HomeMy WebLinkAboutPCD 81; LA COSTA - GIBRALTER; Planning Commission Determination (PCD)LAND USE!LANNING AFLICATION
DISCRETIONARY ACTIONS
REQUEST
0 Zone Change Ospecif Ic Plan
0 General Plan Amendment DSite Development Plan
D Tentative Tract Map DConditional Use Permit
D Major Planned Unit Development £JVariance
O Master Plan OPlanning Commission Determination
0 Major Redevelopment Permit LJSpecial Use Permit
0 Minor Redevelopment Permit OStructure Relocation
Precise Development Plan [JMajor Condominium Permit
(check other boxes if appropriate) QCoastal Permit (Portion of Redevelopment
Area Only)
Complete Description of Project (attach aiditional sheets if necessary)
APARTMENT PROJECT OF 24 2 BEDROOM APARTMENTS 16 TOWNHOUSE UNITS AND 8 PLATFORM
UNITS W11 HANDICAPPED UNIT. ACTIVITY AREA OJISPA, POOL AND 2 SUNVECKS.
Legal Description (complete)
'ôI-' SY3 ?i7
AssesDrs Parcel Niir'
zone Generàl Plan Existing Land Use
RPM R-H - R-H20-3OLNITS
Proposed Zone Proposed General Plan Site Acreage
RPM R-H .98 ACRE
Owner Applicant
Name (Print or Type),, 7(,195 Name (Print or Type)
VC 7 /
Mailing Address Mailing Address
(,e1Q,JL) 19I/JI, S72
City and State Zip Telephone City and State Zip Telephone
j Di ('ñ. S,9A/ )c r Q/9 ,5iff9
I CERTIFY THAT I PM THE LEGAL OWNER AND I CERTIFY THAT I AM THE OWNER'S REPRESETPIVI
THAT ALL THE ABOVE INFORMATION IS TRUE AND THAT ALL THE ABOVE INMRMATION IS TRUE
AND CORRECT ¶10 THE BEST OF MY KKLEDGE. AND CORRECT ¶10 THE BEST OF MY KNOWLEDGE.
SIN41JREP ( DATE SIGNATURE DATE
Dat\Ai4cation[ed'd Receiv9d By Peel Receivea '1Receipt1 NO.
i57sI
øate Alication ReC'd Staff Assigned * Case Number
. S
- CHICAGO TITLE COMPANY OF SAN DIEGO
555 WEST BEECH STREET, SUITE 101
SAN DIEGO, CALIFORNIA 92101 - (619) 232-8921
PAGE 1
PRELIMINARY
CHICAGO TITLE COMPANY OF SAN DIEGO
555 WEST BEECH STREET, SUITE 101
SAN DIEGO, CA 92101
Attention: BARBARA MILLER
REPORT
Your No. 7533-B
Our No. 48916-1
Disk No. 109
In response to the above referenced application for a policy of title insurance Chicago
Title Company of San Diego hereby reports that it is prepared to issue, or cause to
be issued, as of the date hereof, a Policy or Policies 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 shown or referred to
as an Exception below or not excluded from coverage pursuant to the printed Schedules,
Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are
set forth in Exhibit A attached. Copies of the Policy forms should be read. They are
available from the office which issued this report.
This report (and any supplements or amendments hereto) 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 or Commitment should be requested.
Date:OCTOBER 23, 1984 at 7:30 A.M../b7<tJ4z/lL
Title Officer I
The form of policy of title insurance contemplated by this report is: CLTA OWNERS
The estate or interest 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:
PULLMAN ENTERPRISES, INC., a Texas corporation
The land referred to in this Report is situated in the State of California, County of
San Diego, and is described as follows:
Lots 383 and 384 of LA COSTA SOUTH UNIT NO. 5, in the City of Carlsbad, County of
San Diego, State of California, according to Map thereof No. 6600, filed in the Office
of the County Recorder of San Diego County, March 10, 1970.
r.
Order No. 48916
At the date hereof exceptions to coverage, in addition to the printed exceptions and
exclusions contained in said policy form, would be as follows:
1. General and special taxes, a lien not yet payable, for fiscal year 1984-85.
2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of
Chapter 498, Statutes of 1983 of the State of California.
3. An easement over that portion of said land as shown on the map of said Tract.
For drainage. Affects the Southerly 10 feet of Lot 384.
