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HomeMy WebLinkAbout1974-12-17; City Council; 3242-1; Zone Change Tentative Map Leadership Housing Systems IncCITY-E' CARLSBA 0, C A L.I F~OG N 1 I h I.. 4 1 :y H &2 ** Agenda Bill No. 3242-Supplement 1 Dater December 17, 12 Referred To: Subject: - Submitted By: Zone Change (ZC-142) Tentative Map (CT 74-4) Applicant: Leadership Housing Systems, Inc. City Attornty, ., %L -3 ./ Statement of thc Hatter Th& City Council at your meeting of December 3, 1974, directed the Cit Attorney to prepare the necessary documents approving Zone Change (ZC- and Tentative Map (CT 74-4). The resolutions approving the zone chang and tentative map and the ordinance adopting the zone change are attac At the request of the City Engineer, conditions Nos. 16 and 19 of Planning Commission Resolution No. 1112 have been rewritten and combin as condition No. 16 in City Council Resolution No.-py-.;d:. The conditi contains the substance of the two previous conditions and includes the amendment made by the City Council at your meeting of December 3, 1974 -- ' Exhibit rl 1. Resolution No. kd3 "I 3 approving Zone Change (ZC-142). 2. Ordinance No. cli /" granting change of zone. 3. Resolution No..$;; - F/ d-. approving Tentative Map (CT 74-4). Staff Recommendations to City Manager If the Council desires to approve Zone Change (ZC-142) and grant the change of zone, your action is to adopt Resolution No. Jc 5 5- and intro duce Ordinance No. ?/+/? . If the Council desires to approve Tentative Map (CT 74-4), your action is to adopt Resolution No. YT?[.. c -Dessnber 17, 1974 *e D? Le: 0. I,f ” n:3 r!o, I_ 3242-Supplement --- 1 City Mz:nager’s ~ecoiii;;!e;~t?~:~.i_on .____I__ __ __ _II_ Concur with staff recommendation Council -&cL. L1 on 12-17-74 Resolution No. 3555, approving the zone change was adop Resolution No. 3556, approving the tentative map was ad1 Ordinance No. 9413, was introduced for a first reading. Ordinance #9413 was introduced for a second reading and 1-7-75 -2- 2( 21 2: 2: 24 2: 2c 27 2E 2s 3c 33 32 k 0 RESOLUTION NO. 3555 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCIMG FINDINGS AND DECISION REGARDING CHANGE OF ZONE (ZC-142) FROM R-1-10,000 TO R-1-7500 AND OPEN SPACE (0-S) TO ALLOW CONSTRUCTION OF 234 SINGLE-FAMILY HOMES ON 107 ACRES LOCATED SOUTHEAST OF EL CAMINO REAL AND ROUTE 78. APPLICANT: LEADERSHIP HOUSING SYSTEMS, INC. WHEREAS, on November 12, 1974, a duly advertised publAc hearing was held before the Planning Commission in the manner pre- scribed by law to consider a change of zone from R-1-10,000 to R-1-7500 on property described as follows: All that portion of Lot J, Rancho Agua Hedionda in the City of Carlsbad, County of San Diego, State of California, according to Map No. 823 on file in the office of the County Recorder, and further described as: Beginning at a point in the northwesterly boundary of saidRancho Agua Hedionda, said point being also the most northerly corner of record of Survey Map No. 5412 as filed in the office of said County Recorder: thence along the boundary of said Record of Survey No. 5412 South 58O03'52" East 710.00 feet to the TRUE POINT OF BEGINNING; thence continuing along said boundary the following courses: (1) South 58O03'52" East 3042.69 feet; (2) North 69O35'48" East 348.00 feet; (3) South 24O57'52" East 1805.21 feet; (4) North 89'49'02" West 2335.37 feet; (5) North 06'35'47" West 1980.41 feet; (6) North 58O17'19" West 1550.82 feet: thence leaving said boundary North 32°20'01" East 396.22 feet to the TRUE POINT OF BEGINNING; except the following described portions of said property which are rezoned from R-1-10,000 to Open Space (0-S): Open Space Lot 70 Beginning at the intersection of the Northerly line of said Lot J with the boundary of said Rancho Agua Hedionda as shown on said Record of Survey Map No. 5412; thence along the Northerly line of said Lot J South 58O03'52" East 2260.09 feet to the TRUE POINT OF BEGINNING; thence continuing South 58O03'52" East 800.00 feet: thence leaving said Northerly line South 31°56'08" West 125.00 feet; thence North 75°10'00" West 482.49 feet to the beginning of a tangent 270.00-foot radius curve concave Northeasterly; thence Westerly along said curve through a central angle of 45°40'00" an arc distance of 215.20 feet: thence tangent to said 1 2 3 4 5 6 7 8 9 10 11 12 13 m 14 a %- -I 8 15 as 8 16 OOZE m~ J 17 i, ?a G8d gEq 18 50 y 5 70,: ou 2z:g >$ 19 z uro 20 21 22 23 24 25 26 27 28 29 30 33. 