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HomeMy WebLinkAboutSDP 85-04; STANGER DENTAL OFFICE; Site Development Plan (SDP)'\- I .' US.PLANN.ING .PLICATIDN LAND -. '~. " · ..... i' " -DISCRETIONARY ACTIONS i .... REQUEST - o Zone Change OSpecific Plan o General Plan AIn!=ndment , ~Site Development Plan ;. . o Tentative Tract Map []Oonditional Use Permit ~f o Major Pla11Ped Unit Development OVariance DMaster Plan [JPlanning Commission Determination o Major Redevelopment Permit OSpecial Use Permit DMinor Redevelopment Permit []Structure Relocation o Precise Development Plan OMajor Condominium Permit (check other boxe~ if appropriate) DCoastal Penni t (Portion of Redevelopment Area Only) Complete DesCription of ProJect (attach additional sheets if necessary) . 2 story denta 1 office, wood frame, plaster exterior, total building area 2835 square feet. Asphalt paved parking area for 18 cars. Legal Description (complete) Of Parcels 1. 2, & 3 of that portion of Lot 4 (fractional S.\\I. of the s.~! 1/4) Section 31, Township 11 South, Range 4 West, San Bernardino Meridian, in the County of San Diego, State of IAssessors Parcel NUl'IiJe7 California, according to map thereof. 16/P",laO ... h Zone General Plan Existing Land Use RP ~ N/A Residential Proposed Zone Proposed General Plan Site Acreage RP N/A .37 (kme:t Applicant Name (Print or Type) Name (Print or Type) .. .JlleK y. KfL8ori+ Dr. Alan Stanger lMalllng Address Malllng Address ~(P5 pj(yrlleo ])f{'~ -2182 El Camino Real, Ste. 106 City arid State Zip Telephone City and State Zip Telephone . C arLS/3/t D~ C'(L QJrx;;8 ('619)'1J,cI·7llf'1 . (ke'ansi de', CA' 92054 (619) 433-0256 I· CERTIFY "mAT I AM '!HE LEGAL avNER AND I CERTIFY "mAT I AM '!HE CMNER I S REPRESENTATIVE THAT ALL '!HE ABOVE INFORMATION IS TRUE AND "mAT ALL '!HE ABOVE INFORMATION IS TRUE AND CX>RRECT '10 '!HE BEST OF MY ~E. AND CX>RRECT '10 '!HE BEST OF MY RNcm.EDGE. . ...... / SI~ ~ DATE YJ/t) Jo/y/ ~ DATE . 2;21,/15 Wf;;~· z·z7-8~ i~ t;1cIItiICD !!e¢'q . ·ll8de1~B .. ~W.r}~. ~lpt. lb. ., . . . y :. $·lf~· ........... . J '" .... .: . VI' to·fo Y , . . . " ,','", , . . """6.. Date' A~Hcatlon Jtec'd: Ass,tg.Iied .' . -"lease Ntlllt>er . . . -SD,·p ~ cr s:~ If ' . , . J ------~~~----------------~--------~ I. SPECIFIC RE!P.REMENTS • General Plan Amendment/zone Change 1. Application Form 2. General Requirement· Items F-O 3. Reproducible 1:500 scale map of subject property showing requested zoning and surrounding zoning and land uses. 4. Fee: General Plan' Amendment $765.00 + $5.00 per lot or acre, whichever is higher. Zone Change: $655.00 Master Plan/Specific Plan 1. Application Form 2. General Requirement Items: -eighteen (18) copies of items B-D -items E-O 3~ Fee: Master Plan $1,635 + $5.00 per/acre Specific Plan $1,090.00 Master Plan Amendment: Major $545.00 + 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 eighteen (18) copi~s of item A items E-P 3. Fee: $530.00 (1-25 lots Qr units) $765.00 (~6-100 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 Revelopment (5 or more units) 1. Application Form 2. General Requirement Items: eighteen (18) copies of items B-D items E-O 3. Conversion to Condominiums -list of names and addresses of all tenants of the project, proof of notification of the tenants 60 days prior to filing--- tenta~ive map. • CHICAGO TITLE COMPANY OF SAN DIEGO 555 WEST BEECH STREET, SUITE 101 SAN DIEGO, CALIFORNIA 92101 -(619) 232-8921 PAGE 1 PRELIMINARY REPORT CHICAGO TITLE COMPANY OF SAN DIEGO 555 WEST BEECH STREET, SUITE 101 SAN DIEGO, CALIFORNIA 92101 Attention: BARBARA MILLER Your No. Our No. Disk No. 7578-B 49160-7 23 In response to the above referenced application for a policy of title insurance, Chicago Title Company of San Diego, hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a California Land Title Association Standard Coverage form Policy of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below, or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy form. This