4. Covenants, conditions and restrictions, (deleting therefrom any restrictions based
on race, color or creed), as provided in a Declaration recorded March 10, 1970
as File No. 43138 of Official Records.
Said covenants, conditions and restrictions provide that a violation thereof shall
not defeat nor render invalid the lien of any mortgage or deed of trust made in
good faith and for value.
5. An agreement dated April 19, 1982 9 by and between PULLMAN ENTERPRISES,'\
INC. and THE CITY OF CARLSBAD, a municipal corporation, disclosed by an
instrument recorded July 21, 1982 as File No. 82-223144 of Official Records.
Reference is hereby made to said Document for further particulars.
6. Any defect in the title herein and/or any defect which may arise in the event
that PULLMAN ENTERPRISES, INC. is not duly incorporated an/or currently in
good standing.
Note (1): The requirement that a statement of partnership of TNT GIBRALTAR
be established of record.
NOTE (2): It is our understanding that the buyers in this transaction are:
TNT GIBRALTAR, a partnership
Please advise us immediately if the names are misspelled, or if there are any
other parties not shown herein above.
NOTE: General and special County and City taxes, including personal property taxes:
Fiscal Year: 1983-84
Amounts for pro-ration purposes are:
Total: $1,128.78
First Installment: $564.39 PAID
Second Installment: $564.39 PAID
Code area 09046
Parcel No.: 216-290-27
. .
Land Valuation: $99,826.00
Improvements: $NONE
Personal Property: $NONE
Exemption: $NONE
Affects: Lot 383
NOTE: General and special County and City taxes, including personal property taxes:
Fiscal Year: 1983-84
Amounts for pro-ration purposes are:
Total: $1,128.78
First Installment: $564.39 PAID
Second Installment: $564.39 PAID
Code area 09046
Parcel No.: 216-290-28
Land Valuation: $99,826.00
Improvements: $NONE
Personal Property: $NONE
Exemption: $NONE
Affects: Lot 384
INFORMATION NOTE: The premium of $1,120.00 is Basic Rate for a Cita Owners
in the amount of $355,000.00.
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CITY O•ARLSBAD
1200 ELM AVENUE S CAR LS DpAL!FpRNIA 92008
438-q5,51 -
RECEIVED FROM DATE / 17
ADDRESS :i \\
A/C. NO. DESCRIPTION AMOUNT
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45751 TOTAL
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I. SPECIFIC REQUIREMENTS
General Plan Amendment/Zone Change
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:
- eighteen (18) 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.
Minor $185.
Specific Plan Amendment: Major $4
Minor $
Tentative Tract Map
1.. Application Form
2. General Requirement Items
- eighteen (18) copies of item A
- items E-P
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
design of subdivision
Major Planned pevelopment (5 or more units)
1. Application Form
2. General Requirement Items:
- eighteen (18) copies of items B-D
- items E-O
3. Conversion to Condominiums - list of name
addresses of all tenants of the project,
notification of the tenants 60 days prior
tentative map.
S 0
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 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.
If after the information you nave sux 1a5 zeen reviewed, it is determined
that further information ireuired you will be so advi,
/ W hA
APPLICANT:
Name (mdi syndication)
i c/ J2t/(7r -I
/;-
Home &aress
Business Address
Telephone Number *
AGENT:
Name
• Business Address
Telephone Number
MEMBERS:
Name '(individual, partner, joint
venture, corooration, syndication)
ifli. JY
Business Address
Telephone Number Telephone Number
( ,5 4133 cju I &Vts Dc -
Name F.Ome Address &DcIc\r1tS ,(JA. Ci2_OZf-')
5ILt ç 4c - C-41 92o
Business Address -
Telephone Number Telephone Number
(Attach more sheets if necessary)
I/We declare under penalty of perjury that the information contained in this dis-
closure is true and correct and that it will remain true and correct and may be
relied upon as being true and correct until amended. -
Applicant
BY __________________
Agent,' Oner, Partner
.
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.
Signae Date N
Name (Prin Relàt2onship to'Application
(Property Owner-Agent)
FORM: PLANNING 37, REVISED 3/80
.
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)
Site Development Plan
1. Application Form
2. General Requirement Items
- eighteen (18) copies of items B-D
- items E-I, M-O
3. Fee: $365.00
Conditional Use Permit/Special Use Permit/Precise Development Plan
1. Application Form
2. General Requirement Items:
- eighteen (18) copies of items B-D
- items E-O (items L,M & N 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:
- eighteen (18) copies of item B and D (if
applicable)
- items E,F,H-K,M,O
3. Variance Supplemental Sheet
4. Fee: Single Family = $150.00
Other = $420.00
/ .
