HomeMy WebLinkAboutSDP 85-11; ALICANTE VIEW APARTMENTS; Site Development Plan (SDP),-LAND U PLANN.ING PLICATION
DISCRETIONARY ACTIONS
REQUEST
o Zone Change o General Plan Amendment
.rXl Tentative Tract Map G
!Xl Major Planned Unit Development
OMaster Plan o Major Redevelopment Penni t
DMinor Redevelopment Pennit
[JPrecise Development Plan
(check other boxes if appropriate)
DSpecific Plan
[]Site Development Plan
[]Conditional Use Permit
OVariance
OPlanning Commission Determination
DSpecial Use Permit
DStructure Relocation
[)Major Condominium Permit
OCoastal Permit (Portion of Redevelopmen
Area
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I. SPECIFIC REQ!REMENTS •
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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
Specific Plan Amendment: Major $440.00
Minor $ 75.00
Tentat~ve 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
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.
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CmCAGq.wTLE COMPANY OF SAN DIEGO.
555 W. BEECH STREET, SUITE 101
SAN DIEGO, CALIFORNIA 92101 -(6I9) 232-8921
PAGE 1
PRELIMINARY REPORT
AMENDED
CHARTER PACIFIC CAPITAL CORPORATION
1400 COLUMBIA CENTER
SAN DIEGO, CA 92101
Attention: HAL G. KUYKENDALL
Your No. LA COSTA
Our No. 51545-1
Disk No. 2/3
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: AUGUST 28, 1985 at 7:30 A.M. ;Z/./ J?IIO-;k
BILL SCHUF ER
Title Officer
The form of -policy of title insurance contemplated by this report is: GUARANTEE
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:
CHARTER PACIFIC CAPITAL GROUP.
a California corporation
The land referred to in this Report is situated in the State of California, County of
San Diego, and is described as follows:
Lots 229, 230, 231 and 232 of LA -COSTA VALLEY UNIT NO.5, in the City of Carlsbad,
County of San Diego, State of California, according to Map thereof No. 6730, filed in
the Office of the County Recorder of San Diego County, September 8, 1970 •
. : ,.
Order No. 51545-1
A t the date hereof exceptions to coverage, in addi tion to the printed exceptions and
exclusions contained in said policy form, would be as follows:
1. General and special taxes, a lien not yet payable, for fiscal year 1985-86.
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 over that portion of said land as shown on the Map of said Tract.
For drainage.
Affects: Lot 232.
4. Covenants, conditions and restrictions, (deleting therefrom any restrictions based
on race, color or creed), as provided in an instrument recorded September 8, 1970
as File No. 162849 of Official Records.
Said instrument provides that a violation thereof shall not' defeat or render invalid
the lien of any mortgage or deed of trust made for value.
Said covenants, conditions and restrictions were purportedly modified by an
instrument recorded September 11, 1970 as File No. 164949 of Official Records.
Said covenants, conditions and restrictions were purportedly modified by an
instrument recorded October 27, 1970 as -File No. 196322 of Official Records.
5. An easement for above and below ground public utilities and incidental purposes
in favor of the SAN DIEGO GAS &: ELECTRIC COMPANY, a corporation, recorded
December 19, 1973 as File No. 73-349538 of Official Records.
Refer to said document for a full description of the location of said easement
and for further particulars.
/
6. An agreement between Caringa Investment, Inc., Land M Professional Consultants,
Inc. and 'the City of Carlsbad for the payment of a public facilities fee, recorded
August 27, 1981 as File No. 81-274340 of Official Records.
7. An easement for above and below ground public utilities and incidental purposes
in favor of the SAN DIEGO GAS AND ELECTRIC COMPANY, a corporation,
recorded June 29, 1982 as File No. 82-200289 of Official Records.
Refer to said document for a full description of the location of said easement
and for further particulars.
8. An agreement between Caringa Investment, Inc., and the City of Carlsbad for
the payment of a public facilities fee, recorded June 3, 1983 as File No. 83-
186838 of Official Records.
9. An agreement between Caringa Investments, Inc., Regis Construction Company
and the City of Carlsbad for the payment of a public facilities fee, recorded
October 20, 1983 as File No. 83-378944 of Official Records.
