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HomeMy WebLinkAbout1977-04-04; City Council; 5396; 16 Unit Condomiuium- Pearl/O'HaraCITY OF CARLSBAD.' .' AGENDA BILL MO.. ! DATE: April 4, 1978 .; DEPARTMENT: Planning Initial: Dept. Hd. _ City Atty V City Mgr.L SUBJECT: Case: CT 77-14,. Approval of one lot 16 unit condominium Applicant: Pear Iman/O1 Kara STATEMENT OF THE MATTER * • The subject site is a 1.3 acre parcel situated on the west side of Gibraltar Street' backing on to the La Costa Golf Course. The applicant wishes to consolidate four existing lots into one lot and construct a 16 unit condominium. The applicant has submitted building plans that incorporate the desires of the City Building Official as to the construction of condominiums . ' The project is in the Leucadia County Sewer District and sewers are presently available for the project as per letter from the district dated December 20, 1977. School agreements have been reached. The project is a well-designed condominium, providing privacy, sufficient occupant parking, open space and reacreation area, all within a relative high density design. The property has a great deal of street frontage in relation to depth, and therefore has a relatively large amount of street parking immediately available for visitors. Planning staff recommended approval with conditions. The Planning Commission agreed with' some modification to the conditions foir clarity. EXHIBITS . ' Planning 'Commission Resolution No. 1437 Staff Report- dated March 8, 1978 Location Map ' . Exhibit B, dated January 26, 1978Memorandum to Paul Bussey from Jim Hageman, dated March 24, 1978 City Mana9er from C^V Attorney, 4-7-78. It is recommended that the City Council direct the City Attorney to prepare^ documents approving CT 77-14 as per Planning Commission Resolution No. 1437, • as modified, as suggested by staff in the attached memorandum, dated March 24, 1978. . ' • Council action -"'"" 4_4_78 The public hearing was continued to the meeting of April 18, 1978 at the request of staff. FORM PLANNING 73 COPY AGENDA BILL NO. 5396 -2- April 18, 1978 Council action 4-18-78 The Council accepted staff recommendation, including the City Attorney's Memorandum of April 7, 1978. Staff was also instructed to prepare a report on fire retardant roofs for multiple family dwelling units where brush is a factor. 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. 1437 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ONE LOT, 16 UNIT, CONDOMINIUM PROJECT TO BE DEVELOPED IN THREE PHASES ON PROPERTY GENERALLY LOCATED ON THE NORTH WEST SIDE OF GIBRALTAR BETWEEN ROMERIA AND SAN MARCOS CANYON. CASE NO. CT 77-14 APPLICANT; SAMUEL W. PEARLMAN/MICHAEL O'HARA WHEREAS, a verified application for certain property to wit: Lots 378 through 381 inclusive of La Costa South Unit No. 5, in the City of Carlsbad, in the County of San Diego, State of California, according to Map thereof No. 66000, filed in the Office of County Recorder of San Diego County, March 10, 1970 has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 8th day. of March, 1978,. hold a;: duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering the testimony and arguments, if any, of all persons who desired to be heard, said Commission considered all factors relating to the Carlsbad Tract (CT 77-14), and found the following facts and reasons to exist: 1. The proposed map is consistent with the General Plan because: a) The Land Use Element designates the site for residential land use at 20-30 dwelling units per acre. The project provides about 12 dwelling units per acre. b) Condominium development will provide for home ownership in this high density area near recreational facilities(golf course). 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 design or improvement of the proposed subdivision is consistent with the General Plan because1 ; a) The project will provide orderly residential development. b) The project will not cause excessive expansion of public facilities and/or expense to the taxpayer. The site is physically suitable for the type of development because: a) The site has been rough graded, creating building pads, and; b) All significant public improvements are existing, including street improvements. The site is physically suitable for the proposed density of development because: a) Dwelling units to be provided per acre are consistent with the General Plan density, and; b) All pre-building site preparation has been accomplished previously. The design of the subdivision or the type of improvements are not likely to cause serious public health problems because: a) Conditions of approval will insure adequate public health facilities, and; b) A letter has been received from Leucadia County Water District indicating that sewer facilities are available with need. The design of the subdivision of the type of improvements will not conflict with easements required by the public at large for access through or use of property within the proposed subdivision because: a) Storm drain easements will be created to the satisfaction of the City Engineer. The subdivision will not prohibit reasonable access to public waterways, rivers, streams, lakes, reservoirs, coastlines or shorelines because: a) The subdivision does not front on any of the above. The subject application has complied with the requirements of the Carlsbad Environmental Protection Ordinance of 1972 because: .