HomeMy WebLinkAboutCUP 154B; Vehicles Unlimited; Conditional Use Permit (CUP)LAM) USE REv[Ew APPLICATION FOR PAGE 1 OF 2
2) LOCATION OF PROJECT: ON THE South
i j APPUCAT~ONS APPUED FOR: (CHECK BOXES)
SIDE OF Camino Vida mble
(FOR DEPT
USE ONLY)
c] Gend Plan Amendment
(7 Local Coastal Plan Amendment
0 Site Development Plan
c] Master Plan
(7 SpeclficPlan
0 Precise Development Plan
0 Tentative Tract Map
(7 Planned Development Permit
0 Non-Residential Planned Development
Condominium Permit omental Impact Assessment
0. Special Use Permit
(7 Redevelopment Permit
Tentative Parcel Map
0 Administrative Variance
1-1 0 Planned Indusmal Permit - 0 List any other applications not specificed
Unit No. 1 Map 854 Recorded 12-31-74 I
4) ASSESSOR PARCEL NO(S). 213-050-13
5) LOCAL FACIL1?IEs
MANAGEMENT ZONE
mi61 UOSI”G GENERAL PLAN ITl7l PROPOSED GENERAL PIAN I-] DESIGNATION DESIGNATION
8) EXISnNG ZONING 1-1 9) PROPOSED ZONING (2
El 13) ’IYPE OF SUBDMSION
(RESIDENTIAL COMMERCIAL INDUSIRIAL)
12) PROPOSED NUMBER
OF LOTS 11) PROPOSED NUMBER OF RESIDENTIAL UNITS
14) NUMBER OF EXISlNG RESDE”, UNITS 1-1
16) PROPOSED COMMERCLU
SQUARE FOOTAGE 15) PROPOSED INDUSIRIU OFFK&4QUARE FOOTAGE
9411615 P.02 - - TO JUL-26-1333 08:32 FROP1 -SfW DIEGO RERL ESTQTE
s dq 14 I, CI ND T r'Jo.9dl1615 JU. 'p53 16:37 N0.010 P.03 *.
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008
434-2867
REC'D FROM DATE
ACCOUNT NO. I DESCRIPTION I AMOUNT
RECEIPT NO. 5 3.7 5
@ ~intcd on ncyc~a~ paper.
NOT VALID UNLESS VALIDATED BY
CASH REGISTER TOTAL I
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 appl processing period wi 11
Applicant Signature:
Staff Signature: A
e completion letter.
w- /
Date: //// 7 /’ 9-7 . To be stapled with receipt to application . Copy for file
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APPLICANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP WERESTS ON ALL APwcATK))38 WHICH WILL REQUIRE DlSCRmONARV ACTION ON ME PART OF THE Ccry COUNClL OR ANY APPOINTED BOARD, COMMISSK)FI OR COMMITEE.
(Please Print)
I. Amlicant
List the names and addresses of all persons having a financial interest in the application.
Varley Enterprises 3095 W- Vista WaV. SI-@ '#PI9
Alutra Enterprises Same as above
Vehicles Unlimited Asset Recovery 2105 Camino Vida Roble, Ste A
a. Vista. CA 92083
Carlsbad. CA 92009
2. Owner
List the names and addresses of all persons having any ownership interest in the property involved. .. acific R~ll
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.
(1) Arthur J. Varley (1) Ula M. Varley
(J) Arthur J. Varley, Jr.
4. If any person identifled 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 nongrofit organization or as trustee or beneficiary of
the trust
FRM0001 12/91
2075 Las Palmas Drive - Carlsbad, California 92009-1 576 (61 9) 438-1 161 @
JUL-26-139.3 98: 32 FRDI'I WN DIEGO RERL ESTQTE
SiJUTHLQND Tf Id. 941 1615 To I 9411615 P.03 .JriI .S3 16:37 No .01Q P.02
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PROJECT DESCRl PTION/EXPLANATION
PROJEm NAME: Parking
Varley Enterprises APPLICANT NAME:
Please describe fully the proposed project. Include any details necessary to adequately
explain the scope acz/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 San Marcos Border Patrol Station has used Mr. Crozier, almost exclusively, for the past five years. His towing E
service provides Bprder Patrol with a quick response f
time to help in their area of responsibility, which includes all of the North County cities, including Carlsbad.
The business was moved to Carlsbad in order to be strategically located, nearer to the center of the Border Patrol area. We also provide the retrofitting of
the service vehicles, as well the towing of the service vehicles.
Mr. Crozier has provided a valuable service, towing approximately 200 vehicles a month for the U.S. Border Patrol.
Rw. 4/91 ProjDosc.frm
, California State of California
Countyof San Dieqo
- On March 16, 1994 beforeme, Pamela J. SimPson
personally appeared Arthur J. Varley, Jr.
personalty known to me (or proved to me on the basis of satisfactory evidence) to be the
personCftwhose name(+s/mubscribed to the within instrument and acknowledged to me
that helshaUhey-executed the same in his/ReF#metrauthorized capacity(ieef;.and that by
his/WhtiFsignature(@-on the instrument the pe ch
the personCs)acted, executed the instrument.
WITNESS my official hand and seal.
Signature (Seal) THIS AREA FOR OFFICIAL NOTARY SEAL
(print name)
-
I. -
latory) , -
(title end organization of signatory)
CALIFORNIA ALL=PURPOSE ACKNOWLEDGMENT No 5193
On 2-10-9q before me, DATE
personally appeared fi
NAME(S) OF StGNER(S)
@personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person& whose namepf is/@
subscribed to the within instrument and ac-
knowledged to me thatMsheltbefexecuted
the same in p7her/ped' authorized
capacitp, and that byJ+&her/pdr
signature on the instrument the person
or the ntity upon behalf of which the
personpzfackd, executed the instrument.
fly
WITNESS my hand and official seal.
- OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove
invaluable to persons relying on the document.
INDIVIDUAL
0 CORPORATE OFFICER(S)
TtTLE(S) 0 PARTNER@) 0 LIMITED 0 GENERAL 0 ATTORNEY-IN-FACT
TRUSTEE(S)
0 OTHER:
a GUARDIANICONSERVATOR
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTtTY(IES)
THIS CERTIFICATE MUST BE AlTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form.
TITLE OR TYPE OF DOCUME
NUMBER OF PAGES
SIGNER(S) OTHER T
01992 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave., P.O. Box 7184 Canoga Park, CA 91309-711
PROJECT INFORMATION
x
VICINITY MAP
rJl-
r e
,,ecorded at request of an
when recorded mail to:
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STEPHENS, JONES, LA FEVER & SMITH
800 IVilshire Boulevard
Los Anyeles, California 90017
DECLARATION OF COVENANTS AND RXSTRICTIONS
PJHEREAS, CC&F Palomar Properties, Inc., a California
corporation, (“cc&F“) is tile owner of all that cer-Lain real
property located in the City of Carlsbad, County of San
Diego, State of California, more particularly described in Exhibit “All, attached hereto and incorporated herein by refereilce thereto (the “Property”) ; and
WHEREAS, it is the desire and intention of CC&F to de-
velop all of the Property as an industrial center; and
i‘ ’ WIIERXAS, it is the desire and intention of CC&P pose upon the Property mutually beneficial. restrictions
a general plan of improvement for Ehe beiieEit of all of
Property, the improvements thereon and the future owncrs
to irn-
under
said
thereof.
