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HomeMy WebLinkAbout1986-07-08; City Council; 8179-3; FINAL MAP CARLSBAD TRACT 85-5I Y. a u > 0 LT Q e < 2 0 F 0 4 ; z 3 0 0 CIT~F CARCSBAD - AGEN~ILL YY ( c AB# 81 79-#3 TITLE: DEPT. k CITY A1 MTG. 7-08-8L FINAL MAP DEPT. ENG CITY MI RECOMMENDED ACTION: CARLSBAD TRACT 85-5 By motion, approve Final Map of Carlsbad Tract 85-5. ITEM EXPLANATION Engineering staff has completed checking the Final Map of Carlsbad Trai 85-5, a 73-unit detached residential development located on the east sic of Mision Estancia and south of its intersection with La Costa Avenue, fc conformance with the Subdivision Map Act and the Carlsbad Municipal Code. The Final Map conforms substantially with the conditions of approval a the tentative map as approved by City Council on June 4, 1985 per Ci Council Resolution No. 8040 (see Exhibit 3). This project was not included in the 1982 Parks Agreement between the Ci and Daon Corporation. Therefore, it is the opinion of the staff that th project requires the dedication of 0.66 acres of park land or t equivalent in Park-In-Lieu fees. the amount of $7'1,759.00 which is that equivalent (see Exhibit 5 Included with this Agenda Bill is a letter dated May 22, 1986 in which t La Costa Ranch Co. grants Anden the right to credit their Carlsbad Tr: 85-5 against the original 12.5 acres of land dedicated by La Costa Land C for Stage Coach Park (see Exhibit 4). Under close examination, the 15 Parks Agreement excluded this tract from the provisions af the agreemer therefore making the park dedication or Park-In-Lieu necessary, rather tl allowing that aforementioned credit. This map is exempted from the moratorium as it as one of the proje listed "as developing" on Exhibit A of the Moratorium Ordinance. Howev the developer is subject to the current PFF rate and will be required sign the new PFF agreement when pulling their building permits. Staff is recommending the addition of several conditions to Plann Commission Resolution No. 2431. The first condition deals with revi Public Facilities rate of 2.5% recently approved by Council. 4 should be revised to read as follows: The developer has posted a surety bond Condition 4. This project is approved upon the express condition that applicant shall pay a public facilities fee as required by E Council Policy No. 17, dated April 2, 1982, on file with the I agreement executed by the applicant for payment of said fee copy of that agreement, dated April 22, 1986, is on file with City Clerk and incorporated herein by reference. If said fet not paid as promised, this application will not be consistent \ the General Plan and approval for this project shall be void. Clerk and incorporated herein by reference, and according to Traffic Impact Fee Bridge & Thoroughfare District Phasing Program Development Zone Required Required 11 Not Required 1 e e *_ . e.. SANTA FE KNOLLS / I ;--, -;- r: i-- 1-1 I .-, CITY MAP WOK PAQE I PRO& PROJECT NAME NO. SANTA FE KNOLLS C.T. 85-5 + .. 1 2 3 4 5 6 7 8 9 10 11 12 13 6"Ss 14 D a m $% yp gb$= 2gq a&.u 15 u ' JU E$;$ 16 oa2m zo Y '5 = 17 >-4 t 0 l8 19 20 21 22 23 24 25 26 27 28 a 0 RESOLUTION NO. *040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OE CARLSBAD, CALIFORNIA APPROVING WITH CONDITIONS 73 LOT TENTATIVE MAP CT 85-5 ON 23.6 ACRES OF PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF MISSION ESTANCIA, SOUTHERLY OF THE PROPOSED LA COSTA AVENUE, MISSION ESTANCIA INTERSECTION. APPLICANT: SANTA FE KNOLLS CASE NO.: CT 85-5 WHEREAS, on April 24, 1985, the Carlsbad Planninc Commission adopted Resolution No. 2431 approving tentativc map CT 85-5; and WHEREAS, the City Council on May 21, 1985 held a hearing to consider the recommendations and heard all per interested in or opposed to tentative tract map CT 85-5; WHEREAS, said Tentative Tract Map has been decla have a nonsignificant impact on the environment and a Neg Declaration dated April 8, 1985 was prepared, approved an by the Planning Commission on April 24, 1985 in complianc the requirements of the City of Carlsbad Environmental Pr Ordinance of 1980 and the California Environmental Qualit I I and, 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 Commission Resolution No, 2431 constitute the findings of the City C in this matter. C. That tentative tract map CT 85-5 together wj provisions for its design and improvement and subject to conditions of this resolution, are consistent with all aE general and specific plans of the City of Carlsbad. I -. 