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Home My WebLink About2008-11-04; City Council; 19627 Part 3; Drainage Master PlanPrepared by David Hauser 9-2-08 Chronology of Documentation and Events Regarding for Basin BJ Planning and Financing (excluding hydrology studies) No. 1 2 3 4 5 6 7 8 9 10 11 Document Master Drainage Plan Master Drainage Plan Master Drainage Plan Amendment Planning Commission Approval Recommendation for RCMHP Conversion Letter form Sue Loftin City Response Memo Council Approval of RCMHP Project Conformed Tentative Map/Site Plan for RCMHP Project Final Map recordation for RCMHP Project Drainage Hold Harmless Agreement Fee payment Contract Date June 1980 i March 1994 December 3, 1996 December 1 8, 1996 January 9, 1997 January 14, 1997 January 28, 1997 April 8, 1997 February 4, 1998 February 4, 1998 March 24, 1998 Description Master Drainage Plan for the City of Carlsbad dated June 1980. Added Facility BJ to list of master planned facilities. Master Drainage Plan and Storm Water Quality Management Plan dated March 1994. Added the Calavera Creek widening improvement to the list of improvements included under Facility BJ on the list of master planned improvements. City Council amended Master Drainage Plan to include provision for flood control facility to alleviate potential flooding within RCMHP. Includes cost estimate for measures to protect Rancho Carlsbad residents estimated at $325,000 Planning Commission Resolutions No. 4032 & 4033 recommending approval of Rancho Carlsbad Mobile Home Park (RCMHP)conversion to condominium ownership (RMHP 96-01 and MS 96-08). Includes conditions requiring dedication of College Boulevard and channel easements. Also requires drainage hold harmless agreement and agreement to contribute monies to mitigate for flood hazards. Includes finding stating that flood mitigation cost to park owners is $318,000. Letter from Sue Loftin representing the rancho Carlsbad tenants in Common Group stating that the Group ". . .does not believe there is a substantial health and safety issue with regard to flooding on the property..." Memo from Community Development Director to City Manager responding to the January 9, 1997 Sue Loftin Letter. Staff states belief that there is a significant health and safety issue with the potential flooding. City Council Resolution No. 97-44 approving RCMHP Residential Conversion Project. Includes additional and/or modified findings and conditions regarding flood control facilities and drainage hold harmless requirement. City approved tentative map/site plan for RMHP 96-0 I/MS 96-08/ZC 96-04. Sheet 5 delineates future site of Basin BJ. RCMHP Parcel Map (MS 96-08/FM No. 1785) recorded includes drainage easement dedication and acceptance for Calavera Creek and Agua Hedionda Creek channels; drainage hold harmless notification; and, drainage maintenance responsibility notification. Hold Harmless Agreement Drainage recorded on February 4, 1998 signed by Rancho Carlsbad Partners Contract with Rancho Carlsbad tenants to guarantee payment of $3 1 8,000 for flood mitigation. Prepared by David Hauser September 2,2008 r 12 13 14 15 16 17 18 19 20 21 Hauser Letter Council Certification of Calavera Hills II EIR Option Agreement Bentley Letter LFMPZonel5(C) Council approval of Cantarini Ranch Project Council approval of Holly Springs Project Rancho Carlsbad Letter Sue Loftin Letter City Manager Letter December 19, 2001 January 15, 2002 October 8, 2002•*' May 12, 2004 December 7,2004 December 7, 2004 December 7, 2004 March 20, 2008 May 12, 2008 July 2, 2008 Unsigned draft letter to Sue Loftin from David Hauser stating City's goals and intentions with regard to relocation of RCMHP RV storage area, maintenance facilities and community garden.. No official signed copy on the City letterhead was found. This copy of the letter is an unsigned letter which is an attachment to a letter sent to Mayor by Sue Loftin dated January 15, 2002. City Council Resolution No. 2002-016 certifying EIR 98-02 for Calavera Hills Phase I project including Basin BJB. Includes revised Condition No. 3 1 requiring purchase option agreement Option Agreement with City, Calavera Hills II (McMillin) and Rancho Carlsbad HOA for option to purchase of approximately 5.7 acres of McMillin property for potential RV and community garden relocation site. Letter from David Bentley to City regarding financing of replacement site for RCHOA Rv Storage and community garden. Bentley states that the goal of the option he has with RCHOA to purchase Parcel 4 (existing RV storage lot parcel) is to create value that exceeds the costs associated with replacement site and relocation process. Amendment C to the Local Facilities Management Plan for Zone 15 as approved by City Council. Requires development in Zone 15 to construct Basin BJ. No mention is made of Rancho Carlsbad amenity relocation or purchase of relocation property. Financing section states that financing shall be borne by Zone 15 developers with potential for reimbursement from PLDA fee program to extent provided by the PLDA fee program at a time and in a manner as determined by City Council. City Council Resolution No. 2004-387 approving Cantarini Ranch tentative map (CT 00-18). Includes Planning Commission Resolution No.5753 recommending approval of Cantarini Ranch project with conditions. Relevant conditions include 6, 10, 46, 55 and 85. Condition 46 requires developer to provide for the relocation of the RV storage lot, maintenance facilities and community garden including securing an alternate site, processing of permits and constructing replacement facilities. Condition 55 requires developer to construct Basin BJ and provides for potential credit against payment of PLDA fees or reimbursement from PLDA fee revenues in accordance with PLDA fee program provisions. City Council Resolution No. 2004-388 approving Holly Springs tentative map (CT 00-06). Includes Planning Commission Resolution No.5759 recommending approval of Holly Springs project with conditions. Relevant conditions include 6, 10, 47, 48, 49, 55 and 56. Project required to comply with improvement requirements of Holly Springs project (CT 00-06). Letter to the Mayor addressing RCOA concerns with how the Basin BJ will be addressed in the DMP update. Letter from Sue Loftin to City Manager outlining RCHOA concerns regarding Basin BJ. Asking to return funds used for 84" storm drain to Basin BJ fund, t commence work on creek dredging, keep Basin BJ in updated DMP, finance relocation of RCHOA amenities and indemnify City from damages in event of flood. Letter from City Manager to RCOA responding to the Loftin letter dated May 12, 2008. Letter addresses the various resident concerns regarding Basin BJ and the dredge and improvement project. Prepared by David Hauser September 2,2008 „<"""•* 22 23 24 25 Sue Loftin Letter Assistant City Attorney Letter Sue Loftin Letter Assistant City Attorney Letter July 22, 2008 July 24, 2008 "July 29, 2008 July 30, 2008 Letter addressed to City Manager regarding Basin BJ issues. Ms. Loftin asserts City's actions with regard to Basin BJ amount to a taking and requests that City fund replacement property and relocation of RCOA amenities. Ms. Loftin states that letter also serves as a notice of alleged Brown Act violations Letter to Sue Loftin responding to Ms. Loftin's letter dated July 22, 2008. The letter challenges the Brown act violations as being unsupported by specific facts. Letter restates various claims regarding the RCOA position with regards to Basin BJ and requests that the DMP be revised to include certain findings regarding the necessity for Basin BJ and inclusion of full financing for Basin BJ including relocation and property acquisition expenses with the PLDA fee program. Response letter to the letter from Ms. Loftin dated July 29, 2008. Letter clarifies understanding regarding certain verbal communications with the City Attorney regarding RCOA intentions for a potential lawsuit. Prepared by David Hauser September 2,2008 IV-3 B. Agua Hedionda Creek Watershed (Facilities BA - BN) Facility BA Line BA is a 60" diameter storm drain which parallels the railroad and will intercept existing tributary storm drains. It replaces a ditch from Walnut Avenue to Juniper Avenue and parallels an existing 60" RCP from Juniper to Tamarack. Both 60" pipes are required due to the very mild slopes. This improvement would alleviate nuisance ponding and reduce the"potential for mosquito breeding. It would connect to a 72" existing pipe, thus completing a major system draining into Agua Hedionda Lagoon. Facility BB This proposed storm drain will complete a drainage system by connecting upstream and downstream existing facilities. Drainage complaints have been recorded along the existing watercourse. Severe erosion occurs on downstream reaches of the existing gully and the resulting silt plugs downstream storm drains and necessitates dredging of the Shelter Cove Marina. The proposed facility will alleviate the nuisance flooding and erosion problems. Continued residential and commercial development will occur in the basin, and should bear a portion of the cost of improvement through assessments or fees. Facility BC Storm drain line BC protects against erosion of the east side of El Camino Real and will reduce siltation of Agua Hedionda Lagoon. This should be constructed With road maintenance funds since the primary benefit is road protection. Facilities BD - BN Facilities BD through BN are required by future development and will be constructed by future development or be financed by assessments or impact fees paid by new developments in the-tributary areas. Five debris basins are located to mitigate siltation of Agua Hedionda Lagoon accelerated by - 3 - IV-4 B. CONT'D new developments in these areas. C.Canyon De Las Encinas Watershed (Facilities CA - CM) Storm drain lines CA through CM are required by future development. Line CM also completes an existing storm drain system. No debris basins are proposed on the__p_remise tha^Trio lagoon is tnreatjTne3>,and that transport of silt to the beach is vital to beach sand replenishment. Several bridge and culvert structures on Encinas Creek may require more frequent maintenance due to siltation. These facilities will be constructed or financed by future development through assessments or impact fees. D. San Marcos Creek/8atiquitos Lagoon Watershed Facilities DA - DU Facilities DA through DU are required by future development.Line DA also upgrades an existing system in certain reaches downstream of the railroad. Lines DB and DG complete existing systems. Ten debris basins are proposed at various locations to control siltation of Batiquitos Lagoon. This basin is within Zone 1 of the San Diego County Flood Control District. A Comprehensive Plan was prepared for Zone 1 in 1976 by Koebig, Inc. This Master Plan differs from the Zone 1 Comprehensive Plan as follows: 1. The*1977 Carlsbad Land Use Element of the General Plan designate many watercourses as future open space which does not require pipe or channel storm drains. 1 2. Debris basins are proposed in this Master Plan as part of the facilities for individual drainage areas. These are required to mitigate the impact of siltation of the - 4 - Master Drainage and ter Quality nt Plan lifornia I CHAPTER 1 4 EXECUTIVE SUMMARY I I I I I A. Goals and Objectives This Master Drainage and Storm Water Quality Management Plan was commissioned by City Council in February of 1988. The purpose of the plan was to: 1. Reassess the storm drainage facility needs of the City and to update the 1980 Master Drainage Plan. 2. Incorporate the drainage facility needs of the southern part of the City which were formerly included in the County's Zone 1 Flood Control District. 3. Establish drainage facility costs, analyze viability of existing planned local drainage (PLD) fee areas, recommend changes to existing PLD fee areas, establish new PLD fee areas for the southern city area, allocate costs in accord with State Map Act and AB1600 requirements and establish new PLD area fees. 4. Provide new topographic mapping of the entire City at two foot contour intervals on printed mylar sheets and in digital format compatible with our new Geographic Information System (GIS) on computer. 5. Field review existing facilities for conformity with file plans and make recommendations on facility maintenance needs. 6. ReviewthesiltationandwaterquafityreqiiirementsoftheCityandmakerecommendationsfor additional measures to protect our sensitive riparian waterways and lagoons. Over the course of preparing the Master Plan, the Federal Government implemented new regulations which mandated strict water quality control requirements. These hew water quality regulations signifi- cantly altered the focus of the Master Drainage Plan. Whereas previous master drainage plan studies focused on storm water flood control measures, the new regulations shifted the focus to preservation and enhancement of storm water quality. This shift resulted in a significant re-evaluation of our previous Planned Local Drainage area fee concept. As a result, the numerous localized PLD fee areas were combined into four large PLD fee areas which coincide with the four drainage basins within the City. This reflects the Federal Government emphasis on preserving and protecting the water quality of receiving waters and not just of a few localized basins. In light of this new focus the title of this report was changed from Master Drainage Plan to Master Drainage and Storm Water Quality Management Plan. Master Drainage end Storm Water Quality Management Plan Chapter 1 Carfrbad. California. March 1994 Page 1 i The 100 year peak flows previously established for major creeks in the City of Carlsbad have been analyzed I for usage in the Master Drainage Plan Study as follows: a) BUENA VISTA CREEK - The 100 year peak flows have been established in the Special Flood Plain | Delineation Study. February 1978 by Nolte and Associates. The flow rates to be used in Master Drainage Plan are adopted from the 1978 Nolte study. i b) AGUA HEDIONDA CREEK - The 100 year peak flows have been established in the Special Flood Plain Delineation Study by Nolte and Associates in February 1978. I A Hydrological Study was conducted for Northeastern Carlsbad by Dr. Howard H. Chang b July 1989. The flow rates used in the Master Drainage plan assumed the discharges listed in the Nolte 1978 study ' for the reach upstream of the confluence point east of Oak Lake and the results of the Chang 1989 study downstream of the above mentioned point. The flows in the two studies vary by approximately 10%. I » * c) SANMARCOS CREEK- ThelOO year peak flows have been established in the FloodPlain Information g Study, April, 1971 by the U. S. Army Corps of Engineers, Los Angeles District. These flow rates have | been adopted by FEMA for the Federal Insurance Study for San Marcos Creek within the City of San Marcos. Corps of Engineers peak flows and inundation limits for the 100 year flow have also been used i without modification for the determination of adequacy of existing structures in the Comprehensive Plan I for Flood Control and Drainage - Zone 1, San Diego County Flood Control District by Koebig, Incorporated in July 1976. 1 "A hydrologic analysis by Boyle Engineering Corporation in July 1988 on the east branch of San Marcos Creek generally confirmed the U.S. Army Corps of Engineers flow rates. i Results of another hydrologic analysis by Willdan Associates in August 1988, for the San Marcos Creek — Flood Control Improvement Project on the main branch of San Marcos Creek upstream of Lake San I Marcos, were within 10 to 15 percent of those values in the Corps of Engineers study. The actual design dischargevaluesutili2edforthefloodcontrolchannelhydraulics,atthedirectionoftheCityofSanMarcos, ^ were the values from the Corps of Engineers study. | The 100 year flow rates to be used in the Master Drainage Plan for San Marcos will be adopted from the M Corps of Engineers study as follows: • At mouth into Pacific Ocean 5,000 CFS H Upstream from El Camino Real 12,000 Upstream from Rancho Santa Fe 13,000 d) ENCINITAS CREEK - The 100 year peak flows were established by the U. S. Army Corps of | Engineers, Los Angeles District in April 1971. Koebig, Incorporated developed peak flow rates for the Encinitas Creek basin in the July 1976 Comprehensive Plan for Flood Control and Drainage -Zone 1, San m Chapter 3 Master Drainage end Storm Water Quality Management Plan Page 16 Carlsbad, California, March 1994 1 Facility BFB North of Tamarack Avenue immediately east of El Camino Real, where channel velocities exceed 6 feet per second, an enhanced natural channel has been proposed. Drainage east and west of El Camino Real from Chestnut to Tamarack currently drains into an earthen channel and undeveloped lot at the southeast corner of El Camino Real and Tamarack Avenue. A 48" RCP pipe is proposed to route this water to line BF north of sedimentation basin BF1. Facility BG This proposed facility will carry drainage from future development areas located along the west side of El Camino Real opposite the Rancho Carlsbad Mobile Home Park.. / Facility BH These 36", 57" and 72" RCP lines are proposed to carry drainage from an area designated for residential development south and west of Carlsbad Village Drive and future College Boulevard south to Agua Hedionda Creek just north El Camino Real and future Cannon Road. The facilities include a 10,600 cubic yard sedimentation basin just prior to discharge into Agua Hedionda Creek. Facility BJ This line travels along future Cannon Road through an area zoned for residential development. It begins at the City of Carlsbad boundary and carries water from existing lines in the City of Oceanside's Leisure Village south and west to Agua Hedionda Creek just west of Rancho Carlsbad Mobile Home Park. It begins as large (63 " and 66") RCP and becomes an enhanced natural channel as it is joined by various branch lines. A sedimentation basin is proposed immediately upstream of Rancho Carlsbad Mobile Park. From this point, an 80 foot wide earthen channel is proposed to carry drainage to Agua Hedionda Creek. The City of Carlsbad does not choose to construct a narrower concrete channel in this area. It is possible that detailed design studies using other methods could determine a narrower section for this earthen channel. Facility BJA This is a 33" RCP line carrying drainage along the future College Boulevard to the enhanced natural channel of line BJ. Facility BJB An enhanced natural channel carries drainage through a portion of an area designated for residential development to a proposed sedimentation basin northeast of future Cannon Road and College Boulevard. This proposed sedimentation basin drains into an earthen channel of line BJ. Facilities BJBA, BJBB & BJBC Potential remedial work has been estimat natural channel flow velocities exceed 6 feet per second. Potential remedial work has been estimated in these open space zoned areas south of CalaveraLake where Appendix A Master Drainage and Storm Water Quality Management Plan Page 82 Carlsbad, California, March 1994 c COPY -•'--,-.;• -/ \VX"- - « ; ;•'• •-•• c. \~.ffn r-—o-/ - -.-—• •••. %•*,, x-. ••-. •, ~ _ . ': r-~ .•, £"-/••;-, f:~-• ' 'J-.i^-i^v'-^.. x-.. jS.,. r'.-^^.-i'-p^p ,-';- k-i-.--. > ./,-r--''''.'\'\ ™V V ^x S.J \ f~ '^ • -^^..c^.^...—^y/^-^^'jvc:;-' '^y&**~'<5r^.^ —^1^2^^^^^^^-^^^^^ ,,.^^,. N -Q"3fD.o \ ".^r STORM DRAIN LINE BJ DRAINAGE AREA B ITEM NO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ITEM * DESCRIPTION 63" RCP 6$"RCP CLEANOUTS CATCH BASINS HEADWALL DROP STRUCTURES (ENC) DROP STRUCTURES (ENC) DROP STRUCTURES (ENC) DROP STRUCTURES (ENC) POTENTIAL REMEDIAL WORK SEDIMENTATION BASIN EARTHEN CHAN (80)<6-2:1) DOUBLE 6'X4' RGB ESTIMATED QUANTITY 850 1.400 4 6 2 1 8 10 2 2 31,450 3,200 150 UNIT LF LF EA EA EA EA EA EA EA EA CY LF LF UNIT PRICE $191.00 $195.00 $3,050.00 $7,040.00 $2,500.00 $3,872.00 $4,576.00 $4,752.00 $5,280.00 $8,096.00 LS $225.00 $339.00 TOTAL, COST ! $162,350.00 $27$,pQQ.qQ $12,200.00 $42,240,00 $5,000.00 $3,872.00 $36,608.00 $47,520.00 $10,560.00 $16,192.00 $727,729.00 $720,000.00 $50,850.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 SUBTOTAL 15% CONTINGENCIES SUBTOTAL 10% ENGINEERING 10% LEGAL AND ADMIN TOTAL CONSTRUCTION COST . $2,108,121.00 $316,218.15 $2,424,339.15 $242,433.92 $242,433.92 $2,909,206.98 "iTY OF CARLSBAD - AGEND AB* /5, ^3 MTG. 'A/3./96 DEPT. ENG /'i'1 f~^> UILL _^k YA TITLE! AMENDING THE MASTER DRAINAGE AND STORM WATER QUALITY MANAGEMENT PLAN DEmiiJ. $M£l- CnYATTY. ($£? ' CriYMGR.'-^> OccO. * o \_l o2 Oo RECOMMENDED ACTION: Adopt Resolution No. _ approving a Negative Declaration for the amendment to the Master Drainage and Storm Water Quality Management Plan. 2.-Adopt Resolution No. 32 _ approving an amendment to the Master Drainage and Storm Water Quality Management Plan, dated March 1994. ITEM EXPLANATION: On September 13, 1994, the City Council adopted the Master Drainage and Storm Water Quality Management Plan, dated March 1094. The Master Drainage Plan addresses the financing and construction of needed major drainage facilities throughout the city. Excluded from the Master Drainage Plan were certain needed improvements which, in the opinion of staff, were considered the obligation of adjoining developments. One such facility is the Agua Hedionda Creek channel through the Rancho Carlsbad Mobile Home Park. This facility, constructed in the early WO's, was not designed to handle the 100-year flood flows at the City buildout as is required of current developments. Since existing developments are excluded from the requirement to pay drainage area fees, the inclusion of the improvements necessary to bring the existing mobile home park channel into compliance with current standards would have unfairly burdened those property owners who are required to pay the City's drainage area fees. Recently, the park was purchased by the Carlsbad Resident Association (CRA) with the hope of converting to condominium ownership. When considering the conversion, the City is authorized pursuant to State law to require any improvements necessary to mitigate existing health and safety conditions. The State law limits the City's ability to require only those improvements which are necessary to mitigate existing health and safety concerns. Because the park is within the 100-year flood plain, CRA was required to submit hydrology reports on flooding of the park. The reports concluded that, at buildout, flooding beyond the 50-year frequency could be expected and recommended various improvements as mitigation. The study also concluded that, considering the upstream undeveloped condition, immediate construction is not necessary. The proposed improvements that staff agreed to are beyond the ability of the residents to construct The CRA has requested that the City amend the Master Drainage Plan to include the proposed mitigation and has agreed to contribute the estimated amount for the mitigation. By including the flood control improvements in the Master Drainage Plan, which are consistent with the City's General Plan and by the CRA contributing the estimated amount for the improvements, the conversion can go forward with an acceptable form of mitigation to the existing health and safety issue. The City will place the money in a trust account to cover the specific cost of the improvements, and create a mechanism to includcthe improvements in the City's Capital Improvement Program. ENVIRONMENTAL REVIEW: The Master Drainage and Storm Water Quality Management Plan, as amended, is a long-range Planning Department document for major drainage and storm water quality improvement facilities. The Planning Director has determined that, based on the initial study, no significant environmental impacts will result from this project and, therefore, a Negative Declaration was issued on October 24. 1996. Page 2 of Agenda Bill No. /3 FISCAL IMPACT: Approximately $325,000 will be contributed by the Carlsbad Resident Association as flood mitigation. The improvement to the Agua Hedionda Creek has been estimated to be the same approximate amount. No specific design has been approved or evaluated at this time. The contributions for the Agua Hedionda Creek will be placed in an account to be used specifically for the intended improvements. The inclusion of the mobile home park facility into the Master Drainage and Storm Water Quality Management Ran will, therefore, be offset by the contributions. EXHIBITS: 1. Resolution No. %" Ho 2-approving the Negative Declaration for the Amendment to theMaster Drainage and Storm Water Quality Management Ran. 2. Resolution No.9irJ/o2 approving an Amendment to the Master Drainage and Storm Water Quality Management Plan, dated March 1994. 3. Letter from Carlsbad Resident Association (CRA) dated November 4, 1996, requesting that the facility be included in the Drainage Master Plan: 4. Letter from Carlsbad Resident Association (CRA) dated November 4, 1996, agreeing to pay the established drainage contribution. 5200 EL CAMINO REAL • CARLSBAD. CA 92008.3898 November 4,1996 Robert Wojcik, P.E. City of Carlsbad Engineering Department 2075 Las Palmas Drive Carlsbad, CA. 92009 Dear Mr. Wojcik: Rancho Carlsbad Partners, owner of Rancho Carlsbad Country Club Estates, hereby formally requests that the City Engineer amend the Master Drainage and Storm Water Quality Management Plan to include the Rancho Carlsbad segment of Aqua Hedionda Creek as a designated flood control facility. It is our understanding that the inclusion of Agua Hedionda Creek in the Master Drainage Plan will serve as an acceptable form of mitigation to public health and safety which will allow our RMHP and Subdivision applications to go forward. We also anticipate dedicating the necessary easements to the City to accommodate required improvements to both the Agua Hedionda Creek and Lake Calavera Creek channels. Legal descriptions of these easements have already been submitted to your office by Manitou Engineering. Very truly yours, : Anderson, President Carlsbad Resident Association Steven Weed Carlsbad Partners '. Sue Loftin, Esq. Carlsbad Partners ADMINI STR ATION PHONE: (619)438-0333FAX: (619)438-1808 PHONE : (81 9)438-0237 FAX: (£18)438-4895 SOLF PHONE: (61 9)438-1772 FAX: (619)438-1808 EXHIBIT 4 S200 EL CAMINO REAL • CARLSBAD, CA 92008-3899 November 4,1996 Robert Wojcik, P.E. City of Carlsbad Engineering Department 2075 Las Palmas Drive Carlsbad, CA. 92009 Dear Mr. Wojcik: As part of our request made by separate letter to amend the City's Master Drainage and Storm Water Quality Management Plan, Rancho Carlsbad Partners, the owner of Rancho Carlsbad Country Club Estates, agrees to contribute $3380 per acre for the approximately 95 acres of useable land in Rancho Carlsbad (exact acreage to be . determined) for drainage improvements. We understand that this contribution will offset the cost of proposed improvements to Agua Hedionda Creek. We also agree to offer the appropriate dedications to facilitate the construction, maintenance, and use of the creek as a City Drainage improvement. Our offers to dedicate land and to contribute monies as mentioned above presuppose that the subdivision of Rancho Carlsbad Country Club Estates will be approved and completed. Thank you for your attention to this matter. yours, Anderson, President Carlsbad/ft.esident Association Steven Weed Carlsbad Partners L. Sue Loftin, Esq. Carlsbad Partners AD M I N 1ST RAT I ON PHONE: (616)436-0333 FAX: (61 9)438- 1 808 SALES PHONE: {619)438-0237 FAX: (619)438-4895 GOLF PHONE: (619)438-1772 FAX: (619)438-1808 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. 96-A03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD. CALIFORNIA, APPROVING AN AMENDMENT TO THE MASTER DRAINAGE AND STORM WATER QUALITY MANAGEMENT PLAN DATED MARCH 1994. WHEREAS, a report entitled "Master Drainage and Storm Water Quality Management Plan" was completed in March, 1084 and is incorporated by reference to this resolution (hereinafter referred to as the "Master Drainage Plan"); and WHEREAS, the Master Drainage Ran estimates the capital costs of construction of improvements to implement the City's Storm Drain Program; and WHEREAS, fees to implement the construction of various storm drain improvements are set forth in the Master Drainage Plan; and WHEREAS, Rancho Carlsbad Mobile Home Park has requested that improvements to the Agua Hedionda Creek be included in the Master Drainage Plan; and WHEREAS, Rancho Carlsbad Mobile Home Park has agreed to dedicate Agua Hedionda Creek as a public drainage facility; and WHEREAS, costs to construct those improvements to the Agua Hedionda Creek have been estimated to be similar to the established drainage area fee; and WHEREAS, Rancho Carlsbad Mobile Home Park has agreed to contribute the estimated amount for these improvements; and WHEREAS, Exhibit "A", attached, was prepared to describe the improvements; and WHEREAS, Exhibit "B", attached, was prepared to estimate costs of the improvements; and WHEREAS, the City Council has found the proposed amendment to the Master Drainage Plan is required for proper development of the mobile home park; and WHEREAS, the City Council has found the proposed amendment to the Master Drainage Ran is consistent with the City's General Ran. 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 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 amendments describing the improvements and estimating the costs thereof, on Exhibits "A* and "B° to the Master Drainage and Storm Water Quality Management Plan dated March 1994 on file with the City Engineer, are hereby approved. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 3rd day of December , 1996 by the following vote, to wit AYES: Council Members Lewis, Nygaard, Kulchin, Hall and Finnila NOES: None ABSENT: None ATTEST: J. ALETHALUTENKFtoNZ, City Clerk (SEAL) EXHIBIT "A" MASTER DRAINAGE and STORM WATER QUALITY MANAGEMENT PLAN FACILITY " BMA" DESCRIPTION: Facility BMA Storm water attenuation is required to bring the existing drainage channel into conformity with current design standards. Berms, levees, or other features such as detention areas will be used to contain the 100 year flood under build out conditions for the contributing drainage basin. STORM DRAIN LINE BMA DRAINAGE AREA B ITEM NO 1 -. 2 • 3 4 5 6 7 . 6 9 10 11 12 13 1'4 ;, 15 , :16 f 17 18 19 ITEM DESCRIPTION LEVEES FLAP OATES ARMOR PROTECTION , WATERPROOFING EARTH BERM ADDITIONAL LEVEE , V > '' ., > ' ' > ESTIMATED QUANTITY 19,000 i s < 1 > 2,000i,5bo , j * > * UNIT SF LS LS LS CY SP i i s j J v UNIT PRICE $10.00 > v "• ( $2.50:° $10.00 " fl * » , ,. ', TOTAL COST $190,000.00 $15,000.00 $10,000.00 „ $5,000.00 $5,000.00 $15,000.00 $0.00 , $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 SUBTOTAL $240,000.00 15% CONTINGENCIES $36,000.00 SUBTOTAL $276,000.00 10% ENGINEERING $27,600.00 LEGAL AND ADMIN $21,400.00 TOTAL CONSTRUCTION COST $325,000.00 V... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 | I 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4033 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF TENTATIVE PARCEL MAP NUMBER MS 96- 08 TO CONVERT A 504 SPACE MOBILEHOME PARK INTO AN AIRSPACE, RESIDENT-OWNED CONDOMINIUM ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF EL CAMINO REAL (WHICH RUNS EAST TO WEST IN THIS AREA) AT RANCHO CARLSBAD DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 15. CASE NAME: RANCHO CARLSBAD MOBILEHOME PARK CASE NO.: MS 96-08 WHEREAS, Carlsbad Resident Association, Inc., "Developer", has filed a verified application with the City of Carlsbad regarding property owned by Carlsbad Resident Association, Inc., Carlsberg Rancho, LTD, Brookdale Terrace Building Company, and Oak Shadows Building Company, "Owner", described as A portion of Lot "B" and Lot "E" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, per map thereof No. 823, filed in the office of the County Recorder of said county, November 16,1896 ("the Property"); and WHEREAS, said verified application constitutes a request for a Tentative Parcel Map as shown on Exhibits "A" - "Z" dated December 18, 1996, on file in the Planning Department Tentative Parcel Map (MS 96-08), as provided by Chapter 20.24 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 18th day of December 1996, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Tentative Parcel Map. 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 WHEREAS, on December 18,1996, the Planning Commission recommended approval of, MS 96-08, as described and conditioned in Planning Commission Resolution No. 4033. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of Tentative Parcel Map MS 96-08, based on the following findings and subject to the following conditions: Findings: That the Planning Director has determined that the Tentative Parcel Map for the conversion of a mobilehome park to condominium ownership is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 21080.8 of the state Public Resource Code (CEQA) and will not have any adverse significant impact on the environment. The Planning Commission finds that the project, as conditioned herein for compliance with residential mobilehome park zoning and in conformance with Exhibits "A" - "Z", is in conformance with the Elements of the City's General Plan, based on the following: a. Land Use - The Rancho Carlsbad Mobilehome Park existed in the City of Carlsbad prior to the establishment of the Carlsbad Growth Management Plan. The densities of the park were incorporated into the Zone 15 Local Facilities Management Plan, and all necessary facilities and services to serve the existing park are in place. At 6.22 dwelling units per acre, the RM designated parcels are slightly above the growth control point of 6 du/ac for the property, but within the General Plan density range of 4 to 8 du/ac. Additionally, the RLM designated parcel at zero dwelling units per acre is ' well below the growth control point of 3.2 du/ac for the property. The project contains 504 total mobilehome spaces which is below the 540 total mobilehome spaces permitted on the site under the General Plan. Therefore, at 504 spaces, the project is 36 units below the Growth Management dwelling unit allowance for the project and is consistent with the allowed density and land use designations of the General Plan. b. Circulation - As required in the Carlsbad General Plan, the applicant has agreed to dedicate College Boulevard where the roadway traverses the PCRESONO.4033 -2- project site. College Boulevard is designated as a major arterial in the General Plan. Major arterials are designed with a 102-foot right-of-way, with a raised median. The dedication of College Boulevard right-of-way is a condition of project approval. 4 c. Housing - Consistent with the mobilehome park conversion objectives of the Housing Element (Programs 1.2 and 1.3), the conversion of the mobilehome 5 park to condominium ownership will not result in the displacement of existing residents, in that all residents will have the option of continuing to rent their spaces under existing leases, or rental agreements, or under new _ leases to be offered by the park owner. As indicated in the required Tenant Impact Report (TIR), the Rancho Carlsbad Mobilehome Park is not being g closed, and its residents are not being asked to vacate the property; rather, residents are being offered the choice of acquiring fee title of their individual 9 spaces, or continuing to rent their spaces under substantially the same terms as they have in the past. , , Although it has been determined that Chapter 21.85 (Inclusionary Housing Ordinance) does not apply to the conversion of an existing mobilehome park, 12 approximately 65 of the 504 spaces (or 12.9%) of the spaces will be rented/owned by existing lower income residents. State and local financial 13 assistance may be obtained to assist the existing residents of the 65 spaces to rent/buy their space as an affordable space.14 15 3. The project is consistent with the City's General Plan since the proposed density of 6.22 du/acre of the RM designated portion of the site is within the density range of 4 to 8 16 . du/acre specified for the site as indicated on the Land Use Element of the General Plan, and the project at 504 dwelling units is 36 dwelling units below the Growth Management Dwelling unit allowance of 540 dwelling units for the property. As 17.93 acres of the site is designated for RLM densities (0-4 du/ac) and has been developed with no units and contains recreational and RV storage facilities to serve the mobilehome park, the project will not exceed the dwelling unit allowance for the project 20 4. That the street system serving the proposed project is adequate to properly handle all traffic generated by the existing use, in that the approximately 1,512 ADT generated _„ by the project are existing trips, which currently are adequately handled by the existing circulation system. 23 5. The project is consistent with the City- Wide Facilities and Improvements Plan, the 24 . applicable local facilities management plan and all City public facility policies and ordinances since: 25 The project has been conditioned to ensure the building permits will not be issued for the project unless the District Engineer determines that sewer service is 27 available, and building cannot occur within the project unless sewer service 28 PCRESONO.4033 -3- 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 • • remains available, and the District Engineer is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. b. All necessary public improvements have been provided or are required as conditions of approval. c. The Developer has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. 6. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 15. 7. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 15. 8. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the McClellan-Palomar Airport, dated April 1994, in that, as conditioned the applicant shall record a notice concerning aircraft overflight, sight and sound. The project is compatible with the projected noise levels of the CLUP; and, based on the noise/land use compatibility matrix of the CLUP, the proposed land use is compatible with the airport, hi that the project is located outside of the 60 dBA CNEL for the airport. 9. That the proposed map and the proposed design and improvement of the subdivision is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the applicant has offered to dedicate easements and enter into an agreement with the City to contribute monies to mitigate any flood hazard from the Agua Hedionda or Calavera Creeks in compliance with the City's Master Drainage Plan. 10. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act). 11. That the City Manager is authorized to enter into and sign an agreement with the applicant to^iWgate ^h^jlflod4iazaxd_p£r_Jhe^mendment to the Master Drainage Plan, taking into account the following criteria: a. The immediacy of need; b. The availability of other funding that can then be reimbursed; PCRESONO.4033 -4- LfmP ^tfffr^: /-7»l»//Mj 1 c. The fiscal viability of the applicant; 2 d. Significant, upstream development; 3 e. The cost of construction of the mitigation; 4 f. The maximum amount of time for contributions is to be ten years from the , recordation date of the parcel map. ^ 12. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed 7 to mitigate impacts cause by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 8 13. That MS 96-08 complies with the California State Map Act Section 66428.1(1) which 9 states, in part, that the number of condominium units or interests created by the „ conversion shall not determine whether the filing of a tentative parcel and parcel map or tentative and final map shall be required and that the City Engineer is, 11 therefore, authorized to approve the parcel map. 12 14. The tentative parcel map is consistent with the provisions of Title 21 and that all approvals and permits required by Title 21 for the project have been given or have 13 been issued. 14 Planning Conditions: 1. The Planning Commission does hereby RECOMMEND APPROVAL of the Tentative 16 Parcel Map for the project entitled MS 96-08 Exhibits "A"-"Z" dated December 18, 1996 on file in the Engineering Department and incorporated by this reference, subject to 17 the conditions herein set forth. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Tentative Tract Map *° documents), as necessary, to make them internally consistent and hi conformity with .Q final action on the project. Development shall occur substantially as shown hi the approved Exhibits. Any proposed development substantially different from this approval, 20 shall require an amendment to this approval. 21 2. Approval of MS 96-08 is granted subject to the approval of ZC 96-04 and RMHP 96-01. MS 96-01 is subject to all conditions contained in RMHP 96-01 for the Residential Mebilehome Park Permit. 23 Engineering Conditions: 24 NOTE: Unless specifically stated in the condition, all of the following engineering conditions 25 upon the approval of this proposed minor subdivision must be met prior to approval of a parcel map. 26 27 28 PC RESO NO. 4033 -5- 1 3. The developer shall provide the City with the approved tentative parcel map. The map shall be to scale on a reproducible 24" x 36" xerox mylar or photo mylar. It shall reflect 2 the conditions of approval by the City. The reproducible shall be submitted to the City Engineer, reviewed and signed by the City's project engineer and project planner prior to submittal of the building plans, final map, improvement or grading plans, whichever 4 occurs first. 5 4. The net developable acres shall be shown for each parcel. 6 5. There shall be one parcel map recorded for this project. 7 6. The developer shall provide an acceptable means for maintaining the private easements g within the subdivision and all the private: streets, sidewalks, street lights, storm drain facilities and sewer facilities located therein and to distribute the costs of such 9 maintenance in an equitable manner among the owners of the properties within the subdivision. Adequate provision for such maintenance shall be included with the CC&Rs subject to the approval of the City Engineer. 7. The developer shall defend, indemnify and hold harmless the City and its agents, officers, 12 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 13 Planning Commission or City Engineer which has been brought against the City within the time period provided for by Section 66499.37 of the Subdivision Map Act. 13 8. The owner shall record a deed restriction on the property which relates to the existing onsite drainage condition. The deed restriction document shall be in a form acceptable 16 to the City Engineer and shall: 17 a. clearly delineate the limits of the 100 year flood plain; 18 b. state that the onsite drainage system shall be maintained in perpetuity by the j g underlying property owner unless accepted in writing by the city; and 20 c. that all future use of the property within the 100-year floodplain will not restrict, impede, divert or otherwise alter drainage flows in a manner that will result in 21 damage to the underlying and adjacent properties or the creation of a public .- nuisance.2.2. 23 9. The owner of the subject property shall execute an agreement holding the City harmless regarding drainage within the boundaries of this subdivision. 24 10. The applicant shall deposit monies, as required by the City Council, to mitigate health and safety issues related to the flood hazards in the mobilehome park. 26 11. The applicant shall enter into an agreement with the City to contribute monies to 27 mitigate any flood hazards. 28 PCRESONO.4033 -6- 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 12. The owner shall make an offer of dedication to the City for all public streets and easements described herein or shown on the RMHP / TENTATIVE PARCEL MAP. The offer may be made by a separate document or by a certificate on the parcel map for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. Offer of Dedications are: (1) Lake Calavera Creek; (2) Agua Hedionda Creek; (3) College Boulevard; and (4) Construction, access, and slope easements that are part of the above mentioned easements. 13. A covenant of easement for the benefit of parcel "A" shall be recorded over Parcel "C" and the remainder parcel for a minimum 20 foot wide future secondary access to Rancho Carlsbad Mobilehome Park, all to the satisfaction of the City Engineer. 14. Direct access rights for all lots abutting El Caraino Real shall be waived on the parcel map. 15. Prior to approval of the Parcel Map the applicant shall receive approval of a Flood Evacuation Plan that addresses the concerns of safety throughout the mobilehome park. The Plan shall be reviewed by Police, Fire and Engineering Departments and shall be approved by the City Engineer. 16. Notes to the following effect shall be placed on the parcel map as non-mapping data: a. All existing improvements within the park are private and are to be privately maintained by the homeowners association. The improvements and property located within the areas offered for dedication are to be maintained by the homeowners association until such offers are accepted by the City and the maintenance responsibilities therefore are accepted by City Council Action. b. This subdivision contains a remainder parcel. No building permit shall be issued for the remainder parcel until it is further subdivided pursuant to the provisions of Title 20 of the Carlsbad Municipal Code. c. Building permits will not be issued for development of the subject property unless the District Engineer determines that sewer facilities are available. d. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any damages caused by the drainage system and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. 17. A Special Use Permit is required for further development, alteration or modification of any lots or units within the floodplain as shown on exhibit "GG" of these PCRESONO.4033 -7- 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 0^/j 24 25 26 27 28 • • conditions. 18. The tentative parcel map approval shall expire twenty-four (24) months from the date of the final decision for tentative map approval. 19. The City Engineer has reviewed each of the exactions imposed on contained in these conditions of approval, and hereby finds, in this exactions are imposed to mitigate impacts caused by or reasonably related and the extent and degree of the exaction is in rough proportionality to the by the project. the developer case, that the to the project, impact caused PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 18th day of December 1996, by the following vote, to wit: AYES: Chairperson Compas, Commissioners Monroy, Welshons NOES: None ABSENT: Commissioners Heineman, Noble and Savary ABSTAIN: None hi fa $ ^^^^^9^*^WILLIAM COMPAS, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: , ^ . ^\I\I\MJ&W$&~^!\\W^ MICHAEL J. HOLZMILLER Planning Director PCRESONO.4033 -8- Nielsen and 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 PLANNING COMMISSION RESOLUTION NO. 4032 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF THE CONVERSION OF A RESIDENTIAL MOBILEHOME PARK AND ISSUANCE OF RESIDENTIAL MOBILEHOME PARK PERMIT RMHP 96-01 ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF EL CAMINO REAL AT RANCHO CARLSBAD DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 15. CASE NAME: RANCHO CARLSBAD MOBILEHOME PARK CASE NO.: RMHP 96-01 WHEREAS, Carlsbad Resident Association, Inc., "Developer", has filed a verified application with the City of Carlsbad regarding property owned by Carlsbad Resident Association, Inc., Carlsberg Rancho, LTD, Brookdale Terrace Building Company, and Oak Shadows Building Company, "Owner", described as A portion of Lot "B" and Lot "E" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, per map thereof No. 823, filed in the office of the County Recorder of said county, November 16,1896 ("the Property"); and WHEREAS, said verified application constitutes a request for a Residential Mobilehome Park Permit as shown on Exhibits "A" - "Z" dated December 18,1996, on file in the Planning Department, RMHP 96-01, Rancho Carlsbad Mobilehome Park as provided by Chapter 21.37 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 18th day of December 1996, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of persons desiring to be heard, said Commission considered all factors relating to the Residential Mobilehome Park Permit. 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 11. 12. 13. 14. 15. Each of the tenants of the proposed condominium development has been or will be given notice of exclusive right to contract for the purchase of their respective site upon the same terms and conditions that such site will be initially offered to the general public, or terms more favorable to the tenant. The right shall run for a period of not less than 180 days from the date of subdivision issuance of public report as provided for in Section 11018.2 of the Business and Professional Code in that as provided for in the Tenant Impact Report for Rancho Carlsbad Country Club Estates, dated February 20, 1996, (see Exhibit "X") each tenant will be given notice of exclusive right to contract for the purchase of their respective site upon the same terms and conditions that such site will be initially offered to the general public or terms .more favorable to the tenant. The right shall run for a period of not less than 180 days commencing on the issuance and delivery of the Final Public Report by the Department of Real Estate, during which the resident shall have the exclusive right to decide whether to purchase a condominium interest or whether to continue to rent his or her space. Pursuant to Section 2137.120(1) of the Carlsbad Municipal Code, CC&Rs will be prepared and submitted for review and approval by the Planning Director. That the Rancho Carlsbad Mobilehome Park does not comply with the development standards of Chapter 21.37 of the Carlsbad Municipal Code, however, as provided for in Section 21.37.030 of the Carlsbad Municipal Code, the Planning Commission must recommend and City Council must approve the waiver of the development standards for the conversion of existing mobilehome parks providing that the mobilehome park shall remain substantially in conformauce with the existing facility. The Planning Commission finds that Rancho Carlsbad Mobilehome Park will remain substantially in conformance with the existing facility. That the proposed conversion to condominium ownership will not adversely impact either the Rancho Carlsbad residents or the City. That improvements proposed in the Master Drainage Plan will reduce flooding impactsand .improve drainage to_jhejnobjlehome park. Portions of the Rancho Carlsbad Mobilehome Parkfare located within the 100 year floodplain as identified by the Federal Emergency Act (FEMA). As provided in the Subdivision Map Act, the City is authorized to require any improvements necessary to mitigate existing health and safety conditions. Because health and safety conditions exist (flooding), mitigation of the fjnnding_impacts_ba^heen required as a condition of project ajp^waTr~TcrTaciHtate^themitigatign^of flooding impacts, the City has agreed to include the site~mtoeaster^ra^ag§_PJwindyhj^Ucants have agreed to the conlriDution'g^mgniesriestimated to be $318.000.QO_oyer !Qj)vear~periodT'Iiir addition, the applicant has agreed to provide easement dedications lor Lake Calavera Creek and Agua Hedionda Creek drainage channels to permit the City to pmsuant_tg_tbe Master Drainage Plan.mitigate _ The^e^mprovements^wiirbenefit the owners of the mobilehome park by reducing flooding impacts and improving drainage to the park. PCRESON0.4032 -5- 01/09/1997 19:25 619-535938L ATTORNEY OFFICE PAGE 02 Uw Omen or 433O LA JOLLA VlLLAOE Sum 33O SAN DIEOO. CALIFORNIA O2 I 2Z*62O3 <OI»> 535-O38O FAC»MILK: <O I O) 835-036. I c MAIL: LLorrm I B2@Aoi.cOM January 9,1997 VIA FACSIMILE & U.S. MAIL Teresa A. Woods, Planning Dept Clyde Wickman, Engineering Dept. City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-1576 *V —,. RE: RANCHO CARLSBAD COUNTRY CLUB ESTATES Resolution! 4032 & 4033 City Coancil Hearing Date: January 21,1997 Time: 6:00 pan. Items: Unknown at this time FILE NO.: RC-451 Dear Tern and Clyde: The purpose of this correspondence is list the items contained in the above referenced resolution which the Applicant/Developer considers unresolved and as drafted, unacceptable. The purpose of this correspondence is not to restate our discussions and agreements. The format of this letter will be by topic reference to the resolution number and by specific comment to the item number of the conditions under the applicable resolution number. The changes to existing condition language are evidenced as follows: 1) additions are in Italics; and, 2) deletions are underlined and contained in brackets ("[ ]"). Note that the bold words in the conditions are copied from the conditions as drafted. •*- I. Resolution number 4032: A. Planing Conditions: 1. ITEMM: a) DiSCTSHiOfln It is our understanding *hn* if the placement of 01/89/1997 19:25 619-5359381 ATTORNEY OFFICE PAGE 03 Teresa Woods & Clyde Wickham January 9, 1997 ~~-\_ Page 2 \ a permanent foundation does not require the movement of the home but does require a permit, then the mobilehome will not have to be brought into compliance with Title 25 when the mobilehomet has been deemed a lawful non-conforming building. See, Resolution 4031, Item 22. • b. , Requested Conditions: 23. Prior to issuance of a building permit for any coach (including permanent foundations, if said foundations require the coach be moved) a coach must be in compliance with all standards of Title 25. II. Resolution Number 4032: ^7 n ^J^ •? A. Findings: 1.TTEM11: a) Background; The^ip|EcanTdid not, and does not, believe that there is a substantial health and safety issue with regard to~9o^ding on the property ia Ac property's current condition and the adjacent property's current condition. However, to remove this hurdle to receiving a finding by staff that the Applications were complete, the Applicant made, in summary, the following offer: 1) dedications as set forth in the Engineering Conditions, Item 12; 2) hold harmless agreement which shall be discussed hereinbelow, and, 3) payment of S318,000 over a ten (10) year period of time. This was a package offer in that if any piece is substantially altered the Applicant does not agree to the other acceptable pieces of the offer. b) Requested Finding 11! That the City Manager is authorized to enter into and sign an agreement with the applicant to mitigate the flood hazard per the amendment to the Master Drainage Plan, taking into account the following criteria: a. The sum of the payment shall be $318,000; b. The payment shall be made in ten (10) equal installments [$31,800] -with the first installment due one (1) year after the date the first month homeowners' association dues are collected. 01/09/1997 19:25 619-5359381 ATTORNEY OFFICE RAGE B4 Teresa Woods & Clyde Wickham January 9, 1997 PageS c. Applicant shall include this obligation has a disclosure in the Conditions, Covenants and Restrictions governing the project. Mt ftffopgh f. are deleted] B. Engineering Conditions: 1. ITEMS 8H- « 16 d.! Hold a) Background: The Applicant offered a hold hannless agreement as a means of resolving the differences in the positions of the Staff and of the Applicant regarding •whether there •was a significant health and safety flood issue. The offer was to hold the City hannless from flooding -within the park interior parameters during the time the park and the adjacent property remained the same for a ten year period of time. When the City developed Lake Calavera Creek or when upstream development occurred, the hold harmless would cease except as • to the drainage system, exclusive of the two creeks, on die interior park property. At no time did the Applicant offer to hold the City hannless against the development consequences of adjacent landowners nor will the Applicant agree to hold the City harmless during the time the City at the City's direction in all matters develops either creek. The City's policy is to not accept dedications until the improvements are done and approved and therefore, the Chy does not accept liability for that time frame. The consequence is that the Applicant who will have no say in the design of the flood improvements, the contractors hired or any other related matter would be liable for any damage created by the implementation of the drainage plan. This is totally and completely unacceptable. Furthermore, subsequent to the offer of the hold hannless agreement, Applicant has agreed to the dedications and the payment of improvement fees, fees which the Applicant believes are factually unwarranted and legally impermissible. b) Requested Conditions: i) ItemS.b.: State that the onsfte drainage system, excluding the proposed dedications contained in condition, Item number 12 of this resolution, shall be maintained in perpetuity by the underlying property owner unless accepted in writing by the city; and ii) Item 9. : The owner of the subject property shall execute an agreement holding the City harmless regarding the onsite drainage system within the boundaries of this subdivision, excluding specifically but not exclusively any improvements, alterations or changes upstream or to Lake Calavera Creek, Agua Hedionda Creek or College Boulevard. 01/89/1997 19:25 619-5359381 ATTORNEY OFFICE PAGE 85 Teresa Woods & Clyde Wickham January 9,1997 Page 4 iii) Itcml6.d.: The owner of the subject property on behalf of itself aid all of its successor in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any damages caused by the onsite drainage system. jJJelete? the h^anqc of ifop g^ntSPC(i1 2. ITEM 13 a) pigcnssiniv Under the subdivision map act, the City can not require an easement on a remainder parcel. b) Requested condition! *A covenant of easement for the benefit of parcel "A shall be recorded over Parcel "C" [djlctti p°A. ^e T6irB1t1^ftr parcel] for a minimum 20 foot wide future secondary access to Rancho Carlsbad Mobilehome Park, all to the satisfaction of the City Engineer. If you have any questions regarding the above, please feel free to call Lee Anderson, Steve Weed or myself. Si cc: Mayor Bud Lewis Council Persons Lee Anderson William Geary Abraham Ken Steve Weed January 14, 1997 FOR THE INFORMATION OF THE CITY COUNCIL " DATE CITY MANAGER TO: CITY MANAGER GpT VIA: W COMMUNITY DEVELOPMENT DIRECTOR FROM: Planning Director SUBJECT: STAFF RESPONSE TO RANCHO CARLSBAD LETTER OF JANUARY 9, 1997 (ATTACHED) The Planning and Engineering Departments have reviewed the L. Sue Loftin letter dated January 9, 1997, regarding proposed changes to Planning Commission Resolutions No. 4032 and 4033 for Rancho Carlsbad Mobilehome Park (ZC 96- 04/RMHP 96-01 /MS 96-08). Staff does not support the applicants requests regarding the Title 25 issue and the health and safety issues associated with the mobilehomr park. Each of Loftin' s proposals are presented below followed by a brief staff response. * ' A. PLANNING ISSUE The following is a summary of staff's comments on the Planning issue raised in the L. Sue Loftin letter. 