NOW, TIIERTJE’ORE, CC&P hereby declares that the Property
is field and shall, 13e held, conveyed, hypothccatcd, encurnhcrcd,
following limitations, rcstrictions and covenants, all of which
are declared and agreed to be in furtherance of a plan for the subdj.visj.on, improve~~ent and sale of the Property and all of
which arc cst.al~l-ishec1 and agreed upon for the purpose of enhanc-
ing and perfecting the value, desirability and attractiveness of
the Property and every part thereof. All of the limitations, covenants and restrictions shall run with the Property and shall
be binding on all. parties having or acquiring any right, title or interest in the Property made subject hereto or any part thereof, and shall inure to the benefit of and bind each owner thereof and
their respective successors in interest, and are imposed upon said Property, and each and every portion thereof as a servitude in favor
of said Property and each a.nd every portion thereof as the domi-
nant tenement, or tenements, all as follows, to wit:
J.~iic~~rl, rpi>i-e/l , t:spfi., ~cpi1iicG -‘I 2::G i]3,7ro\7c:(jI zi:!;-j cc I: ks .Lh:
A. DEFZNITIONS. .
1. “Approving Agent“ shall mean, in the following order
. .c of precedence:
(a) CC&F, so long as it owns any interest in the Property; or. thereaf tcr
(b) Any corporation, association or trust controlled
by CCFtf.? or v~itli which CC&F has been merged or consolidated or by which CC&F has been zcquirecl,
all as certified of record by CC&F (lieninafter
called CCtF’s Successor) so long as it owns any
~ .- -.-..I. . .-
interest in the Property and provided it has
been granted of record by CC&F the excl.usive
right to approve plans and grant variances as
hereinafter set forth; or thereafter
(c) Any association (whe thcr or not incorporated)
organized by a majority of the owners of re-
cord of the Property or parts thereof for the
purpose, among others, of ap2roving plans and
granting variaiices as 1iereina.f ter provided in which merrbership is availabl-e to all such own- ers without charge, provided CCm ox CC:&F's
Successor has granted to it of record the ex-
clusive right to approve plans 2nd grant vari-
ances as hereinafter set forth which CCGtF agrees will be done by it or CCs,F's Successor bcfore
CC&F or CC&F's Successor ceases to own any in-
terest in the Property if vrittcn request there- for is received prior to that time.
2. "Site" shall man am area 02 land in the sa~i;e ov~ners11ip either shown as one lot on a recorded plan 027, if not so shown, describe6 as the Site for one or more build-
ings by the owner in a ~:ccorded i11struii1eiitr whether or
not in either case acquire6 i1.t one tiryie or previously so sh.own as rmre than one lot, or shc!vn or de:;cribc:d for the purpose of lease but not of conveyance as more
than one lot. If an easerent or easements over any
portion or portions of a Site established by recorded
plan or ,recorded instruincnt -?-hen exist or exists or
is or are reserved by CC&F POI- any p1~r~)o.c~ ~Jl.Ir7.I-C:nc.~,r~l-,
thc area of such portion or portions shall be inciuded in comyutincj the area of that Site. If subsequent to
.the establishment of a Site by r-ccorded plaii or ire- corcled instrument, any portion 01 porhions thercof are for railroad, street, highway, utility 02: pulj1.j-c
purpose taken by right of ei.ninent c?omainr or deed in
lieu thereof, or dedicated or conveykd pursuant to rcscrvation by CCcF, the area of such portion or por-
tions shall continue to be included thereafter in
computing the area olr' that Site.
3. "Declara-Lion" shall. mean this Declaration OC Covenants and Restrictions, as it my froa time to time be amended
or su.pplenented.
4. "Restrictions I' shall mean the covenants condltioiis and
restrictions set forth in the Declaration.
5. "The City" shall mean the City of Carlsbad, County of
Sail Diego, State oLr Czlifornia. c
13. P?ESTRECTIOI'JS . -
1.. No building shall be constructed upon any Site:
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(b) With less than the mininium sideyards' rcquired
by law, but even if permitted by law, with
sideyards which have an aggregate total of
. less than twenty-five (25) feet. his resixic- Lion is ii-itended to perini k the ii~i~~irnui-it sideyards required by law but no less tlian ail aggregate of
twenty-five (25) feet when both sideyards are
added together;
(c) With exterior walls constructed other tlmn of
tilt-up concrete, masonry, or equal material. ; and the construction of mz.";al prefabricatcd 01: butler-type huildings shall be prohibited; and
(d) With a roof having a difference in elevation of more khan "iwo (2) Zeet unless ap2roveci in the manner hereinafter provided.
2. There shall be xaintaincd on each Site only buildings, paved wall~s, paved parkiiig lots I paved drivc~ay~, lawn
and landscaping natural c~rowkli in ui~tiis-L-url~ed areas I
the construction and/or installation of wlii.c;l-l shal.1. be
subject to the c7pp):ovcll of the Approving Zigcl,lt i.ls
accordance with the provisions OC this Dechsation;
provided, however, that 2.t lezst .t1170--third~ (2/3) of
'die surczce of the required. set-back area from streets
shall be maintained in lawas or othcr laidscaping , and provided further that: n.a'iur2.1- growth may remain on those poztioiis of the Site side and xear yard .areas which have not been disturbed by the const~:uction of imp]-ovc-
nients on the Site.
.. 3. There shall be mintained on each Site faci1.it:i.e~ for loading and unloading suEficient to serve the business
coirduc.ted thereoil without usi:q ad jacciit street therefor.
4. Adequate off-street parking shall be provid.ed to aecorn- n-iodate all parking needs for cmgloyec I visitor and com-
pany vehicles on the Site. The intent of this provi-
sion is to eliminate the need for aiiy on--str~c:~ park--
ing.
street pavement and a prope1:ty iiiie or closer than .ten
(10) feet to a street propr'iy line. 190 use shall he
made of any Site which will attract parking in excess of the parking spaces then available tliercon. Plot less than two percent (2%) of the parking area of aiiy Site
sh~ll contain landscaped islands.
Parking shall not be pernit-ked bet wee:^ public
5. Each site shall b.s used only for :nanufacturiilg, pro-
. .*
1 result iii ~hc
and services reasonably rcquircd for the convenience
_.._,._.____._ . - _. .__" . . , . .- . .. - .-.- -..-. .
of occupants within, the Property siich as restaurants, drug stores, barber and beauty shops shoe repair
shops, cleaners, post offices, ha id^^ and au-toixobile
service stations; and no such. retail uses shall be
undertaken unless ~nd uiitil the simc shall lzavc been
approved in the manner Iicrcinaf ke:r provided,
6. The exterior of all structures and al.1 ‘i‘u~al.l‘is, drive-
waysr lawns and landscaping 011 each Site shzll be main-
tained in good order, repair and cond.ition; and all
exterior painted surfaces shall he maintaiiic:il in first-
class condition and shall be repainted at least once in every four (4) years.