1 2 3 4 5 6 7 8 9 lo ll 12 13 <% 2 gqz OWa 14 zoug qgz~ 15 L?3$ l-cw $z8$ 16 0=2g zo 4 >5 0 ;g '5 a 17 t 18 19 20 21 22 23 24 26 25 0 27 28 e D. That subdivision CT 85-5 is hereby approved s to all applicable requirements of the Carlsbad Municipal C to the satisfaction of the conditions contained in Plannin Commission Resolution No. 2431 dated April 24, 1985 marked Exhibit A attached hereto and made a part hereof with the addition of condition 24(a) and the revision of condition read as follows: 24(a). The applicant shall be required to constr permanent fence separating the identified riparian woodlan the developable area of the project prior to occupancy of unit to the satisfaction of the Land Use Planning Manager. fence will function to inhibit access to the riparian area thereby promoting its preservation. 11. The final map shall include an open space maintenance easement to the Homeowner's Association for maintenance of slopes on lots 142 - 155 inclusive and lots Manager. The slopes shall be maintained by the Homeowner' association. The CC&R's for this project shall reflect tk maintenance obligation and provide that the City shall hav right but not the obligation to enforce it. PASSED, APPROVED, AND ADOPTED at a regular meetir the City Council of the City of Carlsbad, California on tt 207 inclusive to the satisfacton of the Land Use Planning 4th day of June , 1985 by the following vote, to AYES: NOES: ABSENT: None Council Mdxrs Casler, Kulchin and Chick Council Members Lewis and Pettine I % ca/LA-;, J* (LA MARY H. JCASLER, Mayor I A;T: ALETH* RifLiiii-ik -. ._ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 PLANNING COYMISSION RESOLUTION NO. 2431 A RE;SOLUTION OF THE PLANNING COMMISSION OF THE; CII CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL FOR A TENTATIVE TRACT MAP ON PROPERTY GENERALLY LOCATED EAST SIDE OF MISION ESTANCIA, SOUTHERLY OF THE PR( COSTA AVENUE, MISION ESTANCIA INTERSECTION . APPLICANT: SANTA FE KNOLLS CASE NO.: CT 85-5 WHEREAS, a verified application for certain propel wit: Lot 140 of Record Map 9959 recorded in the Office County Recorder of San Diego County, State of Cal. on December 31, 1980, as File 80-440244, has been filed with the City of Carlsbad, and referred to Planning Commission; and WHEREAS, said verified application constitutes a * as provided by Title 21 of the Carlsbad Municipal Code; an( WHEREAS, the Planning Commission did, on the 24th April, 1985, hold a duly noticed public hearing as prescril law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all pe desiring to be heard, said Commission considered all facto ! relating to the Tentative Tract Map, NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plan Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public he the Commission recommends APPROVAL of CT 85-5, based following findings and subject to the following condi Findings: 1) The project is consistent with the City's general pla the proposed density of 3.09 du's/acre is within the range of 0-4 du's/acre specified for the site as indi the land use element of the general plan. I _. I 2 3 4 5 6 7 a 9 10 11 12 13 ' 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2a v e 21 This project is part of the original Santa Pe Kmlls 9(B)) project, which has an overall density of 3.0 du thereby being within the mean density of 3.0 cu/ac es for the RLM General Plan designation by City Council 7872. - 3) The site is physically suitable for the type and dens development since the site is adequate in size and sh accommodate residential development at the density pr 4) The project is consistent with all City public facili icies and ordinances since: a) The Planning Commission has, by inclusion of An a condition to this eroject, insured that the final not be approved unless the City Council finds tha service is available to serve the project. In ad the Planning Commission has added a condition tha shall be placed on the final map that building pe not be issued for the project unless the City Eng determines that sewer service is available, and b cannot occur within the project unless sewer serv remains available, and the Planning Commission is that the requirements of the public facilities el the general plan have been met insofar as they ap sewer service for this project. b) School fees will be paid to ensure the availabili school facilities in the San Dieguito School Dist Also, an existing school agreement between the La Land Company and the Encinitas School District wi adequacy of elementary school facilities. Park-in-lieu fees or dedication of park land has c) d) All necessary public improvements have been provi e) The applicant has agreed and is required by the j of an appropriate condition to pay a public facil Performance of that contract and payment of the 1 enable this body to find that public facilities o available concurrent with need as required by the plan. required as a condition of approval . will be required as conditions of approval. f) Assurances have been given that adequate sewer fc project will be provided by the Leucadia County \ District. //// //// PC RES0 NO. 2431 -2- I1 -_ -. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 e e 5) The proposed project is compatible with the surroundi land uses since surrounding properties are designated residential development on the general plan, 6) This project will not cause any significant environmc impacts and a Negative Declaration has been issued bq Use Planning Manager on April 8, 1985 and approved bl Planning Commission on April 24, 1985. Conditions: 1) Approval is granted for CT 85-5, as shown on Exhibit April 4, 1985, incorporated by reference and on file Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in thes cond it ions , 2) This project is approved upon the express condition t final map shall not be approved unless the City Counc as of the time of such approval that sewer service is to serve the subdivision. 3) This project is approved upon the express condition t building permits will not be issued for development c subject property unless the City Engineer determines facilities are available at the time of application f sewer permits and will continue to be available until occupancy. This note shall be placed on the final ma 17 18 19 20 21 22 23 24 25 26 27 28 Council Policy No. 17, dated April 2, 1982, on file w City Clerk and incorporated herein by reference, and to the agreement executed by the applicant for paymen fee, a copy of that agreement, dated January 23, 1985 file with the City Clerk and incorporated herein by r If said fee is not paid as promised, this application be consistent with the General Plan and approval for project shall be void, 5) The applicant shall dedicate land for parks pursuant conditions stated in the Parks Agreement for La Costa 6) The applicant shall comply with the requirements of t existing secured school agreements between the La Cos Company and the Encinitas School District, and the Sa School District. 7) Approval of this request shall not excuse compliance sections of the zoninq Ordinance and all other applic ordinances in effect at time of buildinq permit issua //// PC RES0 NO, 2431 -3- II -_ .. 1 2 3 4 5 a 0 8) Water shall be provided by the Olivenhain Municipal F District. The applicant shall prepare a reproducible mylar of 1 site plan incorporating the conditions contained her< site plan shall be submitted to and approved by the I Planning Manager prior to the issuance of building pc 10) The applicant shall establish a homeowner's associat 9) 6 7 a 9 10 I1 12 13 14 15 corresponding covenants, conditions and restrictions CC&R's shall be submitted to and approved by the Lanc Planning Manager prior to final map approval . In lieu of forming a homeowner's association, the apl establish a maintenance assessment district for niain slopes on lots 142 - 155 inclusive and lots 200 to 21 inclusive to the satisfaction of the Land Use planni The forementioned slopes shall be maintained by the Association or the developer may form a maintenance satisfy this condition. 12) The applicant shall prepare a detailed landscape and plan which shall be submitted to and approved by the Planning Manager prior to the issuance of building p A 500" scale map of the subdivision shall be submitt Land use Planning Manager prior to the recordation o map. Said map shall show all lots and streets withi adjaceht to the project. 11) 13) 16 17 14) A master plan of the existing on site trees shall be to the Land Use Planning Manager as part of the fina plan to determine which trees shall be required prio issuance of a grading nermit or a building permit, M 18 19 occurs first. All landscaped areas shall be maintained in a health 1 15) 20 21 22 23 24 25 26 27 28 I thriving condition, free from weeds, trash, and debr 16) Any signs proposed for this development shall be des conformance with the City's Sign Ordinance and shall review and approval of the Land Use Planning Manager installation of such signs. 