HomeMy WebLinkAboutPUD 23; ROMBOTIS; Planned Unit Development - Residential (PUD)e'~ No. lSi. ' ~"1 Date App1e,tion Receiv~ "')' " 97t1Jf/-;IT~~ --II If r (j ~Jir
(Please Print)
PLANNED UNIT DEVELOPMENT
CITY OF CARLSBAD
1. REQUES1": Planned Unit Development for 7 units 0n -___ 1..--__
property of approxi rna tel y _~, .. 02
-'---""'------acres.
2. " LOCATION: The subject property is generally located on the
_W_e_s_t_e_r_l~y--:..._side of Valencia Avenue between Park Drive and
Sevilla vi ay
3· ASSESSOR'S NUMBER: portion of
Boo k 202 P age 100 Par c e 1 51
Book ---Page __ _ Parcel -----(If more, please list on
bottom of page).
4. OWNER(S) OR PRINCIPLE OF CORP. ___ L_._·_R_ .. _P __ ar_t_n_e_r_s_h~ip~,_P~ .. _O~e~B~ox=._
1155, Carlsbad, Ca& 92008 729-7911 ---------------------~.---------~----.-~---~~--address zip phone name
5. Person responsible for preparation of Plan: ____________ ___
6.
Raymond R.. Ribal
name 270 Se Brea Ste 203, B~ea, Ca. 92621 529-4991 address ZlP phone _ .
Registration or License No: ____ ~R=E~1_1~3~6~ ________________ __
APPLICANTS SIGNATURE:*
I hereby declare that all information contained within this
application is true; and that all standard conditions as
indicated on the attachment have been read, understood and
to.
Address Phone
.. 7 ).t(-7e?11
*Note: If the applicant is an agent to the property owner, a
signed and ~otarized letter authorizing the applicant to
represent the prpperty owner must be submitted with the application.
The City of Carlsbad Planning Department would appreciate the
opportunity to work with the applicant throughout the Planning
Stages of the proposed development. In an effort to aid the
applicant, the Planning Department requests that it be given
an opportunity to evaluate and discuss the application and plans
prior to submitta1. This request is not a requirement; however,
it may avoid major redrafting or revision of the plan which only
serves to lengthen the processing time.
ATTACHMENTS:
Supplemental Information Form -Planning 20
Standard Conditions -Planning 27
Preparation Check List -Planning 3"2·
Procedures -Planning 36
FORM Planning 6 __ .~_ Date of Planning Commission Approval ____ _
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SUPPLEMENTAL INFORMATION FORM
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SPECIFIC PLAN/MASTER PLAN/TENTATIVE SUBDIVISION MAP/SPECIAL USE PERMIT/
PUD/ CONDOMINIUM PERMIT/PRECISE DEVELOPMENT PLAN/SITE DEVELOPMENT PLAN.
1) Gross Acres (or square footage if less than acre) __ 2~O~ Acres
2) Number of Lots or Units 7
3) Type of Development Residential
Residential, Commercial, Industrial
4) Present Zone P.o. Proposed Zone
(If change requested)
5) General Plan Land Use Designation Residential ----~~~~~~~--------.------------
6) Source of water supply ____ ~O~i~t~y~o~f~C~a~r~l=s=b~a=d ______________________ -----
7) Method of sewage disposal ~C~i~t~y~o~f~C~a~r=l=s~b~a~d~ ________________________ ___
8) Types of Protective Covenants to be recorded See attached proposed
OC&R's
9) Transportation modes available to service the development
North County Transit District bus servicee
10) School District(s) serving the property Carlsbad Unified School
District
.
11) If your project is for or anticipates being for more than 50 res-
idential units do you prefer to dedicate land ____ ~N~/~A~ ______________ _
pay fees . , , or a combination thereof
12) Methods proposed to reduce sound levels None Needed.
13) Methods proposed to conserve energy Low flow faucets, low flow
shower'heads, full exterior insulation of walls and ceilin~areas,
electro-spark ignitors (no pilot light) on furnaces and cooking appliancese
Full weaterstripping of exterior doors.
Additional sheets may be attached if necessary to answer any of the above
questions.
:b"OR1-1 PLANNING 20 -February 1, 1979
" . STANDARD 'lNDITIONS •
CITY OF ~ARLSBAD
SPECIFIC PLAN/CONDITIONAL USE PERMIT/
VARIANCE/PLANNED' UNIT DEVELOPMENT/
SITE DEVELOPMENT PLAN/SPECIAL USE PERMIT
COIiDOiviII~IUt1 PER;·jIT /PRECISE DEVELCPi·iENT PLAN
Development shall meet all requirements of the subdivision, zoning.
and building codes, laws, ordinances or regulations of the Clty of
Carlsbad, and other governmental agencies. Some of the more pertinent
requirements and procedures of the City. are listed below for your in-
formation and concurrence. Please read this list carefully and feel
free to ask for further information or explanation. ~
1) All conditions for Conditional Use Permit, Variance, Planned'
Unit Development and Special Use Permit shall be completed and
the project commenced within 18 months from final City action,
unless otherwise stated as part of the approval. There is no
time limitations for Specific Plans unless required as part
of the approval.
2) Development shall substantially conform to the approVed plan.
3) All public improvements shall be made in conformity with City
Standards, to the satisfaction of the City Engineer, without
cost to the City of Carlsbad and free of all liens and
encumbrances.
4)
5)
6)
7)
9) .
10)
11)
12 )
Prior to any construction, the applicant shall submit plans
to the appropriate entity providing domestic water to the
proposed development, for its approval of the location, type
and adequacy of water lines.
Prior to any construction, the applicant shall obtain approval
from the City Fire Department of the location and size of
fire hydrants.
The applicant shall install all required fire hydrants and
dry-stand pipes prior to framing construction, and said fire
appurtenances shall be functional prior to commencing such work ..
Street trees, as required by the City, shall be installed by the
applicant at applicantls expense. Trees shall be of a type
approved by the Parks Department and shall be installed to their
specifications. If removal of any existing trees is required
by the City, said removal shall be at the applicant1s expense.
It shall be the responsibility of the applicant to make all
arrangements with the Parks Department concerning the require-
ments of this condition.
A detailed grading plan. which includes proposed drainage
and erosion control landscaping or other measures such as
desilting basins shall be approved by the City Engineer.
Immediately after grading, erosion control landscaping and/or
other measures such as desilting basins shall be installed.
This control may be the final landscaping if so approved.
