agreement to City and Agreement shall be executed prior to the approval of the final map for the subject property. 2. Terms Governing Provision of Affordable Units. 2.1. Obligation to Provide Affordable Units. 2.1.1. Developer shall provide Affordable Units in relation to Market Units ("Market Units") on the Subject Property according to the following chart: Maximum Allowable Number of Income Level Ownership of Buyers of Affordable Affordable Number of Bedrooms Units Units 2 - Bedrooms 12 80% AMI* 3 - Bedrooms 30 80% AMI TOTAL 42 San Diego County Area Median Income (AMI). SAMBLAGREE 2 OA 11/07/96 /AnUa I S Schedule for Developing Affordable Units. 2.2.1 Developer shall begin construction of the Affordable Units before the date on which building permits have been issued for one hundred (100) Market Units on the Subject Property. 2.2.2 Developer shall complete construction of all forty-two (42) Affordable Units and make them available for purchase within eighteen (18) months of the commencement date of construction of the Affordable Units. 2.3 The Affordable Units shall be developed in accordance with the approved Site Development Plan SDP 92-06(A). 2.4 Terms for Sale of Affordable Units. 2.4.1 The Schedule of Maximum Eligible Buyer Incomes and Affordable Subsidized Purchase Prices (the "Schedule") attached hereto and incorporated herein as Exhibit B sets forth the City's requirements for maximum household income of buyers of the Affordable Units ("Eligible Buyers") and the methodology for calculation of the subsidized purchase prices of Affordable Units which will be affordable to each of the Eligible Buyers (the "Affordable Purchase Prices"). The Affordable Purchase Prices will vary depending on the actual household income of the Eligible Buyer. The Schedule also includes initial estimates of Eligible Buyer actual incomes and the corresponding Affordable Purchase Prices. The Final Schedule shall be established prior to sale based on the San Diego County Area Median Income and the cost factors applicable at the time. The Final Schedule shall be submitted by the Developer and approved by the City's Housing and Redevelopment Director prior to the marketing of the Affordable Units. 2.4.2 The Developer shall sell the Affordable Units only to Eligible Buyers whose household incomes have been verified by the Developer. The purchase price for SAMBI.AGREE 2 3 11/07/96 I Anita . I an Affordable Unit (the "Market Purchase Price") shall be the market price charged for a comparable unit (and not to exceed fair market value); provided, however, that the Developer shall carry back financing equal to the difference between the Market Purchase Price and the Affordable Purchase Price for the particular Eligible Buyer (the "Primary Affordability Subsidy"). The carryback financing shall be assigned by the Developer to the City, shall include the $10,800 Direct City Subsidy loan amount described in Section 4 below, and shall be evidenced by a single promissory note from the Eligible Buyer to the City, secured by a second mortgage deed of trust on the Affordable Unit (the "City Second Mortgage"). The balance of the Market Purchase Price shall be paid by the Eligible Buyer to the Developer in cash, utilizing downpayment monies and first mortgage proceeds. A summary and example of the method of payment of the Market Purchase Price of an Affordable Unit by an Eligible Buyer is shown in Exhibit C. 3. City Approval of Documents. 3.1. The following documents, in form and substance acceptable to the City, shall be used in connection with the sale of Affordable Units. Documents to be prepared by the Developer shall be submitted to the Housing and Redevelopment Director for review and approval no later than the start of construction of the Affordable Units. 3.1.1. A marketing plan establishing the process for seeking, selecting and determining the eligibility of buyers of the Affordable Units shall be prepared by the Developer. 3.1.2. An educational program informing Affordable Unit purchasers of the obligations of home ownership and the specific features of this program shall be prepared by the Developer. 