HomeMy WebLinkAbout1999-08-17; Housing & Redevelopment Commission; 312; Revisions to Manual to Allow Pole Signs4B# 3 /L TITLE- --
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REQUEST FOR DIRECTION FROM COMMISSION -
CONSIDERATION OF REVISIONS TO VILLAGE MASTER
PLAN AND DESIGN MANUAL TO ALLOW POLE SIGNS DEPT. H/RED
RECOMMENDED ACTION:
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HOUSING ANti REDEVELOPMENT COMMISSION - AG-
CITY MGR. %@
Instruct Housing and Redevelopment Director on action to be taken in response to a minute
motion approved by the Design Review Board requesting that the Housing and Redevelopment
Commission give consideration to the appropriateness of revising the Vi//age Master P/an and
Design Manual to allow pole signs within the Village Redevelopment Area under certain
circumstances.
ITEM EXPLANATION:
On May 24, 1999 and again on July 26, 1999, the Design Review Board held a public hearing to
consider an appeal of the Housing and Redevelopment Director’s decision to deny a sign permit
to allow a pole sign for Tom Giblin’s Irish Pub located at 640-A Grand Avenue in the Village
Redevelopment Area. The Design Review Board ultimately denied the appeal because they
believed that the current regulations clearly state that pole signs are no longer permitted within
the Village Area. However, the Board was also of the opinion that pole signs may be acceptable
under some circumstances. Consequently, the Board took action on July 26, 1999 to approve a
minute motion requesting that the Housing and Redevelopment Commission give consideration
to the appropriateness of revising the sign regulations set forth within the Village Master P/an and
Design Manual to allow pole signs within the Village Redevelopment Area under certain
circumstances. Their request addresses your potential adoption of a general rule regarding pole
signs acting in your legislative capacity.
The Board action to deny the appeal is not before you for action - it is only appealable to the
Superior Court. The property owner, Michael Murphy, apparently intends to proceed to court.
Your direction to staff not to revise the Vi//age Master Plan and Design Manual to allow pole signs
will eliminate any doubt that court is the owner’s only potential remedy. Alternatively, if you direct
staff to develop standards to allow pole signs under limited circumstances, staff will entertain a
stipulation delaying the legal proceedings until final action on the proposal, because the new
general rule may impact the sign being appealed.
Background on the Pole Siqn Requlations
The Redevelopment Agency invested four years in developing a new Vi//age Master Plan and
Design Manual for the Village Redevelopment Area which supported the desires of the
community. From the numerous workshops, committee meetings and public hearings, it was
determined that the regulations adopted for the Village Area had to be completely supportive of
the pedestrian-oriented environment desired for the Village Area. The development standards,
including the sign regulations, set forth for the Village Redevelopment Area were intentionally
revised and adopted in 1996 to support the desired pedestrian-oriented environment. Pole signs,
as well as other types of signage such as roof top signs and off-premises signs, were prohibited
because they are vehicle-oriented.
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The sign standards for the Village Area are much different today than they were 10 to 20 years
ago. The new standards adopted in 1996 allow for more signage in both quantity and type (or
manner) of signage than that allowed when the redevelopment area was originally established in
1981. However, some types of signage, such as pole signs, are no longer permitted today
because they are inconsistent with the approved vision for the Village Area.
Since 1996, conformance to the new sign standards has been required when there is a
requested change in signage for a business or a change in the business. The regulations have
been applied consistently to all properties within the Village Area. In this way, over time, without
an arbitrary amortization period, all pole signs will be eliminated.
Desiqn Review Board Request
The three (1 vacancy, 1 member not participating due to conflict) participating members of the
Design Review Board expressed their understanding of the original intent of the revised sign
regulations and are generally supportive of the intent. However, they collectively agreed that
there might be circumstances under which a pole sign might be acceptable. For example, a pole
sign with an attractive design which is under a certain height or within given dimensions might be
appropriate for the Village Area. As a result of their discussion on this matter, the Board decided
to forward their request to the Commission for consideration of revised sign standards to allow
pole signs under specific standards. At this time, there is no recommendation on proposed
standards to be established to address this issue. The Board has requested that the Commission
provide instructions to staff as to whether or not this matter should be further researched or
considered for possible revisions to the Village Master P/an and Design Manual.
Staff Recommendation
Staff is not supportive of revising the sign standards for the Village Area to allow pole signs.
However, if the Commission desires to do so, it is staffs recommendation that the Commission
instruct the Housing and Redevelopment Director to develop standards which would allow pole
signs under limited and clearly specified circumstances and return these standards to the Board
and Commission for further review and consideration at a later date. Staff is currently working on
a report to process amendments or revisions to the Village Master P/an and Design Manual as
related to various other development issues and/or standards. Revisions to the sign regulations
could be incorporated into the report which is currently being prepared to process other
modifications to the Manual.
ENVIRONMENTAL IMPACT
At this time, there is no environmental impact associated with the requested action to provide
instructions to staff. Any proposed amendments/revisions to the Vi//age Master P/an and Design
Manual will be considered under separate environmental review.
FISCAL IMPACT:
At this time, there is no fiscal impact associated with the requested action. If directed to proceed,
staff time will be required to prepare any proposed revisions to the Village Master Plan and
Design Manual.
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Based on the information I've provided
you this evening and further detailed in the two staff
reports that have been provided to you, Staff recommends
that the Design Review Board find that the appellant
failed to prove that an error was made in the director's
the existing pole sign; and doing so, affirm the decision
of the Housing Redevelopment Director by denying the
appeal and adopting Resolution Number 268, which is in the
-Based on some of the feedback that Staff
received at the May 24th meeting, we wanted to provide
this as additional action and possibly food for thought.
The Design Review Board can, through a minute motion,
recommend changes to be made to the Master Plan to allow
pole signs. In fact, this would be the only way that
Staff believes that any pole signs can be allowed in the
future. This would apply to all properties throughout the
redevelopment area and not just this one particular case.
In doing so, Staff feels that specific
development standards would have to be prepared for pole
signs, and the recommendation would then be forwarded to
the Housing and Redevelopment Commission for final action.
As a final note, I would like to remind
the Design Review Board that the Redevelopment Agency has
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MS. MAROIS: Does that sound about right?
MR. HEINEMAN: We don't know. Not owning a bar, I
can't tell you.
4 MS. MAROIS: Thank you.
MR. COMPAS: What about this -- they brought up
this Hawthorne thing. What is your comment about that?
MS. ROSENSTEIN: We have probably been lax in
requiring existing pole signs to be brought into
conformance just because a site has been vacated. We have
been trying to work with property owners to give them the
benefit of the fact these properties will be redeveloped
and will be brought into conformance. As with this case,
there was a change in business. We could have required
years ago and had this same discussion years ago in having
the sign -- the pole sign be brought into conformance
after the removal of Duly McClesky's. But rather, we
waited until a new business came in.
MS. FOUNTAIN: Chairman Compas, I need to add to
that as well. When we were actually developing the Master
Plan back from '92 to '96, we actually talked about
enforcement at that time, and if we wanted to take an
aggressive approach to going out at that point in time,
giving everybody notice that had illegal signage and doing
a sweep of all the signs to bring them into conformance.
We decided at that time that that wasn't the best use of
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city resources. That we had other things that were bigger
issues that we needed to deal with. So, we made a
conscious decision at that point in time that we would
implement this policy that's now in the Master Plan where
it would change as businesses change.
So, as new business owners came in, there
was a change in either new construction or whatever it
might be, that we would enforce it at that time. So, it
was definitely a conscious decision that over time,
enforcement would come into play. We could, as Lori
mentioned, go out and be aggressive. But there hasn't
been that policy decision at this point in time to do
that. So, we were operating off the policy decision that
was made back in 1996.
MR. COMPAS: Thank you. The statement was made on
the applicant's side that they feel this is really a
pedestrian-oriented sign and not a vehicular-oriented one.
