HomeMy WebLinkAboutPCD 67; HARDING SREET APTS; Planning Commission Determination (PCD)DISCRETIONARY ACTIONS
REQUEST
'0 Zone Charge o General Plan .Amendment
OTentative Tract Map ,
DMajor Planned Unit Developnent
DMaster Plan , ' o Maj.or Redevelopment Permit
[JMinor Redeve~opment Permit
[Jprecise Development Plan
(check other boxes if appropriate)
Zone " " "", RmH--If)-~b
Proposed Zone ProPQsed General Plan
Owner Name (Pt1nt or Type)
3ttc,t Cj3 T cutArUES N. TIZAY&rt2-, ,
a11l:I'19 Address
City and State Zip Telephone
[JSpecific Plan
[]Site Development Plan
[]Conditibnal Use Permit
OVariance
~Planning Commission Determination
[]Special use Permit
OStructure Relocation
[)Major Condominium Perini t
+0 \o+J
EX1st~ng Use
1?'fE ~ I bEAI n /1'--'
Site A~eage
b3J/~ X
Applicant
Name (Pr1ht ot Type)
.s f.\r'l'\ 6 '\
'Ma1lu19 Address
I .-., ......
City and State Zip
6.
Telephone
I CERl'IFY '!HAT I AM'IHE LEGAL -~R AND I CERl'IFY -'!HAT I AM'IHE CMNER S REPRESENTAT
THAT ALL 'IHE ABOVE IN~RMATION' Is TRUE AND '!HAT ALL mE ABOVE INFORMATION IS TRUE
<X>RRECT ro '!HE BEST OF MY KNaiLEOOE. 'AND OORRECT ro 'lHE BEST OF MY RNCMEDGE.
SIGNATURE
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I. SPECIFIC REQUIREMENTS
General Plan 'Amendment/zqne C,hange
1. Application Form
2. General Requirement Items F-O
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:
-fifteen (15) copies of items B-D
-items E-O
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
Tentative Tract Map
1. Application Form
2. General Requirement Items
fifteen (15) copies of item A
items E-P
Minor $ 75.00
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:
fifteen (15) copies of items B-D
items E-O-
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.
Residential Condomipiump
$530.00 (50 units or less)
$1,090.00 (50 units or more)
•
$3.65.00 (Amendment for 50 units or less)
$655.00 (Amendment for 50 units or more)
$ '5.00 unit (Notif'ication 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 Co.ndominium or Planned Qnit DeVelopment
$42G.00 (50 or less units)
$1,090.00 (50 or more units)
$220.00 (Amendment for 50 or less unitq )
$400.00 ( Amendment for 50 or more units)
Site Development Plan
1. Application Forni
2. General Requirement Items
fifteen (15) copies of items B-D
items E-I, M~O
3. Fee: $~'65.00
,Conditional Use Permit/Special Use Permit/Precise Development Pl~n
1. Application Form
·2. General Requirement 'Items:
~ fifteen (15) copies of items B-D
items E-O (items L,M & N not required for Special Use
Permit) I \
3. Fee: $42G.00 Conditional Use Permit/Special Use Permit
$440.00 Precise Devel6pment Plan·
4. Additional information may be re.quired by the Eng.ineering
Depar~ment for Special use Permits
Variapce·
1. Application Form
2. General Requirement Items:
~ fifteen (15) copies of it~m 9 and D (if
applicable)
items E, F, H-K, M, 0
3. Variance Supplemental Sheet
4. Fee: Single F~mi1y = $150.00
Other = $42G.00
,.
Planning Commission Determination
1. Application Form
2. 2D~g~~e s~atement pr$cisely indicat~g the
determ1nat10n request.
