HomeMy WebLinkAbout1986-07-08; City Council; 8692; FINAL MAP OF CARLSBAD TRACT 85-14, PHASE I (BATAQUITOS LAGOON EDUCATIONAL PARK)FINAL MAP OF CARLSBAD TRACT 85-14, PHASE I
OS LAGOON EDUCATIONAL PARK)
Approve Final Map of Carlsbad Tract No. 85-14 known as the Batiquitos Lagoon Educational Park.
Adopt Resolution No.
Adopt Resolution No.
Adopt Resolution No. gQb 6 accepting an agreement from Sammis regarding the property dedication for the Batiquitos Lagoon Enhancement
Program and the payment of fees predicated by the Growth Management
and setting the rate.
ITEM EXPLANATION
Engineering staff has completed checking the final map of Carlsbad Tract
vacate a portion of Avenida Encinas. The roadway will be realigned along
Windrose Circle and Avenida Encinas as presented on the tentative map and
connected to the proposed Avenida Encinas overcrossing of the AT&SF
railway. developer has offered to dedicate the realigned roadway on
In addition, the developer is presenting for Council
The
accept the offsite easement dedication.
The developer has also been requested by staff to provide an offsite
drainage easement to handle public drainage generated by this project. The
developer has secured dedication of the easement and is presenting it for Council for acceptance.
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B ' b?qlge 2 of Agenda Bill No. sd 9 2 ?:
A review of the Coastal Development Permit conditions was undertaken by the
staff with the following recommended items to appear on the Final Map:
1. In Fee Dedication
A. Prior to the transmittal of the Coastal Development Permit, the
applicant shall execute and record an irrevocable offer to dedicate fee title to the wetlands portion of the site (Exhibit 5
of the permit).
EL Prior to the transmittal of the permit, the applicant shall
execute and record an irrevocable offer to dedicate an open space
easement and deed restriction over the wetlands portion of the
site. The deed restrictions shall be binding until its
termination with the acceptance of the fee dedication provided in
'A' above.
2. Steep Slope/Bluff Habitat Area
Prior to the transmittal of the Coastal Development Permit, the
applicant shall submit (to CCC) an acceptable irrevocable offer to
dedicate an open space easement over all steep sloping lagoon bluffs as
noted on Exhibit 5. Note: Exhibit 5 indicates that the area between
the bluff tops and the wetlands shall be dedicated per Special
Condition No. 2. This would seem to indicate that all of the
designated open space on the site shall be offered for dedication prior
to the issuance of the permit (justification for making the offer of
dedication of all open space a condition of the final map). In
addition, improvements such as trails, erosion Control structures and
removal of debris shall be maintained by the applicant until it can be
provided through:
A. CC&R's of the subdivision; or
8.
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an accepting agency or public agency.
3. Buffer Zones/Setbacks
Prior to grading Area C (Phase I), the applicant shall submit final
grading and buffer zone plans that reflect the following:
a. Buffers betweeen the bluff edge and structures in Planning Areas
C, H, K and L shall be provided in accordance with Exhibit 5
(staff report), and
b. No buffer shall be less than 50 feet, except for specific home sites in Area C where the zone must be a minimum of 45 feet.
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The Parks and Recreation DiPeetor, using our current computation for p; in-lieu fees, based on the residential dwelling units planned covering
phases of Batiquitos Lagoon Educational Park, has calculated the minj fee which would be $344,530 or, in lieu of park-in-lieu fees, 3.95 acre:
be dedicated off-site in the southwest quadrant (District 3). The Pi
Commission twice to reject the turnkey park proposal made by Sar and to require either fees or land adjacent to the proposed HPI 1
dedication.
The detailed traffic study required by the Master Plan and the Tentai
Map has been completed and submitted to the City.
voted
FISCAL IMPACT
This project is estimated to generate sewer connection fees of apprc
mately $129,000 and Park-in-lieu fees of approximately $87,512 (77 sir
family detached at $784.00 per unit and 52 multiple family attachec
$522.00 per unit)), The exact amount of Public Facilities Fees are unki
until the applicant submits applications for building permits.
No detailed economic impact analysis of this development has
conducted. While increased operating expenses related to this develop1
are expected to be offset from increased tax or fee revenue, no e
percentage of offset can be predicted.
EXHIBITS
1. Plat of Project
2. Location Map
3. Plat of Easement
4. Grant Deed from Sammis Properties dated 3anuary 28, 1986
5. Resolution No. &-b 3 accepting a Grant Deed for drainage ease
purposes for the Batiquitos Lagoon Educational Park.
6. Grant Deed from Sammis Properties dated April 20, 1986.
7. Resolution No. '?G G '/ accepting a Grant Deed for roadway ease
purposes for the Batiquitos Lagoon Educational Park.
si'L6.5 I 8. Resolution No. summarily vacating a portion of Ave
Encinas.
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8 ' "P,age 5 of Agenda Bill No. 36 9 2, I' -\ w4
9. Agreements regarding property dedication for Batiquitos Lag
Enhancement Program and the payment of fees predicated by the Gro Management Program.
IO. Resolution No. v b G b accepting an agreement from Samrnis regard
the property dedication for the Batiquitos Lagoon Enhancement Prog and the payment of fees predicated by the Growth Management Program.
setting the rate.
12. Letter regarding agricultural conversion fee from Gary Wayne.
13. Resolution No. 8217 adopted October 15, 1985.
14. Analysis of California Coastal Commission requirements.
15. Letter to 3on Briggs regarding park dedication from Dave Bradstreet.
11. Resolution No. ~66 7 approving the agricultural conversion fee
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A.. .. FIRE HYDRANT
BATIQUITOS. . -LAGOON
EDUCATIONAL PARK
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WlNOROSI CIRCLE
oEolCATEO PER PHASE 1
SAMMIS PROPERTIES
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*.?' PLAT OF EASEMENT I
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AVENIDA ENCNAS
TO BE VACATED
LAKESHORE GARDENS
, PROJ. 'E:
NO. PROJECT NAME' BATIQUITOSc LAGOON
EDUCATIONAL PARK CT85-14
Order NO. k
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WHEN RECORDED MAIL TO:
2650 Camino del Rio North
Suite 100
San Diego, CA 92108
ATTN: Jon D. Briggs
SPACE ABOVE THIS LINE FOR RECORDER'S t
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DATED : 2-f4ilG THE DONALD F. SAMMIS CHILDREN'S
BY:
LEE C. SAMMIS, TRUSTEE
STATE OF CALIFOZNI.4 ) )ss.
COUNTY OF ORANGE )
On February 5, 1986, before me, the undersigned, a Notary Public in and for
said State, personally appeared LEE C. SAMMIS, personally known to me (or pro
to me on the basis of satisfactory evidence) to be the person that executed
the within instrument as Trustee on behalf of Donald F. Sammis Children's
Trust, the Trust therein named and acknowledged to me that the Trust executed
it.
WITNESS my hand and official seal. ~lIllnlllls11111lllnlllliHilliiliiil~iii~iii~iuiiii~~~~u~~~ii~ii~iiiiiiiiiiiiitiiiiiiiiiiiiiiiiiiiiiiiiiniiiiiiiiiiiiiiiiiiiiiiniiimii~ - - - - - - - - - - OFFICIAL SEAL - - - - - - - - - - - - - - LOUISE ALDOROTY = - - - - - - - - NOTARY PUBLIC. CALIFORNIA 2
- - PRINCIPAL OFFICE IN - - - - ORANGE COUNTY - My CornmissLon Expires April 18,1988 z lllllllilllrllllllllllullllillliilllilllllllllllllllllllllll,ll~~~ll,ll,llliilllllllllll 1l1111///1/1111111/oilllll lllllllllllllilllllllllllillip
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personally known to me or pmd-tame on the basis of satisfactory evidence to be the person who executed
the within instrument as the A <St V i rp ,, ! President, and SYLVIA DODu
2 personally known to me or
8 pmvcct tu =on the basis of satisfactory evidence to be
- Secretary of the Corporation
to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolution of its
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the erson. who executed the within instrument as the
that executed the within instrument and acknowledged i asse.- vice Pres
[ board of direct s.
I Signature LdmL 6 .Wl*/ WITNESS my and and official se
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RDTkRY P3BLIC I CXtFORN6A
PRNCIPAL OFFiCE iN MN DIEGO CGUMY
(This area for official notarid ad)
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84-8
EXHIBIT "A"
LEGAL DESCRIPTION
DRAINAGE EASEMENT
A STRIP OF LAND 20 FEET IN WIDTH ACROSS A PORTION OF LOT 2 OF PARCEL MAP NO. 13653, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY JANUARY 31, 1985, THE CENTERLINE WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 1 OF PARCEL MAP 13653 BEING A POINT ON THE WESTERLY BOUNDARY OF THE RIGHT-OF-WAY OF INTERSTATE ROUTE 5; THENCE N 89O57'36'' W 102.26 FEET TO THE INTERSECTION'OF THE WESTERLY LINE OF AVENIDA ENCINAS AS PROP0
FOR CARLSBAD TRACT 85-14 PHASE 1 SUBDIVISION AND THE NORTHERLY PROPERTY LINE OF SAID LOT 2; THENCE SOUTHERLY ALONG THE SAID WESTERLY LINE OF AVENIDA ENCINAS S THE BEGINNING OF A TANGENT 290.22-FOOT RADIUS CURVE CONCAVE
RADIUS CURVE 164.82 FEET THROUGH A CENTAL, ANGLE OF 320 32' 22"
TO THE BEGINNING OF A 252.00-FOOT RADIUS CURVE CONCAVE WESTERL A WIAL LINE THROUGH THIS POINT BEARS N 81O 59' 34" W; THENCE
SOUTHERLY ALONG THE ARC OF SAID 252.00-FOOT WIUS CURVE 131.6
FEET THROUGH A CENTRAL ANGLE OF 29O 55' 54"; THENCE TANGENT TO SAID 252.00-FOOT RADIUS CURVE S 37O 56' 20" W 28.55 FEET TO TH
BEGINNING OF A TANGENT 20.00-FOOT RADIUS CURVE CONCAVE NORTHER THENCE WESTERLY ALONG THE ARC OF SAID 20.00-FOOT RADIUS CURVE 29.70 FEET THROUGH A CENTRAL ANGLE OF 85O04'51"; THENCE S 33°01'11'' W 17.00 FEET TO THE TRUE POINT OF BEGINNING, SAID TRUE POINT OF BEGINNING BEING THE BEGINNING OF A 756.00-FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC SAID 756.00-FOOT RADIUS CURVE 365.00 FEET THROUGH A CENTRAL AN
OF 27O39 '46".
