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HomeMy WebLinkAboutCT 97-19; Poinsettia Shores Area D; Tentative Map (CT)11/03/1937 10:53 760-931-8680 PAGE 05 CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (C Q Administrative Permit - 2nd Dwelling Unit Q Administrative Variance (2J Coastal Development Permit Q Conditional Use Permit [x] Condominium Permit 0 Environmental Impact Assessment Q General Plan Amendment O Hillside Development Permit Q Local Coastal Plan Amendment Q Master Plan Q Non-Residential Planned Development Q Planned Development Permit :HECK BOXES) (FOR DEPARTMENT USE ONLY) <T\~M^ n^-oQ, Q Planned Industrial Permit [H Planning Commission Determination (_| Precise Development Plan Q Redevelopment Permit n Site Development Plan 0 Special Use Permit Q Specific Plan Obtain from Engineering Department |TJ Tentative Tract Map r~\ Variance C~] Zone Change Q List other applications not specified (FOR DEPARTMENT USE ONLY) ^WxT 2) 3) 4) ASSESSOR PARCEL NO(S}.: PROJECT NAME: 216-510-06 PQINSETTIA SHORES AREA "D1 BRIEF DESCRIPTION OF PROJECT:28 UNIT RESIDENTIAL DEVELOPMENT 5) OWNER NAME (Print or Type) NORIKO SAIGA M$l91F P^SSSEPSlNTE DRIVE SUITE 155 LACUNA HILLS CA 92653 CITY AND STATE ZIP TELEPHONE f\ ^ (714) 598-0100 1 CERTIFY THAT/ViiH TyHE LEGALyOW^ER AND THAT ALL THE ABOVE INFOTtMATIOIi^lS " RUB AND\>CORREtT TO THE BEST OF MY SIGNATURE /) DATE 6) APPLICANT NAME (Print or Type) SAME AS OWNER MAILING ADDRESS CITY AND STATE ZIP TELEPHONE 1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE CORRECT TO THE BEST OF MY KNOWLEDGE. THE AND SIGNATURE DATE 7) BRIEF LEGAL DESCRIPTION LOT 8 OF MAP 13181 NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED. MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 16 PAGE 1 OF '2 11/03/1997 10:53 760-931-8680 8) LOCATION OF PROJECT: ^^ PAGE 06 STREET ADDRESS ON THE BETWEEN NORTH (NORTH. SOUTH. EAST,WEST) INTERSTATE 5 SIDE OF AND AVENIDA ENCINAS (NAME OF STREET) RAILROAD (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE 10) PROPOSED NUMBER OF LOTS 13) TYPE OF SUBDIVISION 1 6) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 1 9) GROSS SITE ACREAGE 22) EXISTING ZONING 4 RES. 0 4.5 PC 9 1 1 ) NUMBER OF EXISTING RESIDENTIAL UNITS 14) PROPOSED IND OFFICE/ SQUARE FOOTAGE 1 7) PROPOSED INCREASE IN ADT 2O) EXISTING GENERAL PLAN 23) PROPOSED ZONING 0 N/A 280 RM PC (NAME OF STREET) •» 12) PROPOSED NUMBER OF RESIDENTIAL UNITS 15) PROPOSED COMM SQUARE FOOTAGE 1 8) PROPOSED SEWER USAGE IN EDU 21) PROPOSED GENERAL PLAN DESIGNATION 28 N/A 28 RM 24)IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF. CITY STAFF, PLANN/fiq COMMISSIONERS, DESIGN REVIEW BOARD MEMEBERS OR CITY COUNCIL MEMBERS TO HE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE cpp FEE REQUIRED 5300 TOTAL FEE REQUIRED \ JJ [I . KbCEiVED NOV 0 5 1997 CITY OF CARLSBAD RECEIVED BY: DATE FEE PAID Form 16 NOV 0 ^ 1997 RECEIVED PAGE 2 OF 2 PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: POINSETTIA SHORES AREA D APPLICANT NAME: KAIZA POINSETTIA CORPORATION Please describe fully the proposed project by application type. 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: THE PROJECT IA A PROPOSED 28 UNIT SINGLE FAMILY DETACHED HOME DEVELOPMENT. LOCATED WITHIN THE POINSETTIA SHORES MASTER PLAN, THIS SITE HAS BEEN DESIGNATED AS PLANNING AREA D. THIS PROJECT COMPLIES WITH ALL REQUIREMENTS AND STANDARDS SET FORTH IN THE MASTER PLAN. THE 4.5 ACRE SITE HAS BEEN PREVIOUSLY GRADED UNDER THE MASS GRADING FOR THE MASTER PLAN PER C.T. 94-01. THE PROJECT PROPOSES TO CREATE 2 RESIDENTIAL LOTS, ONE PRIVATE STREET LOT AND ONE OPEN SPACE LOT. ALL 28 SINGLE FAMILY HOMES WILL BE WITHIN THE 2 RESIDENTIAL LOTS AND CREATES A CONDOMINIUM DEVELOPMENT. THE