3. General Requirement Items:
fifteen (15) copies of items B-D (if applicable)
items :F-I, M, 0-
4. General'Requirement Items for Density Determination:
fifteen (15) copies .items B-D
items E-I, M-O
5. Fee: $330.00 .,
Major and Minor Redevelopment Permits
1. Application Form
2. General Requirement Items:
Major:
fifteen (15) copies of Item B-D
-items E-M and material samples (if applicable)
Minor:
f1fteen (15) copies of items B-D (if applicable)
items E-F, H-M and material samples (if
applicable)
3. Fee. (Not established except where other permit is
necessary) •
Structure Relocation
1. Application Form
2. General Requirement Items
fifteen (15) copies of Band D
items E, F, H, I, M
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 / reliminar gradin Ian (24" x 36")
Each tentat1~e map pre11m1nary grad1ng 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 ~urveyor, landscape architect or land planner
who prepared the maps;
(3) North point;
(4) Scale; vicinity map;
e {5) Date of preparation; • (6) The loqation, wid'th and proposed names ·of all
streets within the boundaries of the proposed
subdiv,ision and approximate grades thereof;
(7) Location and ~idth of alleys;
(8) Name, location and width of adjacent streets;
(9) Lot lines and approximate dimensioris and
numbers of each lot;
( 10) ,Approximate location and wid,th of watercourses or
areas subject to inu.ndation from floods, and location
of structures, irrigation ditches and other perin~nent
physical features;
(11:) Approximate contours at l' l.nte1;vals for slopes
less than 5%, 2' intervals for slopes betw~en 5% and
10%, and 5' inter~als 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 siz~
and type; .
( 14) Leg.al de:scription of the exterior boundaries·· of
the subdivision (app-roximate bea.rings, distances and
curve data);
(15) Width and 10cati6n of all existing or proposed
pubiic or private easements;
(16) Classification of lots as to intended
residential, commercial, industrial or other uses; .
{17) Location of railroad~;
(18) Approximate radii of curves of streets;
(19) Proposed name and city tract number of the
subdivision;
(20) Any proposed phasing by units;
(11) Number of units to be"constructed when a
condominium or -community apartment proj ect is involved.
(22) Method of draining each lot; .
(21) Earthwork Volumes
(24) Also, proposed utilities, existing street, sewer,
water, and storm drainage improvements along the
subdivision frontage, iricluding 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 stree.ts within the project.
Site Plan: SnaIl include the following information:
Name and add·ress of applicant, -engineer and/ot:
architect, etc.
All easements
Dimensio'ned locations of:·
access, both pe~estrian and vehicular, sh6wing
service areas and points of ingress and egress
off·street parking and loadihg areas showing
location, number a,nd typical dimensionn of .
spaces, and wheel stops .•
distances between buildings and/or
building setbacks (front, rear and
location, height, and materials of
location of freestanding signs
•
structures
sides)
walls and fences
all driveways 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
the street properties.
typical street section
any existing median islands within 100 feet of
subject site.
nearest cross streets on both sides with plus or
minus distances from subject site.
location of all buildings within 100 feet of subject
properties.
a vicinity map showing major cross streets
a summary table indicating the following
information: f~ ~ site acreage 119175' 13 ("4--:J. 7. "l..~ % 0 t.:. ftc/2.C;
-existing zone and land use RIh!-l 10-_".tO {) ;>"A, /
-proposed land use e.e~i:J)t:tfI 7dl-L 1Ct5l1f7tfl. cJ/lJd'5 -t,.'1IP'\ -3S,' total building coverage ;J)<I,! lutl;] _ S3Z ~J:)bEL) 267B -I ()r~t., liD
building sq. footage <;')(li7INj. 031. _ ,If!J/J51) '31'75 iOil'ft. '-/0 '21/
percent landsc'aping 3CJso( //1"15 ::. 31..%
numQ..eJ;:_o..f~ing spaces q tr)eN3!?t:o , .
.;..-sq. footage ofc)p'en7recreational '''2;O-O-p~-... -)'"~O-O~~fv
space (if applicable)
.::-cuSiC'-rootage ofs·e";':'a',.cr:O::a~g~e~s~p~a~c.e..~--,-, .... _ ........ -. '-'-:-~--e;,-IfP
(if applicable). .' ' t:>
ADDITIONAL DATA REQUIRED: UNLESS A TENTATIVE MAP IS
SUBMITTED ALL DATA REQUIRED FOR ~ TENTATIVE MAP SHALL
BE SUBMITTED ON THE SITE PLAN.
