HomeMy WebLinkAbout1984-11-06; City Council; 7928; Tentative Map Extension- O'GaraCITVJF CARLSBAD — AGENDA ..ILL
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MTQ.11/6/84
DEPT. ENG
TITLE: TENTATIVE MAP EXTENSION
CARLSBAD TRACT CT 81-50/PUD-37
(O'GARA)
DEPT. HD._|S
CITY ATTY
CITY
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03
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RECOMMENDED ACTION:
Adopt Resolution No. y J £ a approving a one-year extension of
time for Tentative Map CT 81-50, including PUD-37.
ITEM EXPLANATION;
Carlsbad Tract CT 81-50 is an 8-unit subdivision located on the
future extension of James Drive. The Applicant is requesting
that the tentative map be extended until October 13, 1985.
The tentative map was originally approved on October 13, 1982,
per Planning Commission Resolution No. 2024.
The Applicant agreed to pay Public Facilities Fees with the
original application. Planning and Engineering staffs have
reviewed this project and recommend the Developer execute the
revised Public Facilities Fee Agreement as required by 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, dated October 5, 1984.
2. Location Map
3. Resolution No.y/00 approving a one-year extension of time
for Tentative Map CT 81-50, including PUD-37.
4. Planning Conmission Resolution No. 2024 approved 10/13/82.
O'GARA '" ™™™±
CONSTRUCTION
07 LAIN U OLx, 3229 Valley Street • Carlsbad, California 92008 • (619) 434-7563
October 5,'
City of Carlsbad
1200 TCln; Avenue
Carlsbad, California 92003 RE: Minor Subdivision
Case No. CT 81-50/PUD-3?
Dear Sirs:
Please extend the Minor Subdivision CT 8l-30/PU^-37 for an
additional one (1) year period due to extenuating circumstances
that have caused a delay in progress concerning this project.
Thank you for your consideration of this natter.
RECEIVED
Sincerely.
OGT051984
CITY Of f»nic»«t\
Michael D. O'Gara flfitSfftSi IWMf*"*"
MDOrvo
COPY
LOCATION MAP
CITY MAP BOOK PAGE
PROJECT NAME CT 81-50/PUD-37
OGARA.
PROJ.
NO.
EXHIBIT
2 3
RESOLUTION NO. 7788
1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF
2 TIME FOR TENTATIVE MAP CT 81-50/PUD-37 SUBJECT
TO CERTAIN CONDITIONS.3 ;
4
5 WHEREAS, Section 66473.5 of the Subdivision Map Act provides
6 that a tentative subdivision map may not be approved unless it is
7 consistent with all applicable general and specific plans; and
8 WHEREAS, the City Council of the City of Carlsbad on the 13th
9 day of October, 1982, adopted Planning Commission Resolution No.
10 2024 approving, with conditions, Tentative Map CT 81-50/PUD-37;
11 and
12 WHEREAS, Tentative Map CT 81-50/PUD-37 is now inconsistent
13 with the General Plan of the City of Carlsbad because the City
14 Council has found that public facilities are inadequate; and
15 WHEREAS, said Tentative Subdivision Map will expire on
16 October 13, 1984, and the Applicant has requested an extension of
17 time which cannot be approved unless the subdivision can be
18 brought into conformity with the General Plan; and
19 WHEREAS, the addition of certain conditions of approval to
20 the subdivision will allow it to be found to be in conformity with
21 the General Plan and the Developer has requested the imposition of
22 such conditions and agreed to comply with them; and
23 WHEREAS, the approval of an extension of Tentative Map CT
24 81-50/PUD-37 subject to such conditions, in lieu of denial of the
25 map, will allow the project to go forward avoiding the unnecessary
26 delay to the City and to the Developer involved with denial and
27 the new application which would then be approved subject to the
28 same set of conditions; and
WHEREAS, both the Developer and the City wish to extend the
2 map subject to the additional condition;
3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
A. That the above recitations are true and correct;
B. That Tentative Map CT 81-50/PUD-37, is hereby extended
for one year from October 13, 1984, to October 13, 1985, subject
g to the execution and fulfillment of all the conditions of
g Resolution No. 2024 and the following additional condition:
(1) This approval is expressly conditioned on the payment
by the Applicant of a Public Facilities Fee as required
11 by City Council Policy No. 17, dated February 24, 1982,
and effective April 2, 1982, on file with the Xity
12 Clerk and incorporated herein by reference, and
according to the agreement executed by the Applicant
13 for payment of said fee. If said fee is not paid as
promised, this application will not be consistent with
14 the General Plan and the project cannot proceed and
this approval shall be void
15
15 C. That the Agreement for Waiver of Prohibition against
17 the imposition of conditions upon the approval of an extension of
a tentative subdivision map between Michael O'Gara and the City
19 of Carlsbad, dated October 5, 1984, attached hereto, is approved,
20 ar|d the Mayor is authorized to execute such agreement on behalf
21 of the City.
