HomeMy WebLinkAboutHDP 93-12; SFREGOLA STOCKPILE; Hillside Development Permit (HDP)I fr QT( OF CARLSBAD
LAND USE REVIEW APPLICATION FOR PAGE 1 OF 2
1) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(FOR DEPT
I MR (N1V
O Master Plan
Specific Plan
Precise Development Plan
Tentative Tract Map
Planned Development Permit
O Non-Residential Planned Development
Condominium Permit
Special Use Permit
Redevelopment Permit
Tentative Parcel Map
Administrative Variance
F1 General Plan Amendment
Local Coastal Plan Amendment
F1 Site Development Plan
0 Zone Change
71 Conditional Use Permit
R( Hillside Development Permit
Q Environmental Impact Assessment
0 Variance
M Planned Industrial Permit
F1 Coastal Development Permit
C1 Planning Commission Determination
FOR DEPT
SE ONLY)
C3 List any other applications not specificed I
2) LOCATION OF PROJECT: ON THE WEST SIDE OF Ft CAMJNfl REAL
(NORTH, SOUTH EAST, WEST)________________________ (NAME OF STREET)
BETWEEN f ALGA AND f PALOMAR AIRPORT R
(NAME OF STREET) (NAME OF STREET)
(3) BRIEF LEGAL DESCRIPTION:I The north half of thc couthw'st gI,r1-,'r tmf the cpiithwt
quarter of section 23, Township 12 south, Range 4 west. I
4) ASSESSOR PARCEL NO(S). 215-020-06
5) LOCAL FACILITIES 21 6) EXISTING GENERAL PLAN IRM/RLM)PROPOSED GENERAL PLAN FfJv% MANAGEMENT ZONE DESIGNATION DESIGNATION
8) EXISTING ZONING
11) PROPOSED NUMBER OF
RESIDENTIAL UNITS
LC 1 9) PROPOSED ZONING
N/A 12) PROPOSED NUMBER
OF LOTS
LC 10) GROSS SITE 0.02
ACREAGE
13) TYPE OF SUBDIVISION
N/A N/A
(RESIDENTIAL
COMMERCIAL
INDUSTRIAL)
14) NUMBER OF EXISTING RESIDENTIAL UNITS 0
'p
15) PROPOSED INDUSTRIAL J 0 J16) PROPOSED COMMERCIAL j 0
OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE
NOTE A PCD MOi R21RING AT M k PRCP PROJECt
REQ(IIRING flMTO ZOAPPUCA11ON BJU PRIC&Q4OQPji FRM00016 8/90
CITY OF CARLSBAD 1
LAND USE REVIEW APPLICATION FORM IS PAGE 2 OF 2 I
17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE N/A
18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS N/A I
19) PROPOSEQJNCREASE IN AVERAGE DAILY TRAFFIC 0
20) PROJECT NAME: I accs-ro pFnvlP*c 5 e'I..- 6i72J-Pi i_2
21) BRIEF DESCRIPTION OF PROJECT:
I APN 215-020-01 -
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 PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. VWE CONSENT TO ENTRY FOR THIS
PURPOSE
SIGNATURE
23) OWNER 24) APPLICANT
NAME (PRINT OR TYPE) NAME (PRINT OR TYPE)
JOHN SFREGOLA and STEPHEN J. POINSETTIA HILL LIMITED
MAILING ADDRESS CHYSELS MAILING ADDRESS
47 P1 AVA RI ANCA 23 CORPORATE PLAZA #139
CITY AND STATE ZIP TELEPHONE crrt AND STATE ZIP TELEPHONE
ENCINITAS, CA., 92024 /A NEWPORT BEACH, CA., 92660
I CERTIFY THAT I AM THE LEGAL OWNER I CERTIFY THAT I AM THE IZGAL OWNER'S REPRESENTATIVE AND
THAT ALL THE ABOVE INFORMATION IS TRUE AND (RRzcr TO THE AND THAT ALL THE ABOVE INFORMATION
IS TRUE AND cx)P.RECF 10 THE BEST OF Bur of MY KNOWLEDGE.
KY KNOWLEDGE 7
SIGNATURE A Th
D
•*****/ *.****.**.i*lr*.********/***.**.* *.***.**.***.**.*.********************•*********
FOR ' USE ONLY
r
FEE COMPUTATION:
APPLICATION TYPII FEE REQUIRED
Hc7 t-tWco
DATE STAMP APPLICATION RE(VEE
4ce~A&,ecJ)
J RECEiVED BY:
TOTAL FEE REQUIRED I 7150 Z? j
DATE FEE PAID I i4f't I RECEIPT NO. r
City of Carlsbad
-Plann i ng •11 .I111 4p it=3 i1 U
DISCLOSURE STATEMENT
APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE
DISCRETIONARY ACTION ON THE PART OF THE Cm,' 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.