A detailed landscape and sprinkler plan shall be submitted
for Planning Directorls approval for all graded slopes 51
or greater in height and any other areas required by law.
Prior to final building inspection clearance, all landscap-
ing and irrigation systems shall be installed or adequate
bonding accepted. Said landscaping shall be maintained in
a manner acceptable to the Planning Director.
No signs or advertising of any type whatsoever shall be erected
or installed until plans thereof have been approved by the City
of Carlsbad.
As part of the approval process, the City may modify these conditions or
add others, especially those of a more specific nature. The applicant
will be notified of these modifications or additions by Resolution.
Form Planning 27 /Date of Planning Commission Approval
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PREPARATION CHECK LIST
CONDITIONAL USE PERMIT/VARIANCE
PLANNED UNIT DEVELOPMENT/SITE DEVELOPMENT PLAN
. CONDOMINIUM. PERMIT /SPECTAIJ USE PERMTT
A. DQcuments Required for Submittal:
~) Application with supplemental sheet completed. ~Standard ~ondition list~
3) Photostatic copy of deed with complete legal description of subj ect
property or other form of description acceptable to the Planning
Director.
4) Thirteen (13) blueline prints of the plan for all applications'
except a PUD which requires 18 prints, Minor Condo permits which
require 3, and Major Condo permits which require 18. Maps must be
folded in a size not to exceed 8~ x ~l.
REQUIRED PLANS ARE AS FOLLOWS:
.' CUP and Variance: Site Plan*
PUD: Site Plan*, building elevations, landscape plan, cross section
of proposed grading.
SDP: Site Plan*, building elevations.
CONDO PERMIT: Site Plan*& building elevations, landscaping plans.
SUP: Site Plan*, grading plan.
*Site Plan as a minimum shall contain all property lines, building
locations with horizontal dimensions, driveways, and parking stalls
with dimensions, location and dimensions of landscaping.
5) .Environmental Impact Assessment or Report with fees (if required) 0
6) Fee: Conditional Use PeFmit, Variance, and Special Use Permit -
$50.00.
Planned Unit Development -$50.00 + $1.00 per unit.
Amendments for PUD's -$50.00 + $1.00 per unit within
area being amended.
Site Development Plan -$25.00
Condominium Permit -$50.00 + $1.00 per unit within area
being amended.
7) 300 Foot Radius Map -(Not needed for Site Development Plan,
Special Use Permit and Minor Condominium. 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 Planning Director if the required scale is
impractical.
8) Property Owners and Occupants List: Two copies of a typewritten
list of self-adhesive (Avery) labels of the names and addresses
of all persons owning property (as shown on the latest equalized
assessment roll) and persons in possession, if different, within
a 300' radius of the exterior boundaries of the subject property.
The latest equalized assessment roll is available in the Office
of the Assessor of San Diego, 1600 pacific Highway; Room 103,
San Diego, California; telephone 236-3771.
Conversion to Condominiums: In addition to the above property ~
owners list, the application shall include a list (prepared as
above) of names and addresses of all tenants of the units to be
converted to condominiums.
9) Disclosure Statement.
FORM 32 PLANNING Page One
· " -, 10) A written statement by the City Engineer that he finds there
is adequate sewer capacity available for the proposed use at
the site or that he finds that the proposed use and site can
be adequately served by alternative city approved onsite sewer
system. Applicant, please note, this determination mus't be
done prior to submitting application and it may require
'preparation on your part to provide sufficient evidence to
the City Engineer. It is suggested you make early contact
with the,Engineering Department for such determination.'
11) Foi residen~ial projects within Vista, San Marcos, Encinitas
or San Dieguito School Districts, the applicant shall indicate
whether he 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'suggest
the specific land. .
\ For residential projects within the Carlsbad Unified School
District, the applicant shall submi~ written confirmation that
',' school facilities will be available and serve the project at
time of need •
12) 'Public facility Security Agreement: Secured agreement with
application SUbmittal.
13) I copy of colored site plan 'and elevation plans.
14) Reduced 8~"xll" site plan and elevationso
15) 8~"xll" Location"Map.
B) Drafting of Plan
1) Sheets to be 24"x36" with 1" border (standard "D" size).
2} Scale 'to indicate: 1" = 10' is generally sufficient; however,
the scale is to be appropriate for sheet size.
3) North arrow oriented to top or l,eft side of sheet.
4) Lettering must be legible. It is preferred that it be
drawn by mechanical means, in ink, and heavy upper case.
5) Location map showing the distances to the center line of the
nearest intersection.
6) Title block with name and address of applicant and drafter,
and pertiBent information such as uses, total acreage and
date prepared.
C} Information on Plan
1) Proposed a?d existing structures:
a) Proposed use of all structures (in general land use
terms) .
b) Building dimensions, setbacks and distances betvleen
buildings.
c) Type of construction proposed. ,
d) Identification of fire rated walls and fire sprinklers
systems.
e) Height and number of stories.
f) Gross floor area per structure.
g) Proposed changes and addi,tions to existing buildings.
2) Existing and proposed right-of-way, public and/or private:
FOR~ 32 PLANNING
Page 2 Page Two
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a)
b)
c)
d)
Distance from property line to center line of right-
of-way.
widths of right-of-way.
Location of existing and proposed sidewalks and curbcuts.
Easements, type and location.
3) Parking:
a) Locat~on, size and numbered consecutively
b) Identification of loading zones.
c) Dimensions of driveways.
4) Landscaping: .
a) Existing and proposed trees in the public right-of-way.
b) A schedule showing types, size and location of all
plant materials proposed on site.
c) Indicate a permanent watering system for all landscaping
areas by showing the location of water lines.
st Refuse pickup areas (not required for detached housing projects).
6) Signs:, Size, location and height of existing and proposed signs.
7) Lot lines and dimensions.
8) Location of watercourse or areas subject to flood.
-9) Location of proposed storm drains or other means of drainage
(grade and size).
10) ~Topographic contours at two feet intervals, with indication
of manufactured slope.
11) Cross section of proposed grading. Existing contours and
proposed graded contours for all grades nf 4:1 or greater
shall be shown. ' •
12) Delineation of development phasing.
D) Miscellaneous Information for Planned Unit Development and
Condominium Permit Applications.
1)
2)
3)
FORM 32
Page 3
Document explaining who shall be responsible for maintaining
open common areas and how maintenance is to be performend.
Document explaining special development standards requested.
For custom horne Planned unit Development, all development
standards listed in Section 21.45.120 shall be included.
