HomeMy WebLinkAbout1986-01-28; City Council; 7125-3; AMEND CONDITION OF APPROVAL CT 82-12'. >-
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TITLE: DE ay-&z AB# ?/2 AMEND CONDITION OF APPROVAL MTG. 1/28/86 CARLSBAD TRACT 82-12 CI1
DEPT. FNG CI1
RECOMMENDED ACTION:
By motion, approve amendment to the conditions of approva
Carlsbad Tract 82-12, Carlsbad Highlands.
I T E-M, E.X P L AN A T I O,N
As a condition to the approval of Carlsbad Tract 82
Carlsbad Highlands, the owner is required to construct t
width improvements of Cannon Road from the subdivj
boundary to College Boulevard (Condition No. 45D) and t
width improvements of College Boulevard from Cannon Road t
Camino Real (Conditon No. 45E).
The owner is requesting an amendment to Conditions 45D an(
as follows:
Prior to approval of a final map over any portion
of this tentative map, the developer shall provide
for full-width right-of-way, full-width grading and
half-width improvements (excluding sidewalk and
median landscape treatment) of Cannon Road from the
subdivision boundary westerly to El Camino Real.
Staff feels that the change requested would not signific;
alter the circulation pattern. The requested change 1
provide a more complete facility as this portion of Ci
Road would align with the portion west of El Camino Rei
Kelly Ranch. The original E.I.R. addressed the alignmer
requested, however, at that time adjacent property owners
not agreeable to the alignment. Presently, the pro1
owners involved are amenable to the alignment change I
requested by the developer.
FISCAL IM,PACT
None.
EXHIBITS-
1. Amendment requests dated January 2, 1986 and Janua
1986.
2. Resolution No. 6994, Original Conditions of Approval.
3. Location Map
appro v in g amendme 4. Resolution No. /r3K 3 ,--
Conditions of Approval for CT 82-12.
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January 2, 1986
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Mr. Brad Therrien
Principal Civil Engineer 1 Y*
City of Carlsbad J@
Carlsbad, Ca. 92008 of, CPJ
1200 Elm Avenue
C\T;top,PROc @-
Dear Brad:
Condition No. 45 E of the Conditions of Approval
Carlsbad Tract No. 82-12, Carlsbad Highlands, (P.U.D. requires that Cannon Road be connected to El Camino Real by of College Blvd. By this correspondence I respectfully req this condition be modified to allow Cannon Road to be exte
westerly to El Camino Real in lieu of the College connect
The following are the reasons for this requested modificatior,
1. The City determined recently that the sewer be reloc in order to accomplish the most direct alignment an( achieve gravity flow.
2. Cannon can access the freeway in the immediate future
College Blvd. cannot.
3. This proposed modification would align Cannon Road at
El Camino Real intersection and link it's east and 1 reaches .
4. This modication requested is in conformance with Circulation Element of the General Plan recently approve(
the City Council.
5. In conjunction with other developers, the assessr
district has finalized the east west link of this a mt
arterial from Oceanside to 1-5 north of Palomar Airport
and South of Highway 78.
6. The environmental impact report for this alignment
been completed and certified and it is in the City's file
EXHIBIT 1
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We trust the above will meet with your approval and rec that this be immediately seceduled on the City Council's aqei
Very truly yours,
REc€\@
't 1986
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CI AF CARLSBAD - AGENDA .? ALL t-
TITLE TENTATIVE TRACT MAP AND PUNNED Df UNIT DEVELOPMENT - CARLSBAD HIGHLANDS c,
c I' CT 82-12/PUD-42:BARNES CORPORATION
.I AB# 7125 1
DEPT.~~
MT@. 9/7/82
RECOMMENDED ACTION:
If the Council wished to approve the Tentative Tract Map (CY and Planned Unit Development (PUD-42) , then your recommendea
: is to adopt Resolution No. 1p944
ITEM EXPLANATION
The City Council, at your meetin9 of August 17, 1982, direct City Attorney to prepare the necessary documents approving'a tive tract map (CT 82-12) and planned unit development (PUD-
Condition numbers 41, 42 and 43 have been deleted and replac the following:
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"The City Council has acquired facilities to produce reclaimed water and is doing a master plan for the us reclaimed water. In order to insure an adequate wate for the City and this development, it may be necessar- the applicant to use Type 1 reclaimed water in the COI
areas of the subdivision. This project shall comply I requirements of the reclaimed water master plan as ad( the City Council. If the plan so provides the applici
shall construct dual systems for reclaimed water in accordance with Title 17 of the Administrative Code ai
standards. The covenants, conditions and restrictions the subdivision shall provide for a homeowners associ; with the responsibility for the use of reclaimed water for the maintenance and operation of the system in acc
with City standards in the event a reclaimed water sys required. The City Engineer may require the installat
sleeves at crossing points to provide for the possibil reclaimed water service to properties adjacent to this subdivision. I'
EXHIBITS
Resolution .No. &$ qL/ , approving CT 82-12/PUD-42.
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RESOLUTION NO. 6994
A RESOLUTION OF THE crw COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING WITH CONDITIONS
TENTATIVE TRACT MAP (CT 62-12) AND PLANNED UNIT
DEVELOPMENT ( PUD-42) ON PROPERTY GENERALLY LOCATED SOUTH OF LAKE CALAVEPA AND APPROXIMATELY
1.5 MILES EAST OF EL CAMINO REAL. APPLICANT: THE BARNES CORPORATION
CASE NO. CT 82-12/PUD-42.
