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HomeMy WebLinkAboutPCD 59; KAP DEVELOPMENT; Planning Commission Determination (PCD)i j J PLANN.I·NG A PLICATION DISCRETIONARY ACTIONS REQUEST O:Zone Change . o General Plan Amendment [JTentatiy~ Tract Map o Major Planned Unit Developnent DMaster Plan OMajor RErlevelopment Permit o Minor Redevelopment Permit [JPrecise Development Plan (check other boxes if appropriate) aspecific Plan []Site Development Plan aCohdi tional Ul:?e Permit DVatiance ~l~in; Ccmnission Determination OSpecial Use Permit [JStructure Relocation t)Maj6r Condominium Permit R..PM Acreage • .91..'1..... .... c.~e$" , , • • I. SPECIFIC REQUIREMENTS General Plan. Amendment/Zone Change 1. Application Form 2. General Requirement Items F-P 3. Reproducible 1:500 scale map of subject property showing requested zoning and surrounding zoning and land uses. 4. Fee: General Plan Amendment $765.00 + $5.00 per lot or acre, whichever is higher. Zone Change: $655.00 Master Plan/Specific Plan 1. Application Form 2. General Requirement Items: -fourteen (14) copies of items B-D -items E-P 3. Fee: Master Plan $1,635 + $5.00 per/acre Specific Plan $1,090.00 Master Plan Amendment: Major $545.00 + 5.00 acre Minor $185.00 + 2.00 acre Amendment: Major $440.00 Specific Plan Minor $ 75.00 Tentative Tract Map 1. Application Form 2. General Requirement Items fourteen (14) copies of items A items E-Q 3. Fee: $530.00 (1-25 lots or units) $765.00 (26-100 lots or units) $1,310 (100 + lots or units) Revision: $330.00 (1-25 units or lots) $545.00 (26-100 units or lots) $765.00 (100+ units or lots) $150.00 Revision that does not change design of subdivision Major Planned Development (5 or more units) 1. Application Form 2. General Requirement Items: fourteen (14) copies of items B-D items E-P 3. Conversion to Condominiu~s -list of names and addresses of all tenants of the project, proof of notification of the tenants 60 days prior to filing tentative map. • • Pla~hing Co@mi.sibn-D~termination 1. Application Fo:r;m 2. One page statement precis~ly indicating the 3. 4. 5. determination req~est. General ReqUirement Items= fourteen. (14) copi~s Qf items B-O (if applicable} items F-J, N, P General Requ.irement Items for Density Determination: fourteen (14) ~opies items B-D -i~M-P Fee>:~ Major and Minor R,ed'evelopment }?~rtnits 1. Application Form' 2. General Requirement Items: Major: fourteen (14) copies of Item B-D items E~N and material samples (if applicable) Minor: fourteen (14) copies of items B-D (if applicable) items E-F, H-N and material samples (if applicable) 3. Fe'e.' (Nbt es tabl i s'hed except where other permi t is necessa'ry) • Structure ~elocation 1. Application Form 2. General Requirement Items -fourteen (14) copies of Band D -item,s E, F, H , I, J, N inspection notice from the Building Department 3. Fe~: $120.00 NOTE; INCOMPLETE SUBMITTALS WILL PREVENT OR SIGNIFICANTLY DELAY THE PROCESSING OF A PROJECT II. GENERAL REQ'UIREME·NTS A. Tentative map/ rel.iminary grading plan (24" x 36") Each te:htatl.ve map ptell.ml.nary gradl.Iig pian shall contain the following information: ( 1 ) Name and address of the owner whose property is proposed to be Subdivided and the naJTIe and address of the subdivid~r; (2) Name and address of registered civil ~ngineer, licensed surveyor, landscape architect or land planner . who prepared th~ maps; (3) North point; (4) Scale; vicinity map; . - Site 1 • 2. 3 • Residential Condominiums $530.00 (50 units or less) $1,090.00 (50 units or more) • $365.00 (Amendment for 50 units or less) $655.00 {Amendment for 50 units or more) $ 5.00 unit (Notification of Tenants for Condominium Conversion) Residential Planned unit Development $530.00 (50 units or less) $875.00 (51 units or more) $275.00 (Amendment for 50 units or less) $545.00 (Amendment for 50 units or more) Non Residential Condominium or Planned Unit Development $420.00 (50 or less units) $1,090.00 (50 or more units) $220.00 (Amendment for 50 or less units) $400.00 ( Amendment for 50 or more units) Development Plan Conditional Use Permit/Special Use Permit/Precise Development Plan 1. Application Form 2. General Requirement Items: fourteen (14) copies of items B-D items E-P (items M,N & a