22 D. That this extension is approved in reliance upon said
23 agreement. Any legal challenge to or failure to perform said
24 agreement or the conditions of this resolution shall render this
25 approval void and the map shall not be final.
26 ///
27 ///
28 ///
1 PASSED, APPROVED AND ADOPTED at a regular meeting of the
2 City Council of the City of Carlsbad, California, held on the
a
6th day of November , 1984, by the following vote,
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4 to wit:
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AYES: Council Members easier, Lewis, Kulchin, Chick , and Prescott
7 NOES: None
8 ABSENT: None
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12 ATTEST:
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ALETHA L. RAUTENKRANZ, City Cle£k
MARY H. EASIER, Mayor
(SEAL)
3. Government Code Section 66452.6(d) and Carlsbad Municipal
Code Sections 20.12.100(d) and 20.24.160 provide that
expiration of a tentative subdivision map shall terminate
all proceedings and that no final map or parcel map for any
property covered by the tentative subdivision map shall be
filed without first processing a new tentative subdivision
map.
4. Subdivider has requested City to approve the extensioin of
time for Tentative Subdivision Map No. CT 81-5C/PHD-37
which was initially approved on October r^,
5. Since the approval of said Tentative Subdivision Map, City
has conducted studies which show that the-construction of
certain drainage facilities or thoroughfares are essential
to protect and provide for the health, welfare, and'safety
of all of the present and future residents of City,
including those who will reside in said subdivision.
6. Since the approval of said Tentative Subdivision Map, City
has adopted a major drainage fee or major thoroughfare fee
or both to provide the funds to construct the necessary
drainage facilities and thoroughfares.
7. Since the approval of the Tentative Subdivision Map, City
has conducted studies which show the need to establish a
public facilities fee in order to provide for public
facilities to protect the public health, safety and welfare
of the present and future residents of City and to ensure
2.
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that public facilities to serve the development will be
available concurrent with need as required by City's
general plan. Developer agrees to pay said fees and has
executed a contract which is on file with the City Clerk to
that effect.
8. Because the original approval of said Tentative Subdivision
Map occurred prior to the adoption of the aforementioned
fees, City did not condition the approval of said Tentative
Subdivision Map with the payment of said fees.
9. Since the initial approval of the Tentative Subdivision Map
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there may have been changed circumstances which require
additional conditions of approval on the extension of the
Tentative Subdivision Map to protect the public health,
safety, and welfare, to mitigate affects on the environment
or to ensure consistency of the extended map with the City's
general plan and Municipal Code.
10. City arguably may not, without the voluntary consent of
Subdivider, impose upon the extension of said Tentative
Subdivision Map conditions requiring payment of the fees
mentioned above or conditions necessary to protect the
public health, safety or welfare, or the environment or
ensure consistency with the general plan or Municipal Code.
