HomeMy WebLinkAboutPUD 17D; MEISTER DEVELOPMENT GROUP; Planned Unit Development - Residential (PUD):
;
CITY O_ARLSBAD
1200 ELM AVENUE • CARLSBAD, CALIFORNIA 92008
438·5551
-JhoiBS-RECEIVED FROM ~ l E? \. 4-E='\ Dfl V. DATE
C~'C0P· I / .....'L1'\c.. ADDRESS
A/c. NO. DESCRIPTION AMOUNT
001.-8(0-nO~e~tc\eL'--\.~oJ) C080 I
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46438 TOTAL ~O -
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o Zone Change o General Plan Amendment o Tentative Tract Map
DISCRETIONARY ACI'IOOS -€.~ ..
REQUEST
DSpecific Plan
[]Site Development Plan
-OConditional Use Permit
OVariance ~ajor Planned Unit Develo~nt ~ o Master Plan -(Anlendmen L. )
DMajor Redevelopment Permit
DMinor Redevelopment Permit
[JPrecise Development Plan
[JPlanning Commission Determination
OSpecial Us~ Permit
OStructure Relocation
[)Major Condominium Permit
(check other ooxes if appropriate) DCoastal Permit (Portion of Redevelopmen
Area Only)
Camp ete DescrIptIon 0 ProJect (atta s eets 1 necessary
The applicant proposes a three story office building that
involves an amendment to an approved P.U.D. Ian.
Legal Description (complete)
Parcel 14 in the ~it-of Carlsbad count of
California as shown on the
11457, in the office of the
recorder of said c t
Zone Gener P an
PM PI
map filed in book of arcel maps
Assessors Parcel Number county
210-090-36
ExIstIng Land Use
Vacant
Proposed Zone PropOsed General Plan· Si te Acreage
PM ~I 2± AC
Owner Applicant
Name (Print or Type) Name (Print or Type)
Meister Develo ment Grou Meister Develo ment Grou
aillng Addre~s MaIlIng Address
4 Upper Newport Plaza 4 Upper Newport Plaza
of
at Daqe
City apd State Zip Telephone
(714 )
City and State ZiP. Telephone
(7 ~4)
-Newport Beach, CA 92660 833-:-9_100 Newport Beach, CA 92660 833-9100
I CERrIFY 'IHAT I AM WE LEGAL <l\1NER AND
THAT ALL WE ABOVE INFORMATION IS TRUE en CT 'IO E BEST OF MY KNCMLEDGE.
I CE~IfY 'lliAT I AM 'lliE avNER' S REPRESENTAT
AND 'lliAT ALL WE ABOVE INFORMATION IS TRUE
AND CORRECT 'IO '!HE 'BEST OF MY KNOOEDGE.
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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:
-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
Minor $ 75.00
Tentative Tract Map
1. Application Form
2. General Requirement Items
-,fifteen (15) 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 change
design of subdivision
Major Planned Development (5 or mqre 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
~ddres~es of all tenants of the project, proof of'
notification of the tenants 60 days prior to filing
tentative map.
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
. Corivers ion)
Residential Planned unit Development
$530.00 (50 uhits 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 Resi4ential 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 Deve-lopment Plan
1 •. Application Form
2. General Requirement Items
fifteen (15) 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:
fifteen (15) copies of items B-D
items E-O (items L,M & N ndt required for Special Use
Permit)
T. 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:
fifteen (,15) copies of item Band D (if
applicable)
items E, F, H-K, M, 0
3. Variance Supplemental Sheet
4. Fee: Single Family = $150.00
Other = $420.00
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• • Planning Commission D~rmination
1. Application Form
2. One page statement precisely indicating the
determination 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
J. Application Form
2. General Requirement Items:
Ma~or:
fi teen (15) copies of Item B-D
items E-M and material samples (if applicable)
Minor:
