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HomeMy WebLinkAbout1986-04-01; City Council; 8568; RANCHO SANTA FE ROAD ASSESSMENT DISTRICT PROPOSALu .rl L) u $4 (I) .rl a a, w 0 .rl g u cd k E w 0 a, 5 el4 3 a aJ L) a, k 0 a u 0 4-1 u ul 5 u a, 0 a, a rl -4 5 5 +I (d k .rl : 3 0 u Q 00 I rl I 4- .. z 0 E a s z 3 0 0 n=i L9 CIWOF - CARLSBAD - AGENOBILL w AB# J?S?bY TITLE: DEP; CITY MTG. 04/01/86 RANCHO SANTA FE ROAD ASSESSMENT DISTRICT PROPOSAL DEPT. ENG CITY RECOMMENDED ACTION: That findings of the Project Review Committee and determine whether or approve proceeding with the formation of the district. the City Council review the proposed assessment district, consid ITEM EXPLANATION The City is in receipt of a letter dated February 21, 1986, fc requesting the City to initiate a proposed assessment district for fir public improvements on Rancho Santa Fe Road. In accordance wit Council Policy No. 33, for the use of 1915 Act Bonds, the Project Committee consisting of the City Manager, Planning Director, City En! Director of Utilities/Maintenance and City Attorney convened to revj proposal and prepare a written recommendation to the Council. The Council in adopting Policy No. 33 has determined that tax financing to the City can be found. Under the policy such a benefit can only b for the construction of arterial streets necessary not only to s individual developer but also to link the circulation arterial system the community. The District may include sewer and water lines if t Engineer it is necessary that they be located within the right-of-way. Incidentals such as drainage facilities located wi eligible arterial highway may also be included. The Project Review Committee references the attached Agenda Bill Nc 111, dated September 3, 1985, titled "789 Unit Tentative Tract Planned Unit Development, CT 85-6/PUD-80 Daon Southwest." Conditior 78, which essentially states the following: of this type should only be used if a substantial public determines 1. Daon is fully responsible for all improvements on Rancho F Road between Olivenhain Road and south of La Costa Avenue. Daon is responsible for financing the improvements on Ranchi Fe Road north of La Costa Avenue to Melrose Avenue via any I acceptable financing vehicle, for example, assessment dis' bond agreement, etc. 9 once approved by the City Council, I final map approval. 2. After due consideration, it is the judgement of the Project Review C that the attached request can be found to be in accordance Council's Policy. The Daon Corporation proposal asks that the as district for Rancho Santa Fe will be divided into two separate p (1) improvements from Olivenhain Road to La Costa Avenue which constructed immediately; and (2) improvements from La Costa P Melrose Avenue will be constructed at a future date which will be de once the proposal for the assessment district is approved. All impr will include underground utilities. e e Page 2 of Agenda Bill No. x56r If the City Council is satisfied that the basic requirements of the are met for this proposal and desires to proceed with the formatic District, the Committee recommends you do so in accordance with this I Should the City Council agree to form the assessment district, the F Review Committee will interview and recommend a team of consultar their fees to the City Council at a future date for approval. FISCAL IMPACT Council Policy No. 33 requires all costs including staff time to be 1 the applicant subject to reimbursement should the district be confirmi EXHIBITS 1. Location Map. 2. 3. Council Policy No. 33. 4. Assessment District Proposal - Rancho Santa Fe Road. Agenda Development. CT 85-6/PUD-80-Daon Southwest. Bill No. 8294411, "789 Unit Tentative Tract Map and Plann 5. Letter dated March 25, 1986 to Frank J. Mola from City Manager. 0 LOCATION MAP r I LEGEND IMPROVEMENTS WHICH WOULD BE CONSTRUCTED IMMEDIATELY ......... IMPROVEMENTS WHICH WOULD BE \\ vlcm MA ......... ......... CONSTRUCTED AT A LATER DATE N.1.S. I I PROJECT NAME PaoJ.NO. t RANCHO SAN-bA FE ROAD _I - c / L - 0 0 CP .@i"5. a4oNCoRpoRATlON . 5150 AVENIDA ENCINAS, CARCSBaD, CALIK>RNIA92W8 TELEPHONE (619) 931-12; February 21, 1986 RECEIVED Mr. Frank Aleshire City Manager City of Carlsbad Carlsbad, CA 92008 Re: Request to Petition for Assessment District Financing Dear Mr. Aleshire: By this letter, Daon Corporation would like to formally requ . the. City. :of Carlsbad to initiate .processing an application- % * '**Assesbment District 'financing for the construction of Ran Santa Fe Road (includi underground utilities) using the 1 Act Assessment District bond program. As this major arter street provides a significant public benefit not only to prospective residents of the area but to the entire community, feel this request complies with the City of Carlsbad's Coun Policy Statement addressing the use of public financing in 1 of private financing for public improvements. The anticipated area to be included in the district has approved Master Plan, which will allow the Project Rev Committee to adequately assess public financing criteria prior rendering a recommendation to the City Council. We envision that the improvement of Rancho Santa Fe Road will broken into two separate projects: 1) Improvements from Olivenhain Road to La Costa Aver 2) Improvements from La Costa Avenue to Melrose AVE The amount to be financed should be reduced by the funds be apportioned through the newly approved San Marcos Redevelopn Agency. Also, a reduction should be made for monies the Trasl: Energyk improv ment of Rancho Santa Fe Road. CITY OF CARLSSAD 1200 Elm Avenue EMGINEERING DEPARTMEN i Public Improvements - Rancho Santa Fe Road .: which would be constructed immediately; will be constructed at some later date. Plant has been conditioned to contribute to 0 e 0 Mr. Frank Aleshire February 21, 1986 Page 2 After you have reviewed this request, please call to arranq meeting in order to discuss in further detail the implementat of this Assessment District. 3 Frank J. Mola Asset Manager e. . -. .. .. . k .. 4 .