HomeMy WebLinkAbout1973-08-28; Planning Commission; ; CONSIDERATION OF AMENDMENT TO EIR 186, CONSIDERATION OF SP 131, CONSIDERATION OF TENTATIVE MAP CT 73-18CITY OF CARLSBAD
PLANNING DEPARTMENT
STAFF REPORT FOR
August 28, 1973
TO: PLANNING COMM ISSION
REPORT ON: CONSIDERATION OF AMENDMENT TO E.I.S.
II SPECIFIC PLAN
II TENTATIVE MAP
CASE NOS : E.I.S.-186
SP-131
CT 73-18
APPLICANT : J.M. PETERS, JR.
KAISER AETNA-PONDEROSA HOMES
2082 Business Center Drive, Suite 100
Irvine, California, 92664
I. GENERAL INFORMATION
A. Request: That the Planning Commission recommend approval to the City
Council of an E.I .S., a specific plan and a tentative map for a 420 single-
family subdivision on a portion of Lot 11, Rancho Las Encinitas.
B. Background:· Said property is located northerly of and adjacent to
Olivenhain Road, approximately 2080 ft. easterly of the intersection of
Olivenha in Road and El Camino Real. Said property has a frontage on Olivenhain
Road of approximately 2505 ft. and contains approximately 121 .17 acres.
The property is physically located between two tributaries of the Enc i nitas
Creek, characterized by an east to west ridge which has an elevation of 275 ft.
in the northeast corner and an elevation of approximately 100 ft. at the southwest
corner of the parce l. A broad bench with an el evation of 200 ft. dominates
the center portion of the site . The average slope for the entire property i s
13-16%. The land i s not presently being used for agr i cultural purposes .
With regard to previous actions, the Planning Commission and City Council
in April and May, 1973 , did approve a preannexational change of zone to P-C
(ZC-106) and a master plan for a 420 sing l e fam il y dwelling development (MP-105)
for the subject parcel . The Council Resolution no. 3116 approving the master
plan is attached . The annexation of the property in question has been considered
and approved by the City Council and LAFCO and all annexation proceedings should
be complete prior to th i s Planning Commission Meeting.
C. Zoning and General Plan:
l. Zoning: Existing: P-C -3~5 d.u./acre
Proposed: P-C -3.5 d.u./acre
Adjacent : North -P-C -4.7 d.u./acre
East -P-C -6.5 d.u./acre
West -P-C -4.7 d.u./acre
~outh -County L-C
2. General Plan : The subject property was not considered as a part
of the adopted General Plan. Said area is withi n the San Dieguito Master Plan as
being potential residential with from Oto .7 5 d.u./acre . The adopted Master
Plan -indicates a density of 3.5 d.u./acre. The proposed development is within
t his commitment.
D. Public Notification: The required public notices have been mai led
regarding these items.
II. CONSIDERATION OF E.I .S.-186
A. Summary : As a part of the consideration of the original change of zone
and master plan, the Planning Commission and City Council did accept a final
E.I.R.-122 and the applicant is subsequently providing additional data on the
precise development. In that a final E.I.R. has been accepted for this project,
staff would recommend that this additional information be accepted as an
addendum to the project description on an information only basis and take no
formal action in regard to E.I.R . consideration at this time.
III .CO NSIDERATION OF SPECIFIC PLAN NO. SP~l31
A. Description of Project: The applicant proposes to develop the 121
acres for 420 single-family lots, three private park areas totallinq 4.0 acres,
public streets and open space easements . All the access to ·the proposed
development is being provided by two access roads onto Olivenhain Road. All
the interior public streets are to be a minimum of 56 ft. of right-of-way
with the major streets of Hollyleaf and Armagosa being from 60 ft. to 80 ft.
wide . The 80 ft. width on these two . streets will occur at their intersection
with Olivenhain Road to provide for landscaped median at these two points.
The individual residential lots, totalling 420 lots, are two way in
size with the minimum lot containing 6300 sq. ft . with a buildable pad area of
5800 sq . ft . The applicant indicates that the average lot size will be 8000 sq.
ft. The awelling units to be constructed on the individual lots are to average
approximately 1600 sq . ft . in area.
No building elevations have been submitted at this time.
Parking is being provided on the basis of a normal single-family
lot subdivision with a two-ca r garage and two tandem spaces being provided on
each lot, and the des i gn of the proposed streets wil l permit on-street parking .