32 >t u curve North 29'30'00" West 148.42 feet; thence North 31O56'08" East 175.00 feet to the TRUE POINT OF BEGINNING. Containing 4.00 acres. Open Space Lot 71 Beginning at the intersection of the Northerly line of said Lot J with the boundary of said Rancho Agua Hedionda as shown on said Record of Survey Map No. 5412; thence along the Northerly line of said Lot J South 58O03'52" East 710.00 feet to the TRUE POINT OF BEGINNING: thence continuing South 58'03'52" East 1100.09 feet; thence leaving said Northerly line South 18'00'00'~ West 403.39 feet to a point in the Southwesterly line of said Record of Survey Map No. 5412; thence along said South- westerly line North 58'17'19" West 1200.00 feet; thence leaving said Southwesterly line North 32'20'01" East 396.22 feet to the TRUE POINT OF BEGINNING. Containing 10.40 acres. Open Space Lot 72 Beginning at the most Easterly corner of said Record of Survey Map No. 5412; thence along the most Southerly line of said Record of Survey North 89'49'02" West 2335.37 feet to an angle point therein; thence along the Westerly line of said Record of Survey North 06'35'47'' West 1855.00 feet to the TRUE POINT OF BEGIN- NING: thence leaving said Westerly line South 50'00'00" East 75.00 feet; thence North 45'40'00'' East 162.50 feet; thence South 60°00'00" East 75.00 feet: thence South 19'00'00" West 116.50 feet; thence South 74°40'00" East 107.50 feet; thence South 07'20'00'' West 165.00 feet; thence South 12°20'00" East 200.00 feet; thence South 72'40'00" West 112.00 feet; thence South 56'50'00" West 67.00 feet; thence South 15°00'00" West 54.00 feet; thence South 06°30'00" East 105.00 feet; thence South 53'10'00" East 138.00 feet; thence South 74°00'00" West 182.58 feet to a point in said Westerly line of Record of Survey Map No. 5412; thence along said Westerly line North 06'35'47" West 834.85 feet to the TRUE POINT OF BEGINNING. Containing 3.74 acres. Open Space Lot 160 Beginning at the most Easterly corner of said Record of Survey Map No. 5412; thence along the Easterly line of said Record of Survey North 24O57'52" West 1805.21 feet to the TRUE POINT OF BEGINNING; thence along the North- erly line of said Record of Survey South 69O35'48" West 348.00 feet to a point in a nontangent 642.00-foot radius curve concave Southerly; thence leaving said Northerly line, Southeasterly along said curve through a central angle of 43'38'02" an arc distance of 488.92 feet to a point in said Easterly line of Record of Survey Map No. 5412; thence along said Easterly line North 24'57'52" West 300.00 feet to the TRUE POINT OF BEGINNING. Containing 0.86 acres. ... 2. Open Space Lot 239 Beginning at the most Easterly corner of said Record of Survey Map No. 5412; thence along the Southerly line of said Record of Survey North 89O49'02" West 2335.37 feet to the TRUE POINT OF BEGINNING; thence along the Westerly line of said Record of Survey North 06O35'47" West 915.00 feet: thence leaving said Westerly line North 70°30'00" East 113.00 feet; thence South 05°00'00" West 174.00 feet; thence South 45°00100" East 185.00 feet: thence South 30°00'00" West 193.00 feet; thence South 06O35'47" East 140.00 feet; thence South 45°00'00" East 153.00 feet; thence North 66°30'00" East 120.00 feet; thence North 45O45'00" East 194.00 feet; thence North 8l04O1O0" East 212.00 feet; thence South 26O45'00" East 156.50 feet; thence South 19°30'00" West 133.00 feet; thence South 23°20'00" East 114.00 feet; thence South 80°21'45" East 452.96 feet to a point in said Southerly line of said Record of Survey; thence along said Southerly line North 89O49'02" West 1121.37 feet to the TRUE POINT OF BEGINNING. Containing 7.28 acres; all to allow construction of 234 single-family homes on 107 acres located southeast of El Camino Real and Route 78, as shown on map marked ZC-142, Exhibit A, dated March 5, 1974; and WHEREAS, at the conclusion of said hearing the Planning Commission of the City of Carlsbad adopted Resolution No.1111 recommending said zone change which is herewith referred to and made a part hereof; and WHEREAS, on the 3rd day of December, 1974, the City Council held a public hearing on the matter, received all recom- mendations and heard all persons interested in or opposed to the proposed change of zone; and WHEREAS, an Environmental Impact Report has been prepared and discussed at duly noticed public hearings before the Planning Commission and the City Council, and the final report has been certified as complete in satisfaction of the requirements of the City of Carlsbad Environmental Protection Ordinance of 1972 and the California Environmental Quality Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 3. .. 