HomeMy WebLinkAbout1997-12-16; City Council; 14482; FINAL MAP CARLSBAD TRACT NO. 85-19 MEADOWLANDS\
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*CITY OF CARLSBAD - AGEh A BILL
FINAL MAP
MEADOW LANDS
MTG. 1211 6/97 CARLSBAD TRACT NO. 85-1 9
RECOMMENDED ACTION: d -
Adopt Resolution No. approving the Final Map for Carlsbad Tract No. Meadowlands and authorizing the City Clerk to process the Map for recording.
ITEM EXPLANATION:
Engineering staff has completed checking the final map of Carlsbad Tract 85-19, also
as Meadowlands. This is a 34.884 acre property subdivided for residential develor
This subdivision is within Local Facilities Management Plan (LFMP) Zone 6 and is ge
located at Melrose Drive and Rancho Santa Fe Road. It is comprised of 120 lots wii
as follows: 112 single family dwellings, 3 open space lots, 4 recreation lots and 1 ren
The final map conforms substantially with the tentative map as approved by P
Commission on 9/11/85 per Resolution No. 2488. The final map also conforms
general plan, all the applicable requirements of the Municipal Code, City Standards t
Growth Management Plan. The applicant, The Jenna Group, Inc., is requesti
recordation of said final map.
To comply with the Local Facilities Management Plan for Zone 6, this project must gu:
the financing of certain portions of Rancho Santa Fe Road and Melrose Drive. The de
desires to final the map for this project, absent the formation of a Bridge and Thoro1
District (B&TD) to satisfy this Zone Plan requirement. By previous action on similar [
within Zones 6 and 11, City Council has determined that the financing obligation
satisfied through an agreement whereby the developer prepays the estimated B&TD ft
FISCAL IMPACT:
The developer pays a plan check fee to cover the expense of plan checking and proc
the Final Map for recording. There is no fiscal impact to the City. All appropriate fee5
paid if and when building permits are issued for this project.
1. Location map.
the City Clerk to process the Map for recording.
and Consent) agreement.
4. Petition, Waiver and Consent to Creation of a Community Facilities Distt
Agreement to Pay Fair Share (Rancho Santa Fe Road and Melrose Drive Pre-F
Agree men t) .
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RESOLUTION NO. 97-716
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE FINAL MAP FOR
AUTHORIZING THE CITY CLERK TO PROCESS THE MAP FOR RECORD1 NG
CARLSBAD TRACT NO. 85-19, MEADOWLANDS AND
WHEREAS, The Jenna Group, Inc., has submitted a Final Map known as
Tract No. 85-19, Meadowlands, to the City of Carlsbad for approval; and
WHEREAS, the Tentative Map of Carlsbad Tract No. 85-19 with conditi
approved by the Planning Commission on 9/11/85, pursuant to Resolution Number 24l
WHEREAS, the City Engineer has determined that said map substantially co
said conditionally approved tentative map; and
WHEREAS, the conditions of approval for said Final Map have been corn
secured; and
WHEREAS, the developer has offered public street and public easements for c
to the City of Carlsbad; and
WHEREAS, the Final Map conforms to the City of Carlsbad General Pla
requirements of City Codes and Standards; and
WHEREAS, the City Council of the City of Carlsbad determined it to be in 1
interest to approve said Final Map; and
WHEREAS, the developer is requesting Council approval of an interim a
entitled “Petition, Waiver and Consent to Creation of a Community Facilities Dii
Agreement to Pay Fair Share” whereby developer agrees to waive their right to p
establishment of a facility impact fee for the construction of Rancho Santa Fe F
Melrose Drive;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
California, as follows:
1. That the above recitations are true and correct.
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2. That said Final Map known as Carlsbad Tract No. 85-19, Meadowlands, wl-
file with the City Engineer and is incorporated herein by reference, is accepted.
3. That the City accepts the dedications shown on the Final Map.
4. That the City Clerk is authorized to sign the Certificate of Acceptance on
Map.
5. That the City Clerk is authorized to cause the original Final Map to be re
the Office of the County Recorder of San Diego County, State of California.
6. That the City Clerk is authorized to release the map to California Title I
Company for recording in the Office of the County Recorder.
7. That the Mayor is directed to sign the agreement entitled “Petition, W,
Consent to Creation of a Community Facilities District and Agreement to Pay Fair :
Rancho Santa Fe Road and Melrose Drive.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carl:
Council held on the 16th day of December , 1997 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hal
NOES: None
ABSENT: None
ATTEST:
#W& 2. / 1 -
ALETHA L. RAUTENKRANZ, City Clek
(SEAL)
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RESOLUTION NO. 97-717
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO
EXECUTE A PRE-PAYMENT AGREEMENT BETWEEN THE CITY
OF CARLSBAD AND FOR CT 85-19, THE MEADOWLANDS.
