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HomeMy WebLinkAbout1987-07-28; City Council; 7843-2; TENTATIVE MAP EXTENSION CARLSBAD TRACT NO. 83-32 |CALAVERA HILLS, VILLAGE Q|3' I Lo m h d hy Q) *Jz mu 2g Wk cdw d GaJ oE -rl aJ ma -rl !4 k ao, a, a)cH um 5W %? s a, c .rl UU qi - ua -4 .A aJak E4-( 0 .rl 0 uua) *rl k w4 OPa 3G c acd 0 *rl 3 a mala, dGU aJa u cdd Xa aJ; g 2Y u3c aJ aaJaJ 0, PP 3 .rl oum k0cd aaJs ae d(CT -A a, 0 $2 u 5W", c) p *d Udcd ooa h co I cu co h I .. 2 0 E a i 0 z 3 0 0 CITWF CARLSBAD - AGENDQILL I AB# 7y@-*& TITLE DEBT, CARLSBAD TRACT NO. 83-32 CITY i CITY I 'TENTATIVE MAP EXTENSION MTGP7/28/87 DEPT. ENG (CALAVERA HILLS p VILLAGE llQ1l) RECOMMENDED ACTION: Adopt Resolution No, 9/76 approving a one-year extension of time for Tentative Map Carlsbad Tract 83- 32, Calavera Hills, Village IIQ1I, including PUD 62. ITEM EXPLANATION Carlsbad Tract No. 83-32 is a 204-unit subdivision east of College Boulevard and north of Elm Avenue. The applicant is requesting that the tentative map be extended until May 9, 1988. The tentative map was originally approved on September 4, 1984 per Resolution No. 2292. 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. The resolution approving the extension of the map has added 24 new caditions to the project. Many of the new conditions are standard conditions adopted since approval of the tentative map in 1984. Special attention should be directed to Condition Nos. 6 and 8 through 13, Condition No. 6 requires park dedication within thirty (30) days after this action. Previous conditions required dedication prior to final map approval. Condition No. 8 requires conformance with the Growth Management Ordinance. Condition No. 9 requires conformance with new Hillside Development regulations. Condition Nos. 10 through 13 deal with the currently built recreational vehicle site located adjacent to the Calavera Hills Sewage Treatment Plant. Traffic Impact Fee Bridge & Thoroughfare District Phasing Program Growth Initiative Control Point Density Development Zone Density of this Project Rewired N/A 7 Rewired* 3.97 3.2 I* e 0 L April 15, 1987 CPbAPLES Yd. C:IPBST!ENSEN 6 F&SOCCATES r -- 'r J Mr, Lloyd HUbbs City Engineer CITY OF CARLSBAD 2075 Las Palmas Drive Carlsbad, CA 92009-4859 RE: Calavera Hills -I^_--- CIWJL E&GIr.JEEBS Vi I lages IIQ" and !IT11 Tentative Tract Maps CT 83-19/PUD-56 and CT 83-32/PUD-62 Dear Mr. Hubbs: As your office is aware, this firm has been involve( processing of the final tract maps for projects knowi Vi I lages ItQ1? and llTfl of Calavera Hi I Is. The firm 1986 has been engaged by Vernon Savings & Loan Associat Our office has been advised by the City of Carlsbad tentative maps for Villages 11Q" and rITfl may expire on '?44 WEST c STRELEr 7, 1987. Vernon Savings B Loan Association, Mr. Sand sum? mo and this office all remain hopeful that all the requ ments for submission of final maps complying with co tions imposed under City Council Resolutions appro these two tentative maps can and will be completed submitted to the City prior to that expiration d However, in view of the time constraints and complexit the project, the substantial investment incurred to d both Vernon and owner believe that it is prudent to see extension of the expiration date for the tentative descrlbed above. Both Mr. Sanders and Vernon Savin: Loan have authorized this firm to apply to the City such an extension. Please accept this correspondence as an application fo extension of the expiration date of tentative tract map CT 83-19/PUD-56 and tentative map No. CT 83-32/PU previously approved by Resolution of the City Counci the City of Carlsbad, Resolution No.s 7727 and 7728, spectlvely. Grounds for such an extension, as more f initially engaged by Mr. Cedrfc Sanders and since Febr EXHIBIT 1 WTC D.EE0 EALIFOWWIOA 92902 assq 232-aam 0 e r *.-"p s- Mr. Ltoyd Hubbs April 15, 1987 Page 2 set forth below, include (11, delays attributable to City in processing maps for Vi1 lages "Qtl and trT1t resul- from utilization of engineering and planning staff process plans for growth management zones 1 through 6 i priorlty over individual map processing and (21, unfc seen changes fn Vernon Savings & Loan's management res1 Ong from the closure of Vernon Savings 8 Loan by the Fed Home Loan Bank Board on March 20, 1987, and the resul establishment of a new institution to manage Vern af f a i rs. Over the past several years development financing for t Association, Vernon, Texas. On February 24, 1986, purs to certain agreements entered into with the owner and project's original developer, Cedric Sanders, Vernon Sav 8 Loan has assumed developer responsibi I ity for proces of these two projects with the City of Carlsbad. On March 20, 1987, the Federal Home Loan Bank Board ord Vernon Savings & Loan to be closed and Federal Savings Loan Insurance Corporation appointed as its Receiver. furtherance of its public trust, FSLIC organized a federal savings and loan association under the namc Vernon Savings & Loan Association, FSA, in order toma the assets