HomeMy WebLinkAboutPCD 56; BEN STABILE; Planning Commission Determination (PCD)J
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Ai»PLICA TIO"
REQUEST
o Zone Change
OGeneral Plan Alretldment
OTentative Tract Map
DPl~ed Unit Developnent
OMajor Condominium Permit
DMinor Condominium Permit
OMaster plan
OMajor Condominium Conversion
OMajor Redevelopnent Permit
(check other boxes if appropriate)
R.3
o Minor Redevelopnent Permit
OPrecise Developnent Plan
[JSpecific Plan
OSite Developnent Plan
DConditional Use Permit o Variance
~lanning Commission Determination o Special Use Permit
OMrninistrative Variance
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DATE
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FILING REQUIREMENTS
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SPECIFIC REQUIREMENTS
~eneral Plan Amendment/zone Change
1.
2.
Application Form
.;3,.
4.
General Requirement Items H-Q
Reproducible 1:506 scale map of subject property
showing requested zoning and surrounding zoning and
land uses.
Fee: General' Plan Amendment $200.00 + $5.00 per lot or
acre. Zone Change: $500.00
Master Plan/Specific Plan/precise Development Plan
1. Application Form
2,. General Requirement Items:
-thirteen (13) copies of items A-D
-items E-Q
3. Fee: Master Plan $1,000 + $2.00 per/acre
, Specific Plan $1,000.00
Master Plan Amendment: Minor $50.00 + 2.00 acre
Major $500.00 + 2.00 acre
Tentative Tract Map
.' 1 • Application Form 2. Thirteen (13) copies of the Tentative Tract Map
3. General Requirement Items
thirteen (13) copies of items A-C
items E, G-K, M-R
4. Fee: $500.00 (1-25 lots or units)
$750.00 (26-100 lots or units)
$1.,000 (100 + lots or units)
Extension: 1/2 of original fee
Revision: 1/4 of tentative map and regular fee on
additional lots or acres.
Major·Planned Development (5 or more units)
,1. Application Form
2. General Requirement Items:
thirteen (13) copies of items A-D
items E-Q
3. Conversion to Condominiums -list of names and
addresses of all tenants of the project, proof of
notification of the tenants 60 days prior to filing
tentative map.
4. Fee: $200.00
$5.00 per unit for notification of tenant~
NOTE: Tentative Tract Map Required
Hillor ~!.~I~~_'LQ"vel'!.r.~(4 01-less units) 1. A~pllc~ttull Porm
2. General Requirf~ •. lent Items:
three (3) c0pi~5 oC items A-D
itews 1(, L, 0, P, Q
3. Conversion to C0ndominiums -list of names and addresses of
all tenants of the units to be converted to condominiums.
4. Fee: $50.0.0 +$,1.00 per unLt
NOTE: Tentative Parcel Hap Required
Site Q.eve~opm<;nt Plan 1. Appllcatlon Form
2. General Requirement Items
thirteen (13) copies of items A-D items B-L, 0, P, Q
3. Fee: $350.00
Conditional Use Permit/Special Use Permit
-,-:---xppl1catlOn Form
2. General Requirement Items:
thirteen (13) copies of items A-D
items E-Q (items M,N & 0 not required for Special Use Permit)
3. Fee: $400.00
Variance
1. Application Form
2. General Requirement Items:.,
thirteen (13) copies of item A
items E, G, H, J-N, I if applicable, and P
(see ~itle 19. Environment)
3. Variance Supplemental Sheet
4. Fee: Single Family $100.00
Other • $250.00
,Planning ,Commission Determination 1. Appllcatlon Form
2.' One page statement precisely indicating the determination request.
3. General Requirement Items:
thirteen (13) copies of items A and 0' items H, K, and L
4. Fee: $25.00
Administrative Variance
1. Applicatron~()im--
0, if applicable
2. General Requirp.ment Items:
(3) r.opies of items A &
items G, H, J-N, and P
Fee: $100.00 . i 3.
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~~r and ~E-~~develo.pmcnt Permit,S 1. Applicatlon rorm
2. General Requirement Jtems:
thirteen (13) copies of Item A-O
items 01<1;or) E-N, P, R (if applicable) material samples. I:
Ii 3. items (Minor) E-H, J-M, P, material samples
Fee. (Not established except where other permit is neCf!SSary) •
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II. GENERAL REQUIREMENTS
B.