STATE OF CALIFORNIA,
24O 31' 56" E 1.71 FEET TO
WESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID ~~o.~~-FooT
EXPIRATION DATE: 3/31/8
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EXHI BIT 'I B"
LEGAL DESCRIPTION
DRAINAGE EASEMENT
A STRIP OF LAND FIFTEEN (15) FEET IN WIDTH ACROSS A PORTION C LOT 4 OF PARCEL MAP NO. 13653, IN THE CITY OF CARLSBAD, COUNTl
SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COI
RECORDER OF SAN DIEGO COUNTY JANUARY 31, 1985, MORE PARTICULAI;
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 3 OF SAID PARCEL MAP 13653, BEING A POINT ON THE EASTERLY BOUNDARY LINE OF THE RIG€ OF-WAY OF THE ATCHISON, TOPEKA AND SANTA €E RAILROAD COMPANY (COAST LINE) AND THE BEGINNING OF A 11,559.20-FOOT RADIUS CUR\ CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE
234.59 FEET THROUGH A CENTRAL ANGLE OF lo 09' 46"; THENCE
LEAVING SAID EASTERLY BOUNDARY LINE N 47O 20' 10'' E 132.33
FEET; THENCE S 870 12' 01" E 492.90 FEET; THENCE N go 55'
22'' W 479.30 FEET; THENCE N 3O 52' 21" E 298.82 FEET ALONG THE
EASTERLY LINE OF SAID LOT 4 TO THE TRUE POINT OF BEGINNING;
THENCE N 330 44' 11" W 138.10 FEET TO A POINT ON THE FUTURE
SOUTHERLY RIG?Xf-OF-WAY LINE FOR WINDROSE CIRCLE, SAID SOUTHER1
LINE BEING A 773.00-FOOT WIUS CURVE CONCAVE NORTHERLY; THENC
EASTERLY ALONG THE ARC OF SAID 773.00-FOOT RADIUS CURVE 16.17
FEET THROUGH A CENTRAL ANGLE OF lo 11' 54"; THENCE LEAVING SAT
SOUTHERLY RIGHT-OF-WAY LINE S 33O 44' POINT ON "HE EASTERLY LINE OF SAID LOT 4; THENCE S 3O 52' 21" 21.58 FEET TO THE TRUE POINT OF BEGINNING.
11" E 112,61 FEET TO A
EXPIRATION DATE: 3/31/89
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APPLICANT:
SAN DIEGO, CA. 92i08 T€L : f6/9! 2987112
sa~~1.5 PROPERTIES z650 cwa DEL RioNm io0
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DRAINAGE EASEMENT fl-CARLSBAD,RN. *,
24 PREPARED BY:
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nATr- I EN. O'DAY I RPF 777fd
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8663 RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ACCEPTING A GRANT DEED.
WHEREAS, Sammis Properties and Lee C. Sammis, Trus
the Donald F. Sammis Children’s Trust Fund have submi
Grant Deed conveying an easement to the City of Carlsb<
roadway purposes over a portion of Windrose Circle and A
Batiquitos; and
WHEREAS, the City Council of the City of Carlsb<
determined it to be in the public interest to accepl
Deed;
NOW, THEREFORE, BE IT RESOLVED by the City Council (
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Grant Deed from Sammis Properties and L
Sammis, Trustee of the Donald F. Sammis Children’s Trust
dated April 20, 1986, conveying an easement for ro I puproses over a portion of Windrose Circle and Av
i Batiquitos to the City of Carlsbad which is on file wit I City Clerk and is incorporated herein by reference
I accepted.
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3. That the City Clerk is authorized to cause
original Deed to be recorded in the Office of the C
Recorder of San Diego County, State of California, wit
appropriate Certificate of Acceptance attached.
PASSED, APPROVED AND ADOPTED at a regular rneetir
thecarlsbad City Council held on the 8th day of July
1986 by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and
NOES: None
ABSENT: None Lh22L&* 1-
MARY H. ;/CASLER, Mayor ATTEST:
ALETHA L. RAUTENKRANZ, CityJClerk
(SEAL)
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0Fer.r No.., 0
a Escro\;vNo.
v'Lodn No'. ' 1 ' -, ,a '
WHEN RECORDED MAIL TO:
City of Carlsbad 1200 Elm Avenue Carlsbad, Ca. 92008
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SPACE ABOVE THIS LINE FOR RtCORDER'S US
. .,- 'a e,
4'
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Lee C. Sammis, Trustee
Donald F. Sammis Childrc
DATED : q/ pjsb BY:
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE 1
On &d 6*1986, before me, the undersigned, a notary Public in and f
said State, personally appeared LEE C. SAMMIS, personally known to me (or
to me on the basis of satisfactory evidence) to be the person that execut
within instrument as Trustee on behalf of Donald F. Sammis Children's Tru
the Trust therein named and acknowledged to me that the Trust executed
it.
WITNESS my hand and official seal.
*____-__---_---_---------- ' -----*---- BfCtBTA- SEAL' - - 'i LOUISE ALOOROTY t NOTARY PUBLIC CALIFORNIA: PRtWIPAL OfFlCE IN t ORANGE COUNTY I
D_n_Ex!I_RIs_&PflL Ys, J?.@ J
I 'e 0 84-8019
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b, .' EXHIBIT "A"
AVENIDA BATIQUITOS
PORTIONS OF LOTS 2 AND 4 OF PARCEL MAP NO. 13653, IN THE CITY
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN T OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 31,
1985, DEDICATED TO THE PUBLIC FOR STREET PURPOSES, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 2 AS SHOWN ON PARCEL
NO. 13653, SAID PROPERTY CORNER BEING ON THE EASTERLY BOUNDAR! THE RIGHT-OF-WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAI
COMPANY (COAST LINE), THENCE SOUTHERLY ALONG SAID EASTERLY
BOUNDARY S 21O 08' 29'' E 1249.99 FEET TO THE TRUE POINT OF
BEGINNING AND THE BEGINNING OF A 598.00-FOOT RADIUS CURVE CON(
NORTHERLY, A RADIAL LINE THROUGH SAID POINT BEARS N 08O 47' 31
W; THENCE LEAVING SAID EASTERLY BOUNDARY EASTERLY ALONG THE AI OF SAID 598.00-FOOT RADIUS CURVE , 52.91 FEET THROUGH A CENTRl
ANGLE OF So 04' CURVE CONCAVE NORTHERLY, A RADIAL LINE THROUGH SAID POINT BEAI
13O 51' FOOT RADIUS CURVE 33.77 FEET THROUGH A CENTRAL ANGLE OF 2O 42
8"; THENCE TANGENT TO SAID CURVE N 73O 26' 06" E 16.52 FEET TC
THE BEGINNING OF A TANGENT 20.00-FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID 20.00-PC
TO THE BEGINNING OF A TANGENT 773.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE THROUGH THIS POINT BEARS N 78O 02
50" E; THENCE SOUTHERLY ALONG THE ARC OF SAID 773.00-FOOT RAD1 CURVE 124.90 FEET THROUGH A CENTRAL ANGLE OF 9O 15' 29" TO THE
BEGINNING OF A TANGENT 20.00-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE THROUGH THIS POINT BEARS S 68O 4E
21" W; THENCE WESTERLY ALONG THE ARC OF SAID 20.00-FOOT RADIUS
CURVE 29.80 FEET THROUGH A CENTRAL ANGLE OF 85O 22' 15"; THENC
TANGENT TO SAID CURVE S 73O 26' 06" W 16.52 FEET TO THE
BEGINNING OF A TANGENT 804.00-FOOT RADIUS CURVE CONCAVE
NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID 804.00-FOOT RADIUS CURVE 15.48 FEET THROUGH A CENTRAL ANGLE OF lo 06'
TO THE BEGINNING OF A TANGENT 922.00-FOOT RADIUS CURVE CONCAVE
NORTHERLY, 44
W; THENCE WESTERLY ALONG THE ARC OF SAID 922.00-FOOT RADIUS CL
63.85 FEET THROUGH A CENTRAL ANGLE OF 3O 58' 04" TO A POINT Oh THE SAID EASTERLY BOUNDARY OF THE ATCHISON, TOPEKA AND SANTA E
BEARS N 1l0 29' 40" W; THENCE NORTHERLY ALONG SAID EASTERLY
BOUNDARY N 210 08' 29" W 90.32 FEET TO THE TRUE POINT OF BEGINNING.
09" TO THE BEGINNING OF A 716.00-FOOT RADIUS
THENCE EASTERLY ALONG THE ARC OF SAID 716.00- 47" W;
RADIUS CURVE 29.80 FEET THEIOUGH A CENTRAL ANGLE OF 950 22' 1s''
10"
A RADIAL LINE THROUGH THIS POINT BEARS N 15O 27'
RAILROAD COMPANY RIGHT-OF-WAY, A RADIAL LINE THROUGH SAID POI1
EXPIRATION DATE: 3-3
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84-8019
EXHI BIT " B"
WINDROSE CIRCLE
PORTIONS OF LOTS 2 AND 4 OF PARCEL MAP NO. 13653, IN THE CITY CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN T OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 31,
1985, DEDICATED TO THE PUBLIC FOR STREET PURPOSES, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 2 AS SHOWN ON PARCEL
NO. 13653, SAID PROPERTY CORNER BEING ON THE EASTERLY BOUNDARY THE RIGHT-OF-WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD COMPANY (COAST LINE), THENCE SOUTHERLY ALONG SAID EASTERLY BOUNDARY S 21O 08' 29" E 1249,99 FEET TO THE BEGINNING OF A
598.00-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE 'II.IR0 SAID POINT BEARS N 080 47' 38" W; THENCE LEAVING SAID EASTERLY BOUNDARY EASTERLY ALONG THE ARC OF SAID 598.00-FOOT RADIUS CUR 52.91 FEET THROUGH A CENTRAL ANGLE OF 5O 04' 09" TO THE
BEGINNING OF A 716.00-FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE THROUGH SAID POINT BEARS N 13O 51' 47' W; THENCE EASTERLY ALONG THE ARC OF SAID 716.00-FOOT RADIUS CURVE 33.77
FEET THROUGH A CENTRAL ANGLE OF 2O 42' 08"; THENCE TANGENT TO SAID CURVE N 73O 26' 06" E 16.52 FEET TO THE BEGINNING OF A
TANGENT 20.00-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE
NORTHERLY ALONG THE ARC OF SAID 20.00-FOOT RADIUS CURVE 29.80 FEET THROUGH A CENTRAL ANGLE OF 85O 22' 15" TO THE TRUE POINT OF BEGINNING, A RADIAL LINE THROUGH THIS POINT BEARS N 78O 03'
50" E; THENCE RADIALLY N 78O 03' 50" E 96.00 FEET TO THE
BEGINNING OF A 677.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID 677.00-FOOT RADIUS CUR\
545.95 FEET THROUGH A CENTRAL ANGLE OF 46O 12' 18"; THENCE S
RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHERLY ALONG THE 280 13' 02" W 96.17 FEET TO THE BEGINNING OF A 773.00-FOOT
ARC OF SAID 773.00-FOOT RADIUS CURVE 629.47 FEET THROUGH A CENTRAL ANGLE OF 46O 39' 28'' TO THE TRUE POINT OF BEGINNING.
EXPIRATION DATE: 3-31-89
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FOUND.' 2'WON PIP€ 62 DISC
C/RcLE PER c2
AVEIVIDA E'CINAS
VACATED PER Dm.
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AVENlDA ENClNAS
TO BE VACATED
- LAKESHORE GARDENS
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1)
8664 RESOLUTION NO.
e
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ACCEPTING A GRANT DEED.