WHEREAS, on July 28, 1982, the Carlsbad Planning
Commission adopted Resolution No. 1989 recorninending to thr
Council that Tentative Tract Map (CT 82-12) and Planned U
Development (PUD-42) be conditionally approved; and
WHEREAS, the City Council of the City of Carlsbal
August 17, 1982 held a public hearing to' consider the
recommendations and heard all persons interested in or op
to Tentative Tract Map (CT 82-12) and Planned Unit Develo
(PUD-42) ; and
WHEREAS, said Tentative Tract Map aDd Planned Un
development have been declared to have a nonsignificant i
on the environment and a Negative Declaration was prepare
filed on July 14, 1982 in compliance with the requirement
the City of Carlsbad Environmental Protection Ordinance o
NOW, THEREFORE, BE IT RESOLVED by the City Counc
the City of Carlsbad, California as follows:
A. That the above recitations are true and corr
B. That the findings of the Planning Commissior
Resolution No. 1989 constitute t.he findings of the City C
in this matter.
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C. That said Tentative Tract Map, together with the
provisions for its design and inprovement and subject to tk
conditions of this resolution, is consistent with all applj
general and specific plans of the City of Carlsbad.
D. That Tentative Tract IMap (CT 82-12) and Planned
Unit Development (PUD-42) are hereby approved subject to a:
'' applicable requirements of the Carlsbad Municipal Code and
the satisfaction of the conditions contained in Planning
Commission Resolution No. 1989, dated July 28, 1982 marked
Exhibit A, attached hereto and made a part hereof, with til
exception of condition numbers 41? 42 and 43? which have b
' deleted and replaced with the following:
"The City Council has acquired facilities to produce reclaimed water and is doing a master plan for the us reclaimed water. In order to insure an adequate wate
for the City and this developoment, it may be necess;
the applicant to use Type 1 reclaimed water in the cc
areas of the subdivision. This project shall comply
requirements of the reclaimed water master plan as ac the City Council. If the plan so provides the applic
shall construct dual systems for reclaimed water in
accordance with Title 17 of the Adninistrative Code i
standards. The covenants, conditions and restrictioi
the subdivision shall provide for a homeowners assoc with the responsibility for the use of reclaimed watc
for the maintenance and operation of the system in ac
with City standards in the event a reclaimed water s' required. The City Engineer may require the install sleeves at crossing points to provide for the possib
reclaimed water service to properties adjacent to th
subd iv i s ion . "
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.I PASSED, APPROVED, AND ADOPTED at a regular meetin
the City Council of the City of Carlsbad, California, on t
day of September , 1982 by the following vote, to wit:
AYES: Council Phhers Casler, Lewis, Kdchin, Chick and Ar
NOES: None
ABSENT: None
g- J eL& /- MARY N.&ASLER, Mayor
ATTEST:
I,
+P - ALEIL'HA L. RAUTENKKANZ, City C
(SEAL)
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EXHIBIT I
RFSOLUTI(
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PLANNING COMKTSSION RSSOLUTION NO. 1989
A RESOLUTION OF THE PLANlJING COMMISSION OF THE
OF CARLSBAD c CALIFOi?!IA, RECOMMEXDIMG APPROVAL
561 LOT (893 UNIT) TENTATIVE TFJiCT MAP AND PLAh UNIT DEVELOPXENT ON PROFERTY GENEIUILLY LOCATED
OF LAKE CALAVEW AND APPROXIMATELY 1.5 MILES El!
APPLICANT: THE BARNES CORPORATIOM
OF EL CANINO ECAL.
CASE KO: CT 82-1 2/PUD-42
WHEREAS, a verified appli.cation for certain prc
Those portions of Lots "D" and "L" of Rancho Ag
according to Map 823 filed November 16, 1896
has been filed with the city of Carlsbad, and referred t
Planning Cornmission; and
wit:
WHEREAS, said verified application constitutes
as provided by Title 21 of the Carlsbad 13unicipal Code;
WHEREAS, the Planning Commission did, on the 2E
July, 1982, hold a duly noticed ptiblic hearing as prescr
to consider said request; and
WHEREASS, at said public hearing, upon hearing c
considxing all testimony and arguments, if any, of all
desiring to be heard, said Coxmission considered all fac
relating to the Tentative Tract Map and Planned Unit Der
NOW, THEREFOIXE, EE IT HEREBY RESOLVED by the PI
Cornmission as follows:
A) That the above recitations are true and correct.
D) That based on the evidence presented at the public I
Commission recommends APPROVAL of CT 82-1 2/PUD-42, 1 following findings and subject to the following con(
Findings:
1) The project is consistent with the city's general p'
the proposed density of 3.4 du/acre is within the clt
of 0-4 du/ncre specified for the site as indicated ( Use Element of the General Plan.
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2) The site is physically suitable for the type and de
the developnetit sincn the site is adequate in size to accommdate residentizil development at the densi
proposed,
3) The project is consistent with all city public faci
icies and ordinances since:
a} The Planning Conmission has, by inclusion of an
condition to this project, insured that the fin
not be approved unless the City Council finds t
service is available to serve the project. In
the Planning Commissior, has added a condition
shall be placed on the final map that building not be issued for the project unless the city E
determines that sewer service is available, and cannot occur within the Project unless sewer se
remains available, the Planning Commission is s
that the requirements of the public facilities
the General Plan have been met insofar as they sewer service for this project,
b) Park-in-lieu fees are required as a condition o
c) All necessary public improvements have been pro will be required as conditions of approval.
d) The applicant has agreed and is required by the of an Lppropriate condition to pay a public fac
Performznce of that contract and payment of the
enable this body to find that public facilities available concurrent with need as required by t
Plan.
e) Adequate water for the project will be provided
f) A letter has been submitted by the Carlsbad Schc
ensuring that aclequztc school facilities will b(
to this project concuirent with need.
city of Carlsbad.