1. Resolution No. 4032. Planning Condition No. 23 The Rancho Carlsbad Mobilehome Park is subject to two types of development standards: 1) requirements of the Carlsbad Municipal Code; and 2) requirements of Title 25, California Code of Regulations. The applicants have requested that requirements of Title 25, (Planning Condition No. 23) be waived similar to development standards of Chapter 21 .37 of the Carlsbad Municipal Code (Planning Condition No. 22). Planning Condition No. 22, of Resolution No. 4032, addresses buildings that are non-conforming due to inadequate yards, which are issues of the Carlsbad Municipal Code. The Rancho Carlsbad Mobilehome Park contains approximately 26 structures that are non-conforming due to inadequate front and street side yards as required pursuant to Chapter 21.37 of the Carlsbad Municipal Code (see Exhibit "FF"). Title 25 does not address front and street side yards, therefore, these non-conformities are strictly issues of the Carlsbad Municipal Code. Development standards of Chapter 21.37 (such as front and street side yards) may be waived pursuant to the Carlsbad Municipal Code. Planning Condition No. 22 permits the non-conformities of front and street side yard to remain, thereby waiving strict compliance with the development regulation of the RMHP Zone. STAFF RESPONSE TO RANCHO CARLSBAD LETTER OF JANUARY 9, 1997 JANUARY 14, 1997 PAGE 2 Planning Condition No. 23, of Resolution No. 4032, addresses Title 25 non- conformities. The City does not have the ability to waive the California Code of Regulations Title 25, and therefore, has conditioned this project to comply with all Title 25 requirements. Although Title 25 does not address front and street side yards, it does address interior side and rear yards (building separation). The project has been conditioned to remediate the existing Title 25 building separation non-conformities, as shown on Exhibit "CC". Other Title 25 non-conformities within the park, include the location of gas meters, location and size of storage enclosures and use of combustible awnings. Condition No. 23 provides that no building permits will be issued for a coach unless it is in compliance with all Title 25 requirements. Staff Recommendation: Staff recommends that Condition No. 23 of Resolution No. 4032 remain as stated. „ B. ENGINEERING ISSUES ' The following is a summary of staff's comments on the Engineering issues raised in the L. Sue Loftin letter. BACKGROUND The 504-unit mobilehome park was constructed in 1971. Previous history and letters from park residents have documented a flooding condition to occur within the Rancho Carlsbad Mobilehome Park. There are two major drainage channels that affect this development; one on the north side of the park (Lake Calavera Creek), and the other running through the middle of the park (Agua Hedionda Creek). The Agua Hedionda Creek is considered undersized to adequately handle upstream flows. The Lake Calavera Creek is also considered undersized, but is adjacent to an agricultural flood plain (Robertson Ranch). Drainage fees are being collected to improve the Lake Calavera Creek channel because -it is a facility included in the Master Drainage Plan. The Federal Emergency Agency (FEMA) flood plain map, indicates that approximately one hundred of the existing homes lie within the 100-year flood plain of the Agua Hedionda Creek. Therefore, staff has recommended some form of mitigation for this health and safety finding. The Resident Association disagrees with this finding. However, to move their project forward they offered to request an amendment to the City's Master Drainage Plan to include a facility to mitigate the health and safety issue. City Council recently approved that amendment. STAFF RESPONSE TO RANCHO CARLSBAD LETTER OF JANUAHY 9, 1997 JANUARY 14, 1997 PAGE 3 As part of the association's offer, they would pay for the fees for this facility. They requested a 10-year payment plan which could not be administratively approved by staff but which could be authorized by City Council. Therefore, staff worded the payment requirement in such a way to permit Council discretion on the payment plan. PUBLIC HEALTH AND SAFETY ISSUE As part of the RMHP application, the project engineer submitted a hydrology report (1991) for the flood plain boundary of Agua Hedionda Creek. From this report staff asked for additional information and possible mitigation. A few months later an additional report (May 1996} titled: "Flooding Issues Related to Agua Hedionda Creek for Rancho Carlsbad Mobile Home Park" was submitted. This report reiterated the previous report's findings and provided some additional facts: 1. : The existing channel is undersized to carry the 100-year flood; ' 2. The existing channel exceeds its capacity at the approximate 50-year period; 3. The depths of flow in the overbank regions are between 0' to 2.5'; 4. The main access, Rancho Carlsbad Drive, is flooded to a depth of 1.24' during the 100-year flood and levees are recommended as an immediate improvement; 5. The velocity of flood water within the park is less than 2.31 feet per second; and 6. . The duration of the 100-year flood is estimated to be less than 2 hours. From these reports and from documents associated with this project, staff believes that there is a significant health and safety issue associated with this mobilehome park. With this as a point of disagreement, the project has been carried forward. The resolutions and conditions of approval represent a carefully worded position from which staff can support this project. 1. Resolution No. 4033. Finding No. 11 Staff believes the applicant made a mistake and meant to refer to Resolution No. 4033 instead of 4032. The applicant disagrees with staff on the issue of health and safety regarding the flooding of the mobilehome park. The proposed changes cannot be supported by staff as a finding for approval. STAFF RESPONSE TO RANCHO CARLSBAD LETTER OF JANUARY 9, 1997 JANUARY 14, 1997 PAGE 4 ; Staff Recommendation: Staff recommends that Finding No. 11 of Resolution No. 4033 remain as written. 2. Resolution No. 4033. Condition No. 8b The design and maintenance of the onsite drainage system is considered to be private. This includes the Agua Hedionda Creek and Lake Calavera Creek. Maintenance of a private system will not be accepted by the City. There could be a significant time period between the offer of dedication of easements and the improvements to the Lake Calavera Creek and to the Agua Hedionda Creek. The issue of a limited hold harmless agreement was discussed and, with the support of the City Attorney's Office, the standard form is recommended. Staff'Recommendation: 'Staff recommends that Condition No. 8b of Resolution No. 4033 remain as written. 3. Resolution No. 4033. Condition No. 9 The design of the private storm drain system and the maintenance responsibility requires that the park hold the City harmless from drainage liability. Again the time period between offers of dedication and proposed improvements could be significant. Per advice from our City Attorney's office, the standard form hold harmless agreement is recommended. Staff Recommendation: Staff recommends that Condition No. 9 of Resolution No. 4033 remain as written. 4. Resolution No. 4033. Condition No. 16d This condition is a requirement to record specific notes or deed restrictions that affect the subdivision of this project, thereby noticing all prospective owners of the 100-year flood, the maintenance responsibility, and the hold harmless agreements conditioned to this project. The noticing should be consistent with the above-mentioned conditions. STAFF RESPONSE TO RANCHO CARLSBAD LETTER OF JANUAHY 9, 1997 JANUARY 14, 1997 PAGE 5 Staff Recommendation: Staff recommends that Condition No. 16d of Resolution No. 4033 remain as written. 5. Resolution No. 4033. Condition No. 13 The changes requested by the applicant can be supported by staff. Staff Recommendation: The State Map Act does not allow staff to require easements over remainder parcels. The Planning Commission had expressed some health and safety concerns because of the park's single point of access. Therefore, staff included the condition. Staff'recommends that Condition No. 13 of Resolution No. 4033 be revised as follows: delete "and the remainder parcel". 3cc 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. 97-AA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONE CHANGE (FROM L-C TO RMHP ZONING), RESIDENTIAL MOBILEHOME PARK PERMIT, AND TENTATIVE PARCEL MAP TO CONVERT AN EXISTING 108.4 ACRE, 504 SPACE MOBILEHOME PARK FROM A RENTAL PARK TO CONDOMINIUM OWNERSHIP ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF EL CAMINO REAL (WHICH RUNS EAST TO WEST IN THIS AREA) AT RANCHO CARLSBAD DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 15. CASE NAME: RANCHO CARLSBAD MOBILEHOME PARK CASE NO. RMHP 96-01/MS 96-08 WHEREAS, Carlsbad Resident Association, Inc., "Developer", has filed a verified application with the City of Carlsbad regarding property owned by Carlsbad Resident Association, Inc., Carlsberg Rancho, LTD, Brookdale Terrace Building Company, and Oak Shadows Building Company "Owner", described as A portion of Lot "B" and Lot "E" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, per map thereof No. 823, filed in the office of the County Recorder of said county, November 16,1896. ("the Property"); and WHEREAS, on December 18,1996, the Carlsbad Planning Commission held a duly noticed public hearing to consider a Residential Mobilehome Park Permit (RMHP 96-01) and Tentative Parcel Map (MS 96-08) to convert Rancho Carlsbad Mobilehome Park from a rental park to condominium ownership and adopted Planning Commission Resolutions No. 4032 and 4033 respectively, recommending to the City Council that they be approved; and 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 WHEREAS, the City Council of the City of Carlsbad, held a public hearing on January 21, 1997 to consider the recommendations and heard all persons interested in or opposed to ZC 96-04/RMHP 96-01/MS 96-08; and WHEREAS, the findings and conditions of Planning Commission Resolution Nos. 4032 and 4033 recommending approval of the Residential Mobilehome Park Permit and Tentative Parcel Map constitute the findings and conditions of the City Council; WHEREAS, the Planning Director issued a Notice of Exemption dated November 21, 1996 for this project pursuant to California Public Resources Code sections 15061(b)(3) and 21080.8, 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 Residential Mobilehome Park Permit (RMHP 96-01) for this project is approved and that the findings and conditions of the Planning Commission contained in Resolution No. 4032, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 3. That the approval of Tentative Parcel Map (MS 96-08) is approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolution No. 4033, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council with the following amendments: 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 A. Finding No. 11 is amended to read as follows: "11. That improvements proposed in the Master Drainage Plan will reduce flooding impacts and improve drainage to the mobiiehome park. Portions of the Rancho Carlsbad Mobiiehome Park are located within the 100 year floodplain as identified by the Federal Emergency Management Act (FEMA). As provided in the Subdivision Map Act, the City is authorized to require any improvements necessary to mitigate existing health and safety conditions. Because health and safety conditions exist (flooding), mitigation of the flooding impacts has been required as a condition of project approval. To facilitate the mitigation of flooding impacts, the City has agreed to include the site into the Master Drainage Plan and the applicants have agreed to the contribution of monies estimated to be $318,000 over a ten and one-half year period. In addition, the applicant has agreed to provide easement dedications for Lake Calavera Creek and Agua Hedionda Creek drainage channels to permit the City to mitigate flooding and drainage impacts pursuant to the Master Drainage Plan. These improvements will benefit the owners of the mobiiehome park by reducing flooding impacts and improving drainage to the park." B. Conditions No. 10 and 16d. are amended to read as follows: "10. The applicant shall enter into a secured agreement with the City to contribute $318,000 plus interest fixed at 6% per year for the first 18 months, and thereafter interest adjusting to equal the City's annual return on its portfolio each December as determined by the City Treasurer in ten installments with the first installment due 18 months after the date of recordation of the final parcel map. The agreement shall be approved by the City Attorney and may be executed by the City Manager. The remaining principal and interest shall be paid annually thereafter and the entire principal and interest shall be paid off within ten years and six months of recordation of the final parcel map or sooner at the election of the applicant." "16d. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any damages caused by the developer-owned on- site drainage system." C. Condition No. 11 is deleted.>- 4. This action is final the date this resolution is adopted by the City Council. The provision of Chapter 1.16 of the Carlsbad Municipal Code, Time Limits for Judicial Review" shall apply: 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 "NOTICE TO APPLICANT" 'The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008." PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 28th day of January .1997, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall NOES: None ABSENT: None ATTEST: ALETHA L (SEAL) RAUTENKRANZ, City Clerk SHEET 1 OF 26 SHEETS u CS LPB^ffitW JYAIrls©) MOBILE HOME PARK GROSS ACREAGE: 108.28± ACRES EXISTING GENERAL PLAN DESIGNATION: RM. RLM & O.S. PROPOSED GENERAL PLAN DESIGNATION: RM. RLM & O.S. EXISTING ZONING: RMHP ; LC PROPOSED ZONING: RMHP DENSITY PERMITTED: LOTS A 4 B 4-8 DU./AC.; LOTS C & 0 0-4 DU./AC. DENSITY PROPOSED: LOTS A - D- 5.36 DU./AC. TOTAL GROSS AREA: LOTS A 4 B»90.35± ACRES; LOTS C 4 D=17.93± ACRES TOTAL NET AREA = 94.07± ACRES LOCAL FACILITIES MANAGEMENT PLAN: ZONE 15. SOURCE OF TOPOGRAPHY: SOUTHWEST AERIAL PHOTO. DATED JUNE. 1995. EXISTING CONTOUR INTERVAL: 2 FOOT TOTAL NUMBER OF LOTS: 4 TOTAL NUMBER OF DWELLING UNITS: 504 ASSESSOR'S PARCEL NUMBERS: 168-050-23, 168-050-24 4 209-060-03 AVERAGE DAILY TRAFFIC: 2520 ADT EXISTING MOBILE HOME PARK HAS 504 UNITS, THE ADMINISTRATION OFFICE BUILDING, THE LAUNDRY BUILDINGS (3) AND THE RECREATIONAL VEHICLE PARKING WITH THE SEWER DISPOSAL STATION CONNECTED TO THE PARK'S PRIVATE SEWER SYSTEM. A PORTION OF LOT "B" AND LOT "E" OF RANCHO AGUA HEDIONDA, IN T4L CITY OF CARLSBAD. COUNTY OF SANDIEGO, STATE OF CALIFORNIA, PLR MAP THFRFOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, NOVEMBER 16. 1896. GAS AND ELECTRICITY: TELEPHONE: . WATER: FIRE PROTECTION: SCHOOLS: SEWER: STORM DRAIN: REFUSE COLLECTION: . . .SAN DIEGO GAS AND ELECTRIC COMPANY PACIFIC BELL TELEPHONE COMPANY CARLSBAD MUNICIPAL WATER DISTRICT AND PRIVATE SYSTEM WITHIN PARK CITY OF CARLSBAD .CARLSBAD UNIFIED SCHOOL DISTRICT CITY OF CARLSBAD AND PRIVATE SYSTEM WITHIN PARK CITY OF CARLSBAD AND PRIVATE SYSTEM WITHIN.PARK IN PARK PICKUP AT RESIDENCES (NO COMMON TRASH FACILITIES) THE LOCATION OF THE LINES SHOWN AS TEMA LINE" IS APPROXIMATE. THE LINES AS BASED ON THE CITY OF CARLSBAD COMMUNITY PANEL NO. 060285 0010C AND THE LAND WITHIN THE LINES DESIGNATED "FEMA LINE" IS WFTHIN PLOOD ZONE "A" AS DESIGNATED ON SAIDPANEL FLOOD ZONE "A" IS SUBJECT TO INUNDATION BY A 100 YEAR STORM. THE REMAINDER OF LAND WITHIN THE PROJECT BOUNDARY IS WITHIN ZONE "C" AS SHOWN AND DESIGNATED ON SAID COMMUNITY PANEL. CONVERSION OF THE EXISTING 504 SPACE RESIDENTIAL MOBILE HOME PARK FROMA RENTAL PARK TO A RESIDENT OWNED, AIRSPACE CONDOMINIUM, MOBILE HOME PARK. ALL UTILITIES, STREETS AND AMENITIES ARE EXISTING. THIS IS A PLANNED UNIT DEVELOPMENT / CONDOMINIUM PROJECT CONTAINING A MAXIMUM OF 504 DWELLING UNITS, AS DESCRIBED IN SECTION 1350 OF THE CIVIL CODE OF THE STATEOF CALIFORNIA. IS FILED PURSUANT TO SECTION 66428 OF THE GOVERNMENT CODE OF THE OF CALIFORNIA AND APPROVAL IS REQUESTED PURSUANT TO CHAPTER 21.37 OF THE CITY OFCARLSBAD MUNICIPAL CODE. CITY OF OCEANSIDE HIGHWAY PROJECT SITE LOT F RANCHO AGUA HPOIPNDA MAP NO. 623 SHEET INDEX MAP SEE SHEET NO. 2 ______ RESIDENTIAL MOBILE HOME .FARK PERMIT BOUNDARY -^ — FIOW...INDICATES DIRECTION OF WATER FLOW IN CHANNEL B LCT NUMBER 156 CONDOMINIUM SPACE NUMBER 3870 SF CONDOMINIUM FOOTPRINT ARE»- W fX. WATER LINE (PRIVATE) +*' EXISTING SURFACE ELEVATION • V '/ V" FJLOCK WALL ,,u Ef -- f'EMA ZONE A. (AREA OF INUNDATION OF / j --00 YEAR FLOOD) E.X. SEWER LINE (PRWATE) EXISTING CONTOUR STREET UGHT/WALKWAY LIGHT HRE HYDRANT APPROVED THIS l» THE APfKOVEDT IMP-PI* ' - ......... MASONRY SCREEN/SOUND WALL (FREE STANDING. 6.0' HIGH) DON JUAN DRIVE TYP. PRIVATE STREET (3) INDICATES NUMBER OF PARKING SPACES tj.oS"' 1MDICATES HEIGHT OF WALL OR FENCE W -<| WOlCATFS TERMINATION OF PRIVATE WATER LINE :, -^ INDICATES TERMINATION OF PRIVATE SEWER LINE LI II. I I ItiCICATES PROPOSED RELINOUISHMENT OF ACCESS RIGHTS MANITOU ENGINEERING COMPANY 350 W. NINTH AVFNUE SUITE 8 ESCONOlDO. CALIFORNIA 92025 PHONE: (619) 741-9921 FRANCIS W. FITZPATRICK, LS4539 ROLL CURB(TYPICAL) < ROLL CURB(TYPICAL) -— 40V38'/36' 13-/17-/16' . 16'/17'/16'| 2' RANCHO CARLSBAD DRIVE (MAIN ENTRANCE) RANCHO CARLSBAD D_RIVE. (WITHIN PARK)N.T.S. 40' EAST BOUNDARY 38' ADJACENT SPACES 26 & 52 36' AT AGUA HEDIONDA CREEK EL CAMINO REAL STREET SECTION INTER-QR PRIVATE STREETS (WITHIN PARK) N.T.S. SF'E LIST OF =RIVATE STREETS AT RIGHT DON QUIXOTE DR. DON TOMASO DR. DON DIABLO DR.DON PABLO DR. DON RICARDO DR.DON MIGUEL DR. DON VALDEZ DR.DON MATA DR. DON ALVAREZ DR.DON COTA OR. DON RUDOLFO DR.DON JOSE DR. DON PORFIRIO DR. DON ARTURO ORDON LORENZO DR.DON ORTEGA DR. DON CARLOS DR. TON ALBERTO DR. DON FELIPE DR.DON LUIS DR. PORTION OF DON JUAN OR ROLL CURB L(TYPICAL) -t ©WKMSa ©TOSGSa ©WJSlSs DON JUAN INTERIOR PRIVATE STREETS (WITHIN PARK) N.T.S. DON JUAN DRIVE ADJACENTCLUB HOUSE / RECREATION 8LDG. / SPACES 503 & 504 THE CARLSBAD RESIDENT ASSOCIATION, INC. CARLSBERG RANCHO, LTD. A CALIFORNIA.A CALIFORNIA NON-PROFIT MUTUAL LIMITED PARTNERSHIP BENEFIT CORPORATION 5200 EL CAMINO REAL 5200 EL CAMINO REAL. CARLSBAD. CA 9700S CARLS3AD.CA. 92008 PHONE: (619) 431-8899 ( SEE APPLICATION ) LEE A. ANDERSON ( SEE APPLICATION } WILLIAM W. GtARY BROOKVALL TFRRACE BUI! DING COMPANY A CALIFORNIA LIMITED PARTNERSHIP 5200 EL CA.WNO REAL CARLSBAD. CA. 920CH ( SEE APPLICATION ) ABRAHAM KEH OAK SHADOWS BUILDING COMPANYA CAJ ORNIA LIMITED PARTNERSHIP S?00 I. CAMINO REAL CARLSE'AO. CA. 92008 PHONE (6iS) 431-5980 ( SEE APPLICATION ) AnRAH/.M KEH MANITOU ENGINEERING COMPANY PLANNING • COWSLJLT1NC ENGINEERS • SL'r.TYING DATE OF PREPARATION:2/22/96 SHEET 5 OF 26 SHEETS FUTURE STORU DRAIN AND SEDIMENTATION BASIN PER MASTER DRAINAGE PLAN POFiTiON LOT £ RANCHO AGUA HEDIONDA AP NO, R.M.H.P. BOUNDARY / l/\ I I I / jfeitWE^. ^\\ \ N^ „ ^-,167.06- ; ,20.00' C.M.W.D. DON CARLOS DR. APPROVED TOB B TH! JVROVBDnMTAIIVe MAHSHB *. ALL PROPOSED AIRSPACE CONDOMINIUMS ARF" WITHIN PARCEL A. MANITOU ENGINEERING COMPANY PLANNING ' CONSULTING ENGINEERING • SURVEYING PARCEL' MAP NO ND I^D I3 OWNER'S STATEMENT WE HEREBY STATE THAT WE ARE THE OWNERS OF OR ARE INTERESTED IN THE LAND COVERED BY THIS PARCEL MAP AND WE CONSENT TO THE PREPARATION AND RECORDATION OF THIS MAP. DVE HEREBY DEDICATE TO THE PUBLIC COLLEGE BOULEVARD FOR STREET AND =UBLIC UTILITY PURPOSES. WE HEREBY DEDICATE TO THE CITY OF CARLSBAD THE DRAINAGE EASEMENTS FOR CONSTRUCTION AND MAINTENANCE PURPOSES \LL AS SHOWN ON SAID MAP. . ^^J WE HEREBY DEDICATE TO THE CITY OF CARLSBAD THE RIGHT OF INGRESS AND EGRESS OVER THE PRIVATE ROADWAYS AND COMMON LANDSCAPED AREAS BETWEEN THE ROADWAYS SHOWN HEREON WITH THE OBLIGATION TO REPAIR ANY DAMAGE TO THE PRIVATE ROADS OR LANDSCAPED AREAS CAUSED BY THE CITY OF CARLSBAD OR ITS REPRESENTATIVES OR ASSIGNS IN THE COURSE OF CONSTRUCTION OR MAINTENANCE OF THE DRAINAGE FACILITIES. ' WE HEREBY DEDICATE TO THE CITY OF CARLSBAD THE PRIVILEGE AND RIGHT To' EXTEND DRAINAGE STRUCTURES, EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE HEREON DEDICATED COLLEGE BOULEVARD WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID DRAINAGE STRUCTURES AND SLOPES RESERVING UNTO OWNER, ITS SUCCESSORS, OR ASSIGNS, THE RIGHT TO ELIMINATE SUCH SLOPES AND/OR DRAINAGE STRUCTURES OR PORTIONS THEREOF, BY SUBSTITUTING OTHER PROTECTION, SUPPORT AND/OR DRAINAGE FACILITY, PROVIDED SUCH SUBSTITUTION IS FIRST APPROVED IN WRITING BY THE CITY ENGINEER OF THE CITY OF CARLSBAD.. — WE HEREBY RELINQUISH AND WAIVE TO THE CITY OF CARLSBAD THE ABUTTERS RIGHTS OF ACCESS APPURTENANT TO PARCEL 1 IN AND TO EL CAMINO REAL AS SHOWN ON SAID MAP. PARCEL 1 OF THIS PARCEL MAP IS A CONDOMINIUM PROJECT AS DEFINED IN SECTION 1351 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, CONTAINING A MAXIMUM OF 504 DWELLING UNITS AND IS FILED PURSUANT TO THE SUB- DIVISION MAP ACT AND RESIDENTIAL MOBILE HOME PERMIT NO. 96-01 GRANTED BY THE CITY COUNCIL OF THE CITY OF CARLSBAD ON JANUARY 21, 1997. RANCHO CARLSBAD PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP, AS OWNER BY: THE CARLSBAD RESIDENT ASSOCIATION, INC. A CALIFORNIA NON-PROFIT MUTUAL BENEFIT COBPORATJDN, GENERAL PARTNER PARCEL MAP CARLSBAD M.S. NO.96-08 BEING A-DIVISION OF A PORTION OF LOTS "B" AND "E" OF RANCHO AGUA HEDIONDA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 823 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 18, 1896. TITLE REPORT FURNISH BY: CHICAGO TITLE INSURANCE CO. ORDER NO. 987051 PARCEL MAP GUARANTEE NO. 987051. DATED: DECEMBER 2Z,1997 LEE ANDERSON PRESIDENT NANCY FISSHERC SECRETARY BY: CARLSBERG RANCHO, LTD., A CALIFORNIA LIMITED PARTNERSHIP, GENERAL PARTNER BY: CARLSBERG MOBILE HOME PROPERTIES, INC. A CALIFORNIA CORPORATJOJV$ENE*A"L! PARTNER GEJJSRAL PARTNER 3Y: WILLIAfcTW. GEARY JR., PRESIDENT ABRAHAM KEH, GENERAL PARTNER BY: BROOKVALE TERRACE BUILDING COMPANY A CALIFORNIA LIMITED PARTNERSHIP, GENERAL PARTNER BY: ABRAHAM KEH, GENERAL PARTNER GENERAL PARTNER BY: OAK SHADOWS BUILDING COMPANY A CALIFORNIA LIMITED PARTNERSHIP, GENERAL PARTNER BY-_ T. KEH, GENERAL PARTNER SHEET-1 OF 7 SHEETS SURVEYOR'S STATEMENT I, FRANCIS W. FTTZPATRICK, A PROFESSIONAL LAND SURVEYOR. STATE THAT THE SURVEY OF THIS PARCKL MAP WAS MADE BY ME OR UNDER MY DIRECTION BETWEEN NOVEMBER, 1996 AND DECEMBER, 1996 AT THE REQUEST OF THE RANChO CARLSBAD PARTNERS AND SAID SURVEY IS TRUE AND COMPLETE AS SHOWN; THAT MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED AND ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO_JHE_APPROVFD OR CONDITIONALLY APPROVED TENTATfVE MAP, IF ANY. uJ i GENERAL ELECTRIC CAPITAL CORPORATION, A NEW YORK CORPORATION, AS BENEFICIARY UNDER DEED OF TRUST RECORDED SEPT. 7, 1995 AS RLE NO. 1995-0398035 OF OFFICAL RECORDS. - THE SIGNATURES OF THE PARTIES LISTED BELOW, OWNERS OF EASEMENTS PER DOCUMENTS NOTED BELOW HAVE BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436 SUBSECTION (o)(3)(A)(i) OF THE SUBDIVISION MAP ACT, THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURES ARE NOT REQUIRED BY THE GOVERNING BODY. 1. EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES TO GEORGE W. & EDWINA TARRY, HUSBAND AND WIFE, RECORDED SEPTEMBER 10, 1957 IN BOOK 6740 PAGE 102 OF OFFICIAL RECORDS. 2. EASEMENT FOR WATER CONDUITS TO W.D. CANNON PER DEED RECORDED FEBRUARY 27, 1952 IN BOOK 4385 PAGE 532 OF OFFICIAL RECORDS. 3. EASEMENT AND RIGHT OF WAY TO SAN DIEGO GAS & ELECTRIC CO. RECORDED OCTOBER 7. 1971 AS FILE/PAGE NO. 231011 OF OFFICIAL RECORDS 4. EASEMENT FOR ROAD PURPOSES TO COUNTY OF SAN DIEGO RECORDED JUNE 5, 1970 PER DOCUMENT NO. 97854 OF OFFICIAL RECORDS. CITY OF CARLSBAD, SUCCESSOR IN INTEREST. 5. EASEMENT FOR PUBLIC UTILITIES AND INGRESS AND EGRESS TO SAN DIEGO GAS & ELECTRIC CO. PER DOCUMENT RECORDED MARCH 20, 1956 IN BOOK 6024, PAGE 26 AND RECORDED OCTOBER 29, 1971 PER DOCUMENT NO. 251396 ALL OF OFFICIAL RECORDS. 6. EASEMENT TO CARLSBAD MUNICIPAL WATER DISTRICT FOR FACILITIES AND INGRESS AND EGRESS RECORDED APRIL 4, 1957 IN BOOK 6523, PAGE 348 OF OFFICIAL RECORDS. 7. EASEMENT FOR INGRESS AND EGRESS TO JOSEPH CANTARINI, ET AL RECORDED APRIL 27, 1967 PER DOCUMENT NO. 58827 OF OFFICIAL RECORDS. 8. EASEMENT FOR ROAD PURPOSES TO THE CITY OF CARLSBAD RECORDED JANUARY 11, 1971 AS DOCUMENT NO. 5170 OF OFFICIAL RECORDS 9. EASEMENT FOR POLES, WIRES. PIPES AND UTIUTY STRUCTURES TO EDWARD KELLY ET-AL RECORDED JULY 29, 1936 IN BOOK 541 PAGE 244 OF OFFICIAL RECORDS. 10. THE RIGHT AND PRIVILEGE TO SPILL WATER TOGETHER WITH THE RIGHT TO CROSS PROPERTY FOR INGRESS AND EGRESS IN DEED TO CARLSBAD MUNICIPAL WATER DISTRICT RECORDED 01-04 -63 AS F/P NO. 1851 & 1852 O.R. 11. EASEMENTS TO SAN DIEGO GAS 4 ELECTRIC CO. FOR INGRESS, EGRESS & PUBLIC UTILITIES RECORDED 6-12-70 AS "ILE NO. 102776 O.R. AND RECORDED 7-29-75 AS FILE NO. 75-19748f- O.R. 12. EASEMENT TO SAN 'DIEGO GAS & ELECTRIC CO. FOR PUBLIC UTILITIES, INGRESS AND EGRESS RECORDED 11-26-196 i AS FILE NO. 214035 O.R. FRANCIS W. FITZPXTRICK L.S. 4539 EXPIRES: 9-30-98 CITY ENGINEER'S STATEMENT I, LLOYD B. HUBBS, CITY ENGINER OF THE CITY OF CARLSBAD STATE THAT THIS MAP CONFORMS WITH TITLE 20 OF THE CARLSBAD MUNICIPAL CODE AND THE APPROVED TENTATIVE PARCEL MAP AND DOES NOT APPEAR TO BE A MAP OF A MAJOR SUBDIVISION FOR WHICH A FINAL MAP IS REQUIRED PURSUANT TO SECTION 66426 OF THE SUBDIVISION MAP ACT. I HAVE EXAMINED THIS MAP AND AM SATISFIED THAT ALL THE PROVISIONS OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA, AND ANY LOCAL ORDINANCE OF SAID CITY APPLICABLE AT THE TIME OF THE APPROVAL OF THE TENTATIVE PARCEL MAP HAVE BEEN COMPLIED WITH, AND I AM SATISFIED THAT SAID MAP IS TECHNICALLY CORRECT. I HEREBY APPROVE AND RECOMMEND THIS MAP. ALSO, I HEREBY ACCEPT DEDICATION OF COLLEGE BOULEVARD FOR STREET AND. PUBLIC UTILITY PURPOSES; ACCEPT DEDICATION OF DRAINAGE EASEMENTS FOR CONSTRUCTION AND MAINTENANCE PURPOSES;ACCEPT DEDICATION OF RIGHTS OF INGRESS AND EGRESS; ACCEPT DEDICATION OF EASEMENTS FOR DRAINAGE STRUCTURES AND SLOPES; ACCEPT ABUTTERS RIGHTS OF ACCESS APPURTENANT TO PARCEL 1 IN AN TO EL CAMINO REAL, ALL AS DEDICATED HEREON. LLOYD B. HUBBS CITY ENGINEER BY;; R.C.E723889 LIC. EXPIRES 12-31-97 I, THOMAS J. PASTUSZKA, CLERK OF THE BOARD OF SUPERVISORS, HEREBY CERTIFY THAT THE PROVISIONS OF THE SUBDIVISION MAP ACT (DIVISION 2 OF TITLE 7 OF THE .JOVERNMENT CODE) REGARDING (A) DEPOSITS FOR TAXES, AND (B) CERTIFICATION OF THE ABSENCE OF LIENS FOR UNPAID STATE, COUNTr, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES EXCEPT THOSE NOT YET PAYABLE, HAVE BEEN COMPLIED WITH. THOMAS J. PASTUSZKA" CLERK OF THE BOARD OF SI DATF: '- RECORDER'S CERTIFICATE RLE NO. FILED THIS DAY f? y "~nr ^</iy6/ift/6y 19* O'CLOCK 4-M., IN BOOK OF PARCiL MAP^T ~PAGE AT THE REQUEST OF FRANCIS W. FITZPATRICK. GREGORY J. SMITH Cf.UNTY RECORDER B::. O y*OF DEPUTY COUNTY RECORDER 1423_PM1 MANITOU ENGINEERING CO. PARCEL MAP NO. J EASEMENTS C.L. EXISTING'20.00'" EASEMENT TO SAN DIEGO GAS it ELECTRIC CO. RECORDED MARCH 20, 1956 BOOK 6024 PAGE 26 OF OFFICIAL RECORDS. C.L. EXISTING EASEMENT TO SAN DIEGO GAS & ELECTRIC CO. RECORDED OCTOBER 29, 1971 PER DOCUMENT NO. 251396 OF OFFICIAL RECORDS. COLLEGE BOULEVARD DEDICATED HEREON, TOGETHER WITH RIGHTS TO EXTEND DRAINAGE AND SLOPES. EXISTING 60.00' EASEMENT TO JOSEPH & LILLIAN CANTARINI AND BANNING CANARINI RECORDED 4-1-67 AS DOCUMENT NO. 58827 OF OFFICIAL RECORDS AND 9-7-95 AS FILE NO. 1995-0398033 OF OFFICIAL RECORDS EXISTING EASEMENT TO THE COUNTY OF SAN DIEGO RECORDED JUNE 5, 1970 PER DOCUMENT NO. 97854 OF OFFICIAL RECORDS. EXISTING 12.00' EASEMENT TO SAN DIEGO GAS & ELECTRIC CO. RECORDED NOVEMBER 26, 1965 AS FILE/PAGE N0.214035, O.R.\ EXISTING 60.00' EASEMENT AND RIGHT OF WAY FOR ROAD PURPOSES TO GEORGE W. & EDWINA TARRY RECORDED SEPTEMBER 10, 1957 IN BOOK 6740 PAGE 102 O.R. C.L. EXISTING 4' EASEMENT TO SAN DIEGO GAS & ELECTRIC CO. FOR INGRESS. EGRESS AND PUBLIC UTILITIES RECORDED 6-12-70 AS F/P NO. 102776 O.R. NOTE: \ EASEMENT FOR POLES, WIRES. PIPES AND UTILITY STRUCTURES TO EDWARD ' KELLY ET AL RECORDED JULY 29, 1936 IN BOOK 541 PAGE 244 O.R. HAS NO SPECIFIC LOCATION SET FORTH IN DEED AND CANNOT BE PLOTTED. \ EASEMENT AND RIGHT OF WAY FOR DISTRIBUTION AND TRANSMISSION OF ' ELECTRICITY TO SAN DIEGO GAS & ELECTRIC CO. RECORDED OCTOBER 7, 1971 AS FILE/PAGE NO. 231011 OFFICIAL RECORDS HAS NO SPECIFIC LOCATION SET FORTH IN DEED AND CANNOT BE PLOTTED. v THE RIGHT AND PRIVILEGE TO SPILL WATER TOGETHER WITH THE RIGHT TO ' CROSS PROPERTY FOR INGRESS AND EGRESS IN DEED TO CARLSBAD MUNICIPAL WATER DISTRICT RECORDED 1-4-63 AS F/P NO. 1851 AND 1852 O.R. HAS NO SPECIFIC LOCATION SET FORTH IN DEED AND CANNOT BE PLOTTED ,^\. EASEMENT DETAILS ,r 13 © © © SHEET 5 OF 7 SHEETS NOTE :•• THE FOU OWING EASEMENTS ARE LOCATED WITHIN THE EXISTING RIGHT OF WAY OF EL CAMINO REAL. EXISTING EASEMENT FOR WATER CONDUITS TO W. 0. CANNON PER DEED RECORDED FEBRUARY 27, 1952 IN BOOK 4385 PAGE 532 OF OFFICIAL RECORDS. EXISTING EASEMENT FOR PIPELINE TO CARLSBAD MUNICIPAL WATER DISTRICT RECORDED APRIL 7, 1957 IN BOOK 6523 PAGE 348 OF OFFICIAL RECORDS. EXISTING EASEMENT FOR COUNTY HIGHWAY TO THE COUNTY OF SAN DIEGO RECORDED JUNE 5, 1970 PER DOCUMENT NO. 97854 OF OFFICIAL RECORDS. (EXCEPT WHERE SHOWN OTHERWISE) EXISTING EASEMENT FOR ROAD TO THE CITY OF CARLSBAD RECORDED JANUARY 11, 1971 PER DOCUMENT NO. 5170 OF OFFICIAL RECORDS. EXISTING EASEMENT TO SAN DIEGO GAS & ELECTRIC COMPANY RECORDED JULY 29, 1975 AS FILE NO. 75-197435 OF OFFICIAL RECORDS. COVENANT OF EASEMENT FOR EMERGENCY INGRESS D EGRESS RECORDED FILE/PAGE NO. 9S-ES319 O.R. FOR DATA SEE SHT. EASEMENT DETAIL NOT TO SCALE FOR DATA SEE SHEET NO. 3 HEDJONDA AS FILE/PAGE N0.9J- (REMAINDER PARCEL^ x FOR DATA SEE SHT. 3 X \ / LOT: s \ \ / \ \ ' 8816 ARCEL EASEMENT DETAIL AT RIGHT DXSEMENT DETAIL NCK TO SCALE CA 1423_PM5 MANITOU ENGINEERING CO, PARCEL MAP NO. LOTS SPACE 53 54 55 56 57 58 59 60 61 62 63 64 65 66 106 113 '' 114 115 116 117 118 119 120 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 LOCATED SPACE 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 176 201 202 203 204 205 206 207 208 WITHIN THE FLOODPLAIN SPACE SPACE 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 226 227 228 229 230 231 232 233 234 238 239 240 241 242 243 244 245 246 247 "BUILDING 248 249 250 251 252 253 254 255 256 271 272 273 274 288 289 306 307 308 353 496 497 502 ADMIN. CLUBHOUSE RECREATION CITY OF CARLSBAD PARCEL MAP FOR RMHP 96-01 MS 96-08 NONTITLE INFORMATION SHEET 7 OF 7 SHEETS TYPICAL AIRSPACE FOR MOBILE HOME PER CITY OF CARLSBAD R.M.H.P. 96-01. APPROXIMATE AREA OF INUNDATION BY 100 YEAR FLOOD INFORMATION SHOWN ON THIS SHEET IS ADVISORY ONLY AND IS NOT INTENDED TO AFFECT RECORD TITLE INTEREST. 