3.1.3. Purchase and Sale Agreements for sale of the Affordable Units SAMBLAGREE 2 4 11/07/96 /Anita I . shall be prepared by the Developer. 3.1.4. City Second Mortgage promissory note, deed of trust, and borrower disclosure form shall be provided by the City. 3.1.5. Loan documents (including, without limitation, loan agreement, promissory note, and deed of trust) evidencing and securing the City Loan to the Developer described in Section 4 below shall be provided by the City. 3.2 Any of the documents identified in this section 3.1 may be revised by Developer from time to time with the prior written approval of the Housing and Redevelopment Director. 4. City Financial Assistance to Developer.. To assist Developer in construction of the Affordable Units, the City shall lend to Developer and Developer shall borrow from the City an amount equal to $453,600 (the "City Loan"). Following execution and recordation of the City Loan documents, the City shall deposit the full face amount of the City Loan with a construction lender selected by Developer ("Construction Lender") within 48 hours of request therefor by the Construction Lender. City shall execute any commercially reasonable agreement requested by Construction Lender in connection with the administration and disbursement by the Construction Lender of the funds from the City Loan to the Developer which may include the right to commingle the funds from the City Loan with the proceeds of any loans made by Construction Lender to Developer for the development of the Subject Property. The City Loan shall be evidenced by an agreement between City and Developer and a promissory note from Developer to City, and secured by a deed of trust on the portion of the Subject Property where the Affordable Units will be constructed (the "City Deed of Trust"). The City will subordinate the City Deed of Trust to the deed of trust securing the loan from the Construction Lender, on such commercially reasonable terms as are requested by the SAMBLACREE 2 5 11/07/96 / Anita I I Construction Lender, provided notice of default by Developer under the Construction Loan and an opportunity to cure are provided to the City. The City Loan will be assumed by Eligible Buyers of the Affordable Units pursuant to the following procedure. When an Affordable Unit is sold, the Eligible Buyer will execute a City Second Mortgage promissory note to the City in the amount of the Primary Affordability Subsidy described in Section 2.4 above (which Primary Affordability Subsidy shall include $10,800 of the City Loan amount), to be secured by a City Second Mortgage deed of trust on the Affordable Unit to the City. Upon execution of the City Second Mortgage note and recordation of the City Second Mortgage deed of trust, the City will credit the Developer with repayment of $10,800 of the City Loan and will partially reconvey the City Deed of Trust from the Affordable Unit being sold. Upon sale of all 42 Affordable Units, the City Loan shall have been repaid in full and the City Deed of Trust shall have been fully reconveyed. 5. Mortgage Credit Certificate Program. Buyers of the Affordable Units may qualify for income tax credits pursuant to Mortgage Credit Certificate (MCC) Program, for a portion of the annual interest paid on a first mortgage used to acquire the Affordable Unit. City shall cooperate with Developer in obtaining and providing to prospective buyers Mortgage Credit Certificates from allocations which it may receive. 6. Reporting and Compliance Monitoring. A report verifying compliance with the requirements of this Agreement covering the initial sales of the Affordable Units shall be provided to the City by the Developer and certified by a third party such as a Certified Public Accountant approved by the Housing and Redevelopment Director. Developer shall provide the City with other reports as reasonably required by the City to verify compliance with this Agreement. SAMBLACREE 2 6 11/07/96 IAnita . . 