HomeMy WebLinkAbout1993-04-06; City Council; 12140; REQUEST FOR AN EXTENSION OF TIME FOR THE TENTATIVE MAP FOR CARLSBAD TRACT 85-15, PARKVIEW WESTr
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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
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C.F.D. No. 1
PARKVIEW WEST
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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
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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:
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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'
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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.
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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
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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
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-- RESOLUTION NO. 8168
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A 133 LOT
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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
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finding:
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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
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traffic from these projects and that in the absence of construction of Rancho Santa Fe Road these projects could approved." I? I
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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 -
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"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
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"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." ...
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PASSED, APPROVED, AND ADOPTED at a regular meetin
California on the 101
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City Council of the City of Carlsbad,
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ABSENT: L'bnf?
11 ATTEST:
SoZa >>a Gk<k
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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.
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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:
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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-
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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.
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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
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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-
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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.
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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
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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-
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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
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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:
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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-
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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?
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PC RES0 NO. 2459 -1 0-
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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
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PC RES0 NO. 2459 -1 1-
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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
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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.
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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
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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.
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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
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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
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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
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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
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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
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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--
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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
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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
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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
------------
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ExH7617 "4 " sLtT z 0~:3
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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
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UFflCIFlL RECUF$S '
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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.