Loading...
HomeMy WebLinkAboutCT 92-09; SEA GABLES; Tentative Map (CT)- CITY OF CARLSBAD LAND USE REVIEW APPLICATION FOR PAGE 1 OF 2 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPT (FOR DEPT USE ONLY) USE ONLY) O Master Plan O Specific Plan o Precise Development Plan Tentative Tract Map• Planned Development Permit Non-Residential Planned Development O Condominium Permit Special Use Permit O Redevelopment Permit rl Tentative Parcel Map o Administrative Variance o General Plan Amendment' Local Coastal Plan Amendment Site Development Plan Zone Change rl Conditional Use Permit Hillside Development Permit rl Environmental Impact Assessment o Variance O Planned Industrial Permit Q Coastal Development Permit o Planning Commission Determination 0 List any other applications not specificed 2) LOCATION OF PROJECF: ON THE J SIDE OF I's4E) V1) (NORTH, SOUTH EAST, WEST)_______________ (NAME OF STREET) i2/ I PoW P BETWEEN / Ic/ - I (NAME OF STREET) (NAME OF STREET) w , 'f19P /717 3) BRIEF LEGAL DESCRIPTION: I0O-()72 -c'/. '246 -013-12, l, 14, t., 1(1 17 4) ASSESSOR PARCEL NO(S). I 5) LOCAL FACILITIES / 6) EXISTING GENERAL l'1 I RH I 7) PROPOSED GENERAL PLAN ITY71 MANAGEMENT ZONE DESIGNATION DESIGNATION 8) EXISTING ZONING -3 9) PROPOSED ZONING I l3 h1O) GROSS SITE I I 7 I ACREAGE 11) PROPOSED NUMBER OF 112) PROPOSED NUMBER I 13) TYPE OF SUBDIVISION Iis -J RESIDENTIAL UNITS OF LOTS (RESIDENTIAL COMMERCIAL INDUSTRIAL) 14) NUMBER OF EXISTING RESIDENTIAL UNITS ' 15) PROPOSED INDUSTRIAL 16) PROPOSED COMMERCIAL OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE RIQ(*IUNGI.. FRM00016 8/90 CITY OF CARLSBAD LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 I 7) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE I 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS / I 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC 20) PROJECF NAME: I tSS I 21) BRIEF DESCRIPTION OF PROJECr: 22) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS, OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPEY THAT IS Th-I4BJ$OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE K 'LYL& . -t_iA :77 SIGNATURE I 23) OWNER 24) APPLICANT I NAME (PRINT OR TYPE) NAME (PRINT OR TYPE) I D'J'O MAILING ADDRESS MAILING ADDRESS 7 5 1t5?)7 S771- CITY AND STATE ZIP TELEPHONE CI1Y AND STATE ZIP TELEPHONE L4rn1V' ,741W1 ,.H I 17 I CER11PY THAT I AM ThE LEGAL OWNER I CMWY THAT! AM THE IZGAL OWNER'S REPRESENTA11VE AND AND THAT ALL THE AJOVE INFORMATION THAT ALL THE ABOVE INFORMATION IS TRUE AND OORRWr 10 THE IS TRUE AND CRAECF 10 THE BEST OF BEST OF MY ENOWIZDGE. MY KNOWLEDGE. TE /IGNAWRE._ DATE NA FOR CITY USE ONLY FEE COMPUTATION: APPLICATION rlPI FEE REQUIRED vim TOTAL FEE REQUIRED RCE WED NOV 2 51992 -•- -.:_ REEWED BY: DATE FEE PAID RECEIPT NO. CITY OF CARLSBAD W LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE F~--7 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS I I 19) PROPOSED INCREASE IN AVERAGE DAILY TRAFFIC I I 20) PROJECT NAME: 21) BRIEF DESCRIPTION OF PROJECT: 22) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW JJOARD MEMBERS, OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER Ti-lB PROERTY THXrIS n~iE AUWS&105F THIS APPLICAT 9W. WE CONSENT TO ENTRY FOR THIS PURPOSE C tnt 23) OWNER 24) APPLICANT NAME (PRINT OR TYPE) NAME (PRINT OR V(PE) 1r 0 D C 47 MAILING ADDRESS MAILING ADDRESS (315 K4,cti P,eIO CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE 9r6o I CERTIFY THAT I AL( THE LEGAL OWNER I CERTIFY THAT! AM THE LEGAL OWNER* REPRESEWTA1WE AND AND THAT ALL THE MOVE INFORMATION THAT ALL THE ABOVE INFOMAT)ON IS TRUE AND CX)RRT TO THE IS TRUE AND CORRECT 10 THE BEST OF BEST OF MY KNOWLEDGE. MY KNOWLEDGE. SIGNATURE DATE DATE FOR CITY U92'6NLY FEE COMPUTATION: APPLICATION TzPR FEE REQUIRED DATE STAMP APPLICATION RECEIVED RECEIVED BY: TOTAL FEE REQUIRED I DATE FEE PAID I RECEIPT NO. r I 1:1 0 PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: SEA GABLES APPLICANT NAME: GOLDEN SUNSET, LTD. Please describe fully the proposed project. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation. Sea Gables is a proposed community of 15 attached single family homes with individual lots and private backyards located above the entrance to Agua Hedronda Lagoon. The project is designed to optimize the views and privacy for each unit and to blend into surrounding attached single family homes and condominiums by using clusters of 2, 3, & 4 units, the massing of project isreduced in comparison with surrounding large "block" condominium buildings. The architecture style consists of cedar siding, steeply pitched, ribbed metal roofs, pipe railings, balconies and decks in a nautical theme reflective of its water oriented site. The buildings .are linked to the earth with stucco, wainscots, & masonry screen walls. Roof decks are included for increased outdoor living space and ocean views from all units. Landscaping will hbe used to integrate a "nature" vegitation theme throughout the project. I fr 2 1992 L - : - ProjC Rev. 4/91 . - 0 L-7 City of Carlsbad 1.111 I it. • ij sL1 i . rrai DISCLOSURE STATEMENT 1 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: Applicant List the names and addresses of all persons having a financial interest in the application. 0 L121t) J$fT IT t C/9 L ii. t t'tl, 72 /',4 I61,-CW' fJ,cLiZO (tJ S,q 0 0,to 2. Owner List the names and dresses of all persons having any ownership interest in the property involved. (? //'oP sr i 7,9q 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. J, /(3/ 12ICHO tj f0 /to 64 4. 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. FRM00013 8/90 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 0 (Over) Disclosure Statement Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Boards. Commissions, Committees and Council within the past twelve months? Yes No >c If yes, please indicate person(s) Person is defined is: 'Any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation **tat*, 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.) - -,_H Signature of Owner/date I / Signature of applicant/date Print or type name of owner Print or type name of, applicant FRM00013 8/90 0 . City of Carlsbad Planning i r.i ii 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) RCFtJED The following information must be disclosed: NOV 2 5 1992 1. Applicant List the names and addresses of all persons having a financial interest in the appiiàfM' GOLDEN SUNSET, LTD., a California Limited Partnership 11315 Rancho Bernardo Rd., #133 San Diego, CA 92127 Owner Ust the names and addresses of all persons having any ownership interest in the property involved. GOLDEN SUNSET, LTD.., IRENE P. DURO A California Limited Partnership 475 Front Street, 514 11315 Rancho Bernardo Rd., #133 Lahaina, Maui, HI 96761. San Diego, CA 92127 If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. Tim J. Connole 11315 Rancho Bernardo Rd., #133 San Diego, CA 92127 If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses.ot any person serving as officer or director of the non-profit orgnization or as trustee or beneficiary of the trust. a N/A . .. FRM13 4/91 ' Page lof2 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 2. 3, 4. C 0 0 (Over) Disclosure Statement Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Boards. Commissions, Committees and Council within the past twelve months? Yes - No If yes, please indicate person(s)_________________________________________ Person is defined as: Any individual, firm, copartn.rship, 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.) Signature of Own ,rl'date GOLDEN ,3tJNSET, LTD., a Caliiornia Limited Partnership Print or type name of owner by: Tim J. Connole General Partner Signature ofaplicant/date / / GOLEN7'SUNSET, LTD., a California Limited Partnership Print or type name of applicant by: Tim J. Connole General Partner FRM13 4/91 Page 2of2 0 ; --- 0 0 City Engineer CITY OF CARLSBAD 2075 Las Palmas Dr. Carlsbad, CA 92009-4859 PROPOSED MINOR SUBDIVISION NO.____________ I (We), the undersigned owner(s), do hereby state that I (we) have read Section 66427.1 of the Subdivision Map Act and I (we) will make the notifications to the tenants required therein. / DAT'E OWNER DATE OWNER 66427.1 Establishes requirements for notice to tenants and right of tenants to exclusive contract for purchase in condominium, community apartment or stock cooperative projects. The legislative body shall not approve a final map for a subdivision to be created from the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project unless it finds all of the following: (a) Each of the tenants of the proposed condominium, community apartment project or stock cooperative project has received, pursuant to Section 66452.9, written notification of intention to convert at least 60 days prior to the filing of a tentative map pursuant to Section 66452. There shall be a further finding that each such tenant, an each person applying for the rental of a unit in such residential real property, has, or will have, received all applicable notices and rights now or hereafter required by this chapter or Chapter 3 (commencing with Section 64451). In addition, a finding shall be made that each tenant has received 10 days written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, and that such report will be available on request. The written notices to tenants required by this subdivision shall be deemed satisfied it such notices comply with the legal requirements for service by mail. (b) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, given written notification within 10 days of approval of a final map for the proposed conversion. (c) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been or will be, given 180 days written notice of intention to convert prior to the termination of tenancy due to the conversion or proposed conversion. The provisions of this subdivision shall not alter or, abridge the rights or obligations of the parties in performance of their covenants; including, but not limited to, the provision of services, payments of rent or the obligations imposed by Sections 1941, 1941.1, and 1941.2 of the Civil Code. (d) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been or will be, given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not to exercise the right. (e) This section shall not diminish, limit or expand, other than as provided herein, the authority of any city, county, or city and county to approve or disapprove condominium projects. [Amended, Chapter 1128, Statutes of 1980] SENr ECiTY OF CARLSBAD 2- 8-93 4:02PM ; 6194388894- I 2 ;- Tx Ity (if kaw^rlSbad I - 7N: 001# DISCLOSURE STATEMENT APPLiCANTS $1AThMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISC REflQN.ARY ACTION ON NE PAST OF THE CITY COUNCIL OR ANY APPCINTE BOARD. COMMISSION OR COMMflTEE. (PJeae Print) The following information must be disclosed; Ust the names and addresses of all persons having a financial interest in the application. GOLDEN SUNSET, LTD. 11315 RANCHO BERNARDO ROAD #133 SAN DIEGO, CA 92127 2. omm- List the names and addresses of all persons having any Ownership Interest In the property involved. KPT P & VTPTNA TIOFFBMIF,P 3432 CASABLANCA WAY FALLBROOK, CA 92028 3. If any person identified pursuant to (1) or (2) 'above Is a corporation or partnership list the names addresses of all Individuals owning more than 10% of the shies in the corporation or owning any partner Interest in the partnership. M J.CONNOLE - -. 