HomeMy WebLinkAboutSUP 89-05A; AYRES SENIOR CENTER; Special Use Permit (SUP)• CITY OF CARLSBAD • LAND USE REVIEW APPLICATION FORM PAGE 1 OF 2
., 1 ) APPLICATIONS APPLIED FOR: (CHECK BOXES)
(For De~t. Use On y) (For De~t. Use On y)
D Master Plan 0 General Plan Amendment ...... .....................
0 Specific Plan ............. 0 Site Development Plan .......
D Precise Development Plan ... 0 Zone Change .................
0 Tentative Tract. Map ......... tzf Conditional Use Permi t. ..... 8B'-Z/0)
, / D Planned DevElopment Permit 0 Hillside Development Permit.
0 Non-Residential Pl anned 0 Environmental Impact Development Permit ........ Assessment ................
0 Condominium Permit ......... 0 Vari ance ....................
[i] Special Use Permit ......... <;§r'-5t It; 0 Planned Industrial Permit ...
0 Redevelopment Permit ........ / 0 Development Permit .. Coasta 1
0 Tentative Parcel Map ....... 0 Planning Commission Deter ...
D Administrative Variance ....
2) LOCATION OF PROJECT: ON THE I l"lSST ISIDE OF/ EL CAr·lnJO RE.:\.:;:" I
(NORTH, SOUTH, EAST, WEST) (NAME OF STREET)
BETWEEN I ALGA EOAD I AND I ARENAL ROAD I
(NAME OF STREET) (NAME OF STREET)
3) BRIEF LEGAL DESCRIPTION: / Lot 1 of map #83-50 in the City of Carlsbad, County of
I· San Diego, state of California. Carlsbad Tract #72-34 (Rancho La Cuesta Unit #1.)
4) ASSESSOR PARCEL NO(S). / 215-50}~ -2.1 I
5) LOCAL FACILITIES W 6) EXISTING GENERALI :qrlj I 7~ PROPOSED GENERALI Rj\"j J MANAGEMENT ZONE PLA~ DESIGNATION LAN DESIGNATION
8) EXISTING ZONING I RP 19) PROPOSED ZONINGI RDtI 110) GROSS SITEI 5.92 I ACREAGE , ,
11) PROPOSED NUMBER OFI 173 112) PROPOSED NUMBERI 1 /l3) TYPE OF I ~'J/ A I RESIDENTIAL UNITS OF LOTS SUBDIVISION
14) NUMBER OF EXISTING RESIDENTIAL UNITSI 0 I
(RESIDENTIAL COMMERCIAL INDUSTIRAL)
15) PROPOSED INDUSTRIAL I ::Vf1. I 16) PROPOSED COMMERCIAL I A/A I OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE
ARFMOOOB.DH 4/89
(/)
~ CITY OF CARLSBAD
LAND USE REVIEW APPLICATION FORM PAGE 2 OF 2
17) PERCENTAGE OF PROPOSED PROJECT IN OPEN SPACE 1-[_1_8_% __ _ 19) PROPOSED INCREASE
IN AVERAGE DAILY
18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS TRAFFIC, :
.300/AD j
20) PROJECT NAME: AYRSS SENIORS CENTER
21}BRI EF DESCRI PTION OF PROJECT: Icons truct iO:1 of Se:1iors Re sidentia1 center
co:nprised o:;:~ 173 units,central dining facility,recreational i!1door and
outdoor areas,open space, administrative areas and subte~ranean garage
22) OWNER
NAME (PRINT OR TYPE) Donald B. Ayre s Jr
MAILING ADDRESS 355 BJ:'istol Suite A
23) . APPLICANT
NAME (PRINT OR TYPE)p.obt J. Royce
MAILING ADDRESS 2956 Roosevelt Sui e
:3
CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE
Costa Mesa, Cal 92626 (714)540~060 C~rlsbad,Cal 92008 434 6259
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT I CERTIFY THAT I AM THE OWNER'S REPRE-
ALL THE ABOVE INFORMATION IS TRUE AND CORRECT SENTATIVE AND THAT ALL THE ABOVE TO THE BEST OF MY KNOWLEDGE. INFORMAT S TRUE AND CORRECT TO
SIGNATURE DATE/-2{ E MY KNOWL ~ ~ "/' TE6 ~//l/1 b{A~J'---Zc:.-.::;
**********************
FOR CITY USE ONLY
FEE COMPUTATION: APPLICATION TYPE
c.c..JlJf770NIf: t..tif-ffiG111
SW f /Il. US/3 fE'€;-1/ T
£/A-
IPFF ;:r;.,e~T
,
FEE REQUIRED
2cco,oO
;'
25J,00
2e.'O,00
8 L/OO
I
TOTAL FEE REQUIRED! 2/j8L{ C'O
)