WHEREAS, the City of Carlsbad City Council has required that the funding o
Santa Fe Road and Olivenhain Road (Project) must be guaranteed before any dev
takes place in the area bounded by Local Facilities Management Zones 11 and 12, an(
of Zone 6; and
WHEREAS, the Council has directed City staff to proceed with the forma
Community Facilities District (CFD No. 2) to finance the Project; and
WHEREAS, although the Council anticipates that CFD No. 2 will be formed in tl
the Council is willing to consider alternative financing proposals during the period
prlesent to the formation date of CFD No. 2; and
WHEREAS, the Council finds that the formation of CFD No. 2 is proceec
reasonable manner; and
WHEREAS, the Council finds that the guarantee provisions related to the Projec
met through an interim financing program using an agreement between certain properi
arid the City whereby the property owner agrees to prepay hidher fair share of costs a
with the Project; and
WHEREAS, Jenna Group, Inc., intends to build a 112 unit development in Local
Management Zone 6, known as The Meadowlands, CT 85-1 9; and
WHEREAS, the City Engineer has determined that, due to the size of the Jenr
Inc., development, there will be no major impact on the circulation system at the prest
the Jenna Group, Inc., development is allowed to proceed; and
Ill
Ill
Ill
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WHEREAS, the Council finds that Jenna Group, Inc., may enter into the
Agreement to Pay Fair Share in satisfaction of their obligation under the Project
conditions.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of (
California, as follows:
1.
2.
That the above recitations are true and correct.
That the form of the PETITION, WAIVER AND CONSENT TO CREATI
COMMUNITY FACILITIES DISTRICT AND AGREEMENT TO PAY FAIR SHARE,
attached hereto, is hereby approved.
3. That the Mayor is hereby authorized to enter into the agreement s
Exhibit "1" with Jenna Group, Inc.
4. The amount that is due and payable to the City by Jenna Group, Inc., pr
approval of a final map shall be equal to $1,148,000 (1 12 units @ $10,250 per unit).
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carls
Council held on the 16th day of December , 1997 by the following vote, to
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hal
NOES: None
ATTEST:
ALWiUTENKwNz, City'Ea (SEAL)
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RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
IS LINE FOR RECORDEF
identified as Ten
WHEREAS, City
cilities District No. 2 -
Santa Fe and Olivenhain Road (hereinafter referred to as "District"); and,
WHEREAS, District is intended to be formed to finance those improvements
described in Section 1 herein; and,
WHEREAS, Property Owner desires to proceed with processing prior to the for
District; and,
WHEREAS, condition "A" of City Council Resolution No. 97-9 requires that the
Owner provide for or participate in the construction of certain public improvements
sections of Rancho Santa Fe Road; and,
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WHEREAS, the compliance with tentative map conditions is a condition of apprc
the final map for the Project; and,
WHEREAS, the City and Property Owner desire to agree to an alternative me
financing the improvements described in Section 1 herein that will allow Property 01
discharge its fair share and obligation for said improvements in lieu of, or in anticipa
participation in District; and,
WHEREAS, the City r, upon entering i
forth in tentative m
ose improvements described
construction of P
undersigned Property 0
the formation of District which will cause the construction and installation and/or financii
following improvements (hereinafter “Improvements” which are generally described as fc
Rancho Santa Fe Road North Phase 1 IRSF No.1) La Costa P a)
east of Mahr Reservoir
b) Olivenhain Road Widenina. and intersection imrxovements at C
and El Camino Real
c) Rancho Santa Fe Road North Phase 2 (RSF No. 2) Phase
Melrose Drive.
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d) Rancho Santa Fe Road South (RSF So.) (Assumes Secondarv
Standard - Encinitas Citv Boundarv to Olivenhain Road Full Imcxovements.
2. The cost of construction, engineering, environmental mitigations legal an
incidental expenses as set forth in the Improvements budget will be funded by the District
Property Owner acknowledges its right to notice of and participation in all 3.
of formation under the "Mello-Roos Comm
proceedings required and all
California Government
forever waives suc
lities Act of 1982," expressly wai
ion 2, Chapter 2.:
formation of the District and th
Owner has en
Olivenhain Road, which is incorporated herein by reference.
c) The amount of Property Owner's fair share will be conclusively
determined by the City Council in the manner described in Exhibit "A attached hereto.
d) Payment by Property Owner of its fair share of improvement
determined by City Council and set forth herein will satisfy its obligations for the const
the improvements described in Section 1, as required by City Council Resolution
condition "A", as that condition applies to CT 85-19, subject to adjustment as de:
Section 9 herein.