11315 RANCHO BERNARDO ROAD SUITE #13 SAN DIEGO, CA 92127 -- 4. If any person Identified pursuant to (1) or (2) above Is a non-prom organIzatlon or a trust, list the names addresses of any person serving U otficer or director of the non-proftt organzaUoa or U trustee or benefi of the trust. Disclosure Stat,ment Page 2 S. Have you had mQra than $250 worth of business tt*nsactad with any member of City staff, Sca: Commissions Committees and Council within the put twelve months? Yes No ,. if yes, please indicate parson(s) -- _____ a defined u: !Any Individual, firm, ccpannrsIiip, loint venture, association, social club, fraerra rQaniutt0n corpcd'atlon. *vats, trtst, recer'er, syncat, this and any other county, city and ounty, crry municipality1_distrIct oothac poItical subdM$ion, or any othf group or combination acting as a L (NOTE: Attach additional pages as necessary) 2-11- Signature of Qwnerl'aste GOLDEN SUNSET, LTD. ONNOLE GENERAL PART Print or type name of owner PrInt orYP' nØ'. of applicant sEcvr : r: i TY OF CRL5BD 2— B-3 4:02PM 619438004- ., OF L ad 4 DISCLOSURE STATEMENT APUCANTS STAtEMENT OF DISCLOSURE OF CERTAIN OWNERSHip INTERESTS ON ALL APUCAONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PAST OF THE orrY COUNCIL OR ANY APPOINTEO BOARD, COMMISSION OR COMMITTEE, (Please Print) The following information must be disclosed; List the names and addrøssøs of all persons having a flnsniaJ interest in the appflcation, GOLDEN SUNSET, LTD. -- 11315 RANCHO BERNARDO ROAD #133 - -- -, SAN DIEGO, CA 92127 2. Owi,. List the names and addresses of all persons having any ownership interest In the property invIve. BRUCE C. TABER 145 CHINQUAPIN AVE. CARLSBAD, CA 92003 3. If any person identified pursuant to (1) or (2) above Is * corporation or partnership, list the names addresses of all Individuals owning more than 0% of the shares in the Corporsuon Or owning any partner interest in the partnership JM L. C9NNOLE 11315 RANCHO BERNARDO ROAD SUITE #13 SAN DIEGO, CA 92127 4. If any person Identiflod pursuant to (1) or (2) above Is a non.roftt organization or a trust, list the names addresses of any person serving U officer or director of the non-proftt ogsnizaUon or as trustee or benefi of the trust. / . Disciosurs Stalament I Page 2 Have you had more than $250 worth of business transacted with any member of City stan, Sea: Commissions Committees and Council within the put twelve months? Yea No If yea please Indicate parson(s) -- Perion is defined u: 'Any IridMdual, flrm, copannarsnlp 1 loint venture, association, social club, fraternal organization, corpcstori1 estate tri.st, receiver, syndicate, this and any Otfler county, city and county, cry municioeilty, district or OtilE pQIic.& 3bd1v1$1Ofl, or any OthE group Or combination acting as i (NOTE: Attach additional pages as necessary) Owner/date nt or typo name of owner _ Signature ofap9flántldate GOLDEI SUISET, LTD. TIM J. CONNOLE GENERAL PARTNER Print or type name applicant SENr Ef CiTY OF C1FLSDID 2 2- 8-93 4:2PM 2 I L Y.UE Lftl.rlSbad DISCLOSURE STATEMENT APPUCANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APUCA11QN$ WHICH WILL REQUIRE D(5CE11QrAY ACTION ON ThE PAST OF THE CITY COUNCIL OR ANY APPOINTED ECAPO, COMMISSION OR COMMrrTEE. (Pleaie Print) The following Information must be thsclose; List the names and addresses of all persons having a financial interest in the application. GOLDEN SUNSET, LTD. -- 11315 RANCHO BERNARDO ROAD #133 - SAN DIEGO, CA 92127 2. List the names and addresses of all persons having my ownership interest In the property invølvø. JOSHIA C. III & JANE W. MCCRACKEN 135 CHINQUAPIN AVE. CARLSBAD, CA 92008 3. If any person idinUflid pursuant to (1) or (2) above Is a corporatløn or partnership list the names addresses of all Individuals owning more than 0% of the shares in the corporation or owning any panne interest in the partnership. TIM JCNNOLE - -- 11315 RANCHO BERNARDO ROAD SUITE #13 SAN DIEGO, CA 92127 -- -- 4. If any person Idintifled pursuant to (1) or (2) above Is a non-profit organization or a trust list the names addresses of any-person serving is efficar or director of the ncnproflt organization or as trustee or benefi of the trust. Disclosure Statement Pe 2 5. Have you had more than $250 worth of business ttansactad with any member of City stan. Boa., Commissions, Committees and Council within the put twelve months? Yes No,, If yes please Indicate person(s) -- a= is defnod u Any iridMduaL flm'i, copa nrsnIp 1 olnt venture, aasociation, social club, traerraJ orQafUtIOfl, COrporElofl1 estate tr**. receiver, Syncilcate. this end any other county, cfty and unry. cy I municip4ity1 disvict or othW piiticaSubdivision, Of any othE group or combination acting 55 a -T -- (NOTE: Attach additional pages as necessary) S at re of 0wriorldate S:SETD. GOLDEN Signature of cant/data TIM J. CONNOLE GENERAL PARTNER o; 0. 4M Print or type name of owner Print or type name of applicant I S.. S SE' I r Er i OF CFL5D 2- a- 4: 2PM ; 61948084- 2 ILY ac Ec' FED OISCLOSURE STATEMENT APPLiCANTS STATEMENT OF OISC40SURE OF CERTAIN OWNERSP INtERESTS ON ALL APUCATIONS WHICH WU..L. REQUIRE DISCRET1QNAY ACTION ON THE PAST OF ThE CITY COUNCIL OR ANY APPOINTED SCAOI COMMISSION OR COMMITTEE, (Please Print) The 1oIiowg information must be disclosed; List the names and addrqss of all parsons having a financial interest in the application, GOLDEN SUNSET, LTD. - -- 11315 RANCHO BERNARDO ROAD #133 -, SAN DIEGO, CA 92127 2. O*me List the names and addresses of all persons having any ownership interest In the property involved, IRENE P. DURO _11315 VRANCHOaENARnORD # V_SAN DIEGO, CA • 92127 VV• ___________________________ 3. If any person idaritlfid pursuant to (1) or (2) above is $ corporation or partnership list the names addresses of all Individuals owning more than 10% of the shares in the corporation or owning any partner in the partn:r:hip TIM_JCQNNOLE_- 11315 RANCHO BERNARDO ROAD SUITE V113 SAN DIEGO, CA 92127 - 4. If any person identified pursuant to (1) of (2) above Is a rionprclfl organization or a trust, list the names addresses of any person serving U officer or director of the non-prom organization or U trustee or ben&i of the tltjst. V VV -- VVVVV V F PA & ' 0 Disclosure Statement Page 2 Have you had mor. than $250 worth of businas3 trimliketed with Commissions Committees and Council within the put twelve months? Yes ___ No Y. If yes please Indicate person(s) -- any mim.r of City staff, Boa: _____ is defined is 'Any indMduaL flrm copaflnersflip 1 joint wenturt. aswc*tion, social club, fraternal orQanIZatlOr, corpoc*tlofl, estate trust, receiver, syndicate, this and any other county, city and cunry, crry municipality, __strict or other pol?ticalsubdMslon, or any othE group or combination acting as * (NOTE: Attach additional pages as necessary) $igature Of Own/dsts If 7 e ii T, Print or typo name of owner Signature oj4pphcantldate GOLDEN /SUNSET, LTD. TIM J. CONNOLE GENERAL PARTNER Print or type name of applicant STATEMENT OF AGREEMENT TENTATIVE PARCEL MAP CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time restriction on Engineering Department processing. This time limit can only be extended by the mutual concurrence of the Applicant and the City. By accepting applications for Tentative Parcel 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 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 Parcel 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 City Engineer action and fully concurs with any extensions of time up to one (1) year from the date the application was accepted as complete to properly review all of the applications. SIGNATE GOLDEN SUNSET, LTD, a California Limited Partnership By: Tim J. Connole Gnral PartnQr NAME (PLEASE PRINT) 11/23/92 DATE OWNER/APPLICANT RELATIONSHIP TO APPLICATION (PROPERTY OWNER/AGENT) tOV 2 5 1992 cñr © CPJ4M COAST TTTIE Ii i:e 7474 EL C&XK EUM IA MM, Ch 91941 FILET SiJI2J IL1Hfl r ORANGE COAST TITLE CO. 7474 EL CAJON BLVD. Your No.: l.A MESA, CA 91941 Our No.: 9203287-S Date: OCIOBER 30, 1992 Attention: RTI. MAHER S/PJ Effective Date:,2=.22,lgg2J at 7:30 a.m. In response to the above referenced application for a policy of title insurance, Orange Coast Title Cany of San Dio hereby reports that New York '1W Title Insurance Inc. is prepared to issue, or cause to be issued, as of the effective 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 encirrbrance not shown or referred to as an Exception below or not exciuec from coverage pursuant to the printed Schedules, Con ditions and Stipulations of said. policy forms. The printed Exceptions and Exclusions fr'n the coverage of said Policy or Policies are set forth in Addenduni 1 attached. Copies of the Policy forms should be read. They are available frcm the office which issued this report. This report (and any sulnents 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 assured prior to the issuance of a policy of title insurance, a Finder or Catmitrent should be requested. ORANGE COAST TITLE C4PANY OF SAN DEGO Agent fo or I TitlThurance " R. ERIC BEVERIEGE NOV 2 5 192 Title Officer ' Title to said estate or interest at the date hereof is vested in: Mie estate or interest in the land hereinafter described or referred to in this Rqxwt is: A FEE AS TO PAR= 1 AND 2 AND A LEASEHOLD AS TO PARCEL 3 C~REA= BY WIDOW, AS LESSCR~, AND SAM W. MI= AND M-VE= MITTER, HUSBAND AND WIFE AS LESSEES, PON AND SUBJECT TO ALL OF ii I 't u. 13, 1964 AS FILE NO. 125927 OF OFFICIAL RECORDS. SAID LEASE HAVRiG BEEN THE _? AS ;Iiy jI; • IAL iapria u<ER NO. 9203287-S 0 - land referred to in this Report is situated in the State of California, County of San Diego, and is described as follows: •1 ? 120. - . ltJi_._________ SAN DIEGO CMM, AUGUST 25, 1924, IYIM i : •4 fJ ç: rr1;" r3. W ' JI3 NORMEASTMY 300.00 FEET OF SAID BLOCK 'W'. IN BLOC DIEGO, SME OF CALIFORNIA, ACCCRDIWG TO MAP nMZEOF NO. 1747, FILED IN ME aX11M RMORDER OF SAN DIEGO aXTNTY, FEWJARY EXCEPTING tHEREP*1 SAID PARCELS 1 AND 2, THOSE PDRrI(S LYING WITHIN' STATE HIiWAY 101, X1-SD-2-B, KNOWN AS CARLSBAD BOULEVARD, AS GRANTED IN DEEDS, 330K 288, PAGE 258 OF OFFICIAL RECORDS, RECORDED MAY 2, 1934 IN 330K 453, PAGE 339 OF OFFICIAL RECORDS, RECORDED DE 13, 1935. PAR 3: LOTS 3 AND 4 IN BLOCK "I" OF PALISADES, IN THE CITL OF CARLSBAD, COUNTY OF SAN DID-O, STAlE OF CALIFORNIA, ACCORDING ¶10 MAP ¶1HE0F NO. 1747, FTLED IN THE OFFICE OF THE CtUNIY RECORDER OF SAN DIEGO CtXJNFI, FEJARY 5, 1925. 9/1/92 pJ . 9203287-S . . E THREE a At the date hereof exceptions to coverage in addition to the Exceptions an d Exclusions in said policy form would be as follows: 1. General and special taxes, the first installment n ow due and payable, the second installment now payable, but not yet due, for the Fiscal Year 1992-93. 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of thapter 3.5 (caire.ncirig with Section 75) of the Revenue and Taxation Code of the State of California. 3. The recital contained in the owner 's Certificate on said Map, which agrees to allow thecross -arms of poles or other similar structures placed along the right of way of certain highways on said Map to overhang the abutting prcperty. 4. An easement for above or below ground utilities and/or guy poles and anchors and purposes incidental thereto as granted to the San Diego Gas and Electric Ccznpany, in instrument recorded JULY 10, 1923 IN BOOK 961, PAGE 3 OF DEEDS. Reference is made to said instrument for full particulars. 5. An easement for ROAD PURPOSES, 'IOGEIHER WI'IH THE PI(T 'IO PLACE AND INTAIN POLES, WIRES AND PIPELINES and incidental purposes, in favor of SAN DIEGO GAS & ELECTRIC COMPANY, in instrument recorded AUGUST 28, 1953 IN DXDK 4968, PAGE 56C OF OFFICIAL RECORDS Reference is made to said instint for full particulars. a:it.:.ç'ail(s frf1i SCUTWESTERLY 20 FEET OF THE NORTHEASTERLY 320 FEET OF TF-1-2 U#-KJ01W011-T~ 120 FEET OF TT-94K IWI 6. A Deed of Trust to secure perfornce under an agre ement referred to therein, and any other obligations secured thereby Dated: SEPTEMBER 10, 1985 Thustor: GOLDEN SUNSET, A CALIFORNIA LIMITED PA RTNERSHIP Trustee: FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION Beneficiary: ROBERT J. 