PROJECT IS CONSISTENT WITH THE DEVELOPMENT GUIDE- LINES OF THE MASTER PLAN AND TO THE "CLUSTER HOME" PROJECT OF PLANNING AREA B-l B-2. RECEIVED NOV 0 5 1997 CITY OF CARLSBAD PLANNING DEFT Project Description 10/96 Page 1 of 1 CITY OF CARLSBAD 1200 CARLSBAD .iLLAGE DRIVE CARLSBAD, CALIFORNIA 92008 434-2867 REC'D FROM ^ll$^fO^AiAff'ttt'&^ dti* f> ;-,DATE-. //,5~^? C~PKMT IT 1 CM A nr. ACCOUNT NO. Bj^MMj± DESCRIPTION fift '-)"1-/>/^X •/ * '- / ^**^^*£, H» "~x • jt&tUlt, ff&€$&M: '£ Pf"*P* Ci^rn"i' • w' QJ g>/3 t/o. RECEIPT NO 49637 NOT VALID UNLESS VALIDATED BY TOTAL © Printed on recycled paper. CASH REGISTER AMOUNT </:o^a _5^} = x 5^ — y /wo - .53^ - x a3o— • / ^ to - CERTIFICATE OF COMPLIANCE ' " •CITY OF CARLSBAD 4| Plan Check No. _____COMMUNITY DEVELOPMENT" 2075 LAS PALMAS DR., CARLSBAD, CA 92009 (619)438-1161 * 'i This form shall be used to determine the amount of school fees for a project and to verify that the project applicant has complied with the school fee requirements. No building permits for the projects shall be issued until the certification is signed by the appropriate school district and returned to the City of Carlsbad Building Department SCHOOL DISTRICT: Carlsbad Unified San Marcos Unified 801 Pine Avenue 1290 West San Marcos Blvd. Carlsbad CA 92009 (434-0661) San Marcos CA 92024 (744-4776) Encinitas Union San Dieguito Union High School 101 South Rancho Santa Fe Rd. 710 Encinitas Boulevard Encinitas CA 92024(944-4300} Encinitas CA 92024(753-6491) Project Applicant: rvV' ^A ro«K ::*=-/ Ti4- • APNr Project Address; NLsygrt-*- e&^- AJ&+UCW,- RESIDENTIAL: SQ. FT. of living area 5I^~75^L number of dwelling units SQ. FT. of covered area3^5^Q SQ. FT. of garage area COMMERqAUlNDUSTRIAl: SO. FT. AREA Prepared by / it~\ <-^4^y^g^— _ Date /O FEE CERTIFICATION (To be completed by the School District) Applicant has complied with fee requirement under Government Code 53080 Project is subject to an existing fee agreement Project is exempt from Government Code 53080 ''•••"•* Final Map approval and construction started before September 1, 1986. (other school fees paid) Other _. Residential Fee Levied: $ based on sq. ft @ Comm/lndust Fee Levied: $ based on sq. ft. © School District Official . Title Date RECEIVED NOV 0 5 1997 CITY OF CARLSBAD PLANNING DEPT CONSULTA/NTS TRANSMITTAL LETTER TO: City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 ATTN: Eric Munoz DATE: 11/04/97 JOB NO.: 92-1016 PROJECT: Poinsettia Shores Area D RE: Tentative Map Submittal T.M.: DWG: TRANSMITTED VIA HAND PHONE NO. 760-438-1161 FAX NO. 760-438-0894 Enclosed, please find the following: 1 original Land Use Review application 10 copies of Tentative Map 10 copies Landscape Plans 10 copies Building Elevations and Floor Plans 1 copy Location Map 1 original E.I.A. 1 original P.F.F. Agreement 1 copy P.F.F. Agreement 1 original Disclosure Statement 3 copies Title Report 1 copy School district form 1 copy Noise Study 2 copies Soils Report 1 copy Hydrology Report 1 set of Photographs 1 Color Board 1 original signed "Notice of Time Limits" 1 copy Project Description Application review fee R^uS: 'SoulTy^u have any questions or comments, please do not hesitate to call me. Thank you _*—•~*k By: Tim Carroll Project Manager cc: Jonathan Weldy, Watt Homes Noriko Saiga, Kaiza Poinsettia 7220 Avenida Enemas Suite 204 Carlsbad, California 92009 760-931-7700 Fax: 760-931-8680 Civil Engineering Planning Processing Surveying IN CFD - SAME City of Carlsbad Planning Department PUBLIC FACILITIES FEE REQUIREMENTS City Council Policy No. 17 requires that all developers requesting a discretionary action for a project pay a Public Facilities Fee. The fee is computed by the Building Department and paid at the time the