C.
A. Site Plan: Shall include the following information:
Name and address of applicant, engineer and/or
architect, etc.
All easements
Dimensioned locations of:
access, both pedestrian and vehicular, showing
servic~ areas and points, of. ingress and egress
off-street parking and loading areas showing
location, number and typical dimension of spaces,
and wheel stops. '
distan~es between buildings and/or structures
building setbacks (front, rear and sides)
location, height; and materials of walls and fences
location of freestanding signs
all driveways to scale on adjacent and across ,the
street properties for a distance of 100 feet beyond
tEe limits of subject site.
existing curbs, gutters, sidewalks and existing
paving widths within 100 feet on adjacent and across
the street properties.
typical street section
any existing median islands within 100 feet of
subject site.
nearest cross streets on both sides with plus or
minus distances from subject site.
location of all buildings within 100 feet of subject
Eroperties.
a vicinity map showing major cross streets
a summary table indicating the following
information: .
site acreage
existing zone and land use
proposed land use
.total building coverage
building sq. footage
percent landscapinq
number of parking spaces
sq. footage of open/recreational
space (if applicable)
cubic footage ·of storage space
(if apl'licable)
Preliminary Grading and Dlrainage Plan* (24"x36")
existing and proposed contours 60 the site and within
100 feet of the boundaries of the site.
elevations of the site
existing on-site trees; those to be removed and those
to be saved. '
Preliminary·Landscape and Irrigation Plan* (24"x36")
iocation of planting areas and typical plant materials
(quantity and size)
location of areas to be irrigated
D. Building Elevations and Floor Plans* (24"x36H )
floor plans-with square footages included
location and size of storage areas
all buildings, structures, walls and/or fences, signs
and exterior lights.
E.
F.
G.
H.
One (1) GOpy of colored sitepl'an (24"x36")
One (1) copy of colored elevations (24"x36") ""
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One (1) copy each of 8 1/2"xl1" site plan and elevations.
One (1) copy of' 8 1/2"xl1" location map (suggested scale
1:200" -vicinity maps on the site plan are not acceptable)
Environmental Impact Assessment Form ($100)
Public Facility Agreement: 2 copies: One (1) notorized
original, One (1) reproduced copy.
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K.
L.
M.
N.
O.
Disclosure Scatement
Photostat1c copy of deed with complete legal description of
subject property or other form of description acceptable to
the Landbse Planning Manager.
Property Owners' List and Addressed Stamped Envelo~~
(Not needed for Site Development Plan, Special Use Permit
and Minor Condominium Permit) 1). a typewri~ten list of the
names and addresses of all property owners and occupants'
within a 300 foot radius of subject, property. The list
shall include the San Diego County Assessor's parcel number
from the latest assessment roll's.. 2) Two separate sets of
legal size, addressed stamped envelopes (four sets for
condominium conversions) of the property owners and ,~
occupants \'1ithin a 300-foot radius of subjec't property.~or
any address other than single family residence, apartment or
suite number must be included. DO NOT TYPE ASSESSOR'S
PARCEL NUMBER ON ENVELOPES AND LEAVE RETURN OF ADDRESS
BLANK. 3) For Condominium Conversions, two separate sets of
addressed., stamped envelopes of all existing tenants is required.
300 Foot Radius Map
(N9t needed for Site Development Plan, Special .Use Permit
and Minor Condominium Permit). A map to scale not less than
1" = 200' showing each lot within 300 feet of the exterior
boundaries of the subject property. Each of these lots
shall be consecutively numbered and correspond with the pro-
perty owner's list. The scale of the map may be reduced to
a scale acceptable to the Land Use Planning Manager if the
required scale is impractical.
For residential projects within Vista, Encinitas or San
Dieguito School Districts, the applicant shall indicate
whether he prefers to dedicate land for school facilities,
to pay a fee in lieu thereof , or do a combination of th ••
If the appiicant prefers td dedicate land, he shall suS t
the specific land. '
For residential projects with~n the Carlsbad Unified Scoool
District and the San Marco Unified School District, the
applicant shall submit written confirmation that school
facilities will be available and serve the project at time of need.