In addition to individual recreational facilities provided on each lot
by each occupant a · private park system is proposed to consist of three small
park areas, totalling approximately 4.0 acres, which would be interconnected by
a meandering wa l kway system which would be constructed tn the right-of-way of
proposed Holl yleaf Street, a po r tion of Stickleback Way and Armagosa Street.
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The individual parks in terms of proposed size are as follows:
Lot 38 -l .3 acres
Lot 200 -1.4 acres
Lot 409 -1.3 acres
In terms of usage, the applicant, as a part of the Master Plan adoption, did
indicate the one park would be utilized for a pool and adult oriented play areas ;
one would be utilized for football and baseball purposes and one would be for
tot lot purposes. These recreation areas and open space areas are to be main-
tained by a Homeowher's Association : The proposed private park system, potential
recreation facilities on the individual lots and the future public parks in
the La Costa Area are considered to be adequate for an estimate-d popt:ilation of
1390 persons with 630 children (based upon 1970 census information), for the total
development .
In terms of meeting the Ofdirianc~ requirements for open space, the
66-2/3% requirement would be met if 80.78 acres .are preserved in open space.
Based upon the indicated types of dwelling units, the space allocation would
be as follows :
Tota l Acreage 121 .17 acres ( l 00%)
Req. Open Space 80.78 acres (66-2/3%)
Prop. Build . Coverage 18.70 acres (15.4%)
New Sts. Excel . 20.09 acres (16.6%)
of-Olivenhain Road
Prop. Open Space 82.38 acres (68%)
With regard to schools, attached is a copy of a signed agreement between the
applicant and the Encinitas School District. Any agreement between the applicant
and the San Dieguito School District has not been made known to staff at this
time.
B. STAFF RECOMMENDATION. That it be moved that the Planning Commission
recommend SP-131 to BE APPROVED by the City Council, subject to conditions
outlined below. Justification is based upon :'
l. Conformance of the specific plan to the approved Master Plan No . 105.
2. Con formance of the specific plan to all ordinance requirements for
property in the P-C Zone District.
3. Conformance of the precise development to the existing and proposed
development in the surrounding areas.
C. CONDITIONS OF APPROVAL : Any approval should be subject to the following
conditions:
1. The approval of this Specific Plan is granted for the land described
in application and any attachments thereto, and as shown on the plot
plan submitted labeled Exhibits A, B, C, D. The location of all buildings
fences, signs, roadways, parking areas, landscaping, and other facilities
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or features shall be located substantially as shown on the plot plans
labelled Exhibit A, B, C, & D, except or unless indicated otherwise
herein.
2. Unless the constructi on of the structure or facility is commenced not
later than one year after the date the approval is granted and is diligently
pursued thereafter, this approval will automatically become null and void.
3. Any minor change may be approved by the Planning Director . Any sub-
stantial change will require the filing of an app l ication for an
amendment to be considered by the Planning Commission .
4. All requirements of any law , ordinance or regulation of the State
of California , Ci ty of Carlsbad, and any other governmental entity shall
be complied with.
5. No signs or advertising of any type whatsoever shall be erected or
installed until plans therefore have been approved by the City of Carlsbad.
6. All areas shown as parking areas shall be surfaced wi th asphaltic
concrete and shall be visibly marked outlining individual parking spaces
and traffi c flow. Said surfacing and marking shall be completed prior to
final inspection of the structure or structures by the Buildi ng Department .
The surface shall be kept in a reasonably good state of repair at al l
times . Al l garage floors shall be a mix of Portland Concrete Cement.
7. Prior to obtaining a building permit and within 30 days hereof,,the
applicant sha ll file with the Secretary of the Planning Commiss ion,
written acceptance of the conditions stated herein.
8. Compliance with and execution of all conditions listed hereon shall
be necessary, unless otherwi se specified, prior to obtaining final building
in spection clearance . Deviation from this requirement shall be permitted
on ly by written consent of the Planning Director .
9. All lighting shall be arranged to reflect away from adjoin ing
properties and streets .-
10. A deta il ed landscape and sprinkler plan prepared by a landscape
architect, sh.all be submitted to the Planning Director for consideration
and approval. This requirement shal l apply to all the private park
areas, open space areas, the proposed meander ing sidewa lk and proposed
entrance medians. Said plan sha ll also include the detailed plans for the
proposed recreation facilities to be installed i:n the private park. a,reas.