* FJWie. . . . . *. f , r 0 CITY OF CkRLSEkD COUNCIL POLICY STATEMENT Genera1 ’*Iect i OF PUBLIC IKPROVEMENTS Specific Subject: Policy for Use of * j Policy No, 33’ 5 Date Issued Effective Date Cancellation Di Supersedes No. ASSESSMENT DISTRICT FINANCING 1915 Act Bonds Copies to: City Council, City Manager, City Attorney, Deparu Division Heads, Employee Bulletin Boards, Press, I BACKGROUND: The City Council has received several requests from property major planned developments to use 1915 Act assessment distri financing for public improvements to be constructed as a con such developments. The City Council has determined that tax financing and 1915 Act bonds should only be used if a substr public benefit to the City can be found. Council has detern further that such a benefit can be found in the constructior arterial streets that are necessary, not only to serve an ix development, but also to link communities within the City, assessment district financing for arterial- streets may .inclt -** and wafer’lines when the Ciky Engineer determines It is nece they be located within the street right of way. Projects m include other incidental construction such as drainage facil located within an eligible arterial highway. Council has also determined that it is necessary to establia circumstances under which the City Council will approve ass€ district financing as a guide to those who would seek to rec PURPOSE : To establish a policy regarding the requirements which must before the City Council will approve the financing of public improvements using 1915 Act assessment district bonds, To establish a procedure for processing applications for ass district financing and a staff review committee to apply thc requirements of this policy to such applications, The comm also consider recommending that the City initiate a districi This policy is primarily intended to apply to assessment di: proposed for property which is predominantly undeveloped whc developers in the area propose to use public financing in 1: private financing for appropriate public improvements. POLICY: 1. The City may allow the financing of public improvements provisions of this policy where the public facilities repre! the City’s opinion, a significant public benefit not only tc prospective residents of the development but to the entire community. mfi .. 0 'CITY OF CARLSBAD '1 COUNCIL POLICY STATEMENT ASSESS!.IENT DISTRICT FINANCING OF PUBLIC 1-WROVEHEXTS General Subject:- Specific Subject: Policy for Use of 1915 Act Bonds 33 P Policy No. 3/ 2 Date Issued . Effective Date5 cancellation Dal Supersedes No. .._. Copies to: City Council, City Manager, City Attorney, Departml Division Heads, Employee Bulletin Boards, Press, F 2. Facilities which may be considered shall be public facilj dedicated rights-of-way or easements, and for which a public has on-going responsibility to maintain and operate. The tyE facilities to be financed are limited to: (a) Arterial streets identified on the circulation elemc (b) Sewer and water lines to be located within the righi of arterial streets when the City Engineer determint necessary that they be so located. Drainage facilities and public utilities may be inc: which are appurtenant and incidental to such street: 3. Project property value to lien ratio should be 4:l after installation of the improvements to be financed. A project - approved with a ratio between 4:l and a minimum of 3:l if th recommended by both bond counsel and the underwriter and if Council finds the reduced ratio will not materially affect t obligations to the district. The value of the property prop( assessed shall be determined by an M.A.I. appraisal, perform1 appraiser selected by the City. 4. Projects shall be at the stage where all criteria of thi can be adequately assessed ., Developments proposed for inclu district shall have already received environmental review an( have already received all legislative approvals such as zoni* master plans or specific plans. The City Council may approv district that includes some lands without legislative approv the improvement to be constructed is consistent with the gen and if the City Council finds the improvement is required in public interest. 5. Assessment districts shall have the concurrence of the e area's property owners representing not less than 60 percent of the land proposed to be assessed. The petition shall inc acceptance of this policy and a waiver of the property owner under the Majority Protest Act. 6. The City shall select the assessment engineer, bond coun if required, the financial consultant. In making such selec the Carlsbad General Plan. ... -. -. .~ .. . . . . -. .. . (c) 4 c r a CITY OF CARLSBAD COUNCIL POLICY STATEMENT OF PUBLIC I-WROV~IENTS e General s&ject:-ASSESSmNT DISTRICT FINANCING specific Subject: policy for Use of 1915 Act Bonds 33 P Policy No. Date Issued *5/ Effective Date Cancellation Da Supersedes No. e.- Copies to: City Council, City Manager, City Attorney, Deparm Division Heads, Employee Bulletin Boards, Press, F City will take any suggestions from the project proponents i account. The design engineer and underwriter may be selecte proponent of'the district in consultation with and subject t of the City. 70 A sum sufficient to pay all fees and costs for the prop0 assessment district prior to award of contract shall be depo the City by the proponents of the district. The proponents be required to deposit with City a sum sufficient to cover i costs incurred in connection with review of a proposed distr * including gtaEf reyiew, , legal ..-review, administration, pian c investigation, City Council review and inspection. These SL retained by City to the degree used if the district is not s fully completed or if such costs dre not recovered by City f district. If the district is confirmed any sum not retained shall be refunded in cash or applied as a credit against the assessments at the option of the proponents. 8. Improvements shall be constructed in accordance with the Improvement Act of 1913, and the assessment district bonds : issued in accordance with the Improvement Bond Act of 1915 i City Council determines otherwise. 9. Generally, there shall be no overlapping bond assessment liens on the proposed special assessment district at the til assessments are to be affirmed by the City. The City Counc advice of bond counsel may approve an overlap provided the assessments are within the property value ratios of paragra] this policy. 10. The proponents of the district must demonstrate to the satisfaction of the City Council that interim financing or l is available for the developments to be included within the adequate to meet all assessment obligations between the tim district is formed and the pay off of the bonds or their as the purchasers of the individual homes within the proposed ment. As part of this review the City Council may also con indebtedness presently existing against the properties to b assessed. The district proponents must bring all property current and agree to keep them current prior to confirmatio district. e.. 33 PI iCITY OF CARLSBAD 'i Policy Bo. COUNCIL POLICY STATEMENT Date Issued 5/; ASSESSMENT DISTRICT FINANCING General -Ject%F PUBLIC IMPROVErllENTS Specific Subject: Policy for Use of Cancellation Da< Effective Date 1915 Act Bonds Supersedes No. Copies to: City Council, City Manager, City Attorney, Deparmc Division Heads, Employee Bulletin Boards, Press, F: 11, If the City Council determines it is necessary a financi feasibility study may be required by a consultant selected by to be