5: INFORMATION SHOWN HEREON IS COMPILED FROM PUBLIC RECORDS OR REPORTS AND ITS INCLUSION IN THIS MAP DOES NOT IMPLY THE CORRECTNESS OR SUFFICIENCY OF THESE RECORDS OR REPORTS BY THE PREPARED OF THIS MAP. ALL EXISTING IMPROVEMENTS WITHIN THE PARK ARE PRIVATE AND ARE TO BE PRIVATELY MAINTAINED BY THE HOMEOWNERS ASSOCIATION. THE IMPROVEMENTS AND PROPERTY LOCATED WITHIN THE AREAS OFFERED FOR DEDICATION ARE TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION UNTIL SUCH OFFEFS ARE ACCEPTED BY THE CITY AND THE MAINTENANCE RESPONSIBILITIES ARE ACCEPTED BY CITY COUNCIL ACTION. THIS SUBDIVISION CONTAINS A REMAINDER PARCEL. NO BUILDING PERMIT SHALL BE ISSUED FOR THE REMAINDER PARCEL UNTIL FT IS FURTHER SUBDIVIDED PURSUANT TO THE PROVISIONS OF TITLE 20 OF THE CARLSBAD MUNICIPAL CODE. BUILDING PERMITS WILL NOT BE ISSUED FOR DEVELOPMENT OF THE SUBJECT PROPERTY UNLESS THE DISTRICT ENGINEER DETERMINES 1HAT SEWER FACILITIES ARE AVAILABLE. ~THE OWNERS OF THIS PROPERTY ON BEHALF OF ITSELF AND ALL OF ITS SUCCESSORS IN INTEREST HAVE AGREED TO HOLD HARMLESS AND INDEMNIFY THE CITY OF CARLSBAD FROM ANY ACTION THAT MAY ARISE THROUGH ANY DAMAGES CAUSED BY THE DRAINAGE SYSTEM AND SUBSEQUENT DAMAGE THAT MAY OCCUR ON, OR ADJACENT TO, THIS SUBDIVISION DUE TO ITS CONSTRUCTION, OPERM1ON OR MAINTENANCE. THE ONSITF DRAINAGE SYSTEM SHALL BE MAINTAINED IN PERPETUITY BY THE UNDERLYING PROPERTY OWNER UNLESS ACCEPTED IN WRITING BY THE CITY; AND THAT ALL FUTUREUSE or THE I'RoPtmY WITHIN THE IOO-YEAR FLOODPLAIN WILL NOT RESTRICT. IMPEDE, DIVERT OR OTHERWISE ALTER DRAINAGE FLOWS IN A MANNER THAT WILL RESULT IN DAMAGE TO THE UNDERLYING AND ADJACENT PROPERTIES OR THE CREATION OF A PUBLIC. NUISANCE. 2;_PM7 MAWTOU ENGINEER-NO CO. 10 DOC f1998-0055997 FEE O4, 1998 8=24 AM RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 1802 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SHITH, COUNTY RECORe FES: 0.00 THIS LINE FOR RECORDER'S USE 168-050-23 168-050-24 209-060-03 Partners, a to hold the injuries to pen diversion of Ww^ancFoBrlsbad> 'jm MJ•^x" ify and HOLD HARMLESS AGREEMENT of the City's approval of gPFfesidential Mobile wRri^prmjLOTpP 96- .* |V, B,,. ' „•' <mf> f jigl ..^VWSsjSgjl ccur^pn profit!' desfcri^d|as!(see ^ik j \f t \ lUffi IX, I/Imm %».. li fi » .. .. .amdirectly4,f if wate lability for Ised by the •wa%rs^Sirainage, or the iepother improvements p*! 'aintenance of the drainage concentration of surfa identified in the approved system or other improvements identified in the above mentioned project. Approval of the RMHP by the City shall not constitute an assumption by the City of any responsibility for such damage or taking. City shall not be an insurer or surety for the design or construction of the improvements pursuant to the approved plans, nor shall any officer or employee thereof be liable or responsible for any accident, loss or damage happening or Masters/Forms/Hold Harmless Agt Drainage Rev. 8/18/97 occurring during the construction work or improvements as specified in this agreement. It is further agreed that the above owner(s) will maintain all drainage systems to insure a free flow to a satisfactory point of discharge unless said systems are accepted as public facilities. Maiters/Forms/Hold Harmless Agt Drainage Rev 8/18/97 1804 It is further agreed that this agreement shall be binding on all heirs, successors or assigns having an interest in all or any part of the property described herein. IN WITNESS WHEREOF, the undersigned has executed this instrument this day of y/itLus^K0jiSA/ . 19^7. PROPERTY OWNERS RANCHO CARLSBAD PARTNERS, a California General Partnership By:RESIDENT ASSOCIATION, INC., a benefit corporation, Its General mjtllpartnership, rnia By: CARLSBERG RANCHO, LTD.,Its General Partner XtWliam W.Geary, Jr., P, MEANYiftaSiCalifornia limited: OAK SHADOWS BUILB partnership, It APPROVED AS TO FORM: RONALD R. BALL City Attorney ^ :ity Attorney (Proper notarial acknowledgment of execution by the OWNER(S) must be attached). Maslefs/Forms/Hok) Harmless Agt Drainage Rev. 8/18/97 11 / RECORDED BY CHICAGO TITI SUBDIVISION MAPPING DEPT WHEN RECORDED MAIL TO City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 E 265 DOC : 1998-0158219 MftR 24, 199B 12:X3 PI SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 31.00 1908-0168219 ,Space above this line for Recorder's use. CITY OF CARLSBAD CONTRACT TO SECURE FUTURE PUBLIC IMPROVEMENTS Permit Nos. Parcel Nos. RMHP 96-01; MS 96-08 THIS AGREEMENT is made by the City of Carlsbad, a municipal corporation, hereinafter referred to as "City", and Rancho Carlsbad Partners, a California general partnership, hereinafter referred to as "Property Owner." RECITALS WHEREAS, Property Owner (formerly organized as Rancho Carlsbad Tenants in Common Group) has applied to City for a Mobile Home Park Permit and Tentative Parcel Map for the real property hereinafter described, now under Property Owner's ownership; and WHEREAS, it has been found that said property is not suitable for development in its present condition, however said property would be suitable for development if certain public improvements hereinafter described are constructed and certain irrevocable offers of dedication are made to City; and 1 266 i WHEREAS, the Municipal Code of City requires certain improvements and dedications as a condition of approval of this Mobile Home Park Permit and Tentative Parcel Map; and ; WHEREAS, Property Owner has requested that approval of said Mobile Home Park Permit and Tentative Parcel Map be granted by City in advance of the time said improvements are to be made; and WHEREAS, Property Owner arguably has a right to promise to pay for said improvements without the necessity of providing security for such payment (pursuant to Government Code section 66428.1(e)) and Property Owner desires to unequivocally waive such right and provide security by this Agreement; and WHEREAS, Property Owner, in consideration of the approval of said Mobile Home Park Permit and Tentative Parcel Map, desires to enter into this agreement securing the construction of said improvements, and City has determined it lo be in I the public interest to agree to temporarily postpone said construction; NOW, THEREFORE, IT IS AGREED between the parties hereto as follows: Section 1. That CHy agrees to record this agreement on the same day, and i following recordation of Final Parcel Map MS 96-08. Section 2. That Property Owner, in lieu of making the hereinafter described improvements before approval of said Mobile Home Park Permit and Tentative Parcel i Map is granted, and in full satisfaction of Condition Number 10 of the Mobile Home Park Permit approval (Planning Commission Resolution No. 4033, as amended by City Council minutes dated January 21, 1997) agrees to pay $318,000 for the flood control improvements set forth in the amendment to the City of Carlsbad Master 26/ V- Drainage Plan (approved by City Council Resolution No. 96-403 on December 3, 1996), payable as follows: A. Annually commencing one (1) year after the date of the recordation of the Final Parcel Map ("Commencement Date") and continuing annually thereafter on the anniversary date of the Commencement Date for nine (9) years, without invoice by City Director of Finance; (1) Interest will be charged oh the declining balance of the obligation. The interest rate applicable to the first twelve (12) month interval shall be six percent (6%). Thereafter, the interest rate for each successive twelve (12) month period shall be equal to the average yield of the City's investment portfolio, determined as of T December of each preceding year. (City will disclose this rate to Property Owner each year, as soon as it is reasonably available.) "~~ (2) The amount of each invoice will be calculated in accordance with the attached "EXAMPLE", so that, absent any prepayments, the principle and interest are fully amortized within the ten (10) years. B. City shall allow Property Owner to prepay at any time, and without penalty, any portion of the then outstanding principal. Property Owner shall require "*!- the Home Owners Association to make an election whether or not to allow individual airspace unit purchasers to prepay their "share" of the debt, prior to the delivery of the Final Public Report, and to treat all purchasers equally without preference, during the time required to retire the obligation created hereby. C. Property Owner shall establish a Reserve Account separate and distinct 3 Rancho Cvtsbed R«v 7/17/97 268 from all other accounts, into which payments of annual (or more frequent) installments (including total prepayments; if any) by owners of individual airspace units within the park shall be deposited in amounts sufficient to pay the annual payment to City when due. Section 3. That for the faithful performance of the promises and covenants herein contained, Property Owner hereby grants a lien for City's benefit upon the hereinafter described property in the amount of $318,000, plus interest as set forth above. The lien hereby created shall only be subordinate and inferior to the Declaration of Establishment of Covenants, Conditions, and Restrictions (CC&R's), the Condominium Plan, Final Parcel Map, and any recorded governmentally mandated restrictions on the property. Upon Property Owner's failure to pay in accordance with Section 2, above, Property Owner agrees that City may pursue any remedy, legal or equitable (including those specifically referred to herein), for the foreclosure of this lien, and the Property Owner, Property Owner's successors, heirs, assigns and transferees, shall be liable for reasonable attorney's fees as a cost in said proceedings. Section 4. A. That at any time during the period herein provided, the Property Owner, v Property Owner's successors, heirs, assigns or transferees may post a surety performance bond satisfactory to the City to charge said surety with the payment of said amount pursuant to Section 2 hereof; the amount of bond to be the amount of the balance unpaid out of the total $318,000 plus interest, at the time of such deposit or posting as ascertained by the City 4 Rancho Carlsbad R*v. 7/17/97 269 Director of Finance, and that upon posting of said bond the City agrees to release the property, or any portion of it as to which said posting applies, from the provisions of this agreement, and to execute any necessary release to enable the record title of the property to be released from the lien herein imposed. City approvals may be granted by the Director of Finance, and shall not be unreasonably withheld. B. If Property Owner posts a surety performance bond pursuant to section 5 A, above, and thereafter fails to timely pay the premium to keep the bond in full force and effect, such failure shall constitute a breach of this agreement and an act of default PRIOR to expiration of said bond, entitling City to call the bond in the full amount then remaining due. Property Owner shall provide City's Director of Finance with proof of payment of said premium not less than two (2) weeks prior to the otherwise expiration date for said bond. Section 5. A description of the property referred to herein and upon which said lien is imposed is described as follows: Parcels 2 and 3 of Final Parcel Map MS 96-08. Prior to recordation of this Agreement, Property Owner shall obtain and record a release or subordination of all other liens and encumbrances on said parcels, except those specified in Section 3. Xf- Section 6. This agreement and the covenants contained herein shall be binding upon and inure to the benefit of the successors, heirs, assigns and transferees of Property Owner, shall run with said real property, and create an equitable servitude upon said real property. RanchoCarbtod R«v. 7/17/97 270 Executed by Property Owner this PROPERTY OWNER: _ RANCHO CARLSBAD PARTNERS, a California General Partnership THE CARLSBAD RESIDENT ASSOCIATION, INC., a California nonprofit mutual benefit corporation, Its Genejal Partner o ^ — ""l X<sign here) (print name/title here) fme/title here) BROOKVALE TERRACE BUILDING COMPANY, a California Limited Partnership, Its General Partner ABRAHAM KEH, General Partner FRANCES KEH, General Partner CARLSMD.RANCHO LTD., a California Limited Partnership, Its General Partner By: CARLSBERG MOBILE HOME PROPERTIES, INC., a California corporation, Its General Partner day riO. 19/7 OAK SHADOWS BUILDING COMPANY, LTD., a California General Partnership, Its General Partner Bv: ABRAHAM KEH, General Partner Bv: FRANCES KEH, General Partner CITY OF CARLSBAD, a municipal corporation of the State of California R. PATCHETT City Manager APPROVED AS TO FORM: RONALD R. BALL, City Attorney By. (print name/title here) Bv: D. RICHARD Assistant City Attorney (sign here) Bv: (print name/title here)here) Clx4 — ABRAHAM KEH Its General Partner RinchoCarbbKi Rev. 7/17/87 12 December 19, 2001 Sue Loftin LOFTIN &WARD 4330 La Jolla Village Drive, Suite 330 San Diego, CA 92122 RELOCATION OF RAMCHO CARLSBAD MOBILE HOME PARK RV STORAGE AREA, MAINTENANCE FACILITIES, WASTE DISPOSAL FACILITY, VEHICLE WASH FACLITY AND COMMUNITY GARDEN (THE "RC AMENITIES") Pursuant to our telephone conversation earlier today, I have prepared this letter to memorialize our understanding regarding the future relocation of the Rancho Carlsbad Mobile Home Park (RCMHP) amenities located on Parcel 4 owned by RCMHP. We recognize and acknowledge that the future construction of College Boulevard Reach A will effectively sever the physical access to the RCMHP amenities currently enjoyed by the residents living within the park. We also recognize and acknowledge that the future construction of Retention Basin BJ will require relocation of all RCMHP amenities located within the area of inundation created by Basin BJ including the RV storage area, sewer disposal site, maintenance facilities and portions of the community garden. City staff will pursue the goal of collaboratively working with the RCMHP owners, the Zone 15 developers and the McMillin Company towards a solution which includes relocation of the RV storage area, sewer disposal site, maintenance facilities and community garden onto the approximately 5.7 acre parcel of land located generally north of the RCMHP property and south of future Cannon Road Reach 3 as shown on the attached Exhibit 1. The relocation of these facilities will include planning and design for such facilities, site preparation, provision of utilities, installation of replacement RCMHP amenities, installation of security fencing, installation of appropriate pedestrian and vehicular access from RCMHP across Calavera Creek and processing of any discretionary actions and agency permits. City staff will also pursue the goal crafting a financial plan for the relocation of said facilities in such a manner as to not require any financial involvement of the RCMHP over and above their current obligation for payment of Local Drainage Area "B" fee and RCMHP's dedication Sue Loftin Letter Page 2 of the needed land or easements required to construct Basin BJ in exchange for the relocation benefits generally outlined in this letter. It is the City's further intention to require establishment an appropriate financing mechanism(s) to spread the costs of the relocation in a fair and equitable manner in accordance with State law and to require construction of the relocated RCMHP amenities, including without limitation, access from the existing Lot/Parcel 2 (the Lot/Parcel on which the mobilehomes are located) of RCHOA prior to construction of Reach A of College Boulevard and Retention Basin BJ. If you have further questions or comments on this matter, please feel free to give me a call to discuss. Respectfully, David Mauser Deputy City Engineer c City Manager Public Works Director Community Development Director Planning Director Bill Arnold, Rancho Carlsbad Owner's Association Brian Millich, McMillin Development Company David Bently, Cantarini Ranch Bob Ladwig, Ladwig Design Group HITC cf>II,cmyx ATTORNEYS AT LAW An Association of Independent Law Firms L. SUE LOFTIN THE PLAZA LA JOLLA VILLAGE slofiin-gloftinlaw.com 4330 LA JOLLA VILLAGE DRIVE, SUITE 330 SAN DIEGO, CALIFORNIA 92122 JASMIN D. FLORES TELEPHONE (858) 535-9380 HUGH McLEAN , OF COUNSEL iflores.'ft'.loftinlaw.com FACSIMILE (858)535-9381 (858)481-6861 WRITER'S DIRECT LINE WEB ADDRESS: (858) 535-9380 CLIENT/MATTER NUMBER \v\v\v.lawvt rs.com/loftinlaw.com RCOA-471 January 15, 2002 VIA HAND DELIVERY The Honorable Mayor "Bud" Lewis & Esteemed Councilpersons City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Re: EIR 98-02 - CALAVERA HILLS PHASE II/B: BRIDGE & THOROUHFARE #4; DETENTION BASINS BJ & BJB AND CT 00-02- MASTER TENTATIVE MAP FOR CALAVERA HILLS PHASE II (the "Project") Hearing Date: January 15, 2002 Hearing Time: 6:00 p.m. ACTION REQUESTED: A Yes vote on the Project, providing the Conditions of Approval include those conditions as set forth in this correspondence. Dear Honorable Mayor "Bud" Lewis & Esteemed Councilpersons: This correspondence is submitted on behalf of the Rancho Carlsbad Owners' Association, Inc., a California nonprofit mutual benefit corporation, representing its Members, the individual owners of Ranc'ho Carlsbad Country Club Estates. The purpose of this correspondence is to support the above project, providing the following conditions are approved and incorporated into the resolutions presented for the above referenced Project: THE LOFTIN FIRM The Honorable Mayor "Bud" Lewis & •Esteemed Councilpersons January 15,2002 Page 2 of4 ERRATA SHEET, 1-15-2 Prepared by D. Mauser, as amended by Association On page 2 of City Council Resolution No. under the section that reads "The City Council of the City of Carlsbad, California does hereby resolve as follows:" append the following statements: 4. That condition numbers 31, 38 and 39 imposed by the Planning Commission in Planning Commission Resolution No. 5117 be revised to read as follows: 31. Prior to issuance of the first building permit for the Calavera Hills Phase II project ("Project"), the applicant shall cause Owner to enter into a purchase option agreement with the City of Carlsbad and the Rancho Carlsbad Owners Association offering the City the option to purchase, at not mo:re than fair market value, an approximately 5.7 acre parcel of land, to provide a relocation site for facilities that will either be replaced by or have the access severed by the construction of College Boulevard Reach A or Detention Basin BJ(the "Facilities Replacement Area"). The general location of the Facilities Replacement Area is shown on the Rancho Carlsbad Exhibit as the location of the Rancho Carlsbad Owners Association facilities, including the community garden, RV parking lot, wash area and waste disposal area. The purchase option agreement shall provide that if the City does not exercise its option to purchase by January 1, 2010, the Rancho Carlsbad Owners' Association may exercise the option and purchase the parcel. The sole consideration for this Option shall be the agreement by Rancho Carlsbad Owners Association to withdraw its opposition to and formally support the Project at the Planning Commission and City Council hearing(s), and any other governmental agency. The "Project" is defined as Calavera Hills Master Plan, Phase II, Bridge and Thoroughfare District No. 4 and Detention Basins Project. The agreement shall also provide that the Rancho Carlsbad Owners Association, with agreement of Owner, may process any and all permits and applications with the appropriate governmental agencies required for the implementation of these provisions provided any such permits issued are conditioned upon the transfer of the parcel. Alternately, the owner may elect to process the necessary permits and applications to implement these provisions itself. The agreement shall also provide that if either the Owner or Rancho Carlsbad Owners' Association are denied by any approving governmental agency a requested permit necessary for use of THE LOFTIN FIRM The Honorable Mayor "Bud" Lewis & 1 Esteemed Councilpersons January 15,2002 Page 3 of4 the 5.7 acre parcel for a community garden, RV parking lot, wash area and waste disposal area, then the purchase option agreement shall automatically terminate. The^City shall provide the mechanism whereby thej3urchase by the AssociatjgjishaJJ-be_eJjg]ble for credit and repayment from the appropriate funding source or sources established by the7C"i!y~~ whjc[ri includ_gJQ[s purpoje. .Any such clne^TralTdnrepayrrrerrtTfTe^fTanism itiiirbinmpTelm^ with the transfer to the Cityby thP^Ranrhn_Q^rkhari OwnPfg f^^^^^n^Th^ prripprty pghtc rAqpir^?T to install Basin BJ. If the Rancho Carlsbad Owners Association and Owner are unable to reach agreement with respect to the terms of the purchase option agreement by May 1, 2002, the Rancho Carlsbad Owners Association and Owner shall enter into binding arbitration to resolve the terms of the agreement, subject to concurrence by the City to the extent the terms impact the City's obligations under the agreement. Such arbitration to be paid for by Owner. The City Manager and City Attorney, or their designees, shall be authorized to negotiate and enter into the purchase option agreement on behalf of the City, provided it complies with the terms of this condition, without further review by the City Council. The actual purchase or acquisition of the property which is the subject of the option agreement will require City Council review and approval. 38. . The applicant shall construct a five-foot sound wall atop a three-foot earthen berm to run along the south side of Reach 3 of Cannon Road between El Camino Real and the intersection with College Boulevard (the "Berm"). The Berm and the slope shall be fully landscaped, as shown on the Rancho Carlsbad Exhibit, on that portion of the berm and slope facing the Rancho Carlsbad Mobile Home Park. The landscaping plans shall be approved prior to the approval of the final map for CT 00-02 and such landscaping shall be installed at least 30 days prior to the opening of Cannon Road to public traffic. The sound wall shall be located a minimum of 20 feet from the edge of the southern right-of-way of Cannon^Rbad Reach 3, where wetlands or other sensitive habitats do not interfere. 39. The applicant shall cause the Owner to plant eucalyptus trees, or such other trees as are comparable in price and availability, and native hydroseeding on an approximately 2.51 acre parcel of land generally located between Cannon Road Station 150 plus 80 feet and the intersection of College Boulevard and Cannon Road, as shown on the Rancho Carlsbad Exhibit as the grove parcel. Approximately 2.25 acres THE LOFTIN FIRM The Honorable Mayor "Bud" Lewis & Esteemed Councilpersons January 15,2002 Page 4 of 4 of this parcel of land, generally located between Cannon Road Station 151 and the intersection of College Boulevard and Cannon Road, shall be deeded or provided by permanent easement to the Rancho Carlsbad Owners Association at no cost. Deeding or granting of the easement, and planting and irrigation of the grove parcel shall occur at least 30 days prior to the opening of Cannon Road Reach 3. If the conditions as stated above are not adopted as part of the Project approval, then the Association does NOT support the project and refers the City to its Letter of Objections, dated, December 5, 2001 addressed to Eric Munoz, and incorporating correspondence dated 10-10-01 and objections to Army Corp of Engineers, dated 11-9-01, and filed with the City Clerk, for the Planning Commissioners consideration. The Association would like to commend the City Council on its staff, particularly David Hauser and Eric Munoz, both of whom have worked with the Association in a positive manner during the Planning Commission process and leading up to the City Council hearings. L. Sue Loftin, Esq. LSL:seb Encl: Three (3): The Rancho Carlsbad Exhibit; Exhibit 1 Robertson Rancho & Letter dated 12- 19-1 from David Hauser C:Via Email: Client David Hauser Eric Munoz Amy Nefouse, Esq. (Attorney for McMillin) Brian Miliich, for McMillin 1-2 2-3 3-4 5-6 6-7 7-6 8-9 B-10 10-11 11-12 12-13 13-1 4-14 14-15 15-11 12-15 14-3 DELTA/BEARING N77*55'34"W N48*19'13"E H51'3«'15"£ N5T15'171E -OG"03'28" N5n5'17"E A -2ff17'56' N8V33'13"E N48-19'13"E N22'28>26'W -14-16M7" A -14-01'39" N48-19'13"E RADIUS 210.0 190.0 1451.0 1451.0 1451.0 LENGTH &0.37" 386.97' 404.31' 1165.94' 80,79' 253.09' 29.53' 64.57V 26.72' 468,71' 716.66' 360.95* 409.59' 18.00' 157.77' \ -JV * BASIS OF BEARING- COURSE f 16-17 PER RECORD OF SURVEY #17111 IE S51* 39'15"W,\^ \%ROBERTSON RANCH ADJUSTMENT PLAT 01-13 (FACILITIES REPLACEMENT / AREA)PARCEL B \ 5.44 ACRES PARCEL A PARCEL B TOTAL 2.51 AC. 5.44 AC. 7.85 AC. PLAT OF PORTION OF PARCEL 3 CfTY OF CARLSBAD ADJUSTMENT PUT 01-13 BEING A PORTION OF LOT E OF RANCHO AQUA HEDIONDA, CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA PER MAP #823, RECORDED NOV. 16, 1B96 LADUJIC MSiON MOW, INC 703 PROMflfl PURPORT flOflD surresoo CflftLSSRO. Qfl 92009 PHOf* (760) 438-3182 FflX (760)436-0173 EXHIBIT 1 ROBERTSON RANCH L-1074 -12/1 fi/01 13 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 follows: RESOLUTION NO. 2002-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CERTIFYING AN ENVIRONMENTAL IMPACT REPORT, CEQA FINDINGS OF FACT, STATEMENTS OF OVERRIDING CONSIDERATIONS, A MITIGATION MONITORING AND REPORTING PROGRAM, AND APPROVING A GENERAL PLAN AMENDMENT, MASTER PLAN AMENDMENT, ZONE 7 LOCAL FACILITIES MANAGEMENT PLAN AMENDMENT, ZONE CHANGE, MASTER TENTATIVE MAP AND HILLSIDE DEVELOPMENT PERMIT WITHIN THE CALAVERA HILLS MASTER PLAN ON PROPERTY GENERALLY LOCATED SOUTH OF THE CITY OF OCEANSIDE AND WEST OF LAKE CALAVERA IN THE NORHTEAST QUADRANT OF THE CITY. CASE NAME: CALAVERA HILLS PHASE II/BTD #4 AND BASINS CASE NO.: EIR 98-02/GPA 99-03/MP ISOfHVLFMP 87- 07(AVZC 01-01/CT 00-02/HDP 00-02 The City Council of the City of Carlsbad, California, does hereby resolve as WHEREAS, the Planning Commission did on December 19, 2001, and January 2, 2002 hold duly noticed public hearings as prescribed by law to consider the land use actions and entitlements outlined above to facilitate the buildout of the Calavera Hills Master Plan and the environmental review for the master plan as well as the roads and basins to be covered by Bridge and Thoroughfare District #4 or similar financing mechanism. The Planning Commission adopted Planning Commission Resolutions No. 5112 through 5118, recommending to the City Council that the above listed items be approved; and WHEREAS, the City Council did on the 15th day of January, 2002 hold a duly noticed public hearing as prescribed by law to consider the EIR, Statement of Overriding v- Considerations, CEQA Findings of Fact and Mitigation Monitoring and Reporting Program, General Plan Amendment, Master Plan Amendment, Zone 7 Local Facilities Management Plan Amendment, Zone Change, Master Tentative Map and Hillside Development Permit and; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the above described project; 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 City Council of the City of Carlsbad, California does hereby resolve as follows: 1.That the above recitations are true and correct. 2. That the findings of the Planning Commission in Planning Commission Resolutions No. 5112, 5113, 5114, 5115, 5116, 5117 and 5118 constitute the findings of the City Council in this matter. 