<9 Preliminary Landscape Plan, (24" x 36" )~ ..
shall include the following 'information:
1 • ~Cl·r.ldscape zones per the CitY...,90 arlsbad
Landscape Guidetl-ne.s-!!.anual ~ _ ~ .
2. Typical p~an~ ecies and their sizes for each planting zone ,
3. An eEJ:.i.m-a: e of the yearl'Y~ount of irriga'tion
(supplem~.~ wafer required to mainE'a-4.t each zone •
. _,4~"""'--Landscape maintenance responsio'i:,J.ity (private or
common) for all areas. ~ :.
5. Percent of site used for landscaping ~,%
~.r~ Building Elevations and Floor Plans* (24"x36")
,'7 floor plans with square footages included
location and size of storage areas
all buildings, structures, walls and/or fences, 5' rS"'Cc; Nll/(JN[j
signs and exterior lights.
NOTE: ALL EXHIBITS MUST BE FOLDED IN A SIZE NOT TO EXCEED
8 1/2" x 11".
K.
L.
• • One (1) copy each of 8 T/2"x11" site plan and elevationa.
One (1) copy of 8 1/2"X11" location map (suggested scale
200" -vicinity maps on the site Plan~ot acce~table)
Environmen.tal Impact Assessment Form ~
Public Facility Agreement: 2 cop.ies: One (1) notorized
ori:ginal, One (1) reproduced copy.
Disclosure Statement
Property Owners' Li'st and Addressed Stamped Envelopes
(No.t neeaed~~ r si te Development Plan, Special Use Permit,
Pla·nJ.1ing Com iss ion J?etermiJ.1a.tion ahd Minor Condominium
Perml.;!;.,.) 1) typewrl.tten ll.st of the names and addresses of
all p oper9 owners and occupants within a 3'·00 foot radius
of su jecv. property (including the applicant and/or owner).
The I st phall include the San Diego County Assessor's
parcel mimber from the latest assessment rolls. 2) Two
separa I sets of legal siz.e (# 1 0), addressed stamped
ertvelo s {four sets for condominitim conversions) of the
proper! owners and occupants within ~ 300-foot radius of
subjec roperty. For any address other than single family
resid. nce apartment or suite number must be inc1uded. DO
NOT PE A ES OR'S PARCEL NUMBER ON ENVELOPES AND LEAVE
RETU N OF ADDRESS BLANK. 3) For Condominium Conversions,
, two.separate sets of addressed, stamped envelopes of all
exi . ting ·tenants /is required. .
300.Foot Radius IMap ,
(Not needed folj'site Development Plan, Planning Commission
Deter ination ;and Special Us'e Permit). A map to scale not
less t an 11~L 200' showing each lot within 300 feet of the
exterio bo~daries of the subject property. Each Of these
lots sha I ~e cohsecutively numbered and co~respond with the
. Property whe'r' s list. The scale of the map maybe reduced:
to a scal acceptable to the Land Use Planning Manager if
the regui, d Scale is impractical.
For resi en ~al projects within Vista, Encinitas or San
Die uito Sch I Districts, the applicant shall indica·te
whether he prefers to dedicate land for school facilities,
to pay 'a fee in lieu thereof, or do a combinatiQn of these.
If the appli.cant prefers to dedicate iand, he shall suggest
the specific land.
For residential projects within the Carlsbad bnified School
District and the San Marco Unified school District, the
applicant. shall submit written co,n·firmation tha·t school
fac·ili ties will be available and serye the project ,at time
of need. _
Preliminary Title Report (current within the last six
months)' .
Proof of sewer availability if ldcated in the Leucadia
County Waterbistrict.
Colored Site Plan and Elevation Plan '*
Statement of agreement . to W~l.ve ten·tative tract map time
limits. >
*NOTE: It is the Applicant's responsibility to bring one copy of.
a colored site plan and on~ copy of a colored elevation
to the Land Use Planning Office by Noon the day of the
Planning CommiSsion meeting.
