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HomeMy WebLinkAbout1993-06-22; City Council; 12278; Tierra Santa Fe/v& CI”Y OF CARLSBAD - AGE’-=TA BILL yf 1 AB # -- I, /a, !k%. I TIT;E:REQUEST FOR AN EXTENSION OF TIME .VA nlu. w-/z-J3 FOR THE TENTATIVE MAP FOR CARLSBAD TRACT 90-04, TIERRA SANTA FE --I- ENG . Jtrl DEPf?- CITY ATT J? -.I., .I*. RECOMMENDED ACTION: Adopt Resolution No. 01 n- 18 s granting a one year extension of time for the tentative map for Carlsbad Tract 90-04, Tierra Santa Fe. ITEM EXPLANATION: Resolution Trust Corporation (RTC) as conservator of Great American Federal Savings Association have requested an extension of time for Carlsbad Tract 90-04, Tierra Santa Fe, a 11 1 single family unit project. The project is located in Local Facilities Management Plan (LFMP) Zone 11, north of Calle Barcelona approximately 0.5 miles east of Ranch0 Santa Fe Road. The tentative map was originally approved on June 4, 1991 in accordance with City Council Resolution 91-l 62. Since that time the property was acquired by the RTC through legal foreclosure proceedings and they are currently in the process of attempting to sell the property. Currently the final map cannot record until a guaranteed funding source is secured for the facilities specified in LFMP 11. During the previous three years the affected property owners have pursued formation of Assessment District No. 91-01 for the specified LFMP facilities. As stated in the applicants tentative map extension request letter, the extension of time is necessary to allow sufficient time for Assessment District formation and sale of the property with all entitlements intact. Staff concurs with the applicant that the previously stated delays, i.e. change of ownership and Assessment District 9 1-O 1 formation did delay the process so that requirements for obtaining a final map could not be met. Therefore, staff is recommending that the requested tentative map extension be granted. The applicant has executed an Agreement for Waiver of Prohibitions Against the Imposition of Conditions which is on file in the Engineering Department. The original conditions of approval of Planning Commission Resolution 3148 and City Council Resolution 91-162 are still applicable to the project; however, Engineering Condition No. 51 and Planning Condition Nos. 5 and 30 have been revised as follows: Revised Condition No. 5 This condition states that the applicant shall pay a public facilities fee (PFF). Revised Condition No. 30 This condition states that sound attenuation walls shall be provided on various lots. Revised Condition No. 51 This condition states that direct access rights shall be waived for various lots abutting certain roadways. To stay in conformance with the General Plan, current City Ordinances and Standards, 10 new conditions have been added to the project, as included in the Resolution for this tentative map extension. A summary explanation of these new conditions is as follows: . I 1 PAGE TWO OF AGENDA BILL NO. / 2,2- 3 % Condition A Conditions B & C Conditions D & E Condition F Condition G Condition H Condition I Condition J This condition holds the City harmless against any potential claim brought against the City. These conditions state that the applicant shall comply with the requirements of the National Pollutant Discharge Elimination Systems Permit. These two conditions state that the applicant shall pay all current fees and deposits including a one-time special development tax. This condition states that the current ownership at time of development shall be shown on the conforming tentative map. This condition states that the typical street sections on the conforming tentative map shall be changed to reflect current City standards. This condition involves specific water district requirements regarding water service to the project. This condition states that sight distance corridors shall be maintained throughout the project. This condition involves meeting the City’s affordable housing requirements. FISCAL IMPACT: No detailed economic analysis of this development was conducted. While increased operating expenses related to this development can be expected, these increases should be offset by increased tax/fee revenues; however, an exact percentage of offset was not calculated. GROWTH MANAGEMENT STATUS Facilities Zone Local Facilities Management Plan Growth Control Point 11 11 3.2 Net Density Special Facilities; - 3.2 I - C.F.D. No. 1 _- PAGE THREE OF AGWDA f&LL NO.& xq 8 EXHIBITS: 1. Location Map. 2. Resolution No. 173 W/82- granting a one year extension of time for the tentative map for CT 90-04, Tierra Santa Fe, with previous plus additional conditions of approval included therein. 3. Letter requesting extension. 4. City Council Resolution 9 l-l 62. Planning Commission Resolution 3 148. LOCATION MAP nts ’ / I v I I + + P + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + CALLE c i 6 LOCATION: CT 90-04, TIERRA SANTA FE EXHIBIT TENTATIVE MAP EXTENSION 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 - RESOLUTION NO. 93-l 82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN EXTENSION OF TIME FOR TENTATIVE MAP NO. CT 90-04fllERRA SANTA FE SUBJECT TO CERTAIN CONDlTIONS. WHEREAS, the City Council of the City of Carlsbad on, June 4,1991, adopted Resolution No. 91-l 62 approving with conditions Tentative Map No. CT 90-04; and WHEREAS, the applicant is diligently pursuing those acts required to obtain a final map; and WHEREAS, the project can be found to be in conformance with the General Plan, current City ordinances and current City policies with the imposition of additional conditions; and WHEREAS, the applicant has consented to the imposition of such conditions and has agreed to comply with them; and WHEREAS, both the applicant and the City wish to extend the map subject to and relying upon the additional conditions. NOW, THEREFORE BE lT RESOLVED by the City Council of the City of Carlsbad, California as follows: II 1. That the above recitations are true and correct. 