'IRUIT Recorded: CCIOBER 1, 1985 Instrument/File No. 85-361926 of Official Records By agreement recorded SEPTEMBER 18, 1992 as File No. 1992-0592235 of Official Records, the lien or charge of said deed of trust was subordinated to the lien or charge of the deed of trust recorded SEPTEMBER 18, 1992 as File No. 1992-0592232 of Official Records. 7. A Deed of Trust to secure an indebtedness of $45,000.00, and any other amounts payable under .the terms thereof recorded MARCH 3, 1986 under Recorder's File No. 86-082094 of Official Records; Dated: JANUARY 14, 1986 Trustor: GOLDEN SUNSET, A CALIFIA LIMITED PARTNERSHIP Trustee: UNION LAND TITLE OCt'iPANY, A CALIFORNIA CORPORATION Beneficiary: CARLSBAD UNIFIED S1COL DISTRICT EXcFriaS owmaim . . 41~m FcUR CaIR NO. 9203287-S 8. A Deed of Trust to secure an indebtedness of $582,841.00, and any other am ounts payable under the terms thereof recorded FEJARY 19, 1991 under Recorder's File No. 1991-0074766 of Official Records; Dated: JANUARY 9, 1991 Thustor: GOIDE SUNSET, A CALIFOINIA LIMITED PAHIP Trustee: FTRST AMERICAN TITLE CPANY, A CALIFNIA CORPORATION Beneficiary: JKE, GERSTEL, SHEARER AND BREXPNIE, A PARflERSHIP INCLUDING PROFESSIONAL CORPORATIONS By agreement recorded SEPTE MBER 18, 1992 as File No. 1992-0592234 of Official Records, the lien or charge of said deed of trust was subordinated to the lien or charge of the deed of trust recorded SEPTEMBER 18, 1992 as File No. 1992-0592232 of Official Records. 9. The effect of any failure to can1y with the terms, covenants and conditions of the lease or leases described in Schedule A. 1992-93 TAX INFORM?TLctI: r •fI IJ1 09000 206-070-04 $3,557.43 NOT PAID $3,557.43 NOT PAID $643,261.00 $-0 DE AREA : 09000 PARCEL NO. : 206-013-12 1st INSTALLMENT : $1,125.82 NOT PAID 2nd INSTALLMENT : $1,125.82 NOT PAID LAND VALUE : $183,787.00 IMPROVEMENTS EXEMPTIONS HX : $-0- 1992-93 TX flFORTION: DE AREA : 09000 PARCEL NO. : 206-013-13 1st ENSTALINENT : $1,125.82 NOT PAID 2nd INSTALLMENT : $1,125.62 NOT PAID LAND VALUE : $183,787.00 fl.IVE71EMS : $-0- EXEMPTIONS HX : $-0- CODE AREA PARCEL NO. ! 09000 : 206-013-17 $265.50 NOT PAID $265.50 NOT PAID $23,248.00 $-0- NO. 9203287-S 1992-93 TAX INRATICt: we iv4Ii : 09000 : 206-013-14 : $1,009.82 NOT PAID : $1,009.82 NOT PAID $183,787.00 $-0- 1992-93 TAX flO1TI: INA Me i:II : 09000 : 206-013-15 $987.39 NOT PAID $987.39 NOT PAID $183,787.00 $-0- $-0- 1992-93 TAX INFORMATION: 21 0 I MV, 2 09000 206-013-16 : $265.50 NOT PAID : $265.50 NOT PAID $23,248.00 : The form of Policy of Title Insurance contemplated by this report is AMERICAN LAND TIME ASSOCIATION LOAN POLICY - 1990. NOTE: The premium for the Policy of Title Insurance contalated by this report will be based on our 5 year Short Term Rate. EXriaS amTi=. . six CRDER . 9203287-S The follaang are instructions when wiring funds to CUR BANK NAME ............ENK OF AMERICA A1IIESS ..................3233 PARK CENTER DR. COSTA MESA, CA 92626 ABA NUMBER ...............FED RT# 121000358 ACC-T. # - 14584-01598 YOU MUST INCLUDE OUR ORDER NUMBER AND THE TITLE OFFICER DESIGNATION. FAIluRE '10 INCLUDE ¶flSE ITEMS (XXJLD DELAY DISBURSING OF PUNtS. QUALITY ORIGINAL (5) Is/, • - 206-01 SHTHOF2 .1 I * 100 rri Ir 'S Q.CI AC \ cDND3.4 \ TAMARACK C5-2ID3I7 I - - Aj :L_ I )\\\ .9 \ C. s- - :e '.5 POP PA SEE MAP 14I_7:_G1-96 AC BLK W 206-07 SHT I 0F2 I' 100 4L MAR 01 1 93 i2:oqPM ORAN COAST TITLE CRAIM cr 'zm 076W OF S,N DT) 7474 E[ CUM EM TA XMj, Ch 91.941 (619) 697-8900 Fax (619) 465-5650 GOLM SL3NSLT 12.32.5 RNCO BERNXW Y(JAD #2.33 Your No.: Our No: 9300641-S Date: FEMWM 23, 1993 Attention., 'fl( O2NOI2 SAP Effeive Date: FEIPZ'Y 18, 1993 at 7:30 a. n. In response to the above referenced application for a policy of title isurare, Orange Coast Title Cany of San Diego hereby reports that W Title Insurance Caany is prepared to issue, or cause to be issued, as of the effective date hereof, a ?olicy or policies of Title Insurance describing the lard and the estate or interest therein hereinafter sat forth, insuring against loss which inay be sustained by reason of any defect, lien or enctbrence not shown or referred to as an Eception belcw or not excluded fran coverage pursuant to the printed Schedules, (r3.iticns and Stipulations of said policy for=. The printed b=eptiom and E=lusionz from the coverage of said Policy or Policies J are set forth in W-ibit A attached. Copies of the Policy forms should be read. They are available fzn the office which issued this report. This . report (are any sletcnts or anrnents hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assmed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Coniint should be requested. OPJ*= COAST T= COMPANY OF SIN DO Agent for TW Title Insurance o.mçariy Title Officer Title to said estate or interest at the date hereof is vested in: JOSIM C. NC MAMW o III AND JXM W. = MCMO HUSBAND AND WIn AS OJNIT1 PEOPEM - estate'. or Jziterest in the land Ixcim±ter described or referred to In this port is: a HE AN - - ,MAR 01 '93 12:10PM ORANGE CRM NO. 9300641-S COAST TITLE P.11 The 1ar reexrec to in this Report is situated in the State of California, County of Sari Diego, wd is described as follows., PARCZL 3. OF PARCEL MP NO. 14376, IN ME CITY OF CARLSBAD, WMN OF SAN DIO, STE OF CA1IP31NI1, FII-PI' 3N M OFFICE OF = OVNT RECMMM OF SAN DIEGO VNT, JULY 18, 1986 AS FlEE NO. 86-297946 OF OFFICIAL REOR1 2/23/93 RP .. MAR 01 1 93 12:10PM ORANGE COAST TITLE P.12 MIM NO. 9300641-S F= MMM At the date hereof exceptions to coverage in addition to the D=eptians and Ec1usions In said policy form would be as follows: 1. General ai special taxes, the second istaflitnt n.z due, for the fiscal year 1992-93, 2. The lien of slta1 taxes, if ary, assessed prsuarrt to the provisions of Chapter 3.5 (crcing with Section 75) of the Revenue and VMtion Code of the state of California. 3. A Notice of Assessment which states that a lien ahall be placed upon the land shcwn 021 an asussment, diagran. 'WILECTEI) WIf ME GOAL TAXEW'. 4 The recital contained in S 00rtifiCate on said Map, WhiCh agrees to allow the crces-axis of poles or other similar structures placed along the right of way of certain highways on said Nap to cvexang the AbaLting property. 5. The Parcel Map referrW to in the legal description herein, contains various requirents for =Proving the property herein describ. Refereie is made to said Parcel Map for other and further particulars. 6. An easit as Shown on said Map over the NOR ERLY 5 FM I for TREE PLNrnG. 7. The Parcel Nap rafexed to in the legal description herein, contains various req.iirements for irovirg the property herein described. Reference is =de to said Parcel Map for other and further particulars. * S. A "Covenant of irovnt Requirement&' with the CITY OF CAPJ.5D, recorded on CJt3LY 18, 1986 AS FILE NO. 86-298531 OF O7ICIAL RRLS, which provides that certain ircvnents, listed therein, mist be cct1eted prior to the issuance of a permit or other grant of approval for the deVelcpiEnt of said land. 9. A reed of Trust to seoure an indebtedness of $299,900.00, and any other aiiu*.s payable under the teima thereof recorded APRIL 9 1 1991 w&r Recorder's File No. 1991-0158101 of Official Records; APRIL 4, 1991 Trust=: JWTM C. M CRACKEN, UI, JANE W. MC CMQW Trustee: NO1AST SAMM, P.A. Beneficiary: NC, C., D NOR1S1' MMERMM The beneficial interest under said deed of trust was assigned of record to NC1RIWEST SVGS, P.A., by assigrm.nt recorded APRIL 9, 1991 as File No. 1991- 0158102 of Official Rerds. .44.. ... .. .,.. . .4 • MAR 01 193 12:11PM ORANGE COAST TITLE P.13 - 'xiS OrE,UED CHM W. 9300641-S NOI'E 1: Applicant has requested Orange Coast Title Cczany of San Diego (the Cc)any) to issue a prelbniraxy report th' the prerty described herein. Applicant is aware that title insurance ray be available for the ctlatod transaction, but may not req.iest the Czany to issue or cause to be issued a policy herein. Applicant agrees that this report is issued for the exclusive use of applicant and that said preliminary report is issues pursuant to Section 12340.11 of the Insurance Code of the State of California. By acceptance of this report, Applicant understar4s arKI agrees that said report is not an abstract of title, nor are any of the rights, duties or responsibilities applicable to the preparation arx issuance of an abstract of title applicable to the issuance of this report. This report shall not be construed as, nor constitute, a representation as to the corition of the title to real property, but shall constitute a statement of texis and conditions upon which the issuer is willing to issue a title policy, if requested to do so. 1992-93 TAX INRTI: COM AM : 09000 P1 NO. : 206-070-07 1st MOMALLMM : $2,958.42 PAID 2nd INSMUINM $2,958.42 NOT PAID LAND VALUE : $377,400.00 : $182,580.00 EXEWrIS HK : $7,000.00 - - ,- - - - MAR 01 1 93 12:06PM ORANGE COAST TITLE P.6 CPJWZ • ST TITLE amm OF SN bL) 7474 EL 00W BU'D IA X=f CA 91941 (619) 697-8900 Fbx (639) 465-5650 11315 TNC1O BEMA= PeAD #133 Your No.: SAN DIO, CA Our No,: 9300642-S Date: FEBRUARY 23, 1993 Attention: TIM CONNOLE S/B? Effective Date: PJABY 18, 1993 at 7:30 a.m. In response to the above referenced application for a policy of title insurance, Orange Coast Title Cmparry of San Diego hereby reports that TRW Title Insurance Cazany is prepared to issue, or cause to be issued, as of the effective 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 nay be sustained by reason of any defect, lien or enc.xinbrance not shown or referred to as an Exception below or not excluded fran coverage pursuant to the printed Schedules, Coritioris and Stipulations of said policy forms. The printed Exceptions and Exclusions f= the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or ainerxtnents 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 ass= prior to the issuance of a policy of title insurance, a Binder or Comrmitent should be requested. 40 Title to said estate or interest at the date hereof is vested in: 2te estate or int=est in the land bereinaftar described or refd to in Haport1s.- A FEE - I this .. MAR 01 !93 12:07PM ORANG COAST TITLE P.? LL DE=P=CN CRM NO. 93006425 The land referz to in this Report is situated in the State of Californiat County of San Diego,, and Jr. dscrJcd as follomt. PARCEL 2 OF PTt W NO. 14376, IN nM CITY OF CARLSBAD, CIMM OF SAN DIEGO, STATE OF CALIFONfl, FILED IN 7HE OFFICE OF 00 CXXNI? =MR= OF SAN DIBO WJNTY, JULY 18, 1986 AS FILE NO. 6-297946 OF OFFICIAL REoR1:s. t 4 I 2/23,193 RP L - * "MAR 01 193 12:08PM ORANGL TITLE 1R NO. 9300642-S • PAGE THREE P.8 1...... At the date hereof exceptions to covmge in addition to the MceptienS and cc2usions in said policy form wi1d be as fo1ls: 1. The lien of sp1nta1 taxes, if ai', assessed pursuant to the provisions of Chapter 3.5 (conircing with Section 75) of the Revenue and Twati= Code of the State of California. 2 • A Notice of issessment which states that a lien ebell be placed upon the land shown on an assessent diagram. 11C012.EcIw GENERAL 511 . 3. The recital contained in Certificate on said Ip, which agrees to allow the cross-arms of poles or other similar structures placed along the right of way of certain highways on said Nap to ox*ian the abutting property. 4. The Parcel Nap referred to in the 1al description herein, contains various rej4retnerits for i'nrproviq the property herein described. Reference is made to said Parcel Nap for other and further particularL 5. An easement as shown on said Nap over the NIL'1 5 Mj', for UL1T? AND TM PLWIM. 6. AN AaREadmv TO WHIaf RE'ERCE is xmm mm PCIR PULL p RRDING IPAINIaE, HEMMED ZUIX 18, 1986 AS PILE NO. 86-293530 OF OP7IAL PEZS. I'J4 JWZ7.. SS41 V yI *) r I ZM .