17) All roof appurtenances, including air conditioners, architecturally integrated and concealed from view z sound buffered from adjacent properties and streets, to Building Department Policy No. 80-6, to the satis the Land Use Planning Manager and Building and Planr Director. The applicant shall submit a street name list consis the City's street name policy subject to the Land U: Manager ' s approval prior to final map approval. 18) PC RES0 NO. 2431 -4- .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 w m 19) The applicant shall provide bus stop facilities at 101 within or adjacent to the project boundaries subject satisfaction of the North County Transit District. S facilities shall at a minimum include a bench, free f advertising, and a pole for the bus stop sign, The bl pole shall be designed in a manner so as to not detra the basic architectural theme of the project and said shall be subject to the approval of the Land Use Plan Manager and North County Transit District. 20) The developer shall display a current Zoning and Land in the sales office at all times, and/or suitable alt to the satisfaction of the Land use Planning Manager. 21) All sales maps that are distributed or made available public shall include but not be limited to trails, fc existing schools, parks, and streets 22) Building identification and/or addresses shall be plz new and existing buildings so as to be plainly visibl street or access road; color of identification and/or shall contrast to their background color. 23) All buildable lots and future buildings shall comply standards of the R-1-7500 zone. 24) Existing on site trees located within the identified woodland area shall be maintained where possible. Tt applicant shall be required to construct snow fencinc that portion of the riparian woodland area which is the graded portion of the property, identified on te map CT 85-5, prior to the issuance of a grading perm subject to the approval of the Land Use Planning Man each oak or sycamore tree within the riparian area a the graded portion of the property which wwill be el through project development, the applicant will be r replace with three specimen trees of comparable spec appl icant shall prepare a revegetation plan, subject approval of the Land use Planning Manager, in order implement this mitigation measure. Prior to any gra applicant shall agree to fully implement this condit not to destroy any mature oak or sycamore tree outsi graded portion of the property during grading operat to carelessness of machine operator or otherwise. T agreement shall contain a liquidated damages clause the applicant to pay the sum of $2500.00 for each tr destroyed to the Carlsbad Parks and Recreation Depar The agreement shall be secured subject to the approc Land Use Planning Manager. The applicant shall be 1 construct a permanent fence around the identified rj woodland area as part of the project. The fence wil to inhibit access to the riparian area, thereby pron preservation . I PC RES0 NO. 2431 -5- -. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 25) If any condition for construction of any public impro? or facilities, or the payment of any fees in lieu the imposed by this approval or imposed by law on this pri challenged this approval shall be suspended as provid Government Code Section 65913.5. If any such conditi determined to be invalid this approval shall be inval the City Council determines that the project without condition complies with all requirements of law. 26) Prior to the approval of any building permits for thi product elevations shall be submitted for review by t Use Planning Manager. Engineering : 27) The developer shall obtain a grading permit prior to commencement of any clearing or grading of the site, 28) The grading for this project is defined as "controlle by Section 11.06.170(a) of the Carlsbad Municipal Cod Grading shall be performed under the observation of a engineer whose responsibility it shall be to coordina inspection and testing to insure compliance of the wo the approved grading plan, submit required reports to Engineer and verify compliance with Chapter 11.06 of Carlsbad Municipal Code. 29) Upon completion of grading, the developer shall insur "as-graded" geologic plan shall be submitted to the C Engineer. The plan shall clearly show all the geolog . exposed by the grading operation, all geologic correc measures as actually constructed and must be based on map which represents both the pre and post site gradi plan shall be signed by both the soils engineer and t engineering geologist. The plan shall be prepared on or similar drafting film and shall become a permanent 30) No grading shall occur outside the limits of the subd unless a letter of permission is obtained from the ow the affected properties. 