HomeMy WebLinkAbout1982-07-06; City Council; 7049-1/7050-1; EIR 81-07 Robertson Ranch Preannexational Zone Change7049-1 cnCo F CARLSBAD — AGENDJTBILL
AR# 7050-1
MTG V6/82
OEPT. CA
TITLE- EIR 81~7 ROBERTSON RANCH
PREANNEXATIONAL ZONE CHANGE, PLANNED
TTNTTT DFVFT.OPMFNT AND TENTATIVE TRACT MAP
ZC-245/CT 81-48/PUD-36 - WOODWARD
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RECOMMENDED ACTION:
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That the City Council certify by minute motion that EIR 81-7
is in compliance with CEQA and Title 19 of the Municipal Code.
If the Council wishes to approve the Preannexational Zone Change,
ZC-245, your action is to introduce Ordinance No.
If the Council wishes to approve Planned Unit Development, PUD-36,
and Tentative Tract Map, CT 81-48, your action is to adopt
Resolution No.
ITEM EXPLANATION;
The City Council at your meeting of June 15, 1982 continued your
consideration of the certification of EIR 81-7 for the Robertson
Ranch. That action was to allow staff to prepare a response to
written comments received at the hearing from CRMWD. A memorandum
from staff responding to the points raised by CRMWD is attached
as Exhibit A. The comments by CRMWD and staff response should be
considered as part of EIR 81-7. If the City Council is satisfied
your action is to certify the EIR.
At the same Council meeting the City Attorney was directed to prepare
the documents approving a preannexational zone change from county
A-l(8) to R-l. The ordinance approving the zone change is attached.
If the Council concurs your action is to introduce Ordinance No .
Council also directed our office to prepare a resolution approving
a Planned Unit Development and Tentative Tract Map (CT 81-48/PUD-36)
for the Woodward Project. A resolution in that regard is attached
which approves the project subject to the conditions as recommended
by the Planning Commission in Resolution 1960 with the exception
of condition number 41, which has been revised to key the payment
of reimbursement for Tamarack, if any, to the final map of each
phase of the development. If the City Council concurs and wishes
to approve the project your action is to adopt Resolution No.
EXHIBITS:
1. Staff memorandum
2. Ordinance No.
3. Resolution No.
A
MEMORANDUM
DATE: June 24, 1982
TO: City Council
FROM: Michael J. Holzmiller, Planning Department
SUBJECT: ROBERTSON RANCH EIR/RESPONSE TO COMMENTS FROM COSTA REAL
MUNICIPAL WATER DISTRICT
The City Council, at your meeting of June 15, 1982, requested
staff to prepare a response to a letter submitted by Costa Real
Municipal Water District regarding the Robertson Ranch EIR (EIR
81-7). The response, which was prepared by the Utilities
Department and the Planning Department, is attached. The
response together with the letter from Costa Real Municipal Water
District will be made part of the final EIR.
Attachment: Response to Costa Real Municipal Water District
Comments.
MJH:bw
6/24/82
RESPONSE TO COMMENTS RECEIVED JUNE 15, 1982,
CITY COUNCIL PUBLIC HEARING FOR EIR 81-7 (Robertson Ranch)
At the City Council hearing for EIR 81-7 the Costa Real
Municipal Water District raised two issues relating to the
Robertson Ranch project. The comments and responses are as
follows:
1. COMMENT FROM CRMWD;
Resolution 1960 of the Planning Commission does not
include specific CRMWD recommendations that the
development will be served by the District.
CITY RESPONSE;
The resolution did not include the District's
recommendation as these recommendations are
contrary to the current city position which is
outlined below. Lacking an agreement with the
CRMWD for providing distribution of water, the
city must provide the service in order to sustain
the finding that water service is available to the
project. The city is under no legal or moral
obligation to conform to District resolutions
pertaining to the provision of services for which
the city has jurisdiction. The city denies
violation of Water Code Section 71699 which
prohibits the paralleling of utility lines to
provide like services to the same parcels. These
matters are presently under litigation by suit
filed by the CRMWD.
2. COMMENT FROM CRMWD;
The CRMWD differs with the EIR response to the
issue of provision of water service to the project
and specifically to the final sentence which
indicates that the EIR cannot determine the source
of water service until the issue between the two
agencies is resolved.