report (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issurance of a policy of title insurance, and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Date:~N;;.;.;O;;....;V..;:;;EMB=ER=,-=2.:....7 .... , ..,;;1;,;;.9.,;;..84-'--____ at 7: 30 A.M. __ £::~~%~/~~~:~(__::~~ .. /7; ___ ~_=_=~=__:_ SHELLY ARNESEN/REID ARNESEN Title Officers The form of policy of title insurance contemplated by this report is: CLTA OWNERS AND ALTA LENDERS The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: JACK Y. KUBOTA AND PATRICIA R. KUBOTA, husband and wife, as joint tenants The land referred to i~ this report is describ'ed as follows: SEE LEGAL DESCRIPTION ATTACHED Order No. 49160 At the date hereof exceptions to coverage, in addition to the printed exceptions and exclusions contained in said policy form, would be as follows: 1. General and special taxes, a lien now payable, for the fiscal year 1984-85. 2. The lien of supplement taxes, if any, assessed pursuant to the provisions of Chapter 498, Statutes of 1983 of the State of California. 3. The fact that ownership of said land does not include any rights of access from the freeway adjacent to said land. Said rights having been relinquished, condemned or reserved in an instrument recorded November 12, 1952 in Book 4652, page 35 of Official Records. Said access rights have been relinquished in various instruments of record. 4. An easement for undisclosed and incidental purposes in favor of THE CITY OF CARLSBAD, recorded July 12, 1968 as File No. 117350 of Official Records. Described as follows: 10 feet in width lying contiguous to and Northeasterly of the following described line: Beginning at a point on the Southerly line of said Lot 4, being also the centerline of Buena Vista Way, distant along said Southerly line North 89 Degrees 26'43" West, 96.48 feet from the Southeasterly corner of said Lot 4; thence (1) North 21 Degrees 40'16" West, 427.77 feet; thence (2) North 12 Degrees 49'18" West, 196.26 feet; thence (3) North 07 Degrees 01'01" West, 43.19 feet to the Southerly line of Road Survey No. 316, distant along last said Southerly line South 89 Degrees 25'51" East, 14.85 feet from the Easterly terminus of course described in deed to the State of California as "--al ong a tangent curve to the right with a radius of 22 feet, through an angle of 90 Degrees 03'40" a distance of 34.58 feet to a point of cusp in the Southerly line of Road Survey 316-.", recorded November 12, 1952 in Book 4652, page 35 of Official Records. 5. A deed of trust, dated November 17', 1977 to secure an indebtedness in the original principal sum of $25,000.00, and any other amounts and/or obligations secured thereby, recorded December 30, 1977 as File No. 77-540458 of Official Records. tit Trustor: JACK Y. KUBOTA AND PATRICIA R. KUBOTA, husband and wife Trustee: Beneficiary: MAR. VISTA FINANCIAL, INC. OCEANSIDE FEDERAL SAVINGS AND LOAN ASSOCIATION, a corporation NOTE: It is our understanding that the buyers in this transaction are: ALAN STANGER AND LOUISE STANGER Please advise us immediately if the names are misspelled, or if there are any other parties not shown herein above. General and special County and City taxes, including personal property taxes: Fiscal year: 1984-85 Amounts for pro-ration purposes are: Total: $625.52 First Installment: $312.76 OPEN Penalty: $31.27 Second Installment: $312.76 OPEN Penalty and costs: $41.27 Code area 09000 Parcel No: 156-120-67 Land Valuation: $33,451.00 Improvements: $22,301.00 Personal Property: $NONE Exemption: $ NONE INFORMATION NOTE: The premium of $710.00 is Basic Rate for a Clta Owners in the' amount of $179,500.00. INFORMATION NOTE: The premium of $160.00 is Basic Rate for a Alta Lenders in the amount of $174,500.00. CHICAGO TITLE COMPANY OF SAN DIEGO 555 WEST BEECH STREET, SUITE 1~1 SAN DIEGO, CALIFORNIA 92101 -(619)-232-8921 LEN D E R S SUP P L E MEN TAL REP 0 R T Attention: Your No. Our No. STANGER 49160-7 The above-numbered report (including any supplements or amendments thereto) is hereby modified and/or supplemented in order to reflect the following additional items relating to the issuance of an American Land Title Association Loan form Policy as follows: Neither the items shown in our Report, nor the items contained herein, will affect our ability to attach CLTA Endorsement No. 100 to our ALTA Policy when issued. There is located on said land the following: ". 