not required for Special Use Permit) 3. Fee: $420.00 Conditional Use Permit/Special Use Permit $440.00 Precise Development Plan 4. Additional information may be required by the Engineering Department for Special Use Permits Variance 1. Application Form 2. General Requirement Items: fourteen (14) copies of item Band D (if applicable) items E, F, H-L, N, P 3. Variance Supplemental Sheet 4. Fee: Single Family = $150.00 Other = $420.00 • • distances bet~een buildings and/or structures building setbacks (front, rear and sidas) location, height, and materials of walls and fences loc~tion of freestanding signs L all d~iveways to scale on adjacent and across the 'street'properties for a distance of 100 feet beyond the limits of subject site. existing curbs, gutters, sidewalks and existing paving widths within 100 feet on adjacent a.nd across the street propertie$. typical street section , .... any existing median islands ~ithin 100 feet of subject site. nearest cross streets on both sides with plus or minus distances from subject site. location of all buildings wi thin 100 feet of subj,~ct properties.. ' a vicinity map showing major cross streets a summary table indicating the following information: si te acreag:e existing zone and land use proposed land uS.e total building coverage building sq. footage percent landscaping number of parking spaces sq. foo,tage of open/recreational space (if appliqable) cubic footage of-storage spac~ (if applicable) ADDITIONAL DATA REQUIRED: UNLESS A TENTATIVE MAP IS SUBMITTED ALL DATA REQUIRED .FOR A, TEN.TATIVE MAP SHALL BE SUBMITTED ON THE SITE PLAN. eS) Preliminary Lapdscape Plan (24" x 36") shalI'include the following information: 1. Landscape zones per the City of Carlsbad Landscape Guidelines Manual 2. TypicCil plan.t species and their sizes for each planting zone , 3. An estimate of the YE;!arly amount of irrigation (supplemental) wat~r required to maintain each zone. 4. Landscape maintenance responsibility (private or common) for all areas. 5. Percent of pite used for landscaping NOTE: Building Elevations and Floor Plans* (24"x36") floor plans with square footages includ€d location and size of storage areas all buildings, structures, walls and/or fences, signs and exterior lights •. ALL EXHIBITS MUST BE FOLDED IN'A SIZE ,NOT TO EXCEED 8 ,1/2" x 11". • • (5) Date of preparation1 (6) The location, width and proposed names of all streets within the boundaries of the proposed subdivision and approximate grades thereof1 (7) Location and width of alleys; (8) Name, location and width of adjacent streets; (9) Lo~ lines and approximate dimensions and numberS-of each lot1 ( 10) Approximat.e location and width of watercourses or areas subject to inundation from floods, and location of structures, irrigation ditches and other permanent physical features1 ('11 ) Approximate contours at l' intervals for slopes less than 5%, 2' intervals for slopes between 5% and 10%, and 5' intervals for slopes over 10%. (both existing and proposed) (12) Approximate location of existing buildings and permanent structures and proposed condominium buildings; (13) Location of all major vegetation, showing size and type; (14) Le~al description of the exterior boundaries of the subdivision (approximate bearings, distances and curve data); (15) Width and location of all existing or proposed public or private easements 1 (16) Classifi~ation of lots as to intended residential, commercial, industrial or other uses; (17) Loca~ion of railroads; (18) Approximate radii of curves of streets; (19) Proposed name and city tract number of the subdivision; (20) Any proposed phasing by units1 (21) Number of units to be constructed when a condominium or community apartment project is involved. (22) Method of draining each lot1 (23) Earthwork Volumes (24) Also, proposed utilities, existing street, sewer, water, and storm drainage improvements along the subdivision frontage, including street lights and fire hydrants on both sides of the street within 300 feet of the subdivision. (25) Typical street section for all adjacent streets and streets within the project. Si te 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 service areas and points of ingress and egress off-street