HomeMy WebLinkAboutKeystone Carlsbad 28 LLC; 2003-03-14;AGREEMENT FOR
REIMBURSEMENT OF COSTS FOR DESIGN AND
CONSTRUCTION OF IMPROVEMENTS FOR POINSETTIA LANE
(APN: 215-080-01)
THIS AGREEMENT FOR REIMBURSEMENT OF COSTS FOR DESIGN AND
CONSTRUCTION OF IMPROVEMENTS FOR POlNSElTlA ALONG THE FRONTAGE OF
APN: 215-080-01 (“Reimbursement Agreement“), dated as of mfiRC)1 1q , 2003
(“Effective Date”), is made at San Diego County, California, between Keystone Carlsbad 28
LLC (“Developer“), and the CITY OF CARLSBAD, a municipal corporation of the State of
California (“City”), with reference to the following:
RECITALS
A. Developer is contemplating the construction of improvements on property identified
as Assessor’s Parcel Number 215-080-01 and known as the DE JONG RESIDENTIAL
PROJECT, CT 98-05, (“Project”) located north of future Poinsettia Lane and east of Black Rail
Road. City’s Planning Commission, by Planning Commission Resolution No. 4506,
recommended conditional approval of the Project on April 7, 1999.
B. CT 98-05 Condition of Approval No. 49 requires Developer to prepare documents
satisfactory to the City Engineer and agree to install street improvements along Poinsettia Lane.
C. The improvements along Poinsettia Lane are connected to the City’s Capital
Improvement Program and since it is in the best interest of both the Developer and City to
construct both the developer required frontage improvements and the remaining full width
improvements (“Joint Improvements”) at the same time by the same contractor, therefore
certain costs incurred by City in performing the design and construction of Joint Improvements
are reimbursable from the Developer.
NOW, THEREFORE, the City and Developer agree as follows:
1. Recitals. The above Recitals are true and correct and are incorporated herein
by this reference.
2. City Obliqations. In consideration of Developer’s reimbursement and other
undertakings as set forth herein, City agrees to perform the following in order to construct the
frontage improvements defined below (collectively, the “City Obligations”).
Joint Improvements
(a) Complete the design of CIP Project for Poinsettia Lane, DWG 379-6;
(b) Obtain City approval of the CIP Project;
(c) Roadway grading per DWG 379-6;
(d) Construct street improvements including subgrade preparation, aggregate
base, asphalt paving and concrete curb and gutter, median curb, median paving, median
landscaping and irrigation, street lights per DWG 379-6;
(e) Construct storm drain and sewer system improvements per DWG 379-6;
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3. Developer Obliqations.
(a) The parties acknowledge that the remaining items of work required by
Condition 49, other than those items to be constructed as a part of the City Obligations under
this agreement will be constructed by Developer and are not reimbursable by City to Developer.
(b) Developer’s agreement to have City construct the Poinsettia Lane
Improvements above shall constitute partial compliance with Condition 49 of the De Jong
Residential Project, CT 98-05 excepting therefrom any remaining improvements required or as
may be proposed by Developer. City’s performance of the City’s Obligations under this
agreement is expressly agreed by Developer to be contingent upon Developer’s entry into,
and performance under, this Reimbursement Agreement
(c) The City hereby confirms to Developer that this agreement to have the City
Construct the Poinsettia Lane Improvements above satisfies those portions of Condition of
Approval No. 49, of the De Jong Residential Project, CT 98-05, that relate to the construction of
Poinsettia Lane improvements above.
4. Reimbursable Work.
(a) All work giving rise to Reimbursable Expenses is referred to as
“Reimbursable Work“. Reimbursable Work includes, but is not limited to, “Reimbursable
Construction Work and “Reimbursable Incidental Work” both of which are defined below.
A preliminary cost estimate of all Reimbursable Expenses is shown in Exhibit C.
(b) With respect to all hard costs of construction for the Poinsettia Lane
Improvements comprising Reimbursable Work (collectively “Reimbursable Construction Work), City shall solicit bids from contractors. Reimbursable Construction Work shall be bid together
with Non Reimbursable work for that portion of the Joint Improvements, which are being bid by
such contractor. Upon selection of the contractor by City and agreement upon a contract
amount, the costs thereof shall be allocated among the bid items consistent with the method and process used in the Exhibit C. The parties agree that the spreadsheet attached hereto as
Exhibit C is a fair allocation of the costs under such contract as among the items of
Reimbursable Work and Non Reimbursable Work. Costs shown in Exhibit C are subject to
modification through change orders pursuant to Paragraph 4(c) of this Agreement.
(c) All change orders affecting Reimbursable Work shall be subject to approval by
both City and Developer. At the time of approval, the parties shall also determine the portion of
the change order which is allocated to Reimbursable Work. In making such decisions,
the parties shall be guided by the principle that if a change order is necessary due to changed
circumstances or oversight in original design, or if it is required in order to perform the applicable portion of the Poinsettia Lane Improvements in an orderly, reasonable and prudent manner according to the standard engineering and construction practice applicable to the
improvements, then the allocation of the portion to Reimbursable Work should be in proportion
to the allocation as between Reimbursable Work and Non-Reimbursable Work in Exhibit C for that portion of the Poinsettia Lane Improvements.
(d) Reimbursable Work will also include
coordination, project management and inspection of
(collectively “Reimbursable Incidental Work). The City
the expense to the City for design
the Poinsettia Lane Improvements
currently estimates the total cost of
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Reimbursable Incidental Work as $20,007.89 including the 4% overhead allocation specified in
Paragraph 4(g) of this agreement.
(e) During the performance of any Reimbursable Work, City shall retain detailed
payment records for all items of Reimbursable Work, for review by Developer. City’s requests
for reimbursement (each, a “Reimbursement Request”) shall include copies of bids received,
invoices, lien releases and other documentation reasonably required by Developer to evidence
the completion and payment for each item of Reimbursable Work.
(f) Exhibit C sets forth the preliminary cost estimate for both the Reimbursable
Work and the Non-Reimbursable work stated in Paragraph 3(a) above. The parties
acknowledge that Exhibit C, is for illustrative purposes only and that Developer is responsible
for payment of all costs as requested by the City in accordance with the procedures of
Paragraph 5 below.
(9) City shall be entitled to an overhead allocation of four percent (4%) of actual
Reimbursable Expenses in lieu of other reimbursement for City’s costs incurred for salary and
benefits for office staff of City’s engineering department, purchasing department, finance
department, field supervision above the level of on-site inspector, and general legal and
accounting fees.
5. Payment of Reimbursable Expenses.
(a) Payment for Reimbursable Expenses shall be made by Developer in the
following stages:
1) Deposit of $7,150 with the Developer’s signed copy of this
Reimbursement Agreement and before signature by the City to reimburse City for a portion of
the Reimbursable Incidental Work.
2) Deposit in an amount equal to the remaining Reimbursable Incidental
Work plus the contractor’s bid amount for Reimbursable Construction Work plus ten percent
(1 0%) for potential change orders within 15 calendar days after City receives bids on the Joint
Improvements and prior to award of contract by City.
3) Payment of actual Reimbursable Expenses plus the overhead allocation
of four percent (4%) less deposits shall be made within 30 calendar days after the date of City’s
Reimbursement Request.
(b) At such time as the Reimbursable Expenses are known to exceed the total
payments made by Developer for the Project, then Developer shall make payment of any
additional Reimbursable Expenses within 30 calendar days after the date of City’s
Reimbursement Request.