1273 LAS FLORES DRIVE, CARLSBAD, CA ". The following is furnished for information only: The only conveyances affecting said land recorded within 6 months of the date of this report as follows: NONE • EXHIBIT A .a FORNIA LAND TITLE ASSOCIA~ STANDARD COVERAGE POLICY -1973 SCHEDULE B This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: Part 1 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascer- tained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a cor- rect survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims: (b) reservations or ex- ceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or refer- red to in Schedule A, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the or- dinary right of an abutting owner for access to a physicially open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (in- cluding but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, or- dinance or governmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclos- ed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the in- sured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY -1979 EXCLUSIONS -. In addition to the exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: land use improvements on the land land division environmental protection This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless a notice of taking appears in the public records on the Policy Date. 3. Title Risks: that are created, allowed, or agreed to by you that are known to you, but not to us, on the Policy Date-unless they appeared in the public records. that result in no loss to you that first affect your title after the Policy Date-this does not limit the labor and material /ien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: to any land outside the area specifically described and referred to in Item 3 of Schedule A or in streets, alleys, or waterways that touch your land. This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. F.2688·03 • EXHIBIT A (Cont'd) AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to buildilJg and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest in- sured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE '. 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest in- sured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claim- ant; (d) attaching or created subsequent to Date of Policy; (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. CITY C. CARLSBAD 1200 ELM AVENUE • CARLSBAD, CALIFORNIA 92008 " " . " 438-5551 RECEIVED FROM Me V-v i l tL,--\ lI\~ l DATE ~ / 71 B S- ADDRESS f-{J \ I C Ct :s k (l V-..Q~r:u"-lD ~+ A Ie. NO. DEseRIPTIO~.J AMOUNT S l -\-e. --:b e u . --=? (Q v,-3~S -- 00\-210-: "t",S S" 2. E I ~ /75 - ,;;;ji12.~.t.~ 30.?~ r1",1) '.;.' ~' §;?:'.2c-;, ~~\ i3~"';~ . ..., Cr.oQ-~ 1i>. _,I '';'',,-< ~ '1 '-,--. '''''';::;:::' .... S:.··.~:r.~~ ~ m I £:l;·/:~t:..-S J~' '" ,:---~ .I:::~: o;:j Q::> . t.h-- ~,' _. '~' . 5;,Q 0/ "S} , "', ,'-I "~~~~ j 47664 TOTAL S-40 -1 . , -l , ~ 'j If after the information you have submitted has been r~viewed~ it is determined ,t.hat further information.equired, you wi.~~ be so ad,,: APPLICANT: AGENT: NElolBERS: AI-A N /), STfJ/JGEf< Name {individual, partnership, joint venture., corporation_ syndication} ~ lea. £1' C!ItH//Jf) R£ltl.-.:5f.IO it; Business Ad~ess Telephone Number DONIi' LD GO"/dmt I.J fJ. .I.l) Name Business Addr~s~ 0lQ;' . d."91-.588Q Telephone Number ." Lov/s£ STfln~ae ~ lJ-iJ J3ukllSh Card,f/CCL Name '(individ;:al,. partner, joint" venture, corporation,. syndicati.on) Home ~.ddress (PIg /-133 Q;;)51n 61'i75~-()3 () ~ Telephone N~~r ~elephone Numbe~ !