HomeMy WebLinkAbout1987-11-10; City Council; 9214; CITIZEN REQUEST - SPYGLASS POINTE BUILDING PERMITSU
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q' C1-m OF CARLSBAD - AGENI, BILL /,
AB# 9-2'1f TITLE: CITIZEN REQUEST - DEPl
MTG. 11 /10/87 SPYGLASS POINTE BUILDING PERMITS CITY
DEPT. CM CITY
RECOMMENDED ACTION:
Consider the item as requested by Mr. James H. Scott, Investr Real Estate.
ITEM EXPLANATION:
On October 29, 1987, the City Manager received a written reqi from Mr. James H. Scott of Investment Real Estate asking that issue of building permits for Spyglass Pointe, CT 84-10, placed on the Council agenda for consideration.
Spyglass Pointe is a residential development located
Management Zone 6, consisting of 80 units. Mr. Scott, requesting that the City issue the building permits for Spygl
Pointe.
EXHIBIT:
1. Letter to the City Manager from Mr. James H. Scott, dz
2.
October 28, 1987.
Memo to City Manager from Community Development Director dated November 3, 1987.
EX I - 0 0
JAMES H. SCOTT, INC.
INVESTMENT REAL ESTATE
1241 ELM AVENUE, SUITE 21C)
GARLSBAU , CA 92008
( 6 19 1 434-67CK)
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NOVEMBER 3, 1987
TO : RAY PATCHETT, CITY MANAGER
FROM: Community Devdopment Director
/ID
BUILDING PERMITS FOR CT 84-10 - SPYGLASS POINT
The City's Growth Management Ordinance, Proposition E, passed by the voter's on November 4, 1986 does not allow us to issue permits for this project.
We will not be able to issue permits for this project until a Local Facilities
Management Plan is approved by the City Council for Zone 6 and all mitigation identified in the Plan is accomplished.
On November 10th the City Council will be taking action regarding Zone
6. It is possible that this action will identify a mitigation plan to solve
existing deficiencies in that Zone. The developers in Zone 6 could then
conform to the Plan and begin processing towards building permit issuance.
The Growth Management Ordinance which was adopted by City Council on July 1, 1986 provided an option to Mr. Scott and other developers like him that allowed him to process, at his own risk, a final map. The Ordinan
also clearly indicated that the process could not continue following a final
map until a Local Facilities Management Plan is approved and complied with.
Mr. Scott's letter indicated that he posted all required bonds and deposits
in November of 1986 and recorded the final map in December. He did this
at his own risk, knowing that while the Growth Management Ordinance, approved in July of 1986, allowed the processing of final maps, it did not
with the Local Facilities Management Plan for Zone 6 and approved by City Council.
allow any building permits to be issued until completion and compliance
MARTY ORENYAK
MO : bjn
*. .
LAW OFFICES OF
DAUBNEY AND BANCHE
PROFESSIONAL CORPORATIONS
810 MISSION AVENUE. SUITE 201
POST OFFICE eox 390
OCEANSIDE. CALIFORNIA 92054
WILLIAM H. DAUBNEY
NICHOLAS C. BANCHE AREA CODE 619
TELEPHONE 722-1881
November 10, 1987
Office of the Mayor and City Council
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
RE: CT 84-10 (Spyglass Pointe) James H. Scott
Dear Mayor and Council :
The undersigned represents the above referenced person,
developer of the project above noted, and on his behalf submits
this letter, together with exhibits, and respectfully requests
that it be made a part of the administrative record.
SEQUENCE OF EVENTS
November, 1984 The tentative map for CT 84-10 was approved .
December, 1985 Building plans for CT 84-10 were approved by the Carlsbad Building Department.
January 14 and January 20, 1986 Final map submitted. Final map rejected at the counter in anticipation of "pending Council action." (Exhibit A)
January 21, 1986 Carlsbad City Council imposed a moratorium on building permits. Projects with final maps were exempted together with those projects presenting the City with financial exposure as a result of City sponsored financing. The stated reason for the moratorium was to give the Planning Department a breather. (Please note that CT 84-10 was completely through the planning process and at each occasion in the planning process, where appropriate, had received unanimous approval.)