(c) After the Notice of Completion is filed and the Developer has paid the actual
final Reimbursable Expenses as required in the Paragraphs 5 (a) and 5 (b) above, the City will
return any excess deposits that exceed the total of the actual Reimbursable Expenses plus the
four percent overhead allocation pursuant to this agreement. Notice of completion to be filed
within 60 days after the completion and acceptance of project.
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6. Disputes/Claims. If a dispute should arise regarding the performance or
interpretation of this Agreement, the following procedure shall be used to resolve any question of fact or interpretation not informally resolved by the parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this Agreement shall be reduced to writing by the principal of Developer or the City’s Director of
Public Works (the “Director”). A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The Director, or principal, upon receipt, shall reply to the letter, including a
recommended method of resolution within ten (IO) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the office of the City Manager. The City Council may, but is
not obligated to resolve the dispute. If the City Council considers the dispute, and directs a
solution, the action of the City Council shall be the final administrative remedy for the parties
involved, although nothing in this procedure shall prohibit the parties from seeking remedies
available to them at law.
7. Termination and Release. This Agreement and the covenants contained herein shall be binding upon and inure to the benefit of the Developer and City. Upon performance of the obligations referred to in Section 5 for the Project and after City has filed the Notice of
Completion for the Joint Improvements, the provisions of this Agreement shall no longer apply
and shall automatically terminate as to the Project. Upon the request of Developer, City shall
execute and deliver to Developer any further documents and/or instruments reasonably necessary to evidence that the Project is thereafter fully released and free from the provisions of this Agreement, provided that the cost of preparing such documents and/or instruments shall
be paid by Developer.
8. Assignment of Agreement. Developer shall not assign this agreement or any
part thereof or any monies due thereunder without the prior written consent of the City.
9. Notices. Unless otherwise specifically provided herein, all notices, demands or
other communications given hereunder shall be in writing and shall be deemed to have been duly delivered upon personal delivery, or by Federal Express (or similar reputable express delivery service), or by facsimile transmission with back-up copy mailed the same day, or as of the second business day after mailing by United States Certified Mail, return receipt requested, postage prepaid, address as specified herein. Notices required to be given to Developer shall
be addressed as follows:
Keystone Communities Attn: Don Williamson c/o Keystone Carlsbad 28 LLC 5333 Mission Center Road, Suite 360
San Diego, CA 92108-4855
Phone: (61 9) 299-4855
Fax: (619) 299-4845
Notices to City shall be delivered to the following:
CITY OF CARLSBAD Engineering Department Attention: Public Works Director
1635 Faraday Avenue
Carlsbad, CA 92008
Telephone: (760) 602-2730 FAX: (760) 602-8562
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Each party shall notify the other immediately of any changes of address that would require any notice delivered hereunder to be directed to another address.
10. Counterparts. This Agreement may be executed in any number of counterparts,
each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute one and the same instrument.
11. Governins Law and Venue. This Agreement shall be interpreted and enforced under the laws of the State of California, and venue shall reside in San Diego County, California.
12. Complete Aqreement. This Agreement contains the entire agreement between the parties with respect to the subject matter contained herein, and supersedes all negotiations, discussions, and prior drafts with respect to this subject matter.
13. Amendment. This Agreement may only be amended by a written instrument executed by both City and Developer (including for this purpose any successors of Developer, to the extent of their ownership of real property within Project).
14. No Third Partv Beneficiaries. This Agreement shall not be deemed to confer any rights upon any individual or entity which is not a party hereto, and the parties hereto expressly disclaim any such third-party benefit.
15. Severabilitv. The invalidity or unenforceability of any provision of this Agreement, as finally determined by a court of competent jurisdiction, shall in no way affect the validity or enforceability of any other provision hereof.
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Ill 16. Exhibits. The following exhibits are attached to and by this reference incorporated into and made a part of this Reimbursement Agreement:
A. Planning Commission Resolution 4506
B. Grant Deed of Easement
C. Preliminary Cost Estimate of Reimbursable Expenses
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first above written.
DEVELOPER:
KEYSTONE CARLSBAD 28, LLC
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Printed Name:
Title
By:
Printed Name:
Title
(Proper notarial acknowledgment of execution by Contractor must be attached.
Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering the officer(s)
signing to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
n
BY: I
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALILORNIA ISS COUNTY OF- F-
On
personally appeared
t executed the same which the person(s
OPTIONAL This area for official notarial seal.
nough 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:
Document Date: Number of Pages: b
1 Signer(s) other than named above
CAPACITY(IES) CLAIMED BY SIGNER(S)
[ ] INDIVIDUAL
[ 1 CORPORATE OFFICER(S) TITLE(S)
[ 1 PARTNER(S)- [ ] LIMITED [ ] GENERAL
[ ] ATTORNEY-IN-FACT
[ 1 TRUSTEE(S)
[ 1 GUARDIAN OR CONSERVATOR
[ ] OTHER
SIGNER IS REPRESENTING:
Right Thumbprint of Signer
Top of thumb here
3 INDIVIDUAL
3 CORPORATE OFFICER(S) TITLE(S)
] PARNER(S)-[ ] LIMITED [ ] GENERAL
] ATTORNEY-IN-FACT
] TRUSTEE(S)
] GUARDIAN OR CONSERVATOR
3 OTHER
R" .' 'OLUTION ADOPTED BY UNAhMy 3
wR1 I I'EN CONSENT OF THE SOLE DIREL 1 OR
OF
KEYSTONE COMMUNITIES, INC.
Dated as of a zm3
The undersigned, being sole director of Keystone Communities, Inc., a California corporation
organized under the General Corporation Law of California, does hereby consent to take the following action
and adopt the following resolutions:
WHEREAS, the Board of Directors will be presented with v
management and operation of the real estate project owned by
LLC, a California limited liability company (Tompany");
WHEREAS, this corporation is the Manager of Company;
WHEREAS, the Board of Directors has determined that it is in the best interest of this
WHEREAS, the Board of Directors wish to appoint Donald L. Williamson as an agent
of the corporation;
NOW THEREFORE, BE IT RESOLVED that Donald L. Williamson is appointed as an
agent of the corporation and by his signature alone, is hereby authorized and directed to
execute on behalf of this corporation in its capacity as the Manager of the Company any and
all documents, applications and instruments necessary or appropriate to effectuate all of the
obligations, duties and rights of this corporation with respect to the real estate project of the
Company, and to execute any and all other documents, instruments, contracts, agreements,
subdivision maps and other documents relating to the Company in its capacity as previously
described, and the following signature block shall apply in connection therewith:
KEYSTONE CARLSBAD 28 UC
The undersigned directs that this consent be filed with the minutes of the proceedings of the Board of
Directors of the Corporation.
This consent is executed pursiiant to Section 307@) of the Corporations Code of the State of
California, and Section 13 of Article IlI of the Bylaws of this corporation, which authorize the taking of
action by the Board of Directors by unanimous written consent without a meeting.
Dated as of:
Gary S. CGson
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CARLSBAD TRACT NUMBER CT 98-05 TO
SUBDIVIDE 33.4 ACRES INTO 30 LOTS ON PROPERTY
GENERALLY LOCATED AT THE NORTHEAST CORNER OF
THE INTERSECTION OF BLACK RAIL ROAD AND FUTURE
POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT
ZONE 20
CASE NAME: DE JONG RESIDENTIAL PROJECT
CASE NO.: CT 98-05
WHEREAS, Arie De Jong, Jr. Family Trust, “Developer”, has filed a
verified application with the city of Carlsbad regarding property owned by Arie De Jong, Jr.