7.
part of the neighboring property or public streets at
an elevation no greater tk11 the elcvzkion of the base
of the items being vicwed. ~11 roof-mouii ked mecliaiiic~:3.
equipment ukility installstions , duc t r~orlc , radar equip-
ment, radio or televisioii aiitenxa or any otiier deviccs which project vertically nore than 1-1/2 fc~t ~JOV~ the roof or iroof parapet sha-11 be scresned 1337 a solid visual
barrier which is detciled coiisis LenL with the building.
8. , No buildings or structures shall he crecte6, or cxterioy
structural alteratioi1s or adcil-kicjns made 01-1 ariy Si te except -pursuant to plans 2nd specificatiolis api?rovcd iii
tile manner herein3fter provided as to 1audscap:~ng and
architec.t\iral conformity to cn industrial ceiitcc. The requirement of approval set forth in ’ihis para.graph is
in addition to, and not in substitution for any and all other restrictions herein contained.
No exterior signs of any type which i10i:i-ilally would be
visible froin the neighboring properties? or public
streets shall be placed or mnin.taiiied. oil any Site or
building unless the. same shall have been Cj-rs t approved
in writing by the kpproviiig Agent a Sai.d approval slial-1
not be unreasonably witlihelci 2rovidcd that plai1s for . the. proposed sign or signs and the locatioii of the
same oil the. Site ox building are su!mitted to the
Approving Agent and provlGeci. t3iz.t the d.esi.gn, typ and.
location’ coiiforn to any SiGi1 skandarc’is as ALY be then generally establjs!ied by t!ie 7ipprov.ii-q Agent and in
effect with respect to tlie Pxoperty.
10. Street lighting standarbs constructed on ariy Site shall ’ . . .L
con f o r m w i th a 1 1 a I? p 1 i c a !2 1 e 53 vc n r!i c ii -k a 1 r c: qu i r c me 11 t s and shall he installed within the appropriak.e distances
relating to driveways and/or curb cuts on sv.ch Sites.
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I
Restrictions and to waive or vary the l?estricJcioiis in particular respec t.5 whenever in its opini.on sucli waiver
or variance wiZ1 not be de.kimcntal to the inten-k and purpose oZ this Declaration.
After there ceases to be an ~pprovriizg piit it the owners of record of the land in the Property abiitting ~pon
each Site shall have the exclusive right to grant ap-
provals required by the RestrlctiOiIs and the otrners
of record of two-thirds (2/3) in area of land in the Property within five hundred (500) feet of each
Site (said area to bc defined by a line parallel to
the boundaries of each Site and located five hunclred
(500) feet therefrom) shall have the excluzivc riqht to waive or vary the Kcstrictions in parkicul.ar re-
spects whenever in their opinion such waivci:. or vari-
ance will not be Getriizental to tlie intent 2nd purpose of this Declaration.
2.
3. Any person having an interest in any Site may rely upon any iiistrciiileiit of record signed by thi. P,pprovi.ng
upon any ins truimrit of record signcdi by the A]?p:coving Agent or after there ceases to be an Appi:oving Ayei-it
by the appropriate owncxs reCermd to above purporting
to grant ari approval or to waive or vary the Restric-
tions in particular respects.
4. Any construction, othex ’dian exterior signs, drLveways,
parking areas , grading, landscapiilg I fences c?nd screens ,
con~pl.e’ied for rmre than threc (3) rr,ont.lis slia.l.7_ be decmed
a suit for enZorcerncnt has been coixneiiced and ilokice
responsible except for violstions OCCUI:L”~.I~~~ wIii1c owner.
. approved, unl.css priox ko the expirzk.ion of such period
. thereof duly recorded. No 0\\7ner of any Site shall- be
5 . Notwithstanding any-thirig to the coli-Lrary coiitxiiized in
this Paragraph C, no waiver or varianco of thc Restr-ic- tioris shall he effective i\~i.tliouL the prior written con-
SeiIC of The City.
D . ENFORCENEb?T.
1. All of the provisions herein contained shall run with
the land and shall be enforceable at law and in equity.
2. So long as there is &n Appi-oVii1cj Agent it sha2.l lmve
the exclusive right to enzol-ce the provisioiis hereof , without lichility for failure so to 619, exce)?Z that
The City and/or each oxner 05 record 02 land .’~n die
Property shall have the right to enforce thc provi-
ing Agent shall fail so to La withi-n thirty (30) days arter written request Zrom cmy such owncr or The City.
.a sioiis hereof theil applicable .to any SiLe if ’die A~~~XOV-
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4. (a) In addition to the righ.t to proceed i.n cqui-by for
the criforceinent of the Restrictions , in the event t.hat the Restrictions arc violate6 or breached,
tlic Approving Agent may, vritliou-t ~ia~>ilri.~ for failure so to do, enter upon the Site of said violation or breach and take whatever ac-Lion it may deem necessary to abn-ke and remove ii011con- forming uscs or to othcmise c.Ef cct compliance with
the Restrictions, at die expense oi”: the owner of said Site, provided that thc Approving Agent sl.iall
have given to the owricr oC saicl Site at least sixty
(GO) ciays‘ written notice of its intention to do
so and said owner of said Site shall h2vc failed
to correct said violation or breach; aiicl in such
case said owner of said Site shall be i:esponsiblc
to reiinhrsc the Approving Agent forthwith upon
demand for all costs zi1-16 expenses iiicurrcd in c o nne c ti o n the r ew i ’ih ( ” lu’o r. corr,p 1 i an c e E x pe n s e s ‘I ) in accordance with the provisions of subparagraph
D. 4 . (b) hereinbelow.
J
(b) In order to provide for the irnpJ.omeii.’ir~’iioii of the
provisions of subparagraph D. 4. (a) above, each
owner of any Site within the Property by acceptance of a deed or other conveyance therefor, wliether or
not it shall be so expressed in any such deed ox
other coiiveyaice, is and shall be clce~ned to covenant and agree to psy to the A:>;?i-oving Agent an assess- ment for any Noncorrplimce Uxpciises iiicurrecl by the
Approving Agent in coni-isction with such owner ’ s
Site.
(1) The Approving Agent shall inaintain accurate
books and records ref iecting any Noncoin~?liancc Expenses, and shall. provide each owner 03 ail
affected Site a statcmeii’i with respect t:iercto.
Each af fec’ied ownc:c shall. pzy any Noi.icol.l!plj.aiicc
Expcnscs appliczblc to suc!i 0VJiIc:r ’ s Site within 10 days following thc receipt oE such s’iatmnent.
If: such stateinent is deposited in the United
States nail in the State of California, duly certified or .registered with pos %age prepaid and
‘addressed to the oviier affected thereby at his
Site, tlie saiae sliall be deexed received by such
Owner 72 hours after such deposit.
(2) Any Noncompliance Expenses assessments, together
with such interest thereon aixl costs of collection
thereof as provided hereinbelow, shall be a chercje
on the laiid and shsll he a continuing lien upon
the Site against which such assessments are made.
The lien shall beconc effective upon recordation
of a notice of claim of lien as provi.ded herein.
