HomeMy WebLinkAbout1986-07-08; City Council; Resolution 8666RESOLUTION NO. 8666
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING TWO AGREEMENTS
FOR BATIQUITOS LAGOON EDUCATIONAL PARK.
The City Council of the City of Carlsbad, California
does resolve as follows:
1. The agreement to dedicate easements for lagoon
restoration, marked Exhibit A and attached hereto, and the
agreement to pay growth management fees and participate in the
growth management system, marked Exhibit B and attached hereto,
are hereby approved.
2. The City Manager of the City of Carlsbad is hereby
authorized and directed to execute said agreements for and on
behalf of the City of Carlsbad.
3. The City Clerk is authorized to record the
agreements with the county recorder.
PASSED, APPROVED AND ADOPTED at a regular meeting of thc
City Council of the City of Carlsbad, California, held on the
8th day of ~~l~ , 1986 by the following vote,
to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
ATTEST:
-
MARY H. &ASLER, Mayor
Li?&.&L /- ALETHA L. RAUTENKRANZ, City Cprk
AGREEMENT REGARDING TENTATIVE MAP NO. 85-14
+c THIS AGREEMENT ("Agreement") is made and entered into this
day of TULY , 1986 by and between THE CITY OF
CARLSBAD, a municipal corporation ("City") and Sammis Properties,
a California corporation, ("Developer") , with reference to the
following facts:
A. The Batiquitos Lagoon Educational Park Master Plan and
Tentative Map ("TM") No. 85-14 were approved by the City of
Carlsbad on October 15, 1985 with respect to certain
property adjacent to the Batiquitos Lagoon within the City
of Carlsbad. Said property is more particularly described
on Exhibit A hereto.
B. Carlsbad Municipal Code Section 21.90.030 (9) (5) provides as
follows:
"(g) The City Council may authorize the processing of and decision making on building permits and development permits for a project with a master plan approved before July 20, 1986 subject to the following restrictions:
(4) Building permits for the 129 unit residential portion of Phase I of the project may be approved provided the applicant has provided written evidence that an educational entity will occupy Phase I of the project which the City Council finds satisfactory and consistent with the goals and intent of the approved master plan.
Phase I the master plan developer shall have agreed to participate in the restoration of a significant lagoon and wetland resource area and made any dedications of property necessary to accomplish the restoration."
(5) Prior to the approval of the final map for
C. In order to satisfy the requirements of Carlsbad Municipal
Code Section 21.90.030 (9) (4) 61 (51, Developer is desirous of
entering into an agreement with the City.
NOW THEREFORE, it is agreed as follows:
1. As required by Carlsbad Municipal Code Section 21.90.030(g)
(4), Developer agrees that prior to the issuance of building
permits for the 129 unit residential portion of Phase 1 of
the subject subdivision, written evidence shall be submitted
to the City Council that an educational entity will occupy
Phase I of the project which the City Council finds
satisfactory and consistent with the goals and intent of the
approved master plan.
2. (a) As required by Carlsbad Municipal Code Section
21.90.030 (9) (5) , Developer agrees to participate in the
restoration of the Batiquitos Lagoon and surrounding
wetland resource area and make any dedications of
property deemed as necessary by the Carlsbad City
Council to accomplish the restoration.
(b) The City Council hereby acknowledges that: (i) Said
restoration requires the cooperation of various
parties, including, but not limited to, the Developer,
California Coastal Commission, and State Lands
Commission; (ii) Developer is required to satisfy
-2-
Special Conditions Nos, 1 and of Coastal Development
Permit No. 6-85-482, (attache ereto as Exhibit B),
which directly relate to the lementation of said
restoration; (iii) Developer isfaction of Special
Condition Nos. 1 and 2 of sai oastal Development
Permit in a manner acceptable the City Manager and
City Attorney will satisfy th bligations to make
dedications as provided in Ca bad Municipal Code
Section 21.90.030 (9) (5) .
(c) Subject to the provisions of agraphs (a) 6 (b)
hereof, in order to implement id restoration,
Developer shall o.ffer to dedi e to the City, an
easement in a form suitable t lement said
restoration and acceptable to City Attorney. This
offer shall be made prior to current with the
recordation of the Final Map Phase I of Developer's
project, City agrees that it 1 not accept the offer
unless the dedication of prop pursuant to paragraph
(b) is not made or is not suf ent to accomplish the
lagoon restoration, The offe 11 automatically
expire upon acceptance by app iate state agency of
the property interest describ n paragraph (b) and
determination by that agency the property
interests are sufficient to lish the restoration.