Do you agree with that or not?
MS. ROSENSTEIN: Well, I think in the Design
Guidelines we clearly stipulate that to be
pedestrian-oriented, it has been to a monument sign no
higher than 60 inches.
MR. COMPAS: So, you would not agree with that?
MS. ROSENSTEIN: No, I would not agree with that.
MR. COMPAS: Board Member Heineman.
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1 MR. HEINEMAN: I'd like to ask a question of Mr.
2 Rudolf. If we should -- 1 don't know how the other
3 members of the Design Review Board might vote, but if we
4 should decide this is indeed in violation of the ‘
5 regulations and should be removed, but at the same time we
6 filed a minute motion asking counsel to re-examine the
7 prohibition on pole signs, would it be possible for Mr.
8 Giblin to keep that sign until our minute motion had been
9 acted upon?
10 MR. RUDOLF: Mr. Chairman --
11 MR. HEINEMAN: I am trying to make this a win/win
12 situation.
13 MR. RUDOLF: Well, your decision would be final
14 and the clock would start to run on his time to appeal.
15 And I believe it would be a 1094.5 writ, and it would have
16 to be filed within 90 days of your action. And if he
17 waits longer than that, then your action would become
18 final and not judicially challengeable. So, if he files
19 his action -- unless the Housing Redevelopment Commission
20 would act within that 90 days to give Staff direction to
21 revise the manual to allow it, then we work out some kind
22 of stipulation or extension of the statute of limitations,
23 it would be too late.
24 MR. HEINEMAN: It could be possible, but it could
25 be too late also?
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MR. HEINEMAN: The motion is just the basis for
discussion at this point.
MS. MAROIS: Okay. I second that.
*MR. COMPAS: Thank you very much. Harriet, why L
don't you start the discussion.
MS. MAROIS: Let me start by saying that I think
that that sign and that property is one of the more
attractive ones in the whole downtown area and is,
regardless of what violations it may be making, is just in
keeping with the spirit and the image that I think people
want to create downtown. That's my opinion. I think it's
very attractive. I think it does attract pedestrians, but
it's also useful for vehicles. I mean a pedestrian sign
doesn't mean that vehicles shouldn't also be able to find
a place or whatever. And, so -- and I think it's
unfortunate because I do think it's attractive and in
keeping with the image that you'd like to create. It is
unfortunate, really, that it happens to be violating a
very sort of cut and dry regulation.
So, another point with regard to a clear
definition or a cut and dry regulation. It's not clear to
me that some of these regulations are really well-defined
or they are so specific that there is no room for
exception or variance or waiver. And I think that's
unfortunate. And I think that's kind of the position that
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1 the business owner is in now. That however something is
2 defined, it is so lacking in a way to make an exemption
3 that nothing can be done about it. And I don't want to
4 have to find -- there may not be grounds to find -- that
5 1 Staff made any error in order to let them have their sign. .
6 So, my inclination is to want to find a
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way that they can keep their sign because I think it looks
good. It is my judgment, even though it is a pole sign --
and it is not a pole sign of the kind that maybe people
had in mind when they prohibited pole signs. And I would
cite the Denny's sign, the Alberto's sign. Those are
free-standing, high signs meant to attract freeway traffic
and that kind of thing. So, I am looking for a way that
we can allow them to keep the sign because I think it's
pleasing and fits with what the Village wants to do; and
not have to find that the Staff was in error, because I am
not sure that they were, to find a way that we can do
that.
And I'd like to make several points
because I think one way to do it, if I understand our city
attorney correctly, is to ask for or recommend some
changes or modifications in the Village Plan. And if
that's the way to do it, these are some of the items that
I wish would be addressed: To clearly, clearly define
what we mean by a pole sign or its intention or its
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obstructions because it seems to me the idea is to get rid
of those big tall signs that are really, in my opinion,
3 not very attractive. But they do serve a purpose;
4 8 I think also this change in business or cessation
5 of business maybe just needs to be spelled out more
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clearly. On my first reading of this, I would have said,
well, yeah, it's still a restaurant. Now, that may be
because of my naive view. I don't know how these things
9 are defined. Another item that I think made this a little
10 bit more complicated is that when a permit is required for
11 a pole sign or whatever it might be, parking permit, that
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it be somehow spelled out more clearly as to who is
responsible to get the permit and who the city wants to
respond to.
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16 business owner? Because the responsibility for getting
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that permit seems to have been sort of diluted here. We
weren't sure at first whether it was the restaurant owner,
the business owner or the property owner. And maybe it
became more complicated than it needed to be.
Another issue is -- and I know that a
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long time and a lot of effort was put into creating this
plan, but I would like to see a modification such that,
well, business and property owners do not need to make
immediate changes because there are changes in the plan;
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2 violation forever and ever; that there should be, when
3 these regulations are made, some stipulation that they
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time of the change or something like that. And I won't
cite any specific signs, but I see signs downtown that are
so old, if they make a change -- perhaps they are kept
from making any changes because they don't want to conform
to any new regulations. So, you end up with these old,
worn out signs that are not attractive, but they can keep
them forever is my understanding.
so, I would like to see if there are some
changes made that at least that some time period be given
over the long haul when all owners or business owners
would need to conform to the new regulations. And in the
same vein, I would like to see something in here with
regard to signage as well as maybe to some other issues
that somehow allows a process of exemption or waiver or
appeal not solely on the grounds that Staff made an error
because there may be no error. But yet, in this
particular case, I think the property and its signs are in
keeping with the spirit and the tradition for the Village.
But yet they are violating, you know, the plan and the
regulation.
so, I am wondering if there could be
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something written in with regard to signs or anything else
that permits some exemption to be made on a case by case
basis and whether a payment maybe involved with that, I
don't know.
* I think that's all. I think I've said
enough at this point.
MR. COMPAS: Board Member Heineman.
MR. HEINEMAN: I tend to agree with Harriet, that
the sign is indeed attractive, in fact, one of the more
attractive signs downtown. I feel, however, it is in
violation, and I would like to follow the motion which
I've already made with a minute motion that the Housing
and Redevelopment Commission re-examine the subject of
pole signs and, hopefully, with sufficient speed that this
particular pole sign will not have to be taken down, if
they do indeed change the regulations.
MR. COMPAS: Okay everybody. Is there any comment
on that? Is that a doable thing?
MR. HEINEMAN: I believe Mr. Rudolf said earlier
on, when we were discussing it, that it was doable, but
not guaranteeable.
MR. RUDOLF: Well, I am starting to count votes
here and seeing a problem. It seems to me -- I was just
outlining your options. It seems to me your one option is
to grant the appeal, but I don't see votes for that. That
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MR. COMPAS: Well --
MR. HEINEMAN: And I think you are the --
MR. COMPAS: I -- this is a difficult thing
because I agree with both of you. The sign isn't, by
itself, very bad. It is probably okay. I don't see it
being bad, but it does violate the regulations and the
Staff, I think, have done the right thing in clearly
pointing out that it does violate the regulations. So, we
are caught in a dilemma. I don't know how you keep the
sign without violating the regulations.
MS. MAROIS: If I understand our city attorney, it
sounds like if we, as a board, make a motion for
continuance and ask the Staff to address the issues of
some changes or possibilities for exemption, that that
might possibly reconcile the differences between the city
and the Staff, given that currently the sign is violating
the plan -- the general plan -- the Village Plan.
If I understand correctly, if we make a
motion for continuance and ask for those specific kinds of
modifications that would allow how them to be in
compliance or allow them to have an exemption or whatever
it would take -- if I understand correctly, we can do
that?