11. Prior to final building inspectton clearance for each phaseall land$ca,pi.ng
and recreational facil i ties shall be installed. Said landscaping shall ,
at all times, be maintained in a manner acceptable to the Planning Director .
12. Prior to the issuance of any permits, the applicant shall enter in to
a mutually acceptable agreement with the San Dieguito Union School Dtstrt ct
to provide for future school requirements th.at ·wn 1 result from the proposed
development .
13. All utilities, i nclud i ng electrical, telephone and cab l e television
shall be installed und erground and/or shall be completely concea l ed from
view.
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14. Prior to any construction, the applicant shall submit plans to the
appropriate entity providing domestic water to the proposed development,
for its approval of the location, type and adequacy of water lines, and
to this Fire Department for approval of the location of fire bydrants.
15. The applicant shall install all required fire hydrants and dry-stand
pipes prior to framing construction, and said fire appurtenances shall be
f unctional prior to commencing such work .
16 , The. appltca,n.t sh.qll esta,blish. qnd h.e.re_a,fter n:iatntain a, Homeownert s
Associati'on for the purpose of maintatni'ng tfte private park_ areas.
IV . CONSIDERATION Of TENTATIVE MAP NO : 73~18 .
A. Descriptfori of Project : Tha,t te.nta,ttve.111a,p consists of c\ total 9f
423 lots and · pu6l'tc streets . The lots consist of 420 residential lots and 3 park
lot s to be held i'n common 0wnership . The appl tcation i'ndicates th.at construction
wi 11 occur in five phases·, wttn.. one. of the. priva,te parR.. a,re.as to be constructed
in phases 1, 3, and 5.
Tb.e applicant has tndi'cated that approxtmately 1,000,000 yards of dirt will
be moved in the grading operation to create the proposed subdivision. Of major
concern is the impact on adjacent property of the. 50 ft. high bank that will be
created along the northerly property line west of proposed Guenus Street. Jn
add it ton, the rtdge which traverses tfi.e property, from north-west to southeast is
to be substanti'ally reduced tn height. Staff i's of the opinion that the proposed
amount of grading could 6e substantially reduced and the main physical feature
could be preserved by the use of different me t hods of pad construction, ex-
porting of dirt and contouring of grading to existing terrain . A parce l that has
an average slope of 13-16% is not conducive to a flat land concept of subdivision
development. If the Planning Commisston agrees with the staff in this ar ea, the
following condition should be added to any condttions of approval :
That prior to filing of the Fin.al Map, a revi'sed Tentative Map shall
6e su6m t tted to the City Engineer. Said map shall reflect the
following :
a . All cut and fill slopes shall be shown at a gradient ratio
no steeper than two horizontal feet to one vertical foot.
b. No cut or fill slope or combination thereof shall exceed
the height of thirty feet measured vertically without the use
of benching .
c. Cut and fill sloped with a height greater than 15 f t . sha l l
be separated by a building pad, a street, or if a natural sl ope,
separation is used, it shall be a minimum distance of 30 ft.
d . The elevation of the existing natural terrain shall not be
lowered or raised by more than 30 f t . vertical height.
e . All lot lines shall be at the top of slopes so that all
down hill slopes are ma de pa rt of t he lot at the lower el evat i on.
B. STAFF RECOMM ENDATION: That it be moved that the Planning Commission
recomment er· 73-18 BE APPROVED by the Ci ty Council subject to the conditions
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outlined herein . Justification is based upon:
l. Conformance of Tentative Map to all requirements of the Municipal
Ordinance Code and the regulations of the State of California Subdivision Map Act .•
2. Said map is in conformance with the adopted Master Plan .
With regard to compliance to the Parks Ordinance requirements, it is
recommended that In-Lieu fees be required for this development. Justification
is based upon:
l. No park site is shown on the subject property on the adopted General
Plan.
2. The locati'on of the prope r ty on the City's exterior boundary would not
be an ideal location for a City Park.
3. The size and shape of the subdivision would not permit a park of a
size that could adequately function as a public park.
