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HomeMy WebLinkAboutSDP 85-09; PALOMAR AIRPORT BUSINESSES & TECH CTR; Site Development Plan (SDP)> . LAND US LANNING A PLICATIDN and DISCRETIONARY ACTIONS REQUEST o Zone Change o General Plan ArnenClment DTentative Tract Map o Major Planned Unit Development OMaster Plan o Major Redevelopment Pennit o Minor Redevelopment Penni t [JPrecise Development Plan (check other boxes if ,appropriate) DSpecific Plan x~Site Development Plan []Conditional Use Pennit OVariance [JPlanning Commission Determination OSpecial Use Pennit [JStructure Relocation []Major Condominium Permit OCoastal Permit {Portion of Re<je~relIDprnen.tI Area located Pleas Planned Industrial Planned Road (j) ~---~ - -----------------• I. SPECIFIC REQUIREMENTS General·Plan Amendment/Zone Change 1. Application Form 2. General Requirement Items F-O 3. Reproducible 1:500 scale map of subject property showing requested zoning and surrounding zoning and land uses. 4. Fee: General Plan Amendment $765.00 + $5.00 per lot or acre, whichever is higher. Zone Change: $655.00 Master Plan/Specific Plan 1. Application Form 2. General Requirement Items: -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 Minor $185.00 + 2.00 Amendment: Major $440.00 Specific Plan Minor $ 75.00 Tentative Tract Map 1. Application Form 2. General Requirement Items eighteen (18) copies of item A items E-P 3. Fee: $530.00 (1-25 lots or units) $765.00 (26-100 lots or units) $1,310 (100 + lots or units) Revision: $330.00 (1-25 units or lots) $545 .• 00 (26-100 units or lots) $765.00 (100+.units or lots) $150.00 Revision that does not change design of subdivision Major Planned qevelopment (5 or more units) 1. Application Form 2. General Requirement Items: eighteen (18) copies of items B-D items E-O acre acre 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 tentative map. .. . , i· CmCAGO TITLE COMPANY OF SAN DIEGO 555 WEST BEECH STREET, SUITE 101 SAN DIEGO, CAIJFORNIA 92101 -(619) 232-8921 PAGE 1 PRELIMINARY REPORT Home Federal Savings and Loan 625 Broadway, Suite 215 San Diego, CA 92101 Attention: Moheen May Your No. 1-24302 Our No. 49536-1 Disk No. 81 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 Policy or Policies 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 forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. <4 This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance 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: February 20, 1985 at 7:30 A.M'~I&'..Q ij, &Jl~. AR ES W. B OP Title Officers The form of policy of title insurance contemplated by this report is: CLTA OWNERS 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: HIROSHI UKEGAWA AND MIWAKO UKEGAWA, Husband and Wife as Joint Tenants, and JOE UKEGAWA AND IRENE UKEGAWA, Husband and Wife as Joint Tenants, each as to an undivided one-half interest, as tenants in common The land referred to in this Report is situated in the State of California, County of San Diego, and is described as follows: SEE ATTACHED LEGAL DESCRIPTION (j) ORDER NO. 49536-1 Disk No. 81 LEGAL DESCRIPTION That portion of that certain p.arcel of land shown and designated as "Description No. 3, 78.07 Acres" on Record of Survey Map No. 5715, filed in the Office of the County Recorder of San Diego County, December 19, 1960, being a portion of Lot "G" of the Rancho Agua Hedionda, in the County of San Diego, State of California, according to the Map thereof No. 823, filed in the Office of the County Recorder of said San Diego County, November 16, 1896, lying Southerly of the center line of County Road Survey No~ 1534 as shown on said Record of Survey Map No. 5715 (now known as Palomar Airport road) and lying Westerly of a straight line drawn Northerly from the most Northerly corner of "Description No.5" on said Record of Survey Map No. 5715 to a point on the center line of said Road Survey No. 1534 distant thereon North 78054'09" West, 110.74 feet from the Westerly terminus of that 1200.00 foot radius curve in the center line of said Road Survey No. 1534 as shown on said Record of Survey Map No. 5715. Order No. 49536-1 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 for the fiscal year 1984-85, first installment delinquent. 2. The lien of supplement taxes, if any, assessed pursuant to the provisions of Chapter 498, Statutes of 1983 of the State of California, as amended. 3. An easement for the transmission and distribution of electricity and incidental purposes in favor of San Diego Gas and Electric Company, recorded August 14, 1957 in Book 6706, Page 514 of Official Records. Refer to said document for a full description of the location of said easement and for further particulars. 4. An easement for public highway purposes (Road Survey 1534) and incidental purposes in favor of the County of San Diego, recorded February 16, 1960 as File No. 31696 of Official Records. Refer to said document for a full description of the location of said easement and for further particulars . . 5. Covenants, conditions and restrictions, (deleting therefrom any restrictions based on race, color or creed), as provided in an instrument recorded January 26, 1961 as File No. 15026 of Official Records. 6. An easement for roadway and utility purposes and incidental purposes in favor of Title Insurance and Trust Company, a corporation, recorded February 2, 1961 as File No. 19367 of Official Records. Refer to said document for a full description of the location of said easement and for further particulars. Said easement has also been created for the use and benefit of other properties and other various instrument of record. 7. A Certificate of Compliance recorded October 20, 1976 as File No. 76-346930 of Official Records. 