HomeMy WebLinkAbout1987-02-24; City Council; 7436-4; TENTATIVE MAP EXTENSION CT 83-09A (MANDANA CAL CO.)I
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TENTATIVE MAP EXTENSION
(MANDANA CAL CO.)
CARLSBAD TRACT NO. 83-9(A)
Recommend adoption of Resolution No. J777x approving a o
year extension of time for Tentative Map arlsbad Tract N
83-9(A) (Mandana Cal Co.).
ITEM EXPLANATION d
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a, Carlsbad Tract No. 83-9(A) is a 138-unit subdivision locat
h Sunny Creek Road. The Applicant is requesting that t
cd tentative map be extended until February 19, 1988.
a, The tentative map was originally approved on July 19, 198
0 per Resolution No. 7292. An amendment to the tentative m
(d was approved on June 19, 1984, per Resolution No. 7639.
%I The Applicant agreed to pay Public Facilities Fees with tl
U m original application. Planning and Engineering staffs ha,
a, reviewed this project and recommend the Developer execute tl
CF revised Public Facilities Fee Agreement as required I
!4 Council Policy No. 17. The Subdivider has signed
a, agreement to waive a prohibition of new conditions.
W dl Council should be aware that Chis project is conditioned
-ri construct significant off-site improvements beyond tl $ boundary of the project. These improvements include tt
roadway shown as Mandana Avenue on Exhibit 2, portions c
-4 College Boulevard as well as a sewer easement along Sunr 2 Creek Road.
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U one mile east of El Camino Real at the eastern terminus 5
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3 0 V Under the provisions of State law, if the developer is unab;
b to obtain required rights-of-way through negotiations, tt
City would be required to utilize its condemnation powers. co * hl
hl To date the developer has had some difficulty obtainir,
required rights-of-way, particularly for Mandana Avenue. I
would appear at this point actions relative to condemnatio
are imminent.
.. Should Council wish to extend approval of Carlsbad Tract No z 83-9(A) (Mandana Cal Co.), a Resolution has been prepared fo
adoption. This resolution adds conditions which (1) prohil: 0 F 0 its final recordation prior to adoption of the appropriat a Zone Facilities Plan, (2) requires sewering to the South Agu
=! Hedionda Truck Sewer, (3) requirements for environmental an
paleontological studies along Sunny Creek Road, and (4 0 z 3 Developer to agree to formation of an Assessment District. 0 0
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Traffic Impact Fee
Bridge & Thoroughfare District
Development Zone
Phasing Program - Local Facilities Plan
Density of this Project
Growth Initiative Control Point Density
Required
Included 75
Required*
0.71 Du/Ac.
1.0 Du/Ac.
-
e 0 Mcrndana Corporation
18552 MacRrthur Oivd. Suite 345 Imine, CR 9271 5 0 7 14 ,/ 851 -631 5
October 16, 1986
c-; 2 I sssg
Mr. David Houser
Acting City Engineer
City of Carlsbad
1200 Elm St.
Carlsbad, CA 92008
Dear Mr. Houser:
The outside time for the recordation of a final parcel map for our Mandana
project has been extended because of the moritorium to January 21, 1986.
While this is approximately 140 days from today we know that it will be
impossible for us to record the final map within that time frame unless
we are satisfied of the requirements of the new public facility ordinance.
While it is technically feasible to record a final map prior to satisfying
the public facility requirements which relate to building permits rather
than map recordation as a practical matter, it would be extremely difficult
to obtain both for our improvement requirement as a condition of the map
until our lender can be satisfied that the building permits would be ob-
tainable under the public facitity ordinance. Therefore, we are request-
ing that the time for recording our final parcel map for an additional one
year beyond its present expiration date at this time so that we can feel
confident in continuing to spend funds to obtain final map recordation
status.
I would appreciate it if you would place this matter on the council agenda
at the earliest possible moment and if you have any questions regarding
our request I would be most happy to meet with you.
Sincerely,
MANDANA CORPORATION
EPC
-9
P
By :
Chairman
cc: Mary Casler
kc.- A copy of your letter to us regarding this matter.
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MANDANA CAL PROJECT HAhW
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- RESOLUTION NO. 8974
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF
CERTAIN CONDITIONS.
TIME FOR TENTATIVE MAP NO. 83-9(A) SUBJECT TO
WHEREAS, Section 66473.5 of the Subdivision Map
provides that a tentative subdivision map may not be appr
unless it is consistent with all applicable general and spec
plans; and
WHEREAS, the City Council - bf the City of Carlsbad on
19th day of July, 1983, adop'hed Res lution No. 7292 app ov..
