HomeMy WebLinkAbout1993-01-26; City Council; 12042; REQUEST FOR EXTENSION OF TIME FOR TENTATIVE MAP CT 82-12 CARSLBAD HIGHLANDAB # '" *'* TITLE: REQUEST FOR AN EXTENSION OF TIME FOR THE
MTG. /-a+ -93 TENTATIVE MAP FOR CARLSBAD TRACT 82-1 2,
CARLSBAD HIGHLAND DEPT. ENG
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RECOMMENDED ACTION:
Adopt Resolution No 93-1 5
Carlsbad Tract 82-1 2, Carlsbad Highlands.
ITEM EXPLANATION
The Carlsbad Development Corporation has requested an extension of time for Carlsbi
82-11, Carlsbad Uighlande, a 740 dwellins unit tentative tract map/ planned unit devd
The project is located in LFMP Zone 15, South of Lake Calavera and approximately 1
granting a one year extension of time for the tentative
East of El Camino Real abutting the easterly city boundary.
The original project consisted of 893 dwelling units. The Project was revised to 740 dwelli
and the revisions were found to be in substantial conformance by the City Council on M
1988 and "Exhibit Z was adopted as the conditions of approval for the project.
The tentative map was first approved by the City Council on September 7, 1982. The n
granted two one year extensions and was involved in several tolling periods. After the re
time left on the last extension is added to the tolling periods, the tentative map woi
expired as of December 4, 1992.
The extension being requested in this action will extend the tentative map until Decc
1993. This would be the last and final extension allowed for this project by
20.1 2.1 1 O(a)(2) of the Carlsbad Municipal Code.
The Applicant has made substantial progress toward obtaining a final map for this
Considerable expenditures have been made in efforts to meet the requirements for a fi
The inability to finalize a financing plan for the off-site improvements including Cannon R
the South Agua Hedionda Sewer System has been the major obstacle preventing the
of a final map.
In order to grant an extension the project must be found to be in conformance with the
Plan, current ordinances and current standards. The resolution incorporates previously a1
revised and new conditions so that those findings can be made. The Applicant has si
agreement to waive the imposition of new conditions. Additional conditions that are reqL
A new standard legal condition holding the City and it's agents harmlr
claims arising from legal challenges to the approval of a project.
A new standard condition requiring the applicant to provide their pro^
share of affordable housing.
A new standard condition requiring the project to conform to current
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3. Pollutant Discharge Elimination System (NPDES) permit requirements,
4. A new condition requiring all public improvements to meet current City St
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PAGE TWO OF AB# /2,043/
5.
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A condition requiring a new biological survey.
Five new standard conditions required by the CMWD.
FISCAL IMPACT:
No detailed economic analysis of this development has been conducted. While in
operating expenses related to this development can be expected to be offset by incre<
or fees revenue, no exact percentage of offset can be predicted.
EXHIBITS:
1.
2. Location Map.
3.
Letter requesting extension dated October 30, 1992.
Resolution No. 9 3 r I 5 granting a one year extension of time for the tental
for CT 82-1 2 Carlsbad Highlands with additional conditions and incorporating
conditions of approval by attaching Exhibit Z.
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/. si Octobzr 30, 1992
Lloyd Hubbs
City Engineer
Carlsbad, CA 92009
SUBJECT:
>:; !j I ;; is92
2075 Las Palnxs Drivc
Extetlsi0i.i of Tentatibe Map CT 82-12 / Cafsbad Highlands
Dear Lloyd,
Enclosed please find a check for $12,525 for the Tentative Map Extension Fee fGr CT
Per City ordinance this fee is 2/2 of the submirul fee for the amount the City would cha
the sub~nittal of a new Tentative Map. The extension fee was calculated as follows:
1. 2.
3, 4.
$7,500 plus $25/Lot over 50 lots
776 lots (including Open Space Lots) - 50 lots = 726 lots
726 lots x $25 / lot = $18,150
$7,500 * $18,1SO = $25,650 / 2 = $12,825
We are reques:hg k~ have Ttlntztive %-lap CT 82-12 extended for 1 year, The Tentativ(
is currently set to expire on Deceitiber 4, 1992.
Since tht last extzn2ion of the Tei;tatIvc Map, we have been diligcntly attempting to r
outstanding rnzjor. finansjal issues affecrmg our tcntative map. As you know the financ
the Soi:th Agua Hcdionda 1nts:ceptor (SAHI) sewer system and Cannon Road is a major
now that development is not proceeding on the Kelly Ralicli site. The solution to these
will require a cooperative effort by all the affecied proprty owners and the City.
Currently we are Iryin;: !o ulork out anoLhe: forin of financir,g of these major facilities as
of the affected propcriy owix:s ;?:e not rezdy to participate in an assessment district at this
M'e have began preliininary work on the Zone 15 Finance Plan with some of the af
property oww in a:] effort 10 rcsolvt thcst issues. As you are aware the City of Cads
currently srudjing por~ntial solLltiOiIS for reso!ving the financing of the SAHI.
If you ha\ e any ques\iol-% or need hdbit1oiial infUrll~atiGi~ regarding this application please (
hesitate to contact me.
Sincerely, w ' .'.'c. w
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PROJECT
NUMBER
CT82-12x3-
PROJECT NAME
CARLSBAD HIGHLANDS
DRAWN BY SCOTT EVANS, CARLSBAD ENGINEERING DEPT
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RESOLUTION NO, 93-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING AN EXTENSION OFTlME
FOR TENTATIVE MAP NO. CT 82-1UCARLSBAD HIGHLANDS
SUBJECT TO CERTAIN CONDITIONS.