.
Planning Commission Determination
1. Application Form
2. One page statement precisely indicating the
determination request.
3. General Requirement Items:
- eighteen (18) copies of items B-D (if applicable)
- items F-I, L, M, 0
4. General Requirement Items for Density Determination:
- eighteen (18) copies items B-D
- it E- -O
5. Fee:
Maj -ai--i-nofdeveiopment Permits
1. Application Form
2. General Requirement Items:
- Major:
- eighteen (18) copies of Item B-D
- items E-M and material samples (if applicable)
- Minor:
- eighteen (18) 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).
4. Coastal Permit if applicable.
Structure Relocation
1. Application Form
2. General Requirement Items
- eighteen (18) copies of B and 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
Tentative map/preliminary grading plan
(24" x 36" folded to 8 1/2" x 11")
Each tentative map/preliminary grading 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 oA Oreparation;
(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;
(I ' (11) Approximate contours at 1' intervals for slopes
less than 5%, 2' interVIT slopes between 5% and
10%, and 5' intervals for slopes over 10%. (both
existing and proposed). Existing and proposed topographic
contours within a lO0 foot perimeter of the boundaries of
the site. Existing on-sTf trees; those to be removed and
those to be saved;
(12) Approximate location of existing buildings and
permanent structures and proposed condominium
buildings;
(13) Location of all major 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, commercial, industrial or other uses;
(17) Location of railroads;
(18) Approximate radii of curves of streets;
(19) Proposed name and city tract number of the
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 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.
B. Site Plan (folded to 8 1/2" x 11") shall include the
following information:
- Name and address of applicant, engineer and/or arc-
hitect, 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 diinensionn of spaces,
and wheel stops.
. .
- distances between buildings and/or structures
- building setbacks (front, rear and sides).
- location, height, and materials of walls and fences
- location of freestanding signs
- all driveways to scale on adjacent and across the
street properties for a distance of 100 feet beyond
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:
- 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 A TENTATIVE MAP SHALL
BE SUBMITTED ON THE SITE PLAN.
.C. Preliminary Landscape Plan (24" x 36" folded to 8 1/2" x
11") 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
planting zone
3.. An estimate of the yearly amount of irrigation
(supplemental) water required to maintain each zone.
4. Landscape maintenance responsibility (private or
common) for all areas.
5. Percent of site used for landscaping
.D. Building Elevations and Floor Plans* (24 1lx36" folded
to 8 1/2" x 11")
- 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 PLANS AND EXHIBITS MUST BE FOLDED IN A SIZE NOT
TO EXCEED 8 1/2" x 11".
• . .
E. One (1) copy each of 8 1/2"xll" site plan and elevations.
F. One (1) copy of 8 1/2"x11" location map (suggested scale
200" - vicinity maps on the site plan are not acceptable)
G. Environmental Impact Assessment Form ($175)
H. Public Facility Agreement: 2 copies: One (1) notorized
original, One (1) reproduced copy.
I. Disclosure Statement
J. Property Owners' List and Addressed Stamped Envelopes
(Not needed for Site Development Plan, Special Use Permit,
Planning Commission Determination and Minor Condominium
Permit) 1) a typewritten list of the names and addresses of
all property owners and occupants within a 300 foot radius
of subject property (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
property 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.
K. 300 Foot Radius Map
(Not needed for Site Development Plan, Planning Commission
Determination 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 is impractical.
L. For--residential projects within Vista, Encinitas o n
ieguito School Districts, the applicant shall indicate
e prefers to dedicate land for school facilities,
to pay a fee in lieu thereof, or do a combination of these.
If the applicant prefers to dedicate land, he shall suqgest
the specific land.
For residential projects 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.
M. Preliminary Title Report (current within the last six
months)
N. Proof of sewer availability if located in the Leucadia
County Water District.
0. Colored Site Plan and Elevation Plan (Not required with
first submittal). 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
two days prior to the Planning Commission meeting.
P. Statement of agreement to waive tentative tract map time
limits.