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MR. RUDOLF: Yes, you can. But there's a variety
of things that could happen. The Housing Redevelopment
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RONALD R. BALL
CITY ATTORNEY
D. RICHARD RUDOLF
ASSISTANT CITY ATTORNEY
JANE MOBALDI
ASSISTANT CITY AlTORNEY
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CALIFORNIA 92008-1989
(760) 434-2891
FAX: (760) 434-8367
August 31,1999
Clarence H. Schlehuber
Attorney at Law
2720 Jefferson Street
Carlsbad, CA 92008-I 703
RE: GIBLIN SIGN APPEAL RECORD
Dear Mr. Schlehuber:
This is in response to your letter to the City Attorney dated August 26, 1999 in the
above referenced matter. The Design Review Board denied the joint appeal of the
owner and tenant with regard to the sign at 640-A Grand Avenue on July 26, 1999.
Both section 1.16.010(b) and section 21.35.100(b) provide that the date of the decision
is the date the determination is mailed or otherwise delivered to the persons affected by
the decision. Accordingly, the notice included as part of the DRB’s resolution is
incorrect to the extent that it makes the decision effective immediately. Since the
decision was mailed on July 29, 1999 and your appeal was filed on Friday, August 6,
1999, it was within the ten days required to delay the time of filing a petition.
Staff has inquired of you regarding your provision of the transcript of the proceedings
but has not received a response, and we are unable to provide you with the estimate
required by Carlsbad Municipal Code section 1.16.01 O(c ) until you provide that
information. Once that information is provided, staff will provide you the cost estimate
within ten days thereafter, and you will be required by both that section and Code of
Civil Procedure section 1094.6 to make the deposit within ten days after your receipt of
the cost estimate.
If those things occur ultimately we are required to provide you with the complete
administrative record within 190 days of your request therefore, and your deadline to
file your petition is extended to not later than the 30” day following the date on which
the record is delivered to you. Please respond to staffs inquiry regarding the transcript
at your earliest opportunity so that we may provide you with a cost estimate for
preparation of the administrative record.
In light of our determination that your appeal was filed within ten days of the date of the
decision, it is unnecessary to respond further to your request to delay preparation of the
administrative record.
Very truly yours,
F
Acting City Attorney
rmh
c: City Manager
City Clerk
Director of Housing and Redevelopment
CLARENCER scHLEHuBm
Attorney at Law
2720 Jefferson Street
Carlsbad, California 92008-l 703
Telephone (760) 729-2327
Facsimile (760) 434-7653
August 26, 1999
Mr. Ron Ball
City Attorney
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
RE: Giblin Sign
Dear Mr. Ball:
This will confirm my telephone conversation with you in which I am requesting that the City
accept my request dated August 5, 1999, for a preparation of the record proceedings as being
timely filed, and hold up the preparation of the record until the Housing Redevelopment
Board acts on a revision of the sign ordinance. If the City does this by CCP1094.6, the time
to appeal will be extended beyond the 90 days required for an appeal to be filed.
Since it appears by the recent action of the City Council that pole signs like the Giblin sign
will be permitted under the revised ordinance, this would allow time to protect both the City
and Tom Giblin’s Pub to avoid filing an appeal of the decision and an appropriate response by
the City. This will have to be done within the 90 day period. If the City does not agree to
my proposal, I will be required to file within the 90 day period. I do not believe this
expenditure to be in the best interest of Mr. Giblin or the City, and I am hope&l the back
door extension I am reqcesting might be granted.
Thank you for the courtesies you have extended me to date. I will await to hear &om you.
Very truly yours,
tt3L.k44& Clarence H. Schlehuber
CHS:lv
Clarence H. Scblehuber is a Certified Specialist in Robate, Erlalr plruvring & Tmt Law by “The State Bar of California Board of Legal Specialization”
CLARENCE H.~CHLEHUBER
ATTORNEY AT LAW
2720 JEFFERSON STREET
CARLSBAD, CALIFORNIA 92006
TELEPHONE (760) 729-2327
FACSIMILE (760) 434-7653
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pjiL.K 4/&\ pjiL.K 4/&\
g & Trust Law by “The State Bar of California Board of Legal Specialization” g & Trust Law by “The State Bar of California Board of Legal Specialization”
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II 3:57 PM HOUSING & RED, FAX NO. 7607202037 - P. 1
DESIGN REVIEW BOARD RESOLUTION NO. 268
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY
OF CARLSBAD, CALIFORNIA, DENYING THE PROPERTY
OWNER’S APPEAL AND UPHOLDING THE HOUSING AND
REDEVELOPMENT DIRECTORS DECISION TO DENY AN
ADMINISTRATIVE REDEVELOPMENT PERMJT NO. PS 99-05 TO
ALLOW MODIFICATIONS TO AN EXISTING POLE SIGN FOR
TOM GIBLM’S IRISH PUB LOCATED AT 640-A GRAND AVENUE
IN LAND USE DISTRICT 1 OF THE VILLAGE REDEVELOPMENT
AREA.
CASE NAME: TOM GIBLM’S TRISH PUB POLE SIGN A.PN: 203-301-05-00
CASE NO: PS 93-05
WHEREAS, business owner Ned GibIin, “Applicant” and property owner MKM Trust
“Owner” filed a verified application for a sign permit on January 26, 1999 with the Housing and
Redevelopment Department of the City of Carlsbad regarding property located at 640-A Grand
Avenue; and
WHEREAS, the Housing and Redevelopment Director, after considering all factors
relating to Administrative Redevelopment Permit PS 99-05, denied said application on February 2,
1999, based upon the requirements of the Carlsbad Village Redevelopment Master Plan and Design
Manual, which prohibits pole signs.
WHEREAS, an appeal of this denial was timely filed on February 12, 1999 by Owner
and Applicant, “Appellants”; and
WHEREAS, on the 24* day of May, 1999, the Design Review Board of the City of
Carlsbad held a duly noticed public hearing and at said public hearing Appellants requested and were
granted a continuance until July 1, 1999 in order to apply for and simultaneous process with the appeal
an application for a sign variance.
WHEREAS, on May 2 I, 1999 Appellants filed an application for a variance and on
June 23, 1999 withdrew the application for a variance without explanation.
WHEREAS, on July 26, 1999 the Design Review Board of the City of Carlsbad
continued consideration of the duly noticed public hearing as prescribed by law to consider said appeal - __.--_---- --. ,.- .-. . . . . I - -- ..-
DRB RESO NO. 268
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11 3:58 PhI HOUSING & RED. FAX NO. 7607202037 P. 2
and at said hearing, considered all the evidence, testimony, and arguments of those persons present
and desiring to be heard.
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as
Follows:
A) That the foregoing recitations are true and correct.
B) That the Design Review Board hereby confirms the Director’s decision on PS 99-
05 and the appeal of that decision is ;DEiWEQ based upon the facts set out in the
Housing and Redevelopment Staff Reports dated May 24, 1999 and July 26, 1999,
and the evidence presented at the public hearing, all of which are incorporated
herein by reference, and the followilrg findings:
Findineq
1.
2.
3.
4.
5.
6.
The original approval for the pole sign was granted on January 25, 1980 for Dooley McCluskey’s
Restaurant under Permit Number 80-60. On the same day, the property owner obtained a sign
permit for a monument sign for the entire Old World Center under Permit Number 80-61.. Except
for the change in copy to the pole sign, both signs are still in existence today.
The Carlsbad Village Redevelopment Master Plan and Design Manual became effective on
January 12,1996 making new pole signs unlawful, existing pole signs lawful nonconforming uses,
and establishing specific thresholds for the removal of existing pole signs.
The Carlsbad Village Redevelopment Master Plan and Design Manual requires mandatory
conformance with the sign regulations contained therein whenever 1) a business ceases to exist for
any reason; 2) the ptopertybusiness is abandoned for a period of six (6) months or longer; ar 3)
there is a change in use or business. Dooley McCluskey’s Restaurant business ceased to exist on
November 3, 1993; the suite was vacant from November 3, 1993 to October 20, 1998 (more than 6
months) when Tom GibIin’s Irish Pub opened for business; and the change from Dooley
McCluskey’s CO Tom Giblin’s tish Pub constitutes a change in business. All three reasons require
the pole sign to be brought into conformance.