Elevation of proposed buildings (not required for custom
horne PUDS) "
Page Three
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PROCEDURES
1) Applica'tion to Planning Conunission: In an effort to aid the
applicant, the Planning Department requests that it be given an
opportunity to evaluate and discuss the application in its various,
stages of development prior to submittal. It is more effective if
applicant meets directly with staff; however, written or telephone
communication is acceptable. It is the responsibility of the
applicant to make the initial contact for such meeting.
2) Submittal: Application will be accepted only if the application,
plans and other pertinent materials are included.
3) Review: After accepting the application staff will submit it to
the department review board (DCC) to ascertain if further information
is necessary. Staff will attempt to conclude this review within
two weeks, but in no case shall the review period be longer' than
30 days from receipt of application.
4) Notice; Upon completion of the application review, the applicant
will be informed by letter if further information is required if
any, or if the application is complete what date it will be heard
by the Planning Commission.
5) Planning Commission Calendar: The Planning Commission adopts an
annual calendar that indicates application closing dates, staff
review dates, a staff recommended review dates as well as Planning
Commission hearing dates. The date your request will be heard is
selected from this calendar. You may acquire this calendar at the
P,lanning Department.
6) Staff Review: Staff prepares a report for the Planning Commission .
. This report is reviewed by the Departmental Coordinating Committee
(DCC) , which is made up of representatives from the departments of
Planning, Engineering, Fire, City Manager and other as may be
necessary. You are invited to this meeting to explain the project
and respond to staff recommendations. Upon completion of this
review, staff will prepare final staff recommendations to be sub-
mitted to the Planning Commission. The final report with rec-
ommendations will be available at the Planning Department five days
prior to the Planning Commission hearing (Friday afternoon prior to
the Planning Commission meeting date) .
71 Hearing: The Planning Commission meets every 2nd and 4th Wednesday
of the month at 7:00 P.M., or as indicated on the Planning
Commission calendar. Depending on the type of application, the
Planning Commission will either make a recommendation and forward
to City Councilor take final action.
8) Appeals: Final actions by the Planning Commission may be appealed
to the City Council, provided such appeal is filed within ten
~O) days after the Planning Commission action. The applicant
should review with staff the procedure on the various types of
applications.
9} Final Decision: The City will notify the applicant and property
owner of the ~inal decision.
FORM: PLANNING 36 'DATE OF PLANNING COMMISSION APPROVAL DEC. 6, 1978.
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APPLICANT DISCLOSURE FORM
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In order to assist the members of the Planning Commission and City Council
to avoid possible conflicts of interest, all applicants are required to
complete this disclosure form at the time o'f submitting their application.
When this form has been completed 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 general 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 share-
holders 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 syndicate address, and the full names and addresses of
each individual shareholder or syndicate member. Should the corporation be
a publically held corporation, then state the full name and address of the
corporation, the place of its incorporation, numbe~ 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.
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/ .... M:_~' _ • ..--., ... ~~ ....... ~ .. ~ ... _4:.' .. ';& _____ ;.;. .......... : ...... -:... _~ ...... ~_" ___ ... "',::,~w, ...l--' .• _c; ~ --.-:..---. ".---,/ " . .......... ' \
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If after the information you have submitted has been reviewed, it is determined
that further information is required, you will be so advised.
APPLICANT:
AGENT:
MEr<lBERS :
L. R. Partnership
Name (individual, partnership, joint venture, corporation, syndication)
P. o~ Box 1155, 325 Elm Avenue, Carlsbad, Ca. 92008
Business Address
729-7911
Telephone Number
Kamar Construction Co., Jerry L. Rombotis
Name
P. O. Box 1155, 325 Elm Avenue, Carlsbad, Ca. 92008
Business Address
7a9-7911
Telephone Number
Robert L. Rombotis
Name (individual, partner, joint
venture, corporation, syndication)
2341 Nicklaus, Oceanside
Home Address
325 Elm Avenue, Carlsbad, Cae 92008
Business Address
729-7911 4-33-3130
Telephone Number Telephone Number
Jerry L. Rombotis 1730 Calavo Court, Carlsbad
Home Address Name
325 Elm A .... enue, Carlsbad, Ca .. 92008
~usiness Address
729-7911 729-5080
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.
rl
RECORDING REQUESTEDIY
AND WHEN RECORDED MAIL TO
NAME: I
ADDRESS Carlsbad Unified School Dis •
801 Pine Avenue CITY 81 .
STATE Carlsbad, California 92008
ZIP LAttn: Robert A. Crawford-.J Superintendent
Title Order No. _____ Escrow NO. ______ 1
•
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DEED OF TRUST AND ASSIGNMENT OF RENTS
BY THIS DEED OF TRUST. made this 3rd day of September , J 9 80 ,between
L. R. PartnershiPt a Limited Fartnership
J herein called Trustor, whose address is
P. 0., Box 1155i Carlsbad, California 92008
(number and street) (city) (state zip)
and SAFECO TI'l'LE INSURANCE COMPANY, a California corporation, herein called Tmstee, and
Carlsbad Unified School District , herein called Beneficimy,
Trustor grants, trans'fers, and assigns to trustee, in trust with power of sale, that property in
. San Diego County, California, described as:
Legal description attached hereto marked Exhibit "A" and by this
reference made a part hereof:
This Deed of Trust is subject to that certain agreement executed on
by and betvleen Leo R .. Partnership and Carlsbad
Unified School District, attached hereto ..
Trustor also aSllign!!! to Beneficiary all rents, issues and profits of said realty reserving lhe right to collect and use the same
except during continuance of default hereunder and during continuance of such default authorizing Beneficiary to collect and
enforce the same by any lawful means in the name of any party hereto.
For the purpose of securing:
(l) Payment of the indebtedness by one promissory note in the principal sum of $ 7,203.00
of even date herewith, payable to Beneficiary, and any extensions or renewals thereot; (2) the payment of any money that
may be advanced. by the Beneficiary to Trustor, or his successors, with interest thereon, evidenced by additional notes
(indicating they are so secured) or by endorsement on the original note, executed by Trustor or his successor; (3) performance
of each agreement of Trustor incorporated by reference or contained herein.