- *. \
Office of the MayoL and City Council
November 10, 1987
Page 2
4
July, 1986 A request for exemption was made based on extreme financial hardship. While it was
acknowledged that CT 84-10 presented a
graphic example of financial hardship, the
exemption was denied. The Building
Director sent a letter stating that the citywide plan would be adopted on or about
September 20th and observed that building
permits might then be issued after the
preparation of a local facilities
management plan. (Exhibit B)
November, 1986 The Engineering Department of the City of Carlsbad issued a bond and fee letter and bonds in the amount of $562,000.00 were posted. In addition, the grading cash deposit was paid and a grading permit
issued.
December, 1986 The Carlsbad City Council voted unanimously to permit recordation of the final
subdivision map. The map was recorded on
December 26, 1986. At that time Mr. Scott
was led to believe that building permits
would be issued upon the adoption of the Zone 6 plan which action was anticipated in
February or March of 1987.
DISCUSSION
It is respectfully submitted that the above referenced
project provides a quality housing opportunity to members of the
community, is served by public facilities and improvements, all to
City standards which are presently available, constitutes an
infill development in an urbanized area without requiring the
extension of public facilities and improvements to areas which are
as yet undeveloped, presents a project that is consistent in every
respect with the Carlsbad General Plan, and is capable of being
phased in a manner so as not to violate any requirement of the
Carlsbad General Plan.
Hopefully the Council will recall that at the time this project was allowed to process, and ultimately receive its approvals, it was found, as a result of a City sponsored traffic study, that this project did not adversely contribute in any material sense to the existing traffic situation.
Office of the Mayor and City Council
November 10, 1987 Page 3
Please also recall that this project is in a heavily developed area, and is surrounded by exactly the type of development that is proposed. You might also recall finding that
this project exactly as approved, would ultimately be built. This
was because the land upon which the project is proposed will never
be industrial, will never be commercial, will never be open space,
will never be single family detached, and will always have a designation which will accommodate multi-family development for
the simple reason that that is the type of development which
surrounds it.
Hopefully you will also recall that at the time this project
was processed and approved, the feeling was that a traffic impact
fee would be developed and assessed and that this project would be
allowed to pay that fee and proceed.
That obviously has not come to pass, although the applicant
has certainly been encouraged, at every point, to become more
financially involved in the project, to such an extent that he is
now in very real danger of losing it.
He is currently in default on the note representing a portion
of the acquisition price of the property, and he will shortly be
obligated to pay another premium payment on the bonded indebtedness in the amount of $562,000.00.
Incidentally, he was required to place a second mortgage on his home in order to pay the first bond premium.
I have specific recollections of discussions involving the Council which noted that it was not the intent of the City to "bankrupt small developers". If that truly was the intent, then now is the time to act in order to assist Mr. Scott.
REQUEST
It is respectfully requested that in recognition of the fact that Mr. Scott's application presents a unique situation in that his is the only final map existing in Zone 6, the City adopt a phasing schedule allowing him no less than 8 building permits forthwith, and collect the fee per unit suggested by the City, for purposes of application of same to the overall required amount which will be generated when the larger developers complete their processing and proceed to develop.
This request is certainly not unprecedented, as exemptions
have been fashioned in behalf of Sammis Properties in anticipation
Office of the Mayor and City Council
November 10, 1987
Page 4
of a university, which incidentally was ultimately not
forthcoming, but with the developer currently being allowed to
construct residential dwellings as a part of its first phase.
Further, the Park La Costa Development was also granted an
exemption for its final 176 units partly because the City had certain underwriting obligations with regard to the bonded
indebtedness for public facilities.
Please note that neither of these projects constituted infill
projects and as a matter of fact pioneered areas which have yet to
be urbanized.