2. That with additional conditions contained herein the design and improvements of the subdivision are consistent with the General Plan, Titles 20 and 21 of the City of Carlsbad Municipal Code, and any public facility or development policies in existence at this time. 3. That Tentative Map No. CT 90-04 is hereby extended for one year until June 4, 1994, subject to all of the conditions contained in Exhibit 4 previously adopted on June 4, 1991 as the conditions of approval for this project and attached hereto and the following revised/additional conditions: 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 Revised Conditions 5. This project is also approved under the express condition that the applicant pay the public facilities fee adopted by the City Council on July 2, 1991 and as amended from time to time, and any development fees ‘established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system of facilities and improvement plan and to fulfil1 the subdivider’s agreement to pay the public facilities fee dated February 25, 1993, a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid this application will not be consistent with the General Plan and approval for this project will be void. 30. Solid masonry sound attenuation walls to a maximum of 6’ shall be provided on Lots 1, 17, 18, 20, 35, 38, 39, 88, 77, 78, 79, 80, 110, 111 and to a maximum of 7’ on Lot 34 as shown in the noise analysis, report No. 90-86, dated March 27, 1990. The design of the sound attenuation walls and solid masonry privacy walls on corner lots shall be reviewed and approved by the Planning Director and City Engineer as shown on the grading plan and landscape and irrigation plan prior to issuance of the grading permit. 51. Direct access rights for all lots abutting Calle Barcelona, Calle Acervo and Camino de Los Caches, as well as the additional following lots, shall be waived on the final map. 0 Lot 19 into Sitio Tordo 0 Lot 13 into Corte Sicomoro 0 Lot 72 into Avenida Miguel 0 Lots 75 and 81 into Sitio Arbolito 0 Lots 21, 87, 94 and 95 into Calle Colinas 0 Lots 36 and 43 into Avenida Nieve Additional Conditions A. The applicant shall defend, indemnify and hold harmless the City and its agents, officers, and employees from any claim, action or proceeding against the City or its agents, officers, or employees to attack, set aside, void or null an approval of the City, the Planning Commission or City Engineer which has been brought against the City within the time period provided by Section 68499.37 of the Subdivision Map Act. B. The applicant shall comply with the requirements of the National Pollutant Discharge Elimination Systems (NPDES) permit. The applicant shall provide best management practices to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be approved by the City Engineer prior to approval of the final map, issuance of grading or building permit, whichever occurs first. 2 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 The subdivider shall provide for meeting additional NPDES requirements by recording in the CC&R’s the following: i. “An ongoing program to remove dirt, litter and other debris from the surface of private streets and common recreational areas by means of street sweeping and other means shall be established and enforced.” ii. ‘The Homeowner’s Association shall coordinate the use of the City’s established program to assist residents with the removal and proper disposal of toxic and hazardous waste products.” . . . III. ‘Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives and other such fluids shall not be discharged into any street, public or private, or into storm drain or stormwater conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other chemical treatments shall meet Federal, State, County, and City requirements as prescribed in their respective containers.” Prior to final map approval the applicant shall pay all current fees and deposits required. The following note shall be placed on the Final Map. “Prior to issuance of a building permit for any buildable lot within the subdivision, the property owner shall pay a one-time special development tax in accordance with the City Council Resolution No. 91-39”. Current ownership shall be shown on the conforming tentative map prior to final map approval. The typical street sections shall be changed on Sheets 1 and 2 of the conforming tentative map to delete the requirement for aggregate base under sidewalks, unless specifically required by the soils engineer, as well as, the aggregate base under the curb and gutter shall be extended a minimum of 6 inches per the current standard drawings, prior to final map approval. The developer’s engineer shall schedule a meeting with the Olivenhain Municipal Water District Engineer for review, comment and approval of the preliminary system layout usage (G.P.M. - EDU) plan for potable water systems prior to the preparation of improvement plans. The subdivider shall provide for sight distance corridors at all street intersections in accordance with Engineering Standards and shall record in the CC&R’s the statement. 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 “No structure, fence wall, tree, shrub, sign or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a sight distance corridor on the final map. The underlying property owner shall maintain this condition.” J. The applicant shall pay a housing impact fee as required by the City Council prior to the issuance of building permits. 4. That the Agreement for Waiver of Prohibition Against the Imposition of Conditions upon the Approval of an Extension of a Tentative Subdivision ‘Map between Resolution Trust Corporation and the City of Carlsbad signed by Resolution Trust Corporation on May 13, 1993, on file in the office of the City Clerk is approved, and the Mayor is authorized to execute said agreement on behalf of the City. 5. That this extension is approved in reliance upon said agreement. Any legal challenge to or failure to perform said agreement or the conditions of this resolution shall render this approval void and the map shall not be final. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 22nd day of JUNE , 1993, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila NOES: None ‘II ABSENT: None AT-TEST: ALETHA L. RAUTENKRANZ, City Clerfi (SW 4 -._- . I Great American Asset Management Company 600 B Street l San Diego, California 92183 l (619) 231-6333 l FAX (619) 231-4049 April 2, 1993 RECEIVED “ Mr. Lloyd Hubbs, City Engineer City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 CERTIFIED MAIL RE: TIERRA SANFA FE, TM CT 90-4 Tentative Map Extension Request Dear Mr. Hubbs: Please be advised that the Resolution Trust Corporation as Conservator of Great American Federal Savings Association, formerly known as Great American First Savings Bank, acquired title to the above referenced property through legal foreclosure proceedings via trustee's sale on April 10, 1992. Absent the assessment district issues associated with Tierra Santa Fe's inclusion in Zone 11, the Resolution Trust Corporation is not in a position,to proceed with development. The Resolution Trust Corporation is charged with selling its portfolio properties as quickly as possible with the least expenditure of taxpayers funds and has, therefore, included this property in a structured sales transaction expected to consummate by mid-year. So as not to lose entitlements which will result in a diminution of value, we are requesting herein that you extend the tentative mapI currently expiring June 4, 1993, for a period of one year. We are enclosing our check for the extension fee in the amount,.of $4,512.50. For the purpose of making proper disclosure to the proposed purchaser, we ask that you provide us with confirmation of acceptance/rejection of this extension request. Thank YOU for your cooperation in this matter and please contact the undersigned if you have any questions. Very truly yours, deral Savings Association with the Resolution Trust Corporation Vice President/Asset Manager (619) 622-5904 encl: cc: Michael Holzmiller, Planning Director Bob Koering File: Asset No: 3089 EXHIBIT 3 . - . 