C. CONDITIONS OF APPROVAL : Any approval should be subject to the following
conditions :
l. The recorded restrictions for the subdivision shall include the minimum
lot size and width requirements, evidence of which shall be subm i tted to
the City Planning Director prior to approval of the Final Map.
2. The development of the property described herein shall be sub j ect
to the restrictions and limitations set forth herein which are i n
addition to all the requirements, limitations and restrictions of all
municipal ordinances and State and Federal statutes now in force , or which
he reafter, may be in force for the purpose of preserving the residenti al
characteristics of adjacent properties.
3. The C.C.&R's for this development shall be submitted to the Pl ann ing
Director for review and approval prior to the issuance of any bu ilding
permits .
4. Park-In-Li eu fees shall be granted to the City prior to recording the
Final Map.
5. The deve l oper shall enter into a mutually acceptable agreement with the
San Dieguito Union School District to provide for future school require-
ments that will result from the proposed development.
6. In order to provide for reasonable fire protection during the con-
struction period , the subdivider shall maintain passable veh i cular access
to all buildings, and adequate fire hydrants with required fire flows
shall be installed as recommended by the Fire Department.
7. All public improvements sh.a ll be made t n conformity to the Ci.t,y of
Carlsbad Engineering Des ign Criteria and Standare Pl an$, the Subdi vis.ion
Ordinance and other City Standnrds to Ute s·attsfa,ct10n of tfle City Engineer
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without cost to the City of Carlsbad, and free of all liens and en-
cumbrances. Improvement plans for water and sewer system shall meet
the requirements of the respective service districts.
8. All utilities, including provisions for cable TV, shall be placed
underground and/or shall be completely concealed from view.
9. Ornamental street lighting shall be provided for as required by
Municipal Ordinance Code . The Developer shall post a bond in the amount
necessary to energize said street lights for an eighteen month period
after construction to permit the incorporation of the subdivision into
a maintenance district .
10. All land and/or easements required by this Ordinance shall be granted
to the City of Carl sbad without cost to the Ci ty, and free of all liens
and encumbrances. This requirement shall include all easements dedicated
to Utility Districts , after approval of the Tentative Map by the City
Council .
11. The Subd ivi der shall dedicate to the public, all rights of i ngress and
egress from lots abutting upon restricted access streets and roads over
and across the lines of sa i d lots abutting said streets and roads. This
dedication shall be so designated on the certificate sheet of the Final
Map with the intent that the owners of said lots will have no rights of
access whatsoever to said streets and roads . The words "access rights
dedicated to t he Ci ty" shall be lettered along the road adjacent to the
lots affected on the map proper . Olivenhai n Road shall be considered a
restricted access street i n this instance .
12. The proposed street names are not approved. Street names shall be
subject to approval and shall be des i gnated in accordance with the standards
and policies adopted by the Planning Comm ission on file in the Planning
Department . Said names shall be approved by the Planning Director prior
to recordation of the Final Map.
13. All setbacks on the individual lots shall con f orm to the requirements
for lots i n the R-1 zone di stri ct .
14. The applicant shall provide a fully actuated traffic signal at the
intersection of El Camino Real and Olivenhai n Road.
15. All lots having double street frontage shall have the access to one
of said streets relinquished to the City of Carlsbad in a manner acceptable
to the City Eng ineer .
16. Olivenhain Road shall be dedicated and improved on the basis of a
51 ft. half street for the full frontage of the development, to City
Standards .
17 . If required by the Ci ty Enginee r ing Office , the improvement plans
shall i nclude a report of a geological investigation and a complete grad ing
plan of the entire site. The report and plan shall be prepared by civil
engineers licensed by the State of Cal i fornia, and experienced in erosion
control, who shall be acceptable to the City Engineer , and they shall certi fy
that they have investigated the site and prepared data wi th f ull considerati on
of the consequences to the i ncluded and neighboring prop erties .
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18. The horizontal alignment of the indicated Sculpin Street in the vicinity
of proposed lots 168-177 shall be revised to eliminate a potentially
hazardous curve in a manner acceptable to the City Engineer.
19. The designation of no-parking on Armagosa and Hollyleaf Street proposed
at their intersection with Olivenhain Road, shall be deleted . In addition,
the proposed right-of-way width in these two areas shall be increased
to 82 ft. to permit a 16 1 wide median to City Standards.