1 2 3 4 5 6 7 8 9 10 11 12 13 0 14 s 5 15 as 8 16 7.v, gg32 0 -1 17 5g8d gg22 18 zp 2 ’+ a 19 a$ 20 ; 21 22 23 24 25 26 27 28 29 30 31 32 2 aa 3a $2g wv 0 0 0 2. That the findings of the Planning Commission con- tained in the aforementioned Resolution No. 1111 constitute the findings of the Carlsbad City Council. 3. That the approval of the proposed change of zone classification is necessary to carry out the general purpose of Title 21 of the Municipal Code. 4. That the City Council of the City of Carlsbad intends to adopt an ordinance to effectuate the proposed change of zone. PASSED, APPROVED AND ADOPTED at a meeting of the City Council on the 17th day of December , 1974, by the following vote, to wit: AYES: Councilmen Frazee, Chase, Lewis, McComas and Skotnic NOES: None. ABSENT: None. ATTEST : (SEAL) 4. :i. Y '. . - *" D 14 2c t 0 21 22 2: 24 25 26 27 2e 29 3c 33. 32 ORDINANCE NO. 941 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A CHANGE OF ZONE FROM R-1-10,OOO TO R-1-7500 (ZC-142) AND OPEN SPACE (0-S) ON 107 ACRES LOCATED SOUTHEAST OF EL CAMINO REAL AND ROUTE 78. APPLICANT: LEADERSHIP HOUSING SYSTEMS, INC. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: Title 21 of the Carlsbad Municipal Code is amended by the amendment of the zoning map to grant a change of zone from R-1-10,000 to R-1-7500 for the following described property : All that portion of Lot J, Rancho AguaHedionda in the City of Carlsbad, County of San Diego, State of California, according to Map No. 823 on file in the office of the County Recorder, and further described as: Beginning at a point in the northwesterly boundary of said Rancho Agua Hedionda, said point being also the most northerly corner of record of Survey Map No. 5412 as filed in the office of said County Recorder; thence along the boundary of said Record of Survey No. 5412 South 58O03'52" East 710.00 feet to the TRUE POINT OF BEGINNING: thence continuing along said boundary the following courses: (1) South 58O03'52" East 3042.69 feet; (2) North 69O35'48" East 348.00 feet; (3) South 24O57'52" East 1805.21 feet: (4) North 89O49'02" West 2335.37 feet; (5) North 06O35'47" West 1980.41 feet; (6) North 58°17'19" West 1550.82 feet; thence leaving said boundary North 32"20'01" East 396.22 feet to the TRUE POINT OF BEGINNING: except the following described portions of said property which are rezoned from R-1-10,000 to Open Space (0-S): Open Space Lot 70 Beginning at the intersection of the Northerly line of said Lot J with the boundary of said Rancho Agua Hedionda as shown on said Record of Survey Map No. 5412; thence along the Northerly line of said Lot J South 58O03'52" East 2260.09 feet to the TRUE POINT OF BEGINNING; thence continuing South 58"03'52" East 800.00 feet; thence leaving said Northerly line South 31°56'08" West 125.00 feet; thence North 75°10'00" West 482.49 feet to the beginning of a tangent 270.00-foot radius curve concave Northeasterly; thence Westerly along 2C 21 22 21 24 2: 2t 27 2E 2s 3c 33 32 I- G said curve through a central angle of 45°40'00" an arc distance of 215.20 feet; thence tangent to said curve North 29°30'00" West 148.42 feet; thence North 31O56'08" East 175.00 feet to the TRUE POINT OF BEGINNING. Containing 4.00 acres. Open Space Lot 71 Beginning at the intersection of the Northerly line of said Lot J with the boundary of said Rancho Agua Hedionda as shown on said Record of Survey Map No. 5412: thence along the Northerly line of said Lot J South 58O03'52" East 710.00 feet to the TRUE POINT OF BEGINNING; thence continuing South 58°03'52'1 East 1100.09 feet: thence leaving said Northerly line South 18°00'00" West 403.39 feet to a point in the Southwesterly