Family Trust, “Owner”, described as
Being that portion of Lot 2 of Section 22, Township 12 South,
Range 4 West, San Bernardino Base and Meridian, in the City
of Carlsbad, County of San Diego, State of California
according to the offrcial plat thereof
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Tentative Trac
Map as shown on Exhibit(s) “A”- “X” dated March 17, 1999, on file in the Planning
Department DE JONG RESIDENTIAL PROJECT - CT 98-05, as provided by Title 20 of thc
Carlsbad Municipal Code; and
=&AS, the Planning Commission did, on the 17th day ‘of March 1999 anc
on the 7th day of April 1999 hold a duly noticed public hearing as prescribed by law to conside
said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimon!
and arguments, if any, of persons desiring to be heard, said Commission considered all factor!
relating to the Tentative Tract Map.
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NOW, THEREFORE, BE IT HEREBY RESOLVED b\* the pl;iI111111:,
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing. the Commissior
COMMENDS APPROVLof DE JONG RESIDENTIAL PROJECT. C’I
98-05, based on the following findings and subject to the following conditions:
Findines:
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2.
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5.
6.
That the proposed map and the proposed design and, improvement of the subdivision as
condition, is consistent with and satisfies all requirements of the General Plan, an)
applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the Stat€
Subdivision Map Act, and will not cause serious public health problems, in that the lot!
being created satisfy all minimum requirements of Title 20 governing.lot sizes ana
configuration and have been designed to comply with all other applicable Cih
regulations except for the maximum panhandle length for Lots 27 and 28 for whicb
a variance is concurrently recommended for approval.
That the proposed project is compatible with the surrounding fbtyre land uses sincc
surrounding properties to the south -and west are designated for single famil!
residential development on the General Plan, in that. they are designated as RLM
(Low-Medium Density Residential). Property to the north contains native habitat.
The adjacent property to the east will be developed as a City park and is designated
as OS. The open.space on-site provides an adequate buffer from the park site.
That the site is physically suitable for the type and density of the development since thc
site is adequate in size and shape to accommodate residential development at the den$
proposed, in that the project site can accommodate the proposed residential ’
development while providing all required setbacks and other amenities required bj
the applicable City regulations.
That the design of the subdivision or the type of improvements will not conflict wit1
easements of record or easements established by court judgment, or acquired by thr
public at large, for access through or use of property within the proposed subdivision, ir
that prior to recordation of the final map the developer will vacate and adjust anJ
easements that conflict with proposed development.
That the property is not subject to a contract entered into pursuant to the Lanc
Conservation Act of 1965 (Williamson Act). .
That the dedgn of the subdivision provides, to the extent feasible, for future passive o
natural heating or cooling opportunities in the subdivision, in that the proposet
development will consist of single family residences with adequate separation tc
provide residents with adequate air circulation within and surrounding any futurt
residential units.
PC RES0 NO. 4506 -2-
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That the Planning Commission has considered. in connection with the housinc ProposcJ
by this subdivision, the housing needs of the region, and balanced those housin, ‘1 needs
against the public service needs of the City and available fiscal and environmcn~d
resources.
That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that the project is conditioned to include biological mitigation measures
addressing the preservation of the resources on the site prior to approval of a final
map.
That the discharge of waste fiom the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that the project has
been designed in accordance with the Best Management practices for water qualie
protection in accordance with the City’s sewer and drainage standards and. .the
project is conditioned to comply with the National Pollution Discharge Elmination
System (NPDES) requirements.
The .Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan, based on the following:
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a.
b.
C.
d.
e.
f.
Land Use- The project is consistent with. the City’s General Plan since the
proposed density of 1.8 ddacre is within the density range of 0-4 ddacre
specified for the site a$ indicated on the Land Use Element of the General Plan,
and is at or below the growth control point of 3.2 ddacre.
Circulation - The circulation system is designed to provide adequate access to
the proposed lots and complies with all applicable City design standards.
Noise - The proposed residential project has been conditioned to include
construction methods and ventilation systems on designated units in order to
meet required interior noise levels at second story locations.
Housing - That the project is consistent with the Housing Element of the
General Plan and the Inclusionary Housing Ordinance as the Developer has
been conditioned to enter into an Affordable housing Agreement to purchase
4.2 affordable housing credits in Villa Lorna.
Open Space and ConsAation - The proposed project will provide 23.18 acres
of open space within- two open . space lots to preserve areas containing
sensitive habitat. The project will also provide a 20 foot trail easement and
construction of a portion of Trail Segment No. 30.
Public Safety - The project includes fire suppression zones to reduce the
potential for structures to be lost as a result of a fire within open space Lot
29.
PC RES0 NO. 4506 -3-
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The project has been conditioned to ensure that the final map will not be approved
unless the City Council finds that sewer service is available to serve the project.
In addition, the project is conditioned such that a note shall be placed on the final
map that building permits may not be issued for the project unless the District
Engineer determines that sewer service is available, and building cannot occur
within the project unless ,sewer service remains available, and the District
Engineer is satisfied that the requirements of the Public Facilities Element of the
General Plan have been met insofar as they apply to sewer service for this project.
The project has. been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
Park-in-lieu fees are required as a condition of approval.
All necessary .public improvements have been provided or are required as
conditions of approval.
The developer has agreed and is required by the inclusion of an appropriate
condition to pay a public facilities fee. Performance of that contract and payment
of the fee will enable this body to find that public facilities will be available
concurrent with need as required by the General Plan.
The project. has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by. a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 20.
That the property cannot be served adequately with a public street without panhandle lots
due to unfavorable conditions resulting from unusual topography, surrounding land
development, or lot configuration, in that the areas immediately surrounding the
proposed -panhandle lots contain sensitive habitat and significant fill would also be
required based on the existing topography., The use of panhandle lots to provide
access to this developable area is the most environmentally sensitive way of
providing access.
That subdivision with panhandle lots will not preclude or adversely affect the ability to
provide 111 public street access to other properties within the same block of the subject
property, in that access will not be precluded to. adjacent properties as they either
currently have access or are steep slopes containing sensitive vegetation and will not
be developed.
PC RES0 NO. 4506 -4-
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That the buildable portion of the lot consists of an area. of 8,000 square feet. \vhich
meets the requirements of Section 2 1.10.080(d)( 1) of the Carlsbad Municipal Code:
That the fiont, sides, and rear property lines, for purposes of determining required yards.
are as shown on Exhibit "Y" labeled De Jong Property Panhandle Lot Setback
Exhibit, attached hereto and on file in the Planning Department.
That this project could have a potentially significant negative cumulative traffic impact
on the Palomar Airport Road/El Camino Real intersection. However, this project has
been conditioned to pay its fair share of the ''short-term improvements" thereby,
guaranteeing implementation of a mitigation measure that reduces the potential impact to
a level of insignificance.
Planning Condrtlons:
1. Staff is authorized and directed to make, or require Developer to make, all corrections
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and modifications to the Tentative Tract Map document(s) necessary to make them
internally consistent and in conformity with final action on the project. Development
shall occur substantially as shownb the approved Exhibits. Any proposed development
different fiom this approval, shall require an amendment to this approval.
2. The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effkct at the time of building pexmit issuance.
3 The DevelopedOperator shall and,does hereby agree to indemnifl; protect, defend and
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney's fees incurred by the City arising, directly
or indirectly, from (a) City's approval and issuance of this Conditional Use' Permit, (b)
City's approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator's installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising fiom the emission by the
faciiity of electromagnetic fields or other energy waves or emissions.