3.
4.
5.
Upon: (i) Satisfaction of paragraph
evidenced by written confirmation
Coastal Commission Executive Director,
the City Manager and City Attorney,
upon acceptance of the offer of
paragraph 2. (c) above, City shall
which said conditions are applicable
this Agreement. This is to be
furnishing to Developer a release of
2. (b) above, as
f:com the California
in form acceptable to
or (ii) alternatively,
dedication pursuant to
release the property to
from the obligations of
accomplished by City
obligation in
The burdens of this Agreement bind
Agreement inure to the parties' SUC
All notices required or provided for
shall be in writing and delivered in
certified mail, postage prepaid. No
address of the receiving party indic
To City: City of Carlsbad 1200 Elm Avenue
Carlsbad, CA 920
At t ent ion :
To Developer: Sammis Propertie 2650 Camino Del Suite 100 San Diego, CA 92 Attention: Jon D
-4-
d the benefits of this
ssors in interest.
under this Agreement
person or sent by
ice shall be effective
e date when the postal
was delivered to the
ted below:
8
io North,
08 Briggs
EXHIBIT A
PROPERTIES
LEGAL DESCRIPTIO!
LOT 3 OF PARCEL MAP NO. 13653, IN THE CI1 SAN DIEGO, STATE OF CALIFORNIA, FILED IN RECORDER OF SAN DIEGO COUNTY, JANUARY 3
85-033316 OF OFFICIAL RECORDS; AdD
LOT 3 OF CARLSBAD TRACT 82-18 (BATIQUITOS
IN THE CITY OF CARLSBAD, COUNTY OF
CALIFORNIA, FILED IN THE OFFICE OF THE DIEGO COUNTY JULY 16, 1985.
OF CARLSBAD, COUNTY OF
HE OFFICE OF THE COUNTY , 1985 AS FILE NO.
POINTE), MAP NO. 11290,
SAN DIEGO, STATE OF
:OUNTY RECORDER OF SAN
A party may change its address by
to the other party in the manner
6. This Agreement shall be construed in
laws of the State of California.
brought in any court of competent
prevailing party in such action shall
attorneys' fees, court costs and
giving notice in writing
provided above.
accordance with the
Shculd any action be
jurisdiction, the
be entitled to all
necessary disbursements in
(Corporation)
1 STATE OF CALIFORNIA h' Br =,, COUNTYOF California
!\ F State, personally appeared DONALD F . SAMMTS
$ P. P 2 to be the persons who executed
-I instrument on behalf of the corporation therein named, and $ acknowledged to me that such corporation executed the within u I- instrument pursuant to its by-laws or a resolution of its board 4 * of directors.
On July 8, 1986 =,
on the basis of satisfactory evidence) to be the
I... .,I
my hand and official seal.
D.R. Ables
Name (Typed or Printed)
OFC-2058
IN WITNESS WHEREOF this Agreement has been
day and year first above written.
CITY OF CARLSBAD SAMMIS
By : 75 d- &/ .-
MARY H. CASLER, Mayor
entered into on the
PROPERTIES
T
By:kW-J&'=- \<\ __.
’
’- STATE OF CALIFGRNIA-?HE RESOURCSS AGENCY
Date January CALIFORNIA COASTAL COMMISSION
SAfJ GIEGO COAST DISTRICT
SAN D!EGC, CA 92108-3520 Application 1333 oI4ltIO DEL RIO SW, SUITE 125
(619) 297-9740 Page 1 of
GECRGE DEUKMEIIAN, Co*smor --
22, 1986
lo. 6-85-482
10
NOTICE OF INTENT TO ISSUE
Lot Area
Building Coverage Pavement Coverage
Unimproved Area
Land s cape Cove rag e
Parking Spaces
Zoni ng
Project Density
PERMIT
On November 22. 1985 , the California Coastal
application of Sammis Properties
the attached standard and special conditions, for the
bel ow:
Description: Subdivision of a 167.9 acre site; Master mixed use, planned community development, graduate university, research and recreational facilities, a commercial
complex, 603 (maximum) residential units multi-family structures; and construction Master Plan consisting of a portion of residential units.
