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HomeMy WebLinkAbout1985-10-15; City Council; 7339-6; TENTATIVE MAP EXTENSION CARLSBAD TRACT NO. 83-02 SEAPINES4 a W' > 0 E a. cb, < 2 .. s 6 a $ z 0 3 0 CI~F CARLSBAD - AGEN-ILL .c, u AB#-- MTG. 10/15/85 TITLE - TENTATIVE MAP EXTENSION DE CARLSBAD TRACT NO. 83-2 CI' DEPT. ENG RECOMMENDED ACTION: I (SEAPINES) CI' Adopt Resolution No. &??/a approving a one-year extension of t Tentative Map CT 83-2, including CP-225 subject to additional engi and planning conditions. ITEM EXPLANATION Carlsbad Tract 83-2 is a 584-unit subdivision of which 192 units h: f inaled. It is located on the eastern terminus of Poinsettia Lane 1-5. The Applicant is requesting that the tentative map be extend€ April 19, 1986. The tentative map was originally approved on April 19, 1983, per Re: No. 7191. The Land Use Planning office has reviewed this projc respect to current development standards and has found it tc compliance with the planned development ordinance. The Applicant agreed to pay Public Facilities Fees with the c application. The Developer executed the revised Public Facilit Agreement as required by Council Policy No. 17. The Subdivider ha: an agreement to waive a prohibition of new conditions. FISCAL IMPACT! This project is estimated to generate sewer connection fees of : mately $392,000.00 and Park-in-lieu fees of approximately $236,712 single family detached at $784.00 per unit, 124 c4 or less] attachec family units at $654.00 per unit, and 208 [4 or more] attached single units at $522.00 per unit). The exact amount of Public Facilities F unknown until the applicant submits applications for building permit project should also generate Water Capital Fees estimated at $344,96E No detailed economic impact analysis of this development has been cor While increased operating expenses related to this development are c to be offset from increased tax or fee revenue, no exact percer offset can be predicted. EXHIBITS 1. Letter requesting extension dated March 1, 1985. 2. Location Map. 3. Resolution No. f!. approving a one-year extension of 1 Tentative Map CT 83-2 subject to additional conditions. 4. Agreement for Waiver of Prohibition Against the Imposition of Cor upon the approval of an extension of a tentative subdivision map, 5. Memorandum from Land Use Planning Office dated September 30, 198! 6. Resolution No. 7191. ' v k'. a 0 STANDARD PACIFIC I OF SAN DIEGO I March 1, 1985 Mr. Ronald Beckman City Engineer City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Subject: Carlsbad Tract 83-2, Sea Pines Tentative Map Extension of Time Dear Mr. Beckman: In compliance with Item 41 of the approved Tentative Map Conditio] respectfully request a maximum time extension for the subject map The Tentative Map was approved by the Planning Commission on Marc1 1983 (Resolution No. 2090) and by the City Council on April 19, l! (Resolution No. 7191) * The entire project has been graded with storm drainage installed. No. 1 was recorded January 10, 1984 and Unit No. 2 was recorded November 16, 1984. We are diligently proceeding with final desigl Units 3, 4, 5, 6 & 7 which will finalize all the remaining units. Your early consideration of this request would be appreciated. P: call with the amount of necessary processing fees and we will for1 same immediately. Very truly yours, STANDARD PACIFIC OF SAN DIEGO FdJY+ David H. Phares Vice President DHP: jk cc: Mr. Frank Fitzpatrick, Manitou Engineering IT 1 7290 Clairemont Mesa Blvd. / San Diego, California 921 11 / (619) 2 \ - - 0 0. LOCATION MAP L I -UNITS ALREADY FINAL - 0" I -1 N.7.s. PROJECT NAME PROJ. Ct83-2 NO. SEAPINES 4 r. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I 19 i 20 21 22 23 24 25 26 27 28 I 0 0 RESOLUTION NO. 8212 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF CERTAIN CONDITIONS. TIME FOR TENTATIVE MAP NO. CT 83-2 SUBJECT TO WHEREAS, Section 66473.5 of the Subdivision Map Act provi tentative subdivision map may not be approved unless it is consisten applicable general and specific plans; and WHEREAS, the City Council of the City of Carlsbad on the 1 April, 1983, adopted Resolution No. 7191 approving, with c Tentative Map CT 83-2 and CP-225; and WHEREAS, Tentative Map CT 83-2 is now inconsistent with the GI of the City of Carlsbad because the City Council has found facilities are inadequate; and WHEREAS, said Tentative Subdivision Map will expire on Apri and the Applicant has requested an extension of time which cannot unless the subdivision can be brought into conformity with the GE and WHEREAS, the addition of certain conditions of appro\ subdivision will allow it to bafound to be in conformity with Plan and the Developer has requested the imposition of such COI agreed to comply with them; and WHEREAS, the approval of an extension of Tentative Map CT 83-: such conditions, in lieu of denial of the map, will allow the p forward avoiding the unnecessary delay to the City and to t involved with denial and the new application which would then subject to the same set of conditions; and WHEREAS, both the Developer and the City wish to extend tht. to the additional condition; I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 l8 I 19 j 20 21 22 23 24 25 26 27 28 0 0 NOW, THEREFORE, BE IT RESOLVED by the City Council of tht Carlsbad, California, as follows: A. That the above recitations are true and correct. 6. .That Tentative Map CT 83-2, including CP-225, is hereby ex' one year from April 19, 1985, to April 19, 1986, subject to the exe fulfillment of all the conditions of Resolution No. 7191 and the additional conditions: (1 ) This approval is expressly conditioned on the paymer Applicant of a Public Facilities Fee as required by Ci Policy No. 17, dated February 24, 1982, and effective Aprj on file with the City Clerk and incorporated herein by and according to the agreement executed by the Applicant of said fee. If said fee is not paid as promised, this j will not be consistent with the General Plan and the pro, proceed and this approval shall be void. (2) The project shall provide bus stop facilities at locatic to the satisfaction of the North County Transit Distr facilities shall at a minimum include a bench, free fron ing, and a pole for the bus stop sign. The bench and PO: designed in a manner so as to not detract from the basic tural theme of the project and said design shall be sub approval of the Land Use Planning Manager and North Cou District . (3) The developer shall display a current Zoning and Land Use sales office at all times, and/or suitable alternat. satisfaction of the Land Use Planning Manager. (4) All sales maps that areAistributed or made available to shall include but not be limited to trails, future a1 schools, parks, and streets (5) Building identification and/or addresses shall be placed and existing buildings so as to be plainly visible fron or access road; color of identification and/or addrm contrast to their background color. (6) Prior to occupancy of any units, the applicant shall directory sign at the entrance to the project. The des sign shall be approved by the Land Use Planning Manager. (7) If any condition for construction of any public impr facilities, or the payment of any fees in lieu thereof this approval or imposed by law on this project are chal approval shall be suspended as provided in Government 65913.5. If any such condition is determined to be il approval shall be invalid unless the City Council det 1 1 2 3 4 5 0 e the project without the condition complies with all requi law. (8) Additional right-of-way shall be offered for dedi accommodate a 126-foot right-of-way on Poinsettia Lane h subdivision1 C. That the Agreement for Waiver of Prohibition against the 6 of conditions upon the approval of an extension of a tentative subdj 7 Mayor is authorized to execute such agreement on behalf of the City 9 August 25, 1985, on file in the Office of the City Clerk, is approvl 8 between Standard Pacific of San Diego and the City of Carlsl x0 D. That this extension is approved in reliance upon said agrel 11 14 final. 