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 a) 9) Th Ci a) b) c) d) N of the A) Th B) Th th is fo 1) Ap] an Ma am 2) Th« be 3) A sii St. 4) Se] hoi 5) Al an< to 6) A . PI Di. tal fa< in 7) Du ah Prior compliance was achieved by a negative declaration being issued on previous subdivision (CT 76-13) ,that was tabeled. The proposed tentative map is consistent with applicable City Public Facility Policies and Ordinances because: Sewer service was issued by Leucadia County Water District prior to their present moratorium. Park fees are required per City code prior to final map adoption. School agreements have been reached and are acceptable. All other public facilities are existing or can be met. NOW, THEREFORE, BE it resolved by the Planning Commission of the City of Carlsbad as follows: That the above recitations are true and correct. That in view of the findings heretofore made and considering the applicable law, the decision of the Planning Commission is to APPROVE Carlsbad Tract (CT 77-14), subject to the following conditions: Approval is granted for the land described in the application and any attachments thereto and as shown on the Tentative Map submitted, labeled Exhibit B, dated January 26, 1978, as amended to indicate three phases instead of 3 lots'. The project may be constructed in phases. Phase one shall be constructed first, with either phase 2 or phase 3 next. A standard handicapped ramp shall be provided in the existing sidewalk across from the southeasterly corner of Gibraltar Street and Romeria Street. - Separation walls between units shall have a minimum of two hour fire rating. All units shall be served with independent utility systems and be separately metered. This shall be accomplished prior to approval of final map. A recreation and landscape plan is to be approved by the Planning Director in consultation with the Parks and Recreation Director that includes recreational uses such as picnic tables, usable open areas and some form of active recreational facilities. This recreation and landscaping shall be fully installed prior to approval of the occupancy of the units. During construction, existing street trees will be protected arid preserved. .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 8) Existing street trees shall not be removed. It is necessary to remove street trees, replacement shall be made with equal size and type. 9) Water service shall be provided by Carlsbad Municipal Water District (CMWD). The applicant shall comply with the rules and regulations of the CMWD regarding water service to condominiums. 0) In the event that extensions to the existing public water system are deemed appropriate by the water district, the developer will be required to provide the complete water system. PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad Planning Commission held on March 8, 1978, by the following vote, to wit: AYES: ABSENT: Commissioner L'Heureux, Fikes, Yerkes, Rombotis, Woodward, Larson. Commissioner Jose. JERRY ROMBOTIS, Chairman ATTEST: JAMES C. HAGAMAN, Secretary .4 STAFF REPORT DATE: March 8, 1978 TO: Planning Commission FROM: Planning Department CASE NO: CT 77-14 APPLICANT: Samuel W. Pearlman/ Michael O'Hara REQUEST: Approval of a one lot, 16 unit, condominium project to be developed in three phases.- BACKGROUND Location and Description of Property The 1.3 acre parcel is generally rectangular in shape and backs up to the La Costa golf course. The entire site has been graded and building pads created. The parcel is relatively flat. All street improvements have been installed on the site's street frontage and the surrounding area. The improvements and grading were presumably accomplished previous to the annexation of La Costa area to the City (La Costa South Unit No. 5). Existing Zoning Subject Property: RDM (RH, 20-30 dwellings/acre) North: Planned Community South: RDM East: Planned Community West: Planned Community Existing Land Use . • . . Subject Property: Vacant' - North: Golf Course South: Vacant East: Vacant West: Golf Course History and Related Cases The parcel was subdivided under the County of San Diego's jurisdiction, under La Costa South Unit No. 5 CT 76-13 — This was the original application by Samuel Pearlman on subject site. After a period of continuances, the application was denied without prejudice because no school agreement was reached. The Planning Commission had heard this item four times beginning on 11-8-76. Each continuance was due to the applicant's failure to reach agreement with the school district. Staff had recommended approval with a stipulation that a school letter was required. CT 77-14 — The Planning Commission reviewed the subject application (CT 77-14, Pearlman) for the first time on September 28, 1977. Again, as with CT 76-13, school agreements were not reached and the matter was tabled. Since then, school agreements have been made. Also, a new applicant, Mr. O'Hara, has taken over the project. Environmental Impact Information The project satisfied the Environmental Protection Ordinance of 1972 by prior compliance. 