20 . The locations of parking, one side only, as indicated for po rtions
of H9llyleaf Street shall be subject to the approval of the City Engineer .
21 . The tentative grading as proposed is not approved. Said grading
shall be revised to accommodate cut and fill slopes and benches as
required by the Grading Ordinance and Design Standards in those specific
areas where cut and fill heights exceed 30 ft.
22. Prior to consideration of this tentative map by the Ci ty Council,
said map shall be revised to reflect all of the conditions outlined herein.
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SIDNEY M. SHAW
PRESIDENT
MICHAELE. PARRISH
CLERK
DWIGHT E. COOK
NATALIE S. HALL
ERIC LARSON
<fncinita~ mnion fbcbool lli.strict
May 15, 1973
JAMES P. JOHNSON
DISTRICT SUPERINTENDENT
1115 UNION STREET
ENCINITAS, CALIFORNIA 92024
TELEPHONE 753-115:1
State of California
Department of Real Estate
107 South Broadway -Room 8003
Los Angeles, California 90012
CAPRI SCHOOi.
CENTRAL SCHOOL
I U UNION STREET
OCEAN KNOLL SCHOOL
fl0 MEllA ROAD
PACIFIC VIEW SCHOOL
60I THlaD IHHT
Re: Kaiser-Aetna -Ponderosa Homes
(Wiegand Property)
Gentlemen:
The Encinitas Union School District will service this project
with a Kindergarten through grade six elementary school program.
The project is located five miles from the Capri School.
Bus transportation will be furnished by the school district in
district-owned buses or contract buses for home to school. This
is done with school district funds.
Kaiser-Aetna has signed a voluntary agreement by which they will
pay one hundred dollars ($100.00) per dwelling unit to help the
district lessen the impact of subdivisions on present school
facilities.
erely yours,
.
James P. Johnson, Secretary
Encinitas Union School District
Board of Trustees
Approved: May 15, 1973
Encinitas Union School District
Board of Trustees
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SECURED AGREEMENT BE'I'HEEN
OWNER AS DEVELOPER AND ENCI NITAS UNION SCHOOL DISTRICT
THIS SECURED AGREEMENT is entered into this
of __ ___,Z2J .......... """--"a-;---' 1973, by and between 1/
IS:: day
·~K~A~I~$~B~R~A~E0_T~N~'A-½----.,-----------------' [Name o f Developer]
a California aeneral artnershi ' corporation, partnership, etc.
hereinafter referred to as "Developer", whose address is
..,_..;;2;;..,.:0:...:8;_;2:;;_,,:B::...u;,:.;s::...=in:.=..:::..e.:;;..s .:;;_s_::a:C..ace.a:..:n:...:::t:...:::e..::r--=D'-"r--=i=-:v~e"-_________ ...._ __ , [street]
Irvine , CA 92664 ----"-------------------------' [city, state, zip code]
and
ENCINITAS UNION SCHOOL DISTRICT of San Diego
County, California, hereinafter referred to as
•11 District", whose address is 185 Union Street,
Encinitas, California 92024.
WITNESS ETH:
A. WHEREAS, Developer is the owner of the real property
described on EXHIBIT 11 A11 attached hereto and by this reference
incorporated herein by reference, and hereafter referred to as
11 Property 11 ?./; and
B. WHEREAS, the Property lies within the boundaries of .
District; and
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c. \·ffIEREAS , Developer proposes to constr uc t
Four hundred twenty (420 ) single family,
deta ched r e sidences .
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on said Property, which develo pnent carries the proposed
nan1e of' RA~CHO DE L PO~DEROSA and :is
hereafter r e f erred to as 11 Deve lopme nt11 ; and
D. WHEREAS , Developer
a rezone application
197 J [intends to file] request f or !!_/
filed o~ the 5th day of Februarf ,
[filed on the day of .-m--,---'
with th~ ~0N¥~~jXSWX~g& a
City of Carlsbad
PC Z6ne with 3.5 units per acre, Zone thange #106
Master Pl an f lOS from the present zon1~g of LC under
the Coutity of San Diego
1973 .