P. Prelimin~ry Title Report
Q. Proof of sewer availability if located in the Leucadia.
County Water District.
R. Statement of agreement to waive tentative tract map time
limits.
*NOTE: ALL EXHIBITS MUST BE FOLDED IN A SIZE NOT TO EXCEED
8 1/2"xll".
.L~=~Tro~1 t
1) Gross Acres (o~ sqUare fOotage, if less than acre) -----------------------
2) Zon~ ____________ ~ ____ ~ ______________________ ~ ________ ~ ____ _
3) General Pla.1. Land Use Designatic:n _______ -:--~_~~----------------
4) . By law a Variance may 'be apprOVed cnly if certain facts are found. to exist.
Please read t.l"'ese requireme:1ts carefully and explain hoW' tl'e proposed.
project m:ets ~ch of these facts. qse additicnal sheets if necessary.
a) Explain wby tr.ere are exeepUcnal or extraordinary circl.llllSi:ances or
cx:nditioos applicable to th:! property or to the :intended use that do not
apply' gene.t:ally to tfu o~ property ~r class' of Use.in 'tl~ same-vicinity
and ZO'le:' . " ..
b) Explain why such variance is necessary for the preservaticn and
enjoyment of a sUbstantial'property right possessed by other property in
the same ViC;41.ity and zcne but \"hlch is denied to the proWrty in. questioo:
c) Explain why the granting of such variance will not be materially
detrimental to the public wel:fa+e or injurious to the property or
jrnprovanents in such vici:h.ityand zooe in which tre pro~rty is located
d) Explain \-l~' the granting of such varianCe \,,1ill not adversely affect the
conpre'hensi va general plan: ------------~----~-------------------------
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APPLICANT DISCLOSURE FORM
In order to assist the members of the Planning Commiss~on and
City Council to avoid possible conflicts of interest, all appli-
cants are required to complete this disclosure form at the time
of submitting their application. When this form has been com-
pleted and signed, the information will be relied upon by them in
determining if a conflict may exist, so please ensure that all of
the information is completed and accurate. If at anytime before
a final action on your application has been rendered, any of the
infor~ation required by this disclosQre changes, an amendment
reflecting this change must be filed.
If the applicant is an individual, or a partnership (either gen-
eral or limited) or a joint venture, please $tate the full name,
address and phone number of each pers'on or individual (including
trusts) who own any beneficial interest in the property which is
the subject of this application. Should one or mor~ parties to
the application be a partnership or joint venture, then please
state the full legal name of the partnership or joint venture,
its legal address and the name and address of each individual
person who is a general and/or limited partner or member of the
joint venture. '
Should one or more of the parties be a privately held corporation
(10 shareholders or less) or a real estate syndication, then
please state the state of incorporation or syndication, corporate
number, date of incorporation or syndication, corporate or syn-
dicate address, and the full names and addresses of each
individual shareholder or syndicate member. Should the corpor-
ation be a publically held corporation, then state the full"name
and address of the corporation, the'place of its incorporation,
number of shareholders, and the name and address of the officers
of the corporation.
Should you feel that additional information, needs to be provided
in order to provide a full disclosure, please include it. '
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If after the information you have submitted has been rev~ewed, ~t is determ~ned
.Lrat further information i4lrequiredl you will be so advlIIf-
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APPLICANT: J;frl!CL?~ ~ /. i!.I:.J P/?'R-.-r.y ~':;~/trre-s9' . ..
Name (~nd~v~dual, partnershlop,. Jo~nt venture, corporat~on. syndJ.cat~on)
AGENT:
HE:HBERS:
;flVCJ B~')L cg 0 "2-~ P rl:.J\J·C t-I 0 ~,..j T~f7e-LA-" 9 2/8 ~. 7
Business Address
Business Addr~s~
. ~'<6 ~:. t:fl y-l'~'
Telephone Number·
llame '(inq,ividual, partner, joint,
venture, corporation, syndication)
Bu'siness Address
Telephone Number
3~siness Address
Telephone Number
Home ~.ddress
~elephone Number
Home Address
~elep~ne ~iurilber
.-.