3. That the conditions imposed by the Planning Commission in Planning Commission Resolutions No. 5112, 5113, 5114, 5115, 5116, 5117 and 5118 constitute the conditions of the City Council in this matter. Except that condition numbers 31, 38 and 39 imposed by the Planning Commission in Planning Commission Resolution No. 5117 be revised to read as follows: "31. Prior to issuance of the first building permit for the Calavera Hills Phase II project ("Project"), the applicant shall cause Owner to enter into a purchase option agreement with the City of Carlsbad and the Rancho Carlsbad Owners Association offering the City the option to purchase, at not more than fair market value, an approximately 5.7 acre parcel of land, to provide a relocation site for facilities that will either be replaced by or have the access severed by the construction of College Boulevard Reach A or Detention Basis BJ (the "Facilities Replacement Area"). The general location of the Facilities Replacement Area is shown on the Rancho Carlsbad Exhibit as the location of the Rancho Carlsbad Owners Association facilities, including the community garden, RV parking lot, wash area and waste disposal area. The purchase option agreement shall provide that if the City does not exercise its option to purchase by January 1, 2010, the Rancho Carlsbad Owners Association may exercise the option and purchase the parcel. The agreement shall also provide that the Rancho Carlsbad Owners Association, with agreement of Owner, may process any and all permits and applications with the appropriate governmental agencies required for the implementation of these provisions provided any such permits issued are conditioned upon the transfer of the parcel. Alternately, the Owner may elect to process the necessary permits and applications to implement these provisions itself. v "The agreement shall provide that if either the Owner or Rancho Carlsbad Owners Association are denied by any approving governmental agency a requested permit necessary for use of the 5.7 acre parcel for a community garden, RV parking lot, wash area and waste disposal area, then the purchase option agreement shall automatically terminate. The City shall provide the mechanism whereby the purchase by the Association shall be eligible for credit and repayment from the appropriate funding source or sources established by the City which include this purpose. Any such credit and repayment mechanism shall be implemented prior to or concurrent with the transfer to the City by the Rancho Carlsbad Owners Association of the property rights required to install Basin BJ. If the Rancho Carlsbad Owners Association and Owner are unable to reach agreement with respect to the terms of the purchase option agreement by May 1, 2002, the Rancho Carlsbad Owners Association and Owner shall enter into binding arbitration to resolve the terms of the agreement, subject to concurrence by the City to resolve the terms of the agreement, subject to concurrence by the City to the extent the terms Resolution No. 2002-016 page 2 of 4 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 impact the City's obligations under the agreement. Such arbitration to be paid for by Owner. The City Manager and City Attorney, or their designees, shall be authorized to negotiate and enter into the purchase option agreement on behalf of the City, provided it complies with the terms of this condition, without further review of the City Council. The actual purchase or acquisition of the property which is the subject of the option agreement will require City Council review and approval." "38. The applicant shall construct a five-foot sound wall atop a three-foot earthen berm to run along the south side of Reach 3 of Cannon Road between El Camino Real and the intersection with College Boulevard (the "Berm"). The Berm and the slope shall be fully landscaped, as shown on the Rancho Carlsbad Exhibit, on that portion of the Berm and slope facing the Rancho Carlsbad Mobile home Park. The landscaping plans shall be approved prior to the approval of the final map for CT 00-02 and such landscaping shall be installed at least 30 days prior to the opening of Cannon Road to public traffic. The sound wall shall be located a minimum of 20 feet from the edge of the southern right-of-way of Cannon Road Reach 3, where wetlands or other sensitive habitats do not interfere." "39. The applicant shall cause the Owner to plant eucalyptus trees, or such other trees as are comparable in price and availability, and native hydroseeding on an approximately 2.51 acre parcel of land generally located between Cannon Road Station 150 plus 80 feet and the intersection of College Boulevard and Cannon Road, as shown on the Rancho Carlsbad Exhibit as the grove parcel. Approximately 2.25 acre of this parcel of land, generally located between Cannon Road Station 151 and the intersection of College Boulevard and Cannon Road, shall be deeded or provided by permanent easement to the Rancho Carlsbad Owners Association at no cost. Deeding or granting of the easement, and planting and irrigation of the grove parcel shall occur at least 30 days prior to the opening of Cannon Road Reach 3." 4. The recommendation of the Planning Commission for a General Plan Amendment, GPA 99-03, as shown in Planning Commission Resolution No. 5113, is hereby accepted, approved in concept and shall be formally approved in connection with General Plan Amendments GPA 01-06 and GPA 01-15. 5. The City Council shall retain jurisdiction over uses proposed for Village H and shall act as the final decision maker on such uses following a recommendation from the Planning Commission." 'V- EFFECTIVE DATE: This resolution shall be effective upon its adoption, except as to the General Plan Amendment, which shall be effective thirty (30) days following its adoption. Resolution No. 2002-016 page 3 of 4 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 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 15th day of JANUARY 2002, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila» Nygaard, Hall NOES: None CLAUDI ATTEST: rOOD, City Clerk (SEAL) Resolution No. 2002-016 page 4 of 4 14 OPTION AGREEMENT THIS OPTION AGREEMENT is made on October 8_, 2002, at Carlsbad, California, by and among CALAVERA HILLS H LLC, a California limited liability company ("Seller"), the CITY OF CARLSBAD, a municipal corporation ("Buyer"), and the RANCHO CARLSBAD OWNERS ASSOCIATION INC., a California corporation ("Beneficiary"). RECITALS A. Property. Seller is the owner of approximately 5.7 acres of real property, including all improvements located thereon, in the City of Carlsbad, in San Diego County, California, identified more particularly on Exhibit A hereto and described in the Purchase Agreement and Escrow Instructions attached hereto as Exhibits B and C (the "Property"). B. Purpose. Buyer desires to acquire the exclusive right to purchase the Property, under specified terms and conditions, without becoming obligated to purchase it. Should Buyer choose not to purchase the Property, Beneficiary desires the exclusive right to purchase the Property, under specified terms and conditions, without becoming obligated to purchase it. The Property is intended to be used to provide a relocation site for Beneficiary's community garden, RV Parking Lot (which includes, without limitation, parking for boats, cars, jet skis, RVs, hay wagons and other personal items), wash area and waste disposal area, subject to any applicable governmental approvals (collectively referred to herein as the "Intended Uses"), that will either be replaced by or have the access severed by the construction of Reach A of College Boulevard and/or installation of Detention Basin "BJ" as part of the Bridge & Thoroughfare District No. 4 and Detention Basins Project, all of which was analyzed in Final EIR No. 98-02 (SCH No. 99111082),1 along with and including the CaJavera Hills Master Plan Phase II (collectively referred to herein as the "Project"). Buyer and Beneficiary each specifically agree that if either of them exercises the option to purchase the Property, they will do so solely for the purpose of using the Property for the Intended Uses. C. Scope. This Agreement is not intended to provide any rights to Buyer or Beneficiary with respect to the Property or future entitlements for the Robertson Ranch, except as expressly set forth in this Agreement. AGREEMENT NOW, THEREFORE, the parties agree as follows: 1. Grant of Option to Buyer. Seller hereby grants to Buyer the exclusive right to purchase the Property ("Buyer's Option") during the term of Buyer's Option set forth in Section 3 below, at the price to be determined pursuant to Section 8 below, and according to 1 City Council Resolution No. 2002-016, dated January 15,2002. SD_DOCS\304222.12 15 / BENTEQ REAL ESTATE RECEIVED May 12,2004 MAY 17 2004 Mr. David Hauser, Deputy City Engineer DPRA DTMEU-T CITY OF CARLSBAD utWRTMENT 1635 Faraday Avenue Carlsbad, CA 92008 RE: Rancho Carlsbad HOA; Replacement Site Project & "BJ" Project Dear David: Pursuant to our telephone conversation yesterday, I want to notify the City that the Rancho Carlsbad Owners Association (RCOA) and I have signed our agreements (Option to Purchase Parcel 4 & Entitlement Consulting Agreement) for the above referenced projects. My first major task is to initiate negotiations with the McMillin Co. for the purchase of the "Replacement Site". Since the City of Carlsbad is a party to the 3-parry (RCOA, McMillin Co., City of Carlsbad) Option Agreement that encumbers the Replacement Site, I want to keep the City apprised of our activities and learn about any special issues or requirements the City may have relative to those negotiations. I recognize, as you noted, that the purchase price of the Replacement Site has to be supported by a market value appraisal. Naturally, as the ''"buyer", theRCOA arid I share that concern. In fact, our interest is to acquire'Ihe:'Replacement: Site for the lowest possible price. As prescribed by my agreements with the RCOA^my role in the Replacement Site purchase negotiations will be as their agent under the current 3-party Option Agreement. Under the terms of the RCOA-BENTEQ agreements, our mutual goals include completing the design and review process, securing entitlements and permits, purchasing the Replacement Site and constructing the replacement facilities. Once completed, the improved Replacement Site would be traded for, what we hope will be, a Parcel 4 (the "BJ Basin" site) property that is designed, entitled and permitted for development as the "BJ Basin" and a multi-family project. The underlying goal is to create value for the Parcel 4-BJ Basin property that exceeds the costs associated with the Replacement Site and relocation process. This can be achieved by securing approvals for multi-family or another commercially valuable land use for the Parcel 4 property. Our success will ensure that the costs of the RCOA Replacement Site, facilities relocation and BJ Basin will not become an extra burden for the City or the Zone 15 property owners. As discussed, I initiated this project with the RCOA more than two years ago with the goal of addressing a critical component of the College Blvd./Zone 15 development before it became an extraordinary problem.' Given the RCOA's knowledge of the process, their pragmatic view together for; mutual benefit and we have developed a great working relationship in the process. 7449 Magellan Street * Carlsbad, CA 92009 * 760-476-9572 * benteq@adelphia.net 4729 E. Sunrise Drive, PMB433 * Tucson, AZ 85718 * 520-299-2179 Mr. David Hauser City of Carlsbad 5/12/2004 Page 2 of 2 For more than a year, the RCOA has been working with Bob Ladwig and other professional consultants to develop a design for the Replacement Site that will satisfy then* HOA facility needs (RV Parking, maintenance & gardens). Prior to that, I began working with Bob Ladwig and other professional consultants to formulate a plan and design for the Parcel 4 property (the "B J Basin Apartments") that would enable us to fulfill the detention basin requirement while also generating a commercially valuable land use. Our preliminary design submittal (PRE 02-15) for the "BJ Apartments" received generally supportive comments from the Planning Staff in June 2002. With the RCOA-BENTEQ agreements now signed and the preliminary studies complete, we are anxious to move forward. As we progress, we welcome any comments, direction and support you can provide. Additionally, if there is any information or assistance you need from us, please don't hesitate to call. We look forward to working with you toward the successful completion of this and our other Zone 15 area projects. Very truly yours, David M. Bentley, CCIM Mr. Bill Arnold-RCOA .Mr. RussKohl-RCOA Ms. Sue Loftin, Esq. - for RCOA Mr. Bob Ladwig, Ladwig Design Group Mr. Richard Moskitis, Esq. - for BENTEQ Mr. Marc Wing, BENTEQ 16 CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES MANAGEMENT PLAN AMENDMENT ZONE 15 (C) Prepared For: City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, California 92008 Prepared By: Ladwig Design Group Inc. O'Day Consultants Linscott Law & Greenspan Approved by City Council on December 7, 2004 SPONSORING LAND OWNER: David M. Bentley Bentiey - Monarch 7449 Magellan Street Carlsbad, CA 92009 Holly Springs, LTD Lucia Sipple PO Box 2484 Carlsbad, CA 92018 Zone 15 LFMP Page ii August 2004 DRAINAGE FACILITIES I. PERFORMANCE STANDARD — Drainage facilities must be provided as required by the City concurrent with development. H. FACILITY PLANNING AND ADEQUACY ANALYSIS _ Zone IS is located in the Agua Hedionda Lagoon Watershed. The storm water within this watershed flows through man-made channels, storm drains, and natural drainage courses to Agua Hedionda Creek. Agua Hedionda Creek, in turn, flows into the Agua Hedionda Lagoon. The primary source of information contained in this report is extracted from the master drainage plan entitled, "Master Drainage and Storm Water Quality Management Plan for the - City of Carlsbad, California," dated March 1994, and prepared by Fraser Engineering/Cooper Engineering Associates. This Master Drainage Plan sets forth the comprehensive local drainage systems necessary to meet the long-term needs of the City. In addition to the Master Drainage Plan, this plan references the Rick Engineering Company report for Rancho Carlsbad Channel and Basin Project, Job #13182, dated June 30, 1998. The - hydrology study provides additional analysis and mitigation measures for a 100-year flood plain hi the northeast quadrant of the City. ~~ As was indicated in the City wide Faculties and Improvements Plan, drainage is distinguished __ from all other public facilities and improvements because, by its very nature, it is more _ accurately assessed as specific development plans are finalized. However, certain facilities may be necessary which are larger than those required from a single development project and, therefore, need to be identified so that the proper funding can be collected for the construction _ of these facilities. A. INVENTORY 1. Existing Facilities ~ The existing major drainage facilities (30" or larger) mat are within Zone 15 are shown on the Master Drainage and Storm Water Quality Management Plan dated March 1994. The existing major drainage facilities within Zone IS are as follows: Facility Location Improved Channel Rancho Carlsbad Mobile Home Park Earth Channel Rancho Carlsbad Mobile Home Park ZonelSLFMP Page 85 August 2004 2. Proposed Build Out Facilities: Facility BJ: This system (little Encinas Creek) carries water from the City of Oceanside near future Cannon Road. Portions of this upper pipe system may be deleted. The natural flow will go through Basin BJ and will flow under College Boulevard in a 3' x 6' box culvert and join an earthen channel adjacent to Rancho Carlsbad Mobile Home Park which flows under El Camino Real to Agua Hedionda Lagoon. Facility BL: Removal of a headwall on an existing 78" RCP in College Boulevard East of Sunny Creek Road at the proposed Agua Hedionda Creek Bridge (BL includes provision for a bridge on College Boulevard across Agua Hedionda Creek). Facility BM: A natural channel is proposed with a 5' x 12' soft bottom structure crossing "A" Street in the Cantarini project. The existing agricultural lake will be eliminated. Note: The following facilities are within Zone 15 hi areas where no development is proposed: BJC, BID, & BQ as identified in die Master Drainage Plan. The Drainage Master Plan does not recommend any improvements to any of the major drainage facilities outside of Zone 15. The location and size of the proposed storm drain facilities have been approximated for the purposes of this plan. The actual locations and sizes will be defined as the surrounding area develops and the storm runoff is analyzed according to current design standards. The City is currently in the process of revising die Drainage Master Plan. The updated version win analyze the adequacy of the existing storm drain facilities and propose the construction for specific major storm drain facilities so that future development will continue to conform with the adopted performance standard as development occurs. It should be noted that the Rick Engineering 1998 study identifies flooding at the Rancho Carlsbad Mobile Home Park bridge on Agua Hedionda Creek. Although no mitigation is required to meet the performance standard, future development within the Agua Hedionda Creek Basin may be required to provide additional mitigation to the satisfaction of the City Engineer as a result of subsequent hydrology studies. ZonelSLFMP Page 86 August 2004 B. PHASING The watershed boundaries are shown hi the City Master Drainage plan. The approach taken to establishing the watershed boundaries is based on ensuring that needed facilities are hi place prior to or commensurate with development. C. ADEQUACY FINDINGS Existing drainage facilities currently do not meet the adopted performance standard for major storm drain facilities. The hydrology report prepared by Rick Engineering Company has indicated that a drainage inadequacy exists in the event of a 100-year flood mat will require construction of detention basins and restoration or reconstruction of Calavera Creek and Little Encinas Creek through detention basin BJ. In addition to the future facilities required by the Rick Engineering Study, future development will be required to construct any major drainage facilities identified hi the current Master Plan at the tune of development as determined by the City Engineer. The revised Drainage Master Plan may also require additional conditions at the time of development. The construction of these facilities will be a condition to the approval of future development hi Zone IS so that conformance with the adopted performance standard will be maintained. ffl. MITIGATION Special Conditions A. All future development hi Zone 15 will be required to construct any future Zone 15 storm drain facilities identified hi the current Drainage Master Plan and revised Drainage Master Plan for each watershed basin as determined by the City Engineer. Any facilities necessary to accommodate future development must be guaranteed prior to the recordation of the first final map, issuance of a grading permit or building permit, whichever occurs first hi Zone 15. B. Prior to the recordation of any final map, grading permit or building permit (whichever occurs first), for any specific project within Zone 15, the developers of that project are required to: 1. Pay the required drainage area fees established hi the current Drainage Master Plan and; 2. Execute an agreement to pay any drainage area fees established hi the forthcoming revised Drainage Master Plan. ZonelSLFMP Page 87 August 2004 C. Prior to the recordation of the first final map, issuance of grading permit or building permit, whichever occurs first within Zone 15, the developers are required to financially guarantee Zone 15's proportional share of the following to the satisfaction of the City Engineer: 1. Sediment detention basin "BJ" to be installed hi Zone 15 upstream of College Boulevard along with a 3' x 6' box culvert under College Boulevard and an un- lined channel within basin "BJ". 2. Restoration or reconstruction of approximately 3,500 feet of Calavera Creek from detention basin "BJB" to El Camino Real bridge to the satisfaction of the City Engineer. Rick Engineering is currently studying options for improvement of both Agua Hedionda and Calavera Creeks through and adjacent to Rancho Carlsbad Mobile Home Park. 3. Provide a mechanism for the maintenance of the "BJ" sediment detention basin. 4. Remove the existing headwall of the 78" RCP in College Boulevard and connect to the new bridge at Agua Hedionda Creek. 5. Bridge on College Boulevard at Agua Hedionda Creek. D. Concurrent with the development of property within Development Area 1 of Zone 15, die following shall be constructed to the satisfaction of the City Engineer: 1. Sediment detention basin "BJ" including a 3' x 6' Box Culvert under College Boulevard and unlined channel within basin "BJ." 2. Connection of the existing 78" RCP hi College Boulevard to the new bridge at Agua Hedionda Creek. 3. Bridge on College Boulevard at Agua Hedionda Creek. E. Phasing - Cannon Road Reach 3 and College Boulevard Reaches B and C are scheduled to be completed hi August of 2004. College Boulevard Reach A (El Camino Real to Cannon Road) may be phased and could be constructed either from the north end at Cannon Road or the south end at the bridge at Agua Hedionda Creek. Drainage improvements could be constructed in 2 phases and coordinated with the phased College Boulevard improvements. Detention basin "BJ" and the restoration of Calavera Creek could be constructed with the northerly portion of College Boulevard and the Agua Hedionda bridge and 78" RCP connection with the southerly portion of College Boulevard. ZonelSLFMP Page 88 August 2004 IV. FINANCING All of Zone IS falls within Drainage Master Flan Area B. Fees for these drainage areas were recently updated and range from $3,949 per acre for low runoff areas and $6,463 per acre for high runoff areas. However, future development must comply with condition B above which may affect actual fees applied to final maps. The cost of the proposed detention basin BJ and the 3* x 6' box culvert is estimated to be $614,580 and the estimated cost of the bridge on College Boulevard at Agua Hedionda Creek is estimated at $2,012,500. The cost for Calavera Creek improvements is not determined to date. Estimated cost does not include land acquisition or relocation of onsite land use on proposed BJ Basin site. Additional acquisition and relocation costs will be the responsibility of private development in Zone 15. The financing for the required drainage facilities shall be borne by the developed of Zone 15. To the extent provided by the City Planned Local Drainage Area Fee Program, the costs incurred by individual developers for constructing Master Plan Drainage facilities shall be reimbursed from Planned Local Drainage Area "B" fee revenues at a time and in a manner as determined by the City Council. ZonelSLFMP Page 89 August 2004 17 V,,.,. 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. 2004-387 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A GENERAL PLAN AMENDMENT, TENTATIVE TRACT MAP, SITE DEVELOPMENT PLAN, AND HILLSIDE DEVELOPMENT PERMIT FOR THE CANTARINI RANCH PROJECT GENERALLY LOCATED NORTH OF EL CAMINO REAL AND EAST OF THE COLLEGE BOULEVARD AND CANNON ROAD INTERSECTION WITHIN LOCAL FACILITIES MANAGEMENT ZONE 15. CASE NAME: CANTARINI RANCH CASE NO.: GPA 01-09/CT 00-18/SDP 01-10/HDP 00-09 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, on October 20, 2004, the Carlsbad Planning Commission held a duly noticed public hearing to consider a proposed General Plan Amendment (GPA 01-09), Tentative Tract Map (CT 00-18), Site Development Plan (SDP 01-10), Hillside Development Permit (HDP 00-09), and adopted Planning Commission Resolutions No. 5751, 5752, 5753, 5754, and 5755 respectively, recommending to the City Council that GPA 01-09, CT 00-18, SDP 01-10, and HDP 00-09 be approved; and WHEREAS, the City Council of the City of Carlsbad, did on the 7th day of December 2004, hold a public hearing to consider the recommendations and heard all persons interested in or opposed to GPA 01-09, CT 00-18, SDP 01-10, and HDP 00-09; and 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 recommendation of the Planning Commission for the approval of the General Plan Amendment (GPA 01-09) as shown in Planning Commission Resolution No. 5751, is hereby accepted, approved in concept and shall be formally approved in connection with General Plan Amendment Batch No.3 comprised of GPA 00-06, GPA 01-09, and GPA 04- 16. 3. That the recommendation of the Planning Commission for the approval of the Tentative Tract Map, Site Development Plan, and Hillside Development Permit is approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 5753, 5754, and 5755, on file with the City Clerk and made a part hereof by reference, are the findings and conditions of the City Council. 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 "NOTICE TO APPLICANT" "The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008." EFFECTIVE DATE: This resolution shall be effective upon its adoption, except as to the General Plan Amendment, which shall be effective thirty (30) days following its adoption. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 7th day of December 2004, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Hall and Packard. , NOES: None ABSENT: CounciLMember Kulchin. LORRAINE M.^OOD, City Clerk (SEAL) -2- 3 4 5 REMAINDER PARCELS TOTALING APPROXIMATELY ONE ACRE ON PROPERTY GENERALLY LOCATED EAST OF 6 7 0 CASE NO: CTOO-18 8 9 10 T C1IIUI C, iiUJ That portion of Lot "B" in Rancho Agua Hedionda, in the City Venture; Holly Springs, Ltd.; and Rancho Carlsbad Partners "Owners," described as 12 13 14 16 17 22 23 24 PLANNING COMMISSION RESOLUTION NO. 5753 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CARLSBAD TRACT CT 00-18 TO SUBDIVIDE A 156.72 ACRE SITE INTO 105 RESIDENTIAL LOTS, ONE MULTI-FAMILY LOT, SEVEN OPEN SPACE LOTS, SIX HOA-MAINTAINED LOTS, AND TWO COLLEGE BOULEVARD AND NORTH OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 15. CASE NAME: CANT ARINI RANCH WHEREAS, Bentley Monarch LLC, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by The Bentley-Monarch Joint of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County on November 16, 1896, described in a Grant Deed recorded July 9, 1962 as File/Page No. 116406 of Official Records. Except therefrom that portion thereof described in a Grant Deed recorded November 19, 1965 as File/Page No. 210231 of Official Records. Also including portions of Lot "D" and "E" of said Map No. 823, described in a Grant Deed recorded September 7, 1995, as Doc. # 1995- 18 00100176 of Official Records. Also including a portion of Lot 19"""B" of said Map No. 823, described in a Grant Deed recorded September 7,1995, as Doc. # 1995-0398027 of Official Records 20 ("the Property"); and 21 » WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits "A" - "II" dated October 20, 2004, on file in the Planning Department CANT ARINI RANCH - CT 00-18, as provided by Chapter 20.12 of the Carlsbad 25 Municipal Code; and 26 WHEREAS, the Planning Commission did, on the 20th day of October, 2004, 27 hold a duly noticed public hearing as prescribed by law to consider said request; and 28 23. That the subdivision is consistent with the development standards of SP 191 2 including: 1) preserving the rural and natural characteristics of the area; 2) designing property lines in keeping with the natural terrain by following natural 3 drainage courses, ridge lines and tops of graded slopes, wherever practicable; and 3) by creating buildable lots with usable access without undue alteration of the terrain. 4 24. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed g to mitigate impacts caused by or reasonably related to the project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project. 7 Conditions; 8 o Note: Unless otherwise specified herein, all conditions shall be satisfied prior to final map approval or issuance of grading permit, whichever occurs first. 10 1. If any of the following conditions fail to occur; or if they are, by their terms, to be 11 implemented and maintained over time, if any of such conditions fail to be so _ implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all 13 future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to 14 compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of 15 this Tentative Tract Map. 16 2. Staff is authorized and directed to make, or require the Developer to make, all corrections 17 and modifications to the Tentative Tract Map documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development 18 shall occur substantially as shown on the approved Exhibits. Any proposed development . - different from this approval, shall require an amendment to this approval. 20 3. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 21 4. 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 law on this Project are 23 challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid 24 unless the City Council determines that the project without the condition complies with all requirements of law. 25 ~, 5. Developer shall implement, or cause the implementation of, the Cantarini Ranch/Holly Springs Joint EIR (EIR 02-02) Project Mitigation Monitoring and Reporting Program. 27 6. Developer shall implement, or cause the implementation of, the Calavera Hills Master 28 Plan Phase II, Bridge and Thoroughfare District No. 4, & Detention Basins EIR (EIR 98-02) Project Mitigation Monitoring and Reporting Program for the construction PC RESO NO. 5753 -6- of College Boulevard Reach A, bridge over Agua Hedionda Creek, Basin BJ, and 2 associated drainage improvements. 3 7. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims c and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Tentative Tract Map, (b) 6 City's approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until 9 all legal proceedings have been concluded and continues even if the City's approval is not validated. 10 8. Developer shall submit to Planning Department a reproducible 24" x 36" mylar copy of the Tentative Map reflecting the conditions approved by the final decision making body. 12 9. Prior to the issuance of a building permit, the Developer shall provide proof to the 13 Director from the Carlsbad Unified School District that this project has satisfied its obligation to provide school facilities. 14 ., 10. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 15 Local Facilities Management Plan and any amendments made to 16 that Plan prior to the issuance of building permits. 11. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect 20 shall be placed on the Final Map. 12. This approval is granted subject to the certification, adoption and approval of the 22 Environmental Impact Report (EIR 02-02) and Mitigation Monitoring and Reporting Program, LFMP 15(C), GPA 01-09, ZC 00-05, SDP 01-10, HDP 00-09, 23 and SUP 00-09, and is subject to all conditions contained in Planning Commission Resolutions No. 5749,5750, 5751, 5752, 5754, 5755 and 5756 for those other approvals 24 incorporated herein by reference. 