8. A deed of trust, dated April 13, 1981 to secure an indebtedness in the original principal sum of $2,290,000.00, and any other amounts and/or obligations secured thereby, recorded April 15, 1981 as File No. 81-114275 of Official Records. Trustor: Trustee: Hiroshi Ukegawa and Miwako Ukegawa, husband and wife as joint tenants, and Joe Ukegawa and Irene Ukegawa, husband and wife as joint tenants each as to an undivided one-half interest as tenants in common as to Parcel 1, and Vista Lorna Investments, a partnership, as to Parcels 2 and 3 Southwest California Production Credit Association, a corporation Beneficiary: Southwest California Production Credit Association, a corporation Note: Affects this and other property. The lien or charge of said deed of trust was subordinated to the lien or charge of the deed of trust recorded May 27, 1982 as File No. 82-160874, by an agreement executed by Hiroshi Ukegawa, Miwako Ukegawa, Joe Ukegawa, Irene Ukegawa, Southwest California Production Credit Association, recorded May 27, 1982 as File No. 82-160873 of Official Records. The lien or charge of said deed of trust was subordinated to the lien or charge of the deed of trust recorded May 27, 1982 as File No. 82-160874, by an agreement executed by Hiroshi Ukegawa, Miwako Ukegawa, Joe Ukegawa, Irene Ukegawa, Southwest California Production Credit Association, recorded May 27, 1982 as File No. 82-160875 of Official Records. An instrument recorded May 9, 1984 as File No. 84-171304 of Official Records substitutes Ticor Title Insurance Company of California, formerly Title Insurance and Trust Company, a California corporation as trustee in said deed of trust. Notice of Default under the terms of the above deed of trust by the alleged owner and holder of the note secured thereby was recorded May 9, 1984 as File No. 84-171305 of Official ,.Records. Executed by Southwest California Production Credit Association, a corporation. 9. An easement for sewer and access purposes and incidental purposes in favor of - the City of Carlsbad, recorded May 11, 1982 as File No. 82-139472 of Official Records. Refer to said document for a full description of the location of said easement and for further particulars. 10. A deed of trust, dated May 24, 1982 to secure an indebtedness in the original principal sum' of $700,000.00, and any other amounts and/or obligations secured' thereby, recorded May 27, 1982 as File No. 82-160874 of Official Records. Trustor: Trustee: Beneficiary: Hiroshi Ukegawa &: Miwako Ukegawa, Husband &: Wife as Joint Tenants, &: Joe Ukegawa &: Irene Ukegawa, Husband &: Wife as Joint Tenants, each as to an undivided i interest, as tenants in common First National Bank, a national banking association First National Bank 11. A deed of trust, dated May 24, 1982 to secure an indebtedness in the original principal sum of $none sl')own, and any other amounts and/or obligations secured thereby, recorded May 27, 1982 as File No. 82-160876 of Official Records. Trustor: Trustee: Hiroshi Ukegawa and Miwako Ukegawa, husband and wife as joint tenants as to an undivided one-half interest; and Joe Ukegawa and June I. Ukegawa (who also acquired title as Irene Ukegawa), husband and wife as joint tenants as to an undivided one-half interest California First Bank, a California banking corporation ! , i , , i I I Beneficiary: Calif ornia First Bank 12. A deed of trust, dated April 25, 1983 to secure an indebtedness in the original principal sum of $430,715.08, and any other, amounts and/or obligations secured thereby, recorded July 20, 1983 as File No. 83-248658 of Official Records. Trustor: Trustee: Beneficiary: Hiroshi Ukegawa, Miwako Ukegawa, Joe Ukegawa &. Juen Ukegawa Title Insurance and Trust Company, a California corporation The City of San Diego, a Municipal Corporation 13. A deed of trust, dated September 21, 1983 to secure an indebtedness in the original principal sum of $none shown, and any other amounts and/or obligations secured thereby, recorded September 27, 1983 as File No. 83-345608 of Official Records. Trustor: Trustee: Beneficiary: Hiroshi Ukegawa and Miwako Ukegawa, husband and wife, as joint tenants and Joe Ukegawa and June Ukegawa, husband and wife as joint tenants Safeco Title Insurance Company, a California corporation Trical, Incorporated, a California corporation 14. A deed of trust, dated September 21, 1983 to secure an indebtedness in the original principal sum of $140,000.00, and any other amounts and/or obligations secured thereby, recorded September 27, 1983 as File No. 83-345618 of Official Records. Trustor: Trustee: Beneficiary: Hiroshi Ukegawa and Miwako Ukegawa, husband and wife as joint tenants and Joe Ukegawa and June Ukegawa, husband and wife as joint tenants Safe co Title Insurance Company, a California corporation Trical, Incorporated, a California corporation 15. An Abstract of Judgment rendered by the Superior Court in and for the County of Santa Clara. Case No.: Entered: Debtor: Creditor: Amount: Recorded: 533262 October 7, 1983 Ukegawa Brothers, Inc., a California corportion, Joe Ukegawa, Hiroshi Ukegawa Trical, Inc. $152,461.02 and any other amounts due thereunder January 10, 1984 as File No. 84-009115 of Official Records 16. A lien for the amount herein stated and any other amounts due, in favor of the United States of America,' filed in the Office of the District Director of Internal Revenue: Federal Serial No.: Taxpayer: Identifying No.: Amount: Recorded: 33-20-1124 Joe Ukegawa 529-30-2929N $500,425.80 July 10, 1984 as File No. 84-258752 of Official Records 17. A lien for the amount herein stated and any other amounts due, in favor of the United States of America, filed in the Office of the District Director of Internal Revenue: Federal Serial No.: Taxpayer: Identifying No.: Amount: Recorded: 33-20-1124 Miwako Ukegawa 571-48-0296N $500,425.80 July 10, 1984 as File No. 84-258753 of Official Records 18. A lien for the amount herein stated and any other amounts due, in favor of the United States of America, filed in the Office of the District Director of Internal Revenue: Federal Serial No.: Taxpayer: Identifying No.: Amount: Recorded: 33201124 Hiroshi Ukegawa 528-28-3785N $500,425.80 November 5, 1984 as File No. 84-416318 of Official Records NOTE: It is our understanding that the buyers in this transaction are: BOWEST CORPORATION, A Delaware Corporation ... Please advise us immediately if the names are misspelled, or if there are any other parties not shown herein above. NOTE: Chapter 1004, California Statutes of 1984 (S.B. 1550) became effective January 1, 1985. This legislation deals specifically and restrictively with disbursement of escrow and subescrow funds by title entities. This law requires that all funds be at least deposited to the Company's escrow and subescrow accounts prior to disbursement of funds. Additionally, drafts on any financial institution and all checks drawn on out of state financial institutions will be required to clear prior to closing (causing a delay of up to ten days or more after funding). In order to avoid material delays in closing and disbursements, all funding should either be by wire transfer or by checks drawn on California financial institutions. ' General and special County and City taxes, including personal property taxes: Fiscal Year: Amounts for pro-ration Total: First Installment: Penalty: Second Installment: Penalty and costs: Code area Parcel No.: Land Valuation: Improve ments: Personal Property: Exemption: 1984-85 purposes are: $1,307.38 $653.69 OPEN (DELINQUENT) $65.36 $653.69 OPEN $75.36 09096 212-040-25 $118,311.00 $NONE $NONE $NONE .. )ECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY 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 Parcel No. 212-040-25 -------------------------- AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE 26th d THIS AGREEMENT is entered into this ____ ay of June , 19 85 -------- by and between Bowest Development Corporation --------------------------------------------- (name of developer-owner) California Corporation , hereinafter referred to as --(~C~o-r-p-o-r-a-t~i~o-n-,-p-a-r-t-n-e-r-s~h~i~p-,--e-t-c-.