# •i 'è: .: r ivu iJ1 8. A Deed Of Trust to secure an indebtedness of $325,000.00, and any other amounts payable under the toms thereof recorded m= 9 1 1992 under Recorder's File No. 1992-0128981 of Official Records; Dated: KNUi 2, 1992 Trustor: MUCE C. TA, AN UNRRIED }'N Trustee: OWWI TI'rLE RCN, A CALThORNIA coRRATION Beneficiazy: NMM C=nY &racs CMUMMCN r1he beneficial interest under said deed of trust was assigned of record to ME ST NTICtL mm OF acrc, AS assigrmiant recorded NOVEMBER 5, 1992 as File No. 1992-0707713 of Official Records. -, ---:. MAR 01 193 1208PMORAN1POST TITLE • P.9 iLCtS CORM&W. . . PE PU3R CPM NO. 9300642-S NOTE 1.: Applicant has requested orange Coast Title Ccmpany of Sari Diego (the Ccnary) to issue a preliminary report on the property described herein. Applicant is aware that title insurance may be available for the contoplated transaction,, but may not recj.iest the Oteny to issue or cause to be issued a policy herein. Applicant agrees that this report is issued for the exclusive use of applicant and that said preliminary report is issued p.rsuant to Seotion 12340.11 of the Insurance Code of the State of California. By acceptance of this report, Applicant urxerstars and agrees that said report is not an abstract of title, nor are any of the rights, duties or responsibilities applicable to the preparation and issuance of an abstract of title applica1e to the issuance of this report. This report shall not be construed as, nor constitute, a representation as to the condition of the title to real property, but shall constitute a statent of terms and coritions upon which the issuer is willing to issue a title policy, if requested to do so. 1992-93 TAX DqLttC&T: CDDE APE? : 09000 PAL NO : 206-070-08 1st INSLt1! : $2,579.32 PAIl) 2nd INST t1WI : $2,579.32 PAID LAND VALUE : $242,276.00 X67ZS : $245,877.00 TIS 1 : $7,000.00 -. . ....... MAR 01 '93 12:04PM ORANGE COAST TITLE P.2 • ANE cr 'ITTLE QEPNY OF SAN DIEXO 7474 RL CX2 W-VD IA MA, Ch 91941 (619) 697-8900 Fax (619) 465-5650 GOIZEN SUNSET 11315 RMCHO BMMM R= #133 Your No.: SAN DIEGO, CA Our No: 9300643-S Date: F1RY 23, 1993 Attention: TIM ONNOLE S/RP Effective Date: FEBRUARY 1.7, 3.993 at 7:30 a.m. In response to the above referenced application for a policy of title insurance, Orare Coast Title Cany of San Diego hereby reports that T7 Title Thsuranc.e Cany is prepared to issue, or cause to be issued, as of the effective date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insurirq against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception be1cc' or not excluded from coverage pursuant to the printed Schedules, conditions and Stipulations of said policy foris. The printed E=ptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached, Copies of the Policy forms Sh(Ld 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 as=md prior to the issuance of a policy of title insurance, a Binder or Commiii* should be requested. R. MICEVEBIGE Title Officer Title to said estate or interest at the date hereof is vested in: BL F. HOFTSMM AND VIIA N. }DPTht, I 1SBND AND WIFE AS TOflT TEOMS - estate or interest in the land bereinafter described or referred to in this P4port FEE MAR gi '93 124FM ORANGE COAST TITLE P.3 OR LEXAL SIPI'IC1 NO. 9300643-S nle lare referred to in this Report is situated in the State of California, Cowty or Sara Diego, and is de=ibed as follows: PAR= 3 OF PARCEL MP NO. 14376, IN nZ CITE OF CMLSEAD, O117i OF SAN DIO, STM'E OF CALIFORI4Th., FILED IN MM OFFICE OF ThE =NTY REDER OF SAN DIEGO C!X'NTY, JULY 18, 1986 AS FILE NO. 86-297946 OF OFFICIAL RE=. 2/23/93 RP •1 - MAR ei '93 12:5FM ORANGE COAST TITLE P.4 JO' ORDER!.9D3S..!&ETHM At the date hereof exceptions to coverage in adttion to the Exceptions and Exclusions in said policy form wcu].d be as follows: 1. General ai special taxes, the second installment now due, for the fiscal year 1.992-93. 2. The lien, of 911emental taxes, if arrj, assessed pursuant to the provisions of chapter 3.5 (cQmnneing with Section 75) of the Revenue and Taxation Code 'of the state of California. 3. A Notice of Assesrient which states that a lien shall be placed upon the land shown on an assesGnt cLtagrzun. t1ODILCIED WME 'flE G'EAL TAXL". 4. The recital contained in the owner's Certificate on said Map, which agrees to allow the cross-arms of poles or other similar structures placed along the right of way of certain highways on said Map to c erhang the abutting property. 5. The Parcel Nap raferrd to in the legal description herein, contains various req.iirents for inproving the property herein descriJed. Reference is made to said Parcel Map for other and further particulars. 6. An easement as shown on said Map over the NOFCWL91ERLY 5 r, for UTI= AND TREE PLANTING. EXECUrED: JOSM P. SANDt, WXLT.I7N FA' AND 20 CITE OF CPPISBAD RE.DED: IXII2i 18, 1986 AS FILE NO. 86-298530 OF OFFICIAL RE1XRt JOE SANDY AND BILL FCGA'Y Jt5LY 18, 1986 AS FILE NO. 86-298531 OF OFFICIAL EECXYRIS B'2CE IS MM TO SAID INT5r FM PUlL PARTIWLAI. 9. A Deed of Trust to s.re an indebtedness of $435,000.00, and any other amounts payable undler the terms thereof r2cozded DECOMM 22, 1989 under Recorder's File No. 89-494592 of Official Records; Dated: LEWSM 18, 1989 Trustor: F.PL?. HOFFBAUER. AND VITGfl'IA N. HOFFBT.JER, HJSSAND AND WIFE AS JOINT TENANTS Trustee: CAD-UM MRIAt2E CO',' I A LIFORNIA ORORT] Beneficiary: US 020ERUTY SAV32GS BPNI(, A CATZMEM IRRIct 10. A Deed of Tn3st to secure an irx3ebtaness of $480,000.00, and any other amount5 payable under the terms thereof recorded ?E&3ARY 13, 1992 under Recorder's File No. 1992-0082041 of Official. Records; Dated: JANUARY 27, 1992 Trustor: W1L F. ROFFBAM AND VIINIA N. HC3PThAtJER, HUSBAND AND WIFE AS JOINT TE2N1S ' Trustee: COAST EMM a1PANY, A CALIFCNIA CORIVRATXC Beneficiary: BEVIZ luLLS SEWRIT Ct*ANY 3 I 0 0 MA~ 12:06PM ORAOCOAST TITLE P. 5 ITNUED. CRM NO. 9300643-S The beneficial interest urger said deed of trust was assigned of record to TS cmoZRM WK N2TIONA]J ASSOCThICt by assigrnt recorded JULY 14, 1992 as File No. 1992-0439394 of Official Records. NOTE 1: Applicant has requested Orange Omst Title Coitpany of San Diego (the iany) to issue a preliminary report on the property described herein. Applicant is aware that title insurance ray be available for the cont errplated transaction, but may not request the Carry to issue or cause to be issued a policy herein. Applicant agrees that this report is issued for the e=lusive use of applicant and that said prelimina ry report is issued pursuant to Section 12340.11 of the Insurance Ode of the State of California. By acceptance of this report, Applicant understands and agrees that said report is not an abstract of title 1 nor are any of the rights, duties or resps1bilities applicable to the preparation and issuance of an abstract of title applicable to the issuance of this report. This report shall not be construed as, nor constitute, a representation as to the cozition of the title to real property, but shall constitute a statement of term and conditions ton which the issuer is willing to issue a title policy, if requested to do so. 1992-93 TAX INTIa: -- .AR!A : 09000 FAJ NO. : 206-070-09 1st nisinkmEn : $2,027.07 PAID 2nd DTSTAI2T : $2,027.07 NOT PAID LNDVAII3E : $206,935.00 3VI1 : $169,555.00 - Ro -' - L1a .- 4. 'APPLICATION REQUIREMENTS FOR* TENTATIVE TRACT MAPS (AND REVISIONS) TENTATIVE PARCEL MAPS CONDOMINIUM PERMITS PLANNED DEVELOPMENT PERMITS (FOR RESIDENTIAL PROJECTS ONLY) 1. Ten (10) copies of the tentative map/condominium site plan prepared on a 24" x 36" sheet(s) and folded into 8 1/2 x 11" size PifterL pe of the tentative tract map/condominium site plan shall be submitted byth applicant upon request of the project planner prior to project approval. Each tentative map shall contain the following information: I. GENERAL INFORMATION: 0 0 0 0 0 0 0 0 0 0 FRM003 A. Name and address of owner whose properly is proposed to be subdivided and the name and address of the subdivider; B. Name and address of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the maps; C. North arrow; D. Scale; vicinity map; E. Date of preparation/revisions; F. Classification of lots as to intended residential, commercial, industrial or other uses; G. Tentative Map number in upper right hand corner (City to provide number at time of application). H. Number of units to be constructed when a condominium or community apartment project is involved; Total number of lots proposed. I. - Name of sewer and water district providing service to the project. J. Average Daily Traffic generated by the project broken down by separate uses. 10/92 Page 1 of 8 I I O K. NaniSchool District providing service to troject. O L. Proposed density in lots or dwelling units per acre. O M. Existing Zone and General Plan Designation. El N. Site acreage. II. SITE INFORMATION: A. General O 1) Apprbximate location of existing and proposed building and permanent structures; O 2) Location of all major vegetation, showing size and type; O 3) Location of railroads; 0 4) Legal description of the exterior boundaries of the subdivision (approximate bearings, distances and curve data); O 5) Lot lines and approximate dimensions and number of each lot; El 6) Lot area for each proposed lot. O 7) Setback dimensions for the required front, rear and side yard setbacks for all structures; El 8) Indicate top and bottom elevations for all fences, wails, and retaining walls. Show these elevations at each end of the wall and in the middle. Also show the worst condition elevation. O 9) Show site details for all recreation lots or areas (when applicable). O 10) Total building coverage for lots with proposed structures. B. Streets and Utilities O 1) The location, width and proposed names of all streets within and adjacent to the proposed subdivision, show proposed street grades and centerline radii. Provide separate profile for all streets with grades in excess of 7%. Streets should be in conformance with City Standards and Engineering Department Policies. (Especially Policy Numbers 1 and 22) 0 2) Name, location and width of existing adjacent streets and alleys. FRM003 10/92 Page 2 of 8 I S . 0 3) Typical street section for all adjacent streets and streets within the project. O 4) Width and location of all existing or proposed public or private easements. O 5) Public and private streets and utilities clearly identified. O 6) Show distance between all intersections and medium and high use driveways. O 7) Clearly show parking stall and isle dimensions and truck turning radii for all parking areas. O 8) Show access points to adjacent undeveloped lands. O 9) Show all existing and proposed street lights and utilities (sewer, water, major gas and fuel lines, major electric and telephone facilities) within and adjacent to the project. 0 10) Show all fire hydrants located within 300 feet of the site. C. Grading and Drainage 0 1) Approximate contours at 1' intervals for slopes less than 5%, 2' intervals for slopes between 5% and 10%, and 5' intervals for slopes over 10% (both existing and proposed). Existing and proposed topographic contours within a 100 foot perimeter of the boundaries of the site. Existing onsite trees; those to be removed and those to be saved. O 2) Earthwork volumes: cut, fill, import and export. O 3) Spot elevations at the corners of each pad. 0 4) Method of draining each lot. Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. 0 5) Location, width and/or size of all watercourses and drainage facilities within and adjacent to the proposed subdivision; show location and approximate size of any proposed detention/retention basins. U /2. 6) Clearly show and label the 100 year flood line for the before and after conditions for any project which is within or adjacent to a FEMA flood plain. One (1) copy of 8 1/2" x 11" reduced site plan and building elevations. FRM003 10/92 Page 3 of 8 3. One (1) coY8 1/2" X 11" location map (suggested It 200" - vicinity maps on the site plan are not acceptable). 4. Environmental Impact Assessment Form (separate fee required). Required for tentative parcel maps only where significant grading is proposed. Check with Planning staff to determine if required for your application. 