25 13. As a condition of this approval, applicant must comply with the requirements of all 26 regulatory agencies having jurisdiction over the project and any mitigation requirements of the environmental documents for the project. Pursuant to Government Code section 27 65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140 applicant shall grant a conservation easement for the conservation, protection, and management of fish, wildlife, native plants and the habitat necessary for biologically sustainable PC RESO NO. 5753 -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 28 46. In accordance with the Zone 15 LFMP, Developer shall provide for the relocation of the existing Rancho Carlsbad RV storage lot, maintenance facilities and community garden (collectively the "Rancho Carlsbad Facilities") impacted by the College Boulevard and Basin BJ improvements. The Developer obligation includes, but is not limited to, securing an alternate site for relocating the Rancho Carlsbad Facilities, obtaining a Conditional Use Permit (CUP) and/or other discretionary permits necessary for the relocation and constructing replacement improvements for the Rancho Carlsbad Partners property. The relocation shall be processed to the satisfaction of the Planning Director and the City Engineer. Developer shall enter into a secured agreement with the City guaranteeing construction of the Rancho Carlsbad Facilities in a form acceptable to the City Engineer. 47. Developer shall provide written approval from NCTD that this project provides adequate facilities for bus transit services. Such evidence shall be provided to the satisfaction of the City Engineer. Fees/Agreements 48. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City's standard form Geologic Failure Hold Harmless Agreement. 49. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. 50. Developer shall construct street improvements to College Boulevard approximately 4,200-feet from its existing northerly terminus near El Camino Real to the intersection of Cannon Road. These improvements shall consist of 'Core' Improvements. 'Core' improvements include design and construction costs for full- width grading, two 18-foot wide paved lanes, median curb, and road drainage crossings (Improvements). The Developer has proposed the 'Core' Improvements be funded by a private financing program with participating property owners. Prior to final map approval, Developer shall provide evidence of a private financing program, necessary to design and construct the Core Improvements, executed by all participating property owners to the satisfaction of the City Engineer. 51. If Developer is unable to obtain property owner approval of a private financing program necessary to construct those street improvements identified in the condition above, the 'Core' Improvements may be funded by a public Financing Program (Public Program) subject to City Council approval. This Public Program request shall be processed and initiated to the satisfaction of the City Engineer prior to final map approval. If funded by a Public Program, Developer may be eligible for reimbursement for constructing the 'Core' Improvements. If a Public Program is approved, Developer shall enter into a Reimbursement Agreement prior to Final Map approval. The Reimbursement Agreement shall be prepared to the satisfaction of the City Engineer and City Attorney. PCRESONO.5753 -14- 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 52. 53. 54. 55. 56. 57. If a Public Program is approved to fund the 'Core' Improvements for College Boulevard, Developer shall cause property owner to execute a Prepayment Agreement that requires the Developer secure its fair-share costs toward the Public Program. The Prepayment Agreement shall be prepared, processed and approved to the satisfaction of the City Engineer, Finance Director, and City Attorney prior to Final Map approval. Prior to final map approval, the Developer shall develop and agree to the formation of a comprehensive financing program guaranteeing the construction of the core improvements for Cannon Road Reach 4A in accordance with the requirements of the amended Zone 15 Local Facilities Management Plan (LFMP). Cannon Road Reach 4A extends east from the intersection with College Boulevard approximately 900 feet. The core improvements consist of full width grading, two 18-ft paved lanes, median curbs, drainage facilities required to protect the roadbed, and transition improvements to full City standard intersection improvements at the intersection with College Boulevard. The financing program guarantee must also address the acquisition of the right-of-way (ROW) for the road, slope and drainage easement in addition to the design, construction and environmental mitigation measures. Developer shall construct the bridge supporting College Boulevard as shown on the Tentative Map. The Developer, by constructing the bridge, may be eligible for reimbursement and/or credit against payment of the Planned Area Drainage Fees (Area B) in accordance with the City Drainage Fee Program. Prior to final map approval, Developer shall enter into a reimbursement and/or fee credit agreement to the satisfaction of the City Engineer and City Attorney. Developer shall construct Detention Basin 'BJ' just east of the intersection of College Boulevard and Cannon Road as shown on the Tentative Map, including the box culvert outlet structure crossing College Boulevard. The Developer, by constructing the basin and box culvert, may be eligible for reimbursement and/or credit against payment of the Planned Area Drainage Fees (Area B) in accordance with the City Drainage Fee Program. Prior to final map approval, Developer shall enter into a reimbursement and/or fee credit agreement to the satisfaction of the City Engineer and City Attorney. Developer shall install a 36" potable waterline (490 zone) and appurtenances in College Boulevard from its existing northerly terminus near El Camino Real to the intersection of Street 'A' and extending in 'A' Street to the easterly subdivision boundary as shown on the Tentative Map. Developer shall also install a 16" potable waterline (490 zone) in College Boulevard from 'A" Street to Cannon Road. The Developer, by constructing these improvements, may be eligible for reimbursement by the water collection fee program. Prior to final map approval, Developer shall enter into a reimbursement agreement to the satisfaction of the City Engineer and City Attorney. This project shall be annexed into City of Carlsbad Street Lighting and Landscaping District No. 2 (SL & LD #2). Prior to approval of any grading, building permits or final map for this project, Developer shall cause Owner to execute an PC RESO NO. 5753 -15- 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 and obtain an amendment of this approval or modify the plans so grading will not occur outside the project and apply for and obtain a finding of substantial conformance from both the City Engineer and Planning Director. Dedications/Improvements 66. 67. 68. 69. 70. 71. 72. 73. Developer shall cause Owner to execute a covenant of easement for private ingress, egress and private underground utilities over the pairs of lots that share common driveways including Lots 10 and 11,12 and 13, 29 and 30,34 and 35, 42 and 43, 47 and 48, 49 and 50,51 and 52,61 and 62,66 and 67,68 and 69,70 and 71,88 and 89, 90 and 91,108 and 109 as shown on the Tentative Map. The obligation to execute and record the covenant of easement shall be shown and recording information called out on the Final Maps. Developer shall dedicate emergency access and fire lane easements over the common shared driveways on the final map to the satisfaction of the Fire Marshal and City Engineer. Prior to the first Final Map approval, all public infrastructure, including but not limited to public streets and underground utilities as shown on the Tentative Map, shall be designed, processed and approved to the satisfaction of the City Engineer with security posted. Developer shall construct all shared common driveways, including underground service laterals, concurrent with the construction of public streets within this subdivision. Developer shall cause Owner to dedicate to the City and/or other appropriate entities for all public streets and other easements shown on the Tentative Map. The offer shall be made by a certificate on the Final Maps. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that already public are not required to be rededicated. Developer shall cause Owner to make an irrevocable offer of dedication (IOD) to the City for the trail easements necessary to encompass the proposed trails as shown on the Tentative Map and Pedestrian Circulation and Trails Plan. The offer shall be made by a certificate on the final maps. All land so offered shall be offered free and clear of all liens and encumbrances and without cost. Streets that are already public are not required to be rededicated. The City Trails Manager shall decide whether the IOD for trails will be accepted or rejected prior to approval of the final map. Additional drainage easements may be required. Developer shall dedicate and provide or install drainage structures, as may be required by the City Engineer, prior to or concurrent with any grading or building permit. Developer shall execute a City standard Subdivision Improvement Agreement to install and secure with appropriate security as provided by law, public improvements shown on the Tentative Map and the following improvements including, but not limited to paving, PCRESON0.5753 -17- 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 base, sidewalks, curbs and gutters, medians, signing and striping, traffic control, grading, clearing and grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street lights, retaining walls and reclaimed water, constructed to City Standards and to the satisfaction of the City Engineer. The improvements are: a. Core Improvements to College Boulevard street improvements from its existing northerly terminus just north of £1 Camino Real extended to Cannon Road. Core Improvements consist of full-width grading, two 18-ft lanes, median curbs, and road drainage crossings, drainage facilities required to protect the roadbed, full-width bridge crossing for College Boulevard over Agua Hedionda Creek, erosion control, landscape, irrigation, and transition improvements to full City standard street improvements with Cannon Road and Sunny Creek Road. b. In addition to core improvements, complete half-street improvements for College Boulevard are required along the project frontage per City Standards. Complete half-street improvements include a 32-ft paved half- street width consisting of two 12-foot lanes and an 8-foot bike lane, curb, gutter, streetlights, fire hydrants, median hardscape, median landscaping and irrigation, parkway landscaping and irrigation, and street drainage facilities. c. Street and utility improvements for 'A' Street, 'B' Street, 'C' Street, 'D' Street, 'E' Street, 'F' Street, 'G' Street, 'H' Street, T Street, 'J' Street, 'K' Street, 'L' Street, 'M' Street, «N» Street, '€>' Street, «P» Street as shown on the Tentative Map. d. Construct a new 36" potable waterline (490 zone) and appurtenances in College Boulevard to 'A' Street from the existing terminus just north of £1 Camino Real to 'A' Street continuing in 'A' Street to the easterly subdivision boundary. e. Construct a new 16" potable waterline (490 zone) and appurtenances in College Boulevard from 'A' Street to Cannon Road intersection. f. > Construct a new 12" recycled waterline (384 zone) and appurtenances in College Boulevard from its existing terminus near £1 Camino Real to Cannon Road. g. Potable Pressure Reducing Stations as shown on the Tentative Map. A list of the above shall be placed on an additional map sheet on the Final Map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the subdivision or development improvement agreement or such other time as provided in said agreement. 74. Developer shall execute a separate City standard Subdivision Improvement Agreements (one for each item below) to install and secure with appropriate security as provided by PCRESON0.5753 -18- 18 1 RESOLUTION NO. 2004-388 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A GENERAL PLAN 3 AMENDMENT, TENTATIVE TRACT MAP, AND HILLSIDE DEVELOPMENT PERMIT FOR THE HOLLY SPRINGS 4 PROJECT GENERALLY LOCATED NORTH OF EL CAMINO REAL AND EAST OF THE COLLEGE BOULEVARD AND 5 CANNON ROAD INTERSECTION WITHIN LOCAL FACILITIES MANAGEMENT ZONE 15. 6 CASE NAME: HOLLY SPRINGS CASE NO.: GPA 00-06/CT 00-21/HDP 00-12 7 The City Council of the City of Carlsbad, California, does hereby resolve as 8 follows: 9 WHEREAS, on October 20, 2004, the Carlsbad Planning Commission held a duly noticed public hearing to consider a proposed General Plan Amendment (GPA 00-06), Tentative Tract Map (CT 00-21), and Hillside Development Permit (HDP 00-12), and adopted Planning Commission Resolutions No. 5757, 5759, and 5760 respectively, recommending to the City Council that GPA 00-06, CT 00-21, and HDP 00-12 be approved; and .. WHEREAS, the City Council of the City of Carlsbad, did on the 7th , day 16 of December 2004, hold a public hearing to consider the recommendations and heard 17 all persons interested in or opposed to GPA 00-06, CT 00-21, and HDP 00-12; and 18 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of 19 Carlsbad, California, as follows: 20 1 - That the above recitations are true and correct. 21 2. That the recommendation of the Planning Commission for the approval of the General Plan Amendment (GPA 00-06) as shown in Planning Commission Resolution No. 22 5757, is hereby accepted, approved in concept and shall be formally approved in connection with General Plan Amendment B.atch No. 3 comprised of GPA 00-06, GPA 01-09, and GPA 04- 23 16. 24 3. That the recommendation of the Planning Commission for the approval of the Tentative Tract Map and Hillside Development Permit is approved and that the findings and 25 conditions of the Planning Commission contained in Planning Commission Resolutions No. 5759 and 5760, on file with the City Clerk and made a part hereof by reference, are the findings 2" and conditions of the City Council. 27 28 1 "NOTICE TO APPLICANT" 2 "The time within which judicial review of this decision must be 3 sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by 4 Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court 5 not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the 6 decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount 7 sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is 8 extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the 9 party, or his attorney of record, if he has one. A written request for the preparation of the record of proceedings shall be filed with 10 the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008." EFFECTIVE DATE: This resolution shall be effective upon its adoption, except as to the General Plan Amendment, which shall be effective thirty (30) days following its . adoption. 15 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 16 Carlsbad on the 7th day of December 2004, by the following vote, to wit: 17 AYES: Council Members Lewis, Finnila, Hall and Packard. lg NOES: None 19 ABSENT: Council Membe^-^ulchin. 20 21 22 CLAUDE A. LEWIS, Mayoi 23" 24 ATTEST: 25 26 VLPKRAINE ty WOOD, City Clerk 27 (SE 28 -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 PLANNING COMMISSION RESOLUTION NO. 5759 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CARLSBAD TRACT CT 00-21 TO SUBDIVIDE A 119.85 ACRE SITE INTO 43 RESIDENTIAL LOTS, SIX OPEN SPACE LOTS, FOUR HOA-MAJNTAINED LOTS, AND ONE 19.3 ACRE REMAINDER PARCEL ON PROPERTY GENERALLY LOCATED EAST OF COLLEGE BOULEVARD AND SOUTH OF FUTURE CANNON ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 15. CASE NAME: HOLLY SPRINGS CASE NO.: CT 00-21 WHEREAS, David M. Bentley, "Developer," has filed a verified application with the City of Carlsbad regarding property owned by Holly Springs, Ltd. "Owner," described as Those portions of Lots "D" and "E" of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 823, filed in the Office of the County Recorder of San Diego, November 16, 1896 ("the Property"); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibits "A" - "O" dated October 20, 2004, on file in the Planning Department HOLLY SPRINGS - CT 00-21, as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 20th day of October, 2004, v- hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of 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 of the City of Carlsbad as follows: TSa***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 future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Tentative Tract Map. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. Developer shall comply with all applicable provisions of federal, state, and local laws and regulations in effect at the time of building permit issuance. 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 law on this Project are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Developer shall implement, or cause the implementation of, the Cantarini Ranch/Holly Springs Joint EIR (EIR 02-02) Project Mitigation Monitoring and Reporting Program. Developer shall implement, or cause the implementation of, the Calavera Hills Master Plan Phase II, Bridge and Thoroughfare District No. 4, and Detention Basins EIR (EIR 98-02) Project Mitigation Monitoring and Reporting Program for the construction of College Boulevard Reach A, bridge over Agua Hedionda Creek, Basin BJ, and associated drainage improvements. Developer/Operator shall and does hereby agree to indemnify, protect, defend and hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Tentative Tract Map, (b) City's approval or issuance of any permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and (c) Developer/Operator's installation and operation of the facility permitted hereby, including without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. This obligation survives until all legal proceedings have been concluded and continues even if the City's approval is not validated. Developer shall submit to Planning Department a reproducible 24" x 36" mylar copy of the Tentative Map reflecting the conditions approved by the final decision making body. PC RESO NO. 5759 -6- 9. Prior to the issuance of a building permit, the Developer shall provide proof to the 2 obligation to provide school facilities. 3 10. This project shall comply with all conditions and mitigation measures which are required ^ as part of the Zone 15 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. 11. Building permits will not be issued for this project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and that water and sewer capacity and facilities will continue to be available until the time of occupancy. A note to this effect 5 9 10 Environmental Impact Report (EIR 02-02) and Mitigation Monitoring and 11 Reporting Program, LFMP 15(C), GPA 00-06, ZC 00-09, and HDP 00-12, and is 12 5757,5758, and 5760 for those other approvals incorporated herein by reference. 13 13. As a condition of this approval, applicant must comply with the requirements of all14 15 16 17 28 Director from the Carlsbad Unified School District that this project has satisfied its shall be placed on the Final Map. 12. This approval is granted subject to the certification, adoption and approval of the subject to all conditions contained in Planning Commission Resolutions No. 5749, 5750, regulatory agencies having jurisdiction over the project and any mitigation requirements of the environmental documents for the project. Pursuant to Government Code section 65871 and Carlsbad Municipal Code Title 20, Chapter 20.04, section 20.04.140 applicant shall grant a conservation easement for the conservation, protection, and management of fish, wildlife, native plants and the habitat necessary for biologically sustainable populations of certain species thereof, in accordance with the City's adopted Habitat Management Plan.18 14. Prior to the recordation of the Final Map(s), the Developer shall execute a document or documents, to the satisfaction of the Planning Director and the City Attorney, in relation to the open space habitat Lots 10, 18, 27, 47, 48 and 53 to ensure the following: a. Select a conservation entity, subject to the approval by the Planning Director, that possesses the necessary qualifications to hold title to the open space lots and ensure management of the open space lots for conservation purposes. b. Prepare a Property Analysis Record (PAR) or other method acceptable to the Planning Director for estimating the costs of management and monitoring of the open space lots in perpetuity. c. Based on the results of the PAR, provide a non-wasting endowment, or other financial mechanism acceptable to the Planning Director and Wildlife Agencies, to the selected conservation entity in an amount sufficient for management and execute a document to ensure the future transfer of ownership of the open space lots along with the non-wasting endowment, to the City or its designee, to provide PC RESO NO. 5759 -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 42. Prior to issuance of any building permit, Developer shall comply with the requirements of the City's anti-graffiti program for wall treatments if and when such a program is formally established by the City. 43. Developer shall provide to the City Engineer, an acceptable means, CC&Rs or/and other recorded document, for maintaining the private easements within the subdivision and all the private improvements: storm water quality units, drainage swales/concrete-lined ditches, and trail facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. 44. This project is approved for up to six (6) Final Maps for the purposes of recordation in the order of phasing shown on the tentative map. Map Phases 1-5 shall be submitted, processed and recorded concurrently, unless otherwise approved by the City Engineer and the Planning Director. Phase 6 may be submitted, processed and recorded at a later date, provided no grading is proposed prior to Phase 6 map recordation. 45. If Developer desires to record a Final Map out of the phase approved on the tentative map, the new phasing may be approved or conditionally approved by the City Engineer and Planning Director if they are satisfied that public infrastructure necessary to support each phase of development is in place or secured to the satisfaction of the City Engineer. 46. Developer shall cause property owner to submit for, process and receive approval of a Lot Line Adjustment (ADJ 00-14) that adjusts the boundary of the subdivision to match that as shown on the Tentative Map. The Lot Line Adjustment shall be recorded prior to submittal of the first Final Map for this project. The Lot Line Adjustment shall be prepared to the satisfaction of the City Engineer. 47. No final map, grading or improvement permits shall be issued or approved until the public street and public utility improvements that serve this project are dedicated, secured, and constructed to the satisfaction of the City Engineer. These improvements consist of, but are not limited to, College Boulevard street and public utility improvements from its existing terminus near El Camino Real to Cannon Road, College Boulevard bridge, Basin BJ, 'A' Street, <J' Street, 'M' Street, and *C» Street all as shown on the Tentative Map for CT 00-18. 48. The final map for this project shall not record in advance of the final map for CT 00-18, as the improvements for this project are contingent on CT 00-18 constructing them, unless otherwise approved by the City Engineer. 49. This project is subject to approval of CT 00-18 and is subject to all conditions, which are incorporated herein by reference. 50. Developer is responsible to pay prevailing wage on all work that is subject to reimbursement by public funds in accordance with State Law. PCRESONO. 5759 -13- 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 Fees/Agreements 51. 52. 53. 54. 55. 56. Developer shall cause property owner to execute and submit to the City Engineer for recordation, the City's standard form Geologic Failure Hold Harmless Agreement. Developer shall cause property owner to execute and submit to the City Engineer for recordation the City's standard form Drainage Hold Harmless Agreement regarding drainage across the adjacent property. This project shall be annexed into City of Carlsbad Street Lighting and Landscaping District No. 2 (SL & LD #2). Prior to approval of any grading, building permits or final map for this project, Developer shall cause Owner to execute an Agreement to annex the subject property into City of SL & LD #2. The Agreement shall be in a form approved by the Assistant City Finance Director and the City Attorney. Developer shall pay all fees necessary to annex the property into SL & LD#2. Developer shall cause property owner to execute, record and submit a recorded copy to the City Engineer, a deed restriction on the property which relates to the proposed cross lot drainage as shown on the Tentative Map over Lots 1-4, 6, 7, 9,15,22-26,31-35,38, 39,40,41,42, and 49-51. The deed restriction document shall be in a form acceptable to the City Engineer and shall: a. Clearly delineate the limits of the drainage course; b. State that the drainage course is to be maintained in perpetuity by the underlying property owner; and c. State that all future use of the property along the drainage course will not restrict, impede, divert or otherwise alter drainage flows in a manner that will result in damage to the underlying and adjacent properties or the creation of a public nuisance. Prior to final map approval, the Developer shall develop and agree to the formation of a comprehensive financing program guaranteeing the construction of the core improvements for Cannon Road Reach 4A in accordance with the requirements of the amended Zone 15 Local Facilities Management Plan (LFMP). Cannon Road Reach 4A extends east from the intersection with College Boulevard approximately 900 feet. The core improvements consist of full width grading, two 18-ft paved lanes, median curbs, drainage facilities required to protect the roadbed, and transition improvements to full City standard intersection improvements at the intersection with College Boulevard. The financing program guarantee must also address the acquisition of the right-of-way (ROW) for the road, slope and drainage easement in addition to the design, construction and environmental mitigation measures. The City is currently in the process of updating its Master Drainage and Water Quality Management Plan (Master Drainage Plan) and associated Planned Local Drainage Area (PLDA) fees. Prior to final map approval the developer shall pay the PC RESO NO. 5759 -14- 19 Owners' Association, Inc. 5200 El Camino Real, Carlsbad, California 92010-7118 Phone: (760) 438-0333 fax: (760) 438-1808 March 20, 2008 The Honorable Mayor "Bud" Lewis & Esteemed Councilpersons City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 RE: Drainage Master Plan Update EIR 04-02 SCH#2006041066 Dear Mr. Mayor & Councilpersons: In the coming weeks your staff will be scheduling for your review and approval, the Drainage Master Plan Update that was approved by the Planning Commission on January 16, 2008. This letter is intended to focus your attention on two separate, but somewhat related issues of concern, regarding funding in this EIR document that are not we understand in the purview of the Commission. We had some minor issues that have been addressed and other than funding, we are pleased to know that the dredging issues of our creeks will be moving toward the final approval stage and hopefully completion sometime in 2009. The original approval of Rancho Carlsbad as an owner community in 1998 by City Council stipulated that we would be subject to the City's Drainage Master Plan and that furthermore, we would be required to pay a share of the drainage costs $318,000. A lien on our common property was filed, to be paid back over 10 years with interest. We made our final payment just this past January. A second stipulation was a "right of way," that was ceded to the City for a future extension of College Boulevard that would sever our common property, cutting off direct access to our Parcel #4, the two issues are related to the extent that the highway itself would serve a dual purpose, as a roadway arterial and as a dam for a flood water detention basin (BJ) to be constructed on Parcel #4 impacting 7 1/2 acres of the total 11 1/2 acres of that parcel. The original Rick Engineering study (1998) designed to remove our community from the 100 year FEMA flood zone called for four such basins, two impacting the Agua Hedionda Creek, one the Calavera Creek (BJB), and one, Little Encino Creek (BJ). In addition, the streambeds within our community were to be dredged down to the original design level removing the accumulated silt that had build up over the years. There were some serious flaws in the dredging plan that became evident by 2003, and a new study was requested by your staff from the same firm. That revised study released in December 2004 called for more extensive dredging particularly beyond our downstream border. This new study now indicated that 260 homes (over 50% of our community) would be inundated in a 100-year storm event, an increase of 120 homes over the 1998 study. Please note, this^new study still mandated all four basins plus it recognized the planned repairs of the outlet works at the Lake Calavera Dam and recommended changes in the BJB basin design to maximize the detention benefit. At no place in this new study was there any mention of changing the design of the BJ basin or questioning its need. The estimated water flows from the Little Encino Creek were included in all calculations. You can refer to page 10 of the Rick Engineering study. On page 17 it again emphasizes the need for all