HomeMy WebLinkAbout1982-05-04; City Council; 6996; ZONE CHANGE FROM P-C TO P-U AND P-U TO O-S0 a s z a 0 0
1. PC Resolution Nos. 1943 and 1944
2. Staff Report dated, April 28, 1982 w/attachments
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PLANNING COMMISSION RESOLUTION NO. 1943
A RESOLUTION OF THE PLANNING COMMISSION OF THE C
OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL
OF A ZONE CElANGE FROM P-C, PLRNNED COMMUNITY TO
PUBLIC UTILITIES AND P-U, PUBLIC UTITITIES TO 0-
OPEN SPACE ON PROPERTY GENERALLY LOCATED ON THE
WEST SIDE OF RANCHO SANTA FE ROAD IN SAN MARCOS
APPLICANT: SAN MARCOS COUNTY WATER DISTRICT
CANYON b
CASE NO: ZC-254
WHEREAS, a verified application for certain property,
A portion of the East one half of Section 30, Townshi
12 South, Range 3 West, San Bernardino Meridian accor inq to the U. S. Government Survey
has been filed with the City of Carlsbad, and referred tc
Planning Commission; and
WHEREAS, said application constitutes a request as pr
by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 28th day
April, 1982, hold a duly noticed public hearing as prescr
by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and COT:
all testimony and arguments, if any, of all persons desir
be heard, said Commission considered all factors relatinc
Zone Change; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planninc
sion as follows:
(A) That the foregoing recitations are true and correct.
(€3) That based on the evidence presented at the public he
Commission recommends APPROVAL of ZC-254, based on tk
following findings:
Findings:
1) The proposed changes of zone from P-C to P-U and
0-S are consistent with the General Plan designal
P-U and 0-S on this property.
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2) The P-U and 0-S zones are compatible with the su zones because all of the surrounding properties , P-C and are subject to the requirements of the L( Master Plan which has designated these propertie!
space .
This project has already been considered in conjl
with a previously approved Environmental Impact : a Notice of Prior Compliance was issued on March
PASSED, APPROVED AND ADOPTED at a regular me9ting of
the Planning Commission of the City of Carlsbad, Califor]
held on the 28th day of April, 1982, by the following vol
to wit:
3)
AYES: Farrow, Schlehuber, Romboti.s, Marcus, Frieste
and L'Heureux
NOES : None
ABSENT: None
ABSTAIN : None
VERNON J. FARROW, JR.,
CARLSBAD PLANNING COMMI
ATTEST:
I
20Lms c. HAGAMAN, Secretary
:IARLSBAD PLANNING COMMISSION
-2- PZ RES0 # 1943
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PLANNING COMMISSION RESOLUTION NO. 1944
A RESOLUTION OF THE PLANNING COMMISSION OF THE C
A PRECISE DEVELOPMENT PLAN FOR THE EXPANSION OF
MEADOWLARK RECLAMATION FACILITY ON PROPERTY GENE
LOCATED ON THE WEST SIDE OF RANCHO SANTA FE ROAE
SAN MARCOS CANYON.
APPLICANT: SAN MARCOS COUNTY WATER DISTRICT
CASE NO: PDP-3(A)
OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL 0
WHEREAS, a verified application for certain property,
A portion of the East one half of Section 30, Townshi
12 South, Range 3 West, San Bernardino Meridian accor in9 to the U. S. Government Survey
has been filed with the City of Carlsbad, and referred tc
Planning Commission; and
WHEREAS, said verified application constitutes a recp
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 28th dal
April, 1982, hold a duly noticed public hearing as presci
by law, to consider said request; and
WHEREAS, at said public hearing, upon hearing and COI
all testimony and arguments, if any, of all persons desii
be heard, said Commission considered all factors relatinc
Precise Development Blan; and
NOM, THEREFORE, BE IT HEREBY RESOLVED by the Plannini I
Ision as follows:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public h
Commission recommends APPROVAL of PDP-3(A), based on
following findings and subject to the following cond
Findings :
1) The proposed Precise Development Plan ensures compat
the development with the General Plan because:
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a) The General Plan Land Use Element designates a pi
utility in this area.
b) Subsequent development in the area served by the treatment plant will be consistent with the Gene because all zoning in the service area is consis
the General Plan.
2) The proposed Precise Development Plan will not result
significant adverse impacts to the environment due to
following reasons:
a) The conditions of approval include mitigation me outlined in the EIR certified by the San Marcos
Water District and mitigate potential adverse environmental impacts.
b) The project will be subject to further review an
approval by effected State and Federal agencies. review constitutes additional environmental impa assessment, and insures the project's compatibil the natural manmade environment.
c) Adequate measures are required as part of the ap
mitigate any adverse impacts the property may ha
d) The location of the project in a valley will red
adverse impacts to surrounding property.
