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HomeMy WebLinkAbout1993-04-06; City Council; 12140; REQUEST FOR AN EXTENSION OF TIME FOR THE TENTATIVE MAP FOR CARLSBAD TRACT 85-15, PARKVIEW WESTr -a, b-. 9 3 0 lene e Z 0 F 0 Q d 8 Z 3 C;w UP GAHLSUAV - AGtwA BILL 77 [ 7 AB # J2; IYD TITLE: REQUEST FOR AN EXTENSION OF TIME DEP' CITY DEPT. ENG CITY RECOMMENDED ACTION: FOR THE TENTATIVE MAP FOR CARLSBAD TRACT 85-1 5, PARKVIEW WEST MTG. 04-06-93 Adopt Resolution No. Ci '3- ? 5 tentative map for Carlsbad Tract 85-1 5, Parkview West. granting a one year extension of time ITEM EXPLANATION: We have received a request for an extension of time for Carlsbad Tract 85-15, P West, a 133 lot, 131 single family dwelling unit tentative tract map and planr development processed as La Costa Development Plan 85-02. The project is loc LFMP Zone 11, East of Rancho Santa Fe Road, between La Costa Avenue and de las Coches. The project is in the La Costa Master Plan Area SE-16. The Applicant making the request for extension is MSK Management Corporatioi as agent for the project on behalf of the Resolution Trust Corporation, RTC. The tentative map was first approved by the City Council on September 10, 16 map was involved in several tolling periods. After tolling the tentative map WOL expired as of January 31, 1993. The extension being requested in this action will extend the tentative map until 31, 1994. By Section 20.12.1 10(a)(2) of the Carlsbad Municipal Code two more extension are possible. The developer has made substantial progress toward obtaining a final map project. Considerable expenditures have been made in efforts to meet the requii for a final map. The reasons given by the Applicant for preventing the compl processing toward a final map are the lender has been taken over by the RTC engineering firm preparing the final map is in bankruptcy. In order to grant an extension the project must be found to be in conformance General Plan, current ordinances and current standards. With additional conditior findings can be made. The applicant has signed an agreement to waive the im of new conditions. Additional conditions that are required are: 1. A new standard legal condition holding the City and it's agents h from claims arising from legal challenges to the approval of a prc A new standard condition requiring the project to conform to National Pollutant Discharge Elimination System (NPDES) requirements. 3. A new standard condition requiring the project to conform requirements for the upcoming impact fee program for affordable t 2. Facilities Zone Local Facilities Management Plan Net Density Growth Control Point Special Facilities 11 11 6.0 - 4.91 C.F.D. No. 1 PARKVIEW WEST L e 0 ".* L i pr$- I k3> '& v ' *!! ,, ;'jg3 b, :1 +.-LJ Bob Wojcik Caroline Weaver City of Cadsbad 2075 Las Palmas Drive c2t4G3p Cadsbad, CA 92009 January 18,1993 (*t'"d .*>;q .- Planning Department .,tt I ,*a !*.>A ITEM: PARKVIEW WEST TENTATIVE MAP EXTENSION I am filing a request for tentative map extension of the Parkview West Project(CT85-15/LCDP85-2) located in La Costa Master Plan neighborhood SE-16. The applicant, Parkview West Partnership has been delayed in submitting their request for tentative map extension due to the fact that the lender, Pima Savings & Loan has been taken over by the Resolution Trust Corporation (RTC). That situation has taken some time to clarify the disposition oi the asset and secure funding of the tentative map extension fees from First Gibraltar Realty Adviser, the managing entity of the real estate portfolio for the RTC. The applicant has diligently pursued the final map processing, including grading plans, improvement plans, final tract map etc. The plans have been through four plan checks at the City Engineering Department. The final set of red lines are being worked on now, but the engineer of record VTN has gone into bankruptcy and the working drawings have been assigned to another engineering firm. We are cleaning up all outstanding matters now, including a new lender., I appreciate your consideration of the tentative map extension and request a meeting at your earliest convenience to discuss whether the City and staff will wave its twenty day requirement and set this map for extension hearing Sincerely, ?--* J.A. Gallagher President JAG:st EXHIBIT 2141 Palomar Airport Road, Suite 320, Carlsbad, CA 92009 (619) 929-0799 Fax (619) 929-0: " i 5 * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 F RESOLUTION NO. 93-7 e A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN EXTENSION OF TIME TO CERTAIN CONDITIONS. FOR TENTATIVE MAP NO. CT 85-1 5/P/PARKVlEW WEST SUBJECT WHEREAS, the City Council of the City of Carlsbad on, September 10, 198' Resolution No. 81 61 approving with conditions Tentative Map No. CT 85-1 5; and WHEREAS, Tentative Map No. CT 85-1 5 was tolled and as a result of tolling Tei No. CT 85-1 5 would have expired as of January 31 , 1993; and WHEREAS, the applicant is diligently pursuing those acts required to obtain i and WHEREAS, the project can be found to be in conformance with the General F City ordinances and current City policies with the imposition of additional condition WHEREAS, the applicant has consented to the imposition of such conditions and hz comply with them; and WHEREAS, both the applicant and the City wish to extend the map subject to upon the additional conditions. NOW, THEREFORE BE IT RESOLVED by the City Council of the City c California as follows: 1. That the above recitations are true and correct. 2. That with additional conditions contained herein the design and improve subdivision are consistent with the General Plan, Titles 20 and 21, and any pub development policies in existence at this time. 3. That Tentative Map No. Ct 85-1 5 is hereby extended for one year until Jan1 subject to all of the original conditions of approval and the following additional coi 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 66' A. * - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 l8 l9 20 21 22 23 24 25 26 27 28 0 0 Subdivision Map Act. 8. The applicant shall comply with the City’s requirements of the Nationa Discharge Elimination System (NPDES) permit. The applicant shall prr management practices to reduce surface pollutants to an acceptable to discharge to sensitive areas. Plans for such improvements shall be by the City Engineer prior to approval of the final map, issuance of ! building permit, whichever occurs first. The applicant is aware that the City is preparing an Impact Fee Prog alternative to the inclusionary requirements stipulated in Policy 3.6 of th Element. If in the development of the Impact Fee Program, it is determii City Council in order to find consistency with the Housing Element of tt Plan as well as consistency with Section 66473.5 of the Governn (Subdivision Map Act), that this project is subject to this fee and buildi have not been issued, the applicant or its successors in interest whatever reasonable Impact Fee that is required and in effect at tl issuance of building permits. If required fees are not paid, this applicat be consistent with the General Plan and approval for this project shal C. 4. That the Agreement for Waiver of Prohibition Against the Imposition of upon the Approval of an Extension of a Tentative Subdivision Map between MSK M Corporation and the City of Carlsbad on file in the office of the City Engineer is apF the Mayor is authorized to execute said agreement on behalf of the City. /// I// /I/ Ill /I/ /I/ //I I// //I /I/ /I/ Ill 111 - d 1 e 1 2 3 4 5 6 7 a 9 10 I' 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 5. That this extension is approved in reliance upon said agreement. challenge to or failure to perform said agreement or the conditions of this resolution : this approval void and the map shall not be final. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad C held on the 6th day of APRIL , 1993 by the following vote, to v AYES: Council Members Stanton, Kulchin, Nygaard, Finnila NOES: None ABSENT: Council Member Lewis ATTEST: o,%!L,;R Lz-LuL- ALETHA L. RAUTENKRANZ, City Clerk (SEAL) REQUEST FOR A 133 LOT/131 UNIT AB# 8295-#1 TITLE= TENTATIVE MAp AND LA COSTA DEVELOPMENT CT 85-15/LCDP 85-2 PARK VIEW WEST (DAON) MTG. 9/3/95 __ PLAN. CA DEPT. DEP CITY CITY i 9 2 0 !4 0 w 30 aD lnu .5 u. 8 I I m I m 2 P t; a d 0 2 3 0 0 C@ JF C;AHL~BALJ - AUCI, 5ILL RECOMMENDED ACTION: rf the City Council wishes to approve CT 85-15/LCDP 85-2 action is to adopt Resolution No, 8/ 6f --- your ITEM EXPLANATION The City Council at your meeting of August 20, 1985 directed ( office to prepare a resolution approving CT 85-15/LCDP 85-2. The resolution we have prepared carries forward the condition: of approval as recommended by the Planning Commission as modified by the City Engineer's memoradum Jf August 13, 1985 the Council's directions at your meeting of August 20, 1985. You should review them to insure that we hae accurately reflected your intentions in the matter, in particular, with regard to the developer's obligations for the construction of Rancho Santa Fe Road from Olivenhain Road to Melrose Drive. EHXIBIT Resolution No. p(6p -- _-- -- mE-- -- - - r: - I( 2/ I - - -- RESOLUTION NO. 8168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 133 LOT 21 22 23 24 25 26 27 I of the City of Carlsbad Environmental Protection Ordinance 1980 and the California Environmental