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HomeMy WebLinkAboutPIP 87-05; El Fuerte Business Center Lot 14; Planned Industrial Permit (PIP)7 City of Carlsbad 2075 Las Palmas Drive .Carlsbad, CA 92009 (619) 438-1161 - Fee $100.00 PLANNING DEPARTMENT PLANNED INDUSTRIAL PERMIT /L?k.W94R; C &Ld L6cal Facility Maila'gement Zone Assehors Parcel Number '20Nf 5 zoq o& f4 Zone Site Acreage Existing Land Use GFeral Plan P" s-, ss, qN 1.h ?I?OLJ~ 0 Owner Applicant (Print or Type) L'SW &IoPMZev;t- (Lb+w+ Mailing Address 2.071 l?ALOfl*R AIRBoRTAD City and State Zip Telephone CRRcsGnIs, @ip) 93 4-2d 34 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF blY-LEDGE. \ Name (Print or Type) )kv/NEj ch- "r7ff I CERTIFY THAT I AM THE OWNER'S REPRESENTATIVE AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE & E PROJECT NUMBER (SI I V'P 07-5 c- DISCLOSURE FORM APPLICANT: AGENT: MEMBERS: EL FuLIRRTE- 34 s ,/vtFss CENTER Name (individual, partnership, joint venture, corporation, syndication) SA/ 9 TO c NOR y, ~€tP'b~r+&~~~ & 92 E l6 Business Address (w) 7n - 10 11, Telephone Number Wm-rlN v. JW€J Name (individual, partner, joint Home Address venture, corporation, syndication) 5nhG Business Address ('71.1) 6ry-1 YY3 Telephone Number Telephone Number AL#N /3Av/aaN 9 €hEl2roL/) Name Home Address (71Y) 8s~- 4~00 (79 Y9Lf-&JGgf Telephone Number Telephone Number (Attach more sheets if necessary) I/We understand that if this project is located in the Coastal Zone, I /we will apply for Coastal Commission Approval prior to development. I/We acknowledge that in the process of reviewing this application, it may be necessary for members of City Staff, Planning Commissioners, Design Review Board members, or City Council members to inspect and enter the property that is the subject of this application. I/We consent to entry for this purpose. I/We declare under penalty of perjury that the information contained in this disclosure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. BY Agent, Owner, Partner . - "7- . . r""" . , "-.I__"" ," CI_.L. -3. "._ ""- ,"- -. CITY OF CARLSBAD 1200 ELM AVENUE REC'D FROM ACCOUNT NO. AMOUNT DESCRIPTION I I I I -c v .' b RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Allen, Matkins, Leck, Gamble & Mallory 80 2-77 _I ..."-_ I " 18400 Von Karman Ave., Fourth Floor Irvine, California 92715 'RF 6 Attn: Richard E. Stinehart, Esq. MG / .AR fL z DECLARATION OF . PARKING RESTRICTIONS THIS DECLARATION OF PARKING RESTRICTIONS is made by EL FUERTE BUSINESS CENTER PARTNERS, a California limited partnership ("Declarant"), as of the 8th day of June, 1988. A. Declarant is the owner of certain real property in the City of Carlsbad, County of San Diego, State of California, (the "Property") more particularly described as follows: Lot 14 of Carlsbad Tract No. 74-21, in the City of Carlsbad, County of San Diego, State of California according to Map thereof No. 10372, filed in the Office of the County Recorder of San Diego County, April 13, 1982. B. Declarant desires to improve the Property by the construction of a mixed-use project comprised of office, manufacturing and warehouse facilities containing approximately 76,442. square feet of net usable area, as approved by planned industrial permit 87-5 dated January 28, 1988. i i C. As a condition to the issuance of a building permit for the construction of buildings on the Property, the City of Carlsbad (the "City") requires that the various uses for the Property be in such proportion of the total net usable square footage so that -185 parking stalls on the Property adequately serve the parking needs for the Property, based upon the following the parking ratios established by the City of Carlsbad: Off ice: 1 stall per each 250 sq. ft. of net usable area Manufacturing: 1 stall per each 400 sq. ft. of net usgble area Warehouse: 1 stall per each 1000 sq. ft. of net usable area D. In order to ensure compliance with such established parking requirements, Declarant desires to create a covenant and restriction that will burden and run with the Property that restricts the mix of uses so that the application of the parking ratios described above to the actual net usable square footage of office, manufacturing and warehouse uses within the Property will 05000/D2661-001 jw:06/08/88 \ -. not exceed in the aggregate a need for more than 185 parking stalls. NOW, THEREFORE, Declarant hereby declares as follows: 1. Covenant of