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Home My WebLink AboutPCD 60; WHALERS COVE APTS; Planning Commission Determination (PCD)-i LAND USE PLANN1NG o Zone Change o General Plan Ameridment o Tentativ..e Tract Map DISCRETI~ ACPIONS REQUEST D$pecific Plan o Major PI!W1ed unit Development [JSite Development Plan ElConditional Use Permit OVariance o Master Plan OMajor Redevelopment Permit o Minor Redevelopment Permit [JPrecise Development ~lan ' . )81Planning Canmis s ion Detennination DSpecial Use Pe~it tlStructure Relocation OMajor CondOminium Penni t (check other boxes if appropriate) lO("'~ SIGNATURE mTE • ( . ) . 4J JI'''. ",' , 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 IItems: -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 l Master Plan Amendment: Major $545.00 + 5.00 acre Minor $185.00 + 2.00 acre Specific Plan Amendment: Major $440.00 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 subdiv~sion 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 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. , t Site 1. 2. 3. • Residential Condominiums $530~00 (50 units or less) $1,090.00 (50 units or more) • $365.00 (Amendment fo'r 50 units or less) $ 655.00 '(Amendment for 50 units or more) $ 5.00 'Unit (Notification of Tenants for Condominium Conversion) Residential Planned unit Developm~nt $530.~0 (50 units or less) $875.00 (51 units or more) $'275.00 (.Amendment for 50 uni ts or less) $545.00 (Amendment for 50 units or more) Non Residential Condqminium or Planned Unit Development $420.00 (50 or less units) $1,090.00 (50 or more units) $220.00 (Amendm'ent for 50 or less units) $400.00 ( A,mendment for 50 or more units) Dev~lopment Plan Application Form General Requirement Items -fourteen (14) copies of items B-D items E-J, M-P Fee: $365.00 Conditional Use Permit/Special Use 'Perrtlit/Precise Developt:l\ent Plan 1. Application Form 2. General Requirement Items: fourteen (14) copies of items B-D items E-P (items M,N & 0 not required for Special Use Permit) 3. Fee: $420.nO Conditional Use Permit/Special Use Permit $440.00 Precise Development Plan 4'. Addi tional information may be reqUired by the Engineering Department for Special Use Permits Variance 1. ApRlication 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 'amily = $150.00 . Other = $420.00 • • Planning Commission Determination 1. Application Form 2. One page statement precisely indicating the determination request. 3. General Requirement Items: fourteen (14) copies of items B-D (if applicable) items F-J, N, P 4. General Requirement Items for Density Determination: fourteen (14) copies items B-D items E-J, M-P 5. Fee: $330.00 Major and Minor Redevelopment Permits 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. Fee. (Not established except where other permit is necessary) • Structure Relocation 1. Application Form 2. General Requirement Items fourteen (14) copies of Band D items E, F, H, I, J, N inspection notice from the Building Department 3. Fee: $120.00 NOTE: INCOMPLETE SUBMITTALS WILL PREVENT OR SIGNIFICANTLY DELAY THE PROCESSING OF A PROJECT II. GENERAL REQUIREMENTS A. Tentative rna / reliminary radin Ian (24" x 36") Each tentatlve map prellmlnary gradlng plan shall contain the following information: (1) Name and address of the owner whose property is proposed to be subdivided and the name and address of the subdivider; (2) Name and address of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the maps; (3) North point; (4) Scale; vicinity map; • (5) Date of preparation; (6) The location, width and proposed names of all streets within the boundaries of the proposed subdivision and approximate grades thereof; (7) Location and width of alleys; (8) Name, location and width of adjacent streets; (9) Lot lines and approximate dimensions and numbers-of each lot; (10) Approximate location and width of watercourses or areas subject to inundation from floods, and location of structures, irrigation ditches