E . W~EREAS, Develo~er and District recognize that school
.facilities and services will not be available to accommodate
children who may subsequently move into the proposed development;
and
F. WHEREAS, Developer has requested of the District
assurances that school facilities and services will be available
to meet the needs of the futufe residents of the development
as it is presently proposed and the developer is a~are that the
District canriot, and will not, be able to give Developer
any such assurances without financial assistance to pay for
such services and facilities; and
G. WHEREA S, the Developer a grees to provide such financial
ass istnnce in acc ord~n ce with .the terms of this acreement and
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the District agrees to provide assurances that school facilities
and services will be available to meet the needs of the future
residents of the development as it is presently proposed.
NOW THEREFORE, THE PARTIES HERETO HEREBY AGREE
as follows:
l. The Developer shall pay to the District the sum of
One Hundred and No/100 Dollars ($100.00) for each dwelling
unit to be constructed in the Development. The number of Dwelling
units to be constructed shall be determined from the approved
subdivision map of the Development, as recorded in the Office
of the County Recorder. The term "dwelling unit 11 ··as used
Q in this agreement means a place of residence and may be located
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in either a single or multiple dwelling unit building. Such pay~
ments shall be made in accordance with the following provisions:
1.1. The _total amount due hereunder shall be paid
to the district in installments equal to $100 times the
number of dwelling units for which building permits are
issued until the total amount as specifieq in paragraph 1
above ·has been paid or until the agreement has been canceled
by mutual consent due to the abandonment of a portion of the
Development. Such initallments shall be due and payable
to the District concurrent ·with application by Developer
for issuance of said building permits.
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1.2. Any payments not made by the Developer when
due and payable shall _bear interest at the rate of seven
(7) percent per annum.
2. To secure Developer's obligation hereunder, Developer
shall provide to District the securities call ed for in sub-
paragraph 2.1 or 2.2 or 2.3:
2.1. A surety bond in. favor of District in a
form acceptable to District from an insurer acceptable
to District in the sum of $ 42 000 to insure ---~----
Developer's performance of the terms of this agreement. 21
2.2. A bank or savings and loan time certificate
of deposit in the amount of$ ___ ....__ _____ _ in a form
acceptabl e to District naming the District as an irrevocable
assignee for the term of this agreement, and expressly
providing that any interest accruing on the time certificate
of deposit shall be solely the property of depositor and
the District shall have no rights to any such interest. 5/
2.3. Such other security as may be acceptable to
the District. 5/
3. District agrees to provide school facilities and
services wnich will be available to meet the needs of the
future residents of the areas to be developed as described
herei n. District further agrees to provide in writing for
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Developer, and upon his request , assurances nec essary to
enable Developer to comply with any requirements of public
a genc ies as evidencie o f adequate school facilities and ser~ices
sufficient to accorruilodate the needs of the developments herein
described.
4. All obliGations h e reunder shall termina te in the
event 61 the property is not annexed to the City of Carlsbad.
and the District shall within ten (10) days afte~ written
notice to District by Developer, deliver to Developer necessary
documents for releasing the security provided to District
pursuant to paragraph 2 hereof.
5. 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:
5.1. If notice is given to the Dist~ict, by
personal delivery thereof to the District or by depositing
the same in the United States Mail> .addressed to the
District at the address set forth herein, enclosed
in a sealed enve lope addressed to the District for
attention of the Superintendent, postage prepaid and
certified.
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5.2. If notice is 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 set
forth herein or at such other address as may have
been de signated, postage prepaid and certified.
5.3. If notice is given to a surety or other
person, by personal delivery to such surety or other
person or by depositing the same in the United States
Mail, enclosed in a sealed envelope addressed to such
surety or person at the address at which such surety
or person last communicated to the party giving notice,
postage prepaid and certified.
6. This Agreement shall be binding upon and shall
inure to the benefit of, and shall apply to, the respective
successo~s and assigns of Developer and the District, and
references to Developer or the District herein shall be
deemed to be reference to and include their respective
successors and assigns without specific mentioh 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 and shall have complied with paragraph 2 hereof.
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IN WITNESS WHEREOF, this Agreement is executed -in
San Diego County, California as of the date first written
above.
STATE OF CALIFORNIA
COUNTY OF ORANGE
On May 14, 1973
and for said State, personally appeared
) ) ss.
)
.......
ER AETNA, a California
/ general p~rrnP.rship ~a·-m-'-e--,-)--6-................... ....._~l-'-' .................. _,_,...._.-1-1~
f-F~-"'-~-'-"'----b ....... .;...;;;:..;;.. __ ..::...,t..----
lT am e's M. Peters, J f.