Quality Act; NOW, THEREFORE, BE IT RESOLVED by the City Councj the City of Carlsbad, California as follows: A, That the above recitations are true and corn B. That the findings of the Planning Commission Resolution No. 2459 constitute the findings of the City Cc 1 11 finding: 6: 7/ 8il I '1 1 loi with interrelated conditions insuring that Rancho Santa Fe will be improved from Olivenhain Road to La Costa Avenue F occupancy of any of the homes within the four projects and the City Council will determine the timing and extent of t Santa Fe Road between La Costa Avenue and Melrose Drive pr final map approvals. The City Council has determined in approving these projects that the public facilities elemer the general plan requires the Council to utilize its authc under the La Costa Master Plan to advance the improvement improvements to be required for the remaining portion of F I.2 4 m m 13 0 traffic from these projects and that in the absence of construction of Rancho Santa Fe Road these projects could approved." I? I ' 21 I 23 24 25 26 27 28 2o I 22! , applicable requirements of the Carlsbad Municipal Code ar satisfaction of the conditions contained in Planning Comn Resolution No. 2459 dated July 10, 1985 marked Exhibit A hereto and made a part hereof, with the exception of the following additional conditions and revisions: following: "The limit on the amount of the fee is based on City Engineer's estimate. If the City Council finds tha cost of improvements require a higher fee, then the deve shall agree to pay that fee as determined by the City Co 2. Condition No. 60 is revised by the addition - 31 4, 1 I I "44. Within 30 days of tentative map approval, t shall submit an acceptable agreemenf with the aPP= developers of La Costa Master Plan neighborhoods SW 1, 2, and SE 17, 18, 19, 20 and 21 coordinating the time schedul ''1 "69. The actual construction of Rancho Santa Fe from Olivenhain Road to La Costa Avenue as required by the Council pursuant to these conditions of approval shall be I 23 24 I completed before the occupancy of the first house to be constructed in this subdivision." ... 26 27 .e* 1 I i .I I 2 I I1 0 m - - PASSED, APPROVED, AND ADOPTED at a regular meetin California on the 101 -- City Council of the City of Carlsbad, I 51 8 71 ABSENT: L'bnf? 11 ATTEST: SoZa >>a Gk<k ,>do zWgd 161 mor$ LL l5l 21 22 23 24 25 26 27 28 - 4. ' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 @ @ PLANNING COMMISSION RESOLUTION NO. 2459 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 133 LOT TENTATIVE TRACT MAP AND 131 UNIT LA COSTA DEVELOPMENT PERMIT ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF RANCHO SANTA FE ROAD BETWEEN LA COSTA AVENUE AND MISION ESTANCIA. APPLICANT: PARK VIEW WEST CASE NO: CT 85-15/LCDP 85-2 WHEREAS, a verified application for certain prope wit: Parcel 1 of Parcel Map No. 13524, in the City of Carlsbad, County of San Diego, State of Californi in the Office of the County Recorder of San Diego October 25, 1984 as File No. 84-403293 of Officia Records has been filed with the City of Carlsbad, and referred to Planning Commission: and WHEREAS, said verified application constitutes a as provided by Title 21 of the Carlsbad Municipal Code; an WHEREAS, the Planning Commission did, on the 10tk July, 1985, hold a duly noticed public hearing as prescril to consider said request; and WHEREAS, at said public hearing, upon hearing an( 'considering all testimony and arguments, if any, of all pt desiring to be heard, said Commission considered all fact( relating to the Tentative Tract Map and La Costa Developmc Permit. i I NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla Commission as follows: (A) That the foregoing recitations are true and correct. (B) That based on the evidence presented at the public h the Commission recommends APPROVAL of CT 85-15/LCDP based on the following findings and subject to the f conditions: //// . 1 2 3 * 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 e P Findings: 1) The project is consistent with the City's Ceneral Plan the proposed density of 4.9 du's/acre is within the de range of 4-10 du's/acre specified for the site as indi the land use elevent of the General Plan. 2) The site is physically suitable for the type and densi the development since the site is adequate in size and to accommodate residential development at the density posed. 3) The project is consistent with all City public facilit icies and ordinances since: a) The Planning Commission has, by inclusion of an appropriate condition to this project, ensured th; final map will not be approved unless the City COL finds that sewer service is available to serve the condition that a note shall be placed on the final that building permits nay not be issued for the pi unless the City Engineer determines that sewer sei available, and building cannot occur within the pr unless sewer service remains available, and the PI Commission is satisfied that the requirerents of t public facilities element of the General Plan havc met insofar as they apply to sewer service for thj project. project. In addition, the Planning Commission ha: b) School fees will be paid to ensure the availabilit school facilities in the San Dieguito School Distl: Also, an existing school agreement between the L; Land Company and the Encinitas School District wil adequacy of elementary school facilities. c) The dedication of park land or the payment of par1 fees pursuant to the La Costa Parks Agreement are as a condition of approval. I I d) All necessary public improvements have been provic e) The applicant has agreed and is required by the ii of an appropriate condition to pay a public facil fee. Performance of that contract and payment of will enable this body to find that public facilit be available concurrent with need as required by General Plan. will be required as conditions of approval. f) Assurances have been given that adequate sewer fo. project will be provided by the Leucadia Water Di, 4) The proposed project is consistent with the developmei standards and regulations of the La Costa Master Plan complies with the Design Guidelines Manual. PC RES0 NO. 2459 -2- Il 1 2 3 4 5 6 7 8 9 10 11 12 13 '* 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 e e 5) The proposed project is compatible with the surroundir land uses since surrounding properties are designated residential and community commercial development on th general plan. 6) The proposed project and the proposed public improveme consistent with the La Costa Master Plan and the Publi Facilities phasing section of the La Costa Master Plar 7) This project will not cause any significant environmer impacts and a Negative Declaration has been issued by Use Planning Manager on June 4, 1985 and approved by t Planning Commission on July 10, 1985. Conditions : 1) Approval is granted for CT 85-15/LCDP 85-2, as shown c Exhibits "A" - rrK1', dated June 27, 1985, incorporated reference and on file in the Land Use Planning Office, Development shall occur substantially as shown unless otherwise noted in these conditions. 2) This project is approved upon the express condition th final map shall not be approved unless the City Counci as of the time of such approval that sewer service is available to serve the subdivision. 3) This project is approved upon the express condition tk. building permits will not be issued for development of subject property unless the City Engineer determines t sewer facilities are available at the time of applicat such sewer permits and will continue to be available L time of occupancy. This note shall be placed on the f map. 4) This project is approved upon the express condition tf applicant shall pay a public facilities fee as requirc City Council Policy No. 17, dated April 2, 1982, on fi the City Clerk and incorporated herein by reference, a according to the agreement executed by the applicant f payment of said fee, a copy of that agreement, dated A 1985, is on file with the City Clerk and incorporated by reference. If said fee is not paid as promised, th application will not be consistent with the General P1 approval for this project shall be void. 5) The applicant shall dedicate land to be located in Sta Park pursuant to the existing parks agreement between and the City of Carlsbad. 6) Prior to the issuance of a grading permit, the applica shall coordinate design and construction regarding drz and walkway improvements with the Stage Coach Park development plan. PC RES0 NO. 2459 -3- I/ i 1 2 3 4 5 6 7 8 9 LO 11 12 l3 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 e v 7) The applicant shall provide school fees to the San Die School District to mitigate conditions of overcrowding of the building permit application. These fees shall b on the fee schedule in effect at the time of building application. Also, the applicant shall comply with th requirements of the existing school agreement between Costa Land Company and the Encinitas School District. 8) Approval of this request shall not excuse compliance w sections of the Zoning Ordinance and all other applica ordinances in effect at time of building permit issuan 9) Water shall be provided by the Olivenhain Municipal Wa District. 