HomeMy WebLinkAbout1990-11-06; City Council; 10901; TENTATIVE MAP EXTENSION CARLSBAD TRACT NO. 84-43 CONDOMINIUM PERMIT NO. 302 CASA LOMA CONDOMINIUMt
Q w
CT !i
i5
.. 2 0 5 a s z 3 0 0
CI’yOF CARLSBAD - AGENWILL 6 ’
DE TENTATIVE MAP EXTENSION
CARLSBAD TRACT NO. 84-43 AB# /$ %’/ TITLE
DEPT.ENG. CASA LOMA CONDOMINIUM
MTG.A CONDOMINIUM PERMIT NO. 302 cn
cn
RECOMMENDED ACTION: fd-+L8P
Adopt Resolution No. approving a nine-month extension of time for the
Map of Carlsbad Tract 84-43 and Condominium Permit No. 302 (Ca
Condominiums).
ITEM EXPLANATION:
At their meeting of June 19, 1990 Council referred the issue of this tentative map
back to staff for a determination of project compliance with the Growth Ma
Program.
The proposed Casa Loma project as approved is an 18 unit development loca
north side of Luciernaga Street just south of Cebu Place. The project con?
dwelling structures on a pregraded pad. The project was approved by the City 1
August 26, 1986 per Council Resolution No. 8778.
Under the requirements of the State Map Act the Tentative Map was tolled unt
of the Zone 6 Local Facilities Management Plan. The tentative map expired
1990. The applicant submitted a tentative map extension request for a one ye:
conformance with the requirements of City Code. The applicant has been wori
final map and grading plans for the project since September of 1989. The prc
have undergone several planchecks and are nearing completion.
At the time of project approval the Growth Management Program was in its earl)
stage. The Hillside Development and revised Planned Development ordinancc
been adopted. Council approved the project with the knowledge that the projec
the newly developed growth control point. The control point was not applied bl
project density of 12 dwelling units (DU) only slightly exceeded the control den
DU/acre. The project had originally been heard before the control points were e
All subsequent Growth Management evaluations including the dwelling unit li
Proposition E have incorporated this project at the approved density with 18 u
City Council did impose a condition requiring the final map to comply with
Management Plan, City Wide Facilities Plan and Local Facilities Managemenl
proposed conditions of extension will bring this project within compliance wit
and programs.
The adoption of the Hillside Development and Planned Development Ordin:
created areas of potential non-compliance with current design standards.
Hillside DeveloDment ComDliance
The approved project resides on two lots of a previously approved and graded <
The two lots combined comprise 1.48 acres of land, The rear portion of the I
a 1.5:l manufactured fill slope which occupies 0.38 acres. Under provisions of
Ordinance exclusion of the fill slope in density calculation would result in a ne
16 DU/acres. This would cause the density to not only exceed the growth cor
but the general plan density of 8-15 DU/acre.
manufactured slope.
However, the slope is
I
1) 0 PAGE TWO OF AB# 8; f?//
The primary purpose of the Hillside Development regulation was to preservc
resource areas and to preserve "the natural appearance of hillsides." Under
21.95.090 Exclusions the Council has the authority to exclude "areas previously c
by the authorized grading." Exclusion of the previously graded slope returns thl
density to 12 DU per acre which is one-half unit over the control point. It is staff's
that the project substantially complies with the Hillside Development Regulati granting of the exclusion is appropriate in this circumstance.
Planned Development Ordinance Compliance
The approved project is not in compliance with several Planned Development o
requirements which were established subsequent to the original project approval,
require a major redesign to bring the project into strict compliance with all
Development standards. The developer has consented to make several minor ck
bring the project into greater compliance with existing standards. A listing of thc
non-compliance is as follows:
1. The minimum required street width is 30 feet. The project proposc
width. Widening the street would result in building setbacks
required standards. Engineering staff believes the 26 foot width is
for the project.
TWO units do not have the required two car covered car space. 1 possible to make necessary minor adjustments to cover four of thl
uncovered vehicle parking spaces.
No recreation vehicle storage space is provided. There is no
space on the site to provide for this requirement.
The building must be at least 5 feet from an open parking arc
reorientation of the rear two units could eliminate the one instar
this deviation occurs.