3) The proposed Precise Development Plan provides for pu
facilities as necessitated by development and/or appr the area:
a) The proposed wastewater treatment facility will a complimentary use to the existing Encina Water Treatment Plant by providing the area with addit sewer capacity.
b) The proposed reclamation facility will reduce tk.
of potable water necessary to serve this area ir future.
c) Said reclamation system could allow for the pre:
and continuation of agricultural production,
d) All other public facilities will be available at development.
e) The project is specifically exempted from the Cj
Public Facility Fee Policy (City Council Policy /I//
//// -2- PC RES0 #1944
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Conditions
Planning Department
1) Approval is granted for PDP-3(A), as shown on Exhibit
"E" and "X" dated December 7, 1981 and "A" and ''F" da
December 18, 1981, incorporated by reference and on f the Planning Department . Development shall occur substantially as shown unless otherwise noted in thes
conditions.
2) Archaeological site W-553, loci A and B shall be locz
large-scale engineering maps and flagged with survey
in the field. If it appears that the construction ac
will disrupt the site, the following mitigation measu be observed:
a) Mapping and measurement of bedrock features;
b) Excavation of a maximum of four-1 meter size tes c) Excavation of a maximum 25 postholes;
d) Through photographic documentat ion of archaeolog
field operations; and
e) Laboratory processing of recovered material.
3) The potable water station as shown on Exhibit "A", st
screened from the right-of-way of Corintia Street by landscaping and a decorative blockwall. Said landsci
wall shall be subject to the approval of the Planninc Department and the Parks and Recreation Department pi building permit issuance.
4) Prior to approval of the final Precise Development PI
the treatment plant, the applicant shall secure easen
rights prohibiting the location of any habitable buil within 100 yards froni the processing equipment or trc
facilities of the waste water treatment site (excludj
maintainence and control buildings and the potable WE
station as indicated on Exhibit "A" dated December 1t 1
1981).
5) Landscape and irrigation plans for graded areas shall
submitted for the approval of the Planning Director t
final Precise Development Plan. The landscaping shal designed to screen the treatment facilities from suri
properties. Plans shall include fast growing, tall t well as a combination of shrubs and groundcover. P1; be drought tolerant, fire retardant where necessary,
easily maintained.
6) Natural vegetation shall be retained wherever possib:
7) All pumps, generators and other noise producing mechi
shall be placed undergroung and/or shielded in such i
reduce noise to a maximum of 55 dba at property line facilities.
PC RES0 # 1944 -3-
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8) Final plans for treatment facilities shall indicate 1 to provide adequate nighttine operations. Such light
streets are not adversely affected, The lighting plz be subject to the approval of the Planning Director.
be designed in a manner so that nearby residences or
9) The treatment facility, reservoirs and mechanical
appurtenances shall be totally enclosed by a fence a
of six feet in height, with an addition of barbed wii
designed for security purposes.
10) All equipment proposed to be placed on any roof shall
screened from public view and subject to the approval Planning Director
Engineering Department
11) This project together with the sewer outfall and fai:
lines and the reclaimed water distribution lines and
facilities shall comply with all the requirements of
California Regional Water Quality Control Board, San
Region Order No. 79-23, dated March 26, 1979 and any addendums thereto issued by the aforementioned Water Control Board.
12) The proposed 1 1J2:l slopes along the north, east anc sides of the project site shall be flattened to 2:l t otherwise brought into conformance with the provisioi city of Carlsbad Grading Ordinance. The proposed 1
slope adjacent to the San Marcos Creek will be allow
so long as it is covered with a layer of rock slope 1
placed over a suitable filter blanket as shown on thl grading plans for the project and as approved by the
Engineer.
13) In addition to the approval of the development indic
the exhibits noted above, all other requirements and
appurtenances as listed in this approval shall be in
the final Precise Development Plan,
14) If the final design for the treatment plant is to in embankment along San Marcos Creek at the plant to gu
against flooding, then a 1601 permit from California Department of Fish and Game is to be obtained for th alteration of the streambed.
15) Grading plans for all facilities shall be approved b Engineer. Such plan shall include provisions to lim
grading, cut and fill and excavation to the minimum
necessary to prepare construction sites to reservoir
16) Surfaces shall be graded to direct runoff toward des
drainage facilities and away from any cut and fill s
-4- //// PC RES0 #1944
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17) Land shall not be cleared of vegetation except immedi,
before grading, and grading should take place only du.
dry season (April 16 to October 31), unless otherwise
by the City Engineer.
18) All graded slopes shall be stabilized for erosion con immediately following grading by the developer.
19) The final Precise Development Plan shall be a reprodu copy which incorporates all requirements of the appro
Prior to signing of the final Precise Development Pla City Manager shall determine that all applicable requ have been incorporated into the plan and that all con
of approval have been satisfactorily met or otherwise guaranteed. The final signed Precise Development Pla be the official site layout plan far the property and
attached to any application for a building permit for undertaken, or structures or buildings constructed pu this approval. No building permits shall be issued u final Precise Development Plan is approved.