MAY 18 1990
CITY OF CARLSBAD
DA T E S 1fK:MfiL~fJF> ~ I~'Rf.1ell¥f V ED
RECEIVED BY:
f'
DATE FEE PAID ..-! >-~-J-' Q-'l-)-q-' C-1 ----" RECEIPT NO.! 97t--f"Ti
ARFMOOOB.DH 4/89
1 __
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•
CITY OF CARLSBAD
1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008
438·5621
. ~!Ov/1L GL}IeE Ft1CIL.-rry
, . '; ".J
REC'D FROM_f}~Y,:...!...:~~· S.=...·_-S5v-=~«~· ----::::CE;~/IJt'-;~.L.I-!::£I::.!.If.l..-· _______ ' DATE--=,--,,--=~~ __
ACCOUNT NO.
Y' i) (
. ,'RECEIPTNO. 97433
.'/
f : , I
il~ ("
DESCRIPTION , AMOUNT
I
'260:00'
1 ',31':{Jo'
TOTAL ____ '
•
ORDER NO. 965911-6
FIRST AMERICAN TITLE INSURANCE COMPANY
411 IVY STREET, (P.O. BOX 808) SAN DIEGO, CALIFORNIA 92101
(619) 238-1776
MAY 21, 1990
AYRES CONSTRUCTION
355 BRISTOL STREET, SUITE A
COSTA MESA, CA. 92626
ATTN: BARBARA REEVES
OUR ORDER NO. 965911-6
IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF
TITLE INSURANCE, THIS COMPANY 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 EXCEPl'ION HEREIN 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 HEREIN. 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.
DATED AS OF MAY 17, 1990 7:30 A.M.
DI~FICER
PAGE 1
Form 1349
CL TA Guarantee
Face Page GUARANTEE
LIABILITY $ 1,000.00 ORDER NO. 871590-M
FEE $ 715.00 YOUR REF. 215-504-11
First American Title Insurance Company
a corporation, herein called the Company,
GUARANTEES
THE CITY OF CARLSBAD
herein called the Assured, against actual loss not exceeding the liability amount stated above which the Assured shall
sustain by reason of any incorrectness in the assurances set forth in Schedule A.
LIABILITY EXCLUSIONS AND LIMITATIONS
1. No guarantee is given nor liability assumed with respect to the identity of any party named
or referred to in Schedule A or with respect to the validity, legal effect or priority of any
matter shown therein.
2. The Company's liability hereunder shall be limited to the amount of actual loss sustained
by the Assured because of reliance upon the assurances herein set forth, but in no event
shall the Company's liability exceed the liability amount set forth above.
Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee.
If you wish additional liability, or assurances other than as contained herein, please contact the company for further
information as to the availability and cost.
Dated: FEBRUARY 1, 1991
First American Title Insurance Company
"~~4*~~~
BY PRESIDENT
-r ~ ASS'~~RY
ORDER NO. 965911-6
THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
SUBDIVISION MAP GUARANTEE
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
DONALD B. AYRES, JR., A MARRIED MAN
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT IS:
FEE
THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS:
(SEE ATTACHED LEGAL DESCRIPTION)
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 1990-91, A LIEN,
NOT YET PAYABLE.
2. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED
PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE
CALIFORNIA REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE
STATUTES OF THE CALIFORNIA REVENUE AND TAXATION CODE.
3. SUPPLEMENTAL TAXES:
THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL
SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN
DESCRIBED PROPERTY BEFORE CLOSE OF ESCROW.