Master P1 an
areas)
Commission approved the , subject to
development described
Plan for approval of a consisting of: a
center, hotel conference in single-family and of Phase One of the
the university and 129
development offices,
Locat i on :
167.9 acres 29.3 acres 35.4 acres
33.5 acres
69.7 acres
6,115
PC
13 du/ac
The permit
pending fu
conditions
.
(17%)
. (22%)
(18%)
(43%)
(averase for all res
Max. Ht abv fin grade 90-feet .
North shore of Batiquitos Lagoon between Carlsbad Boulevard, Carlsbad, San Diego
APNs 21 6-1 40-01,03,09,10 and 21 6-1 50-1 0
will be held in the San Diego District
fillment of Special Conditions 1 throuqi
have been satisfied, the permit will be
THOMAS A.
DISTRICT DIRECTOR
BY
-
Interstate 5 and County.
Of’ice of the Comm ssion, 15 . When these
+;sued.
CRAIJDALL
.*
. * NOTICE OF INTENT TO
STANDARD CONDITIONS:
1. Notice of Receipt and Acknowledgement. The
development shall not commence until a copy of
permittee or authorized agent, acknowledging
acceptance of the terms and conditions, is
off ice.
2. Expiration. If development has not commenced, years from the date on which the Commission voted
Development shall be pursued in a diligent manrer reasonable period of time.
be made prior to the expiration date.
3. Compliance. All development must occur in strict proposal as set forth below.
be reviewed and approved by the staff and may
4. Interpretation. Any questions of intent or condition will be resolved by the Executive
5. Inspections. The Commission staff shall be and the development during construction, subjec:t
6. Assignment. The permit may be assigned to any
assignee files with the Commission an affidavit;
conditions of the permit.
Application for
Any deviation frcm
Page 2 of 10
permit is not valid and
retLrned to the Commission
the permit, signed by the receipt of the permit and
the permit will expire two
on the application.
and completed in a extension of the permit must
compliance with the
the approved plans must
require Commission approval.
interpretation of any Director or the Commission.
al-owed to inspect the site to 24-hour advance notice.
qualified person, provided
accepting all terms and
to bind all future owners and possessors of the
terms and conditions.
SPECIAL CONDITIONS:
1. In Fee Dedication.
A. Prior to transmittal of the coastal applicant shall execute and record an irrevocable for the wetland portions of the site, designated or1 report. The document shall include legal descript-ons entire parcel(s) and the area to be dedicated. The
in a form acceptable to the Executive Director and of the State of California. Said fee title may be
7. Terms and Conditions Run with the Land. These terms and conditions shall be Derpetual. and it is the intention of the C mmission and the permittee
subject property to the
development permit, the
offer to dedicate fee title
Exhibit No. 5 of the staff
of both the applicant's
offer to dedicate shall be
run in favor of the People
accepted by the Wildlife
..
*& .
. ' NOTICE OF INTENT TO IS PERMIT NO. 6-85-482 Page 3 of 10
offer shall be binding from the date of recording the acceptance of the fee dedication. If title to a public agency as provided above in paragraph A, and deed restriction, or the open space easement thereof, shall terminate.
2. Steep Slope/Bluff Habitat Areas. Prior to coastal development permit, the applicant shall subwit, to the Executive Director, an irrevocable offer to or to a private association acceptable to the Executive space easement over the steep sloping lagoon bluff indicated on Exhibit #5 of the staff report.
SPECIAL CONDITIONS - continued:
urtil its termination with
then this offer to dedicate the property is accepted by
created by the acceptance
the transmittal of the in a form acceptable dedicate to a public agency Director, an open areas of the site as
Conservation Board of the State of California or 01 management agency acceptable to the Executive Dire( accepting such dedication shall limit uses in the z education, research or enhancement programs.
The offer of dedication shall be recorded free of F liens, and free of prior encumbrances which the Exc may affect the interest being conveyed. The offer
binding to successors and assigns of the applicant dedicate shall be irrevocable for a period of 21 yc
from the date of recording.