APPLICANT DISCLOSURE FORM
In order to assist 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 tne 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 l~gal 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, corpo,rate 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 after tl'1e
,t.hat further
APPLIcANT:
~ ..... o.rmatJ.on you A!c:l.Ve su"uw_ ....... I<;.u. llo:ll.S .;l£:!~U
information is requirec;i, you wi~~ be so
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Name -(individual, partnership;. joint venture, corporation. syndication)
AGENT:
ME:l-lBERS :
Business A4d;ess
Telephone NUmber
Name
Business Addres~
Telephone N~r'
Name '(in~ividual, partner, joiht.
venture, corporation;. syndicat:i.on)
B~siness Address
Telephone N~~r
3'.lsiness Address
Telephone Nu.mber
Home Address
Telephone Number
Home Address
Telep~ne ~lumber
(Attach more sheets if necessary)
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lINe qecla:e under penalty 'of perju~ that the information contained in this dis-
closure is true and correct and that'it will remain true and ~orrect and may be'
relied upon as being true and correct until amended.
'.
BY ____ ~ __________________ ~----~.~.~-----------
Agent,. fr.·mer,. l?ar~n~z:'
• •
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)
'. rPLE..""lENI'AL INFoRMATIO~ FORr1 •
VARIANCE
1) Gross Acres (or square footage, if less than acre) --------~~~----~---
2) ~e ______________________ ~--------~----~--~-------------
3) General Pla."1. Land uSe :pesigrlatial ----~--~~~~--~~--~-------------
4) .By law a Variance may "be approved ally if certain facts are found to exist.
Please read t.h:!se requirement~ carefully and explain how t1e prop0Sed.
project meets each of tl1ese facts. ~e additialal -sl1eets if necessary ..
a) ExplaiD wh¥ there are excepticnal or extraordinary circlllllSi:.ances or
cx:nditials applicable to the property or to tba intended use that do not
apply· generaJ,ly to tb! o~r property o.r class· of use in ·the sc\me vicinity
arid ZC'le: . ..
b) Explain why such vari~ce is necessary for the preservaticn and
enjoyment of a substantial·property right possessed by othar property in
the same vic:L'1.ity and z<ne but \'lhich is denied to the property in questioo.:
·c) Explain wl"ry'the granting of such variance \vi.ll not be materially
detrimental to the public welfare or injurious to ·the property or
improvements.in such vicinity and z<ne :in whi,ch ,tbe pro~rty is lOcq.ted
d) Explain why the granting of such yariapce \>.rill not adversely affect tie
canprehensi ve general plan: ___ ~ ________ ....-.....;.-.,..-.,... ____ ._---,......-,., _______ _
• RECORDING REQUESTED BY AND
WHEN 'RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
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Space above this line "for R~corder's use
Documentary transfer tax: $ No fee M4r -
P arc e 1 No. 204-192-05
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AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIKS FEE
THIS AGREEMENT is entered into this ~day of _~~" ____ ~ __ _
by and bet wee n JACK B. TRAYER and CHARlES N. TRAYER
CMNER
(name of developer-owner)
a PRIVATE , her e ina f t err e fer red t 0 a s
(Corporation, partnership, etc.)
"Developer" whose address is 1257 MAGNOLIA AVE.
(street)
19 84
CARLSBAD, CA. 92008 and TFlE CITY OF
( Cit y , s tat e , zip coo d e )
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm Avenue,
Carlsbad, California, 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 a"s "Property"; and
WHEREAS, The Property lies within the boundaries of City; and
WHEREAS, Developer proposes a development project as follows:
ADDITION of single family unit ATTACHED to ,existing 2 car garage,and 2 car garage
REV 4-2-82 for existing house
I
I
on said Property, development carrl.es • ' the proposed name of
NA
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the 20 day of --',,..JJOo/,jINE,,J,W, _______ _
I 9 L, wit h the Cit y are que s t for PlANNING mMMISION DETERMINATION
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 public facilities
and serVl.ces are at capacity and will not be available to accommodate
the additional need for public facilities and serVl.ces resulting from
the proposed Development; and
WHEREAS, Developer has asked the City to find hat public'
facilities and services will be available to meet the future needs of
the Development as it is presently proposed; but the Developer is
aware that the City cannot and will not be able to make any such
finding without financial assistance to pay for such services and
facilities; and therefore, Developer proposes to help satisfy the
General Plan as implemented by Council Policy No. 17 by payment of a
public facilities fee.