31) A separate grading plan shall be submitted and approv separate grading permit issued for the borrow or disp if located within the city limits. 32) All slopes within this project shall be no steeper th 33) Prior to hauling dirt or construction materials to an construction site within this project the developer s submit to and receive approval from the City Engineer proposed haul route. The developer shall comply with conditions and requirements the City Engineer may imp regards to the hauling operation, PC RES0 NO. 2431 -6- -. 1 2 3 4 5 6 7 a 9 lo 11 12 13 14 15 16 17 18 I' 20 21 22 23 24 25 26 27 28 0 0 34) The developer shall exercise special care during the construction phase of this project to prevent any off, siltation. The developer shall provide erosion contrc measures and shall construct temporary desiltation/de basins of type, size and location as approved by the Engineer. The basins and erosion control measures sh shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer the start of any other grading operations. Prior to removal of any basins or facilities so constructed th served shall be protected by additional drainage faci 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. Additional drainage easements and drainage structures provided or installed as may be required by the Count Department of Sanitation and Flood Control or the Cit neer. The developer shall pay the current local drainage ar prior to approval of the final map for this project o construct drainage systems in conformance with the Ma Drainage Plan and City of Carlsbad Standards as requi City Engineer. 35) 36) 37) The owner of the subject property shall execute a hol agreement regarding drainage across the adjacent prop to approval of the final map for this project. resulting from a 10-year frequency storm of 6 hours o duration under developed conditions, is equal to or 1 the runoff from a storm of the same frequency and dur under existing developed conditions. Both 6 hour and storm durations shall be analyzed to determine the de basin capacities necessary to accomplish the desired unless prior facilities presenting meet this conditio 39) The developer shall make an offer of dedication to th all public streets and easements required by these co or shown on the Tentative Map. The offer shall be ma Certificate on the Final Map for this project. All 1 offered shall be granted to the City free and clear c that are already public are not required to be rededi 40) Direct access rights for all lots abutting Mision Est 38) The drainage system shall be designed to ensure that ' liens and encumbrances and without cost to the City. shall be waived on the final map. PC RES0 NO. 2431 -7- _. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 40) Plans, specifications and supporting documents for a1 improvements shall be prepared to the satisfaction of Engineer. Prior to approval of the final map, the Su shall install, or agree to install and secure with ap security as provided by law, improvements shown on th tentative map and the following improvements to City to the satisfaction of the City Engineer: a) One-half width right-of-way improvements on the s of Mision Estancia to secondary arterial street s from Rancho Santa Fe Road to the centerline of La Avenue. from the intersection with Rancho Santa Fe Road t feet easterly. Taper section from full right-of- southerly one-half width right-of-way. Southerly width right-of-way from end of taper section to t easterly curb return on Mision Estancia. All imp to secondary arterial street standards. c) The east side of Rancho Santa Fe Road shall be wi and/or striped to provide a separate south bound lane into Mision Estancia, the widening shall ext approximately 600 feet north of the intersection be designed to the satisfaction of the City Engin same shall apply to the intersection of Santa Fe b) Full width right-of-way improvements on La Costa La Costa Avenue, d) In lieu of 40 a, b, and c, the following may appl Full right-of-way improvements on Mision Estancia Rancho Santa Fe Road to 150 feet north of the int of the north boundary of this project with Mision to secondary arterial street standards. A contin barricade shall be installed at the end of Mision per standard drawing M9.1 and the east side of Ra Santa Fe Road shall be widened and/or striped tc a separate southbound left turn lane into Mision The widening shall extend approximately 600 feet the intersection and shall be designed to the sat of the City Engineer. e) All street improvements as noted on the tentative f) Water. 