POINSETTIA HILL LIMITED
- - -- - (See attached Exhibit "A")
2. Owner
List the names and addresses of all persons having any ownership interest in the property involved.
TERRY & MARGARET REITER SECURITY PACIFIC NATIONAL BANK
17700 FIGUEROA ST. STEPHEN J. GHYSELS
CARLSBAD, CA. 90248 9333 GENESSEE AVE.
SUITE 220
SAN DIEGO, CA. 92121
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.
DOMINICK SFREGOLA WILLIAM P. & MARJORIE BOWEN
1052 HYDE PARK DR. 14088 E. KAMM AVE.
SANTA ANA, CA. 92705 KINGSBURY, CA. 93631
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.
FRM0001 1 4191
075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161
Dad
1'
' •
DISCLOSURE STATEMENT
APPLICANTS STAEMEN1 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 identtflsd 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
-
. ..
(Over)
Disclosure Statement Page 2
5, Have you had more than $250 worth of business transacted with any member of City staff, Boaris
Commissions, Committees and Council within the past twelve months?
Yes - No XX If yes, please indicate person(s)
P.ison is defined U: Any Individual, firm, copartrisrship, joint vsnturS, association, social club, frstrn$I organilation, corporation, estate, trust,
receiver. syndicate, this and other county, city and county, city municipality, district or other political subdivision, or any othir group or
combination acting as a unrt
(NOTE: Attach additional pages as necessary.)
AGENTS FOR OWNERS
JOHN SFREGOLA and STEPHEN J. GHYSELS DWIGHT W. SPIERS TRUST -_GFN PARTNER
Signature of Owner/date Signature of appllcantldatl
POINSETTIA HILL LIMITED
A CAI IFnRNIA LIMITED PARTNERSHIP Print or type name of applicant
J.
FRM000I3 8/90
.
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008-1989
Space above this line for Recorder's use
Parcel No. APN 215-020-06
AGREEMENT BETWEEN OWNER, DEVELOPER
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 20 day of SEPTEMBER
by and between POINSETTIA HILLS LIMITED
(name of developer)
a limited partnership , hereinafter referred to as "Developer* whose address
(corporation, partnership, etc.)
is 23 Corporate Plaza, Suite 139, Newport Beach, CA.., 92660
(street) (city, state, zip code)
and JOHN SFREGOLA and STEPHEN J. GHYSELS
(name of legal owner)
a AGENTS FOR OWNERS ,hereinafter referred to as ")jeg .1, whose address
(individual, corporation, etc.)
is 342 Playa Blanca, Encinitas, Ca., 92024
(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, 92008-1989.
Form Approved
By City Council July 2, 1991
Ro # 91-194/KJH
1
\-oc7
0
RECITALS
WHEREAS, Owner is the owner of the real property described on Exhibit HAM, 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 has contracted with Owner to purchase the property and proposes
a development project as follows: ACCESS ROAD
on said Property, which
development carries the proposed name of 'A' STREET
and is hereafter
referred to as "Development"; and
WHEREAS, Developer filed on the day of . 19___,
with the City a request for HILLSIDE DEVELOPMENT PERMIT
hereinafter referred to
as "Request"; and
WHEREAS, the Public Facilities Element of the City General Plan requires that the City
Council find that all public facilities necessary to serve a development will be available concurrent
with need or such development shall not be approved (said element is on file with the City Clerk
and is incorporated by this reference); and
WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated
July 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 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,
Form Approved
By City Council July 2, 1991
Reso#91-194/KTh{ 2
Developer and 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 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 and Owner
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 8, "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 and Owner 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 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 Owner offer to donate a site or sites for public facilities, the City shall consider, but is not
Form Approved
By CkyCoundl July 2, 1991
Ro#91-194/KJH 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, It 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
Form Approved
By City Council July 2, 1991
Rezo#91-194/KJ}{ 4
p
.
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, 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 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 July 2, 1991
Remo #91194/KIH 5
'p
POOR
QUALITY
ORIGINAL (S)
. S
IN WETNESS WHEREOF, this agreement is executed in San Diego County, California
as of the date first written above.
