HomeMy WebLinkAbout1991-06-04; City Council; 11184; Hillside Partners4
Cl= OF CARLSBAD - AGENF” BILL
AB# /!,ibY TITLE: TENTATIVE MAP EXTENSION
MT&-Y-41 CARLSBAD TRACT NO. 88-05, HILLSIDE PARTNERS
DEPT. L%@J
D’E”Pl~D%i&?t
RECOMMENDED ACTION:
Adoption Resolution No. q j - 13 %, approving a one year extension of time for
Tentative Map CT 88-5, Hillside Partners.
ITEM EXPLANATION:
On June 7, 1989 the Planning Commission adopted Resolution No. 2871 approving an
application for a Tentative Tract, CT 88-5. CT 88-5 is a 13 lot subdivision at the
extension of James Drive southerly from Tamarack Avenue. The site also backs up to the
easterly side of Hillside Drive near Highland Drive. The applicant is requesting that the
tentative map be extended.
Planning and Engineering staff have reviewed the project and the request for an
extension. The applicant’s letter requesting the extension does not specify a time period
but it does cite that the reason for the request is because of the “current economic
recession”. Staff finds that the cited reason alone is an insufficient reason for granting
an extension. However, the applicant has made a diligent effort towards completing the
final map and has invested considerable time and expense in the project. The site is an
infill area, being mostly surrounded by development. Staff believes the City would be
better served by proceeding with this project. Therefore, staff is conditionally
recommending that the tentative map be extended for a one year period or until June 7,
1992.
The original conditions of approval of Planning Commission Resolution No. 2871 are still
applicable to the project. In order to meet current standards, City policies and thus
remain in conformance with the General Plan certain new conditions will need to be
applied to the project.
The new conditions needed concern the master drainage plan update, water availability,
landscape, coastal development permit and control of unauthorized dumping on the site.
The first four conditions are new standard conditions.
The applicant has signed the agreement for waiver of prohibition of new conditions,
thereby consenting to the new conditions. Therefore staff is recommending that the
request for an extension of time be granted.
The project has a density which is two dwelling units above the growth control point. The
higher density was allowed by Planning Commission because the site was constrained
by virtue of a deeply eroded ravine which is located within the subdivision boundary. The
Commission determined that filling of the ravine and allowing the two additional residential
units would benefit the City by reducing erosion thus enchancing the Open Space value
of the Agua Hedionda Lagoon. Adequate surplus units are available within the northwest
quadrant to accommodate these two additional units.
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PAGETWOOFAk 11, jgq
PUBLIC FACILITY ADEQUACY STATUS
Traffic Impact Fee Required Required
Bridge & Thoroughfare District N/A N/A Development Zone 1 1 Density of this Project 3.78 Du/AC 3.78 Du/AC
Growth Initiative Control Point 3.2 Du/AC 3.2 Du/AC
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FISCAL IMPACT:
Approval of this extension will allow development of 13 new residential units. While the
additional-expense to the City in providing services to the project are expected to be
offset by increased property tax revenue, no detailed analysis was conducted to
determine the exact offset. This project will generate $7,800 in TIF fees, $22,289 in water
connection fees, $16,250 in sewer connection fees, $20,475 in Park in lieu fees and PFF
fees to be calculated at time of building permit issuance.
EXHIBITS:
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2.
3.
4.
Location Map
Letter of Request
An Agreement signed b the Applicant, to waive the Prohibition of Conditions.
Resolution No. Q 1 A j ); 0 approving a request for an extension of
time for a tentative map for Carlsbad Tract 88-5
LOCATION MAP
PROJECT NAME Cr 88-5, H/US/DE /=!%‘RTA+‘&fi’
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EXHIBIT
A?Lsqu&sr FOR b YYSHbuYL=)N I
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March 7, 1991
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Nr . Lloyd Hubbs City Engineer City of Carlsbad 2075 Las Palmas Carlsbad, California 92009
Re: Hillside Partners Subdivision C.T. 88-5
Dear Mr. Hubbs:
Our partnership hereby requests an extension of our Tenative Map 88-5 due to the current economic recession.
Enclosed is our check for $ 265.00, which is half of the original filing fee.
Should you or your staff have any questions, do not hesitate to call.