10) The applicant shall prepare a reproducible mylar of th site plan incorporating the conditions contained herei site plan shall be submitted to and approved by the La Planning Manager prior to the issuance of building per 11) The applicant shall establish a homeowner's associatic corresponding covenants, conditions and restrictions. CC&R's shall be submitted to and approved by the Land Planning Manager prior to final map approval. Easement to the Homeowner's Association for rnaintenanc all open space areas, recreation areas, pedestrian trz manufactured slopes. 13) The applicant shall prepare a detailed landscape and : tion plan which shall be submitted to and approved by Use Planning Manager prior to the issuance of buildins perm i t s . A 500' scale map of the subdivision shall be submittec Land Use Planning Manager prior to the recordation of final map. Said map shall show all lots and streets I and adjacent to the project. 15) All landscaped areas shall be maintained in a healthy thriving condition, free from weeds, trash, and debri: Any signs proposed for this development shall be desi( conformance with the City's Sign Ordinance and the La Sign Program shall require review and approval of the Planning Manager prior to installation of such signs. 17) All roof appurtenances, including air conditioners, s' architecturally integrated and concealed from view an1 sound buffered from adjacent properties and streets, to Building Department Policy No. 80-6, to the satisf the Land Use Planning Manager and Building and Planni Director. 12) The final map shall include an Open Space Maintenance 114) i 16) PC %SO NO. 2459 -4- I i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 27 18 l9 20 21 22 23 ' 24 25 26 27 28 0 * 18) The applicant shall submit a street name list consiste the City's street name policy subject to the Land Use Manager's approval prior to final map approval, 79) The project shall provide bus stop facilities at locat within or adjacent to the project boundaries subject t satisfaction of the North County Transit District. Sa facilities shall at a minimum include a bench, free fr advertising, and a pole for the bus stop sign. The be pole shall be designed in a manner so as to not detrac the basic architectural theme of the project and said shall be subject to the approval of the Land Use Plann Manager and North County Transit District. 20) The developer shall display a current Zoning and Land in the sales office at all times, and/or suitable alte to the satisfaction of the Land use Planning Manager, 21) All sales maps that are distributed or made available public shall include but not be limited to trails, fut existing schools, parks, and streets. 22) Building identification and/or addresses shall be plac all new and existing buildings so as to be plainly vis from the street or access road; color of identificatio addresses shall contrast to their background color. 23) Prior to occupancy of any units, the applicant shall CI a directory sign at the entrance to the project. The of this sign shall be approved by the Land Use Planning Manager 24) Prior to the issuance of any building permits, the app shall submit detailed cross sections of the pedestrian in conformance with Section IV. C3 of the La Costa Mas Plan, for approval by the Land Use Planning Manager. 25) Prior to the issuance of any building permits, the app shall be required to construct a solid acoustical barr between Lot 18 and Rancho Santa Fe Road, and a solid s high wall between Lot 17 and 18 and Mision Estancia to satisfaction of the Land Use Planning Manager. In add an interior noise analysis should be conducted along a fronting on Rancho Santa Fe Road and Mision Estancia ti that noise levels in habitable rooms would not exceed # 26) The applicant shall be required to create adequate buf areas between the residential units and Rancho Santa F to the west: Along cut slopes of Lot 32, the applican provide heavy landscaping as a buffer to the satisfact the Land Use Planning Manager. 27) All required acoustical walls and retaining walls shal solid decorative wall treated, subject to the satisfac of the Land Use Planning Manager. PC RES0 NO. 2459 -5- I * 1 2 3 4 5 6 7 8 9 10 11 12 13 l4 15 16 17 18 I' 20 21 22 23 24 25 26 27 28 0 e 28) The recreation area shall be included as a portion of 1 and shall be completed prior to occupancy of any unit 1. 29) If any condition for construction of any public irnprovc or facilities, or the payment of any fees in lieu then imposed by this approval or imposed by law on this pro: challenged, this approval shall be suspended as providt Government Code Section 65913.5. If any such conditio] determined to be invalid this approval shall be invalic the City Council determines that the project without tl condition complies with all requirements of law, Engineering Conditions: 30) The developer shall obtain a grading permit prior to t commencement of any clearing or grading of the site. 31 ) The grading for this project is defined as "controlled ing" by Section 11.06.170(a) of the Carlsbad Municipal Grading shall be performed under the observation of a engineer whose responsibility it shall be to coordinat inspection and testing to ensure compliance of the wor the approved grading plan, submit required reports to Carlsbad Municipal Code. Engineer and verify Compliance with Chapter 11.06 of t 32) Upon completion of grading, the developer shall ensure "as-graded" geologic plan shall be submitted to the Ci Engineer. The plan shall clearly show all the geology exposed by the grading operation, all geologic correct measures as actually constructed and must be based on tour map which represents both the pre and post site g This plan shall be signed by both the soils engineer a engineering geologist. The plan shall be prepared on or similar drafting film and shall become a permanent 33) No grading shall occur outside the limits of the subdi unless a letter of permission is obtained from the own the affected properties. 34) A separate grading plan shall be submitted and approve separate grading permit issued for the borrow or dispo if located within the city limits. 35) All slopes within this project shall be no steeper tha 36) Prior to hauling dirt or construction materials to any proposed construction site within this project the dev shall submit to and receive approval from the City Eng for the proposed haul route, The developer shall comF all conditions and requirements the City Engineer may with regards to the hauling operation. //// PC RES0 NO. 2459 -6- L 1 1 2 3 4 5 6 7 8 9 10 11 l2 13 14 l5 16 I.'7 18 19 20 21 22 23 24 25 26 27 28 0 W 37) The developer shall exercise special care during the construction phase of this project to prevent any offs: siltation. The developer shall provide erosion contro: neasures and shall construct temporary desiltationjdetc basins of type, size and location as approved by the C: Engineer. The basins and erosion control measures sha: shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer pi the start of any other grading operations. Prior to tE removal of any basins or facilities so constructed the served shall be protected by additional drainage facil slope erosion control measures and other methods reuui. approved by the City Engineer. The developer shall ma the temporary basins and erosion control measures for of time satisfactory to the City Engineer and shall gu their maintenance and satisfactory performance through deposit and bonding in amounts and types suitable to t Engineer . provided or installed as may be required by the County 38) Additional drainage easements and drainage structures Department of Sanitation and Flood Control or the City neer. 39) The developer shall pay the current local drainage are prior to approval of the final map for this project or construct drainage systems in conformance with the Mas Drainage Plan and City of Carlsbad Standards as requir the City Engineer. 40) The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjac property prior to approval of the final map for this F 41) The developer shall make an offer of dedication to the for all public streets and easements required by these conditions or shown on the Tentative Map. The offer f made by a Certificate on the Final Map for this projec all liens and encumbrances and without cost to the Cit Streets that are already public are not required to be rededicated. 42) Direct access rights for all lots abutting Mision Este Costa Avenue, Rancho Santa Fe Road and Calle Timiteo, for recreation Lot 132, shall be waived on the final n 43) Prior to occupancy of the 120th unit, a 28 foot wide ( section) access via Calle Timiteo shall be constructec this subdivision to La Costa Avenue to the satisfactic the City Engineer. 44) Plans, specifications, and supporting documents for a1 improvements shall be prepared to the satisfaction of Engineer. Prior to approval of the final map, the Sui shall install, or agree to install and secure with apy security as provided by law, improvements shown on the tentative map and the following improvements to City i to the satisfaction of the City Engineer: land so offered shall be granted to the City free and -I - -- - -.