line of said Record of Survey Map No. 5412; thence along said South- westerly line North 58O17'19" West 1200.00 feet; thence leaving said Southwesterly line North 32°20'01" East 396.22 feet to the TRUE POINT OF BEGINNING. Containing 10.40 acres. Open Space Lot 72 Beginning at the most Easterly corner of said Record of Survey Map No. 5412; thence along the most Southerly line of said Record of Survey North 89O49'02" West 2335.37 feet to an angle point therein; thence along the Westerly line of said Record of Survey North 06*35'47'' West 1855.00 feet to the TRUE POINT OF BEGIN- NING: thence leaving said Westerly line South 50°00'00" East 75.00 feet: thence North 45°40'00" East 162.50 feet; thence South 60°00'00" East 75.00 feet: thence South 19°00'OO" West 116.50 feet: thence South 74°40'00" East 107.50 feet; thence South 07°20'00" West 165.00 feet: thence South 12°20'00" East 200.00 feet: thence South 72°40'00" West 112.00 feet; thence South 56°50'00" West 67.00 feet; thence South 15°00'00'' West 54.00 feet; thence South 06°30100" East 105.00 feet; thence South 53°10'00" East 138.00 feet; thence South 74°00'00" West 182.58 feet to a point in said Westerly line of Record of Survey Map No. 5412; thence along said Westerly line North 06O35'47" West 834.85 feet to the TRUE POINT OF BEGINNING. Containing 3.74 acres. Open Space Lot 160 Beginning at the most Easterly corner of said Record of Survey Map No. 5412; thence along the Easterly line of said Record of Survey North 24O57'52" West 1805.21 feet to the TRUE POINT OF BEGINNING: thence along the North- erly line of said Record of Survey South 69O35'48" West 348.00 feet to a point in a nontangent 642.00-foot radius curve concave Southerly; thence leaving said Northerly line, Southeasterly along said curve through a central angle of 43O38'02" an arc distance of 488.92 feet to a point in said Easterly line of Record of Survey Map No. 5412; thence along said Easterly line North 24O57'52" West 300.00 feet to the TRUE POINT OF BEGINNING. Containing 0.86 acres. 2. 1 2 3 4 5 6 7 E s 1c 11 12 1: 0 14 a 2c 21 22 2: 24 25 2e 27 2€ 29 3c 31 32 k 5 Open Space Lot 239 Beginning at the most Easterly corner of said Record of Survey Map No. 5412; thence along the Southerly line of said Record of Survey North 89O49'02" West 2335.37 feet to the TRUE POINT OF BEGINNING; thence along the Westerly line of said Record of Survey North 06O35'47" West 915.00 feet; thence leaving said Westerly line North 70°30'00" East 113.00 feet; thence South 05°00'00" West 174.00 feet; thence South 45°00'00" East 185.00 feet; thence South 30°00'00" West 193.00 feet; thence South 06O35'47" East 140.00 feet; thence South 45°00'00" East 153.00 feet; thence North 66°30'00" East 120.00 feet; thence North 45°45'00" East 194.00 feet; thence North 81°40'00" East 212.00 feet; thence South 26O45'00" East 156.50 feet; thence South 19°30'00" West 133.00 feet; thence South 23°20'00'1 East 114.00 feet; thence South 80O21'45" East 452.96 feet to a point in said Southerly line of said Record of Survey; thence along said Southerly line North 89O49'02" West 1121.37 feet to the TRUE POINT OF BEGINNING. Containing 7.28 acres. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adop- tion. INTRODUCED AND FIRST READ at a meeting of the Carlsbad City Council held on the 17th day of Dec. , 1974, and thereafter PASSED AND ADOPTED at a meeting of said City Council held on the 7th day of Jan. , 1975, by the following vote, to wit: AYES: Councilmen Frazee, Chase, Lewis and McComas. NOES: None. ABSENT: Councilman Skotnicki. c ATTEST : (SEAL) - 3. 2( 21 2: 2; 24 2: 2E 27 2E 2s 3c 31 32 k V RESOLUTION NO. 3,556 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE MAP (CT 74-4) TO ALLOW CONSTRUCTION OF 234 SINGLE- FAMILY HOMES ON 107 ACRES LOCATED SOUTH- EAST OF EL CAMINO REAL AND ROUTE 78. APPLICANT: LEADERSHIP HOUSING SYSTEMS, INC. WHEREAS, on November 12, 1974, the Carlsbad City Planning Commission adopted Resolution No. 1112 recommending to the City Council that Tentative Map (CT 74-4) be conditionally approved: and WHEREAS, the City Council of the City of Carlsbad, on the 3rd day of December, 1974, considered the recommendation of the Planning Commission; and WHEREAS, an Environmental Impact Report has been prepared and discussed