Mandatory conformance with the sign regulations set forth within the Carlsbad Village
Redevelopment Master Plan and Design Manual is required for all signs, replacement signs or
modifications to existing signs. Replacing the sign faces advertjsing Dooley McCluskey’s
Restaurant with two new sign faces advertising Tom Giblin’s Irish Pub constitute “modifications
to existing signs”, therefore requiring that the entire sign be brought into conformance.
The legal grounds asserted in the appeal are incorrect and the decision of the Housing and
Redevelopment Director is correct because California Business and Professiona Code Section
5498 does apply “author&g special rules (for on-premise advert&g displays) in redevelopment
areas” and not California &siness and Professional Code Section 5412 et seq. as argued by the
Appellants.
The removal of the pole sign does not constitute a taking, because the nineteen (19) years that the
pole sign has been in place is an adequate period of time for the property owner to’ recover the
original cost of the sign ($1,000).
2
DR8 RESO ItO. 268
AN- 6-99
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la
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RI 3:!jg PM HOUSING b l?ED. ,a FAX LO. 7607202037 P. 3
7, The appellant failed to prove that an error was made in the Housing and Redevelopment Director’s
decision to deny the sign permit for the modifications to the existing pole sign.
C) This action is final the date this resohrtion is adopted by the Design Review
Board. The provision of Chapter 1 .I6 of the Carlsbad Municipal Code, ‘Time
Limits for Judicial Review” shall apply:
“NOTICE TO APPLICANT”
“The time within which judicial review of this decision must be sought is
governed by Code of Civil Procedure, Section 1094.6, which has been made
applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16.
Any petition or other paper seeking judicial review must be filed in the
appropriate court no later than the ninetieth day following the date on which
this decision becomes final; however, if within ten days after the decision
becomes final a request for the record of the proceedings accompanied by the
required deposit in an amount sufficient to cover the estimated cost of
preparation of such record, the time within which such petition may be filed
in court is extended to not lacer than the thirtieth day following the date on
which the record is either personally delivered or mailed to the party, or his
attorney of record, if he has one. A written request for the preparation of the
record of the proceedings shall be filed with the “City Clerk, City of Carlsbad,
1200 Carlsbad Village Drive, Carlsbad, California 92008.”
EFFECTIVE DATE: This resolution shall be effective upon its adoption.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Design Review
Board of the City of C&bad, California, held on the 26th day of July, 1999 by the following vote to
wit:
AYES:
NOES:
ABSENT:
AEGTAM:
Chairperson Compas, Board Members: Heineman and Mar&.
None.
Board Member Marquez.
None.
.
a A&
BILL COMPAS, Chairpersd
DESIGN REVIEW BOARD
AlTEST:
DEBBIE FOUNT
HOIMNG AND REDEVELOPMENT DIRECTOR
3
DRB RESO NO. 268
, , -’
January 17,200O
TO: CITY CLERK
FROM: HOUSING AND REDEVELOPMENT DIRECTOR
FINAL RECORDED DOCUMENTS FOR TYLER COURT ACQUISITION
Attached for your records are some additional original recorded documents related to the
Tyler Court Senior Apartment Acquisition (Housing and Redevelopment Commission
Resolution No. 3 12, adopted July 20, 1999) which closed escrow as of October 1, 1999.
We have made copies of these documents for our files. These originals are now
forwarded to your office for the offkial city file on the subject acquisition.
Thank you for your assistance. Please contact me at X2935 if you have any questions
, -.
’ CHICAGO TI? ,E COMPANY
Fax (619)282-520 1
January 3,200O
DEBBIE FOUNTAIN
CARLSBAD REDEVELOPMENT AGENCY
2965 ROOSEVELT STREET, SUITE B
CARLSBAD, CA 92008
Property: 3363 TYLER STREET, CARLSBAD, CA
Escrow No: 093038306 N82
In accordance with instructions in the above escrow number, we enclose herewith certified copies of all
documents recorded.
Original Deed recorded in connection with this transaction will be forwarded to you direct from the County
Recorder’s off ice.
Should you have any questions, please contact the undersigned.
We know you had a choice and appreciate your choosing Chicago Title Company. We look forward to
assisting you with your future real estate transactions.
Thank you for choosing Chicago Title Company.
Sincerely,
CHICFGO TITLE COMPANY
Escrow Officer
&corded at the m@
Chbgdllb
When Recorded Mail to:
Diane F. Olson
34052 La Plaza, Suite 205
Dana Point, CA 92629
>
SM DrEi-ill~~~~~~‘s OFFICE : :
;
;
) TitleOrder # 93038306 ~13 _
Escrow No: 93038306 PJ &INFORM
Tht t.RIGIM CF THIS llk.WKN t&%RECORDEDOHsEP30,1999 DllCWtBT t4lWR D99-06&= GREW J. SNITH~ COUNTY RECORDER
. . APN 204-070- 19 & 27 Space Above for Recorder’s Use
INTERSPOUSAL TRANSFER DEED
The undersigned declares that the documentary transfer tax is NONE as this Deed is
ONLY for the release of community property interest of a Spouse, if any.
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
John W. Wright, a married man, husband of grantee
hereby GRANT(S) to
Diane F. Olson, a married woman as her sole and separate property
the following described real property in the County of San Diego, State of California:
Portions of Lots 9 and 11 and all of Lot 10 of Industrial Tract, in the City of Carlsbad, as
more completely set forth in Exhibit “A”, consisting of one page, attached hereto and
made a part hereof by this reference.
“It is the intent of the Grantor herein to divest himself of any and all interest in and to the
within described property and to vest the same in the Grantee as Her Sole and Separate
Property.”
Dated: August 19, 1999
State of California )
County of San Diego)
On 4?, before me, > lY a
Notary Public in and for said State, personally appeared
personally known to me or proven to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity, and that by
his/her/their signature on the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNESS
-
CALIFORNIA ALLPURPOSE ACKNOWLEDGMENT
State of California
County of Orange 1
ss.
On 09-70-99 , before me, Jam S. Lockett “No&ry PRICK
Date ~~~~ and Title of Officer (e 9 , ‘Jane Doe. Notary Public’)
personally appeared ----Jot FJ byright -=----------------------,
Name(s) of Sagner(s)
I personally known to me
-j&roved to me on the basis of satisfactory
evidence
JANE S. LOCKEIT Commi&on% 1226196
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
Place Nolary Seal Above
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Inter s?o~a 7 TramfPr TIpA
Document Date: August 19; 1999 Number of Pages:
Signer(s) Other Than Named Above: N,/A
Capacity(iea) Claimed by Signer
Signer’s Name:
C Individual
Z Corporate Officer - Title(s):
C Partner - L3 Limited II General
E Attorney in Fact
C Trustee
C Guardian or Conservator
C Other:
Signer Is Representing:
Top of thumb here
0 1997 National Notary Association .9350 De Soto Am, P.0 Box 2402. Chatsworth CA 91313.2402 Prod No 5907 Reorder Call Toll-Free l-800-876-6827
EXHIBIT “A”
PARCEL 1:
THE SOUTHWESTERLY 106 FEET OF LOT 9, OF INDUSTRIAL TRACT IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1743, OFI, JANUARY 3,1923.
EXCEPTING THEREFROM THE NORTHWESTERLY 69.0 FEET THEREOF THE SOUTHEASTERLY LINE OF SAID
NORTHWESTERLY 69.0 FEET BEING DRAWN PARALLEL WITH AND DISTANT 69.0 FEET AT RIGHT ANGLES
FROMA-THE NORTHWESTERLY LINES OF SAID LOT NO. 9, ALSO EXCEPTING FROM THE SAID LOT 9, THE
SOUTHWESTERLY 61 .O FEET OF THE SOUTHEASTERLY 69.10 FEET.