fifteen (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) •
4. Coastal Permit if applicable.
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.QO
NOTE: INCOMPLETE SUBMITTALS WILL PREVENT OR
SIGNIFICANTLY DELAY THE PROCESSING OF A PROJECT
II. GENERAL REQUIREMENTS
A. 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) ef · e, Date 0 preparatlon;
(6) The location, wiqth and proposed names 0-1: 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)' ~ot 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 anq other permanent
physical features;
(11) Approximate contours at l' intervals for slopes
less than 5%, 2' intervals for slopes between 5% and
10%, and 5' intervals for slopes over 10%. (both
existing and proposed). Existing and proposed topographic
contours within a 100 foot perimeter of the boundaries of
the site. Existing qn-site trees; those to be removed and
those to be saved;
(12) Approximate location of existing buildings ahd
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 t distances apd
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
subdivisiop;
(20) Any proposed phasing by units;
(21) Number of units to be constJ;:'ucted 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
otf-street parking and loading areas showing
location, number and typical dimensionn 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"x36" 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".
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E •
F.
G.
H.
I.
J.
• One (1) copy each of 8 1/2"x11" site plan and eleva-tions.
One (1) copy of 8 1/2"x11" location map {suggested scale
2nD" -vicinity maps on the ~ite plan are not acceptable)
Environmental Impact,Assessrrtent Form ($175)
Public Facility ,Agreement: 2 copies: One (1) notorized
orig-inal, 9ne (1) reproduced copy.
Disclosure Statement
Prpperty Owners' List and Addressed Stamped Envelopes
(Not needed tor Site Development Plan, Special Use Permit,
Planning Commission Determination and Minor C9ndominium
Per~it) 1) a typewritten list of the names and addresses of
all property owners and occupants within a 300 foo~ radius
of subject property (incl'uding 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 occupa.nts 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 add,ressed, stamped envelopes of all
existing ,tenants is required.
K. 30Q Foot Radius Map ,
(Not needed for S'i te Developmen't Plan, Planning Commiss ion
Det}ermination aI1d Specia;L Use Permi t) • 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 td the Land Use Planning Manager if'
the required scale is impractical.
L. For residential' projects within Vista, Encinitas or San
,Diegui~o School Districts, the applicant shall indicate ,
whether he prefers to dedicate larid 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 availab;Le and serve the project at time
of need.
M. preliminary Title Report (current within the last six
months) ,
N. Pr.oof of sewer availability if located in the Leucadia
County Wate~ District.
O. Colored Site PI~n and Elev~tion Plan (Not required with
first subrtti t'tal) • It is the Applicant's re.sponsibil i tyto
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 ~he Planning Commission meeting.
P. Statement of agreement to waive tentative' tract map time
limits.
•
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 co~flict 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 corpora~ion
(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.
, • ''I ~..;
If after the
.. t.hat further
AGENT:
t-lEHBERS:
information you have submitted has been reviewed,
info~tion4it required, you will be so advtled-
it is deterrul.J;ted
Meister Development Group, a corporation
Name (individual, partnership,. joint venture, corpor~tion. syndication)
4 Upper Newport Plaz,a, Newport Beach, CA 92660
Business Address
(714) 833-9100
Name,_
Busines.s Addr,es.!ji
Telephone Number' .'
John M. Martin, Pr~sidesnt and Chief,Executive Officer
Name '(inqividual, partner, joint. " Home ~.ddress
venture, corp~ation, syndication)
# 4 Upper Newport Plaza, Newport Beach, Ca. 92660
Business Address
, 714/833-9100
Telephone N~~r Telephone Number
Jeanette Engel, Vice President, t·1a.nager, Commercial Division
Home Addr.ess
# 4 Upper Newport Plaza, Newport Beach, Ca. 92660
3~siness Address
714/833"'~100
Telephone Number Telep~ne ~lu."nber
(Attach more sheets if necessary}
liNe 9,ecla=e 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'
re~ied upon .as being true and correct until a~ended.
-~, .r-~_.
B S'"f. V. f'..
Agent, ~~ner, Par~n~r Christopher Call
•
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 ey
the City may exceed the time limits, therefore the un rsigned
agrees to extend the time limits for Planning Comm' . ion and
City Councdl action and fully concurs with any. '~nsions of
time up to one year from the date the applic~if{on was accepted
as complete to properly review all of the !,,~Pi?lications.