at duly noticed public hearings before the Planning Commission and the City Council, and the final report has been certified as complete in compliance with the requirements of the City of Carlsbad Environmental Protection Ordinance of 1972; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: A. That the above recitations are true and correct. B. That Tentative Map (CT 74-4) is hereby approved sub- ject to all applicable requirements of the Carlsbad Municipal Code and to the satisfaction of the following conditions: 1. The final maps shall be submitted for approval The final map shall within one year from the final action by the City Council on the Tentative Subdivision Map. be in substantial conformance on the Tentative Subdivisior Map known as Exhibit A, dated October 22, 1974. 2. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all'the requirements limitations and restrictions of all municipal ordinance and state and federal statutes now in force,. or which hereafter.may be in force for the purpose of preserving the residential characteristics of adjacent properties. 3. All public improvements shall be made in conform- ity with the City of Carlsbad Engineering Design Criteria and Standard Plan, the Subdivision Ordinance and other 1 2 3 4 5 6 7 8 9 10 11 12 13 a 14 a .; 15 %Z a 16 d&L”-Q 0O’)Z 2 i5a G>,$P m~ i 17 i, ?,a +>U” zw8d 18 g$s?s zo 2 9 >, ’5 a 19 20 21 22 23 24 25 26 27 28 29 30 31 32 G City Standards, to the satisfaction of the City Engineer, without cost to the City of Carlsbad, and free of all liens and encumbrances. Improvement plans for water and sewer systems shall meet the requirements of the respec- tive service districts. 4. All land and/or easements required by this ordinance shall be granted to the City of Carlsbad without cost to City and free of all liens and encumbrances. No easements shall be recorded prior to recordation of the final map unless approved by the City Engineer. 5. All utilities, including provisions for cable TV, shall be placed underground and/or shall be completely concealed from view. 6. Ornamental street lighting shall be provided for as required by Municipal Code. The developer shall post a bond and/or cash in the amount necessary to energize said street lights for an 18-month period after construc- tion to permit the incorporation of the sub-division into a maintenance district. This shall be done prior to approval of final map. 7. The improvement plans shall include a report of a geological investigation and a complete grading plan of the entire site when required by the City Engineer. The report and plan shall be prepared by civil engineers licensed by the State of California and experienced in erosion control. Said engineers shall certify that they have investigated the site and prepared data with full consideration of the consequences to the included and neighboring properties and conform to the standards of the Geological Safety Element of the General Plan. 8. All slopes created as a result of this develop- ment shall not exceed a 2:l slope or as approved by the City Engineer. 9. If requested by the City Engineer an amended Tentative Map shall be submitted for approval by the City Engineer prior to preparation of the final map to assure compliance with all conditions of approval. 10. In order to provide for reasonable fire protec- tion during the construction period, the subdivider shall maintain passable vehicular access to all buildings and adequate fire hydrants with required fire flows,and dry- stand pipes shall be installed prior to framing construc- tion. 11. Park land dedication of Lot 72 shall be granted to the City concurrent with City Council approval of the final map. 12. Street trees, when required by the City, shall be installed by the applicant at his expense. Trees shall be of a type approved by the Parks Department and shall be installed to their specifications. If removal of any existing trees is required by the City, said remov- al shall be at the applicant’s expense. It shall be the responsibility of the applicant to make all arrangements with the Parks Department concerning the requirements of 2. 