Loading...
HomeMy WebLinkAbout1983-07-19; City Council; 6790-3; Tentative Map Extension- Tamarack HighlandsCITY%F CARLSBAD — AGENDAQlLI AR* u>1 <T 0-^5 MTO. 7/19/83 - ' MPT. ENG TJIUE TENTATIVE MAP EXTENSION CARLSBAD TRACT 81-13 TAMARACK HIGHLANDS DEPT. HP. ]L — CITY ATTY Vfi^N niTY MCJR r> 3P~n/ Occ 0. OL O 1 _i O 8 RECOMMENDED ACTION: Adopt Resolution No. 13.Ja approving a one-year extension of time for Tentative Map CT 81-13, including PUD 25. ITEM EXPLANATION: Carlsbad Tract 81-13 is a 3- unit planned unit development located immediately east of Skyline Drive, north of Tamarack Avenue (extended). The Applicant is requesting that the tentative map be extended for a one-year period ending June 15, 1984. The tentative map was originally approved on December 15, 1981, per Resolution No. 6790-2. The Applicant agreed to pay Public Facilities Fees with the original application. Planning and Engineering staffs have reviewed this project and recommend one additional condition be required. The new condition is a requirement for the Developer to execute the revised Public Facilities Fee Agreement as per the latest City Council Policy No. 17. The Subdivider has signed an agreement to waive a prohibition of new conditions. FISCAL IMPACT: Additional public facilities required by this project will be offset by the payment of the Public Facilities Fee by the Developer. EXHIBITS: 1. Letter requesting extension 2. Location Map 3. Vicinity Plat 4. Resolution No. V^S^^ approving a one-year extension of time for Tentative Map CT 81-13, including PUD 25. RICK ENGINEERING COMPANY 3088 PIO PICO DR. . SUITE 202 . CARLSBAD, CA 92008 P.O. BOX 1129 . PHONE . AREA CODE 619 • 729-4987 May 11, 1983 Mr. Clyde Wickham CITY OF CARLSBAD Engineering Department 1200 Elm Avenue Carlsbad, California 92008 V RE: CARLSBAD TRACT 81-13, TAMARACK HIGHLANDS (3 LOTS) Dear Clyde: On behalf of our client, Ron Schwab, we would like to request an extension of time on Tentative Map (C.T. 81-13) . This map is due to expire June 15, 1983. We have enclosed the following items in order to execute this request. 1. Check in the amount of $225.00 processing fee. (Check #646) 2. Public Facilities Agreement, executed. 3. Waiver of Conditions, executed. I believe all required items are enclosed. Please call if you have any questions. Sincerely, John Brand JB/jw EXHIBIT 1 PROPOSED - MACARIO • CANYON• PARK ^? INDICATES VEHICULAR ACCESS Scale: 1*- 40' ARLSBAD HIGHLANDS, I OT IB MAP MO. 2847 HEuCK>> LOI i, " ...... (BIRCH AVENUE)^ WAU. (nplOflT VARIES MAX. 13') TRACT f4Q 75-15 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF RESOLUTION NO. 7298 TIME FOR TENTATIVE MAP 81-13 SUBJECT TO CERTAIN CONDITIONS. WHEREAS, Section 66473.5 of the Subdivision Map Act provides that a tentative subdivision map may not be approved unless it is consistent with all applicable general and specific pians; and WHEREAS, the City Council of the City of Carlsbad on the 15th day of December, 1981, adopted Resolution No. 6790-2 approving, with conditions, Tentative Map 81-13; and WHEREAS, Tentative Map CT 81-13 is now inconsistent with the general plan of the City of Carlsbad because the City Council has found that public facilities are inadequate; and WHEREAS, said Tentative Subdivision Map will expire on June 15, 1983 and the applicant has requested an extension of time which cannot be approved unless the subdivision can be brought into conformity with the general plan; and WHEREAS, the addition of certain conditions of approval to the subdivision will allow it to be found to be in conformity 21 with the general plan and the developer has requested the 22 imposition of such conditions and agreed to comply with them; and 23 /// 24 /// 25 /// 26 /// 27 /// . 28 /// 12 B. That Tentative Map 81-13, including ?UD 25, are 17 18 19 20 21 25 26 27 28 WHEREAS, the approval of an extension of Tentative Map CT 2 '81-13 subject to such conditions, in lieu of denial of the map, •will allow the project to go forward avoiding the unnecessary 4 delay to the City and to the Developer involved with denial and 5 the new application which would then be approved subject to the 6 same set of conditions; and 7 WHEREAS, both the Developer and the City wish to extend 8 the map subject to the additional condition; 9 NOW, THEREFORE, BE IT RESOLVED by the City Council of the 10 City of Carlsbad, California, as follows: A. That the above recitations are true and correct; 13 hereby extended for one year from June 15, 1983, to June 15, 1984, 14 subject to the execution and fulfillment of all the conditions 15 of Resolution No. 6790-2 and the following additional condition: (1) This approval is expressly conditioned on the payment by the applicant of a public facilities fee as required by City Council Policy No. 17, dated February 24, 1982 and effective April 2, 1982, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee. If said fee is not paid as promised, this application will not be consistent with the General Plan and the pp project cannot proceed and this approval shall be . .void. 23 C. That the agreement for waiver of prohibition against 24 the imposition of conditions upon the approval of an extension of a tentative subdivison map dated May 23, 1983, between the Applicant .and the City of Carlsbad, marked Exhibit A and attached hereto, is approved and the Mayor is authorized to execute such agreement'oh behalf of the City. Co D. That this extension is approved in reliance upon said 2 agreement. Any legal challenge to or failure to perform said 5 agreement or the conditions of this resolution shall render this 4 approval void and the map shall not be final. 5 PASSED, APPROVED AND ADOPTED at a regular meeting of the 6 City Council of the City of Carlsbad, California, held on the 19th 19 20 day of July , 1983, by the following vote, to wit:7 8 9 AYES: Council Members Casler Lewis, Chick and Prescott 10 NOES: None ABSENT: None 12 13 14 15 16 17 ATTEST: 18 MART:H. /CASLER, Mayor * • ALETHAL. RAUTENKRANZ, City 21 (SEAL) 22 23 24 25 26 27 28