Sincerely,
ts dd-
Ed Martinet Managing General Partner 4111 Park Drive Carlsbad, California 92008 (619) 729-0300/729-8466
cc:Skip Hamman (Brian Smith Engs) Don Gediman Brooks Worthing Jorgan Hoflund
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AGREEMENT FOR WAIVER OF PROHIBITION AGAINST THE IMPOSITION OF CONDITIONS UPON THE APPROVAL OF AN EXTENSION OF A TENTATIVR SUBDIVISION NAP
This Agreement is made this f@ day of& ,
19 ?/ between the City of Carlsbad, a municipal f orporation,
(hereinafter called "City@@) and Hillside Partners (hereinafter
called *'Subdividerll).
RECITALS
1. Government Code Section 66452.6(e) and Carlsbad Municipal Code
Sections 20.12.110 and 20.24.180 permitsubdividersto request
and City to approve, conditionally approve or deny extensions
of time for the expiration of tentative maps or tentative
parcel maps (hereinafter collectively called "Tentative
Subdivision Maps*l).
2. Hl Patio v. Permanent Rent Control Board, 110 Cal. App. 3d
915, modified 111 Cal. App. 3d 788 (1980) indicates that the
Government Code (Subdivision Map Act) may not authorize City
to impose new conditions; i.e., those which were not imposed
on the tentative subdivision map, upon the extension of time
for expiration of a tentative subdivision map, but also held
that the City does have discretion to approve or deny such
extensions.
3. Government Code Section 66452.6(d) and Carlsbad Municipal Code
Section 20.12.100(d) and 20.24.160 provide that expiration of
a tentative subdivision map shall terminate all proceedings
and that no final map or parcel map for any property covered
by the tentative subdivision map shall be filed without first
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processing a new tentative subdivision map.
4. Subdivider has requested City to approve the extension of time
for Tentative Subdivision Map No. CT 88-05 which was initially
approved on .
5. Since the approval of said Tentative Subdivision Map, City has
conducted studies which show that the construction of certain
drainage facilities or thoroughfares are essential to protect
and provide for the health, welfare, and safety of all of the
present and future residents of City, including those who will
reside in said subdivision.
6. Since the approval of said Tentative Subdivision Map, City has
adopted a major drainage fee or major thoroughfare fee or both
to provide the funds to construct the necessary drainage
facilities and thoroughfares.
7. Since the approval of the Tentative Subdivision Map, City has
conducted studies which show the need to establish a public
facilities fee in order to provide for public facilities to
protect the public health, safety and welfare of the present
and future residents of City and to ensure that public
facilities to serve the development will be available
concurrent with need as required by City's General Plan.
Developer agrees to pay said fees and has executed a contract
which is on file with the City Clerk to that effect.
8. Because the original approval of said Tentative Subdivision
Map occurred prior to the adoption of the aforementioned fees,
City did not condition the approval of said Tentative
Subdivision Map with the payment of said.fees.
9. Since the initial approval of said Tentative Subdivision Map
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there may have been changed circumstances which require
additional conditions of approval on the extension of the
Tentative Subdivision Map to protect the public health, safety
and welfare, to mitigate affects on the environment or to
ensure consistency of the extended map with the City's General
Plan and Municipal Code.
City arguably may not, without the voluntary consent of
Subdivider, impose upon the extension of said Tentative
Subdivision Map conditions requiring payment of the fees
mentioned above or conditions necessary to protect the public
health, safety or welfare, or the environment or ensure
consistency with the General Plan or Municipal Code.
Without such voluntary consent of Subdivider to the imposition
of conditions City may be required to deny Subdivider's
request for extension to ensure that the public health, safety
and welfare, or the environment are protected or that the
General Plan or Municipal Code requirements are satisfied.
Approval of the extension of said Tentative Subdivision Map
without assurances that the fees mentioned above would be paid
for said subdivision would be contrary to the best interests
of the City and would threaten the City's ability to protect
and provide for the public health, safety and welfare.
Subdivider agrees that it is in the best interest of City and
Subdivider that City be able to protect the public health,
safety and welfare, or the environment or ensure consistency
with the General Plan or Municipal Code by the imposition of
conditions on the extension of tentative subdivision maps.
Subdivider realizes that denial of the requested extension
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could result in the expiration of the tentative subdivision
map. Subdivider would then be required to incur substantial
costs and time delays in processing a new tentative
subdivision map approval of which would be subject to new
conditions necessary to ensure consistency of the tentative
subdivision map with the Subdivision Map Act, the California
Environmental Quality Act, Titles 19, 20 and 21 of the
Carlsbad Municipal Code, the City's General Plan and to
protect the public health, safety and welfare.
13. City has reviewed the Subdivider's request for an extension of
time for said tentative subdivision map and finds that
granting the request subject to certain conditions will not be
contrary to the public health, safety and welfare.