11. Without such voluntary consent of Subdivider to the
imposition of conditions City may be required to deny
Subdivider's request for extension to ensure that the
public health, safety and welfare or the environment are
3,
protected or that the general plan or Municipal Code
requirements are satisfied. Approval of the extension of
said Tentative Subdivision Map without assurances that the
fees mentioned above would be paid for said subdivision
would be contrary to the best interests of the City and
would threaten the City's ability to protect and provide
for the public health, safety, and welfare. Subdivider
agrees that it is in the best interest of City and
Subdivider that City be able to protect the public health,
safety and welfare, or the environment or ensure consistency
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with the general plan or Municipal Code by the imposition
of conditions on the extension of tentative subdivision
maps.
12. Subdivider realizes that denial of the requested extension
could result in the expiration of the tentative subdivision
map. Subdivider would then be required to incur
substantial costs and time delays in processing a new
tentative subdivision map approval of which would be
subject .to new conditions necessary to ensure consistency
of the tentative subdivision map with the Subdivision Map
Act, the California Environmental Quality Act, Titles 19,
20 and 21 of the Carlsbad Municipal Code, the City's
General Plan and to protect the public health, safety and
welfare.
13. City has reviewed the Subdivider's request for an extension
of time for said tentative subdivision map and finds that
granting the request subject to certain conditions will not
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the agreement is subsequently approved by the City Council,
6. Any action by Subdivider to challenge the legality of this
agreement or any failure by Subdivider to pay the fees and
comply with any other conditions applicable to the
extension shall void the approval of such extension. The
map shall not final and the development shall not proceed
until a new tentative subdivision map has bee'n approved.
ATTEST:
ALETHA L. RAUTENKRANZ,
City Clerk
CITY OF CARLSBAD, a municipal
corporation
By ~*A+.
MAYOR (M/Dor Subdivisions)
CITY ENGINEER (Minor Sub-
divisions)
SUBDIVIDER
Michael D. O'Gara
APPROVED
VINCE
DANTE
City AtTtor
ney
a. Q.
O
O
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OCO
STATE OF CALIFORN
COUNTY OF '§an Diego
On_October 26. 198xi
said State, personally appeared.
)ss.
_,before me, the undersigned, a Notary Public in and for
* * * MICHAEL D. O'GARA * * *
WITNESS my hand and official seal.
Signature ,
personally known to me (or proved to me on the basis of satis-
factory evidence) to be the person(s) whose name(s) is/are sub-
scribed to the within instrument arid acknowledged to me that
he/she/they executed the same.
OFFICML SEAL
TAMJ K. CHAPMAN
TASypUDL}C.CflL|R,RWA
Prinopal Office in San Diego County «
My Commission Exp.Feb. 1,
(This area for official notarial seal)
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wit:
EXHIBIT 4
PLANNING COMMISSION RESOLUTION NO. 2024
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING AN EIGHT UNIT TENTATIVE
MAP AND PLANNED DEVELOPMENT ON PROPERTY GENERALLY LOCATED
ON THE WEST SIDE OF VALLEY STREET BETWEEN BASSWOOD
STREET AND OAK STREET.
APPLICANT: O'GARA
CASE NO.: CT 81-50/PUD-37
WHEREAS, a verified application for certain property to
A portion of Lot 123 of Carlsbad Lands according to Map
1661 filed March 1, 1915.
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has been filed with the city of Carlsbad, and referred to the
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Planning Commission; and
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WHEREAS, said verified application constitutes a request
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as provided by Title 21 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on the 13th day of
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October, 1982, hold a duly noticed public hearing as orescribed by
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law ,to consider said request; and
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WHEREAS, at said public hearing, upon hearing and
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considering all testimony and arguments, if any, of all persons
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desiring to be heard, said Commission considered all factors
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(relating to the Tentative Tract Map and Planned Development.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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Commission as follows:
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A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing,
the Commission hereby APPROVES CT 81-50/PUD-37, based on the
following findings and subject to the following conditions:
2
Finding^
1) The project is consistent with the city's General Plan since
the proposed density of 3.9 du's/acre is within the density
range of 0-4 du's/acre specified for the site as indicated on
the Land Use Element of the General Plan.