9) Storm drainage. h) Sewer. i) Street lights. j) Street trees. k) Sidewalks. 1) Wheelchair ramps. 41) Unless a standard variance has been issued, no variar City Standards are authorized by virtue of approval < tentative map. 42) The developer shall comply with all the rules, regulz design requirements of the respective sewer and watei regarding services to the project. PC RES0 NO. 2431 -8- .. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 m 0 43) The Subdivider shall provide separate sewer, water, g electric services with meters to each of the units. 44) ~ll concrete terrace drains shall be maintained by th homeowner's association (if on commonly owned propert individual property owner (if on an individually owne An appropriately worded statement clearly identifying responsibility shall be placed in the CC&R's. 45) Some improvements shown on the Tentative Map and/or r these conditions are located off-site on property whi the City nor the subdivider has sufficient title .or i permit the improvements to be made without aquistion or interest. The subdivider shall conform to Seceion of the Carlsbad Municipal Code. 46) All plans, specifications, and supporting documents f( improvements of this project shall be signed and seal! Engineer in responsible charge of the work. Each she1 be signed and sealed, except that bound documents may and sealed on their first page. Additionally the fir of each set of plans shall have khe following certifi "DECLARATION OF RESPONSIBLE CHARGE" I hereby declare that I am the Engineer of Work for E project, that I have exercised responsible charge ove design of the project as defined in Section 6703 of E Business and Professions Code, and that the design is consistent with current standards. I understand that the check of project drawings and specifications by the City of Carlsbad is confined to only and does not relieve me, as Engineer of Work, of responsibilities for project design. (Name, Address and Telephone of Engineering firm) Firm: Address: City, St. : Telephone: BY Date: - (Name of Engineer) R.C.E. NO. # //// ///I PC RES0 NO. 2431 -9- _. 1 2 3 4 5 6 7 8 9 10 I' 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 47) The developer shall provide the City with a reproduci' copy of the tentative map as approved by the Planning Commission. The tentative map shall reflect the and approval by the City. The map shall be submitted to Engineer prior to improvement plan submittal. 48) Approval of this tentative tract map shall expire twe months from the date of City Council approval unless map is recorded. An extension may be requested by th applicant. Said extension shall be approved or denie discretion of the City Council. In approving an exte City council may impose new conditions and may revise conditions. Intersection sight distances per City of Carlsbad Str Standards, are not provided on the Tentative Map. Co. shall be provided on the Grading and Improvement plan: includes lots 154, 153, 197, 208, 165 and 181. 49) Fire Department: 50) The applicant shall submit two (2) copies of a site p showing locations of existing and proposed fire hydra] site roads and drives to the Fire Marshal for approva 51) An all weather access road shall be maintained throug' 52) All required fire hydrants, water mains and appurtena, be operational prior to combustible building material located on the project site. construction. 53) All fire alarm systems, fire hydrants, extinguishing automatic sprinklers, and other systems pertinent to project shall be submitted to the Fire Department for prior to construct ion. 54) Prior to issuance of building permits, the developer : provide the Fire Department with a 500 scale map show: streets (public and private), street names, fire hydri locations, and beginning and ending addresses by bloc1 //// ///I //// //// //// //// PC RES0 NO. 2431 -10- .I 1 2 3 4 5 6 7 8 9 10 I’ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 a PASSED, APPROVED AND ADOPTED at a regular meeting Planning Commission of the City of Carlsbad, California he 24th day of April, 1985, by the following vote, to