RECORDING REQUESTED *AND )
WHEN RECORDED NAIL TO: )
)
CITY OF CARLSBAD )
1200 Elm Avenue )
Carlsbad, California 92008 )
Space above this line for Recorder's use
Documentary transfer tax: $ yo fee
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. 216-290-27 & 28
AGREEMENT BETWEEN OWNER, DEVELOPER
AND THE CITY OF CARLSBAD FOR THE
PAYMENTOFAPUBLICFACILITIESFEE
THIS AGREEMENT is entered into this 21day of MARCH,
by and between
T'NT GIBRALTAR
(Name of Developer)
a CALIFORNIA GENERAL PARTNERSHIP , hereinafter referred to as
(Corporation, partnership, etc.)_
"Developer" whose address is
1949 GRAND kITE, STE A
(Street)
SAN DIEGO, CA 92109
(City, State, Zip Code)
and PULLMAN ENTERPRISES INC
Name of Leal Owner
a TEXAS CORPORATION_, hereinafter referred to as
(Corporation, etc.)
"Owner" whose address is
4311 LOMA RIVIERA CT
(Street)
SAN DIEGO. CA
(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.
-
PC
REV 4-2-82 -
RECITALS
WHEREAS,-Owner is the owner of the real property described on
Exhibit "A", attached to and made a part of this agreement, and
hereinafter referred to as "Property"; and
WHEREAS, the Property lies within the boundaries of City; and
WHEREAS, Developer has contracted with Owner to purchase the
Property and proposes a development project as follows:
MUTL. FAMILY HOUSING
on said Property, which development carries the proposed name of
GIBftALTAR APARTMENTS
and is hereinafter referred to, as "Development"; and
WHEREAS, Developer filed on the 21 day of MARCH
19 85, with the City a request for PLANNING COMMISSION DETERMINATION
APPROVAL
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
4
4
.
fl
WHEREAS, Developer and Owner have asked the City to find that
public facilities, and services will be available to meet the future
needs of the Development as it is presently proposed; but the
Developer and Owner are aware that the City cannot and will not be
able to make any such findings without financial assistance to pay
for such services and facilities; and, therefore, Developer and
Owner propose to help satisfy the General Plan as implemented by
Council Policy No. 17 by payment of a public facilities fee.
NOW, THEREFORE, in consideration of the recitals and the
covenants contained herein, the parties agree as follows:
1. The Developer and Owner shall pay to the City a public
facilities fee in an amount not to exceed 2% of the building permit
valuation of the building or structures to be constructed in the
Development pursuant to the 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 time. This
• fee shall be in addition to any fees, dedicationsor improvements
required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal
Ccde. Devcloper and Owner shall pay a fee for conversion of existing
building or structures into condominiums in an amount not to exceed 2%
of the building permit valuation at the time of conversion. The fee
for a condominium conversion shall be paid prior to the issuance of a
condominium conversion permit as provided in Chapter 21.47 of the
Carlsbad Municipal Code. CondOminium shall include community
apartment or stock cooperative. The terms "other construction
permits", "other construction permit" and "entitlement for .ise" as
used in this agreement, except in reference to mcbilehome sites or
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REV 4-2-82
. .
projects, shall not refer to grading permits or other permits for the
construction -à.f u.nderground or street improvements unless no other
permit is necessary prior to the use or occupancy for which the
development is intended. Developer and Owner shall pay to City a
public facilities fee in the 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.
2. The Developer and Owner may offer to donate a site or sites
for public facilities in lieu of all or part of the financial
obligation agreed upon in Paragraph 1 above. If Developer and Owner
offers to donate a site or sites for public facilities, the City shall
consider, but is not obligated to accept the offer. The time for
donation and amount of credit against the fee shall be determined by
City prior to the issuance of any building or Other permits. Such
determination, when made, shall become a part of this agreement.
Sites donated under this paragraph 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: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-.
REV 4-2-82
.
.
4. City agrees to deposit the fees paid pursuant to this
agreement in apublic facilities fund for the financing of public
facilities when the City Council determines the need exists to
provide the facilities and sufficient funds from the payment of this
and similar public facilities fees are available.
5. City agrees to provide upon request reasonable assurances to
enable Developer and Owner to comply with any requirements of other
public agencies as evidence of adequate public facilities and services
sufficient to accommodate the needs of the Development herein
described.
6. All obligations hereunder shall terminate in the event the
Requests made by Developer are not approved.