NOW, THEREFORE, in consideration of the recitals and of the
mutual covenants set forth herein, City and Subdivider agree as
follows:
1. City agrees to extend Subdivider's Tentative Subdivision
Map for one year subject to whatever new or revised conditions the
City in its sole discretion deem appropriate.
2. Subdivider knowingly and voluntarily waives any and all
right to the unconditioned extension of Tentative Subdivision Map
No. CT 88-05.
3. Subdivider knowing and voluntarily consents to the
imposition of a condition of approval of the extension of Tentative
Subdivision Map No. CT 88-05 which requires payment of any fees
which may be in effect at the time of approval of the final
subdivision map for said subdivision or any portion thereof and to
the following additional conditions:
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A. This approval is expressly conditioned on the payment by
the applicant of a public facilities fee as required by
City Council Policy No. 17, issued and effective on April
22, 1986, 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.
B. This approval is expressly conditioned upon the
subdivider's compliance with any growth management system
in effect at the time the final map is filed. Subdivider
shall also pay or agree to pay (as decided by the City
Council) all fees identified by the City Council as
necessary to pay for the cost of providing facilities and
improvements which are imposed pursuant to the growth
management system or any other applicable laws.
4. The provisions of Carlsbad Municipal Code Section
20.12.110 and 20.24.180, as appropriate, shall govern extension of
the map which is the subject of this agreement.
5. If this agreement is for an extension of a tentative
subdivision map for a minor subdivision, the appeal of the City
Engineer's approval, or conditional approval, of the extension by
any party shall void this agreement unless the agreement is
subsequently approved by the City Council.
6. Any action by Subdivider to challenge the legality of
this agreement or any failure by Subdivider to pay the fees and
comply with any other conditions applicable to the extension shall
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State of 03 uf=b e n//r9
County of fled O~&zzo 1 cs
On q- i6 - ?/ before me, 6 ~‘E-L-4 &4L/~E f DATE NAME, TITLE OF OFFICER E.G., “JANE DOE, NOTARY PUBLIC
personally appeared 4Tz.?k~wa a. HeQ71~W , NAME(S) OF SIGNER(S)
vb ersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is&e
***********************************g subscribed to the within instrument and ac- x I OFFICIAL SEAL :: knowledged to me that he/eh&they executed
* GISELA HAUSER t the same in his/h&their authorized
:: NOTARY PUBLIC-CALIFORNIA 2
t NOTARY BONO FILED IN capacity(ies), and that by his/kerftkeir
:: SAN DIEGO COUNTY
$
* signature(s) on the instrument the person(s),
:: My Commisston Expires July 23, 1993 t ***+***************************+****z or the entity upon behalf of which the person(s)
acted, executed the instrument.
Witness my hand and official seal.
& L/Q/
SIGNATURE OF NOTARY
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL(S)
0 CORPORATE
OFFICER(S)
PC PARTNER(S)
TITLE(S)
q ATTORNEY-IN-FACT
q TRUSTEE(S)
q SUBSCRIBING WITNESS
f-J GUARDIAN/CONSERVATOR
0 OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
HLuYDt5- Pwue
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT:
Title or Type of Document A6 6!65H c-7 mp ccl 91 v&%?.
Number of Pages Date of Document 6 +-a -91
Signer(s) Other Than Named Above CiT-Y MtiYrO E. &7X7@ ue C-e
0 1991 NATIONAL NOTARY ASSOCIATION * 6236 Remmet Ave. - P.O. Box 7164 * Canoga Park, CA 91304-71
,
.*
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void the approval of such extension. The map shall not final and
the development shall not proceed until a new tentative subdivision
map has been approved.
SUBDIVIDER
HILLSIDE PARTNERS I/
BY:
Edward D. Martinet Managing General Partner
CITY OF CARLSBAD, a municipal
CITY ENGINEER (Minor Subdivisions)
APPROVED AS TO FORM: '\
4!-4aA,
VINCENT F. BIONDO,JR. City Attorney
ATTEST:
ALETHA L. RAUTENKRANZ City Clerk
Notarial acknowledgement of execution by subdivider must be attached. Affix corporate seal if appropriate.
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Cl-W COUNCIL RESOLUTION NO. 91-170
A RESOLUTION OF THE CITY COUNCIL OF THE ClTY OF CARLSBAD,
CALIFORNIA, APPROVING A REQUEST FOR AN EXTENSION OF TIME
FOR A TENTATIVE TRACT MAP FOR CARLSBAD TRACT CT 88-5
(HILLSIDE PARTNERS)
WHEREAS, the Planning Commission did on June 7, 1989 adopt Resolution No.
