HomeMy WebLinkAboutPCD 59; KAP DEVELOPMENT; Planning Commission Determination (PCD)i
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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: -~-------~-