20) Prior to approval of the final Precise Development P1
District shall enter into a service agreement with th
of Carlsbad to permit the District to distribute and
of reclaimed water from the treatment plant to proper
within the incorporated limits of the city of Carlsba
21) Prior to approval of the final Precise Development P1 district shall enter into an agreement with the city
guaranteeing that the district will make available tc
reclaimed water from the treatment of sewage at the F
The amount of reclaimed water made available to the c be no less equal to an amount proportionate to the an sewage produced in the city and treated at the plant,
Reclaimed water distributed by the district accordin5
Condition No. 20 of this approval is deemed to have k
available to the city,
IFire Department I
22) A fire hydrant, supplied by a 6" main shall be insta: the control building prior to occupancy. ////
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//I/ PC RES0 #1944 -5-
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PASSED, APPROVED AND ADOPTED at a regular meetin:
Planning commission of the city of Carlsbad, California, 1
the 28th day of April, 1982, by the following vote, to wil
AYES: Chairman Farrow, Commissioners Marcus, Rornbotis, Schlehuber, Jose, Friestedt <
L' Heureux.
NOES : None.
ABSENT: None.
ABSTAIN: None.
VERNON J. FARROW, JR.; Chz
CARLSBAD PLANNING COMMISSI
ATTEST:
JAMES c. HAGAMAN, Secretary
CARLSBAD PLANNING COMMISSION
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PC RES0 a1944 -6-
Appl icat ion(lbmitta1 Date : e December 3,7981
STAFF REPORT
DATE : April 28, 1982
TO : Planning Commission
FROM : Planning Department
SUBJECT: ZC-254/ PDP-3(AJ/SUP-6 - SAN MARCOS COUNTY FJATER
DISTRICT - Request for a Zone Change, Precise Develc
ment Plan and Special Use Permit for the expansion c
the Meadowlark Reclamation Facility, located west of
Rancho Santa Fe Road south of the fdture extension c Corintia Street in San Marcos Canljon in the P-U Zonc
I. DESCRIPTION
The applicant is requesting a zone Change, Precise Developmen
Plan, and Special Use Permit to allow for the expansion of th
Meadowlark reclamation facility located as described above. Zone Change is being requested to mcdify the boundaries of th treatment plan. As shown on Exhibit "A", the boundaries of t area zoned P-U, Public Utilities, will change, but the overal.
acreage will remain the same, 5 acres. The areas designated and D on Exhibit "A" will be rezoned to 0-S, Open Space, and in their natural state.
The Precise Development Plan is required for the issuance of
building permit or any other entitlement in the P-U Zone. Th
Special Use Permit is required because a portion of the site within the F-P Zone (Floodplain overlay). Special Use Permit are required for any use or entitlenent in this zone.
The proposed expansion will consist of filters, sedimentatior tanks, rotating biological conkractors, a potable water stat; and a control building along with an access road. Additional
second entrance to the facility will be provided €rom the pro
posed alignment of Corintia Street. The proposed expansion w
increase the present authorized capacity of 1 mgd, million ga lons per day, by an additional 1.0 mqd, and at the same time pare the site €or an ultimate expansion to 5.0 mcjd when warra
at some time in the future. As shown by Exhibit IrX", this fu
expansion can be accomplished within the boundaries of the pr posed present expansion. Expansion of the proposed project
beyond 2 mgd will probably occur some time in the future and, that point, will require the preparation of a supplemental En
ronmental Impact Report and an amendment to the Precise
Development Plan.
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11. ANALY S I S
Planning Issues - ZC-247
1. Are the proposed Zone Changes from PC, Planned Community,
P-U, Public Utility and P-U to 0-S, Open Space, consistent
with the General Plan Designations of U, Fublic Vtilities
OS, Open Space?
2. Are the proposed PU, Public Utility and OS, Open Space zonl
and uses allowed within these mnes, consistent with
surrounding zoning and land uses?
Discussion
As mentioned previously, the Zone Change is being requested to modify the boundaries of the Headowlark Treatment Facility and
there will be no increase in its overall area. The General P1
gives a designation of U, Public Utilities, to a five acre sit1 at this location. Staff feels that the proposed modification (
the boundaries is minor in nature and consistent with the Gene Plan Designation. The portions of the site that are rezoned tc
0-S will be left in their natural state which is consistent thl
General Plan Designation of OS, Open Space, for the remainder I the site.
The Commission should also note that the proposed boundary real justment will shift the southern boundary of the site from its
present location, which is well south of the creek, to the nor thern edge of the creek. This boundary adjustment ~itl help ti
San Marcos Creek. Staff believes all of the mandatory finding can be made for a Zone Change and therefore, is recommending approval.
Planning Issues - PDP-3(A)
1. Is the site adequate in size to handle the proposed expan-
preserve important biological rssources adjacent to and south
sion?
2. Will the growth inducing impacts of the plant expansion be
Discussion -
As shown by Exhibit A, the site is adequate in size and shape
handle the proposed expansion. The commission will note that
large percentage of the property within area F will be left in
Adolphia located in this area. The €acilities location, withi San Marcos Canyon, along with the proposed landscaping should adequately shield it from any residential development to the
north or south of the site.
consistent with the General Plan?
its natural state, this is to preserve a population of Califor
-2-
W
Construction of the proposed expansion will provide an additj
4000 sewer hookups for the San Marcos County Water District.
This expansion, along with the Encina Phase 111 and 111-A ex;
sions, would provide adequake sewer capacity to accommodate
SANDAG's Series V population projections to the year 2000. S
is recommending approval of PDP 3(A).