PARCEL 2:
THE SOUTHWESTERLY 61 .OO FEET OF THE SOUTHEASTERLY 69.10 FEET OF LOT NO. 9 OF INDUSTRIAL
TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 1743, FILED IN THE OFFICE OFTHE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY
23, 1923.
PARCEL 3:
AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS AND ALL PUBLIC UTILITY PURPOSES OVER,
UNDER AND ACROSS THE SOUTHEASTERLY 20 FEET OF THE NORTHWESTERLY 79.0 FEET, (SAID DISTANCE
BEING MEASURED AT RIGHT ANGLES) OF LOT 9 OF INDUSTRIAL TRACT, IN THE CITY OF CARLSBAD,
ACCORDING TO MAP THEREOF NO. 1743, FILED IN THE OFFICE OFTHE COUNTY RECORDER OF SAN DIEGO
COUNTY, JANUARY 3,1923, EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL 1 AND 2
HEREIN DESCRIBED.
SAID EASEMENT BEING APPURTENANT TO PARCEL 2 HEREIN ONLY.
PARCEL 4:
LOT IO OF INDUSTRIAL TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 1743, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN
DIEGO COUNTY, JANUARY 3,1923.
PARCEL 5:
THAT PORTION OF LOT 11 OF INDUSTRIAL TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1743, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, JANUARY 3,1923, DESCRIBED AS FOLLOWS:
COMMENCING AT CONCRETE MONUMENT AT INTERSECTION OF CENTER LINE OF CHESTNUT AVENUE AND
CENTER LINE OF FIRST STREET; THENCE SOUTH 55 27’ WEST ALONG CENTER LINE OF CHESTNUT AVENUE
A DISTANCE OF 239.8 FEET TO TRUE POINT OF BEGINNING; SAID POINT OF BEGINNING BEING THE MOST
SOUTHERLY CORNER OF LAND DESCRIBED IN DEED FROM ALEX DABETA AND MARIAN DABETA TO ALBERT
ACUNAAND NEMESIAACUNA, RECORDED IN BOOK 1817, PAGE 391 OF DEEDS; THENCE CONTINUING
ALONG CENTER LINE OF CHESTNUT AVENUE SOUTH 55 27’ WEST TO INTERSECTION WITH THE
NORTHEASTERLY LINE OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD RIGHT OF WAY AND SHOWN
ON SAID MAP; THENCE NORTH 34 33’ WEST ALONG SAID RAILROAD RIGHT OF WAY 128.43 FEET TO THE
MOST WESTERLY CORNER OF LOT 11; THENCE NORTHWESTERLY ALONG THE NORTHWESTERLY LINE OF
DESCLTR-09/06/94bU.
SAID LOT 11 TO THE S?UTHWESTERLY CORNER OF SAID ACUNA'S LAND; THENCE SOUTH 34“ 33'
EAST ALONG THE SOUTH LINE OF SAID ACUNA'S LAND 128.43 FEET TO THE POINT OF
BEGINNING.
2
Recorded at the request Of
Chicago Title
When Recorded Mail to:
Lido Investments, Inc.
34052 La Plaza, Suite 205
Dana Point, CA 92629
it,.. ~IGIML OF THIS DocwI(ENT cy15rnrnuN~~~~~ _ _ _
iliHWENT li!JlW U99-O666923 CaGocci J. SHITH, CWl’Y,ELXRER SAN DIEGtl ~TY~~~~ S OFFICE : :
Order i/93038306 U13/PJ CONFORM
APN 204-070-19 & 27
/
Space Above for Recorder’s Use Only
GRANT DEED
The undersigned declares that the documentary transfer tax is
The property is located in the City of Carlsbad.
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Diane F. Olson, a married woman, who acquired title as a single woman,
hereby GRANT(S) to
Lido Investments, Inc., a California corporation,
the following described real property in the County of San Diego, State of California:
Portions of Lots 9 and 11 and all of Lot 10 of Industrial Tract, in the City of Carlsbad, as more completely set forth in Exhibit “A”, consisting of one page, attached hereto and
made a part hereof by this reference.
Dated: August 19, 1999 ch &--A&,. ORF
Diane F. Olson
State of California )
County of San Diego )
O-efore me, the undersigned, a Notary Public in and for said
State, personally appeared DIANE F. OLSON, personally known to me or proven to me
on the basis of satisfactory evidence to be the person whose name is subscribed to the
within instrument and acknowledged to me that she executed the same in her authorized
capacity, and that by her signature on the instrument the person, or the entity upon behalf
of which the person acted, executed the instrument.
fftcial seal.
6
flPGL’ ’ * . C’,’ :
&
u -* r : 1 t :., da :‘. ! .- ,,’ : ., ,‘- : 9 ~ ._ .‘. > j i,-: ‘,, !? c., .” ,, .“I . . , “‘TAX . . ,\’ ^.
State of California
County of Orange
On 09-20-99
Date
, before me, &me Se Lockeft “Notary Pub/W’
Name and me of Officer (e.g.. “Jane Doe. Notary Public’)
,
personally appeared Diane F. Olson ----------------------------
Name(s) of Signer(s)
II personally known to me
XW(proved to me on the basis of satisfactory
evidence
Ccxnmision # 1226196
Place Notary Seal Above
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
OPTIONAL v
Thotigh the information below is not required by law, it may ,-ove va;Jab/e to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Grant Deed
Document Date: August 19, 1999 Number of Pages:
Signer(s) Other Than Named Above: N/A
Capacity(k) Claimed by Signer
Signer’s Name:
Z Individual
C Corporate Officer - Title(s):
II Partner-L Limited CI General
C: Attorney in Fact
11 Trustee
Z Guardian or Conservator
E Other:
Signer Is Representing:
Q 1997 Natmmi Notary Assoclatnn . 9350 De Soto Ave PO Box 2402 * Chatsworth. CA 91313-2402 Prod No 5907 Reorder Call Toll-Free l-800-876-6827
EXHIBIT “A’
PARCEL 1:
THE SOUTHWESTERLY 106 FEET OF LOT 9, OF INDUSTRIAL TRACT IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1743, OFI, JANUARY 3,1923.
EXCEPTING THEREFROM THE NORTHWESTERLY 69.0 FEET THEREOF THE SOUTHEASTERLY LINE OF SAID
NORTHWESTERLY 69.0 FEET BEING DRAWN PARALLEL WITH AND DISTANT 69.0 FEET AT RIGHT ANGLES
FROM THE NORTHWESTERLY LINES OF SAID LOT NO. 9, ALSO EXCEPTING FROM THE SAID LOT 9, THE
SOUTHWESTERLY 61 .O FEET OF THE SOUTHEASTERLY 69.10 FEET.
PARCEL 2:
THE SOUTHWESTERLY 61 .OO FEET OF THE SOUTHEASTERLY 69.10 FEET OF LOT NO. 9 OF INDUSTRIAL
TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 1743, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNN, JANUARY
23, 1923.
PARCEL 3:
AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS AND ALL PUBLIC UTILITY PURPOSES OVER,
UNDER AND ACROSS THE SOUTHEASTERLY 20 FEET OF THE NORTHWESTERLY 79.0 FEET, (SAID DISTANCE
BEING MEASURED AT RIGHT ANGLES) OF LOT 9 OF INDUSTRIAL TRACT, IN THE CITY OF CARLSBAD,
ACCORDING TO MAP THEREOF NO. 1743, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNN, JANUARY 3,1923, EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL 1 AND 2
HEREIN DESCRIBED.
SAID EASEMENT BEING APPURTENANT TO PARCEL 2 HEREIN ONLY.
PARCEL 4:
LOT 10 OF INDUSTRIAL TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, .
ACCORDING TO MAP THEREOF NO. 1743, FILED IN THE OFFICE OF THE COUNN RECORDER OF SAID SAN
DIEGO COUNTY, JANUARY 3,1923.