13 this resolution shall render this approval void and the map s 12 legal challenge to or failure to perform said agreement or the co PASSED, APPROVED AND ADOPTED at a regular meeting of the Ca 15 Council held on the 15th day of October 9 1985 by the followi 36 wit: 17 AYES : Council Mmbers Casler , Lewis, Kulchin, Chick and 18 1 NOES: None 19 11 ABSENT : mne I 20 I I 21 1 "z aL!ya MARY H. :dASLER, May01 22 1 ATTEST: 23 I 251 24! 7 - 1 L?-" 26 I/ 27 28 ! (SEAL) ., , IO .. ,w - . .. ',,-,: Lf 13." AGREEMENT FOR WAIVER OF PROHIBITION AGAINST THE IMPOSITION OF CONDITIONS UPON THE APPROVAL OF AN EXTENSION OF A-TENTATIVE SUBDIVISION MAP This Agr-ement is made' this 26th day of August I 19 - 85 between the City of Carlsbad, a municipal corporation, (hereinafter called ''City" ) an6 Standard Pacific of San Diego I a Cal ifornia Corporation (hereinafter called "Subdivider:). RECITALS b 1. ' Government Code Section 66452.6(e) and CarPsbad Municipal . .. Code Sections 20.12.110 and 10.24.180 permit Subdividers to request and Cit.y to approvep conditionally approve or deny extensions of time for the expiration of tentative maps or tentati.ve parcel maps (hereinafter collectively called "Tentative Subdivision Maps"). 2. El Patio v. Permanent Rent Control Board, 110 Cal. App.3d 915, modified 111 Cal. App 3d 788 (1380) indicates t5at the Government Code (Subdivision Map Act) may not authorize City to impose new conditi0n.s; i.e., those which were not . imposed, on the tentative subdivision map, upon the extension of the time for expiration of a tentative subdivision map, but also held that the City does have discretion to approve or deny such extensions. .. ~~~~~~ ~ . 2 ** . e. , 3. 4. a. 5. 6. ,7. . ..e e .- ;. 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 . Subdivider has requested City to approve the extensioin of time for Tentative Subdivision Map No. CT- 83 -2 which was initially approved on ' 4/19/83 (Council Resol #7191). Since the approval of said Tentative Subdivision Map, City has conducted studies which show that the-construction of i 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. Since the approval of said Tentative Subdivision Map, City has adopted a major drainage r'ee or major thoroughfare fee or both $0 provide the funds to construct the necessary drainage facilities and thoroughfares. 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 welfar of the present and future residents of City and to ensure 2. .I .e 6 .- 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 tl ' that effect. 8. Because the original approval of sai.d Tentative Subdivisio Map occurred prior to the adoption of the aforementioned fees, City did not condition the approval of said Tentativ Subdivision Map with the payment of said fees. 9. Since the initial approval of the Tentative Subdivision Mz . there may have been changed circumstances which require i 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 enviranmel or to ensure consistency of the extended map with the Cit: general plan and Municipal Code. 10. City arguably may not, without the voluntary consent of Subdivider, impose upon the extension of said Tentative Subdivigion 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 Cod 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. .. * . ., ,, -1 .. 