-a - l I i 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e a) Sidewalk, curb and gutter b) Street Lights c) Street Trees d) Water Improvements e) Sewer Improverents f) Storm Erain Tnprovernents g) Wheelchair Ramps h) Street Striping & Signs i) East-half width street improvements plus median on Santa Fe Road to primary arterial street star.dards the limits of the project. j ) North-half width street improvements on Mision Est< plus 12 feet to secondary arterial street standard: the centerline of Rancho Santa Fe Road to the eastt end curb return on Calle Timiteo. These improvements shall be constructed within 12 I after approval of the final map, with the exceptior item ''1" which shall be constructed within 15 montk tentative map approval. 45) Unless a standard variance has been issued, no variancc City standards are authorized by virtue of approval of tentative map. 46) The developer shall construct private street accesses t public streets in such a way as to clearly designate tk private streets are not a portion of the public street The developer shall place a plaque-type sign with the "PRIVATE STREET BEYOND THIS POINT, right to pass revocz non-tenants at anytime" at the access point to private from public streets, The script on the sign shown abo\ be capital letters of a size and contrast such as to bf readable for a normally sighted person at a distance oj feet. The provisions of this condition shall be met tc satisfaction of the City Engineer prior to issuance of Certificate of Occupancy for any portion of this projec 47) The developer shall comply with all the rules, regulati design requirements of the respective sewer and water a regarding services to the project. 48) Should the developer decide to final map and develop ph out of numerical sequence with the approved phasing as on the tentative map all conditions required of the pre phases shall be completed unless otherwise approved by City Engineer and the Land Use Planning Manager, 49) The design of all private streets and drainaue systems be approved by the City Engineer prior to approval of t final map for this project. The structural section of private streets shall conform to City of Carlsbad Stanc systems shall be inspected by the city, and the standar improvement plan check and inspection fees shall be p.ai to approval of the final map for this project. based on R-value tests, All private streets and drain; PC RES0 NO. 2459 -8- L * I * 1 2 3 4 5 6 7 0 0 50) All private streets and drainage systems shall be main by the homeowner's association in perpetuity. This re sibility shall be clearly stated in the CC&R's. 51) All concrete terrace drains shall be maintained by the homeowner's association (if on commonly owned property individual property owner (if on an individually owned An appropriately worded statement clearly identifying responsibility shall be placed in the CC&R's. 52) All plans, specifications, and supporting documents fc improvements of this project shall be signed and seal€ Engineer in responsible charge of the work. Each she€ be signed and sealed, except that bound documents may 14 ~ 15 16 17 I understand that the check of project drawings and specifications by the City of Carlsbad is confined to only and does not relieve me, as Engineer of Work, of responsibilities for project design. (Name, Address and Telephone of Engineering firm) Firm: 20 21 22 23 24 25 26 27 28 , Telephone: Date: BY - (Name of Engineer) R.C.E. NO. # 53) The developer shall provide the City with a reproduci copy of the tentative map as approved by the Planning Commission. The tentative map shall reflect the cond approval by the City. Engineer prior to improvement plan submittal and shal x 36" in size and of a quality and material satisfact the City Engineer. 54) Prior to recordation of any final map for this develo this project, the owner shall give written consent to annexation of the area shown within the boundaries of Tentative Map into the existing City of Carlsbad Stre Lighting and Landscaping District No. 1. The map shall be submitted to PC RES0 NO. 2459 -9- + n i v r/ 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e a 55) Approval of this tentative tract map shall expire twen months from the date of City Council approval unless a map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied discretion of the City Council. In approving an exten the City Council may impose new conditions and may rev existing conditions. 56) Prior to issuance of building permits, the applicant s apply for a street vacation of a portion of Rancho San Road. 57) The right-of-way radius in the cul-de-sacs as indicate the tentative map is specifically not approved. The rn curb radius shall be 40 feet. 58) Sidewalks shall be provided on both sides of all stree The City Engineer may allow for the elimination of sid where necessary. participate in an assessment district to finance the construction and/or reconstruction of Rancho Santa Fe 1 from La Costa Avenue to Melrose Avenue. A written let. the applicant to the satisfaction of the City Attorney satisfy this condition. 59) Prior to final map approval, developer shall agree to 60) Developer shall, prior to final map approval, enter in agreement with the City for the developer to pay a tra impact fee for the developer's share of mitigating ant future traffic problems at and near the intersection o Camino Real and Olivenhain Road, at and near the inter of El Carnino Real and La Costa Avenue. The interim fel collected, at the time of building permit issuance, sh. exceed $250 per single family housing unit, nor $200 PC multiple family housing unit. The amount of such fees be determined by the City Council based on an area traj impact study to be undertaken by the City and concludec six months after approval of applicant's tentative trac Fire Conditions: 61) Additional public and/or onsite fire hydrants shall be provided if deemed necessary by the Fire Marshal. 62) The applicant shall submit two (2) copies of a site pL showing locations of existing and proposed fire hydran., onsite roads and drives to the Fire Marshal for approv? //// //// //// PC RES0 NO. 2459 -1 0- I - I c 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e e 63) An all-weather access road shall be maintained through1 construction, 64) All required fire hydrants, water mains and appurtenan shall be operational prior to combustible building mat being located on the project site. 65) All private streets shall be kept clear of parked vehi at all times, and shall have posted "NO Parking/Fire L Away Zone" pursuant to Section 17.04,040, Carlsbad Mun Code. 66) Brush clearance shall be maintained according to the specifications contained in the City of Carlsbad Lands1 Guidelines Manual. 67) All fire alarm systems, fire hydrants, extinguishing s; automatic sprinklers, and other systems pertinent to tl project shall be submitted to the Fire Department for prior to construction. 68) Prior to the occupancy of any of the units, a temporar: La Costa Avenue. Calle Timiteo is proposed to be extei through to La Costa Avenue as a condition of approval 1 CT 84-7. If this extension is completed prior to the occupancy of any of the units, this condition will havc satisfied. If Calle Timiteo has not been constructed 1 time, then this condition will remain in effect. weather access road must be provided from the project //// //// //// //// //// //// //// //// //// //// //// //// PC RES0 NO. 2459 -1 1- .* ,* . 0 e GRADING AND EROSION CONTROL AGREEMENT CT 85-15 NAME OF APPLICANT: Greystone Home. Inc. (ref erred to as IlApplicant DATE OF AGREEMENT: - LOCATION: Parcel 1 of PM 13524 (referred to as 'IGrading Sitel') OFFSITE LOCATION (IF ANY (referred to as IlOffsite Grading Loca (ref erred to as flDeveloprnen NAME OF DEVELOPMENT: Park View West (CT 85-15) GRADING PLAN NUMBER: DWG 269-5A (referred to as "Grading ~1 SURETY/FINANCIAL INSTITUTION: American Motorists Insurance Cornpa1 ADDRESS: 7470 N. Figueroa St., L.A., CA. 90041 TOTAL AMOUNT OF SECURITY: $1.032,000.00 AMOUNT OF SECURITY POSTED AS CASH DEPOSITS72,OOO RECEIPT N( AMOUNT OF SECURITY POSTED OTHER THAN CASH:$960.000.00 SECURITY FORM FOR AMOUNT OTHER THAN CASE: Surety Bond (Surety Bond, Letter of t This agreement is made and entered into by and betwe City of Carlsbad, California, a Municipal Corporation of thl of California, hereinafter referred to as City, and the Appl RECITALS A. The Applicant has applied or will apply for a ( Permit, pursuant to Chapter 11.06 of the Carlsbad Municip: (hereinafter referred to as "Code"), to perform gradir including excavation, fill, installation of drainage faci installation of desiltation/retentionbasins, landscaping, control or any combination thereof and storm damage prot within the City of Carlsbad, State of California, more 1 ma -r- ..e .* .. 0 0 specifically as shown on the approved Grading Plans refer above and incorporated by reference herein. B. Complete Grading Plans and specifications fc grading work to be performed under the Grading I incorporated by reference here e been prepared by or request of the Applicant, Engineer, an( d policies, E Grading Plans as identif shall occur in the general loc of the Grading Site E include work at the Offsite Grading Location, as specif Page 1. D. An estimate of the cost of performing the gradii in connection with City requirements according to the ( Plans has been submitted by the Applicant and approved by tl Engineer and is attached as Exhibit l1A1'. E. Section 11.06.080 of the Code requires the Applil post a bond with the City to cover the cost of the gradii prior to issuance of the Grading Permit. F. The City Engineer may require pursuant to Subsect of Section 11.06.080 of the Code that up to ten percent ( the grading bond be posted as cash to ensure adequate safi for the prevention of erosion and sedimentation are in pla needed and be properly maintained and repaired. The applic the right to submit a cash deposit greater than ten perce The applicant has submitted cash in the amount st G. Page 1. 