1. The site has been graded and building pads created. 2. Provision for adequate drainage has been created. 3. No vegetation exists on site. General Plan Information The Land Use Element of the General Plan designates the site Residential High Density (20-30 dwelling units per acre). The density of the proposed project is 12 dwelling units per acre. Public Facilities % All necessary street improvements, with the exception of a wheelchair ramp, have been installed. The Leucadia County Water District issued sewer permits for the subject project in May, 1977. These permits were to expire automatically in six months if the subdivision map was not approved. However, in December, 1977, the LCWD provided a letter to the City explaining that the sewer permits "will remain valid during the process necessary to obtain a building permit." The applicant has reached satisfactory agreements with both the San Dieguito Union High School District, and the Encinitas Union School District. Major Planning. Considerations Is the proposed subdivision consistent with the General Plan? Have the policies of the City been met? .2 Discussion The City Council has reviewed a draft condominium and condominium conversion ordinance and has directed staff to do further study and put into final 'form. ' This draft ordinance indicates that the standards for condominiums would be based on the Planned Unit Development Ordinance. The applicant has indicated he will meet this criteria where possible by providing two hour rated fire walls between units, separate utilities, and open space and recreation areas. The project generally meets parking requirements as compared to the Planned Unit Development Ordinance. The Planned Unit Development Ordinance requires 1^ parking spaces for each dwelling unit on-site for high-density development. The project has 16 dwelling units with 32 covered parking spaces for a 2:1 ratio. However, the Planned Unit Development Ordinance requires one visitor parking space for each dwelling unit with credit for street parking if the street is totally within the project. The plans do not contain on-site visitor parking, but there are approximately 18 spaces that can be used for visitors directly in front of this project. Additional on-site spaces could be provided. However, staff has not recommended doing this because valuable open space and recreation areas would be removed and the gain in five spaces would not be appreciable. The RV storage requirements would be 640 square feet which could be placed on the site at the expense of losing open space. It is possible to place a condition on the approval that RV spaces be secured off-site in a commercial storage yard and be the responsibility of the Homeowner's Association to maintain. However, the site is in La Costa, which already has a prohibition on RV storage and which plans to construct RV storage areas as part of their revised Master Plan. STAFF RECOMMENDATION Staff recommends approval of CT 77-12, based on the following findings and subject to the following conditions: Findings 1. The proposed map is consistent with the General Plan because: a. The Land Use Element designates the site for residential land use at 20-30 dwelling units per acre. The project provides about 12 dwelling units per acre. b. Condominium development will provide for home ownership in this high density area near recreational facilities (golf course). 2. The design or improvement of the proposed subdivision is consistent with the General Plan because: a. The project will provide orderly residential development. b. The project will not cause excessive expansion of public facilities and/or expense to the taxpayer. .3 3. The site is physically suitable for the type of development because: a. The site has been rough graded, creating building pads, and; b. All significant public improvements are existing, including street improvements. 4. The site is physically suitable for the proposed density of development because: a. Dwelling units to be provided per acre are consistent with the General Plan density, and; b. All pre-building site preparation has been accomplished previously. 