-2-
REV 4-2-82
NOW, THEREFORE,~ consideration of the re~als 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 ~xceed 2% of the building permit valuation of the
building or structures to be constructed in the Development pursuant
to the Request. -The fee shall be paid prior to the issuance of
building or other construction permits for the development and shall
be based on the vaiuation at that time. This fee shall be in
addition to any fees, dedications or improvements required pursuant
to Titles 18, 20 or 21 of the Carlsbad Municipal Cod~. Developer
shall pay a fee for conversion 0 fexisting building or structures
into condominiums in an amount not to exceed 2% of the building
permit valuation at the time of conversion. The fee for a
condominium conversion shall be paid prior to the issuance of a
condominium conversion permit as provided in Chapter 21.47 of the
Carlsbad Municipal Code. Condominium shall include community
apartment or stock cooperative. The terms "other construction
permits", "other construction permit" and "entitlement for use" as
used in this agreement~ except in reference to mobilehome sites or
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 impro~ements required according to Titles 18, 20 or 21 of the
Carlsbad Municipal Code.
-3-
REV 4-2-82
• • 2. The Developer m.ay offer to donate a site or sites for public
facilities in li~u of all or part of the financial obligation agreed
upon in paragraph 1 above. If Developer offers to donate a site or
sites for public facilities, the City shall consider, but is not
obligated to accept the offer. The time for donation and amount of
credit against the fee shall be determined by City prior to the
issuance of any building or other permits. Such de~ermination, when
made, shall beco~e a part of this agreement. Sites dortated under
this paragraph shall not include improvements required pursuant to
Titles 18 or 20 of the Carlsbad Municipal Code.
3. This agreement and the fee paid pursuant hereto are required
to ensure the consistency of the Development with the City's General
Plan. If the fee is not paid as provided herein, the City will not
have ~he 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 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 paid.
4. City agrees to deposit the fees paid pursuant to this
agreement in a public facilities fund for the financing of public
facilities when the City Council determines the need ,exists to
provid~ the facilities and sufficient funds from the paym~nt of this
and similar public facilities fees are available.
5. City agrees to provide upon request reasonable assurances to
enable Developer to comply with any requirements of other public
agencies as evidence of adequate public 'facilities and services
sufficient to accommodate the needs of the Development herein
described.
-4-
REV [, "-82
6. All Obligatio. hereunder shall terminat.n the event the
Requests made by Developer are not approved.
7. Any notice from one party to the other shall be in writing,
and shall be dated and signed by the party giving such notice or by a
duly authorized representative of such party. Any such notice shall
not be effective for any purpose whatsoever unless served in one of
the following manners:
7.1
, . If not1ce 1S given to the City of personal delivery
thereof to the City or by depositing same in the United States Mail,
addressed to the City at the address set f~rth herein, enclosed in a
sealed envelope, addressed to the City for attention of the City
Manager, postage prepaid and certified.
7.2 If notice is given to D~vel.oper by personal delivery·
thereof to Developer or by depositing the same in 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 reap~ctive successors and assigns
of Developer and the City, and references to Developer or City herein
shall be deemed to be ref~rence to an~ include their respective
successors and assigns without specific mention of such succes~or~
and assigns. If Dev~loper should cease to have any interest in the
Property, all obligations of Developet hereunder shall termina~e;
provided, however, that any successor of Developer's interest in the
property shall have first assumed in writing the Developer~s
obligations hereunder.
9. This agreement shall be recorded but shall not create a lien
or security interest in the Property. When the obliga~ions of this
agreement have been satisfied, City shall record a releas~.