WHEREAS, the City Council of the City of Carlsbad on, September 7, 198
Resolution No. 6694 approving with conditions Tentative Map No. CT 82-1 2; and
WHEREAS, the City Council of the City of Carlsbad has granted twc
extensions of time for Tentative Map CT 82-12; and
WHEREAS, Tentative Map No. CT 82-12 was tolled and as a result of
extensions of time Tentative Map No. CT 82-12 would have expired as of Decemt
and
WHEREAS, the applicant is diligently pursuing those acts required to ot
map; and
WHEREAS, the project can be found to be in conformance with the GE
current City ordinances and current City policies with the imposition of additional
and
WHEREAS, the applicant has consented to the imposition of such conditic
agreed to comply with them; and
WHEREAS, both the applicant and the City wish to extend the map sut
relying upon the additional conditions.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City c
California as follows:
1.
2.
That the above recitations are true and correct.
That with additional conditions contained herein the design and im
of the subdivision are consistent with the General Plan, Titles 20 and 21 of this co
public facility or development policies in existence at this time.
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3. That Tentative Map No. CT 82-1 2 is hereby extended for one year uni
4, 1993, subject to all of the conditions contained in Exhibit Z previously adopted c
1988 as the conditions of approval for this project and attached hereto and t
additional conditions;
A. The applicant shall defend, indemnify and hold harmless the City ar;
officers, and employees from any claim, action or proceeding again!
its agents, officers, or employees to attack, set aside, void or null ar
the City, the Planning Commission or City Engineer which has b.
against the City within the time period provided for by Section 664
Subdivision Map Act.
Prior to approval of the final map for this project, the Applicant shall 1
agreement with the City to provide this project’s share of the City’s toi
for low income housing units or to implement whatever housing p
adopted by the City Council to implement the Housing Element.
The applicant shall comply with the City’s requirements of the Natio
Discharge Elimination System (NPDES) permit. The applicant shall
management practices to reduce surface pollutants to an acceptab
to discharge to sensitive areas. Plans for such improvements shall I
building permit, whichever occurs first.
All public improvements shall conform to current City Standards.
Prior to Final Map the Developer shall provide updated biological SI,
satisfaction of the Planning Director to assess impacts to cc
scrublgnatcatcher habitat caused by the project. Mitigation for an
impacts must be approved by the Planning Director.
The entire potable water system, reclaimed water system and sewer
be valuated in detail to insure that adequate capacity, pressure and flc
are met.
The developer shall be responsible for all fees, deposits and chargl
be collected at time of issuance of the building permit. The San D
Water Authority capacity charge will be collected at issuance of a:
meter installation.
This project is approved upon the expressed condition that building
not be issued for development of the subject property unless the i
serving the development determine that adequate water service
facilities are available at the time of application for such water servic
permits will continue to be available until time of occupancy. This r
placed on the final map.
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C.
by the City Engineer prior to approval of the final map, issuance c
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I. Developer shall secure and grant to City/District all offsite and onsite e
for the potable water, reclaimed water and sewer systems.
The DistricVCity will enter into reimbursement agreements with the I
for oversizing of potable, reclaimed and sewer lines.
That the Agreement for Waiver of Prohibition Against the Imp
Conditions upon the Approval of an Extension of a Tentative Subdivision Map
Carlsbad Development Corporation and the City of Carlsbad signed by the
Development Corporation on December 11 , 1992 on file in the office of the Cit
approved, and the Mayor is authorized to execute said agreement on behalf of the
That this extension is approved in reliance upon said agreement.
challenge to or failure to perform said agreement or the conditions of this resolr
render this approval void and the map shall not be final.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Ci
held on the 26th day of JANUARY , 1993 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila
NOES: None
ABSENT: Council Members Stanton, Nygaard
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Exhibit ItZ1* December 2, 19
C" 82-12/PUD-42
CARISBAD HIGHLANDS
REVISED CONDITIONS
The following conditions of approval supercede a
previous conditions of approval for CT 82-12/PUD-
Carlsbad Highlands.
1) Approval is granted for CT 82-12/PUD-42, as shown
Exhibits ItAfi@ - llXll, dated December 1, 1987, incorporat
by reference and on file in the Planning Departmen Development shall occur substantially as shown unle otherwise noted in these conditions.
This project is approved upon the express condition th the final map shall not be approved unless the Ci
Council finds as of the time of such approval that sew service is available to serve the subdivision.
This project is approved upon the express condition th building permits will not be issued for development the subject property unless the City Engineer determin that sewer facilities are available at the time application for such sewer permits and will continue be available until time of occupancy. This note sha
be placed on the final map.
2)
3)
4) This project is also approved under the exprc
condition that the applicant pay the public facilitj
fee adopted by the City Council on July 28, 1987 and amended from time to time, and any development fc established by the City Council pursuant to Chapt 21.90 of the Carlsbad Municipal Code or other ordinar adopted to implement a growth management system facilities and improvement plan and to fulfill t subdivider's agreement to pay the public facilities i dated January 20, 1988, and the agreement to pay t Growth Management fee dated, January 20, 1988, copies which are on file with the City Clerk and i incorporated by this reference. If the fees are I paid this application will not be consistent with t
General Plan and approval for this project shall void.
) 5) The applicant shall pay park-in-lieu fees to the Cil
prior to the approval of the final map as required
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Chapter 20.44 of the Carlsbad Municipal Code.
6) The applicant shall provide school fees to mitig conditions of overcrowding as part of building per application. These fees shall be based on the schedule in effect at the time of building' per
7) Approval of this request shall not excuse complia with all sections of the Zoning Ordinance and all ot applicable City ordinances in effect at time of build permit issuance.
Water shall be provided to this project pursuant to
Water Service agreement between the City of Carlsbad
the Costa Real Water District, dated May 25, 1983.
9) The applicant shall prepare a 24" x 36" reproduci mylar of the final site plan incorporating conditions contained herein. Said site plan shall submitted to and approved by the Planning Director pr to the issuance of building permits. 19 The applicant shall establish a homeowner I s associat and corresponding covenants, conditions, i restrictions. Said CC&R's shall be submitted to
approval.
issuance .