WHEREAS, Sammis Properties and Lee C. Sammis, Trus
the Donald F. Sammis Children's Trust Fund have submi
Grant Deed conveying an easement to the City of Carlsb
drainage purposes located at the north end of Windrose C
and
WHEREAS, the City Council of the City of Carlsb
determined it to be in the public interest to accep
Deed;
NOW, THEREFORE, BE IT RESOLVED by the City Council
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Grant Deed from Sammis Properties and
Sarnmis, Trustee of the Donald F. Sammis Children's Trust
dated 3anuary 28, 1986, conveying an easement for dr,
purposes located at the north end of Windrose Circle I
1 /I/
1 City of Carlsbad which is on file with the City Clerk ,
incorporated herein by reference, is accepted. I
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3. That the City Clerk is authorized to cause
original Deed to be recorded in the Office of the C
Recorder of San Diego County, State of California, wit1
appropriate Certificate of Acceptance attached.
PASSED, APPROVED AND ADOPTED at a regular meetir
thecarlsbad City Council held on the 8th day of .7,,ly
1986 by the following vote, to wit:
AYES:
NOES: None
ABSENT: None
Council Members Casler, Lewis, Kulchin, Chick an
A&&??/ L
MARY H. CASLER, Mayor ATTEST:
A-
ALETHA L. RAUTENKRANZ, City derk
(SEAL)
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AGREEMENT REGARDING TENTATIVE MAP NO. 85-14
THIS AGREEMENT ("Agreement") is made and entered into this f
day of TULY
CARLSBAD, a municipal corporation ("City") and Sammis Propert
a California corporation, ("Developer") , with reference to thl
following facts:
, 1986 by and between THE CITY OF
A, The Batiquitos Lagoon Educational Park Master Plan and
Tentative Map ("TM") No. 85-14 were approved by the City
Carlsbad on October 15, 1985 with respect to certain
property adjacent to the Batiquitos Lagoon within the Ci
of Carlsbad. Said property is more particularly describ
on Exhibit A hereto.
B, Carlsbad Municipal Code Section 21 .90,030 (9) (5) provides
follows:
"(9) The City Council may authorize the processing and decision making on building permits and development
permits for a project with a master plan approved before
(4) Building permits for the 129 unit resident portion of Phase I of the project may be approved provic the applicant has provided written evidence that an educational entity will occupy Phase I of the project wl the City Council finds satisfactory and consistent with goals and intent of the approved master plan. (5) Prior to the approval of the final map foi Phase I the master plan developer shall have agreed to participate in the restoration of a significant lagoon z wetland resource area and made any dedications of propel necessary to accomplish the restoration."
July 20, 1986 subject to the following restrictions:
R* 0
.$ L
c. In order to satisfy the requirements of Carlsbad Municip
Code Section 21.90.030 (9) (4) & (5) t Developer is desirou
entering into an agreement with the City.
NOW THEREFORE, it is agreed as follows:
1. As required by Carlsbad Municipal Code Section 21.90.030
(4), Developer agrees that prior to the issuance of buil
permits for the 129 unit residential portion of Phase 1
the subject subdivision, written evidence shall be submi
to the City Council that an educational entity will occt
Phase I of the project which the City Council finds
satisfactory and consistent with the goals and intent 01
approved master plan.
2. (a) As required by Carlsbad Municipal Code Section
21.90.030 (9) (5) , Developer agrees to participate ii
restoration of the Batiquitos Lagoon and surroundii
wetland resource area and make any dedications of
property deemed as necessary by the Carlsbad City
Council to accomplish the restoration.
(b) The City Council hereby acknowledges that: (i) Sa
restoration requires the cooperation of various
parties, including, but not limited to, the Develo;
California Coastal Commission, and State Lands
Commission: (ii) Developer is required to satisfy
-2-
I
1. '1) *
-.
Special Conditions Nos. 1 and 2 of Coastal Developme
Permit No. 6-85-482, (attached hereto as Exhibit B),
which directly relate to the implementation of said
restoration; (iii) Developer satisfaction of Specia:
Condition Nos. 1 and 2 of said Coastal Development
Permit in a manner acceptable to the City Manager ai
City Attorney will satisfy the obligations to make
dedications as provided in Carlsbad Municipal Code
Section 21.90.030(g) (5).
(c) Subject to the provisions of paragraphs (a) & (b)
hereof, in order to implement said restoration,
Developer shall offer to dedicate to the City, an
easement in a form suitable to implement said
restoration and acceptable to the City Attorney. 1:
offer shall be made prior to or current with the
recordation of the Final Map for Phase I of Devel01
project. City agrees that it will not accept the c
unless the dedication of property pursuant to paras
(b) is not made or is not sufficient to accomplish
lagoon restoration. The offer will automatically
expire upon acceptance by appropriate state agency
the property interest described in paragraph (b) a:
determination by that agency that the property
interests are sufficient to accomplish the restora
-3-
P
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.%
'' 3. Upon: (i) Satisfaction of paragraph 2. (b) above, as
evidenced by written confirmation from the California
Coastal Commission Executive Director, in form acceptabl
the City Manager and City Attorney, or (ii) alternative1
upon acceptance of the offer of dedication pursuant to
paragraph 2. (c) above, City shall release the property
which said conditions are applicable from the obligatior
this Agreement.
furnishing to Developer a release of obligation in
recordable form for said property.
This is to be accomplished by City
4. The burdens of this Agreement bind and the benefits of I
Agreement inure to the parties' successors in interest.
5. All notices required or provided for under this Agreemei
shall be in writing and delivered in person or sent by
certified mail, postage prepaid. Notice shall be effec
on the date delivered in person or the date when the PO
authorities indicate that the mailing was delivered to
address of the receiving party indicated below:
To City: City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
At t en t ion !
2650 Camino Del Rio North,
Suite 100
San Diego, CA 92108
Attention: Jon D. Briggs
To Developer: Sammis Properties
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t
EXHIBIT A
PROPERTIES
LEGAL DESCRIPTION
LOT 3 OF PARCEL MAP NO. 13653, IN THE CITY OF CARLSBAD, COUNTY SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COU RECORDER OF SAN DIEGO COUNTY, JANUARY 31, 1985 AS FILE NO. 85-033316 OF OFFICIAL RECORDS; AND
LOT 3 OF CARLSBAD TRACT 82-18 (BATIQUITOS POINTE), MAP NO. 11; IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF DIEGO COUNTY JULY 16, 1985.
>' '0 e
A party may change its address by giving notice in writin
to the other party in the manner provided above.
6. This Agreement shall be construed in accordance with the
laws of the State of California.
brought in any court of competent jurisdiction, the
prevailing party in such action shall be entitled to all
attorneys' fees, court costs and necessary disbursements
connection with such litigation.
Should any action be
IN WITNESS WHEREOF this Agreement has been entered into on thc
day and year first above written.
CITY OF CARLSBAD SAMMIS PROPERTIES
By : 'tlu;d.L *y:h-74g? \;
MARY H. CASLER, Mayor
-- -----
(Corporation) *.
I :*FW; 1 ss
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I STATE OF CALIFORNIA B &I COUNTYOF California
='. !\ On July 8, 1986 before me, the undersigned, a Notary Public in and for said . personally known 10 me (or proved to me
President, and
of the corporation that executed the within Instrument.
g State, personally appeared DONALD F . S-
t W
5 I known to me to be the persons who executed tzhin
ci. y Instrument on behalf of the corporation therein named. and 3 0 acknowledged to me that such corporation executed the within u z instrument pursuant to its by-laws or a resolution of its board 2 u) ofdirectors g i WITNESS my hand and official seal
e
on the basis of satisfactory evidence) to be the
c IC {E vt,
1- 1 I I Signature b, 4' &&+/
D.R. Ables
Name (Typed or Pnnted)
OFC-2058
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GECRGE Dfux * e. L-kvLLWl/ w el- .. : ,
1*
S7A;E' CF &C.RNlA-THE RESOURCES AGW0
Date January 22, 1986 CA'ilFQRNIA COASTAL COMMISSrON
SAtJ DIEGO COAST DISTRICT
Application No. 6 -8 5-482 1333 CArAINO DE1 RIO SOUTH, SUln 125
SAN D!EGO, CA 92108-3520
l619) 297-9716 Page 1 of 10
NOTICE OF INTENT TO ISSUE PERMIT
On November 22, 1985 * the California Coastal Commission approved .
application of Sammis Properties * subject
the attached standard and special conditions, for the development described below:
Description: Subdivision of a 167.9 acre site; Master Plan for approval of
mixed use, planned community development, consisting of: a
graduate university, research and development offices,
complex, 603 (maximum) residential units in single-family and
multi-family structures; and construction of Phase One of the
Master Plan consisting of a portion of the university and 129 residential units.
recreational facilities, a commercial center, hotel conferenc
Master Plan
Lot Area 167.9 acres . Bui lding Coverage 29.3 acres (17%) Pavement Coverage 35.4 acres (22%)
Unimproved Area 33.5 acres (18%)
Landscape Coverage 69.7 acres (43%) Parking Spaces 6,115
Project Density 13 du/ac (average for all res. areas
Max. Ht abv fin grade 90-feet
Zon i ng PC
Location: North shore of Batiquitos Lagoon between Interstate 5 and Carlsbad Boulevard, Carlsbad, San Diego County.
APNs 21 6-1 40-01,03,09,10 and 21 6-1 50-1 0
The permit will be held in the San Diego District Office of the Commission, pending fulfillment of Special Conditions 1 through 15 . When these conditions have been satisfied, the permit will be issued.
THOMAS A. CRANDALL
DISTRICT DIRECTOR
BY
'L f'QL U44L 7%-h-ew\
e e .. 4
.I a NOTICE OF INTENT TO ISw4& PERMIT NO. 6-05-482 .. Page. 2. pf 10
STANDARD CONDITIONS:
1. Notice of Receipt and Acknowledgement. The permit is not valid and
development shall not commence until a copy of the permit, signed by tht
permittee or authorized agent, acknowledging receipt of the permit and
acceptance of the terms and conditions, is returned to the Commission
off ice.
2. Expiration. If development has not commenced, the permit will expire tr
years from the date on which the Commission voted on the application.
Development shall be pursued in a diligent manner and completed in a
reasonable period of time. Application for extension of the permit musi be made prior to the expiration date,
3. ComDliance. All development must occur in strict compliance with the
proposal as set forth below. Any deviation from the approved plans mus' be reviewed and approved by the staff and may require Commission approw
4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission.
5. Inspections. The Commission staff shall be allowed to inspect the site
and the development during construction, subject to 24-hour advance not
6. Assignment. The permit may be assigned to any qualified person, providi
assignee files with the Commission an affidavit accepting all terms and conditions of the permit.
7. Terms and Conditions Run with the Land. These terms and conditions sha be perpetual, and it is the intention of the Commission and the permitt
to bind all future owners and possessors of the subject property to the terms and conditions.
SPECIAL CONDITIONS:
1. In Fee Dedication.
A. Prior to transmittal of the coastal development permit, the applicant shall execute and record an irrevocable offer to dedicate fee tit for the wetland portions of the site, designated on Exhibit No. 5 of the st
report. The document shall include legal descriptions of both the applican
entire parcel(s) and the area to be dedicated. The offer to dedicate shall
in a form acceptable to the Executive Director and run in favor of the Peop
of the State of California. Said fee title may be accepted by the Wildlife
. ' %-I NOTICe OF INTENT f0 I*, PERHIT NO. 6-85-482 a . Pdge 3 of 10
), ...