of the former Vernon and to minimize losse the publtc and FSLIC from its insurance fund. The ch in management of Vernon Savings & Loan attendant with closure wi I I require additional time for personnel themselves with project requirements. We betieve it is in the public interest to allow the Vernon a reasonable additional time within which to millarize themselves with these projects and to e orderly completion of the requirements for final mapr Further, although the Christensen staff and members of own staff are presently working overtime at the develo cost to complete plan checking and processing for thes projects, at various times during the processing of final maps the City staff has contributed to and c delays impeding the developer from completing map req ments. One of the plrincipat reasons for such delay: two projects has been provided by Vernon Savings h responsible for this project at Vernon to farnilit EXHIBIT 1 e 0 - ~- r-- f Mr. Lloyd Hubbs - ,.' -._ .e - April 15, 1987 Page 3 /* the priority placed upon processing plans for growth rn agement zones 1 through 6 which prevented staff memt: from belng available for their usual plan checking and processing duties. That special project created a iack available manpower for the City to process the above scribed maps in a normal, orderty fashion and has cause significant detay tn the submission of final maps associated documentation by the developer to the City this project. Enclosed pursuant to Carlsbad Municipat Code 520.12.1 please find executed copies of an Agreement For Waiver Prohibition Against The Imposition Of Conditions Upon Approval Of An Extension Of A Tentative Subdivision Map of an Agreement To Pay Fees For Facilities And lmprovemc As Required By Growth Management System. It is our derstanding that the City of Carlsbad requires such agi ments to be submitted prior to considering or proces: an application for an extension. Counsel for Vernon Sav 8, Loan has advised that such agreements be submitted c under protest. Should either your office or other City departments reqi additional information to process this application or ' ther specification of the grounds for the appl icat any way you feel appropriate. Very truly yours, please so advise. We stand ready to assist your offici for CHARLES W. CHRISTENSEN & ASSOCIATES DAL/tt Enclosures A-71 12 EXHIBIT 1 I LOCATION MAP I SITE U I \R PROJ. LE CALAVERA H/LLS- NO. PROJECT NAME: ~ VILLAGE "Q'c' 83-32 F 1 2 3 4 5 6 7 $ 8i '11 10 11 12 13 l4 15 17 I.6 18 19 e 0 RESOLUTION NO. 9176 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR TENTATIVE MAP CARLSBAD TRACT NO. 83-32, INCLUDING PUD 62, SUBJECT TO CERTAIN CONDITIONS. WHEREAS, Section 66473.5 of the Subdivision Map Act pi that a tentative subdivision map may not be approved unl is consistent with all applicable general and specific pla WHEREAS, the City Council of the City of Carlsbad 4th day of September, 1984, adopted Resolution No. 2292 appi I with conditions, Tentative Map Carlsbad Track No. 83-32; c WHEREAS, Tentative Map Carlsbad Tract No. 83-32 inconsistent with the General Plan of the City of Carlsbad 1 the City Council has found that public facilities are inadt I and WHEREAS, said tentative subdivision map will exp May 7, 1987, and the applicant has requested an extens l time which cannot be approved unless the subdivision can be 1 I ~ into conformity with the General Plan: and i j tl WHEREAS, the addition of certain conditions of ai 221 24 ' 23 I tion of such conditions and agreed to comply with them: ai WHEREAS, the approval of an extension of Tentati 25 26 27 28 denial of the map, will allow the project to go forward a' the unnecessary delay to the City and to the developer ii 1 with denial and the new application which would then be a] ' subject to the same set of conditions: and 1 1 L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 e 0 WHEREAS, both the developer and the City wish to the map subject to the additional conditions; NOW, THEREFORE, BE IT RESOLVED by the City Council city of Carlsbad, California, as follows: A. That the above recitations are true and correct B. That Tentative Map Carlsbad Tract No. 83-32, inc PUD 62 is hereby extended for one year from May 7, 1987 9, 1988, subject to the execution and fulfillment of all conc of Resolution No. 2292 and the following additional condit Planninq Conditions 1. The applicant shall provide school fees to mi conditions of overcrowding as part of building application. These fees shall be based on t schedule in effect at the time of building application. 2. The developer shall display a current Zonii Land Use Map in the sales office at all tim i 15 16 17 28 19 20 21 22 23 25 24 26 27 28 suitable alternative to the satisfaction c Planning Director. 3. All sales maps that are distributed or made ava to the public shall include but not be limi trails, future andexisting schools, parks andst 4. Building identification and/or addresses shi i 1 placed on all new and existing buildings so as plainly visible from the street or access road; 1 of identification and/or addresses shall contr ~ their background color. 