8)
approved by the Planning Director prior to final
11) The applicant shall prepare a detailed landscape irrigation plan which shall be submitted to and appro by the Planning Director prior to the issuance grading or building permits, whichever occurs first.
12) A 500' scale map of the subdivision shall be submit to the Planning Director prior to the recordation of
final map. Said map shall show all lots and stre within and adjacent to the project.
13) A master plan of the existing onsite trees shall provided to the Planning Director as part of the fi grading plan to determine which trees shall be requi to be preserved prior to the issuance of a grad permit or a building permit, whichever occurs first.
14) All landscaped areas shall be maintained in a heal and thriving condition, free from weeds, trash, debris.
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15) Any signs proposed for this development shall designed in conformance with the City's Sign Ordina and shall require review and approval of the Planr
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Director prior to installation of such signs.
16) All roof appurtenances, including air conditioner
view and the sound buffered from adjacent properties a streets, pursuant to Building Department Policy No. 8
6, to the satisfaction of the Directors of Planning a Building.
The applicant shall submit a street name list consiste with the City's street name policy subject to t
Planning Director's approval prior to final m approval.
locations subject to the satisfaction of the Nor County Transit District. Said facilities shall at minimum include a bench, free from advertising and
pole for the bus stop sign. The bench and pole shall
designed in a manner so as to not detract from the bas
architectural theme of the project, and said desi
Director and North County Transit District.
The developer shall display a current Zoning and La
Use Map in the sales office at all times, or suitab alternative to the satisfaction of the Planni Director.
All sales maps that are distributed or made available the public shall include but not be limited to trail
future and existing schools, parks, and streets.
Building identification and/or addresses shall be plac on all new and existing buildings so as to be plain
visible from the street or access road: color identification and/or addresses shall contrast to the
background color.
improvements or facilities, or the payment of any fe
in lieu thereof, imposed by this approval or imposed
law on this project are challenged, this approval sha be suspended as provided in Government Code Secti
65913.5. If any such condition is determined to invalid this approval shall be invalid unless the Ci Council determines that the project without t condition complies with all requirements of law.
23) Prior to issuance of a grading or building permi whichever comes first, a soils report shall be prepar and submitted to the City of Carlsbad. If the soi
shall be architecturally integrated and concealed fr
17)
18) The project shall provide bus stop facilities
shall be subject to the approval of the Planni
19)
20)
21)
22) If any condition for construction of any pub1
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report indicates the presence of potential foss bearing material then a two phased program shall : undertaken to avoid possible significant impacts 1 paleontological resources.
A) Phase 1 shall consist of a qualified paleontologi doing a literature and records search, surfat study, subsurface testing if necessary, t: recordation of any sites, and a recommendati regarding the need for further work.
B) If it is determined during Phase 1 that furth
work is necessary it shall consist of t following:
A qualified paleontological monitor sha
environmental review coordinator. T
be present at a pregrading conference wi
the developer, grading contractor, and t
purpose of this meeting will be to consu and coordinate the role of tl paleontologist in the grading of the sit A qualified paleontologist is individual with adequate knowledge a experience with fossilized remains like to be present to identify them in the fie and is adequately experienced to remove t resources for further study.
2) A paleontologist or designate shall present during those relative phases grading as determined at the pregradi
conference. The monitor shall have t authority to temporarily direct, divert halt grading to allow recovery of foss
remains. At the discretion of t monitor, recovery may include washing a picking of soil samples for micr vertebrate bone and teeth. The develoF shall authorize the deposit of a
resources found on the project site in institution staffed by qualifi paleontologists as may be determined by t Planning Director. The contractor shall aware of the random nature of foss occurrences and the possibility of discovery of remains of such scientif and/or educational importance which mic warrant a long term salvage operation preservation. Any conflicts regarding t
role of the paleontologist and/or recove
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times shall be resolved by the Planni Director.
The applicant shall provide the following note on tl final map of the subdivision and final mylar of th development submitted to the City:
"Chapter 21.90 of the Carlsbad Municipal COI establishes a Growth Management Control Point for eat
exceed the Growth Control Point except as provided 1
Chapter 21.90. The land use designation for th development is RLM 0-4 du/ac. The Growth Contrl Point for this designation is 3.2 dwelling units p1
nonconstrained acre.
Parcels 741-776 were used to calculate the intensi. of development under the General Plan and Chaptc
21.90. Subsequent redevelopment or resubdivision e
any one of these parcels must also include parcels
740 of this development in calculating allowab
development under the General Plan and Chapter 21.' of the Carlsbad Municipal Code."
25) The recreational vehicle storage area shall 1 constructed in conformance with the requirements c Section 21.45.090. (D) of we Carlsbad Municipal Codc
A temporary recreational vehicle storage area may I
provided to serve Phase I of the project subject 1 approval of the Planning Director. The permanel recreational vehicle storage area shall be completf and deeded over to the homeowner I s association pric to occupancy of any units in Phase 11.
26) The maintenance of all landscape buffers includii bike trails adjacent to roadways shall be tl responsibility of the homeowner's association.
A note shall be placed on the final map showing 10.
743-776 as permanent open space lots.
28) All property lines shall be located at the top e slopes.
29) This tentative map as extended shall comply with tl recommendations of the Citizen's General Plan Land U:
Element Review Committee as adopted and approved 1 the City Council. The map shall be reviewed by tl Planning Director and City Engineer and shall 1 revised as they determine necessary to ensu. compliance with such recommendations.
24)
General Plan land use designation. Development cann
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30) city of Carlsbad entry monumentation as recommended
the Scenic corridor study shall be provided adjace to Cannon Road where it enters Carlsbad. The exa
location and design of this monumentation shall subject to the approval of the Planning Director a
City Engineer.
31) A sound wall constructed to the satisfaction of t Planning Director shall be located along the souther boundary of lots 191, 192, 208 and 209 at the ends
Q and R Streets. In addition these lots shall only
developed with single story units.