7. Any notice from one party to the other shall be in writing,
and shall be dated and signed by the party giving such notice or by a
duly authorized representative of such party. Any such notice shall
not be effective for any purpose whatsoever unless served in one of
the following manners:
7.1 If notice is given to the City of personal delivery
thereof to the City or by depositing same in the United States Mail,
addressed to the City at the address set forth herein, enclosed in a
sealed envelope, addressed to the City for attention of the City
Manager, postage prepaid and certified.
7.2 If notice is given to Developer by personal delivery
thereof to Developer or by depositing the same in the United States
Mail, enclosed in a sealed envelope, addressed to DevelopE.r at the
address as may have been designated, postage prepaid and certified.
-5-
REV 4-2-82
. S
8. Thieagr.eement 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 deemed to be reference to and include their
respective successors and assigns without specific mention of such
successors and assigns. If Developer should cease to have any
interest in the Property, all obligations of Developer hereunder
shall terminate; provided, however, that any successor of Developer's
interest in the property shall have first assumed in writing the
Developer's obligations hereunder.
At such time as Owner ceases to have any interest in the
Property, all obligationsof 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-th-is
agreement have been satisfied, City shall record a release.
I/I
• •
.••. 1./I. • •
I/I
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REV 4-2-82
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IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
OWNER:
It It
1t4iZ2
.'. A
DEVELOPER:
./
(Name)
çsigature)
(Name)
Siature)
ATTEST:
ALETHA L. RAUTENKRANZ
City Clerk
TITLE ~,Z j?,&h4o&D
BY
TITLE
CITY OF CARLSBAD, a municipal
corporation of the
State of California
BY
City Manager
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.,
City Attorney
ER must be
personally known to me (or proved to me on the basis of satis- factory evidence) to be the person that executed the within
Instrumentas
on behalf
partner(s),
the partnership
therein named and acknowledged to me that the partnership executed It
WITNESS my ha official seal.
SIgnature 44—,4
STATE OF CALIFORNIA Iss. COUNTY OF
On -7 l(44,I .22. / 75 , before me, the undersigned, a Notary Public in and for
said State, personally appeared
b
OFFIVALSEAL
L
DEBORAH A. SMtTh
NOTARY PUSUC CAL WORNtA ___ PR4OP*t occca IN
SAN DIEGO COUNTY
rfl5SIO0 c.ipuea july 5. 1985
(This area for official notarial seal)
. .
EXHIBIT "A"
LEGAL DESCRIPTION
CITY OF
OFFICE
. .
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
)
CITY OF CARLSBAD )
1200 Elm Avenue )
Carlsbad, California 92008 )
Space above this line for Recorder's use
Documentary transfer tax: $ No fee
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No.
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 27 day of December ,
by and between T'NT GIBRALTER
(name of developer-owner)
a A California General Partnership , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is 1949 Grand Ave., Ste. A,
(street)
Sari Diego, Ca. 92109 and THE 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, California, 92008.
W I T N E S S E 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 of City; and
WHEREAS, Developer proposes a development project as follows:
REV 4-2-82
. . on said Property, which development carries the proposed name of
T'NT GIBRALTER
and is hereafter referred to as "Development"; and
WHEREAS, Developer filed on the 27 day of December
1984 , with the City a request for a 24 Unit Apartment Como1ex.
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 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
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 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 recls 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
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 valuation at that time,; This fee shall be in
addition to any fees, dedications or improvements required pursuant
to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer
shall pay a fee for conversion o f existing building or structures
into condominiums in an amount not to exceed 2% of the building
permit valuation at the time of conversion. The fee for a
condominium conversion shall be paid prior to the issuance of a
condominium conversion permit as provided in Chapter 21.47 of the
Carlsbad Municipal Code. Condominium shall include community
apartment or stock cooperative. The terms "other construction
permits", "other construction permit" and "entitlement for use" as
used in this agreement, except in reference to mob.ilehome 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.
REV 4-2-82
.
.
2. The Developer may offer to donate a site or sites for public
facilities in lieu of all or part of the financial obligation agreed
upon in Paragraph 1 above. If Developer offers to donate a site or
sites for public facilities, the City shall consider, but is not
obligated to accept the offer. The time for donation and amount of
credit against the fee shall be determined by City prior to the
issuance of any building or other permits. Such determination, when
made, shall become a part of this agreement. Sites donated under
this paragraph 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 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 fees paid pursuant to this
agreement in a public facilities fund for the financing of public
facilities when the City Council determines the need exists to
provide the facilities and sufficient funds from the payment of this
and similar public facilities fees are available.