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4. The Developer shall provide the City with a reproducible 24" x 36", mylar copy of the
Tentative Map as approved by the final decision making body. The Tentative Map
shall reflect the conditions of approval by the City. The Map copy shall be submitted tc
the City Engineer and approved prior to building, grading, final map, or improvemenl
plan submittal, whichever occurs first.
5. The Developer shall include, as part of the plans submitted for any permit plan check, 2
reduced legible version of the approving (resolution(s)) on a 24" x 36" blueline drawing
Said blueline drawing@) shall also include a copy of any applicable Coasta1,Developmen
Permit and signed approved site plan.
PC RES0 NO. 4506 -5-
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Faellltles an d Services .. .
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The final map shall not be approved unless the City Council finds as of the time of such
approval that sewer service is available to serve the subdivision.
Building permits will not be issued for development of the subject property unless the
District Engineer determines that sewer facilities are available at the time of application
for such sewer permits and will continue to be available until time of occupancy. A note
to this effect shall be placed on the final map.
The Developer shall pay the public facilities fee adopted by the City Council on July 28.
.1987, (amended July 2, 1991) and as amended from time to time, and any development
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal
Code or other ordinance adopted to implement a growth management system or Facilities
and Improvement Plan and to fblfill the developer’dsubdivider’s agreement to pay the
public facilities fee dated February 11, 1998, a copy of which is on file with the City
Clerk and is incorporated by this reference. If the fees are not paid, this application will
not be consistent with the General Plan and approval for this project will be void.
Prior to the issuance of a building permit, the developer shall provide proof to the
Director from the Carlsbad Unified School District that this project has satisfied its
obligation to provide school facilities.
The developer shall post a sign in the sales office in a prominent location that discloses
which special districts and school district provide service to the project. Said sign shall
remain posted until ALL of the units are sold.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 20 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits..
General Condltlons ..
12. If any condition for construction of any public improvements or facilities, or the payment
ofany fees in-lieu thereof, imposed by this approval or imposed by law on this residential
housing project are challenged this .approval shall be suspended as provided in
Government Code Section 66020. If any such condition is determined to be invalid this
approval shall be invalid unless the City Council determines that the project without the
condition complies with all requirements of law. ‘
13. Approval of CT 98-05 is granted subject to the approval of ZC 98-02, LCPA 98-01,
HDP 98-03, CDP 98-26, V 98-04 and the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program. CT 98-05 is subject to all conditions
contained in the Planning Commission Resolutions for ZC 98-02, LCPA 98-01, HDP
98-03, CDP 98-26, V 98-04 and the Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program.
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14. The Developer shall establish a homeowner‘s association and correspondin, ‘9 co~enms.
conditions and restrictions. Said CC&Rs shall be submitted to and approved by rht
Planning Director prior to final map approval. Prior to issuance of a building pernlit the
Developer shall provide the Planning Department with a recorded copy of the official
CC&Rs that have been approved by the Department of Real Estate and the Planninp
Director. At a minimum_ the CC&Rs shall contain the following provisions:
a.. ~Q. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in
favor of, or in which the City has an interest.
.. .. b. n. In the
event that the Association fails to maintain the “Common Area Lots and/or the
Association’s Easements” as provided in Article , Section
the City shall. have the right, but not the duty, to perform the necessary
maintenance. If the City elects to perform such maintenance, the City shall give
written notice to the Association, with a copy thereof to the Owners in the Project.
setting forth with particularity the maintenance which the City finds to be required
and requesting the same be carried out by the Association within a period of thirty
(30) days hm the giving of such notice. In the event that the Association fails to
carry out such maintenance of the Common Area Lots and/or Association’s
Easements within the period specified by the City’s notice, the City shall be
entitled to- . cause such work to be completed and shall be entitled to
reimbursement with respect thereto from the Owners as provided herein. .
C. levied bv the Ch. .In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association’s
Easements, the City shall submit a written invoice to the Association for all costs
incurred by the City to perform such maintenance of the Common Area Lots and
or Association’s Easements. The City shall provide a copy of such invoice to
each Owner in the Project, togethei with a statement that if the Association fails to
pay such invoice in full within the time specified, the City will pursue collection
against the Owners in the Project pursuant to the provisions of this Section. Said
invoice shall be due and payable by the Association within twenty (20) days of
receipt by the Association. If the Association shall fail to pay ‘such invoice in full
within the period specified, payment shall be deemed .delinquent and shall be
subject to a late charge in an mount equal to six percent (6%) of the amount of
the invoice. Thereafter the City may pursue collection hm the Association by
means of any remedies available at law or in equity. Without limiting the
generality of the foregoing, in addition to all other rights and remedies available
to the City, the City may levy a special assessment against the Owners of each Lot
in the Project for an equal prorata share of the invoice, plus the late charge. Such
special assessment shall constitute a charge on the land and shall be a continuing
lien upon each Lot against which the special assessment is levied. Each Owner in
the.Project hereby vests the City with the right and. power to levy such special
assessment, to impose a lien upon their respective Lot and to bring all legal
actions and/or to pursue lien foreclosure procedures against any Owner and
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hisher respective Lot for purposes- of collecting such special aSSeSSnlen1 in'
accordance with the procedures set forth in Article of this Declaration.
d. The required items listed in the Mitigation Monitoring and Reporting Program for
the project.
Prior to the approval of the final map,. Developer shall submit to the City a Notice of
Restriction to be filed in the office of the County Recorder, subject to the satisfaction of
the Planning Director, notifying all interested parties and successors in interest that the
City of Carlsbad has issued a Tentative Tract Map, Hillside Development Permit.
Coastal Development Permit, and Variance by Resolutions No. 4506,4507,4508 and
4509 on the real property owned by the Developer. Said Notice of Restriction shall note
the property description, location of the file containing complete project details and all
conditions of approval as well as any conditions or restrictions specified for inclusion in
the Notice of Restriction. 'The Planning Director has the authority to execute and record
an amendment to the notice which modifies or terminates said notice upon a showing of
good cause by the Developer or successor in interest.
This approval shall be null and void if the project site subject to this approval is not
annexed to City of Carlsbad CFD No.. 1 within 60 days of the approval. The City shall
not issue any grading, building, or other pennit, until the annexation is completed. The
City Manager is authorized to extend the 60 days, for a period not to exceed an
additional 180 days for a total of 240 days from the date of City Council approval,
upon a showing of good cause.
The Developer shall provide a minimum. of 25 percent of the lots with adequate sideyard
area for Recreational Vehicle storage pursuant to City Standards. The CC&Rs shall
prohibit the storage of recreational vehicles in the required fiont yard setback.
LandscaDe
18. The Developer shall prepare a detailed landscape and irrigation plan in conformance with
the approved Preliminary Landscape Plan and the City"s Landscape Manual. The plans
shall be submitted to and approval obtained fiom the Planning Director prior to- the
approval of the final map, grading permit, or building permit, whichever occurs first. The
Developer shall construct and install all landscaping as shown on the approved plans, ani
maintain all landscaping in a'healthy and thriving condition, free from weeds, trash, anc
debris.
19. The first submittal of detailed landscape and irrigation plans shall be accompanied by thc
project's building, improvement, and grading plans.
20. Prior to approval of the final map, the Developer shall be required: 1) to consult with thc
United States Fish and Wildlife Service (USFWS) regarding the impact of the project 01
the Coastal California Gnatcatcher; and, 2) obtain any pennits required by the'USWFS.
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The Developer shall implement, or cause the implementation of. the Dejong Residential
Project Mitigation Monitoring and Reporting Program.