Planning Issues - SUP-6
1. Are all the requirements of the Floodplain Overlay Zone c
As indicated by the attached memo from the Carlsbad Engineeri Department, the proposed expansion complies with all requirem of the Floodplain Overlay Zone and no flooding hazards will
result from this project.
In summary staff believes that:
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plied with?
1) The proposed expansion of the Meadowlark Reclamation Facility is compatible with the surrounding zoning an
land uses;
2) The site is adequate in size and shape to accomodate proposed expansion; and
3) The expansion complies with all requirements of the
Floodplain Overlay Zone.
Staff is therefore, recommending approval of the proposed Zon
Change, Precise Development Plan and Special Use Permit.
111. ENVIRONMEITTAL REVIEW
The Planning Director has determined that this project has already been considered in conjunction with a previously cert
fied environmental document and, therefore, issued a Notice o Prior Environmental Compliance dated March 12, 1982. A copy (
the environmental document is on file in the Planning Depart-
ment.
VI. RECOMMENDATION
It is reconmended that the Planning Commission adopt Resolutic
1945, APPROVING SUP-6 and adopt Resolutions 1943, and 1944,
recommending APPROVAL of 2C-254 and PDP-3(A), to the City Coar
based on the findings and subject to the conditions contained
therein.
-3-
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ATTACHMENTS
1. Planning Commissions Resolutions Nos. 1943, 1944, and 194:
3. Background Data Sheet
4. Disclosure Form
5, Memo from Engineering Dept. dated April 8, 1982 6. Environmental Documents
7. Reduced Exhibits
8. Exhibits "B"-"E" and "X" dated December 7, 1981 9. Exhibits "A" an3 "F" dated December 18, 1981
2, Location Map
MH:rh
4/16/82
-4-
v 7
WCKWW DATA SHEET
CASE NO: ZC-254/PDP-3(A)/SUP-6
APPLICANT:
REQUEST AND KCATION:
Permit to allow for the expansion cf the Meadowlark Reclamation Facility locat
west of Rancho -- Santa Fe Rmd in San Marcos Canyon.
LEGAL DESCRIPTION:
SAN MAROS COUb?I'Y V??YfTR DISTRIm
Zone Change, Precise Developnent Plan, and *cia1 Use
Being a Portion of the East one hdf of Section 30, Town-
ship 12 South, Range 3 Wst San Bemardino Keridian LDN: 223-030-03 -
- Acres 5 proposed NO. of mtsflnits I
GENERAL PLAN AND ZONING
Land Use Designation U and OS
Density Allowed WA &nsity proposed N/A -
Existing Zone P-U ad P-C Proposed Zone P-U and 0-S
Surrounding Zoning arid Land Use:
Zoning Land Use
Site P-€ & P-U Treatment Plait & Vacant
b*h P-c Vacant
South P-C Vacant
East P-C Vacant
west P< .Vacant
PUBLIC FACILITIES
School District San Marcos Water*San Marcos Sewer San Marcos EDU's -
Public Facilities Fee Agreemcnt, dated
ENVIRONMENTAL IMPACT ASSESSMENT
Exempt
Negative Declaration, issued -
E.I.R. Certified, dated
Other, Prior Compliance, dated March 12, 1982
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.. cA g E b3 0 .. -- ZC-2Sb/PbD- s(AP ,
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SAP4 MARCoS
A $Pk] CANT- TREATMENT PROJECT
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tkaf further infomatioX required, YOU will. be SO ad w, -.
LEPLICANT: SWCOS r 1) IJafpr njytrirt Name ~i~divi~~partnership, joint venture, corporation, SI
788 t <Jest San Marcos Boul evar d, San Marcos. Ca. 92069
Business Address
(714) 744-0460
..
.Telephone Number ..
AGENT : C M Engineering Associates C/O Libby Tortorici
- P. 0. Box 2108, Vista, Ca. 92053
rqme
Business Address >
.- (714) 758-3680 Telephana Number I_
.- MEbIBERSt N/A Home Address Name -(individual, partner, joint
venture, corporation, syndication)
Business Address
-I Telephone NurJber Telephone Xder '
Xzne Home Address
3isiness AGLviss
Telephono X!unber Telephone Nmb21:
.-
,'
..
(Attzch more sheets; if necessary)
. I/kfe deckre under penalty of perjury that the information contained in tl
closure is true and correct and th2.t it will remain true and correct and n
relied upoa as being true and correzt until anended.
;SA!{ ~t~~~~~~ czy;/?,' ',"!ATE? IJ!sT,
App 1 ic a n t c -
e 0
MEMORANDUM
DATE: April 8, 1982
TO :
FROM: C i ty Eng i neer
SUBJECT: SUP-( MEADOWLARK RECLAMATION FACILITY
Planning Director $
In accordance with Section 21.31.100 of the Municipal Code, 1
have reviewed the subject application and lhereby present the
fol lowing report.
The drawings and calculations for the latest Meadowlark Recla
rnation Facility plans were reviewed by my department and the
County of San Diego Development of Sanitation and Flood Contr
It was determined by them and by us that the proposed improve
effects of erosion and inundation related to a 100-year flood
In addition, it was determined from a comparison of before-
grading and after-grading conditions that the encroachment
into the San Marcos Creek flood plain will have a minimal
effect on the 100-year flood water surface for the adjacent
and upstream channel areas.