Additional recreational area shall be provided in t vicinity of the duplex neighborhood to t satisfaction of the Planning Director.
32)
Ensineerinq:
33) This project is approved under the expressed conditi that bridge and thoroughfare fees and traffic impa fees shall be paid prior to issuance of a gradi
permit.
The developer shall obtain a grading permit prior
the commencement of any clearing or grading of t
site.
35) The grading for this project is defined as llcontroll grading" by Section 11.06.170(a) of the Carlsk Municipal Code. Grading shall be performed under t
observation of a civil engineer whose responsibili
it shall be to coordinate site inspection and testi
to ensure compliance of the work with the approc grading plan, submit required reports to the Ci Engineer and verify compliance with Chapter 11.06
the Carlsbad Municipal Code.
Upon completion of grading, the developer shall ensc
that an I1as-gradedt1 geologic plan shall be submitt to the City Engineer. The plan shall clearly show a
geolo9ic corrective measures as actually construct
and must be based on a contour map which represer both the pre and post site grading. This plan shz
be signed by both the soils engineer and t engineering geologist. a mylar or similar drafting film and shall become permanent record.
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the geology as exposed by the grading operation, a
The plan shall be prepared
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37) No grading shall occur outside the limits of t. project unless a letter of permission is obtained fr the owners of the affected properties.
All slopes within this project shall be no steep1
than 2:1.
Additional drainage easements and drainage structurr
shall be provided or installed as may be required I the City Engineer.
The developer shall pay the current local drainac area fee prior to approval of the final map for th. project or shall construct drainage systems .
conformance with the Master Drainage Plan and City ( Carlsbad Standards as required by the City Engineer.
41) The developer shall construct desiltation/detentil basins of a type and size and at locations as approvl by the City Engineer. The developer shall enter in
a desiltation basin maintenance agreement and submit maintenance bond satisfactory to the City Engine1 prior to the approval of grading, building permit t final map which occurs first for this project. Eac
desiltation basin shall be serviced by an all-weathc
access/maintenance road. The provisions of th. agreement shall apply to any offsite borrow sitt which may be utilized in the construction of th: project as required by the City Engineer.
The owner of the subject property shall execute a hol harmless agreement regarding drainage across ti adjacent property prior to approval of the fin; map/and grading or building permit for this project.
The drainage system shall be designed to ensure thi runoff resulting from a 10-year frequency storm of hours or 24 hours duration under developed condition: 1s equal to or less than the runoff from a stom 1 the same frequency and duration under existi. developed conditions. Both 6 hour and 24 hour sto
durations shall be analyzed to determine the detentic basin capacities necessary to accomplish the desirc results.
The developer shall make an offer of dedication to tl city for all public streets and easements required I these conditions or shown on the Tentative Map. TI
offer shall be made by a Certificate on the Final rn?
for this project. All land so offered shall 1 granted to the City free and clear of all liens a1 encumbrances and without cost to the City. Streel
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that are already public are not required to I rededicated.
45) Direct access rights for all lots abutting Cannc Road, llAA1l, llBBs, and I1CCf1 Streets shall be waived 1
the final map.
46) Plans, specifications , and supporting documents fc all improvements shall be prepared to the satisfactic of the City Engineer. Prior to approval of the fin; map, the Subdivider shall install, or agree to insta: and secure with appropriate security as provided 1 law, improvements shown on the tentative map and tl following improvements to City Standards to tl satisfaction of the City Engineer:
A. All streets within this subdivision shall I public streets and shall be improved in accordanc
with current City Standards, Streets llE1l and "I only shall be improved to Hillside Standards.
Full width right-of-way and full width improvemer of Cannon Road through the subdivision : accordance with City Standards, including mediz island.
Prior to approval of final map over any portion (
this tentative map, the developer shall provic for full width right-of-way, full width gradir
and a 28-foot wide paved center section (excludir sidewalk and median landscape treatment) wit street lighting of Cannon Road from tk
subdivisian baundary westerly to El Camino Rea3 The intersection of Cannon Road and El Camir Real shall be fully improved in width includir curb returns with transitions to meet the 28-fOC
wide paved center section as required by the Cit Engineer.
D. Installation of a traffic signal at th intersection of Cannon Road and I1BB1I Street Prior to approval of a final map over any portic of this tentative map, the developer shall agrc to install and secure this signal as per approve plans. The traffic signal shall be installed upc meeting warrants or as directed by che Cit
Engineer.
E. Prior to the approval of final map over Phase 1
an alternate roadway outlet from the west end C
Street IIBB1* on a generally westerly direction t
B.
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of the tentative map, the developer shall provid
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College Boulevard, then northerly along Coll Boulevard to Elm Avenue; then westerly along Avenue to join existing improvements.
The specific alignment and design of this alterr roadway outlet shall be in accordance with C
Standards and to the satisfaction of the C
width (Street llBB1l - 68 feet), full grading, str
lighting, drainage control, and a 28-foot w paved center section (excluding median landsc treatment , if applicable) .
Should the City Engineer deem it necessary
signalize the intersection of College Boulevard Street fIBB1l, the developer shall enter intc secured agreement with the City for construction of one-fourth of the cost of s
traffic signal.
Engineer, and shall consist of: full right-of-
47) Unless a standard variance has been issued, no varia from City Standards is authorized by virtue of appro of this site plan.
Prior to final map approval for any unit with any ph of this subdivision, the developer must provide for separate access roads into and out of the subdivis
subject to the approval of the City Engineer. Can, Road extension to Oceanside may serve as the sect
access only if the traffic study required as part condition no. 58 shows it has no significant adve: impacts on Carlsbad's Circulation.