·r:i.rne Home Address 3~siness Address Telephone Number Teleph?ne ~lurnber (Attach more sheets if .necessary) I/He 9,ecla::e ur.der 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. BY ,/!fit/eM f -~do/~ Agent, fr.~ner, Par~n~r " ~PLEMENI'AL INFORMATION FORt. VARIANCE 1) Gross Acres (or square footage, if less than acre) __________ _ 2} Zcne _____________________________ -.::: .... _ 3) General Pla.'1. ,Land Use Desi9Q,atial ____ ~-:---:_:_~_:_:_--------- 4) By law a Variance may be awroved cnly if certain facts are found to exist. Please read tl'ese requirements carefully and explain how t~ proposed project meets each of trese facts. ~e additicnal sheets if necessary. a) Explain wf¥ th:!re are exceptlcnal or extraordinary circumstances or ccnditials applicable to tre property or to tl'e intended use that do not apply' generally to tre o1:h3r property ~r class' of use in 'the same-vicinity and zme: ' ' b) Explain why such variance is necessary for the preservaticn and enjoyment of a substantial 'property right:. possessed by other property in t.ha same vici.."1ity and ZO'le but \.;rhich is denied to the property in cpestian: c) Expla:in why the granting of such variance will not be materially detrimental to the public welfare or injurious to ,the property or improvements in such vicinity and zcne in wbich the property is lcxated d) Explain why the granting of such variance \-.'ill not adversely affect tie co.npre1lensive general plan: _______________________ _ ~I • • STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP CIT~,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 p~ior necessary entitlements have been processed and approved. The undersigned understands that the processing time required by the City may exceed the time limits, therefore the undersigned agrees to extend the time limits f6r Planning Commission and City Council action and fully concurs with any extensions of time up to orie year from the date the application was accepted as complete to properly review all of the applications. At-A tu b. 5fl1Nrl>ER Name (Print) FORM: PLANNING 37, REVISED 3/80 I Date • ItPpLJcfJnr \ . Relationship to Application (Property Owner-Agent) • • AGREEMENT TO EXTEND TIME LIMITS TO ALLOW REVIEW OF THE LAND USE ELEMENT OF THE GENERAL PLAN Iri a desire to ~ssist the City of Carlsbad to .... expeditiously review the Land Use Element of the General Plan and to ensure full and adequate review of the application for this development project the undersigned agrees that the time limits imposed by law to approve or disapprove this application shall be extended. If a negative declaration is adopted for this project the undersigned agrees that the time period for approval or disapproval is extended for 90 days. If the project requires an environmental impact report the undersigned agrees that the time limit imposed by Section 21151.5 of the Public Resources Code is extended for six months and that the project shall be approved or disapproved within 90 days after the certification of the environmental impact report. The undersigned understands that the City will process this application according to City Council Resolution No. 7872 and consents to processing the application according t6'tnpt resolution • . '. Name (prlnt) APPROVED: Michael J. Holzmiller Land Use Planning Manager Date etc. ) . ,.', " , ), ~ , .~ , ·:0 Zone Change o General Plan Amendment o Tentative Tract Map DISCRETIONARY ACTIOOS : REQuEST ClSpecific Plan --.. -".': ~,,,,,, [JMajor Pla~ed Unit Develo~nt KSSite Development Plan !JQonditional Use Permit OVariance DMaster Plan , o Major Redevelopment Permit o Minor Redevelopment Permit o Precise Development Plan (check other boxe~ if appropriate) [JPlanning Commission Determination [JSpecial Use Permit []Structure Relocation []Major Condominium Petnli t (JCoastal Penni t (Portion of Redevelopmen Area 2 sto dental. office wood frame, laster exterior, total building area 2835 uare feet. As area for 18 cars. ortion of Lot 4 fractional S.N. of the Dr. Alan Stanger 2182 El Camino Real, Ste. 106 r • ..