HomeMy WebLinkAboutPUD 88-09; KLETT; Planned Unit Development - Residential (PUD), "(
I
, City of Carlsbaid
2075 Las Palmas Drive
Carlsbad, CA 92009
(619) 438-1161' • • Fee $365.00
PLANNING DEPARTMENT
SITE DEVELOPMENT PLAN
Complete Description of Project (attach additional sheets if necessary)
Four (4) Unit Multi-Familv Planned Unit Development
Location of Project
Adams Street and Locust Street
Legal Description (complete)
Lot 7 in Block "A" of Resubdivision of portions of Tracts 238 and 243 of Thum Lands,
in the City of Carlsbad County of San DieQo State of California according to Map thereof
No.2103 fi led in the Office of the County Recorder of San Diego Apri I 3 1928
Local Facility Management Zone Assessors Parcel Number
Zone 1 206-120-08
Zone General Plan Existing Land Use
RDM-Q RMH Vacant
Proposed Zone Proposed General Plan Site Acreage
RDM-Q RMH .49
Owner Applicant
Name (Print or Type) Name (Print or Type)
Gordon & Edna Klett Gordon M. Bizieff
Mailing Address Mailing Address
P.O. Box 4086 2892 Jefferson Street
City and State Zip Telephone City and State Zip Telephone
Carlsbad CA 92008 729-6625 Carlsbad CA 92008 434-4554
I CERTIFY THAT I AM THE LEGAL OWNER I CERTIFY THAT I AM THE OWNER'S
AND THAT ALL THE ABOVE INFORMATION REPRESENTATIVE AND THAT ALL
IS TRUE AND CORRECT TO THE BEST OF THE ABOVE INFORMATION IS TRUE
MY KNOWLEDGE. AND CORRECT TO THE BEST OF
GoP-.OorJ ,f1-, ~L.-P'fI MY KNOWLEDGE.
~~"'A INlAe ~ ~c4 \' '?is SIGNA U DAT) SIGNATURE DATE \ ;,C?dc\~ ~UL ~D1' \f7'-{ '\\ Uv ffi-cr
Date ApplicMion~Rec'd Received By Fees Received Receipt No.
/ /--/(0 --f'e ~ $//f/b l S-o (59C/tl-1
PROJECT NUMBER (S)
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California Coast e Title Company
Spring Mountain E$crow
2725 Jefferson St. 2B
Carlsbad, CA
Dates May 27, 1988
Attention: Linda
san Diego, CA YZIOH
(619) 299-9300
PRELIMINARY REPORT
Dated as of May 18. 1988 at 7z30 A.M.
Your No.: UKEGAWA
Our No.: 23433
In response to the above referenced application for a policy of title insurance,
the insurer hereby reports that it is prepared to issue, or cause to be issued,
as the date hereof, a Policy or Policies of Title Insurance describing tha land
and the estate or interest therein hereinafter set forth, insuring against 10s8
which may be sustained by reason of any defect, lien or encumbrance not shown or
referred to aa an Exception below or not excluded from coverage pursuant to the
printed Schedules, Conditions and Stipulations of said policy forms.
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The printed Excep%ions and Exclusions from the coverage of said Policy or
'
,-policies are set forth in Schedule 1 and Sch(ldule 1 (continued) attached.
C~pie. of the Policy forms should be read. They are available from the office
which issued this report. . .
, ' . .
j This report (and any supplements or amendments hereto) is issued s'olely for the
[, purpose of facilitating the issuance of a policy of title insurance and no
liability is assumed hereby. If it h desired that liability be assumed prior I to the issuance of a policy of title insurance, a Binder pr Commitment should be
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requested. ,-
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.-: ..... Title '~/f~icer ' .' I
LINDA STARKE
The form of policy of title insurance contemplated by thi. report is:
/ , .p~ /~~..s...:;._.
A California Land Title Association Standard Coverage Policy -1973, Owner's
Poliay and an American Land Title Association Loan Policy -1970. with A.L.T.A.
Endorsement Form 1 Coverage (amended 10-17-70). Loan Policy.
The estate or intereat in the land hereinafter described or referred to covered
by this Report i.: a fee
Title to said estate or interest at the date hereof is vested inl SUMl KATO, a
widow Bl}d JAMES S. UKEGAWA. a 8inile man 8S joint tenants
TI (Rev. 5-86)
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The land r~ferred to in this Report is situated in the State of California,
County of San Diego and i8 de.cribed a. follow.s
" ,
Lot 7 in Block "A" of Reaubdiviaion of portions of Tracts 238 snd 243 of Thum
Lands, in the" City of Carl.bad, County of San Diego, State of California,
according to Map thereof No. 2103, filed in the Office of the County Recorder of
San Diego County, April 3, 1928.