parking and loading areas showing location, number and typical dimensionn of spaces, and wheel stops. • • One (1) cOpy each of 8 1/2"x11 n site plan and elevations. One (1) dOpy of 8 1/2a x11" location map (suggested scale 200" -vicinity maps on the site plan are not acceptable) Environmental Impact. Assessment Form ($1T5) Public Facility Ag:reeIrlent: 2 copies: One (1)· notorized original, One {1} reproduced copy. DisclosJ"lre Statement Property Owners' List ,and Addressed Stamped Envelopes (Not needed for Site Development Plan, Special Use Permit, Planning Commission Determination and Minor Condomi,nium Permit) 1} a type~r±tten list of the names and addresses of all property owners anq occupants within a 300 foot radius of subje.ct property (including the applicant and/or owner). The list shall includ~ the San Diego County Asseasor's parcel number from the latest assessment rolls. 2} Two separate sets of legal size (#10), addressed stamped envelopes (four sets for condominium conversions) of the property owners and QccupC!.nts within a 300-foot radius of subject property. For any address other than single family reside.nce, apartment or suite number must be included. DO NOT TYP·E A$SESSOR' S PARCEL NUMB'ER ON ENVELOPES AA-D LEAVE RETURR OF ADDRESS BLANK. 3) For 'Condominium Conversions, two separate sets of addressed, stamped envelopes of all existing tenants is required. " ~300 FOOt Radius Map (Not ne'eded for Site Development Plan, Planning. Commission Determination and Special Use Permit). A map to scale not less than 1" =~OO' Showing each lot within 300 feet of the exterior boundaries of the subject property. Ea~h of these lots shall be consecutively numbered and correspond with the property owner's list. The scale of the map may be reduced to a scale acceptabl~ to the Land Use Planning Manage~ if L. the required scale is impractical. For residential projects within Vista, Encini~as or San Diegulto 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 tombirtC!.tioh of these. If the applicant prefers to dedicate land,'he shall suggest the SPecific land. For residential projects within the Carlsbad Uni£ied School District and the San Marco Unified School Distric,t, the a.pplicant shall submit written confirmation that school facilities will be available and serve the project at time of heed. . Preliminary Title Report (current within the last six months) , N. Proof of sewer availability if located in the.Leucadia County Water District. o. Colored Site Plan and Elevation ~lan P. Statement of agreement to waive tentative tract map time limits. *NOTE: It is the Applicant's responsibility to bring one copy of a colored site plan and one copy of a colored elevation to the Land Use Planning Office by Noon the d~YiOf the Planning Commission meeting. '1(~ <I/t1(<t'i F • APPLICANT DISCLOSURE FORM In order to assist the members of the Planning Commission and City Coun~il 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 information required by this disclosure 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 state the full name, address and phone number of each person or individual (including trusts) who own any beneficial interest in the property which is the .subject of this application. Should one or more 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. 1) 2} 3) 'JPPLE."'iENI'AL INFORMATION FORl1 • Gross Acres (or sqoare footage, if less than acre) ----------------------- ZOne' _________ ~--------------------------~----------------------~ General Pla~ Land Use Designation ________ ~~ __ ~--~~----~--------~- _. 4) By law a Variance may be approved cnly if certain facts are found to exist. Please read these requirements carefully and eXplain how t~ profX'sed project meets each of these facts. ~e adOiticnal sheets if necessary .. a) Explairi why theie are exceptlC%l,al or extraordinary circumstances 'or cx:nditicns applicable to t.'l'le property or to the intended use that do not apply' generally to th! ot::l"Er prtiperty o.r class' of use in 'the same-vic:inity and zate: .' " 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;i.l'lity and zooe but \.,hlcn is denied to tIE property in. questioo: c) Explain why, the g~ting of such variance \vill not be materially detrimental to the public welfare or injurious to the proparty or improvements in such vicinity arid zcne in whichtbe property is lo::!ated d) Explain why th;! gr~ting of such variance \Alill not adversely affect tie co.nprehensive general plan: ____ ~ ____ ~ ___________ ____.: _____ _ ~~:If after the info.rmat~onIDU pav~ submitted. has been re:ilw:, it is determined . t.hat further inforrnat:l.on requl.red" you wl.ll be so ad - APPLlCAN'I': AGENT: NEHBERS: J) e.. " Name '(indiiiiduai, partnership", Business Address Name Business Addres~' Telephone Number Name '(inqividual, partn, joint. ' venture, corporation, syndicat~6n) I . 0 . R;. • 'L \ tB ~. f. F. Business Address I 3'.lsiness Address Telephone Number cor ration, syndication) '0' Telephone Number Ho~e Address Telepb?ne ~iW';lber \ (Attach ,more sheets if necessary) I/Ne decla=e under, penalty 'of perjury that the information'contained in this dis .... closure is true and correct anp that it will remain true and correct and may be' relied upon as being true and correct until amended. Applicant ttL ~ , ' BY "J.~., Agent, O;-:ne_, . r~m~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 mutuai 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 Assessment, 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, REVISED 3/80 Date Relationship to Application (Property Owner-Agent) FIDEJIII NATIONAL TITLE INSURANCE CO~ 2815 Camino Del Rio South, #250 P. O. Box 85589 Phone(619) 295-7332 & 727-1852 Phone(619) 748-4110 & 753-6321 ./an Diego, California CALIFORNIA FIRST BANK 200 liD" Street Encinitas, California Attention: Lou 92138 PRELIMINARY TITLE REPORT Your No. 21-2941 Our Number 832017-B Date: April 20, 1983 In response to the above referenced application for a policy of Title Insurance, FIDELITY NATIONAL TITLE INSURANCE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a California Land Title Association Standard coverage form Policy of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not sho~ or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Cond~tions and Stipulations of said policy form. This report (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder Commitment should be requested. Dated as of April 18, 1983 at 7:30 A. M. FIDELITY NATIONAL TITLE INSURANCE COMPANY JACK BREBNER atk-9 The estate or inte:rest in the land hereinafter described or referred to covered by this Report is: A FEE Title to said estate or interest at the date hereof is vested in: SEE ATTACHED PAGE NOTE: It is our understanding that title to said estate. or interest in said policy is to be vested in: The land referred to in this report is described as follows: Lots 7 through 12, inclusive, in Block 13 of SUNNY SLOPE TRACT, in the City of Carlsbad , County of San Diego, State of California, according to Map thereof No. 486, filed in the Office of the County Recorder of San Diego County,. February 7, 1888; EXCEPTING therefrom the Westerly 31.50 teet. At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as shown in Page 2, et. seq. attached hereto. • • VESTING • <'tIe to said estate or interest at the date hereof is vested in: HERMELINDA C. AGUIRRE, a married woman, as her sole and separate property, subject to the effect of a Declaration of Homestead, executed by HERMELINDA C. AGUIRRE, a married woman, recorded November 13, 1980 as File No. 80-382299 of Official Records. ORDER NO. 832017-B 4/20/83 atk CONTINUED: , 832017-B and special taxes, a lien not yet payable, for the fiscal year A Deed of Trust to secure an indebtedness of $19,920.00, recorded August 1975 as File No. 75-227737 of Official Records. Dated: Trustor: Trustee: Beneficiary: August 7, 1975 JOSE G. AGUIRRE, a married man, as his sole and separate property LJF CORPORATION, a California corporation LA JOLLA FEDERAL SAVINGS AND LOAN ASSOCIATION, a corporation The amount due, terms and conditions of said indebtedness should be determined by contacting the owner of the debt. 3. A Deed of Trust to secure an indebtedness of $20,000.00, recorded February 8, 1980 as File No. 80-046742 of Official Records. Dated: Trustor: Trustee: Beneficiary: February 1, 1980 HERMELINDA C. AGUIRRE, a married woman EQUITABLE DEED COMPANY, a California