and other permanent physical features; (11) Approximat~ contours at l' intervals for slopes less than 5%, 2' intervals for slopes between ~% 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 majo1=' vegetation" showing size and type; (14) Legal 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; (16) Classification of lots as to intended residential, commerci~l, industrial or other uses; (17) Location of railroads; (18) Approximate radii of curves of streets; (19) Proposed name and dity tract number of th~ subdivision; (20) Any proposed phasing by units; (21) Number of units to be constructed when a condominium or community apartment project is involved. (22) Method of draining each lot; (23) 'Earthwork Volumes (24) Also, proposed utilities, existing s.tre'et, 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 aqjacent streets and streets within the project. B. Site Pl~n: Shall inciude the following information: tt't:-...,., 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 stop~. • ~\) h\~ . .. / ~ -d~stances between bu~ld~ngs and or ~ -building setbacks (front, rear and ~-location, height, and materials of -lueatioR ef £reestanrliR~ signs ,. structures sides) walls and fences ~\.. all d-rive.ways 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 and across 'A'_ the street properties. r_ \5\ ee..\ n\ 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 properties. ~~ 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 landscaping number of parking spaces sq. footage of open/recreational space (if applicable) cubic footage of storage space (if applicable) ADDITIONAL DATA REQUIRED: UNLESS A TENTATIVE MAP IS SUBMITTED ALL DATA REQUIRED FOR ~ TENTATIVE MAP SHALL BE SUBMITTED ON THE SITE PLAN. '\~. Preliminary Landscape Plan (24" x 36") shall include the following information: 1. Landscape zones per the City of Carlsbad Landscape Guidelines Manual 2. Typical plant species and their sizes for each p~,ng zone ~~ 3. An, estimate of the yearly amount of irrigation ,(sup mental) water required to maintain each zone. ~. Landscape maintenance responsibility (private or common) for all areas. 5. Percent of site used for landscaping D.)Q Building Elevations and Floor Plans* (24IX36") ~ -floor plans with square footages included location and size of storage areas all buildings, structures, walls and/or fences, signs and exterior lights. NOTE: ALL EXHIBITS MUST BE FOLDED IN A SIZE NOT TO EXCEED 8 1/2" x 11". ~~ -• • E. One (1) copy each' of 8 1/2" x 11 n si te plan and elevations. F.~' One (1) copy o,f 8 1/2"X 1 ~ II location map (s-uggested scale t~' 200" -vicinity maps on the site plan are not acceptable) ~ G Environmental Impact Asses'sment Form ($175) ~ ~Q. Public Facility Ag.reement: 2 copies: One (1) 'notorized .~ original, One (1) reproduced copy. ~~. Disclo~~re Statement J. Property Owners' List and Addr~ssed Stamped Envelopes K. (Not needed for Site Development Plant Special Use Permit, planning Commission Determination and Minor Condominium Permi t) 1) a ,typewritten list of the names anq addresses of all property owners and occupants within a 300 foot radius ofsu'bject proper.ty (including the applicant and/or owner). The list shall include the San Diego County Assessor'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 p'rope'rty owners and occupants within a 300-foot radius of subject property. For 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 F,oot Rad.ius Map (Not needed for Site Development Plan, Planning Commis'sion Dete'i:'mination and Special Use 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 property 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 ~s impractical. For residential projec-ts within Vista, Encini.tasor San Diegui to School Districts, the applican,t shall indicate whe't'h~r he prefers to dedicate land for school facil i ties, to pay a fee in lieu thereof, or do a combination of these. If the applicant prefe'rs to dedicate land, he shall sugges',t the sp~cific land. ~ ........ ~fj For residential projec1;s within the Carlsbad Unified School 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. ' Prelimina'ry Title Report, (current wi thin the last six months) .: Proof of sewer 'availability if located in the Leucadia County water District. ~ Colored Site Plan and Elevation Plan 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 t~ the Land Use Planning Office by Noon the day of the Planning Commission meeting. • • APPLICANT DISCLOSURE FORM In order to as~ist.the members of the Planning Commission 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 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 th~ name and address of each individual person who ~s 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. If aftar the inrormation.u hav7 submitted. has been reJilwed, it is determined ,t.hat further information _ requl.red, you wi2;lL ~_ so ad~ed. UJfh-\)u'T-:..-Lt~CCLU 1l~lfTt~ . ClJoMIc..~ .h·~~I"~ on.... ~c.~ \.J~bt:.. l.:)oo~\. APP~ICAN'.r: .~ Name (individual, partnership, joint venture, corporation. syndication) AGENT: NENBERS: ,S.3D AV~l~ ~C.l\o.:>~ Business Address Telephone Number tIame Business Addr~ss Name '(individual, partner, joint_ venture, corporation,syndi,cati.on) Business Address' Telephone Number 3~siness Address I ' Telephone Number Home lo.ddress . Telephon~ Number Ho~e Address Telep~ne ~~tmiber (Attach more Sheets if ,necessary) I/Ne <;1ecla=e unde!:' penalty of perjury that the information contained in this dis- closure is true and Gorrect and that it will remain true and correct and may 'be' relied upon as being true and correct unti amended. BY ________________________ ------~--~--~------ Agent, ,fr.·mer, 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 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) '. twPL&~AL INFORMATION FqRr1 • VARIANCE 1) Gross A.cres (or square footage, if less than <;lcre) ____________ ____ 2) ZCne _-....-..,..-_--:---.,.........--------------------~-------------- 3} Gen~al Pla~ Land Vse Designatian. __________ ~~--------~-------------- 4) By law a Variance may be ar:;proved cnly if certain facts are found to exist. Please read t.rese reqtJ.irements caJ::"efullyand explain how th: proposed. project meets e9-Ch oft,hese facts. U~e additicnal sheet~ if necessary. a) EXplain why tl'leie are exceptlcnal or extraordinary circtll1lSi:.ances or ca1ditioos applicable to the property or to tm intended use that do not apply' galerally to t1E ot.l"er property or class' of use in th: same vicinity and zme: . . . , b} Explain why such variance is necessary for the preservaticn and enjoyment of a substantial'pro:perty right possessed by other property in the same vici..'1ity and zcne but \V'hich is denied to the property in questicn: c) Explain why the granting of such variance ,,'iill not be materially detriniental to tre public welfare or injurious to ,the property or irnprovanentsin such vicinity and zcne in which the property is located d) Explain w'hy the granting of such variance .... rill not adversely affect the conprehensi ve general plan; ------------~----~----~--~-~~----~~~ ~--~--------~~~------------~--~--~----~-~--------- , (S:O~diti~"; and Stipulations Continued on the Ineof the Last Page of This Policy) -.... --=.=-~ .... CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1973 POLICY NO. AMOUNT CHARGE : EFFECTIVE DATE: 1. SCHEDULE A 1118798 $841,600.00 $1,667.20 MARCH 5, 1984 AT 2:29 P.M. NAME OF INSURED WALNUT-LINCOLN ASSOCIATES, A CALIFORNIA PARTNERSHIP 2. THE ESTATE DR INTEREST IN THE LAND DESCRIBED HEREIN AND WHICH IS COVERED BY THIS POLICY IS A FEE 3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: WALNUT-LINCOLN ASSOCIATES, A CALIFORNIA PARTNERSHIP SCHEDULE B THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE, NOR AGAINST COSTS, ATTORNEY'S FEES OR EXPENSES, ANY OR ALL OF WHICH ARISE BY REASON OF THE FOLLOWING. PART I ALL MATTERS SET FORTH IN PARAGRAPHS NUMBERED 1 (ONE) TO 11 (ELEVEN) INCLUSIVE ON THE INSIDE COVER SHEET OF THIS POLICY UNDER THE HEADING OF SCHEDULE" B PART I. PART II 1. GENERAL AND SPECIAL COUNTY AND CITY TAXES FOR THE FISCAL YEAR : 1984-85 A LIEN NOT YET PAYABLE. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 498, STATUTES OF 1983 OF THE STATE OF CALIFORNIA 2. COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DECLARATION OF RESTRICTIONS RECORDED MAY 26, 1926, DOCUMENT NO. 32364 IN BOOK 1180, PAGE 320 OF OFFICIAL RECORDS RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL 111R7~R PAGE 1 -I ~' • • ORIGIN ARE DELETED. WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. SAl 0 MATTER A·FFECTS: LOT 224 3. A COVENANT AND AGREEMENT EXECUTED BY WHALERS COVE IN FAVOR OF THE CITY OF CARLSBAD RECORDED : NOVEMBER 10, 1983, RECORDER'S FILE NO. 83-409400 WHICH, AMONG OTHER THINGS, PROVIDES DEVELOPER PROPOSES TO HELP SATISFY THE GENERAL PLAN A'S IMPLEMENTED BY COUNCIL POLICY NO. 17 BY PAYMENT OF A PUBLIC FACILITIES FEE. 4. A DEED OF TRUST TO SECURE AN ORIGINA~ INDEBTEDNESS OF THE AMOUNT STATED HEREIN DATED OCTOBER 27, 1983 AMOUNT $59,800.00 tRUSTOR WHALER'S COVE, A CALIFORNIA LIMITED PARTNERSHIP TRUSTEE CALIFORNIA LAND TITLE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY UNIFIED SCHOOL DISTRICT OF SAN DIEGO COUNTY, CALIFORNIA RECORDED DECEMBER 6, 1983, RECORDER'S FILE NO. 83-442552 ~11P70P PAGE 2 & ,. -.. > • • • ---.--._----------_ .. _._---..,....."."., --........ JI!!I'.tw~_· SCHEDULE C THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE STATE OF CALIFORNIA, .COUNTY OF SAN DIEGO, AND IS DE$CRIBED AS FOLLOWS: PARCEL 1: ALL THAT PORTION OF' TRACT 220 OF THUM LANDS, IN THE CITY OF CARLSBAD, ~ IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID TRACT 220; THENCE ALONG THE NORTHWESTERLY LINE OF SAID TRACT 220, BEING ALSO THE SOUTHEASTERLY LINE OF WALNUT AVENUE, NORTH 55°27'00" EAST 148.08 FEET; THENCE SOUTH 33°34'~4" EAST 200.08 FEET TO THE SOUTHERLY LINE OF SAID TRACT 220; THENCE ALONG SAID SOUTHEASTERLY LINE, SOUTH 55°27'04" WEST 148.04 FEET TO THE MOST SOUTHERLY CORNER OF SAID TRACT 220, BEING ALSO 1HE NORTHEASTERLY LINE OF LINCOLN STREET; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID TRACT 220, NORTH 34°35'02" WEST 220.08 FEET TO THE POINT OF BEGINNING. PARCEL 2: ALL THAT PORTION OF TRACT 220 AND TRACT 224 OF THUM LANDS, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN ~IEGO COUNTY, DECEMB~R 9, 1915, LYING NORTHEASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID TRACT 220; THENCE ALONG THE NORTHWESTERLY LINE OF SAID TRACT 220, BEING ALSO THE SOUTHEASTERLY LINE OF WALNUT AVENUE, NORTH 55°27'00" EAST 148.08 FEET TO THE TRUE POINT OF BEGINNING OF SAID LINE; THENCE SOUTH 34°34'14" EAST 220.08 FEET TO THE SOUTHERLY LINE OF SAID TRACT 220. -', ... ) • 'lo-.. J ,"" --\ • RgCORDING 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 tr.MtwNo fee Signature of declarant determining tax-firm name City of Carlsbad Par c e 1 N p • _J.,---O-,-+_--,-J...4-2 __ 7_-~J ...... f-:¢_I-_~~_ AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this Lday of ~ , 192i by and between ----~----------------------------------------~-----------(AMLIJU~ LI NC6JJ,j.) (name of developer-owner) a hereinafter referred to as Corporation, partnership, "Developer" whose address is 5~ 3D # ygJJIDA-FMC/Nfl: 50 street and TBE CITY OF (city, state, zip code) . CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, Californi}, 92008. WIT N E SSE T H: WHEREAS, Developer is the owner of the real property described on Exhibit "A:, attached hereto and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, The Property lies within the boundaries ol City; and WHEREAS, Developer proposes a develop~ent project as follows: .; .' -.--- REV 4-2-82 -, , , , , on said Property, which development c~rries the proposed name of and ~s hereafter referred to as "Development"; and WHEREAS, Developer filed on the 19~, with -the C~ty a request for D GQ':J::;: I?