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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 (j) \ ,,< ~ ,~ ,: ... " ,,' I. SPECIFIC REQ!REMENTS • ,I, 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. \ -- " ' (i) 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. ;- --e ··e·· ,,' ", 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 .... .:' ~ " -'. 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 --~-e •••• 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 $NONE ® N~ N" .. (eP ,. ~~a 6'1'. ,~ .. , ® I I<l~ . N, ',' 6,(;0' ,..,f,O" .,'6Z oS> :]) ! ;;:;~ N, i Ill" (;O.~ \ l' It) • ;, :~ ~ .,., ()" • • EXHIBIT 'A' -LEGAL DESCRIPTION Lots 229, 230, 231 and 232 of Map No. 6730, dated Sept. 8, 1970, City of Carlsbad, County of San Diego. r, CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 438·5621 REC'DFROM~. ____ ~·J~"I_'_{~r'_"~;'_':~/I~,~ __ ~J~, __ (·_!~1_'-~/~'~C~, ____ ~'~j_,_!~l~ ______ DATE ___ ~~/_'~-_'_,'_\'_'~6~~~~_ ACCOUNT NO. -! i~J T ~ i:::-, I .4 I ' ", I ~ ,.' , L /, l) I " RECEIPT NO. t) 1 ell L.I ... J -, '( ) (~ ..,. I' 1-· DESCRIPTION , T ' , _i ; i 1 I ,. r ,'/ '~p. '].r,2627~ ;3~J ~O~ :y k, t':' ~ " -<. loV ~\. ~~~ <,7' ~\ I~ ~ .~" ~~\~' .,,""l. 1\,,1 ... ~,,";y,~ ~ \~ \" ,',' "t'o.. A ~ \\" \S.o')"v, I" I Ch ~ \.t,~~~ ojl .$'L'1>1 .,,\ <0<0 ~#-~~,,~ / TOTAL AMOUNT I -) ( -I --I I -; -I -/ ..J I I ;' I --I I I I I I I I I I I I I J I I J ") --c: I -,,' _r I If aftar the . t.pat further 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: ----------~---------------------------- (i)' 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.) , 1 e 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. -2- 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. -3- 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 -4- 6 • e 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. -5- 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 , ........ 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