2 REV( 7 e ,. ,_. NOW, THEREFORE, in consideration of the issuance ( Grading Permit by the City, the Applicant and the City ag follows: 1. Applicant shall: Amlicant's Oblisation to Perform Gradins Work a. Complete at drainage, landscape, sto the Grading Pe . Maintain any a ontrol devices in a measures or dev in an acceptable manner, or that a hazardous con to erosion, or to work being done, applicant shall take im action to construct or install additional erosion control d or repair the existing erosion control devices or corre hazardous condition upon not the City En? Notification will be made by he 24 hour em€ telephone number shown on the If there is no answer emergency phone number or the contact person fails to ir corrective action within the time specified by the City Eng then the City Engineer may cause corrective action to be tal the costs of said corrective action shall be deducted fr cash deposit posted by the applicant. Funds withdrawn by tk Engineer from the cash deposit required under the terms c agreement shall be replaced by the applicant within five k days of notice from the City Engineer to do so. The City Er 3 RRlW -1r - ~ 0 I. .% .. may order all work on the project stopped until such time cash deposit is restored to its original balance. This pro shall also apply to any existing offsite desiltation basins in the opinion of the City Engineer are impacted by si1 originating from the Applican c. Make an inspec other erosion control devices estore the bas e design perfo opinion of the City Engineer. d. Give good and adequate warning to the pub each and every dangerous condition present in or adjacent grading work and take all reasonable actions to protect the from such dangerous conditions. 2. SeCUrina of Property Riqhts The applicant sha commence any off-site grading until proof of all necessa proper written legal permission or title is furnished to tk 3. Securitv Applicant hall at all times guz Applicant's performance of this greement by furnishing t and by maintaining good and sufficient security as require Code on forms approved by City. In accordance with Section 11.06.080 of the Cod( Applicant shall submit one or more forms of security in thc amount of 100 percent (100%) of the estimated cost of the q work. The City Engineer may require that up to ten percent of the grading security be posted as a cash deposit. RNQ 4 I1 ... . ., The securities required by this agreement shall be k file with the City Clerk. The terms and conditions ( security posted with this agreement are incorporated int agreement by this reference. If any security is rep ther security apprc the City Clerk, the maintain proper facilities and safe access for inspection grading work by City inspectors. Upon completion of the wc Applicant shall request a final inspection by the City En5 If the City Engineer determines that the work has been cox in accordance with this agreement, he shall certify the corn1 of the work. Applicant shall bear all costs of inspectj certification. 5. Release of Security The Security required b agreement shall be released as follows: (1) Security given t rantee performance grading and erosion control work as authorized pursuant Grading Permit shall be released upon acceptance of the I the City Engineer subject to the provisions in Subsectiol (3) and (4) of this section. (2) Upon written application for release by App the City Engineer may release a portion of the security as 1 is satisfactorily completed and accepted. The City Enginee not authorize a release of the grading and erosion 5 REV0 ~. * . .. 0 e security to an amount, in his or her opinion, below that re to guarantee the completion of any work or any other obli imposed by Code, conditions of approval for the developme this agreement. (3) All or an f the cash security necessary by the City E tained to gua maintenance and repair and other E control devices. The remaini shall be re upon determination of the developmer has been adequately and permanently safeguarded against E and all temporary desiltation basin and erosion control c have been removed to the satisfaction of the City Engineer (4) The City may retain from the security relez amount sufficient to cover costs, reasonable expenses and including reasonable attorney's fees. 6. Injury to Public or Private Improvements and Pr Applicant shall indemnify the City pursuant to Paragraph replace, or repair, or pay to the he entire c replacement or repairs of a ged or destrc reason of any work done hereunder, whether such property i: by the United States or any agency thereof, or the St California or any agency or district or political subd: thereof, or any public or private corporation, or by any ] or by any combination of such owners. Any such rep replacement shall be to the satisfaction and subject approval of the City Engineer. 7. Permits At Applicant's expense, Applicant shall all necessary permits and licenses for the constructi 6 ma p7i--=:-=-m e e ,. , -. .. installation of the improvements, give all necessary notic pay all fees and taxes required by law. 8. Default of ApPlicant In the event Applicant fa perform any work required by this agreement, City may perfoi twenty (20) days after mail n Notice of Defai Applicant and to Applicant's t agrees to 1 entire cost such perfo provided by th omplete the wor contained herein. If Applicant does not determined by the City Engineer, City may take over the wc prosecute the same to completion by contract or by any method City deems advisable, for the account and at the expe Applicant. Applicant's Surety shall be liable to City f excess cost or damages occasioned by City. In such event, without liability for so doing, may take possession of and u in completing the work such materials, appliances, plant and property belonging to Applicant as the site of th and necessary therefor. Applicant agrees not to removf property from the site. In the event Applicant fails to perform any obli hereunder, Applicant agrees to pay all costs and expenses in by City in securing performance of such obligations, inc cost of suit and reasonable attorney's fee. 9. ApDlicant Not Asent of City Neither Applicant n of Applicant's agents or contractors are or shall be conside be agents of the City in connection with the performar 7 REVW 0 0 . .. , .. Applicant's obligations under this agreement. 10. Indemnitv/Hold Harmless Neither the City nc officer, agent or employee thereof shall be liable for any to persons or property occasioned by reason of the ac omissions of Applicant, or ts or employees, performance of this agreement. and hold harmless City, its all claims, emands, causes sort, because of, or ari Applicant, its agents or employees in the performance o agreement, including all claims, demands, causes of a liability, or loss because of or arising out of, in whole part, the design or construction of the grading and e control work: provided however, that the approved gradii erosion control security shall not be required to COV~ provisions of this paragraph. Said indemnification and agr to defend and hold harmless shall extend to injuries to p and damages to or taking of property resul ng from the d construction or grading as provided herein, and in additi adjacent properties and improvements located thereon consequence of the diversion of waters from the desi construction of drainage systems, private streets, gradii other development improvements. Acceptance by the City 1 grading work shall not constitute an assumption by the City responsibility for any damage or taking covered by this para city shall not be responsible for the design or Construct the development or the grading work pursuant to the ap Grading Plans regardless of any action or inaction taken 8 RRTw 0 a . . :* .. ,. City in approving the plans, unless the particular grad3 erosion control design was specifically required by Cit written objection by Applicant submitted to the City E1 before approval of the particular grading and erosion ( design, which objection indi e particular grad erosion control design was d ctive and sugge alternative safe and feasi grading work, the Applicant s any defect in design or a design or grading but, if not in ownership of the property, not be responsible for routine mainte ce, Provisions c paragraph shall remain in full force and effect for ter following the acceptance by the City of grading work. It intent of this section that Applicant shall be responsible liability for design and construction of the grading and f control work done pursuant to this agreement and that Cit] not be liable for any act or omission in approving, rev: checking, or correcting any plans or specifications approving, reviewing or inspecting any work or grading. 11. Sale or Disposition of Development Sale or disposition of this property will not relieve Applicant f: obligations set forth herein. If owner sells the property portion of the property within the development to any person, the Applicant may request a novation of this agreem a substitution of security. Upon approval of the novati substitution of securities, the Applicant may request a re1 reduction of the securities required by this agreement. 