On October 25, 1973, identical fictitious Deeds of Trust were recorded in the offices of the County Recorders of the Counties
of the State of California, the first page thereof appearing in the book and at the page of the records of the respective County
Recorder as follows:
COUNTY Book Page COUNTY Book Page COUNTY Book Page'
Alameda 3540 89 King2 1018 394 Placer ll528 440
Alpine 18 753 Lake 743 552· Plumas 221 443
Amadox 250 243 Lassen 271 367 Riverside 1973 139405
Butte 1870 678 Los AngElles 1'8512 751 Sacramento 131025 59
Calaveras 368 92 Madera 1176 234 San Benito 386 94
Colusa 409 347 Marin 2736 463 San Bernardino 8294: 871
Contra Cost(E '1071 178 MariposC( 143 117 San Francisco B820 585
Del Norte 174 526 Mendocino 942 242 San Joaquin 3813 6
EI Dorado 1229 594 Merced 1940 361 San Luis Obispo 1150 491
Fresno 6227 411 Modoc 22,5 668 San Mateo 6491 600
GleIlIl 565 290 Mono 160 215 Sama Barbara 2486 1244
Humboldt 1213 31 Monterey 877 243 Santa Clara 0623 113
Imperial 1355 801 Napa 922 96 Santo: Cruz 2358 144
Inyo 205 660 Nevada 665 303 Shasta 1195 293
Kern 4809 2351 Orangs 10961 398 Sier.c(l 59 439
COUNTY
Siskiyou
Solano
Sonoma
Stanislaus
Sutter
TehamQ:
Trinity
Tulare
Tuolumne
Ventura
Yolo
Yuba:
San Diego
Book Page'
697 401
1860 S81.
2810 !175 2581 332
811 182
630 522
161 393
3137 561
396 309
4182 662
1081 335
564 163
File No.
73-2995£8
The provisions contained in Section A, including paragraphs 1 through 5, and the provisions contained in Section B, including
paragraphs 1 through 9 of said fictitious Deeds of Trust are incorporated herein as fully as though set forth at length and in
full herein.
The undersigned Trustor requests that a copy of any notice of default and any notice of sale hereunder be mailed to Trustor at
the address hereinabove set forth, being the address designated for the purpose of receiving such notice. .
STATE OF CAUFORNIA, } SS ..
COUNTY OF
On , before me, the
underSigned, a Notary Public in and for said County and
Slate, personally appeared
, known to me
to be the person (s) whose name (s) is (are) subscribed
to the within instrument and acknowledged that
executed the same.
L-92 (G.S.) (Rev. 10-73) (8 pt.)
L. R. Partnership, a Limited
Partnership
By James v. Jensen
By
Jack D. Cox
FOR NOTARY SEAL OR STAMP
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-~I ,.., Speediset ® MoorelBusiness Forms, Inc.oS
.. -.--~--.... -. -.-" .---._-----.~ ._------_.---, -._--_ .. -_ .. ------' ---:
DO N<;>T DESTROY THIS NOTE: Wh~n paid, this note, with Deed of Trust securing same,
must be surrendered to Trustee for cancellation before reconveyance will be made.
NOTE SECURED BY DEED OF TRUST
(STRAIGHT NOTE)
$._2_\_?_Q2~~Q.Q ________ _ _ ___________________ Q_~J:§J?~9.: __ ._ .. __ . __ , California, _. ______ $.~pt_~_mR5?*'._.3..~Q._._, 19 ~Q_ .
. __ .• ______ • _._ ••• _._. ______ • __________________ • __________ . ________________ • _. _____ .. ________________ e. ___ • ____________ •••••.•• _._ after do Ie, for
value received I prom iss to pay to • __ •• Garlshad_.Unified . .Bcho.ol .. Dis.tri.c.t.. ___ ._._ .... _ ... ___ .. _. __ ._. __ .
•• _ ••••••• _ ••••• _. _ ••••••••••••••••• _ •••••• __ ••• __ •••••• _ ••• _ ......... _ ••• ________ • ____ ••• ___ ••• _. ___ • __ • __ •••• _ •• _. ________ •• ___ •• ,. or ord er, at
. __ . __ .... 8.Q1 __ :p.i_n~ __ AyJ1nU~_, ___ Qgrl_$.Qa,Q._,.-. .Q-9.,li!.Q.r.ni9.._. __ 9ZQ'O.8 ____ . _____________ . ______ . ________ . ___ .•
the sum of __ Q~y~.n __ ~h911,.§.s:mg, ___ 'J~J'lQ_Jlltml~~.d..._~bJ;>.E;1.~_.~sJ._ .. :nQ1.:J.QQ __ =. __ ~ __ -:= __ ~ ___ ~ __ :: __ .":'doIIQrs.
with interest from ___ .nQn.~inter.e.s.t __ be_~g.-------.-.--.. until paid, at Ihe role-of ._. ___ "!';.Q~ ___ ... ___ par cant per
ann u m, pa y a b I e • _________________________________________ • _________________ • ___ • _____________ • ____ ._. ______ o. ______________ • ____ • _____ • _______ e.
~~~TiiI~i~iiQt~~~I§~~~i~9.1it§~~~!Qi_~~:~~Qyi_Iti~§.~~::~~5i\t£~~Si:~:~j:~:&ii~1i::Q§iii~ii~:::=~
___ ~~§-e-m~nt---d9.,t~.d---$..~:pt.eJJiR~r:.-.3-'_--:19-8.Q--§~-e_c..yt~9. __ Jt1.--L-9---R~--~.9:+-tn.f!.:r;:~tQ.~-'P. ___ .. . ___ q;g,d __ Q_~l§J;;>_~d. .. Um,.J.~~g. __ .$..~gQQ_l. ___ P.1§~_:£~Q:t1_'!.. ________ . __ . __ . ___ ._ .. _._ ..... _______ .... ___ .. ____ . __ .. _ ..... . ,
........... _____________ ... __ .. ___ .. _________________________ ..... ___ ..... ___ ... ________ .. _ .. _ ......... __ .... _ ................ _ .... _ ...... ___ ..... ___ ................. _ ........... _ ..... ____ .. _.,.. ..... _ .... __ .. '" .. l. .. _ ... _ ... ...
Should default be made in payment of principal or interest, the whole sum of prinCipal and interest shall, at the option of the holder
of this note, become immediately due. PrinCipal and interest payable in lawful money of the United States. If action be insti/uted on this
note, the undersigned promisa _______ .to pay such sum as the Court may adjudge as attorney's fees. This note is secured by a-DEED OF TRUST
. 'to SAFECO TITLE INSURANCE COMPANY, a corporation.
L. R. PartnershiPf a Limited
__ ~_~~~~~E..~_~~J2 ____ ~ ___ e, _. ___ • ____ • ________ • ____ ._. _____ _
. _ ~ y. ___ . __ ----------------__ ---------------_. --_ .. _ .. _._-__ e. ___ _ James V ... ·Jensen
. __ By _____ .. ____________ . _ .. _ . ________ . ________ .. ___ .. ___ . __ . ____ ..