four basins and the repairs and modifications mentioned above. The installation of the 84" drainage pipe on the north side of Cannon Road had no net effect on any of the calculations in the Rick Engineering study of 2004. That pipe replaced the weir wall/split flow design in both the 1998 and 2004 reports. The use of our north privacy wall as a quasi dike was a flawed design from the start in our opinion and the opinions of others. The original design of Cannon Road (reach 3) should have included a drainage system contained within the highway right of way, instead of conveying all of the Calavera Creek water, plus drainage from a portion of the Robertson Ranch acreage and the highway itself onto the land below Cannon Road. The 84" pipe installation however did have a definite impact to the value of the land south of Cannon Road now owned by McMillin Corporation. It removed the 100-year flood line, which had bisected that acreage, greatly increasing its potential value. It's ironic that the developer, McMillin, then obtains financial reimbursement from public drainage funds for his costs. It also impacted Rancho Carlsbad's plan to utilize a 5.6-acre parcel of that land as a replacement site for our RV parking and community garden. When the City approved the EIR for Calavera Hills II and the construction of College Reach-B & C and Cannon Reach-3 in 2002, it was conditioned that Rancho Carlsbad would be given an option to acquire acreage south of Cannon Road. The City, McMillin and RCOA's attorney had conducted extensive negotiations in 2002 that granted us an option for 5.6 acres of the McMillin land identified as the Option Parcel. The City was to purchase the parcel from McMillin and swap it for the designed BJ basin site land on our Parcel #4. After the 84" pipe was installed, rumor had it that McMillin now valued that option land at over one million an acre. We then heard that City staff had requested a new hydrology study to determine the necessity of the BJ basin. This time your staff engaged Chang Consultants to do this analysis. Chang had been engaged by McMillin to do hydrology work as part of their Master Plan commitment for the entire Robertson Ranch project. Flood control has always been a high priority for us. We however lost confidence in the City process and now that the Robertson Ranch project was coming to finalization, we decided to hire our own expert on hydrology and flood control. A valued resource referred us to a Long Beach firm, Everest International Consultants. David Cannon, and his associate, Dr. Poon were engaged to review the above EIR. We also supplied them with all of the previous studies, reports and data. They also spent an entire day here reviewing the site, walking our streambeds, etc. Their conclusions in November 2005 were that the entire watershed for both creeks, need an analysis of existing conditions. Without that analysis no professional could assure that what had been done and was being planned, provided adequate protection for us. This was conveyed to your staff as part of our answer to the EIR. Nothing came of it. When we received the BJ basin analysis done by Chang, we turned it over to David Cannon for his comment. David Cannon's analysis of the Chang report is very direct and clear to any layman who would read it. He specifically answers point by point the rational used by Chang to justify eliminating the Bj basin. Chang used the prior Rick Engineering data in his analysis and that data clearly pointed to the continued need for the BJ basin. Chang then referred to the 84" pipe installation as a reason. Again Mr. Cannon pointed to the draft EIR for Robertson Ranch, which Chang analyzed only weeks before concluding the BJ basin, was still needed, a clear contradiction. Chang then suggests the lake can be lowered by three feet to a 206.0 elevation, contrary to a level agreed at a prior City meeting that a conservative assumption would be used at 209.0, because the lake level operation procedure is not automated. Finally, Mr. Cannon clearly points out, "There are several potential conflict of interest issues at work here that could affect the objectivity of the analysis." Hydrology is more art than science, its been said. The dictionary definition reads, "The science of dealing with the occurrence, circulation, distribution, and properties of the waters of the earth and its atmosphere." We all know the vagaries of weather predictions. There is a phrase used in all environmental reports regarding impacts to air, water, fish, wild life and native habitat. It's "less than significant," meaning no mitigation is required. In our layman's view, we believe that same approach should be used when evaluating the impact to our community from a flooding potential. Protection for human safety should not be just enough to avoid disaster, but double the protection to be most assured we won't be impacted. We don't get that feeling when we review these documents. The second concern we have is severance when College Boulevard reach-A is constructed. We thought,that issue was being addressed through the successful negotiations in 2002 to obtain an option on McMillin's land south of Cannon Road on which to relocate our facilities. Since that time, we have been asked by David Bentley in Zone 15 to consider a similar sized site adjacent to our eastern border. This site is preferable to us, as it helps buffer our residential area on the east and eliminates the need for a bridge. The land itself is just slightly in the 100-year flood zone, requiring minimal fill, only in the RV parking area. Mr. Bentley and his partners were planning a residential development on the adjacent acreage of this parcel to be known as "Dos Colinas." They submitted a C.U.P., which included our relocation site to your planning department. Prior to that, they successfully obtained approvals from the only two resource agencies requiring permits, the USF&W and the State Fish & Came. Your planning department responded generally in favor, but required further changes and clarifications. They had only minor comments on our relocation site. More recently, the land ownership of the "Dos Colinas" parcel changed hands. West Senior Living is the new owner. They have plans to develop this parcel as a senior living complex similar to La Costa Glen Carlsbad. We have met with the West officials, and have been assured that our relocation site plans will be honored. Although Mr. Bentley will not be part of the West Senior Living organization, the owner, Gary West is also the financial partner of Mr. Bentley for the Cantarini/Holly Springs development, who will also be building the final link of College Blvd. Bob Ladwig, a land-planning consultant to us, and David Bentley, has been retained in a similar capacity by WSL. The point of all this information is to demonstrate that acquiring this new relocation site is quite viable. The good news is, the low cost of this site (in the flood zone) as compared to the McMillin option parcel. Replacement of our infrastructure is also less (no bridge). The cost to build the BJ basin remains the same, as does the offer to swap 7 1/2 acres of our land on parcel #4, the designated site of the BJ basin. We also need to call to your attention, an agreement between the City of Carlsbad and Rancho Carlsbad that was reached during the negotiations prior to Council's approval of the combined EIR for Calavera Hills II, the Bridge, Thoroughfare #4, and Detention Basins BJ & BJB. An Errata Sheet 1-15-1 was attached to this approval. In addition, there was a letter from a City staff official dated 12/19/2001. Both documents spell out that we are to be relocated, our infrastructure replaced and at no cost to Rancho Carlsbad other than payment of the drainage fees (done) and dedication of BJ basin land (promised). Nothing has really changed other than our relocation site. The new site is more favorable to us, land acquisition is substantially less, infrastructure cost is less and all parties involved; the City, McMillin, Bentley, West Senior Living and Rancho Carlsbad should gain a beneficial result, the mark of fair negotiations. We now request City Council to do the following: 1. Approve construction of the BJ Basin and fund its cost. 2. Approve purchase of our new relocation site and commit to the replacement of our facilities on this new site. 3. Establish an appropriate funding mechanism(s) to spread the costs of the relocation in a fair and equitable manner. 4. To respond to our request in 30 days or prior if the Council vote on this EIR is earlier. Thank you for your consideration. Bill Arnold, Cnair Negotiating Committee Enclosures: Sue Loftin letter'1/15/02 and ERRATA Sheet 1-15-2 Dave Hauser letter 12/19/01 and map Engineering analysis of BJ basin-Chang Consultants 10/4/05 (items 1,2,3 - appendix not included) David Cannon memo dated 12/19/05 commenting on Chang analysis of BJ basin 10/4/05 Zone 15 map Cc: City Council Members (5) Lisa Hildebrand, interim - City Manager Glenn Pruim, Public Works Director Sue Loftin, RCOA Attorney 20 The L o f t i n Firm Carlsbad Location 5760 fleet Street, Ste. 110 Carlsbad, California, 92O08 Tel: 760A31.2111 Fax: 760.4Sl.2003 Respond to Carlsbad, CA location www.toftinfirm^otn doftin@loftinfirm.com Tennessee Location 407Main Stnxi, Ste. 205 Franklin, Tennessee, 37064 Tel: 615.567.6722 Fax: 615.567.6723 Client/Matter NutnbetiRCOA-lot 4- -010 Attorneys at Law Via Email & U.S. Mail May 12,2008 Lisa Hiidabrand, City Manager City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Re: Rancho Cartsbad Homeowners' Association, Inc. BJ Basin Dear Ms. Hiidabrand: This Firm represents the Rancho Carlsbad Homeowners' Association, Inc. (the "Association") and has represented the Association or its predecessor association since 1994. As such, we have full records on all public matters which have had, or might have, an effect upon the Association or the real property it governs. The purpose of this correspondence is to reinforce, but not restate, the verbal discussions at a meeting on April 25, 2008 among Glenn Prium and other City staff, David Bentley, Bob Ladwig, Dennis Obrien and representatives from the Association, and the confirmation email April 29,2008 from Bob Ladwig to Glenn Prium regarding the position of the Association with regard to the proposed deletion of the BJ Basin in the staff report for the DM? hearing. Simply stated, the Association is adamantly against the deletion of the BJ Basin for the reasons previously stated and stated herein below. As you are aware, a number of flood studies have been done over the last fifteen years. Except for the last flood study, all the flood studies made certain assumptions within the studies. In analyzing the need for the BJ Basin, these prior studies all assumed the other three basins were completed and the flood control mechanism at Calavera Lake were operational and based upon those assumptions, concluded the BJ Basin was required. The Association relied upon the prior studies and various City approvals incorporating the BJ Basin as a necessary flood control requirement. In a good faith effort to cooperate with all parties involved, the Association expended time and money to assure the City goal of constructing the BJ Basin was reached. MAR»nchoCarlsbad\LOT4\L.HUdabrai«i Glenn Prium re BJ Basin 5-12-8.doc THE LOFTIN FIRM Lisa Hiidabrand May 12,2008 Page 2 of4 The new McMillin flood study was based on the facts (rather than assumptions) that the other basins had been completed and the flood control mechanism at Calavera Lake had been repaired and concluded that with the completion of these construction projects, BJ Basin was no longer required. The assumptions in the prior studies match the facts in the McMillin flood study but the conclusions are different. The deletion of the BJ Basin at this point in time affects numerous approvals and specifically, but without limitation, the agreements made to the Association in the form of conditions of approval on the McMillin project and the approval of the E1R for mat project. With regard to the withdrawal of opposition of the McMillin project and all related permits and other approvals, including the EIR (the "McMillin Project"), the Association agreed to conditions of approval for the McMillin Project with included payment to the Association for the relocation costs from Lot 4 of the Rancho Carlsbad Property to another suitable location. Planning Commission Resolution No. 4032 stated in its findings (#15) jTJhat Improvements proposed in the Master Drainage Plan [the basin] will reduce flooding impacts and improve drainage to the mobitehome park. Portions of the Rancho Carlsbad Mobilehome Park are located within the 100 year floodplain as identified by the Federal Emergency Act (FEMA).... Because health and safety conditions exist (flooding), mitigation of the flooding impacts has been required as a condition of project approval.... in addition, the applicant has agreed to provide easement dedications for Lake Calavera Creek and Agua Hedionda Creek drainage channels to permit the City io mitigate flooding and drainage impacts pursuant to the Master Drainage Plan. These improvements will benefit the owners of the mobitehome park by reducing flooding impacts and improving drainage to the park. The Association and its members have now been waiting approximately ten (10) years to have the dredging of the creeks completed. This is a critical flood control issue for the property separate and apart from the BJ Basin issues. Further, since the City acknowledged in its findings mat Rancho Carlsbad Mobilehome Park is subject to an existing health and safety condition (flooding), the decision by staff to delete part of the mitigation for correcting that health and safety condition (flooding) places the Association, and its Members and residents, in potential jeopardy. Therefore, if Staff continues with its present plan to delete the BJ Basin from the flood mitigation plans, then the Association is hereby placing the City on notice that the Association, and its Members and residents, will hold the City responsible and liable for any damage to any property or persons in Rancho Carlsbad Mobilehome Park occasioned by flooding. Further, the Association hereby demands from the City an indemnity and hold harmless agreement from any claim, action or litigation that may arise by reason of the City failing to complete the flood mitigation plans as contemplated by the Resolutions of Approval on the project and for which Association has paid $318,000 plus interest over the last ten (10) years. The City paid money to assist McMillin in the construction of an 84' drainage line down Cannon Boulevard, Cannon was built without the drainage line installation as a condition of approval. Part of the money the City used to assist McMillin with this project came from the BJ Basin account. As a contributor to the flood control fund, the Association contends that said use was not appropriate. M:\Rancho Carlsbad\LOT4\LMUabrand,Giemi Prium re BJ Basin 5-12-8.doc: THE LOFT1N FIRM Lisa Hildabrand May 12,2008 Page 3 of4 For the reasons stated at the meeting, in Mr. Lad wig's email communication to you and in this correspondence, the Association respectfully requests that the City: 1. Amend the draft DMP to reinsert the BJ Basin into that document; a. Return the money used for the 84' pipe to the BJ Basin fund; and b. Commence work on the dredging of the creek beds within the Association property now; and c. Provide RCOA with a plan by which the City intends to finance the relocation of the amenities located on Lot 4; OR, 2. Do not reinsert the BJ Basin into the DMP; a. Which will result in the requirement in an extended EIR period; and b. Return the money used for the 84' pipe to the BJ Basin fund; c. Commence work on the dredging of the creek beds within the Association property now; and d. Provide RCOA with a plan by which the City intends to finance the relocation of the amenities located on Lot 4, and e. Provide the Association with an Indemnity and Hold Harmless Agreement whereby the City indemnifies and holds harmless the Association from any claim or litigation arising out of a flooding incident, AND Lastly, my clients would appreciate a response to correspondence written to the Mayor on March 20,2008. If you have any questions regarding this correspondence, please contact me. Sincerely, THE LOFTON FIRM . Sue Loftin, Esq. cc; Honorable Mayor Bud Lewis Honorable Councilpersons Ron Ball, City Attorney MARancho Carishad\LOT4U,,HiWabrand.Glenn Prium re BJ Basin 5-l2-8.doc: THE LOFTON FIRM Lisa Hildabrand May 12,2008 Page 4 of4 cc: Corrt: Glenn Prium.. Director of Public Works Clients David Bentley Bob Ladwig V,., M:\Rancho Carlsbad\LOT4\L.HiIdabrantl,Glenn Piium re Bj Basin 5-12-8.doc: Basin BJ Status Update Meeting April 25,2008 Attendees; Glenn Pniim City of Carlsbad Debbie Fountain City of Carlsbad DonNeu City of Carlsbad David Mauser City of Carlsbad Bill Arnold Rancho Carlsbad HOA (RCHOA) Jim Waltrip Rancho Carlsbad HOA Barbara Bevis Rancho Carlsbad HO A David Bentley Cantarini Ranch and Holly Springs Developments (Bently) Dennis Obrien West Senior Living (West) BobLadwig RCB Issues Discussed: Glenn Pruim started out by saying City staff have made the decision to delete Basin BJ from the City's Drainage Master Plan (DMP) and that the purpose of the meeting was to discuss how the goal of the Rancho Carlsbad residents to relocate their RV, community garden and maintenance facilities could still be met RCHOA and Bently asked for an official communication to explain the technical justification for the City's decision to delete Basin BJ from the DMP. RCHOA asked if the City would be willing to update the park homeowners on the City decision to remove Basin BJ. David Hauser indicated he would prepare an official communication explaining the reason for its decision. Glenn stated that the city was willing to provide an update on the Basin BJ decision to the HOA members sometime in late May. RCHOA requested that Council attend any presentations to their HOA. Staff asked if West was amenable to relocating the RV and community garden onto their property, under what conditions and what time frame. West indicated that they are willing to make provision within their property to accommodate the RV and community garden site. They are not prepared at this time to specify under what conditions. There was discussion about West Senior Living (WSL) expecting fair market value for the property. Timing would be tied to progress on their development approval but West was not prepared to agree to a specific project approval trigger or date at this time. It was noted that the proposed RV/commisnity garden site is located within the floodplain on property consider undevelopable except for Rancho Carlsbad facility and road access purposes. West radicated that they may request a preliminary review of their project at the end of May. A general discussion ensued about the financing for College Boulevard and Cannon Road Reach 4A relative to the Cantarini and Holly Springs project approvals. City staff asked Bently if they had made any progress on preparation of a financing plan and whether he intended to request City assistance with the formation of an assessment district. Bently responded that he was interested in proceeding with assessment district financing for the arterial road improvements. He indicated he would put together some type of letter and presentation to City staff explaining Ms financing proposal along with a "global solution" to the inter-related issues by May 23,2008. Bently indicated that the Cantarini/Holly Springs project would be submitted for second plan check in June or July, would be seeking a grading permit in summer 2009 and would have lots ready for construction at the end of 2010. In general, the solution proposed by RCHOA is for the City to purchase the Basin BJ site (presumably with PLDA funds) and RCHOA would use the proceeds of that sale to purchase the relocation site within the WSL property. Any shortfall in funds would need to be made up by the City or by revenue generated from development of the Basin BJ apartment site, Glenn Pruim discussed the potential for using the development of the remainder portion of the RCHOA property where existing RV, community garden and maintenance facilities are located, to help offset the costs to acquire the RV/comnauntty garden relocation site and fond the relocation construction costs. It was noted mat the current RCHOA property can not be developed for residential purposes without withdrawing units from the City residential unit bank. Debbie Fountain stated that the City would be interested in purchasing the remainder site if 1) the site was definitely found suitable and ready for development as an affordable site """~ and 2) that the Rancho Carlsbad residents would not object to an affordable housing site next to their development RCHOA noted that they were receptive to the use of the property as an affordable housing site assuming the project but were concerned about the percentage of low and very low affordable units. They noted that their concerns would be lessened if the affordable project were to be limited to seniors. Bently noted that development of the remainder site would be problematic from a cost perspective due to the high cost for the arterial road frontage improvements (Cannon and College) and me cost of the core improvements along Cannon Road Reach 4 A. 21 City of Carlsbad Off 1 ce of the City M a nager July 2, 2008 L. Sue Loftin, Esq. 5760 Fleet Street, Suite 110 Carlsbad, CA 92008 RANCHO CARLSBAD HOMEOWNERS' ASSOCIATION, INC. - BJ BASIN Dear Ms. Loftin: The purpose of this correspondence is to respond to your letter dated May 12, 2008, in which you stated the concerns that your client, Rancho Carlsbad Homeowners' Association (Association), has regarding the disposition of Basin BJ. In addition, this letter will provide you with City staffs recommendation on moving forward with the Drainage Master Plan and associated documents. In the third and fourth paragraphs of your letter, you discuss the history of drainage studies performed in the Rancho Carlsbad area and question the conclusions drawn from the most recent drainage study. As has been discussed in great detail in numerous meetings with Rancho Carlsbad representatives, the City does not agree with Rancho Carlsbad's position that the assumptions used for the latest drainage analysis are the same as those in previous drainage studies. The City's position is that the Rancho Carlsbad community, will benefit from the same level of flood control that they have been promised all along, once the Lake Calavera Improvements are completed. As you may be aware, the location for Basin BJ was selected based on where the future extension of College Boulevard (Reach A) crosses the natural drainage course. Although the City does not believe Basin BJ is required for flood control purposes, there is the potential that an area of impoundment may be created on the upstream side of College Boulevard when Reach A is constructed. For this reason, the City has decided to keep Basin BJ in the Drainage Master Plan. The Environmental Impact Report for the DMP, which received a recommendation for certification from the Planning Commission in January of this year, has fully-analyzed the impacts of a basin at this location and would not need to be amended prior to being presented to Council for their consideration to certify the document. The drainage fee program that accompanies the DMP does include funding for the construction of the earthwork needed to form the basin as well as the culvert that would be required across Reach A. Although there are detailed estimates for each item, the City is treating the drainage improvements necessary at this location as a single project, Project BJ. The actual configuration of the drainage culvert and any accompanying basin will only be determined when the developer of the Cantarini/Holly Springs (or other Zone 15) project submits detailed design drawings for the extension of College Boulevard. The sizing of the culvert and the associated flood impoundment area will be evaluated by City staff at that time. If the drainage configuration proposed at this location causes adverse flood-related impacts to the Association property, the developer proposing the improvements will be required to mitigate those impacts. Any previously approved conditions of approval on any land development projects in the area will be considered in the ultimate evaluation. Based on the above considerations, the City does not intend to provide for the financing of the relocation of any Association amenities associated with the DMP or the construction of Reach A. The party responsible for the construction of the Project BJ improvements will be eligible for reimbursement (or fee credits) from the drainage fee program up to the amount included in the Planned Local Drainage Area Fee Program account for the cost of the actual improvements only. 1200 Carlsbad Village Drive • Carlsbad, CA 92008-1989 « (760) 434-2821 • FAX (760) 720-9461 July 2, 2008 RANCHO CARLSBAD HOMEOWNERS' ASSOCIATION, INC. - BJ BASIN Page 2 Your letter also included the request that the City initiate the dredging of the creek beds within the association property immediately. As you are certainly aware, dredging in the creek beds has significant environmental implications and will require permits from numerous Resource Agencies. Prior to issuance of the needed permits, the Resource Agencies require a certified EIR for the project. The EIR being prepared for the DMP also addresses the creek dredging and is therefore required to be certified before the City can obtain the necessary permits. As mentioned above, the City's plan is to move forward with the DMP and associated documents in the same general form that they were presented to the Planning Commission, with the inclusion of Basin BJ. Staff is in the process of finalizing all documents and scheduling the items for Council consideration, which we anticipate will be in late July or early August. Prior to the Council meeting, staff will host a public workshop to discuss the development fees associated with the revised DMP. Depending on Council's action on the DMP, staff would continue to work with the Association and the developer responsible for Reach A, currently Cantarini/Holly Springs, to address the drainage improvements required. Additionally, the City will continue to work with the Association and the developers of the proposed project known as West Senior Living to explore potential relocation options. When coupled with the numerous meetings and conversations that have taken place between the City and the Association, the City believes that this letter also serves the purpose of responding to the Associations letter dated March 20, 2008. The Association President, Barbara Bevis, has been copied on this letter. If you have any questions, or require clarification of any points contained within this letter, please contact our Public Works Director, Glenn Pruim, at (760) 602-2730! Thank you for your time and attention to this matter. LISA HILDABRAND City Manager c: • Glenn Pruim Jane Mobaldi Ronald Kemp. David Mauser Don Neu Barbara Bevis 22 Firm Carlsbad Location - «-' - g ,; - <•<• Tennessee Location 5760 Heef Street, Ste. 210 | | mmmmt 407 Main Street, Ste. 205 Carlsbad, California, 92008 f | ""^ " Franklin, Tennessee, 37064 Tel: 760.431.2111 £ f Te/: 615.567.6722 Fax: 760.431.2003 1- I Fax: 615.567.6723 Respond to Carlsbad, CA Location www.loftinfirm.com Client/Matter Number:RCOA-Lot 4- sloftin@loftinfirm.com -010 Attorneys at Law Via Email & Overnight Mail July 22 2008 Lisa Hildabrand, City Manager City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Re: Rancho Carlsbad Homeowners' Association, Inc. ("RCOA") BJ Basin - Your Correspondence dated July 8, 2008 in Response to My Correspondence dated May 12,2008 CONFIRMATION OF APPROPRIATION OF PROPERTY FOR PUBLIC USE Dear Ms. Hildabrand: Thank you for responding on behalf of the City of Carlsbad (the "City") by your correspondence dated July 2, 2008 to the correspondence dated March 20, 2008 from RCOA and to the correspondence dated May 12, 2008 from this Firm written on behalf of our client RCOA regarding the proposed Drainage Master Plan Amendment, the Environmental Impact Report related thereto, the revised Planned Local Drainage Area Fee Structure and other related actions (collectively, "DMP"). Please note however that your letter in fact does not respond to the bulk of the issues raised by RCOA in the correspondence sent to you on March 20, 2008. We respectfully request that you respond to the other issues raised in that correspondence. RCOA respectfully requests that the City fund the purchase of replacement property, removal of improvements and the construction of the replacement improvements (collectively, "Replacement Property" or "Property").1 As admitted in your correspondence, the DMP does include funding for the construction of the earthwork needed to form the basin as well as the culvert that would be required across Reach A. Clearly, absent from the plan is funding for the Replacement Property. 