~ PUBLIC FACILITIES FEE REQUIREMENTS ~ _______ - City Council Poli~y ~umber 17 requires that all developers requesting a discretionary action for a project pay a public facilities fee in the amount of 2.0 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 condominium conversion, the fee is calculated on the building valuation at the time the 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 by the applicant and submitted as follows: 1. Select the appropriate form for either (a) the developer and owner are the same party, or (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, partnership, corporation, etc. 3. Fill in the type of project proposed to be constructed, such as "a 12- unit condominium" or "30,000 square foot shopping center", etc., and the proposed name (if any). 4. Fill in the date the request will be (or was) submitted and the type of request, such as a "a tentative map", or a "condominium permit", "rezoning", etc. 5. Type a short legal description of the property on the last sheet (Exhibit "A"). Legal must be original, no reproduced copies will be accepted. -----------------------6.~gn--t~~e presence of a . acknowledgement of execution to the notary and have the notary attach form. 7. 8. 7/84 a. Fill out the title of the person partner, vice-president, 'etc.). corporate officer, the corporate signature. signing the form (general If the agreement is signed by a seal must be stamped by the b. The notary must be of the correct form (individual, partnership, corporation) and be completely and properly filled out. Use the attached forDLa.a....ortgin_~1j a rep~ed copy will not be ""' J~ accepted. ~t the ~ina,LQi_~e agreement and one c0!0 ~ A current copy of the preliminary title report must accompany each application. (The preliminary title report must have been issued within the last six months). " . RECORDING REQUESTED BY~ ~HEN RECORDED MAIL TO: C~TY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 ) ) ) ) ) ) Space above this line for Recorder's use Documentary transfer tax: $ No fee Signature of declarant determining tax-firm name City of Carlsbad Par c e 1 No. _-..f".;15""-"'6;....---'-/~d~O;....----:;;0---'-7 _____ _ . AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this ~day of February , 19~ by and between Alan Stanger & Louise Stanger (Name of Developer) a !.11 ij /tJ i Dun L S ' her e ina f t err e fer red t 0 a s (Corporation, partnership, etc.) "Developer" whose address is 2129 Bulrush Lane (Street) Cardiff, CA 92007 (City, State, Zip Code) and Jack Y. Kubota and Patricia R. Kubota, husband and wife as joint tenant~ (Name of Legal Owner) a individuals , hereinafter referred to as ----(rC~o---r~p-o~r-a~t~i~o-n-,--e~t-c-.~)~-------------------- "Owner" whose address 3800 Skyline Road is P.O. Box 1095, Carlsbad, CA (Street) (City, State, Zip Code) AND 92008 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. REV 4-2-82 : \ • RECITALS WHEREAS, Owner is the owner of the real property described on Exhibit "A", attached to and made a part of this agreement, and hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and WHEREAS, Developer has contracted with Owner to purchase the Property and proposes a development project as follows: ------------------ Dental Office on said Property, which development carries the proposed name of stanger Dental Building and ~s hereinafter referred to as "Development"; and WHEREAS, Developer filed on the 22 day of February 19 85 ,with the City a request for Site Development Plan hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and incorporated by this reference); and WHEREAS, Developer, Owner and City recognize the correctness of Council Policy No. 17 dated April 2, 1982, on file with the City Clerk and incorporated by this reference, and that the City's public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and -2- REV 4-2-82 • WHEREAS, Developer and Owner have asked the City to find that -public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer and Owner are aware that the City cannot and will not be able to make any such findings without financial assistance to pay for such services and facilities; and, therefore, Developer and Owner propose to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW, THEREFORE, in conside~ation of the recitals and the c 0 v en ant s c,o n t a i ned her e in, the par tie sag r e e a s f 0 110 w s : 1. The Developer and Owner shall pay to the City a public / facilities fee in an amount not to exceed 2% of the buildin~ 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 and Owner shall pay a fee for converS10n of e~isting building or structures into condominiums in an amount not to exceed 2% of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permits", "other construction permit" and "entitlement for use" as used in this agreement, except in reference to mobilehome sites or -3- REV 4-2-82 • 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 and Owner shall pay to City a public facilities fee in the sum of $1,150 for each mobilehome space to be constructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements require~ according to Titles 18, 20 or 21 of the CarLsbad Municipal Code. 2. The Developer and Owner may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer and Owner offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of t~is agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. -4- REV 4-2-82 • 4. City agrees to deposit the fees paid pursuant to this 'agreement in 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 and Owner to comply with any requirements of other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development herein described .• 6. All obligations hereunder shall terminate in the event the Requests made by Developer are not approvid. 7 . Any notice from one party to the other shall be . in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice ~s given to the City of personal delivery thereof to the City or by depositing same ~n the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. 7.2 If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. -5- REV 4-2-82 8. This agreement shall be binding upon and shall ~nure to the benefit of, and shall apply to, the respective successors and assigns of Developer, Owner and the City, and references to Developer, Owner or City herein shall be deemed to be reference to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's interest i~ the property shall have first assumed in writing the Developer's obligations hereunder. At such time as Owner ceases to have any interest in the Property, all obligations of Owner hereunder shall terminate; provided, however, that if any successor to the Owner's interest in the Property is a stranger to this agreement, such successor has first assumed the obligations of owner in writing in a form acceptable to City. 9. This agreement shall be recorded but shalL not create a lien or security interest on the Property. When the obligations of this agreement have been satisfied, City shall record a release. III III III III -6- REV 4-2-82 )-.., --. ' • • EXHIBIT "A" LEGAL DESCRIPTION Of Parcels 1, 2, & 3 of that portion of Lot 4 (fractional S.W. 1/4 of the S.W. 1/4) Section 31, Township 11 South, Range 4 West, San Bernardino t1eridian, in the County of San Diego, State of California, according to map thereof. ! .,~ . , --IN WITNESS WHEREOF, this agreement ~s executed in San Diego County, California as of the date first written above. OWNER: .:::r~ y k::L£.aoT4 ;NameWc~,~ (Name !A? .. .. -& Jl-4--u+&d ) i£ ~'-dCJ (Signature ;; ATTEST: ALETHA L. RAUTENKRANZ City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney DEVELOPER: Alan Stanger L~~7fp . CITY OF CARLSBAD, a municipal corporation of the State of California BY ~~----------------------------City Manager (Notarial acknowledgement of execution by DEVELOPER and OWNER must be attached. ) -7- REV 4-2-82 .. 