Prior to the approval of the final map for any phase of this project. the Developer sh~ll
enter into an Affordable Housing Agreement with the City to purchase 4.2 affordable
housing credits in the Villa Lorna housing project, in accordance with the
requirements and process set forth in Chapter 21 -85 of the Carlsbad Municipal Code. The
draft Affordable Housing Agreement shall be submitted to the Planning Director no later
than 90 days after the California Coastal Commission action on the. project. The
recorded Affordable Housing Agreement shall be binding on all future owners and
successors in interest.
The Developer shall dedicate on the final map, an open space easement for those portions
of lots 29 and 30 which are (in slopes, wetlands, coastal sage scrub or other constrained
land plus all other lands set aside as part of the Citywide Open Space System) in their
entirety to prohibit any encroachment or development, including but not limited to
fences, walls, decks, storage buildings, pools, spas, stairways and landscaping other than
that approved as part of (the grading plan, improvement plans, biological revegetation
program, landscape plan, etc.) as shown on Exhibit ccAn-ccXn, dated March 17,1999.
Removal of native vegetation and development of‘ Open Space Lot@) 29 and 30,
including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways
and landscaping, other than that approved as part of (the grading plan, improvement
plans, biological revegetation program, landscape plan,’ etc.) as shown on Exhibit “A”-
“Xn, dated March 17,1999, is specifically prohibited, except upon written order of the
Carlsbad Fire Department for fire prevention purposes, or upon written approval of the
Planning Director, and (California Coastal Commission if in Coastal Zone), based upon a
request fkom the Homeowners Association accompanied by a report from a qualified
arboristhotankt indicating the need to remove specified trees and/or plants because of
disease or impending danger to adjacent habitable dwelling units. For areas containing
native vegetation the report required to accompany the request shall be prepared by a
qualified biologist. ’
Prior to approval of the final map, the Developer shall provide an irrevocable offer of
dedication ’ to the City of Carlsbad for a trail easement for trail(s) shown on the (Le.
mtive m) within Open Space Lot(s) 30. If the City of Carlsbad accepts dedication
of the trail easement, the trail shall be constructed a public trail and will be the
maintenance and liability responsibility of the City of Carlsbad. If the City of Carlsbad
does not accept dedication of the trail easement, the.trai1 shall still be constructed but it
shall be constructed as a privute trail and shall be the maintenance and liability
responsibility of the Homeowners Association.
The Developer shall pay his fair share for the “short-term improvements to the El
Camino RealPalomar Airport Road intersection prior to approval of the final map
or the issuance of a grading permit, whichever occurs first. The amount shall be
determined by the methodology ultimately selected by Council, including but not
limited to, an increase in the city-wide traffk impact fee; an increased or new Zone
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NOTE: Unless specifically Stated in the condition, all of the following engineerins
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conditions upon the approval of this proposed major subdivision must be mer
prior to approval of a final map.
Prior to issuance of any building pennit, the developer shall comply with the
requirements of the city's anti-grafriti program for wall treatments if and when such a
program is formerly established by the City.
There shall be one final subdivision map recorded for-this project.
All concrete terrace drains shall be htained by the homeowner's association (if or
commonly owned property) or the individual property owner (if on an individual11
owned lot). An appropriately worded statement clearly identijing the responsibilitj
shall be placed in the CC&Rs (if maintained by the Association) and on the Final Map.
The developer shall defend, indemnify and hold harmless the City and its agents, oficers,
and employees hm any claim, action or proceeding against the City or its agents,
officers, or employees to attack, set aside, void or 'null an approval. of the City, the
Planning Commission or City Engineer 'which has been brought against the City within
the time period provided for by Section 66499.37 of the Subdivision Map Act.
prior to hauling dirt or construction materials to or fiom any proposed construction site
within this project, the developer shall submit to and receive approval from the City
Engineer for the proposed haul route. The developer shall comply with all conditions and
requirements the City Engineer may impose with regards to the hauling operation.
The developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards and shall record the following statement on the Final Mar
(and in the CC&Rs if applicable).
"No structure, fence, wall, tree, shrub, sign, or other object over 30 inches abovc
the street level may be placed or permitted to encroach within the area identified
as a sight distance corridor in accordance with City Standard Public Street-Desigr
Criteria, Section 8.B.3. The underlying property owner shall maintain this
condition."
Fees/Aereements
33. The developer shall pay all current fees and deposits required.
34. The owner of the subject property shall execute an agreement holding the City haxmles!
regarding drainage across the adjacent property.
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The owner shall execute a hold harmless agreement for geologic failure.
Prior to approval of any grading or building permits for this project. the owner shall gi\.s
written consent to the annexation of the area shown within the boundaries of the
subdivision plan into the existing City of Carlsbad Street Lighting and Landscaping
District No. 1 on a form provided by the City.
This project is within the proposed boundary of the Aviara Parkway - Poinsettia Lane
Bridge and Thoroughfare Fee District #2. This project is required to pay a fair share
contribution towards the construction of Aviara Parkway - Poinsettia Lane in
accordance with the fee program.
38. The developer may enter into a reimbursement agreement with the City for right of
way dedication and for required improvements to Poinsettia Lane as identified in
the Aviara Parkway - Poinsettia Lane Bridge And Thoroughfare District Number 2.
If the agreement is entered into, it must be approved prior to dedication of right of
way and prior to the beginning of construction.
Gradine
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Based upon a review of the proposed grading and the grading quantities shown on the
tentative map, a grading permit for'this project is required. The preliminary soils report
has identified debris, old cars and trash to be removed and disposed of offsite. The
grading plans for this project shall reflect the areas of removal and shall conform to
the recommendations contained in the Preliminary Geotechnical Investigation dated
January 12,1998.
Prior to the issuance of a grading permit or building permit, whichever occurs first, the
developer shall submit proof that a Notice of 'Intention has been submitted to the State
Water Resources Control Board.
Upon completion of grading, the developer shall ensure that an "as-graded" geologic plan
is submitted to the City Engineer. The plan shall clearly show all the geology as exposed
by the gdmg operation, all geologic corrective measures as actually constructed and
must be based on a contour map which represents both the pre and post site grading. This
plan shall be signed by both the soils engineer and the engineering geologist. The plan
shall be prepared on a 24" x 36" mylar or similar drafting film and shall become a
permanent record.
rovemenb
42. ' Additional drainage easements may be required. Drainage structures shall be provided or
installed prior to or concurrent with any grading or building permit as may be required by
the City Engineer.
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The owner shall make an offer of dedication to the City for all public streets and
easements required by these conditions or shown on the tentative map. The offer shall bc
made by a certificate on the final map for this project. All land so offered shall be granted
to the City he and. clear 'of all liens and encumbrances and without cost to the City.
Streets that are already public are not required to be rededicated.
The full width of Poinsettia Lane shall be dedicated by the owner along the project
frontage based on a center line to right-of-way width of 51' feet and in conformance with
City of Carlsbad Standards.
Black Rail Road shall be dedicated by the owner along the project frontage based on a
center line to right-of-way width of 30' feet and in conformance with City of Carlsbad standards.
Direct access rights for all lots abutting Poinsettia Lane shall be waived on the final map.
The only exception to this condition is the access to SDG&E facilities and to any
public trail system.
Direct access rights for lots 1 and 20 to Black Rail Road shall be waived on the final
map.
The developer shall comply with the City's requirements of the. National Pollutant
Discharge Elimination System (NPDES) pexmit. The developer shall provide best
management practices as referenced in the "California Storm Water Best Management
Practices Handbook" to reduce surface pollutants to an acceptable level prior to discharge
to sensitive areas. Plans for such improvements shall be approved by the City Engineer.