CITY RESPONSE;
It is recognized that the CRMWD has transmission
lines and storage facilities to provide potable
water to the area of Carlsbad including the
Robertson Ranch. The jurisdictional issue
concerning the city and CRMWD relates to the retail
distribution of water to the project. It is the
city's position that the city will provide the
distribution services or will approve any other
arrangement in the future. CRMWD has also filed
suit relating to this matter. The EIR cannot
adequately address the issue of which entity will
provide water distribution services. However, it
should be pointed out that water service will be
available to the site.
MJH:bw
V-
RESOLUTION NO. 6928
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING WITH CONDITIONS
TENTATIVE TRACT MAP (CT 81-48) AND PLANNED UNIT
DEVELOPMENT (PUD-36) ON 120.7 ACRES OF PROPERTY
GENERALLY LOCATED ON THE NORTH SIDE OF TAMARACK
AVENUE AND EAST OF SIERRA MORENA.
APPLICANT: WOODWARD CASE NO. CT 81-48/PUD-36.
WHEREAS, on May 26, 1982, the Carlsbad Planning
Commission adopted Resolution No. 1960 recommending to the City
Council that Tentative Tract Map (CT 81-48) and Planned Unit
Development (PUD-36) be conditionally approved; and
WHEREAS, the City Council of the City of Carlsbad, on
June 15, 1982 held a public hearing to consider the
recommendations and heard all persons interested in or opposed
to Tentative Tract Map (CT 81-48) and Planned Unit Development
(PUD-36); and
WHEREAS, an Environmental Impact Report (EIR 81-7) was
prepared and certified as complete in satisfaction of the
requirements of the City of Carlsbad Environmental Protection
Ordinance of 1980 and the California Environmental Quality Act
for PUD-36 and CT 81-48;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, California as follows:
A. That the above recitations are true and correct.
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B. That the findings of the Planning Commission in
Resolution No. 1960 constitute the findings of the City Council
in this matter.
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C. That said Tentative Tract Map, together with the
provisions for its design and improvement and subject to the
conditions of this resolution, is consistent with all applicable
general and specific plans of the City of Carlsbad.
D. That Tentative Tract Map (CT 81-48) and Planned
Unit Development (PUD-36) are hereby approved subject to all
applicable requirements of the Carlsbad Municipal Code and to
the satisfaction of the conditions contained in Planning
Commission Resolution No. 1960, dated May 26, 1982 marked
Exhibit A, attached hereto and made a part hereof, with the
exception of condition number 41 to read as follows:
"The city has received a request for a reimbursement
agreement regarding the improvement of Tamarack Avenue
which is already constructed. The City Council has not
yet considered the request and the outcome is not
certain. In the event that a reimbursement agreement
district is established, the subdivider shall agree to
pay the reimbursement amount for Tamarack Avenue
frontage not to exceed 1/2 street width along each
phase of the subdivision prior to final map approval for
such phase."
PASSED, APPROVED, AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, on the 6th_
day of July , 1982 by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin and Anear
NOES: None
ABSENT: Council Member Chick
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ATTEST:
MARY H. /CASLER, Mayor
-_ £.-. U^M.ALETHA L. RAUTENKRANZ, City Olerk
(SEAL)
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5 CASE NO: CT 81-48/PUD-36
6 WHEREAS, a verified application for certain property to
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All that portion of Lots "E" and "I" of Rancho Agua8
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EXHIBIT A
RESOLUTION NO. 6928
PLANNING COMMISSION RESOLUTION NO. 1960
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL
OF A 221 LOT TENTATIVE TRACT MAP AND A 211 UNIT
PLANNED UNIT DEVELOPMENT ON PROPERTY GENERALLY LOCATED
ON THE NORTH SIDE OF TAMARACK AVENUE, EAST OF SIERRA
MORENA AVENUE
APPLICANT: WOODWARD
Hedionda according to a partition map thereof No. 823,
filed November 16, 1896
has been filed with the city of Carlsbad, and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a request <.