4 . AN EASEMENT FOR POLES OR STEEL TOWERS, WIRES OR CABLES FOR THE
TRANSMISSION AND DISTRIBUTION OF ELECTRICITY AND FOR
COMMUNICATION AND SIGNAL AND INCIDENTAL PURPOSES IN FAVOR OF SAN
DIEGO GAS AND ELECTRIC COMPANY, RECORDED APRIL 16, 1954 IN BOOK
5207, PAGE 161 OF OFFICIAL RECORDS, LOCATED WITHIN A STRIP OF
LAND 100.00 FEET IN WIDTH, THE CENTER LINE OF WHICH IS DESCRIBED
AS FOLLOWS:
PAGE 2
ORDER NO. 965911-6
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF RANCHO AGUA
HEDIONDA, AS SHOWN ON THE PARTITION MAP THEREOF NO. 823, ON FILE
IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, WHICH POINT IS
2612.84 FEET WESTERLY FROM THE INTERSECTION OF THE EASTERLY LINE
OF SAID SECTION 22 WITH THE SOUTHERLY LINE OF SAID RANCHO AGUA
HEDIONDA; THENCE FROM SAID POINT OF BEGINNING SOUTH 43°08'53"
EAST, A DISTANCE OF 3398.34 FEET TO A POINT ON THE SOUTHERLY LINE
OF SAID SECTION 22, DISTANT THEREON 287.66 FEET WESTERLY FROM THE
SOUTHEAST CORNER OF SAID SECTION 22; THENCE CONTINUING SOUTH
43°08'53" EAST, A DISTANCE OF 3489.25 FEET; THENCE SOUTH
65°26'53" EAST, A DISTANCE OF 3613.45 FEET TO A POINT ON THE
EASTERLY LINE OF SAID SECTION 26, DISTANT THEREON 1268.40 FEET
NORTHERLY FROM THE SOUTHEAST CORNER OF SAID SECTION 26.
THE SIDE LINES OF THE ABOVE DESCRIBED RIGHT OF WAY SHALL BE
LENGTHENED AND/OR SHORTENED SO AS TO TERMINATE SAID LINES IN THE
BOUNDARIES OF THE HEREIN DESCRIBED PROPERTY.
GRANTOR AGREES THAT NO OTHER EASEMENT OR EASEMENTS SHALL BE
GRANTED ON, UNDER, OR OVER SAID STRIP OF LAND BY GRANTOR, WITHOUT
THE PREVIOUS WRITTEN CONSENT OF GRANTEE.
5. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES, EXCAVATION
AND EMBANKMENT SLOPES BEYOND THE LIMITS OF ROAD SURVEY NO. 1800-1
(EL CAMINO REAL) WHERE REQUIRED FOR THE CONSTRUCTION AND
MAINTENANCE OF SAID ROAD AS GRANTED IN DEED RECORDED NOVEMBER 20,
1969 AS FILE NO. 217326 OF OFFICIAL RECORDS.
6. AN EASEMENT WITHIN THE WESTERLY 5 FEET FOR TREE, LANDSCAPING AND
INCIDENTAL PURPOSES AS SHOWN ON THE MAP OF SAID TRACT.
7 . THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY
RIGHTS OF INGRESS" OR EGRESS TO OR FROM ALGA ROAD ADJACENT
THERETO, SAID RIGHTS HAVING BEEN RELINQUISHED ON MAP NO. 8350.
8 . THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY
RIGHTS OF INGRESS OR EGRESS TO OR FROM EL CAMINO REAL ADJACENT
THERETO, SAID RIGHTS HAVING BEEN RELINQUISHED ON MAP NO. 8350.
9. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS
AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND
EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY
INSTRUMENT RECORDED OCTOBER 25, 1976 AS FILE NO. 76-354601 OF
OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
LOT 1 OF CARLSBAD TRACT NO. 72-34 (RANCHO LA CUESTA UNIT NO.1),
ACCORDING TO MAP THEREOF NO. 8350, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO.