1 ii *! 3 ,/ 4 :j 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 28 27 28 RESOLUTION NO. 91-162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A NEGATIVE DECLARATION, HILLSIDE DEVELOPMENT PERMIT, AND TENTATIVE SUBDIVISION MAP FOR A 111 UNIT PROJECT ON 35.6 ACRES OF PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF CAMINO DE LAS COCHES AND CALLE ACERVO WEST OF CALLE BARCELONA APPLICANT: TIERRA SANTA FE CASE NO: CT 90-4/HDP 89-50 WHEREAS, on February 6, 1991 the Carlsbad Planning i commission held a duly noticed public hearing to consider a proposed Negative Declaration, Tentative Subdivision Map CT go-4 and Hillside Development,Permit HDP 89-50 for a 111 unit project I and adopted Resolutions Nos. 3147, 3148 and 3149 respectively, recommending to the City Council that the Negative Declaration, Tentative Subdivision Map CT-90-4, and Hillside Development Permit HDP 89-50 be approved; and I / WHEREAS, the City Council of the City of Carlsbad, on May ' 14, 1991 held a public hearing to consider the recommendations and / heard all persons interested in or opposed to CT 90-4/HDP 89-50; and WHEREAS, a Negative Declaration was issued on August 30, 1990 and submitted to the State Clearinghouse for a 30 day review period. All comments received from that review period are fully incorporated into the conditions cf approval for the tentative map and other project approvals. These conditions will be reviewed through a monitoring program set up for the project and the Council is satisfied that the project is in full compliance with the California Environmental Quality Act and the Carlsbad Environmental I Protection Ordinance, /I/ EXHIBIT 4 i I I 1 1 / 2 1 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 NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the negative declaration on the above referenced project is approved and that the findings of the Planning commission contained in Resolution No. 3147 marked Exhibit A attached hereto and made a part hereof are the findings of the City Council. 3. That the tentative subdivision map for this project (CT 90-d) is approved and that the findings and conditions of the Planning commission contained in Resolution No. 3148 marked Exhibit B and attached hereto and made a part hereof are the findings and conditions of the City Council with the exception of Condition No. 65 which is amended to read as follows: "An open space easement shall be dedicated on the slope areas. The applicant shall fence and landscape the slopes to the satisfaction of the Planning Director. A homeowner's association with covenants, conditions and restrictions shall be established and be responsible for the preservation and maintenance of the open space slope areas. The CC&Rs and provisions for slope maintenance shall be accomplished,to the satisfaction of the Planning Director prior to final map approval." 4. Hillside Development Permit HDP 89-50 is approved and / 1 that the findings and conditions of the Planning Commission contained in Resolution No. 3149 marked Exhibit C and attached ' /// I /// I / /// /// /// //I /// 1' hereto and made a part hereof are the findings and conditions of ;I 2 I the City Council. !I 3 ,! PASSED, APPROVED AND ADOPTED at a Regular Meeting of the ( City Council of the City of Carlsbad on the 4th 4 day of June 5 6 7 a 9 10 11 12 0 18 19 20 21 22 23 24 25 26 27 28 1991, by the following vote, to wit: AYES: Council Member Lewis, Kulchin, Larson, and Nygaard NOES: None ABSENT: Council Member Stanton ATTEST: ALETHA L. RAtiT (SEAL) - -- , . 3 . 1 I . 11 21 :i 3 j PLANNING COMMISSION RESOLUTION NO. 3144 A RESOLUTION OF THE PLANNING COMMISSION OF THE Cm OF CARLSBAD, CALIFORNtA, RECOMMENDING APPROVAL FOR A 111 LOT SUBDMSION FOR SINGLE FAMILY HOMES ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF CAMINO DE LOS COCHES II , AND CALLE ACERVO, WEST OF CALLE BARCELONA. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 CASE NAME: TIERRA SANTA FE CASE NO.: CT 904 WHEREAS, a verified application for cenain properry to tit: Ii Parcels 3 and 4 of Parcel Map No. 13970; in the City of Carlsbad, County of San Diego, State of California fled in the office of the County Recorder of San Diego County September 25, 1985 as file no. 85-355261 of official records. has been filed with the City of Cklsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Tit13 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 6th day of February, 1991, hold a duly noticed public hearing as prescribed by law to consider said request; and / I WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) Tlut the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL, of CT 904, b+ on the following findings and subject ro the following conditions: ..* I . i/ Findings: A $1 !i 1. 2 ‘i 3 6 ii lo ,i 16 :: i, 17 j/ 18 j; 19 !i 8. 20 /I 21 ” 9. I! 22 j 23 24 The project is consistent with the City’s General Plan since the proposed densiF pi 3.2 du’s/acre is within the density range of 04 du’s/acre specified for the sire as indicated on the Land Use Element of the General Plan, and is at or below the growth control point of 3.2. The site is physically suitable for the type and density of the development since the : sire is adequate in size and shape to accommodate residential development at rhe density proposed. I The Planning Commission has, by inclusion of an appropriate condition to tks project, ensured building permits will not be issued for the project unless the Cir)l / I Engineer determines that sewer service is available, and building cannot occur within the projecr unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of rhe General Plan have been met insofar as they apply to sewer service for this project. School fees will be paid to ensure the availability of school facilities in the San Dieguito High School District and Encinitas Union Elementary School District Park-in&u fees are required as a condition of approval. AU necessary public improvements have been provided or will be required as conditions of approval. The applicant has agreed and is required by the inclusion of an appropriate 1 condition to pay a public facilities fee. Performance of that contract and payment j of the fee will enable this body to fmd that public facilities will be available I concurrent with need as requird by the Generai Plan. The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for single