B. Prior to transmittal of the Coastal De\ applicant shall execute and record an irrevocable c space easement and deed restriction over the wetlar designated on Exhibit No. 5 of the staff report. 1 legal descriptions of both the applicant's entire I: areas and shall prohibit any alteration of landforn vegetation, or erection of structures of any type i Coastal Commission or its successor in interest, e) permit. Erosion control structures may be allowed if approved by the Executive Director, in consultal Fish and Game, pursuant to the terms and condition:
The offer of dedication and deed restriction shall liens, except for tax liens, and free of prior enci Executive Director determines may effect the interc offer shall run with the land in favor of the Peopl fornia, binding successors and assigns of the appli offer to dedicate shall be irrevocable for a perioc running from the date of recording. The deed restr
ier public resource .or. Any public agency 'ea to natural resource
bier liens, except for tax utive Director determines .o dedicate shall be ir landowner. The offer to ,rs, such period running
llopment Permit, the fer to dedicate an open
I portions of the site, le document shall include rcel and the easement , placement or removal of iless approved by the ept as specified in this rithin the restricted area on with the Department of of this permit.
le recorded free of prior ibrances which the t being conveyed. The
1 of the State of Cali- ant or landowner. The of 21 years, such period ction contained in the
I!& PERMIT NO. 6-85-482
SPECIAL CONDITIONS - continued:
the
Any bas
The document shall include legal descriptions of b
parcel and the easement areas. It shall prohibit
placement or removal of vegetation, or erection of
unless approved by the Coastal Commission or its s
as specified in this permit. Public pedestrian tr
structures, and removal of debris shall be permitt Executive Director in consultation with the Oept o Special Conditions of this permit.
improvements permitted in this area shall be m s through one of the following means:
(1) The Batiquitos Lagoon Educational Park, wi
(2) a maintenance district; (3) a public agency; or,
(4) the accepting agency, which shall have dis
in the CC&R's of the subdivision;
maintenance responsibility at the time of
Until maintenance is assumed by one of the above, responsibility for the area. Further, a maintenan responsibility shall be submitted for the review a Executive Director.
Such easement shall be recorded free of prior lien
and free of prior encumbrances which the Executive
effect the interest being conveyed. The offer sha
favor of the People of the State of California, bi
assigns of the applicant or landowner. The offer
irrevocable for a period of 21 years, such period
recording.
3. Future Development. This permit is valid 1 i sted bel ow:
(A) Conceptual approval of the Batiquito Master Plan;
(B) Subdivision of the site in accordanc
and
(C) Implementation of Phase One of the M grading and construction for a porti
as indicated on Exhibit #4 of the st
:h the applicant's entire
le alteration of landforms,
itructures of any type
:cessor in interest , except
ils, erosion control
I, as approved by the Fish and Game, pursuant to
i nta
1 ma
ned on an ongoing
ntenance provided for
-etion of accepting :ceptance of the easement.
le applicant shall retain
? plan designating l written approval of the
, except for tax liens,
Oi rector determines may
I run with the land in ling the successors and ' dedication shall be
inning from the date of
11y for the proposals
Lagoon Educational Park
with Tentative Map 85-14;
;ter Plan including:
I of area A, areas B and C,
:f report.
.-
.I NOTICE OF INTENT TO IS!@ PERM1 NO. 6-85-482
Page 5 of 10
SPECIAL CONDITIONS - continued:
Subsequent implementation phases and elements of tt realignment of Carlsbad Boulevard, shall require re
[a] separate coastal development permit[s].
4. Erosion, Sedimentation and Drainage.
A. Submittal of Plans
Prior to the transmittal of the coastal
applicant shall submit for the review and written ;
Director an erosion, sedimentation and drainage pl;
plan shall be prepared and reviewed in accordance ~r
Drainage Plan for the City of Carlsbad, including 1
Ordinance contained in the plan.
The erosion, sedimentation and drainage plans :
1) A runoff control plan designed by a 1'
qualified in hydrology and hydraulics, wh' increase in peak runoff rate from the dew
greatest discharge expected from the exisl
as a result of a 10-year, 6-hour frequenc! control shall be accomplished by a variet! including but not limited to: on-site cal
detention basins, siltation traps and enei
2) Detailed maintenance arrangements and
for providing the on-going repair and mail
approved drainage and erosion control fac.
existing desilting basin located in area (
off-site or on-site improvements are not 1
maintained by a public agency, detailed mi
binding the applicants and their success01
be secured prior to the transmittal of thc
agreements shall be subject to the review
of the Executive Director.
3. A plan and map for the protective stal the steep sloping bluff areas to be retail pursuant to Special Condition 2 of this pc
indicated on Exhibit #5 of the staff repoi
specifically prohibit operating or parkin! ment within or through these areas, stock]
project, including any iew and approval under
ievelopment permit, the iroval of the Executive
for the project. The
th the 1980 Master
? Model Erosion Control
111 include:
5nsed engineer
i would assure no
3ped site over the
ig undeveloped site
storm. Runoff
Df measures,
iment basins,
y dissipators.
srious a1 ternati ves
enance of any
ities including the
If the be accepted or
ntenance agreements
in interest shall
permit. Such
nd written approval
ng and fencing off of d in open space
mit and as . The plan shall
earth moving equip-
ling of earthwork
.I ).