1 2 3 4 5 6 7 8 9 10 11 12 - u. 19 20 21 22 23 24 25 26 27 28 29 30 31 32 this condition. These arrangements are to be made prior to approval of the final map. 13. Street names shall be subject to approval and shall be designated in accordance with the standards and policies adopted by the Planning Commission on file in the Planning Department. Said names shall be approved by the Planning Director prior to approval of the final map. 14. The CC&R's for this development sha-1 be sub- mitted to the Planning Director for review and approval prior to the approval of final map. 15. With construction of the first unit, the develop- er shall install an off-site sewer line to serve the sub- ject property which shall be compatible with the City's Master Sewer study for the area and conform to City Standards. 16. Elm Avenue from El Camino Real to the westerly boundary of the subdivision shall be dedicated with all necessary slope easements and shall be improved to City Standards with a minimum 28-foot wide paved roadway section. Elm Avenue within the limits of the subdivision boundaries as shown on the Tentative Xap (CT 74-4) shall be offered for dedication with all necessary slope easements. division to the easterly boundary shall be improved to City Standards with an 84-foot right-of-way. Elm Avenue along the easterly boundary of the subdivision from the terminus of the 84-foot right-of-way to the southerly boundary of the subdivision shall be improved to City Standards with a 42-foot right of way. All improvements of Elm Avenue shall be bonded prior to recordation of the final map for the first unit. Elm Avenue from the westerly boundary of the sub- 17. The developer shall enter into an agreement with the City providing for contribution by the developer to- ward the cost of a fully actuated traffic signal at the intersection of Elm Avenue and El Camino Real, in an amount to be determined by the City Engineer pursuant to such a traffic signal policy as the City Council may adopt. 13. All-weather access shall be provided to all manholes and cleanouts. Any water, sewer or storm drain lines installed in slopes shall be placed normal to the slope. 19. Improvement plans for the water system shall meet the requirements of the Carlsbad Municipal Water District and City Fire Chief. 20. Access rights shall be relinquished along Elm Avenue except at public street intersections. 21. As a part of the development, the developer shall participate in the construction of that portion of the future Tri-Agencies Pipeline. The applicant shall enter into a financial agreement for said participation in a manner acceptable to the Carlsbad Municipal Water District. 3. .I . . .. .' .- 1 2 3 9 10 11 12 13 0 14 U 20 21 22 23 24 25 26 27 28 29 30 31 32 z u 22. The applicant shall enter into discussions with the North County Transit District and City Planning staff to explore how public transportation needs of the proposed subdivision can best be met. 23. An Open Space easement over Lots 70, 71, 160 and 239 shall be granted to the City of Carlsbad concurrent with approval of the final map. 24. In graded areas all property lines between lots shall be at the top of the slope. 25. The developer shall maintain all the Open Space easement areas designated on the Tentative Map until Phase I11 of the development has been constructed. A maintenance program shall be provided for in the CC&R's which are to be submitted to the Planning Director for approval prior to turning the maintenance of the Open Space easements over to the City. The applicant shall install a fully automated sprinkler system, landscaping of all constructed slopes and a 10-foot-wide asphaltic concrete path, in a manner acceptable to the Parks and Recreation Director. Landscaping programs are not expected to be applied to natural vegetation that will remain. The path shall join the City Park to the Templin Heights property to the south and shall have a maximum grade of 7%, except as approved by the City Engineer. C. That said Tentative Map, together with the provisions for its design and improvement and subject to the above conditions is consistent with all applicable general and specific plans of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 17th day of December, 1974, by the following vote, to wit: AYES : Councilmen Frazee, Chase, Lewis, McComas and Skotnic NOES : None. ABSENT: None. h .";, r, ATTEST : (SEAL) 4. i.