accomplished at the expense of the proponents of the di ascertain whether or not the proposed development will find II acceptance. The City Council may accept a private sale bond agreement from a qualified underwriting firm on terms and con satisfactory to the City in lieu of such a study, 12. As a part of the structuring of the financing for the dj the City Council shall require that an adequate reserve fund established to cover City's obligations for any potential dei 13. The Ci'ty 'Cou'ncil may require 'the district propbnents ent an agreement with the City to be individually and jointly rea for the cost of any foreclosures *hich the City determines ax necessary in regard to the assessment district bonds. The C1 be responsible for retaining an attorney to prosecute the for in a timely manner in the name of the City and the proponente agree to be responsible for all costs of such foreclosures. City Council approves a pass through of a bond to the purchas individual lot the proponents shall be relieved of their obli under the agreement for such lot. * 14. It is the policy of the City Council in approving basic legislative authorization for developments such as master ple planned communities, to give such approvals as a part of the ongoing planning processes, That is, the City reserves the I modify the approvals in the future as they determine the pub! interest may require. Such approvals when given are subject condition that the construction of any part of a development vest any rights to complete other portions of the development Construction of public improvements pursuant to an assessmen! in undeveloped land shall not vest any rights to the existin5 legislative approvals for the property to be assessed or to i particular level, type or intensity of use. Proponents of a shall include an acknowledgement of this policy as a part of petition and shall expressly waive on their behalf and on bet their successors and assigns any cause of action based on thc Fury v. County of Sacramento which might be applicable to thc properties to be assessed, 15. Proponents of the district may elect at their discretioi discharge the assessment district bonds applicable to their 1 .* .. s. . r CITY OF CARLSEAD Policy No. 33 P COUNCIL POLICY STATEMENT Date Issued 5 ASSESSI~ENT DISTRICT FINANCING Genera1 Subject' op PUBLIC IMPROVEPgNTS Specific Subject: Policy for Use of Effective Date Cancellation Da Supersedes No. 1915 Act Bonds Copies to: City Council, City Manager, City Attorney, Departmi Division Heads, Employee Bulletin Boards, Press, F. at any time prior to the sale of individual lots. The City ( may approve a pass through of the bond obligation to a prospc purchaser. A developer wishing to secure approval of a pass is required to provide for full disclosure of this and any ot assessment financing applicable to the property to prospectit purchasers. In advertising the price of the housing the advc amount shall include the amount of assessment district bonds property. The prospective purchaser shall be given an optior the assessment lien discharged prior to close of escrow or tc the assessment lien by a pass through as a part of the sales the house. 16. The principal purpose for the City Council's approval oi assessment district financing is to complete the links in thc circulation system. The City Coudcil in that regard will not proposed district which contemplates the construction of a pc an arterial street without extending it in a logical way to 1 the City's existing circulation system. The City may requirc proponents of a district presenting a petition to expand the be included within a proposed district as may be necessary tc such circulation links. PROCEDURE: 1. It is the intention of the City Council that proponents ( district have an early opportunity to have the proposal revic City staff for compliance with this policy. In that regard, Council hereby directs the creation of the Project Review Coi The Committee shall consist of the City Manager, Land Use Pli Manager, City Engineer, Director of Utilities and Maintenancc Attorney. The Committee shall meet on request with proponen' district to review a project to determine whether or not the requirements of this policy have been satisfied. Committee shall take place prior to the presentation of an assessment project to the City Council. Whenever any such project is p to the Council it shall be accompanied by a report containin findings and recommendations of the Committee made in regard project. The Committee may require the proponents to furnis information necessary to the evaluation of the proposed dist Committee may require all or any part of the deposits provid this policy to be made prior to commencing their review of t project. .' . ,. *", , .*. -: .** i 1 eITy OF cAF.Lsm Opo3icy Eo. 33 COUNCIL POLICY STATEMENT General sa jectt ASSESSlIENT DISTRICT FINANCING - OF PUBLIC IWROVEXINTS Specific Subject: policy for Use of 1915 Act Bonds Date Issued 5/2 Effective Date Cancellation Da Supersedes No. Copies to: City Council, City ~anager, City Attorney, DePar-4 Division Heads, Employee Bulletin Boards, Press, F: 2. Upon review of the proposed assessment district and after considering the report of the Committee the City Council shal determine whether or not to approve proceeding with the forma the district'. It is the policy of the City Council of the Cf Carlsbad to limit projects to the criteria set forth in this The City Council reserves to itself the authority to approve disapprove any proposed improvement district based upon the e received at the hearings held by the City Council. Any excel the criteria of this policy will be approved only upon an ex1 finding by the City Council that the project is so effected t public interest that the City should assist in providing tax financing for the improvement in order to satisfy a public nt 1 ... the City. Council approves *proceeding with the 'formatibn' of 't? district City staff and the proponents shall proceed to do tk r AB# 8294-#1 TITLE: 789 UNIT TENTATIVE TRACT MAP AND MTG. 9/3/85 PLANNED UNIT DEVELOPMENT. CA CT85-6/PUD-80 - DAON SOUTHWEST DEPT. *D C c 4 9 E 8 0 rc( la 5 > 0 e Q c, a m a 8 cn I cr) I rn 2 0 F 0 U i 0 2 3 0 0 a OF CARLSBAD - AGBk-. BILL RECOMMENDED ACTION: If the City Council wishes to approve CT 85-6/PUD-80 your action is to adopt Resolution No. 8167 . ITEM EXPLANATION The City Council at your meeting of August 20, 1985 directec office to prepare a resolution approving CT 85-6/PUD-80. The resolution we have prepared carries forward the conditic of approval as recommended by the Planning Commission as modified by the City Engineer's memoradum of August 13, 198! the Council's directions at your meeting of August 20, 1985 You should review them to insure that we hae accurately reflected your intentions in the matter, in particular, wit1 regard to the developer's obligations for the construction 1 Rancho Santa Fe Road from Olivenhain Road to Melrose Drive. EHXIBIT Resolution No. r[67 1 2 3 4 5 6 7 8 9 10 11 12 13 I P a m $2 q RESOLUTION NO. *I6’ -- .- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 789 UNIT TENTATIVE TRACT MAP (CT 85-6) AND PLANNED UNIT GENERALLY LOCATED NORTH OF THE INTERSECTION OF RANCHO SANTA FE ROAD AND OLIVENHAIN ROAD. APPLICANT: DAON SOUTHWEST CASE NO: CT 8S-6/PUD-8O0 --- DEVELOPMENT ( PUD-80) ON 11 1 ACRES ON -PROPERTY WHEREAS, on July 10, 1985, the Carlsbad Plannin Commission adopted Resolution No. 2449 recommending to t Council that Tentative Tract Map (CT 85-6) and Planned C Development (PUD-80) be approved: and WHEREAS, the City Council of the City of Carls August 20, 1985 held a public hearing to consider the recommendations ?nd heard all persons interested in or Tentative Tract Map (CT 85-6) and Planned Unit Developm “ZSS b>g $tu- 15 0x2 :id” 5282 16 80); and WHEREAS, said Tentative Tract Map and Planned 0,8”-$ >s 6 st U d 171 Development have been declared to have a nonsignificant the environment and. a Negative Declaration, dated June \ 1 2 3 4 5 6 7 8 9 10 II l2 13 0 a m Y oza $5 B g:s$ 14 s>>o mC-'3 or< fp z& 16 mo-; '5 4 17 15 0 >.o 18 6 e @ -- I. Finding No. 9 is added to read as follows: "9) Pursuant to the La Costa Master Plan the -- council has considered the approval of four projects, C LCDP 85-8, Vista Santa Fe: CT 85-15, LCDP 85-2, Park Vi CT 85-1lP PUD-86, Vista Santa Fe; and CT 85-6-PUD-80, D SoutIiZEsiThese projects will add a substantial amoun traffic to Rancho Santa Fe Road which is already operat its design capacity. These four projects have been con with interrelated conditions insuring that Rancho Santa will be improved from Olivenhain Road to La Costa Avenu occupancy of any of the homes within the four projects the City Council will determine the timing and extent a improvements to be required for the remaining portion a Santa Fe Road between La Costa Avenue and Melrose Drive final map approvals. The City Council has determined i approving these projects that the public facilities ele the general plan requires the Council to utilize its au under the La Costa Master Plan to advance the improveme schedules for Rancho Santa Fe Road and impose these con because such improvements are necessary to take care of traffic front these projects and that in the absence of construction of Rancho Santa Fe Road these projects cou approved." I C. That said Tentative Tract Map, together Wi provisions for its design and improvement and subject t conditions of this resolution, is consistent with all B general and specific plans of the City of Carlsbad. D. That Tentative Tract Map CT 85-6 and Pfanr Development PUD-80 are hereby approved subject to all 2 I 1' 1 20 21 221 23 24 25 26 27 za requirements of the Carlsbad Municipal Code and to the satisfaction of the conditions contained in Planning Cc Resolution No, 2449 dated July 10, 1985 marked Exhibit hereto and made a part hereof, with the exception of tk following additional conditions and revisions: 2. Condition No. 79 is revised by the additic following: "The limit on the amount of the fee is based ( City Engineer's estimate. If the City Council finds ti cost of improvements require a higher fee, then the del shall agree to pay that fee as determined by the City ( 1 2 3 4 5 6 7 8 9 10 u' l2 l3 4U 21 j32g v y1 ' l4 15 g=<k >go ,?r3 G';;d &s L6 1 Z$ 2 17 0 U m >9 c 0 J. P 2o"vt G -- -- J.*Condition No. 56 is revised to read as follc "56. Within 90 days after tentative map approva developel: shall commence grading activity, construction i reconstruction of the westerly (southbound) roadway of Rc Santa Fe Road as a prime arterial from La Costa-Avenue tc south line of developer's property. Construction of the! improvements to Rancho Santa Fe Road shall be completed 1 fifteen months of tentative map approval. Said construcf shall conform to the "Traffic and Alighment Study for Ra Santa Fe Road" by Willdan Associates dated February 28, to such modifications to said study as are approved by t Engineer. (Median curbs may be omitted, provided approp security is posted per Sections 20.16.070 and 20.16.080 1 Carlsbad Municipal Code)." 4. Condition No. 78 is revised to read as foll "78. The City Council has determined that in c accommodate the traffic from this project the developer responsible for the improvement of Rancho Santa Fe Road Costa Avenue to the existing Melrose Drive intersection. to final map approval the developer shall submit a propc satisfactory to the City Council for such improvements. proposal shall be based on an independent traffic analys accomplished to the satisfaction of the City Engineer. proposal shall include a time schedule and financing pla impravements which may include an assessment district, i f inancins, or some alternative acceptable to the-3jt-Q The construction and improvements must be assured eithei by con€ irrnation of the assessment district, secured subc improvement agreement, or otherwise guaranteed to the satisfaction of the City Council prior to final map app* 1 /I 2oi 21 22 23 24 25 26 27 28 applicant shall submit an acceptable agreement with the developers of La Costa Master Plan neighborhoods SI3 16, 79, 20 and 21 coordinating the time schedule for constr Rancho Santa Fe Road between Olivenhain Road and La Cos Avenue. The westerly side shall be constructed first, easterly side second." 6. Condition No. 91 has been added to read as "91. The actual construction of Rancho Santa from Olivenhain Road to La Costa Avenue as required by Council pursuant to these conditions of approval shall completed before the occupancy of the first house to bt constructed in this subdivision." e.. e** 1 2 3 4 5 6 7 8 9 10 11 12 P s %U d,== ai *us l3 14 qo$a ~EZ: ,%j 15 16 l-,>.u - oaro gg 3 171 >* c 0 ;Ys9 c CCI -- .t -PASSED, APPROVEDr AND ADOPTED at a regular meeti the City Council of the City of Carlsbad, California on t day of - 8 1985 by the following voter ta 10th - --- AYES: NOES: ABSENT: None am& &&er~ -le, xd&j.n and chick Council MsIbXS XedS and Pet- y5 d:& ARY H,, ASLER, Mayor ATTEST : ak&*y-\c1erk (SEAL) 20 (I 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 0 9 Io I' 12 l3 14 Is X 17 la IS 2o 21 22 23 24 25 26 27 28 c - -_ - PLANNING COMMISSION RESOLUTXON NO. 2449 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECONMENDING --- APPROVAL OF A 789 UNIT TENTATIVE TRACT MAP AND PLANNED UNIT DEVELOPMENT ON PROPERTY GENERALLY LOCATED NORTH OF THE INTERSECTION OF RANCHO SANTA FE ROAD AND OLIVENHAIN ROAD, CASE NO: CT 85-6/PUD-80 APPLICANT: DAON SOUTHWEST WHEREAS, a verified application for certain proper' wit: A portion of Fractional Section I and 2 Township I South, Range 4 West, San Bernardfno Meridian, has been filed with the City of Carlsbad, and referred to Planning Commission; and WHEREAS, said verified application constitutes a af WHEREAS, the Planning Commission did, on the 1Ott July, 1985, hold a duly noticed public hearing as prescril to consider said request; ana as provided by Title 21 of the Carlsbad Municipal Code: WHEREAS, at said public hearing, upon hearing an considering all testimony and arguments, if any, of all 5 desiring to be heard, said Commission considered all fac' relating to the Tentative Tract Hap and Planned Unit Dev NOW, mEReFORE, BE IT HEREBY RESOLVED by the P1 Commission as follows: A) B) That the above recitations are true and correct. That based on the evidence presented at the public the Commission hereby recommends APPROVAL of CT 85 based on the following findings and subject to the conditions: //// ///I 'F 1 2 3 4 5 6 ' 8 9 Io ' 11 12 l3 14 15 16 17 I.8 - -. 