~)-- a "Developer" whose address 1.S 3300 North Torrey Pines Court (streed La Jolla, CA 92037 and TBE CITY OF (City, state, zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter 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 City; and WHEREAS, Developer proposes a development project as follows: REV 4-2-82 • • .... on said Property, which development carr~es the proposed name of Palomar Airport Business and Technology Center and ~s hereafter referred to as "Development"; and . 26th June WHEREAS, Developer· f~led on the day of 85 f . Site Development Review 1 9 ___ ., wit h the Cit y are que s tor 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 is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated April 2, 1982, in file with the City Clerk and incorporated by this reference, and that the City's public facilities and serv~ces are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and 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 General plan as implemented by Council Policy No. 17 by payment of a public facilities fee. -2- REV 4-2-82 NOW, THEREFORE, til consideration of the reJitals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 2% of the building permit valuation of the building or struct~es to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other constr~ction permits for the development and shall be based on the valuation at that time. This fee shall be ~n 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 convers~on 0 f existing 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 ~n 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 th~s agreement, except in reference to mobilehome sites or projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the use or occupancy for which the development is intended. Developer shall pay to City a public facilities fee in the sum of $1,150 for each mobilehome space to be constructed pursuant to the 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 required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. -3- REV 4-2-82 • 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 I above. If Developer 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 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 ~aid 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. 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 p~ovide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and serv~ces sufficient to accommodate the needs of the Development herein described. -4- REV 4-2-82 6 . All Obligatio~ hereunder shall terminat~in the event the Requests made by Developer are not approved. 7. Any notice from one party to the other shall be Ln writing, and shall be dated and signed by the party 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 LS gLven to the City of personal delivery thereof to the City or by depositing same Ln the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. 7.2 If notice LS .given to Developer by personal delivery thereof to Developer or oy depositing the same Ln the United States Mail, enclosed Ln a sealed envelope, addressed to Developer at the - address as may have been designated, postage prepaid and certified. 8. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assLgns of Developer and the City, and references to Developer or City herein shall be deemed to be reference to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. 9. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. -5- REV 4-2-82 I e· • IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: Development BY __________________________________ _ <Title) ATTEST: ALETHA L. RAUTENKRANZ, City Clerk STATE OF CALIFORNIA ) ) SSe COUNTY OF SAN DIEGO) CITY OF CARLSBAD, a municipal corporation of the State of California BY __ ~~ __ ~ __________________ _ City Manager On June 26, 1985, before me, the undersigned, a Notary Public in and for said County and State, personally appeared James J. Schmid, personally known to me to be the President of Bowest Development Corporation, who executed the within instrument on behalf of the corporation. ,. WITNESS my hand and official seal. I f) • EXHIBIT "A" LEr.AL DESCRIPTION A PORTION OF LOT "Gil OF RANCHO AGUA HEDIONDA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 283, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. • , rJvv·~~ , i~~ bo'~ = • ~~ 'idW~ adwtbcc ~ T~1!r- ~w~ '~~ hd!~?? • ~ECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY 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 Parcel No. 212-040-25 -------------------- AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 26th day of June , 19 85 ------- by and between ---------------------------------------Bowest Development Corporation (name of developer-owner) Cal~fornia Corporation , hereinafter referred to as -(rC~o-r-p-o-r-a-t~i-o-n-,--p-a-r~t-n-e-r-s7h-i~p-,-e--t-c-.~- a "Developer" whose address 1.S 3300 North Torrey Pines Court (street> La Jolla, CA 92037 and TFIE CITY OF (City, state, zip code) CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, Cali·fornia, 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 WHERE~S, The Property lies within the boundaries of City; and WHEREAS, Developer proposes a development project as follows: REV 4-2-82 on said Property, which development carries the proposed name of Palomar Airport Business and Technology Center and ~s hereafter referred to as "Development"; and 85 19 _ 26th WHEREAS, Developer-f~led on the day of June ------------------------------- Site Development Review , with the City a request for 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 is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated April 2, 1982, in file with the City Clerk and incorporated by this reference, and that the City's public facilities and serv~ces are at capacity and will not be available to