4) The proposed project is compatible with the surrounc
land uses since surrounding properties are designatc residential development or open space on the Genera
5) This project as conditioned will nct cause any sign
environnental iinpacts and an Cnvironmental 'Impact RI
previously-certifiec~ for this project by the city.
6) All design criteria and development standards o€ tht
Development Ordinance arc met by this project.
PC RES0 NO. 1389 -2-
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General Conditions
1) Approval is granted for CT 32-?2/PUD-42, as shown on
"A" - "Y", dated Ju~e 15, 1382, incorporated by refe
on file in the Plainning Department. Development sh
substantially as shown uzless otherwise noted in the
tions.
This project is approved upon the express condition
final map shall not be apgroved unless the City Coun
as of the time of such approval that sewer service i to serve the subdivision.
2)
3) This project is approved uporr the express condition building perrnits will not be issued for development
subject property unless the City Engineer determines
facilities are avzilable at the time of application sewer permits and will continue to be available unti
occupancy, This note shall be placed on the final n
4) This project is approved upon the express condition applicant shall pay a public facilities fee as requ:
Council Policy No. 17, dated April 2, 1982, on file
City Clerk and incorporated herein by reference, anr .to the agreement executed by the applicant for paymt
fee a copy of that agreement dated June 22, 1982, i:
with the City Clerk and incorporated herein by refei
said fee is not= paid as promised, this application 7
consistent with the General Plan and approval for tl
shall be void.
5) The applicant shall pay park-in-lieu fees to the ci the approval of the final map as required by Chspte
the Carlsbad Municipal Code.
Planning :
6) Approval of this request shall not excuse cornplianc sections of the Zoning Ordinance and all other appl ordinances in effect at time of building permit iss
7) The applicant shall prepare a reproducible mylar of site plan incorporating the conditions contained he site plan shall be submitted to and approved by the
Director prior to the issuance of? building permits,
8) The applicant shall establish a homeowner's associa
correspcnding covenants, conditions and restriction
CC&Rss shall be submitted to and approved by the P1
Department prior to final map approval.
9) The applicant shall prepare a detailed landscape ar plan which shall be submitted to and approved by tt
Director prior to the issuance of building permits.
All parking lot trees shall be a minimum of 15 gall
size, 10)
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11) A Master Plan of the existing On-Site trees shall to the Planning DeparLnent as part of the final grc
determine which trees shall be saved prior to the .
grading permit GT a building permit, Ghichever OCCI
12) All landscaped areas shzll be maintained in a heal1 thriving condition, free from weeds, trash, and det
13) Any signs proposed for this development shall be de con2ormance with the city's Sign Ordinance and shal
review and approval of the Planning Department pric
stallation of such signs,
Trash receptacle areas shall be enclosed by a 6 foc masonry wall with gates pursuznt to city standards..
of said receptacles shall be approved by the Planni
Director.
15) ALL roof appurtenances, incluciing air conditioners,
architecturally integrated and shielded from view a
buffered froin adjacent properties and streets to th(
sakisfaction of the Planning Department and Buildin(
16) The applicant shall submit a street name list consi the city's street name policy subject to the Plannil
Director's approval prior to final map approval.
17) The project shall provide bus stop facilities at lo<
subject to the satisfaction of the North County Trar
trict, Said facilities shall. at a minimuin inclu6e i free fron advertisin3 and a pole for the bus stop si
bench and pole shall be designed in a manner so as t detract from the basic architectural theme of the pr
said design shall be subject to the approval of the
Director and North County Transit Districk.
11)
18) A11 carports located in Areas 8, 9 6 IC shall camply setbacks as shown on Exhibits "X" and I1 1 rI1 , dated Jun
1982.
19) The maintenance of the 30' wide landscaped casement, including the 8' wide pedestrian/bicycle trail, shal
responsibility of the homeowners association.
The recreational vehicle storage areas shall be cons
conformance with the requirements of Section 21-45.0'
the Planned Developmcnt Ordinance. At least one of recreational vehicle storage areas shall be installec
landscaped prior to occupancy of any units. The sea storage are2 shall be installed and landscaped prior
occupancy of any units in Phase 5,
All property lines shall be located at the top of thc
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22) A note shall be placed on the final map showing loi
238 as permanent open space lots,
Prior to occupancy of any of the multiple family UI
applicant shall construct directory signs at the el each parking area showing the location of each unil
design of these signs shall be approved by the Plai
Director and Fire Chief,
24) Approval of this project is contingent upon the ad(
the effective date of the Planned Development Ordii
City Council.
Approval of this tentative tract map shall expire '
months from the date of City Council approval unlei map is recorded. An extension may be requested by applicant. , Said extension shall be approved or del discretion of the City Council. In approving an e: the City Council may impose new conditions and may
existing conditions.