(Attach more sheets if necessary)
....
I/t'le decla.::'e under penalty 'of perjury that the information contained in this dis-
closure is true and correct and. that it will remain true and correct and may be"
relied upon as being true and correct until a~ended.
Applicant
BY ____ ~ __ ~ __ ~ __ --~ __ ~~--~------------Agent, O;':ner, Par~n~r'
• •
STATEMENT OF AGREEMENT
TENTATIVE SUBDIVISION MAP
CITY OF CARLSBAD
The Subdivision Map Act and the Carlsbad Municipal ,Code sets a
fifty (50) day time restriction on Planning Commission processing
of Tentative Maps and a thirty (30) day time limit for City
Council action. These time limits can only be extended by the
mutual concurrence of the applicant and the City. By accepting
applications for Tentative Maps concurrently with applications
for other approvals which are prerequisites to the map; i .·e. ,
Environmental Ass~ssment, Environmental Impact Report, Condominium
Plan, Planned Unit Development, etc., the fifty (50) day time
limits and the thirty (30) day time limits are often exceeded.
If you wish to have your application processed concurrently,
this agreement must be signed by the applicant or his agent. If
you choose not to sign the statement, the City will not accept
your application for the Tentative Map until all prior necessary
entitlements have been processed and approved.' .
The undersigned understands that the processing time required by
the City may exceed the time limits, therefore the Undersigned
'agrees to extend the time limits for Planning Commission and
City Council action and fully concurs with any extensions of
time up to one year from the date the application was accepted
as complete to properly review all of the applications.
Signature .
Name (Print)
FORM: PLANNING 37, ~EVISED 3/80
Date
Relationship to Application
(Property Owner-Agent)
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1114895 -D9
TITlE ORDER NO ••....•.••.....•.•....••.••. ::: .••..
./ RECoftD1N~WR£QUEsltfi:J.Bf·Qn ................ .
TlCOR TITLE INSURANCE COMPM-lV
AFTER RECORDING MAIL TO
.. .. !::.~~.I?~ ... ~':.<??.::~.~.Y.. .. ~~.~.~.~.~~.~:.~ ... f!.~ ........ .
4 \.Jest Fourth St 0 Ste 405
San Hateo, CA 94402
SPACE ABOVE FOR RECORDER'S USE ONLY
Grant Deed 204-062-04
A. P. N.
The undersigned grantor(s) declare(s):
Documentary transfer tax is $-""3""8""5'-10'-'°..,,°"--______ _
( ) computed or1 full value of property conveyed, or
( ),j computed on full value less value of liens and encumbrapces remaining at time of sale.
( ) Unincorporated area: ( ~) City of (J.{L_t. ·c..",....{ ......... d ,and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged.
SUN PAC WEST, a partnership
hereby GRANT(S) to
INCOME PROPERTY ASSOCIATES #8,a Gene~al Partnership
. the f~IIowing de~cribed real property in the
County of San Diego , State of Cali fornia:
Tract 222 of THUM LANDS, in the City of Carlsbad, County of San Diego,
according to Map thereof No. 1681, filed in the Office of the County
Recorder of San Diego County, December 9, 1915.
Dated_"'--_O_c_t_o_b_e_r __ l_2...:.,_1_9_8_3 _______ _
• STATE OF CALIFORNIA ~ __________ , 55. COUNTY OF
On ______________ before me. the under·
signed, a Notary Public in and for said County and State, personally
appeared
_________________ , known to me
to be the person __ whose name ___ subscrihed to the within
instrument and acknowledged that . executed the same.
Name (Typed or Printed)
Notary Public in and for said County and State
MAIL TAX
,,'1'.\ '1'J;'1'I,1J;'NTC;; '1'(\ arldrf~ss shown above
•
By:
By:
Louis F 0 Ora bona-
FOR NOTARY SEAL OR STAMP
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101 .I L ~ III
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00630
. (7 -·82)
,lip)
,TE OF CALIFORNIA
,)uNTY OF Los Angeles } SS.
