HomeMy WebLinkAbout1987-09-01; City Council; 7871-3; TENTATIVE MAP EXTENSION CARLSBAD TRACT NO. 83-30 (KELLY RANCH)1 TENTATIVE MAP EXTENSION AB# 7~ - 3 TITLE:
MTG. 9/1/87 CARLSBAD TRACT NO. 83-30
DEPT. ENG (KELLY RANCH)
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CI c OF CARLSBAD - AGEN ILL
RECOMMENDED ACTION!
Adopt Resolution No. 92 d 2 approving a one year extension of time for Tentative Map Carlsbad Tract No. 83-30 (Kelly Ranch).
ITEM EXPIANATION
Carlsbad Tract 83-30 is a 20 lot subdivision located between
the easterly edge of Agua Hedionda Lagoon and El Camino Real.
The Applicant is requesting that the tentative map be extended for one year until May 21, 1988.
The tentative map was originally approved on September 18, 1984 per Resolution No. 7750. Due to the imposition of the Growth Management Ordinance the map was tolled resulting in an
expiration date of May 21, 1987.
The Applicant has 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.
Staff Recommends revisions to conditions No. 4 and 11 and the inclusion of additional conditions as shown on the resolutior
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 conditior or fees are challenged.
FISCAL IMPACT
This subdivision is a master tentative map and includes nc
provisions for construction of units at this time. Futurc development of the individual lots necessitates processing 0: tentative maps and/or specific development plans by the cit! prior to issuances of building permits
Traffic Impact Fee
Bridge & Thorouyhfare District
Development Zone
Phasing Program - Local Facilities Plan Density of this Project Growth Initiative Control Point Density
Rewired N/A
8 Rewired
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:I3601 Los Angeleh. wlime California Boulevard 90025-1748 a e/ (21 3) 312-5000
Kaufman 4 Broad
April 9, 1987
City of Carlsbad
Carlsbad, CA 92008
Attn: Lloyd B. Hubbs, City Engineer
2075 Las Palmas Drive
Re: Tentative Tract Map 83-30
Dear Mr. Hubbs:
We hereby respectfully request a one year extension on oi
Tentative Map 83-30 (Kelly Ranch).
This extension request is submitted without prejudice to ar
rights we may have for an extension of time or "tolling" pursuar
to Section 66452.6(f) of the Government Code (Subdivision Me
Act 1.
In accordance with the City requirements, enclosed herewit
are the following:
1. Fee in the amount of $500.00
(Half of the fee required for the initial tentative map.)
2. Public Facilities Fee Agreement recorded October 21, 1983.
3. Waiver of Prohibition of Conditions.
4. Title Report
We would appreciate your consideration and early attention i
this matter.
Very truly yours,
&t ki? ..&
Senior Vice President
RMG/me 1
encls. cc: Frank Aleshire, City Manager Vince Biondo, City Attorney Marty Orenyak Hal Rubinroit Allan 0. Kelly
Bruce Karatz
Clyde Lane
Kevin Kirk
Bill Cardon
,
L LOCATION MAP
(FUTURE) CANNON ROAD SUBJECT PROPERTY
SITE
\w
PROJECT NAME: ;F;oIEx .KELLY RANCH
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RESOLUTION NO. 9222
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR TENTATIVE MAP CARLSBAD TRACT 83-30 SUBJECT TO CERTAIN CONDITIONS.
WHEREAS, Section 66473.5 of the Subdivision Map Act prc
that a tentative subdivision map may not be approved unless
consistent will all applicable general and specific plans; i
WHEREAS, the City Council of the City of Carlsbad (
18th day of September, 1984, adopted Resolution No.
approving with conditions, Tentative Map Ct 83-30; and
WHEREAS, Tentative Map Ct 83-30 is now inconsisten1
the General Plan of the City of Carlsbad because the City C
has found that public facilities are inadequate; and
WHEREAS, said Tentative Subdivision Map will expire
21st, 1987, and the Applicant has requested an extension o
which cannot be approved unless the subdivision can be b
into conformity with the General Plan: and
WHEREAS, the addition of certain conditions of appro
the subdivision will allow it be found to be in conformit.