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10. A deed of trust, dated August 2, 1985 to secure an indebtedness in the original
principal sum of $1,022,000.00, and any other amounts and/or obligations secured
thereby, recorded August 9, 1985 as File No. 85-286696 of Official Records.
Trustor:
Trustee:
Beneficiary:
CHARTER PACIFIC CAPITAL GROUP, a California
corporation
.BANK OF AMERICA NATIONAL TRUST AND SAVINGS
ASSOCIATION, a national banking association
PERCOVA CORPORATION, a California corporation
The beneficial interest under said deed of trust was assigned of record to BANK
OF AMERICA NT & SA, a national banking association, recorded Allgust 9, 1985
as File No. 85-286697 of Official Records.
11. A deed of trust, dated August 8, 1985 to secure an indebtedness in the original
principal sum of $314,000.00, and any other amounts and/or obligations secured
thereby, recorded August 9, 1985 as File No. 85-287011 of Official Records.
Trustor:
Trustee:
Beneficiary:
CHARTER PACIFIC CAPITAL GROUP
SAFECO TITLE INSURANCE COMPANY, a California
corporation
DAVID SMITH
12. A deed of trust, dated August 8, 1985 to secure an indebtedness in the original
principal sum of $(none shown), and any other amounts and/or obligations secured
thereby, recorded August 9, 1985 as File No. 85-287012 of Official Records.
Trustor:
Trustee:
Beneficiary:
CHARTER PACIFIC CAPITAL GROUP
-SAFECO TITLE INSURANCE COMPANY, a California
corporation
NEWMAN MORTGAGE ADVISORS
13. A deed of trust, dated August 9, 1985 to secure an indebtedness in the original
principal sum of $71,632.00, and any other amounts and/or obligations secured
thereby, recorded August 28, 1985 as File No. 85-313960 of Official Records.
Trustor:
Trustee:
Beneficiary:
CHARTER PACIFIC CAPITAL GROUP
FIRST AMERICAN TITLE INSURANCE COMPANY, a
California corporation
SAN MARCOS UNIFIED SCHOOL DISTRICT
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General and special County and City taxes, including personal property taxes:
Fiscal Year: 1984-85
Amounts for pro-ration purposes are:
Total: $3,469.98
First Installment: $1,734.99 PAID
Penalty: $113.50
Second Installment: $1,734.99 PAID
Penalty and costs: $183.50
Code area 09062
Parcel No.: 215-240-01
Land Valuation: $314,189.00
Improvements: $NONE
Personal Property: $N ONE
Exemption: $NONE
Affects: Lot 229.
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:
Improvements:
Personal Property:
Exemption:
Affects: Lot 230.
1984-85
purposes are:
$3,194.56
$1,597.28 PAID
$159.73
$1,597.28 PAID
$169.13
09062
215-240-02
$288,911.00
$NONE
$NONE
$NONE
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:
Improvements:
Personal Property:
Exemption:
Affects: Lot 231.
1984-85
purposes are:
$3,194.56
$1,597.28 PAID
$159.73
$1,597.28 PAID
$169.73
09062
215-240-03
$288,971.00
$NONE
$NONE
$NONE
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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:
Improvements:
Personal Property:
Exemption:
Affects: Lot 232.
1984-85
purposes are:
$3,194.56
$1,597.28 PAID
$159.73
$1,597.28 PAID
$169.73
09062
215-240-04
$288,971.00
$NONE
$NONE
$NONE
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EXHIBIT 'A' -LEGAL DESCRIPTION
Lots 229, 230, 231 and 232 of Map No. 6730, dated Sept. 8, 1970,
City of Carlsbad, County of San Diego.
r, CITY OF CARLSBAD
1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008
438·5621
REC'DFROM~. ____ ~·J~"I_'_{~r'_"~;'_':~/I~,~ __ ~J~, __ (·_!~1_'-~/~'~C~, ____ ~'~j_,_!~l~ ______ DATE ___ ~~/_'~-_'_,'_\'_'~6~~~~_
ACCOUNT NO.