PARCEL 5:
THAT PORTION OF LOT 11 OF INDUSTRIAL TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1743, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNN, JANUARY 3,1923, DESCRIBED AS FOLLOWS:
COMMENCING AT CONCRETE MONUMENT AT INTERSECTION OF CENTER LINE OF CHESTNUT AVENUE AND
CENTER LINE OF FIRST STREET; THENCE SOUTH 55 27’ WEST ALONG CENTER LINE OF CHESTNUT AVENUE
A DISTANCE OF 239.8 FEET TO TRUE POINT OF BEGINNING; SAID POINT OF BEGINNING BEING THE MOST
SOUTHERLY CORNER OF LAND DESCRIBED IN DEED FROM ALEX DABETA AND MARIAN DABETA TO ALBERT
ACUNA AND NEMESIA ACUNA, RECORDED IN BOOK 1817, PAGE 391 OF DEEDS; THENCE CONTINUING
ALONG CENTER LINE OF CHESTNUT AVENUE SOUTH 55 27’ WEST TO INTERSECTION WITH THE
NORTHEASTERLY LINE OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD RIGHT OF WAY AND SHOWN
ON SAID MAP; THENCE NORTH 34 33’ WEST ALONG SAID RAILROAD RIGHT OF WAY 128.43 FEET TO THE
MOST WESTERLY CORNER OF LOT 11: THENCE NORTHWESTERLY ALONG THE NORTHWESTERLY LINE OF
OESCLTR-09/06/94bh
SAID LOT 11 TO THE SOUTHWESTERLY CORNER OF SAID ACUNA'S LAND; THENCE SOUTH 34“ 33'
EAST ALONG THE SOUTH LINE OF SAID ACUNA'S LAND 128.43 FEET TO THE POINT OF
BEGINNING.
- GREGORY J. SIMITH
SA ,iCGO COC’STY ASSESSOR / RECORDEI L.ERK
1600 PACIFIC HIGHWAY, ROOM 103
SAN DIEGO, CALIFORNIA 92 101-2480
TELEPHONE (619) 531-5848
PRELIMINARY CHANGE OF OWNERSHIP REPORT
(To be completed by transferee (buyer) prior to transfer of subject property in accordance
with Section 480.3 of the Revenue and Taxation Code.) This report is not a public document.
SELLER/TRANSFEROR: Diane F. Olson
A Preliminary Change in Ownership
Report must be tiled with each
conveyance, in the County
Recorder’s
office for the county where the
property is located; this particular
BUYER/TRANSFEREE: Lido Investments, Inc. form may be used in all 58 counties
ASSESSOR’S PARCEL NUMBER(S): 204-070-l 9 and 27
PROPERTY ADDRESS OR LOCATION: 3363 Tyler Street, Carlsbad, California
Mail Tax Information To: (Name): Lido Investments, Inc.
(Address): 34052 La Plaza, #205, Dana Point, CA 92629
in
California
NV-O
CSH
AREA
NV-T
PP
NOTICE: A hen for property taxes applies to your property on March 1 of each year for the taxes owing in the following fiscal year, July 1 through June 30. One-half of these taxes is due November I, and one-half is due February 1. The first installment becomes delinquent on December 10, and the
second installment becomes delinquent on April 10. One tax bill is mailed before November I to the owner of record. IF THIS TRANSFER OCCURS
AFTER MARCH 1 AND ON OR BEFORE DECEMBER 3 I, YOU MAY BE RESPONSIBLE FOR THE SECOND MSTALLMENT OF TAXES DUE FEBRUARY 1. The property which you acquired may be subject to a supplemental assessment in an amount to be determined by the San Diego County Assessor. For
further information on your supplemental roll obligation, please call the Assessor Realty Division at (619) 531-5761. For information about this form,
please call the Change in Ownership Section at (619) 53 l-5848.
PART 1: TRANSFER INFORMATION Please answer all questions
Yes No
A. Is this transfer solely between husband and wife (Addition of a spouse, death of a spouse, divorce settlement, etc.)?
B. IS this transaction only a correction of the name(s) of the person(s) holding title to the property (For example, a name change upon marriage)?
C. Is this document recorded to create, terminate or reconvey a lender’s interest in the property?
D. Is this transaction recorded only as a requirement for financing purposes or to create, terminate, or reconvey a security interest (e.g. cosigner)?
E. Is this document recorded to substitute a trustee under a deed of trust, mortgage, or other similar document?
F. Did this transfer result in the creation of a joint tenancy in which the seller (transferor) remains as one of the joint tenants?
G. Does this transfer return property to the person who created the joint tenancy (original transferor)?
H. Is this transfer of property:
I. to a trust for the benefit of the grantor, or grantor’s spouse?
2. to a trust revocable by the transferor?
3. to a trust from which the property reverts to the grantor within 12 years?
I. If this property is subject to a lease, is the remaining lease term 35 years or more including written options?
J. Is this a transfer from parents to children or from children to parents?
K. Is this a transaction to replace a principal residence by a person 55 years of age or older?
L. Is this transaction to replace a principal residence by a person who is severely disabled as defined by Revenue and Taxation Code Section 69.5?
If you checked yes to J, K or L, you may qualify for a property tax reassessment exclusion, which may result in lower taxes on your property. Failure to
tile a claim results in the reassessment of the property. Please provide any other information that would help the Assessor to understand the nature of the transfer.
IF YOU HAVE ANSWEREP ‘YES’ TQ ANY OF THE ABOVE QUESTIONS EXCEPT&&OR L, PLEASE SIGN AND DATE, OTEDfXWISE COMPLETE BALANCE OF THE FORM:
PART II: OTHER TRANSFER INFORMATION A. Date of transfer if other than recording date: RECORDING
B. Type of transfer. Please check appropriate box.
1
Purchase cl Foreclosure 0 Gift 0 Trade or Exchange q Merger, Stock or Partnership Acquisition
Contract of Sale - Date of Contract
Inheritance - Date of Death 1 ] Other (please explain:)
Creation of a Lease Assignment of a Lease I Termination of a Lease u Sale/Leaseback
Date lease began
Original term in years (including written options)
Remaining term in years (including written options)
C. Was only a partial interest in the property transferred? q Yes w No If “Yes:” indicate the percentage transferred: 100 %
AS-SV 25 SBE-ASD AH 502-A FRONT 1195
I ’ -
-..
. PIe-Jse qnswer, to the best of your knowledge - ;oplicable questions, sign and date. If a question Tot appi,v. rndicated with “N/A ”
PART III: PURCHASE PRICE Sr TL /IS OF SALE
A. CASH DOWN PAYMENT or Value of Trade or Exchange (Excluding closing Cost) Amount
B. FIRST DEED OF TRUST @ % Interest for - years. Payments&Jo = f Amount S -
FHA ( Discount Points) Fixed Rate
Conventional Variable Rate Assume Existing Loan
VA ( Discount Points) All inclusive TD ($ ww@) Bank or Savings & Loan
Cal-Vet Loan Carried by Seller
Balloon Payment 0 Yes u No Due Date Amount 16
C. SECOND DEED OF TRUST @ % Interest for - years. Payments&lo = S Amounts -
Bank or Savings & Loan Fixed Rate New Loan
Loan Carried by Seller El Variable Rate El Assume Existing Loan
Balloon Payment 0 Yes 0 No Due Date Amount S
D. OTHER FINANCING is other financing involved not covered in (B) or(C) above 0 Yes M !zw Loan Amount S
1 Bank or Savines & Loan n Fixed Rate H Variable Rate - I ~~~~~ Assume Existing Loan Balance I ~-~~ I Loan Carried by Seller
Balloon Payment u Yes
E. IMPROVEMENT BOND CY
No Due Date Amount $
Yes 0 No Outstanding Balance Amount S
F. TOTAL PURCHASE PRICE (or acquisition price, if traded or
exchanged, include real estate commission, if paid Total Items A through E q Through a broker 0 Direct from Seller 0 Other (Explain) I G. PROPERTY PURCHASED
If purchased through a broker, provide broker’s name and phone no: Please explain any special terms, seller concessions, or tin,
and terms of sale.