4) The proposed project is consistent with the City's la Development Ordinance and also complies with the Desig Guidelines Manual. T~rSp~,ed project is compatible with the-.qurroundin ture land uses since surrounding properties are desigr for residential development on the general plan. 6) This project will not cause any significant environmer impacts and a Negative Declaration has been issued by Land Use Planning Manager on June 20, 1985 and approvc the Planning Commission on July 10, 1985. 7) The proposed project exceeds the mean densities estab for three of the four neighborhoods by City Council P 7872, however, the conditions of approval for this pr should help to alleviate future traffic congestion in part of Carlsbad. 8) The proposed project and the proposed public improven are consistent with the La Costa Master plan and the .Facilities phasing section of the La Costa Master P1i 5) Conditions: 1) Approval is granted for CT 85-6/PUD-80, as shown on Exhibits "A" - "E" and "W", dated Yay 24, 1985 and " "U", dated February 14, 1985, incorporated by refere on file in the Land Use Planning Office. Developmen occur substantially as shown unless otherwise noted cond i t ions. 2) This project is approved upon the express condition final map shall not be approved unless the City Cour as of the time of such approval that sewer service ' available to serve the subdivision. I l9 20 21 22 23 24 25 26 27 28 I3) This project is approved upon the express condition building permits will not be issued -for development subject property unless the City Engineer determine sewer facilities are available at tie time of appli such sewer permits and will continue tu be availabl time of occupancy. This note shall be placed on tb map. This project is approved upon the express conditior applicant shall pay a public facilities fee as reql City Council Policy No. 17, dated April 2, 1982, 01 the City Clerk and incorporated herein by referenc according to the agreement executed by the applica payment of said fee, a copy of that agreement, dat 14, 1985, is on file with the City Clerk and incor herein by reference. Sf said fee is not paid as F this application will not be consistent with the G and approval for this project shall be void. 4) PC RES0 NO, 2449 -3- 1 2 3 4 5 6 7 8 9 10 I1 12 13 -- 15) Any-signs proposed for this development shall be desig conformance with the City's Sign Ordinance and the La ( Master Plan and shall require review and approval of tl Use Planning Manager prior to installation of such sig 16) Trasnmptacle areas shall be enclosed by-a six-foot masonry wall with gates pursuant to City standards. L of said receptacles shall be approved by the Land Use Planning Manager. 17) All roof appurtenances, including air conditioners, sk architecturally integrated and concealed from view ant sound buffered from adjacent properties and streets, 1 to Building Department Policy No. 80-6, to the satisfi of the Land Use Planning Manager and Building and Plai Director. 18) The applicant shall submit a street name list consist the City's street name policy subject to the Land Use Planninq Manager's approval prior to final map approv 19) The project shall provide bus stop facilities at loce subject to the satisfaction of the North County Trans trict. Said fscilities shall at a minimum include a free from advertisina, and a pole for the bus stop si bench and pole shall be designed in a manner so as ti 14 15 16 17 18/ 19 20 23 22 23 24 25 26 27 28 dstract from the basic architectural theme of the prc said design shall be subject to the approval of the 1 Planning Manager and North County Transit District. 20) The developer shall display a current Zoning and tan in the sales office at all times, and/or suitable a1 to the satisfaction of the Land use Planning Manager 21) All sales maps that are distributed or made availabl public shall include but not be limited to trails, ! existing schools, parks, and streets. 22) Building identification and/or addresses shall be p: all new and existing buildings so as to be plainly i from the street or access road: color of identificaf and/or addresses shall contrast to their background 23) Prior to occupancy of any units, the applicant shal construct a directory sign at the entrance to the p The design of this sign shall be approved by the La Planning vanager. I 1/11 //// //// //// PC RES0 NO. 2449 -5- 1 2 3 4 5 -- .- 33) ~ll garages in Neighborhoods SW-1, Sd-2A and Sw-4~ sha have a minimum interior area of 1100 suuare feet. ~11 garaaes in area 4E that are.utilized to provide two pa spaces as well as the storaqe reauired by the Planned DeveloTment Ordinance shall have a minimup floor -- - area sauare feet, 34) Prior to issuance of my grading permits in Neiqhborha SW-3 and SW-4, the archeological sites in these Reiqhh 6 7 8 9 10 IL 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c a shall be evaluated and mitigated to the satisfaction < Land use Planning Yanauer. irrigation plan which shall be subaitted to and appro1 the Land use olanning Manager prior to issuance of an building permits. Wherever feasible the Del Par Manz shall be incorporated into the landscaping for this p 36) The cul-de-sac bulbs in Neighborhood 2A shall be red- and marked with sians statinq "Po Parkinq, Fire Tow F Area" . 37) Prior to approval of any final maps a detailed plan f developmept arid maintenance of the temporary recreati vehicle storaTe area shall be submitted for the apprc the Land Use Plannins Manager, This temporary Recrei vehicle storage area shall be developed to the satis: of the Land Use Planning h?anaqer prior to occupancy ( 200th unit in this project. The development of this Recreation trehicle Stcrage area shall carply with Se SII, F of PF-l49(G), the La Costc "aster. Plan and Se 21,45.69Q(F) of the Carlsbad Municipal Code, 38) Panhandle lots in neighborhoods SW-2A and SP-4A shal 39) Offstreet guest parking in Meighborhood SW-4A shall 35) The applicant shall prepare a detailed landscape and permitted. provided to the satisfaction of the Land Use Plannin Manager. The cul-de-sac bulbs in ngiqhborhood SW-4A be redesigned to the sctisfaction of the Land Use PI Manager to reduce crowding and provide adequate gue: parking. 