It is, therefore, my finding that a special use permit be is!
with the following conditions:
1. The proposed development plan remain substantially as shc
on the proposed Meadowlark Reclamation Facility Grading
Plan (sheets C-1 through C-4), dated February 28, 1982, c
prepared by C M Engineering Associates.
ments adequately protect the proposed development from the
2. The rock slope protection shall be installed in accordan'
with the above-referenced plan and the State of Californ
Department of Transportation Standard Specification for
rock slope protection.
LE : DAH : 1 s
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LEGEND rI PHASEIT02
ULTIMATE -!
Preliminary Plot Plan
I I,
-' Carls'bad J&m;
Decreed a Legal Newspaper by the Superior Court of Son Diego County
31 38 ROOSNELT ST. 0 P.O. BOX 248 0 CARLSBAD, CA 92008 0 729-2345 __ __ ___ -
i~r,oofof]
STATE OF CALIFORNIA, 3s
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitlI
I am principal clerk of the printer of the Carlsbad Journal a newspaper of general
published twice weekly in the City of Carlsbad, County of San Diego, State of California
newspaper is published for the dissemination of local news and intelligence of a general chc
which newspaper at all times herein mentioned had and still has a bona fide subscription li
subscribers, and which newspaper has been established and published at regular interval
City of Carlsbad, County of San Diego, State of California, for a period exceedin,
next preceding the date of publicc
notice hereinafter referred to; and thc
of which the annexed is a printed cop
published in each regular and entire i
the following dates, to-wit:
NOTICE OF PUBLIC HEARING
pansion of the Meadowlark Treat-
located approximately %mile west
ment Plant on property generally
of Rancho Santa Fe Road in San Marcos Canyon and more particu-
A po,+lon of the East One half of Section 30 Townshln 12 South R~~~~ 3 West sa- llc.lq ,rrl,no Merld]an according tu Iht. I < ernment survey Applicant San Varcoc Treatment prolect
ZC-Z54/PDP 3(A)
newspaper and not in any supplemer NOTICE IS HEREBY GIVEN that larly descrrbed as the City CounciloftheCityofCarls- bad will hold a public hearing at the City Council Chambers. 1200 Elm Avenue. Carlsbad California. at 6 00 P M on Tuesday, May4 1982.
to cons1der app'lcatlon for ap proval of a Zone Change and Prc __ .;ril 3: .............................. cise Development Plan for the ex rAp' \BAD L 'r CUI XCIL
..............................
.............................
.............................
.............................
I certify under penalty of perjury that the fa and correct. Executed at C2gsba5iCounty State of California on cI e _it.n
day of %T>T:- Ise% -.
~
Clerl
1 M/6/81 <A PU TO OS
I CASE NC1.X 254IPDP 3(A) -
SAN MARCOS A'SPLICAFlT Tl3FAT?JF#T PROJECT
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NOTICE OF PUBLIC HEARING
I.
ZC-254/PDP-3 (A) -
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad
a public hearing at the City Council Chambers, 1200 Elm Avenue, Carls
California, at 6:OO P.M., on Tuesday, May 4, 1982, to consider an apF for approval of a Zone Change, and Precise Development Plan for the e of the Meadowlark Treatment Plant on property generally located appro
1/4 mile west of Rancho Santa Fe Road in San Marcos Canyon and more F described as:
A portion of the East one-half of Section 30, Township 12 South, Range 3 West, San Bernardino Meridian according to the U.S. Government Survey
APPLICANT: San Marcos Treatment Project
PUBLISH : April 24, 1982 CARLSBAD CITY COUNCIL
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WTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN L!at the Planning Commission of the City of Carlsbad
will hold a public hearinq at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 7:OO p.m. on Wednesday, April 28, 1982, to consider approval of a Zone Change, and Precise Development Plan for the
expansion of the ivleadowlark Treatment Plant on property generally located
approximately 1/4 of a mile west of Rancho Santa FeRoad in San Marcos
Canyon and more particularly described as:
A ;portion of the East one-half of Section 30, Township 12 South,
Range 3 West, San Rernardino Meridian according to the U.S. Govemnent survey
Those persons wishing to spak on this proposal are cordially invited to attend the public hearing. If you have any questions please call the Planning Department at 438-559 1 @
CASE FILE: ZC-254/PDP-3(A)
APPLICANT: SAN MARCOS "FSATMENT PlTilXSECI'
PTJBLISH : April 17, 1982
CITY OF CAlUSBAD PL4"IE COMMISSION
v -. r- G Costa Land co,
CGsta Del Mar Road CarlSbad, CA 92008
1) San Marox County-Water Dist Aetna Capital Co
5100 Camps Drivt
Newport Beach, Ci
708 San :larcos Blvd.
Carlsbad/, CA 9 200 8
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TE 0 * 1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008 (73
Office of the C~ty Clerk
Citp of CarIgbab
January 6, 1982
Rancho La Costa 2101 Costa Del Mar Rd. Carlsbad, CA 92008
Attention : Burton L. Kramer
Re: Bond for San Marcos Caunty Water District
Rec lama ti on Pro j e c t
Per instructions from our Engineering Department,
we are releasing the following grading and erosion
control bond:
A1 1 ianz Insurance Company Bond No. ASB 90 04 31
Since we were not furnished an address for your
surety, we are returning this directly to you.