corporation SECURITY PACIFIC NATIONAL BANK, a national banking association The amount due, terms and conditions of said indebtedness should be determined by contacting the owner of the debt. 4. NOTE: The Declaration of Homestead recorded November 13, 1980 as File/Page No. 80-382299 of Official Records, was created for the joint benefit of HERMELINDA C. AGUIRRE and her husband, JOSE G. AGUIRRE, therefore, any subsequent transactions will have to be executed by both husband and wife. 5. Matters which adversely effect the status of title to the real property herein described unless it can be determined by a Statement of Identity that these matters affect persons other than JOSE ACUIRRE, in order to complete our order. 1982-83 TAX INFORMATION: Code Area: Parcel No. 1st Installment: 2nd In$tallment: Based on Land: Improvements: Exemption: 9000 155-272-15 $109.10 PAID $109.10 PAID $19,050.00 $6,168.00 $7,000.00 NOTE: SHORT TERM RATE DOES NOT APPLY. ---..-- 'I ! "': --.-" , • RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) ) CITY OF CARLSBAD ) 1200 Elm Aven~e ) Carlsbad, California 92008 ) '. Space above this line for Rscorder's use Documentary transfer tax: $ No fee 'hJ~ Signature of declarant determining tax-firm name City of Carlsbad P arc e I N 0 • __ ...:../_.5_J_~_--:;J;......(7_2=-( _-..,.:./....i.1' _____ _ AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE TIUS AGREEMENT is entered into this 19 day of July , 1983 ------ by and between K A P Development Corporation (Name of Developer) a A California Corporation , hereinafter referred to as (Corporation, partnership, etc.) "Developer" whose address is _ Post Office Box 2148, {Streed Rancho Santa Fe, California 92067 (.C i t y, S tat e , Zip Cod e ) and Hermelinda C. Aguirre, a married woman as her sole and separate property (Name of Legal Owner) a , hereinafter referred to as (Corporation, etc.) "Owrter" whose address is :25-24 nmri.s St. (Street) Carlsba-d, Califronia 92008 (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 Elm Avenue, Carlsbad, California, 92008. • • RECITALS WHEREAS, Owner is the owner of the real property described on Exhibit "A", attached to and made a part of this agree'ment, and hereinafter referred to as "Property"; and WHEREAS, th~ Proper~~ lies within the boundaries of City; and WHEREAS, Developer has contracted with Owner to purchase the Property and proposes a development project as follows: !J ~1·t-----------~~--- on said Property, which development carries the proposed name of III \ and is hereinafter referr,ed to as "Development"; and WHEREAS, Developer filed on the day of ----- 19 ___ , with the City a request for 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 incorporated by this reference); and WHEREAS, Developer, Owner and City recognize the correctness of Council 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- REV 4-2-82 • 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 pro~osed; but the D'eveloper and Ow·ner. are' aware that the Cit'y 'cannot' and will not be able to m.ake-a·.ny s·uch finding.s wit.hout f-inancial a.s·si.stance to pay for sttch &ervi~es and facilities; and, therefore, Developer and Owner propose to help sat.isfy· the. Genera.l Plan as' i.m,plemented by Council Policy No. 17 by paym.en·t of a public fa.cilit.ies fee. NOW, THEREFORE', in: c:onsider:a:-tion of the. recitals and' the' covenants conta.in~d herein. the parties agree as follows: 1. The D~veloper and Owner' shall pay.to the City a .publie facilities fee in an amount not to exceed 2% ~f the building permit v-a'lilationo-f the' buiLdin:g-or stru~c.tu:r-es to--b·e. cort.stru-c-te.d in. the The fee shall be paid p~ior to thee issuance iff' building or ot-h_er ~o·nstruc·tion p.e:rmit:s for the de·ve Lop:m~e.n t· an-d s'ha 11 . b-e bas ed on. the. va lu a"t ion at t.h a t-time. Th 1,S :f-e.e s'hall be in additio'n t.O· any' fees, d.e_dic,ations: or: improvem~nts req-uired p'ursuant to Tit·.le's l8, 20 or 21 of the Carls:bad MU'nieipal Code. Developer and Owner shall pay a fee for conversion of existing building or structures into condominiums in an amDunt not to exceed 2% of the building permit valuation at the time of conversion. The fee f o'r a c· 0 n d 0 m:i n