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RECEIPT NO. t) 1 ell L.I ... J -, '(
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DESCRIPTION
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;3~J ~O~ :y k, t':' ~ " -<. loV ~\. ~~~ <,7' ~\ I~ ~ .~" ~~\~' .,,""l. 1\,,1 ... ~,,";y,~ ~ \~ \" ,',' "t'o.. A
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AMOUNT
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If aftar the
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APPLICANT:
AGENT:
NEl-IEERS:
information you have submitted has been reviewed,
informatio,is re~ired' you wi~l be so aliSed •.
it is determined
Hal Kuykendall
Name (individual, partnership, joint venture, corporation, syndication)
401 W. 'A' Street, Suite 1400·, San Diego. CA 92101
Business Address
(619) 239-2466
Telephone Number
Name
Business Address
Telephone Number
Name '(individual, partner, joint"
venture, corporation, syndicat~on)
Busi~ess Address
Telephone N~~er
j ~7a..rne
3~siness Address
Telephone Ncmber
Home ~.ddress
Telephone Number
Home Address
Telephone ~iu......mer
(Attach more sheets if necessary)
."
I/He Q.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 a3 being true and correct until amended.
The William N. Hofman Co.
Applicant
~PLE..~AL INFOR."1ATION FORM •
VARIANCE
1) Gross Acres (or square footage, if less than acre) ______________________ __
2) &ne ________ ----__ ------------------------------------------
3) General PIa."]. Land Use Designaticn _____________________ _
4) By law a variance may be approved cnly if certain facts are found to exist.
Please read 'l:hase requirements carefully and explain how the prop::>sed
project meets each of tr:ese facts. Use additicnal sheets if necessary.
a) Explain why tt:ere are exceptlcnal or extraordinary circumstances or
COlditic:ns applicable to tha property or to the intended use that do not
apply' generally to tfu ot.h:!r property ~r class' of use :in the same· vicinity
and zcne: . .
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.."lity and zcne but which is denied to the property in question:
c) Explain why the granting of such variance "viII not be materially
detrimental to the public welfare or injurious to tr..e property or
improvements in such vicinity and zcne in which tb8 property is located
d) Explab. \.'/1;:0;1] the granting of such variance '-'.rill not adversely affect the
co.nprehensive general plan: ----------~----------------------------
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EXHIBIT 'A' -LEGAL DESCRIPTION
Lots 229, 230, 231 and 232 of Map No. 6730, dated Sept. 8, 1970,
City of Carlsbad, County of San Diego.
l t I. 'J, • •
STATE~ENT OF AGREEMENT
TENTATIVE SUBDIVISION MAP
CITY OF CARLSBAD
The Subdivision Map Act and the Carlsbad Municipal Code sets a
fi,fty (50) day time restriction on Planning Commission processing
of Tentative Maps and a thirty (3.0) 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
app~ications for Tentative Maps concurrently with applications
for other approvals which are prerequisites to the map; i.e.,
Environmental Assessment, Environmental Impact Report, Condom~niurn
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 fr.om the date the application was accepted
as complete to properly review all of the applications.
Signature
The William N. Hofman Co
Name (Print)
FORM: PLANNING 37, REVISED 3/80
I Da e
, A,gent " Relatlonshlp to Appllcatlon
(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 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
disapprov.ed 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 App lcant or
Authorized Agent
APPROVED:
Michael J. Holzmiller
Land Use Planning Manager
DatEi I
Agent, etc.)
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RECORDING REQUESTED BY AND }
WHEN RECORDED MAIL TO: )
)
CITY OF CARLSBAD. )
1200 Elm Ave~ue )
Carlsbad, California 92008 )
Space above this line for Recorder's use
Documentary transfer tax: $ 21.00
"~~
SLgnature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. 215-240-01, 02, 03 and 04
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this 8th day of __ M....;a~y.:..-___ , 1 9 8 6
KN Partners by and between ------------------------------------------------------------
Tn ame 0 f deve 10 per -owne r)
a California limited partnership ,hereinafter referred to as
{Corporation, partnership, etc.)