PART IV: PROPERTY INFORMATION
A. Is Personal Property (movable items such as furniture, appliances, and equipment) included in the Purchase Price
(Other than a mobilehome subject to local property taxes? 0 Yes f-1 No
If “Yes” enter the value of the personal property included in the purchase price % (Attach itemized list of personal
wverty) B. Is this property intended as your principal residence? II Yes 1-1 No
If “Yes” enter date of occupancy Month bay , l9- or intended occupancy D; y > l9- Month
C. Tvoe of Prooertv Transferred -. . _ a Single-family residence Agricultural
Multiple-family residence (no. of Units) Co-Op/Own-your-own
Commercial/Industrial
DOES THE PROPERTY PRODUCE INCOME?
D. I Lease/Rent III Contract EJ
Timeshare
Mobilehome
Condominium Unimproved Lot Yes No
Mineral Rights
E. What was the condition of the property at the time of sale? ??I
if yes, is the income from:
Other - Explain:
n Good Average 0 Fair 0 Poor
Please explain the physical condition of the property and provide any other information (such as restrictions, etc.) that would assist the Assessor in
determining the value of the property:
\ I certify, th(foreg$zg is true, correct and complete to the best of my knowledge and belief ,
(?tf a-*- / Date
Please Print Name of New Owner/Corporate Officer - ,/
Phone Number where you are available from 8:00 a.m. - 5:00 p.m. /949.4qL+ L/s?* (NOTE: The Assessor may contact you for further information)
If a document evidencing a change of ownership is presented to the recorder for recordation without the concurrent filing of a preliminary
change of ownership report, the recorder may charge an additional recording fee of twenty dollars ($20.00).
AS-SV 25 SBE-ASD AH-502-A BACK II95
. THE &KINhL OF THIS WcllldENT Ms REcllRDED OH SEP 303 1999 WnilylEM t#HDER lW-ot;66%4 GEXIRY 9. SNITH~ MWNTY RECORDER
Recorded at the request of
Chicago Title
When Recorded Mail to:
Carlsbad Redevelopment Agency
C/o City Clerk
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Title Order # 93038306 U13
1 W DIEGO ~~T~4~~~~R’S OfWiE : -LL
)
1
1
1
>
> Escrow No: 93038306 PJ CONFtORM
APN 204-070- 19 and 27 Space Above for Recorder’s Use Onlv i
GRANT DEED
The undersigned declares that the documentary transfer tax is $ 5.500.00 and is computed on the fi111 value
of the interest or property conveyed or is computed on the full value less the value of liens or encumbrances
remaining thereon at the time of sale.
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Tyler Court Partners, Ltd. a Missouri Limited Partnership and Lido Investments,
Inc., a California corporation
hereby GRANT(S) to
Carlsbad Redevelopment Agency
the following described real property in the County of San Diego, State of California:
The Southwesterly 106 feet of Lot 9, of Industrial Tract in the City of Carlsbad, County
of San Diego, State of California, according to Map thereof No. 1743, filed in the Office
of the County Recorder of San Diego County, January 3,1923, as more tilly described as
per attached Description.
Dated: September 26, 1999 Tyler Court Partners, Ltd.
a Missouri Limited Partnership
By: Lido Investments Inc.,
Diane F. Olson, President
Page 1 Order No. 93038306
PARCEL 1:
DESCRIPTION
THE SOUTHWESTERLY 106 FEET OF LOT 9, OF INDUSTRIAL TRACT IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
1743, OFI, JANUARY 3, 1923. EXCEPTING THEREFROM THE NORTHWESTERLY 69.0 FEET
THEREOF THE SOUTHEASTERLY LINE OF SAID NORTHWESTERLY 69.0 FEET BEING DRAWN
PARALLEL WITH AND DISTANT 69.0 FEET AT RIGHT ANGLES FROM THE NORTHWESTERLY LINES
OF SAID LOT NO. 9, ALSO EXCEPTING FROM THE SAID LOT 9, THE SOUTHWESTERLY 61.0
FEET OF THE SOUTHEASTERLY 69.10 FEET.
PARCEL 2:
THE SOUTHWESTERLY 61.00 FEET OF THE SOUTHEASTERLY 69.10 FEET OF LOT NO. 9 OF
INDUSTRIAL TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1743, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, JANUARY 23, 1923.
PARCEL 3:
AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS AND ALL PUBLIC UTILITY
PURPOSES OVER, UNDER AND ACROSS THE SOUTHEASTERLY 20 FEET OF THE NORTHWESTERLY
79.0 FEET, (SAID DISTANCE BEING MEASURED AT RIGHT ANGLES) OF LOT 9 OF INDUSTRIAL
TRACT, IN THE CITY OF CARLSBAD, ACCORDING TO MAP THEREOF NO. 1743, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
THEREFROM THAT PORTION LYING WITHIN PARCEL 1 AND 2
JANUARY 3, 1923, EXCEPTING
HEREIN DESCRIBED.
SAID EASEMENT BEING APPURTENANT TO PARCEL 2 HEREIN ONLY.
PARCEL 4:
LOT 10 OF INDUSTRIAL TRACT, IN THE CITY OF CA?.LSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1743, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID SAN DIEGO COUNTY, JANUARY 3, 1923.
PARCEL 5:
THAT PORTION OF LOT 11 OF INDUSTRIAL TRACT, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1743, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 3, 1923, DESCRIBED AS
FOLLOWS:
COMMENCING AT CONCRETE MONUMENT AT INTERSECTION OF CENTER LINE OF CHESTNUT
AVENUE AND CENTER LINE OF FIRST STREET; THENCE SOUTH 55O 27' WEST ALONG CENTER
LINE OF CHESTNUT AVENUE A DISTANCE OF 239.8 FEET TO TRUE POINT OF BEGINNING;
SAID POINT OF BEGINNING BEING THE MOST SOUTHERLY CORNER OF LAND DESCRIBED IN
DEED FROM ALEX DABETA AND MARIAN DABETA TO ALBERT ACUNA AND NEMESIA ACUNA,
RECORDED IN BOOK 1817, PAGE 391 OF DEEDS; THENCE CONTINUING ALONG CENTER LINE OF
CHESTNUT AVENUE SOUTH 55O 27' WEST TO INTERSECTION WITH THE NORTHEASTERLY LINE OF
THE ATCHISON TOPEKA AND SANTA FE RAILROAD RIGHT OF WAY AND SHOWN ON SAID MAP;
THENCE NORTH 34=' 33' WEST ALONG SAID RAILROAD RIGHT OF WAY 128.43 FEET TO THE
MOST WESTERLY CORNER OF LOT 11; THENCE NORTHWESTERLY ALONG THE NORTHWESTERLY
LINE OF SAID LOT 11 TO THE SOUTHWESTERLY CORNER OF SAID ACUNA'S LAND; THENCE
SOUTH 340 33' EAST ALONG THE SOUTH LINE OF SAID ACUNA'S LAND 128.43 FEET TO THE
POINT OF BEGINNING.
State of California)
Countyof San Diego )
on 9/28 , 1999, before me, the undersigned, a Notary Public in and for
said State, personally appeared DIANE F. OLSON, personally known to me or proven
to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on
the instrument the entity upon behalf of which the person(s) acted,
G
- -
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the
deed or grant dated September 26, 1999, from Tyler Court Partners, Ltd. to
the Carlsbad Housing and Redevelopment Agency, is hereby accepted by
the Housing and Redevelopment Commission of the City of Carlsbad,
pursuant to Resolution No. 3 12, adopted July 20, 1999, and the grantee
consents to the recordation thereof by its duly authorized officer.