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En9 ineerinq
26) Prior to occupancy of any units, the following mit
measures shall be complied with to minimize potent
hazards at the 90" intersection of College Avenue (
Road :
A) The installation of appropriate signs with bar the end of each road indicating t'le change in
direction,
A curve warning sign with an advisory speed po
the intersection from each direction,
C) Appropriate striping and reflective buttons wi
These measures shall be subject to the City Engine
approval.
The developer shall obtain a grading permit prior comiencernent of any clearing or grading of the sit
28) The grading for this project is defined as "contro
by Section 11,06,17O(a) of the Carlsbad Municipal
Grading shall be performed under the observation o engineer whose responsibility it shall be to coord inspection and testing to insure conpliance of the the approved grading plan, submit required reports
Engineer and verify compliance with Chapter 11-06
Carlsbad Municipal Code,
29) Upon completion of grading, the developer shall in "as-graded" geologic plan shall be submitted to th
Engineer- The plan shall clearly show all the geo exposed by the grading operation, all geologic cor
B)
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center of; the road at the curve.
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measures as actually constructed and must be based map which represents both the pre and post site grc,
plan shall be signed by both the soils engineer anr engineering geologist. The plan shall be prepared
or similar drafting film and shall become a permanl
30) No Grading shall OCCUT outside the limits of the s
unless a letter of permission is obtained from the
the affected properties.
31) Additional drainage easements and drainage structu provided or installed as may be required by the Ci
32) The developer shall pay the current local drainage prior to approval of the final map or shall constr
systems in conformance with the Master Drainage P1
of Carlsbad Standards as required by the City Engi
33) Land for all public streets and easements shown on
tative map shall be dedicated on the final map and granted to city free and clear of all liens and en
34) All public streets shall be improved by the develo
the typical sections shown on the tentative map an
conformance with City of Carlsbad Standards prior of any buildings,
The design of all private streets and drainage sys
approved by the City Engineer prior to approval of
map. The structural suction o€ all private street
conform to City of Carlsbad Stacdamrds based on R-v
All private streets and drainage systems shall be
the city and the standard improvement plsn check a fees shall be paid prior to approval of the final
36) All private streets and drainage systems shall be
35)
the homeowner's associatien in perp?tuity, This I
shall be clearly stated in the CC&R's.
37) All concrete terrace drains shall be maintained bq
owner's association (if on commonly owned propert1
individual property o:mer (if on an individua1,ly c
perpetuity, An appropriately worded statement clc
identifying the responsibility shall be placed in
38) The owner of the subject property shall execute a
harmless agreement regarding drainage across the z
property prior to approval of the final map,
39) The drainage system shall be designed to ensure tl
resulting from a 10-year frequency storm of 6 houi
hours duration under developed conditions, is equ:
PC RES0 NO. 1989 -6-
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than the runoEf from a storn of the same frequency
duration under existing undeveloped conditions. Bc and 24 hour storm duratiorls shall be analyzed to dc detention basin capacities necessary to accomplish
results .
40) The developer shall comply with all the rules, reg1
design requirements of the respective sewer and wa
regarding services to the project.
The applicant shall agree to uti:lize reclaimed wat
I form, on the subject property in all common area approved by the City Engineer.
42) The reclairced water irrigztioii system shall be mai operated consistent with the requirements of the c
Catlsbad, under a contractual agreement with the h
association that is to give the city total assuran
would always have the ability to discharge the eff
43) Irrigation systems to accommodate future reclaimed
be designed and installed consistent with Title 17
California State Administrative Code and any stand by the city of Carlsbad. Offsite future reclaimed
distribution systems should be anticipated by the
of adequately sized sleeves at crossing points. to street excavation.
41)
44) Water shall be provided by the city of Carlsbad ur other arrangement is approved by City Council.
45) Prior to approval of a final map over any portion tentative niap the developzr shall provide for the
A) Installation of and easements for all water 1 to supply water and fire flow to the subdivis any upsizing necessary to serve adjacent land
requirement shall include submittal of a comp hydrau.lic network calculations for the entire area.
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B) Installation of and easements for all sewer 1
statio'is and force mains necessary to carry t
from this project to the Calavera Hills Recla 'Facility. All offsite sewer appurtenances sh designed for the ultimate area for which they
C) Full width right-of-way and full width improv
Cannon Road through the subdivision in accord
standards, including median island.
D) Full width right-of-way, full width grading a improvement (excluding sidewalks and median 1
treatment) of Cannon Road from the subdivisio College Boulevard.
PC RES0 NO. 1389 -7-
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E) ~ull width right-cf-xay, full width grading an
improvement (excluding sidewalks and median la
treatment) of College Boulevard from Cannon Ro
Carnino Real.
F) Installation of a trLfLCic signal at the inters(
Cannon Road and Street 'A'.
46) It shall be the responsibility of the developer to
the easeuients necessary for the off-site improveme city will enter into reimbursement agreements with
developer to provide reimbursement for the constru sewer system or water system appurtenances require
of that required to service this subdivision. The not, however, enter into a reimbursement agreement
reimbursement for any portion of the off-site road! cons tructicns or right-of-way acquisitions requirec this subdivision.
Sewage for this project will temporarily be treatec Encina Treatment Plant. However, the developer mu
for the systems, facilities, and easements necessa this projects sewage to its ultimata processing lo< the Calavcra Hills Sewer Reclamation Facility.
48) Prior to the issuance of a building permit for any any phase of this subdivision the developer must pi
two separate access roads hto and out the subdivi: to the approval of ti-ie Ci.ty Engineer.