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 26th day of
May, 1982, hold a duly noticed public hearing as prescribed by law
to consider said request; and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persons
desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map and.Planned Unit Development.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the above recitations are true and correct
24 B) That based on the evidence presented at the public hearing, thej
Commission recommends APPROVAL of CT 81-48/PUD-36, based on the
following findings and subject to the following conditions:
Findings:
1) The project is consistent with the city's General Plan since
the proposed density of 1.7 du's/acre is within the density j
range of 0-4 du's/acre specified for the site as indicated on i
the Land Use Element of the General Plan.
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2) The site is physically suitable for the type and density of the
development since the site is adequate in size and shape to
accommodate residential development at the density proposed.
3) The project is consistent with all city public facility pol-
icies and ordinances since:
a) The Planning Commission has, by inclusion of an appropriate
condition to this project, insured 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 Planning Commission has added a condition that a note
shall be placed on the final map that building permits may
not be issued for the project unless the City Engineer
determines that sewer service is available, and building
cannot occur within the project unless sewer service
remains available, the Planning Commission 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.
b) Park-in-lieu fees are required as a condition of approval.
c) All necessary public improvements have been provided or
will be required as conditions of approval.
d) The applicant 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
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enable this body to find that public facilities will ba
available concurrent with need as required by the General
Plan.
17 e) Adequate school facilities are available to this project
pursuant to letter from Carlsbad Unified School District
dated June 15, 1981.
19 f) Assurances have been given that adequate sewer for the
project will be provided by the city of Carlsbad.
4) The proposed project is compatible with the surrounding future
land uses since surrounding properties are designated for
residential development on the General Plan.
5) An Environmental Impact Report has been certified for this
project, therefore, all requirements of the Carlsbad
Enviromental Protection Ordinance have been met.
Conditions:
1) Approval is granted for CT 81-48/PUD-36, as shown on Exhibit
"A", dated May 4, 1982, Exhibit "B", dated May 21, 1982, and
Exhibits "D", "F", "G" and "H", dated December 7, 1981,
incorporated by reference and on file in the Planning
Department. Development shall occur substantially as shown
unless otherwise noted in these conditions.
PC RESO NO. 1960 -2-
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2) This project is approved upon the express condition that 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.
3) This project is approved upon the express condition that
building permits will not be issued for development of the
subject property unless the City Engineer determines that sewei
facilities are available at the time of application for such
sewer permits and will continue to be available until time of
occupancy. This note shall be placed on the final map.
4) This project is approved upon the express condition that the
applicant shall pay a public facilities fee as required by CitT
Council Policy No. 17, dated August 29, 1979, on file with the
City Clerk and incorporated herein by reference, and according
to the agreement executed by the applicant for payment of said
fee a copy of that agreement dated June 15, 1981, is on file
with the City Clerk and incorporated herein by reference. If
said fee is not paid as promised, this application will not be
consistent with the General Plan and approval for this project
shall be void.
5) The applicant shall pay park-in-lieu fees to the city, prior t<
the approval of the final map as required by Chapter 20.44 of
the Carlsbad Municipal Code.
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6} Approval of this request shall not excuse compliance with all
sections of the Zoning Ordinance and all other applicable city
ordinances in effect at time of building permit issuance.
Planning Department
7) The applicant shall prepare a reproducible mylar of the final
site plan incorporating the conditions contained herein. Said
site plan shall be submitted to and approved by the Planning
Director prior to the issuance of building permits.
8) The applicant shall establish a homeowner's association and
corresponding covenants, conditions and restrictions. Said
CC&R's shall be submitted to and approved by the Planning
Department prior to final map approval.
9) The applicant shall prepare a detailed landscape and irrigatxo
plan which shall be submitted to and approved by the Planning
Director prior to the issuance of building permits.
10) All landscaped areas shall be maintained in a healthy and
thriving condition, free from weeds, trash, and debris.
11) Any signs proposed for this development shall be designed in
conformance with the city's Sign Ordinance and shall require
review and approval of the Planning Department prior to in-
stallation of such signs.
PC RESO NO. 1960 -3-
12) All roof appurtenances, including air conditioners, shall be
architecturally integrated and shielded from view and the sound
buffered from adjacent properties and streets to the
satisfaction of the Planning Department and Building Director.
•f0 13} The applicant 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.