This asscssinent, together with such interest and costs, shall also bc the pcrsoiiai ohliga-tion of
the person or entity who is the owner of such Site at the tine whnri tlic asseszmeiit:, or any portion
thercof, fcll due and. shall. bind his heirs,
devisees, ~>~~Soi~al rcprcseahtivcs, successors
and assi5jns. HW~VST , the p~rsor~al obligation
shall not pass to his succe?csors in tl’de unless
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expressly assumed by them. No owner rruy waive or otherwise escape personal' liahiliky for the assessnent provided herein by nonuse or abandon-
ment of hi5 Site.
If any Noncompliance Expenses assessinellt or any portion thereof is not paid withiii 10 days after the due date it shall. bear interest from the date of delinquency at the then legal rate, and, in
addition to a11 othex legal and equitab3.c rights or remedies, the Appzoving Agent may, at its
option, bring an action at law acjainst the owner
. who is personally obligated to pay the same, or, upon conpliance with the notice provisions set forth hereinbelow, to foreclose the lien against
the Site, 2:nG there siinll be added to the ai'aoun'i
oC such assessnient or any portion thercoC, the .' ,:
inter-est tkreon, all costs and e:rpenses ,' -ill- ... cluding reasonable attorney ' s fees , incurred by
the P.pproving Agent in collecting the clelincjuent
assessment. In lieu of judicially foreclos- ..
ing the lien, the PL2pxoving Agent, at its option, nay foreclose such lien by proceeding
under a poti7er of sale as provillcci hereinbelow,
such a power of sale being given to the Approv- ing Agent as to eech aiid every Site for the.
I,, purgose of collecting asscoslnen.1:s. Each owlier
vests in the I?pproving Agent, its succcssors or assigns, the right and power to bring all actions of law or lien foreclosure against such owner or
queiit assessments.
(.3)
' other owners for parposes 04 collecting deljn-
(4) No action shall be brought to foreclose tlie lien, or to proceed under the power of sale,
less than thirty (30) days after the Zate that
a notice of claini of lien, executed by the Approving Agent, is recorded with the Sari Diego Counky Recorder, said notice staling
the amount claimed (which may include interest and cost of collection, including reasonable
attorney's fees) , a good an2 sufficient lcgal
description of the Site being assessed, the name of the record owner or reputed owner
thereof, and the name and add.1-css of the
Approving Agent as ciaimaiit. A copy of said
notice of claim shall. be deposited in the
United States mil, certified or registered,
'and postage prepaid, to the owner of the Site.
(51 Any such sale provided for above shall be con-
ducted iri accordance with Sections 2924 , 2924 (h) , and 2324(c) of the Civil Co2.e of the State of California, applicable to the exercise of
powers of sale j.11 mortgages and deeds of trust,
or in any o"lher mai-iiler per:;niti;ccl or provided
by law. 'i'hc Ap2rovi;;g Acjei-ik sl-~all have tlic
power to bid oil the Site at the forcclosur2
sale, and to acquire and hold, rrortgage and
convey the same.
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(6) Upon the timely curing of aiiy default 'for which a notice of clairir of lien was recorded by the
Approving Agent, the Approving Agent is hereby authorized .to file or record, as the case inay
be, an appropriate release. of such notice, upon
payment by the 6eCaEltillG owiicr of a fee to be
determined by the Approving Agent, J~ut no'i to exceed Twenty-Five llollars ($25 .OO) , to cover
yr' the costs of preparing and filing or i:ecordincj
such release together with the payinent of such other costs, interest or fees as shall have
been incurred.
(7) The assessment lien and the rights to fore- closure and sale thereunder shall be in addi-
tion to and not in substitution for- a11 other rights and renedies which the Approving Agent
and its succcsso~s and assiqns may have here-
under and by law.
(8) The lien of the Nonconpliance Expenses assess- .' ments provided for herein shall be subordiIza.te to the lien 05 any deed of trust OL' rnortqage now or hereafter placed upoil any of the Sites wit1ij-n the Property s~ils ject to sucl: assessments; ;
provided, however, that such subordinatj.on shall
apply only to the assessments whicli have become due and payable prior to a sale or -ixansE'er of
such Site pursuant to a decree of fozc:closure,
. , or Gny other proceeding in lieu of forc>c.losure.
' SuGh sr73.e or txansfer shall Rot relie~~7c such Site froin liability for any assessments thcre- after bccomiiig due, nor from the lien of any
such subsequent assess~nent ,
'
(c) The Approving Agent shall have the right. to prose- cute a proceeding at law or in equity zcJfiinxt any person or persons who have violated or are a%tcmpt-
ing to violcte aiiy of the Restrictions, to en-join or prevent them froin doing so, to cause said vio- lation to be remedied and/or to recover damages
for said viola' Lion. '
(d) The result of every action 01: onission whereby the
Restrictions are violated in whole or in par-t is
hereby declared to be and to constitute a nuisance,
and every reitiieily allovred by law or equity in nuis- ance shall -be. available to the Approving Agent.
(e) In legal or equitable 3roceediiiqs to en2orcc or
to restrain a violatiori 05 the Restrictions or any provisions hereof, the losing party or parties
shall pay the attorneys ' fees of the prcvailiiig
party or parties in such amount as may he fixed by the court in such procezdings.
(f) All renedies provided herein 03: at law or in equity shall be cunuiative and no'i exclusive.
(9) Failure. by the Approving Agent to enforce the Re- strictions or any provision herein contained shall
in no event be deemed a waiver of the right to do
so thereacter.
4 '
. ._-_. . . . .- .
t- c
(11) Wie Restrickions are enforceable to thc extent
not prohibl ked by applicable statute ordinance ,
regul-ation or other law. Invalidation of any one of the Restrictions or any provision herein con- tained by juZgment or Court order shali not
a€fcci; any other Kcstriction or other provisions,
each of which shall remain in full force and effect.
5. Tlia Rcstrictious shall continue to remain in full force
and effect at all times with respect to all the Prop-
erty and each part thereof, now and liereafter made sub-
ject thereto (subject, however to the right to amend
and repeal as yxovided for herein) for a tern of thirty
(30) years from the date this Declaration is recorded. Hovevcr, unless within one (1) year prior to .ii\e expi-
ration of said thirty (30) year term there shall be
recorded an iiistrument conforixing to the provisions of
paragraph 6 hereinbelow directing the t~r~i~ii~a'criol~ of
the Res-Lrictions, the Kestrlc'ilons as in ef2cc.L im-
mediately prior to the expiration date of said thirty
(30) year term shall be continued ,automatically with- out any further notice for an additional perj.0~7 of
five (5) years and thcreaftcx for succcssivc tcrms of five (5) years unless within one (I) year prior
to the expiration of a;iy such five (5) year period
the Restrictions are terninated as set forth below
in paragraph 6.