7. Default. Failure of the Developer to cure any default in the Developer's obligations under the terms of this Agreement within ninety (90) days after the delivery of a notice of default from the City (or where the default is of the nature which cannot be cured within such ninety (90) day period, the failure of the Developer to commence to cure such default within the ninety (90) day period or the Developer's failure to proceed diligently to complete the cure of such a default within a reasonable time period) will constitute a failure to satisfy the Conditions of Approval with respect to the Subject Property and the requirements of Chapter 21.85 of the Carlsbad Municipal Code and void the approval of the Final Map and Site Development Plan; and the City may exercise any and all remedies available to it with respect to the Developer's failure to satisfy the Conditions of Approval, including but not limited to, the withholding of building permits for the Market Units within the Subject Property. 8. Appointment of Other Agencies. At its sole discretion, City may designate, appoint or contract with any other public agency, for-profit or non-profit organization to perform the City's obligations under this Agreement. 9. Burden to Run with Property. The covenants and conditions herein contained shall apply to and bind the heirs, executors, administrators, successors, transferees, and assignees of all the parties having or acquiring any right, title or interest in or to any part of Subject Property and shall run with and burden the Subject Property until terminated in accordance with the provisions hereof. Prior to the issuance of building permits, the Developer shall expressly make the conditions and covenants contained in this Agreement a part of any deed or other instrument conveying any interest in the Subject Property. Notwithstanding anything to the contrary set forth in this Agreement, individual purchasers of units pursuant to an approved public report in compliance with the California Subdivided Lands Act, and mortgage lenders holding deeds of trust on such individual units after sale to such purchasers, shall not be SAMBLACREE 2 7 11/07/96 / Anita I • subject to the terms of this Agreement; and the terms of this Agreement shall be of no further force or effect with respect to such completed unit on the date of the recordation of a deed to the individual purchaser. 10. Hold Harmless. Developer will indemnify and hold harmless (without limit as to amount) City and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as "Indemnitees"), and any of them, from and against all loss, all risk of loss and all damage (including expense) sustained or incurred because of or by reason of any and all claims, demands, suits, actions, judgments and executions for damages of any and every kind and by whomever and whenever made or obtained, allegedly caused by, arising out of or relating in any manner to developer's actions or defaults pursuant to this Agreement, and shall protect and defend Indemnitees, and any of them with respect thereto. Developer shall obtain, at its expense, the following insurance policies for development of the Subject Property naming Indemnitees as additional named insureds with aggregate limits of not less than five million dollars ($5,000,000) purchased by Developer from an insurance company duly licensed to engage in the business of issuing such insurance in the State, with a current Best's Key Rating of not less than A-V, such insurance to be evidenced by an endorsement which so provides and delivered to the City Clerk prior to the issuance of any building permit for the Subject Property. 11. Notices. All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested, to the party to receive such notice at the addressed set forth below: SAMBI.AGREE 2 8 11/07/96/Anita C TO THE CITY OF CARLSBAD: CITY OF CARLSBAD Housing and Redevelopment Department Attn: Housing and Redevelopment Director 2965 Roosevelt Street, Suite B Carlsbad, California 92008-2389 TO THE DEVELOPER: SAMBI SEASIDE HEIGHTS, L.L.C. Attn: Charles P. Mallon 8641 Firestone Boulevard Downey, California 90241 Any party may change the address to which notices are to be sent by notifying the other parties of the new address, in the manner set forth above. 