5. Public Facility Agreement: Two (2) copies: One (1) notarized original and one(1) reproduced copy. (Separate fee required). 6. Disclosure Statement. (Not required for tentative parcel maps.) 7. Property Owners' List and Addressed Labels SCHEDULED TO BE HEARD BY THE DECISION MAKING BODY, THE PROJECT PLANNER WILL CONTACT THE APPLICANT AND ADVISE HIM TO SUBMIT THE RADIUS MAP, TWO SETS OF THE PROPERTY OWNERS LIST AND LABELS. THE APPLICANT SHALL BE REQUIRED TO SIGN A STATEMENT CERTIFYING THAT THE INFORMATION PROVIDED REPRESENTS THE LATEST EQUALIZED ASSESSMENT ROLLS FROM THE SAN DIEGO COUNTY ASSESSOR'S OFFICE. THE PROJECT WILL NOT GO FORWARD UNTIL THIS INFORMATION IS RECEIVED. - A typewritten list of names and addresses of all property owners within a 600 foot radius of subject property (including the applicant and/or owner) except for all Tentative Parcel Maps which shall submit a list utilizing a 300 foot radius pursuant to Section 20.24.115 of Title 20. The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. - Two (2) separate sets of mailing labels of the property owners within a 600 foot radius of subject property except for Tentative Parcel Maps which shall utilize a 300 foot radius. For any address other than single family residence, apartment or suite number must be included. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. 8. 600 Foot Radius Map (300 foot radius for Tentative Parcel Maps A map to scale not less than 1" = 200' showing each lot within 600 feet of the exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptable to the Planning Director if the required scale is impracticaL For Tentative Parcel Maps, a map to scale on an 8 1/2 x 11 inch sheet, showing each lot within 300 feet of the exterior boundaries of the subject project. 0 9. Preliminary Hydrology map and calculations for lots exceeding one acre. Show before and after discharges to each including drainage basin. FRM003 10/92 Page 4of8 ''2/ 6' 10. Three (3) copies of the Preliminary Title Report (current within the last six (6) months). Q 11. Proof of availability of sewer if located in the Leucadia County Water District or the Vallecitos Water District. V 14. Statement of agreement to waive tentative subdivision map time limits. Required for tentative maps only when project requires concurrent processing of planning application, or environmental review. 2. School District letter indicating that school facilities will be available to the project. 3. Colored Site Plan and Elevation Plan (Not required with first submittal and not required for tentative parcel maps). It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one (1) copy of a éolored elevation to the Planning Department by Noon eight (8) days prior to the Planning Commission meeting. Do not mount exhibits. S o 15. Constraints Map At the same scale as other exhibit (i.e., Tentative maps, Site Plan, etc.). (24" x 36") folded to 8 1/2" x 11" shall include the following information: (Note: this information is not required for previously graded sites and the conversion of existing structures.) If the constraint does not apply to the property, list it on the map as not applicable. (1) Major ridge lines 1. U U U U 10 0 0 0 FRM003 (2) Distant views (3) Internal views (4) Riparian or woodlands (5) Intermittent drainage course (6) 25 - 40% slopes (7) Slopes 40% and above (8) Major rock outcroppings (9) Easements (10) Floodplains (11) Archaeological sites (12) Special planning areas - type of special planning area 10/92 Page 5 of 8 0 (13) Biological Habitats. Indicate the location of coala! sage scrub and chaparral plant communities existing on the site 0 (14) Beaches 0 (15) Permanent bodies of water 0 (16) Wetlands 0 (17) Land subject to major power transmission easements 0 (18) Railroad track beds. _-9TiAll projects must evaluate their potential impacts on the regional transportation system, including the costs of mitigating the associated impacts, as required by the SANDAG Congestion Management Program (CMP). For projects with an average daily traffic (ADT) generation rate greater than 500 vehicles per day ar 200 or more peak-hour vehicle trips: Submit two (2) copies of a Circulation Impact Analysis for the project. The analysis must be prepared by a Registered Traffic Engineer or Registered Civil Engineer. The analysis must show project impacts to all intersections and road segments identified as impacted within the included Local Facilities Management Plan or as otherwise determined in discussions with staff. The following minimum information should be included with the study: a) 8 1/2" x 11" or 8 1/2" x 14" plats showing zone impacted roads, background and project AM and PM peak hour impacts and traffic distribution. b) Project traffic generation rates and traffic assignment. c) Necessary calculations and/or analysis to determine intersection and road segment levels of service. d) Any proposed mitigation requirements to maintain the public facility standards. e) On Collector streets and above, an analysis of the need for a traffic signal will be required. "Large" projects: Any project which, upon its completion will be expected to generate either an equivalent of 2,400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips, including large projects that may have already been reviewed under CEQA but require additional local discretionary actions, is defined as a "large project" under the SANDAG Congestion Management Program (CMP) and will be subject to enhanced CEQA review as specified in the CMP. Depending upon the complexity of the project, the City of Carlsbad reserves the right to require a traffic study on any project. FRM003 10/92 Page 6 of 8 7. Noise Study consistent with the Planning Department !inistrative Policy No. 17 when applicable. (See Policy #17). Two copies of preliminary soils/geologic report for all project with cut or fill depths exceeding 5 feet. D 19. For all condominium conversions, a signed statement by the owner stating Section 66427.1 of the State Map Act will be complied with. a-2O---- For all condominium conversions, a letter from San Diego Gas and Electric company stating that plans to convert the gas and electric system to separate systems have been submitted and are acceptable. s-9 ---21-.--- For all condominium conversions, one copy of a compliance inspection performed by the Building Department. (Separate fee required.) El' 22. For all condominium and planned development projects, ten (10) copies of a preliminary landscape plan (four (4) copies for projects with four or fewer units) on a 24" x 36" sheet(s) folded to 8 1/2" x 11" size Fifteea (15) copies of the landscape plans shall be submitted by the applicant upon request of project planner prior to approval of the project. The scale should be consistent with all other exhibits. Each landscape plan shall include the following information: a. Landscape zones per the City of Carlsbad Landscape Manual. b. Typical plant species, quantity of each species, and their size for each planting zone in a legend (Use symbols). C. An estimate of the yearly amount of irrigation (supplemental) water required to maintain each zone. d. Landscape maintenance responsibility (private or common) for all areas. e. Percent of site used for landscaping. f. Water Conservation Plan. 23. For all condominium and planned development projects, ten (10) copies of the building elevations and floor plans (four (4) copies for projects with 4 or fewer units) on a 24"x 36" sheet(s) folded to 8 1/2"x 11" size ifte (IS) pe of the building elevations and floor plans shall be submitted by thiapplican.t uponrequest of the project planner prior to project approval. Each building elevation and floor plan shall include the following information: a. Floor plans with square footage included. b. Location and size of storage areas. FRM003 10/92 . Page 7 of 8 C. All b gs, structures, walls and/or fences, s and exterior lights. d. Include a scale on all floor plans and building elevations. e. Indicate on all building elevations, compliance with Carlsbad Height Ordinance 21.04.065. DC SUBMIT ARCHITECTURAL GUIDELINE COMPLIANCE SUMMARY IF APPLICABLE (SEE COUNCIL POLICY NO. 44 FOR THE DEVELOPMENT OF SMALL LOTS, AS ATTACHED.) EY 25. Photographs of the property taken from the north, south, east and west. 0. Construction materials board and color samples (i.e., roofing, exterior walls, pavement, glass, wood etc.) O 27. Pursuant to Section 21.45.040(6) of Title 21 applications for planned developments on properties designated or zoned for single family development shall be accompanied by a preliminary tentative map. This map shall illustrate how many standard lots conforming to applicable zoning and subdivision standards served by public streets could fit on the site. The design of this preliminary tentative map shall comply with all applicable City Ordinances and Standards except for the design standards of the Planned Development Ordinance. The applicant shall also submit maps, diagrams, plans and a report showing that the proposed planned development will result in superior residential development consistent with the purpose and intent of the Planned Development Ordinance. The density on the developed portion of the planned development site shall be similar to and compatible with surrounding development. Signed "Notice of Time Limits on Discretionary Applications". OX29. Completed "Project Description/Explanation" sheet. 0 30. Deposit for Publication Notices - See Fee Schedule for amount. FRM003 10/92 Page 8 of 8 as bad 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 information must be disclosed: 1. Applicant List the names and addresses of all persons having a financial interest in the application. 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names anc addresses of any person serving as officer or director of the non-profit ornization or as trustee or beneficlar', of the trust. FRM13 4/91 Page 1of2 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 4381161 ft (Over) Disclosure Statement Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Boards. Commissions, Committees and Council within the past twelve months? Yes - No - If yes, please indicate person(s)_________________________________________ Person is defined as: Any indMduel, 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.) Signature of Owner/date Signature of applicant/date Print or type name of owner Print or type name of applicant FRM 13 4/91 Page 2 of 2 0 so PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: APPLICANT NAME: Please describe fully the proposed project. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation. Rsv. 4/91 ProjO.sc.frm S. NO STATEMENT OF AGREEMENT TENTATIVE PARCEL MAP CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time restriction on Engineering Department processing. This time limit can only be extended by the mutual concurrence of the Applicant and the City. By accepting applications for Tentative Parcel 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 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 Parcel 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 City Engineer action and fully concurs with any extensions of time up to one (1) year from the date the application was accepted as complete to properly review all of the applications. SIGNATURE DATE NAME (PLEASE PRINT) RELATIONSHIP TO APPLICATION (PROPERTY OWNER/AGENT) City Engineer CITY OF CARLSBAD 2075 Las Palmas Dr. Carlsbad, CA 92009-4859 PROPOSED MINOR SUBDIVISION NO.