NOTICE OF INTENT TO PERMIT NO. 6-85-482
Page 6 of 10
SPECIAL CONDITIONS - continued:
or other disturbances within open space ar.as, except as per-
mitted for erosion or sedimentation' contrc
under Special Condition #2. The plan shal
placement of fencing prior to any earthwor
clearance. Coordination with the District
Commission shall also be provided, in orde
inspection after said staking and fencing
commencement of grading, to assure complia
these special conditions.
B. Grading Activities.
For all phases of construction, the apl;
these additional provisions on grading and erosion
1. All permanent runoff and erosion contr
developed and installed prior to or concur
grading activities.
2. All grading activities, including that
and utilities, shall be prohibited within
October 1st to March 31st of each year, ex
Executive Director with concurrence of the
Game and Carlsbad City Engineer, provided
area greater than the First Phase be grade
without prior approval of the Commission.
3. All areas disturbed by grading, but not construction period, shall be planted and
October 1st with temporary or permanent (i finished slopes) erosion control measures
of temporary erosion control measures,suct
ditches, sandbagging, filtered inlets, det
shall be utilized in conjunction with plar
loss from the construction site.
Said planting shall be accomplished under licensed landscape architect and shall cor
fertilization and irrigation adequate to F within 90 days. Planting shall be repeat6
of coverage is not established with in thz
This requirement shall apply to all distur stockpiles. All planting shall conform tc
plan per Special Condition #5 of this pern
graded pad areas may be required upon a wr
Executive Director that planting is necess
adequate erosion and sedimentation control
integrity of the site.
I purposes as ailowed
I provide for the
:, grading or site
staff of the Coastal
to allow for a field
is in place, but prior to
ice with the intent of
licant shall comply with
:ontrol:
11 devices shall be
-ent with any on-site
required for streets
:he period from
:ept as permitted by the
Department of Fish and
iowever in no event may an i during said period
completed during the itabilized prior to
1 the case of
ind landscaping. The use as berms, interceptor
-is basins and silt traps,
:ings to minimize soil
:he supervision of a
;ist of seeding, mulching,
-ovide 90 percent coverage i, if the required level : 90 day period.
led soils, including
an approved landscaping
it. Revegetation of
itten determination by the
try either to assure
or to maintain the scenic
NOTICE OT INTENT TO PERMIT NO. 6-85-482
Page 7 of 10
SPECIAL CONDITIONS - continued:
5. Landscaping. Prior to the transmittal of t
landscaping plan indicating the type and location c
material, irrigation system and other landscape fea
shall be submitted for the review and written apprc
Director. Drought tolerant plant materials and nat
utilized to the maximum extent feasible. The plant
landscape plan shall be reviewed by the Executive C
with the State Department of Fish and Game to guard
any species which are inherently noxious to, or inc
adjacent lagoon habitat.
Landscaping in areas adjacent to the lagoon bluff,
Boulevard shall include the use of specimen-sized t
landscape screen to buffer development in these are
adjoining roadways and from the lagoon. To assure
screening remains effective through the life of thE
property owners association shall include provisior of the landscape materials and to assure their cont healthy and thriving condition.
6. Final Grading Plans. Prior to transmittal
permit, the applicant shall submit for the review a
Executive Director, the final grading plans for the
in the subject permit. The plans shall clearly shc
finished contours and topography of the areas to be
as the existing topography of the areas to be left
as open space. The plans shall be certified by a r
other qualified professional, to be true and accura
The plan shall also contain reasonably accurate est
cut and fill grading required. The plans shall fur
schedule which outlines the units of grading that c
non-rainy season (April 1- Oct. 1). Any variation
be reported to the Executive Director immediately.