the General Plan and the Developer has consented t
imposition of such conditions and agreed to comply with the
I
WHEREAS, the approval of an extension of Tentative
83-30 subject to such conditions, in lieu of denial of th
will allow the project to go forward avoiding the unnec
delay to the City and to the Developer involved with deni
the new application which would then be approve subject
same set of conditions: and
If
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WHEREAS, both the Developer and the City wish to em
the map subject to the additional conditions:
NOW, THEREFORE, BE IT RESOLVED by the City Council of
City of Carlsbad, California, as follows:
A. That the above recitations are true and correct.
B. That Tentative Map CT 83-30 is hereby extended
one year from May 21st, 1987, to May 21st,1988 subject tc
execution and fulfillment of all conditions of Resolution
7750 and the following additional conditions:
Condition No.4 of Resolution No. 7750 should be revisc
read as follows:
This project is'also approved under the express cond that the applicant pay the Public Facilities Fee adc by the City Council on August 28, 1987 and any develo] fees established by the City Council pursuant to Ch,
adopted to implement a Growth Management Systei Facilities and Improvement Plan to fulfill subdivider's agreement to pay the Public Facilities dated August 18 , 1987, and the agreement to pay the G Management Fee dated August 18 1987, copies of which a file with the City Clerk and are incorporated by reference. If the Fees are not paid, this applic will not be consistent with the General Plan, and app for this project shall be void.
Condition No.11 of Resolution NO. 7750 should be revi
21.90 of the Carlsbad Municipal Code or other ordii
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to read as follows:
The grading shown on the tentative map is conceptual No grading permits will be issued for work within lo through 19 (inclusive) unless a phased grading plan this work has been submitted to the City Of Carlsbad
approved by the City Engineer and Planning Director, addition no development approvals for Lots 6A throug
(inclusive) shall be given by the City of Carlsbad u such time as said phased grading plan is approved by City Engineer and Planning Director. A note to
effect shall be placed on the final map.
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1. Prior to the issuance of a grading or buj
permit, whichever come first, a soils report she prepared and submitted to the City of Carlsbad.
If the sails report indicates the present
potential fossil bearing material, then a two 1
program shall be undertaken to avoid PO: significant impacts on paleontological resource:
A. Phase 1 shall consist of a qual
paleontologist doing a literature and r search, surface study, subsurface testi necessary, the recordation of any sites, recommendation regarding the need for f work.
B. If it is determined during Phase 1 that f work is necessary, it shall consist c f ol lowing :
1. A qualified paleontological monitor be present at a pregrading conferenci
the developer, grading contractor, a environmental review coordinator. purpose of this meeting will be to c and coordinate the role of paleontologist in the grading of the A qualified paleontologist is an indi with adequate knowledge and experienc fossilized remains likely to be pres
identify them in the field ai adequately experienced to remov resources for further study.
2. A paleontologist or designate she present during each phase of grad determined at the pregrading conft The monitor shall have the author
temporarily direct, divert, or halt c to allow recovery of fossil remaink
the discretion of the monitor, recovc include washing and picking of soil I for micro-vertebrate bone and teeth developer shall authorize the depo any resources found on the project I an institution staffed by qua paleontologists as may be determined Planning Director. The contractor sf aware of the random nature of occurrences and possibility of a di! of remains of such scientific educational importance which might I a long-term salvage operati preservation. Any conflicts regard: role of the paleontologist and/or rl times shall be resolved by the P Director.
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2. The applicant shall comply with all provisions ( Carlsbad Municipal Code, Section 21.90, ( Management. No development permits or bu
permits may be approved until the following occ
A. A Local Facilities Management Progr< approved by the Carlsbad City Council for Zone 8.
B. All existing public facilities' defici identified by this plan within Zone impacted by Zone 8 are mitigated.
3. The tentative map as extended shall comply wi
Use Element Review committee as adopted by th Council including:
Chapter 21.95 (Hillside Development Regulatio the Carlsbad Municipal Code.
improvements or facilities, or the payment t fees in lieu thereof, imposed by this appro' imposed by law on this project are challenged approval shall be suspended as provided in Govc Code Section 65913.5. If any such condit:
determined to be invalid, this approval shi invalid unless the City Council determines th project, without the condition, complies wi. requirements of law.
recommendations of the Citizens' General Plai
4. If a condition for construction of any
C. That the Agreement for Waiver of Prohibition i
the imposition of conditions upon the approval of an exten:
a tentative subdivision map between Kel-Cal
and the City of Carlsbad, dated September 8 , 1987 , on j
the Office of the City Clerk, is approved, and the Ma
authorized to execute such agreement on behalf of the City
That this extension is approved in reliance upc
agreement. Any legal challenge to failure to perfor
agreement or the conditions of the resolution shall rendc
approval void and the map shall not be final.
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D.
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PASSED, APPROVED AND ADOPTED at a regular meeting
Carlsbad City Council held on the 1st day of September , '
the following vote, to wit:
AYES: Council Members Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: Council Member Lewis
v CLAUDE A. ~E~IS M ANN J. KULCHIN, Mayor ATTEST:
- aP4 Po, &
ALETHA L. RAUTHENKRANZ, City blerk
(SEAL] i
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