AGENTS FOR OWNERS
OWNER: JOHN SFREGOLA and STEPEHN J. DEVELOPER:
O-IYSELS POINSETTIA HILLS LIMITED
('t me) A / (name of developer)
(Si a ure)
574' By___________
(,print name (signature)
(Sig e) -/ (print name)
(int name) / (title and organization of signatory)
M.
IFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 519)
State of
CAPACITY
}
'' OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
County of ORANGE Though statute does not require the Notary to
fl
irti In the data below, doing so may prove w invaluable to persons relying on the document.
MAYA NOZ. NOTARY PUBLIC INDIVIDUAL
ALORNA ALL-PURPOSE ACKNOWLEDGMENT No. 5193
State of California
County of_ San _Diego_}
On 9/23/93 before me, Louise St. Luise, Notary Public
DATE NAME, TITLE OF OFFICER - E.G., JANE DOE, NOTARY PUBLIC
personally appeared Stephen Ghysels
NAME(S) OF SIGNER(S)
personally known to me -
to be the person(s) whose name( ie<
subscribed to the within instrument and ac -
knowledged to me that he/$WRM executed
the same in hisAIROnk authorized
oI
OFFICIAL
]
LUISEcapacity(, and that by his/x4tejix
LOUISE ST.signature( on the instrument the persons),wig Notary Pubflc-
SAN DIEGO or the entity upon behalf of which the
MY CommIssio person( acted, executed the instrument.
1p
December
- 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.
JJ INDIVIDUAL
0 CORPORATE OFFICER(S)
TITLE(S)
O PARTNER(S) J LIMITED
0 GENERAL
ATTORNEY-IN-FACT
O TRUSTEE(S)
JJ GUARDIAN/CONSERVATOR
O OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(€) OR ENTITY(IES)
SIGNATURE OF NOTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT Agreement Rtwn Own er , Develope r
THE DOCUMENT DESCRIBED AT RIGHT: 9120/93 NUMBER OF PAGES / DATE OF DOCUMENT /
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE
@1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184• Canoga Park, CA 91309-7184
-, -, ---_ — -,
P.eso # 91-194/KJH
4.
.
.
EXHIB IT "A'
NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 23, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO UNITED STATES GOVERNMENT SURVEY.
Form Approved
By City Council July 2, 1991
Rjo#91-194/KJH 7
\
Exhibit
Poinsettia Hill Limited
A California Limited Partnership
LIMTIED PARTNERS
PARTNERS ADDRESSES PHONE
—'Babbush, Randy 23 Emerald (714) 552-5283
Ii'.4n 92714
7 Braun, Robert C. 22202 Rico Road (714) 499-3005 H
So. Laguna 92677 (714) 641-5100 0
7 Carruth, Joseph P. 25466 Nellie Gail Rd. (714) 643-0638 H
Laguna Hills 92653 (714) 641-5100 0
YCrockard, Bruce 1035 Canyon View Dr. (714) 494-0011 H
Laguna Beach 92651 (714) 760-3365 0
., Curnutt, Richard A. 23411 Summerfield #9E (714) 362-6112 H
Aliso Viejo 92656 (714) 641-3457 0
/Dallas, Vicki 611 Anton Blvd. #1400 (714) 589-1678 H
Costa Mesa 92628 (714) 641-5100 0
Forsyth, Marcia A. 202 Seanard Rd. (714) 640-0147 H
Corona Del Mar 92625 (714) 641-3453 0
Grable, Roger 525 AilvIew Terrace (714) 497-3320
Laguna Beach 92651
/ Kinsman, Cheryl 1500 N. Coast Hwy
Laguna Beach 92651 (714) 494-4900 0
/ Lee, Patricia 1901 Yacht Enchantress (714) 644-2145 H
Newport Beach 92660
McKee, Ford 0. Box 82128 (602) 375-9309 H
-
Phoenix, AZ 85071
Ravers, Robert 709 Marigold Ave. (714) 640-0245 H
Corona Del Mar 92625 (714) 644-0598 0
_- Sybesma, Ed 789 Bay View (714) 497-5055
Laguna Beach 92651
bland, Christopher J. 17591 Rainglen Lane (714) 846-7689 H
Huntington Bch 92649 (714) 841-1015 0
C b' CITY OF CARLSBAD
1200 CARLSBAILLAGE DRIVE CARLSBAD, SIFORNIA 92008
438-5621
REC'D FROM -_>•t 444r DATE____________
ACCOUNT NO.
4079 09/20f9
DESCRIPTION
0001 01 02
CAMOUP
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72
Pr!:
3~ inn
c77 9J-J 5'o
REdIPT NO. 3297 TOTAL cu) ç Prrntcd on recycled paper. I '