family development on the General PlUl. This project will not cause any significant environmental impacts and a Negative De&ration has been issued by the Planning Director on August 30, 1990 and mcommended for Approval by the Planning Commission on February 6, 1991. [n hconuncnding approval of this Negative Declaration the Planning Commission has considered the initial study, the staff analysis, all nzquired mitigation measures and any written comments received regarding the significant effects this project could have on the environment. I ’ PC RI30 NO. 3148 27 ’ !I 28 -2- I I 8 i1 /I ne applicant is by condition, required to pay any increase in public facility fee or new construction tax, or development fees, and has agreed to abide by Hny additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carisbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project is consistent with the City’s Growth Management Ordinance as it has been conditioned to comply with any requirement approved as pan of the Locai Facilities Management Plan for Zone 11. This project was subject to Chapter 21.95, of the Carlsbad Municipal Code (Hillside Ordinance) and meets all the requirements of that Chapter to ensure the sensitive treatment of the Ciry’s hillside resources. 9 jj Conditions: 10/i 1. 11 12 1’ I 13)j 2.. 14 i; 15 j/ 16 i’ 17 // 3* 18 ii 19 1; 4. ‘8 20 !/ I. 21 I; 22 ii . . . d . . . 24 25 /I /I . . . . . . Approval is granted for CT 904, as shown on Exhibit(s) “A” - I”, dated February 6, 1991, incorporated by ‘kference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. The developer shall provide the City with a reproducible 24” x 36”, mylar copy of the tract map as approved by the Planning Commission. The tract map shall reflect the conditions of approval by the City. The tract map copy shall be submitted :o the City Engineer prior to issuance of building petmits or improvement plan 1 submittal, whichever occurs first. A 500’ scale map of the subdivision shall be submitted to the Planning Director prior to the recordation of the final map. Said map shall show all lots and streets within and adjacent to the project. This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This note sh8ll be placed on the final map. 26 271 . PC PESO NO. 3148 . 28 ’ -3- 14 i; 15 // If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof, imposed by this approval or imposed by Iaw on / this project are challenged this approval shall be suspended as provided in j Government Code Section 65913.5. If any sucfi condition is determined to be invalid this approval shall be invalid unless the City Council determines that the 1 j 16 ;i project without the condition complies with ali requirements of law. I’ j! 10. 18./l I/ 19 h 20 21 22 23 24 25 26 27 28 This project ” also approved under the express condition that the applicant pay the I public facrhhes fee adopted by the City Council on July 28, 1987 and as amended j from time to time, and any development fees established by the City council : pursuant to Chapter 21.90 of the Carbbad Municipal Code or other ordinance 1 adopted to implement a growth management system or facilities and improvement j plan and to fulfill the subdivideis agreement to pay the public facilities fee dared 1 October 23, 1989, a copy of which is on file with the City Clerk and is incorporated / by this reference. If the fees are not paid this application will not be consistent with : the General Plan and approval for this project will be void. : I The applicant shall pay park-in-lieu fees to the City, prior to rhe approval of the fial map as required by Chapter 20.44 of the Carlsbad Municipal Code. / I I me applicant shall provide school fees to mitigate conditions of overcrowding as part of bd&g pennit application. These fees shall be based on the fee schedule ; ! in effect at the time of building permit application. This project shall comply 5th all conditions and mitigation required by the Zone 11 Local Facilities Management Plan approved by the City Council in February, 1 1988, incorporated herein and on file in the Planning Department and any future / amendments to the Plan made prior to the issuance of building permits. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. Approval of CT 904 is granted subject to the approval of HDP 89-50. The applicant shall provide the following note on the fina! map of the subdivision aad hal mylar of this develop‘ment submitted to the City: “Qupter 21.90 of the Carlsbad Munkipal Code establishes a Growth Management Contx~11 Point for each General Plan land u3c designation. Development cannot exceed the Growth Control Point except as provided by Chapter 21.90. The land use designation for this’development is RLM. The Growth Control Point for this designation is 3.2 dwelling units per nonconshned acre. PC RESO NO. 3148 4 - . . 1 I 11 1 2 I I ,’ 3 jj 13. 4 I1 6 1’ II 7j 15. I 8/ I 9; 16. I 10/i 17 11 12 131 18. II 14 151 I 19. 16 II 17 /I I: 20. l8 jj 19 ji 21’. 20 21 22 23 24 25 26 27 28 22. 23. 24. Parcels 255-031-22 & 23 were used to calculate the intensity of development under / the General Plan and Chapter 21.90. Subsequent redevelopment or resubditision i of any one of these parcels must also include parcels 255-031-22 & 23 under the General Plan and Chapter 21.90 of the Carlsbad Municipal Code.” : The applicant shall submit a Stret name list consistent with the City’s street name I ; p~tky subject to the Planning Director’s approval prior to final map approval. / All landscaped areas shall be maintained in a healthy and thriving condition, kee horn weeds, trash, and debris. The developer shall install street trees at the equivalent of a-foot inter.& along all public street frontages in conformance with City of Carl&ad standards. The trees shall be of a variety selected from the approved Street Tree List. Preliminary landscape plans shall be submitted. All landscape plans shall be, prepared to c~nforrn with the Landscape Guidelines Manual and submitted per the landscape plan check procedures on file in the Planning Department. _ Landscape plans shall be designed to minimize water use. Lawn and other zone 1 plants (see Landscape Guidelines Manual) shall be limited to areas of spcciai visual importance or high use. Mulches shall be used and irrigation equipment and design shall promote water conservation. Prior KO final occupancy, a letter from a California licensed landscape architect shall be submitted to the Planning Director certi@ing that all landscaping has been installed as shown on the approved landscape plans. I I AU herbicides shall be applied by applicators licensed by the State of California. The applicant shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carl&ad Municipal Code. The minim- shrub size shall be S gallons. ear 1s @on tree or larger shall be planted on each residential lot frontyard prior tooaupancydeachuIlit. hy signs propwd for this development shall at a minimum be designed in conformance with the ciqts Sign ordinance and shall require review and approval of the Planning Director pxior to installation of such SigIiS. PC PESO NO. 3148 -5 4 :j 26. 