For all the reasons stated, but perhaps more importantly, for
the reason that local government is supposed to recognize and be
responsive to the needs of its citizens, I most respectfully ask this relief on behalf of Mr. Scott.
Respectfully submitted,
-\
NCB: jp encl .
LETTER _. OF TRIWSMI TT.4L
DATE :
FIZOM:' -
TO :
JANUARY 20, 1986
CONWAY 8 ASSOC. , INC. 224 BIRMINGHAM DRIVE CARDIFF, CALIFORNIA 92007
(619) 753-1453
CITY OF CAXLSaAD
ENG I NEEXI 1J.f DEPSETYXNT
1200 ELM AVENUE
CARLSSAD, CA 92008
--- HAND CARXIED ---
FZC! JECT : STYGLASS ?OINT3: CT-84-10
SUSDIVISION MAP
TRAXSXITTEDS 3 BLUELINE SETS OF RSVISZD SG3DIVISIOX ?.C?.
% */1 COPY OF UPDATSD FRELIMINARY TITLEh*f-
% /2 COPIES OF SUBDIVISION GU.GANTEE FO3 PRCJ'ZCT.
REMARKS : PLEASE CALL WIT3 AYY COEENTS AND/OR w QUESTIONS,
BY: MICHAEL PASKO ~ CONWAY & ASSOC., INC. . -' (619) 753-1453
BY:
vu. .
.
1200 ELM AVENUE
CARLSBAO. C& 92008-1989
Qitp of QLarIsbab
Bull DING OEPA RTMEN T
TELEPHONE
(619) 438-5525
July 22, 1986
James H. Scott
1241 Elm Avenue Suite 210 .. Carlsbad, CA 92008
CARLSBAD TRACT 84-10 (SPYGLASS POINT)
In response to your July 9, 1986 letter concerning the above referenced project, I conducted a thorough review of the processing status of that project. the assertions you made in your July 9 letter, even if the City had accepted your submittal on January 20, the present status of your project would remain unchanged,
(e.g., you would have an approved tentative map but no final map would be permitted until after the preparation of a citywide facilities plan, pursuant to Chapter 21.90 of the Carlsbad Municipal Code). As of January 1, 1986, the approval of a final map for your project has been prohibited either by operation of Ordinance No. 9791 or by
operation of Chapter 21.90 of the Carlsbad Municipal Code. Copies of those laws are attached for your reference. Under the provisions of Section 21.90.030(d) (1 1, the final map for your project may be processed and approved after the preparation of
the citywide facilities plan. I> is anticipated that'theLcitywide plan-will be adoptee+
on or about September 20, 1986:'- Building permits for your project may then3-e-sued
after the-preparation of a focal facilities management plan prepared pursuant to Sections 21.90.100 through 21.90.125 of the Carlsbad Municipal Code.
In reponse to certain allegations made in your July 9, 1986 letter, I have attached a copy of a memorandum to me from the City's Development Processing Services Manager. His memorandum and the supporting documents indicate that yours is not a unique position and that your final map was not ready for approval on January 20, 1986.
If all the work is completed for your final map and is submitted to the City's Engineering Department, then once the citywide facilities plan is adopted the final map for your project may be approved.
Contrary to
I'm sorry that I could not provide you with a more encouraging response to your July 9, 1986 letter. If you have any further questions, please don't hesitate to let me know.
Community Development Director
MO : hm j
Attachments
C: Mayor and City Council City Manager City Attorney
c) c-, EXHIBIT ___L s
1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008
Office of the City Clerk
TELEPHONE:
(71 4) 438-5535
ditp of darlsbab
December 30, 1986
Altiva Place Ltd., #1
1241 Elm Avenue, Suite 210
Carlsbad, CA 92008
*
Re : pyglass Pointe - Quitclaim of Easement
The Carlsbad City Council, at its meeting of December 22, 1986,
adopted Resolution No. 8919, quitclaiming a drainage easement
over a portion of CT 84-10.