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e) Alternatively, if the District is formed and Project is included u
Property Owner's obligations to pay its fair share pursuant to the agreement shall be s
upon payment of all taxes imposed, established and payable to said District.
5, Property Owner acknowledges that this agreement to pay its fair shi
participate in the financing of improvements is voluntary and that without this agr
development permits under th
Municipal Code, appli
financing program h
ent does not affe
placed upon tentativ
and all rights to notice of or cha osition of said fair st-
fee under provisions of Government Code section 66000 et sea., or any successor c
statutes,
9. a) If the District is formed subsequent to the payment by Property
the fair share pursuant to this agreement, Property Owner's financial obligation
recalculated using the taxing formula established for the District for the improvements (
in Paragraph 1. If that obligation is lower than the amount previously paid or prc
Property Owner to City, City shall refund any excess, in the manner described below.
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b) Any refund shall be made from funds available within District upon
formation and shall not be an obligation of City's General Fund or other revenue sources.
In the event that insufficient funds are available from District's res
Property Owner shall be reimbursed in the order in which funds were deposited with
soon as sufficient funds become available, as determined by the City Council, throi
c) '
required to establish an undev vide such refund.
sufficient funds are
nt received by the City u
amount remai
for the final phas
phases of the lmpr
determine the total amou
to use only on the Improvement
paying for the construction of the Improvements (Revenues). The Finance Director s
compare the amount of Costs and Revenues to determine if there are any excess Rev1
described below. If excess Revenues of more than $100,000 exist, the Finance Dire
provide refunds to all eligible parties of all excess Revenues in an amount and in thc
described below. If excess Revenues are equal to, or less than $100,000 the City st
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these funds in a special fund to be used to finance street repair, maintenance, and lanc
within the Improvements.
a) The total amount of excess Revenues shall be determined by deducting the
of the project Costs from the available Revenues. Total project Costs shall include all
plan, design, construct, mitigate environmental impacts, inspect, and otherwise coml
services. Total Revenues sha edicated exclusive
construction of the Im
Units construc
CFD No. 2 an
revenues.
party must request to be include request must be m;
90 days after the City Council’s acceptance of the Notice of Completion for the final ph:
Improvements. Each request must be accompanied by documents indicating clear t
refund unless the request is being made by the party which originally paid the taxes ti
under a prepayment agreement or to CFD No. 2.
d) The Finance Director shall compute the amount of the refund due each
described above. Funds may be disbursed to the eligible parties following Cauncd ai
such refunds.
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e) If the City does not receive requests for refund from all eligible parities wi
specified period, and all funds cannot be disbursed as provided by this section, any re
funds shall be held in a special fund to be used to support road and roadway mainter
and around the Improvements area, as determined to be necessary by the City Engint
approved by the City Council.
or companies entitled to a re
addresses in this file foll
ailability to the nar
if there is a change in name o
method describ
Management Zone 6
does not require City to i
pplicable provision$
including but not limited to Carlsbad Municipal Code Titles 18, 19, 20 and 21.
12. Compliance with the provisions of this agreement is a condition of
discretionary approval for the Improvements Property Owner does not comply
provisions of this agreement, approval of the Project will not be consistent with the Gent
the Growth Management Program, and the Local Facilities Management Plan,
subsequent discretionary approvals and permits for the Project may be withheld by City
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13. In addition, the City will not approve any pending final maps, issue <
building or other development permits or take any discretionary action until the Propert)
has complied with the terms of this agreement due to be satisfied at the time such apy:
required.
14. The City may, at its discretion, elect to pursue any remedy, legal or e
against Property Owner and Property Owner's successors, heirs, assigns, and transfi
the Project to secure compli
ers buildings, as a result
servitude upon the
Owner shall be presumed to
Property Owner. Notices required to be given to Property Owner shall be addressed 2
Notices to the City shall be delivered to:
Finance Director
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Notices to Property Owner shall be delivered to:
John T. Newcomb
Jenna Group, Inc.
3101 Villa Way
Newport Beach, CA 92663
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Each party shall notify the other immediately of any change that would require an)
delivered hereunder to be directed to another party.