Jack D. Cox
THIS FORM FURNISHED BY SAFE CO TITLe INSURANCE COMPANY
L-77-N (G.S,) (Rey. 9·711
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SECURED AGREEMENT BETWEEN
OWNER~ DEVELOPER, AND CARLSBAD UNIFIED
SCHOOL. DISTRICT*
THIS SECURED AGR~EMENT is entered into this , 3rd. day of Se:Rtember
198~~ by and between 1/
, '
~~_R._Partner_s_~~}~E ____________________ . ________________ __
TName or Legarnwnel")
(co~~~T~~~E~~p:-~FFc-.-.~.~------~----' ---------~--------,
hereinafter refert'ed to as 1I(}l.·mer" ~ whose address is .."."..,,,...-,.,,..,...,,...,.-.. ___ _
(Street) 325 Elm Avenue, Carlsbad, California 92008 --~~~'--~'----'--~------~------------~------------------~
729-7911 "T(";;'Cl~' t~y"'~'-:S;:::-:t:-a"';"t-e -, """lZ'"'"i -p ~c'-o""de-}\"""'--, -~----------""-""'--(r:.P~hc;ne-Numb8r) --)
and
Kam~ Construction Co., Inco
(Name of Developer) ~
a Corpo'ration
(Corporatl0n~ PartnerSh~c ••. )
.hereinafter ,referred to as "Developer" ~ whose address is "'T'<:"':----:"'r---'
(Streat) 325 Elm Avenue __ ~~ ______ ~ __________________ ~ ___ ~ ____ • __ ~:. _____ ~ __ c_. ______ .~
Carlsbad, California 92008
TCTty-:-State; Zip Cod'e}
and
729-7911 ,
-(Phone Number )-
CARLSBAD ,UNIFIED-SCHOOL DISTRICT of San Diego County, Califor'nia~
h'ereinafter referred to as IIDistrictll!) whose address in 801 Pine
Avenue~ Carlsbad~ California 92008.
•
WIT N E SSE T H:
A. WHEREAS 9 Owner is the owner of the real property described on
EXHIBIT IIA" attached hereto and by ttl"is refere!1ce incorporated herein b.Y
reference~ and hereafter referred to as IIPropertyli 2/; and
Bo WHEREAS 5 the Propet'ty lies within the bou,ndaries of District; and
Co . WHEREAS~ Deve·loper has contracted \lJith Ownel" to purchase the Property
and proposes to construct ]I
on said PropertY5 which development carY'ies the proposed name of ~ ____ _
Laguna Riviera Unit 11 and is hereafter referred to as "Develop~ ---=~=---~.~~==~~,~~---------
D. WHEREAS~ Developer intends to file
Q {Filled ~n the ' _day of __ _
with the 'County of San Diego and/or'
~19~8~~in~t~e-n~ds~t~o-'~fl~"1~e~J-------------
the City of Carlsbad a request for 4/.
Approval of a Tentative Map and P.U.D§ for 7 houses.
Eo WHEREAS s Owner, Developer and.Distr"ict recoginze that school facilit-
ies and services will not be ava"rlable to accommodate children who may sub-
sequently move into the proposed development; and
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e·
L WHEREAS, Owner and Developer' have requested of the Distri ct assurances
that school facilities and services will be available to meet the needs of the
future residents of the development as it is p~esently proposed and the Owner
and Developer are aware that the District cannot, and will not, be able to
give Owner and Developer any such assurances without financial assistance
to pay for such services ·and facilities; and
G. WHEREAS, the Owner and Developer agree to provide such financial
assistance in accor.dance with the terms of this agreement and the District agrees·
to provide assurances that school facilities· and services will be availa.ble
to meet the needs of the future residents of the development as it is presently
proposed.
NOW THEREFORE, THE PARTIES HERETO HEREBY AGREE as follows:
1. The.Owner and Developer shall pay to the District the sum of
One thousand twent -nine and no 100 ------------------------dollars, $ 1,029)
Or whatever sum is in effeGt at the time bui ding permits are issued ----
for each dwelling unit to be construCted in the Development. The number-of
Dwellings units to be const~ucted shall be determined from t~e approved sub~
division map of the Development, as recorded in the Office of the County Recorder.
The term "dwelling unit ll as used in this agreement means a place of residence·
and may be located in either a single or multiple dwelling unit buildi~g. Such
payments shall be made in accordance w~th the following provisions!
1.1. The total amount due hereunder shall be paid to the district
in installments equal to $ 1,029 times the number of dwelling units for
(or whatever sum is in effect at time building permits are issued) .
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". , •
which building permits are issued until the total amount as specified
in paragraph 1 above has been paid or until the agreement has been
canceled by mutual consent due to the abandonment of a portion of the
. .
Development. Such ins~allments shall be due and payable to the District
c·oncurrent with application by Developer> for issuance of said building
permits.
1.2 Any payments not made by the Owner and Developer when due
and payab.le shall bear interest at the rate of seven (7) percent per
annum.
2. The Owner and Developer' may in the future . offer' to donate a
school site in lieu of all or part of the finahcial obligation ~greed. upon
.. in paragraph 1 above, which offer the DistriCt shall consider, but is not ,
obligated to accept.
3. To secure Owner's and Developerls obligation hereunder, Owner and
Developer shall provide to District the securities called·for in subpar'agraph
3.1 or 3.2 or 3.3:
3.1 A surety bond in favor of District in a form acceptable to
District from an insurer acceptable to Dis trict in the: sum of $ ____ _
to insure Owner1s and Developer's performance of the terms of this agree~
mente 51.
.3.2 .A bank or savings and loan time certificate of deposit in the
amount of $ ______ ina form acceptable to Di s tri ct nami ng the
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I-
..,-
District as an irrevocable assignee for the term of this agreement, and
-expressly provid·ing that any ·interest accruing on the time certificate
of deposit shall be solely the property of depositor and the District
shall have n~ rights to any such interest~-5/
3.3 Such other sec~rity as may be acceptable to the District. 5/
4. District agrees to provide school facilities and services which will
be available to meet the needs of the future residents of the areas to be
. developed as described herein-~-District further agrees to provide in writi-ng
. -for Owner or Developer~ and upon request~ assurances necessary to enaQle
Owner or Developer to comp·'y with any requirements of public agencies as
evidence of adequate school facilities and services sufficient to accommodate
--the needs of th.e developments _ herei n des cri bed.