SPECIAL CONDITIONS - continued:
Conservation Board of the State of California or other public resource management agency acceptable to the Executive Director. Any public agency accepting such dedication shall limit uses in the area to natural resource
education, research or enhancement programs.
The offer of dedication shall be recorded free of prior liens, except for t, liens, and free of prior encumbrances which the Executive Director deterrninl
may affect the interest being conveyed. The offer to dedicate shall be binding to successors and assigns of the applicant or landowner. The offer dedicate shall be irrevocable for a period of 21 years, such period running from the date of recording.
applicant shall execute and record an irrevocable offer to dedicate an open
space easement and deed restriction over the wetland portions of the site, designated on Exhibit No. 5 of the staff report. The document shall includ
legal descriptions of both the applicant's entire parcel and the easement areas and shall prohibit any alteration of landforms, placement or removal
vegetation, or erection of structures of any type unless approved by the
Coastal Commission or its successor in interest, except as specified in thi permit. Erosion control structures may be allowed within the restricted ar if approved by the Executive Director, in consultation with the Department Fish and Game, pursuant to the terms and conditions of this permit.
The offer of dedication and deed restriction shall be recorded free of pric
liens, except for tax liens, and free of prior encumbrances which the
Executive Director determines may effect the interest being conveyed. The offer shall run with the land in favor of the People of the State of Cali-
fornia, binding successors and assigns of the applicant or landowner. The offer to dedicate shall be irrevocable for a period of 21 years, such peric running from the date of recording. The deed restriction contained in the
offer shall be binding from the date of recording until its termination wit
the acceptance of the fee dedication. If title to the property is acceptec a public agency as provided above in paragraph A, then this offer to dedic?
and deed restriction, or the open space easement created by the acceptance thereof, shall terminate.
coastal development permit, the applicant shall submit, in a form acceptab
to the Executive Director, an irrevocable offer to dedicate to a public agl or to a private association acceptable to the Executive Director, an open space easement over the steep sloping lagoon bluff areas of the site as indicated on Exhibit #5 of the staff report.
B. Prior to transmittal of the Coastal Development Permit, the
2. Steep Slope/Bluff Habitat Areas. Prior to the transmittal of the
.' :* '. NOTICE OF INTENT TO ' I dh PERMIT NO. 6-85-482 .. * Page 4 of 10 -.
SPECIAL CONDITIONS - continued:
The document shall include legal descriptions of both the applicant's entir
parcel and the easement areas. It shall prohibit the alteration of landfor
placement or removal of vegetation, or erection of structures of any type
unless approved by the Coastal Commission or its successor in interest, exc as specified in this permit.
structures, and removal of debris shall be permitted, as approved by the Executive Director in consultation with the Dept of Fish and Game, pursuant
the Special Conditions of this permit.
Any improvements permitted in this area shall be maintained on an ongoing
basis through one of the following means:
in the CC&R1s of the subdivision;
Public pedestrian trails, erosion control
(1) The Batiquitos Lagoon Educational Park, with maintenance provided 1
(2) a maintenance district; (3) a public agency; or,
(4) the accepting agency, which shall have discretion of accepting
maintenance responsibility at the time of acceptance of the easemer
Until maintenance is assumed by one of the above, the applicant shall retai responsibility for the area. Further, a maintenance plan designating
Executive Director.
Such easement shall be recorded free of prior liens, except for tax liens,
and free of prior encumbrances which the Executive Director determines ma
effect the interest being conveyed. The offer shall run with the land in
favor of the People of the State of California, binding the successors and
assigns of the applicant or landowner.
irrevocable for a period of 21 years, such period running from the date of
recording .
3. 1 i sted bel ow:
responsibility shall be submitted for the review and written approval of tl
The offer of dedication shall be
Future Development. This permit is valid only for the proposals
(A) Conceptual approval of the Batiquitos Lagoon Educational Par
Master P1 an ;
(6) Subdivision of the site in accordance with Tentative Map 85-
and
grading and construction for a portion of area A, areas B ar
as indicated on Exhibit #4 of the staff report.
(C) Implementation of Phase One of the Master Plan including:
. *-. NOTICE OF INTENT TO *a IS PERMIT NO. 6-85-482 0 .. ' Page 5 of 10
-,
SPECIAL CONDlTIONS - continued:
Subseauent implementation phases and elements of the project, including any realignment of Carlsbad Boulevard, shall require review and approval under
[a] separate coastal development permit[s].
4. Erosion, Sedimentation and Drainage.
A. Submittal of Plans
Prior to the transmittal of the coastal development permit, thc
applicant shall submit for the review and written approval of the Executive
Director an erosion, sedimentation and drainage plan for the project. The
plan shall be prepared and reviewed in accordance with the 1980 Master
Drainage Plan for the City of Carlsbad, including the Model Erosion Contro'
Ordinance contained in the plan.
The erosion, sedimentation and drainage plans shall include:
1) A runoff control plan designed by a licensed engineer
increase in peak runoff rate from the developed site over the
greatest discharge expected from the existing undeveloped site
as a result of a 10-year, 6-hour frequency storm. Runoff
control shall be accomplished by a variety of measures,
including but not limited to: on-site catchment basins, detention basins, siltation traps and energy dissipators.
2) Detailed maintenance arrangements and various alternatives for providing the on-going repair and maintenance of any
approved drainage and erosion control facilities including the existing desilting basin located in area 0. If the off-site or on-site improvements are not to be accepted or
maintained by a public agency, detailed maintenance agreements
binding the applicants and their successors in interest shall
be secured prior to the transmittal of the permit. Such
agreements shall be subject to the review and written approval of the Executive Di rector.
3. A plan and map for the protective staking and fencing off of
the steep sloping bluff areas to be retained in open space
pursuant to Special Condition 2 of this permit and as indicated on Exhibit #S of the staff report. The plan shall
specifically prohibit operating or parking earth moving equip- ment within or through these areas, stockpiling of earthwork
qualified in hydrology and hydraulics, which would assure no
t
0 \.* *
' X NOTICE OF INTENT TO ' I @ PERMIT NO. 6-85-482
' Page 6 of 10
!
SPECIAL CONDITIONS - continued:
or other disturbances within open space areas, except as per-
mitted for erosion or sedimentation control purposes as allowed under Special Condition #2.
placement of fencing prior to any earthwork, grading or site
clearance.
Commission shall also be provided, in order to allow for a field
inspection after said staking and fencing is in place, but prior t
commencement of grading, to assure compliance with the intent of
these special conditions.
The plan shall provide for the
Coordination with the District staff of the Coastal
B. Gradinq Activities.
For all phases of construction, the applicant shall comply with
these additional provisions on grading and erosion control:
1. All permanent runoff and erosion control devices shall be developed and installed prior to or concurrent with any on-site
grading activities.
2. All grading activities, including that required for streets
and utilities, shall be prohibited within the period from October 1st to March 31st of each year, except as permitted by the Executive Director with concurrence of the Department of Fish and
Game and Carlsbad City Engineer, provided however in no event may area greater than the First Phase be graded during said period
without prior approval of the Commission.
3. All areas disturbed by grading, but not completed during the
construction period, shall be planted and stabilized prior to
October 1st with temporary or permanent (in the case of
finished slopes) erosion control measures and landscaping. The u!
of temporary erosion control measures,such as berms, interceptor
ditches, sandbagging, filtered inlets, debris basins and silt trai
loss from the construction site.
Said planting shall be accomplished under the supervision of a licensed landscape architect and shall consist of seeding, mulchir
fertilization and irrigation adequate to provide 90 percent coveri
within 90 days. Planting shall be repeated, if the required leve'
of coverage is not established with in that 90 day period.
This requirement shall apply to all disturbed soils, including
stockpiles. All planting shall conform to an approved landscapinc
plan per Special Condition #5 of this permit. Revegetation of graded pad areas may be required upon a written determination by .
Executive Director that planting is necessary either to assure
adequate erosion and sedimentation control or to maintain the scei
integrity of the site.
shall be utilized in conjunction with plantings to minimize soil
, -* J NOFICE*OT INTENT TO I@ PERMIT NO. 6-85-482 @ Page, 7 of 10
SPECIAL CONDITIONS - continued:
5. Landscaping. Prior to the transmittal of the permit, a detailed
landscaping plan indicating the type and location of plants and hydroseedir material, irrigation system and other landscape features for the project
shall be submitted for the review and written approval of the Executive
Director. Drought tolerant plant materials and native vegetation shall be
utilized to the maximum extent feasible.
landscape plan shall be reviewed by the Executive Director in consultation
with the State Department of Fish and Game to guard against introduction oi
any species which are inherently noxious to, or incompatible with, the
adjacent lagoon habitat.
Landscaping in areas adjacent to the lagoon bluff, Interstate #5 and Carlst
landscape screen to buffer development in these areas from view from the
adjoining roadways and from the lagoon. To assure that the landscape
screening remains effective through the life of the project, the CC&Rs of -
property owners association shall include provisions to prohibit the removi
of the landscape materials and to assure their continued existence in a
healthy and thriving condition.
6. Final Grading Plans. Prior to transmittal of the coastal developmi
permit, the applicant shall submit for the review and written approval of . Executive Director, the final grading plans for the Phase 1 grading approvl
in the subject permit. The plans shall clearly show the existing and
finished contours and topography of the areas to be graded or filled, as wl
as the existing topography of the areas to be left in their natural condit
as open space. The plans shall be certified by a registered engineer or
other qualified professional, to be true and accurate.
The plant species list and
Boulevard shall include the use of specimen-sized trees to provided a
The plan shall also contain reasonably accurate estimates of the amount of
cut and fill grading required. The plans shall further include a grading
schedule which outlines the units of grading that can be completed during
non-rainy season (April 1- Oct. 1). Any variation from this schedule shal
be reported to the Executive Director immediately.
shall submit for the review and written approval of the Executive Director final grading and buffer zone plans for the area to be graded.
shall reflect the following criteria and shall be reviewed in consultation with the State Department of Fish and Game. This criteria shall be applie
to area C of the Master Plan, currently proposed for implementation, and t
areas H, K and L of the Master Plan in subsequent permit applications
pursuant to Special Condition # 3 of this permit.
7. Buffer Zones/Setbacks. Prior to grading in area C, the applicant
The plans
t.. * NOTICE OF INTENT TO '# 1. i PERMIT NO. 6-85-482 e . -.
, Page 8 of 10
>% ..
SPECIAL CONDITIONS - continued:
Buffer zones between the lagoon bluff edge and bluff top structures for ari
C, H, K and L shall be provided in accordance with Exhibit #5 of the staff
report. Specifically, no buffer zone shall be less than 50-feet in width,
except for the areas of specific home sites in area C where a buffer zone with a minimum width of 45 feet shall be allowed.