____________ I (We), the undersigned owner(s), do hereby state that I (we) have read Section 66427.1 of the Subdivision Map Act and I (we) will make the notifications to the tenants required therein. DATE OWNER DATE OWNER 66427.1 Establishes requirements for notice to tenants and right of tenants to exclusive contract for purchase In condominium, community apartment or stock cooperative projects. The legislative body shall not approve a final map for a subdivision to be created from the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project unless it finds all of the following: (a) Each of the tenants of the proposed condominium, community apartment project or stock cooperative project has received, pursuant to Section 66452.9, written notification of intention to convert at least 60 days prior to the filing of a tentative map pursuant to Section 66452. There shall be a further finding that each such tenant, an each person applying for the rental of a unit in such residential real property, has, or will have, received all applicable notices and rights now or hereafter required by this chapter or Chapter 3 (commencing with Section 64451). In addition, a finding shall be made that each tenant has received 10 days written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, and that such report will be available on request. The written notices to tenants required by this subdivision shall be deemed satisfied it such notices comply with the legal requirements for service by mall. (b) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been, or will be, given written notification within 10 days of approval of a final map for the proposed conversion. (c) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been or will be, given 180 days written notice of intention to convert prior to the termination of tenancy due to the conversion or proposed conversion. The provisions of this subdivision shall not alter or abridge the rights or obligations of the parties in performance of their covenants; including, but not limited to, the provision of services, payments of rent or the obligations imposed by Sections 1941, 1941.1, and 1941.2 of the Civil Code. (d) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has been or will be, given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not to exercise the right. (e) This section shall not diminish, limit or expand, other than as provided herein, the authority of any city, county, or city and county to approve or disapprove condominium projects. [Amended, Chapter 1128, Statutes of 1980] POOR QUALITY ORIGINAL (S) I. so POLICY NO. 20 EFFECTIVE DATE: 9'5189 PLANNING DEPARTMENT ACMINISTP.AIIVE POLICY - OVEH.NG :inistrative Policy No. 11 made the standard provision for non-c:—:az sacs to have a minimal paved area of 8-1/2' x 17-1/2' with 2-1/2' o'ra-: a.acent lariscaped area. The widespread application of this OOHCJ -as a ;eneral deterioration of landscaped setback areas in most proec:s. .; rest. the following policy shall be applied: 1. Io parking overhang will be allowed into any required setback area. 2. Parking overhang will be allowed only in special, specific stuations as r e v i ewed and approved by the Planning Director on a case by case basis. 3. n no case shall parking overhang be allowed for compact car spaces. Thic administrative Policy reoeals Administrative Policy 9o. U. ~PPRIVVED BY: MICHAEL J. OZM Planning Director MJH:ENM/lh 0 *CctL"VC Date PLL"i PLANNING DEPARtMENT ADMINISTRATIVE POLICY - - - •...: ... ' t ifl .'.- -. ,. I .\ _lI.,. ' rl - A wail seac'J to resist the lateral dispiacemer.. :t r aid matcrias beinc substantially equal to the height of the -ail. Te ..,ii a Seiion 11.46 L0 of the Zone Code and other applicable sctcns .t dc sall be tntcrpre,ed :a mean retaining walls in addition to solid eaces. 5icv R.thr - An orcn Lcncc nut to exccccl 36' in hciht. The said oren:".5 ba the ciaiccals ot which the fcnce is constructed must not represent less trial c) ereat of the total surface of each live foot linear section when '-cewea rcTrdicular to the face of the fence. ['he ota1 height (t alL walls. Lences. retaining walls, and combination lence rctaininz walls in a required setback shall not exceed the following limits: A. In a required Iront .ard setback. the total height shall not cxccei Example - Two 42 inch retaining walls would not be permitted nor a - retaining wail and another 42 inch fence). B. In a rciuired side arid rear yard setback, the total height shall not exceed 6 Lcct. Example A 4 ft. retaining wall and a 5 ft. fence would not be permitted because the total cxcccds 6 ft). C. Upon approval of the Planning Director. the total height shall not exceud 6 feet in a required street side yard. Otherwise. the total height shall not exccd 42 inchcs in a street side yard. (This includes all combinations of fences and retaining walls). D. A 36 inch safety railing is required on top of all retaining walls that exceed a height of 3 feet. The maximum height of the railing shall he 36 inches and must conlurin to the definition of a safety railing. APPROVED BY: 4 I (no MICHAEL J. LL LLER Planning Director JG:at 0 PoLicy No.: 23 Effective Date: 6'2690 PLNNtNG DEPARTMENT ADMINISTRATIVE POLICY 200 Scuare Foot Open Space in PDs Until the PD Ordinance is revised, Section 21.45.090(g)(1), regarding the open space requirement of 200 square feet per unit, shall be calculated as follows: 1. Roof decks can be counted towards satisfying this requirement. 2. Private yards with a minimum dimension of 15 feet can be counted toward the open space requirement. 3. Patios and balconies can be counted toward meeting the 200 sq. ft. requirement as a private passive area. 4. If a detached single family project is 4 units or less, and the lots are less than 7.500 square feet, and private yards of 15' x 15' are provided, a common active recreation area does not need to be provided, however common passive recreation area must be provided. 5. Where common active and private passive recreation areas are required, then 50% of the coral recreation area shall be provided as a common active area. APPROVED BY: MICH A EL Planning Director . 0 BH :kd Pol.23 por..ICS: 24 EFFECTIVE DATE: 3/24/30 PLANNING DEPARTNZNT ADMINISTRATIVE POLICY DRIVEWAY D!7INITION he following administrative policy shall become effectjie .ediately. However, it shall only apply to applications deemed complete on or after the effective date. Additionally, it shall apply to previously approved projects that seek an amendment if the application for said amendment is deemed complete on or following t.-e effective date of this policy. Section 21.45.090 of the Planned Development Ordinance presently contains standards which distinguish between a driveway and a street. However, no definition describing the difference between a street and a driveway is provided. Until the Ordinance is amended and a more formal definition is prepared, the following definition of a driveway shall, be used: DRIVEWAY - Provides access from a public or private street to parking spaces, garage(s) or similar structures. The purpese of a driveway is not to provide for vehicular through traffic between properties or projects or to provide the required street frontage for individual lots. Driveway for the purpose of implementing Section 21.45.090 (Carlsbad Municipal Code) and serving more than one dwelling unit is defined as having a minimum pavement width of 30 feet curb to curb and having access to a maximum of twelve (12) dwelling units. All units having direct and/or indirect access to a loop driveway shall be counted toward the maximum 12 dwelling units. For driveways that do not exceed 30 feet in width, guest parking per 21.45.090 would have to be "dispersed" in bays along the entire length of the driveway. "Dispersed" shall be interpreted to mean that the guest parking space shall be no more than 100 feet measured in a logical walking path from the entrance of the unit it could be considered to serve. In projects that have single loaded driveways, the driveway can be increased to a maximum of 32 feet to allow parking on the side away from the structures. Guest parking on driveways shall be supplied proportionally along the driveway to the number of units served on the driveway. If 12 or more dwelling units are contained in a single structure, it shall be considered to be served by a driveway for setback purposes if that driveway is primarily for providing access to parking spaces, garage(s), or similar-structure(s). APPROVED BY: MICHAEL J. HftZMIWZR . Planning Director art CF CA?3BAD _i._ry 10. COUNCIL POLICY STATEM.ENT ate Issued General Subject: SMAll.. LOT SINGLE FAMILY HOMES LE f_f e c t iv e Date .O.O Specific Subject: ESTABLISHING GUIDELINES FOR THE ance11aiort Date DEVELOPMENT OF SMALL LOTS persedes No copies to: City Council, City Manager, City Attorney, Departrnent and Division Heads, Employee Bulletin Boards, Press, File PURPOSE To provide guidelines to encourage the quality development of small-lot (less than 7500 sq.ft. single family projects. The intent of the guidelines is to ensure that units have building articulation on all four sides and will not appear as rcwA housing. They are primarily designed to apply to projects where there is a predominance of two-story units. POLICY Guidelines for Small-Lot Single Family Projects In projects where there are three 2 story units in a row situated less than 15 feet apart, at least one of the three units shall have a single story building edge. The depth of the single-story edge shall not be less than 10 . and shall run the length of the building pad. The roof covering the single story element shall be substantially lower than the roof for the 2 story element to the unit (this is not intended to preclude long shed-type roofs falling to a single-story element). 2. In projects where there are three 2 story units in a row situated between 15 and 20 feet apart, at least one of the three units shall have a single story building edge with a depth of not less than 5 feet running the length of the building pad. The roof of the single story element shall be substantially lower than the roof for the two story element of the building (this is not intended to preclude long shed-type roofs falling to a single- story element). 3. On a project basis, thirty-three percent (33%) of all units shall have a single story edge for forty percent (40%) of the perimeter of the building. For the purpose of this guideline the single story edge shall be a minimum depth of three feet (3'). The units qualifying under the 33% shall be distributed throughout the project. The main purpose of this giideffne Is to ensure some building relief on the front and sides of each unit. 4. For at least 50% of the units in a project, there shall be at least three separate building planes on street side elevations of lots with 45 test of frontage or less, and fdur separate building planes on street side elevations of lots with a frontage greater than 45 feet. The minimum offset in planes shall be 18 inches and shall include but not be limited to building wails, windows and roofs. The minimum depth betwien the faces of the forward-most plane and the rear plane on the front elevation shall be 10 feet and a plane must be a minimum of 30 sq. ft. to receive credit under this section. •.L OF CARLS3A Licy No. COUNCIL POLICY STATEMENT at@ isqupi fl General Subject: jfective Date LJ : Specific Subject: Cancellation Date Sucerdes No. Co pi e s to: Cty Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File 5. Rear elevations shall adhere to the same criteria outlined in number 4 above for frcnt elevations except that the minimum depth between front and back planes on the rear elevation shall be 3 feet. S. At least 50% of the units in a project shall have one side elevation where there are sufficient offsets or cutouts so that the side yard setback averages a minimum of 7 feet. 7. Projects with an average lot size of 5.000 sq. ft. or less shall limit the number of units with three car garages to 75% of the plans in the project. Project units with three car garages shall be a mix of two door garages, three door garages, and offset (2 planes mm. 12') two door garages. 