5 . All ob 1 i gat; ons hereundet~ sha 11 term; nate in the event 5/ ___ _
Develoner does-not r~ceive approval from City of-Carlsbad or Coastal . ~ -. Commission
and the Distri ct shall within ten (10) days after written not; ce to Distt; ct
by Develope.rs deliver to Developer necessary documents f?r-releasing the
security -provided. t.o District pursuant to paragraph _ 3 hereof.
6. Any notice form one party to the other shall be in writing, and
sha 11 be dated and signed by the party gi vi rig such noti ce 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:
6.1 If notice is given to the District, by personal delivery
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••
, . • •
thereof to the District or by depositing the same in the United
States Mai 1, addressed to the Distri ct at the .address set forth
herein, enclosed in a ~ealed envelope addressed to the District
for attention 'of the Superintendent~ postage prepaid and certified.
6.2 If 'notice is given to Owner, by personal delivery thereof
to Owner or by depositing the same in t~e United States Mail,.
en~losed in a sealed envelope addresseed to Owner at the address set
forth herein or at such other address as may' have been designated,
postage prepai~ and ~ertified.
6.3 If notice is given to Developer~ by personal delivery
thereof to Developer or by depositing the same ;n the United States
Mail, enclosed in a sealed envelope-addressed to Developer at the
address set forth herein or at such other address as may have been
designated, postage prepaid and certified.
6.4 If notice is given to a surety or other person, by personal
delivery to such surety or other person or by depositing the same -
in th~ United States Mail, enclosed in a sealed envelope addressed to
such surety or person at the address at which such surety or person
last cOl11l1unicated to' the party giving notice, postage prepa1d and
certified.
7. This Agreement shall be binding upon and shall inure to the
benefit of. and shall apply to, the respective successors and assigns of
Owner, Developer and District, and references to Owner, or Developer, or
the District herein shall·be deemed to be reference to and include their
respective successors and assigns without specific mention of such seccessors
and assigns.
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•
If De-vEl .. loper should cease to have any interest in the Pr'operty~. Ci.n
obligations of Developer hel"f}undet'·shal1 terminate; provided" howev.ers: that
any successor' of Developer's interest in the PY'operty sh(l,ll have· first
assumed in writing the Developer's obHgaticlllS hel"e~,mdtH'" and shan have
complied with paragraph 3 hereof. At such time as Ov!n~r ceases to have
any interest ill the Pt~operty~ all obligations of Ownel" hereunder' shall
terminate; ·prov·ld~d!l however, that if any successor to the (X-mer's inter'~
est in'the Property -is a stra'nger to this Agreement~ such successor has
,first assumed the obligations of Owner in writing and shan have cQmpHed
wi th paragraph 3 hereof 0 '
IN WITNESS WHEREOF II this Agreement is excutec.tin' San Diego County,
Califomia as of the date first written above.
OWNER:
L. R. Partnership, a Limited Partnershlp (N e) ----.
~r~~~~~~~~~~~== ames • nsen
By ~.4£~ Gen~a~ ~~
DISTRICT. Partner =:...:..:..:.::.;:..;.... \
RATIFIEO BY BOVERNING BOARD:
____ ~Se~p~t~e~~~e~r~3 ______ .~ 1980
DEVELOPER:
Kamar Construction Co., Tnc ..
TN'arne) ~ Bf2~z7(fg~~_
Title (7 ~ ~ _ . __ ~
By
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, . ' . •
F 0 0 T NOT E 5:
* This form should be used when the Developer is purchasing the land
from the legal owner of the property. .
11 Full information concerning the Owner and Developer should be set
out. here and the name of the 0wner should be identical to that used
by the Owner in holding title to the property .
. ~ The exact legal description of the property should be set forth on
Exhibit "A".
~ Insert the number of restdential buildings to be constructed and
describe the kinds and namber of residential units to be constructed,
e.g., 100 two-bedroom single family residences; 4 apartment buildings
consisting of 60 two~bedroom apartments; one mobilehome park with 200
mobliehome spa~es.
4/ State whether the 'Developer has or will apply for a rezoning and/or
conditional use permit or some other permit or application. Where
the property is· to be rezoned, state the present zoning and the propos-
ed zoning. Where an application number has been assfgned by the County
or the City~ state the number.
5/ The proposed form of bond or time certificate of deposit should ~e
submitted to the District before the Dev~loper signs this Agreement
to assure that the bond 'or certificate will be in a form s'atisfactory
to the [}istri ct when later del i vered. ~
. .
6/ Thi s event wi 11 probably be a deni a 1 of a rezoni n9 app 1 i cati on or
denial of approval ora propose~ subdivision map_
-8-
.. :.
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vlhen Recorded Ha. To :
I,. RIO Partnership, LTDc.
325 Elm Avenue
Carlsbad, California 92008
DECLARATION OF P~STRICTIONS o--=_."'~....,.. ·r~.
This Declaration of Restrictions made this day of
~ by L0 R~ PartnershIp, Ltd., a
.'!;!:'L"':"i-m-:Oi"":"t-e~d--~p~~ar-D"':"·t-n-e-rshl.p, herein referred to as !!o\VNERfI is the
. O\~er of that cert~in real property in the Cit~ of Carlsbad,
County of San Diego 9 State of Ca.lifornia, described as
-follows:
. Lots 1 tru:.ougb. ? 'inclusi va of CARLSBAD TRACT 80-
in the' City of Carlsbad, County of San Diego, State
of California, according to Map thereof No~
. filed. in the Office of the County Recorder of San
-'. Diego on.. .._ ,.
\tJITNESSETH: .!1 Jtlr btH ,......
That 'the said O'vner does hereby Certify ~d Dec.lare that it
has established and does hereby establish the general plan
for the protection of all of said real property, and has
fixed and does hereby fix the protective Conditions and Re-
strictions upon which and subject to "vhich all said real
property shall be held, leased, sold and/or conveyed by said
O\~er, which sa~d Conditions and Restrictions are ~or the
'. benefit of all said real property, and shall inure to and
pass with all of said real property and each and every part
thereof shall app~y to and bind the respective successors
in interest" of the present-O\mer thereof, as follows t -'Go-\'lit:
1~ That said real property s~all be used for only Single~
Private Residential purposes'and that no building, other
than One Single~ Private, First Class Dwelling, with
custOIDa:t'y out-bv.ildings, including garage i shall ever be
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erected, placed or permitted.on any Lot. . .'