8. Applicant's Assumption of Risk. Prior to transmittal of the permi
plan areas N.O.P,C.H,L and the southerly 100-feet of area K, in a form and
the applicant as landowner shall execute and record a deed restriction ove
content acceptable to the Executive Director, which shall provide: (a) th the applicant understands that the site may be subject to extraordinary
hazard from erosion and the applicant assumes the liability from such hazards; and (b) that the applicant unconditionally waives any c?airn of liability on the part of the Commission and its advisors relative to the
Commission's approval of the project for any damage due to natural hazards
The document shall run with the land, binding all successors and assigns, i
shall be recorded free of prior liens and encumbrances which the Executive
Director determines may affect the interest being conveyed.
9. State Lands Commission Review. Prior to transmittal of the coasta development permit, the permittee shall obtain a written determination fror
the State Lands Commission that:
A. No State Lands are involved in the development, or
8, State Lands are involved in the development and all permits
required by the State Lands Commission have been obtained, or
C. State Lands may be involved in the development, but pending a
final determination an agreement has been made with the State Lands Commission for the project to proceed without prejudice that determination.
10. Archaeoloqy. A limited testing program followed by a program of implemental preservation and/or impact mitigation for sites identified in i EIR for the the project shall be implemented as recommended in the EIR and
required by the City of Carlsbad. Any change in this requirement shall be
reported to and approved in writing by the Executive Director.
11. Agricultural Conversion Mitigation Fee. The applicant shall subn evidence that, consistent with the Commission certified West Batiquitos
Lagoon/Sammis Properties LCP segment, the required Agricultural Conversion
Mitigation Fee for the 100 acres of agricultural land affected by the
subdivision and Master Plan, has been paid and that such funds have been deposited with the State Coastal Conservancy. The applicant shall have thc
. -. .1, .. .** * NOTICE OF INTENT io Ise PERMIT NO. 6-85-482
, Page 9 of 10
j.
SPECIAL CONDITIONS - continued:
option of payjng such fees in accordance with the three (3) phases of the
project as specified in the Master Plan.
prior to the transmittal of the coastal development permit and shall be subject to the review and written approval of the Executive Director,
permit, the applicant shall submit a comprehensive sign program for the
project which shall include the use of freeway directional signs and other
community identification or directional signs to direct traffic to the site via the Avenida Encina access rather than the Carlsbad Boulevard access
proposed for implementation in Phase 3 of the Master Plan. The sign progra shall be subject to the review and written approval of the Executive Direct
13. Public Access. Prior to transmittal of the coastal development permit, the applicant shall submit a public access plan for the project whi
assures compliance with the following requirements:
Such evidence shall be submitted
12. Signaqe. Prior to the transmittal of the coastal development
(A) maintained for public use and shall be appropriately marked with
public access identification signs at the vista points and other
areas to direct the public to those sites.
(E) area C, Navigator Circle shall not be limited to private use as
currently indicated on project plans.
(C) A continuous public access path shall be provided along the north shore of Batiquitos Lagoon. The location of such access pat shall be determined subsequent to Commission review of the
Batiquitos Lagoon Enhancement Plan. Should the approved enhanceme
plan include the determination that public access along the base c
the bluffs is appropriate, provision of a path in that alignment
shall be the responsibility of the applicant or, at the discretior
of the accepting agency, the agency which accepts the offer to
dedicate an open space easement over the area pursuant to Special
Condition #2 of the permit, or, any other party identified as
resposible for such improvements in the Enhancement Plan as appro\
by the Commission.
Should the approved Enhancement Plan include the determination th; a continuous public access path along the base of the bluffs woulc
interfere with the habitat value of the lagoon resources, the
continuous path shall be provided within the bluff-top setback arc
along the top of the lagoon bluffs in areas C, H, K and L
respectively. In either case, a path of adequate width (minimum 1
feet) shall be provided with sufficient improvements to provide
reasonable access along the north shore of the lagoon.
The public access vista point proposed for area C shall be
To provide access to the public access vista points proposed
(I! 6-85-482 @ . , .. ,. . .. .*, NOTICE OF INTENT TO IS- PERMIT NO. .. ' ease 10 of 10 .<
7.
SPECIAL CONDITIONS - continued:
To assure compliance with this condition, the applicant shall record the
requirements listed in paragraphs A, 8 and C above, against the property in
the form of a deed restriction. The form and content of the deed restricti
shall be subject to the review and written approval of the Executive
Director. The document shall run with the land, binding all successors and
assigns, and shall be recorded free of prior liens and encumbrances which t Executive Director determines may affect the interest being conveyed.
14. Water Features. Prior to construction of any of the "water
features" proposed, the applicant shall submit final plans for such featurc
for the review and written approval of the Executive Director in consultati
with the State Department of Fish and Game. Neither the use of water pump€ from Batiquitos Lagoon for such features, nor the outflow of water from the water features into the lagoon, shall be allowed unless specified in the Batiquitos Lagoon Enhancement Plan as reviewed and approved by the Coastal Commission.
15. Buildinu HeiqhtIMaterials. In order to protect the scenic qualit!
of the area, all phases of the project shall conform to the following criteria:
(A) The materials used for construction of the first row of structures along the lagoon bluffs shall be composed of wood and earth tones. Wh- walls and red tiled roofs shall be prohibited for use on these struc-
tures. The maximum height for the structures within this area shall n
exceed 25 feet.
(B) No structures, other than the 90-foot campanile and the 55-foot-hi volleyball training gymnasium, shall exceed a height of the 35-feet.
(1 31 8A)
I 0 0
I,
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RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: 1 1
CITY OF CARLSBAD 1 1200 Elm Avenue 1
Carlsbad, California 92008 )
Space above this line for Recorder'
Documentary transfer tax: $15.00
Signature of declarant deteminirg
tax-firm name
City of Carlsbad 214-171-15 216-140-09
Parcel No. 216-140-01 216-042-08
AGREEMENT
AGREEMENT TO FAY FEES FOR FACILITIES AND
IMPROVEMENTS AS REQUIRED BY GROWTH MANAGEMENT SYSTEM
This Agreement is made and entered into this p
of July 1986, by and between the City of Carlsb
California, a Municipal Corporation of the State of Califc
hereinafter referred to as "City" and -is Prom rgmp
a Corporation hereinafter referred to as "DE
RECITALS
A. Developer has requested that the City issue f
or other development permits pursuant to the provisions of
on northsi Carlsbad Municipal Code for a development located ab-
Batiqui tos Lagoon # east of 1-5 Freeway in the City of Carlsbad, and
referred to as Batiquitos Laqoon Educational Park.
B. on September 9, 1985 ,Developer entered int
agreement with the City to pay Public Facilities fees of 1
percent of the building permit valuation. A copy of the
agreement is on file with the City Clerk and is incorporat
this reference.
cnc
I 'a e _.
I
L. C. This agreement is entered into pursuant to SE
21.90.030(c) and 21.90.040(b) of the Carlsbad Municipal Cc
Developer acknowledges that the agreement to pay the addit
or increased fees and to otherwise participate in the
construction or financing of construction of public facilj
and improvements as specified in this agreement is voluntz
that without this agreement developer would be precluded j
obtaining building and other development permits by operat
Section 21.90.030 of the Carlsbad Municipal Code. Devel01
chosen to obtain building permits under the provision of !
21.90.030(c) of the Carlsbad Municipal Code and in conside
of the issuance of building or other development permits,
Developer hereby enters into this agreement and waives an]
to challenge such fees.
D. Developer recognizes that Section 21.90.050
establishes a local facilities management fee which shall
to pay the cost of providing facilities and improvements i
are identified in the citywide facilities and improvement:
and in the applicable local facilities management plan, bi
not paid from other sources. Developer further recognize:
certain other fees, such as traffic impact fees, have bee1
be adopted for the area of the City in which the develope'
project is located. Developer agrees to pay those fees.
NOW, THEREFORE, in cons ideration of these Reci ta:
the issuance of building or other development permits by
City: Developer and City agree as follows:
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1. That the foregoing recitals are true and corr
2, That Developer agrees to pay the fees identif
the City Council as necessary to pay for the cost of provi
the improvements or facilities which are listed in Sectior
21.90.090 and 21.90.110 of the Carlsbad Municipal Code and
are adopted pursuant to Section 21.90.050, or any other pr
of Chapter 21.90 of the Carlsbad Municipal Code, or any ot
provision of law. These fees include but are not limited
public facilities fees, traffic impact fees, bridge and
thoroughfare fees, park fees, and the fee imposed under SE
21.90.050. Payment shall be due 30 days from the date eac
is established. This agreement applies to fees adopted or
before July 20, 1988 or concurrently with the adoption of
appropriate local facilities management plan, whichever o(
first. Developer hereby waives his right to challenge sa:
Developer further waives any rights to pay the fees refer]
herein under protest and that any protest shall immediate:
subject the project to the provisions of Section 21.90.031
the Carlsbad Municipal Code.
3. Developer agrees to construct, or participate
financing the construction of, public facilities and imprc
identified in the citywide facilities and improvements pl,
the local facilities management plan to the extent that t'
facilities or improvements are allocated to developer's p
or project and are not financed by the fees referenced he
4. Developer agrees to prepare or participate i
preparation, as determined by the City Council, of the lo
facilities management plan for the zone in which developm
located.
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>' -. 5. City agrees to issue building and other devel
permits pursuant to the provisions of the Carlsbad Municip
Titles 18, 20 and 21 to the extent such permits comply wit
applicable provisions of law.
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6. In the event that the payment required by thi
agreement is not made when due the City may pursue any ren
legal or equitable (including those specifically referred
herein), against the Developer and the Developer's success
heirs, assigns and transferees. Without waiving its right
this section, City, upon request of Developer, may allow
additional time to pay the fee.
7. In addition to the other remedies available t
City, it is hereby agreed that if Developer does not pay t
specified by this agreement the City may revoke the builc
permit for the project or may deny or revoke a Certificate
Occupancy for the project or both upon 15 days written not
Developer of the revocation or denial.
8. The City shall not, nor shall any officer, er
of the City, be liable or responsible for any loss or dami
happening or occuring to Developer or any successor or as:
Developer or to any occupant in Developer's building for
exercise of any of the remedies provided to the City puru!
this agreement, regardless of the nature of the loss or d,
9. This agreement and the covenants contained hi
shall be binding upon and enure to the benefit of the SUC
heirs, assigns and transferees of Developer and shall run
the real property and create an eauitable servitude upon
property .
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10, The prevailing party in any dispute between
parties shall have the right to recover from the nonprevai
party all costs and attorney’s fees expended in the coursc
such dispute.
11. Except as otherwise provided herein, all not
required or provided for under this agreement shall be in
and shall be delivered in person or served by certified mi
postage prepaid. Delivery of notices to Developer shall 1
presumed to have been made on the date of mailing regardlc
receipt by Developer. Notices required to be given to Del
shall be addressed as follows:
Sammis Properties Company
2650 Camino Del Rio North, #lo0
San Diego, CA 92108
(Corporation) ..
’ , STATE OF CALIFORNIA :*-F> 4
;I On
- .* } ss 9 I COUNTY OF -co t
before me. the undersigned, a Notary Public in and for said JULY 8, 1986
g State, personally appared DoNALD F sAMMIs . personally known to me (or proved to me 5 ; on the basis of satisfactory evidence) to be the 1 w known to me to be a I k~-~own to me tO be the persons who executed the within % y InstNr~~t on behalf Of the corporation therein named. and
S 2 acknowiedged to me that such corporation executed [he within 0 I- lIWUnent Pursuant 10 its by-laws or a resolution of Its board 2 u, ofdirectors It 1 in WITNESS my hand and official seal
5; E Signature 8 c- ( &&,$/ DIM0 COUNW
2.J D.R. Ables
President, and -_ -- of the corporation that executed the within Instrument.