49) Prior to the approval of a final map over phase for
tentative ni.ap, the developer shall provide an alter roadway outlet frorc the west end of Street 'A' to C
Boulevard, The specific alignment and design of t3
secondary access road shall be in accordance with (
standards and shall be to the satisfaction of the ( Engineer, Should the City Engineer deem it necessz signalize this proposed College Avenue interseeti01 developer shall er,ter into a secured agreement wit1
47)
for the construction of 1/4 the cost of the traffic
50) The design of 'A' street from Cannon Road to 'El' st include provision for a raised median designed in z
with city standards and to the satisfaction of the Engineer.
51) Direct access rights for all roads abutting Cannon
street and 'B' strcet, shall be waived and relinquj
final map or maps,
52) Tne 60 foot street widths shown on the tentative ma streets 3.0, 2C, 3A, 38 and the loop street west of
intersection of 'A' and 'B' streets shall be reduce
feet.
PC RES0 NO, 1989 -a-
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53) prior to approval of a final map over Phase 3 of th
map, the developer shall provide for the constructi
street (full width thxu Phase 3 and 5/2 width for t
remainder) and the section of 'A' street between th street intersections. The remainder of 'B' street
completed concurrent with Phase 4,
54) The developer shall construct desiltatj-on/detention
a type and size and at locations as approved by the
Engineer. The developer shall enter into a desiltz maintenance agreement and submit a maintenance bonc
satisfactory to the City Engineer prior to the appr final map for this project. Each disiltation basir serviced by an all weather access/maintcnance road. provisions of this agreement shall apply to any off
borrow sites which may be utilized in the construct:
project as required by the City Engineer. The on-:
association.
desiltation basins shall be maintained by 'the homec
55) The cul-de-sac street labeled "6D" on the tentatiw together with the surrounding lots shall be redesi:
provide the minimum 150 foot intersection spacing i
street. This redesign shall be subject to the appi
City Engineer and the Planning Department and :.hall
accomplished prior to the approval of a final J ;p c
three .
Fire Department
56) The aDpficznt shall submit two (2) copies of a sitc showing locations of existing and proposed fire hyc on-site roads arid drives prior to issuance of a bu
permi t.
57) An all weather access road shall be mai.ntained thrc
'58)
construction.
All required fire hydrants, wzter mains and appurt
be operztional prior to combustible building mater
located on the project site.
59) Brush clearance shall be maintained within a minim of 30 feet to each residence.
60) All fire alarm systems, fire hydrants, cxtinguishi
automatic sprinklers, and other systems pertinent
project shall be submitted to the Fire Department prior to construction,
61) All structures shall be protected by automatic fir
systems to the satisfaction of the Fire Chief unti
project is within a fj-ve minute response time oE a
Carlsbad fire station.
-9- y// C RES0 NO. 1989
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Parks and Recreation
62) The landscaping in the r.ledian islznd and along thc Cannon Road shall com2ly with the Parks and Recre;
Department's streetscapu theme,
63) The homeowner's association shall be responsible maintenance of the landscape treatment up to the ( public sidewalks.
64) The developer shall apply and germinate zn approvl part of the erosion control mez?c;ure on all graded
future consideration. This tr :tment shall be pe
immediately after the rough gzclding operation is
65) Prior to approval of any final maps for this proj applicant's landscape architect shall submit a pL planting and maintenance of all common slope area: shall classicy slopes and their required maintenar
conformance with City Council Policy No. 23.
66) Street trees shall be planted adjacent to all pub at the rate of one per lot and the trees are to bl
back from curb or sidewalk, or as otherwise appro7
Parks and Recreation Director.
PASSED, APPROVED AND ADOPTED at a regular mee
Planning Commission of the city of Carlsbad, Californi
28th day of July, 1982, by the following vote, to wit:
PAYES: Chairman Farrow, Cornmissioners Marcus
Schlchuber, Jose, Friestedt and Rawlii
NOES: None,
ABSENT: None.
ABSTAIN: None,
VERPI'ON J. FARROW, JR,,
CARLSBAD PLANNING COfllM
ATTEST:
& - & 0;. Ph$Q%c2!:m- 141CLIAEL J , ii9LZ[1%LER, Secretary
CARLSBAD PLANNING COMMISSION
PC HESO NO. 1989 -10-
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LOCATION MAP
-I-. _I - --
\ 1.
PROJECT NA~ BARNES CT82-12 CARLSBAD HIGHLANDS
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e e
RESOLUTION NO. - 8383
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO
THE CONDITIONS OF APPROVAL FOR CARLSBAD TRACT
NO, 82-1 2, CARLSBAD HIGHLANDS,
WHEREAS, on September 7, 1982, the City Council
Resolution No. 6694 establishing the Conditions of Appr
Carlsbad Tract 82-12; and
WHEREAS, the change in conditions would
construction of Cannon Road from El Camino Real to the
City boundary;
NOW, THEREFORE, BE IT RESOLVED by the City Counci
City of Carlsbad, California, as follows:
1. That the above recitations are true and correc
2. That condition number 45D 6 E be amended to re
"Prior to approval of a final map over any portion
tentative map, the developer shall provide for fu
right-of-way, full-width grading and half-width impr 1 (excluding sidewalk and median landscape treatment) o
Road from the subdivision boundary westerly to E
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PASSED, APPROVED AND ADOPTED at a regular meetin5
City Council of the City of Carlsbad, California, held
of JanuarY , 1986, by the following vote, to wit;
AYES: Council Members Casler, Lewis, Kulchin, Chick and PE
NOES : None
ABSENT: None
L,d d. &*b4 __L
G%CASLER, Mayor
ATTEST :
-
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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m rn =# - a. "
AGREEMENT FOR WAIVER OF PROHIBITION
AGAINST THE IMPOSITION OF CONDITIONS
UPON THE APPROVAL OF AN EXTENSION OF
A TENTATIVE SUBDIVISION MAP
This Agr-ement is made this 2Cl day of &?+My/
'19 - 85 between the City of Carlsbad, a municipal corporation,
(hereinafter called "City") an6 3A&u&5 t&P>.
a (hereinafter called "Subdivider").