accommodate the additional need for public facilities and serVLces resulting from the proposed Development; and 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 General plan as implemented by Council Policy No. 17 by payment of a public facilities fee. -2- REV 4-2-82 • NOW, THEREFORE ~n consideration of the rettals and the covenants contained herein, the parties agree as follows: 1. The Developer shall pay to the City a public facilities fee in an amount not to exceed 2% of the building permit valuation of the building or structUTes 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 converSLon 0 f existing 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 Ln Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permits"; "other construction permit" and "entitlement for use" as used in this agreement, except in reference to mobilehome sites or projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the use or occupancy for which the development is intended. Developer shall pay to City a public facilities fee in the sum of $1,150 for each mobilehome space to be constructed pursuant to the 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 required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. -3- REV 4-2-82 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 I above. If Developer 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 this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction 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 facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and serVLces sufficient to accommodate the needs of the Development herein described. -4- ~EV 4-2-82 6. All obligations hereunder shall terminate Ln the event the Requests made by Developer are not approved. 7. Any notice from one party to the other shall be Ln writing, and shall be dated and signed by the party gLvLng such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice LS gLven to the City of personal delivery thereof to the City or by depositing same Ln the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. 7.2 If notice LS .given to Developer by personal delivery thereof to Developer or by depositing the same Ln the United States Mail, enclosed Ln a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. 8. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assLgns of Developer and the City, and references to Developer or City herein shall be deemed to be reference to and include their respective successors and assigns without specific mention of such successors and assLgns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. 9. This agreement shall be recorded but shall not create a lien or security interest in the Property. When the obligations of this agreement have been satisfied, City shall record a release. -5- REV 4-2-82 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO) On June 26, 1985, before me, the undersigned, a Notary Public in and for said County and State, personally appeared James J. Schmid, personally known to me to be the President of Bowest Development Corporation, who executed the within instrument on behalf of the corporation. " WITNESS my hand and official seal. • OFFICIAL SEAL BEVERLY T. WILSON ItOT'ARY PU8UC· CAUFORNIA SAN DIEGO COUNlY My Comm. &pIres April 8, 1987 IN WITNESS WHEREOF, this agreement 1S executed in San Diego County, California as of the date first written above. DEVELOPER-OWNER: Development sident BY --------------------------------------- (Title) ATTEST: ALETHA L. RAUTENKRANZ, City Clerk APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney CITY OF CARLSBAD, a municipal corporation of the State of California BY ----~----~----------------------City Manager (Notarial acknowledgement of execution by DEVELOPER-OWNER must be attached. ) -6- REV 4-2-82 • EXHIBIT "A" LE~AL DESCRIPTION A PORTION OF LOT "G" OF RANCHO AGUA HEDIONDA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 283, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. " ~ ~ , ~ ~ ~ . " ... • e .' "Important: This :plat is not a survey. It is merely furnished as a convenience to l'ocate the land in relation to adjoining streets and lands and not to guarantee any dimensions. distances. bearings. or acreage." • OFFER TO DEDICATE ~ other '1 . . ~ '.~ ~ ~, , l ~ \)';-~ '"' -, , , I~ ... ~ :::> ~ V .~ ~ ~ l~ -V') ..... ~ [~ <:> w ~ loY t...: 0 Z. V" CIt ~ Zo < .... ~ " o " ' .... :L~ U .... I. co "" ~ -~ ~ 'f' ~ • .., I'~ :. ~ ~ .>t ~~ I~ ." .. .... t-. ;;; .., ~ '" ~ CI ..., K. 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' t~ • ~ 0 -~ . ~ . f. :i -,:; i: ~ t -" c, "" ... ~~ i 1 .' t~ ~ Ii .t::t ! PALOMAR AIRPORf RD. ~ .. ® ~ ~ ~~-.;-{.. ~-'" ~~ ~ '~-e \."l- ~'5. RriO GLJA' H[DIONOA -POR l.OT G -MM514 I B); ,..... ~ , ''''( ~ . @PAR.A lil'! T..~~~ Io.S3AC IT ¥I I:: ~Jl1.' .~ '0 ~ ~ ~ 1>\ ':l\~ ~ -, , " <:. ~ (1) ~ I).. IIQ ~ " @ 49.36 AC. ~ Q.. H "R~~.l8· 55'W " ,,' '~<- l.U ,..-_ .;-.;.:.....~ ... (i2..:::..".7 . ~N.J ';0 C(I~' e • OFFER TO DEDICATE @DAR.C 1636AC~~ . .-----." ~ . 7.~ 4Z Af. ,8 9 -rv" <"OR'~tJ '; •. I2f'Gl" e ~. @ i2 36 K.. .. "\ . '--' . t{ < .'J' '\ . \ . ~ I 1 , Vl w C) Z <: J: ~ ,U ...,. @ 1.3. B9 AC· ~II+.". @ le.11 AC. @ 64 S.3 AC 2/%.45 , -.... 11~ ~ ~. ~ ~ ::::> V <\Ji~ ~ ~ ~ .~ ~I-' .to-. ~ :: IQ ~ ~~ ~ ~ ~ ... '" ~ w to.; 0" ~ .~ *~ Z tot t\I .... Cl t---'" -' t\l1-.9 -I~ 0 '-..... ~ II) .... ~ -' r1l /... C' EC-IS) _ .• lSE '" ._ ~ t.-·B (SEr. ;)(~:zZ) 3 ----.. _-. --. '" -~ @ eS.43AC c', .,e; .0 ' <..1~1"" 8 :-~' :. " .,'-. .:-:..= ~ .. 51 \ .. 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I ~ I I I i r I CHICAGO TITLE COMPANY OF SAN DIEGO 555 WEST BEECH STREET, SUITE 101 SAN DIEGO, CALIFORNIA 92101 -(619) 232-8921 PAGE 1 PRELIMINARY REPORT Home Federal Savings and Loan 625 Broadway, Suite 215 San Diego, CA 92101 Attention: Moheen May Your No. 1-24302 Our No. 49536-1 Disk No. 81 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 Policy or Policies 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 forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance 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: Februar~ 20,1985 at 7:30 A.M. 4k.i&xl ij, &Jj~, ffiRLES W. B OP Title Officers The form of policy of title insurance contemplated by this report is: CLTA OWNERS 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: HIROSHI UKEGAWA AND MIWAKO UKEGAWA, Husband and Wife as Joint Tenants, and JOE UKEGAWA AND IRENE UKEGAWA, Husband and Wife as Joint Tenants, each as to an undivided one-half interest, as tenants in common The land referred to in this Report is