-5-
REV 4-2-82
q
J ,
l to"
]
• •
th is ~greement is executed in San Diego IN WITNESS !HEREOF,
Call'fornia aa of the date first written above. county,
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY __ ~~~~ ____ ~ ____________ _
City Manager
I.WI or OALJlQUU) .-... ---~,-... -.. -
. ~.
COUllftOl MI D150)
On thU 25th del or September J 111 the year 1984 , before _,
IeVUl I. IIQ.raIA, & lot&r7 Pub11c, per'OQI'll appean4
Janie A Trayer
and proved to me, CM;l the baaia ot aat1.tactory ev1d811ce, to be the
per.on wh~ name 18 aub.cr1bed to the within Instrument, ana
ac.lulowledge to me that she executed it. IN. Wr.rN&ii wwmEOi', I
Dav. ..t .., ~ awl ofticial .oal OZ t.be it&t. at C&l1t~I'A1a •
. /Y .. L' /J.A ... , ... "",.. ,.,.." ... ..,. ..... -'-<~ ... ----""'''.~..........,.. .. ,~ c~ 'l.. ('~
\ .... - -.. -.
Kevin· K. llorm&Q
lot&17 hDUc
9-'2)'-?1 . .
Sf 1mARY" ...... acs.,f .. ----., 0 . ' I F Exp/NIIIIc, •• 11141 -----"'-,
. On this ---'1~9.zt~h~ _____ day of . June 19 .81L , before me personally appeared '
Jack B. Trayer
______________________________________ ~~--~~~-_:~~,tome
known and known to me to be the individual(s) described in and who executed the foregoing agreement and acknowledged that_ he _ executed
the same for the purposes, considerations and uses therein set forth as _. h J,s. free and voluntary act and deed. ,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, the day and year first above written.
My Commission expires 12/20/84 .:!~ . '\~ C r ~~ lL~ ~","-4.yy 4A ..
I;
(Seal) Notary Public, residing at Carlsbad California I
5-802 R1 10/72
• •
EXHIBIT "A"
LEGAL DESCRIPTION
THE NORTHWESTERLY 63.44 feet of the SOUTHWESTERLY 95.15 feet of
LOT 4 in BLOCK B of the resubdivision of a portion of ALLES AVOCADO
ACRES, in the city of CARLSBAD, COUNTY 'OF SAN DIEGO,STATE OF CA.
according to MAP NUMBER 2027,fi1ed in the OFFICE of the COUNTY
RECORDER OF SAN DIEGO COUNTY,MAY 17,1927
• • ($)
SAFECO
POLICY OF TITLE INSURANCE
ISSUED FROM THE OFFICE OF
SAFECO TITLE INSURANCE COMPANY
1301 Third Avenue
San Diego, California 92112
--
SAFECO TITLE INSURANCE COMPANY
SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF,
SAFECO TITLE INSURANCE COMPANY, a California corporation, herein called the Company,
insures the insured, as of Date of Policy shown in Schedule A, against loss or damage, not
exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and
expenses which the Company may become obligated to pay hereunder, sustained or incurred by
said insured.~y reason of:
1. Title to the estate or interest described in Schedule A being vested other than as
stated therein;
2. Any defect in or lien or encumbrance on such title;
3. Unmarketability of such title; or
4. Any lack of the ordinary right of an abutting owner for access to at least one physically
open street or highway if the land, in fact, abuts upon one or more such streets or
highways;
and in addition, as to an insured lender only:
5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the
extent that·such invalidity, or claim thereof, arises out of the transaction evidenced by
the insured mortgage and is based upon
a. usury, or
b. any consumer credit protection or truth in lending law;
6. Priority of any lien or encumbrance over the lien of the insured mortgage, said
mortgage being shown in Schedule B in the order of its priority; or
7. Invalidity of any assignment of the insured mortgage, provided such assignment is
shown in Schedule B.
-. .' .
Secretary President
CL TA STANDARD COVERAGE POLICY· 1973
SAFECO Stock No. CAP-21e (Rev. 7-83)
, . •
SCHEDULE A
Policy No:
Premium:
Amount of Insurance: $87,000.00
Date of Policy: A~gust 16, 1984 at 10:49 a.m.
