HomeMy WebLinkAbout1976-02-03; City Council; 3579; Refund to La Costa Land CompanyCITY OF CARLSBAD
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AGENDA BI.LL NO. &3'f]ff
Dept. Hd.
DATE: February 3, 1976 t _. r,
City Atty\)fVbDEPARTMENT: Planning v±
City Mgr.
SUBJECT: REFUND To LA COSTA LAND COMPANY FOR ALGA HILLS APPLICATIONS
(CT 73-26), (SP-129) and (EIR-190)
Statement of the Matter - On June 4, 1973, La Costa Land Company applied
for the above listed tentative tract map, specific plan and environmental
impact report. The Planning Commission heard these cases on September 11,
1973 and they were continued to the September 25, 1973 meeting at which
time the cases were tabled due to problems in the design of the project
and the La Costa Parks program. On January 5, 1976, the applicant's
representative requested a withdrawal of these three cases and a refund
of any unused fees.
Total fees paid were $1266. Refunds in the past have been based on per-
centage of work done by staff prior to withdrawal. We estimate that
75% of the work typically required to process such applications have been
completed.
Exhibits:
Memorandum to City Manager dated January 12, 1976
Letter to Planning Director from Rick Engineering Company dated Jan. 5, 1976
Receipt for application fees, dated June 4, 1973
Recommendation:
That the City Council authorize the refund of 25% of the application
fees ($316.50).
Council action
2-3-76 Authorization was given to refund La Costa Land Company $316.50
for Alga Hills application fees, representing 25% of amount paid.
MEMORAMDUM
January 12, 1976
TO: CITY MANAGER
FROM: PLANNING DEPARTMENT
RE: LA COSTA LAND CO. REFUND
La Costa Land Co. applied for a tentative tract map (CT 73-26) and a
Specific Plan (SP-129) for Alga Hills on June 4, 1$73. An E.I.R. (ElR #190)
on the project was processed at the same time. The Commission heard these
cases on September 11, 1973, and continued them to September 25, 1973 at
the applicant's request.
At the September 25, 1973 meeting, staff recommended that the cases be
tabled due to problems in the design of the project and the La Costa Parks
program.
The applicant's representative has requested a withdrawal of these three
cases in a letter dated 1-5-76 (attached), and a refund of any unused fees.
Fee Refund: The receipt for the applications (attached) shows the appli-
cant paying $1,016 for the tentative map/specific plan and $250 for the
EIR filing fee.
City Council has not adopted a policy covering the refund of fees in this
type of situation. In the past, refunds have been made on the basis of the
percentage of work completed prior to withdrawal.
In this case, staff worked with the applicant, gave legal notice, processed
the EIR, and wrote a staff report. The cases were heard twice by Commission.
I would estimate that staff expended about 75% of the work typically required
to process such an application.
Recommendation: Recommend to Council the refund of 25% of the application
fees ($316.50).
AM/vb
attachment
PLANNING CONSULTANTS
AND CIVIL ENGINEERSRICK ENGINEERING COMPANY
3088 PIO PICO DR. • SUITE 202 • CARLSBAD, CA 92008
P.O. BOX 1129 • PHONE • AREA CODE 714 • 729-4987
January 5, 1976
Mr. Donald A. Agatep
City Planning Director
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
RE: ALGA HILLS (TM #73-26, SP#129 & EIS #190)
Dear Don;s.
On September 25, 1973 the Carlsbad Planning Commission voted 6 to 0
to table the above items. The matter was tabled to allow time for the
applicant to possibly redesign the project and work out the park program.
Since that time, the project has been dropped, and it has been brought
to my attention by your staff that the application is in an inactive state
but still in your files. In order for you to close your files on this pro-
ject, you need a written request from the applicant.
On behalf of La Costa Land Company, I hereby request a withdrawal from
your files of TM #73-26, SP #129, and EIS #190.
Also, our files indicate that La Costa Land Company deposited a
$1,266.00 fee on June 4, 1973 (Receipt No. 6082, copy enclosed) for the
tentative map and specific plan along with the EIR. We ask that any un-
used funds be returned to the applicant.
If you have any questions, please call.
Sincerely,
Robert C. Ladwig
RCLrfm
cc: Mr. Irving Roston
Mr. Burton L. Kramer
O CITY OF CARLSBAD
1200 ELM AVENUE • CARLSBAD. CALIFORNIA 92008
729-1181
,
! RECEIVED FF
ADDRESS
f*
•i"
W -i>-73Al!-Ec- 139*****250.00
A/C. NO.DESCRIPTION AMOUNT
•££/' > rf
/
J2 6082 TOTAL
Recording Requ sted By and Return To:
City-Cl*rk
120.Q Elm Avenu«
12008Carlsbad, CA
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RESOLUTION NO.
258
8742
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ACCEPTANCE AND REMOVAL OF
BLOCKER STRIPS ON A PORTION OF HILLSIDE DRIVE.
WHEREAS, Map No. 8177 (Carlsbad Tract 74-19) has reserved olg'
Lots 217 and 218 for future access rights on a portion of Hill£ide\"'""'-""•
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Drive; and
WHEREAS, the City Council of the City of Carlsbad has determined
it to be in the public interest to accept and remove said
reservations;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, Cplifornia, as follows:
1. That the above recitations are true and correct.
2. That the irrevocable offers to dedicate portions of Lots 217
and 218 per Map No. 8177 (Carlsbad Tract 74-19) exists as offered on
the above mentioned map recorded on September 19, 1975 as File No. 75-
256524.
3. That the City Clerk is authorized to accept and remove the
irrevocable offer, which exists in the Office of the County Recorder,
County of San Diego, State of California as File No. 75-256524.
86 356637
PFn^Tpfcd"-- iv. .1 i i , \.f t *•« t_ r • 1.1,.. V J f i ;„ . •oF:;.ANOi!:a:cai;!t!:..-./.
19 AH II: 37
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1 VCRAL. LYLE I
[COUNTY RECORDER j
NO FEE
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad
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City Council held on the 12th day of August , 1986 by the
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following vote, to wit:
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AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
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NOES: None
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ABSENT: None ( jf f
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ATTEST:
9 ALETHA L. RAUTENKRANZ, City Clerk
H. CASLER, MaycMARY H. CASLER, Mayor
(SEAL)
STATE OF CALIFORNIA, )
COUNTY OF SAN DIEGO ) ss.
KAREN R. KUNDTZ, Deputy
I. / , City Clerk of the City of Carlsbad, County of San Diego, State of California.
hereby eertily that I have eompared the foregoing copy with the original Resolution #8742 passed and
adopted by said City Council, at a..regular meeting thereof, at the time and by the vote therein
stated, which original ..Resolution ,-s ,1()w on fj|e jn ,,,y office: that the same contains a full, true
and correct transcript therefrom and of the whole thereof.
Witness my hand and the seal of said City of Carlsbad, this .1.4thday of August, ..1986
^^I SKAL) .?\.*
Delputy