wit: AYES : Commissioners Schlehuber, L’ Heureux, Ma McFadden, Smith and Rombotis. NOES : None. ABSENT: Chairman Farrow. ABSTAIN: None. L Am CLARENCE SCHLEHUBER, Vice-Chai CARLSBAD PLANNING COMMISSION ATTEST: /- \ ,u,.w&; ‘7 -1 - MICHAEL J. €BL& MILLER LAND USE PLANNING MANAGER . PC RES0 NO. 2431 -11- -. EXHIBIT ._ H May 22, 1986 Marty Orenyak City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Re: Santa Fe Knolls, Carlsbad Tract 75-9B and Carlsbad Tract 85-5 Park Land Dear Mr. Orenyak: BCE Development, Inc., formerly the Daon Corporation, hereby acknowledges and agrees that the original 12.5 acres of land dedicated by the La Costa Land Company for Stage Coach Par was intended to fulfill "Park In Lieu Fee" requirement for all of the 211 lots of the Santa Fe Knolls subdivision including lot #140, now known as map unit 3, Carlsbad Tract #85-5. Our records indicate that the amount of park land avail- able for credit against "Park In Lieu Fees" has been appropriat reduced by allowing the 73 lots in map unit 3, Carlsbad Tract #85-5 to be credited against the 12.5 acres; accordingly "Park In Lieu Fees" would not be due. Sincerely, , 1% tL: L --&ex- il\ Timothy N. Roberts Project Manager TNR/cw CC: Frank Mola - La Costa Ranch Co. Bill Seith - BCE Development, Inc, Bill Kennedy - BCE Development, Inc. Irv Rosten - La Costa Land Company Mike Rosten - Anden 6994 El Camino Real, Suite 202 Carlsbad California 92008 (619) 438-8226 = IL_ e -. June 6, 1986 Mr. Marty Orenyak City of Carlsbad 1200 Elm Avenue Carlsbad, Ca. 92008 RE: SANTA FE KNOLLS MAP UNIT #3 CARLSBAD TRACT 85-5 PAKK IN LIEU FEES Dear Marty: Attached please find the executed SUBDIVISION PARK-IN-LI FEE AGREEMENT and the SECURITY BOND for PARK IN LIEU FEE to assure payment of Park-in-lieu Fees or the dedication of park land by others as deemed acceptable to City Counc As you are aware, we are working with the La Costa Trust I Dissolution and BCE Development (aka Daon Corporation) in order to effect a dedication of land by BCE Development that is acceptable by City Council to satisfy the park requirement for Santa Fe Knolls Map Unit 3, C.T. 85-5. I will keep you posted as to the progress with BCE and in the event the land dedication does not happen, the attach documentation assures that the park fees will be paid at time of building permits. Marty, I am not aware of anything else that would preclud the City staff from recommending to City Council the adop of a resolution to record Santa Fe Knolls Map Unit #3. Y effort in expediting this to City Council will be greatly appreciated. Sincerely, C. Roston CEIVE cc: Ret. General Paul Graham JUN r 19f36 Bu i Id i ng De pa rtme nt CITY OF CARLSBAE The Anden Group 6544 Corte Montecito, Carlsbad, CA 92008 Telephone 61 9 438-7902 e 5 m E p ,3 g C f 0 G o d r 8 5 19 86 , before me, the undersigned. a NOTOT Pubk On this- day @f A persoRo,~y krowr to me cor prcved to ?ne on The basis Of sOtiSf-0 De bhe Jlic*resldent' personally known to me (or proved +O me on the axw+erf1e" basis of satisfoctoi\/ eviderlce to be tha Secretan/ @f-n tbe corporote that execu+ed the within Instrunent and icncwn to me (01 proved to me or1 the SOsis Of sarisfactory evlder.ce) to be the p$rsons who executed the within instrument ~n be~f of soid corporat'on, soid corporation being known to me to be one of the partners of- M' in ep+ior ' ;n and for said county and state personally ap~red SURANCE C PI q& c the partnership that executed thewithin Instrument. ir, Attorne! and acknowledged that such Corporation 14 executed the same as such partner and that such partnership executed the Sa-fe 1 91510 . the 'orPoration therein named and acknowledged to me that the corporation executed it, IN W'TNESS WHEREOF. 1 have hereunto set my hand and affixed INTEGRITY INSURANCE COMPANY the day and Year stated in this certificate above, :1"""'~'~~~~~~1~~Illl.ll.1IIu.l1)11.).~,,,~ .,,, ',( ,,,,,,,, i OFFICIAL SEAL Netary Public - Calif LOS Angsles Coun I ULWll(lltllltlllllll1111)11)111(1111111) ssionExpirssApr. ,,,,,,,,,,,,,,,), 29,19 Bronwyn Murd Thii area .jbr Oflical Nota, POWER OF AT' 0 0 Integrity Insurance Company Mack Centre Drive ..,. Paramus, New Jersey 07652 No. 821001 1 KNOW ALL MEN BY THESE PRESENTS: That INTEGRITY INSURANCE COMPANY, a New Jersey corporation, does hereby appoint Howard Siskel, Richar N. R. Evans and Joseph E. Cochran of Burbank, California---------------------------- its true and lawful Attorney(s).in.Fact, with full authority to execute on its behalf bonds, undertakings, recognizances contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the thereby. IN WITNESS WHEREOF, INTEGRITY INSURANCE COMPANY has caused these presents to be signed by its Vice Pre its Corporate Seal to be affixed this 1st day of November ,1985. 