5 II I 6/ 27. 7 1, I 8 /I 28. :I ,;ii I 111 29* 121 131’ 16 I! 17 iI I 18 /; The project shall provide bus stop facilities at locations subject to the sarisfaction i of the North County Transit District. Said facilities shall at a minimum include a 1 bench, free from advertising, and a pole for the bus stop sign. The bench and pole I shall be designed in a manner so as to nor detract kom the basic architectural t theme of the project and said design shall be subject to the approvai of the Planning Director and North County Transit District. ; I The developer shall display a current Zoning and Land Use Map in the sales office I at all times, or suitable alternative to the satisfaction of the Planning Director. 1 I I AU sales maps that are distributed or made available to the public shall include but j not be limited to trails, future and existing schools, parks, and streets. I I As part of the plans submitted for building permit plan check, the applicant shall include. a reduced version of the approving resolution/resolutions on a 24” x 36” blueline drawing. Said blueline drawing(s) shall also include a copy of any applicable Coastal Development Permit and signed approved site plan. Prior to issuance of a gracfjng or building permit, whichever comes first, a soils report shall be prepared and submitted to the City of C&bad. If the soils report indicates the presence of potential fossil bearing material then a standard two phased program, on fle in the Planning Depattrnent, shall be undertaken to avoid possible significant impacts on pakontologicai resources under the direction of the Planning Department. Solid masonry sound attamatioa walls to a tmximum of 6’ shall be provided on lots 1,17, 18,20,3S, 38,39,68,77,78,79,80,110,111 and to a maxhm of 7’ on lot34asshownintbrtOOiSt~rCpOPl~,&tedMarch27,1990. The design of the sollpd attmuation walls and solid masonry phacywah on comer lots shallbcmricwcdaadapprwcdbyth?P~~arpriorto~issuanceof buildlngpamits. 19 !I 31. Buildingfloorplam,tlcMtioruaadmataialsahaspccificpartofthisapprovalas I 20 ii shown on (ExhiisYia “G” - 2”). 21ri Enpillca;np / 22 j/ 32* Unless a standard variance has been issued, nd variance from City Standards is authorized by virtue of approval of this tentative map. 23 33. 24 The developer shall comply with all the rules, regulations and design requiremenrs of the respective sewer and water agencies regard& services to the project. 25 ! 26 27 .I PC RESO NO. 3148 45 28 ’ - I 1. 3 I 1’ I! 34. 2 ‘! 35. 3 II 4 ji 5 I/ 36. 6ji II 7/ 8/ 9 j, 37. 10 1 111 , 38. 12/ 13 I/ 14;; 39. ji l5 /I ii 16 ;I I 17 Ii 40. 18 1; 19 /i 20 21 22 23 24 25 26 27 28 41. . . . . . . . . . The developer shall be responsible for coordination wirh S.DG.&E., Pacific j Telephone, and Cable TV authorities. ill concrete terrace drains shall be maintained by the homeowners association (if ’ on commonly owned properry) or the individual property owner (if on an individually owned lot). An appropriately worded statement cleariy identifying the I responsibility shall be placed in the CC&R’s j , Approval Of this tentative! tfaCt map Shall expire twenty-four (24) months from the date of City ~IXIC~.~ approti unless a final map is recorded. An extension may be / requested by the applicant. Said extension shall be approved or denied at rhe 1 discretion of the City Council. In approving an extension, the City Council may i impose new conditions and may revise existing conditions pursuant to Section 20.12.110(a)(2) Carlsbad Municipal Code. Prior to approval of the final map the developer shall enter into an agreement with the City to pay any drainage area fees established as a result of the forthcoming Master Drainage Plan Update. The owner of the subject property shall execute a’ hold harmless agreemenr regarding drainage across the adjacent property prior to approval of the fkal map for this project. The applicant shall agree to utilize reclaimed water, in Type I fom, on the subject property in all common areas as approved by the City Engineer. Reclaimed water, as defined in Section 1305(n) of the California Water Code, means water which, as a result of treatment of wastewater, is suitable for a direct beneficial use or controlled use that would not otherwise occur. Based upon a review of the proposed gxading and the grading quantities shown on the tentative map, a grading pexmit for this project is required. Prior to issuance of a building pclmit for the project, the applicant must submit and receive approval for grading plans in accordance with City codes and standards, be issued a grading petit and complete the grading work in Substantial confonnance with the approved grading plans. Th dcvclopa shall obtain a grading permit prior to the commencement of any cl&ring or grading of the site. PC RESO NO. 3148 -7. . ‘. l 1 2 3 4 5 6 7 8 9 10 11 12 13 I ,’ :’ 42. Ii ii :! 1; i’ /I !i ii ji jl ‘I , I 11 /I :I 11 II II , I 43. 44. 45. 141; 46, 15 jl 1611 I’ l7 II 47. 18 )/ 19 !i 20 / “* 21 II 22 1 23 24 25 I! Upon completion of grading, the developer shall ensure that an “as-graded” geologic 1 plan be submitted to the City Engineer. The plan Shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually j constructed and must be based on a contour map which represents both the pre and j post site grading. This plan shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a mylar or similar drafting 1 film and shall become a permanent record. i No grading shall occur outside the limits of the subdivision unless a grading or slope I easement is obtained from the owners of the affected propenies. If the developer 1 is unable to obtain the grading or slope easement, he must either amend the I Tentative Map or change the slope so grading will not occur outside the project site \ in a manner which substantially conforms to the approved tentative map as 1 determined by the City Engineer and Planning Director. I I A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits. Prior to hauling dirt or conStruction materials to any proposed construction site’ within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with al.l conditions and requirements the City Engineer may impose with regards to the hauling operation. The developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with the Carlsbad Municipal Code and the City Engineer. Reference Chap 11.06. Additional drainage easements and drainage stnrctures shall be provided or installed prior to the issuance of grading or building permit as may be required by the City Engineer. Priortoissuarrcofbrnldingparnirsfikmybtwithinthcntbdivisioa,adeed . ~ShaUkp~ontbcdadtotbc#pPpcrriesnrbjccttothc~~ction oft,kplasrdngDinctotandcityArtcxneynot@kgallinrerestedpartksand JpooerpasiIlintcnsttbatsoikPlld~~~tionsacistonsuchproperty leqbingrcmadial- specificdiageot&wA~soilsrqnxtssubmittedfor tbirpojeacmdthttbac~~aad~~rrpasbolldo~projecrdetails axeoal~nidrthecityof~~~ Thhvelopa~been amditionaitocomplywithsuth-mmaru and certik that it (dcvcloper) hascompliedtithsaid~ 26 I 27 1. PC RESO NO. 3148 28 / -a- - ‘v I I . I, 19. 