1 in the novation shall relieve the Applicant of the oblic 9 miva .. .. 0 0 under Paragraph 10 for the work or improvement done by App: 12. Time is of the Essence Time is of the essence . agreement. 13. Time for Commencement of Work;Time Extensions Ap] f the grading and ( shall commence substantial co control work not later than the Gradin rmit as stated sts as determin of construction ended. The exten ineer. Any such extension may be granted without to the Applicant's Surety and shall in no way affect the vl of this agreement or release the surety on any bond given guarantee of performance of this agreement. such extension, the City Engineer may require Applicant to new security guaranteeing performance of this agreem extended in an increased amount as necessaryto compensate increase in construction cost as determined by the City En As a conditii 14. No Vestins of Rights. Performance by Applicant agreement shall not be construed to vest Applicant's rig respect to any change in any zoning or building law or ord 15- Notices. All notices required or provided fa. this agreement shall be in writing and delivered in person by mail, postage prepaid and addressed as provided j paragraph. Notice shall be effective on the date it is de in person, or, if mailed, on the date of deposit in the States Mail. Notices, security releases and refunds SI addressed as follows unless a written change of address i 10 REV1 "i-- I. a e with the City: Notice to City: City Engineer 2075 Las Palmas Drive Carlsbad, CA 92009-4859 Notice to Applicant: Greystone Homes, Inc. 495 E. Rincon Carona, CA 91719 American Motorists Insurance Comp; 7470 N. Figueroa St. Los Angeles, CA. 90041 Notice to Surety: 16. Severability. The provisions of this agreeme If any portion of this agreement is held inval: court of competent jurisdiction, the remainder of the agi shall remain in full force and effect unless amended or mc a1 consent of the parties- 17. Captions. The captions of this agreement a: convenience and reference only and shall not define, ex modify, limit, exemplify, or aid in the interpret construction or meaning of any provision of this agreement 18. Litisation or Arbitration. This agreement r enforced by litigation or arbitration at City's election that event, the prevailing party shall be entitled to cost reasonable attorney's fees in enforcing the terms 01 agreement. 19. Incorporation of Recitals. The Recitals tc agreement are hereby incorporated into the terms of agreement. 11 REVm 11 3.. 1 ... 20. Entire Asreement. This agreement constitutes the agreement of the parties with respect to the subject matte] modifications, amendments, or waivers of the terms 0: agreement must be in writing and signed by the appropriate CITY OF CARLSBAD a munic corporation of the Statc ROBERT ws GARCIN, SECRETARY (print name here) PETER KIESECKER, Y ICE PRESIDENT (print name here) (title and organization of of execution by APPLICANT 1 (President or vice-president and secretary or assistant sec must sign for corporations. If only one officer sign: corporation must attach a resolution certified by the secrei assistant secretary under corporate seal empowering that c to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney 12 REvm il State of California 1 County of Los Angeles ) On June 19, 1996, before me Sandra K. Mantik, Notary Public in and for said State, personally appeared Robert W. Garcin personally known to me, or proved to me on the basis of satisfactory evidence within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the within instrument. WITNESS my hand and official seal to be the person whose name is subscribed to the 1 IC THIS CERTIFICATE Title or Type of Document CAPACITY CLAIMED BY SIGNER: Individuals -- x Corporate Officer Vice President Partners Corporation as a Partner Other SIGNER IS REPRESENTING: Greystone Homes, Inc. wc @W MUST BE ATTACHED TO THE DOCUMENT DESCFUBED AT RIGHT Number of Pages 1% e- Signer(s) Other than Named Above Other Info State of California 1 County of Los Angeles 1 On June 24,1996, before me Sandra K, Mantik, Notary Public in and for said State, personally appeared Peter Kiesecker personally known to me, or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the within instrument. WITNESS my hand and official seal LdL b THIS CERTIFICATE Title or Type of Document CAPACITY CLAIMED BY SIGNER: Individuals - - x -. Corporate Officer Vice President ~. Partners ~- Corporation as a Partner Other SIGNER IS REPRESENTING: Greystone Homes, Inc. MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT Number of Pages Signer(s) Other than Named Above Other Info Date of Document ,. * 0 PRELIMINARY COST ESTIMATE FOR BONDING PURPOSES PARK VIEW WEST CARLSBAD TRACT# 85-15 CITY OF CARLSBAD ............................................................... COST SUMMARY -------------- TOTAL GRADING....................,,.......... $591,277 TOTAL EROSION CONTROL...................... $104,432 - - - - - - - - - - - - GRAND T 0 T A L................... $695,709 ------------ ---_________ 336,358 1,032, 067 5mnv I I 032,- cWjM - 72, - 9bu,m HUNSAKER & ASSOCIATES, INC 10179 Huennekens Street San Diego, Ca 92121 Tel: (619) 558-4500 Revised: December, 8, 199: Prepared by: Terry Allbritain Revised: November 20, 199: W.O.#1431-19 {parkvwg) Date: September 28, 19I EXHIBIT 'A'' 5Hl. 1 OF 3 e 4B .- '. .* PRELIMINARY COST ESTIMATE FOR BOND'TNG PURPOSES PARK VIEW WEST CARLSBAD TRACT# 85-15 CITY OF CARLSBAD ................................................................ UNIT ITEM QUANTITY PRICE TOTAL GRADING ---- -------- ----- ------------ -------- MASS EXCAVATION 164,380 CY@$ 2.60 = $427,388 DRAINAGE DITCH (D-75) 1,040 LF@$ 13.00 = $13 , 520 6" CANYON SUBDRAIN 2,432 LF@$ 15.00 = $36,480 8" CANYON SUBDRAIN 840 LF@$ 16.00 = $13 , 440 REMOVE STORM DRAIN 150 LF@$ 15.00 = $2 , 250 12" PRIVATE DRAIN 464 LF@$ 34.00 = $15,776 REMOVE "V" DITCH 600 LF@$ 3.50 = $2 / 100 BROOKS BOX 2 EA@$ 1,600 = $3,200 SUB-TOTAL GRADING $514,154 CONTINGENCY (15%) $77 I 123 TOTAL GRADING $591,277 ------------ ------------ EROSION CONTROL .......................... GRAVEL BAGS 4,880 EA@$ 2.50 = $12 , 200 SILT FENCE 6,640 LF@$ 7.50 = $49 I 800 CONSTRUCTION ENTRANCE 1,000 SF$@ 0.50 = $500 SLOPE HYDROSEED 283,100 SF@$ 0.10 = $28 , 310 SUB-TOTAL $90,810 CONTINGENCY (15%) $13 , 622 TOTAL EROSION CONTROL $104,432 ------------ ------_----- ExH7617 "4 " sLtT z 0~:3 .. 1 1 -r ". Q Q PROJECT: Park View West, Carlsbad Tract No. C.T. 85-15 CALCULATED BY: John Howard, Gillespie Design Group, (61 9) 558-8977 LANDSCAPING COST ESTIMATE FOR BONDING OF IMPROVEMENTS DATE: 1 I319 f%-cG?7q Soil preparation - S.F. @ $ 0.10 Palms - 5 Gal. 72 EA. @ $ 16.50 $ 1,188.0( Palms - 15 Gal 6 EA. @ $ 80.00 48o.oc Automatic irrigation 281,760 SF. @ $ 0.45 126,792.0f 5.35 17,499.85 14.00 2,422.0C 1 Gal. Shrub 3,271 EA. @ $ 5 Gal. Shrub 173 EA. @ $ 5 Gal Vines - EA. @ $ 16.00 15 Gal Espaliers - EA. @$ 58.00 5 Gal. Tree 38 EA. @ $ 20.00 760.0C 15 Gal. Tree 338 EA. @ $ 75.00 25,350.00 24 inch Box Tree 58 EA. @ $ 225.00 13,050.00 36 inch Box Tree - EA. C2 $ 550 .OO Hydroseeded Slopes 288,160 S.F. @ $ 0.10 28,816.00 Ground cover (hand planted) @ 12" O.C. 210 S.F. @ $ 0.25 52.50 Ground cover (slope planting) 281,760 S.F. @ $ 0.25 70,440.00 Sodded Turf - S.F. @ $ 0.1 1 60 day maintenance 281,760 S.F. @ $ 0.02 5,635.20 TOTAL $ 292,485.55 CON7-m. isk 43,57z.s5 B 'rfig17 2 " +ZYT 3 OF 3 T VALID UNLESS VALIDATED BY Y "0". , A ~cn..p Lumrd5lb 'iHISSINEORM RECORXNG REQUZSTED BY: City Clerk City of Carlsbad AND WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 37gi 08-fl&Y-P996 12 : ShH DIEGO f.DUHf'i' REZORDER'S E @;[f@y ';[ITI! 9 rnCllil';Y Rm a%$ UFflCIFlL RECUF$S ' vp, 921 tLL5Q I 0 0 -& 1 RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: 1 City Clerk ) 922 CITY OF CARLSBAD 1 1200 Carlsbad Village Drive ) Carlsbad, CA 92008 1 SPACE ABOVETHIS LINE FOR RECORDER'S US Parcel Nos. 264-010- 21,22, 23 & 25 PETITION, WAIVER AND CONSENT TO CREATION OF A COMMUNITY FACILITIES DISTRICT AND AGREEMENT TO PAY FAIR SHARE CT 85-15 PARK VIEW WEST WHEREAS, the undersigned Property Owner at this time is processi for development within the City of Carlsbad (hereinafter referred to as "Cit a development project known and identified as Tentative Tract Map CT 85- (hereinafter referred to as the "Project"); and, WHEREAS, The legal description for project is shown on Attachmei "B" attached hereto; and, WHEREAS, City has determined this Project to be located within th boundaries of a proposed Community Facilities District known as Commur Facilities District No. 2 - Rancho Santa Fe and Olivenhain Road (hereina referred to as llDistrictil): and, WHEREAS, District is intended to be formed to finance thi improvements generally described in Section 1 herein; and, WHEREAS, Property Owner desires to proceed with processing prio the formation of District: and, I1 I1 .i . ' * 0 923 WHEREAS, the Local Facilities Management Plan for Zone 11 requirt the guarantee of construction of the segments of Rancho Santa Fe Road ar Olivenhain Road described in Section 1 herein prior to the recordation of ai final maps or the issuance of building permits within the zone; and, WHEREAS, Condition No. 9,59 and 69 of Tentative Trace Map CT 85-' (as amended by council resolution No. 81 68, 9/10/85) ("Conditions") requi that the Property