12. Integrated Agreement. This Agreement constitutes the entire Agreement between the parties and no modification hereof shall be binding unless reduced to writing and signed by the parties hereto. 13. Duration of Agreement. This Agreement shall terminate and become null and void upon the earlier of: (a) the closing of the sale of the last of the Affordable Units to an individual purchaser pursuant to a sale on an approved public report in compliance with the California Subdivided Lands Act, or (b) upon the granting of a written release by the Community Development Director. This Agreement, and any section, subsection, or covenant contained herein, may be amended only upon the written consent of Developer and the Community Development Director. 14. Recording of Agreement. The parties hereto shall cause this Agreement to be recorded against the Subject Property in the official Records of the County of San Diego. SAMBL.AGREE 2 9 11/07/96 I Anita I . 15. Severability. In the event any limitation, condition, restriction, covenant, or provision contained in this Agreement is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining portions of this Agreement shall nevertheless, be and remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. DEVELOPER SAMBI SEASIDE HEIGHTS, L.L.C. low Signature CITY CITY OF CARLSBAD, A Municipal Co ation By: cL. MARTIN ORENYAK Community Development Director APPROVED AS TO FORM Title: RONALD R. BALL City Attorney SAMBLAGREE 2 Irl 11/07/96 I Anita I S STATE OF CALIFORNIA 1 )SS. COUNTY OF ' ) On / _ 199, before _ personally appeared and________________________ personally known to me (or roved to me on the basis of satisfactory evidence) to be the person) whose name(i) is/ae subscribed to the within instrument and acknowledged to me that he/.he1they' executed the same in his/her/their authorized capacity (ic4 and that by his/her/their signatuths) on the instrument the person($, or the entity upon behalf of which the persorr) acted, executed the instrument. WITNESS my hand and official seal. C :. cOMM.# 1053601 ________________ Potoy P CcfS j LOS ascouiv Notary Public in and for s d tate My Comm. EroAPR 18. 1999 (SEAL) STATE OF CALIFORNIA / ) / )ss. COUNTY OF On 199_, before appeared personally known t/ me (or proved to me on the person(s) whose nme(s) is/are subscribed to the witj he/she/they exec~ted the same in his/her/their aut6i signature(s) oiy"the instrument the person(s), or he acted, executyl the instrument. / WITNESS my hand and offi9{al seal. )/asis of satisfactory evidence) to ,,Se the in instrument and acknowledged t/me that ized capacity(ies), and that by l3iWher/their entity upon behalf of which ke person(s) Notary Public in and for State (SEAL) SAMBI.AGREE 2 11/07/96 / Anita Signer's Name: Individual Corporate Officer Title(s): Partner - LI Limited El General I Attorney-in-Fact Trustee Guardian or Conservator Other: -- RIGHT THUMBPRINT OF SIGNER Top of thumb here CALIFORNIA ALL-PURPOVE ACKNOWLEDGMENT State of 6W 1~xn IA! County . OnflbVLk/ 199 before me,_-i,6171 ,%BCv /T4P v /u! L i, Date Name and Title of Off ic (e., Jane Doe, r'tary bhc) personally appeared /fl94R7T)If) 2/i1i V,41k / Nameis) of Signer(s) personally known to me - OR - E proved to me on the basis of satisfactory evidence to be the person(4 whose name( is/ace subscribed to the within instrument and acknowledged to me that he/sei'ey executed the same in his/h&/t4 authorized capacity(ie), and that by his/i sr/Weir signatures on the instrument the person(s), RAENETTE ABBEY or the entity upon behalf of which the person(.4 acted, COMM. # 1048520 Z executed the instrument. Notary Public - California My Comm. Expires DEC 29. 