1 11 '; 2 I 3 /! 4;i so. ., 5 ;/ 61 I 7 1; I/ 51. 8 '1 ii 9 /I 101 j/ 52. 11 12 l3 II 14 /i i’ 15 ;/ I 16 iI 14 18 'I 19 !I 20 21 22 23 24 25 26 27 20 I Some ,i.mprovements shown on the tentative map and/or required by these j con&aons are located offsite on property which neither the City nor the subdivider haa sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The Developer shall conform to Section 20.16.09s j 1 of the Carlsbad Municipal Code. Prior to approval of any grading or building permits for this project, the owner shall give written consent to the annexation of the area shown within the boundaries of j : the site plan into the existing City of Carlsbad Street Lighting and Landscaping i District No. 1. The form shall be provided by the City during the improvement ; plancheck process. I Direct access rights for all lots abutting Calle Barcelona, CaLle Acervo and Camino de LOS Caches shall be waived on the final map. 1 , 1 I ! Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of the Enal map in accordance, with City Standards the Developer shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements: A. unit t: 1) All of the public improvements shown on the tentative map for Unit I and the pubic sewer main through Unit II to the existing sewer main in Calle Barcelona. 2) Gliding of the entire “off-site” public right-of-way for Calle Barcelona and the construction of half street plus an additional 12 feet of i pavement to Collector street standards as shown on the tentative map , 1 along Calle Barcelona from via San C%mente easterly to Calle Acervo including the required transition to existing improvements. B. .unit II: 1) All of the public improvements shown on the tentative map for Unit II. . . . . . . . . . . . . PC PESO NO. 3148 -9- . . : I 11 , 2 II 3 ji 4 9 5 ;I 6 jj 53. 7’ I/ C. unit III: 1 > AU of the public improvements shown on the tentative map for c,,j[ III and the offsite sewer main through the adjacent property to [he south (CT’ 85-9 - Vista Santa Fe - Area “B”, east) down Calle Jalisco and Camino Coronado to the existing sewer at the intenection of Cainho Coronado and Via San Clemente, or that off site sewer may be redesigned to the satisfaction of the City Engineer in subsranrial conformance with the approved tentative map. Improvements listed above shall be constructed within a maximum of 24 mont*k of [ final map approval and/or improvement plan approval, whichever occurs first. : 8 j/ Custom Conditions: I/ g;j 54. lO:/ 111 i/ 1 55. 12: 13 II ,j 14 :: 15;i 56. 16 j/ 1711 18 I/ 1gli 1 f 20 21 I/ !I 22 I! 23 I 24 57. 25 I 24 Prior to the ITCordatiOn Of the final map, t.k applimnt shall submit proof &at &e issue of the pending lot line adjustment with the issue F_nrinitas school District k settled. I The developer shall U& an offa of dedication to tk City for an easement for stem drain purposu for the portion of tk aisting storm drain system consaucted 011 this propaty pa City Drawing NO. 289-6 (PD 306). The offer shall be made byacerti6careontheEnalmapforthis~~ AUlandsooffemdshaUbegrmed totheCityfkeandckarofallliaisand- and without cost to the City. Appmval of this pmjea is conhgeat upon the provision of adequatt public facilities to satisfy the Public Facilitia Element of General Plan At this time a Meilo Roes Community Facilities Distict is pmpmed to finann the cormxuction of several Citywide faciliti~ tlixewytosmeacwdevelopmau~ rf the MebRoos Community Facilities Distxict is xxx fmned, or if the chmrmmity Facilities District isformcdbutthcZoacllp~~arcaMparticipantswithinthatDis~ct,the rquimiGamlPlanGxkstency~amotkmrufr. No discmiorxuy approvals, Buikihgs Pamits, Grading Permits, Final Maps, or dcvclopma~ permits wiUbeissued~appmedunlessanaltanatt~~ispmvidedby thcDcvelopaaadapprwrdbythCity~tofinanntbCfadlitiulegally ~~tolrrv11tbatwouldhavckrmoraFcirriudedinthrcommunity FditiesDisakt. ForpurpowsofthiscraAitiontheMello-RoosDisarictwillbe . ~tokfornaedfoUowingIm~vlotcofthpropatyownersplus 8~paiodasprcsctl’bcdbylawtoplwidcforaPYPIDtCdrrcgardingformation OfdrDislzh ThisappiwplissubicatoiS~~tpprwrrlafMsrtaPlan149,andZone 11LocalFxilityIMaqemm Plap,dmg -tkCtO. ’ PC RESO NO. 3148 27 ,j -lO- 28 i I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 58. 59. 60. 61. I ! No grad& pemnits shall be isSued for tbiS SUbdh’ki011 prior to mcordation of the &ml maps unlas speSAly approved othrwisc by the City Enginfm. \ I Thir projazt is spe&Eca.lly approved as a 3 unit phased fkal map for recordation puiposcr. If the deveioper choosm to record and construct out of tit numerical I quence, the folkwing dedications and impmvemenr~ will be rqgired with the fkt ’ unit/constluction phase. h DediCdOllS: The d~elo~ shall obtain the mtire “off-site” public gghtaf- way dedication by sepame insh-umcnt for Calle Baxmlona as shown on the / : tentative map. B. hDmmeDt.S: G&lug of th CLltin! public right of way for Calle Barcelona and the consfrllctiorl of half street plus an additional 12 feet of pavement to Collector smet standards aS SbWll OXl the tcntatk Iflap along Ca.Ue BarcdOM from Vi San CTaacncc We t0 Chlb ACCWO including the lliquid transition to acisting implwmlalts. The dewloper shaU make ah off&r of dedication to the City for all public streets and eascmcntshquircdbythcrconditi~otjbownonthtartati~map. Theoffer shaUbemadebyaazrtificateontbehalmapfufthisproject. Alllaadsooffered shallbegrantcdtothecity~andderaofall~and ellcdmnces and without cost to the City. stxeets that are akady public m not raqukd to be rededicated. In addition to the above the followi@ conditions shall also apply: k with unit f the developer shall: 1) Dedicate by separate immnmt the requkd public sewa eaSement thugh unit II. B. withUnitmthedcvclopashall0~ 1) TIE “off-site - 4Easamrtbroughtheadjscmtplppatytothe south(~85-9VubsPnhPeAnr~E1St)downCalleJaliscoand ~ConmadototircJristingsewer8ttheintaxctionof~o GUOIJ& d Vi stn ac unlusm altanate design is appnnndtothe-oftkCity~. PxicKtotbcfitn5llmap~ahydmlogy~~kcomplc~~to~ satisfaaiaoof&ecity~.,Tbirstuclysh8ll~an~ofthe . . ~crecL~~Bain~zo0ciitoBuiqrritor~ lWsstlzdym=t ~QeekDlahgeBash PC RESO NO. 3148 -ll- - I . 7 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 20 il , I# 4, /: ;: !I j/ II Ii 62. 63. 64. 65. 66. 67. 