Owner provide for the construction of certain pub1 improvements including sections of Rancho Santa Fe Road and Olivenha Road; and, WHEREAS, compliance with the applicable Local Facilities Manageme Plans for Zone 11 and tentative map conditions is a condition of approval fc the final map for the Project; and WHEREAS, the city and Property Owner desire to agree to an alterna method of financing the improvements described in Section 1 herein that w allow Property Owner to discharge its fair share obligation for sal improvements in lieu of participation in Distinct; and WHEREAS, the City Council agrees that Property Owner, upon enterir into this agreement and upon payment of the fair share described herein, hc met the requirement set forth in the Local Facilities Management Plan for LOC Facilities Zone 1 1, and related Conditions to provide a financial guarantee fc the construction of those improvements described in Section 1 below; and, WHEREAS, Property Owner voluntarily enters into this agreement; anc WHEREAS, the City Council has determined that due to the size of th proposed development, there will be no major impact on the circulation systei at the present time if development of the Project is allowed to proceed wii 7 924 0 0 sufficient financial guarantees for future construction of Property Owner's fi share of the circulation improvements; NOW, THEREFORE, in consideration of proceeding with the processii of Project, the undersigned Property Owner hereby agrees and certifies to tl following: 1. Property Owner hereby petitions the City for the initiation proceedings for the formation of District which will cause the construction ai installation and/or financing of the following improvements which are genera described as follows: a) Rancho Santa Fe Road North Phase 1 (RSF No. 1) Costa Avenue to east of Mahr Reservoir b) Olivenhain Road Widenincr, and intersection improvemer at Olivenhain and El Camino Real c) Rancho Santa Fe Road North Phase 2 (RSF No. 2) Pha 1 End of Melrose Drive d) Rancho Santa Fe Road South (RSF So.) (Assum Secondarv Arterial - Encinitas City Boundarv to Olivenhain Road F Improvements) 2. The cost of construction, engineering, legal and other inciden expenses will be funded by the District. 3. Property Owner acknowledges its right to notice of a participation in all phases of formation under the "Mello-Roos Commur Facilities Act of 1982," expressly waives the proceedings required and limitations contained in Title 5, Division 2, Chapter 2.5 of the Califori Government code and nonetheless with full knowledge of such righ 0 e 925 completely and forever waives such rights. Specifically, Property owner herel consents to the proceedings and waives any right to protest the formation the District and the ordering of the improvements under applicable Califorr Statutes and consents to and supports formation of said District. The C shall exclude Property Owner from the District boundary map if, prior to t adoption of a Resolution of Intention by the City Council to form said Distric Property Owner has entered into this agreement and has paid to the city amounts due as described herein. 4. a) Property Owner agrees to pay to City its fair share for tl improvements described in Paragraph 1. b) Said payment shall be made in the manner described Attachment "A Rate and Method for Determining Fair Share Obliclatic Rancho Santa Fe and Olivenhain Road, which is incorporated herein t reference. c) The amount of Property Owner's fair share will I: conclusively determined by the City Council in the manner described Attachment "A' attached hereto. d) Payment by Property Owner of its fair share of improvement costs as determined by City Council and set forth herein v1 satisfy its obligations for the construction of the improvements described Paragraph 1, as required by the Local Facilities Management Plan for Zone ' and related Conditions, subject to adjustment as described in Paragraph 9. Alternatively, if the District is formed and Project is include within it, Property Owner's obligations to pay its fair share pursuant to tt- agreement shall be satisfied upon payment of all taxes imposed, establish€ e) 926 a a and payable to said District. 5. Property Owner acknowledges that this agreement to pay its f' share and participate in the financing of improvements is voluntary and tk without this agreement Property Owner would be precluded from obtainii final map approvals or building and other development permits under t provisions of the General Plan, Chapter 21.90 of the Carlsbad Municipal Cod applicable zone plan, financing plans and related documents until satisfactory financing program had been developed to fund the constructic of the improvements described in Section 1. 6. Property Owner hereby waives his right to challenge the amoui establishment or imposition of said fair share and further waives any rights pay said fair share under protest. 7. This agreement does not affect, in any way whatsoever, tt obligation of Property Owner to pay any other fees or assessments associatc with Property Owner's development. Nor does this agreement relieve Proper Owner from providing other public facilities required under conditions of tl Local Facilities Management Plan for Zone 11 or placed upon tentative mz CT 85-15 by the City. 8. Property Owner agrees that payment of its fair share is not a fr and waives any and all rights to notice of or challenges to the establishme or imposition of said fair share as a fee under provisions of Government COC sections 66000 et seq., or any successor or related statutes. 9. a) If the District is formed subsequent to the payment k Property Owner of the fair share pursuant to this agreement. Property Owner financial obligation shall be recalculated using the taxing formula establish€ 0 e 9 2’7 for the District. If that obligation is different from the amount previously pa by Property Owner to City, City shall refund any excess, or Property Owner v pay to City any additional amount due (Shortfall). b) Any refund shall be made from funds available witk District upon District formation and shall not be an obligation of City’s Genei Fund or other revenue sources. c) In the event that insufficient funds are available fro District’s resources, Property owners shall be reimbursed in the order in whic funds were deposited with City as soon as sufficient funds become availabl as determined by the city Council, through the payment of onetime taxes annual undeveloped land taxes to the District, The City is not required establish an undeveloped land tax within the District to provide such refunc d) No reimbursement is required until the City Coun determines that sufficient funds area available. Any refund to Property Own shall not include interest. e) If a shortfall exists, Property Owner shall be notified of tl amount of such Shortfall by the finance Director via certified mail. The amou of said Shortfall shall be due and payable to City thirty (30) days after tt mailing of such notice. 9 The computation of the amount of any Shortfall shall n include interest charges. g) If no payment of the Shortfall is made by Property Own( within thirty (30) days of notice of said Shortfall by the Finance Director, Ci may deny the issuance of building permits and/or take any other actic allowed by law to deny further development of property subject to th e e 928 agreement and to collect such Shortfall including, but not limited to, a lien ( the property. City's recordation of a lien shall not affect its ability to recob the Shorffall by other legal means concurrently, but no double recovery will I allowed. The cost of such collection shall be an obligation of Property Owr and shall be added to the amount of the Shortfall payment due City. h) Any payment received by the City under this agreeme shall be deposited in a special fund and may only be used to fund tl construction of the facilities described herein. Upon the formation of a CF to fund these same facilities any amount remaining in the special fund may I transferred to the CFD fund, at the discretion of the Finance Director. 10. If the District has not been formed for any reason by January 1999, the amounts payable by Property Owner under this agreement sh: represent Property Owner's fair share cost for provision of those facilitic described in Paragraph 1 and no additional fee, assessment, or charge will k due from or reimbursement due to Property Owner, 11. Compliance with this agreement will be accepted by City as i alternate to the method described in the current Local Facilities Managemei Plan for Zone 11 for financing the improvements described in Paragraph This agreement does not require City to issue building permits or othi development permits or grant approvals or relieve Property Owner of tk obligation to comply with all applicable provisions of law, including but nl limited to, Carlsbad Municipal Code Titles 18,19,20, and 21. 12. Compliance with the provisions of this agreement is a conditio of all future discretionary approvals for the Project. If Property Owner does nc comply with the provisions of this agreement, approval of the Project will nc ., 0 e 929 be consistent with the General Plan, the Growth Management Program, tk Local Facilities Management Plan or the applicable financing plan for Zone 1 and all subsequent discretionary approvals and permits for the Project shall t withheld by City. 13. In addition, the city will not approve any pending final map issue grading, building or other development permits or take any discretional action until the Property Owner has complied with the terms of this agreemei due to be satisfied at the time such approval is requested. 