Said plans shall include but not be limited to notifjllng prospective owners and tenants of
the following:
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly. dispose of toxic and
hazardous waste products.
. B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifkeze, solvents, paints, paint thinners, wood preservatives, and other
such fluids shall not be discharged into any street, public or private, or into
stom drain or stom water conveyance systems. Use and disposal of
pesticides, fungicides, herbicides, insecticides, fertilizers and other such
chemical treatments shall meet Federal, State, County and City
requirements as prescribed in their respective containers.
C. Best Management Practices shall be used to eliminate or reduce surface
pollutants when planning any changes to the landscaping and surface
improvements.
:Plans,. specifications, and supporting documents for all public improvements shall be
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prepared to the satisfaction of the City Engineer. In accordance with City Standards. thc
developer shall install, or agee to install and secure with appropriate security as provided
by law, improvements shown on the tentative map and the following improvements:
ON-SITE IMPROVEMENTS;
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Poinsettia Lane full half width improvements (as a 102’ major arterial)
within the boundary of this subdivision. Improvements to include but not be
limited to full width grading and drainage improvements, A.C. paving 6:
base, curb, gutter & sidewalk, public utilities, median hardscape, irrigation.
and landscaping within this arterial roadway.
Black Rail Road full half width improvements (as a 60’ local street) along the
frontage of this project. Improvements include but are not limited to grading.
curb, gutter & sidewalk, A.C. paving & base, irrigation, landscaping and
public utilities within this roadway.
Sewer, Water and Storm Drains onsite and offsite to 5erve this subdivision as
required and as shown on the tentative map.
Check Dams downstream of drainage outlets across open space lot 29 as
shown on the tentative map and as required downstream to control erosive
velocity of drainage. Location and design of. these check dams to be
determined in final design of this project, subject to the approval of the City
Engineer.
OFT-SITE IMPROVEmNTS;
E. The fully improved median portion of Poinsettia Lane, a 102’ wide major
arterial plus an 18 foot wide lane. The offsite improvement of Poinsettia Lane
shall include but not be limited to full width grading, transitions, AC berms,
drainage facilities, and median curbs as identified in the Aviara Parkway -
Poinsettia Lane Bridge and Thoroughfare District Number 2.
F. Offsite transitions and/or reconstruction may be required for Black Rail
Road and for Poinsettia Lane to provide a smooth transition to the
satisfaction of the City Engineer. ..
A list of the above improvements shall be placed on an additional map sheet on the final
map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements
listed above shall be constructed within 18 months of approval of the secured
improvement agreement or such other time as provided in said agreement.
50. . Drainage outfall end treatments for any drainage outlets where a direct access road for
maintenance purposes is not provided, shall be designed and incorporated into the
grading/improvement plans for the project. These end treatments shall be designed so as to
prevent vegetation growth from obstructing the pipe outfall all to the satisfaction of the City
Engineer.
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5 1. Note(s) to the following effect@) shall be placed on the final map as non-mappin; dm:
78.C.2.The owner of this property on behalf of itself and all of its successors in
interest has agreed to hold hannless and indemni@ the City of Carlsbad
fkom any action that may arise through any geological failure, ground
water seepage or land subsidence and subsequent damage that may occur
on, or adjacent to, this subdivision due to its construction, operation or
maintenance..
78.C.l.Slopes steeper than two parts horizontal to one part vertical exist within
the boundaries of this subdivision.
78.C.2.The owner ‘of this property on behalf of itself and all of its successors in
interest has agreed to hold hannless and indemnify the City of Carlsbad
from any action that may arise through any Joint Access and Utility and
any subsequent damage that may occur on, or adjacent to, the
panhandldflag-lot design for lots 27 & 28 of this subdivision due to its
construction, operation or maintenance.
78.D.
ai Mart Notes
No structure, fence, wall, tree, shrub, sign, or other object over 30 inches
above the street level may be placed or permitted to encroach within the
area identified as a sight distance comdor in accordance with City
Standard Public Street-Design Criteria, Section 8.B.3. The underlying
property owner shall maintain this condition.
52.
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The Developer shall’ provide the following note on the final map of the subdivision and
final mylar of this development submitted to the City:
“Chapter 21.90 of .the Carlsbad Municipal Code established a Growth Management
Control Point for each General Plan land use designation. Development cannot exceed
the Growth Control Point except as provided by Chapter 21.90. The land use designation
for this development is RLM, 3.2 dwelling units per non-constrained acre.
Parcels 1 through 30 were used to calculate the intensity of development under the
General Plan and Chapter 21.90. Subsequent redevelopment or resubdivision of any one
of these parcels must also include parcels 1 through 30 under the General Plan and
Chapter 21.90 of the Carlsbad Municipal Code.’”
The following note shall be placed on the Final Map: “Prior to issuance of a building
permit for any buildable lot within the subdivision, the Developer shall pay a one-time
special development tax in accordance with the City Council Resolution No. 91-39.”
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Approval of this request shall not excuse compliance with all applicable sections oi rhc
Zoning Ordinance and all other applicable City ordinances in effect at time of buildins
permit issuance, except as otherwise specifically provided herein.
The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the .State Building Code.
The Developer shall submit a street name list consistent with the City’s street name
policy subject to the Planning Director’s approval prior to final map approval.
All landscape and irrigation plans shall be prepared to conform with the Landscape
Manual and submitted per the landscape plan check procedures on file in the Planning
Department.
Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and shall require review and approva€ of the Planning
Director prior to installation of such signs.
59. Structures on lots 27 and 28 shall be constructed in conformance with Section 504 of the
1997 edition of the Urban Wildland Interface Code.
Water Con- ..
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The Developer shall be responsible for all fees, deposits and charges which will be
collected before andor at the time of issuance of the building permit. The Sm Diego
County Water Authority capacity charge will be collected at issuance of application for
any meter installation.
The Developer shall provide detailed information to the District Engineer regarding water
demand, irrigation demand, fire flow demand in gallons per minute, and projected sewer
flow in million gallons per day.
The entire potable water system, recycled water system and sewer system shall. be
evaluated in detail by Developer and District Engineer to insure that adequate capacity,
pressure and flow demands can be met.
All District pipelines, pump stations, pressure reducing stations and appurtenances
required for this project by the District shall be within public right-of-way or within
easements granted to the District or the City of Cirlsbad.
Sequentially, the Developer’s Engineer shall do the following:
A. Meetwith the City Fire Marshal and estabIish the fire protection requirements.
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B. Prepare and submit a colored recycled water use area map and submit this map 10 the.
Planning Department for processing and approval by the District Engineer.
C. Prior to the preparation of sewer, water and recycled water improirement plans. the
Developer shall submit preliminary system layouts to the District Engineer for
review, comment and approval.
The following note shall be placed on the final map. “This project is approved upon the
expressed condition that building permits will not be issued for development of the
subject property unless the District serving the development has adequate water and
sewer capacity available at the time development is to occur, and that such water and
sewer capacity will continue to be available until time of occupancy.
All potable water and recycled water meters shall be placed within public right of way..
The following items shall apply if checked:
No more than 19 homes shall be served on a single potable water distribution pipeline.
For those locations with more than 19 homes, a looped potable water pipeline system
shall be designed. -1
The Developer will be responsible for construction of all sewer mains as necessary for the
service of this project. Construction of the sewer main within Poinsettia Lane will
include connection to the existing sewer in Poinsettia Lane at the western boundary of
Aviary Planning Area m.