1( e
Name (Typed or Pnnted)
OFC-2058
&LzL DEVELOPER
BY: .-L
By :
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CITY OF CARLSBAD
A Municipal Corporation
the State of California
Development Director
--
VINCENT F. BIONDO, JR., City Attorney
ATTEST :
ALETHA L. lerk
(SEAL)
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RESOLUTION NO. 8666
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING TWO AGREEMENTS
FOR BATIQUITOS LAGOON EDUCATIONAL PARK.
The City Council of the City of Carlsbad, Californiz
does resolve as follows:
1. The agreement to dedicate easements for lagoon
restoration, marked Exhibit A and attached hereto, and the
agreement to pay growth management fees and participate in tl
growth management system, marked Exhibit B and attached herei
are hereby approved.
2. The City Manager of the City of Carlsbad is her(
authorized and directed to execute said agreements for and 01
behalf of the City of Carlsbad.
3. The City Clerk is authorized to record the
agreements with the county recorder.
PASSED, APPROVED AND ADOPTED at a regular meeting o
City Council of the City of Carlsbad, California, held on th
8th day of ~~1~ I 1986 by the following v
1 to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pe
NOES: None
ABSENT: None
Y+ d &- MARY H. &ASLER, Mayor
ATTEST :
'
L&?%L /a , ALETHA L. RAUTENKRANZ, City Cprk
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3. The City Clerk shall transmit a certified copy 01
this resolution to the Coastal Commission.
PASSED, APPROVED AND ADOPTED at a regular meeting of
City Council of the City of Carlsbad, California, held on the
8th day of Julv , 1986 by the following vol
to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pett
NOES: None
ABSENT: None + d e&%&?,
MARY H. ASLER, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Cl&rk
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.'JUNE 23, 1986 zw TO: LCP COMMITTEE
FROM : Gary Wayne, Senior Planner
AGRICULTURAL CONVERSION MITIGATION FEES
City Council is scheduled to consider the final map for'Phase
1 of the Batiquitos Lagoon Educational Park (BLEP) at its July 1,
1986 meeting. The LCP that pertains to the property requires an agricultural conversion mitigation fee of between $5,000 and $10,000 to be levied to allow the development of urban uses
on the property. The fee mitigates the loss of up to 100 acres of non-prime ag-land on the site. Development of Phase 1 of BLEP affects approximately 40 acres of ag-land.
The LCP requires the City Council to establish the amount of
the fee when it considers the proposal for the development. This would usually take place when Council considered the tentative map as well as the coastal development permit (the latter would occur after the City received that permit authority). 'However, in this case, Council did not establish the fee amount at the tentative map stage because the LCP for the property had not yet been approved. Therefore, pursuant to the provisions of the LCP, Council should establish the amount of the fee when
it considers the final map for Phase 1 of development,
The amount of the fee must reflect the approximate cost of preserv-
ing "prime" ag-land elsewhere in the state pursuant to that
option of the Mello I1 LCP. To date, there has not been an
extensive appraisal of the purchase cost of coastal prime ag-land. I have contacted the Conservancy to see if they knew of any prime ag-land appraisals that would be of use.
The Conservancy on April 17, 1986, approved the acquisition of a 240 acre ag-parcel in San Mateo County. The parcel contains
80 acres of "prime" (Class 11) soils. The remainder of the parcel is considered "non-prime", however, 150 acres are productive Class I11 soils (10 acres are sand dunes). The acquisition cost
is approximately $8,700 per acre (prime and non-prime soils
combined).
I
The Conservancy plans to sell the property back to the original
farmers for $4,400 per acre with a permanent agricultural easement on the land.
exclusively would be approximately $4,300 per acre. It appears that this Conservancy transaction could be used by Council to establish the ag-conversion mitigation fee. Recognizing that
the fee must be between $5,000 and $10,000, and that the net value of the ag-land containing the prime soils is less than
$5,000, it seems reasonable to establish a current fee at $5,000 per acre.
The net value of the land for agricultural purposes
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,' .'June 23, 1986 LCP Committee
Agricultural Conversion Mitigation Fees Page 2
It should be noted that Council could establish the fee at the "purchase price only" or $8,700 per acre. However, the Conservanc! transaction that preserves prime ag-land by purchasing the develop- ment rights on the property is consistent with the "prime land exchange" option of the City's LCP. Therefore, Carlsbad developer2 could conceivably participate in the Conservancy acquisition to satisfy their obligation to mitigate conversion of ag-land
here.
acre. Under this latter alternative, there would be no incentive to participate in the fee option which benefits local coastal
The cost of that participation would only be $4,300 per
resources.
RECOMMENDATION -
That City Council pursuant to the requirements of the City's
LCP, establish an agricultural conversion mitigation fee of
$5,000 per acre. The established fee should be effective for
both the BLEP final map and other projects requiring fee payment
until the amount is modified by future Council action.
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RESOLUTION NO. 8217
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A 129 UNIT
DEVELOPMENT (PUD-90) ON 167 ACRES ON PROPERTY
GENERALLY LOCATED IMMEDIATELY NORTH OF BATIQUITOS
LAGOON BETWEEN INTERSTATE 5 AND CARLSBAD BOULEVARD.
APPLICANT: BATIQUITOS LAGOON EDUCATIONAL PARK
CASE NO: CT 85-14/PUD-90.
. TENTATIVE TRACT MAP (CT 85-14) AND PLANNED UNIT
WHEREAS, on September 11, 1985, the Carlsbad Plannil
Commission adopted Resolution No. 2486 recommending to the C
Council that Tentative Tract Map (CT 85-14) and Planned Unit
Development (PUD-90) be approved; and
WHEREAS, the City Council of the City of Carlsbad,
October 1, 1985 held a public hearing to consider the
recommendations and heard all persons interested in or oppos~
Tentative Tract Map (CT 85-14) and Planned Unit Development
90); and
WHEREAS, an environmental impact report for this pr
was certified by the City Council on October 1, 1985 in
compliance with the requirements of the City of Carlsbad
Environmental Protection Ordi-irance of 1980 and the Californi
Environmental Quality Act.
1 i NOW, THEREFORE, BE IT RESOLVED by the City Council
the City of Carlsbad, California as follows:
A. That the above recitations are true and correct
B. That the findings of the Planning Commission in
Resolution No. 2486 constitute the findings of the City Cow
in this matter.
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C. That said Tentative Tract Map, together with the
provisions for its design and improvement and subject to the
condit-ions of' this resolution, is consistent with all applica
general and specific plans of the City of Carlsbad.
D, That Tentative Tract Nap CT 85-14 and Planned Ur
Development PUD-90 are hereby approved subject to all applicz
requirements of the Carlsbad Municipal Code and to the
satisfaction of the conditions contained in Planning Commissj
Resolution No. 2486 dated September 11, 1985 marked Exhibit 1
attached hereto and made a part hereof, with the addition of
following:
1 . Prior to the approval of the final map the app1
shall pay the City for a supplemental traffic analysis as
required by the Master Plan.
2. Prior to final map approval the developer shall
for a traffic signal as required by the City Engineer to be
designed and installed by the developer at the intersection
Poinsettia Lane and Avenida Encinas prior to occupancy of an
the units.
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3. The City Council may require the developer to
dedicate land off-site for park purposes. If the City Counc
determines prior to occupancy of any of the units in this pr
the applicant and the City shall enter into a parks agreemer
required by the Master Plan.
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PASSED, APPROVED, AND ADOPTED at a regular meeting oi
the City Council of the City of Carlsbad, California on the
15th - day of Octaber , 1985 by the following vote, to wit
Council -S Casla, IEWiS, Kulchin, Chick tind Pet1 AYES:
NOES: -€?
ABSENT: None
YLf de L
CASLER, Mayor
ATTEST:
ALETHA L. MUTE
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e PLANNING COMMISSION RESOLUTION NO. 2486
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TENTATIVE TRACT MAP AND 129 UNIT PLANNED UNIT DEVELOPM
ON PROPERTY GENERALLY LOCATED IMMEDIATELY NORTH OF
BATIQUITOS LAGOON BETWEEN INTERSTATE 5 AND CARLSBAD
APPLICANT: BATIQUITOS LAGOON EDUCATIONAL PARK
CASE SO.: CT 85-14/PUD-90
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN 80 L
BOULEVARD
WEREAS, a verified application for certain property
wit:
All of lots 1, 2, 3, and 4 of Parcel Map Number 13653
together with a portion of the west half of Section 3
Township 12 South, Range 4 West, San Bernardino Base Meridian, all in the City of Carlsbad, County of San
Diego, State of California,
has been filed with the City of Carlsbad, and referred .to the
'Planning Commission; and
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WHEREAS, said application constitutes a request a$
provided by Title 21 of the Carlsbad Municipal Code: and
WHEREAS, the Planning Commission did on the 11th day
September, 1985, hold a duly noticed public hearing as prescr
by law to consider said request: and
WHEREAS, at said publ* hearing, upon hearing and
considering all testimony and arguments, if any, of all persc
desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map and Planned Unit Developn
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannii
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Commission as follows:
A)
B)
That the above recitations are true and Correct.
That based on the evidence presented at the public hear
Commission recommends APPROVAL of CT 85-14/PUD-90, basel following findings and subject to the following conditi
//I/
//I/ Resolutioni mla
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Findinqs:
1) The project is consistent with the City's General Plan sin the proposed density of 7.3 du's/acre is within the densit
range of 4.1 - 9 du's/acre specified for the site as indic
OR the Land Use Element of the General Plan.
2) The site is physically suitable for the type and density t development since the site is adequate in size and shape
accommodate residential development at the density propost
3) The project is consistent with all City public facility p
icies and ordinances since:
a) The Planning Commission has, by inclusion of an appro.
condition to this project, ensured that the final map not be approved unless the City Council finds that sei
service is available to serve the project. In additil
the Planning Commission has added a condition that a
shall be placed on the final map that building permit not be issued for the project unless the City Enginee 21
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determines that sewer service is available, and .build
.* . . cannot occur. within the project unless sewelt dervice'
remains available, and the Planning Commission is sat that the requirements of the Public Facilities Elemen the General Plan have been met insofar as they app+ly sewer service for this project.
b) The Carlsbad School District has written a letter, d?
September 10, 1985, stating that school facilities w:
available to this project.
c) Park-in-lieu fees are required as a condition of app:
d) All necessary public improvements have been provided will be required as corMitions of approval.
e) The applicant has agreed and is required by the incl of an appropriate condition to pay a public faciliti
Performance of that contract and payment of the fee
enable this body to find that public facilities Will
available concurrent with need as required by the Ge
Plan.
The proposed project is consistent with the City's Plann
Development Ordinance and also complies with the Design
Guidelines Manual.
The proposed project is compatible with the surrounding
land uses since surrounding properties are designated fc
residential or private school development on the Genera.