Enclosed is the original Quitclaim Deed so that you may have it
recorded. Also enclosed for your records is a copy of Resolution
No. 8919.
d%x*-
' Deputy City Clerk
Encs.
CORPORATE ACKNOWLEDGMENT No. 202
State of 1 i f ornia On this the 2 9 day of December 19&, before me,
County of Sari Diego Randee Eisner
1 ss.
the undersigned Notary Public, PersonallY appeared
Claude A. Lewis and Karen R. Kundtz
[s personally known to me
0 proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument asMayor and
named nd acknowledg me that the corporation executed it.
WITAS my hand an&? $1 seal.
r Deputy City Clerk or on behalf of the corporation therein
I
otary's Signature -
2 NATIONAL NOTARY ASSOCIATION 23012 Ventura Bivd PO Box 4625 Woodland Hills. CA 913
1 l'llC VlLlCl A,".
MAIL TAX STATEMENTS AS DIRECTED ABOVE
RECORDING REQUESTED BV-
AND WHEN RECORDED MAIL TO
r 1
Name
Street Address
City h
State L - SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO
Name
Street Address
City & State
I TO 402 CA ( 6-67 1 Quitclaim Deed
THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY
AFFIX $& 1. R. STAMPS AROVL
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, C.T. 84-10
The city of Carlsbad a municipal corporation
hereby REMISE ( S) , RELEASE 1 S
Altiva Place Ltd. #1, a California limited partnership the drainag easement over, under and across
AND FOREVER QUITCLAIM is) to
the following described real property in the city of Carlsbad county of Sari Diego
state of California:
Being that drainage easement over a portion of lot 2 of map 7784 recorded on October 31, 1973 per document no. 73-305536.
See attached exhibit "A" for complete legal description incorporated herein and made a part hereof.
Also exhibit rrB't incorporated herein and used for reference sake.
THE /Municipal Corpor tion
G
December 23, 1986 Dated
UNTY OF
\
. known to me
executed the same.
/ Kame (Typed or Printed)
If executed by a Corporation the of Acknowledgment must be used.
Title Order No. --Escrow or Loan No.-
MAIL TAX STATEMENTS AS DIRECTED ABOVE
EXHIBIT "A"
FARCEL A
BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 2: THENCE
OF SAID LOT 2 TO A POINT ON TEE AR.C OF A 430.UO E'OtjT RADIUS
CCrRVE CONCAVE WESTERLY: THENCE :XHJTHEEZLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE 6F 5 07' 21" A DISTANCE OF 38.44 FEET; THENCE SOUTH 75 46' 00'' EAST 37.39 FEET: THENCE SOUTH
71 20' 00" EAST 128.72 FEET: THENCE SOUTH 64 56' 32" EAST
278.8.3 FEET ALONG A LINE PARALLEL TO THE NORTHERLY LINE OF SAID LOT 2 TO A POINT ON THE SOUTHEASTERLY BOUNDARY OF SAID
TRUE POINT OF BEGINNING.
NORTH 64 56' 32" WEST 466.23 FEET ALONG THE NOkTHERLY LINE
LOT 2; THENCE NORTH 59 38' 29" EAST 18.22 FEET BACK TO THE
PARCEL B
BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT 2: THENCE NORTH 64 56' 32" WEST 471.96 FEET ALONG THE NORTHERLY LINE OF SAID LOT 2; THENCE SOUTH 70 32' (SO" WEST 93.81 FEET TO
THE TRUE POINT OF BEGINNING; THENCE SOUTH 70 32' 00" WEST
SOUTH 19 28' 00" EAST 14.66 FEET: THENCE NORTH 70 32' 00"
EAST 79.83 FEET; THENCE SOUTH 86 26' 47" WEST 54.71 FEET
RACK TO THE TRUE POINT OF BEGINNING.
26.55 FEET; THENCE SOUTH 43 38' 40" WEST 0.76 FEET; THENCE
850 16E3. DW
7
L- EXHIBIT I' B" -
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