40) prior to issuance of any grading permits, the applit shall submit a noise study for those units adjacent Rancho Santa Fe Road. The units adjacent to Rancho ~oad shall be designed to ensure noise levels in ha rooms would not exceed 45dB. Engineering Conditions: 41) The developer shall obtain a grading permit prior t commencement of any clearing or grading of the site PC RESO NO. 2449 -7- 1 2 3 4 5 6 7 8 9 10 - -. -. 49) Additional drainaae easements and drainaqe structures s be provided or installed as may be required by the Coun Department of Sanitation and Flood Control or the city neer. The developer shall pay the current local drainage area prior to approval of the final map for this project or construct drainage systems in conformance with the Mas! Drainaqe Plan and City of Carlsbad Standards as raquira the City Engineer. 51) The owner of the subject property shall execute a hold harnless agreement regardina drainage across the adjac property prior to approval of the final map for this project. '52) The drainaqe system shall be desiuned to ensure that L resulting from a 10-year freauency storm of 6 hours or hours duration under developed conditions, is equal tc less than the runoff from a storm oe the same frequent --- so) I1 12 l3 . 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 20 duration under existing developed conditions, Both 6 and 24 hour storm durations shalX be analyzed to dete. the detention basin capacities necessary to accomplis' desired results . 53) The developer shall make an offer of dedication to th for all public streets and easements required by the5 conditions or shown on the Tentative Map. The offer be made by a Certificate on the Final Map for this pr All land so offered shall be granted to the City frsc clear of all liens and encurbranccs and without cost City. Streets thst are already public are not requii reded ica t ed 54) Direct access rights for all lots abutting Rancho Sal Road, Calle Barcelona, Public Street B, Public Stree indicated in SW-ZA, Private Street A, and Private St G shall be waived on the final map. 55) Plans, specifications, and supportincr documents for improvements shall be prepared to the satisfaction c City Engineer. Prior to approval of the final map, Subdivider shall install, or agree to install and SE appropriate security as provided by law, irnprovemeni on the tentative map and the following improvements Standards to the satisfaction of the City Engineer: a. Sidewalk, curb and gutter be Street Median Improvements C. Street Striping and signs d. Street Trees e. Water Improvements f. Storm Drain Lmprovements I I PC Res0 NO, 2449 -9- 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 - -- -* 67) The developer shall comply with all the rules, rcgulat and design requirements of the respective sewer and WB agencies regarding services to the project. 62) ThPdpc.inn of all private streets and drainage system: be approved by the City engineer prior to approval of final map for this project. The structural section 0: private streets shall conform to City of Carlsbad Star based on R-value tests. All private streets and draii systems shall be inspected by the city, and the stand improvement plan check and inspection fees shall be g prior to approval of the final map for this project. 63) All private streets and drainage systems shall be mai by the homeowner's association in perpetuity. This I sibility shall be clearly stated in the CC&R's, 64) All concrete terrace drains shall be maintained by tk homeowner's association (if on commonly owned propert the individual property owner (if on an individually lot). An appropriately worded statevent clearly idem the responsibility shall be placed in the CCLR's. at all times, and shall have posted "No Parkinq/Fire Fway Zone" pursuant to Section 17.04.040, Carlsbad M Code. improvements of this project shall be signed and sea the Engineer in responsible charge of the work. Eac shall be signed and sealed, except that bound documc be signed and sealed on their first page. Addition: first sheet of each set of plans shall have the foll certificate: 651 All private driveways shall be kept clear of parked 66) All plans, specifications, and supportinq documents "DECLARATION OF RESPONSIBLE CHARGE" I 20 21 22 23 24 25 26 27 28 I hereby declare that I am the EngiGeer of Kork for project, that I have exercised responsible charge o design of the project as defined in Section 6703 of Business and Professions Code, and that the design consistent with current standards, //// //// //// //// //// PC Res0 NO. 2449 -7 1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 - --- 72) Street widths as indicated in the typical sections on tentative map shall take precedence over street width< indicated on the plan, 73) The typical section for private street "G" east of pr stTet, shall be the sape as private street "A'' ai be 36 feet wide curb to curb. 74) Streets "A", "R", "C", "D", "E", "F", and "G" located SW-1 and SI?-28 shall be public streets as indicated i typical section on the tentative map, 75) Public street "A" traversing north and south adjacent 1, and SW-8 shall have the same typical section as pu street "A" traversing east and west adjacent to SW-9, indicated on the tentative map. 76) The alignment and length of the deceleration lane on Santa Fe Road are specifically not approved. geometrical design shall be subject to the approval t City Engineer, 77) Street grades at the intersection of Calle Barcelona Street "A" and Calle Barcelona and Street "B" are specifically not approved. percent within the stopping sight distance as requir City of Carlsbad Street Standards. 78) Prior to final map approval, developer shall agree t participate in an assessment district to finance the construct ion and/or reconstruction of Rancho Santa E from La Costa Avenue to Melrose Avenue. A letter fr applicant, to the satisfaction of the City Attorney, to participate in this assessment district shall sat this requirement. Developer shall, prior to final map approval, enter agreement with the City for the developer to pay a ' Final The maximum urade shall 1'9) 20 21 22 23 24 25 26 27 28 impact fee for the developer's share of mitiaating anticipated future traffic problems at and near the intersection of El Camino Real and Olivenhain Road, near the intersection of El Camino Real and La Costl The interim fees to be collected, at the time of bu permit issuance, shall not exceed $250 per single f housing unit, nor $200 per multiple family housing amount of such fees shall be determined by the City based on an area traffic impact study to be underta City and concluded within six months after approval applicant's tentative tract map. Fire Department 80) Additional public and/or on site fire hydrants sha: provided if deemed necessary by the Fire Marshal. PC RES0 NO. 2449 -1 3- 1 2 3 4 5 6 7 0 9 10 11 I.2 13 14 15 16 17 18 19 - -. .