DATED: September 30,1999
-_
GREGORY J. SMITH
SA ,Ik,.ijO COLXTY ASSESSOR i RECORDEh tERK
1600 PACIFIC HIGHWAY, ROOM 103
SAN DIEGO, CALIFORNIA 92101-2480
TELEPHONE (619) 531-5848
PRELIMINARY CHANGE OF OWNERSHIP REPORT
(To be completed by transferee (buyer) prior to transfer of subject property in accordance
with Section 480.3 of the Revenue and Taxation Code.) This report is not a public document.
SELLER/TRANSFEROR: Tyler Court Partners, Ltd. and Lido Investments, Inc., a California
corporation
A Preliminary Change in Ownenhip Report must be filed with each
conveyance, in the County Recorder’s
office for the county where the
property is locabd; this particular
BUYER/TRANSFEREE: Carlsbad Redevelopment Agency form may be used in all 58 counties
in
ASSESSOR’S PARCEL NUMBER(S): 204-070- 19 and 27
. . .
California
PROPERTY ADDRESS OR LOCATION: 3363 Tyler Street, Carlsbad, California
Mail Tax Information To: (Name): Carlsbad Redevelopment Agency
(Address): 20% L4> Fm C,‘, X%&3 I
NV-O
CSH
AREA
NV-T
PP
’ 1200 CARLWW VILLAGE DPIVE , CARLSBAO f es. %a~@
NOTICE: A lien for property taxes applies to your property on March 1 of each year for the taxes owing in the following fiscal year, July 1 through June
30. One-half of these taxes is due November I, and one-half is due February I. The first installment becomes delinquent on December 10, and the second installment becomes delinquent on April 10. One tax bill is mailed before November 1 to the owner of record. IF THIS TRANSFER OCCURS AFTER MARCH 1 AND ON OR BEFORE DECEMBER 3 I, YOU MAY BE RESPONSIBLE FOR THE SECOND MSTALLMENT OF TAXES DUE FEBRUARY 1. The property which you acquired may be subject to a supplemental assessment in an amount to be determined by the San Diego County Assessor. For
further information on your supplemental roll obligation, please call the Assessor Realty Division at (619) 531-5761. For information about this form,
please call the Change in Ownership Section at (6 19) 53 I-5848.
PART 1: TRANSFER INFORMATION Please answer all questions
Yes No
A. Is this transfer solely between husband and wife (Addition of a spouse, death of a spouse, divorce settlement, etc.)?
9. Is this transaction only a correction of the name(s) of the person(s) holding title to the property (For example, a name change upon marriage)?
C. Is this document recorded to create, terminate or reconvey a lender’s interest in the property? D. Is this transaction recorded only as a requirement for financing purposes or to create, terminate, or reconvey a security interest (e.g. cosigner)?
E. Is this document recorded to substitute a trustee under a deed of trust, mortgage, or other similar document?
F. Did this transfer result in the creation of a joint tenancy in which the seller (transferor) remains as one of the joint tenants?
G. Does this transfer return property to the person who created the joint tenancy (original transferor)?
H. Is this transfer of property: 1. to a trust for the benefit of the grantor, or grantor’s spouse?
2. to a trust revocable by the transferor?
3. to a trust from which the property reverts to the grantor within 12 years?
I. If this property is subject to a lease, is the remaining lease term 35 years or more including written options?
I. Is this a transfer from parents to children or from children to parents?
K. Is this a transaction to replace a principal residence by a person 55 years of age or older? L. Is this transaction to replace a principal residence by a person who is severely disabled as defined by Revenue and Taxation Code Section 69.5?
If you checked yes to J, K or L, you may qualify for a property tax reassessment exclusion, which may result in lower taxes on your property. Failure to tile a claim results in the reassessment of the property. Please provide any other information that would help the Assessor to understand the nature of the transfer.
IF YOU HAVE ANSWERED ‘YES’ TO ANY OF THE ABOVE QUE§TIONS EXCEPT J, K, OR L., PLEASE SIGN AND
DATE, OTHERWISE COMPLETE BALANCE OF TI3E FORM
EVKRT II: OTHER TRANSFER INFORMATION
Date of transfer if other than recording date: RECORDING
Type of transfer. Please check appropriate box.
w
Purchase q Foreclosure q Gift 0 Tradeor Exchange q Merger, Stock or Partnership Acquisition
Contract of Sale - Date of Contract
Inheritance - Date of Death
Creation of a Lease
Date lease began
1 1 Other (please explain:)
Assignment of a Lease El Termination of a Lease u SaleILeaseback
Original term in years (including written options)
Remaining term in years (including written options)
Was only a partial interest in the property transferred? q Yes u No If “Yes:” indicate the percentage transferred: 100
A:- S SV 25 SBE-ASD AH 502-A FRONT l/95
%
?!easc’inpver, to the best qf~ortr knowledge, ,pp[icable questions, sign and date. If a question a 201 apply. rndicated rrrith “.Vf,4 ”
Y-T III: PURCHASE PRICE & TEL.LS OF SALE
A.
B.
C.
D.
E.
F.
CASH DOWN PAYMENT or Value of Trade or Exchange (Excluding closing Cost)
FIRST DEED OF TRUST @ % Interest for __ years. Payments/M0 =
I
FHA ( Discount Points)
Conventional
VA ( Discount Points)
Cal-Vet
Balloon Payment 0 Yes 0 No H
Fixed Rate
Variable Rate
All inclusive TD (S wrapped) Loan Carried by Seller
Due Date Amount $
SECOND DEED OF TRUST Q % Interest for years. Payments440 =
El
Bank or Savings & Loan
Loan Carried by Seller
Balloon Payment 0 Yes 0 No El
Fixed Rate
Variable Rate
Due Date Amount $
OTHER FINANCING is other financing involved not covered in (B) or(C) above
El
0 Yes
Bank or Savings & Loan Fixed Rate
Loan Carried by Seller Variable Rate
Balloon Payment 0 Yes E No Due Date Amount S
IMPRoVEMENT BOND CF Yes 0 No Outstanding Balance Amount 3
TOTAL PURCHASE PRICE (or acquisition price, if traded or
Amount 5,000,000.00
s Amount $ -
R
New Loan
Assume Existine Loan
Bank or Savings & Loan
Finance Company
s- Amount $ -
El
New Loan
Assume Existing Loan
R No Amount S
New Loan I Assume Existing Loan Balance
I I I s 5,000,000.00 I
exchanged, include real estate commission, if paid Total Items A through E
0 Through a broker 0 I 0 Other (Explain) I G. PROPERTY PURCHASED D’ erect from Seller
If purchased through a broker, provide broker’s name and phone no:
Please explain any special terms, seller concessions, or financing and any other information that would help the Assessor understand the purchase price and terms of sale.
&‘ART IV: PROPERTY INFORMATION
Is Personal Property (movable items such as furniture, appliances, and equipment) included in the Purchase Price
(Other than a mobilehome subject to local property taxes? m Yes n No
If “Yes” enter the value of the personal property included in the purchase price s (Attach itemized list of personal
property) Is this property intended as your principal residence?
If “Yes” enter date of occupancy
Type of Property Transferred
Single-family residence
Multiple-family residence (no. of Units=
Commercial/Industrial
To PE GWNRD + OPERATED BY -I-ME CARI%RAD
HEN-I- AGGNCY B I= XpHPrWY e TA3ES.
I certifif the foregoing is true, correct and complete to the best of my knowledge and belief
Signed: ‘L-e k Date 412qh
Please Print Name of Ne7Owner/C&p orate Officer CAPLSBAD REDWJEI oPtiEM- A=r\lC\( Phone Number where you are available from 8:00 a.m. - 5:00 p.m.
(NOTE: The Assessor may contac
If a document evidencing a change of ownership is presented to the recorder for recordation without the concurrent filing of a preliminary
change of ownership report, the recorder may charge an additional recording fee of twenty dollars ($20.00).
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