//-
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4 Signature f"/o Date ~/
Name (Print)
t:f!/ .,(>,"
FORM: PLANNING 37, REVISED 3/80
Relationship to Application
(Property Owner-Agent)
.~ -R-tCORDING REQUESTED BY .,
'WHEN" RECORDED MAIL TO:
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California Q200B
)
)
)
)
)
)
Spa c e abo v e t"h is lin e for Recorder's
Documentary transfer tax: $ No fee
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No.
use
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AGREEMENT BETWEEN DEVELOPER-OWNER
AND "THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this ~day of January 19&..
by and bet wee n ______ M...;e;..l_" .-s...;;;t;...;e;;.;;r~.;:;D...;;;e;;..v.;....e;;:;;...;;;l;.;:o~p.;;.;m:.:;L;.:::e;.:;n.:.t=_..;:G;.:;r;:..;o"'"u.:::·;J;:p'__ ___________________________ _
(name of developer-owner)
a corporation , hereinafter referred to as
(Corporation, partnership, etc.)
IIDeveloperll whose address is
, (streed
4 Upper Newport Plaza
Newport Beach, CA 92660
(City, state, zip code)
and Tt.:{E CITY OF
CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as IICi tyll, whose address is 1200 Elm Avenue,
Car 1 s bad, Cal i for n.i a , 9 2 0 0 B •
WIT ~ E SSE T H:
WHEREAS, Developer is the owner of the real property described
on Exhibit IIA:, attached hereto" and made a part of this agreement,
hereinafter referred to as IIPropertyll; and
WHEREAS, The Property lies within the boundaries of City; and
WHEREAS, Developer proposes a development project as follows:
TIle applicant proposes a three stOry office building that involves an amendment to
an approved P.D.D. plan.
REV 4-2-82
on said Property, which~velopment
N/A
carries the prJltsed name of
and LS hereafter referred to as "Development"; and
WHEREAS, Developer filed on the
1q 85 , with the City a request for
development amendment
29 day 0 f January ----
major planned unit
hereinafter referred to as "Request"; and
WHEREAS, the Public Facilities Element of the City General Plan
requ~res that the City Council find that all public facilities
necessary to serve a development will be available concurrent with
need or such rlevelopment 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 serVlces are at capacity and will not be available to accommodate
the addi~ional need for public facilities and services resulting from
the proposed Development; and
WHE~EAS, 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.
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REV 4-2-82
NOW, THEREFORE, ieonsideration of the recites 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 t~e
bu,ilding 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 0 f existing building or sFructures
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 Reque~t. 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.
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REV 4-2-82
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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 u:
sites for public facilities, the City shali 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 p~rmit or entitlement for use shall be issued
until the public facilities fee required by this agreement lS 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.
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REV 4-2-82
All Obligations4llreunder shall terminate ittthe event the
Requests made by Developer are not approved.
7. Any notice from one party to the other shall be Ln writing,
and shall be' dated and signed by the party gLvLng 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 LS gLven to the City of personal delivery
thereof to the City or by depositing same Ln the United States Mail,
addressed to the City at the address set forth herein, enclosed Ln a
sialed envelope, addressed to the City for attention of the City
Manager, postage prepaid and certified.
7.2 If notice LS given to Developer by personal delivery
thereof to Developer or by depositing the same Ln the United States
Mail, enclosed Ln 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 assLgns
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.
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REV 4-2-82
IN WITNESS WHEREOF, this agreement 1S executed 1n San Diego
County, California as of the date first written above.
DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal
corporation of the
State of California
MEISTER DEVELOPMENT GROUP B~n~ BY
----~~--~----------------------------------
4. yJte .JJr~.s'/i!?nT City Manager
[T it 1 e.J
BY c::
(Title)~ .
ATTEST:
ALETHA L. RAUTENKRANZ, City Cl~rk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.,
City Attorney
(NQ.t.g.r i a 1 ac k n.
attached. )
REV 4-2-82
I
STATE OF CALIFORNIA 0 Iss.