5. The design of the subdivision or the type of improvements are not likely to cause serious public health problems because: a. Conditions of approval will insure adequate public health facilities, and; b. A letter has been received from LCWD indicating that sewer facilities are available with need. 6. The design of the subdivision of the type of improvements will not conflict with easements required by the public at large for access through or use of property within the proposed subdivision because: a. Storm drain easements will be created to the satisfaction of the City Engineer. 7. The subdivision will not prohibit reasonable access to public waterways, rivers, streams, lakes, reservoirs, coastlines or shorelines because: a. The subdivision does not front on any of the above. 8. The subject application has complied with the requirements of the Carlsbad Environmental Protection Ordinance of 1972 because: a. Prior compliance was achieved by a negative declaration being issued on previous subdivision (CT 76-13) that was tabled. 9. The proposed tentative map is consistent with applicable City Public Facility Policies and Ordinances because: a. Sewer service was issued by Leucadia Water District prior to their present moratorium. b. A condition of approval is that park fees are required. ,!The applicant was not permitted to pay school fees to guarantee S schools. In addition, the project may be built as apartments (.without need for school guarantee. d. All other public facilities are existing or can be met. .4 Conditions **—- - •**; 1. The approval is granted for the land described in the application and any attachments thereto and as shown on the Tentative Map submitted, labeled Exhibit A, dated August 22, 1977. ' " 2. A standard handicapped ramp shall be provided in the existing sidewalk across from the southeasterly corner of Gibraltar Street and Romeria Street. 3. Separation walls between units shall have a. minimum of two hour fire rating. 4. All units shall be served with independent utility systems and be separately metered. This shall be accomplished prior to approval of final map. A recreation and landscape plan is to be approved by the Parks and Recreation Director that includes recreational uses such as picnic tables, usable open areas and some form of active recreational facilities. This recreation and landscaping shall be fully installed prior to approval of the occupancy of the units. 6. During construction, existing street trees will be protected and preserved to the satisfaction of the Parks and Recreation Director. 7. Existing street trees shall not be removed. If it is necessary to remove street trees, replacement shall be made with equal size and type. 8. Water service shall be provided by Carlsbad Municipal Water District (CMWD). The applicant shall comply with the rules and regulations of the CMWD regarding water service to condominiums. 9. In the event that extensions to the existing public water system are deemed appropriate by the water district, the developer will be required to provide the complete water system. Attachments: Location Map Exhibit B, dated 1/26/78 .5 Case HQ/TT77-/4 Date Rec'd;DCC Date;/^O7 PC Description of Request: APP£oy/IL - L.CTT- AJRAddress or Location of Request: ftj Applicant: ^ Engr. or Arch. Aun o At Brief Legal : l•-: MAP &^- ;; ~LA/ ~J ?% Assessor Book: 'JJ/% •~^*tfl e: General Plan Land iJse Description: _ Existing Zone: I^D^M Propose f,3: Pa reel; ^Lg Tone: Acres: f,:t: No. ot Lots: School~~Di strict: ~ DU's DU/A'cre Water San1tat1on~lfistrict: tftthln Coast Plan Area: PORN PLANNING 52 COPY MEMORANDUM DATE: March 24, 1978 TO: Paul Bussey, City Manager FROM: James C. Hagaman, Planning Director SUBJECT: CT 77-14; Samuel W. Pearlman, Michael O'Hara, Applicants This item was initiated last summer, but tabled at the request of the applicant. Since then, staff has been developing condominium standards. One of the conditions originally placed on this item no longer appears applicable. It is Condition No. 4 of Planning Commission Resolution No. 1437, which requires a two hour fire wall at certain points in large buildings, or on property lines. It is no longer felt that a two hour wall is necessary between each condominium unit. The building department feels that the present code requirement of double studed walls between units is sufficient. Building Official, Dick Osburn, has written a memo to this effect (attached). Therefore, we would now suggest that Condition No. 4 be deleted. A further note is that the property is within both the Encinitas and San Dieguito School Districts. Agreements had been reached with both of these school districts in late 1977. As you know, since January 1, 1978, a new state law has gone into effect enabling school districts to require fees if there is a need for additional school buildings. At this point, this has little effect on the City of Carlsbad or the local school districts, since our Public Facilities element already provides for the payment of fees. There was, however, a question of whether or not the school districts would recognize the agreements they entered into prior to January 1, 1978. Attached are letters from these two school districts indicating that they will abide by all agreements reached prior to this date. RECOMMENDATION It is recommended that the City Council approve CT 77-14, as per Planning Commission Resolution 1437, with the deletion of Condition No. 4. EXHIBITS Memorandum from Dick Osburn, Building Official, dated March 23. 