~ TiTlE INSURANCE , AND TRUST
A nCQR COMPANY
On October 21, 1983
saId State. personally appeared
before me, the undersigned, a Notary Public in and for
Lo u is F. Or abo na ",':"k*-;':";':"k ... ':"·/:",':*",':,,,'(";':-;':"i':"":";':"":a.,':";,~-k -;':-;':';':***,':-;': ..... :-..: ,,;':-..':
, pli~Kfu~'XOOfu,{fu,{XX me or
proved to me on the basis of satisfactory evidence to be
the person .JL who executed the within instrument :l:s
one of ·the partners of the partnership
that executed the within instrument, and acknowledged
to me that such partnership executed the same.
WITNESS my hand and official seal.
OFFICIAl. S[AL
JENNIFEH S. TRUJILLO I i ._'-I . I~~ I (This area for official notarial ~al)
I I -----' ______________________________________________________________________________________ _
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101 .I L ~ III
CAT. NO. NN00630
TO 1946 CA (7-82)
(Partnership)
STATE OF CALIFORNIA
(' /' . I' COUNTY OF >9' 11 I .... , e y /1 ,-;; ;'-f.T ' 1 " } ss.
IJ TITle INSURANce' AND TRUST
A llCOR COMPANY
On 0 (' -f-cJ b f? ,r a / ! C «-3 before me, the undersigned, a Notary Public in and for
said State, personally appeared ____ r:.:..-..,..:...>.~lw,/'::....~(";:.......;i2:;::..!;;::G!-b!;;.;. -L..I....;'E:..~;F-r ______________________________ _
, ~ally KCOW!l=:£O-me-9f
proved to me on the basis of satisfactory evidence to be
the person who executed the within instrument as o .r; P . of the partners of the partnership
that executed the within instrument, and acknowledged
to me that such partnership executed the same.
WITNESS my hand and official seal.
;;>.L~ c:,' )., .. ·"/1 I ~ I / . . Signature '" ~t-.-_ /-;t-"", ,U.:. .. f-... {£ :1.~ ;
{J
(This area for official notarial ~al)
::-\..-.AT. NO. NN00630
• "0 1946 CA (7-82)
J
... , (Partnership)
. STATE OF CALIFORNIA
COUNTY OF LOS ANGFJ,ES } SS. ,
fiiJ TITlE IN:;URANce ANDTRtJST
A nCOR COM~NY
t On CCI'BOER 20, 1983 before me, the undersigned, a Notary Public in and for
101 I: 101 :z:
III i! ~ III
I
said State, personally appeared __________ ..:T:.:ONY::::.!.=-.!.:RE~GAN~;.!._. ________________ _
, personally known to me or
proved to me on the basis of satisfactory evidence to be
the person _ who executed the within instrument as
ODP of the partners of the partnership
that executed the within instrument, and acknowledged
to me that such partnership executed the same. ,
WITNESS ~nd and official seal~' ~ 1 _7-/
Signature _!·l/_C(fA--Ll... t.'--r.~<fl.
(This area for official notarial ~al)
-------:=~::::.:::::===;:::::::--=== ... ---------... ----_.----------,
~0630 .,.~j'u1ri' ...... ; -aq-o-, 5"'4"'0"" A ( 1-82)
(Partnership) fiiJ TITlE INSURANCe AND TRUST
A nCOA COMPANY STATE OF CALIFORNIA }
~ '. COUNTY OF LOS ANGELES SS. ~ t' On OC!'BOER 20, 1983 bdo" mo. ,h, undmi,n,d. a No,"", Publio in and fo,
1; ~ said State, personally appeared _______ --.:;,J.::O~HN~.::JUITN.:;:.!;.~.=:ER~ ____________ __
III x
III [
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---,--__ ' ______ , personally' known to me or
proved to me on the basis of satisfactory evidence to be
the person"_ who executed the within instrument as
one of the partners of the partnership
that executed the within instrument, and acknowledged
l to me that such partnership executed the same.
WITNESS ~ and offic~al seal. 'CZJ 1
"
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
)
CITY OF CARLSBAD )
1200 Elm Avenue )
Carlsbad, California 92008 )
Space above this line for Recorder's use
Documentary transfer tax: $ No fee
)td;' ~
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. d.. 0 yr-13 2. -.2 b
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entere4 into this -Li-day of JltC/
by an d bet wee n
/.1\) DJ I Dy1..L Name of Developer
/.tI!1 0.. is; g-.g~ U Y /A.) D I til 0";;4. L-
a tty; "'r~g7tFT8 $# 9iJl ;661;16 g,"'S!ltJlereinafter referred ·to as
Corporat~on, partnersh~p, etc.