The cribwall in the front yard setback exceeds 42 inches in he
really a planned development ordinance requirement this issue arc
final project design. In an effort to reduce the height of the sten
the front units a higher crib wall was proposed.
Following a lengthy plan check process, this project was very near to complel
time of expiration of the tentative map approval. It has been past practice tc
extend projects of this nature. Staff chose to process an extension rather than
force completion of the final map. For these reasons staff recommends that thc
be granted a nine-month extension to final the project. No further extensions
granted. Should the applicant fail to process the project within the stipulated tirr
be staff's recommendation that further extensions be denied and the project be rc
in compliance with all current policies.
Staff recommends adoption of the resolution approving extension of Tentativc
89-43 subject to the following conditions:
1.
2.
3.
4.
5.
Condition 4 be modified so that date of the public facilities fee adoption b
to July 28, 1987.
Facilities Zone
Local Facilities Management Plan
Growth Control Point
Net Density/Excluding Hillside Slope Area
Special Facility Fees
6
Complete
11.5 DU/acre
16 DU/acre
Yes/Required
aREsiDENT;*L Low MEDIUM ( 0-4 ) B MUL~ FAMILY
~REWDEW~AL MEDIUM (4-8 ) a OPEN SPACE
HRESIDENTIAL MEDIUM HIGH( 8- 1B)~COMMlFCClAL EN EIGH BO R HO o D COMMER c1 A L Ex
i
. e' 0
March 6, 1990
Job No. 0728
City of Carlsbad
Engineering Department
2075 Las Palmas Drive
Carlsbad, California 92009-4859
Attn: Lloyd B. Hubbs, City Engineer
Re: Carlsbad Tract 84-43
P.E. 2.89.66 Casa Loma Condominiums
Gentlemen:
This is a request for a time extension for the above
referenced tentative map which will expire on April 4, 1990
The extension is requested because the grading plans for th
project are still in the review process at this time. Also a substantial conformance exhibit for the proposed grading needs to be approved.
Very truly yours,
-- &d#Kasai , Owner
/7 c- *--' -
,/A/ .-'a t
7
li
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
I.7
18
19
20
21
22
23
24
25
26
27
28
0 0
RESOLUTION NO. go-40o
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSE
CALIFORNIA, APPROVING AN EXTENSION OF THE TIME FOR TENTATIVE 1 NO, 89-43 SUBJECT TO CERTAIN CONDITIONS.
WHEREAS, the City Council of the City of Carlsbad on the 26th day of AI
adopted Resolution No. 8778 approving, with conditions, Tentative Map CT 84-43/C
WHEREAS, said Tentative Map No. CJ 84-43 will have expired as of April 5
WHEREAS, the applicant has requested an extension of time to bring the prc
map into substantial compliance with the Tentative Map; and
WHEREAS, the applicant has agreed to comply with all conditions deeme
to the request for extension of time; and
WHEREAS, the approval of an extension of Tentative Map 84-43 subj
conditions, in lieu of denial of the map, will allow the project to go forward i
unnecessary delay to the City and to the applicant involved with denial and the nev
which would then be approved subject to the same set of conditions; and
WHEREAS, both the applicant and the City wish to extend the map SL
following additional conditions:
1. That the applicant is required to enter into an agreement to pay any d
established under the forthcoming Master Drainage Plan Update, and
2. That the applicant shall submit for approval a detailed landscape ex1
the screening of the stem walls facing Luciernaga Street and shall have said exhi
prior to the approval of any building permits for the project; and
3. The applicant shall show all drainage swales and structures cI
landscape plan and show landscaping that will not interfere with drainage, prior ti
the final map; and
4. The applicant shall show all walls and footings on the landscape F
show plan and cross-sections where large or shallow footings necessitate speck
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
I*
19
20
21
22
23
24
25
26
27
28
0 e
prior to the approval of the final map; and
5, Prior to approval of the final map, the applicant shall modify the prc
plans to the satisfaction of the City Engineer and Planning Directc
comply with current Planned Development Ordinance requirement:
covered parking spaces and for building setback to parking areas."