At the date hereof exception. to covera,e in addition to the Exception. and
E~clu8ion. in said policy form would be as follow. I
1. General and Special County and City taxes for the fiscal year 1988-89, a
lien not yet payable.
2. General and special County And City taxe' for the fiscal year 1987-88,
PAID.
3. The lien of supplemental taxes, if any, assessed pursuant to the provisions
of Section 75, at seq. of the Revenu~ and Taxation Code of the State of
California.
4. Matters of tecord which do not specifically describe said land, but which if
any do exist, rnay affect the title or impose liens or encumbrance8 thereon.
The name search necessary to determine the existence of such matters has not
been made because no statem~nt of identity has been received from UKEGAWA.
5. This r0port will be subject to an additional $5.75 charge for outside
district reports upon closing.
TAX FIGURES FOR
CODE AREA
PARCEL NO.
LAND
IMPROVEMENTS
EXEMPTIONS
FIRST INSTALLMENT
SECOND INSTALLHENT
1987-88
09000
206-120-08
$20,112.00
$-0-
$-0-
$111. 65, PAID
$111.65, PAID
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1200 ELM AVENUE CARLSBAD, CALIFu.-tNIA 92008 :
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APPLICANT:
AGENT:
MEMBERS:
DISCLOSURE FORM
Name (individual, partnership, joint venture, corporation, syndiCation)
~, O!, \B()~ L\Uc?G ) CARLS '8Jj{)ll CA g.2<mR
Name
Business Address
'--\""2;l L\ -L\S5~1
Telephone Number
)
..
_ -(\\'<.:,r-Mj ~" F"d-,J 0 EL ~. \<.LErr ~ \:0 f Q)AI V"LrJ
Name (individual, patner, joint
venture, corporation, syndication)
Business Address
( G tC\) -7) __ 0\ -GG"}S
Telephon~ Number
Name
Business Address
Telephone Number
Home Address
" -
Telephone Number
Home Address
Telephone Number
(Attach more sheets if necessary)
"I/We understand that if this project is located in the Coastal Zone, I/we will apply
for Coastal Commission Approval prior to development.
I/We acknowledge that in the process of reviewing this application, it may be
necessary for members of City Staff, Planning Commissioners, Design Review Board
members, or City Council members to inspect and enter the property that is the
subject of this application. I/We consent to entry for this purpose.
I/We declare under penalty of perjury that the information contained in this disclosure
is true and correct and that it will remain true and correct and may be relied upon
as being true and correct until amended. '~ 1~' '~"~
T\-\EIL'-' !A,lowc'-/ fl c..
APPLICANT
BY
Agent, Owner, Partner
•
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
)
CITY OF CARLSBAD )
1200 Elm Avenue )
Carlsbad, California 92008 )
Space above this line for Recorder's use
Parce 1 No . __ 2_0_fS_-_12_0_-0_8 ______ _
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this~2;....:;5 __ day of October , 19.J!..§
by and between_---::G=o"'-rd=o:...:..;n'-'&:o.;.....:;;;E=d:.;..;.na~K:...:..;le=t=t _______________ _
(Name of Developer-Owner)
a_l.odividJlal , hereinafter referred to as "Developer"
(Corporation, Partnership, etc.)
whose address is P.O. Box 4086 Carlsbad, CA 92008
(Street) (City, State, Zip Code)
and the CITY OF CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad,
California, 92008.
WITNESSETH:
WHEREAS, Developer is the owner of the real property described on Exhibit
"A":, attached hereto and made a part of this agreement, hereinafter referred
to as "Property"; and
WHEREAS, the Property lies within the boundaries of City; and
WHEREAS, Developer proposes a development project as follows:
REV 3-1-88
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Four (4) Unit Multi-Family P.U.D.
on said Property, which development carries the proposed name of _________ _
Gordon & Edna Klett
and is hereinafter referred as "Development"; and
WHEREAS, Developer filed on the ___ 2_5 ____ day of October 19 88 , -,
with the City a req u est f 0 r __ ---'S:...:;i.:-t:.-e:....-d:.;..e"-v-'-ec:.=1-:...oJ:..p_m..;...e-cn_t-..J..p_1c...:.a'-"'n'--_____________ _
hereinafter referred to as "Request"; and
WHEREAS, the Public Facilities Element of the City General Plan requires I
that the City Council find that all public facilities necessary to serve a
development will be available concurrent with need or such development shall
not be approved (said element is on· file with the City Clerk and js
incorporated by 'th is reference); and
WHEREAS, Developer and City recognize the correctness of Council Policy
No. 17, dated July 28,1987, on fil~ 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 ~vailable to accommodate the additional need for
public facilities and services resulting from the proposed Development; and
, I, I ~ I ;.
