The URL can be used to link to this page

Home My WebLink About1987-06-02; City Council; 9032; TENTATIVE MAP EXTENSION CT 84-34 (PUNSLEY/FREIBURGER)s � 0::. 0.. a.. <( ..z 0 � ...J 0 z ::::, 0 0 CITtt>F CARLSBAD -AGEND.ILL AB# 9o..3Q. MTG. 6-2-�8-=--7- DEPT. ENG TITLE: RECOMMENDED ACTION: TENTATIVE MAP EXTENSION CARLSBAD TRACT NO. 84-34 (PUNSLEY/FREIBURGER) Adopt Resolution No. 2 too approving a one-year ext ens ion of time for Tentative Map Carlsbad Tract No. 84-34 (Punsley/ Freiburger). ITEM EXPLANATION Carlsbad Tract No. 84-34 is a 6-unit subdivision located on the north side of Magnolia Avenue at Grecourt Way. The Applicant is requ esting that the tentative map be extended until April 29, 1988. The tentative map was originally approved on January 23, 1985, per Planning Commission Resolution No. 2404. 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 agreemen t to waive a prohibition of new con ditions. Staff recommends the inclusion of three additional conditions as shown on the resolution of approval. These standard conditions relate to the updated public facilities fee requirements, the growth management ordinance, and the suspension of the approval if any condition or fees are challenged. The applicant should be aware that compliance with the Growth Management Ordinance may require the density of the project to be reduced since the present density exceeds the City's growth control points. This cannot be determined until the Local Facilities Management Plan is completed for Zone 1. FISCAL IMPACT This project is estimated to generate sewer connection fees of approximately $4,716.00 and Park-in-lieu fees of approximately $6,000.00 (6 single family detached at $786.00 per unit). The exact amount of Public Facilities Fees are unknown until the applicant submits applications for building permits. The project should also generate Water Capital Fees estimated at $8,160.00 • • • PAGE 2 Of AGENDA BILL NO. No detailed economic impact analysis of this development has been conducted. While increased operating expenses related to this development are expected to be offset from increased tax or fee revenue, no exact percentage of offset can be predicted. PUBLIC fACILITV AD£QUACV STATUS Traffic Impact Fee Bridge & Thoroughfare DistrictDevelopment Zone Phasing Program -Local Facilities Plan Density of this Project Growth Initiative Control Point Density EXHIBITS 1.Location Map. l $3,600.00 N/A =1----·---- 2.Letter requesting extension dated March 2, 1987. 3.Resolution No. _!]_Jootime for Tentative (Punsley/ Freiburger). approving a one-year extension of Map Carlsbad Tract No. 84-34 OCATION Ml\ _JI.______ ____ ____JJ L SPANISH WAY WOO OLAN WAY w > 4( ,_ ::::, z ,_ w .__ PROJECT NAME HIGHLAND DR ADAMS ST PUNSLEY-FREIBURGER y w > 4( -c YVETTE WAY GRECOURT WAY SITE PROJ. EXHIBIT NO. C.T. 84-34 2. City of Carlsbad 1200 Elm Ave. Carlsbad, CA RE: Final Subdivision Map CT 84-34 To whom it may concern; e Albert J. Freiburger, M.D. 1337 Magnolia Ave. Carlsbad, CA 92008 Richard G. Punsly 1230 Magnolia Ave. Carlsbad, CA 92008 March 2, 1987 Please grant us an extension on CT 84-34. Please give this matter attention as we await your response. c/: Mayor Lewis City Council Sincerely, Albert J. Freiburger, M.D. 1 2 3 4 5 RESOLUTION NO. 9100 ------ A RESOLUTION OF THE CITY COUNCIL OF TH[ CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR TENTATIVE MAP NO. 84-34 SUBJECT TO CERTAIN CONDITIONS. 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 Plan ning Commission of the City of Carlsbad on 9 ;the 23rd day of January, 1985, adopted Resolution No. 2404 10/)approving, with conditions, Tentative Map CT 84-34; and 11 WHEREAS, Tentative Map CT 84-34 is now inconsistent with the 12 ,General Plan of the City of Carlsbad because the City Council has 13 1 found that public facilities are inadequate; and 14 WHEREAS, said Tent ative Subdivision Map will expire on the 15 30th day of March, 1987, and the Applicant has requested an 16 exten sion of time which cannot be approved unless the subdivision 17 can be brought into conformity with the General Plan; and 18 WHEREAS, the addition of certain conditions of approval to the 19 ;subdivision will allow it to be found to be in conformity with the 20 General Plan and the Developer has requested the imposition of such 21 conditions and agreed to comply with them; and 22 WHEREAS, the approval of an extension of Tentative Ma p CT 84- 23 34 subject to such conditions, in lieu of denial of the map, will 24 allow the project to go forward avoiding the unnecessary delay to 25 the City and to the Developer involved with denial and the new 26 application which would then be approved subj ect to the same set of 27 conditions; and 28 WHEREAS, both the Developer and the City wish to extend the - 1 - I \I 'i 11 111 map subject to the additional condition;i\ 2 11 I 3il of Carlsbad, California, as follows: • • NOW, THEREFORE, BE IT RESOLVED by the City Council of the City 4\\ A.That the above recitations are true and correct.5\i B.That Tentative Map CT 84-34 is hereby extended for one6 /:i year from March 30,19 8 7, to March 30,1988, subject to the I, 7l'(execution and fulfillment of all the conditions of Resolution No.8 i 2404 and the following additional conditions: ii g 1,1111 10 11 11 1) 1311 ii 1411 15 \I 16 ii 17 \I Ii 18ii I 191\ \I 20 \I 21 fiii1! 22 231; 24 11 I ( 1 ) ( 2 ) ( 3 ) 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 project cannot proceed and this approval shall be void. If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof, imposed by this approval or 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 lo be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. The applicant shall comply with all provisions of the Carlsbad Municipal Code Section 21.90 (Growth Management System). No residential building permits shall be issued until the applicable Growth Management Plans have been prepared to the satisfactin of the City Council. 25 [i C.That the Agreement for Waiver of Prohibition against the26[!imposition of conditions upon the approval of an extension of a 271\tentative subdivision map between A. Freiburger/R. Punsly and the 1: 28[1 City of Carlsbad, dated 11 II 1\ �; _ _r-_u��--��---�-Xc.-..��' 198_'�7��' on file in the - 2 - ( ,,_C) l, Office of the City Clerk, is approved, and the Mayor is authorized 2 to execute such agreement on behalf of the City. 3 D. That this extension is approved in reliance upon said 4 agreement. Any legal challenge to or failure to perform said 5 agreement or the conditions of this resolution shall render this 6 approval void and the map shall not be final. 7 PASSED, APPROVED AND ADOPTED at a regular meeting of the 81 1 Carlsbad City Council held on the 2nd day of [! 9 I by the following vote, to wit: June , 198 7 10 AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson 11 12 13 14: 15 lG ATTEST: NOES: None ABS EN T : None 17 c:M& /Ko;� lS \ ALETHA L. RAUTENKRA�erk 19 I, /) (SEAL)201: 21 ii I I22 Ii231'24 25 11 I 261 1 I, 271:I2s Ii Ii -3 - �E A.�s, Mayor