2) The site is physically suitable for the type and density of the
development since the site is adequate in size and shape to
accommodate residential development at the density proposed.
3) The project is consistent with all city public facility pol-
icies and ordinances since:
8 a) The Planning Commission has, by inclusion of an appropriat<
condition to this project, insured that the final map will
9 not be approved unless the City Council finds that sewer
service is available to serve the project. In addition,
10 the Planning Commission has added a condition that a note
shall be placed on the final map that building permits may
11 not be issued for the project unless the City Engineer
determines that sewer service is available, and building
12 cannot occur within the project unless sewer service
remains available, and the Planning Commission is satisfie
13 that the requirements of the public facilities element of
the General Plan have been met insofar as they apply to
14 sewer service for this project.
15 b) The Carlsbad School District has written a letter, dated
February 21, 1980, stating that school facilities will be
16 available to this project.
17 c) Park-in-lieu fees are required as a condition of approval.
18 d) All necessary public improvements have been provided or
will be required as conditions of approval.
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e) The applicant has agreed and is required by the inclusion
20 of an appropriate condition to pay a public facilities fee
Performance of that contract and payment of the fee will
21 enable this body to find that public facilities will be
available concurrent with need as required by the General
22 Plan.
23 4) The proposed project is consistent with the city's Planned
Development Ordinance and also complies with the Design
24 Guidelines Manual.
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28 PC RESO NO. 2024 -2-
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5) The proposed project is compatible with the surrounding and
future land uses since surrounding properties are designated
for residential development on the General Plan.
6) This project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the Land
Use Planning Manager on September 21, 1982 and approved by the
Planning Commission on October 13, 1982.
Conditions
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Approval is granted for CT 81-50/PUD-37, as shown on
Exhibit "A", dated August 18, 1982, incorporated by reference
and on file in the Land Use Planning office. Development shal
occur substantially as shown unless otherwise noted in these
conditions.
This project is approved upon the express condition that the
final map shall not be approved unless the City Council finds
as of the time of such approval that sewer service is available
to serve the subdivision.
This project is approved upon the express'condition that
building permits will not be issued for development of the
subject property unless the City Engineer determines that sev/e?
facilities are available at the time of application for such
sewer permits and will continue to be available until time of
occupancy. This note shall be placed on the final map.
This project is approved upon the express condition that the
applicant shall pay a public 'facilities fee as required by City
Council Policy No. 17, dated 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, a copy of that agreement, dated December 18, 1981, is on
file with the City Clerk and incorporated herein by reference.
If said fee is not paid as promised, this application will not
be consistent with the General Plan and approval for this
project shall be void.
The applicant shall pay park-in-lieu fees to the city, prior tcj>
the approval of the final map as required by Chapter 20.44 of
the Carlsbad Municipal Code.
Approval of this request shall not excuse compliance with all
sections of the Zoning Ordinance and all other applicable city
ordinances in effect at time of building permit issuance.
Water shall be provided by the city of Carlsbad unless some
other arrangement is approved by the City Council.
PC RESO NO. 2024 — 3—
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Land Use Planning Office
8) The applicant shall establish a homeowner's association and
corresponding covenants, conditions and restrictions. Said
CC&R's shall be submitted to and approved by the Land Use
Planning Manager prior to final map approval.
9) A 500' scale map of the subdivision shall be submitted to the
Land Use Planning Manager prior to the recordation of the fina
map. Said map shall show all lots and streets within and
adjacent to the project.
10)- The applicant shall submit a street name list consistent with
the city's street name policy subject to the Land Use Planning
Manager's approval prior to final map approval.
1 1 ) All development on the lots created by this project shall
comply with the standards of the R-1 zone.
12) The building plans for each lot shall provide for either a
rear yard or side yard with a minimum dimension of fifteen
feet with a slope not greater then fifteen percent.
Engineering
13) The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
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The grading for this project is defined as "regular grading" b]
Section 11.06.170(a) of the Carlsbad Municipal Code. The
developer shall submit a grading plan for approval which shall
include all required drainage structures and any required
erosion control measures. The developer shall also submit
soils, geologic or compaction reports if required and shall
comply with all provisions of Chapter 11.06 of the Carlsbad
Municipal Code.