6. This Decleration, the Restrictions or any provision
contained herein may be terinifiated I extended, modi- fied. ui' 'amended as to the wholc Property 01: ~i~1.y POI-- tion thereof with the written consent of the owners
of seventy-five percent (75%) of the Property based
011 the i~uinber of square fee-t of the Property owned
as conipared to the total numlicr of syuare feet. of
the Property sub3ect to t!ie Restrictions, wi.th each
owner receiving one vote for each squ-are foot of
Pxoperty owned; provided, however, that so long as
the Approving Apnt owns at least twenty--Iive percent (25%) of the Property sAjec'c to the Restrictions or for a period of fifteen (15) years from the effective date hereof, whichever period is lorilger, no such ter-
mination, extensj.on , mclification or amendment shall.
be effective without the writteii consent of the Ap--
pxoving Agent thereto; provided, however, that no such
, termination, exterxlon, rtDc?ificatj.on or amei-idiucnt shall
be effective without the written consent of The City
thereto. No such termination, extension, n-od.ifi.cation or amendment shall be effective until a pro:jer instru-
ment in writing has been executed aiid acknowledged and
recorded in the County oC San Dieyo.
.L
EXECUTED this day of , 1973.
ccm PALOXGIR PROPERTIES I mc. THE CITY OF CARLSBAD
Its Its
-3-
.- . -. .- . . . . .-
+&jlJ3';&3@G BEN 1 F I T LFltJD T I TLE
Property Profile -
Benefit Land Title Prepared For: ASSET MWZ"T MI'G
Attention : TIM I3ETNES
F-517 T-107 F-002 NOU 05 '93 17:28 _-
Sari Diego
* * * * * * * * * * * * * * * * * * * * * * *
* * * * * * * * * * * *
2: * *
APN: Owner1 :
Owner2 :
Site :
Mail :
Legal :
.
1
US@ : Yr Blt:
BedBth :
#Story:
SaleDt:
SaleAm:
1st Td:
+Addl :
213- 061 -13 Phone :
CREEKSIDE BUSINESS PARK Pg-GM: 19-F3/1127-D3 Census: 2101 CAFlIEJD VIM ROBLE ownshp:
CARISBaD CA 92009 Zoning: M 16672 MXUIXAN AVE BI/I.lot: /x IRVINE CA 92714 Mapnwn: 0010061
Lm 1i
Property characteristics
wARmE-- 1992 #Units : Garage I #Rovms: poc>l : btsz : 2.17 A View ;
%Feet: 25,562
PrevDt : Prevh:
Seller:
Last Trans W/O $: 12/07/90 653721 Title :
&wd : $1,689,630 Tax : $18,273.72
Land : $684,977 status: CUR
Irrprov: $1,004,653 : 09018
perc: 59% Ehxpt :
* *
Ir
R * * * * * * * * * * * * * * * * * * * * * * * * *
i * * * * * * * * * .............................................................................. *** THG ACCURACY OF "XS INFORMATION IS *** *** DEEMED RELIABLE BUT IS pJr"ll' GUwm ***
Copyright (c)1993 Dataquick Infomation Network
BEt 4 I F I T LFI1.U T I TLE - F-517 T-107 P-003 NDU 05 ' 93 17: 28 -
Benefit and Title
Prepared For: ASSm MGm bfl~
Attention : TIM HEKhl'ES C/S Rep! IW DOYLE
Acnt Rep: BENEFIT TITI2
*********~************L***t*********************~*************************~****A
t * * APN : 213-050-24 Phone : *
* Owner2 : CGEiUS! * Site : 2225 CAMIN0 VIM ROBLE ownlshp: * * :cARLsBADcA 92009 Zoning: M *
A Mail : Po BOX 1780 Bl/Ut: /12 * * : mMESAcA 91944 Mapnum: PM07150 * * Legal : PAR A*BIETW EOE? LMT 12 MP 8054\ *
* Ownerl: EQUITY GRoWI" INVEsl"TS Pg Grd: 19-F2/1127-D4 *
* *
*
+. * * * * *
t
1 * * * * * * * * * *
Use : LIW MANUF
Yx Blt: 1981 #Units; Garage : BedF3th : #Rcmrns : Pool 1
#Story: Lotsz : 6.32 A View : SqFeet: 70,895
Sal&; 09/19/86 Doc# :
SaleAm: $/&Ft: 1st: Td: rxMnTy:
+addl : LRnder : Last Trans W/O $:
PrevLlt : Prevh:
Seller:
Title :
* * * * * * * * * * * * * * *
1 * * *
* AssesmnWTax Information *
* Aasd : $3,600,000 TaX : $45,610666 * * Land I $1,650,240 status: CUR * * lhpwov: $1,949,760 TRA : 09028 A * perc: 54% Ex-: *
x * * -___---__---------I------- *
* *
********~******X*******************~****A~******~~***xx**~****~***~*****~******* *** THE AC1cUEWCY OF THIS INEWFtMATI~ IS ***
fi** DEEMEI) m1ABI;E BUT IS m uumm ***
Copyright (~11993 Dataquick Informtion Network
?*. , -. -.
--
CONDITIONAL USE P€Rlm?$ (INCLUDING AMENDMENIS IL EXXXNSIONS)
MASIER PLANS (INCLUDING "DldlM'S)
REDEVELOPMENTPERMlTS(MAJOR,MlNORANDAMENDMEEFIS) - A COASTAL DEVELOPMENT PFiRMlT SUPPLEMENTAL APPLICATION Mum AIS0 BE
PLANNING COMMISSION DEIERMINATIONS
PRECISE DEVEU)P"T PLANS
SPEclAL USE P"S ( INCLUDING AMHUDm (EXCLUDING FLOODPLAIN S.U.PS)
SPEQmC PLANS (INCLUDING AMENDMENTS)
SITE DEVELOPMENT PLANS (INCLUDING REVISIONS)
COMPLETED.
--- except ~IS noted on #7 and X8 unda %pertyomreiO List and M-& Labels.
/a 1. Ten (10) copies of the proposed site plan on a 24" x 36" sheet(s) folded to 8 1/2" x 11"
size. Fifteen copies of the site plan shall be submitted by the applicant upon request of the
project planner prior to approval of the project. Each site plan shall contain the following- k information: L\I1 -\>
3' A' %bI GENERAL JNFORMATION:
Name, address and telephone number of the applicant, owner and Engineer or Architect
who prepared the plan.
No& arrow and scale.
Vicinity map showing major cross streets.
Date of preparation/revkions.
Project Name and Application Types submitted.
L- -
(* "
-- $7 / -
Namm d sewer, water and school districts providing senrice to the project 16 L c c /J &I. !.% k'b
AIl !kiWes labeled as 'existing" or "proposed".
A summary table of the following:
1. Street address and assessors parcel number.
FRMoOol 10/92 Page 1 of 8
c
.
2. Siteaaeage.
3. Existing zone and land use.
4. h.oposcdlanduse.
5. Total building coverage.
6. Building square footage.
7. Percent Landscaping.
8. Number of parking spaces required/provided.
9. Square Footage of open or recreational space (if applicable), for each unit and total
common open space for the project
10. Proposed density.
11. Area of the site which is undevelopable per Zoning Ordinance Section 21.53.230 (Include the acreage in each category). If not applicable state on the plans.
12. Cubic footage of storage space (if applicable). Show Location.
13. Average Daily Traffic generated by the project broken down by separate uses.
I v. INFORMATION
k General
/ 1. Approximate location of existing and proposed buildings and permanent structures
2. Location of ~II major vegetation showing size and type.
onsite and within 100 feet of site.