If you have any questions regarding this mattser, please do not hesitate to contact this office.
-Aa-r &BU
AL3rn4 L. RAr_rTENKiV?NZ City c: ,-erk
ALR : krs
Enclosure
cc: Rick Engineering
SUBJECT:(SQ@/H &+la! Os/Or\l Cf)WT& L 7
b j2&7BS*
DATE : /2-26 -8 /
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G;l'\LJl:<G A;Jd L8-f;siu:4 C,G4t,\'
NAtiE CF GEVELOPER: LA COSTA LAND COMPANY
NAXE OF 6EVELGPi;lENT: snI"A. "* 7 r W.D. RECLAMATION PROJECT --
LCCATIO~~ OF GRADING: x~ 1/4, section 32, T12S, ma, ,S Intersection of
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4'
5
6
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8
db -w
Avenue, & Rancho 2
NI;:L'E OF S;lilETY: ' ALLIANZ INSURA;lr"E COppANY
AVLX.INT OF BOND:
BOND NUMEER-, ASB 90 04 31 EFFECTIVE DATE: March 7, 1
PREMIUM:
d5L7 ODL3 " m -----7-
$900.00
WHEREAS, the bveloper named on tine I of Page i hereof, here
I
' 53
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XI
ferred to as DEVELOPE!!, has app I ied, pussuan't ta ChapSer I I -06 of .
klunicipal Code, far a gradins permit to perform excavation or fI I I
both, within the'Ci-ty of Carlsbijd, State of CaBifornia, mre speci
l21 scribed in the applicstion for grading permit for the Development
13
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15
16
17
l8
13
20
Line 2 of Page 1 hez2f, located as stated on Line 3 of Page I her
by referred to and rzde a part- hereof; and - -
WHEREAS, ths 3:~d Engineer has determined 4-0 approve said apl
* issue said perni-r s,;jec-t -to certain conditions as set OUT in sal
---s,-, W'rlEREF,S, u;,:iS?ER is required under -the terms of said permi
Cha2ter 11.06 fo furnish a bond for the faithful performance of h
gat ions thereunder; I i NOW, ThEREFORE, we, the DEVELOPER and the Surety named on Li I
21 hersf, hereinafter referred to as SURETY, are held and firmly bc
22 I City of Carlsbad, State of California, hereinafter referred to a:
23 penal sum 05 7-3 amount stated on Bine 5 of Page B hereof, lawfu
24
25
26 t
27
28
United States, for the payment of which sum wet I and truly to be
ourselves, our- heirs, successors, executors and administrators,
several iy, firmly by these presents,
The condition of this obligation is such that if fha above
OPER, his/her or its heirs, executors, administrators, SCICC~SSOI
--
TO : OFFICE :
-
SUBJJCT : --_I_-
DATE :
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S .M.C.N.D. RECLAFIATION PROJECT ____ --._.____ __._ -.-____- OF [)E \JEI_G\')l.,';Ej.1-[:
_._ - _-
L(?CAl101.! @I- GRALIING: It>: I/4, Section 32 T12S R3W & Intersection o ____ ---__~L ___. L-.. -_A____ _---. __-- Avenue, & Rancho
NAL'.[: 01' SLIXTY : .
Eit.;3Uidl OF EO>!D:
BO' lh9 c- b!ij;i,~t~: ASB 90 04 31
___-__.-___---- ALLIAXZ INSURANCE ________- WMPAXY ___
4-50 ODL3 .. cv' __ __~
EFFECT \ \/E Dp<i'E: Xarch 7 , 7---
___
~
['RE: 1.1 i siLq: $900.00 ---
WEREAS, the Caveloper named on Line I of Page I hereo-f, here
fei-red -to as DEVELOPER, has applied, pur-:i!iit;r~!:-Aa Chapt~er 1 1-05 of I
pLjuiiicipal Code, :or a grzding pennit A-GLi-form excavation or fi 1 I
bo-1-h, wil-hin -the'City of Carlnbad,&tai-e of Cali fornia, nore speci:
scribed Lh -\he appl i -tion for grac!iny pcr mi-f- for -i-I-ic DcveIopin.:ili- t
L.ine 2 of Pig? ,t , Ioca-bed as s-t-;i-tt:d~.on ILirie 3 of Pagz I hcrc
by r-c-fc:r-red 1-0 and rnaci2 a pzrt her-eo:; and
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I /--$. ,
, he t-? ;..-"
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I kItiEREAS, -1-hc Ci-ty Ensi neer has del i:t-.rni ricd -1-0 zppt-ove sai d zpp
issiic said permi-t subjec-i to ceri-ain concii-i-ions: as se-t out in said
Y/HkREAS, CEVEL_OF'E.'( is requi red undcr- -I he terms of- said perroi t
Chaoter- I I .OG io furnlsi: a bond for ftic fai-i-IifuI performance of- hi:
i. _,*"
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20 NOW, THEEEiFORE, \'iz, the DEVEI.cj~?Ef? snd -the Surety namd cn Lin:
25
22
24
Ci-t-y of Carlsbad, Staic of Cal i for-riia, hereinafter referr-cd to 6s (
' pen;,i sum 0-l' ihe ar:?oan-: sf-a-I-cd cn Li ilc 5 of Page I hereof, 1a;~fuI I
I 1
uit i -;c>cj c' ~ldle~, 1.. -- for the ?a~'i:~~~t~t of \.:hich sum \.:ell and i-ruly -t-o bc rii
27
s~verai ly, f i rrilly hy fhc\sc prescn-t-s.