RECITALS
b
1. Government Code Section 66452.6(e) and Carlsbad Municipal
Code Sections 20.12.110 and 10.24.180 permit Subdividers
request and City to approve, conditionally approve or der
extensions of time for the expiration of tentative maps c
tentative parcel maps (hereinafter collectively called
"Tentative Subdivision Maps").
El Patio v. Permanent Rent Control Board, 110 Cal. App.3c
915, modified 111 Cal. App 3d 788 (1380) indicates that
Government Code (Subdivision Flap Act) may not authorize
to impose new conditions; i.e., those which were not
imposed on the tentative subdivision map, upon the
extension of the time for expiration of a tentative
subdivision map, but also held that the City does have
discretion to approve or deny such extensions.
2.
I
rn - * . e,.
3. Government Code Section 66452.6(d) and Carlsbad Municipal
Code Sections 20.12.100(d) and 20.24.160 provide that
expiration of a tentative subdivision map shall terminate
all proceedings and that no final map or parcel map for an
property covered by the tentative subdivision map shall be
filed without first processing a new tentative subdivision
map .
4. Subdivider has requested City to approve the extensioin of
?& time for Tentative Subdivision Map No. fl7&2-/2
which was initially approved on 3u// 3s /9#2
Since the approval of said Tentative Subdivision Map, Cit]
has conducted studies which show that the.construction of
certain drainage facilities or thoroughfares are essential
to protect and provide for the health, welfare, and'safet
of all of the present and future residents of City,
including those who will reside in said subdivision.
6. Since the approval of said Tentative Subdivision Map, Cit
has adopted a major drainage fee or major thoroughfare fe
or both $0 provide the funds to construct the necessary
drainage facilities and thoroughfares.
Since the approval of the Tentative Subdivision Map, Cit!
has conducted studies which show the need to establish a
public facilities fee in order to provide €or public
facilities to protect the public health, safety and welf
of the present and future residents of City and to ensur
1 / b 5.
7.
2.
m i . . @ .I
that public facilities to serve the development will be
available concurrent with need as required by City's
general plan. Developer agrees to pay said fees and has
executed a contract which is on file with the City Clerk t
that effect .
8. Because the original approval of said Tentative Subdivisic
Map occurred prior to the adoption of the aforementioned
fees, City did not condition the approval of said Tentati
Subdivision Map with the payment of said fees.
9. Since the initial approval of the Tentative Subdivision F
there may have been changed circumstances which require
additional conditions of approval on the extension of the
Tentative Subdivision Nap to protect the public health ,
safety, and welfare, to mitigate affects on the environm
or to ensure consistency of the extended map with the Ci'
general plan and Municipal Code.
10. City arguably may not, without the voluntary consent of
Subdivider, impose upon the extension of said Tentative
Subdivi%ion Map conditions requiring payment of the fees
mentioned above or conditions necessary to protect the
public health, safety or welfare, or the environment or
ensure consistency with the general plan or Municipal Cc
11. Without such voluntary consent of Subdivider to the
imposition of conditions City may be required to deny
Subdivider's request for extension to ensure that the
public health, safety and welfare or the environment art
3.
9
- m *e ...-
Q
protected or that the general plan or Municipal Code
requirements are satisfied.
said Tentative Subdivision Map without assurances that the
fees mentioned above would be paid for said subdivision
would be contrary to the best interests of the City and
would threaten the City's ability to protect and provide
for the public health, safety, and welfare. Subdivider
agrees that it is in the best interest of City and
Subdivider that City be able to protect: the public health
safety and welfare, or the environment or ensure consiste
with the general plan or Municipal Code by the imposition
of conditions on the extension of tentative subdivision
maps.
Approval of the extension Of
b
12. Subdivider realizes that denial of the requested extensic
could result in the expiration of the tentative subdivis;
map. Subdivider would then be required to incur
substantial costs and time delays in processing a new
tentative subdivision map approval of which would be
subject .to new conditions necessary to ensure consistenc
of the tentative subdivision map with the Subdivision Ma
Act, the California Environmental Quality Act, Titles 19
20 and 21 of the Carlsbad Municipal Code, the City's
General Plan and to protect the public health, safety ar
welfare.
City has reviewed the Subdivider's request for an extenE 13.
' of time for said tentative subdivision map and finds thi
granting the request subject to certain conditions will
4.
.I
b
1 aD rn 'I
8 *'* -.
1.
be contrary to the public health, safety, and welfare.
NOW, THEREFORE, in consideration of the recitals and of thi
mutual convenants set forth herein, City and Subdivider agree a
follows:
1. City agrees to extend Subdivider's Tentative Subdivision M,
for one year subject to whatever new or revised conditions
City in its sole discretion deems appropriate.