"Developer" whose address is / ~
-t S IS A.:J -c:;:--r 14:' B I L e-(C' 11.4t' L--A--MIN 0 .~ '" C (Street) ~ .,4---AJ LJ I e-6 0 I 6:' ~ ':l--/ ~ 0
(Ctity, State, Zip Code)
and IAJc d4 5 p reeD
a G GV.S;12..r4L-Pf'= f<TJ0l:!i<:'SH I F? hereinafter re ferred to as
(Corporation, etc.
"Owner" whoshaddress iSg " .;:z
P, C) l 1:5 0 X O~ J
(Street)
(City, S tat e , . Z i pC 0 d e )
AND
the CITY OF CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address ~s 1200 Elm Avenue,
Carlsbad, California, 92008.
nT.'n 1._1')_01')
RECITALS
WHEREAS, Owner is the owner of the real property described on
Exhibit "A", attached to and made a part of this agreement, and
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: -----------------
2.9 U V ITS
on said Pr~perty, which development carries the proposed name of
-r c> '"R::. ~ J-:::> e-T f5 ~. M.. L VoJ S-I~
and. is hereinafter referred to as IIDevelopment ll ; and
WHEREAS, Developer filed on the _____ day of
19 , with the City a request for
D e-'" e. ~M l iU A-JI (!J.v
hereinafter referred to as "Request"; and
WHEREAS, the Public Facilities Element of the City General Plan
requires that the City Co~ncil 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 incorporated by this reference); and
WHEREAS, Developer, Owner and City recognize the correctness of
Courtcil Policy No.· 17 dated April 2, 1982, 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
-2-
~FV 4-2-82
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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 and Owner are aware that the City cannot and will not be
able to make any such findings without financial assistance to pay
for such services and facilities; and, therefore, Developer and
Owner propose to help satisfy the General Plan as implemented by
Council Policy N~. 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 2% of the building permit
valuation of the building or structures to be constructed in the
Development pursuant to the Re~uest. 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 2%
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
-3-
REV 4-2-82
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 to City a
public facilities fee in the ~um of $1,150 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
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 ahall 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
developm~nt will not be consistent with the General Plan and any
a pp r 0 valor per mit for the D eve lop men t s hall b e v 0 i d . No b u i I d in g 0 r
other constr~ction permit or entitlement for use shall be issued
until the public facilities fee required by this agreement is paid.
-4-
•
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 and Owner 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
Requests made by Developer are not approved.
7. Any notice from one party to the other shall be in writing,
and shall be dated and signed by the party giving such notice or by a
duly authorized representative of such party. Any such notice shall
not be effective for any purpose whatsoever unless served in one of
the following manners:
7.1 If notice is given to the City 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 fieveloper at the
address as may have been designated, postage prepaid and certified.
-5-
REV 4-2-82
•
~. This agreement shall be binding upon and shall inur~ to the
benefit of, and shall apply to, the respectiv~ successors and assigns
of Developer, Owner and the City, and references to Developer, Owner
or City herein shall be deemed to be reference to .and include their
respective successors and assigns without specific mention of such
successors and assigns. If Developer should cease to have any
interest in the Property, all obligations of Developer hereunder
shall terminate; provided, however, that any successor of Developer's
interest in the property shall have first assumed in writing the
Developer's obligations heraunder.
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 Ownerts 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 on the Property. When the obligations of this
agreement have been satisfied, City shall record a release.
III
·111·
III
III
-6-
I I I
IN WITNESS WHEREOF,
Ca lifornia as of County,
OWNER:
PROPERTY
(Signature )
(Name)
CAT. NO. NN00630
TO 1946 CA (7-82)
•
this agreement is executed in San Diego
the date first written above.