Building Permit is obtained. In the case of a condominium conversion, the fee is calculated on the building valuation at the time the fee is paid and the fee must be paid prior to obtaining a Final Map on the project. In addition to the above, a completed, signed, and notarized agreement to pay the Public facilities Fee must be submitted with any application for a discretionary action. Applications for the construction of any building by a nonprofit corporation exclusively for religious, education, hospital or charitable purposes are excluded from the payment of this fee and completion of this Agreement. Also excluded are applications for the construction of any building by the City of Carlsbad, the United States or any department or agency thereof or by the State of California or any department, agency or political subdivision thereof. This agreement form should be completed by the Applicant and submitted as follows: 1. Select the appropriate form for either (a) the Developer and Owner are the same party, or (b) the Developer and Owner are different. 2. Fill in the date the agreement is completed; the name and address of the Developer, and Owner, if appropriate, and state if each is an individual, partnership, corporation, etc. 3. Fill in the type of project proposed to be constructed such as, a 12-unit condominium or 30,000 square foot shopping center, etc., and the proposed name (if any). 4. Fill in the date the request will be (or was) submitted and the type of request such as, a tentative map, condominium permit, or rezoning, etc. 5. Type a short legal description of the property on the last sheet (Exhibit "A"). Legal must be an original. No reproduced copies will be accepted. 6. Sign the form in the presence of a Notary and have the Notary attach an Acknowledgement of Execution to the form. a. Include the title of the person signing the form (General Partner, Vice-President, etc.). If the agreement is signed by a corporate officer, the Corporate Seal must be stamped by the signature. b. Be sure the Notary form is the correct type. The "ALL-PURPOSE ACKNOWLEDGEMENT" is the only acceptable form. (See attached). Form 17A Rev. 01-11-96 2O75 Las Palmas Drive • Carlsbad, California 92OO9-1576 • (61P) 43R-1 161 7. Use the attached form as an original. A reproduced copy will not be accepted. Submit the original of the agreement and one (1) copy. 8. A current copy of the preliminary Title Report must accompany each application. The preliminary Title Report must have been issued within the last six (6) months. 9. Attach a check, payable to "City of Carlsbad". See current fee schedule for amount. Form 17A Rev. 01-11-96 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 Space above thisline for Recorder's use Parcel No. c?|£-57<9- O AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE FOR INSIDE THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1 THIS AGREEMENT is entered into this day of t3,g/f 19_ by and between (name of developer-owner) KAIZA POINSETTIA CORPORATION a (corporation, partnership, etc.) CALIFORNIA CORPORATION . hereinafter referred to as "Developer" whose address is (street, city, state, zip code) 23172 PLAZA POINTS DR., SUITE 155 LACUNA HILLS, CA. 92653 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, 92008-1989. WITNESSETH: WHEREAS, Developer is the owner of the real property described on Exhibit "A", attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and Form Approved By City Council July 2, 1991 Resolution No. 91-194/KJH Form 17A Per Jane Mobaldi, Rev 01/11/96 WHEREAS, Developer proposed a development project as follows: 28 SINGLE FAMILY DETACHED HOMES . on said Property, which development carries the proposed name of AREA D OF THE