18. This agreement shall be recorded but shall not create a lien or security int
19. The undersigned Property Owner further states, under penalty of perjury,
(Notarial acknowledgment of execution by PROPERTY OWNER must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corpor
only one officer signs, the corporation must attach a resolution certified by the secretary assistant secretary under corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL
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CALIFORNIA ALL-PUR le SE ACKNOWLEDGMENT 0
State of California
On December 4, 1997 beforeme, Lori Levine, Notary Public
personally appeared John T - Newcomb
a personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(
whose name(s) is/are subscribed to the within instrume
and acknowledged to me that he/she/they executed tl
same in his/her/their authorized capacity(ies), and that I
his/her/their signature(s) on the instrument the person(!
or the entity upon behalf of which the person(s) acte
executed the instrument.
WITNESS my hand and official seal.
Date Name and Title of Officer (e g , “Jane Doe, Notary Public”)
Name(s) of Signer($
Signature of Notary Pubk
Though the rnformatron below IS not required by law, it may prove valuable to persons relying on the document and could prevc
fraudulent removal and reattachment of thrs form to another document.
Description of Attached Document
TitleorTypeof Document; Petition, Waiver and Consent to Creation Of a
Community Facilities District and Agreement tc
Document Date: Number of Pages:
Signer(@ Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name: John T. Newcomb
0 Individual C Individual 6 Corporate Officer
Titte(s): P r e s id en t Title(s):
Partner - CI Limited El General 0 Partner - 0 Limited C General
U Atto rne y-i n- Fact
0 Guardian or Conservator Guardian or Conservator
U Corporate Officer
0 Attorney-in-Fact
Signer Is Representin . Jenna Group, Ync.,
Member Darby Creek/
Carlsbad LLC
Signer Is Representing:
0 1995 National Notaly Association * 8236 Remmet Ave , P 0 Box 7184 * Canoga Park. CA 91309-7184 Prod No 5907 Reorder Call Toll4
. CALIFORNIA ALL-PUR &E ACKNOWLEDGMENT 0
December 4, 1997 before me, Lori Levine, Notary Public
Date Name and Title of Officer (e g , "Jane Doe Notary Public")
personally appeared 7
If3 personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person( whose name(s) is/are subscribed to the within instrume
and acknowledged to me that he/she/they executed tt
same in his/her/their authorized capacity(ies), and that t
his/her/their signature(s) on the instrument the person(s or the entity upon behalf of which the person(s) acte
executed the instrument.
WITNESS my hand and official seal.
Name@) of Signer($)
Signature of Notary Public
Though the Infomatron below IS nut requrred by law, rt may prove valuable to persons relymg on the document and could preve
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
John T. Newcomb
C Individual 0 Individual
[x] Corporate Officer Title@): Secretary Title(s):
0 Partner - 0 Limited 0 General
0 Corporate Officer
0 Partner - 0 Limited General
0 Attorney-in-Fact
c! Guardian or Conservator 17 Guardian or Conservator
Signer Is Representing:
Jenna Group, Inc.,
Darby Creek/Carlsbad
Signer Is Representing:
Reorder Call Toll-Fr Q 1995 National Notary Association 8236 Rernmet Ave , PO Box 7184 Canoga Park CA 91309-7184 Prod No 5907
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EXHIBIT "AI
RATE AND METHOD FOR DETERMINING
FAIR SHARE OBLfGATION
RANCHO SANTA FE AND OLlVENHAlN ROAD
The City Council shall use the following rate and method for determining the fai
obligation for funding the construction of Rancho Santa Fe and Olivenhain Road dL
property conditioned to participate in ilities. This calculation is c
part of an agreement tit1 TO CREATION
which has been v
ment of their property in advance
improvements descri
defined as follows for resi
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 be determine
City Engineer based on the most recent final map submitted to the City for approval.
The EDU determination for non-residential development shall be made by
Engineer when such a determination is requested by the property owner. The City
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may request additional information from any property owner as may be necessary to n
determination. The City Engineer is not required to make a determination on the nu
EDU's for any project until adequate information is available.
The City Engineer% determination shall be submitted to the City Council in ti
below. The City Council shall make the final determination of the number of EDU's to be
computing the fair share obligation for any
amount shall be
consideration of I as described below.
shall direct the
back for approval
2) If the property owner has already obtained a final map for units conditio1
the financing of Rancho Santa Fe and Olivenhain Road, the property owner shall pay to
the net amount due shown above prior to entering into this agreement.
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EXHIBIT "B"
LEGAL DESCRIPTION
CT 85-19
THE MEADOWLANDS
Being a subdivision of that portion of the South half of Section 19, and of the Northeast quart
of Section 30 in Township 12 South, Range 3 West, San Bernardino base and meridian, in tl
City of Carlsbad, County of San Diego, State of California, according to official plat therec described in a deed recorded December 30,1993 in file 1993-0888269.