1978 Letter from Encinitas School District, dated March 3, 1978 Letter from San Dieguito School District, dated March 1, 1978 JCH:BP:le MEMORANDUM DATE: April 7, 1978 TO: City Manager FROM: City Attorney SUBJECT: SB-201 — Treatment of Existing School Agreements Attached are copies of my letters to the Encinitas, San Diequito and San Marcos school districts outlining the action taken by our City Council in response to their overcrowding resolutions adopted pursuant to SB-201. As you know, the City Council's concurrence with those resolutions has the effect of placing a moratorium on all development in the area until the school fee ordinance can be adopted. Pending the adoption of such an ordinance we have to determine how to deal with those projects which have outstanding agreements with the school districts to pay fees. It is my recommendation that we deal with such agreements as outlined in the attached letters. As you know, the Pearlman condominium was originally on the agenda at the April 4, 1978 meeting and was continued until the 18th. Please ask the Clerk to attached this memorandum, and the three letters, to that agenda bill. It is my intention to recommend to the Council at the meeting that if the project is otherwise acceptable, it may be approved not- withstanding the SB-201 moratorium if the Council finds that the existing school agreement constitutes an over- riding economic or fiscal factor. If the Council concurs, in their motion directing me to prepare the resolution approving the subdivision, they should also indicate that the resolution reflect their finding of overriding facts pursuant to Government Code Section 65972. We should also indicate to the Council whether or not we have had any written communication from the districts indicating that they are not in concurrence with the procedures outlined in my letters. VINCENT F. BIONDO, JR. City Attorney VFB/mla Attachment CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD. CALIFORNIA 92008 (714) 729-1181 VINCENT F. BIONDO JR. C.TY ATTORNEY April 7, 1978 Mr. Donald E. Lindstrorn Superintendent & Board Secretary ENCINITAS UNION SCHOOL DISTRICT 189 Union Street Encinitas, California 92024 Dear Mr. Lindstrom: On January 24, 1978 the governing board of your district adopted a resolution re conditions of overcrowding in school attendance areas. We understand that resolution was adopted pursuant to Government Code Section 65970 et seq., commonly known as SB-201. We understand further that your resolution applies to all of the territory of your district which is located within the city .-. limits of the City of Carlsbad. The City Council of the City of Carlsbad, California, at their April 4, 1978 meeting, considered your resolution. The Council unanimously directed the City Attorney to prepare a resolution whereby the City Council would concur in the findings contained in your board's resolution. It is anticipated that the City Council will adopt that resolution at their April 18, 1978 meeting. The City Council has also indicated they intend to proceed to adopt the ordinance contemplated by SB-201 to provide for the dedication of land and/or the payment of fees to the school districts as a condition of approval for residential developments. My office will be in touch with you in the near future with regards to the number of obligations which are imposed on the school district by SB-201 in connection with such an ordinance. As you know, the City of Carlsbad has been requiring the payment of fees and the dedication of land for schools in connection with residential development for several ,-V Mr. Donald E. Lindstrom -2- April 7, 1978 years pursuant to our public facilities element. That was accomplished by way of an agreement between the developer and the school district. We understand there are a number of those agreements entered into by your district which are still outstanding. That is, the developer has agreed to pay fees for a development which has not as yet come before the City Council for approval. That presents a problem since your action under SB-201 prevents the approval of residential developments pending the adoption of an ordinance unless the City Council finds an overriding fiscal, economic, social or environmental factor, which justifies: the approval of the development. We understand that your district's board has determined to honor all the outstanding developer agreements. We propose to accommodate your desire in that regard by a finding that such an agreement satisfies the