COUNTY OF range I
on~anuar_y~.9.~_J..9BE-_ __ , before me, the undersigned, a Notary Public in and for
said State, personally appeared ____ .C.hri S tQQ.h~r_C~ 11 . ______ and
J:lars ha _lallQne . __ ._, personally known to me (or proved to me on the I
basis of satisfactory evidence) to be the persons who executed the within instrument as_Senio.r---.--
Vi ce President and...Ji C~_Ere$iQ.~_ntgec~eMr.bn feig~6tci a 1 Offi cer
r·lei ster Devel.o.p.menLGrQup. ____ .
the corporation therein named. and acknowledged to me that
such corporation executed the within instrument pursuant to its
by-laws or a resolution of its board of directors.
Sig~ -. ~~~ WITNESS~h,"d .od om"., ".,. f_
--.' (J -7
OFFICIAL SEA-L~
INGA DE SIMONE i
NOTARY PUBLIC -CALlFOR:':;" i
ORANG~ COUNTY ! l'=.:;:=v"""",==;:=vr;=-!y;:;c",,:J,-,,:::_O"-m..~i~~
(This area for oftic.;ial notarial seal)
• EXHIBIT "A"
LEr.AL DESCRIPTION
Parcel 14, in the city of Carlsbad, county of San Diegof
state of California, as shown on the map filed in the book
of parcel maps at page 11457, in the office of the county
recorder of said county.
AGREEMENT TO CONVEY EASEMENT
THIS AGREEMENT TO CONVEY
and entered into as of this
and between the CITY OF CARLSBAD,
corporation ("City"), and MEISTER
corporation ("Meister").
EASEMENT ("Agreement") is made
day of , 1985, by
a California municipal
DEVELOPMENT GROUP. a California
R E CIT A L S:
A. Meister desires to develop certain real property
("Property") located within the corporate limits of City, said
Property being more specifically described in Exhibit "A",
attached hereto.
B. The Property borders on a street within the
corporate limits of City ("Street"), and th~ development plans of
Meister contemplate access to the Street.
C. It being the policy of City to limit the
proliferation of driveway accesses to the Street and other
streets of City, the Planning Commission ("Commission") of City
passed Resolution No. 2433 (attached hereto as Exhibit "B"),
which approved Meister'S development plans, subject to certain
conditions, one of which (Condition No. 33) requires Meister to
enter into an agreement with City to grant the owner ("Adjacent
Owner") of adjacent property to the north ("Adjacent Property"),
access over a portion ("Subject Portion") of the Property for the
purposes of a joint driveway. The Subject Portion is more
particularly described in Exhibit "C" attached hereto.
NOW, THEREFORE, for good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, City and
Meister agree as follows:
1. In the event that the City Engineer ("Engineer"),
or the City Planning Commission ("Planning Commission") or City
Council ("Council") determines at some later date, not to be
beyond the term of this Agreement, that the development of the
Adjacent Property requires joint driveway access because there is
insufficient alternate access or because it is determined that
joint driveway access would better serve the public interest than
separate driveways, then Meister shall grant an easement
("Easement") to Adjacent Owner over the Subject Portion to make
such joint driveway access possible, subject to the terms of this
Agreement.
0058U/MS5l9-003
dla:12/06/85
2. The City's determination that such joint driveway
access is required shall be in the sole discretion of the
Engineer, Planning Commission or Council.
3. The Easement shall be located on the Subject
Portion and shall be substantially similar in form and substance
to the grant of easement attached hereto as Exhibit "D".
(a) It is agreed that the plans of Meister for the
construction of the driveway which is the improvement
contemplated upon the Subject Portion have been approved and
that if, in the discretion of the Engineer, the future
development of the Adjacent Property requires additional
access, such access shall not be required over any portion of
the Property, and the expense of the construction of such
additional access shall be borne entirely by the Adjacent
Owner. Additionally, in no way shall the additional access
be situated so as to cause a reduction in parking spaces on
the Property.