WHEREAS; Developer has asked the City to find that public facilities and
services will be available to meet the future needs of the Development as it is
presently proposed; but the Developer is aware that the City cannot and will
not be able to make any such finding without financial assistance to pay for
such services and facilities; and therefore Developer proposes to help satisfy
the Genera 1 Pl an as implemented by Counc il Pol icy No. 17 by payment of a pub 1 i c
facilities fee.
REV 3-1-88 2 j, •
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 facilities fee in an
amount not to exceed 3.5% of the building permit valuation of the building or
structures to be constructed in the Development pursuant to the Request. The
fee shall be paid prior to the issuance of building or other construction
permits for the development and shall be based on the valuation at that time.
This fee shall be in addition to any fees, dedications or improvements required
pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer
shall pay a fee for conversion of existing building or structures into
condominiums in an amount not to exceed 3.5% 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 Chapt~r
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 of use" as used in this agreement, except
in reference to mobile home 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 of occupancy
for which the development is intended. Developer shall pay the City a public
facilities fee in the sum of $1,150 for each mobile home space to be
constructed pursuant to the request. The fee shall be paid pri or to the
issuance of building or other construction permits for the development. This
fee shall be in addition to any fees, dedications or improvements required
according to Titles 18, 20, or 21 of the Carlsbad Municipal Code.
REV 3-1-88 3
· ..
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 pub 1 i c
facilities, the City shall consider, but is not obligated to accept the offer.
The time for donation and amount of credit against the fee shall be determined
by City prior to the issuance of any building or other permits. Such
determination, when made, shall become a part of this agreement. Sites donated
under this paragraph shall not include improvements required pursuant to Titles
18 or 20 of the Carlsbad Municipal Code.
3. This agreement and the fee paid pursuant hereto are required to
ensure the consistency of the Development with the City's General Plan. If the
fee is not paid as provided herein, the City will not have the funds to provide
public facilities and services, and the development will not be consistent wi~h
the General Plan and any approval or permit for the Development shall be void.
No building or other construction permit or entitlement for use shall be issued
until the public facilities fee required by this agreement is paid.
4. City agrees to deposit the fees paid pursuant to this agreement in a
public facilities fund for the financing of public facilities when the City
Council determines the need exists to provide the facil ities and sufficient
funds from the payment of this and similar public facilities fees are
avail abl e.
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 service sufficient to accommodate the needs
to the Development herein described.
REV 3-1-88 4
6. All obligations hereunder shall terminate in the event the Requests
made by Developers are not approved.
7. Any notice from one party to the other shall be in writing, and shall
be dated and signed by the party giving such notice or by a duly authorized
representat i ve of such party. Any such not ice shall not be effect i ve 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 address set forth herein, enclosed in a sealed envelope, addressed to
the City attention of the City Manager, postage prepaid and certified.
7.2 If notice given to Developer by personal delivery thereof to
Developer or by depositing the same in the United States Mail, enclosed in a
sealed envelope, addressed to Developer at the address as may have been
designated, postage prepaid and certified.
8. This agreement, shall be binding upon and shall ensure to the benefit
of, and shall apply to the respective successors and assigns of Developer and
the City, and references to Developer City herein shall be deemed to be
references 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 alien or
security interest in the Property. When the obligations of this agreement have
been satisfied, City shall record a release.
REV 3-1-88 5
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IN WITNESS WHEREOF, this agreement is executed in San Diego County, California
as of the date first written above.
DEVELOPER-OWNER:
By:
ATTEST:
(N fAq-
CITY OF CARLSBAD, a municipal
corporation of the State of
Cal ifornia
By:
MARTIN ORENYAK
For City Manager
ALETHA L. RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.
City Attorney _------... ---.-
STATE OF CAlJFO~
County of Sen Oi ego }
8S.
October 4 88 ON _____________________ ~, 19-. before me,
thfJ undersigMd, a Notary Public in and for said County and State, personally appeared __
loel Gordon Klett
known to l1W to be the person whose nanw is subscribed to the within Instrunwnt, as the
Attorney-in Fact of Gordon A. Klett & Edna Mae Klett
and acknowledged to nw that ---1te subscribed the name of --:K....:..:..le::..;t:...:t'----_____ _
same as above
thereto as principal_ and h __ own nanw as Attorney-in-Fact.
WITN~ my Iumd a.d official ,..J~' ~
N.L. ANDERSON ~?utd-a.
NAME (TYPED OR PRINTED)
Notary Public in and for said County and State.
ACKNOWLEDGMENT -ATTORNEY·IN·FACT -BLANK Co. -WOLCOTTS FORM 218-REV. 8-60 76796
•
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 7 in Block "A" of Resubdivision of portions of
Tracts 238 and 243 of Thurn Lands, in the City of Carlsbad,
County of San Diego, State of California, according to
Map thereof No. 2103, filed in the Office of the County
Recorder of San Diego County, April 3, 1928.
REV 3-1-88 7