2871 approving the tentative map for a 13 lot subdivision, known as CT 88-5, and
WHEREAS, said tentative map will have expired as of June 7, 1991, and
WHEREAS, the applicant for the tentative map, Hillside Partners has requested an
extension of time to process toward a final map, and
WHEREAS, the project can be found to be in conformance with the General Plan,
current City ordinances and &rent City policies with imposition of additional conditions;
and
WHEREAS, Hillside Partners has consented to the imposition of the additional
conditions which are needed to bring the tentative tract map into conformance with the .
General Plan, current City ordinances and current City policies.
NOW, THEREFORE, BE lT RESOLVED, by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the request for an extension of time for the tentative tract map for
Carlsbad Tract 885 be approved. for a period of one year until June 7, 1992 subject to
all the original conditions of approval and the following additional conditions:
A. Prior to approval of the final map, the applicant shall enter into an
agreement with the City to pay any drainage area fees established as a
result of the forthcoming Master Drainage Plan Update and the Sewer
Connection Fee Study.
B. All landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash, and debris.
C. Preliminary landscape plans shall be submitted.
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All landscape plans shall be prepared to conform with the Landscape
Guidelines Manual and submitted per the landscape plancheck procedures
on file in the Planning Department.
Landscape plans shall be designed to minimize water use. Lawn and
other Zone 1 plants (see Landscape Guidelines Manual) shall be limited
to areas of special visual importance or high use. Mulches shall be used
and irrigation equipment and design shall promote water conservation.
The developer shall avoid trees that have invasive root systems, produce
excessive litter and/or are too large relative to the lot size.
Prior to final occupancy, a letter from a California licensed landscape
architect shall be submitted to the Planning Director certifying that all
landscaping has been installed as shown on the approved landscape
plans.
All herbicides shall be applied by applicators licensed by the State of
California. #
The applicant shall pay a landscape plancheck and inspection fee as
required by Section 20.08.050 of the Carlsbad Municipal Code.
The first set of landscape and irrigation plans submitted shall include
building plans, improvement plans and grading plans.
All landscape and irrigation plans shall show existing and proposed
contours and shall match the grading plans in terms of scale and location
of improvements.
Mature trees which are removed shall be replaced one to one with
minimum 36” box specimen. Each case shall be reviewed by the Planning
Director.
The number of trees in a residential project shall be equal to or greater
than the number of residential units.
Prior to the issuance of grading or building permit, whichever occurs first,
the applicant shall produce proof of issuance of a Coastal Development
Permit by the California Coastal Commission for all associated
development.
The applicant shall make a diligent and concerted effort to prevent further
unauthorized dumping on the project site. The following preventative
measures shall be undertaken to the satisfaction of the City Engineer:
a. The applicant shall post signs prohibiting dumping under
penalties of law.
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b. The applicant shall erect suitable barriers to prevent
unauthorized entry to the project site.
The entire potable and non-potable water systems for subject project shall
be evaluated in detail to insure that adequate capacity and pressure for
domestic, non-potable and fire flow demands are met.
The Developer’s Engineer shall schedule a meeting first with the City Fire
Marshal and then with the District Engineer to review the preliminary water
system layout prior to preparation of the water system improvement plans.
The Developer will be responsible for all fees and deposits plus the major
facility charge which will be collected at time of issuance of building permit.
The Developer shall pay a San Diego County Water Authority capacity
charge which will be collected at issuance of application for meter
installation.
‘This project is approved upon the express condition that building permits
will not be issuedfor development of the subject property unless the water
district serving the development determines that adequate water and
service is available at the time of application for water service and will
continue to be available until time of occupancy.” A note to such effect
shall be added on a non-mapping sheet of the final map. -
The Agreement of Waiver of Prohibition Against the Imposition of
Conditions upon the Approval of an Extension of a tentative Subdivision Map is approved
and the Mayor is directed to execute said agreement on behalf of the City.
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4. That the extension is approved in reliance upon said agreement. Any legal
challenge to or failure to perform said agreement or the conditions of this resolution shall
render this approval void and the map shall not be final.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
5 Council held on the 4th day of June , 1991 by the following vote, to wit:
6 AYES: Council Members Lewis, Kulchin, Larson, and Nygaard
7 NOES: None
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ABSENT: Council Memb
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ATTEST:
ALETHA L. RAUTBNKRANZ, City Clerk .
(SEW
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