-ihc condi1-iori of -thi:; o!,Ii~;:.iion is. such tha-t if fhe abovc bo !
a .’ ‘I -, e’. c-r ,,
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th9 &ric arid fulf i I I thz condi-tioris of said pzr-rni~t and said Cii2pter
any altera-tion t-hcreof n;-jd$ as -therein providsd, Oil his/her or- ihei
kept and perform--.d at -:he tirna 2nd in fhe nmnnnc?r -t-herein speci fied,
respec-i-s according -to +h?ir frus intent and rr-?aning, and shal I indc
savs harmless the CITY, i-i-s officers, agen-i-s and ernployces, as :-her
la-kd, ?hen this ob! igstion shsl I bzco,x nul I and void; o-tb,.eri.iise,
a!-,:i _. r-emain in ful i forcc and effect.
in all -f-hirlgs slab1 -to and abide by, arid well and -tr-ufy keep
As a part of +he obligation secured hereby and in addifion i-o
z;:;c)lLjzj- 5;eci -f jr.2 -i-hFre fc;r, -fhe;a 5’’: I ! be in.:;! 3622 ccsi-s 2nd r<;sso
and fees, .including reasonable a-ttorney’s fees, incurred by -the CI
fully enforcing such obligation, ali -t-o be taxcd as costs and inc!
judgmed- rendzred. 1 The SUXTY ticreby sti PL‘I ates and agrees -that r!o chartg.2, cxten
al-teriijtiorl or addi-tio:i io -the -i-erms of -;he pcrni-t or -1-0 -the vork -tl
formed ihereuridnr or -the spsci f iczi-ions acccrqanyir;~ -i-h.c: sa;:,:; shdl
aifec-t its obliya-kions oil -/-his bond, and i+ cims hereby waive r,o-til
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. ~hang~~, extension of -tir,z, aI-kei-a-fion or addition -to the terms of
to -the work or to i-hf: spsciiicafions.
I N 111 I .Ib!ESS !&IEXOF. I-h i s i rts-l.rumnt has besi> du I y executed by
I
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Assi s-tant :: known lo nie to be --.. ~ __..._ ~~.---- - ._____._ Sccre!ary ; of the corporation th:it esecuted the within Instrument, ; Gnowi1 to me to he the persons who executed ths %:thin % Instxiintiit on beh:ilf of the corporation thei-ein narfied, rind t; acknoivlcdxed to me tht :iiich corporatioil escccted the
I \ its t)o;i;d of directors.
within iii\triirrient pu:st!rint to its by-l:iws or a resoiiiticn of ' )~.'I.WFS Illy timd 2><i o,Sciai s-21.
1
Signatiii-e ./-? .--5 .fi p:J' tu I -F,O.Z~ ~r.~ p- -. ~ /dJ .-~B~<TJ kt4
> p{ n 14 .
j,rilLDRiD I. t40' .P>,.hr
NOTARY pUsi_lt - CA?ICDRN!A
SA% D!ECO CC\!?iN
(Thir Dica fo~ oflici;ll iioIilria1 sezi)
W -
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STATE OF CALIFORNIA
Los Ancjeles County of ____ _-L _.__- ~--.__-__-~ --__
1 ss. i 1
7 th I March 1980 On this._-_ .___ __.II_ .-.- day 01 _.__ __ _____ ___~, in the year __.__- ___~___
I____
CARROLL A. BRITTAIN .--~.. __ .-_____..._ __~ __.__._I ____.~ ._._____, bsfsre me, _____- __-_ _______
r.q. E. O'BRIEN Public in and for :;aid State, personal!y sFpearid.___ ~-~ .-.- _____ __~ _______.. ~ __.I_I_.__ ~ .___ ____
to me to be the person whose naim is subscribxl to the viithin instrument 2s th? Attorney-in-Fact of the A!lianz
ed thg! name :)i thqrtlljanz ]nsur;{n:-Ff Comaany, thereto and hi; oLL
Ait~riiy-i:~-Fact.
v!?dcj;er: to me that he silbsc
__..__.-... /&?$/? >..-/4 '_ - ___ .. - ~.. . -.-~. ~...~~~. i ', . -.. (.., ~ __ . -..~... .._~__
No!ary Pubiic in arrc!