i u m c 0 n;v e r-s'io'n s h a 11 b e_ p aid p rio r t o. the i s sou _a n ceo f a condom·i.niu.m con:version permit a.s p.r-ovided in C.hapter 21.47 of the Ca,r-I!3bad Mun-icipal Code. Cond.om-inium shall includ·ee co:mm.un.ity s·psrtm.ent or sto'ck co;operative. Th e: t e rrrrs-If 0 t.h ere 0 n-s.t:ru c t. io-n permi-t·s_", "o,ther co~ns.tTu;ct:.i9n pex-mit" and Il ent itlement for use~t as· us~ed in-tn.is ag-reeme-n-t, e'xc-ep-t in r·efe·re·nce-t-o mobilehome sites or· -3- REV 4-2-82: ·, ' . , tt" projectq, shall not refer to grading permits or other permits for the cobstruction of undergroun~ or street improvements unless no other permit is necessary pricir to the use or occupancy for whieh the development ig intended. Developer and Owner shall pay to City a p'u b I i c f a e i r i tie s fee in t:h e s u.m 0 f $ 1 , 1.5 0 for e a c h mobile.h 0 m e spa e e to be constructed pursuant to the Request. ~he fee shall be paid prior to the issuanc.e of. building' or other co'nstruction permits for T~is fee shall be in addition to any fees, dedications or. improvemen'ts required according to Titles 18,20 or 21 of the Carlsbad Municipal ··Code. 2. The Developer arid Owner ~ay offer to donate a site or sites for public facilities in lieu of all or part of the financial ob:.l iga t ion ag,re'e·d up o,n i IT Para gr a ph 1 above. If DeV'eloper and Owne.r o'f fer s t 0 don a,t· e: a sit e o:r site,s for' p u.b 1 i.c fa c i I it. i e's ,_ the Cit y s h alI can sid e r, but· i.s n o-t obI ig ate d to ace e p t th e 0 f £.-er . Th e· time for donation aini am:ount of: credit .ag:ains·t the fe·e shalL be determined by City prio-r to the issuane-e of any buiLding or ot'her_ permits. Such determination, when made, shall beco~e a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlshad Municipal Code. '~. This agreement and the fee paid pursuant hereto are required to ensure t:he consistency 0.£ ·the De.velopment with tke City's General Plan. If the fee is not paid as provided here~n, the·City will not hs:ve the funds to pro·vid.e public fa·cilities an:d s'ervices, and. the dev'eLopment will not. be consistent with the, Ge:ner.al Pla.n a.nd any appr.oval or pe:-r:mit. f:oI t,he D:evelop·m'ent· sh.aLL be' v·oid.. No building or other construction permit or entitlement For use shall be issued until the public facilities fee required'by this agreement is pai~. -,4-, ..... ~ ..... -... -...-.-~, .... --... ~-------.----.--------------------------------- , " 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 the City, and references to Developer, Owner or City herein shall be d~emed to be reference to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder ~ . shall terminate; provided, however, that any successor of. Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. At such time as Owner ceases to have any interest in the Property, all obligations of Owner hereunder shall terminate; provided, however, that if any successor to the Owner's interest in the Property is a stranger to this agreement, such successor has first assumed the obligations of owner in writing in a form acceptable to City. 9. This agreement shall be recorded but shall not create a lien or security interest on the Property. When the obligations of this agreement have been satisfied, City shall record a release. III III III III -6- -~n h.-2-82 • 0 • 4. City agrees t~ deposit the fees paid ~ursuant to this agreem~nt iQ a public facilities fund f~r the financing of public facilities when the City Council determines the need exists to provid.e the facilities .a,nd suffic'ie'nt funds :trom the payment of this and s i.milar public fac iIi ties f e,es are avai lab I.e. 5 • Cit Y a g r ee s top r 0 v ide upon r e que s t rea son a',b I e ass u ran c est 0 enable Develope.r and Owner to c'omply with any requirements of other pub:lic ag'encies as evidence of ade·quate public faci.lities-and services s:u£ficie'nt:. to acco'mmo'date the needs of the Developmen't herein described. 6. All obligAtions her~under shall terminate in the event the Requests made by Developer are not approved. 