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HomeMy WebLinkAbout1993-02-02; City Council; 12054; Daniel T. Shelley Stockpile AgreementSTOCKPILE AGREEMENT WITH DANIEL T. SHELLEY, DEPT. FNG PE 2.92.23 RECOMMENDED ACTION: Adopt Resolution No. 93~ 22 approving the Uncontrolled Stockpile Agreement between Daniel T. Shelley and the City of Carlsbad. ITEM EXPLANATION: Daniel T. Shelley is requesting City Council approval of an agreement t-o place an uncontrolled stockpile upon a portion of his property located on the southeastern part of the City east of Ranch0 Santa Fe Road and just north of the City boundary with City of Encinitas. The fill dirt for the stockpile will be generated from the Olivenhain Elementary School site, an Encinitas Unified School District project within the City of Carlsbad, currently under plancheck. The school site is contiguous with the stockpile site and used to be part of said Shelley property. Currently, the adopted Local Facilities Management Plan for Zone 11 restricts the issuance of grading and building permits within the zone area. However, staff finds this project as exempt from said Growth Management restriction due to the following reasons: 1. The proposed project is related to and supports the Olivenhain Elementary School project which is a facility that will serve the school element of the zone. 2. The proposed stockpile is not a final project and will require subsequent discretionary approvals from the City before issuance of building and pad grading permits. 3. The proposed project does not adversely affect the drainage and circulation performance standards which the LFMP has identified to be deficient. 23 8 e % Staff has conducted an environmental review of the stockpile project pursuant to the Guidelines for Implementation of the CEQA and the Environmental Protection Ordinance of the City. As a result of said review, a Negative Declaration has been issued for the project (Case No. EIA 92-13, December 30, 1992). Mr. Shelley has also submitted to the City his application for the ultimate development of his entire property. Staff has recently found his application to be complete for processing and are currently resolving the issues related to the proposed subdivision. p 2 A stockpile agreement is required by City Code because the placement of the fill will be done in such a manner that is not suitable for building structures without further City discretionary approval, soils investigation, and foundation design. Staff reviewed Mr. Shelley’s request and have no objections to the placement of a stockpile at this location. - A PAGE TWO OF AB# 12, o5 y FISCAL IMPACT: NONE EXHIBITS: 1. Location Map. 2. Site Map. 3. Signed Uncontrolled Stockpile Agreement 4. Resolution No. 9 3 - 6% approving the Uncontrolled Stockpile Agreement. - I LOCATION MAP PROPOSED ELEMENTARY SCHOqL --- P OF OCEANSIDE NOT TO SCALE PROJECT NAME SHELLEY STOCKPILE PROJECT EXHIBIT NUMBER PE2.92.23 1 nFPT - \-- -- --l \\ ’ \ ’ \ SHELLEY PROPERTY A.P.N. x4-m-II I u94.264-m-07 STaycPlLE SITI OLIVENttP\Ibl ELEMENTARY SCttOdl. - .-- - ZoDmoo Loo GRAPHIC SCALE r= 200 SITE MAP UWNmoL&D ~OCKPILE , DANIEL 1. StttEL~Y PI5 2.72.23 WtlBlT 2 RESOLUTION NO. 93-22 A RESOLUTION OF THE CITY COUNCIL OF THE CrrY OF CARLSBAD, CALIFORNIA, ACCEPTING THE CITY UNCONTROLLED STOCKPILE AGREEMENT WlTH DANIEL T. SHELLEY. WHEREAS, Daniel T. Shelley has submitted a grading plan requiring an uncontrolled stockpile on his property located on the southeastern part of the City; and WHEREAS, the City of Carlsbad have determined that it is in the public interest to grant the Uncontrolled Stockpile Agreement; NOW, THEREFORE, BE lT RESOLVED, by the City Council of the City of Carlsbad, California as follows: 1. That the above recitations are true and correct. 2. That the City Manager is authorized to execute the agreement and City Clerk is authorized to cause the Uncontrolled Stockpile Agreement to be recorded in the Office of the County Recorder of San Diego County, State of California. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 2nd day of FEBRUARY , 1993 by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finrjla NOES: None ABSENT: None AlTEST: > &REN 6j.JUMz, @ istant Cii Clerk (SEW RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Carlsbad ; 1200 Carlsbad Village Drive ) Carlsbad, California 92008 1 Space above this line for Recorder's use Parcel No. 264-010-11 AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR AND UNCONTROLLED STOCKPILE L s .PE 2.92;23 THIS AGREEMENT ‘is entered into this +* day of 19& by and between Daniel T. Shelley hereinafter referred to as "Developer 11 whose address is 905 Olive Crest Drive, Encinitas, CA 92024 1,) , AND i : the CITY OF CARLSBAD:' a municip*al corporation of the State of 4 California, hereinafter'referred ‘to as "CITY," whose address -. is 1200 Carlsbad Village Drive, Carlsbad, California 92008. ~3, .( i I' RECITALS ,_ (' WHEREAS, Developer; is.the *owner of the real property 4 1" ! % ' described on Exhibit'l'Ai'; 'attached to and made a part of this agreement, and hereinafter referred'to as "Property"; and WHEREAS, the property lies within the boundaries of City; and WHEREAS, Developer wishes to stockpile 230,000 cubic yards on Owners property (Exhibit A); and WHEREAS, Owner acknowledges that as an uncontrolled stockpile the site is not eligible for a building permit unless special soils analysis and foundation design are submitted and approved: and AGREEMENT/AG-30.FR 1 WHEREAS, Developer acknowledges that the grading shall be done and maintained in a safe and sanitary manner at the sole cost, risk and responsibility of Developer or his successors in interest; and WHEREAS, the grading or stockpiling shall be constructed in accordance with plans approved by the City Engineer. NOW, THEREFORE, in consideration of the recitals and the covenants contained‘herein'>the parties agrees as follows: 1. Developer and Owner promise to indemnify and to hold the City of Carlsbad and any of' its agencies or employees .' ,>, ' f :*,>,F‘;, harmless from liability for ln]uries to persons, or damage to / I ..) -,* or taking of property, directly or indirectly caused by the diversion of waters, the blockage or alteration of the normal 8 , flow of surface waters or&drainage; or by the encroachment of ; ' ; a any stockpile on neighboring &ropertyj. or by any action or . ’ i.. - I grading operation used in"pyaofng or'removing the uncontrolled 1' *: stockpile. ( !* .s I,,, < ,;I :! iI 3. a 2. Thisagreement shall be approved'by the City Council i L '.-.,_ I and recorded bye the$ty~,'C~erk- in the Office of the County : ‘d f: ‘8~ *.s- Recorder as an obligation upon land involved. . 1. * . . . . ,,, I /// AGREEMENT/AG-3O.FRH 2 - '_' 3. This notice shall remain in effect until a release of this agreement if filed by the City Engineer. IN WITNESS WHEREOF, this agreement is executed in San Diego County, California as of the date first written. OWNER/DEVELOPER: ATTEST: CITY OF CARLSBAD, a municipal corporation of the State of California KAREN R. KUNDTZ, Assist& Citi Clerk : APPROVED AS TO FORM: 1 6 ,: b,& RONALD R. BALL ' City Attorney ‘_ d.3.93. ,' Ij -..._ !. b^/ ,t ,' , (Notarial Acknowledgement of execution by DEVELOPER and OWNER must be attached.) ‘_',' " _--.---_.l__-l.. . .._ ._.. - GENERAL ACKNOWLEDGMENT NO. 201 State of C,71 i forni a County of San Dieno > Onthisthe6th dayof January 1993, before me, ss. . . lckl Gem Clavler the undersigned Notary Public, personally appeared Daniel T. Shelley XK personally known to me to be the person(a) whose name&) is subscribed to the within instrument, and acknowledged that -he executed it. WITNESS my hand and official seal. Notary’s Signature EXHIBIT “A” A portion of Lots 13 and 14 of the Subdivision of Ranch0 Las Encinitas, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 848, filed in the Office of the County Recorder of San Diego County, June 27, 1898.