0 e .I ri 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 consisten b 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 extensior could result in the expiration of the tentative subdivisic 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 extensj " of time for said tentative subdivision map and finds that granting the request subject to certain conditions will r 4. ,, . il * .. a. 0 0 - *> be contrary to the public health, safety, and welfare NOW, THEREFORE, in consideration of the recitals and of the mutual convenants set forth herein, City and Subdivider agree as follows : 1. City agrees to extend Subdivider's Tentative Subdivision Mal for one year subject to whatever new or revised conditions 1 .. City in its sole discretion deems appropriate. 2. Subdivider knowingly and voluntarily waives any an8 all rig the unconditioned extension of Tentative Subdivision Map No 3. Subdivider knowingly and.volun-tarily consents kt3 the impasi of a condition of approval of the extension of Tentative Subdivision Map No. 83-2 which requires payment'of any fe which may be in effect at the time of approval of the final subdivision map for said subdivision or any portion thereof to the follGwing additional conditions: This approval is expressly conditioned on the payment 1 the applicant of a public facilities fee as required b!: City Council Policy No. 17, issued 2/24/82 and effectir; 4/2/82, on file with the City Clerk and incorporated ht by reference, and according to the agreement executed 1 paid as promised, this application will not be co~sistt with the General Plan and the project cannot proceed a1 this approval shall be void. '. , the applicant for payment of said fee. If said fee is s 4. The provisions of Carlsbad Municipal Code Sections 20.12.1: and 20.24.180, as appropriate, . shall govern extension of tl map which is the subject of this agreement. 5. If this agreement is for an extension of a tentative subdi map for a minor subdivision, the appeal of the City Engine approval, or conditional approval, of the extension by any shall void' this agreement unless 5. aJ e . ** ;. .. L. I .. ..b d 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 bein approved. .. ATTSST : CITY OF CARLSBAD, a municipa: corporation llL&xx& 2. mA .. - : BY %iq si. &&+&-. ALETHA L. RAUTENKRAN Z f MAYOR { Mfljor Subdivlslons) City Clerk CITY ENGINEER (Minor Sub- divisions) .. SUBDIVIDER STANDARD PACIFIC OF SAN DIEGO . "- .- 'APPROVED AS TO FORM: " -v - .! (Fotarial acknowledgement of execu subdivider must be attached] (Affix corporate seal if. appropria 6. CAT. NO. NN00737 TO 21945 CA (1-83) (Corporation) g TICOR TITLE INSURANCE STATE OF CALIFORNIA COUNTY OF Sari Diego ) =. On August 26, 1985 before me, the undersigned, a Notary Public in and f said State, personally appeared Robert M - A1 1 an personally known to me or proved to me on the basis ' y of satisfactory evidence to be the person who executed i the within instrument as the I President, and w Jerry Saxe personally known to me or 2 proved to me on the basis of satisfactory evidence to be t e erson who executed the within instrument as the r .__.__ ".----hil.~~U-~~.,.i"", Secretary of the Corporation F>T, oF;:i<-Y:-) !, ?F . .:'-LC2 +, 1 1) that executed the within instrument and acknowledged 1 ,,;,x.,:; k I ~~+LTG~&c STE::;!,L,~~:E ;;;,>; >.!aR\,/ELi- 3 to me that such corporation executed the within instru- jI i ,,,b"B-.,;,xl:' & '\i fJC?%?Y fU3L;C - CAi-iFORNIA 1) merit pursuant to its by-laws or a resolution of its 9 'cEg$$:j.' S!'& fiIEG(! CO';NM board of directors. WITNESS my hand and official seal. k"""*.=".q.) t i Rsa* i: tL +:d My comm. expires Mp,R 1, 1968 i I; w (This area for official notarial sed) 0 e HEHORANDUM DATE: September 30, 1985 TO: Tim Fennessy, Engineering Department FROM: Mike Howes, Land Use Planning Office flP SUBJECT: MAP EXTENSION FOR CT 83-2 Please add the following conditions to CT 83-2. Thank you. 1. The project shall provide bus stop facilities at locations subject to Satisfaction of the North County Transit District. Said facilities sl- at a minimum include a bench, free from advertising, and a pole for tl- stop sign. The bench and pole shall be designed in a manner so as to detract from the basic architectural theme of the project and said des shall be subject to the approval of the Land Use Planning Manager and County Transit District. 