1-ih.' ;;; "l 0> :0: OJ !5 ti " "" :E "" .:: 0-0 ~ ..: .. -a. ,g 11.1 ;;; "l 0> :0: OJ !5 l ti " "" I ~ I ..Ei .>i u ..: i u.i ~ I • ~i ! t';iil I I ~ 1 , /\ -- STATE OF CALIF%~WADIEGO } 55. COUNTY OF On PebruarY' 27, 1985 before me, the undersigned, a Notary Public in and for said County and State, 11 d Jack Y. Kubota and pepgtr~caneafL Kubota ____________________________ ~~~----' known to me h S' h . .=s-,,-a:.c.r--=e subscribed to the to be t e person __ w ose name_ within instrument and acknowledged that they executed the sa~~ j_ UVd-zZ. STATE OF CALIFORNIA } COUNTY OF SA!..:.N~D=-'I"--"E::....::Go...:;Oo__::__:=__----55. On P e,b. r lJ 9, r .t 27, 1 985 before me, the undersigned, a Notary Pilic in and for said County and State, personally appeared A a n S tan 9 era n d Louise Stanger ______________________________________ , known ro me to be the person_S __ whose nameS are subscribed to the within instrument and acknowledged that the Y executed the same. (~.;. . .,p". L @ SAFECO FOR NOTARY SEAL OR STAMP :*********************************** ~ OFFICIAL SEAL ~ * * * LENA M. ELROD ~ ~ NOTARY PUBLIC-CALIFORNIA : ;:: NOTARY BOND FILED IN * ~ SAN DICGO COUNiY ~ ; My Commission Expires October 11. 1988 * ******** •••• ********.******_.*-***.: @ SAFECO FOR NOTARY SEAL OR STAMP :*********** * ******* : **************** * / f>FFICIAL SEAL : : :;"$' LENA M' '" : ~ ~ NOTARY PUBLIC ELROD $ * <. ,-", NOTARY BON;CAlIFORNIA ". : 4'0"'" SAN c(' ,FILED IN : * My COmmis . Dl...."'O COUNTY '" ************~~:;:~:es October 11. 1988 i ***********"'****: 1 I TO : THE CITY ENGINEER THE CITY OF CARLSBAD 1200 ELM AVE. CARLSBAD, CA.92008 FROM: ALAN D. & LOUISE A. STANGER 2129 BULRUSH LANE CARDIFF-BY -THE-SEA ,CA. 92007 RE: SDP-85-4 IN ACCORDANCE WITH SDP-85-4 CONDITIONS OF APPROVAL #32, ( I ),WE HEREBY AGREE TO THE CITY OF CARLSBAD TO PROVIDE RECIPROCAL ACCESS TO THE OWNERS AND USERS OF THE ADJACENT PR~PERTIES OVER A COMMON DRIVEWAY. , f«) H{JIh-- AL~N;ziJ DATE fJ STATE OF CALIFORNIA COUNTY OF SAN DIEGO ~.:4.S!u~/ LOUISE A. STANGER (r---- DATE fa-Il-%~ On June: 18, 1985 , before me, the undersigned, a Notary Public in and for said State, personally appeared Alan D. Stanger and Louise A. Stanger ------------- proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowl~dged' tha t he execu ted the same. WITNESS,~y hand and official seal. B~\::ias I ---------L --t~oc.JSe- \ • /~fb-~P:- ?fNJ(::;~ -- ------------------------------- ------------:-----------2~o~eQ-.. --.---·~----------- -----------------------U"-'T' M~TC --Ae-c.6S -~--l\«.,c-, --tIloteut.6t--- _________ ____ -------. -f.\s-O\Jfr __ -------- 1" = 200· 138 -SO . '·0 600· RADIUS MAP REGARDING PROFESSIONAL OFFICE BUILDING 2585 PIO PICO DRIVE, CARLSBAD --J.Y. & P.R. KUBOTA e I 72 10 7~~ SDP 85'-4 ,~ I LAS F£OfES DRIVE ----------------~-- SITE ~.9~'··· 5T ANGER DENTAL OFFICE LOCATION MAP SCALE 1-:60' -0' SDP 8~-4 ) 5 -j 3-<:.'1,':; (, to>w A~~ H" -(/)0 OlOfTi <Jl7.)G:> vi° '"U~g C'>)>C' . -o:z @,~ . ~~ ~.to -< I\) < ~t9 11) t- 9 (,' c; I 10 Of'· ... ·66 (If.-. ~ EI1 z"g6 Z CHANGES BLK OLD NEW YR CUT /.20 40 1~:_~?83 34951 38 /<ILL 83 350) 43/501 6 7 ~llis~ 30~ 501 1.08-70 18412870 ,.< ~ 1 :" .. -::;' I 'i'<\' 1,(;'':;:0 15 1:t;;~/ff.188147~9 ,.-® I _ . -01 '\"~_ U1 "<:\ 0 F6[ t, :---.f2 52 8S IV '117, "".. ,c ~1, tr>1 ~ "~'r;,tir,go/cN 'p ~ C.I / fr8 c/ r: G ml.--'S '117/ j-~3d4'>W P 1 0 rUl r-. TOP , , OfT! 5 '~/tJ0(}2~. ~n ~~/~y~~ __ ~~~ ·./::.O .. f.,u~ ~.~ MI719 ::0 ;0 ~ :, Q,q t~ . ..., .. .. I LO. ". $V. \ OJ 1,. \ C lrv (!, ~ ..... "'7, Cb ~ f'll ~ ~Zl ~ »1 ~ fl.---- I, <I\() -I),. ® ® (f)1'1 -jl~ »1 s. tJ ctJ::.:2f....:.'E=--__ ~~ '-1;1\ , , , . \ 'y PI CO '" '" '" : .... ~ 284.85' ,.,/ ~ tJropt'(J1 W 43 .IS"'1 ® --.::D '--...... ZZ O{OD(;:)\Jol I I ~ <:\ ~ I.) I \7 ~ _\V I'> 73030 n v--. v.:> vv 22,j (od) ~~~~-/.~~~~~.4~2~~~/~OO~~4~-~~ N' n PMI4971 ~ ~ I :;;(;\~ J;Q~~~"'" CA i JJ\.£V ~ J.J -~'. 