K 14) The project shall provide bus stop facilities at locations
subject to the satisfaction of the North County Transit Dis-
trict. Said facilities shall at a minimum include a bench,
free from advertising and a pole for the bus stop sign. The
' bench and pole shall be designed in a manner so as to not
detract from the basic architectural theme of the project and
said design shall be subject to the approval of the Planning
Director and North County Transit District.9
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5) Approval of Tentative Tract No. CT 81-48/PUD-36 is granted
subject to approval of Zone Change 245 and to approval of the
annexation of the property to the city of Carlsbad.
6) Approval of this tentative tract map shall expire twenty-four
months from the date of City Council approval unless a final
map is recorded. An extension may be requested by the ap-
plicant. Said extension shall be approved or denied at the
discretion of the City Council. In approving an extension, the
City Council may impose new conditions and may revise existing
conditions.
17) All slopes shall be maintained in accordance with the
maintenance plan (Exhibit T, dated December 8, 1981). Said
maintenance shall be clearly outlined in the CC&R's.
18) The applicant shall provide RV parking pursuant to the city's
Planned Development Ordinance standard for RV parking in effect
at the time of the issuance of the first building permit.
Ingineering
19) The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
20) The grading for this project is defined as "controlled grading"
by Section 11.06.170(a) of the Carlsbad Municipal Code.
Grading shall be performed under the observation of a civil
engineer whose responsibility it shall be to coordinate site
inspection and testing to insure compliance of the work with
the approved grading plan, submit required reports to the City
Engineer and verify compliance with Chapter 11.06 of the
Carlsbad Municipal Code.
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provided or installed as may be required by the City Engineer.
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24) The developer shall pay the current local drainage area fee
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21) Upon completion of grading, the developer shall insure that an
"as-graded" geologic plan shall be submitted to the City
Engineer. The plan shall clearly show all, the geology as
exposed by the grading 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 mylar
or similar drafting film and shall become a permanent record.
22) No Grading shall occur outside the limits of the subdivision
unless a letter of permission is obtained from the owners of
the affected properties.
23) Additional drainage easements and drainage structures shall be
prior to approval of the final map or shall construct drainage
systems in conformance with the Master Drainage Plan and City
of Carlsbad Standards as required by the City Engineer.
25) Land for all public streets and easements shown on the ten-
tative map shall be dedicated on the final map and shall be
"granted to city free and clear of all liens and encumberances.
26) All public streets shall be improved by the developer based on
the typical sections shown on the tentative map and in
conformance with City of Carlsbad Standards prior to occupancy
of any buildings.
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27) The developer shall comply with all the rules, regulations and
17 design requirements of the respective sewer and water agencies
regarding services to the project.
28) All concrete terrace drains shall be maintained by the home-
owner's association (if on commonly owned property) or the
individual property owner (if on an individually owned lot) in
perpetuity. An appropriately worded statement clearly
identifying the responsibility shall be placed in the CC&R's.
29) Direct access rights for all lots abutting Tamarack Avenue and
Pontiac Drive shall be waived and relinquished on the final
map
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30) Prior to the occupancy of any unit within this subdivision, the
developer shall install a G foot chain link fence, or an
acceptable alternative, on both sides of the existing concrete
drainage channel, for its entire length along the subdivision
boundary. The developer shall also install landscaping and
irrigcition on the southside of the southerly fence, to screen
the fences from view from Tamarack, Avenue. The landscape and
irrigation plan shall be as approved by the Parks and
Recreation Director.
PC RESO NO. 1960 -5-
31) Water shall be provided by the city of Carlsbad, unless some
other arrangement is approved by the City Council.
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32) Prior to the issuance of any building permits for any dwelling
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the City Engineer and Fire Marshall,
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33) The developer shall construct a desiltation basin of a type
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weather access/maintenance road,
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34) The owner of the subject property shall execute a hold
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property prior to the approval of the final map.
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35) The applicant shall agree to provide for the utilization of
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common areas as approved by the City Engineer
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36) The reclaimed water irrigation system shall be maintained and
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units beyond the first 120 units, the subdivider shall
construct a 16' wide all weather temporary fire access road The
precise location and design of this road shall be determined by
and size, and at a location, as approved by the City Engineer.
