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Home My WebLink About1993-04-06; City Council; 12151; REQUEST FOR A ONE YEAR EXTENSION OF CARLSBAD TRACT 83-12 (BUENA VISTA PARK PLAZA)m 4 N . rl 2 C: 2 a +I 0 g M c xi! 2 ‘;1 vl 2 2 u aa e 31 a 4 .z .z 00 dC *z c)c) g vlrn s m a -. .TI .d -, ~n mm \\ ma 5 \\ a* F <In % 4 0 z 3 0 0 m c7l n 0 .rl k 0 -5; ua) .r( sal aJc so U k 00 clw a aaJ ucl cda 3B 55 E5 4 -. 4Jcl aJaJ < ” -e-. - CW OF CARLSBAD - AGEVA BILL ~ - AB#- TITLE: REQUEST FOR A ONE YEAR EXTENSION DEP? MTG. 4/06/93 OF CARLSBAD TRACT 83-12, CITY CITY DEPT. ENG RECOMMENDED ACTION: Adopt Resolution No. cl3-sY denying a request for a one year time extension tentative map for Carlsbad Tract 83-12, Buena Vista Park Plaza. BUENA VISTA PARK PLAZA ITEM EXPLANATION; Carlsbad Tract 83-12, originally known as Buena Vista Park Plaza, is a pr 12-lot office and commerci a1 subdivision located between Marron Road and Drive, east of El Camino Real. The applicant is requesting that the tentati be extended for a one year period. The tentative map for this project was first approved by the Planning Comn on August 6, 1985, and for another one year period on November 4, 1986 project was then subject to several tolling periods, which were ended on DE 5, 1991. The tentative map was scheduled -to expire on December 4, 1992. Although the expiration date has passed, the City has offered some latitude 1 extension request due to the change in ownership of the property. The pr owner of the map foreclosed on the property to a savings and loan operation was subsequently seized by the Federal government thrift liquidation agenc Resolution Trust Corporation (RTC). A consultant was retained by. the oversee the disposition of the property and was not fully aware that,rth ter map for the project was scheduled to expire. Upon their discovery b &he I expiration, they immediately applied to the City for a tentative kp ex1 request just before the expiration date. In accordance with Section 66473.5 of the Subdivision Map Act, in order tc a tentative map time extension, a project must be found to be in conformanc the General Plan, current ordinances, and current standards. The si procedure for processing time extension requests is to impose additional con( on a project so it complies with regulations not in effect at the time original approval. Since the original approval of the tentative map for this project, the C- adopted the Citywide Facilities and Improvements Plan, pursuant to the Management Plan, Chapter 21-90 of the Carlsbad Municipal Code. The C Facilities and Improvements Plan identifies lands that are constrain devel opment purposes. These constrained 1 ands, or 1 ands considered undevel( are described in Section 21.53.23(b) of the Carlsbad Municipal Code and Buildout Assumptions Section of the Citywide Facilities and Improvement: These lands include beaches, permanent bodies of water, floodways, slopes 40% grade, wetlands, woodland habitat, and other significant enviroi features. Additionally, since the approval of the tentative map for this project, tl has adopted the Hillside Development Regulations, Chapter 21.95 of the C, Municipal Code. These regulations, as stated in Section 21.95.030, lir development of property with a slope of 15% or greater, and prohibits deve of portions of property that cannot comply with the Growth Management Plai on July 27, 1983. It was then extended by the City Council for a one year 0 0 Page 2 of Agenda Bill No. ]Ai I 5 1 Both the Engineering Department and the P1 anning Department have indepen reviewed this project and both have recommended that this tentative map ext request be denied. In reviewing the previous approvals for this tentativ staff has determined that this project does not comply with existing regul nor can it be readily conditioned to bring it into conformance. In order to comply with existing regulations, this project would have to b a significant comprehensive redesign effort. Taking into account the Ci Facilities and Improvements Plan, the Growth Management Plan and the Hi Development Regulations, the grading and lot configurations originally propoi the project would have to be substantially altered. Additionally, two twelve lots can no longer be developed and the development potential of thret lots have been greatly reduced. Staff recommends denial for the request for a one year time extension tentative map for Carlsbad Tract 83-12, Buena Vista Park Plaza. FISCAL IMPACT: The loss of potential fees represented by this denial may be offset b required of any new proposal for development on this property. EXH I BITS : 1. Resolution No. 9 3- 64 denying a request for a one year extens 2, Plat Map of Project. 3. Letter requesting extension, dated November 23, 1992. Carlsbad Tract 83-12, Buena Vista Park Plaza. I % 1 2 3 4 5 6 7 8 9 lo 11 12 n m> 2ug ,3 de& UO8 14 ouz 3LLO 204s n"n9 15 2;s: ZWV)" 0Z-l- =a%o 4 >2q 17 5" >JZ akSU l6 0 402 18 19 20 21 22 23 24 25 26 27 28 0 e RESOLUTION NO. 93-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA DENYING A REQUEST FOR A ONE YEAR EXTENSION OF THE CARLSBAD TRACT 83- 12, BUENA VISTA PARK PLAZA WHEREAS, the City Council of the City of Carlsbad 4th day of November, 1986 adopted Resolution No. 8871 extendi tentative map of Carlsbad Tract 83-12; and WHEREAS, the tentative map of Carlsbad Tract 83-12 have expired on December 4, 1992, and the applicant has req a one year time extension period which cannot be approved the tentative map can be brought into conformity with the C Plan, current ordinances, and current standards; and WHEREAS, the tentative map of Carlsbad Tract 83-12 inconsistent with