situated in the State of California, County of San Diego, and is described as follows: SEE ATTACHED LEGAL DESCRIPTION ,ORDER NO. 49536-1 Disk No. 81 LEGAL DESCRIPTION That portion of that certain parcel of land shown and designated as "Description No. 3, 78.07 Acres" on Record of Survey Map No. 5715, filed in the Office of the County Recorder of San Diego County, December 19, 1960, being a portion of Lot "G" of the Rancho Agua Hedionda, in the County of San Diego, State of California, according to the Map thereof No. 823, filed in the Office of the County Recorder of said San Diego County, November 16, 1896, lying Southerly of the center line of County Road Survey No~ 1534 as shown on said Record of Survey Map No. 5715 (now known as Palomar Airport road) and lying Westerly of a straight line drawn Northerly from the most Northerly corner of "Description No.5" on said Record of Survey Map No. 5715 to a point on the center line of said Road Survey No. 1534 distant thereon North 78°54'09" West, 110.74 feet from the Westerly terminus of that 1200.00 foot radius curve in the center line of said Road Survey No. 1534 as shown on said Record of Survey Map No. 5715. Order No. 49536-1 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 for the fiscal year 1984-85, first installment delinquent. 2. The lien of supplement taxes, if any, assessed pursuant to the provisions of Chapter 498, Statutes of 1983 of the State of California, as amended. 3. An easement for the transmission and distribution of electricity and incidental purposes in favor of San Diego Gas and Electric Company, recorded August 14, 1957 in Book 6706, Page 514 of Official Records. Refer to said document for a full description of the location of said easement and for further particulars. 4. An easement for public highway purposes (Road Survey 1534) and incidental purposes in favor of the County of San Diego, recorded February 16, 1960 as File No. 31696 of Official Records. Refer to said document for a full description of the location of said easement and for further particulars. 5. Covenants, conditions and restrictions, (deleting therefrom any restrictions based on race, color or creed), as provided in an instrument recorded January 26, 1961 as File No. 15026 of Official Records. 6. An easement for roadway and utility purposes and incidental purposes in favor of Title Insurance and Trust Company, a corporation, recorded February 2, 1961 as File No. 19367 of Official Records. Refer to said document for a full description of the location of said easement and for further particulars. Said easement has also been created for the use and benefit of other properties and other various instrument of record. 7. A Certificate of Compliance recorded October 20, 1976 as File No. 76-346930 of Official Records. 8. A deed of trust, dated April 13, 1981 to secure an indebtedness in the original principal sum of $2,290,000.00, and any other amounts and/or obligations secured thereby, recorded April 15, 1981 as File No. 81-114275 of Official Records. Trustor: Trustee: Hiroshi Ukegawa and Miwako Ukegawa, husband and wife as joint tenants, and Joe Ukegawa and Irene Ukegawa, husband and wife as joint tenants each as to an undivided one-half interest as tenants in common as to Parcell, and Vista Lorna Investments, a partnership, as to Parcels 2 and 3 Southwest California Production Credit Association, a corporation Beneficiary: Southwest California Production Credit Association, a corporation Note: Affects this and other property. The lien or charge of said deed of trust was subordinated to the lien or charge of the deed of trust recorded May 27, 1982 as File No. 82-160874, by an agreement executed by Hiroshi Ukegawa, Miwako Ukegawa, Joe Ukegawa, Irene Ukegawa, Southwest California Production Credit Association, recorded May 27, 1982 as File No. 82-160873 of Official Records. The lien or charge of said deed of trust was subordinated to the lien or charge of the deed of trust recorded May 27, 1982 as File No. 82-160874, by an agreement executed by Hiroshi Ukegawa, Miwako Ukegawa, Joe Ukegawa, Irene Ukegawa, Southwest California Production Credit Association, recorded May 27, 1982 as File No. 82-160875 of Official Records. An instrument recorded May 9, 1984 as File No. 84-171304 of Official Records substitutes Ticor Title Insurance Company of California, formerly Title Insurance and Trust Company, a California corporation as trustee in said deed of trust. Notice of Default under the terms of the above deed of trust by the alleged owner and holder of the note secured thereby was recorded May 9, 1984 as File No. 84-171305 of Official Records. Executed by Southwest California Production Credit Association, a corporation. 9. An easement for sewer and access purposes and incidental purposes in favor of the City of Carlsbad, recorded May 11, 1982 as File No. 82-139472 of Official Records. Refer to said document for a full description of the location of said easement and for further particulars. 10. A deed of trust, dated May 24, 1982 to secure an indebtedness in the original principal sum of $700,000.00, and any other amounts and/or obligations secured thereby, recorded May 27, 1982 as File No. 82-160874 of Official Records. Trustor: Trustee: Beneficiary: Hiroshi Ukegawa &. Miwako Ukegawa, Husband &. Wife as Joint Tenants, &. Joe Ukegawa &. Irene Ukegawa, Husband &. Wife as Joint Tenants, each as to an undivided t interest, as tenants in common First National Bank, a national banking association First National Bank 11. A deed of trust, dated May 24, 1982 to secure an indebtedness in the original principal sum of $none shown, and any other amounts and/or obligations secured thereby, recorded May 27, 1982 as File No. 82-160876 of Official Records. Trustor: Trustee: Hiroshi Ukegawa and Miwako Ukegawa, husband and wife as joint tenants as to an undivided one-half interest; and Joe Ukegawa and June I. Ukegawa (who also acquired title as Irene Ukegawa), husband and wife as joint tenants as to an undi vided one-half interest California First Bank, a California banking corporation Beneficiary: California First Bank 12. A deed of trust, dated April 25, 1983 to secure an indebtedness in the original principal sum of $430,715.08, and any other. amounts and/or obligations secured thereby, recorded July 20, 1983 as File No. 83-248658 of Official Records. Trustor: Trustee: Beneficiary: Hiroshi Ukegawa, Miwako Ukegawa, Joe Ukegawa &. Juen Ukegawa Title Insurance and Trust Company, a California corporation The City of San Diego, a Municipal Corporation 