- PPSSED, APPROVFD AND ADOPTED at a regular lneetinq planning Commission of the City of Carlsbad, California, hc the loth day of July, 1985, by the following vote, -- to wit: --- AYES : NOES : Ncs3e. ABSENT: -simer ~*&mux. ABSTAIN: me. aaizman Schlehar, camrissioners Max-, smith McFadden, mbotis and rW.1, , .-- I -*; ; ,. - ‘-,L : . - . CLARENCE SCHLEHUBER, Chai CARLSBAD PLANNING COMMISS ATTEST: 0 \l~,~&.&*~L&2T MICHAEL J. HOLX+lILLEd LAND USE PLANNING MAMAGEF I 20 21 22 23 24 25 26 27 20 0 0 PC RES0 NO, 2449 -1 5- 1 2 3 4 5 6 7 a 9 1Q 11 l2 13 14 Is 16 I? 18 19 20 21 22 23 24 25 26 27 20 e e 37) The-devxoper shall exercise Special care during the construction phase of this Droject to prevent any off: siltation. The developer shall provide erosion contrc measures and shall construct temporary desiltation/det basins of type, size and location as approved bv the c En&heex.The basins and erosion control measures shr shown and specified on the grading plan and-shall be constructed to the satisfaction of the City Engineer 1 the start of any other grading operations. Prior to 1 removal of any basins or facilities so constructed thc served shall be protected by additional drainage facil slope erosion control measures and other methods requ approved by the City Engineer. The developer shall m the temporary basins and erosion control measures for of time satisfactory to the City Engineer and shall g their maintenance and satisfactory performance throug deposit and bonding in amounts and types suitable to Engineer, 38) Additional drainage easements and drainage structures provided or installed as may be required by the Count Department of Sanitation and Flood Contrul or the Cit neer , 39) The developer shall pay the current local drainage a prior to approval of the final map for this project 1 construct drainage systems in conformance with the M Lrainage Plan and City of Carlsbad Standards as requ the City Engineer. 40) The owner of the subject property shall execute a ho harmless agreement regarding drainaqe across the adj property prior to approval of the final map for this The developer shall make an offer of dedication to t for all public streets and easements required by the conditions or shown on the Tentative Map, The offe! made by a Certificate on the Final Map for this pro: land so offered shall be granted to the City free ar all liens and encumbrances and withdut cost to the { Streets that are already public are not required to rededicated. Direct access rights for all lots abutting Mision E Costa Avenue, Rancho Santa Fe Road and Calle Timite for recreation Lot 132, shall be waived on the fina Prior to occupancy of the 120th unit, a 28 foot wid section) access via Calle Timiteo shall be construc this subdivision to La Costa Avenue to the satisfac the City Engineer, 44) Plans, specifications, and supporting documents fol improvements shall be prepared to the satisfaction Engineer, Prior to approval of the final mapI the shall install, or agree to install and secure with security as provided by law, improvements shown .on tentative map and the following improvements to Ci to the.satisfaction of the City Engineer: 41) 42) 43) 1 2 3 4 5 6 7 a 50) M-1 @ate streets and drainage systems shall be ma: by -the homeowner's association in perpetuity. This * sibility shall be clearly stated in the CChR's. All concrete terrace drains shall he maintained by t homeowner's association (if on commonly owned proper lmS'Wi&rml property owner (if on an indivtdually own An appropriately worded statement clearly identifyin responsibility shall be placed in the CCbrR's. improvements of this project shall be signed and sea Engineer in responsible charge of the work. Each SF be signed and sealed, except that bound documents ma signed and sealed on their first page. Additional11 51) 52) All plans, specifications, and supporting documents 91 10 11 12 13 14 sheet of each set of plans shall have the following certificate: "DECLARATION OF RESPONSIBLE CHARGE" s. f hereby declare that I am the Engineer of Work for project, that r have exercised responsible charge Q design of the project as defined in Section 6703 of Business and Professions Code, and that the design consistent with current standards. I I understand that the check of project drawings and 15 16 17 specifications by the City of Carlsbad is confined only and does not relieve me, as Engineer of Work, responsibilities for project design. (Name, Address and Telephone of Engineering firm) Firm: 2o 21 22 23 24 25 26 27 20 Telephone: w BY Date: i (Name of Engineer) R.C.E. NO, # The developer shall provide the City with a reprod copy of the tentative map as approved by the Plann . Commission, The tentative map shall reflect the c approval by the City. Engineer prior to improvement plan submittal and s x 36" in size and of a quality and material satisf the City Engineer. Prior to recordation of any final map for this det this project, the Owner shall give written consen! annexation of the area shown within the boundarie! Tentative Map into the existing CLty of Carlsbad ! Lighting and Landscaping District No, 1, 53) The map shall be submitted 54) DP UFCn NO- 3149 -9- 1 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I I -- - -- 63) 64) An alll-weather access road shall be maintained throug consti:uct ion . All required fire hydrants, water mains and appurtena strxtt-bnperational prior to combustible building ma being located on the project site. All private streets shall be kept clear of parked veh at all times, and shall have posted “No Parking/Fire Away Zone” pursuant to Section 17,04.040, Carlsbad Mt Code. Brush clearance shall be maintained according to the specifications contained in the City of Carlsbad Lanc Guidelines Manual. 67) All fire alarm systems, fire hydrants, extinguishing automatic sprinklers, and other systems pertinent to project shall be submitted to the Fire Department fo prior to construction, 68) Prior to the occupancy of any of the units, a tempor weather access road must be provided from the projec La Costa Avenue, Calle Timiteo is proposed to be ex through to La Costa Avenue as a condition of approva CT 841-7. If this extension is completed prior to tF occupancy of any of the units, this condition will 1 satisfied. If Calle Timiteo has not been construct6 time,, then this condition will remain in effect. 