1998 W3S my hand and official seal. SAN DIEGO CO - )7; OPTIMAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document /ft'5? lfri-yj i -rJ IV Document Date: 1) (7 4't, Number of Pages: Signer(s) Other Than Named Above: 5ti w. JhVoMfto . /MM.p ie , O44L., Capacity(ies) Claimed by Signer(s) Signer's Name:1-i11'' t'P' /41< El Individual • Corporate Officer Title(s): • Partner - L] Limited • Attorney-in-Fact fl Trustee El Guardian or Conservator Other: CPfrv jp y ,) Top of thumb here L4jtM5Jc7 9(t4 Signer Is Representing: J'T rd I~Se~' El General Signer Is Representing: 0 1994 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder Call Toll-Free 1-800-876-6827 0 O 47CONSU % LTA NTS January 15, 1997 J.N.: 95-1017 Paul Kiukas Planning Systems 2111 Palomar Airport Road, Suite 100 Carlsbad, CA 92009 SUBJECT: LEGAL DESCRIPTION OF SAMBI SEASIDE HEIGHTS (CT 92-02) Dear Paul: As the final map has now recorded, the new legal description of Sambi Seaside Heights is: 13378 recorded in the office of the County Recorder of San Diego County as File No. 19E7 7\L613541 on December 9, 1996. Rol Sincerely, : ('::, O'DAY CONSULTANTS, INC. Exp. 31/97 * R C1V1\- ___ ~ ~DA?~ RCE 4, expires 3731/9 OF Predisent cc: T. Kato, CDC F:\MSOFFICE\ WIN WORD\95-1 017\KLUKAS5.LTR EXHIBIT "A" DESCRIPTION OF SUBJECT PROPERTY 7220 Avenida Encinas Civil Engineering Suite 204 Planning Carlsbad, California 92009 Processing 619-931-7700 Surveying Fax: 619-931-8680 I 0 EXHIBIT B MAXIMUM ELIGIBLE BUYER INCOMES AND AFFORDABLE PURCHASE PRICES* UNIT TYPE MAXIMUM MAXIMUM ELIGIBLE AFFORDABLE INCOME PURCHASE PRICE 3 Bedroom $ 118,783 $ 41,750 2 Bedroom $ 99,270 $ 35,425 * Based on the income of a low-income household for San Diego County as published by the Department of Housing and Urban Development, assuming household sizes of 3.5 persons for a 2-Bedroom Unit and 5.5 for a 3-Bedroom Unit. Actual affordable purchase prices will vary based on actual household income. SAMBI.AGREE 2 13 11/07/96 / Anita S EXHIBIT C ILLUSTRATIVE EXAMPLE OF PURCHASE * 1. Market Purchase Price $ 150,000 (Not Exceeding Fair Market Value) 2. Affordable Purchase Price $ 115,000 (Assuming Maximum Price for 3-Bedroom Unit) 3. Eligible Buyer's Sources of Funds for Affordable Purchase Price a. First-Mortgage Loan $ 109,000 b. Down Payment and Closing Costs 6,000 c. Total $ 115,000 4. Primary Affordability Subsidy Required (Equals 1 minus 2) $ 35,000 (To be Carried Back by Developer and Assigned by Developer to City) 5. Sources of Primary Affordability, Subsidy (To be Evidenced by Single Promissory Note and Secured by City Second Mortgage) a. Direct City Subsidy Loan $ 10,800 b. Developer's Carryback 24,200 c. Total Primary Affordability Subsidy $ 35,000 * This example uses figures which are for illustrative purposes only. SAMBLAGREE 2 14 11/07/96 / Anita I 4 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: TOYOHARA AMERICA, INC (name) CITY OF CARLSBAD, a municipal corporation of the State of California By: .u.----- HIROMIC TOYOHARA Chief Executive Officer (Title) MARTIN ORENYA For City Manager (Title) ATTEST: ALETHA L. RAUTENKIWs,Iz, City Clerk APPROVED AS TO FORM: copy CAT. NO. NN00737 TO 1945 CA (8-84) (Corporation) j TICOR TITLE INSURANCE STATE OF CALIFORNIA 1 COUNTY OF Ls -aLES f SS On Li Li L'y 17, /. before me, the undersigned, a Notary Public in and for said State, personally appeared H,t) Pr?! CAl s personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the ______________________ President, and aJ,I1eI' Fs/e ' personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Secretary of the Corporation that executed the within instrument and acknowledged to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Signature JtHIII1III IuulIlflhIlLlIflIflhIflhttflhtilIIflI 111111 IIH OFFICIAL SEAL £M ALICE S.YAMADA E NOTARY PUULIC-CAUFORNIA PRINCIPAL OFFICEIN wo LOS ANGELES COUNTY My Commission Expires November 12, 1993 1111111 III I 1111)111)11111 III 1111111111 It I I III litlitil II (This area for official notarial seal) EXHIBIT IAR LEGAL DESCRIPTION Tne North Half of a parcel of land described as follows: The Soutn Half of the Southeast Quarter and the South 60 acres of the Horth Half of the Southeast Quarter of Section 21, Township 12 South, Range 4 West, SanBernadino Base and Meridian, in the County of San Diego, State of California, according to United States Government Survey approved October 25, 1875, excepting that portion described as follows: Beginning at a point 40 rods Wist of the Southeast corner of said Section 21, Township 12 South, Range 4 West, running thence East 40 rods to the Southeast corner thereof; thence North 20 rods to a point; thence West parallel with the South