14. The City may, at its discretion, elect to pursue any remedy, leg or equitable against Property Owner and Property Owner‘s successors, heir assigns, and tranferees, with the exception of owners of individual lots of whic building permits have been issued, to secure compliance with this agreemen City shall not, nor shall any officer or employee of City, be liabl or responsible for any loss or damage incurred by Property Owner or an successor or assign of Property Owner, or by any occupant in Properl Owner’s buildings, as a result of the exercise of any remedies provided to Cii in this agreement. Property Owner agrees to indemnify City for any liabilitie incurred by City as a result of City’s exercise of these remedies. 15. 16. This agreement and the covenants contained herein shall b binding upon and inure to the benefit of the successors, heirs, assigns an transferees of Property Owner and City and shall run with the real property an create an equitable servitude upon the real property. 17. All notices provided for under this agreement shall be in writin! and shall be delivered in person or serve by certified mail postage prepaic Delivery of notice to Property owner shall be presumed to have been made 01 0 e 930 the date of mailing regardless of receipt by Property Owner. Notices requirt to be given to Property Owner shall be addressed as follows: Bill Allen West Coast Land fund L.P. 1999 Avenue of the Stars Suite 1200 Los Angeles, CA 90067 Notices to the City shall be delivered to the Finance Director, City Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA 92008. Each party shall notify the other immediately of any change that wou require any notice delivered hereunder to be directed to another party, 18. This agreement shall be recorded but shall not create a lien security interest in the property. 19. The undersigned further states, under penalty of perjury, that t is the owner of the property as described herein, or an authorized agent of tt owner, and has the authority to execute this document, including the bindir authorizations herein. Executed this Ls day of ?+- , 1996. CITY OF CARLSBAD, a municipal corporation of the State of California. ATTEST : NE NYGAARD 0 e 931 ., (Notarial acknowledgement of execution by PROPERTY OWNER must I attached .) (President or vice-president and secretary or assistant secretary must sign I corporations. If only one officer signs, the corporation must attach a resolutic certified by the secretary or assistant secretary under corporate s€ empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney 2 By: Assistant City @ y PROPERTY OWNER WEST COAST LAND FUND, L.P., a Delaware limited partnership, doing business in California as WCLF, L.P. By: West Coast Equity, L.P., a Delaware limited partnership, its general partner By: hL CITCG, L.P., a Delaware limited partnership, its general partner By: Colony Investment Partnership Ill-NLF, L.P., a Delaware limited partnership, its general partner By: Colony GP-NLF, L.P. a Delaware limited partnership its general partner By: Tobar - properties, ~nc. a Californi corporation, its gen;? ~ a By: Name: Kevin C. WlcTavlsh Title: Vice President * a 932 ! S.S. STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) On //-p{ i( B , 1996 before me, /him .&- kn, a Notary Public in 2nd for said state, personally appeared L/ to I: personallv known to me (1 the person whose name is subscribed to the within instrument and acknowledged tc me that he executed the same in his authorized capacity, and that by his signatureb on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I Kc,din c PGTabW f-' WITNESS my hand and official seal. Signature 0 AllACHMENT "A" 0 933 RATE AND METHOD FOR DETERMINING FAIR SHARE OBLIGATION RANCHO SANTA FE ROAD AND OLIVENHAIN ROAD The City Council shall use the following rate and method for determining tt- fair share obligation for funding the construction of Rancho Santa Fe Road an Olivenhain road due from property conditioned to participate in the financin of these facilities. This calculation is done as part of an agreement title PETITION, WAIVER AND CONSENT TO CREATION OF A COMMUNI1 FACILITIES DISTRICT AND AGREEMENT TO PAY FAIR SHARE (Agreemen which has been voluntarily entered into by the City of Carlsbad and certa property owners wishing to proceed with the development of their property is the City and property owners intent to form CFD No. 2 to provide fundin for those improvements described within the above referenced agreement. The following rate and method shall be used to determine the fair share an amount due from any property owner wishing to take advantage of thi alternate funding mechanism. Basis for Cost Allocation The basis for allocation of costs to property conditioned with the financing c the improvements described in the Agreement shall be the Equivalent Dwellinl Unit (EDU) which is defined as follows for residential developments: advance of the creation of Community Facilities District No. 2 (CFD No. 2). Residential EDU Allocation Single Family - Detached Units 1.0 EDU Single Family - Attached Units 0.8 EDU Multi Family Units 0.6 EDU The number of each type of unit included in a development shall bc determined by the City Engineer based on the most recent final map submittet to the City for approval. The EDU determination for non-residential development shall be made by thc City Engineer when such a determination is requested by the property owner The City Engineer may request additional information from any property ownel as may be necessary to make his determination. The City Engineer is no required to make a determination on the number of EDUs for any project unti adequate information is available. e e4 -3 The City Engineer’s determination shall be submitted to the City Council in tk staff report accompanying the Agreement. The City Council shall make tk final determination of the number of EDUs to be used in computing the fi share obligation for any project. Fair Share Amount and Method of Pavment The City shall collect $13,290 for each EDU as determined by the City Counc This amount shall be collected in two separate payments, $10,250 per EDU 1 be paid as described below, and $3,040 per EDU at the time a building perrr is issued. The manner of payment is more fully described below. The Property Owner shall pay their fair share to the City of Carlsbad in tt following manner. 1) a) Because the Property Owner may, at his/her discretion, divia the Project into phases, requiring the approval of multiple fin; maps, the Property Owner shall, upon execution of thi agreement, provide the City with a Letter of Credit from financial institution acceptable to the Finance Director, for th amount shown on the table below, less any amount paid undc the agreement. Following execution of the Agreement to Pay Fair Share, an prior to the approval of a final map by the City Council, th Property Owner shall pay to the City an amount equal to th number of EDUs included in said final map, as determined b subject final map. If the City Council determines that the Cit Engineer’s calculation of the number of EDUs included on th final map is in error, the Council shall direct the City Engineer to amend his calculation and direct staff to bring the final map back for approval whe such correction has been made. The Property Owner shall retai the right to phase the approval of final maps as allowed by thc City Engineer, and shall only be required to pay the obligation fo those units receiving final approval. b) the City Engineer, times $10,250 for all units included on th c) The Property Owner shall pay the amounts due for eacl successive phase prior to the approval of each final map. Thl Finance Director may authorize a reduction in the amount of thc Letter of Credit following such subsequent payments. e 935 Computation of Fair Share Obligation Park View West Ct 85-15 * .e.*. 2) owners shall pay to the City an amount equal to the number of EDUs included on such building permit, as determined by the City Engineer, time $3,040. Prior to the issuance of a building permit by the City the property 3) a) If the Property Owner has already obtained a final map for units conditioned with the financing of Rancho Santa Fe and Olivenhain road, the Property Owner shall pay to the City the amount equal to $10,250 times the number of EDUs included on such final map as determined by the City Council prior to entering into this agreement. Prior to the issuance of a building permit by the City the Property Owner shall pay to the City an amount equal to the number of EDUs included on such building permit, as determined by the City Engineer, times $3,040. b) 4) The City Engineer shall prepare a report detailing the calculation of the number of EDUs associated with this agreement. Said report shall be made available to the City Council and Property Owner for review. e ATTACHMENT "B" * _I ..I" 936 LEGAL DESCRIPTION PARCEL 1 OF PARCEL MAP NO. 13524, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 25, 1984, AS FILE NO. 84-403293 OF OFFICIAL RECORDS.