48)
49) The City Council has acquired facilities to prodi reclaimed water and is doing a master plan for the use reclaimed water. In order to insure an adequate wa. supply for the City and this development, it may necessary for the applicant to use Type 1 reclaimed wa' in the common areas of the subdivision. This proj( shall comply with the requirements of the reclaimed wat master plan as adopted by the City Council. If the p:
so provides the applicant shall construct dual systc for reclaimed water in accordance with Title 17 of 1 Administrative Code and City Standards. The covenand conditions, and restrictions for the subdivision shi provide for a homeowners association with 1 responsibility for the use of reclaimed water and for 1 maintenance and operation of the system in accordai with City standards in the event a reclaimed water sysl is required. The City Engineer may require tht
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installation of sleeves at crossing points to prov:
properties adjacent to this subdivision.
Water shall be provided by the City of Carlsbad unlE some other arrangement is approved by City Council.
Prior to approval of a final map over any portion
this tentative map the developer shall install, agree to install and secure with appropriate securj as provided by law, for the following:
for the possibility of reclaimed water service
50)
51)
Installation of and easements for all water lines necessary to supply water and fire flow to the subdivision including any upsizing necessary to
serve adjacent land areas. This requirement shall include submittal of
a complete set of hydraulic network
map area. calculations for the entire tentative
52 1 The developer shall comply with all the rule regulations and design requirements of the respecti sewer and water agencies regarding services to t pro j ect .
Land for all public streets and easements shown on t
tentative map shall be dedicated on the final map a shall be granted to City free and clear of all lie and encumberances.
All concrete terrace drains shall be maintained by tl
homeowner's association (if on commonly own4
property) or the individual property owner (if on i
individually owned lot). An appropriately wordc statement clearly identifying the responsibility sha. be placed in the CC&Rk.
55 1 It shall be the responsibility of the developer a secure all the easements necessary for the off-si; improvements. The City will enter into reimbursemer agreements with the developer to provide reimbursemer for the construction of a sewer system or water systc appurtenances required in excess of that required t service this subdivision. The City will not, howevei enter into a reimbursement agreement to provic reimbursement for any portion of the off-site roadwi construction or right-of-way acquisitions required t serve this subdivision.
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56) The design of '@BB" Street from Cannon Road to 'ICE Street shall include provisions for a raised mediz designed in accordance with City standards and to tk satisfaction of the City Engineer.
Prior to recordation of any final maps, the applicar
shall submit a detailed traffic study identifyir additional intersection improvements required as result of traffic impacts from this project. Thi study shall not be limited to, but shall specificall address, the following intersections: Cannon Road ar College Avenue and El Camino Real. Impacts direct1
attributable to this project shall be mitigated to tk
satisfaction of the City Engineer.
58 1 Prior to final map approval, a traffic analysi addressing level of service and impacts on adjacer street systems to this project shall be submitted t
and approved by the City Engineer. Specif i mitigation measures shall be incorporated into thi study and made a part of these conditions if approve by the City Engineer.
59 1 All conditions of approval for this project shall nc
be eligible for Public Facilities Fee Reimbursement.
60 1 Sewage for this project will be handled as indicate in the Sewer Master Plan - through the South Agx Hedionda Trunk to Encinas. Prior to approval of tF final map, the developer must provide for the systems facilities, and easements necessary to implement tk
Sewer Master Plan.
57 1
61 1 Some improvements shown on the Tentative Map and/c required by these conditions are located offsite c property which neither the City nor the subdivider hz sufficient title or interest to permit tk improvements to be made without acquisition of tit1 or interest. The subdivider shall conform to Sectic
20.16.095 of the Carlsbad Municipal Code.
Fire DeRartment:
62 1 The applicant shall submit two (2) copies of a sit plan showing locations of existing and proposed f ii hydrants and onsite roads and drives prior to issuanc of a building permit.
An all-weather access road shall be maintain6 throughout construction. 63 1
11
.' a 0
64 1 All required fire hydrants, water mains and appurtenan shall be operational prior to combustible build
materials being located on the project site.
specifications contained in the City of C:arls
66) All fire alarm systems, fire hydrants, extinguish
systems, automatic sprinklers, and other syst pertinent to the project shall be submitted to the F
Department for approval prior to construction.
65) Brush clearance shall be maintained according to
Landscape Guidelines Manual.
67) All structures shall be protected by automatic f sprinkler systems to the satisfaction of the Fire Ch until this project is within a five minute response t of a City of Carlsbad fire station.
Secondary access to this project via the extension of Street to College Avenue and the extension of Coll Avenue to Elm Avenue shall be constructed and accepted the City when the Elm Avenue/Glasgow Lane Fire Station
activated as determined by the Local Facility Managem
68 1
Plan for Zone 15.
69) Prior to issuance of building permits, the develo shall submit to the Fire Department a map, showing street network, conforming to the following criteria
* 400' scale (1:4800) * Photo reduction on mylar * At least two existing streets and/or intersectir shall be referenced on the map (not a separi
vicinity map) * Maps shall include at least the follow information:
* Street centerlines * Street names * Fire hydrant locations
The applicant shall agree to pay a fee established cover the cost of updating Fire Department response mal 70)
71) Additional public and/or onsite fire hydrants shall
provided if deemed necessary by the Fire Marshal.
72) Prior to the issuance of building permits, complt
building plans shall be submitted to and approved by 1
Fire Department.
12
0 0 ..
6.
Fire retardant roofs shall be required on a:
structures. 73 1
Parks and Recreation:
74) The landscaping in the median island and along tl parkway of Cannon Road shall comply with the Parks ai Recreation Department's streetscape theme.
75) The homeowner's association shall be responsible fc the maintenance of the landscape treatment up to tl
edge of all public sidewalks.
The developer shall apply and germinate an approvc
Th. graded pads left for future consideration.
treatment shall be performed immediately after tl
rough grading operation is completed.
Prior to approval of any final maps for this projeci the applicant's landscape architect shall submit
plan for the planting and maintenance of all commc slope areas. This plan shall classify slopes ai
their required maintenance in conformance with tl
City of Carlsbad's Landscape Guidelines Manual.