Title 21, Section 21.53.23, and Chapters and 21.95 of the Carlsbad Municipal Code of the Cit of Cz because the City Council has found that the map does not . with the Growth Management Plan and the Hillside Deve. Regulations; and WHEREAS, the project cannot be found to be in confc with the General Plan, current ordinances, and current st with the imposition of additional conditions. NOW, THEREFORE, the City Council of the City of Ca California, finds as follows: 1. That the above recitations are true and corr 2. That the tentative map of Carlsbad Tract 83-1: consistent with the General Plan and current ordinances, inc but not limited to, the Growth Management Ordinance set f Carlsbad Municipal Code Chapter 21.90, the Hillside Dew Regulations set forth in Carlsbad Municipal Code Chapter 21 I 1 2 3 0 0 the IIConstraints Mapt8 introduced as part of the hearing inc the restrictions on development within wetlands, riparian lar on lands over 40% in slope. Many of the lots are undevel 4 5 6 7 8 9 10 11 12 Qa SUJF m> 13 &E& ,og 14 Ow8 YLL, sou< >',i crk5a q"o9 15 aLS2 ZWffl~ ozd - 16 "E%Q 0 !A >2$ 17 6O aoA 18 19 20 21 22 23 24 25 26 27 28 under these standards and the project would require cc redesign such that no reasonable conditions can be placed 1 to make it consistent with present day development standards forth above. 3. As proposed, the subdivision would likely substantial environmental damage since some of the lo proposed within wetlands, riparian lands or on slopes exc 40%. 4. Therefore, based on the above findings, tl Council of the City of Carlsbad hereby denies an extens tentative map for Carlsbad Tract 83-12. 5. This action is final the date this resolui adopted by the City Council. The provision of Chapter 1.16 Carlsbad Municipal Code, "Time Limits for Judicial Review apply: "NOTICE TO APPLICANT" "The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which 2 4 1 2 3 4 5 6 7 8 9 10 11 12 13 ma &E& UOO, iLL0 Ow% 14 $045 octga: goo2 15 at22 zwao “KZO E5 t:% 17 50 $WE a> tJZ 0ZA- 16 <OJ 18 19 20 21 22 23 24 25 26 27 28 0 0 the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008.” PASSED, APPROVED AND ADOPTED at a Regular Meeting day of - City Council of the City of Carlsbad on the 11th 1993, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, NOES! None ABSENT: None ATTEST: Gmi 2.Q- ALETHA L. RAUTENKRANZ, CitylClerk (SEAL) 3 I e 0 - ,.- &*e-- DEL 08 ppNCH0 el& Crry =mNeR. 0 0 TELACU CARPENTER November 23, 1992 Mr. Lloyd Hubbs, City Engineer 2075 Las Palmas Carlsbad, CA 92009-1576 Re: Tentative Tract Map # 83-12 Dear Mr. Hubbs: The purpose of this letter is to request an extension of the above-referenced map, whic is scheduled to expire on December 4, 1992. I respectfully ask that this request b given special consideration due to the following: City of Carlsbad o Due to "Tolling" by the City of Carlsbad, this map, which was originaLl approved on July 27, 1983, became the victim of some unusual circumstance which included, the foreclosure on Mr. Paul Southers (the owner when the ma was approved) by Progressive Savings and the receivership action taken by tl RTC against Progressive Savings. As a result, when TElLACU/Carpenter (T/( was awarded the contract to oversee the disposition of the subject property, t€ fact that the map was scheduled to expire was not known. o T/C is in the process of completing a transaction whereby the subject propen will be sold to a group that claim to be very familiar with the asset and it corresponding map. If the map expires and is not extended, the value of tl subject property will be greatly diminished in the eyes of the buyers. o If the value of the subject property is diminished, the buyers will either wa away from this proposed transaction or they will only proceed with a significa reduction in the purchase price. If that happens, the ultimate losers will be tl tax payers. o If this request for an extension is granted, the City of Carlsbad can take sola( in the fact that the new owners/developers of the property will be forced adhere to the conditions/restrictions currently in effect. To summarize the reasons for our request, there was no direct documentation regardi the fact that the tentative tract map was nearing it's expiration date, if the extension granted the new buyers will be subject to the conditions/restrictions which are currenl in effect and if the map is not extended the ultimate losers will be the tax payers. 2600 MICHELSON DRIVE, SUITE 300, IRVINE, CALIFORNIA 927 15 (714) 261-8888 FAX (714) 261-0880 * 0 Mr. Lloyd Hubbs Page 2 In addition, per direction from Mr. Wojcik, enclosed please find a check for the Nin fee in the amount of $4,375.50. It is my understanding that if this request for a extension is not granted that the full amount of the filing fee will be automaticall refunded. I hope this letter finds you well, Mr. Hubbs, and I thank you in advance for you assistance with this request. If you have any questions or concerns feel free to conta( the undersigned. Sincerely, 7kiA-L R. L Kevin R. Keenan Senior Asset Manager cc: James B. Jones Susan D. Taylor May 18, 1993 Telacu Carpenter 2600 Michelson Drive, Suite 300 Imine, CA 92009-1576 Attention: Mr. Larry Cortez RE: Request for Extension of Time for Tentative Tract Mag 83-1 Buena Vista Park Plaza The Carlsbad City Council, at its meeting of May 11, 1993, adopt Resolution No. 93-84, denying the request for the extension of ti for Tentative Map No. CT 83-12/Buena Vista Park Plaza. Enclosed is a copy of Resolution No. 93-84 for your files. $?aZ, CMC Assistant City Clerk KRK: ijp Enclosure I200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2