2. Subdivider knowingly and voluntarily waives any and all ri
the unconditioned extension of Tentative Subdivision Map N
3. Subdivider knowingly and voluntarily consents to the impos
of a condition of approval of the extension of Tentative
Subdivision Map No.&b ULwhich requires payment of any f
which may be in effect at the time of approval of the fina
subdivision map for said subdivision or any portion therec
to the follcwing additional conditions:
CY b2-/L
This approval is expressly conditioned on the payment
the applicant of a public facilities fee as required J
City Council Policy No. 17, issued 2/24/82 and effect.
4/2/82, on file with the City Clerk and incorporated J
by reference, and according to the agreement executed
the applicant for payment of said fee. If said fee i.
paid as promised, this application will not be co.qsis
with the General Plan and the project cannot proceed (
this approval shall be void.
4. The provisions of Carlsbad Municipal Code Sections 20.12.
and 20.24.180, as appropriate, shall govern extension of
map which is the subject of this agreement.
5. If this agreement is for an extension of a tentative subd
map for a minor subdivision, the appeal of the City Engin
approval, or conditional approval, of the extension by ar
shall void this agreement unless
5.
..
e am d *e.-... t.* , . J .. ..
8
the agreement is subsequently approved by the city Counci
Any action by Subdivider to challenge the legality of thj
. agreement or any failure by Subdivider to pay the fees a
6.
comply with any other conditions applicable to the
extension shall void the approval of such extension. The
map shall not final and the development shall not proceec
ulltil a new tentative subdivision map has begn approved.
CITY OF CARLSBAD, a municipi
corporation ATTEST :
M YOR (M or Subdivisions
CITY ENG NEER (Minor Sub- divisions )
ALLTUA L. RAUTENKRhNZ, 7 . by^ City Clerk
SUBDIVIDE R
I
id */ 7
(Corpora tion )
STATE OF CALIFORNIA \ 1 ss.
COUNTY OF Orange -
On May 21, 1985 beforeme, Carol J. Thornton aNo~vpublic
in and for said State, personally appeared Jack V. Barnes
(known to me) (01 proved to me on the basis of satisfactory evidence) to be he
President, and William A. Barnes -
(known to me) (Or proved to me on the basis of satisfactory evidence) to be ='w Of the corPoration that executed the within Instrument (known to me) (or provd to me on the basis
Of satisfactory evidence) to be the persons who execu& the w;thin Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the wi&in instrument Pursuant to its by-laws or a resolution of its board of directors.
WITNfSS my hand and official seal. i
i, Signature' &.a 7
i
Vice President
i <
(1 .
Carol J. Thornton
(Thu area for officlal notanal seal) Form 3216(CA 12 82)
1
6.
e c 1
,I ' .t
4
AGREEMENT FOR WAIVER OF PROHI BITION
AGAINST THE IMPOSITION OF CONDITIONS
UPON THE APPROVAL OF AN EXTENSION OF
A TENTATIVE SUBDIVISION MAP
,
This Agrmement is made this &- day of I e f
19'~'' between the City of Carlsbad, a municipal corporation,
(hereinafter called "City" ) and *-%~?AJ'&S
a (hereinafter called "Subdivider") .
I_
cI_
C>6k?+$?.i/FkX/ f
RECITALS
*
1. Government Code Section 66452,6(e) and Carlsbad Municipal .
Code Sections 20.12.11 0 and 10.24 . 180 permit Subdividers t
request and City to approve, conditionally approve or den:
extensions of time for the expiration of tentative maps 0%
tentative parcel maps (hereinafter collectively called
"Tentative Subdivision Maps").
2. El Patio v, Permanent Rent Control Board, _- 110 tal. ~pp.3d
915, modified 111 Cal. App 3d 788 (1980) indicates that t
Government Code (Subdivision Map Act) may not authorize C
to impose new conditions; i.e., those which were not
imposed on the tentative subdivision map, upon the
extension of the time for expiration of a tentative
subdivision map, but also held that the City does have
discretion to approve or deny such extensions.
r
.+.,e m 8
b
3. Government Code Section 66452.6(d) and Carlsbad Municipal
Code Sections 20.12.100(d) and 20.24.160 provide that
expiration of a tentative subdivision map shall terminate
all proceedings and that no final map or parcel map for an
property covered by the tentative subdivision map shall be
filed without first processing a new tentative subdivision
map
Subdivider has requested City to approve the extensioin of
7y time for Tentative Subdivision Map No. f/' ru~--.t!,2 ,=.-'L~:
which was initially approved on JGAd ,s:, / fix22 .
Since the approval of said Tentative Subdivision Map, Cit)
has conducted studies which show that the. construction of
certain drainage facilities or thoroughfares are essential
to protect and provide for the health, welfare, and'safetj
of all of the present and future residents of City,
including those who will reside in said subdivision.
Since the approval of said Tentative Subdivision Map, Cit!
has adopted a major drainage fee or major thoroughfare fet
or both $0 provide the funds to construct the necessary
drainage facilities and thoroughfares.
Since the approval of the Tentative Subdivision Map, City
has conducted studies which show the need to establish a
public facilities fee in order to provide for public
4. - IC -
r-
b J
5.
6.
7.
facilities to protect the public health, safety and welfa
of the present and future residents of City and to ensure
2.
' .I ' m
that public facilities to serve the development will be
available concurrent with need as required by City's
general plan. Deveioper agrees to pay said fees and has
executed a contract which is on file with the City Clerk t
that effect.
8. Because the original approval of said Tentative Subdivisic
Map occurred prior to the adoption of the aforementioned
fees, City did not condition the approval of said Tentatiy
Subdivision Map with the payment of said fees.