requirements of SB-201 and your overcrowding resolution. It is anticipated that in all cases where a residential developer has a pre- existing agreement with your school district, that our City Council will find that such an agreement constitutes an over- riding fiscal and economic factor which will benefit the City by assisting the schools to provide school facilities thereby justifying the approval of that residential development, assuming it is otherwise acceptable to the City Council. At the April 18, 1978 City Council meeting the Council will consider a proposed 16 unit one-lot condominium subdivision (CT 77-14) PearIman/O1Kara. We understand from your letter dated March 3, 1978 that your district has reached a school fee agreement for this project which you intend to honor. Based on that letter we anticipate that the City Council will find that there are overriding factors present which justify the approval of the project notwithstanding your resolution of overcrowding. Unless we are informed in writing to the contrary prior to that date, we will assume that this procedure is acceptable to the Encinitas Union School District. We will also assume that the position you have taken in determining to honor pre-existing agreements consitutes your request that we exempt the project covered by the agreement from your overcrowding resolution. Finally, unless advised otherwise, we will assume that the procedure outlined in this letter for the Pearlman project is also acceptable to your board for all other similarly situated projects Mr. Donald E. Lindstrom -3- April 7, 1978' Please take the steps necessary to place this letter before your board prior to the April 18, 1978 City Council meeting, Sincerely, VINCENT F. BIONDO/, JR. City Attorney VFB/mla cc: Warren Roberts.Administrative Asst. City Manager r City Council Members Planning Director CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 (714) 729-1181 VINCENT F. BIONDO JR. C.TY ATTORNEY Mr. William A. Barrier Superintendent SAN DIEGUITO UNION HIGH SCHOOL DISTRICT 2151 Newcastle Cardiff, California 92007 Dear Mr. Berrier: On February 9, 1978 the governing board of your district adopted a resolution re conditions of overcrowding in school attendance areas. We understand that resolution was adopted pursuant to Government Code Section 65970 et seq., commonly known as SB-201. We understand further that your resolution applies to all of the territory .-. of your district which is located within the city limits of the City of Carlsbad. The City Council of the City of Carlsbad, California, at their April 4, 1978 meeting, considered your resolution. The Council unanimously directed the City Attorney to pre- pare a resolution whereby the City Council would concur in the findings contained in your board's resolution. It is anticipated that the City Council will adopt that resolution at their April 18, 1978 meeting. The City Council has also indicated they intend to proceed to adopt the ordinance contemplated by SB-201 to provide for the dedication of land and/or the payment of fees to the school districts as a condition of approval for residential developments. My office will be in touch with you in the near future with regards to the number of obligations which are imposed on the school district by SB-201 in connection with such an ordinance. As you know, the City of Carlsbad has been requiring the payment of fees and the dedication of land for schools in connection with residential development for several Mr. William A. Barrier -2- April 7, 1978 years pursuant to our public facilities element. That was accomplished by way of an agreement between the developer and the school district. We understand there are a number of those agreements entered into by your district which are still outstanding. That is, the developer has agreed to pay fees for a development which has not as yet come before the City Council for approval. That presents a problem since your action under SB-201 prevents the approval of residential developments pending the adoption of an ordinance unless the City Council finds an overriding fiscal, economic, social or environmental factor, which justifies the approval of the development. We understand that your district's board has determined to honor all the outstanding developer agreements. We propose to accommodate your desire in that regard by a finding that such an agreement satisfies the requirements of SB-201 and your overcrowding resolution. It is anticipated .that in all cases where a residential developer has a pre-existing agreement with your school district, that our City Council will find that such an agreement constitutes an overriding fiscal and economic factor which will benefit the City by assisting the schools to provide school facilities thereby justifying the approval of that residential development, assuming it is otherwise acceptable to the City Council. At the April 18, 1978 City Council