68. I eor to fina -P acid b devclOpa shall w a proportionate ti of the mitigation cost of tk possible hod attenuation mentioa~d ia h above anation, within 180 days from the date of the Tiara Santa Fe Tentative Map approval, (he e&aive date of the City Coundl rc~ohthn), a financinl guarantee acteptable to &e city Council for cmsmction of Ran&m Santa Fe Road improvenmts must b provided by the Developtk Unless the guaxantee is approved by the city COULD within the 180 day period, all passing on the Tiem Santa Fe Final Map will cease until such time as it is approved. The time limit may be extended at he discretion of the City Council. The developer shall make an offer of dmikation to the City of Carisbad for an open space easement ova the slope portions of the following lots which are: t adjacent to public mad rights-f-way; adjacent to Gumal Plan Open SW; C. adjacent to Mission Estancia S&ml Specifidy the lots are: ’ Lots 94% 1+18,20,3s, 3841,4Go, 7040,84,85, and 105-111. The offer shall ~madebyacertificateonth6naimapfkthispr#ct. Thisoff~ofdedhion for Open Space w shall be delineated on the tentative map. T& applicant shall esmblish a.mechism which guarmtec~ for the pqetual ~~oft&oQenspecceasemzmorahomownhamciationand c==w* m& conditi~ and mtrictions to the satisfaction of the Planning Director ptior to final map apprwal. ~approvaofthtentativcmapfoathisprojea,CT904willNpcrsedeand da the clciseing tentative map appxwal (Cr 85-11) null and void. Allmoughtironfmcingsballbegahrpnizcd. 1 ~faringh&ghrxhsanhFeRoad,~deI#~Callt~,~d ~~&allkofatanihm~ Arrnifornr*WmYb w for CIch stfw fkmage The design(sl hQ k aped by fhtt Plrafiag~priort0tkhah8prppwrlmdarmhctiOn~~p~c~ ~&eunifbmferrcdesignbemaimd thePl8ldngm PC RESO NO. 3148 -12. 4 8 9 10 11 12 13 II 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. Additional’public and/or onsite tie hydrants shall be provided if deemed necessary by the Fire Marshal. The applicant shall submit TWO (2) copies of a site plan showing locations of existing ad proposed fire hydrants and onsite roads and drives to the Fire Marshal for approval prior to issuance of ,a building petit. The applicant shall submit for practising a.nd’shaU pay the required applicants fees for a water&e improvement plan and appurtenant wateriine easement as may be required by the City Engineer, the Fire Marshal and C&bad Municipal Water Distict. The deed shall be properly executed and the waterline plans signed by the City Engineer prior to issuance of building permits. AII all-weather access road shall be maintained throughout consmtction. Al required fie hydrants, water mains and appurtenances shall be operational prior to combustible building materials begin located on.the project site. Fire retardant roofs shall be required on all structures. Brush clearance shall be maintained according to the -cations contained in the most recent city of Carlsbad Landscape Guidelines Manual. AU fire alann systems, fie hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for apprqval prior to consauction. Prior to issuance of building permits, the developer shall provide the Fire Department with a 500’ scale map showing SMCU (public and private), sweet names, fie h@rant locations, and beginning and ending addresses by block. Prior to issuance of building pamits, the developer shall submit to the Fire zent a map, showing the street netwotk, conforming to the following : PC RESO NO. 3148 -13. I’ 4W scale (1:4800) I Photo reduction on mylar a At least two existing streets and/or intersections shall be referenced on the map (not a separate vicinity map) a Maps shall include at least the following information: .- . . 1, 4 'I 2 !I l Street Centerlines t Street Names l Fire hydrant locations The applicant shaU agree to pay a fee established to cover the cost of updating Fire i Department response maps. t 4 I/ I Ii 80. Water shall be provided by the Olive&& Water District. j 5 jl I 6) ! 11 PASSED, APPROVED, AND ADOPTED at a regular meetkrg of the Planning I , I 7’ /( Commission of the City of Carlsbad, California, held on the 6th day of February, 1991, by 8i I! the following vote, to wit: 9 I’ lOi 11 12 13 AYES: Chaiqwson Holmes, Commissioners: Schlehuber, Schramm & Hall. NOES: Cornmissiorkrs McFadden & E&n. ABSENT: Commissioner Marcus. ABSTAIN: None. - 18 i AlTEST: .I 21 (j PLANNING DIRECI.OR II 23 24 25 ’ 26 27 1 PC RESO NO. 3148 28 -14- .- AGREEMENT FOR WAIVER OF PROHIBITION AOAINST THE IMPOSITION OF CONDITIONS UPON THE APPROVAL OF AN EXTBNSION OF A TENTATIVE SUBDIVISION MAP This Agreement is made this 13th day of Mav I 1993 between the City of Carlsbad, a municipal corporation, (hereinafter called "City") and Resolution Trust Corporation as Conservator of Great American Federal Savings Association (hereinafter called ltSubdividerll). 1. Government Code Section 66452.6(e) and CarlsbadMunicipal Code Sections 20.12.110 and 20.24.180 permitsubdividersto request and City to approve, conditionally approve or deny extensions of time for the expiration of tentative maps or tentative parcel maps (hereinafter collectively called "Tentative Subdivision Maps"). 2. El Patio v. Permanent Rent Control Board, 110 Cal. App. 3d 915, modified 111 Cal. App. 3d 788 (1980) indicates that the Government Code (Subdivision Map Act) may not authorize City to impose new conditions; i.e., those which were not imposed on the tentative subdivision map, upon the extension of time for expiration of a tentative subdivision map, but also held that the City does have discretion to approve or deny such extensions. 3. Government Code Section 66452.6(d) and CarlsbadMunicipal Code Section 20.12.100(d) and 20.24.160 provide that expiration of a tentative subdivision map shall terminate all proceedings AgnantSlA6-39P.FlIH 1 7/3/91 . and that no final map or parcel map for any property covered by the tentative subdivision map shall be filed without first processing a new tentative subdivision map. 4. Subdivider has'reguested City to approve the extension of time for Tentative Subdivision Map No. CT 90-04 which was initially approved on June 4, 1991. 5. Since the approval of said Tentative Subdivision Map, City has conducted studies which show that the construction of certain drainage facilities or thoroughfares are essential to protect and provide for the health, welfare, and safety of all of the present and future residents of City, including those who will reside in said subdivision. 6. Since the approval of said Tentative Subdivision Map, City has adopted a major drainage fee or major thoroughfare fee or both to provide the funds to construct the necessary drainage facilities and thoroughfares. 7. Since the approval of the Tentative Subdivision Map, City has conducted studies which show the need to establish a public facilities fee in order to provide for public facilities to protect the public health, safety and welfare of the present and future residents of City and to ensure that public facilities to serve the development will be available concurrent with need as required by City's General Plan. Developer agrees to pay said fees and has executed a contract which is on file with the City Clerk to that effect. 