No grading shall occur outside the limits of the subdivision
unless a letter of permission is obtained from the owners of
the affected properties.
Additional drainage easements and drainage structures shall be
provided or installed as may be required by the County
Department of Sanitation and Flood Control or the City Engi-
neer.
The developer shall pay the current local drainage area fee
prior to approval of the final map or shall construct drainage
systems in conformance with the Master Drainage Plan and City
of Carlsbad Standards as required by the City Engineer.
PC RESO NO. 2024 -4-
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PC
Land for all public streets and easements shown on the ten-
tative map shall be dedicated on the final map and shall be
granted to city free and clear of all liens and encumberances.
All public streets shall be improved by the developer based on
the typical sections shown on the tentative map and in
conformance with City of Carlsbad Standards prior to occupancy
of any buildings except as modified by these conditions.
The developer shall comply with all the rules, regulations and
design requirements of the respective sewer and water agencies
regarding services to the project.
The developer shall construct full half street improvements on
Valley Street based on a centerline to curb width of 20 feet
along the subdivision frontage.
The design of all private streets and drainage systems shall b<
approved by the City Engineer prior to approval of the final
map. The structural section of all private streets shall
conform to City of Carlsbad Standards based on R-value tests.
All private streets and drainage systems shall be inspected by
the city, and the standard improvement plan check and
inspection fees shall be paid prior to approval of the final
map.
All private streets and drainage systems shall be maintained b;
the homeowner's association in perpetuity. This responsibility
shall be clearly stated in the CC&R's.
All concrete terrace drains shall be maintained by the home-
owner's association (if on commonly owned property) or the
individual property owner (if on an individually owned lob) in
perpetuity. An appropriately worded statement clearly
identifying the responsibility shall be placed in the
CC&R's.
Approval of this tentative tract map shall expire twenty- four
months from the date of Planning Commission approval unless a
final map is recorded. An extension may be requested by the
applicant. Said extension shall be approved or denied at the
discretion of the Planning Commission. In approving an
extension, the Planning Commission may impose new conditions
and may revise existing conditions.
The developer shall provide for the construction of a storm
drain from the subdivision to a drainage course as approved by
the City Engineer in conformance with the Master Drainage Plan
or approved revisions thereto. The developer may request to
establish a reimbursement in accordance with the provisions of
the Master Drainage Plan.
PC RESO NO. 2024 -5-
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27) The design of the aforementioned drainage system shall be
approved by the City Engineer prior to final map approval.
J28) Prior to recordation of the final map, the owner shall provide
for the dedication of 42 feet of the ultimate 60-foot right-of-
way of James Drive adjacent to the subdivision boundary.
29) Prior to occupancy of any units, James Drive shall be improved
in accordance with City Standards.
30) Prior to the recordation of the final map, the subdivider
shall provide for a minimum 28-foot improved roadway section
within a minimum 30-foot publicly dedicated easement for James
• Drive from the subdivision boundary to Basswood Avenue.
Fire Department
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31) Fire retardant roofs shall be required on all structures.
32) The minimum water main size in James Drive shall be six
inches.
33) A fire hydrant shall be installed at the corner of James
Street and "A" Street.
Parks and Recreation Department
34) All street trees shall be planted at least eight feet behind
the face of the curb and in accordance with City Standards
prior to occupancy of any units.
PC RESO NO. 2024 -6-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Planning Commission of the city of Carlsbad, California, held on
the 13th day of October, 1982, by the following vote, to wit:
AYES: Vice-chairman Schlehuber, Commissioners Jose,
Rombotis, Friestedt and Rawlins.
NOES: None.
ABSENT: Chairman Farrow and Commissioner Marcus.
ABSTAIN: None.
CLARENCE SCHLEHUBER, Vice-Chairman
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J.
LAND USE PLANNING MANAGER
PC RESO NO. 2024