6. Fifty percent (50%) of exterior openings (doors/windows) shall be recessed or protected a minimum of? and shall be with wood or colored aluminum window frames (no mill finishes). 9. The predominant roof framing for each floor plan in a project shall exhibit directional variety to the other floor plans and to the street. Notes: a) For the purpose of these guidelines a single story element shall be defined as a plate line maximum of 12 feet (10 feet preferred). b) In addition, when a percentage of units is described in the guidelines the intent is to have that percentage spread throughout the entire project. c) In a row' shall include curves and shall terminate at a 90 degree street Intersection. GRAPHIC ILLUSTRATIONS S I STREET SCENE/ALL TWO STORIES II I STREET SCENE/WITHIN DESIGN GUIDELINES flU IDEA INE It, -S - STANDARD 3 FEET MINIMUM 2-STORY BOX SINGLE STORY ELEMENT tt _ I _ PAT 41uIDEJJi'L1r ) 3 a LOT WIDTH LOT WIDTH 45 FEET OR LESS GREATER THAN 45 FEET ~CUPA if - -------------- - 7 FEET AVERAGE (--rl TIJIFT INF,6 3 DOOR OFFSET __ !iIiiUiLI'itA I S ROOF LINE VARIATION - p ARCHITECTURAL GUIDELINE COMPLIANCE SUMMARY PD8B-4& 80(A) 8 !11 /89 - Pi4ODUCT I PPOOCT 2 PRODJCT 3 PRoDUCT Touc-r M =ITNII. VILLAGES VILLAGES V:LLAGS VILLAGES vLAGLs GUIDELiNE - RD 11,11,0 QF H.G B.K.I.0 D.EF :xcEz)1l:c i'ttj STJID WHERE (3) ThO-STORY UNITS OCCUR IN A ROW AND THEY ARE SITUATED Cr FIVE I'ODUCTS. -poc.c LESS THAN 15 FEET APART. AT 1 OF 3 1 OF 3 2 OF 3 2 OF 3 2 OF 4 3 OF 3 CO'WLIES 11 II 57ANDA4DS. LEAST (1) UNIT MUST HAVE A SINGLE STORY WELDING EDGE 110? LESS THAN 10 FEET III DEPTH. - WHERE (3) NO-STORY UNITS OCCUR ALL PRODUCTS WERE DESIGNED TO COMPLi IN A ROW AND THEY ARE SITUATED WITH GUI1)LIIIE 1. I! THAT THE 0' E 13 TO 20 FEEl APART, AT LEAST 1 OF 3 NA NA NA NA NA STORY ELE'iElT !1I PPDUCTS ONE TI!POLGII (1) UNIT MUST HAVE A SINGLE FVE HAS A MINIMUM DEPTH OF 10 FELT STORY BUILDINGEDGE NOT LESS T"LY ALSO COMPLY WITH GUIDELINE .'. THAN 5 FEET IN DEPTH. PER PROJECT. 33% OF ALL UNITS :XcELDIIIG rIhliruti STAI;9;,PD ALL SHALL. HAVE A SINGLE STORY EDGE 5 rpj[ PRODUCTS. A MINIMUM OF 40% OF THE TOTAL. 33% 35% 45% 100% 45% 45% PERIMETER. 4. PER PROJECT, 50% OF ALL UNITS WITH EXCEEDING MINIMUM STAIIDARN Ill ALL A LOT FRONTAGE GREATER THAN 0 50% 0 85/0 0 bD /0 0' tZ /0 0 lOu io 70% ' FEET MUST HAVE (4) SEPARATE BUILDING PLANES ON THE FRONT ELEVATION. 5. PER PROJECT. 50% OF ALL WILTS WITH I:xCrEU!lN; MIIIIEuM TAuI'AI't) III ALL A LOT FRONTAGE GREATER THAN 45 FEET MUST HAVE (4) SEPARATE 50% 85% 85% 85% 100% 70% lIVE: PIlOI)U(I. BUILDING PLANES 014 THE STREET SIDE ELEVATION. . S . 6. PER PROJECT, 50% OF ALL UNITS SHALL I:XCEF.1)IIH; lillilhiuN S'AUUAI'fl :u ALL HAVE ONE SIDE ELEVATION WITH A 7 50% 100% 85% 100% 100% 100% FIVE pRODlN. 1. THREE-CAR GARAGES LIMITED TO 15% OF TIlE AVEPI I/Il sil: :u ALL FIVE THE TOTAL UNITS WHERE AVERAGE LOT P'O1*IC'l .l II7 o l:ty; 1 SIZE IS 5,000 SF OF LESS. 75% 100% 100% 100% 100% 100% 6.ouo TAT! 1 ) 1:1 THREE-CAR GARAGES SHALL IIICORPOI4.ATE S ij:v i:l 11" I : I- A MIXTURE OF 2 DOOR, 3 1)0014, AlIt) .\l'!.I'AlU l"Ei! V :'. :.u. rit: OFFSET 2 DOOR DESIGIIS. S ••')lJI'• Il;.? t.!-.....!:; ':ut.:: - I. 50% 01' l:XTF'IOR 1)0014 AND WIIIIY'W ( S II ......'! it;i'; r' - ')PEH I i:c; SI I.L itt: PROJECTED O S' h'ECES::I:D A -.11111111M OF 2iiiuth 50% 100% 100% 100% 1 00% IM), TJk17 —7 7 PLAN 1 (151 MIX) PLAN 2 (20% MIX) TYPICAL BUILDING ELEVATIONS Ifl tI 1.5111 . I 1cI •' :\'LiT . ,\i,. - I - ---- -.-- I\::111L-; S - .. 1'• . f) '/l - It ----. _.; t__; L___. _____5. . .'. . '. - - .. ........................ . ft -. ., I4".s :,Ii 3 I ".' P '. 1 .pt!• • ot..u:t. rt.s:t%. ,e •. .......... •• • -- ft i••e ............2 . elen.,.t to Ott ._:l:t - uI,.• •o •i... . ..tdt jps roo& to S S LI •J* Still / .,ftIIt) • hi I I,.it,:l 'I I .................... ii ......I .......his !11 1.d DItII'.;,..TI liii Mull I:, ;i. I I.t III. ..ioi.ift ft .5 ,i,s..:,.i.: .51111 CI.!tl1_:.i sills SililliuN ill illl,L I UllIl I I. II U.I$!.IU Ull STP(t .-ROF 11. t.1.111.1 I I I -JA! St I I II is 411 . Mliii t T. t.CU*L CCSIVLI MIlL 10 V' MTS -- --- PLAN 3 (30% MIX) - ii PLAN 4 (35% MIX) STREET PROFILE MINIMUM CRITERIA COMPLIANCE VILLAGES M N 0 Li L'L-ç Ms. I . •yff I.. Lt'±..[LILIiLI u -nv-, STREET PROFILE MINIMUM CRITERIA COMPLIANCE S I C I • 5. S Si & ep: : sha.i it $USt.At :s t / rIc-qflt to ?s uat (tfl:i. s roo1 to S %t:.q:t-sttny t.covllt) • .1 15T05•6 tt(.O t. . I I 1 IM •1i1. ((Wil RI tCI OLUI,SL1fj AL .II(Lr! t( ,0 IIi I , .5 91L..'o,LI W111 CIO LULLS:II, 11.1 ,L:,II'l,., liii lii's A,.'l.t(I, I ILIUtTR.'sTLU 051 sypcvr •'nOi Iii I'll. Ut! LI. I' .'sC:U*L C01ll.( HI r I 10 i -r.i too . - t'-S- -- - r~o VILLAGES 0,13 Fit L_ - ' lv' PLAN 3 (30% MIX) PLAN 4 ( 3S% NIX) 1 STORY CLEMENT PLAN 1 (15% MIX) PLAN 2 (201 UX) TYPICAL BUILDING ELEVATIONS .10 FT. *' Mill. , - PLAN 2 ?L?'1 4 Si NJ 0 FT. •1 ELAN 1 (151 MIX) PLAN 2 (20% MIX) TYPICAL-BUILDING ELEVATIONS :...,. : — - H I • ,..,Ld,I i.si ''•'s'rfltt, t** tS 1.ce 1,,: , ,,n I I a,. , si.... •. :. Ije ..t S. • dept ?l .1 Iris ti.t, ,I',.rI I'I' tilt *3 S S'i, ulSter ua::s. t. C.. s:r.I'c S(O.j. •trt.nt .1,11 be sutist.atla!Ij or, :en ". l..ot •.''i. . •. . •.-..nt, :o Ste t.11 (:bs guoe .LLq to £ ss,q1.stos •I*nei,l). (01111 05.1011 *IIOATI(ll. AlL) 5.Il'Il I .iI11 11*11. • Ill .5111 LI S A Ti) C: • 'III .. Illilil. .110.13 111.0W Dt)HSTPA?tS I, I lCl I 5II(L WI 711 1.L) I DCI. I III. III nll,In.P. I Ill CIlIA liflll.l;.11. Illt,5.rlAIID 01 SIPlIT 111111 II C III LIII II I IlIAC 5.11 L I' II WIlL ILILILI I.l.rtML C0lIpl.11 AlICE • 10 FT. 14*11 1''•. I I--- -- 1!. I •-.._ I ---I II J -,•••.* 3:: PLAN 3 (301 MIX) PLAN 4 (351 MIX) •,__,i $ •-.I ''11 -. - 'r—\JI lJLi L! • T5 /\• /( •.' 1 STORY ELEMENT A0 FT. 11*11. PLAN T[I STREET PROFILE MINIMUM CRITERIA COMPLIANCE I STORY ELEMENT PLAN ' VILLAGES H,G 'kJf '-- • '1T' -'rr ;'- w' 'r w.1r r — :4L0 TT •;tl. PLAN 1 (15% MIX) PLAN 2 (20% MIX) PLAN 3 (30% MIX) PLAN 4 (151 MIX) 00 - L1LL -IjL )) :—------• ,jJ\7{Juj u I4 U JI/i\j± L'iD E1 Li iL f. I• I ) t VU,.....alt not .c 0 st,.j ..'S it 5 .4 t: a t?.ttC ..sto., , - '.,c ..tt. a depth I.. is tic, to :e..t a)a - it . .,: :. ottoer units 7.s or o.; I. .qIe,ls.: el,. e,t snaiL basuostantiatty Ohs to cot ,.t 0' r 2 nO. j •ica.ot to tO.. unit (t-1:s • a o,o : 0 t1p.hta,dad :ailing to a ssni.-sto:j c.ssi.t). I I: VA'Io'ss AID '.tPttT S3L'.I I'IiIOt It '.sttWti ii,. .51,9 Y 10 LI :110. l'IitUU, 1 :o , I.0PLIAN&t WillS CUIUtLIIIE e'.r, t ,itr,ill (1019 lSOA I IniI'LIAII, I .,; Ll.USTIIST(O Oil ST -T I; i 00(10W 'It S :IAL .1tl l"..i, Will, PLt'LrcT ACtflal. CO10IPLII.IICL TYPICAL BUILDING ELEVATIONS LE'•IE'IT STREET PROFILE MINIMUM CRITERIA -•-- ,F P VILLAGES B.K,I,C ,jL_)(( \i • I(( . COMPLIANCE y .O tT I tilt:. Aim / A\j 'I JiLNiJis :n poj.C.Willis •a a6 t l:o:-y ts a :0. ,.t,a(eJ liar t..n S ..( •2S:. • or. o ts ,tt, sn.1 a sfnql. .ory lt:nq .dqe oltl a .ptr% o not 1.60 than :0 f..c .d)ac.nt to one of U.o ot her r::g. s roof coo.r:, t1. .1091. $to:y •l.n.n: .h.11 be .ubatlaZl to'..t U.n :. root or t%a •tory •t...nt to Ua ut Ithis t.o p:.clod. .:.d-ty?. :.t to a stq1.-St0y •tis.ntt. COIICLUSIOd (L(VaT!O.S AND 51UCCT sccrr rioriLt SIuIIl.N •tL •CNQN*TNATC$ till Aagt.ltv O PLOT TillS l'i000C? In COIIPLIANC( WITH GU*C(LLNC VOL i$101M1 CI1[•IA COOPLIANLL 1, ILLUSTØaT&D Oil STOUT PO0FILL •1.04. IIIC PIWIIL SITL PLOH 41 LL PLVI.CCT aCTUaL COIISLIAIICC PLAN.L..(LO%..MIX) PLAN 2 (ISS MIX) RLAN3..(201 MIX) PLAN 4 (25% MIX) TYPICAL BUILDING ELEVATIONS I STORY ELEMENT I STORY .ELEMENT- 10 1T PLAN 4 STREET PROFILE MINIMUM CRITERIA COMF-tIANCL PLJ¼IJ 5 (30% MIX) I 5"ORy rLt:MtiT r7-..IT. —-: VILLAGES D,[,F . ., '1 V. C I E PLAN 3 (30% MIX) TOTAL ?-R::~ETER 202 T. ONE STORY = 58 FT. 29%) PLAN 4 (351 MIX) TOTAL PERIMETER = 190FT. ONE STORY = 73T. (30%) • --: ••.. - •:j._4.1 -I 1L1tJ L LlLL-_ - o • • IS% ..0 . dttrbt..I :,...I TuI tOER FLANS 1:1 H1 •II)IIJ.. 'C .9 I 1,11 ri I'I 1. I , t8W I:CL(- $Wy (p!flETTN I S .•0 .1.115 ...,U;t .1 II irA.. HIX. THEPEMP9. !XCELUIIR. lilt )It 1 STORY ELE:EN- PLAN 1 (15% MIX) PLAN 2 (20% MIX) TOTAL PERIMETER = 217 FT. TOTAL PERI METER = 183 FT. ONE STORY 217 FT. (100%) ONE STORY = 94 FT. (51%) ,r VILLAGES M,N,O SINGLE STORY BUILDING PERIMETER ii -E 1 IJ ,I. 'I .1 7.2 .' ..:.. ........t I;(1%) ..• t.t I / ............. . .• '. • .. .. . i I I •2' •0 2: on. ,,I,:t . ;• ..3t. :zIIl..IOM $11201.2 02!'2 1 III S 12111 'I 4. I . THtMI'1 sjiGL -s'0P IfutrI TI H i'll '.: .0 I'S ..'.IVIII, 4.3 03 . . 1I7.L lIK. EaS0Nt. 1.31.1 lUllS.. •III 311 IlI°jIl'O sToI'? Z:LC:i;:iT - 1. PLAN 1 (15% MIX) TOTAL PERIMETER = 215 FT. I STORY 215 FT. (1001) PLAN 2 (201 MIX) TOTAL PERIMETER = 197 FT 1 STORY = 49 FT. (24%) PLAN 3 (30% ;IIX) TOTAL ?ERIMETER = 208 FT. 1 STORY = 112 FT. (541) PLAN 41 351 MIX) TOTAL PERIMETER = 211 FT. 1 STORY = 65 FT. (311) VILLAGES Q,P SINGLE STORY. BUILDING PERIMETER .— • . • -. .-rr ——.-----w O.. QUALI Y ORIGINAL (S) XEROX TELECOPIE 7010 11-30-9 -30-1993 15:33 FRO w HD RECOPE' 3:319 1 519 696 d795 PM Eli TO - 6194380894;# 1 94380894 P.01 RECEilVED Nov 30 1993 CTY OF CAL,A • PLffl' DPT 101 ASE STREET, SAN DIEGO, CA 92.101 ND RECORDS E13 - O• FAX NO (619) 696-479 'AC.S.IMXLE COV ER SHEET DATE OF TRANSMITTAL: D t73 N0 OF PAGES: .2!..., (including cover page) ATTENTION: (Name) PLAJJW J~L& (Company) 3e3-1/6I x 4471 (FAX ) (Phone ) ,Jbbtkk J LLliXZ (Name) (619) - (Phone ) SUBJECT --. --I COMMENTS: o 111 -.. ,. . XEROX TELECOPIER 7010 11-30-g3 3:31PM E19 E5 4795 - 519435984; 2 0-1993 15:34 FROM ID RECORDS RF'l 511 TI:' 94380894 P.02 L. - - ------ I 4 GRANTDEED "M MEMO" Off .. JlT1I5. 4 CLàBZ fl. FAT8Otq LRD. PABL Z. PA'ZSON, hu*b*r4 and 'if.. FOX A UX D00 0A BLIC C0Af COrPO2*t1I2A d* Mid 14 tm City of Carlsbad, CAN* 4 , I FAt.1* A3.3 of B3.oc "W" of P?LISAPU UNIT NO. 2, scco,ding to &' largo 2.803, filed in the office of the Count>' ecozder of eM,*ili Die$O CoUAt August 2, l92i; XCPTNG thsfro tks NQ thisatr1QG feet of tb* !(orth ,sat.rlj 3.00 foit thor*ot; ALSO C1Pr1N0 thi o'tSdtu orly 320 test ct isid Block MW4t 1>'thg Southwets.1>' of th 5ontwi$t37 line of said Northetterly 300 feet, atd the Southesstely po3ocg&t$Oc of M$.d 8out2ni'ssterly line. . JkiIi' Alw grsating sn qasuent an igt of we>' for ro pupoIa, t (eth*t with the ziht to p1*e s.nd eaint&iir'pole, wires, pipe l$oa$ö_-I ind4sntA3 ptafpoaea over eM acroa the $otthvester1y Q test of ...tu2.7 320 feet of the orthw.ster3. 220 feet of Block W' of .*? 3*, 2, in the City of Cer3.sbad, scoordir to 4cp thereof O. 1. filad S the office of the Count>' 1seorde' of ia1 Saa D;o 2, I , i. FLJ.PtLt.11 1 ii . f 4., $tsls it C&WUut1& *1, Cn$11 if $11 - , - • .f*,, s . .,*aw. iw.iy p1$k .:- .1 ___ Q34A 5.5 1 .