4)
5)
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PC RES0 NO. 2486 -2-
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6) This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the L
Use Planning Manager on August 24, 1985 and approved by the Planning Commission on September 11, 1985.
This project requires the construction of the improvements facilities listed in the conditions of approval or the payn
of fees in lieu of construction. This project creates a dj
need for the improvements or facilities for the reasons st:
in the staff report. If the improvements or facilities arc
provided the project will create an unmitigated burden on
existing improvements and facilities Further, the improvements and facilities are necessary to provide safe,
adequate and appropriate service to future residents of th
project consistent with City goals, policies and plans.
7)
Conditions:
1) Approval is granted for CT 85-14/PUD-90, as shown on Exhib "A" - "G", dated September 6, 1985, incorporated by refere and on file in the Land Use Planning Office. Development
occur substantially as shown unless otherwise noted. in thc conditions. .
This project is approved upon the express condition that 1
final map shall not be approved unless the City Council fi as of the time of such approval that sewer service is ava: to serve the subdivision.
This project is approved upon the express condition that
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2)
3) building permits will not be issued for development of th
subject property unless the City Engineer determines that
facilities are available at the time of application for s
sewer permits and will continue to be available until tim
occupancy. This note shall be placed on the final map.
This project is approved upon the express condition that applicant shall pay a public facilities fee as required 1 Council Policy No. 17, dated April 2, 1982, on file with
City Clerk and incorporated herein by reference, and accc to the agreement executed by the applicant for payment oi
fee, a copy of that agreement, dated September 9, 1985, ;
file with the City Clerk and incorporated herein by refei If said fee is not paid as promised, this application wi:
be consistent with the General Plan and approval for this project shall be void*
The applicant shall pay park-in-lieu fees to the city, p
the approval of the final map as required by Chapter 20. the Carlsbad Municipal Code.
The applicant shall provide school fees to mitigate cond
of overcrowding as part of building permit application. fees shall be based on the fee schedule in effect at thc of building permit application.
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PC RES0 NO. 2486
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7) The applicant shall give notice of the conversion to all tenants as required by the Subdivision Map Act and the Carl Municipal Code.
Approval of this request shall not excuse compliance with i sections of the Batiquitos Lagoon Educational Park Master all sections of the Zoning Ordinance and all other applica'
City ordinances in effect at time of building permit issua
Water shall be provided to this project pursuant to the Wa Service agreement between the City of Carlsbad and the Cos Real Water District, dated May 25, 1983.
8)
9)
Land Use Planninq:
10) The applicant shall prepare a reproducible mylar of the fj
site plan incorporating the conditions contained herein*
site plan shall be submitted to and approved by the Land I Planning Manager prior to the issuance of building permit1
The applicant shall establish a homeowner's association fc
this subdivision and corresponding covenants, condieions. restrictions. . Said CC&R' 8. shall' be' submittgd to and appr
by the Land Use Planning Manager prior to final map appro Said homeowner's association shall be a participating mem
the Master Educational Park Association.
The applicant shall prepare a detailed landscape and irri plan which shall be submitted to and approved by the Land Planning Manager prior to the issuance of building permit
A 500' scale map of the subdivision shall be submitted tc Land Use Planning Manager prior to the recordation of the map. Said map shall show all lots and streets within anc
All parking lot trees shall be a minimum of 15 gallons ii size.
All landscaped and open space areas in this subdivision
be maintained in a healthy and thriving condition, free weeds, trash, and debris by the homeowner ' s association.
Any signs proposed for this development shall be designe
conformance with the sign program outlined in the BatiqLl Lagoon Educational Park Master Plan and shall require re
and approval of the Land Use Planning Manager prior to installation of such signs.
Trash receptacle areas shall be enclosed by a six-foot 1 masonry wall with gates pursuant to City standards. Loc
of said receptacles shall be approved by the Land Use P:
Manager.
11)
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12)
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adjacent to the pro jecb
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15)
16)
17)
PC RES0 NO. 2486 -4-
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18) All roof appurtenances, including air conditioners, shall I: architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, pursue
to Building Department Policy No. 80-6, t0 the satisfactior the-Land Use Planning Manager and Building and Planning Director.
19) The applicant shall submit a street name list consistent w the City's street name policy subject to the Land Use Plan] Manager's approval prior to final map approval.
20) The project shall provide bus stop facilities at locations subject to the satisfaction of the North County Transit Di trict. Said facilities shall at a minimum include a bench free from advertising, and a pole for the bus stop sign.
bench and pole shall be designed in a manner so as to not detract from the basic architectural theme of the project
said design shall be subject to the approval of the Land U Planning Manager and North County Transit District.
Approval of Tentative Tract No. 85-14 is granted subject . approval of Master Plan 175.
The developer shall'display a current Zoning and Land Use and site plan for the Biitiquitos Educational Park in the
office at all times, and/or suitable alternative to the satisfaction of the Land Use Planning Manager.
public shall include but not be limited to trails, future existing schools, parks, and streets.
24) Building identification and/or addresses shall be placed new and existing buildings so as to be plainly visible fi street or access road: color of identification and/or adc shall contrast to their badcground color.
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23) All sales maps that are distributed or made available to
25) Prior to occupancy of any units, the applicant shall con: a directory sign at the entrance to the project. The de: this sign shall be approved by the Land Use Planning Man;
If any condition for construction of any public 1mprOVem
facilities, or the payment of any fees in lieu thereof, by this approval or imposed by law on this project are
challenged this approval shall be suspended as provided Government Code Section 65913.5. If any such condition
determined to be invalid this approval shall be invalid the City Council determines that the project without the
condition complies with all requirements of law.
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27) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site.
28) The grading for this project is defined as "controlled grac
by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a civi: engineer whose responsibility it shall be to coordinate si.
inspection and testing to ensure compliance of the work wi. the approved grading plan, submit required reports to the 1
Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code.
"as-graded" geologic plan shall be submitted to the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a cc
map which represents both the pre and post site grading. plan shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a y - . or similar.dra€ting'f~lm and shall become'a permanent rea
30) No grading shall occur outside the limits of the subdivis: unless a letter of permission is obtained from the owners the affected properties.
All Slopes Within this project shall be no steeper than 2
29) Upon completion of grading, the developer shall ensure tha
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32) Prior to hauling dirt or construction materials to any pr construction site within this project the developer shall submit to and receive approval from the City Engineer for proposed haul route. The developer shall comply with all
conditions and requirements the City Engineer may impose
regards to the hauling opeTation.
construction phase of this project to prevent any offsite siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/deten basins of type, size and location as approved by the Cit
Engineer. The basins and erosion control measures shall shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer pri
the start of any other grading operations. Prior to the
served shall be protected by additional drainage facilit
slope erosion control measures and other methods require approved by the City Engineer. The developer shall mair
the temporary basins and erosion control meaSLlreS for a of time satisfactory to the City Engineer and shall guar
their maintenance and satisfactory performance through c deposit and bonding in amounts and types suitable to thc Engineer .
33) The developer shall exercise special care during the
removal of any basins or facilities so constructed the 3
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34) Prior to issuance of grading permits, a detailed landscapt
irrigation plan shall be submitted to and approved by Par1 and Recreation Department and the Land Use Planning Manag
35) Additional drainage easements and drainage structures sha provided or installed as may be required by the County Department of Sanitation and Flood Control or the City En neer .
36) The developer shall pay the current local drainage area f prior to approval of the final map for this project or sh construct drainage systems in conformance with the Master Drainage Plan and City of Carlsbad Standards as required City Engineer.
37) The developer shall construct desiltation/detention basil
Engineer. The developer shall enter into a desiltation 1 maintenance agreement and submit a maintenance bond satisfactory to the City Engineer prior to the approval ' final map for this project, Each desiltation basin shal serviced by an all-weather access/maintenance road. The provisions of this agreement shall apply to any offsite sites which may be utilized in the construction of this
as required by the City Engineer.
38) The owner of the subject property shall execute a hold 1 agreement regarding drainage across the adjacent propert to approval of the final map for this project.
39) Prior to final map approval, Avenida Encinas as previous dedicated per Minor Subdivision No. 595 shall be vacatei
40) Direct access ri9hts for all lots abutting Interstate 5
Freeway shall be waived oz the final map.
Prior to occupancy of any building constructed in Phase
type and size and at locations as approved by the City
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traffic signal, approved by the City Engineer, shall be designed and installed by the developer at the intersec
Poinsettia Lane and Avenida Encinas.
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42) Prior to final map approval for Phase I a detailed traffic study shall be completed by an independent consultant (pai by the developer) which shall address traffic impacts on
Avenida Encinas, Carlsbad Boulevard, Poinsettia Lane and o
costa Avenue, all major internal streets, the intersection
Boulevard, Avenida Encinas and Poinsettia Lane, Avenida En and Carlsbad Boulevard, Poinsettia Lane and 1-5 and Poinse Lane and Carlsbad Boulevard. (To include all areas genera bounded by 1-5, La Costa Avenue, Carlsbad Boulevard and Poinsettia Lane). This traffic study shall indentify traf facilities needed to correct existing and future deficienc and establish the proportionate costs to be paid by varior developments, The study shall include, but not be limitec bridge widening, ramp modification, traffic control devicc street construction. This traffic study shall be updated
to commencement of any phase of this Master Plan and requ. improvements shall be installed concurrent with need.
improvements shall be prepared to the satisfaction of the Engineer. Prior to approval of the final map, the Subdiv
shall install, or agree to install and secure with approg
security as provided by law, improvements shown on the tentative map and the following improvements to City Stan to the satisfaction of the City Engineer:
a) Avenida Encinas off-site shall be improved by the
La Costa Avenue and 1-5, La Costa Avenue and Carlsbad
43) Plans, specifications, and supporting documents for all
developer based on a curb-to-curb face width of 64 fe from the existing full-width improvements to the nort project property line,
b) Avenida Encinas shall be dedicated and improved by tl: developer based on a right-of-way width of 96 feet a typical section shown on the tentative map from the northerly property lini to Windrose Circle.
c) The southerly portion of Windrose Circle from Avenid Encinas to the westerly intersection of Ensign Circl shall be dedicated and improved by the developer bas a right-of-way width of 96' and the typical section
on Exhibit VII-B of the Masker Plan (MP-175).
d) The private streets, Ensign Circle, together with Na Circle and Navigator Court shall be improved by the developer based on a 36 foot curb-to-curb typical se as shown on the tentative map.
A 12 foot median island along Windrose Circle shall
included in the design.
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f) The sanitary sewer shall be constructed offsite in the Windrose Circle general utility and access easement to easterly AT&SF Railway right-of-way line and northerly along hhe right-of-way line to connect with the existir
- 27-inch sewer .
9) The existing 66-inch diameter storm drain shall be relocated by the developer (see Exhibit VII-E of MP-17
h) Water service to Phase I shall be provided by connecti the existing 8" A.C.P. water main in Avenida Encinas a
making a temporary connection to the existing 8" A.C.P
abandoned. water main east of the temporary connection shall be
i) All remaining onsite water, sewer, storm drains and gr
44) The design of all private streets and drainage systems shi approved by the City Engineer prior to approval of the fii
map for this project. The structural section of all priv, streets shall conform to City of Carlsbad Standards based
value -tests. All private streets and drainage systems shi inspected by the city, and the standard improvement plan-
and inspection fees shall be paid prior to approval of th final map for this project.