13. A deed of trust, dated September 21, 1983 to secure an indebtedness in the original principal sum of $none shown, and any other amounts and/or obligations secured thereby, recorded September 27, 1983 as File No. 83-345608 of Official Records. Trustor: Trustee: Beneficiary: Hiroshi Ukegawa and Miwako Ukegawa, husband and wife, as joint tenants and Joe Ukegawa and June Ukegawa, husband and wife as joint tenants Safeco Title Insurance Company, a California corporation Trical, Incorporated, a California corporation 14. A deed of trust, dated September 21, 1983 to secure an indebtedness in the original principal sum of $140,000.00, and any other amounts and/or obligations secured thereby, recorded September 27, 1983 as File No. 83-345618 of Official Records. Trustor: Trustee: Beneficiary: Hiroshi Ukegawa and Miwako Ukegawa, husband and wife as joint tenants and Joe Ukegawa and June Ukegawa, husband and wife as joint tenants Safeco Title Insurance Company, a California corporation Trical, Incorporated, a California corporation 15. An Abstract of Judgment rendered by the Superior Court in and for the County of Santa Clara. Case No.: Entered: Debtor: Creditor: Amount: Recorded: 533262 October 7, 1983 Ukegawa Brothers, Inc., a California corportion, Joe Ukegawa, Hiroshi Ukegawa Trical, Inc. $152,461.02 and any other amounts due thereunder January 10, 1984 as File No. 84-009115 of Official Records 16. A lien for the amount herein stated and any other amounts due, in favor of the United States of America, filed in the Office of the District Director of Internal Revenue: Federal Serial No.: Taxpayer: Identifying No.: Amount: Recorded: 33-20-1124 Joe Ukegawa 529-30-2929N $500,425.80 July 10, 1984 as File No. 84-258752 of Official Records .17. A lien for the amount herein stated and any other amounts due, in favor of the United States of America, filed in the Office of the District Director of Internal Revenue: Federal Serial No.: Taxpayer: Identifying No.: Amount: Recorded: 33-20-1124 Miwako Ukegawa 571-48-0296N $500,425.80 July 10, 1984 as File No. 84-258753 of Official Records 18. A lien for the amount herein stated and any other amounts due, in favor of the United States of America, filed in the Office of the District Director of Internal Revenue: Federal Serial No.: Taxpayer: Identifying No.: Amount: Recorded: 33201124 Hiroshi Ukegawa 528-28-3785N $500,425.80 November 5, 1984 as File No. 84-416318 of Official Records NOTE: It is our understanding that the buyers in this transaction are: BOWEST CORPORATION, A Delaware Corporation Please advise us immediately if the names are misspelled, or if there are any other parties not shown herein above. NOTE: Chapter 1004, California Statutes of 1984 (S.B. 1550) became effective January 1, 1985. This legislation deals specifically and restrictively with disbursement of escrow and subescrow funds by title entities. This law requires that all funds be at least deposited to the Company!s escrow and subescrow accounts prior to disbursement of funds. Additionally, drafts on any financial institution and all checks drawn on out of state financial institutions will be required to clear prior to closing (causing a delay of up to ten days or more after funding). In order to avoid material delays in closing and disbursements, all funding should either be by wire transfer or by checks drawn on California financial institutions. G~!!~ral and special County and City taxes, including personal property taxes: Fiscal Year: 1984-85 Amounts for pro-ration purposes are: Total: $1,307.38 First Installment: $653.69 OPEN (DELINQUENT) Penalty: $65.36 Second Installment: $653.69 OPEN Penalty and costs: $75.36 Code area 09096 Parcel No.: 212-040-25 Land Valuation: $118,311.00 Improvements: $NONE Personal Property: $NONE Exemption: $NONE . ___ (j) ( ClfY'1)1i'"etM8BAD 1200 ELM Al/ENUE CARLSBAD, CALIFO ... "IA 92008 438·5621 ACCOUNT NO. T RECeiPT NO. 511 2Z 'ol-'o DATE &, /2~/C"~-r I DESCRIPTION AMOUNT t I I f J . I 1 I •• I -- ~ I ~y TOTAL ~4c '-:--' -.:4:.....:~ .. ""'~.J.J&L~l-o~~~~~J\~" If .. ~J~;c~._>-'" \ APPLICANT DISCLOSURE FORM In order to assist the members of the Planning Commission and City Council to avoid possible conflicts of interest, all appli- cants are required to complete this disclosure form at the time of submitting their application. When this form has been com- pleted and signed, the information will be relied upon by them in determining if a 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 gen- eral or limited) or a joint venture, please state the full name, address and phone number of each person or individual (including trusts) who own any beneficial interest in the property which is the subject of this application. Should one or more parties to the application be a partnership or joint venture, then please state the full legal name of the partnership or joint venture, its legal address and the name and address of each individual person who is a general and/or limited partner or member of the joint venture. Should one or more of the parties be a privately held corporation (10 shareholders or less) or a real estate syndication, then please state the state of incorporation' or syndication, corporate number, date of incorporation or syndication, corporate or syn- dicate address, and the full names and addresses of each individual shareholder or syndicate member. Should the corpor- ation be a publically held corporation, then state the full name and address of the corporation, the place of its incorporation, number of shareholders, and the name and address of the officers of the corporation. Should you feel that additional information needs to be provided in order to provide a full disclosure, please include it. , . . , e e r if'one (1) copy each of ~ 1/2"x11" site plan and elevations. F. One (1) copy of 8 1/2"x11" lpcation map (suggested scale 200" -vicinity maps on the site plan are not acceptable) G. Environmental Impact Assessment Form ($175) H. Public Facility Agreement: 2 copies: One (1) notorized original, One (1) reproduced copy. ~. Disclosure Statement J. Property Owners' List and Addressed Stamped EnvelQpes (Not needed for site Development Plan, special Use Permit, Planning Commission Determination and Minor Condominium Permit) 1) a typewritten list of the names and addresses of all property owners and occupants within a 600 foot radius of subject property (including the applicant and/or owner). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. 