1. Name of Insured:
CHARLES N. TRAYER AND BECKY L. TRAYER,
JACK B. TRAYER! AND JANIE A. TRAYER
•
.B-650631
$458.00
2. The estate or interest in the land described herein and which is covered
by this policy is:
A FEE
3. The estate or interest referred to herein is at Date of Policy vested in:
CHARLES N. TRAYER AND BECKY L. TRAYER,
husband and wife as joint tenants, and
JACK B. TRAYER AND JANIE A. TRAYER,
husband and wife as joint tenants, each
as to an undivided one-half 1/2 interest
as tenants in common
4. The land referred to in this policy is situated in the State of Cali-
fornia, County of San Diego, and is described as follows:
The Northwesterly 63.44 feet of the Southeasterly 95.15 feet of Lot 4 in Block
B of the resubdivision of a portion of Alles Avocado Acres, in the City of
Carlsbad, County of San Diego, State of California, according to Map Number
2027, filed in the Office of the County Recorder of San Diego County, May 17,
1927.
($J
SAFECD
!
I
J S
Policy No. B-650631
Schedule B
Page 1
•
This policy does not insure
attorneys' fees or expenses,
following:
Part I
•
SCHEDULE B
against loss or damage, nor against
any or all of which arise by reason
costs,
of the
All matters !'let forth in paragraphs 1 . to 9 inclusive on the reverse side of
the face page of this policy under the caption Part 1 of Schedule B.
Part II
1. Property taxes, including any assessments collected with taxes, to be
levied for the fiscal year 1984-1985 which are a lien not yet payable.
2. The Lie~ of Supplemental Taxes, if any, assessed pursuant to the
provisions of Senate Bill No. 813 (1983) of the State of California.
END OF SCHEDULE B
ag
($]
SAFECO
• --I
;: ..
----" --:
801 Pine Aven-(Je,C~rlsbad, C~lif6rnia 92008 729 ... 9291 "ExceUen~e'n Ed;"cation"
BOARD OF
TRUSTEES
__ J, CPWARDSWITZER, JR .• -
President
Jl:JUANNE L NyGAARD_
,: Vice President
JAMES McCORMICK
--CJerk
)OEANGEL
Member
loHN J MAMAUX
.Member
DISTRICT
-ADMINI.STRATION
PHJ.LlP GRIGI"I0N, Ed.D.
District Superintendent _,-
JAMES M. STARK
-"J?usiness Services
5USAJ'I-HARUMI BENTL~V -
,'Instructional Sewices
DAVID WM. BATES, SR.
Employee Relations
R1CflARD A SHALER
-Information Systems
K.C. DUNLAP
f'arilities/Services
Nov~m6er 16" 1-984 -
Mr. Cl arence Schlehl;ibe:r, C:fiafrpeJ'son,
and Memb'er$bf the Pl ann i ;1,9 Comm-i ss; on
,-_-_ C-,ty -ofCa-rT s"bad
-12.00 Elm Avenue
". Ca'rl sbad,CA 92008
------"'--
-Attn:' Mr: Mart'l!10renya:k,_Buildin_g ~nd Pl ami; ng .. DWeCto-r _ -
Reference: ,J:ac'kB. Trayer {Jan i;~ A_: Trqyer
Gentlemen-:
- ---, -
'Our Di stri ~t· h:as: revi-ewed' the prppt);sed <dev-elopmen~t 'Qf-
_-one stng1 e-famHy dwell ing locate~Lat ,3606 B Ha.r<;lin"~L
Street and ti:a~-' e'ial uated thei,mpacf o-f th-q:t projecf--
,on the -r-cre:"nj~ti's: of this Dist:r.j~c\r;. '
The Gove~n':jng Board wi shes to g'dy-i$e the c1 tyoffi;~fals '_-,
a-nd residents of C~tr1sbad that; as'-residentialuni't;S"a're'
added· to the! ~Eomlnunity ~, . it :15 :ltkety 'that manY Gl gs~ses -i:n ..