,d’ 3. Location of raitoads.
a’ F*d ,I
4. Bearingr and distances of each exterior boundary line.
5. Dhnce be~een buildings and/or structures.
6. Setback dimensions for requjred front, rear and side yards for all structures.
7. Location, height and matexiah of walls and fences. Indicate top, bottom and worst
condition elevations at both ends and in the middle of the wall or fence.
8. Location of fne smnding signs. Indicate the height and sign area.
Page 2 of 8 FRMOOol 1w92
. -
.
/dB. Street and U.tilities
1. The location, width and proposed name of all streets within and adjacent to the
proposed project Show meet grades and centerline radii.
2. Name, location and width of existing adjacent streets and alleys. Include medians and adjacent driveway locations. 0
0 3. Typical street cross sections for all adjacent and streets within project
0
0
4. Width, location, and use of all existing and/or proposed public or private easements.
5. Public and private streets and utilities clearly identified.
6. Show distance between all intersections and medium and high use driveways.
7. Clearly show parking stall and isle dimensions and truck turning radii for all parking
areas. 0
0 8. Show access points to adjacent undeveloped lands.
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 location of all fire hydrants within 300 feet of site.
C. WdingandDrainage
0
0
0
0
0
FRMWOl
1. Approximate contours at 1' intervals for slopes less than 5%, 2' intends for slopes
between 5% and lo%, and S intends for slopes over 10% (both eltisting and
proposed). Existing and proposed topographic contom within a 100 foot perimeter of the boundaries of the site. Ekisting onsite trees; those to be removed and those to be saved.
2. Earthwork volumes; cut, iill, import and export.
3. Spot clcvations at the comers of each pad.
4. Mctbod of draining each lot. Include a typical cross don taka parallel to the froortrgc for lots with less than standard frontage.
5. Location, width andlor size of all watercourses and drainage facilities within and adjacent to the proposed subdivision. Show location and approximate size of any
proposed detentionhetation basins.
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.
1W92 Page 3 of 8
1.
/n>. One (1) copy of 8 1/2" x 11" reduced site plan and building elevations. L- 1 /-
w3. One (1) copy of 8 1/2" x 11" location map (suggested scale 200" - vicinity maps on the
/ site plan are not acceptable). /fl,). Environmental Impact Assessment Form (Separate Fee Required).
5. Public Facility Agreement: Two (2) copies: One (1) notarized original and one (1) reproduced copy. (Separate fee required). /rd 6. Disclosure Statement.
7. ProDertv Owners' List and Addressed Labels
- NOTE: WHEN THE APPLICATION IS TENTATIVELY 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 SEIS OF THE PROPERlY
OWNERS LIST AND LABELS. THE APPLICANT SHALL BE REQUIRED TO SIGN A
STATEMENT CERl"G THAT THE INFORMATION PROVIDED REPRESENTS THE LATESTEQUALIZEDASSESSMENTROllSFROMTHESANDIEGOCOUNnASSESSOR'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). 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. For any address other than single family residence, apartment or suite number be included. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON
LABELS.
8. 500F oot Radl 'us Map
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 owne!~'s list. The scale of the map may
be reduced to a scale acceptable to the Planning Director if the required scale is
imw
9. Three (3) copies of the
months).
Title Report (ament within the last six [61
FRMoool lO/a Page 4 of 8
4b
./ / 10.
L /' 11.
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
FRMOOOl
a.
b.
C.
d.
e.
f.
8.
h
i
j.
k.
L
Proof of availability of sewer if located in the Leucadia County Water District or the
vdecitos Water District.
colored Site Plan an d Elevation Plan (Not required with fmt submittal). It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one(1)
copy of a colored elevation to the Planning Department by Noon eight (8) days prior
to the Planning Commission meeting. Do not mount exhibiG
Constraints MaD (24" x 36") folded to 8 1/2" x 11" shall include the following
information: If the constraint does not apply to the property, list it on the map as
not applicable. Constraint map should be the same scale as other exhibits, (Le., Site
Plan etc.).
Major ridge lines
Distant views
Internal views
Riparian or woodlands
Intermittent drainage course
25 - 40% s10peS
Greater than 40% slopes
Major rock outcroppings
Easements
Floodplains
Archaeological sites
SpeCialPlanningArear
m. Biological Habitaa Indicate the location of Coastal Sage Scrub and chaparral plant
commdtb uisting on the project site.
nBaches
0. Permancntbodies0fwater
p. Wetlands
q. Land subject to major power transmission
1W92 Page 5 of 8
h-
0 r. Railroadtrackbeds,
. All 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). N'
For projects with an average daily traffic (AD- generation rate greater than 500
vehicles per day 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 distriiution.
b) Project traffic generation rates and traffic assignme
c) Necessary calculations and/or analysis to determine intersection and road segment levels of service.
d) Any proposed mitigation requiremen& 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 a 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 compledty of the project, the City of Carlsbad reserves the right
to require a traffir study on any project
4. Nobestudy co- with Planning Director Mministra tive Policy No. 17 (when
15. Illvo copies of preliminary soWgeologk report for all projects with cut or fill depths
pplicrblr). see Noise Policy XI?. s" exceeding 5 feet.
FRMrnl 1- Page 6 of 8
,- .' .
/
. $& 3 Ten (10) copies of preliminary landscape plan on a 24" x 36" sheet(s) folded to 8 1/2"
x 11" size drawn to the same scale as site plan. Fifteen (15) copies of the landscape plans shall be submitted by the applicant upon request of the project planner prior to
approval of the project. Each landscape plan shall include the following information:
,?J7 '3y
o a. Landscape zones per the City of Carlsbad Landscape Manual.
b. Qpical plant speaes, quantity of each species, and their size for each planting zone. (Use symbols).
c. An estimate of the yearly amount of irrigation (supplemental) water required to
maintain each zone.
0
0
0 d. Landscape maintenance responsibility (private or common) for all areas.
o e. Percent of site used for landscaping.
0 f. Water Conservation Plan.
17. Ten (10) copies of the building elevations and floor plans on a 24" x 36" sheets(s) folded
to 8 1/2" x 11" size. Fifteen (15) copies of the building elevations and floor plans shall
be submitted by the applicant upon request of the project planner prior to project approval. Each building elevation and floor plan shall include the following information: i$P-
0 a. Floor plans with square footage included.
0 b. Location and size of storage areas.
0 c. All buildings, structures, walls and/or fences, signs and exterior lights.
0 d. Include a scale on all floor plans and building elevations.
e. Indicate on all building elevations, compliance with Carlsbad Height Ordinance
21 .O4.065. 0
/J"'18. For Master Plan and SDedfic Plans Only
a. Itisatmnglyrecommended that the applicant meet with staff before submitting text d maps for a master plan or specific plan.
b. After staff and the applicant have worked out the details of the specific plan or
master plan a minimum of 20 bound copies of the master plan will be required prior to scheduling the project for a public heaxing
FRMoool 1wm Page 7 of 8
J .-
c. Generally the following information must be! included in a Master Plan or Specific Plan document:
1. Introduction.
2. Environmental constraints.
3.
4. Open Space.
5. Public Facilities and Phasing. 6. Signage
Land Use and Development Standards.
Photographs of the property taken from the north, south, east and west.
Construction materials board and color samples (Le., roofing, exterior walls, textured
pavement, glass, wood etc.)