1 1 improvements or facilities, or the payment ( I fees in lieu thereof, imposed by this appro’ imposed by law on this project are challenged approval shall be suspended as provided in Gove to be invalid, this approval shall be invalid the City Council determines that the project, w the condition, complies with all requirements c 6. The developer shall offer for dedication, frl clear of liens and encumbrances, Village E-2. shall include the 7.471 acre park site, Phase the Calavera Hills Park, and the 0.445 acrc station site. Grant deeds and documents re 5. If any condition for construction of any Code Section 65913.5. If any condition is dete ~ 1 ~ I I I 2 I I 1 I 2 3 4 5 0 0 for dedication shall be delivered to the City En within thirty (30) days of approval of this exte Failure to fulfill this condition shall makc extension null and void. Prior to issuance of a grading or building F whichever comes first, a soils report shall be pr submitted to the City of Carlsbad. If the report indicates the presence of potential bearing material, then a two phased program sh undertaken to avoid possible significant impa 7. 61 7 t3 91 10 11 12 13 14 15 paleontological resources. A. Phase I shall consist of a qualified F tologist doing a literature and records s surface study, subsurface testing if nece the recordation of any sites, and a recommer regarding the need for further work. If it is determined during Phase I that f work is necessary, it shall consist of th lowing: '/ B. 1 A qualified paleontological monitor be present at the pregrading COnf with the developer, grading contr and the environmental review coordi The purpose of this meeting will consult and coordinate the role c paleontologist in the grading of the A qualified paleontologist is an indi ' I 22 23 24 25 26 grading as determined at the preg authority to temporarily direct, div halt grading to allow recovery of remains. At the discretion of the mo recovery may include washing an pic soil samples for micro-vertebrate bo teeth. The developer shall authori deposit of any resources found ont he p site in an institution staffed by qua paleontologists as may be determii the Planning Director. The cont shall be aware of the random nati I 28 a discovery of remains of such scie and/or educational importance which warrant a long term salvage operat 3 I I 1 2 3' 4 5 6 7 8 9 10 11 12 13 0 0 preservation. Any conflicts regard] role of the paleontologist and/or rf times shall be resolved by the PI Director. 8. The applicant shall comply with all provisi the Carlsbad Municipal Code Section 21.90 Management. No final map or development pen building permits may be approved until the fo: occurs : A. A Local Facilities Management Program is a] by the Carlsbad City Council for Zone 7. B. All existing public facilities defic. identified by this plan within Zone 7 or ii by Zone 7 are mitigated. C. The tentative tract map shall be revi the Growth Control Point of the RLM ( Plan Designation in which it is located. lower the density of this project to 3.: 9. The tentative map as extended shall comply w: following: A. Chapter 21.95 (Hillside Development Reguli 17 18 November 18, 1986. i C. No density credit shall be given for slc excess of 40%, power line easements a ' 2Q 21 22 23 24 25 26 27 28 D. Compliance with A, B and C, above, may 1 redesign of the subdivision. Prior to pro( with the final design, the applicant shall a revised tentative map for review and ai of the Planning Commission to ensure subs1 conformance with the character of the 01 tentative map. Prior to approval of any final maps for this pi a parcel map shall be filed to make Village Recreational Vehicle Storage Area, a separatc parcel. This property shall be conveyed in ft and clear of monetary encumbrances to the Ci HillsRecreationalVehicle Park, a Californianol mutual benefit corporation, prior to the recoi of any final maps for this project. 1 j 10. I /I/ 4 I l 1 2 3 4 5 6 7 ~ 8 e 11. The Homeowners Association of this subdivisior activelyparticipate intheCalaveraHillsRecrea Vehicle Park, nonprofit mutual benefit corpora 12. Prior to the recordation of any final maps fc project, the owner of the property shall ente a reimbursement agreement with Pacific Scene f cost of the construction of the recreational \ storage area based on the number of existi future units in the Calavera Hills Master Plar 13 Prior to recordation of any final maps for thi! agreement between the City of Carlsbad and I erty, the owner of the property shall agree to with the requirements of construction reimbui 91 10 11 12 13 Scene approved on October 15, 1985. I Ensineerins Conditions j i 14. No grading permits shall be issued for this subd: prior to recordation of the final map. 15. All slopes within this project shall be no h than 2:l. The drainage system shall be designed to ensui runoff resulting from a 10-year frequency st01 16. 17 tions shall be analyzed to determine the del basin capacities necessary to accomplish the c I result. 