By ______ --------------------
TITLE
t (Partnership)
\ STATE OF CALIFORNIA
~Tn\SINSURANce AND TRUST icipal
A1lCOR COMPANY
~ COUNTY OF San Diego
t
FT·20
On December 14, 1983 before me, the undersigned, a Notary Public in and for
said State, personally appeared _....;M;.;;;.;;~· .;::c.::h;;;;a;.:;e;.:;l~J;....:......;D:;.u.:;:.;:.r.:.;k;.;:i;:;n=__ __________________ _
, personally known to me or
proved to me on the basis of satisfactory evidence to be
the person __ who executed the within instrument ~s
one of the partners of the partnershIp
that executed the within instrument, and acknowledged
to me that such partnership executed the same.
WITNES: my hond _ond offid,l,,01. C· )
Si ... 4wwK~~~
I ndividual ACKnowledgment
COUNTY OF San Di ego ss.
(This area for official notarial seal)
__ W'TY"\T ('\ n 'C' 0 ~n~ OQNF.R must be
STATE OF CALIFORNIA }
On this 13th day of December , in the year 19~, before me, the undersigned, a Notary Public in
and for said County and State, personally appeared*****Benj am; n S ta b; 1 e*****
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person_
; S he whose name subscribed to this instrument and acknowledged that executed it.
Notary Seal -'-'--------,
WITNESS my hand and official seal.
Notary Public in and for said County and State
, .. •
EXHIBIT "A"
LEGAL DESCRIPTION
Tract -222 of THUM LANDS, in the City of Carl sbad, County of San Di ego, accor-
ding to Map thereof No. 1681, filed in the Office of the County Recorder of
San Diego County, December 9, 1915 •
. '
"'
. .
POOR
QUALITY
ORIGINAL (S)
, ".
, I
f ~'" • ill' .. '''''..,:I'l10 ::I l"".~:;P< ~,,. ... 9}i~--r;::::!!'k,.~ '-'~-~""~""iI')'."", ..-" .... ""...,_,."~....",..,....,_0_~)ii!,_w wr.""'''"".,:;o;:*_'''''' ..... *'",...,','''''''''''''''',w:;;;r...,.,.,..~~ ......... ~'''''':l
_ ADDRESS
CITY OF CARLSBAD
1200 ELM AVENUE • CARLSBAD, CALIFORNIA ~.!008
(714) 438-5551
A/c. NO. DESCRIPTION
r-~ \ f\ r-Ix..
AMOUNT
(00 --
TOTAL (,~s .-
':4
'-'---~------._-----------------'-------------~
CASE NO. : r' eD -S'-DA'IE RECEIVED: __ /_:t-=-/t_I't~/,---g--=3 ___ _
APPU=:~~~.
REQUEST: ;?9~~ ~. ~V-tJ~
ENVIRONMENTAL
EXEMPrr OR EXCEP'IED:
-----------~-----------
Posted: Published: ----------------Prior Compliance: -----------------
Filed: Filed: ----------------
NEGATIVE DEClARATION: ----------------------
Posted: Published: Notice of Detennination: -------------------------
ENVIRONMENTAL IMPACT REPORT: Notice of ---------:cN=-o-:-'ti..-· c""""e-o-f-::-
Preparation: . I d -f q -~3 Comp1etion: ____ _
PLANNING COMMISSION
1. Date of Hearing: 1.0 ') /8'1 ~=¥,----~-------------
2. Publication: ------------------------
3. Notice to Property CMners : ______ _
Notice of
Dete:rmination:
-----
-----
4. Resolution No. ' J.. ? S ~ , -----~~-------------Date: ' 20 )./?f ' ACTION: ~V'e..,
(Continued to: ___________________ _
5. Appeal:
---~---------------------
CITY COUNCIL
1. Date of Hearing:_' ______________ _
2. Notices 'to City Clerk: ' ------------
3. Agenda Bill : __ ' _' ________ ' _' '_'_' _' _' '_' _' __
4. Resolution No. ' , , ,
-------------~---
Da,te: " ,"', ACTION: -----,
5. Ordinance No ~ , Date: ' , , ------------------------------
CORRESPONDENCE
Staff Report to Applicant:' __ ' _' _'_'_' _' _' '_'_' _' _' '_'_' _' _' _
Resolution to Applicant:' , '. ---~--------------