4PL. (-J e%\ Soren N. S. Laursen, Vice President C(8ElQ *+*. NE& @ STATE COUNTY OF OF lJEW EERGEN JERSEY [ "': brlurr nir caiiit. tlu dmve wmd olficer of INTEGRITY INSURANCE COMPANY. to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his oflice. (==J ,1985, Q9Uf!l@ On this 1st day of November EVA FRIEDMAN NOTARY PUBLIC, State of New Jerse Commission Expires September 24, IC fi@DrLl% u . *' Qualified in Bergen County 4, CE RTI FICATE Resolution adopted by the Board of Directors of INTEGRITY INSURANCE COMPANY on November 15, 1982: "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint E in-Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other cos indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transac. surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile I or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recogr other contract of indemnity or.writing obligatory in the nature thereof; "RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in e insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney I, IRWIN S. MARKOWITZ, Secretary of INTEGRITY INSURANCE COMPANY, do hereby certify that the foregoing exc Resolution adopted by the Board of Directors of this corporation and the Power of Attorney issued pursuant thereto, are correct, and that both the Resolution and the Powers of Attorney are in full force dnd effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of the corpo!ation this 5th day of June a,/L $-@ T~%~-n,wP [,,,Q 9 ti IRWIN S. MARKOWITZ, Secretary I €Y&i I .. 0 -0 SECURITY BOND - PARK IN LIEU FEE NAME OF DEVELOPER: DATE OF AGREEMENT: THE ANDEN GROUP, a California qeneral partnershi[ SUBD MENT TITLE OF AGREEMENT: IVISION PARK -- IN TJEU EBS;PEE NAME OF SUBDIVISION! NAME OF SURETY: Sm FE KNOJ.T,S MA P UNIT 31C.T. 85 - 5 INTEGRITY INSURANCE COMPANY AMOUNT OF BOND: $71 -759.00 BOND NUMBER: ICB 011 098 EFFECTIVE DATE: June 5, I' PREMIUM: $718.00 WHEREAS, the City of Carlsbad, State of California, . heteinafter referred to as CITY, and the Developer names on Lir of Page 1 hereof, hereinafter referred to as DEVELOPER, have el into an agreement whereby developer agrees to pay a fee in lier park land dedication, which agreement, dated as shown on Line : Page 2 hereof and entitled as shown on Line 3 of Page 1 hereof SANTA FE KNOLLS MAP UNIT 3 , C.T. 85-5 (73 Unit is herel incorporated in this agreement by this reference; and WHEREAS, DEVELOPER is required under the terms of the in-lieu fee agreement to furnish a bond for the faithful perfo of said agreement; NOW, THEREFORE, WE the DEVELOPER and the Surety named Line 5 of Page 1 hereof, hereinafter referred to as SURETY, ax and firmly bound unto CITY 6 of Page 1 hereof, lawful 'money of the United States, for the payment of which sum well and truly to be made, we bind oursel our heirs, successors, executors and administrators, jointly i severally, firmly by these presents. in penal sum of the amount stated 0 -e 7 ._ The condition of this obligation is such that if the above bounden DEVELOPER, his/her or its heirs, executors, administrators, successors or assigns, shall in all things sta to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his/her OK their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to the true intent and meaning, and shall indemnify and save harmles: the CITY, its officers, agents and employees, as therein st-ipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall i included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the CITY in successfu: enforcing such obligation, all to be taxed as costs and incluc in any judgment rendered. Further, in addition to the face amount specified herein, it is agreed that surety shall be responsible for any increases in the amount of the obliqation secured hereby resulting from proper adjustments to the fee ii lieu of park land dedication made pursuant to the agreement wl is incorporated herein. I The SURETY hereby stipulates and agrees that no cham extension of time, alteration or addition to the terms of the agreement shall in any way affect its obligations on this bon and it does hereby waive notice of any such change, extension time, a1teratio.n or addition to the terms of the agreement.