2) Two separate sets of legal size (#10), addressed stamped envelopes (four sets for condominium conversions) of the property o\'mers and occupants wi thin a 6 OO-foot radius of subject property. For any address other than single family residence, apartment or suite number must be included. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON ENVELOPES AND LEAVE RETURN OF ADDRESS BLANK. 3} For Condominium Conversions, two separate sets of addressed, stamped envelopes of all existing tenants is required. K. 600 Foot Radius Map (Not needed for site Development Plan, Planning Commission Determination and Special Dse Permit). A'map to scale not less than 1" = 200' showing each lot within 600 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 Land Use Planning Manager if the required scale is impractidal. L. For residential projects within Vista, 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. M. N. '0. P. For residential projects within the Carlsbad Unified School District and the San Marco Unified School District, the applicant shall submit written confirmation that school facilities will be available and serve the "project at time of need. preliminary Title Report (current within the last six months) Proof of sewer availability if located in the Leucadia County Water District. Colored Site Plan and Elevation Plan (Not required with first submittal). It is the Applicant's responsibility to bring one copy of a colored site plan and one copy of a colored elevation to the Land Use Planning Office by Noon two days prior to the Planning Commission meeting. Statement·of agreement to waive tentative tract map time limits. I I I i I In aftar the information~u hav~ submitted. has been r:1ifWed , it is determined ,Lhat further informatio~ requ~red, you w~~l be so a ed. 1U?PLlCANT: Bowest Development CorpD~ation Name -(individual, partnership, joint venture, corporation, syndication) AGENT: NEt-IBERS: 3300 North Torrey ~ines Court, La Jolla, CA 92037 Business Address (619) 452-7870 Telephone Number James J. SchTI\id Name 3300 North Torrey -Pines Court, La Jolla~ -CA 92037 Business Address (619) ,452-7870, E~t. 547 Telephone Number Rawest Corporation -Name '(individual, partner, joint_ venture, corpor~tion, syndication) NA Home Address 3300 North Torrey Pines Court. La Jolla, CA 92037 Business Address (619) 452-7870 Telephone N~~er Telephone Number Arthur J. Damschen, Chairman (619) 452-7870 Home Address 3300 North Torrey Pines Court, La Jolla, CA 92037 3~siness Address Telephone Number Telephone ~Iulnber Dirk Broekema, Jr., President (619 ) 3300 North'Torrey. Pines Court, La Jolla, CA 92037 (Attach more sheets if necessary) c' liNe c;lecla.:::'e unde:::-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 a~ended. --------------------------------------------" ~PL&"'lENI'AL INFOR.."1ATION FORr1 e VARIANCE 1) Gross kres (or square f<XJtage, if less than acre) _____________ _ 2) Zone __ ~ __________ --------------------------------------------- 3) General Pla."l Land Use Designaticn _______ ~------------ 4) By law a Variance may be awroved cnly if certain facts are found to exist. Please read thase requirements carefully and explain how t~ proposed project meets each of t~se facts. ~e additicnal sheets if necessary. a) Explain wb¥ there are exceptlc:nal or extraordinary circllI1'lSi:ances or cx:nditicns applicable to tre property or to the intended use that do not apply' generally to t~ othar property ~r class' of use in the same vic:inity and ZC'le: . . b) Explain why such variance is necessary for the preservaticn and enjoyment of a substantial property right possessed by other property in the same vici..."1ity and zcne but which is denied to the property in question: c) Explain why the granting of such variance .. vill not be materially detrimental to the public welfare or injurious to ·the property or improvements :in such vic:inity and zcne in which tlB property is lCX!ated d) Explai.."l v·ih'.l the granting of such variance \-.rill not adversely affect tha co.nprehensive general plan: _________________ . _______ _ ---------------------------------------------------------------- ~ .: , EXHIBIT "A" LEr.AL DESCRIPTION A PORTION OF LOT "G" OF RANCHO AGUA HEDIONDA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 283, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. Planning Commission Determination 1. Application Form 2. One page statement precisely indicating the determination request. 3. General Requirement Items: • eighteen (18) copies of items B-D (if applicable) items F-I, L, M, 0 4. General Requirement Items for Density Determination: eighteen (18) copies items B-D items E-I, L-O 5. Fee: $330.00 Major and Minor Redevelopment Permits 1. Application Form 2. General Requirement Items: Major: eighteen (18) copies of Item B-D items E-M and material samples (if applicable) Minor: eighteen (18) copies of items B-D (if applicable) items E-F, H-M and material samples (if applicable) 3. Fee. (Not established except where other permit is necessary). 4. Coastal Permit if applicable. Structure Relocation 1. Application Form 2. General Requirement Items eighteen (18) copies of Band D items E, F, H, I, M inspection notice from the Building Department 3. Fee: $120.00 NOTE: INCOMPLETE SUBMITTALS WILL PREVENT OR SIGNIFICANTLY DELAY THE PROCESSING OF A PROJECT II. GENERAL REQUIREMENTS A. Tentative map/preliminary grading plan (24" x 36" folded to 8 1/2" x 11") Each tentative map/preliminary grading plan shall contain the following information: (1) Name and address of the owner whose property is proposed to be subdivided and the name and address of the subdivider; (2) Name and address of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the maps; (3) North point; (4) Scale; vicinity map; Site 1 • 2 • 3 • • Residential Condominiums $530.00 (50 units or less) $1,090.00 (50 units or more) $365.00 (Amendment for 50 units or less) $655.00 (Amendment for 50 units or more) $ 5.00 unit (Notification of Tenants for Condominium Conversion) Residential Planned unit Development $530.00 (50 units or less) $1,090.00 (51 units or more) $275.00 (Amendment for 50 units or less) $545.00 (Amendment for 50 units or more) Non Residential Condominiu~ or Planned unit Development $420.00 (50 or less units) $1,090.00 (50 or more units) $220.00 (Amendment for 50 or less units) $400.00 ( Amendment for 50 or more units) Development Plan Application Porm General Requirement Items eighteen (18) copies of items B-D items E-I, M-O Fee: $365.00 Conditional Use Permit/Special Us~ Permit/Precise Development Plan 1. Application For~ 2. General Requirement Items: eighteen (18) copies of items B-D items E-O (items L,M & N not required for Special Use Permit) 3. Fee: $420.00 Conditional Use Permit/Special Use Permit $440.00 Precise Development plan 4. Additional information may be required by the Enqineering Department for Special Use Permits Variance 1. Application Form 2. General Requirement Items: eighteen (18) copies of item Band D (if applicable) items E, F, H-K, M, 0 3. Variance Supplemental Sheet 4. Fee: Single Family = $150.00 Other = $420.00 distances between buildings and/or structures building setbacks (front, rear and sides) location, height, and materials of walls and fences location of freestanding signs . all driveways to scale on adjacent and across the street properties for a distance of 100 feet beyond the limits of subject site. existing curbs, gutters, sidewalks and existing paving widths within 100 feet on adjacent and across the street properties. typical street section any existing median islands within 100 feet of subject site. nearest cross streets on both sides with plus or minus distances from subject site. location of all buildings within 100 feet of subject properties. a vicinity map showing major cross streets a summary table indicating the following information: site acreage existing zone and land use proposed land use total building coverage building sq. footage . percent landscaping number of parking spaces sq. footage of open/recreational space (if applicable) cubic footage of storage space (if applicable) ADDITIONAL DATA REQUIRED: UNLESS A TENTATIVE MAP IS SUBMITTED ALL DATA REQUIRED FOR A TENTATIVE MAP SHALL BE SUBMITTED ON THE SITE PLAN. c. Preliminary Landscape Plan (24" x 36" folded to 8 1/2" x 11") shall include the following information: 1. Landscape zones per the City of Carlsbad Landscape Guidelines Manual 2. Typical plant species and their sizes for each planting zone 3. An estimate of the yearly amount of irrigation. (supplemental) water required to maintain each zone. 4. Landscape maintenance responsibility (private or common) for all areas. 5. Percent of site used for landscaping D. Building Elevations and Floor Plans* (24"x36" folded to 8 1/2" x 11") floor plans with square footages included location and size of storage areas all buildings, structures, walls and/or fences, signs and exterior lights. NOTE: ALL PLANS AND EXHIBITS MUST BE FOLDED IN A SIZE NOT TO EXCEED 8 1/2" x 11". (5) Date of preparation; (6) The location, width and proposed names of all streets within the boundaries of the proposed subdivision and approximate grades thereof; (7) Location and width of alleys; (8) Name, location and width of adjacent streets; (9) Lot lines and approximate dimensions and numbers of each lot; (10) Approximate location and width of watercourses or areas subject to inundation from floods, and location of structures, irrigation ditches and other permanent physical features; (11) Approximate contours at l' intervals for slopes less than 5%, 2' intervals for slopes between 5% and 10%, and 5' intervals for slopes over 10%. (both existing and proposed). Existing and proposed topographic contours within a 100 foot'perimeter of the boundaries of the site. Existing on-site trees; those to be removed and those to be saved; (12) Approximate location of existing buildings and permanent structures and proposed condominium buildings; (13) Location of all major vegetation, showing size and type; (14) Legal description of the exterior boundaries of the subdivision (approximate bearings, distances and curve data); (15) width and location of all existing or proposed public or private easements; (16) Classification of lots as to intended residential, commercial, industrial or other uses; (17) Location of railroads; (18) Approximate radii of curves of streets; (19) Proposed name and city tract number of the subdivision; (20) Any proposed phasing by units; (21) Number of units to be constructed when a condominium or community apartment project is involved. (22) Method of draining each lot; (23) Earthwork Volumes (24) Also, proposed utilities, existing street, sewer, water, and storm drainage improvements along the subdivision frontage, including street lights and fire hydrants on both sides of the street within 300 feet of the subdivision. (25) Typical street section for all adjacent streets and stre~ts within the project. B. Site Plan (folded to 8 1/2" x 11") shall include the following information: Name and address of applicant, engineer and/or arc- hitect, etc. All easements Dimensioned locations of: access, both pedestrian and vehicular, showing service are~s and points of ingress and egress off-street parking and loading areas showing location, number and typical dimensionn of spaces, and wheel stops. ' ' , ' STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time restriction on Planning Commission processing of Tentative Maps and a thirty (30) day time limit for City Council action. These time limits can only be extended by the mutual concurrence of the applicant and the City. By accepting applications for Tentative 'Maps concurrently with applications for other approvals which are prerequisites to the map; i.e., Environmental Assessment, Environmental Impact Report, Condominium Plan, Planned Unit Development, etc., the fifty (50) day time limits and the thirty (30) day time limits are often exceeded. If you wish to have your application processed concurrently, this agreement must be signed by the applicant or his agent. If you choose not to sign the statement, the City will not accept your application for the Tentative Map until all prior necessary entitlements have been processed and approved. The undersigned understands that the processing time required by the City may exceed the time limits, therefore the undersigned agrees to extend the time limits for Planning Commission and City Council action and fully concurs with any extensions of time up to one year from the date the application was accepted as complete to properly review all of the applications. Signature Name (Print) FORM: PLANNING 37, REVISED 3/80 Date Relationship to Application (Property Owner-Agent) -AGREEMENT TO EXTEND TIME LIMITS TO ALLOW REVIEW OF THE LAND USE ELEMENT OF THE GENERAL PLAN In a desire to assist 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 undersign~d 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 to that resolution. Signature of Applicant or Date Authorized Agent Name (print) Title (Applicant, Authorized Agent, etc.) APPROVED: Michael J. Holzmiller Land Use Planning Manager · .. i @) I