"Developer" whose address is 401 West nAn Street, Suite 1400
(street>
San Diego, CA 92101 and Tl-lE CITY OF
lCity, 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 i~ 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:
74 Unit Site Development Plan
REV 4-22-86
S/J(J ?S-{f
on said Property, which development carries the proposed name of
Alicante Views
and lS herea..fter .::-eferred to as "Development"; and
WHEREAS, Developer filed on the 24th day of July
19~, with the City a request for a 74 unit Site Development Plan
for an apartment project
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 C.it.y recognize the correctness of Council
.Policy No. 17, dated April 22, 1986,00 file with the City Clerk and
incorporated by this reference, and that the City's .public facilities
and serVlces are at capacity and will not be available to accommodate
the 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 can~ot and will not be able to make any such
finding without financial assistance to pay for such services and
facilities; and therefore, Developer proposes. to help satisfy the
General Plan as implemented by Council Policy No. 17 by payment of a
public facilities fee.
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REV 4-22-86
NOW, THEREFORE~n consideration of the rJlttals and the
covenants contained herein, the parties agree as follows:
1 ". Th e De vel 0 per s hall pay tot h e Cit yap ubI i c "f a c iIi tie s fee
in an amount not to exceed 2.5% of the building permit valuation of the
building or structures to be constructed in the Development pursuant
to the Request. The fee shall be paid prior to the issuance of
building or other construction permits for the development and shall
be based o~ 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 f~e for conversion ,of existing building or structures
into condominiums in an amount not to exceed 2.5% of the building
permit valuation at the time of conversion. The fee for a
condominium conversion shall be paid prior to the issuance of a
condominium conversion-permit as prpvided in Chapter 21.47 of the
Carlsbad Municipal.Code. Condominium shall includ~ c~mmunity
apartment or stock cooperative. The terms "other construction
permits", tlother construction permit" and tlentitlement for use" as
used in this agreement, except in reference to mobi1ehome 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 intend~d. 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 construct~on permits for the
development. This fee shall be in addltion to any fees, dedications
or improvements required according to Titles 18, 20 o,r 21 of the
Carlsbad Municipal Code.
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REV 4/22/86
2. The Developer may offer to don~te a site or sites for public
facilities in lieu of all or part of the financial obligation agreed
upon in Paragraph 1 above. If Developer offers to donate a site or
sites for 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 ~ny 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
Tit 1 e s 1 8 -0 r 2 O' 0 f the Car I s bad M u n i c i pal Cod e •
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 nor 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 agree~ent 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.
i. City agrees to provide upon request reasonable assurances to
enable Developer to comply with any requirements of other public
agencies as evidence of adequate public facilities and services
sufficient to accommodate the needs of the Development,herein
described.
REV 4/22/86
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All obligations hereunder shall . e. term~nate ~n the event the
Requests made by Developer are not approved.
7. Any notice from one party to the other shall be ~n 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 pur~o8e whatsoever unless served in one of
the following manners:
7.1 If notice ~s g~ven 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 4S 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 arid certified.
8. This agreement shall be binding upon and shall inure to the
benefit of, and shall apply to, the respective successors and ass~gns
of Developer and the City, and references to Developer or City herein
shall be deemed to be reference to and include their respective
successors and assigns without specific mention of such successors
and ass4gns. 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 obliga~ions. of this
agreement have been satisfied, City shall record a release.
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REV' 4/22/86
IN WITNESS WHEREOF, this agreement 18 executed in San Diego
county, Cali~ornia as of the date first written above.
DEVELOPER-OWNER: CITY OF CARLSBAD, a municipal
corporation of the
State of California
KN Partners
(name)
BY .1i!1L ~aiY Hal G. KUykeIiii'
BY ----~C~i-t-y--~M~a-n-a--g-e-r--·---------------
Partner
(Title)
BY ________________________________ __
(Title)
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
CAT. NO. NN00627
TO 1944 CA (1-83)
(Individual) f:fJ TICOR TITLE INSURANCE
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On May 8, 1986
'd S before me the undersign d N . . sal tate, personally appeared HAL G. KUYKENDALL e ,a otary PublIc m and for ==~~~~~--~--~
, personally known to me or
proved to me on the basis of ~atisfactory evidence to be
th.e ~e~on_ whose name ~ S subscribed to the
wlthm mstrument and acknowledged that he exe-
cuted the same.
WITNESS my hand and official seal.