7. Buffer Zones/Setbacks. Prior to grading ir
shall submit for the review and written approval of
final grading and buffer zone plans for the area tc
shall reflect the following criteria and shall be r with the State Department of Fish and Game. This c
to area C of the Master Plan, currently proposed fc
areas H, K and L of the Master Plan in subsequent F
pursuant to Special Condition # 3 of this permit.
e permit, a detailed
ures for the project a1 of the Executive
ve vegetation shall be
species list and
rector in consultation
against introduction of
npatible with, the
plants and hydroseeding
nterstate #5 and Carlsbad ees to provided a s from view from the
hat the landscape
project, the CC&Rs of the to prohibit the removal
nued existence in a
f the coastal development
d written approval of the
Phase 1 grading approved
graded or filled, as well
n their natural condition
gistered engineer or
e.
the existing and
mates of the amount of
her include a grading
n be completed during the
rom this schedule shall
area C, the applicant the Executive Director, be graded. The plans
viewed in consultation iteria shall be applied
implementation, and to
rmit applications
SPECIAL CONDITIONS - continued:
'ied West Batiquitos
igri cul tural Conversion
id affected by the such funds have been .pplicant shall have the
Buffer zones between the lagoon bluff edge and blu f top structures for areas
C, H, K and L shall be provided in accordance with Exhibit #5 of the staff
report. Specifically, no buffer zone shall be les than 50-feet in width,
except for the areas of specific home sites in are C where a buffer zone
with a minimum width of 45 feet shall be allowed.
8. Applicant's Assumption of Risk. Prior to ransmittal of the permit,
the applicant as landowner shall execute and reco a deed restriction over
plan areas N.O.P,C.H,L and the southerly 100-feet f area K, in a form and
content acceptable to the Executive Director, whi shall provide: (a) that
the applicant understands that the site may be su ect to extraordinary
hazard from erosion and the applicant assumes the iability from such hazards; and (b) that the applicant unconditional waives any claim of liability on the part of the Commission and its a isors relative to the
Commission's approval of the project for any dama due to natural hazards. The document shall run with the land, binding all
shall be recorded free of prior liens and encumbr ces which the Executive Director determines may affect the interest being
9. State Lands Commission Review. Prior to 1 of the coastal
development permit, the permittee shall obtain a termination from the State Lands Commission that:
UccesSOrs and assigns, and
A. No State Lands are involved in the d
B. State Lands are involved in the deve
required by the State Lands Commissi
C. State Lands may be involved in the dev lopment, but pending a
final determination an agreement has b en made with the State
Lands Commission for the project to pr ceed without prejudice to i that determination.
10. Archaeology. A limited
implemental preservation and/or
EIR for the the project shall be
required by the City of Carlsbad reported to and approved in writ
testing program fo lowed by a program
mpact mitigation f r sites identified
implemented as rec mmended in the EIR
Any change in requirement shal
ng by the
11. Agricultural Conversion Mitiqation Fee.
evidence that, consistent with the Commission certi
Lagoon/Sammis Properties LCP segment, the required
Mitigation Fee for the 100 acres of agricultural la
subdivision and Master Plan, has been paid and that
deposited with the State Coastal Conservancy. The
of
in the
and
be
a ..' . .,^
NOTICE OF INTENT TO IS, PERMIT NO. 6-85-482
Page 9 of 10
SPECIAL CONDITIONS - continued:
0
option of paying such fees in accordance with the t ree (3) phases of the
project as specified in the Master Plan. Such evid nce shall be submitted
prior to the transmittal of the coastal development permit and shall be
subject to the review and written approval of the E ecutive Director. i 12. Signage. Prior to the transmittal of the
permit, the applicant shall submit a comprehensive f oastal development
project which shall include the use of freeway dire
community identification or directional signs to di via the Avenida Encina access rather than the Carlsl
proposed for implementation in Phase 3 of the Mastei
shall be subject to the review and written approval
13. Public Access. Prior to transmittal of thc
permit, the applicant shall submit a public access i
assures compliance with the following requirements:
(A) The public access vista point proposet maintained for public use and shall be appi
public access identification signs at the
areas to direct the public to those sites.
(B) To provide access to the public acces! area C, Navigator Circle shall not be limii
currently indicated on project plans.
(C) A continuous public access path shall north shore of Batiquitos Lagoon. The loci shall be determined subsequent to Commissic
Batiquitos Lagoon Enhancement Plan. Shoulc plan include the determination that public
the bluffs is appropriate, provision of a I
shall be the responsibility of the applicar
of the accepting agency, the agency which i
dedicate an open space easement over the at
Condition #2 of the permit, or, any other f
resposible for such improvements in the Ent
by the Commission.