The Developer will be responsible for the construction of approximately 1800 lineal feet
of 18” PVC recycled water main, approximately 1800 lineal feet of 12” PVC potable
water main and approximately 1800 lineal feet of 30” welded steel potable water main
along Poinsettia Lane fiom Black Rail Road to the boundary of Aviara Planning Area 111.
The Developer’s Engineer will show the recycled water main and the potable mains on
the Poinsettia Lane Improvement Plans. The Developer will be reimbursed for the cost of
construction of the recycled water main and the potable water mains as described above
in accordance with terms of a signed reimbursement agreement between the Carlsbad
Municipal Water District and the Developer.
General:
70. If any of the .foregoing conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvais herein granted; deny or further condition issuance of all
future building pennits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions .or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Tentative Tract Map.
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75.
The tentative map approval shall expire twentyfour (24) months fiom the dm of
Planning Commission document approving this subdivision.
The developer shall exercise special’ care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance
with the Carlsbad Municipal Code and the City Engineer.
Some improvements shown on the tentative map andor required by these conditions are
located offsite on property which neither the City nor the owner has sufficient title or
interest to permit the improvements to be made without acquisition of title or interest.
The developer shall conform to Section 20.16.095 of the Carlsbad Municipal Code.
The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final
map as required by Chapter 20.44 of the Carlsbad Municipal Code.
The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
.NOTICE
Please take NOTICE that approval of your. project includes the. “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively refenred to for convenience as
“feedexactions.”
You have 90 days fkm date of final approval to protest imposition of these feedexactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack; review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any feedexactions of which you have previously been given
a NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
...
...
PC RES0 NO. 4506 -1 7-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Plannmg
Commission' of the City of Carlsbad, California, held on the 7th day of April 1999. h\. thc
. following vote, to wit: '
.. ....
AYES: Chairperson Heineman, Commissioners Compas, L'Heureus.
Savary, and Segall
'NOES:
ABSENT: Commissioners Nielsen and Welshons
ABSTAIN:
"- COURTNEY E. HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4506 -1 8-
RECORDING REQUESTED By:
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008
MAIL TAX EXEMPT STATEMENTS TO:
EXEMPT I SPACE ABOVE THIS LINE FOR RECORDER'S USE
The undersigned grantor(s) declare(s): Assessor's Parcel No.: 21 5-080-01
Documentary transfer tax is $m Project No. & Name: 3673
( 1 computed 6rr full value of property conveyed, or Poinsega Lane, Rlackrail Road to Zone
( ) computed on full value less value of liens and 19
encumbrances remaining at time of sale. '
( ) Unincorporated area: (x) Ci of Carlsbad, and
GRANT DEED OF EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, '
Arie de Jong Jr. and Anna P. de Jong, Trustees of the Arie de Jong Jr. Family Trust
hereby GRANTS to
City of Carlsbad, a Municipal Corporation
the following described real property in the City of Carlsbad, County of San Oigo, State of California: an easement for SLOPE, TEMPORARY CONSTRUCTION, PUBLIC STREET AND DFWNAGE PU,RPOSES over, under, upon and across said real property as described in Exhibit *A" consisting of four (4) pages, attached hereto and made a part hereof. Exhibit 'B" consisting of three (3) pages is attached for clarity only.
STATE OF CALIFORNIA 1
COUNTY OF SAN DlEGO 1 i
The Arie de Jong, Jr. my Trus
(Name of Company)J
On
(here insert name and title of the officer), personally appeared Art6 CkJQWJ 4 kVrL d",.'"^rs Tile: personally known to me (-f (Type or Print) s-to be the person@) whose name@) &/@subscribed to the within instrument and acknowledged to me that htrfshemxecuted the same in hisfher- authorized capacity(ies), and that by hi"mignature(s) on the instrument the person(s), or the entity upon behalf Name: Anna p. de Jong, Trustee
of which the person@) acted, executed the Instrument. (Type or Print)
- ma I. before me, Name: Arie de Jmg, Trustee
I _ova m . - (Type or Print)
WITNESS my hqnd and official seal.,
Signature: ma Title:
(Type or Print) .
c
EXHIBIT "A".
LEGAL DESCRIPTION
A.P.N. 215480-01
PROJECT NO. 3673
PARCEL 1 (POINSETTIA LANE)
THE SOUTHERLY 51 .OO FEET OF PARCEL "C" OF CERTIFICATE'OF COMPLIANCE
RECORDED MARCH 3.1997, DOC. NO. 199741 06632 OF OFFICIAL RECORDS; SAID
LAND BEING A PORTION OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN
BERNARDINO BASE AND MERIDIAN IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, EXCEPTING THEREFROM THAT PORTION OF SAID
SOUTHERLY 51.00 FEET LYING WITHIN BLACK RAIL ROAD AS SHOWN AND DESCRIBED
IN DEED RECORDED DECEMBER 26,1997 AS FILE NO. 1997-0658902 OF OFFICIAL
RECORDS OF SAID SAN DIEGO COUNTY.
TOGETHER WITH THAT PORTION OF SAID PARCEL 'c' LYING BETWEEN THE
NORTHERLY SIDELINE OF THE HEREIN DESCRIBED PARCEL 1, AND THE EASTERLY
'SIDELINE OF SAID BLACK RAIL ROAD AND THE ARC OF A 25.00 FOOT RADIUS CURVE,
CONCAVE NORTHEASTERLY, SAID CURVE BEING TANGENT TO EACH OF THE LAST
TWO MENTIONED LINES.
PARCEL 2 (DRAINAGE EASEMENT)
THAT PORTION OF PARCEL "C" OF CERTIFICATE OF .COMPLIANCE RECORDED MARCH
3, 1997, DOC. NO. 1997-0106632 OF OFFICIAL RECORDS, SAID LAND BEING A PORTION
OF SECTION 22, TOWNSHIP.12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND
. MERIDIAN IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
* BEING A 30.00 FOOT WIDE STRIP OF LAND LYING 15.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED LINE:
COMMENCING AT THE SOUTHEAST CORNER OF PARCEL "C" OF CERTIFICATE OF
COMPLIANCE RECORDED MARCH 3,1997, DOC. NO. 1997-0106632 OF OFFICIAL
RECORDS; THENCE ALONG THE EASTERLY LINE THEREOF, NORTH 01°21'12" WEST,
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..
51.12 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF THE HEREINABOVE
DESCRIBED PARCEL 1; THENCE ALONG SAID NORTHERLY LINE, .NORTH 87'29'27"
WEST, 465.35 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID '
NORTHERLY LINE NORTH 66'43'56" WEST, 188.96 FEET TO THE.POINT OF TERMINUS.
.. .. ..
THE SIDELINES OF SAID 30.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR
EXTENDED SO AS TO TERMINATE SOUTHEASTERLY IN THE NORTHERLY LINE OF THE
HEREINABOVE DESCRIBED PARCEL 1.
PARCEL 3 (DRAINAGE EASEMENT)
THAT PORTION OF PARCEL 'C" OF CERTIFICATE OF COMPLIANCE RECORDED MARCH
3, 1997, DOC. NO. 1997-0106632 OF OFFICIAL RECORDS, SAID LAND BEING A PORTION
OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND
MERIDIAN IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING A 15.00 FOOT WIDE STRIP OF LAND LYING 7.50 FEET ON EACH SIDE OF THE
..FOLLOWING DESCRIBED LINE:
COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 'C" OF CERTIFICATE OF
COMPLIANCE RECORDED MARCH 3,1997, DOC. NO. 1997-0106632 OF OFFICIAL
RECORDS; THENCE ALONG THE EASTERLY LINE THEREOF, NORTH 01°21'12" WEST,
51 -12 FEET TO A POINT ON THE NORTHERLY LINE OF THE HEREINABOVE DESCRIBED .