Street trees shall be planted adjacent to all pub1
streets at the rate of one per lot and the trees a: to be planted six feet back from curb or sidewalk, t
as otherwise approved by the Parks and Recreatic Director.
76) seed mix as part of the erosion control measure on a:
77)
78)
MH: dm
13
. .* a
c
AGREEMENT FOR WAIVER OF PROHIBITION
AGAINST THE IMPOSITION OF CONDITIONS
UPON THE APPROVAL OF AN EXTENSION OF
A TENTATIVE SUBDIVISION MAP
This Agreement is made this 26th day of JANUARY .
19 93 between the City of Carlsbad, a municipal corporat
(hereinafter called @ICityI@) and Carlsbad Development Coml
(hereinafter called ItSubdividertt) .
RECITALS
1. Government Code Section 66452.6 (e) and Carlsbad Municipal
Sections 20.12.110 and 20.24.180 permit Subdividers to req
and City to approve, conditionally approve or deny extens
of time for the expiration of tentative maps or tenta
parcel maps (hereinafter collectively called "Tents
Subdivision Maps") .
2. El Patio v. Permanent Rent Control Board, 110 Cal. App
915, modified 111 Cal. App. 3d 788 (1980) indicates that
Government Code (Subdivision Map Act) may not authorize
to impose new conditions; i.e., those which were not imF
on the tentative subdivision map, upon the extension of
for expiration of a tentative subdivision map, but also
that the City does have discretion to approve or deny
extensions.
3. Government Code Section 66452.6(d) and Carlsbad Municipal
Section 20.12.100(d) and 20.24.160 provide that expiratic
a tentative subdivision map shall terminate all proceec
and that no final map or parcel map for any property COT
Agree~entsW-39. FRM 1
e a
by the tentative subdivision map shall be filed without fi
processing a new tentative subdivision map.
4. Subdivider has requested City to approve the extension of t
for Tentative Subdivision Map No. CT 82-12 which was initia
approved on September 7, 1982.
5. Since the approval of said Tentative Subdivision Map, City
conducted studies which show that the construction of cert
drainage facilities or thoroughfares are essential to prot
and provide for the health, welfare, and safety of all of
present and future residents of City, includingthose who \
reside in said subdivision.
Since the approval of said Tentative Subdivision Map, City
adopted a major drainage fee or major thoroughfare fee or 1
to provide the funds to construct the necessary draii
facilities and thoroughfares.
6.
7. Since the approval of the Tentative Subdivision Map, City
conducted studies which show the need to establish a pul
facilities fee in order to provide for public facilitier
protect the public health, safety and welfare of the pre
and future residents of City and to ensure that pu
facilities to serve the development will be avail
concurrent with need as required by City's General P
Developer agrees to pay said fees and has executed a cont
which is on file with the City Clerk to that effect.
8. Because the original approval of said Tentative Subdivi
Map occurred prior to the adoption of the aforementioned f
City did not condition the approval of said Tenta
AgreementsW-39. FWI 2
# * 0 a
c
Subdivision Map with the payment of said fees.
9. Since the initial approval of said Tentative Subdivision
there may have been changed circumstances which req
additional conditions of approval on the extension of
Tentative Subdivision Map to protect the public health, sa
and welfare, to mitigate affects on the environment 0:
ensure consistency of the extended map with the City's, Gen
Plan and Municipal Code.
10 City arguably may not, without the voluntary consenl
Subdivider, impose upon the extension of said Tenta
Subdivision Map conditions requiring payment of the
mentioned above or conditions necessary to protect the pu
health, safety or welfare, or the environment or en
consistency with the General Plan or Municipal Code.
Without such voluntary consent of Subdivider tothe imposi
of conditions City may be required to deny Subdivid
request for extension to ensure that the public health, sa
and welfare, or the environment are protected or that
General Plan or Municipal Code requirements are satisi
Approval of the extension of said Tentative Subdivisior
without assurances that the fees mentioned above would be
for said subdivision would be contrary to the best intei
of the City and would threaten the City's ability to prc
and provide for the public health, safety and well
Subdivider agrees that it is in the best interest of Cit:
11.
Subdivider that City be able to protect the public he;
safety and welfare, or the environment or ensure consisl
with the General Plan or Municipal Code by the impositic
AgreerentsW-39.FWI 3
0 e 0
conditions on the extension of tentative subdivision maps
12. Subdivider realizes that denial of the requested extens
could result in the expiration of the tentative subdivis
map. Subdivider would then be required to incur substant
costs and time delays in processing a new tentat
subdivision map approval of which would be subject to
conditions necessary to ensure consistency of the tentat
subdivision map with the Subdivision Map Act, the Calif01
Environmental Quality Act, Titles 19, 20 and 21 of
Carlsbad Municipal Code, the City's General Plan and
protect the public health, safety and welfare.
City has reviewed the Subdivider's request for an extensio 13.
time for said tentative subdivision nap and finds 1
granting the request subject to certain conditions will no
contrary to the public health, safety and welfare.
NOW, THEREFORE, in consideration of the recitals and of
mutual covenants set forth herein, City and Subdivider agrec
follows :
1. City agrees to extend Subdivider's Tentative Subdivi
Map for one year subject to whatever new or revised conditions
City in its sole discretion deem appropriate.
2. Subdivider knowingly and voluntarily waives any and
right to the unconditioned extension of Tentative Subdivisioi
NO. CT 82-12.