(b) The easement shall be granted subject to the
terms set forth in Exhibit "D" and shall specifically provide
that:
(i) Adjacent Owner shall pay one-half (1/2)
of any maintenance applicable to the maintenance and
upkeep of the driveway;
(ii) Adjacent Owner shall reimburse Meister
for one-half {1/2} of the expense of the construction of
the driveway; and,
(iii) Adjacent Owner shall indemnify and hold
Meister harmless against and from any and all claims for
injury or death to persons, or damage to, or loss of,
property arising out of its use, operation or
maintenance of the Easement or any improvement thereon,
or the use, operation or maintenance of the Easement or
any improvement, thereon by Adjacent Owner's officers,
agents, employees, invitees, permittees, lessees,
successors or assigns.
4. It is agreed that Adjacent Owner is not a third
party beneficiary of this Agreement, which Agreement is solely by
and between Meister and City.
5. The term of this Agreement shall be twenty (20)
years. If at the expiration of said twenty (20)-year term, the
City has not made a determination that the development of the
-2~
'" \'
Adjacent Property requires joint driveway access, this Agreement
shall expire 'and be of no legal effect.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement as of the day and year first-above written. ,
MEISTER
Califor
By:
It
By:
Its:
CITY OF CARLSBAD, a California
municipal corporation
By:
Its:
By:
Its:
-3-
;
"
LEGAL DESCRIPTION OF MEISTER'S PROPERTY
Parcel 14 in the City of Carlsbad, County of San Diego, .
State of California, as shown in the map filed in Book
of Parcel Maps at page 11457 in the office of the County
Recorder of said County.
EXHIBIT "A"
-4-.
> ,
PLANNING APPLICATION CHECKLIST
ITEM REQUIRED . ENCLOSED NOT ENCLOSED (WHY)
'Ientati ve Map
A
Site Plan ~ ~ B .....-
Landscap: Plan .,/ ~ C
-----Bldg. Elevation~ ~ ~
D
../ /
8~ Site Plan -:7 V
E ,/ -
8~ Location // ~ F
EIA // $/r G
PFF / (~
H /'
Disclosure StInt // ~ I
Prop:rty ONners / / J .-/ ./
300' Map ~ / K
/
School Letter ~ /f//If/, L
PTR /----
t / M
Sevver ~ ;v/!l-N ---Colored Exhibit / L/I/22--n-0
Stmt of A~t
P
~ECEIPT NO. rt YJ ~ . DATE· f10/er
I / lL-----
Meister Development Group
4 upper Newport Plaza
Newport Beach, CA 92660
(
.'
-
• •
CASE ro.: ~ L/P-/7 (D) DME ROCEIVED: / /30 / g 5
)
APPLICANT: h1~ ~
REWEST: 3~. ~~ ,~ -p~ Ill--~ "
:ENVI~
EXEMPT OR EXCEPTED: ---------------------------
Posted: Prior Compliance: ________ _ Published: -----------------------
Filed: _________ _ Filed:
NEGATIVE DECIARATICN: ________________ _
Posted: Published: -------Notice of Detennination : _____ _
:ENVI~ IMPACT REPORT: Notice of --------~No:--:-ti ..... · ce--o-;:f:---Notice of
Detennination: Preparation: Completion: ________ _ ------
PIANNmG CCMoITSSICN
1. Date of Hearing: 1-';:24 -~5
2. Publication: 1-/.3-2S
3. Notice to Property CMners: 4 -Id -~5
4. Resolution No. ex </33
(Continued to: -----------------
!"i. Appeal:
CCT~ COUNCIL
1. Date of Hearing: ___ ....I.~~L:....,B.~I-------
2. Notices to City Clerk: __ hj~Lc..,I!d:~~----
3. Agenda Bill: ______________ _
4. Resolution No. ___________________ __
5. Ordinance No. _______________ _
CORRE:3PaIDENCE
Staff Report to Applicant: __________ __
Re301ut:ion to Applicant: ____________ _
Date: J.;;ul-~S ACTION: /)pp CQ()e.d
a.J /&ndtft ~ n .
mod/-h~r;
Date: ACTION: -----------
Date: --------
Iii