Signarure I~ @~
(This area for official notarial seal)
be
" ' •
EXHIBIT "A"
LEr.AL DESCRIPTION
Lots 229, 230, 231 and 232 of La Costa Valley Unit Number 5,
in the City of Carlsbad, County of San Diego, State of California,
according to Map thereof Number 6730 filed in the Office of
the County Recorder of San Diego County, September 8, 1970.
e
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: )
)
CITY OF CARLSBAD )
1200 Elm Avenue )
Carlsbad, California 92008 )
Space above this line for Recorder's use
Documentary transfer tax: $ 21.00
Signature of declarant determining
tax-firm name
City of Carlsbad
Parcel No. ------------~-------------------
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into this ~day of October
,
by and between CHARTER PACIFIC CAPITAL GROUP ------------------------~~~~~~~~~--~.~i--------------
(name of developer-owner)
a Corporation , hereinafter referred to as
(Corporation, partnership, etc.)
"Developer" whose address is 401 West "A" St S 't 1400 • , Ul. e ,
(streed
San Die~o, CA 921Q1 and TllE CITY OF
(City, state, ZlP 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:
74 Unit Site Deye]opment Plan
REV 4-2-82
(j)
on said Property, which development carr~es the proposed name of
Alicante Views
and ~s hereafter referred to as "Development"; and
WHEREAS,~~ev;loper filed on the __ 2~4~ __ day of
19~, witht·h-e City a request for
July
74 unit site Development Plan for an apartment project.
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 ~his rejer~nce)·; 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 p~blic
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,4It consideration of the rec4itals 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~~roctures to be constructed in the Development pursuant
to the Request. The fee shall be paid prior to the issuance of
building or other construction permits for the development and shall
be based on the valuation at that time. This fee shall be in
addition to any fees, dedications or improvements required pursuant
to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer
shall pay a fee for conversion 0 f existing building or structures
into condominiums in an amount not to exceed 2% of the building
permit valuation at the time of conversio~. The fee for a
'.' co~domtnium conversion shall'be'paid priot't;' the is~uinc~ 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 ~eference 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 1 above. If Developer offers to donate a site or
sites for pubTic !acilities, 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
PI"an. If" the fee is not pa:Ld as' prov:Jed 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. lIlo 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 serv~ces
sufficient to accommodate the needs of the Development herein
described.
-4-
6. All obligations hereunder shall terminate 1n the event the
Requests made by ~eveloper are not approved.
7. Any notice from one party to the other shall be in writing,
and shall be dated and signed by the party giving such notice or by a
duly authoriz.e~ 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 1S g1ven to the City of personal delivery
thereof to the City or by depositing same 1n .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 1S given to Develop~r by pe.rsona.l del.ivery
. .
thereof to Developer or by depositing the ~ame 1n the United States
Mail, enclosed 1n 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 ass1gns
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
IN WITNESS W~EREOF, this agreement ~s executed in San Diego
County, California as of the date first written above.
DEVELOPER-OWNER1
CHARTER PACIFIC CAPITAL GROUP
BY &~,£.. ~ (name), w~
Hal G. Ku)Tkeaii
(Title) President
By __________________________________ __
(Title)
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
CAT. NO. NN00737
TO 1945 CA (7-82)
( Corporation)
STATE OF CALIFORNIA
COUNTY OF saA! J?I(:,GO } SS.
CITY OF CARLSBAD, a municipal
corporation of the
State of California
By ____ ~ __ ~---------------------City Manager
~Tn\eINsURANce AND TRUST
A llCOR COMPANY
o~ Qc:: tQbq r ;< 4/ 1925:" before me, the undersigned,
saId State, personally appeared Hfl L G ~<u 'r'1(C; f\J ::u 8L L a Notary Public in and for
personally known to me or proved to me on the basis
of satisfactory evidence to be the person who executed
'the within instrument as the
President, and ______ ..:..-:-:;.......,, _____ _
--personally known to me or
proved to me on the basis of satisfactory evidence to be
the person who executed the within instrument as the
.--Secretary of the Corporation
that executed the within, instrument and acknowledged
to me that such corporatIOn executed the within instru-
ment pursuant to its by-laws or a resolution of its
board of directors.