WHEREAS both the applicant and the City wish to extend the map subject to
in Condition No. 4 of Exhibit A of Resolution No. 8778 to read as follows:
"4. This project is also approved under the express condition that
applicant pay the public facilities fee adopted by the City Council on
28, 1987 and any development fees established by the City Co[
pursuant to Chapter 21.90 of the Carlsbad Municipal Code to impler
the Growth Management system or public facilities phasing plan to
the subdivider's agreement to pay the public facilities fee dated Jull
1987 a copy of which is on file with the City Clerk and is incorporate
this reference. If the fees are not paid this applicant will not be consii
with the General Plan and approval for this project shall be void.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City (
California, as follows:
A.
B.
That the above recitations are true and correct.
That the Tentative Map CT 84-43, is hereby extended for 9 months
1990 to February 5, 1991 subject to the execution and fulfillment of all the c
Resolution No. 8778 except as changed above and the additional conditions abo
That the Agreement for Waiver of Prohibition against the imposition c
upon the approval of an extension of a tentative subdivision map between Jaw' SI
jen Lo, Gregory D. Kasai, Cindy C. Kasai, Chiu-Lan Liu and Yoetsu Kunigawu an
Carlsbad, dated March 7,1990 on file in the Office of the City Clerk, is approved, at
is authorized to execute such agreement on behalf of the City.
//I
/I/
I1/
///
C.
,
1
2
3
4
5
6
7
8
9
LO
11
12
I.3
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
e 0
D. That this extension is approved in reliance upon said agreemen
challenge to or failure to perform said agreement or the conditions of this resolutior
this approval void and the map shall not be final.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbac
held on the 6th day of herrbeq 1990 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaui
NOES: None
ABSENT: None
ATTEST:
&Qzb- 8!q- ALETiiA L. RAUTENKRANZ, City Clef
(SEAL)
F a%c,
-
-
*
1 * e
AGREEMENT FOR WAIVER OF PROHIBlTION
AGAINST THE IMPOSITION OF CONDITIONS
UPON THE APPROVAL, OF AN EXTENSION OF
A TENTATIVE SUBDMSION I"
This Agreement is made this 7% day of ~&&&!&j191hetwec
of Carlsbad, a municipal corporation, (hereinafter called "City") and Jaw' shyka
Lo, Gregory D. Kasai, Cindy C. Kasai, Chiu-La , and Yoetsu Kunigawa (1
called "Subdivider").
RECITALS
1. ent Code Section 66452.6(e) and Carlsbad Mdcipal Cod
and 20.24.180 permit Subdividers to request and City tc
approve or deny extensions of time for the expiration o
maps or tentative parcel maps (hereinafter collectively called "Tentative 5
Maps").
El Patio v. Permanent Rent Control Board, 110 Cal. App. 3d 915, mc
Cal. App. 3d 788 (1980) indicates that the Government Code (SubdiT
Act) may not authorize City to impose new conditions; Le., those whic:
imposed on the tentative subdivision map, upon the extension o
expiration of a tentative subdivision map, but also held that the City
discretion to approve or deny such extensions.
Government Code Section 66452.6(d) and Carlsbad Municipal Coc
20.12.100(d) and 20.24.160 provide that expiration of a tentative sub&
shall terminate all proceedings and that no final map or parcel mi
2.
3.
1
k 0 a property covered by the tentative subdivision map shall be filed wi
processing a new tentative subdivision map.
Subdivider has requested City to approve the extension of time for
Subdivision Map No. CT 84-43 which was initially approved on August,
Since the approval of said Tentative Subdivision Map, City has conduc
which show that the construction of certain drainage facilities or thorou;
essential to protect and provi welfare, and safety oj
present and future residents those who will resi
subdivision.
4.
5.
he approval of said Tentative Subdivision Map, City has adopt1
fee or major thoroughfare fee or both to provide the funds tc
necessary drainage facilities and thoroughfares.
7. Since the approval of the Tentative Subdivision Map, City has conduc
which show the need to establish a public facilities fee in order to
public facilities to protect the public health, safety and welfare of the 1
future residents of City and to ensure that public facilities to
development will be available concurrent with need as required by Cir
Plan. Developer agrees to pay said fees and has executed a contract 3
file with the City Clerk to that effect.
Because the original approval of said Tentative Subdivision Map occur
the adoption of the aforementioned fees, City did not condition the
said Tentative Subdivision Map with the payment of said fees.
Since the initial approval of said Tentative Subdivision Map there ma;
8.
9.