PAGE 3
ORDER NO. 965911-6
THE SAID EASEMENT AND RIGHT OF WAY IN THE AFORESAID LANDS SHALL
BE MORE PARTICULARLY DESCRIBED IN PARCELS 1 AND 2 BELOW:
PARCEL 1:
THAT CERTAIN STRIP OF LAND 6.00 FEET IN WIDTH, LYING ADJACENT TO,
CONTIGUOUS WITH AND SOUTHERLY OF THE FOLLOWING DESCRIBED
REFERENCE LINE:
COMMENCING AT THE NORTHWEST CORNER OF SAID MAP NO. 8350; THENCE
ALONG THE WESTERLY LINE THEREOF AND THE SOUTHERLY PROLONGATION
SOUTH 00°45'02" WEST, 76.00 FEET; THENCE LEAVING SAID SOUTHERLY
PROLONGATION SOUTH 89°15'49" EAST, 110.00. FEETi THENCE NORTH
02°23'43" EAST, 25.00 FEET TO A POINT ON THE NORTHERLY LINE OF
SAID LOT 1, SAID POINT BEING THE BEGINNING OF A NONTANGENT
2449.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE OF
SAID CURVE AT SAID POINT BEARS NORTH 02°23 '43"; THENCE EASTERLY
ALONG THE ARC OF SAID CURVE, BEING SAID NORTHERLY LINE, THROUGH A
CENTRAL ANGLE OF 00°21'03", A DISTANCE OF 15.00 FEET TO THE TRUE
POINT OF BEGINNING OF THE CENTER LINE HEREIN DESCRIBED; THENCE
SAID TRUE POINT OF BEGINNING BEING THE BEGINNING OF A COMPOUND
2449.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE FROM SAID
TRUE POINT OF BEGINNING EASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 00 ° 15' 14", A DISTANCE OF 10.85 FEET;
THENCE TANGENT SOUTH 87°00'00" EAST, 10.15 FEET TO A POINT HEREIN
DESIGNATED POINT "A".
PARCEL 2:
THAT CERTAIN STRIP OF LAND 6.00 FEET IN WIDTH, LYING ADJACENT TO,
CpNTIGUOUS WITH AND SOUTHERLY OF THE FOLLOWING DESCRIBED
REFERENCE LINE:
COMMENCING AT POINT "A" DESCRIBED IN PARCEL 1 ABOVE; THENCE ALONG
THE NORTHERLY LINE OF SAID LOT 1 SOUTH 87°00'00" EAST, 291.94
FEET TO THE TRUE POINT OF BEGINNING OF THE REFERENCE LINE HEREIN
DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING CONTINUING
SOUTH 87°00'00" EAST, 19.00 FEET.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
10. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED
FEBRUARY 27, 1981, UPON THE TERMS, COVENANTS, AND CONDITIONS
CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: DONALD B. AYRES, JR. AND THE CITY
OF CARLSBAD, A MUNICIPAL
CORPORATION.
RECORDED: JUNE 15, 1981 AS FILE NO. 81-186050 OF OFFICIAL
RECORDS.
PAGE 4
ORDER NO. 965911-6
11. AN AGREEMENT REGARDING OFFSITE WATER SYSTEM FACILITIES
CONSTRUCTED AS PART OF CARLSBAD TRACT NO. 72-34 RANCHO LA CUESTA,
DATED DECEMBER 12, 1985, UPON THE TERMS, COVENANTS, AND
CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: COSTA REAL MUNICIPAL WATER DISTRICT
AND NEWPORT SHORES BUILDERS, A
CALIFORNIA CORPORATION.
RECORDED: JANUARY 13,
RECORDS.
1986 AS FILE NO. 86-012789 OF OFFICIAL
12. A SETTLEMENT AGREEMENT
COVENANTS AND CONDITIONS
EXECUTED BY AND BETWEEN:
DATED MAY 28, 1980, UPON THE TERMS
CONTAINED THEREIN.
NEWPORT SHORES, A CORPORATION AND
THE CALIFORNIA COASTAL ZONE
CONSERVATION COMMISSION.
RECORDED: JUNE 27,
RECORDS.
1986 AS FILE NO. 86-264603 OF OFFICIAL
-13. THE EFFECT OF DOCUMENTS, PROCEEDINGS, LIENS, DECREES OR OTHER
MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT WHICH
MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON. THE
NAME SEARCH NECESSARY TO ASCERTAIN THE EXISTENCE OF SUCH MATTERS
HAS NOT BEEN COMPLETED AND WE WILL REQUIRE A STATEMENT OF
INFORMATION FROM DONALD AYRES.