0-.1 IT" I'V '" -"l: ~ ~ ~ ~ ~~~ ~(\)t ~". '" -~ <:t 30 ~ '" 42 83 M .. : ~ -;..J /1/. tJ °3 Z. ''''' 3 "£ . ", 1,'0 'L_~,A) o L J V E ) : ~,~ R () 14~4~~ ~17~O~ .. -' ~ ~3~~_ I _l ft\ S./oS&'..30"W ~ -~ ~O\1J ~ f4 Vl ~ n ~~. _V '" ~"I ~ .~ ~ (j) ~ ..... (') ;I~ )} ""i l'} " I ~ ® ~ I, , ~ ~~, 'I~ N I' ~ ~ ~ l~ I " , • ' , ' '" 33 I~ , , , , " 4M85j ~I I\J ~ a ~~ :j OI~ e 'l ~ tJ)() I ~ -I o ~­-0 .. ~" ~ 202,6'S , h, % ~ I. ':; , I I~ '-"'1 ~ ~ NO'OZ'W f. r-1 (p ~ ~ '127 -~. ~ ~ ~ I ~ I Iii') ~I 07Z '\=i N ,~ J' ~ p , , __ "'r-, '" 0 '" '" 'r-z ~I . 2 B Z --l < I'f-' 5 0 00 Z. E 120 l;) JJ » » . fT1 -< ~ (j) JJ v-.,Il 0 ~ (j) 11)' » ® > ~\ I l . LAS F£OfES DRIVE j'" ___ --------L._ -'7j • SITE -~ • ~ ~~. X& • -... , ll) t::\ STANGER DENTAL OFFICE I_OCA TION MAP SCALE 1-:60' -0' SDP 'as-4 o 103 5~' ,,4 f·r ., f t · .. ~, ...... ' •...... ' •..... [ .. ' ',' ,~ "",~,' Pro-8.3 ·f ENVIRONMENTAL . EXEMPT OR EXCEPTED: ------------------------ Posted: Prior Compliance: Published: -------------------------------- Filed: Filed: --------- NEGATIVE DECIARATION: ---------------- Posted: Published: Notice of Detennination: ----------------------------- ENVIRONMENTAL IMPACT REPORT: Notice of ------No---ti~· c-e-o-f=-Notice of Detennination: Preparation:____________ Canpletion: ______ _ ---- PIANNING COMMISSION 1. Date of Hearing: ___ ---=&~-~Ic.:=:6);;;,..-_g.;;..:s_=_ ______ _ 2. Publication: IV' Irt -------~7~~---------- 3. Notice to Property CMners: ___ --'-tU:.rYA ........ __ _ I 4. Resolution No. ____ 02~L/...L.;50=_=_ _____ _ (~ntinued to: __________________ _ 5. Appeal: ------------------------ CITY COUNCIL 1. Date of Hearing: ;J/A 7 2. Notices to City Clerk: JJffl I 3. Agenda Bill: 4. Resolution No. 5. Ordinance No. O)RRESPCNDENCE . Staff RefX)rt to Applicant:· ___________ _ Resolution to Applicant: ________________ _ Date: &j;P:jgS ACTION: /lppcoued.., W IV-h fY} /()O to Date: Date: cthCU{Jf)~ i<W~ ~rh;,f\ *$'2.. ?Q( U.JP lYl~er rY'od;f1 ~rir~ ~C~ \(6 ~ 1b~ N\~~ ~ G ~c>-T ~"\Qd wo,d ~ ~ ACTION: ------------ ------- • • • PLANNING APPLICATION CHECKLIST , ITEM 'REQUIRED ' ENCLOSED ' NOT ENCLOSED (WHY) 'Ientati ve Map A Site Plan / B Landsca~ Plan V C Bldg. Elevation V D 8~ Site Plan ~ E 8~ Location / F EIA / G / PFF V H Disclosure Stmt / I Pro~rty CMners J 300' Map K School Letter L PTR ~ / , M /' Sewer / I N L_ Colored Emibit / L /JJhL-I 0 Stmt of A~t i P , fJ0r 00 :RECEIPT NO. DATE ________________ __ BACKGROUND DATA SHEET CASE NO: SDP 85-4 APPLICANT: Alan Stanger REQUEST AND LOCATION: Approval of a site development plan to construct a 2835 sq. ft. dental center at the south side of Las Flores Drive and east side of the 1-5 off-ramp. LEGAL DESCRIPTION: Parcel 1,2, and 3 of that portion of Lot 4 (fractional s.w of the SW 1/4) Section 31, Township 11 south, Range 4 west, San Bernardino Meridian, in the County of SD, State of California APN: 156-120-67 Acres .37 Proposed No. of Lots;Units N/A --------------~--------- GENERAL PLAN AND ZONING Land Use Designation o ---------- Density Allowed ____ N~/_A ______ _ Density Proposed N/A ~~--------- Existing Zone RP-Q ------~~---------Proposed Zone N/A -----~------- Surrounding Zoning and Land Use: Zoning Land Use Site RP-Q SFD North R-l SFD ----- South RPQ ---'~-Agriculture East RPQ SFD west Freeway Freeway PUBLIC FACILITIES School District Carlsbad water Carlsbad Sewer Carlsbad EDU's ------ Public Facilities Fee Agreement, dated ______ F_e_b_r_ua_ry-=-_2_2..:.,_19_8_5"--______ _ ENVIRONMENTAL IMPACT ASSESSMENT ~Negative Declaration, issued _____ M_a~y __ 2_0~,_1_9_8_5 ______ __ E. LR. Certified, dated __________________ _ Other, __________________________________________ _ CB <{ tJ) 0 a: <t>-n..4': -3 I U --~ I ./ I I ,,~ Of I '" jI) u; t$. ,~ I), , ...... U') ~ ~ w iii a: 0 -I lL. V> <t: .-1 of'Of ~ po. , .. / / / u ;( @~ <t: ~ If) > <{ Z w "::) d) Z ..J wo "20 I U f\j ~\C1. l .:n / _..... « a: o Q n. ~ .,.., . ., :1L-__________________ ~~-I ~\ ~ ~ I· ! - - - --- - - h m· ..t:: ~ o