No residence shall be erected, constructed, placed or
permitted on any Lot or portion thereof which shall con-
tain less than 1,000 square feet of ground floor area in
the case of a One Story Th'lelling nor \'lhich shall contain
less than 700 square feet of ground floor area on the
Fi~st ~loor and not less than a total of 1,000 square feet
'in the case of a Two Story Dwelling. In neither case
shall the area of an in~luded garage be used to make up
the minimum floor area.'
·e
3. No garage or carport shall be converted to or be used for
Ii ving quarters until the O,\·mer of any Lot shall have applied
for and obtained a Building Permit for an alternate location
for a ~yo Car Garage or Carport which will comply with all
Municipal Ordinances and Requirements.
4. No house trailer, boat trailer or utility trailer or Camper
Shell shall be permitted to park in any front setback area
of any lot for a period of more than 48 hours~
5. No noxious or offensive activity shall be carried on upqn any
Lot, nor shall anything be done thereon which may be or may
become an annoyance or nuisance to the neighborhoode
6. That no Lot or portion thereof shall be used for poultry or
stock raising, feeding or breeding.
7. That each of the Owners of a Lot in said Tract will permit
free access by Ovmers of adjacent or adjoining lots to slopes
or dr~nage'ways located on his property which affect said
adjacent or adjoining lots, when such access is essential for
maintenance of permanent stabilization on said slopes or
maint.enance of the drainage facilities for the protection and
use of property other than the Lot on which the slope or
drainageway is located.
That each Owner of a Lot in said Tract will not in any way
interfere with the established drainage pattern over his Lot
from adjoining or other Lots in said Tract, or that he will
make adequate provisions for proper drainage in the event it
is necessary to change the established drainage over his Lote
For the Purposes hereof, "established" drainage is defined as
the drainage which occurred at the time the overall grading
of said Tract, including the landscaping of each Lot in said
Tract, was completed by the undersigned Grantor.
8. That any building erected on any of said Lots which has been
completed shall be deemed to comply with each and all of the
Restrictions contained herein and no Action shall be brought
to enforce said Restrictions by reason of any violation
occurring in the erection of said building after the same has
been completed, anything contained herein to the contrary not
withstanding ..
9. That the foregoing Conditions, Restrictions and Covenants
shall continue in full force and effect until January 19 2010
and thereafter for successfive periods of Ten (10) years each,
provided the Ovrners of a majority of said Lots have Executed
and Re.corded at any time within Six (6) Months prior to
January 1, 2010 or within Six (6) Months prior to the expira..,
tion of any of said successive Ten (10) Year period, in the
manner required for the conveyance of real property, a Written
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• Agreement in which is set forth an Agreement on the part of
said Owners of a majority of said Lots or Parcels may provide
that said Restrictions so continued shall not apply to cer-
tain of said lots or parcels, all of which extensions and
limitations shall become effective on the expiration date of
the Restrictions in force at the time of such extension or
limitations.
10. Invalidation of anyone of these Covenants by Judgment or
Court Order shall in no wise affect any of the other provi-
sions; which remaining provisions shall continue in full
force and effect.
11. If the parties hereto, or any of them, or their Heirs, or
Assigns, shall violate or attempt to violate any of these
Covenants herein, it shall be lawful for any other person
o~ming any real property situated in said Development or sub-
division to prosecute any proceedings at law or in equity
against the person or persons violating or attempting to
violate any such Covenants and either to prevent him or them
from so doing or to recover damages or other dues for such
violations ..
12. A Breach of the Covenants, Restrictions or Conditions shall
not render invalid the lien or charge of any Mortgage or
Deed of Trust in good faith and for value on said Lots or
Property or any portion thereof, but said Covenants, Restric-
tions and Conditions shall be binding upon and effective
against any Ovmer of said land whose Title is acquired by the
Foreclosure of any lien or r'10rtgage thereon or Sale under any
Deed of Trust given to secure the payment of Money.
13. The Covenants, and Restrictions hereby Adopted and Established
do not and shall not be construed nor shall a breach or viola-
tion thereof be so construed as to create, vest· or reserve to
the above named Owner or his Assigns, any reversionary rights,
title or interest in or to the above described land or any
part thereof.
In vvi tness Whereof, We have hereunto set our· hands the day and
year first herein above written.
L. R. Partnership, Ltd., a Limited
Partnership
By
General Partner
By
Genera.l Partner
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Al • •
State of California
County of ____________ ~ ______ ____
On , before me, the
undersigned, a Notary Public in and for said County
and State, personally appeared __________________ ___
known to me to be
of the partners of the partnership that executed
the 1Hithin instrument, and acknowledged to me that
such partnership executed the same.
Signature
PUBLIC fACILITIES FEE REQUIREMENTS
City Council Policy Number 17 requires that all developers .
requesting a discretionary action for a project pay a public·
facilities fee in the amount of two-percent of the building
valuation. The fee is computed by the Building Department and
paid at the time the building permit is obtained. In ·the case
of a cbndominium conversion, the fee is tal~ulated on the
bu·ilding valuation·at the time t~e fee is .paid and the fee must
be paid prior to obtaining a final map on the project. .. .
In addition to the above, a completed, signed and notarized
agreement to pay the public facilities fee must be submitted
with any application for a discretionary action. This agreement
form should be completed as follows:
1. Selected the appropriate form for either (a) the developer
and owner are the same ~arty, o~ (b) the developer and owner
are different.
2. Fill in the date the agreement is· completed, the name and
address of the developer (and owner, if appropriate) and
state if each is an individual, partne:·~hip, corporation,
etc.
3. Fill in .the ty~e of project proposed to be constructed
such as lIa l~-unit condominium ll or "30,000 square foot
shoppi ng center," etc. and the propos ed name (i f any).
4. Fil·l in the date the request will be (or was) submitted
and the type of request such as lIa tentative map," a
IIcondominium permit,1I IIrezoningll, etc.
5. Fill in the short legal description of the property on
the last sheet.
6. Sign the form in the presence of a notary and have the
notary attach an acknowledgement of execution to the form.
RHA:mmt
2/14/80
. ,
" • After recording return to:
•. -t 4
. CHy of Carlsbad
1200' Elm Ave.
Carlsbad, CA 9200a
, .
AGREEMENT BETWEEN DEV£LOPER-uWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF-A PUBLIC FACILITIES FEE
THIS AGREEMENT ,is entered into this 5th day of September ,
19 80 ,by and between ,Kamar Construction' Co.