1989-90 TAX INFORMATION:
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
09117
215-504-11
$843.06 PAID
$843.06 PAID
$148.352.00 $-0-
$-0-
PAGE 5
•
ORDER NO. 965911-6
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
LOT 1 OF CARLSBAD TRACT 72-34 (RANCHO LA CUESTA) UNIT NO.1, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 8350, AS RECORDED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY DATED JULY 28, 1976.
PAGE 6
r
• DISCLOSURE FORM.
~I~: Donald B. Ayres Jr.
Name (individual, partnership, joint venture, corporation, syndication)
-:;~5 5Y'~.~t"1 st 0 Cost.a l\'lesa" Ca. 92625
AGENI':
MEMBERS:
Business Address
(714) ~4Cl-6050
Telephone Number
Robert J. Royce A.I.A.
Narre
2956 Roosevelt St. #3 Carlsbad, Ca. 92003
Business Address I
(619) 434-6259
Telephone Nurt:>er
Name (iridividual, p3.rtner, joint
venture, corporation, syndication)
Business Address
Telephone Nunbe r
Name .
Business Address
Telephone Number
Heme Address
Telephone NurrOe r
Hare Address
Telephone Nl.lIIDer
(Attach nore sheets if recessary)
The applicant is required to apply for Coastal Commission Approval
if located in the Coastal lone.
rjWe declare under penalty of perjury that the infonmation contained in this
disclosure is true 'and correct and that it will remain true ard· correct atrl rray J:e
relied up:m as J:eing true and correct until amended.
BY
/
•
LEGAL DESCRIPTION
LOT 1 OF MAP #83-50 IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA. CARLSBAD TRACT #72-34 (RANCHO
LA CUESTA UNIT NO.1).
REV 3-1-88 7
.. •
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO: )
)
)
)
)
)
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
Space above this line for Recorder's use
Parce 1 No. _--....;2::..::1:..:::5:......-;;::.:.50~4:.....-.:.11=---______ _
AGREEMENT BETWEEN DEVELOPER-OWNER
AND THE CITY OF CARLSBAD FOR THE
PAYMENT OF A PUBLIC FACILITIES FEE
THIS AGREEMENT is entered into thi S--=8T:.!H=---_ day Of~J.:::.!UN:!.:!:E!___ ____ , 19-2Q..
by and between ____ -=DO~N~A~LD::.....::B~._'A2.;Y~R~E~S...!:J~R ..... _____________ _
DONALD B. AYRES JR.
(Name of Developer-Owner)
a.~..::.I=ND=I ..... V~I=DU=AL=-=_,...-----:-:--__ --.,.-__ , herei nafter referred to as "Developer"
(Corporation, Partnership, etc.)
whose address is 355 BRISTOL ST., SUITE A, COSTA MESA, CA 91616
(Street) (City, State, Zip Code)
and the CITY OF CARLSBAD, a municipal corporation of the State of California,
hereinafter referred to as "Cityn, whose address is 1200 Elm Avenue, Carlsbad,
California, 92008.
WITNESSETH:
WHEREAS, Developer is the owner of the real property described on Exhibit
"A":, attached hereto and made a part of this agreement, hereinafter referred
to as "Property"; and
WHEREAS, the Property lies within the boundaries of City; and
WHEREAS, Developer proposes a development project as follows:
REV 3-1-88
on said Property, which development carries the proposed name Of~A~YR~E~S~ __ ___
SENIORS RESIDENTIAL CENTER
and is hereinafter referred as "Development"; and
WHEREAS, Developer filed on the day of __________ , 19_,
with the City a request for 173 UNIT SENIORS RESIDENTIAL CENTER
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
deve 1 opment will be avail ab 1 e concurrent with need or such development sha 11
not be approved (said element is on file with the City Clerk and is
incorporated by this reference); and
WHEREAS, Developer and City recogn i ze the correctnes s of Counc il Pol icy
No. 17, dated July 28, 1987, on file with the City Clerk and incorporated by
this reference, and that the City's public facilities and services are at
capacity and will not be available to accommodate the additional need for
public facilities and services resulti~g 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
present 1 y proposed; but the Developer is aware that the City cannot and wi 11
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.
REV 3-1-88 2
NOW THEREFORE, in consideration of the recitals and the covenants
contained herein, the parties agree as follows:
1. The Developer shall pay to the City a public facilities fee in an
amount not to exceed 3.5% of the building permit valuation of the building or
structures to be constructed in the Development pursuant to the Request. The
fee shall be paid prior to the issuance of building or other construction
permits for the development and shall be based on the valuation at that time.