Roof plans showing location of roof appurtenances and mechanical equipment.
Completed “Project DescriptionBxplanation” sheet.
“Notice of The Limits on Discretionary Applications”.
24. Deposit for Publication of Notices - See Fee Schedule for amount. 0 A 07- 5: m34- IT&-
Page 8 of 8
--- . IN?D - DIFFERENT
City
PUBLlC 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 S"tate of California or any department, agency or political subdivision thereof. This agreement form should be completed by the Applicant
and submitted as follows:
1.
2.
3.
4.
$0
6.
7.
Select the appropriate form for either (a) the Developer and Owner are the same party, or
(b) the Developer and Owner are different.
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.
Fill in the type of project proposed to be constructed such as, a 12-unit condominium or
30.000 sauare foot shoDDinn center, etc., and the proposed name (if any).
Fill in the date the request will be (or was) submitted and the type of request such as, a
tentative map. condominium Dennit, or rezoninp;, etc.
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.
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,
ctc.). 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 "AILPURPOSE ACKNOWLEDGEMENT" is the OJ& acceptable form. (See attached).
Use the attached form as an original. A reproduced copy will not be acccpttd. Submit the
original of the agreement and one (1) copy.
.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. + 5\Zb Ncnwy, Attach a check, payable to "City of Carlsbad". See current fee schedule for amount.
# 3,oo sa -6fZ eouw PlZm9&% eF 5ub-stWJJDfiE 0
pRM0017 2/93 @ 9. 2075 Las Palmas Drive Carlsbad, California 92009-1 576 - (61 9) 438-1 161 @
-- .
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk 1
1200 Carlsbad Village Drive )
Carlsbad, California 92008-1 989 1
CITY OF CARLSBAD
Space above this line for Recorder's use
213-050-13 Parcel No.
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CrrY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FAClLtTlES FEE
FOR INSIDE THE BOUNDARIES OF COMMUNlTY FACILITIES DISTRICT NO. 1
THIS AGREEMENT is entered into this 2nd day of ,1934
by and between Varley Bnterprises
(name of developer)
a Dartner- , hereinafter referred to as "Developer" whose address (corporation, partnership, etc.)
is 2095 W. Vista Way, Vista California 92083
(street) (city, state, zip code)
and e1 1 9
(name of legal owner)
a Corporation , hereinafter refarred to as "Owner", whose address
is 3848 7th Street, Room 120, San Diego, California 92103
(indMdual, corporation, etc.)
(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 Drhre, Carlsbad, California, 9Mo81989.
1
RECITALS
WHEREAS, Owner is the owner of the real property described on Exhibit "N, attached
hereto and made a part of this agreement, hereinafter referred to as "Property"; and
WHEREAS, the Property lles within the boundaries of City; and
WHEREAS, Developer has contracted with Owner-nd proposes
a development project as follows: conditional use permit
on said Property, which
development carries the proposed name of NJA
and is hereafter
referred to as "Development"; and
93 WHEREAS, Developer filed on the hday of November 9 19-9
0. with the City a request for co-tlom use ~mt
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 Cfty Clerk and incorporated by this reference, and that the Clty's
publlc fadlitlea and 8ervlc83 are at capacity and Will not be available to accommodate the
additional need for publlc fadltties and services resutting from the proposed Development; and
WHEREAS, Developer and Owner have asked the CHy to find that public fadlitles and
services will be available to meet the future need8 of the Development a3 il 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,
2
Oevelopera44wmrpropose 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 e4-0wrmshall pay to the City a public facilities fee In an amount
not to exceed 1.8296 of the building permit valuation of the buildlng or structures. to be
constructed In the Development pursuant to the Request. The fee shall be pald 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 Tiles 18, 20 or 21 of the Carlsbad Municipal Code. Developer+md-%mw
shall pay a fee for conversion of existing building or structures into condominiums in an amount
not to exceed 1,8296 of the buildlng 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 permtts 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. Deve1operaRc)Bwnsrshall pay
the Cfty a publk fadlitles fee In the sum of $598 for each mobilehome space to be constructed
pursuant to tho Request. The fee shall be paid prior to the issuance of building or other
construction permtta for the development. This fee shall be in addition to any fees, dedications
or Improvements required according to Mles 18,20 or 21 of the Carlsbad Municipal Code.
2. The Developer -mWwuwmay offer to donate a site or sttes for publlc fadlltim
in lieu of ail or part of the financial obligation agreed upon in Paragraph 1 above. tf Developer
-md+wmr offer to donate a site or sites for public facilities, the City shall consider, but Is not
3
obligated to accept the offer. The time for donation and amount of credit against the fee shall
be determined by City prior to the issuance of any building or other permits. Such determination,
when made, shall become a part of this agreement. Sites donated under this paragraph shall
not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code.
3. This agreement and the fee paid pursuant hereto are required to ensure the
consistency of the Development with the City’s General Plan. If the fee is not paid as provided
herein, the city will not have the funds to provide public facilities and services, and the
development will not be consistent with the General Plan and any approval or permit for the
Development shall be void. No building or other construction permit or entitlement for use shall
be issued until the public facilities fee required by this agreement is paid.
4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities
fund for the financing of public facilities when the City Council determines the need exists to
provide the facilities and sufficient funds from the payment of this and similar public facilities fees
are available.
5. City agrees to provide upon request reasonable assurances to enable Developer
to comply with any requirements of other public agencies as evidence of adequate public
facilities and 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 writlng, and shall be dated and
signed by the puty gMng such notice or by a duly authorlzed representatbe of such party. Any
such notice shall not be effecthe for any purpose whatsoever unless sewed In one of the
following manners:
7.1 tf notice is given to the CRy of personal delivery thereof to the Clly or by
depositing same in the United States Mall, 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 certined.
7.2 tf 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, Owner and City, and references
to Developer, Owner or City herein 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 lnterbst 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 wrtting In a form acceptable to City.
9. This agreement shall be recorded but shall not create a llen or securtty interest in
the Property. When the obligations of this agreement have been satisfied, Clty shall record a
release.
...
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e..
5
State of California wl 2 Countyof San Dieqo
v
sr
On March 16, 1994 beforeme, Pamela J. Simpson
Arthur J. Varley, Jr. 3c 9 personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(+hose name(@s/aauubscribed to the within instrument and acknowledged to me
that he&haUkp?xecuted the same in his/bMhelnuthorized capacity(wand that by
ch his/heFCtheiFsignature(+on the instrument the pe
the persowcted, executed the instrument.