~------~~--~----------~--------------------------~--------------' (name of developer-owner)
a Partnership ,hereinafter referred to as
(Corporation, partnership, etc.)
~'Developer", whose address is 325 E.lm Avenue --~~~~--~-----------------------' (street)
Carlsbad a Ca. 92008 and THE CITY OF " , ~~------------~----~~----------------------(City, state, zip code)
CARLSBAD, a municipal corporation of the State of California,
hereina'fter 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 as "Property"; and
WHEREAS, the Property lies within the boundaries of Ci'tYi
'and
WHE~AS, Developer proposes a development project as follmvs:,
7 Single Family Dwellings
'.
.. " •
o~ said Property, which development carries the proposed name
of Laguna Riviera Unit 11 ------------------------------------------------------------------
and is hereafter referred to as "Development"; and
. WHEREAS, Dev~loper filed on the 5th-day of September .'
19~, with the City a 'request for PUD and Tentatjve Map
(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 develop~ent shall not be approved
.
,
(said element is on file with the City Clerk and is incorporated
by this reference; and
WHEREI:.S I Developer anc;1 City recognize the correctness of
. Council Policy No. 17 I dated August 29, 1979, 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 f~cilities and services resulting
from the proposed Development; and
'WHEREAS, Developer has asked the City to find that pub~ic
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 apy such finding without financial assistance to pay for
,
such services and facilities; and, therefore, Developer proposes
~
2 •.
. ' ~, "",-
to help satisfy the Genera~ 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 shall pay to the City a public facil'ities
fee in an amount not to exceed 2% 0; the building permit valuation
of the buildings or structures tob~ 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 develop-
ment 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. A credit toward such fee shall be given for land which has
been dedicated for park purposes or for any fee~ paid in lieu
thereof pursuant to Chapter 20.44 of the Carlsbad Municipal Code.
'Developer shal~ pay a' fee :for conversion of existing buildings 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, exceptin 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 permi~ is necessary pr~or to the use or occupancy for which
, 3.
. '
the development is intended. Developer shall ,pay to City a public
facilities fee in the sum of $1,150 for each'mobi1ehome 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 ~ha11 be in addition to any fees, dedications
or improvements required according to Titles 18, 20 or 21 of the
Car1sbad,Municipa1 Code~ A credit toward such fee shall be given
for land which has been dedicated for park purposes or for-any fees
paid in lieu thereof pursuant to Chapter 20.44 of the Carlsbad
Municipal Code.
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 pU9lic 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.
Suc~ determination, when made, shall become a part of this agree-.
mente Sites donated under this paragraph shall not include improvements .
required pursuant to Titles 18 or 20 of the Carlsbad Municipal
Code.
3.. This' ~greement· 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 ~ill not be consistent with the'
General Plan and any approval or permit for the Development shall
4.
. . . • . .
be void. No building or other construction permit or entitlement
for'use shall be issued ~ntil the public facilities fee required by
this agreement is paid.
4. City agre~s to deposit the fees paid pursuant to this
agreement in a public facilities fund for the financi~g 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 c~mply with any requirements of other public
ag~ncies as evidence of adequate public facilities and services
sufficient to accommodate the needs of the Development herein
described.
6. All obligations hereund~r 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
not~ce or by a duly authorized representative of such party. Any
such notice shall not be effec~ive for any purpose whatsoever
unless served in one of the following manners:
7.1 If notice is given to the City by personal delivery
thereof to the City or by depositing same in the United States
Mail"addressed to the City at the ?ddress set forth'here~n,
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 de~ivery
thereof to Developer or by depositing ~he same in the United States
5.
.. . ''''
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 shal,l apply to, the respective successors and
ass~gns 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, howeyer, that any successor of Developer's
'interest in the Property shall have first assumed in writing the
Developer's obligations hereunder.
9. This ~greement shall be recorded but shall not create
a lie.n or security interest on the Property. When the obligations
of this, agreement have been satisfied, City shall record a release.
III
III
111-
III
III
III
III
III
, III
ill
"" , 6<;,
'.'
IN WI~NESS WHEREOF, this agreement is executed in San 'Diego
county, California as of the date first written above.
DEVELOPER-OWNER:
(Title)
By ____________________________ __
(Title)
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO I JR'_I
City Attorney
CITY OF CARLSBAD, a municipal
corporation of the State of California
By ______ ~~~ __ ------______ ----------City Manager
(Notarial acknowledgement o'f execution by DEVELOPER-m'lNER must
be attached.) ,
'"
I 7.
r I
r,
... MUNICtI'Al ENGINHRING • • RAYMOND R. RIBAL
MEMaEl
AMERICAN SOClrr'f
CIVil fNGINffRS
VALUATtONS. SU~VEYS
" DESIGN. SUPERVISION
CIVil AND SANITARY ENGINEER
770 so. BREA BLVD., SUITE 203
BREA. CALIFORNIA 92621
529·4991
~oundary Description
Laguna Riviera No. 11, CT 80-
That portion of Lot I of Rancho Agua Hedionda. in the City of
Carlsbad, County of San Diego, State of California~ according to Map
No 823 filed in the office of the County Recorder of San Diego County
December 16, 1896 described as follows:
Beginning at the most southerly corner of Laguna Riviera Unit
No.5 according to Map No. 7260 filed in the office of the County
Recorder of San :.Diego County April 18,. 1972? said point being in the
arc of a 520 foot radius curve concave Westerly~ a radial line through
said point of beginning bears South 69051'13" West; thence South
69 051'13" West, 150.00 feet; thence South 12°26'0011 East, 60.00 feet;
thence South 3°33'36" West~ 120.00 feet; thence South 7°33'36" West
294.00 feet to a point in the Northerly boundary line of'Park Drive;
thence South 82026 v241i East along said Northerly' line of Park Drive to
the beginning of a circular curve concave Westerly, having a radius of
20.00 feet; said point also being a point in the boundary line of
Laguna Riviera Unit No. 4 according to Map No. 6529 filed in the office
of the County Recorder of San Diego County on April 20, 1967; thence
along the Westerly blmndary of said Laguna Riviera Unit No. 4 the
following bearings and distances: Northerly along the arc of last
said curve, through a central angle. of 90°00'00" a distance of
31.42 feet; North 7°33'36" East 263.68 feet to the beginning of circular
curve concave Westerly and having a radius of 520.00 feet; Northerly . 0 along the arc of last said curve through a central angle of 27 1.~2 t23 1l
a distance of 251.46 feet to the point bf beginning;:' ! ..
Q~Q~
taymond R. Ribal
ReE 1136
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