line of said Section, 38 rods to a point; thence in a direct Southwest line 29 rods to Point of Beginning. Also excepting therefrom that portion thereof, if any, lying within the boundaries of the Rancho Agua Hedionda as shown on Miscellaneous Map No. 29, filed in the Office of the County Recorder of said San Diego County on June 21, 1920. Form Approved By City Council April 22, 1986 Reso. No. 9169 7 TO!HARA AMERICA G)UP DL3A Satnbr of Tokyo WEST COAST JACKSON INC COAST RESTAURANT DEVELOPMENT SUNBELT PLANNING Co. JAPAN SHIATSU CENTER OF U.S.A. INC. 8649 FIRESTONE BOULEVARD, DOWNEY, CALIFORNIA 90241, PHONE (213) 861-3808, FAX (213) 861-9432 February 14, 1992 City of Carlsbad and Property Owners of Zone 20 To whom it may concern, RE: Designation of Representative for TOYOHARA AMERICA INC. dba SUNBELT PLANNING CO. APN 214-140-07 - TOYOHARA AMERICA, INC. dba SUNBELT PLANNING CO. hereby authorizes DONALD A. AGATEP, Planning Consultant, to represent our interest in all matters relating to: 1) The alignment, financing and construction College Blvd. through our properties, and for Poinsettia Lane as it may impact the property. 2) Impacts of the Local Facilities Plan for Zone 20 on our ownership. 3) Processing all discretionary actions required by the City of Carlsbad to develop our 68± property including but not limited to; a) Applications for a Tentative Subdivision Map b) Applications for a Planned Development/Site Development Plan c) Applications for development approval from the California Coastal Commission, if required. In addition to correspondence sent to our address, please send all notices of issues or meetings to Mr. Agatep, P.O. BOX 590, Carlsbad, Ca. 92008, Phone (619)434-1056, so that we will be represented in the above matters. Thank you for your cooperation. H. Toyohaa,~Chiexecutive Officer TOYOHARA AMERICA, INC. RECEIVED dba SUNBELT PLANNING CO. CC: City of Carlsbad FEB 14 1992 Jack Henthorn & Associates CITY OFCARLSBAD PLANNING DEFY, HEAD OFFICE:2-1-2 KPJICHO, CHIYODA-KU, TOKYO, JAPAN, PHONE 03 (253) 1911, FAX 03 (258) 0848 Donald 'A. -Agatep'll. Associates : City & Regional J'lwzn lug Consultants Feb 14.12, CITY OF CARLSBAD, PLANNING DEPARTMENT 2075 Las Pelmas Dr Carlsbad, CA 92009-05'55 RE: Transmittal of reauired documents for 340 unit Residential Planned Development, SAM1- by Tooqohara America , Inc., APN 214-140-07 GENTLEMEN: PLEASE FIND THE FOLLOWING DOCUMENTS REQUIRED FOR CITY OF CARLSBAD APPLICATIONS FOR VESTING TENTATIVE MAP, PLANNED DEVELOPMENT & HILLSIDE DEVELOPMENT PERMIT. 10 Copies of: 1) Vesting Tentative Nap -h Z-c ) Site Plan 3) Landscape Plan 4) Bldg Elevations & Floor Plans 5 Copies of: 1) Constraints Map/Slope Analysis 0 2) Slope Profiles 3 Copies of: Preliminaru Title Report 2.Cdpies of: : 1) Public Facilities Aqreement 2) Geotechinical Analqsis (Soils Report) 3) Fiscal impact Analysis I Copy of: 1) Environmental Impact Assesment 2) Hqdroiopic Analqeis 0 3) reauired applications Fees requird for each application. Should you have anq questions, what-so-ever, alease contact Don Aqateo (619J474- 1056 regardinq the proposed 8AIMBI project. RECEIVED Respectfuiiq FEB 14 1992 ~ri~ca, Inc un' ]i Pnnnirtq Co CITY OF CARLSBAD Donald A. Aclatep. lannn Lonsutant PLANNING DEPT. 2956 Ruuser&'Ii S!'t't • Pus! Office Box 590 0 Carlsbad • Califi.irn!u 92003 • (619) 434-1056 N - . 4 0 PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. Applicant Signature: 1 4 HIRO1II TOYOHARA, C.E.O. FEB 12, 1992 Staff Signature: (IA J Date: To be'stapled with receipt to application Copy for file CITY OF CARLSBAD 1200 CARLSBALOLLAGE DRIVE CARLSBAD, SIFORNIA 92008 438-5621 / 7 n REC'D FROM-_/1 T/V1 ( I 1I/jL . .1 Si'1,LATE, JLf ACCOUNT NO DESCRIPTION AMOUNT • _______________________ ______ __ - ________________________ • 1() S. 02114/92 COOl 01 02 I mleo '-Jo - • ________________________ RECEIPT NO. 11443 TOTAL: 1, CITY OF CARLSBAD F 1.200 CARLSBAD ILLAGE DRIVE CARLSBAD, 11LIFORNIA 92008 434-2867 REC'D F ROM _ 2M44 DATE / f . / ACCOUNT NO. . DESCRIPTION AMOUNT 4749 11/16/93 0001 01 02 C-?RMT 4-86 RECEIPT NO. NOT VALID UNLESS VALIDATED BY TOTAL 4f ® Printed on recycled paper. CASH REGISTER Cl .