Restriction. The uses of the Property for either office, manufacturing or warehouse uses shall at all times be in such relative propoitions so that the application of the established parking stall ratios descried in Recital C of this Declaration to the net usable square footages of the uses corresponding to such parking stall ratios will not cause the aggregate parking requirements of the Property to exceed 185 parking stalls. This will require that under no circumstances will the aggregate net usable square footage of premises constructed on the Property and used as offices exceed 36,186 net usable square feet. Notwithstanding the foregoing, if the parking requirements of the City of Carlsbad become less restrictive, or more than 185 parking stalls are established within the Property, the mix of uses may be altered to permit a denser use so long as the parking requirements of the Property, taking into account such less restrictive requirements or the greater number of established parking stalls, are not exceeded. 2. Bindinq on Successors. The restrictions contained in this Declaration shall bind Declarant, its sucessors and assigns. All of such covenants, conditions and restrictions are intended to be and are hereby declared to be covenants running with the land. 3. Enforcement. The City of Carlsbad shall have the right to enforce, by proceedings at law or in equity, the restrictions imposed by the provisions of this Declaration or any amendment hereto, including the right to prevent the violation of the restrictions herein. 4. Amendments. This Declaration may only be amended or terminated by Declarant or its successors-in-interest with the written and acknowledged consent of the Planning Director for the City of Carlsbad. IN WITNESS WHEREOF, this Declaration has been executed by the undersigned as of the date first set forth above. c -2- EL FUERTE BUSINESS CENTER PARTNERS, a California limited partnership By: Davison & Jones El'Fuerte Business Center Partners, a California limited partnership, general partner By: El Fuerte Partners, a California general partnership, general Alan J/ Dafiso8d generaipdrtner By : Martin V. Jones, general firtner . .. , ./‘ .. . b STATE OF CALIFORNIA ) On this /m day of June, in the year 1988, before me, a Notary Public in and for said State, personally appeared Alan J. Davison and Martin V. Jones, known to me (or proved to me on the basis of satisfactory evidence) to be the partners of El Fuerte Partners, a general partnership, said partnership being known to me to be the partner of Davison & Jones El Fuerte Business Center Partners, a limited partnership, the partnership that executed the within instrument, said partnership being known to me to be the partner of El Fuerte Business Center Partners, a limited partnership, the partnership that executed the within instrument, and acknowledged to me that.such partnership executed the same as such partner and that such partnerships also executed the same. WITNESS my hand and official seal. , c 2”- Notary Public -3- ” . LENDER'S CONSENT ! The undersigned, SANWA BANK CALIFORNIA, beneficiary under that certain Construction Deed of Trust? Assignment of Leases and Security Agreement (the "Deed of Trust") recorded Januaw 15 , 1988. as Instrument California, hereby consents to the within Declaration of Covenants, Conditions and Restrictions and hereby subordinates the lien of the Deed of Trust to the provisions contained herein. NO. 88-021675 in the Official Records of San Diego County, SANWA BANK CALIFORNIA, a California corpration By : Its: STATE OF CALIFORNIA ) ) ss. COUNTY OF Orange 1 On this 8th day of June , 1988, before me, the undersigned, a Notary Public in and for said State, personally appeared Jeffrey M. Blm , known to me (or proved to me on the basis of satisfactory evidence to be ~ the . Ass;. Vice President ,- - """" , known to me (or proved to me on the basis of satisfactory evidence) to be the the within instrument, known to me (or'proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument on behalf of said corporation and acknowledged to me that said corporation executed the yithin instrument pursuant to its Bylaws or a resolution of ;hts Boa,q3 o$' Directors. """"- of the corporation that executed - WITNESS -. my hand OFFICIAL SEAL .f I SUSAN R. HEINS My Cmmlssian Exp. Sept 25, 1991' 'I NOTARY PUBLIC. CALIFORNIA . PRINCIPAL OFFICE IN ORANGE COUNpl I and official Count; and State -4- "