WITNESS 2d and official seal. _
Signature ~9i:»r; ~
My Commission Exp:r:;s July 25, 1986
'l~~ ... ~~:::=~~:_~~~-:.'""'-,?.~
(This area for official notarial seal)
\ .
•
EXHIBIT "A"
LEGAL DESCRIPTION
Lots 229, 230, 231 of LA COSTA VALLEY UNIT NO.5, in the City
of Carlsbad, County of San Diego, State of California, according
to Map thereof No. 6730, filed in the Office of the County Recorder
of San Diego County, September 8, 1970.
• • PLANNING APPLICATION CHECKLIST
-
ITEM REQUTRED . ENCLOSED NOT ENCL'OSED . (WHY)
Tentative Map -/ -' ./ A /' ~.
Site Plan 7 /' B ---Iandscape plan / /' C -
Bldg. Elevatiom / / D.
8~ Site Plan / / E -'
8~ Location / ~ F /
EIA ,/
G / ./
PFF / , "" "
H / re:--,<Ise / kf I3n-~-_.
Disclosure StInt ~ ~ (I ()
I
Property CMners / / J /
ODO' Map .,/ / K /
. School letter -.7 be~ Mwd/~ L / ~c>c.e.-s ':!:. W
PTR / ~ tJ
M / ,
sewer // /
I
I
N I
/ :be
,
COlored Exhibit -+0
0 ~J~M.~+TW/
Stmt of A~t / V P ./' --/ V
I{ECEIPT NO. .:::;;/ 84:f ... DATE· ·74¢r
/ I
SAN MARCOS UNIFIED srnOOL DISTRICI'
PROJEcr SERVICE AVAILABILITY LEITER
(Applicant fill in -print legibly)
APPLICANT: Charter Pacific Capital
401 West "A" St.
Group Phone No. San Dlego, CA 92101 Address:
OWNER: Hal G. KUYKenaa I I , PreSlaent Phone No.
Address: same ,
,PROJECI' DESCRIPTION Project Address/Location Alicante Rd
Project Name: Alicante View Lots 229,230,231, g 232 [a Costa lJai i ey
~oject located on ~ ~ ~essor's Parcel Numbers Assessor's Parcel No.(s): 1. 'I I~, 3. [IJJITI]m::J
( Attach legal description
if necessary)
Census Tract No. 2·1 I f IOTI~ 4. DIJ [OJ dj
Project Type (check one or more) Housing Type No. of D.U. 's No. of Bedroans
0 ~linor Subdivision ('!PM) Single Family
Q 1~jor Subdivision (TH) Mul tiole Family 74 148
Mobilehane Units
t:Jn;~
1. Omler/applicant agrees to reconfirm this pro,iect with the issuing school district every 6 months
unless such action is not required by the district. District Phone_6=.::1=.::9-'---'..74.::.4-=......;4:..:.7..:.,76-=---____ _
2. Omler/applicant understand that the certification for school service contained in this Project
Service Availability Letter is no longer effective if the project is disapproved or if the con-
ditional project approval (subdivision, permit, or other conditional use processes) expires.
3. The'information I have provided is correct.
APPLICANT's SIGNATURE ,(3.;J&J /Y-u.r~ Date~/--..:D:....,/'--'2=-=--5_+1->8"'-""s='---__ -~ r I
SAN MARCXB UNIFIED SrnooL DISTB.ICI'
CERTIFICATION OF SCHOOL AVAILABILITY OR NON-AVAILABILITY
Date: ~D I:1IQJ DAY [2J:3J YR [[IS]
TO: Ci ty of Carl sbad
FROM: School District San Marcos Unifi ed Grades Served:_K_-_1_2 ___________ _
2. 0
School services and facilities are committed for this project. Services will be available
concurrent with project need based on a s~cured agreement with the developer which has
adeauate financing and clear intent. 'Repertification of servIce availability
is requ~red prio~ to issuance of building ,permits.
The undersigned school district hereby certifies that it \vill be able to provide adequate
school services and facilities to the above described pro.iect concurrently with the need of
such project. Omler/applicant has paid the required developer's fee.