5. City agrees to provide upon request reasonable assurances to
enable Developer 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 4-2-82
6. All obligation hereunder shall terminate On the event the
• Requests made by Developer are not approved.
7. Any notice from one party to the other shall be in writing,
and shall be dated and signed by the party giving such notice or by a
duly authorized representative of such party. Any such notice shall
not be effective for any purpose whatsoever unless served in one of
the following manners:
7.1 If notice is given to the City of personal delivery
thereof to the City or by depositing same in the United States Mail,
addressed to the City at the address set forth herein, enclosed in a
sealed envelope, addressed to the City for attention of the City
Manager, postage .prepaid and certified.
7.2 If notice is given to Developer by personal delivery
thereof to Developer or by depositing the same In the United States
Mail, enclosed in a sealed envelope, addressed to 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 or City herein
shall be deemed to be reference to and include their respective
successors and assigns without specific mention of such successors
and assigns. If Developer should cease to have any interest in the
Property, all obligations of Developer hereunder shall terminate;
provided, however, that any successor of Developer's interest in the
property shall have first assumed in writing the Developer's
obligations hereunder.
9. This agreement shall be recorded but shall not create a lien
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
. .
r IN WITNESS WHEREOF, this agreement is executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal
corporation of the
State of California
T I NT GIBRALTER
(name)
BY
Gene ra1_Eartnr
(Title)
BY
BY
City Manager
(Title)
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
(Partnership)
COMMONWEALTHLAND5 STATE OF CALIFORNIA
TITLE INSURANCE COMPANY
CONOF_San Diego
SS.
on December 27, 1984
bef6e me,_the undersigned a Notary Public in and for said State,
personally appeared Michael E. turk
(known to me)
2 —
(or proved to me on the basis of satisfactory evidence) to be OFFICIAL SEAL one of the partners of the partnership FAITH STAGG
that executed the within instrument, and acknowledged to me that NOTARY PUBLIC -CALIFORNIA such partnership executed the same. PRINCIPAL OFFICE IN (
SAN DIEGO COUNTY WITNESS my hand icia seal
My Commission Expires April 27, 1988
Signature
Farm 15 (CA 122) area for official nozi1 seal)
4
EXHIBIT "A"
LEGAL DESCRIPTION
LOTS 383 & 384 OF LA COSTA SOUTH, UNIT NO. 5, IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, MAP $OO, FILEDOR THE OFFICE OF THE COUNTY RECORDER, MARCH 10, 1970.
0
PLANNING APPLICATION CHECKLIST
ITEM REQUIRED ENCLOSED NOT ENCLOSED (WHY)
Tentative Map
A
Site Plan
B
Landscape Plan
C
Bldg. Elevations
D
8½ Site Plan
8½ Location
EIA
G
PFF
H
Disclosure Stmt
I
Property Owners
J
300' Map
K
School Letter
L
Pm
M
Sewer
N
Colored Exhibit
0
Stmt of Agree- rrent
P
RECEIPT NO. DATE
CASE NO.: '(? ) - / DATE RECEIVED: / 7
APPLICNT:c_ 1~
REQUEST:
r/
'- t2e&
VLNL
EXEMPT OR EXCEP1IED:__________________________
Posted: Caipliance: Published:________
Filed: Filed:
NEGATIVE DECL?RATIC:__________________________
Posted: k - Published: )4-10 - 85 Notice of Determination:
ENVIRONMENTAL IMPACT REPORT:__________
Notice of Notice of Notice of
Preparation: Determination:__________
1. Date of Hearing:
2. Publication:__________________________
3. Notice to Property Owners: ____________
4. Resolution No.
(Continued to:__________________________
5. Appeal:
Date:_-g5- ACTION:
t)/I1,1/A)oe. eo,a',y-,r7
C6a1e
CITYCOUNCIL
1. Date of Hearing:_______________________
2. Notices to City Clerk:___________________
3. Agenda Bill:____________________________
4. Resolution No. ACTION:
5. Ordinance No. Date:
Staff Report to Applicant:___________________
Resolution to Applicant:
LOCATION MAP
LA COSTA GOLF COURSE
• LI " -'
•••
G1RALIER SI
V--~
SITE
LA COSTA GIBRALTER PCD-81