It's Duly Authorited Agent .
By_~-----------
Title --------------
DISTRICT:
ENCINITAS UNION SCHOOL DISTRICT
OF SN DIEGO COUNT CALIFORNIA
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RATIFIED BY GOVERNING BOARD:
, before me, the undersigned, a Notary Public in
James M. Peters, Jr.
known to me to be the duly authQrized agent of all of the partners of the partnership that executed
the within instrument, and acknowledged to me that he executed the same for and on behalf of said
partnership and that such partnership executed the same.
WITNESS my hand and official seal.
Signature
···························••: ♦ "°"'..,,..__,.,,._ OFFICIAL SEAL ♦
: DIANE D. COFFIN :
• NOT AR~ ~UBLIC -CALIFORNIA ♦
: ORANGE COUNl'Y :
• My Commission Expires Apr. 1, 1977 ♦ : .... ~·········~·~···•··~Y-~ • (Notarial Seal)
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EXHIBIT "A 11
Legal Description of Rancho del Ponderosa:
Easterly 2,505 1 of Southerly 2,107' of Lot 11
of Rancho Los Encinitas, Map #848 in the
County of San Diego.
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PLANN ING COMM ISSIO N RESOLUTION NO. 888
A RESOLUTION OF THE PLANNING COMM ISSION OF THE CITY OF
CARLSBAD, REC OMM ENDING TO THE CITY COUNCIL, ADOPTION
OF THE MASTER PLAN FOR 120 ACRES OF LA ND, LOCATED ON
THE NORTH SIDE OF OLIVENHAI N ROAD, EASTERLY OF EL
CAMINO REAL, TO ALLOW CONSTRUCTION OF 420 SINGLE-FAMIL Y
D~JELLI NGS.
WHEREAS, the Planning Commission of the City of Carlsbad did recei0e
4 a verified application from PONDEROSA HOMES requesting approval of -
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Master Plan to allow con struction of 420 single-family dwellings on property
described as:
Being the easterly 2505 feet of the Southerly
2107 feet of Lot No. 11 of Rancho Las Encinitas,
Map No. 848, in the County of San Diego, State
of California;, and;
WHEREAS, said application has complied with the requirements of the
"City of Carlsbad Environmental Protection Ordinance of "1972 11 and it has been
declared that this project 11may have a significant impact upon the environmentll.
WHEREAS, on April 10, 1973 a duly advertised Public Hearing was held
14 to consider the proposed Master Plan, and after hearing and considering the
15 testimony and arguments, if any, of all persons desiring to be heard, did find
16 t he following facts and reasons present which in their opinion are necessary
17 to carry out the general purpose of Title 21 of the Carlsbad Municipal Code:
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l. The proposed application is consistant with the General .
Plan as it applies to contiguous properties within the
City of Carlsbad.
2. The proposed zone is consistent with the Housing Element of
the General Plan .
3. The proposed development satisfies the intent of the
Planned Commun ity (P-C) Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the
City of Carlsbad that it does hereby recommend approval to the City Council of
25 the subject Master Pl an (.MP-l 05), subject to the foll ov1i ng conditions:
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l. That all condi t ions and requirements of the Planned
Community Ordin ance shall be complied with.
2. The applicant shall obtain a mutual agreement with the
Encinitas and San Dieguito School Distritts to provide for
future school requirements that will result from the construction
of these residenc es. Said agreement shall be secured prior
to obtaining bui lding permits for the herein described project,
and shoul d be submitted wi t h Specific Plan and Tentative Ma p.
3.T he applicant sha ll attempt to ann ex subject property concurrently
with all properties not now With in the City of Carlsbad ; s pe cificall
those properties lyi ng easterly of El Camino Real and northerly of
Olivenhain Road.
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1 PASSED, APP ROVED AND ADOPTED at a regular meeting of the Carlsbad
2 City Planning Comm ission, held on the 10th day of April, 1973, by t he
3 fol lo 1•1ing vote , to wit;
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AYES: Co mm issioners Dom i n0u ez, Dewhurst, Jose, Forman & Norma n
NOES : Commissioners Palmateer and Little
ABSENT: None.
ATTEST:
DONALD A. AGATEP,
Secretary.
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EDMOND W. DOMINGUEZ,
Chairman