Should the approved Enhancement Plan incluc
a continuous public access path along the t
interfere with the habitat value of the la( continuous path shall be provided within tt
along the top of the lagoon bluffs in area!
respectively. In either case, a path of ac
feet) shall be provided with sufficient imi
reasonable access along the north shore of
ign program for the
tional signs and other
ect traffic to the site
Id Boulevard access
Plan. The sign program
3f the Executive Director.
coastal development
lan for the project which
for area C shall be 3priately marked with ista points and other
vista points proposed in ?d to private use as
le provided along the
tion of such access path
I review of the
the approved enhancement
iccess along the base of
ith in that alignment
t or, at the discretion
xepts the offer to
?a pursuant to Special
irty identified as
incement Plan as approved
? the determination that
ise of the bluffs would
ion resources, the
? bluff-top setback area
C, H, K and L
Zquate width (minimum 10
-0vements to provide
the lagoon.
*.
.I . L ..
NOTICE OF INTENT TO 1S-Y PtKMll NU. - 6-85-482 Page 10 of 10
SPECIAL CONDITIONS - continued:
To assure compliance with this condition, the appl requirements listed in paragraphs A, B and C above
the form of a deed restriction. The form and contl shall be subject to the review and written approva Director. The document shall run with the land, b assigns, and shall be recorded free of prior liens
Executive Director determines may affect the interi
14. Water Features. Prior to construction of
features" proposed, the applicant shall submit fin,
for the review and written approval of the Executil
with the State Department of Fish and Game. Neithc
from Batiquitos Lagoon for such features, nor the
water features into the lagoon, shall be allowed UI
Batiquitos Lagoon Enhancement Plan as reviewed and
Commission.
15. Building HeighWMaterials. In order to p of the area, all phases of the project shall confo criteria:
(A) The materials used for construction of the
along the lagoon bluffs shall be composed of WI
walls and red tiled roofs shall be prohibited
tures. The maximum height for the structures \
exceed 25 feet.
(B) No structures, other than the 90-foot camp( volleyball training gymnasium, shall exceed a I
(1 31 8A)
ant shall record the against the property in
t of the deed restriction
of the Executive ding all successors and
nd encumbrances which the
t being conveyed.
ny of the "water
plans for such features
Director in consultation
the use of water pumped tflow of water from the
ess specified in the
pproved by the Coastal
tect the scenic quality
to the following
irst row of structures
d and earth tones. White
r use on these struc-
thin this area shall not
ile and the 55-foot-high
ight of the 35-feet.
e
Space above
Documentary
this line for Recorder's use
transfer tax: $15.00
Signature
AGREEMENT
of July
hereinafter referred to as "City" and
a Corporation
of declarant deteminitq
RECITALS I
agreement with the City to pay Public
percent of the building permit valuation.
agreement is on file with the City Clerk
this reference.
A. Developer has reauested t at the City issue building
or other development permits pursuant o the provisions of the
Facilities fees of 2.5
A copy of the
and is incorporated by
on northside of Carlsbad Municipal Code for a developm nt located -a&-
Ba tiqui tos Lagoon,
east of 1-5 Freeway in the C .ty of Carlsbad, and
referred to as Batiquitos Laqoon Educationhl Park.
B. On September 9, 1985 veloper entered into an
C. This agreement is entere into pursuant to Sect ion
21.90.030(c) and 21.90.040(b) of the rlsbad Municipal Code.
Developer acknowledges that the agree nt to pay the additional
or increased fees and to otherwise pa icipate in the
construction or financing of construc on of public facilities
and improvements as specified in this greement is voluntary but
that without this agreement developer uld be precluded from
obtaining building and other develop permits by operation of
Section 21.90.030 of the Carlsbad Mu pal Code. Developer has
chosen to obtain building permits un the provision of Section
21.90.030(c) of the Carlsbad Municip ode and in consideration
of the issuance of building or other elopment permits,
Developer hereby enters into this ag ent and waives any rights
to challenge such fees.