This fee shall be in addition to any fees, dedications or improvements required
pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer
shall pay a fee for conversion of existing building or structures into
condominiums in an amount not to exceed 3.5% of the building permit valuation
at the time of conversion. The fee for a condominium conversion shall be paid
prior to the issuance of a condominium conversion permit as provided in 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 of use" as used in this agreement, except
in reference to mobile home sites or projects , shall not refer to grad i ng
permits or other permits for the construction of underground or street
improvements unless no other permit is necessary prior to the use of occupancy
for which the development is intended. Developer shall pay the City a public
facilities fee in the sum of $1,150 for each mobile home space to be
constructed pursuant to the request. The fee shall be paid pri or to the
issuance of building or other construction permits for the development. This
fee shall be in addition to any fees, dedications or improvements required
according to Titles 18, 20, or 21 of the Carlsbad Municipal Code.
REV 3-1-88 3
2. The Developer may offer to donate a site or sites for public
facil ities in 1 ieu of all or part of the financial obl igation 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 pri or to the issuance of any buil di ng 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. Thi s agreement and the fee paid pursuant hereto are requ i red 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
publ ic facil ities fund for the financing of publ ic facil ities when the City
Council determines the need exists to provide the facil ities and sufficient
funds from the payment of this and similar public facilities fees are
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 service sufficient to accommodate the needs
to the Development herein described.
REV 3-1-88 4
6. All obligations hereunder shall terminate in the event the Requests
made by Developers are not approved.
7. Any notice from one party to the other shall be in writing, and shall
be dated and signed by the party giving such notice or by a duly authorized
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 is given to the City by personal delivery thereof to
the City or by depositing same in the United States Mail, addressed to the City
at the address set forth herein, enclosed in a sealed envelope, addressed to
the City attention of the City Manager, postage prepaid and certified.
7.2 If not ice given to Developer by personal deli very thereof to
Developer or by depositing the same in the United States Mail, enclosed in a
sealed envelope, addressed to Developer at the address as may have been
designated, postage prepaid and certified.
8. This agreement, shall be binding upon and shall ensure to the benefit
of, and shall apply to the respective successors and assigns of Developer and
the City, and references to Developer City herein shall be deemed to be
references to and include their respective successors and assigns without
specific mention of such successors and assigns. If Developer should cease to
have any interest in the Property, all obligations of Developer hereunder shall
terminate; provided, however, that any successor of Developer's interest in the
property shall have first assumed in writing the Developer's obligations
hereunder.
9. This agreement shall be recorded but shall not create alien or
security interest in the Property. When the obligations of this agreement have
been satisfied, City shall record a release.
REV 3-1-88 5
IN WITNESS WHEREOF, this agreement is executed in San Diego County, California
as of the date first written above.
DEVELOPER-OWNER:
DONALD B. AYRES JR.
(name)
(Title)
By:
(Title)
ATTEST:
AlETHA l. RAUTENKRANZ, City Clerk
APPROVED AS TO FORM:
STATE OF CALIFORNIA ORANGE COUNTY OF _ . _ .. ___________ _ ss.
CITY OF CARLSBAD, a municipal
corporation of the State of
Cal ifornia
By:
MARTIN ORENYAK
For City Manager
On _ . _ JUNE I ~9.9..0 . __ . __ . ____ . ,before me, the undersigned. a Notary Public in and for
said State, personally appeared ______ ._. DONALD B. AYRES, JR. __ .
---------_._---
personally known to me (Gf·I'lFa.eel la ffie aA IRe easis at salis
(ij faelaf) e 'leeAee) to be the person(s) whose name(s) IS/Me sub-
:::J ~ SCribed to the within Instrument and acknowledged to me that
'6
.EO he/~ executed the same.
C\j"
~ 1 WITN ESS my hand ~nd official seal. I)
g 'I Signature .d$#~ ,.~' ~~! __ _
./
OFFICIAL SEAL
BETTY L. FAUST
Notary Public -California
ORANGE COUNTY
My comm. expo Aug. 6, 1993
;,:.'
(ThiS area for official notanal seal)
te attached.)