3. Subdivider knowing and voluntarily consents to
imposition of a condition of approval of the extension of Tent;
Subdivision Map No. CT 82-12 which requires payment of any
which may be in effect at the time of approval of the '
AgreementsW-39.FRH 4
*
d a 0
subdivision map for said subdivision or any portion thereof anc
the following additional conditions:
A. This approval is expressly conditioned on the papenl
the applicant of a public facilities fee as requirec
City Council Policy No. 17, issued and effective on AI
22, 1986, on file with the City Clerk and incorporz
herein by reference, and according to the agree1
executed by the applicant for payment of said fee.
said fee is not paid as promised, this application i
not be consistent with the General Plan and the pro
cannot proceed and this approval shall be void.
B. This approval is expressly conditioned upon
subdivider's compliance with any growth management sy
in effect at the time the final map is filed. Subdiv
shall also pay or agree to pay (as decided by the
Council) all fees identified by the City Counci:
necessary to pay for the cost of providing facilities
improvements which are imposed pursuant to the gr
management system or any other applicable laws.
4. The provisions of Carlsbad Municipal Code Sec
20.12.110 and 20.24.180, as appropriate, shall govern extensic
the map which is the subject of this agreement.
5. If this agreement is for an extension of a tenti
subdivision map for a minor subdivision, the appeal of the
Engineer's approval, or conditional approval, of the extensic
any party shall void this agreement unless the agreemen
subsequently approved by the City Council.
6. Any action by Subdivider to challenge the legalil
AgreerentsUG-39.FWI 5
.
4 0 0
*
this agreement or any failure by Subdivider to pay the fees a
comply with any other conditions applicable to the extension sha
void the approval of such extension. The map shall not final a
the development shall not proceed until a new tentative subdivisi
map has been approved.
SUBDIVIDER LSBAD, a m
Ch-lsb,d pcYC/cp-e-+ Co
L’e(.Aa cap,‘~*i, LJd. 3r
BY: )~L~cL-z/ J& A
26~4a-d ~ia-iwasL4~ ?ye> -de*+
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney 2. 3* ct
Notarial acknowledgement of execution by subdivider must attached. Affix corporate seal if appropriate.
Qreementsw-39. FRM 6
e 0 *
!I
L
this agreement or any failure by Subdivider to pay the fees ai
comply with any other conditions applicable to the extension sha:
void the approval of such extension. The map shall not final ai
the development shall not proceed until a new tentative subdivisic
map has been approved.
SUBDIVIDER
&-!$bad &Y~/O~-~-+ co.
-? ,v'e j . d a 2 ay' *'T+ 1, L+d I sy '.
BY: jZ2-d & d
72 b'c 4d -d i-i a * w a I Li, ?/e s c-de %+
APPROVED AS TO FORM:
(2. L
RONALD R. BALL
City Attorney d* 3'c'
Notarial acknowledgement of execution bv subdivider mu** (This area for omcial notar
TO 449 c
(Corporation) ' STATE OF v NEbmfi 1 COUNTY OF CL A RK } ss.
.Q&&bQK I), 1942 before me, the undersigned, a Notary Public in and fl 1 ~tL~~ally appeared XKhUd dcC Q r\ QX Cl
w LL known to me to be the President, and
Y known to me to be z known to me to be the persons who executed the within J Instrument on behalf of the corporation therein named. and n. acknowledged to me that such corporation executed the within 2 instriirnent pursuant to its by-laws or a resolution of its board of directors.
WITNESS my hand and official seal.
Secretary of the corporation that executed the within Instr
1 ~ Sigzre
P2 4.
M. HCSkER
Name (Typed or Printed)
OO~~QO~OQ~QQ~*QQ~
Notark Publtc - Nevaca 9
(This area for omcial notari
JOYCE M. HOSKER g
Clark County $
MY aPPt. exp. July 19, 1994 8 '~~vQ~vQ~oQvQoo~~~~~~~~~~~
0 0
AGREEMENT FOR WAIVER OF PROHIBITION AGAINST THE IMPOSITION OF CONDITIONS UPON THE APPROVAL OF AN EXTENSION OF
A TENTATIVE SUBDIVISION MAP
This Agreement is made this 26th day of JANUARY ,
19 93 between the City of Carlsbad, a municipal corporati
(hereinafter called rlCitylv) and Carlsbad Development ComE
(hereinafter called I1Subdividert1) .
RECITALS
1. Government Code Section 66452.6(e) and Carlsbad Municipal (
Sections 20.12.110 and 20.24.180 permit Subdividersto reg
and City to approve, conditionally approve or deny extens:
of time for the expiration of tentative maps or tental
parcel maps (hereinafter collectively called llTental
Subdivision Maps") .
2. El Patio v. Permanent Rent Control Board, 110 Cal. App.
915, modified 111 Cal. App. 3d 788 (1980) indicates that
Government Code (Subdivision Map Act) may not authorize (
to impose new conditions; i.e., those which were not imp(
on the tentative subdivision map, upon the extension of 1
for expiration of a tentative subdivision map, but also 1
that the City does have discretion to approve or deny I
extensions.
3. Government Code Section 66452.6 (d) and Carlsbad Municipal 1
Section 20.12.100(d) and 20.24.160 provide that expiratio
a tentative subdivision map shall terminate all proceed
and that no final map or parcel map for any property cov
Agreements\AG-39. FRll 1
0 0
by the tentative subdivision map shall be filed without fi
processing a new tentative subdivision map.
4. Subdivider has requested City to approve the extension of t
for Tentative Subdivision Map No. CT 82-12 which was initia
approved on September 7, 1982.
5. Since the approval of said Tentative Subdivision MapI City
conducted studies which show that the construction of cert
drainage facilities or thoroughfares are essential to prot
and provide for the health, welfare, and safety of al:L of
present and future residents of City, includingthose who P
reside in said subdivision.
6. Since the approval of said Tentative Subdivision Map, City
adopted a major drainage fee or major thoroughfare fee or 1
to provide the funds to construct the necessary draii
facilities and thoroughfares.