-/U / ,v rr /1 6> J 11 day Of~ . , 'P?/lA,I/&,J.q eCJ'#M/>90.~ hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated April 2, 1982, in file with the City Clerk and incorporated by this reference, and that the City's publid facilities and serV1ces are at capacity and will not be available to accommodate the additional need for public facilities and serV1ces resulting from the proposed Development; and WHEREAS, Developer has asked the City to find that public facilities and services will be available to meet the future needs of the Development as ~t is presently proposed; but the Developer is aware that the City cannot and will not be able to make any such fjnding without financial assistance to pay for such services and , ,. ~t~-.~:~- facilities; and therefore, Developer proposes to help satisfy th~ ~eneral plan as implemented by Council Policy No. 17 by pay~ent of a public facilities 'fee. -2- ~....... .-(,'- REV 4-2-82 1> -t .' NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 2% of the building permit valuation of the buildi~g or'~truc~ures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that tim~. 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 shall pay a fee for conversion 0 f existing building or stru~tures 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 1n Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permits", "other construction permit" and "entitlement for use" as used in this agreement, except in reference to mobilehome sites or projects, shall not refer to grading permits or other 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 shall pay to City a public facilities fee in the sum 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. -3- REV 4-2-82 , , -, ",'. ,-~. , . , "L:' '" -~ ., . .......... , •• _ ... ,";.,...:., .... 4_ .•• ' ... _ !....-),.. ... ~,~ ... ,-~~ ... ~'"f;;wr~. 2. The Developer may offer to donate a site or sites for public facilitie~ in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer offers to donate a site or sites for pu~lic 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 shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municip?l Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. 4. City agrees to deposit the fe~s 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 I~F-:~~ enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and serVlces sufficient to accommodate the needs of the Development herein described. " ,J :..' .' ~. -4-~ .. _ • ," ~ • r __ "t' , '.or , ~-.,,,,,: ~ ." ..... .:.; 'L _-: .... '::''''''''~ '·,,~.:-.y';11.'J>::;"'''''''''';'''''''':''';i;;''':''' 6 . All obligations hereunder shall terminate 1n 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 authoriied representative of such party. Any such notice shall not be effective for any purpose whatsoever unless s~rved in one of the foilowing manners: 7.1 If notice 1S g1ven to the City of personal delivery thereof to the Gity or by depositing same 1n 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 1S given to Developer by personal ~elivery thereof to Developer or by depositing the same 1n the United States Mail, enclosed 1n a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. 8. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assigns of Developer and the City, and references to Developer o~ City herein shall be deemed to be reference to and include their respective successors apd assigns without specific mention of such successors and ass1gns. I f D e~ vel 0 per s h 0 u 1 d c e a set 0 h a v e any in t e re s t in the Property, all obligations Of Developer heretinder shall terminate; provided, however, that any successor of Developer's interes~ 1n the property shall have first assumed in writing the Developer's obligations hereunder. 