'CACivProc§ 1235.170 M:\Rancho Carlsbad\LOT4\L.Hi!dabrand.Glenn Prium re BJ Basin 7-20-8.doc THE LOFTIN FIRM Lisa Hildabrand July 22, 2008 Page 2 of 4 The Property for the BJ Basin was appropriated from Lot 4 of Parcel Map No. 17985 (See, p. 4) in 1998 by the City as part of the Drainage Master Plan - a public purpose.2 Neither the actual physical use nor formal dedication of the Property is required and appropriation of Property for public use may occur even though it is owned by a private individual or corporation.3 The situs of the BJ Basin was approved as part of the approvals in RMHP 96-01, MS 96-08 and ZG 96-04 and was depicted on page 5 of the Residential Mobile Home Park Permit Map. There was dedication or condition of future dedication for this Property as part of the approvals for the conversion of Rancho Carlsbad County Club Estates from a rental mobilehome park to a resident owned mobilehome park. In a report from Rick Engineering dated July 1, 1998, the criteria considered in selecting potential proposed detention basin sites was enumerated: (1) Existing Drainage Master Plan (which includes BJ Basin) and (2) existing or proposed road crossings. Both criteria applied to BJ Basin. The report further stated that [DJetention basin construction at road crossings provides several benefits. Road crossings create a natural location for detention. They are cost- effective because the road embankment is used for detention. They do not create a significant increase in environmental impacts. Your correspondence states that there is the potential that an area of impoundment may be created on the upstream side of College Boulevard when Reach A is constructed and therefore, the City is leaving BJ Basin in the BMP. The reason stated throughout all of the drainage studies except the "Engineering Analyses of Detention Basin BJ" by Chang Consultants dated October 4, 2005, the BJ Basin is required for the health and safety of the public to reduce peak flows. Further, you, nor any other member of staff, have commented on the materials, including without limitation, the Cannon Report, dated December 19, 2005 submitted by RCOA challenging Chang's conclusions in his October 4, 20054 report submitted with Robertson Ranch Project, but which also contradicted his conclusions in September 2005 as evidenced in the report by Chang attached to the Robertson Ranch EIR. Therefore, your reasoning for leaving the BJ Basin in the DMP is flawed in that the selection of that particular site is separate and distinct from the clear conclusions that the BJ Basin is a required drainage and flood control facility with or without the construction of College Boulevard; your reasoning, further, appears to be based upon the transfer of responsibility for funding as discussedjater in your correspondence. With regard to the transfer of responsibility for funding the Replacement Property, your correspondence states that [Bjased on the above considerations, the City does not intend to 2CACivProc§ 1235.180 3 CA Civ Proc 1240.510 et seq.; 1240.610 et seq. 4 All of the reasons Chang October 4, 2005 report listed for the deletion of BJ Basin had already been considered by Rick in the December 13, 2004 Rick Engineering Report The only substantive difference between the Chang October 4, 2005 report and the Rick engineering Report December 13, 2004 was the consideration by Chang of the 84" pipe. In the Robertson Ranch EIR, September 2005, in one of the technical appendices presented, Chang analyzed the proposed 84" pipe and concluded that Basin BJ was still needed as part of the overall flood control system. M:\Rancho Carlsbad\LOT4\L.Hildabrand.Glenn Prium re BJ Basin 7-20-8.doc: THE LOFTIN FIRM Lisa Hildabrand July 22, 2008 v Page 3 of4 provide for the financing of the relocation of any Association amenities associated with the DMP or the construction of Reach A. The party responsible for the construction of the Project BJ improvements will be eligible for reimbursement (of fee credits) from the drainage fee program up to the amount included in the Planned Local Drainage Area Fee Program account for the cost of the actual improvements only. The City has made this decision notwithstanding the years of communication with RCOA, the years of drafting documents, the years of submitting plans. The City is clearly aware that it is not practical nor feasible to continue parking RV's or engaging in recreational gardening in an area that the City wants designed and constructed to hold up to 49 acre feet of water. The City has therefore determined prior to any public hearing and contrary to previous public hearings, that it will take the Property on which BJ Basin is to be located for a public purpose without paying for the land or for the relocation and reconstruction of the amenities. For at least ten (10) years, the City has appropriated the Property located on Lot 4 for a specific public purpose - the BJ Basin. The BJ Basin has appeared in all of the studies, except as noted, as an integral part of the Master Flood Plan. The City entered into agreements with RCOA regarding the future use of the Property on which BJ Basin was to be located, the acquisition of replacement property and the funding for tear down and reconstruction of the "**""" amenities located on that area. In reliance on those agreements, RCOA has expended several hundreds of thousands of dollars to fulfill their obligations under those agreements, has entered into other contracts to facilitate those agreements and expects the City to fulfill its obligations. The mere fact that there have been meetings with Board Members from RCOA does not in any way mitigate the City's conclusions as expressed in your correspondence. RCOA does not agree with an engineering report that was included as a report for a project that based upon the City's own findings for that project had no adverse water flow or drainage onto Rancho Carlsbad Country Club Estate and therefore, no conditions of approval were proposed or discussed regarding BJ Basin as part of the project. RCOA has been consistent in its position that the BJ Basin was required as part of the DMP and that the City would fund its obligations under the various approvals and agreements. RCOA has been requesting for months a clear understanding of Staffs position on this issue and finally received the City's decision regarding some of these issues in the correspondence from you dated July 2, 2008. With regard to the dredging, the issue of dredging has been before the City for ten (10) years. The City selected to add the dredging to the DMP amendment and related approvals. This decision is clearly not in the best interest of the health and safety of the residents of Rancho Carlsbad Country Club Estates and was not the only choice the City could have made over the last ten (10) years. Further, the City has been aware for at least ten (10) years that the dam at Calavera Lake was defective and further jeopardized the health and safety of the residents of Rancho Carlsbad Country Club Estates. Lastly, the City approved the Weir Wall over the objections of RCOA and said Weir Wall did in fact create more flooding issues for Rancho Carlsbad Country Club Estates resulting in the requirement that an 84" flood pipe be installed M:\Rancho Carlsbad\LOT4\L.Hildabrand.Glenn Prium re BJ Basin 7-20-8.doc: THE LOFTIN FIRM Lisa Hildabrand July 22, 2008 Page 4 of4 along Cannon Road - the logical condition to protect the health of safety of the affected properties of approval rather than the Weir Wall. Therefore, based upon the City's continued disregard for the health and safety of the residents at Rancho Carlsbad Country Club Estates, the RCOA is hereby noticing the City that any further flood damage to the properties located therein will be the City's financial responsibility as the direct and proximate cause of that damage based upon, in part only, the facts related above. This correspondence will also act as notice to the City of its Brown Act violations. The City has predetermined the result in the DMP and related matters to be heard tentatively August 5 or 12, 2008 as clearly expressed in your correspondence and by various council persons. Based upon the foregoing, the Rancho Carlsbad Country Club Homeowners Association, Inc. on behalf of itself, and its membership, objects to the approval of the DMP without the inclusion of funding from the City to reimburse the RCOA for the land, and improvements located thereon, appropriated over the last ten (10) years for the public purpose of providing a ' Drainage Master Plan that protects the public. Sincerely, THE LQ By: cc:Honorable Mayor Bud Lewis (Hand Delivered - Carlsbad Village Drive) Honorable Councilpersons (Hand Delivered - Carlsbad Village Drive) Ron Ball, City Attorney (Hand Delivered - Carlsbad Village Drive) Jane Mobaldi, Assistant City Attorney (Hand Delivered - Carlsbad Village Drive) Ronald Keep, Assistant City Attorney (Hand Delivered - Carlsbad Village Drive) Glenn Prium, Director of Public Works (Hand Delivered - Faraday) David Hauser, Planning & Land Use (Hand Delivered - Faraday) Clients (Via Email) David Bentley (Via Email) Bob Ladwig (Via Email) Brookfield Homes (Via Email) M:\Rancho Carlsbad\LOT4\L.Hildabrand.Glenn Prium re BJ Basin 7-20-8.doc: 23 RONALD R. BALL CITY ATTORNEY JANE MOBALDI ASSISTANT CITY ATTORNEY V,,- CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008-1949 (760) 434-2891 FAX: (760) 434-8367 July 24, 2008 L. Sue Loftin, Esq. The Loftin Firm 5760 Fleet Street, Suite 110 Carlsbad, California 92008 Re: Rancho Carlsbad Homeowners' Association, Inc. - BJ Basin Dear Ms. Loftin, Your letter of July 22, 2008 to the City Manager has been forwarded to our office for response since you allege violations of the law and City liability therein. To date, City Manager Lisa Hildabrand has graciously responded to the concerns and questions of members of the Rancho Carlsbad Homeowner's Association. In light of the gravity of your assertions, I am advising the City Manager and staff to discontinue any correspondence with your clients and communicate with Rancho Carlsbad only through this office and your representation, or during public meetings. Let me first address your accusation of Brown Act violations. You fail to allege specific facts which lead you to believe that the Brown Act has been violated. In fact, the updated Drainage Master Plan has not yet been approved, and even if approved, it is subject to change as are all planning documents since they are conceptual in nature. For purposes of planning and environmental review, the Plan includes a broad potential scope and alternatives so as not to preclude any alternatives not considered. It seems that you are the one who is attempting to predetermine a result by insisting that the City Council must decide to approve what Rancho Carlsbad wants and agree with your expert's opinion. After consideration of all of the evidence presented before and at the public hearing, it will be in the City Council's sole discretion to decide what action is in the best interest of the City. It is premature and speculative to resolve all of your issues or to assume that Rancho Carlsbad will have to pay for relocation of facilities if Basin BJ is built. The time for challenging the City Council's decision to approve construction of a Weir Wall has elapsed. There has been no "appropriation" of Rancho Carlsbad facilities. Rancho Carlsbad continues to utilize its recreational vehicle storage lot as well as the community garden located on Lot 4. The California Supreme Court established long ago RONALD KEMP DEPUTY CITY ATTORNEY PAUL G. EDMONSON DEPUTY CITY ATTORNEY L. Sue Loftin, Esq. July 24, 2008 Page 2 that planning for the future development of an area does not amount to a "taking" (Selby Realty Company v. City of San Buenaventura (1973), 10 Cal.Sd 110.) Furthermore, the City has never entered into an agreement with Rancho Carlsbad to relocate those facilities. I anticipate that you will participate in the upcoming public hearing on the proposed Master Drainage Plan. The City Council welcomes your participation in the public process. Very truly yours, JANE MOBALDI Assistant City Attorney fa- ce: Mayor & City Council Ron Ball, City Attorney Ron Kemp, Deputy City Attorney Glenn Pruim, Director of Public Works David Hauser, Deputy City Engineer Bob Ladwig, Ladwig Design Group, Inc. David Bentley, Benteq Real Estate Mr. Russ Kohl, President, RCHOA Brookfield Homes 24 The Carlsbad Location 5760 Fleet Street, Ste. 110 Carlsbad, California, 92008 Tel: 760.431.2111 Fax: 760.451.ZOOS Respond to Carlsbad, CA Location www.loftinfirm.com sloftin@loftinfirm.com L o f t i n Firm Attorneys at Law Tennessee Location 4O7Main Street, Ste. 205 Franklin, Tennessee, 37064 Tel: 615.567.6722 Fax: 615.567.6723 Client/Matter Number:RCOA-Lot 4- -010 RECEIVED JUL302008 ENGINEERING DEPARTMENT Via Email & Overnight Mail July 29 2008 Ron Ball, City Attorney City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Re: Rancho Carlsbad Homeowners' Association, Inc. ("RCOA") BJ Basin - Your Correspondence Received July 25, 2008 Dear Attorney Ball, The correspondence I sent to Ms. Hildebrand was in response to her correspondence. The content and assumptions made in that correspondence was directly as result of ordinary and customary understanding of the words, phases and sentences used by Ms. Hildebrand. As to the specific references related to Lot 4 of the RCOA property and the BJ Basin, my client's position remains the same: 1. BJ Basin has been in the Drainage Master Plan since 1980. See attached 1980 and 1994 DMP extracts. 2. BJ Basin has been and is required to protect the health and safety of the public, specifically the residents at Rancho Carlsbad. The RCOA property must be purchased, replacement property purchased, existing improvement demolished and replacement improvements installed as part of the construction for the BJ Basin' 3. BJ Basin was located in the DMP, and as amended from time to time, prior to the location of College Boulevard as a necessary component of the DMP. 4. BJ Basin must be installed to protect the health and safety of the public, and specifically of the residents at Rancho Carlsbad whether or not College Boulevard is ever built and whether or not the Zone 15 builders ever improve their properties. M:\Rancho Carlsbad\LOT4\ltr Ron Ball City Atty 7-29-8v2.doc THE LOFTIN FIRM Ron Ball, City Attorney July, 29,2008 Page 2 of3 5. BJ Basin was located on property owned by RCOA. 6. At the time BJ Basin was located in the DMP, Rancho Carlsbad improvements were located on the property. The type of improvements has not changed in all of these years: RV Storage Facility, Recreational Garden Plots for residents, and the maintenance area for the entire facility. 7. The other Basins which have been constructed have been constructed concurrent with the receipt of entitlements by the owner of the property and proper dedications entered into as part of those entitlements. The situation at Rancho Carlsbad is different as outlined above. 8. The City must provide for the financing of all activities related to the construction of BJ Basin, including without limitation, those items set forth in paragraphs 2 and 6 above. Based on the above, RCOA is requesting the City take two actions which would require an amendment to the existing staff reports and language within the DMP and the financing resolutions: Action A. Find that B J Basin is a necessary component of the DMP. Action B. Provide a financing mechanism for the construction of B J Basin and for payment to and on behalf of RCOA for the land and improvement located thereon, and relocation and reconstruction. 1. Finding: BJ Basin is a necessary and integral part of the DMP to protect the health and safety of the public, and specifically the residents located in Rancho Carlsbad Country Club Estates. 2. Finding: The general location of BJ Basin on property owned by the Rancho Carlsbad Homeowners Association, Inc. has been established at least since the 1980 DMP. v 3. Financing of the acquisition of the property and the relocation of the RCOA amenities located thereon can be handled in one of two ways: a. Modify the Language in both the DMP and the Financing Language to Include Financing for the acquisition of the land, acquisition of the replacement property, removal of existing improvements and replacement of existing improvements in with the construction of BJ Basin; or addition to the current language which provides only for costs associated; or M:\Rancho Carlsbad\LOT4\ltr Ron Ball Citv Atty 7-29-8v2.doc: THE LOFTIN FIRM Ron Ball, City Attorney July, 29,2008 Page 3 of3 b. Add to the Language in both the DMP and the Financing Language that the financing for the acquisition of the land, acquisition of the replacement property, removal of existing improvements and replacement of existing improvements will be financed from Zone 15. and if for some reason the Zone 15 LFMP does not include these cost items, that the Financing Plan for the DMP will be modified automatically to include these costs. The Board of and Members of RCOA want to work with the City to resolve the above issues. At this time, absent the language, or similar language, being included in the approval for the DMP, Financing Plan therefor, and other related resolutions, the RCOA will strongly object to those actions. Please call to discuss the above suggested solutions to the issues. Sincerely, ILOETINFI By: L. Sue Loftin, Esq. cc: Honorable Mayor Bud Lewis (Hand Delivered - Carlsbad Village Drive) Honorable Councilpersons (Hand Delivered - Carlsbad Village Drive) Ron Ball, City Attorney (Hand Delivered - Carlsbad Village Drive) Jane Mobaldi, Assistant City Attorney (Hand Delivered - Carlsbad Village Drive) Ronald Keep, Assistant City Attorney (Hand Delivered - Carlsbad Village Drive) Lisa Hildebrand, City Manager (Hand Delivered - Carlsbad Village Drive) Glenn Prium, Director of Public Works (Hand Delivered - Faraday) David Hauser, Planning & Land Use (Hand Delivered - Faraday) Clients (Via Email) David Bentley (Via Email) Bob Ladwig (Via Email) Brookfield Homes (Via Email) M:\Rancho Carlsbad\LOT4\Itr Ron Ball City Attv 7-29-8v2.doc: Master Drainage -«. -"*•$=, 1L *"' : .and I I A. Goals and Objectives I I I CHAPTER 1 EXECUTIVE SUMMARY This Master Drainage and Storm Water Quality Management Plan was commissioned by City Council in February of 1988. The purpose of the plan was to: 1. Reassess the storm drainage facility needs of the City and to update the 1980 Master Drainage Plan. 2. Incorporate the drainage facility needs of the southern part of the City which were formerly included in the County's Zone I Flood Control District. 3. Establish drainage facility costs, analyze viability of existing planned local drainage (PLD) fee areas, recommend changes to existing PLD fee areas, establish new PLD fee areas for the southern city area, allocate costs in accord with State Map Act and AB1600 requirements and establish new PLD area fees. 4. Provide new topographic mapping of the entire City at two foot contour intervals on printed mylar sheets and in digital format compatible with our new Geographic Information System (GIS) on computer. 5. Field review existing facilities for conformity with file plans and make recommendations on facility maintenance needs. 6. Review the siitation and water quality requirements of the City and make recommendations for additional measures to protect our sensitive riparian waterways and lagoons. Over the course of preparing the Master Plan, the Federal Government implemented new regulations which mandated strict water quality control requirements. These hew water quality regulations signifi- cantly altered the focus of the Master Drainage Plan. Whereas previous master drainage plan studies focused on storm water flood control measures, the new regulations shifted the focus to preservation and enhancement of storm water quality. This shift resulted in a significant re-evaluation of our previous Planned Local Drainage area fee concept As a result, the numerous localized PLD fee areas were combined into four large PLD fee areas which coincide with the four drainage basins within the City. This reflects the Federal Government emphasis on preserving and protecting the water quality of receiving waters and not just of a few localized basins. In light of this new focus the title of this report was changed from Master Drainage Plan to Master Drainage and Storm Water Quality Management Plan. Master Drainage and Storm Water Quality Management Plan Chapter 1 Carlsbad, California. March 1994 Page 1 The 1 00 year peak flows previously established for major creeks in the City of Carlsbad have been analyzed I for usage in the Master Drainage Plan Study as follows: a) BUENA VISTA CREEK - The 1 00 year peak flows have been established in the Special Flood Plain | Delineation Study. February 1 978 by Nolle and Associates. The flow rates to be used in Master Drainage Plan are adopted from the 1978 Nolte study. g b) AGUA HEDIONDA CREEK - The 100 year peak flows have been established in the Special Flood Plain Delineation Study by Nolte and Associates in February 1978. I A Hvdrological Study was conducted for Northeastern Carlsbad by Dr. Howard H. Chang in July 1989. The flow rates used in the Master Drainage plan assumed the discharges listed in the Nolte 1978 study * for the reach upstream of the confluence point east of Oak Lake and the results of the Chang 1989 study downstream of the above mentioned point. The flows in the two studies vary by approximately 10%. I c) SANMARCOS CREEK- The 100 year peakflows have been established in the FloodPlainlnformation H Study. April, 1971 by the U.S. Army Corps of Engineers, Los Angeles District. These flow rates have | been adopted by FEMA for the Federal Insurance Study for San Marcos Creek within the City of San Marcos. Corps of Engineers peak flows and inundation limits for the 100 year flow have also been used . | without modification for the determination of adequacy of existing structures in the Comprehensive Plan I for Flood Control and Drainage - Zone 1, San Diego County Flood Control District by Koebig, Incorporated in July 1976. I A hydrologic analysis by Boyle Engineering Corporation in July 1 988 on the east branch of San Marcos Creek generally confirmed the U.S. Army Corps of Engineers flow rates. I Results of another hydrologic analysis by Willdan Associates in August 1 988, for the San Marcos Creek ^ Flood Control Improvement Project on the main branch of San Marcos Creek upstream of Lake San I Marcos, were within 10 to 15 percent of those values in the Corps ofEngineers study. The actual design discharge values utilized forthe flood control channel hydraulics, atthedirectionoftheCityofSanMarcos, were the values from the Corps ofEngineers study.^| The 100 year flow rates to be used in the Master Drainage Plan for San Marcos will be adopted from the ti Corps ofEngineers study as follows: I At mouth into Pacific Ocean 5,000 CFS M Upstream from El Camino Real 12,000 Upstream from Rancho Santa Fe 13,000 d) ENCINITAS CREEK - The 100 year peak flows were established by the U. S. Army Corps of | Engineers, Los Angeles District in April 1971. Koebig, Incorporated developed peak flow rates forthe Encinitas Creek basin in the July 1976 Comprehensive Plan for Flood Control and Drainage-Zone 1, San «i 1 Chapter 3 Master Drainage and Storm Water Quality Management Plan Page 16 Carlsbad, California, March 1994 II I Facility BFB North of Tamarack Avenue immediately east of El Camino Real, where channel velocities exceed 6 feet per second, an enhanced natural channel has been proposed. Drainage east and west of El Camino Real ™ from Chestnut to Tamarack currently drains into an earthen channel and undeveloped lot at the southeast • corner of El Camino Real and Tamarack Avenue. A 48" RCP pipe is proposed to route this water to line BF north of sedimentation basin BF 1. B Facility BG . El Camino Real opposite the Rancho Carlsbad Mobile Home Park. IFacility BH • These 36", 57" and 72" RCP lines are proposed to cany drainage from an area designated for residential • development south and west of Carlsbad Village Drive and future College Boulevard south to Agua Hedionda Creek just north El Camino Real and future Cannon Road. The facilities include a 10,600 cubic ,^ yard sedimentation basin just prior to discharge into Agua Hedionda Creek. I ^—^Facility BJ | This line travels along future Cannon Road through an area zoned for residential development. It begins at the City of Carlsbad boundary and carries water from existing lines in the City of Oceanside's Leisure |j Village south and west to Agua Hedionda Creek just west of Rancho Carlsbad Mobile Home Park. It I begins as large (63" and 66") RCP and becomes an enhanced naturalchannel as it is joined by various branch lines. A sedimentation basin is proposed immediately upstream of Rancho Carlsbad Mobile Park. From U this point, an 80 toot wide earthen channel is proposed to carry drainage to Agua Hedionda Creek. The • . City of Carlsbad does not choose to construct a narrower concrete channel in this area. It is possible that detailed design studies using other methods could determine a narrower section for this earthen channel. 1 -=»*» Facility BJA | This is a 33" RCP line carrying drainage along the future College Boulevard to the enhanced natural channel of line BJ. . • Facility BJB An enhanced natural channel carries drainage through a portion of an area designated for residential I development to a proposed sedimentation basin northeast of future Cannon Road and College Boulevard. This proposed sedimentation basin drains into an earthen channel of line B J. I Facilities BJBA, BJBB & BJBC Potential remedial work has been estimated inthese open space zoned areas south of Calavera Lake where natural channel flow velocities exceed 6 feet per second. . •.^_ Appendix A Master Drainage and Storm Water Quality Management Plan Page 82 Carlsbad, California, March 1994 | COPY 33"CIPP/1.3% 18"RCP' 18"RCP9 D) A ENGINEERS ARCHITECTS PLANNERS 4S4S RONSON COURT.SAN DIEGO, CALIFORNIA 92111 (714) 292-1040 PLATE 2 LEGEND Existing Storm Drain Proposed Storm Drain Facility assignation Watershed Divide 1--40O' Scale Map Index —, Proposed Drainage •**-*-*-*ji *'Proposed Debris Basin , With Capacity x 1OO C.V. 25 RONALD R. BALL ^H&*ir RONALD KEMP CITY ATTORNEY DEPUTY CITY ATTORNEY JANEMOBALDI flTY OF TA U I <JR A fl PAULG. EDMONSONASSISTANT CITY ATTORNEY V-I I I V^ i V-/~* B\L J U>/^ IS DEPUTY CITY ATTORNEY 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008-1949 J"'V 30, 2008 paTOSSw L. Sue Loftin, Esq Suite 110 5760 Fleet St Carlsbad CA 92008 _-_ S^gfcRWG Re: Rancho Carlsbad Homeowners' Association, Inc. BJ Basin ue™*RTMENT Dear Ms. Loftin: I am responding to your letter of July 29, 2008, to City Attorney Ron Ball, at his request. As you state therein, your client's position with regard to Lot 4 of the Rancho Carlsbad Owners' Association property and BJ Basin remains the same. Since you have copied the Mayor and City Council on all of your correspondence, they are aware of your client's position. What they may not yet know is that in our recent meeting on July 24, 2008 with the City Attorney, and in a subsequent e-mail to the City Attorney on July 24, 2008, you stated that if Basin BJ is not included in the Drainage Master Plan, and if funding for an alternate site for the relocation of the improvements on Lot 4 and associated costs of ._ demolition and .reconstruction of those improvements are not included in Planned Local Drainage Area (PLDA) fees, your clients intend to immediately initiate a lawsuit against the City. They would allege: 1. Inverse condemnation due to "appropriation" of the RV lot. 2. Abuse of police powers for knowingly placing residents in peril of floods. 3. Violation of conditions of the Robertson Ranch approval requiring execution of an option agreement for the purchase of a relocation site. As I clarified in my previous letter, even assuming that BJ Basin is approved as part of the Drainage Master Plan, that does not necessarily ensure that it will built, since those plans are subject to updating and change if it is determined in the future that the construction of that drainage facility is unnecessary for flood control. Moreover, even if Basin BJ is not approved as part of the Drainage Master Plan that does not necessarily preclude the building of the Basin in conjunction with the extension of College Boulevard if the roadway construction will cause water impoundment that needs to be mitigated. As you know, Bentley Monarch is currently conditioned in its approval for Cantarini/Holly Springs Ranch to build the Basin and fund relocation of the Rancho Carlsbad RV storage lot and community garden along with construction of the extension of College Blvd. In other words, the Basin could be required as a flood control measure, or as a method of mitigating the accumulation of water created by the construction of © the College Bivd extension. The necessity for relocation of the RV storage and garden and the responsibility for funding the purchase of an alternative site for the lot and the construction of new amenities could vary in those different scenarios. In your July 29, 2008 letter you request as one alternative that the Drainage Master Plan and associated fees automatically be modified to include those costs. In my opinion this request is precluded by the legal requirements of the Mitigation Fee Act which provides that such development fees be approved in a public hearing where the City demonstrates the relationship of the fees to the probable costs of the improvements and the benefits to be conferred to the developer. Likewise, any modification of the fees as currently proposed would require a similar analysis. The City Council intends to move forward with the consideration of the Drainage Master Plan and PLDA fees as expeditiously as possible so that the City can proceed with any improvements it feels are necessary for the protection of all of its citizens. VefyTrulysVOurs, ( V-J— JANE MOBALDI Assistant City Attorney rn c: Mayor and City Council Members Lisa Hildabrand, City Manager Glenn Pruim, Public Works Director Ronald Kemp, Deputy City Attorney "Ipavid Hauser, Deputy City Engineer Bob Ladwig, Ladwig Design Group David Bentley, Benteq Real Estate Russ Kohl, RCHOA President Brookfield Homes