WITNESS my official hand and seal. ,
(Seal) THIS AREA FOR OFFICIAL NOTARY SEAL
No. 5193
County of J %n
On a-\o-W before me, I DATE
78 3 NAME@) OF SIGNER@) personally appeared *\ ?HR*afi
mpersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the persondwhose nameM is/@
subscribed to the within instrument and ac-
knowledged to me thatJa&she/tbefexecuted
the same in bt&’her/M authorized,
capacitp, and that byM/her/tflr
signature on the instrument the person$+$
or the ntity upon behalf of which the
personfp(’aded, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL SECTN
OPTIONAL SECTION -
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove invaluable to persons relying on the document. 0 INDIVIDUAL
CORPORATE OFFICER(S)
TITLE@) 0 PARTNER(S) 0 LIMITED n GENERAL U 0 ATTORNEY-IN-FACT
0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
THIS CERTIFICATE MUST BE AlTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
01992 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave., P.O. Box 7184 Canoga Park, CA 91309-71 - ~___ ___ -- ~~ -_._
, (61 8) 4562882 (foe schedule on revarse)
BUSINESS ADDRESS . 2) y?---c?u,x&d& fi!hL~ A^d"-. (No P.O. Boxes) (Number) (Street) (Suile NO:)
(City) (Slate) (Zip Code)
(Street) (Suik NO.)
d/rrL.?. 4!AJL-.- ...... cxz- ........ - .. .-
MAILING ADDRESS & .... d-4L-m __.. . ,,.,_.___ .--.. -
... g/ .-- j /'&.
(if dlffefent) (Numbor) a!:-.- 88 --_- d L' 5-- -- 2&37/ ., . . 9 WY) (St el a) (216 Code)
BUSINESS PHONE (-&/j;.' ) '7.9 8 - .' ...... /:i'zA-- - . EMERGENCY PHONE.(d-/@ q4//. .T$'&~J''-
TYPE OF ORGANlZATION:(ChebcOne) DATE BUSINESS STARTED IN CAf3LSBAD: f2 1 I! 141-
APPLICANT NAMElADDRESS (OWNER: IF PARTNERSHIPICORP, GIVE NAMES OF PARTNERS OR CORP. OFFICERS)
SOLE PROPRIETORSM'IP _._._.__ PARTNERSHIP ........... CORPORATION
I .<p. ,lg CA ye- 1 .c TYPE OF BUSINESS &L& fl c/& t ,..f
(PLEASE 8E SPECIFIC) i)fyy& yrn
PROVIDE THE FOLLOWING WHERE APPLICABLE: CA DRIVERS LICENSE
3j3c4j-fl -- -. Pyyy - CZlL - 32 - C/i;-3&
STATE SALES TAX NUMBER FEDERAL TAX IO NUMBER SOCIAL SECURITY NUMBER
STATE CONTRACTOR CLASS STATE EMPLOYER NUMBER LICENSE NUMBER .' IDENTIFICATION NUMBER
.....
ADD'L TRUCKS Qp 315 EA
GROSS RECEIPT$ 1 - .-
TAX RATE (per each $lCCO)
SUBTOTAL .
BASE FEE + - ...........
...... I . ------
' ' I 4 ' . <. :: ;, 'd Date Issued ,Idk 1. ..I
--.--.:--n-.- Jf-,Zh.qq 0nrr.lntlarr
This Businass Liconse Armlicatigc does not authorize you to conduct buslness. You will be notified by the Flnance
~epaftment when your application Is approved anb you v~ill be furnished a Business Llcense Number at that time.
1.
2.
3.
4.
5.
6,
7.
8.
9.
10.
Y
.
If this is a Home-Based Buslness, please cornplete a Home-Based Busines Form, which can be acquired from the Buelness License Clerk.
Check the Redevelopment Map on the wall. If you Intend to operate a buslness wlihln this area, you may need a Redevelopment Permlt. Plaase 6ee a Planner at the Development Processlng Counter or call Redevelop-
ment at 434-2811,
If you are planning to change or Install a sign for your buslness, Contact Development Procestilng Servvlces
at 438-1 161.
What Is the total square footage that your buslness occuplos? 3 <,Pfm:-
Wood Working? -, -.+&&-,- Hazardous Processes? J4 c
Warehouse? 2.L- Flammable Llqulds'? &-'&.-
Painting? -m/trl-- -
Type of Business: Wholesale Retall - Con slgnmen t - Servtce &
*e-
W111 this buslness involve any of the following?
/
Prevlous Use of slte (Please be specific) -~JA
Number of Employees {Include Self) ---A&.-.--
Will there be sale of alcoholic beverages .&-.-.. __
&f/p / / L' <] yPA: .LL
- ---
if Yes: On Sale .-- Off Sale
BeerlWlne Llquor
Landlord/Property Owner: /,e Ab I'd ___ -.- -- (Commercial Locotlons Only)
Address $&--.----
OFFICE USE ONLY
Comments - .- .-- __...
WED, FEB 3, 1993, 3~54 Phi ................................................................................
*MODE:F ACTI0N:L Business License *01 License No 1199783 02 In City? Y 03 Exempt? Y 04 Status 0 *05 Business Name VEHICLES UNLIMITED ASSET RECOVERY See VS? N *06 Street No 002175 Dir Name CAMINO VIDA ROBLE Unit #
*07 City/State CARLSBAD, CA 08 Zip Code 92009 *09 Phone No 619 738-1385 10 Alt Phone No 6 9 941-5445
*12 City/State VISTA, CA 13 Zip 92085-2319 *14 Profession GOVERMENT SSEIZURE'S 15 Ownership Type P *16 SIC Code 9199 GENERAL GOVERNMENT, NEC *17 Fed Emp ID 33-0508449 18 State Emp ID *19 Sales Tax No 20 License Section GB *21 Contractor No 22 Pub Listing? Y 23 Questionnaire? Y *24 Dates: Opened 12-11-92 25 Issued 01-19-93 26 Closed *27 Last Renewed 01-19-93 28 Renewal Yr/Mth 93/11 29 Home Occ N *30 Gross Receipts 180 31 Old Lic# *32 Amount Penalty 33 Amount Paid 88.00
*34 Amount Refund
*35 Comments *36 Comments
* 4 0 Owner/Manager/Contacts 50 Renewal Log
*11 Mail Address P.O. BOX 2319 70qr i.dL%T virLyCw4 sm)
*
* * ................................................................................
LOGON ID: PLNG.PERMITS PORT ID: 90 GROUP: PUB
QUICK526C L2 BUSO2100(92-04-21) QDESIGN526C HP2392 (c) COGNOS INCORPORATED.
-CASE NUMBER:
INSTRUCTIONS Please check appropriate ON REVERSE DATE .]TIME ,-?, ' h9
RECEIVED BY:( )Phone ( )Letter person ( )Other
box(es) for distribution. Use ball point pen only.
NAME s-rf3r/ Bd'L LEAD FYI DEPT.
) ( ) Administration
) ( ) Animal Control
) ( 1 Building and Safety
) ( ) City Clerk
CITY @ CJd,T# ZIPCODE y20d
HOME PHONE WORK PHONE pd-//dd
) ( City Council
1 ( 1 City Manager
LO C AT1 0 N: J7S &ma /A& a/ e.
Code Enforcement NATURE OF REQUEST:
) ( ) Finance
) ( ) Fire Services
) ( ) Parks and Recreation
) t 1 Planning
1 ( ) Police
1 ( ) Public Information Office Taken by Department
1 ( ) Public Safety Office DEPT.USE: 1 2
1 ( ) Redevelopment
) ( ) Senior Programs
n
v
) ( ) Street Maintenance ACTION TAKEN (Please note dates):
) ( ) Traffic Engineering
Signed Date .v/aLph_ -
2075 Las Palrnas Drive - Carlsbad. California 92009 - (619) 438-1 161