2
e !? z.
changed circumstances which require addition conditions of appro.
extension of the Tentative Subdivision Map to protect the public health,
welfare, to mitigate affects on the environment or to ensure consiste
extended map with the City's General Plan and Municipal Code.
City arguably may not, without the voluntary consent of Subdivider, in
the extension of said Tentative S Map conditions requiring 1
the fees mentioned above or c to protect the pul
nt or ensure consistency with the Gc
10
, or the enviro
ubdivider to the imposition of con(
required to deny Subdivider's request for extension to ensm
public health, safety and welfare, or the environment are protected I
General Plan or Municipal Code requirements are satisfied. Apprc
extension of said Tentative Subdivision Map without assurances thi
mentioned above would be paid for said subdivision would be contrary
interests of the City and would threaten the City's ability to protect a
for the public health, safety and welfare. Subdivider agrees that it is
interest of City and Subdivider that City be able to protect the public he
and welfare, or the environment or ensure consistency with the Gene
Municipal Code by the imposition of conditions on the extension c
subdivision maps.
12. Subdivider realizes that denial of the requested extension could re
expiration of the tentative subdivision map. Subdivider would then 1
3
6 0 to incur su stantial costs and time delays in processing a new tentative !
map approval of which would be subject to new conditions necessaq
consistency of the tentative subdivision map with the Subdivision M:
California Environmental Quality Act, Titles 19, 20 and 21 of thl
Municipal Code, the City's General Plan and to protect the public he;
and welfare.
City has reviewed the Subdivider's r an extension of tin
tentative subdivision map and finds that granting the request subject
not be contrary t alth, safety and welfar
ORE, in consideration of the recitals and of the mutual
13.
, City and Subdivider agree as follows:
ity agrees to extend Subdivider's Tentative Subdivision Map fc
subject to whatever new or revised conditions the City in its sole discrf
appropriate.
2. Subdivider knowingly and voluntarily waives any and all ri
unconditioned extension of Tentative Subdivision Map No. CT 84-43.
3. Subdivider knowing and voluntarily consents to the impos
condition of approval of the extension of Te Subdivision Map No. CT 8
requires payment of any fees which may be in effect at the time of approval
subdivision map for said subdivision or any portion thereof and to the
additional conditions:
A. This approval is expressly conditioned on the payment by the i
a public facilities fee as required by City Council Policy No. 17,
4
0 e *I
effective on April 22, 1986, on file with the City Clerk and in
herein by reference, and according to the agreement execul
applicant for payment of said fee. If said fee is not paid as pro
application will not be consistent with the General Plan and .
cannot proceed and this approval shall be void.
This approval is expressly conditioned upon the subdivider's comp
any growth management system in effect at the time the final IT
B.
management syst
propriate, shall govern extension o e map which is the SUI
s agreement is for an extension of a tentative subdivision
minor subdivision, the appeal of the City Engineer's approval, or conditional a
the extension by any party shall void this agreement unless the agreement is SL
approved by the City Council.
///
///
///
///
///
5
be the personrs] whose _n_a_m_eLs3 Ida-= subscrlbed to this Instrument, and
acknowledged that he [she/t&yl executed the same Jaw shyrkang ---------- Yoetsu Kunigawa,
Lih jen Lo By Cindy C. Kasai, Attorney
5 Gregory D. Kasai In Fact : Cindy C. Kasai
$ Chiu-Lan Liu
E Witness my hand an 3
(J !
[for notary seal or stamp]
1
..
r,
!I .
6. Any 0 action by Subdivider to challenge the c i gality of this agreen
failure by Subdivider to pay the fees and comply with any other conditions ai
the extension shall void the approval of such extension. The map shall not fi!
development shall not proceed until a new tentative subdivision map has bee1
SUBDIVIDER CITY OF CARLSBAD, a municipal corpora
By: (,,Ji.. 4 GLdy
Jaw‘ shyrkang
L’ >] ‘5(
( ,/% ki?L &701 Ll~.& i/J ’,,. ,‘/ ’?/ , r
chiu-Lan Liu
e* [&4,
L., +J
A~ST: &.dCL -
ALETHA L. RAUTENKRANZ
City Attorney City Clerk
Notarial acknowledgement of execution by subdivider must be attached. Afl
seal if appropriate.
6