65) 66) //// //// //// //// //// //// //// //// //// //// //// //// PC RES0 NO, 2459 -1 1- 0 0 ." - ----- -r September 9, 1985 -f ---- City of Carlsbad City Council 1200 ~lm Avenue Carlsbad, CA. 92008 RE: September 10, 1985 Agenda Items: I CT 85-6/PUD 80-Daon Southwest I CT 85-9/LCDP 85-1-Vista Santa Fe Area "B" I On August 20, 1985, Council directed the City Attorney to prel I the documents necessary to approve three major developments ii the La Costa area. During the course of the evening a number major concerns were expressed by the public regarding public facilities. I am most concerned with the issue of major stre1 servicing the axea, specifically, La Costa Avenue and Rancho Santa Fe Road. La Costa Avenue is woefully deficient in hand the existing traffic tu the area, and Rancha Santa Fe Road is design nightmar'e which leaves the residents perpetually expos to physical ham and the City exposed to insurance claims, On August 20, 1.985, Mayor Casler "added there seemed to be misunderstanding as to how these facilities are financed, wit people believing the City of Carlsbad finances them. developers pay for these improvements." (August 20, 1985 Minu Apparently in the Mayor's mind there are some mutually exclus groups participating in this process, The People, the City o Carlsbad, and The Developers, I prefer to believe we are all City of Carlsbad, and we all pay for major facilities in our way, Carlsbad have contributed handsomely to this effort through Public FacilitiLes Fees, property taxes, salestaxes, and gas taxes. I would like to quote from two City documents: First, the Public Facilities Element of The General Plan for City of Carlsbad. I CT 85-15/LCDP 85-2-Park View West-Daon 8 I 1 I The Certainly those who live or have developed in south It is a basic element of the General Plan that areas planned for residential use will not be put to such use nor zone changes or subdivision approvals considered until the City can be assured that all necessary public facilities for the area to be developed can and will be available concurrent with need. 0 0 September 10, 1985 Agenda Items . page 2 - .--- -r The existence of adequate public facilities and services must be established prior to any discretionary actions by the City of Carlsbad, including, but not limited to, the enactment and amendment of the zoning ordinamF,'ThFissuance of zoning variances, the issuance of conditional use permits, and the approval of tentative subdivision maps. Before giving approval to zoning, rezoning, development or redevelopment proposals, the public health and safety and the general welfare of the community and all its citizens require that the proponent of any such actions shall present evidence satisfactory to the City council that all necessary services and facilities will be available concurrent with need. Second, City of Carlsbad, Council Policy Statement Number 17, Requirements Necessary to satisfy the Public The Public Facilities Element of the General Plan requires t!hat before giving approval to zoning, rezoning, (development or redevelopment proposals, the public health and safety and the general welfare of the community and all its citizens require that the proponent of any such actions shall present evidence satisfactory to the City council that all necessary services and facilities will be available concurrent with need. The Council also finds that the continued development of the City, with the consequent increase in population and in the use of public facilities, will impose increased requirements for such facilities, including but not limited to parks, major streets, traffic signals, storm drains, bridges and public building, such as fire stations, police facilities' maintenance facilities, libraries and general offices. The necessity for such facilities results directly from new constructi.on and the need cannot be met from ordinary City revenues. The most practical and equitable method of paying for such facilities is to impose a fee upon a new development in the City. Payment of such a fee will enable the City to fund a construction program to provide public facilities. If a development agrees to pay the public facilities fees established by this policy, the council will be able to find out that all necessary public facilities and services will be available concurrent with need and the requirements of the Public Facilities Element have been met. I 0 * September 10, 1985 Agenda Items Page 3 I Would sugqest. that we in the community, both "The People" ai "The Developers" have played the game according to the rules established by the City Council, and are now due the facilitit which the policdes repeatedly describe as being installed concurrent with the need. Perhaps it is now time for_ the citj Council to3ETTX-pI.aying by the rules it has established for others. The August 20, 1985 Minutes reflect that the second change thc City Attorney is incorporating into the three approvals deals with road improvements. I would encourage approval of the th subdivisions with a minor change incorporated into the approv This change would be, "with regard to the time limit for completion of Itancho Santa Fe Road improvements south from Melrose to the south line of development and La Costa Avenue from 1-5 to El Camino Real, it be clarified that these improvements shall be completed before the first house is occupied-" - --.- I -- ' /c- - Thomas L. Braxxumell 3342 Bajo Court Carlsbad, CA- 92008 @ c e a TE (6 1200 ELM AVENUE CARLSBAD, CA 92008-1989 Office of the City Engineer Citp of Carla’bsb March 25, 1986 Frank J. Mola, Asset Manager DAON CORPORATION 5150 Avenida Encinas Carlsbad, CA 92008 RANCHO SANTA FE ROAD ASSESSHENT DISTRICT In accordance with City Council Policy No. 33 for the use of 1915 Act Bonds, Project Review Committee met and considered your request of February 21, 1 As by the policy, we have prepared our report containing the finc and recommendations of the committee to the Council in regards to your pro, We have rescheduled this matter with the City Council on April 1, 1986. If the Council approves going forward, the policy indicates you should d things: (1) File with the City, in writing, evidence of concurrence th least sixty percent (60%) of the affected property owners, by area, agree the assessment district, accept the terms and conditions of Council Polic 33 and waive the property owners’ rights under the Majority Protest Act; an You should also indicate your willingness to promptly deposit with the City sufficient to pay al.1 fees and costs as required by Paragraph 7 of the Poli Please let me know if you need anything further. required w F. D. ALESHIRE City Manager FDA:CRW:lch c: City Attorney City Engineer Planning Director Ut ilit ies/Mainti;nance Director Richard Allen