9 • T his a g r e em en t s hall b ere co r,d e d but s hall no t c rea tea 1 i e n or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. -5- REV 4-2-82 . --, : -,::,~ . ,'" t . ; , -, .. , ... :f-r ,. , \ ..!! Q. ~ 0. :E ~ ~ ttl 0.. .:z! ~ N cp co :> ~ t C')~ ~ iii (.) IN WITNESS WHEREOF, this agreement ~s executed in San Diego County, California as of the date first written above. ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS.TO FORM: STATE OF CALIFORNIA } S D SS. COUNTYOF· ______ ~~a~n~~i~e~g~o~ ______ ___ CITY OF CARLSBAD, a municipal corporation of the State of California BY ----~----~-----------------------City Manager On this the 19th day of Apr i 1 19.-8.!±., before me, the undersigned, a Notary Public in .and for said State, personally appeared ____ --.t1B>J.i..<;:c~hl<;law;r~di.___J,Al...,__\V'_<:8uIJJ.l.due::.-..J.N:uo..l.1oJ.Jr:.:.\dJ-.l8::wIJc.ud.L...JM.!LJ.J.j' CL:..hu;8a..ps::...L1 ~rr.LI~, _D.u.u]].Lr.n.k..1.i .J.JD ________ _ _________ , personally known to me or proved to me on the basis of satisfactory evidence to be the person -B-who executed the within instrument as ------'ltlT\·"rl'f.TO~------- of 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. Signature _(~--,,'--'<..: ru-'='l.o~C-L·=--P~WI'¥Ln~J,-----_ Tordis Paplow ~ - FOR NOTARY SEAL OR STAMP OFFICIAL SEAL. TORDIS PAPlOW NOTARY PUBLIC -CALIFORNIA SAN DIEGO COUNTY . My comm. expires DE~ 18. 19.87' -" --- LEGAL DESCRIPTION SCHEDULE C THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE STATE OF- CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: ALL THAT PORTION OF TRACT 220 OF THUM LANDS, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID TRACT 220; THENCE ALONG THE NORTHWESTERLY LINE OF SAID TRACT 220, BEING ALSO THE SOUTHEASTERLY LINE OF WALNUT AVENUE, NORTH 550 27'00" EAST 148.08 FEET; THENCE SOUTH 330 34/14" EAST 200.08 FEET TO THE SOUTHERLY LINE OF SAID TRACT 220; THENCE ALONG SAID SOUTHEASTERLY LINE, SOUTH 55 0 27'04" WEST 148.04 FEET TO THE MOST SOUTHERLY CORNER OF SAID TRACT 220, BEING ALSO THE NORTHEASTERLY LINE OF LINCOLN STREET; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID TRACT 220, NORTH 340 35'02" WEST 220.08 FEET TO THE POINT OF BEGINNING. PARCEL 2: ALL THAT PORTION OF TRACT 220 AND TRACT 224 OF THUM LANDS, IN THE CITY OF CARLSBAD, IN THE COUNTY of SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9 9 1915, LYING NORTHEASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID TRACT 220; THENCE ALONG THE NORTHWESTERLY LINE OF SAID TRACT. 220, BEING ALSO THE SOUTHEASTERLY LINE OF WALNUT AVENUE, NORTH 550 27'00" EAST 14-8.08 FEET TO THE TRUE POINT OF BEGINNING OF SAID LINE; THENCE SOUTH 340 34'14" EAST 220.08 FEET TO THE SOUTHERLY LINE OF SAID TRACT 220. -I i i CITY O(~k.... tAD 1200 ELM AVENUE • CARLSBAD, CALIFORNIA 92008 438-5551 I RECE'VED ,"o~ill U \' \( l Y\ OATE -4 \ \'3l e<i-I ~\c..~~\ DD~~lv\' \ \ . ADDRESS A/C. NO. DESCRIPTION AMOUNT /7S-- 33c- 38494 ~Cl-\;~ TOTAL 50$-- ~li·:·'" . , , . ~~=;.;. ----r CASE NO.: ---!.~~rj)_-_0_0 __ _ DA'IE RECEIVED: __ c.r ....... //; ....... /.....:.9--'~'--[f--'--1::_. __ ---.......,. APPLICANT: s/;..I Ii e4~ eu~ ~ ~ . , REC{JEST: C; t.f~ :~ cd-(J~ "f-/~ '" ;r~ EXEMPT OR EXCEPTED: ____________ _ Posted: __ .--_--,. __ _ Prior Cclnpliance: _______ _ Published : ___ _ Filed:. _______ _ Filed: NEGATIVE DEX:lARATICN: ___________ _ Posted:-.,... ______ _ Published: Notice of Detennination: ----...,..-- ENVI~ IMPACT REPORT: _____ ~_:_r_-__;::_- Notice of Notice of Preparation:___________ Canpletion: ____ _ PIANNING C'(M.1ISSICN 1. Date of Hearing: J'1/r ;;; /i<i Y ----~(---+/~------- 2. Publication: --------------- 3 c Notice to Property <Mners : _________ _ 4. Resolution No. Date: Notice of Detennination: --------~---------- (~ntin~ to: ______ ~ ______ _ 5. Appeal: --------------- CITY COUNCIL 1. Date of Hearing:_' ____________ _ 2. Notices to City Clerk:_' ________ _ 3. Agenda Bill: ________________ _ ---- ---- 4. Resolution No. ----------------Date: -------ACTION: ____ _ 5. Ordinance No.' -----~---------- CORRESPGIDENCE Staff Report to Applicant: ____________ _ Resolution to Applicant:_'_...,..-______ _ Date: -------- .' , i