• •. -. b. * pL I son&-WA- a do Li—ui- -- fl"~k -. UWWW ($) UG1I TOTAL P.02 • . . RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) 2. ) - I -'- CITY OF CARLSBAD ) ;•d It: -;:;:- 1200 Carlsbad Village Drive ) Carlsbad, California 92008 ) Space above this line for Recorder's use Parcel No. i3, 2 AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this o day of /Vcv E'i b-ee- , 19_'72 by and between GOLDEN SUN SET, T,TD - (Name of Developer) a Limited Partnership ,hereinafter referred to as "Developer" whose address is11315 Rancho Bernardo Road, #133, San Diego, CA 92127 (Street) (City, State, Zip Code) and Irene P. Duro (Name of Legal Owner) a n individual ,hereinafter referred toas (Individual, Corporation, etc.) "Owner"whose address is 475 Front Street, #514, Lahaina, Maui, HI 96761 (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. Form Approved By City Council April 22, 1986 Reso. No. 9169 1 1 . . RECITALS WHEREAS, Owner is the owner of the real property described on Exhibit "A":, attached to and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer has contracted with Owner to purchase the Property and proposes a development project as follows: a 3 unit Townhouse project on said Property, which development carries the proposed name of Sea Gables and is hereinafter referred to as "Developer"; and WHEREAS, Developer filed on the 2S day of Nove1" b-',- , 19, with the City a request for a Tentative Tract Map and a Planned Development Permit hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated July 28, 1987, on ifie 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 and Owner have asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer 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 and Form Approved By City Council April 22, 1986 Reso. No. 9169 2 . . Owner propose to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer and Owner shall pay to the City a public facilities fee in an amount not to exceed 3.5% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Tides 18, 20 or 21 of the Carlsbad Municipal Code. Developer and Owner shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 3.5% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 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 and Owner shall pay the City a public facilities fee in the sum of $1,150 for each mobile home space to be constructed pursuant to the request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20, or 21 of the Carlsbad Municipal Code. 2. The Developer and Owner may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer and Form Approved By City Council April 22, 1986 Reso. No. 9169 3 Owner 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 Devçloper 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 mariners: 7.1 If notice is given to the City by personal delivery thereof to the City or by Form Approved By City Council April 22, 1986 Reso. No. 9169 4 E r ll 0 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 apply to the respective successors and assigns of Developer, Owner and the City, and references to Developer, Owner or City herein shall be deemed to be 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. At such time as Owner ceases to have any interest in the Property, all obligations of Owner hereunder shall terminate; provided, however, that if any successor to the Owner's interest in the Property is a stranger to this agreement, such successor has first assumed the obligations of owner in writing in a form acceptable to City. 9. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. Form Approved By City Council April 22, 1986 Reso. No. 9169 5 . IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. OWNER: DEVELOPER: IRENE P. DURO (Name) (Signature) • GOLDEN SUNSErj, LTD, A CALIFORNIA LIMITED PARTNERSHIP (Name) TITLE: GENERAL PARTNER (Signature) (Name) TITLE: (Signature) ATTEST: CITY OF CARLSBAD, a municipal corporation of the State of California ALETHA L. RAUTENKBANZ, City Clerk MARTIN ORENYAK For City Manager APPROVED AS TO FORM: RONALD G. BALL Acting City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) Form Approved By City Council April 22, 1986 Reso. No. 9169 STATE OF HAWAII SS. COUNTY OF MAUI On this 20th day of November, 1992, before me personally appeared IRENE P. DURO, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed. Notaa 2r Publidj, in and for said County and State. My commission expires: lil EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1: THE NORTHWESTERLY 120.0 FEET OF THAT PORTION OF BLOCK "WI' OF PALISADES NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1803, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 25, 1924, LYING SOUTHWESTERLY OF THE SOUTHWESTERLY LINE OF THE NORTHEASTERLY 300.0 FEET OF SAID BLOCK "W". PARCEL 2: LOTS 5, 6, 7 AND 8 IN BLOCK "I" OF PALISADES, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1747, FILED IN THE OCUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 5, 1923. EXCEPTING THEREFROM SAID PARCELS 1 AND 2, THOSE PORTIONS LYING WITHIN STATE HIGHWAY 101, X1—SD-2—B, KNOWN AS CARLSBAD BOULE- VARD, AS GRANTED IN DEEDS, BOOK 288, PAGE 258 OF OFFICIAL RECORDS, RECORDED MAY 2, 1934, IN BOOK 453, PAGE 339 OF OFFICIAL RECORDS, RECORDED DECEMBER 13, 1935. Form Approved By City Council April 22, 1986 Reso. No. 9169 VA V. Orc mv NOV 2 5 1992 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'. 0 7O—' 1 2°'—°I3- 12 1 3, 16 AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this day of Alov eri b.-,-,19 7.2. by and between GOLDEN SUNSET, LTD. (Name of Developer-Owner) a Limited Partnership , hereinafter referred to as "Developer" (Corporation, Partnership, etc.) whose address is 11315 Rancho Bernardo Road, 41:133, San Diego, CA 92127 (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. WITHESSETH: 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: a twelve (12) unit Townhouse project on said Property, which development carries the proposed name of Sea Gables and Form Approved By City Council April 22, 1986 Reso. No. 9169 . . is hereinafter referred as "Development"; and WHEREAS, Developer filed on the 5 day of MOVen hi',-, 19.f, with the City a request for a Tentative Tract Map and Planned Development Permit hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on ifie 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 ifie 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 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 Reso. 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. S Form Approved By City Council April 22, 1986 Reso. No. 9169 5 IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal corporation of the State of California GOLDEN SUNSET. LTD.. (name) By: C By: TIM J. /ONNOLE MARTIN ORENYAK GENEAL PARTNER For City Manager (Title) By: STATE OF CALIFORNIA COUNTY OF } Q. _ _, before me, the undersigned, a Notary Public in and for E On______________________________ said State, personally appeared__...7_ C V E known to me to be the partners of the partnership i that executed the within instrument and acknowledged to me that such partnership executed the same. OFFICIAL NOTARY SEAL I, GREGORY CARNELL 0. WITNESS my hand ril~ Notary Public— California Cn 0 SAN DIEGO COUNTY cialse 0 My Comm. Expires DEC 02.1994 Signature v c'i_ Name (Typed or Printed) •. (This area for official notarial seal) Acting City Attorney (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached.) Form Approved By City Council April 22, 1986 Re50. No. 9169 'p . . EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1: THE NORTHWESTERLY 120.0 FEET OF THAT PORTION OF BLOCK W" OF PALISADES NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1803, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 25, 1924, LYING SOUTHWESTERLY OF THE SOUTHWESTERLY LINE OF THE NORTHEASTERLY 300.0 FEET OF SAID BLOCK NW". PARCEL 2: LOTS 5, 6, 7 AND 8 IN BLOCK '"I" OF PALISADES, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1747, FILED IN THE OCUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 5, 1923. EXCEPTING THEREFROM SAID PARCELS 1 AND 2, THOSE PORTIONS LYING WITHIN STATE HIGHWAY 101, X1-SD-2-B, KNOWN AS CARLSBAD BOULE- VARD, AS GRANTED IN DEEDS, BOOK 288, PAGE 258 OF OFFICIAL RECORDS, RECORDED MAY 2, 1934, IN BOOK 453, PAGE 339 OF OFFICIAL RECORDS, RECORDED DECEMBER 13, 1935. Form Approved By City Council April 22, 1986 Reso. No. 9169 7 Carlsbad Unified School District 801 Pine Avenue, Carlsbad, California 92008-2439 (619) 729-9291 FAX# (619) 729-9685 "All Students Can and Will Learn BOARD OF TRUSTEES November 23, 1992 City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, CA 92009-4859 Re: Connole Construction, Project - Sea Gables. 15 townhouses located on both sides of the terminus of Chinquapin Avenue at Carlsbad Boulevard. Our District has reviewed the proposed project located at the above-referenced location and has evaluated the impact of the development of the project on the facilities of the District. The Governing Board wishes to advise the City officials and residents of Carlsbad that, as residential units are added to the community, it is likely that many classes in the District will become crowded, resulting in possible impairment to the educational and transportation services offered to the students. It is also probable that the students generated from this project may not attend the closest neighborhood school due to over-crowded conditions, and, in fact, may attend school across town. However, the District is able to assure you that school physical facilities will be available concurrent with need for this development as it is presently proposed. Sincerely, JOE ANGEL President MARK D. PACKARD Vice President SHARON FAITHFUL Clerk JAMES MCCORMICK Member J. EDWARD SWITZER, JR. Member DISTRICT ADMINISTRATION THOMAS K. BRIERLEY, Ed.D. Superintendent SUSAN-HARUMI BENTLEY, E Assistant Superintendent Instructional Services JOHN H. BLAIR Assistant Superintendent Business Services GERALD C. TABMAN Assistant Superintendent Personnel Services CHERYL ERNST Director Elementary Education DEWAYNE L. FEASEL Manager Facilities/Maintenance! Operations (\IL M H. Blair Assistant Superintendent Business Services nj g iti V 2 51992 / Distinguished School Board Award 1984, United States Department of Education CITY OF CARLSBAD 1200 CARLSBALrrILLAGE DRIVE CARLSBAD, AFORNIA 92008 438-5621 REC'D FROM ! LIL ( i- DATE— ACCOUNT NO. DESCRIPTION AMOUNT CL 024 i1/25/9: 000i i. 02 - Lw Is RECEIPT NO.16998 TOTAL 5, •. a 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 wili -s-a#-t --pon_- tiiedate of the ompletion letter. Applicant Signature: Staff Signature: Date: To be stapled with receipt to application Copy for file I - CITY OF CARLSBAD REQUEST FOR REFUND Account No. 00 1-2 10-'0() - 0 0 - 7 2 I I Vendor No. Amount of Refund+ 00 Fee Paid For: TE T1T I V .E. (A, P 09 Date Fee Paid: l I / -'/ -. Fee Paid By: L- 1) E- Facts Supporting Request: 0 r iJ. U r4 E&flrTIU jar M fr f:f E Name of Applicant: 0 L i E-14 N L- I- Address: IlI ~ RARc e4-o E'SN-RIO -t4 biE-ô CA Street City State Zip Telephone Signature of Applicant:. Date ' It Dept. Justifica; 5~4pprove Rec: 0 Disapprove Date Finance Investigation: Rec: E Approve Li Disapprove Dept. Head Signature Date City Manager's Action: Li Approve LI Disapprove City Manacer Sianature Date 1 -I ** ACTIVITY FEE CALC * 12/22/92 16:09 CT Number CT920009 SEA GABLES Type: CT Applicant: DURO, IRENE P. Status: PENDING Location: Table: 92CTFEE-01 Seq: 01 Fee Description Fee/Unit Units Ext Fee Data ** Carlsbad Tract ** Enter RES # of Units or Lots > 16 3,600.00 V Enter NON-RES # of Units or Lots > Enter tUI for E.I.A. > 220.00 Y Record/Rel. Fees (# of Agreements)> 2 100.00 Postage > Postage for Appeal > > Enter "Y" for Environ. Mntr Fee Addtl CT/Rev Fees > 40000 400.00 Other > Total 4,320.00 ' CITY OF CARLSBAD 1200CALSBA LLAGE DRIVE CARLSBAD, L LlFORNIA 92008 438-5621 . I REC'D FROM_ H 0 - DATE ) /'•' T ACCOUNT NO. DESCRIPTION AMOUNT - •_•• •q-. ______ - • • ,• 0248 11125/9' _______ 0001 .01 02 - (rrJ , IIR T-7- RECEIPT NO. 16998 •:.: .......... . TOTAL • -••. I rn 0 FVIAN UTOU ENGII\JEERII\IG COIVIPAPJY PLANNING. CIVIL ENGINEERING • SURVEYING LETTER OF TRANSMITTAL TO: C ity oF DATE: /11 JOB NO: lago ATTENTION: vAJ(5 iie1fT RE: CH/' 1VT47-1/ /il,qp WE ARE SENDING ErAttached U Under separate cover via the following items: • Shop drawings 0 Prints U Plans U Samples D Specifications • Copy of letter dated 0 Change order U E.,.. COPIES DATE No. #SCRIPTI9t z /7/ 57q 10 & TEMTATIVE MAP SCA La- -3 j0-30-'7 a PEIIfr1WAg - —rir Por /I-2412.. Xeo 8VzXII Lo,o-rfD,t' MAP I 1I-4-'L EIA is -ef-qz. G RA is / /f 14v7 s- 1/ —. THESE ARE TRANSMITTED as checked below: U For approval U For checking U Resubmit copies for approval your use U Approved as submitted U Design only, not for construction U As)pquested U Approved as noted U Return corrected prints EUior review and comment U Returned for corrections Wor your action RECEIVED REMARKS NOV 2 51992 COPY TO /7 C- (<' SIGNED: If enclosures are not ag noted, kindly notify us at once. 350 WEST NINTH AVENUE • SUITE B • ESCONDIDO, CALIFORNIA 92025 • (619) 741-9921 • FAX (619) 745-7487