8. Because the original approval of said Tentative Subdivision Map occurred prior to the adoption of the aforementioned fees, AgreemntsUG-39.FI111 2 7m9l City did not condition the approval of said Tentative Subdivision Map with the payment of said fees. 9. Since the initial approval of said Tentative Subdivision Map there may have been changed circumstances which require additional conditions of approval on the extension of the Tentative Subdivision Map to protect the public health, safety and welfare, to mitigate affects on the environment or to ensure consistency of the extended map with the City's General Plan and Municipal Code. 10 City arguably may not, without the voluntary consent of Subdivider, impose upon the extension of said Tentative Subdivision Map conditions requiring payment of the fees mentioned above or conditions necessary to protect the public . health, safety or welfare, or the environment or ensure consistency with the General Plan or Municipal Code. 11. Without such voluntary consent of Subdivider to the imposition of conditions City may be required to deny Subdivider's request for extension to ensure that the public health, safety and welfare, or the environment are protected or that the General Plan or Municipal Code requirements are satisfied. Approval of the extension of said Tentative Subdivision Map without assurances that the fees mentioned above would be paid for said subdivision would be contrary to the best interests of the City and would threaten the City's ability to protect and provide for the public health, safety and welfare. Subdivider agrees that it is in the best interest of City and Subdivider that City be able to protect the public health, safety and welfare, or the environment or ensure consistency AgreementslAG-39-m 3 7/3m with the General Plan or Municipal Code by the imposition of conditions on the extension of tentative subdivision maps. 12. Subdivider realizes that denial of the requested extension could result in the expiration of the tentative subdivision map. Subdivider would then be required to incur substantial costs and time delays in processing a new tentative subdivision map approval of which would be subject to new conditions necessary to ensure consistency of the tentative subdivision map with the Subdivision Map Act, the California Environmental Quality Act, Titles 19, 20 and 21 of the Carlsbad Municipal Code, the City's General Plan and to protect the public health, safety and welfare. 13. City has reviewed the Subdivider's request for an extension of time for said tentative subdivision map and finds that granting the request subject to certain conditions will not be contrary to the public health, safety and welfare. NOW, THEREFORE, in consideration of the recitals and of the mutual covenants set forth herein, City and Subdivider agree as follows: 1. City agrees to extend Subdivider's Tentative Subdivision Map for one year subject to whatever new or revised conditions the City in its sole discretion deem appropriate. 2. Subdivider knowingly and voluntarily waives any and all right to the unconditioned extension of Tentative Subdivision Map No. CT 90-04. 3. Subdivider knowing and voluntarily consents to the imposition of a condition of approval of the extension of Tentative Subdivision Map No. CT 90-04 which requires payment of any fees AgreementslAG-39. m b 7/3m which may be in effect at the time of approval of the final subdivision map for said subdivision or any portion thereof and the following additional conditions: A. This approval is expressly conditioned on the payment the applicant of a public facilities fee as required to by bY City Council Policy No. 17, issued and effective on April 22, 1986, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee. If said fee is not paid as promised, this application will not be consistent with the General Plan and the project cannot proceed and this approval shall be void. B. This approval is expressly conditioned upon the subdivider's compliance with any growth management system in effect at the time the final map is filed. Subdivider shall also pay or agree to pay (as decided by the City Council) all fees identified by the City Council 'as necessary to pay for the cost of providing facilities and improvements which are imposed pursuant to the growth management system or any other applicable laws. 4. The provisions of Carlsbad Municipal Code Section 20.12.110 and 20.24.180, as appropriate, shall govern extension of the map which is the subject of this agreement. 5. If this agreement is, for an extension of a tentative subdivision map for a minor subdivision, the appeal of the City Engineer's approval, or conditional approval, of the extension by any party shall void this agreement unless the agreement is subsequently approved by the City Council. Agr-tsw-39.FRm 5 6. Any action by Subdivider to challenge the legality of this agreement or any failure by Subdivider to pay the fees and comply with any other conditions applicable to the extension shall void the approval of such extension. The map shall not final and the development shall not proceed until a new tentative subdivision map has been approved. SUBDIVIDER CITY OF CARLSBAD, a municipal RESOLUTION TRUST CORPORATION AS CONSERVATOR OF GREAT AMERICAN FEDERAL SAVINGS ASSOCIATION, A FEDERAL MUTUAL SAVINGS ASSOCIATION, PURCHASER OF THIS ASSET FROM THE RECEIVER FOR GREAT AMERICAN BANK, A FEDERAL SAVINGS BANK, FORMERLY KNOWN AS GREAT AMERICAN FIRST SAVINGS BANK BY: &r3. i5d Kent D. Boyd, Managing A$ent APPROVED AS TO FORM: ATTEST: Ld-QQ~ RONTLD R. BALL ait% b+aJ+&?Ta ALETHA L. RAUTENICRANZ City Attorney City Clerk Notarial l okaowledgement of exeaution by subdivider must be attached. Affix aorporate seal if appropriate. 6 7/3/91 - ALL PURPOSE ACKNOWLEDGEMENT State of California 1 1 County of San Dieqo 1 On May 13, 1993 beforeme, Kerstin w DATE NAME. TITLE OF OFFICER, E.G. JANE DOE. NOTAAY PUBLIC personally appeared Kent D. Boyd I NAMEW OF SlGNERtSI El personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity[ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. CAPACITY CLAIMED BY SIGNER 0 INDIVIDUAL(S) 0 CORPORATE OFFICER(S) TITLEIS 0 PARTNER(S) 0 Al-l-ORNEY-IN-FACT 0 TRUSTEE(S) q SUBSCRIBING WITNESS q GUARDIAN/CONSERVATOR 0 OTHER: SIGNER IS REPRESENTING: NAME OF PERSONM 043 ENlITY~IESI klTENllON NOTARY: Although tha infammion requtd below b OPTIONAL it co& prevent traudulwvt l tbunent 01 ti cwtiiticate to vutihorhod dosumt. THIS CERTIFICATE Title or Type of Document MUST BE AnACHED Number of Pages TO THE DOCUMENT Signer(s) Other Than Named Above DESCRIBED AT RIGHT: Date of Document OFFlC!AL SEAL KEXTIN l!ii.~lAR SAN DIEGO COUNiv