2. The developer shall display a current Zoning and Land Use Map in the E office at all times, and/or suitable alternative to the satisfaction c Land Use Planning Manager. 3. All sales maps that are distributed or made available to the public st include but not be limited to trails, future and existing schools, pa1 and streets 4. Building identification and/or addresses shall be placed on all new ar existing buildings so as to be plainly visible from the street or acct road; color of identification and/or addresses shall contrast to theil background color. 5. Prior to occupancy of any units, the applicant shall construct a dire( sign at the entrance to the project. The design of this sign shall br approved by the Land Use Planning Manager. 6. If any condition for construction of any public improvements or facilii or the payment of any fees in lieu thereof, imposed by this approval 0. imposed by law on this project are challenged, this approval shall be suspended as provided in Government Code Section 65913.5. If any such condition is determined to be invalid, this approval shall be invalid I the City Council determines that the project without the condition coml with all requirements of law. MH : lch EXHIBIT 5 / ' -// * 0 1 2 3 4 5 RESOLUTION NO. 7191 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING TENTATIVE TRACT MAP (CT 83-2) AND CONDOMINIUM PERMIT (CP-225) ON PROPERTY GENERALLY LOCATED AT THE EXISTING EAST END OF POINSETTIA LANE IMMEDIATELY NORTH OF THE SPINNAKER HILLS DEVELOPMENT. CASE NO: CT 83-2/CP-225 APPLICANT: STANDARD PACIFIC 6 Council that- Tentative Tract Map (CT 83-2) and Condominil 8 CornMission adopted Resolution No.. 2090 recommending to tk 7 WHEREAS, on March 9, 1983 the Carlsbad Planning 1% q Permit (CP-225) be approved: and 10 I' ' recommendations 'and 'heard: all persons interested in or 01 . *I2 April 5, 1983, held a public hearing to consider the . WHEREASr the City Council of the City of Carlsb< . . .. .. f .' . ,; -u I: 3 FI l3 to Tentatitre Tract Map (CT 83-2) and Condominium Permit E$ o) jps 14 (CP-225); and z,5= O& 15 *u -1 WHEREAS, said Tentative Tract Map and Condominil L * 34 +>W" z WZN_Q w 8 d l6 Permit have been declared to have a nonsignificant impac oo== VE rn z" Y 17 >5 2 environment and a Negative Declaration was prepared and ' ti " I8/i February 18, 1983 in compliance with the requirements of I' 22 21 California Environmental Quality Act: 2o 1 of Carlsbad Environmental Protection Ordinance of 1980 a 23 the City of Carlsbad, California as follows: NOW, THEIZEFORE, BE IT RESOLVED by the City Coun A. That the above recitations are true and cor 24 B. That the findings of the Planning Commissio 25 26 Resolution No. 2090 constitute the findings of the City in this matter. 2711 /// - 28 ' /// I -f -* I) //, I C. That said Tentative Tract Map, together with 1 /1 provisions for its design and improvement and subject to tl conditions of this resolution, is consistent with all appl general ar@ specific plans of the City of Carlsbad, 2 3 4 .5 6 7 8 D. That Tentative Tract Map CT 83-2 and Condomin Permit CP-225 2re hereby approved subject to all applicabl requirements of the Carlsbad Municipal Code and to the satisfaction of the conditions contained in Planning Commi Resolution Nd.! 2090, dated March 9, 1983 marked Exhibit A, -. P < %aJ K2 "Z Q) 7 cu$$ 0 p,c 0 m$s +>wo gZ-"g. 55 s ,. ;f u: .36 zU80 zo UJ E u 9 10 11 12 13 14 15 16 17 18 19 20 21 22 attached hereto and made a part hereof. PASSED, APPROVED, AND ADOPTED at a regular meetir the City Counc.i.1 of .the- City. of-Carlsbad,. California. On ti 19th day of &?ril , 1983 by the following to wit: .. AYES: Council &mberS Casler, Lewis, KulaU, Chi& an* Presc NOES: ?%ne ABSENT: Nm s ATTEST : %-dL MARY €I, VSLER, Mayor 23 L.Lk&L R 17i3,&JAb. 24 ALETHA L. RAUTENKRANZ 25 26 ( SEAL 1 ! 27 11 2. 28 li