9. Since the initial approval of the Tentative Subdivision M:
there may have been changed circumstances which require
additional conditions of approval on the extension of the
Tentative Subdivision Nap to protect the public health,
safety, and welfare, to mitigate affects on the environme
or to ensure consistency of the extended map with the Cit
general plan and Municipal Code.
10. City arguably may not, without the voluntary consent of
Subdivider, impose upon the extension of said Tentative
Subdivi3ion Map conditions requiring payment of the fees
mentioned above or conditions necessary to protect the
public health, safety or welfare, or the environment or
ensure consistency with the general plan or Municipal Col
11. Without such voluntary consent of Subdivider to the
imposition of conditions City may be required to deny
Subdivider's request for extension to ensure that the
public health, safety and welfare or the environment are
3,
W W 4
..I
protected or that the general plan or Municipal Code
requirements are satisfied.
said Tentative Subdivision Map without assurances that the
fees mentioned above would be paid for said subdivision
would be contrary to the best interests of the City and
would threaten the City's ability to protect and provide
for the public health, safety, and welfare. Subdivider
agrees that it is in the best interest of City and
Subdivider that City be able to protect the public health
safety and welfare, or the environment or ensure consiste
with the general plan or Municipal Code by khe imposition
of conditions on the extension of tentative subdivision
maps.
Approval of the extension of
i
12. Subdivider realizes that denial of the requested extensio
could result in the expiration of the tentative subdivisi
map. Subdivider would then be required to incur
substantial costs and time delays in processing a new
tentative subdivision map approval of which would be
subjectko new conditions necessary to ensure consistenq
of the tentative subdivision map with the Subdivision MaE
Act, the California Environmental Quality Act, Titles 19
20 and 21 of the Carlsbad Municipal Code, the City's
General Plan and to protect the public health, safety an(
welfare.
City has reviewed the Subdivider's request for an extens
' of time for said tentative subdivision map and finds thai
granting the request subject to certain conditions will I
4.
c
13.
- 4 I, I W w
be contrary to the public health, safety, and welfare.
NOW, THEREFORE, in consideration of the recitals and of the
mutual convenants set forth herein, City and Subdivider agree as
follows:
1. City agrees to extend Subdivider’s Tentative Subdivision Mz
for one year subject to whatever new or revised conditions
City in its sole discretion deems appropriate.
Subdivider knowingly and voluntarily waives any and all ri:
the unconditioned extension of Tentative Subdivision Map Nc
Subdivider knowingly and voluntarily consents to the impos:
of a condition of approval of the extension of Tentative
Subdivision Map No.&-> cj’2 which requires payment of any fc
which may be in effect at the time of approval of the fina
subdivision map for said subdivision or any portion thereo
to the follcwing additional conditions:
2.
3.
i: ,-- c. pL --{ 1-
This approval is expressly conditioned on the payment
the applicant of a public facilities fee as required b
City Council Policy No. 17, issued 2/24/82 and effecti
4/2/82, on file with the City Clerk and incorporated h
by reference, and according to the agreement executed
the applicant for payment of said fee. If said fee is
paid as promised, this application will not be cogsist
with the General Plan and the project cannot proceed a
this approval shall be void.
e
4. The provisions of Carlsbad Municipal Code Sections 20.12.1
and 20.24.180, as appropriate, shall govern extension of t
map which is the subject of this agreement.
If this agreement is for an extension of a tentative subdi
map for a minor subdivision, the appeal of the City Engine
approval, or conditional approval, of the extension by an>
shall void this agreement unless
5.
5.
., I :,:. .* . c e e
the agreement is subsequently approved by the City Council
~ny action by Subdivider to challenge the legality of thh
agreement or any failure by Subdivider to pay the fees anc
6,
comply wikh any other conditions applicable to the
extension shall void the approval of such extension. The
map shall not final and the development shall not proceed
until a new tentative subdivision map has begn approved.
CITY OF CARLSBAD, a municipa
ATTEST : corporation
b BY 7fLUY dd @Lee.,-
ALXTHA L. RAUTENKRANZ,
City Clerk
MAYOR (pajor Subdivisions)
CITY ENGINEER (Minor Sub-
divisions )
S U BD I V I D E R
Bypi':J4, /A/,~~~L,*- e-.
,.
,/-- -i. , / I -
APPRO D AS ?TO FORM:
VI1 CENT F. ,hiIONDO //fif, ity / Attorney
DANfEZ S , ''.iicMTSC&i A2sis tant -- -
City Attorney
1- By C,&[ '----- --& - i A? /
i
/ss !%WADIEGO ; > c STATE OF CALIF g COUNTYOF
0
c a -
c 0 On- ,T[m2,1984-___ ___ -,before me the undersigned a Notary Public
JACK V. mS, AND WILLIAM A. FLARNES - said State, personally appeared--- ~~
I-
C m 2
a, E <
?'
___~~_____~~ -~~ -
~~ -__~ ~~ - ___ ~ __ __ ~ ~~~
____ ____ ~____~
c
personally known to me (or proved to me on the basis of satis-
factoryedidence) to be the personjs) whose nameis) is/are sub-
scribed to the within instrument and acknowledged to me that
he/she/they executed the same
WITNESS my hand and offic.iai seal
LL
10 3
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z > U C 1 - - -
?
.
(This area for official no '4 b
t -/ mi m Signature I-' , , f/ ./