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(Ch!-i F 0 2 N 1A hC K?IG','I i Z DG E h
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EXECUTIVE OFFICES
September 28, '1981
Ms. Sharon Blanding Rick Engineering Company
5620 Friars Road
Sa.2 Diego, @A 92110
Re: La Costa Reservoir Bond/City of Carlsbed
Allianz Bond ASB 90-04-31
Dear Sharon:
As you no doubt remember, the City of Carlsbad required La Costa to give 1) then a bond in the anaunt of $50,000.00 for "grading.
Although you questioned the need for the bond, we gave it
the City as they requested.
At the time we gave Sm Marcos County Water District the bond for $74,577.00, X it was understood that the grading
bond would be released. %
I understand that now the City insists that a Notice of Completion be filed by the San Narcos County Uater Distr: before they wiE1 release the grading bond.
I Etn quite surprised at the City's position because it 2:
in line with present City policy. As;you and X know, in subdivisions > the grading is alimys conpleted long before the subdivision is conpleted and the grading bond is
released long before a Notice of Completion is recorded,
It seems to me that ~?7e are ca@t bett7een the City and the San Marcos County Water District, Be thet as it may as long as the City did not mdce the inspectioqs, but
San Xarcos 6id, why won't the City release the bond u?ori
receipt of a letter frox the San Marcos inspector, cerci
to by Jim McKay, that (2) grcding has been ccxph'ced; an
(b) ;?Ll bills have been paid and lien releases obtalned.
w
-2- September 28, 1981 r Ms. Sharon BZa ing
If you agree with this approach, I would appreciate your
pursuing it so that we can finally close out the Reservoir project and get relief from our unnecessary financial burden of keeping current the unneeded bond.
Very truly yours,
RCI?JCHO LA COSTA, INC.
Burton L. Kramer senior Vice President
BLK : my
.
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EXECUTIVE OFFICES
April 20, 1981
San Edarcos County Mater District
788 San Marcos Boulevard
San Narcos, CA 92069
Attention:: Mx, James MeKay
General Manager
Gentlemen:
Pursuant to your request, please find a Labor and
Material bond in the amount of $74,577.00, covering
the warranty for labor and materials for the 12”
force main,
I: understand that with the 2elivery or’ the attached
bond, you can issue your Notice of Cmpletion. would aspreciate your informing us as to the date
on which the Notice of Completion recods.
-
We
Very truly yoursf
- RANCHO LA COSTA, INC.
Burton L. Krarrier
Senior Vice President
cc: Paul Graham
Sharon Blanding
B LX : my
>
PhVT. h-l ...I
Pi! I i an Ih I ns u ran mompany .Ic11 &p&;aa
L W30R AND PAW-ERiAL BOND &$35Wlishire Bo
P. 0. B3X 54097 1 Los Anzzles, Gal CP.LIFOFINIA - PUaLlC CONTRACT
3 KNOW ALL MEN BY THESE PRESEM7S, That R~~P;’CHO ~p, COSTA , INC . , Costa del Mar Road, Carlsbad, Calif. 32008
8s Principal, aild ALLIANZ INSURANCE COW?AIlilY a corpora
iQ execute bonds in the State of California, as Sureiy, ara heid and firm! bound unto SpJv MT
F
COUNTY V7ATER DISTRICT, 788 San Marcos Blvd.. , J an rlarcos, Ca.
as Obliges, in the sum of Seventy Four Thousand Five Hundred Seventy
74 , 577.0
for which sum we bind ourselves, our hdrs, executors, administrators, successors and assig
severally by ihesa prssents.
Qaliars ($ & 00/100ths------------------------------.---
THE CONDITION of the aSow obligation is such that, Wnereas the Principal an
runs from a storage reservoir into the District ‘TI
* of 79 enisred in?o a contract wiih the Obfrgw for Construction c
main that
Plant for the purpose of transporting reclaimed bqater.
1
P;O\l?, THEREFORE, if the said Principal of his subcontractors shall fail 1 o pay for any tnateri;
pioverider or 0th supplies, or teams, used in, upon, for or about the perforinance of the work c(
dms, or ?or any work or labor inereon of any kind, or for mounts due under Ch3 Unemployment lnst
rospct to such wolk or labor, as required by the provisions of Chapter 3 of Chision 5, Title 1 of ti.
Cod2 of ths State of California, end provided that the claiirrant shall have complied with the pro
Cods, the Surety will pay for the same, in an amount nst t?xct.ading the sun specifred in this bond a
suit is brou~3t on :he bond, a rsasonable attorney’s lee t3 be fixed by the Court, than this obligatio
Ofhmvi~E! b remain in fu[i fycs and efaci,
__
v
This ksor.d shaii inuis to t17? benefit of any and all ~”rsons entitied to frb clzims urider Seciion
ths Coda oi Gvil Proccdura, 53 as to give a right of action to than or their assigns in any suit bra
Dsild.
Aprj 1 Signed nn-! scaled this 16th day of
RANCIIO LA COSTA, INC, ...........................,........
1:: j > ‘I, L&‘
a L-: +?. 1 t -T”. . . . . . . . t Qe:?:<.> .
R\ I I?; : 2j I. L.. -
AIiianx Insurance Cornpa
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