meeting, the Council will consider a proposed 16 unit one-lot condominium subdivision (CT 77-14) Pearlman/0'Kara. We understand from your letter dated March 1, 1978 that your district has reached a school fee agreement for this project which you intend to honor. Based on that letter we anticipate that the City Council will find that there are overriding factors present which justify the approval of the project notwithstanding your resolution of overcrowding. Unless we are informed in writing to the contrary prior to that date, we will assume that this procedure is acceptable to the San Dieguito Union High School District. We will also assume that the position you have taken in determining to honor pre-existing agreements constitutes your request that we exempt the project covered by the agreement from your overcrowding resolution. Finally, unless advised otherwise, we will assume that the procedure outlined in this letter for the Pearlman project is also acceptable to your board for all other similarly situated projects. Mr. William A. Barrier -3- April 7, 1978 Please take the steps necessary to place this letter before your board prior to the April 18, 1978 City Council meeting. Sincerely, VINCENT P. BIONDO, City Attorney VFB/mla cc: City Manager City Council Members Planning Director CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 (714) 729-1181 VINCENT F. BIONDO JR. CITY ATTORNEY April 7, 1978 Mr. Ralph E. Kellogg Superintendent of Schools SAN MARCOS UNIFIED SCHOOL DISTRICT 270 San Marcos Blvd. San Marcos, California Dear Mr. Kellogg: On January 3, 1978 the governing board of your district adopted a resolution re conditions of overcrowding in school attendance areas. We understand that resolution was adopted pursuant to Government Code Section 65970 et seq., commonly known as SB-201. We understand further that your resolution applies to all of the territory of your district which is located within the city limits of the City of Carlsbad. The City Council of the City of Carlsbad, California, at their April 4, 1978 meeting, considered your resolution. The Council unanimously directed the City Attorney to prepare a resolution whereby the City Council would concur in the findings contained in your board's resolution. It is anticipated that the City Council will adopt that resolution at their April 18, 1978 meeting. The City Council has also indicated they intend to proceed to adopt the ordinance contemplated by SB-201 to provide for the dedication of land and/or the payment of fees to the school districts as a condition of approval for residential developments. My office will be in touch with you in the near future with regards to the number of obligations which are imposed on the school district by SB-201 in connection with such an ordinance. As you know, the City of Carlsbad has been requiring the payment of fees and the dedication of land for schools in connection with residential development for several Mr. Ralph E. Kellogg -2- April 7, 1978 years pursuant to our public facilities element. That was accomplished by way of an agreement between the developer and the school district. We understand there may be some of those agreements entered into by your district which are still outstanding. That is, the developer has agreed to pay fees for a development which has not as yet come before the City Council for approval. That presents a problem since your action under SB-201 prevents the approval of residential developments pending the adoption of an ordinance unless the City Council finds an overriding fiscal, economic, social or environmental factor, which justifies the approval of the development. We understand that your district's board has determined to honor all the outstanding developer agreements. We propose to accommodate your desire in that regard by a finding that such an agreement satisfies the requirements of SB-201 and your overcrowding resolution. It is anticipated that in all cases where a residential developer has a pre-existing agreement with your school district, that our City Council will find that such an agreement constitutes an overriding fiscal and economic factor which will benefit the City by assisting the schools to provide school facilities thereby justifying the approval of that residential development, assuming it is otherwise acceptable to the City Council. Unless we are informed in writing to the contrary, we will assume that this procedure is acceptable to the San Marcos Unified School District. We will also assume that the position you have taken in deter- mining to honor pre-existing agreements constitutes your request that we exempt projects covered by such agreements from you overcrowding resolution. Please take the steps necessary to place this letter before your board prior to the April 18, 1978 City Council meeting. Sincerely, VINCENT F. BIONDi City Attorney VFB/mla cc: City Managert City Council Members Planning Director