The developer shall enter into a desiltation basin maintenance
agreement and submit a maintenance bond satisfactory to the
City Engineer prior to the approval of the final map for this
project. The desiltation basin shall be serviced by an all
harmless agreement regarding drainage across the adjacent
operated consistent with the requirements of the city of
Carlsbad, under a contractual agreement with the homeowner's
association that is to give the city total assurance that they
would always have the ability to discharge the effluent.
137) Irrigation systems to accommodate future reclaimed water shall
be designed consistent v/ith Title 17 of the California State
Administrative Code. Offsite future reclaimed water
distribution systems should be anticipated by the installation
of adequately sized sleeves at crossing points to minimize
street excavation.
38) No specific development has been approved for lots 1 and 37
designated "future condominium site" as shown on the tentative
map for this project. Prior to the construction of any
condominium units within these lots the developer shall
process a separate tentative map and condominium permit with
the city. A note to this effect shall be clearly stated on
the final map for this subdivision.
39) All private streets and drainage systems shall be maintained by
the homeowner's association in perpetuity. This responsibility
shall be clearly stated in the CC&R's.
40) Bulk grading of the future condominium site is permitted if
consistent with all city codes, other conditions of this
resolution and the Environmental impact Report.
PC RESO NO. 1960 -6-
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the subdivision prior to final map approval for Phase 1
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2) An all weather access road shall be maintained throughout
' construction.
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1) The city has received a request for a reimbursement agreement
regarding the improvement of Tamarack Avenue which is already
constructed. The City Council has not yet considered the
request and the outcome is not certain. In the event that a
reimbursement agreement district is established, the
subdivider shall agree to pay the reimbursement amount for
Tamarack Avenue frontage not to exceed 1/2 street width along
13) All required fire hydrants, water mains and appurtenances shall
be operational prior to combustible building materials being
located on the project site.
14) Fire retardant roofs are required on all structures.
15) Brush clearance shall be maintained within a minimum distance
of 30 feet to each residence.
46) All fire alarm systems, fire hydrants, extinguishing systems,
automatic sprinklers, and other systems pertinent to the
project shall be submitted to the Fire Department for approval
prior to construction.
47) A fuel break to buffer the units along street L from the
natural vegetation shall be developed to the satisfaction of
the Fire Department.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the city of Carlsbad, California, held on the
26th day of May, 1982, by the following vote, to wit:
AYES: Farrow, Rombotis, Schlehuber, Friestedt, Rawlins
NOES: None
22 ABSENT: Marcus, Jose
ABSTAIN: None
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ATTEST:
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VERNON J. FARROW, JR., Chairman
CARLSBAD PLANNING COMMISSION
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JAMES C. HAGAMAN^xSecretary
2ARLSBAD PLANNING COMMISSION
(PC RESO NO. 1960 -7-
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ORDINANCE NO. 9633
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 GR7\NT A PREANNEXATIONAL ZONE CHANGE (ZC-245)
FROM A-1(8) (COUNTY) TO R-1 (CITY) ON PROPERTY
GENERALLY LOCATED ON THE NORTH SIDE OF TAMARACK
AVENUE, EAST OF SIERRA MORENA.
APPLICANT; WOODWARD CASE NO. ZC-245.
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 (ZC-245) from A-1(8) (County) to R-1 (City) on property as
shown on the map marked ZC-245'™ Exhibit A, attached hereto and
made a part hereof.
SECTION 2: This project is approved upon the express
condition that the applicant shall pay a public facilities fee
as required by City Council Policy No. 17, dated August 29f
1979, and amended on April 2, 1982, on file with the City Clerk
and incorporated herein by reference, and according to the
agreement executed by the applicant for payment of said fee a
copy of that agreement dated June 15, 1981, is on file with the
City Clerk and incorporated herein by reference. If said fee is
not paid as promised, this application will not be consistent
with the General Plan and approval for this project shall be
void. Said fees shall be paid based on the April 2, 1982
version of Policy No. 17.
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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 adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the __6th____ day of ^July _,
1982, and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the 20th day of July , 19_82_, by the
following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Anear
NOES: None
ABSENT: None
MARY H.o-CASLER ' M^yor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
2.
P
AP:
G ^r^TftK^/SiVe«^ l W-a'MM
EXHIBIT A
ORDINANCE NO. 9633
A-1-3
CASE MQ.ER3i"7/ZC245/CTS1"48/PUP'-36
APPLICANT. JiQBE