7. Any not ice from one party to the othe:·r shall be in writ ing, and'. sh.al1-b.e dat.ed an·d signed by the pa:rty givi.ng such' notic.e or by a d u 1y aut h 0 r i z.e d rep res e nt a t: i ve 0 f such par t y • Any B~ch notice sh~ll not be effect:ive for any p'urpose-whatsoe-ve,r unle,ss serve,d in one of the fo.llow:i:.ng martners: 1'.1 11: notice is. g~ven-to· the Cit·y o.f p:ers·on-al delivery th~re~f 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 Mana ge r, po st ag,e pre pa i d' a.nd c e rt i.fied. 1'.2 tf notice 1S-given to Developer by personal delivery thereof to Deve.loper or by de'positing the same in the United States Mail, encLos'ed i.n-a sealed envelo'pe, addres·sed too Developer a:t the ad'dress as t1ray have· been de;signa,te':d, p'ost.age, p.re.pa'id and certi.fied. -5- REV 4-2-82 I ': I,J I}. STATE OF CALIFORNIA, ~ San Diego ss. COUNTY OF· ______________ _ OFFICIAL SEAL MARY MELIDEO '1 NOTARY PUBLIC -CAliFORNIA ~ SAN DIEGO COUNTY !', ~~~~~ ON Aug. 6, 1983 ,19~, before me, i'the undersigned, a Notary public in and for said State, personally appeared Herme'linda C. Aquirre _______________________ , known to me, to be the person_ whose name_ j s subscribed to the within Instrument, ·"-!lili1TIllJtr.arrd:taGkfi'Owledged to me that -s-he_ executed the same. WITNESS my hand and official seal. i ACKNOWlEDGMENT-General-Wolcotts Form 233-Rev. 3-64 A SUBSIDIARY OF AMERICAN STATIONERY PRODUcTS CORP, If STATE OF CALIFORNIA l Q J SS. COUNTY OF vo..n D le~() , On this the~ day of ~ 19~ before C\J co CII <be. . m > .... Q) en ~ c o ~ o e-O () ~ (.) « °CII 'e.. "<t.m I'-.... "(en rn V· me, the undersigned NotarY PUblit in an,q for said County and State personally appeared MIRe 4f"re ( , proved to me on the basis of satisfactory evidence to be the ----- President, and-========::===::====::::::======---- proved to me on the basis of satisfactory evidence to be .:::=:::::::===- Secretary of the corporation that executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of iff boar~ of directors. c- Signature ~ t-Yl Q1J1a.t.- m SAFECO FOR NOTARY SEAL OR STAMP OFFICIAL SEAL BARBARA McCLELLAN NOTARY PUBLlC·CALlFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commissio.n Expires Oec. 27, 1985 IN WITNESS WHEREOF, this agreement is exe~uted in San niego County, California as of the date first written above. OWNER: ,ATTEST: ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney DEVELOPER: BY_--£-rU-=-.' A---::;.~~V-__ TITLE QY~; L.J ... f ----~--~--~--------------- BY -------------------------------- TITLE ----------------------------- CITY OF CARLSBAD, a municipal corporation of the State of California BY --~~--------------------------City Manager (Notarial acknowledgement of execution by DEVELOPER and OWNER must be attached.) -7- REV 4-2-82 I I ---~ lDIL m EXHIBIT "A" LEGAL DESCRIPTION Lots 7 thru 12' in Block 13 of Sunny Slope Tract, city of Carlsbad, Map # 486 filed in S.D. County on Feb. 7th, 1888. ... r't; POOR QUALITY ORIGINAL (5) , " , \ r--~-~-------"---------'------=-----~---" --. :; . CITY OF CARLSBAD -,"J 1 1200 ELM AVENUE • CARLSBAD, CALIFORNIA '!:I..;v08 438-5551 RECEivED FRO;1<..AY) . ~C) 0 1 ADDRESS A Ic. NO. C~ C· 'C p .. \ DESCRIPTION' o\-F--S\ fp c D 3~4?O TOTAL AMOUNT lrs--- { '3A'" S'AVO I .. J' • I ' loS 'II • .,~ \ , 101 '1 3 @@ ! .. • 6d';; _______ ! Cl-@ @ .. • 0: o I- Z lJ.J ~ I I "' :,1 ___ _ I @o =C\J <'<, EXEMPT OR EXCEPTED: --------------------- PoSted: ----------------Prior Ccmpliance: _______ _ Published : ___ _ Filed: ------------Filed: NE~TIVE DEX::IARATICN: ___________ _ Posted: Published: Notice of Detennination: --------------------- ENVI~ IMPACT REPORT: Notice of ----~No~ti,...' ce-o-f=--Notice of Preparation: Conpletion: ----~--------------Detennination: _____ _ 1. Date of Hearing:....,.. __________ ------ 2. Publication: ------------------ 3. Notice to Property Owners : _______ _ 4. Resolution No. ___________ _ Date: -------ACTIOO: _____ _ (Continued to: ______________ _ 5. Appeal: ---------------------- CITY COONCIL 1. Date of Hearing:_'_'_' __________ _ 2. Notices to City Clerk: ________________ _ 3. Agenda Bill: ____________ _ 4. Resolution No. -----------------Date: ' -------ACTION: ____ _ 5. Ordinance No. Date: ------------------------------ OORRESPCWENCE Staff Report to Applicant: ____________ __ Resolution to Applicant: -~-------~-