7. Since the approval of the Tentative Subdivision Map, City
conducted studies which show the need to establish a pul:
facilities fee in order to provide for public facilities
protect the public health, safety and welfare of the pre
and future residents of City and to ensure that pu
facilities to serve the development will be avail
concurrent with need as required by City's General P
Developer agrees to pay said fees and has executed a cont
which is on file with the City Clerk to that effect.
8. Because the original approval of said Tentative Subdivi
Map occurred prior to the adoption of the aforementioned f
City did not condition the approval of said Tenta
AgreementsVG-39.FRM 2
0 0
Subdivision Map with the payment of said fees.
9. Since the initial approval of said Tentative Subdivision
there may have been changed circumstances which req
additional conditions of approval on the extension of
Tentative Subdivision Map to protect the public health,, sai
and welfare, to mitigate affects on the environment or
ensure consistency of the extended map with the City's Genc
Plan and Municipal Code.
10 City arguably may not, without the voluntary consent
Subdivider, impose upon the extension of said Tental
Subdivision Map conditions requiring payment of the 3
mentioned above or conditions necessary to protect the pul
health, safety or welfare, or the environment or en:
consistency with the General Plan or Municipal Code.
Without such voluntary consent of Subdivider to the imposii
of conditions City may be required to deny Subdivide
request for extension to ensure that the public health, sa
and welfare, or the environment are protected or that
General Plan or Municipal Code requirements are satisf
Approval of the extension of said Tentative Subdivision
without assurances that the fees mentioned above would be
for said subdivision would be contrary to the best inter
of the City and would threaten the City's ability to pro
and provide for the public health, safety and welf
Subdivider agrees that it is in the best interest of City
Subdivider that City be able to protect the public hea
safety and welfare, or the environment or ensure consist
with the General Plan or Municipal Code by the impositio
11.
Agreenents\AG-39.FRW 3
- 0 0
conditions on the extension of tentative subdivision maps
12. Subdivider realizes that denial of the requested extens
could result in the expiration of the tentative subdlivis
map. Subdivider would then be required to incur substant
costs and time delays in processing a new tentat
subdivision map approval of which would be subject to
conditions necessary to ensure consistency of the tentat
subdivision map with the Subdivision Map Act, the Califoi
Environmental Quality Act, Titles 19, 20 and 21 of
Carlsbad Municipal Code, the City's General Plan and
protect the public health, safety and welfare.
City has reviewed the Subdivider's request for an extensio:
time for said tentative subdivision map and finds 1
13.
granting the request subject to certain conditions will no
contrary to the public health, safety and welfare.
NOW, THEREFORE, in consideration of the recitals and of
mutual covenants set forth herein, City and Subdivider agrec
follows:
1. City agrees to extend Subdividervs Tentative Subdivi
Map for one year subject to whatever new or revised conditions
City in its sole discretion deem appropriate.
2. Subdivider knowingly and voluntarily waives any and
right to the unconditioned extension of Tentative Subdivision
NO. CT 82-12.
3. Subdivider knowing and voluntarily consents to
imposition of a condition of approval of the extension of Tenta
Subdivision Map No. CT 82-12 which requires payment of any
which may be in effect at the time of approval of the f
Agreements\AG-39. FRll 4
a e
subdivision map for said subdivision or any portion thereof and
the following additional conditions:
A. This approval is expressly conditioned on the payment
the applicant of a public facilities fee as required
City Council Policy No. 17, issued and effective on AF
22, 1986, on file with the City Clerk and incorpora
herein by reference, and according to the agreen
executed by the applicant for payment of said fee.
said fee is not paid as promised, this application P
not be consistent with the General Plan and the proj
cannot proceed and this approval shall be void.
B. This approval is expressly conditioned upon
subdivider's compliance with any growth management sys
in effect at the time the final map is filed. Subdivj
shall also pay or agree to pay (as decided by the C
Council) all fees identified by the City Council
necessary to pay for the cost of providing facilities
improvements which are imposed pursuant to the grc
management system or any other applicable laws.
4. The provisions of Carlsbad Municipal Code Sect
20.12.110 and 20.24.180, as appropriate, shall govern extensioi
the map which is the subject of this agreement.
5. If this agreement is for an extension of a tentat
subdivision map for a minor subdivision, the appeal of the (
Engineer's approval, or conditional approval, of the extensior
any party shall void this agreement unless the agreement
subsequently approved by the City Council.
6. Any action by Subdivider to challenge the legalit)
AgreementsVG-39.FM 5
Y
P. e m
this agreement or any failure by Subdivider to pay the fees
comply with any other conditions applicable to the extension sk
void the approval of such extension.
the development shall not proceed until a new tentative subdivis
map has been approved.
The map shall not final
SUBDIVIDER
APPROVED AS TO FORM:
Q. e3-2.e
RONALD R. BALL City Attorney d' 3' $' '
Notarial acknowledgement of execution bv subdivider mnf (This area for official no
TO 449 C
(Corporation)
STrlTE OF- , i.iEVKbl%
COUNTY- OF C?L rt RVC ) ss.
before me, the undersigned, a Notary Public in and be7.c. Q-G+~ bcA, 1 i < I qci .L
State. personally appeared vc-C-hCL+*<d d Ck v\ iZ CLLc h
w known to me to be the President, and
y known to me to be knnivn to me to be the persons who executed the within y Instrument on behalf of the corporation therein named, and t acknowledged to me that such corporation executed the within b instrument pursuant to its by-law or a resolution of its board of directors.
ITITJESS my hand and official seal,
Lz Secretary of the corporation that executed the within In!
t On
1
Signature Pl &LS @I
/
~ ,J AUkCS b\. &&'CEJz?.
Name (Typed or Printed)
~~~0aoo~~~oo04s0000~~0~*~~ 0
0
(This area far official nota
0 JOYCE M. HOSKSR o
Notary PL;bilc. I\IE-.djijg S
c $! Clark CountY 2
0 MY appt. exp. JUIY 19,1994 :
i"$~ooooo~~~~~~oo~~~~oooG~~