45) All private streets and drainage systems shall be maintai the homeowner's association in perpetuity. This responsi shall be clearly stated in the CChR's,
homeowner I s association (if on commonly owned property) c individual property owner (if on an individually owned IC An appropriately worded ststement clearly identifying thc responsibility shall be placed in the CC&R's.
as shown on the approved tentative map CT 85-14,
46) All concrete terrace drains shall be maintained by the
47) Unless a standard variance has been issued, no variance I
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City Standards is authorized by virtue of approval of th
tentative map.
The developer shall comply with all the rulesl regulatio 48) desigrr requirements of the respective sewer and water ag regarding services to the project.
All private driveways shall be kept clear of parked vehi
all times, and shall have posted "No Parking/Fire Lane 1
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improvements of this project shall be signed and sealed by Engineer in responsible charge of the work. Each sheet sh
be signed .and sealed, except that bound documents may be s and sealed on their first page. Additionally the first sh
of each set of plans shall have the following certificate:
“DECLARATION OF RESPONSIBLE CHARGE“
I hereby declare that I am the Engineer of Work for this project, that I have exercised responsible charge over thc design of the project as defined in Section 6703 of the 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 a r only and does not relieve me, as Engineer of Work, of my
re8pOnSibilitleS for project design.
(Name, Address and Telephone of Engineering firm)
Firm:
Address:
City, St.:
Telephone:
BY Date : (Name of Engineer)
R.C.E. NO. #
The developer shall providx the City with a reproducible copy of the tentative map as approved by the Planning
Commission. The tentative map shall reflect the conditi
Engineer prior to improvement plan submittal.
52) Prior to recordation of any final map for this developme
this project, the owner shall give written consent to th annexation of the area shown within the boundaries of th
Tentative Map into the existing City of Carlsbad Street Lighting and Landscaping District No. 1.
53) Approval of this tentative tract map shall expire twenti months from the date of City Council approval unless a f map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied i discretion of the City Council. In approving an extensi
City Council may impose new conditions and may revise e: conditions.
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approval by the City. The map shall be submitted to the
PC RE50 Nor 2486 -1 0-
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54) The developer shall grant an open space easement over that poriton of the property within the open space zone (Lot NC
and over the property designated open space easement in Er
"E", dated February 9, 1983. This entire area shall be
trails, erosion control structures, underground easements view points, as approved by the Land Use Planning Manager
This easement shall be dedicated prior to final map appro'
project the applicant shall submit to the Land Use Planni Manager an acceptable study of sound attentuation mitigat
This study shall include recommendations to reduce the so impacts from the freeway to this project.
considered a wildlife pregerve, allowing only pedestrian
55) Prior to issuance of any permits for development of this
Fire Department:
56) Prior to the issuance of building permits, complete build plans shall be submitted to and approved by the Fire
Depa rtmen t .
57) Additional public and/or onsite fire hydrants shall be pi
58) The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants onsite roads and drives to the Fire Marshal for approval
59) An all-weather access road shall be maintained throughoul construction.
60) All required fire hydrants, water mains and appurtenance: be operational prior to combustible building materials bc located on the project site.
61) Fire retardant roofs shalrbe required on all structures
62) All fire alarm systems, fire hydrants, extinguishing sys automatic sprinklers, and other systems pertinent to the
project shall be submitted to the Fire Department for ap
if deemed necessary by the Fire Marshal.
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prior to construction.
63) Buildtng exceeding 10,000 sq.ft. aggregate floor area SI
sprinklered or have four-hour fire walls with no openin5 therein which shall split the building into 10,000 sq.ft
less) areas.
Parks and Recreation:
64) The applicant shall provide an "open space easement maintenance" program per the Landscape Guidelines Manual to issuance of building permits (to include bluffs and lagoon).
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65) The applicant shall be required to provide a pedestrian tr
system plan within the vicinity of the Batiquitos Lagoon,
be approved by the Land Use Planning Manager.
- PASSED, APPROVED AND ADOPTED at a regular meeting of t
planning Commission of the City of Carlsbad, Calfornia, held or
1 lth day of September, 1985, by the following vote, to wit:
AYES : Chairman Schlehuber, Commissioners: L'Heurel
Marcus, Smith and Hall.
NOES : None .
ABSENT: Commissioners McFadden and Ro&otis.
ABSTAIN: None.
CLARENCE SCHLEHUBER, Chairma CARLSBAD PLANNING COMMISSIOE;
ATTEST:
MICHAEL J. HOLZMILLER LAND USE PLANNING MANAGER
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JlJNE 19, 1986
TO: MARTY ORENYAK, COMMUNITY DEVE NT DIRECTOR
FROM : GARY WAYNE, SENIOR PLANNER
COASTAL DEVELOPMENT PERMIT CONDITIONS FOR SAMMIS - BATIQUITOS
LAGOON EDUCATIONAL PARK (BLEP)
The following is a summary of the conditions placed on SLEP as
part of the approval of Coastal Development Permit No. 6-85-48
(attached). The permit granted approval of three items - 1) t
conceptual master plan; 2) CT 85-14 (subdividing the 167 acre
site into 145 parcels); 3) the implementation of Phase I of th
Master Plan.
On the attached California Coastal Commission (CCC) staff rep0
I have verified the stage of development that the Commission
would absolutely require condition compliance. In the summary
of a final map by an *.
Special Conditions
* I. In Fee Dedication
below I have identified those conditions that would be require
*A. Prior to the transmittal of the Coastal Development
Permit, the applicant shall execute and record an
irrevocable offer to dedicate fee title to the
wetlands portion of the site (Exhibit 5 of the
permit).
*B. Prior to the transmittal of the permit, the applica
shall execute and record an irrevocable offer to
dedicate an open space easement and deed restrictio
over the wetlands portion of the site. The deed
restrictions shall be binding until its termination
with the acceptance of the fee dedication provided
A above.
* 2. Steep Slope/Bluff Habitat Areas
Prior to the transmittal of the Coastal Development Perm
the applicant shall submit (to CCC) an acceptable
irrevocable offer to dedicate an open space easement ove
all steep sloping lagoon bluffs as noted on Exhibit 5.
Note: Exhibit 5 indicates that the area between the blu
tops and the wetlands shall be dedicated per Special
Condition No. 2. This would seem to indicate that all o
the designated open space on the site shall be offered f
dedication prior to the issuance of the permit
(justification for making the offer of dedication of all -
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open space a condition of the final map). In addition,
improvements such as trails, erosion control structures
removal of debris shall be maintained by the applicant
until it can be provided through:
a) CC&R's of the subdivision; or
b) maintenance district; or
c) an accepting agency or public agency.
3. Future Development
Shall require approval under [a] separate coastal
development permit [SI.
4. Erosion, Sedimentation and Drainage
A. Submittal of Plans
Prior to the transmittal of the permit, the applica
shall submit (to CCC) for approval an erosion,
sedimentation, and drainage plan for the project.
plans shall include three items: 1) runoff control
plan with certain constraints; 2) detailed maintena
arrangements for any drainage and erosion control
facility; 3) a plan to provide protective fencing c
sensitive areas prior to and during grading.
R. Grading
For all phases of construction the applicant shall
comply with additional grading and erosion control
provisions:
1. Facilities installed prior or concurrent with
grading operations;
2, No grading between October 1st and March 31st
unless specifically approved by City, DFG and t
Executive Director (CCC).
3. Landscaping and stabilization prior to October
1 st.
5. Landscaping
Prior to the transmittal of the permit, the applicant sk
submit a landscaping plan for (CCC) approval.
6. Final Grading Plans
Prior to the transmittal of the permit, the applicant sE
submit final grading plans for Phase I for (CCC)
approvals.
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* 7. Buffer Zones/Setbacks
prior to grading Area C (Phase I), the applicant shall
submit final grading and buffer zone plans that reflect
following:
a. Buffers between the bluff edge and structures in
Planning Areas C, H, K, and L shall be provided in
accordance with Exhibit 5 (staff report), and
b. No buffer shall be less than 50 feet, except for
specific home sites in Area C where the zone must b
minimum of 45 feet.
* 8. Applicant's Assumption of Risk
Prior to the transmittal of the permit, the applicant
records a deed restriction that eliminates any CCC
liability for acts of nature. (Should be part of final
only if we want similar protections.)
9. State Lands Commission (SLC) Review
Prior to the transmittal of the permit, the applicant sh
obtain a written determination that all SLC requirements
have been satisfied.
IO. Archaeology
Requires a testing and mitigation program for sites
identified in City's EIR.
*I 1. Agricultural Conversion Fee
Prior to the transmittal of the permit, the applicant sh
pay the fee per LCP requirements for the lands subject t
the fee. The fees are to be paid by phase subject to th
amount of agriculture land in each phase that is convert
to urban uses (i-e., all of Phase I excluding slopes and
wetlands).
12. Signage
Prior to transmittal of the permit, a comprehensive sign
program shall be submitted for CCC approval.
*13. Public Access
Prior to the transmittal of the permit, the applicant sh
submit a public access plan that provides the following:
a) vista points,
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b) access to these vista points through private street
c) continuous public access alonq north shore of the
lagoon. Location of this shall be determined by th
enhancement plan.
14. Water Features
Prior to construction, plans must be approved by CCC, so
to restrict inflow and outflow of the water.
15. Building Height/Materials
Regulates heights to 35 feet, except for 90 foot campani
and 55 foot gym. Also, first row of bluff top structure
must use earth tones and not exceed 25 feet in height.
In addition, the permit adds seven standard conditions that ar'
similar to some of the standard conditions that the City
imposes. Please refer to Page 21 of the CCC staff report for
the list of standard conditions.
Attachment
GW:bn
cc: City Attorney
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- iioo €pi AVEN~E CARLSBAD, CA 92008-1989
Cltp u€ Qarlsbcr'b
PARKS & RECREATION DEPARTMENT
June 26, 1986
Jon Briggs Sammis Properties
2650 Camino Del Rio North #lo0 San Diego, California 92108
Dear Jon:
Thank you for the presentation you made to the Parks and Recrt
Commission, June 16, 1986, regarding Sammis Properties park
dedication requirements,
As you are aware, at the April 21, 1986, Parks and Recreation Commission meeting, the Commission voted unanimously to requii Sammis Properties to dedicate land rather than approve a turn key proposal which would have developed approximately 10 acre< of the "to be dedicated" HPI (Hunt) 30f. acre park site.
At the June 16, 1986, Parks and Recreation Commission meeting
the Commissioners upheld their previous decision regarding thi Sammis Property's turn key proposal and further directed staf to continue negotiations with Sammis Property for land dedica. adjacent to the proposed HPI (Hunt) "to be dedicated" park si.
It is therefore requested that negotiations between Sammis Prc and City staff regarding park dedication requirements resume (
soon as possible.
Staff is looking forward to working with Sammis Properties in
order to come to an agreement regarding this issue.
If I can be of any assistance, please feel free to contact me
at 438-5571.
mfo-Er-
David Bradstreet
Parks & Recreation Director
DB:dm
c: Ray Patchett, Assistant City Manager
Marty Orenyak, Community Development Director
Vince Biondo, City Attorney