PARCEL 1; THENCE ALONG SAID NORTHERLY LINE, NORTH 87O29'27" WEST, 158.93
FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE,
NORTH 13O14'26" EAST, 101.51 FEET TO A POINT HERINAFTER REFERRED TO AS
POINT "A", SAID POINT ALSO BEING THE POINT OF TERMINUS.
THE SIDELINES OF SAID 15.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR
EXTENDED SO AS TO TERMINATE SOUTHWESTERLY IN SAID NORTHERLY LINE OF
THE HEREINABOVE DESCRIBED PARCEL 1.
PAGE 2 OF 4
:PV M:\232nOOl\Legal Descriptions\AOS OlA3.doc WO 2322-1 5/29/01
' PARCEL 4 (DRAINAGE EASEMENT)
THAT PORTION OF PARCEL .C" OF CERTIFICATE OF COMPLIANCE RECORDED MARCH
3,1997, DOC. NO. 1997-0106632 OF OFFICIAL RECORDS, SAID LAND BEING A PORTION
OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND
MERIDIAN IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, DESCR1BE.D AS FOLLOWS:
BEING A 30.00 FOOT WIDE STRIP OF LAND LYING 15.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED LINE:
COMMENCING AT THE HEREINABOVE DESCRIBED POINT "A"; THENCE NORTH
13°14'26" EAST, 30.00 FEET TO THE POINT OF TERMINUS.
PARCEL 5 (SLOPE EASEMENT)
THAT PORTION OF PARCEL 'C" OF CERTIFICATE OF COMPLIANCE RECORDED MARCH
3, 1997, DOC. NO. 1997-0106632 OF OFFICIAL RECORDS, SAID LAND BEING A PORTION
OF 'SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND
. MERIDIAN IN 1HE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF PARCEL "C" OF CERTIFICATE OF
COMPLIANCE RECORDED MARCH 3,1997, DOC. NO. 1997-0106632 OF OFFICIAL
RECORDS; THENCE ALONG THE EASTERLY LINE THEREOF, NORTH 01°21'12" WEST,
51.12 FEET TO A POINT ON THE NORTHERLY LINE OF THE HEREINABOVE DESCRIBED
PARCEL 1 AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY
LINE THE FOLLOWING; NORTH 87O29'27" WEST, 1285.10 FEETTO THE BEGINNING OF A
CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 25.00 FEET; THENCE
NORTHWESTERLY ALONG SAID NORTHERLY LINE AND THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 85'27'24", A DISTANCE OF 37.29 FEET TO A POINT
ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID BLACK RAIL ROAD; THENCE ALONG
SAID EASTERLY RIGHT-OF-WAY LINE, NORTH 0Z00203" WEST, 36.04 FEET; THENCE
LEAVING SAID EASTERLY RIGHT-OF-WAY LINE, SOUTH 89'19'00" EAST, 603.19 FEET;
THENCE NORTH 85O58'0W EAST, 206.98 FEET; THENCE NORTH 14O45'00" EAST, 94.12
PAGE 3 OF 4 :pV M:\2322\00l\Legal Descriptions\AOS OlA3.doc.
WO 2322-1 5129101
I
FEET; THENCE SOUTH 65'53'00" EAST, 172.45 FEET; THENCE SOUTH 86O52'00" EAST,
189.30 FEET; THENCE SOUTH 45O46'00" EAST, 179.84 FEET TO A POINT ON THE
EASTERLY LINE OF SAID PARCEL "C"; THENCE ALONG SAID EASTERLY LINE, SOUTH
01°21'12" EAST, 8.49 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 6 (TEMPORARY CONSTRUCTION EASEMENT)
THAT PORTION OF PARCEL "C" OF CERTIFICATE OF COMPLIANCE RECORDED MARCH
3, 1997, DOC. NO. 1997-0106632 OF OFFICIAL RECORDS, SAID LAND BEING A PORTION
OF SECTION 22, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND
MERIDIAN IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEING A 10 FOOT WIDE STRIP OF LAND,-THE NORTHERLY SIDELINE BEING PARALLEL
WITH AND 10.00 FEET NORTHERLY OF THE NORTHERLY LINE OF THE HEREINABOVE
.DESCRIBED PARCEL 5.
THE SIDELINES OF SAID 10.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR
EXTENDED SO AS TO TERMINATE EASTERLY IN THE EASTERY LINE OF SAID PARCEL
"C" AND WESTERLY IN THE EASTERLY RIGHT-OF-WAY LINE OF SAID BLACK RAIL
ROAD.
DANA MICHAEL SEGUIN L.S. 6215
. HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PAGE 4 OF 4
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..
I---"""""- " 1 """"" i
'I 1
I' I1 I!
"-
I
DR4WING IS A PORnON OF THE
SCnON 22. 712s. R4W. S.B.M.. PER
rwAp NO. 13429, i.e. N 89'57'43%
NORTHERLY LINE OF mcnohlAL
VICINITY MAP
No SCALE
HUNSAKER & ASSOCIATES
IAN DlfGO. INL
Nom:
LMTA SHOWN HEREON IS ME0 ON THE FOLLOWING RECORD OF SURE7 MAPS: 584. 4772, 4773, 5715, -6269. 10774, 12096. 13762 AND 14630. RECORD OF
SURMY MAP NO. 14608 SHOWS ALTERMITE LOCATIONS FOR PROPERN
LINES SHOWN HEREON AS TO THE LOCAnON OF PROPERTY OR OWNERSHIP
LINES.
LEGAL DESCRIPTION
PARCEL %" OF CERnflC4TE OF
COMPLMNCE RECORDED MARCH 11. 1997,
DOC. NO. 1997-0106632 OF OFFICML
RECORDS,. SAID PARCEL "C" LYlNG WITHIN SEC. 22, T. 12s.. R4W., S.B.M., IN THE CITY OF CARLSR4D. COUNTY OF SAM
DIEGO, STATE OF CALIFORNIA.
..
DEDICATlON PLAT - CrrY OF CARLSBAD
APPLICANT: PREPARED BY: I AP.N.:
ACRES
INDICMTES STREET DEDIOITION 1.534 : .A
0 0
II
.-
INDICATES DmIMGE GSEMENT
DEDICATION lm] INDICATES SLOPE CSSEMENT DEDlCAnON
lNDIC4ES TEMPORARY CONSTRUCTION CllSEMENT DEDICAl7ON Y N
.N HUNSAKER &ASSOCIATES IAN DIf CQ INC 0 100 200 300
PIANNNC wlm ~~emekaa SL kri~e 200
ENCWEERlNC SM f&gs G 9ZlZl SCALE 1” = 100’
mNsm uN& SUE CITY OF CAIZLSBAO DRAlEUGEh m- 215-080-01
2075 US PW DRIVE fi-bJ\ tmm?lqw asDtEuT
CAR-SAD, CA 92009-1576
(760) 438-1161 EXPIRES: 3/31 /02 PROJECT NO. 3673 EXHIBIT ”B”
HUNSAKER & ASSOCIATES
SAN DltCO, INC 100 0 100 200 300
Mrn Y109Hnnetsssr"o
Exhibit C
Estimate of
Reimbursable Expenses for Keystone Project, CT 98-05
incidental Items Subtotal $19,238.35
22 Overhead Allocation at 4.0% 1 LS $769.53 $769.53 100.0% $769.53
incidental Items Total $20,007.89
Total Reimbursable 5197,303.71