the DiStrict will beeome c-rowQep,resulting trip_os.stole·
;,mp~irment to the eayc!3.tiQnal a.nd transpo.rtati.onal.:'Sarvices
• offered to the students . -ft-g'aLsQ 1 Hely tha-t:s:t:MO]
.s:chedules mayhaY.E! t(j be -ch'angeg,r:es'ulti ng· i:nan lJtc;rea'se
fn the year-round progr'am., or c;[oyble-sessi ons, Oro;o:{l:h. :
-. --= --
However, the D'jstrict isabl,e to !is,sure you thatsi~hQo]
physical facilHH~:s will beavaila'ple concurren-t w:f.th need
for this development as iti s p.res-ently proposed-.--
Stncerely, . .
~ --.~ ~~-
, Jame s Sta:rk
Assi stan,t SYperi:n:tendent
Business $ervlce,s ,.
njg
"
> .
POOR
QUALITY
ORIGINAL (S)
, "
1\
----. --. ~ -~ ---------~ .... ----.--. --.. ;
~ I
CITY OF C ... ALSBAD I
1
1200 ELM AVENUE • CARLSBAD, CALIFORNIA 92008 I I 438·55~ Q~ I I I I
!
, .., !d-O~'4 I
RE'CEIVED FRO:=:S-:' \ _'C"-~\,~.\ DATE (Q I
~ I I I
~
. ADDRESS
A/c. NO. DESCRIPTI9N AMOUNT ..
:lJ/~fj8s:2 £/A-/75 -
, o/-f?Bo/ P (I, 6. ;>,,-30 '.--'
'.
'.
~~~U\Olli~l9~ "t-t. .~~ '. 0\; ,0
" "=>,?' -'
:. ! .... ~ ~;~ ~J~~ ,
'" \.::1 .... t':i ~.:> J'>. . 7", ~ ,-, !;:'W!" A /:~va ". N 01 r;:; r ~-1~' ~ ~
00 >,~(>~~q; ., N .
», .. . ~ , . , ' ' ,c' 07 "
T •• ~ . --~~ '<1 r;' , -
" ;/;;,,0 IiJOS
(1.,\7 . ~,n ,{ . ,-"~/ -.
.
-,../ ,-,
0-40'300 TOTAL j05 --',
.', ,-, -, "
EXEMPT OR EXL!EP'IED: ______________ -
Posted: ----------Prior Coolpliance: _______ _ Published: ---
File4: _ ___.----------Filed:
NE~TIVE DEX::IARATICN: __________ _
Posted: Published: -----------Notice of Detennination: ------------
ENVIOCNMENmL IMPACT REPORI': \ Notice of --------No..,.....,..ti..,..· ce-o""""f;""'-
Preparation:________ cat1pletion: ____ _
1. Date of Hearing: __ ~JQ~-.:..=1 (;).~-_~;;....c.J_" _____ _
2. Publication: ____ ..:.l/a..~-.:..1-_8~4..:..-___ _
3. Notice to Property OWners:_--L.!I (_-...:o~O~-.....:8 ... q.:..-_
4. Resolution No. _____ ---C62~3.L.q...u.(,p..a ________ _ Date : I cl-1C2" «'ti
(COntinued to: .. --------------
5. Appeal: . ------------------
CITY' COONCIL
1. Date of Hearing:_' _. · __ ·...t.tU~· +-)J-fl,--"_' __ _
I
2. Notices to City Clerk:_' ._._. --'·-·~'..:...f-IftR-· ___ _
3. h;3'erXJa Bill: ___ ' _._._. _ .. _. _'_'-0' _ .• _. _ .. _._. _. __
4. Resolution No~_· _. _ .. ____ . _. _. _. _ .. _. _. _. _. _ ...... _._ oa.te: ...... .
Date: ...
Notice of
Detennination:
JlCTIoo:
----
-------
5. Ordinance No~' ._._. _._ ... ~.~,_. :_._. _ .. _._. _._._. _._._. _. __ -----
CX)RRESPC!IDENCE
Staff Report to Applicant:_· _ .. _. _. _ .. _ .. _. _. _ .. _. _ .. _._. _. _
Resolution to AWlicant: ................... .