0 4D r.1
CONSENT AND RATIFICATION
OF MEMBERS OF
DAREiY CREEUCARLSBAD LLC
a California Limited Liability Company
The undersigned, who together constitute all of the members of Darby CreeWCarlsbad
LLC, a California limited liability company (the “Company”), hereby consent to, ratifl and
authorize Jenna Group, Inc., a California corporation which is one of the members-of the
Company, to take any and all actions on behalf of the Company with respect to or in
anticipation of the subdivision, entitlement and development by the Company of certain
real property owned by the Company, generally located in the City of Carlsbad, San Diega
County, California, and more particularly described in the attached Exhibit A (the
“Property”), including without limitation actions taken on behalf of the Company in
connection with any Tentative Maps or any Final Maps with respect to the Property,
negotiation, execution and. delivery on behalf of the Company of subdivision improvemenl
and other agreements appropriate to such subdivision, entitlement and development of the
Property or to the satisfaction of any conditions of approval imposed by the City ol
Carlsbad or the designated local agency thereof pursuant to the Subdivision Map Act,
Government Code Sections 66410 et seq., actions and applications related to any zoning
or rezoning necessary or appropriate to the subdivision and development of the Propert)
by the Company and documents necessary for subdivision approvals by the California
Department of Real Estate, applications, permits and other documents related to the
Company’s ownership, subdivision and development of the Property and the developmenl
and construction of residential improvements thereon.
The undersigned members hereby ratify and approve any such actions previously taker;
by Jenna Group, Inc., for or on behalf of the Company with respect to any matters
addressed in the preceding paragraph.
This Consent and Ratification of Members of Darby CreeWCarlsbad LLC, a Californis
limited liability company, is made as of November 11, 1997.
MEMBERS: JENNA GROUP, INC., a California Corporation
BY:
THE KLINGBEIL COpvlcpANY
BY:
\
6k-y Kendni President
.-1 0 4D
STATE OF KENTUCKY COUNTY OF FAYETTE
The foregoing instrument was acknowledged before me this 11th day of November, 1907, by
Gary Kendnck, President of The Klingbeil Company, personally known to me 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 on behalf of which the person acted executed the instrument.
&.
L &A k-- Becky Jane$l#n, Kentucky Notary Public
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WRITTEN CONSENT OF
THE BOARD OF DIRECTORS
OF
JEN”N GROUP, INC.
Pursuant to the provisions of Section 307 of the California Corporations
Code, the undersigned, constituting the sole member of the Board of Directors of Jenna
Group, Inc., a California corporation (“Corporation”), does hereby dispense with the
formality of a meeting of directors and does hereby adopt the following resolutions:
1. Authority of President
RESOLVED, that John T. Newcomb, as President of the Corporation, be,
and he hereby is, authorized and directed to negotiate, execute and deliver,
in the name and on behalf of the Corporation, all agreements, documents,
certificates, or other instruments, which he deems necessary or appropriate
to effect any and all transactions which he deems to be in the best interests
of the Corporation.
DATED: September 25, 1997
C:/my documents/lori levinehenna group/written consent.doc
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December 31,1997
Mr, John T, Newcomb
Jenna Group, Inc.
3101 Villa Way
Newport Beach, CA 92663
RE: FINAL MAP FOR CT 85-19, MEADOWLANDS
Enclosed please find a copy of the conformed Council agenda bill, Resolution
No. 97-716 and 97-717, and a copy of the signed Petition, Waiver and Consent
to Creation of a Community Facilities District.
These documents were approved by Council at the December 16,1997,
meeting. (Due to the holidays there was some delay in processing for City
signatures.)
If you have any questions regarding the Final Map you will need to call Mike
Shirey in the City’s Engineering Department, at (760) 438-1 161 , Ext. 4388.
KATHLEEN D. SHOUP
Sr. Office Specialist
. r
December 31, 1997
County Recorder
PO Box 1750
San Diego CA 92112-4147
Enclosed for recordation is the following described document:
Petition, Waiver and Consent to Creation of a Community Facilities District and Agreement to Pay Fair Share Cost
APN: 223-020-1 6, 21, & 222-1 60-41 & 42; CT 85-1 9
Darby CreeWCarIsbad, LLC
Also enclosed are instructions on how the City is to be billed for the recordation fees
incurred.
Thank you for your assistance with this item.
<- b+ KATHLEEN D. SHOUP
Sr. Office Specialist
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-280