19 20 21 22 23 24 25 26 27 28 I/ I shall be approved by the City Engineer pr means of eliminating grease and oils from di I prior to discharge. Plans for such impro7 I I issuance of grading or building permit. This project is located within the Buena Vista management plan. All development design shall with the requirements of that plan. Unless a standard variance has been issued, no vi from City Standards is authorized by virtue of ai 18. 19. I of this tentative map. 20. The developer shall construct private street ac to public streets in such a way as to clearly de! that the private streets are not a portion public street system. The developer shall I: plaque-type sign with the legend PRIVATE STREET i I I i I I I THIS POINT, at the access point to private I I 5 j 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e from public streets. The script on the sign above shall be capital letters of a size and COI such as to be readable for a normally sighted 1 at a distance of 20 feet. The provisions oi condition shall be met to the satisfaction c City Engineer prior to issuance of a Certific: Occupancy for any portion of this project. 21. The developer shall provide an acceptable meal rnakahdng the easements within the subdivisi all the streets, sidewalks, street lights, drain facilities and sewer facilities located t and to distribute the costs of such maintenai an equitable manner among the owners of the within the subdivision. 22. All concrete terrace drains shall be maintained homeowner'sassociation (ifnocommonlyownedpro or the individual property owner (if on an indivi owned lot). An appropriately worded statement c identifying the responsibility shall be placed CC&R' s. 23. The subdivider shall provide separate sewer, gas and electric services with meters to each units. 24. The developer shall be responsible for coordi withSDG&E, PacificTelephone andCableTVauthor C. That the following conditions shall be dele1 altered as follows: 1. Condition No. 4 of Resolution No. 2292 sh deleted. The following condition shall be substituted: 4. This project is also approved undt express condition that the applicai the public facilities fee adopted 1 City Council on April 22, 1986 a1 development fees established by thc Council pursuant to Chapter 21.90 I Carlsbad Municipal Code or other ord adopted to implement a growth mana system or facilities and improvemen and to fulfill the subdivider's agr to pay the public facilities fee July 7th, 1987 and the agreement 1 the Growth Management Fee dated Jul 1987, copies of which are on file wi City Clerk and are incorporated b! reference. If the fees are not paid application will not be consistent w 6 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 * 0 the General Plan and approval for project shall be void. 2. Condition No. 25 of Resolution No. 2292 shi deleted. The following condition shall be substituted: 25. A separate grading plan shall be subj and approved and a separate grading 1 issued for the borrow or disposal s. located within the city limits. Prior to hauling dirt or constr materials to any proposed constr site within this project, the devi shall submit to and receive approva: the City Engineer for the proposed route. The developer shall compli all conditions and requirements thc Engineer may impose with regards t hauling operation. 3. Condition No. 30 of Resolution No. 2292 shq deleted. The following condition shall be substituted: 30. The developer shall construct desilt( detention basins prior to approval ( final map for this project or shall con: drainage systems in conformance wit Master Drainage Plan and City of Ca: Standards as required by the City Eng D. That the Agreement for Waiver of Prohibition ac I the imposition of conditions upon the approval of an extens a tentative subdivision map between Vernon Savings and Association, FSA, and the City of Carlsbad, dated April 9, on file in the Office of the City Clerk, is approved, and the is authorized to execute such agreement on behalf of the C /// /// /// /// 7 1 2 3 4 5 6 7 8 8 I Ql 10 11 12 13 34 15 17 l6 18 I/ 0 e E. That this extension is approved in reliance upa agreement. Any legal challenge to or failure to perfor agreement or the conditions of this resolution shall this approval void and the map shall not be final. PASSED, APPROVED AND ADOPTED at a regular meeting Carlsbad City Council held on the 28th day of July 1987, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and L / NOES! None I ABSENT: None / / / ,/ /; 1, ;d&;/#; // Lc /[,<<A ChUDE A. LEWIS, Mayor ATTEST: ' ' ah& &.R% ALETHA L. RAUTENKRANZ, City\Clerk (SEAL) I I 23 22 23 24 25 26 27 28 I 1 I I I 8 - -I rl) B b TEL (6 19, 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the C/ty Clerk Citp of VCarIsbab October 8, 1987 Calavera Hills Company 110 West C Street, Suite 1220 San Diego, CA 92101 Enclosed for your records, please find a copy of the following Resolutions 9176 and 9177 , adopted by the Carlsbad City Council on July 28, 1987 &f- City EE RAUTENKRANZ Clerk LR: lw Enclosures (2 )