POINSETTIA SHORES MASTER PLAN and is hereafter referred to as "Development"; and WHEREAS, Developer filed on the 5th day of November , 19 97, with the City a request for TENTATIVE MAP, CONDOMINIUM PERMIT AND COASTAL 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 2, 1991, on file with the City Clerk and incorporated by this reference, and that the City's public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore, Developer proposes to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: Form Approved By City Council July 2, 1991 2 Form 17A Resolution No. 91 -194/KJH Per Jane Mobaldi, Rev 01 /11 /96 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 1.82% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 1.82% 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 for use" as used in this agreement, except in reference to mobilehome 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 or occupancy for which the development is intended. Developer shall pay the City a public facilities fee in the sum of $598 for each mobilehome 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. Form Approved By City Council July 2, 1991 3 Form 17A Resolution No. 91 -194/KJH Per Jane Mobaldi, Rev. 01 /11 /96 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development herein described. 6. All obligations hereunder shall terminate in the event the Request made by Developer is 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 of 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 for 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 many have been designated, postage prepaid and certified. 8. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assigns of Developer and City, and references to Developer or City herein Form Approved By City Council July 2, 1991 4 Form 17A Resolution No. 91-194/KJH Per Jane Mobaldi, Rev. 01/11/96 shall be deemed to be a 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 to Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. 9. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. Form Approved By City Council July 2, 1991 5 Form 17 A Resolution No. 91-194/KJH Per Jane Mobaldi, Rev. 01/11/96 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 (Name of Developer)' \ . MARTIN ORENYAK, for City Manager By:..^^/> •^/ Y^y^ e- • (signature) •' / ATTEST: (print name) N-J ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: (title) —'—^ u~! RONALD R. BALL, City Attorney By: By: (signature) Deputy City Attorney (print name) (title) (Notarial acknowledgment of execution of DEVELOPER and OWNER must be attached). (President or vice president AND secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation) Form Approved By City Council July 2, 1991 6 Form 17A Resolution No. 91 -194/KJH Per Jane Mobaldi, Rev. 01 /11 /96 EXHIBIT "A" LEGAL DESCRIPTION LOT 8 OF CARLSBAD TRACT 94-01, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 13181, FILED IN THE OFFICE OF THE COUNTY RECORDER JANUARY 26, 1995 OF OFFICIAL RECORDS. Form Approved By City Council July 2, 1991 Resolution No. 91 -194/KJH Form 17A Per Jane Mobaldi, Rev. 01/11/96 STATE OF CALIFORNIA COUNTY On before me, Notary Public, personally [ ] personally known to me - orp3\proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)^si2aFe subscribed to the within instrument and acknowledged to me that he^^they executed the same in hi£7her$heir authorized capacity(ies), and that by his^^r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. of Notary) COMM. #1086353 n NOTARY PUBLIC-CALIFORNIA -I ORANGE COUNTY U My Comm. Expires Feb. 2, 20001*j »j« mj>ji<j« .^j. j^j-^j^^ J Form Approved By City Council July 2, 1991 Resolution No. 91-194/KJH Form 17A Per Jane Mobaldi, Rev. 01/11/96