D. Developer recognizes th ection 21.90.050
establishes a local facilities manag t fee which shall be used
to pay the cost of providing facilit and improvements which
are identified in the citywide facil s and improvements plan
and in the applicable local faciliti anagement plan, but are
not paid from other sources. Develo further recognizes that
be adopted for the area of the City in
project is located. Developer agrees '
NOW, THEREFORE, in cons iderat:
the issuance of building or other deve:
City; Developer and City agree as follc
-2-
act fees, have been or may
which the developer's
.o pay those fees.
on of these Recitals and
opment permits by the
IWS :
1. That the foregoing recit
2. That Developer agrees to
the City Council as necessary to pay
the improvements or facilities which
21.90.090 and 21.90.110 of the Carlsl:
are adopted pursuant to Section 21.90
of Chapter 21.90 of the Carlsbad Muni
provision of law. These fees include
public facilities fees, traffic impac
thoroughfare fees, park fees, and the
21.90.050. Payment shall be due 30 d
is established. This agreement appli
before July 20, 1988 or concurrently
appropriate local facilities manageme
first. Developer hereby waives his I
Developer further waives any rights t
herein under protest and that any protest
subject the project to the provisions
the Carlsbad Municipal Code.
3. Developer agrees to construct,
financing the construction of, public
identified in the citywide facilities
the local facilities management plan tg
facilities or improvements are allocated
or project and are not financed by the
4. Developer agrees to prepare
preparation, as determined by the City
facilities management plan for the zons
located.
-3-
1s are true and correct.
pay the fees identified by
or the cost of providing
xe listed in Sections
d Municipal Code and which
050, or any other provision
ipal Code, or any other
but are not limited to
fees, bridge and
fee imposed under Section
ys from the date each fee
bs to fees adopted on or
rith the adoption of the
It plan, whichever occurs
ght to challenge said fees.
pay the fees referred to
shall immediately
of Section 21.90.030(a) of
or participate in
facilities and improvements
and improvements plan or
the extent that those
to developer's property
fees referenced hereto.
or participate in the
Council, of the local
in which development is
5. City agrees to issue buil
permits pursuant to the provisions of
Titles 18, 20 and 21 to the extent SUC
applicable provisions of law.
6. In the event that the pal
agreement is not made when due the Cit
legal or equitable (including those SE
herein), against the Developer and the
heirs, assigns and transferees. Withc
this section, City, upon request of DE
additional time to pay the fee.
7. In addition to the other
City, it is hereby agreed that if Devc
specified by this agreement the City
permit for the project or may deny or
Occupancy for the project or both up01
Developer of the revocation or denial<
8. The City shall not, nor !
of the City, be liable or responsible
happening or occuring to Developer or
Developer or to any occupant in Devel(
exercise of any of the remedies provi(
this agreement, regardless of the nati
9. This agreement and the c(
shall be binding upon and enure to thc
heirs, assigns and transferees of Devc
the real property and create an euuit,
property.
-4-
ing and other development
he Carlsbad Municipal Code
permits comply with
ent required by this
may pursue any remedy,
cifically referred to
Developer's successors,
t waiving its rights under
.eloper, may allow
.emedies available to the
oper does not pay the fees
lay revoke the building
.evoke a Certificate of
15 days written notice to
\all any officer, employee
ior any loss or damage
my successor or assign of
,ergs building for the
!d to the City purusant to
-e of the loss or damage.
renants contained herein
benefit of the successors,
.oper and shall run with
)le servitude upon the real
10. The prevailing party in
parties shall have the right to recov
party all costs and attorney's fees e
such dispute.
11. Except as otherwise prc
required or provided for under this e
and shall be delivered in person or E
postage prepaid. Delivery of notices
presumed to have been made on the dat
receipt by Developer. Notices requir
shall be addressed as follows:
Sammis Properties Company
~ ~~~ ~
2650 Camino Del Rio North, #lo0
San Diego, CA 92108
(Corporation)
On JULY 8, 1986 before me, the undersigned, a b
State, personally appeared DONALD F SAMMI s , personally kno
on the basis of satisfactory evidence) to be the President, and
-sntmg of _I-- - -. - known to me to be known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors.
WITNESS my hand and official seal
D.R. Ables
Name (Typed or Printed)
OFC-2058
the
~~
corporation that ex
By: 6
- By :
- 5-
my dispute between the
c from the nonprevailing
?ended in the course of
ided herein, all notices
reement shall be in writing
rved by certified mail
to Developer shall be
of mailing regardless of
3 to be given to Developer
.ry Public in and for said
to me (or proved to me
ted the within Instrument.
OFFICIAL SEAL 0. R. ABLES
ed as
)e r
Ids and
c1
A
tt
- by :
MP
De
VINCENT F. BIONDO, JR., City Attorney
ATTEST:
ALETHA L. RAUTEN
( SEAL)
-6-
?Y OF CARLSBAD
lunicipal Corporation of
! State of California I
e 1 opment D i rector Y