3. [J The undersigned school district hereby certifies that it will not be able to provide adequate
school services and facilities to the above described project concurrently with the need of
such project because ______________________________ _
DISTRICI' REPRESENTATIVE'S SIGNATURE 4 ;J. ~fute~1--'-O/-23/'---85---
Fac;l ities Technician Phone __ 7_4_4_-_4_7_7_6 _____ _ TITLE
WHITE-CIVIC ENTITY YELIDW-DISTRICI' PINK-OWNER/A'PPLICANT
5
.'
, ,1.
AUCANTE VIEW APTS
CRl)
PC
SITE
SOP 85-11
@ RESIDEN'TIAL LOW 0-1 ~5 I pc..1 PLANNED COMMUNITV
I~H RESIOENTrAL LOW MEDIUM ,:0;-4
~ RESIDENTIAL MEDIUM HIGH 6-15
~~fi SINGLE FAMILY
~ MULTIPLE FAMILV
•
LA COSTA APARTMENTS
LOCAYIOIIIIU
WAY
SITE
R 0 A D
_.~"1
200 100 0
~E3e;;
~
~
I
200
SCALE IN FEET
K. N. PARTNERS
1400 COLUM.,A CENTRE
401 WEST A STREET
SAN DIEGO, CALIFORNIA
(j~~atI CONSULTANTS
400
c"'''.('''' .... u~u "A--=.· • .ac:n~ it. .... (" ...
n,.lM Il. ( ..... -0 alAI. ."NCMQ loA COST" C .... u.aaD (ALI'O.IitIA 9lON
I"tI()ft(U~""'IOIO
----21.5' ,--
, 19.0 ,
NUMBERS REPRESENT ." OF OWB.LING UNITS PER ACRE
. ,
AUCANTE VIEW APTS
, o
o
o
EXHIBIT.
1O-2~85
0-1.5
(SF)
0-4 --..... .......... .....
2.27 --
SOP 85-11
, ........ ,' .
---~
_.' ----21.5-,---
, 19.0
I
I
~~
*'-~
EXHIBIT I
1~o-:2a-85
0-1.5
(SF)
0-4
.... -------2.27 ---....
~ ......... --..... ,,~,., "
(OS) ,
NUMBERS REPRESENT ." OF owauNG UNITS F!ER ACRE
o
o
o
AUCANTE VIEW APTS
o
o
o
SOP 85-11
-, ,
"
AUCANTE VIEW APTS SOP 85-11
li~1 RESIDENTIAL LOW 0-1.5
lEi RESIDENTIAL LOW MEDIUM 0-4
l~i3 RESIDENTIAL MEDIUM HIGH 8-15
Ipc.1 PLAN,NED COMMUNITY
E] SINGLE FAMILY
----< __ <i=~;,,\!~'¥it~:2~"ilM:~~,~ __ "' ________ '_,_"~<_~_~c, _"
e' ~.:-~.z,~L.~_~' ,', A ....... ~ _".,., ~ ~"
" --
AUCANTE VI'EW APTS SOP 85-11
• RESIOENTIAL LOW 0-1.6 PLANNEO COMMUNITY
1m RESIDENTI'AL LOW MEDIUM 0-4 o
11.1 RE'SIO,E'N1'tAL MEOIUM HIGH 8-15 II MUL TJPLE FAMILY
• 11
•• S387
••• 37000
( 21'0 ...... 0 .... 0 ............
• 213
•• 16896
••• 20000
• -71
•• 6 .. 0"
•• ,.31000
EXISTING TRAFFIC
• PROJECTED TRAFFIC
12000
• 355
•• OTHER PROJECTS TRAFFIC
••• EXISTING CA.PASITY
TRAFFIC VOLUMES
12000
~ 89
9700
• 89 7:) ··8221-··
••• 16000
ALICANTE VIEW APTS
SOP 85-11
74 UNITS
444 TRIPS,
1
..
----21.5 ,--, 19.0 ,
NUMBERS REPRESENT ". OF,DWEWNG UNITS PER ACRE
o
o
o
AUGANTE VIEW APTS
o
o
o
-----------_.
(OS)
EXHIBIT',
10-23-8'5
SOP 85-11
, ........ " . =-====::::::::=