with conditions, Tentative Map 'CT 83-9,(A); and
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\ \ WHEREAS, the City Council of the City of Ca lsbad on
n 19th day of June, 1984, aagpted Resolution No. 76/39 approvinr,
amendment to the tentative map; and
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\ \ / \ WHEREAS, Tentative Map l?T 83-9(A) is IM'W inconsistent v k General Plan of (he City of Cadsbad because the L
Counc'l has found that pubUic facilitie? are inadequate; and
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L/ / said Tentative Subdiyision Map will expire
19, 1987,, and the Applicaqt has requested an extens
of time whhh cannot be approved'unless the subdivision can
brought into con orm'ity with the General Plan; and
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wHEYs'
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IFebruary i
i \ k\ dd'ition of / certain conditions of approval y, 1
WHEREAS,
the subdivision will allo i it to be found to be in conform
the Developer has requested '
imposition of such conditions and agreed to comply with the
WHEREAS, the a 1 proval of an extension of Tentative Map
and
4 /with the General Plan
83-9(A) subject to such conditions, in lieu of denial of t
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map, will allow the project to go forward avoiding
unnecessary delay to the City and to the Developer involved
denial and the new application which would then be app>
subject to the same set of conditions; and
WHEREAS, both the Developer and the City ish to extenl r/ / map subject to the additional condition;
NOW, THEREFORE, BE IT RESOLVED by he City Council 01 1 City of Carlsbad, California, as follows: / A. That the above recitations abe true and correct.
5. That Tentative Map CT 8,$-9(A) is hereby extended
One year from February 19, 1907,;' to February 19, 1988, sub
to the execution and fulfil i rnent of all the condition
i Resolution No. 7639and the following additional condition: i
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(1) This approva; is expressly conditioned on
payment by /the Applicant of a Public Facili
Fee as req'uired by City Council Policy No. dated Febybary 24, 1982, and effective Apri
1982, on f,hle with the City Clerk and incorpor
herein ,dy reference, and according to
agreementz executed by the Applicant for paymen
If said fee is not paid as promi said fee.
this abplication will not be consistent with GeneraJ Plan and the project cannot proceed
The /applicant shall comply with all provision:
Carlsbad Municipal Code Section 21.90 (Grc
Ma agement System). Final map approval tY r cordation is prohibited until the Grc
anagement Plan for the zone in which the pro.
is located has been approved by the City Counci
(3) Comply with all requirements of Carlsbad Ordinc Lo. 9808. This project shall not be conside exempt per Section 21.90.03~of the ab
I mentioned ordinance.
(4) Sanitary sewer service to this project is tc
provided through the South Agua Hedionda Tr
Line in accordance with the City of Carlsbad Sf Master Plan.
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pproval shall be void.
this B i
(2) I '
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Installation of the portions of the South A
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Hedionda Trunk Line .within Sunny Creek
require appropriate environmental review b:
City of Carlsbad and any other applii
agencies.
(5) A program shall be undertaken to avoid pos:
significant impacts on paleontological resour'
a. The program shall first consis J of a qual:
paleontologist doing a liteyature and rec
search, surface study, subsurface testin!
necessary), the recordatio'n of any sites!
a recommendation regarding the need /
./. further work,
b. If it is determinedl that further WOI
necessary, it shall qhnsist of the followi
I. A qualified padeontological monitor 5 be present at .,A pregrading conference
the developer$' grading contractor, and
environmenta? review coordinator.
purpose of ,t'his meeting will be to con
and coordigate the role of the paleont
gist in ,'the grading of the site.
qualified' paleontologist is an indivi
with adequate knowledge and experi
with ,,fossilized remains likely to
presen$ to identify them in the field
is adequately experienced to remove
resojrces for further study.
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1 2. A ,paleontologist or designate shal: I pr,esent during those relative phase:
I giading as determined at the pregrac i
qonference. The monitor shall have I /authority to temporarily direct, divert ;'halt grading to allow recovery of fo: / remains (primarily marine mammals). ' the discretion of the monitor, recol / may include washing and picking of I
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/' samples for micro-vertebrate bone ,,/ teeth. The developer shall authorize deposit of any resources found on
project site in an institution staffed
qualified paleontologists as may
determined by the Planning Director.
contractor shall be aware of the rar;
nature of fossil occurrences and
possibility and/or educational importa
which might warrant a long term salv
operation or preservation. Any confli
regarding the role of the paleontolog
and/or recovery times shall be resolved
the Planning Director.
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(6) Prior to approval of a final map, the olr
developer shall agree to participate in and nc
oppose the formation of an assessment distric
construct the off-site public improvement:
required by the Resolution of Approval.
C. That the Agreement for Waiver of Prohi ition ag:
the imposition of conditions upon the approval’ of an exter
City of Carlsbad, dated /’ , 1987, on fil
the Office of the City Clerk, is apjproved, and the Mayc
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of a tentative subdivision map between Man J ana Cal Co. anc
authorized to execute such agreement pn / behalf of the City.
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/‘ D. That this extension is ayproved in reliance upon
agreement. Any legal challengP to or failure to perform
agreement or the conditions of his resolution shall render
approval void and the map shy11 not be final.
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1 PASSED, APPROVED AN/D ADOPTED at a regular meeting of
Carlsbad City Council /held on the day of
1987 by the following +te, to wit:
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I I I NOES: ;I/
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ABSENT:/
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CLAUDE A. LEWIS, Mayor / ATTEST:
ALETHA L, RAiUTENKRANZ, City Clerk
(SEAL)