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HomeMy WebLinkAbout1997-06-10; City Council; 14202; The HamptonsI * - CITY OF CARLSBAD - A&i BILL AB# &G@~ TITLE* L REQUEST FOR A ONE YEAR TIME EXTENSION MTG. 6/10/97 FOR THE TENTATIVE MAP OF CARLSBAD TRACT 89-13, THE HAMPTONS RECOMMENDED ACTION: Adopt Resolution No. 97- $84 granting a one year time extension for the tentative map of Carlsbad Tract 89-13, the Hamptons. ITEM EXPLANATION: The owners of Carlsbad Tract 89-13, the Hamptons, have requested a one year time extension for the tentative map for this 42 unit subdivision, located on the south side of Park Drive, east of Marina Drive. On March 27, 1990, the City Council adopted Resolution No. 90-80 approving the tentative map for this project, after hearing an appeal of the Planning Commission’s decision to approve the tentative map. Since then, the City Council has approved two one-year time extensions of the tentative map. The first extension occurred on August 4, 1992, per City Council Resolution No. 92-244. The second extension occurred on May 18, 1993, per City Council Resolution No. 93-l 37. The project also received an additional three year time extension that was granted by the State of California due to the poor economic conditions of the building industry in the early 1990’s. The project was scheduled to expire on March 27, 1997. Engineering and Planning staff have reviewed this project and the request for a tentative map time extension. As stated in the applicant’s letter, the time extension has been requested to allow the owners to foreclose the lien against the prior owner/developer, regain control of the property, and allow the development to proceed. Staff concurs that without cooperation by all owners, the required conveyances and property interests to obtain the final map and finance the development cannot be accomplished. Therefore, staff is recommending the one year time extension to the tentative map be granted. The original conditions of approval, referenced in City Council Resolution No. 90-80 and cited in Planning Commission Resolution Nos. 2982 and 2983, are still applicable to the project. Additional conditions of approval to the project, which were imposed when the previous two time extension requests were granted, are also still valid. There are no new or additional conditions of approval with this request. A Public Facilities Fee Agreement was recorded with the original tentative map. All potentially significant environmental effects were analyzed adequately in an earlier Negative Declaration pursuant to applicable standards, and a Notice of Prior Compliance has been prepared and published. FISCAL IMPACT: Detailed economic analysis of this development has not been conducted. While increased operating expenses related to this development are expected, these increases will be offset by increased tax or fee revenue. No exact percentage of offset can be predicted. EXHIBITS: :: lZ%io/aiA 97%4 approving a one year time extension for the tentative map of Carlsbad Tract89-13, the Hamptons, including PUD 89-05, SUP 89-07, and SV 89-03. 3. 4. Letter requesting extension, dated February 25, 1997. City Council Resolution Nos. 90-80, 92-244, and 93-137, and Planning Commission Resolution Nos. 2982 and 2983. NOT TO SCALE LOCATION -MAP PROJECT NAME THE HAMPTONS PROJECT EXHIBIT NUMBER CT89-13 1 .- 1 RESOLUTION NO. 97-484 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION FOR THE TENTATIVE MAP OF CARLSBAD TRACT 89-I 3. THE HAMPTONS. WHEREAS, the City Council of the City of Carlsbad, on the 27’h day of March, 1990, 6 adopted Resolution No. 90-80, with conditions, approving the tentative map of Carlsbad Tract 7 89-13, including PUD 89-05, SUP 89-07, and SV 89-03; and 8 WHEREAS, the tentative map of Carlsbad Tract 89-13 would have expired on March 27, 9 1997; and 10 WHEREAS the applicant is diligently pursuing those acts required to obtain a final map 11 12 13 14 15 16 17 and has requested an extension of time; and WHEREAS, a Notice of Prior Compliance has been prepared and published; and WHEREAS, both the applicant and the City wish to extend the tentative map for Carlsbad Tract 89-l 3. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above iecitations are true and correct. 18 19 20 21 22 23 24 25 26 27 28 //I ill Ill //I i/l Ii/ /I/ Ill I// /Ii Ill , I a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 2. That the tentative map for Carlsbad Tract 89-13, including PUD 89-05, SUP 89-07, and SV 89-03, is hereby extended for one year from March 27, 1997 to March 27, 1998, subject to the execution and fulfillment of the conditions of approval. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 10th day of June , 1997 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, and Hall NOES: None ABSENT: Council Member Nygaard ATTEST: . ALETHA L. RAUTEN (SEAL) I 1 Exhibit 3 MOORE & SKlZJAN 7700 EL CAMlNO REAL, SUITE 207 CARLSBALI, CA 92009-8505 Attorneys at Law TELEPHONE (619) 944-7700 FACSIMILE (619) 944-8494 February 26,1997 Mr. Lloyd Hubbs City Engineer City of Carlsbad 2075 Las Palmas Drive Carlsbad. CA 92009-l 576 Personally delivered Re: CT 89-13, The Hamptons tentative map extension Dear Mr. Hubbs: RECEIVED FEB 2 6 1997 Enclosed are the following: ENGINEERING DEPAmEm 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Tentative Map Extension Application signed by Dr. Nino Ferrer0 (50% owner of the property); Tentative Map Extension Application signed by Dr. Jack N. Spirtos (25% owner of the property); Check from Dr. Nino Ferrer0 in the amount of $3,100.00 for the application fee to extend the tentative map; Environmental Impact Assessment Form; Check from Dr. Nino Ferrer0 in the amount of $220.00 for the processing fee for the Environmental Impact Assessment; 600’ radius map; Two sets of mailing labels; List of property owners within 600’ radius of the subject property; Certification of property owners list and labels signed by David Moore; Two checks from David Moore in the amount of $65.28 each for postage for two mailings to property owners within 600’ of the subject property; Six copies of the project’s conditions of approval copied from the city’s files; and Six copies of the approved tentative map copied from the city’s files. I have been advised by city attorney Richard Rudolph that the “Agreement for Waiver of Prohibition Against the Imposition Conditions upon Extension of a Tentative Subdivision IMap” will not be required to be submitted to obtain the extension of the tentative map. Christer Westman, from the city’s planning department, has advised me that the enclosed EIA is acceptable and that a new public facilities agreement will not be required to obtain the extension of the tentative map. Due to the limitation in space on the application form, only a brief statement could be provided for the reason for the requested extension. This letter is intended to supplement the -5 Lloyd Hubbs, City Engineer February 26,1997 Page 2 application form. The requested extension is for one year. The property is owned by two retired physicians (Ferrer0 and Spirtos) and a limited partnership (RemingtonKarlsbad Limited Partnership). Dr. Ferrero’s family trust owns a 50% interest in the property and Dr. Spirtos’ family trust and Remington each have a 25% interest in the property. Remington obtained the tentative map and was to obtain the final map and build the condominiums. Unfortunately, the market for this development and most real estate in Southern California took a dramatic downward turn after the tentative map was approved. Remington halted its development plans for this property shortly before obtaining the final map. I am advised by the project engineer, Bruce Tait, that the plans for the final map were prepared and, if the prior engineering firm, CEP, is paid for its prior services, these plans could be still used to obtain the final map with an update. Dr. Ferrer0 has attempted communications with RemingtonKarlsbad on numerous occasions to determine their intentions regarding the development of the property. Apparently the limited partners of Remington are non-resident Japanese investors. The only person who has been located that was associated with Remington is an attorney in Virginia who states he has no authority to make any commitments on behalf of the entity. Remington has failed to pay for any property expenses including property taxes. Dr. Ferrer0 (87 years old and still the sole source of care for his 105 year old mother-in-law) and Dr. Spirtos have been paying for all of the expenses in maintaining the property and complying with the city’s conditions such as fencing the property and removing illegally parked boats and vehicles. Dr. Ferrer0 has filed a lawsuit against Remington to impress and foreclose an equitable lien for moneys paid by Dr. Ferrer0 for the maintenance and benefit of the property. Remington never answered the complaint and a default has been taken against Remington. Dr. Ferrer0 is hopeful that when the lien is foreclosed, Dr. Spirtos and he can proceed with the development. Absent cooperation by all owners, it is impossible to convey or encumber property interests which must be accomplished to obtain the final map, finance the development and ultimately sell the residences. Should you have any questions or desire any additional information or documents, please feel free to contact me at any time. I would appreciate receiving a copy of the staff report and notice of any hearings on this request for extension. Sincerely, MOORE & SIULJAN David R. Moore Enclosures as stated RESOLUTION NO. 90-80 Exhibit 4 1 2 3' 4 5 61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING A PLANNING COMMISSION DECISION TO APPROVE A TENTATIVE TRACT, PLANNED UNIT DEVELOPMENT, STANDARDS VARIANCE AND A SPECIAL USE PERMIT TO CONSTRUCT 42 TOWNHOME CONDOMINIUMS SOUTH OF PARK DRIVE AND EAST OF MARINA DRIVE IN THE PC ZONE, WITHOUT ADDITIONAL CONDITIONS REQUESTED BY THE APPELLANT. CT 89-13/PUD 89+/SUP 89-7/W 89-3 - THE HAMPTONS (APPEAL) 7 WHEREAS, on February 17, 1990 and February 21, 1990, the 8 Carlsbad Planning Commission considered a request for approval of CT 89013/PUD 89-5/SUP 8907/SV 89-3, subject to additional 9 10 I( conditions requested by neighboring residents: and WHEREAS, the Carlsbad 11 Planning Commission approved Tentative 12 Map 89-13, Planned Development 89-5, Standards Variance 89-3 and Special Use Permit 89-7 without said additional 17 AJ 14 15 16 17 18 19 20 21 conditions: and WHEREAS, the City Council of the City of Carlsbad, on March 27, 1990 considered an appeal of the Planning Commission decision to approve CT 89013/PUD 890S/SUP 89-7 and SV 89-3 without said additional conditions: and WHEREAS, upon considering the request, the City Council considered all input including staff reports and public testimony from two Planning Commission hearings and one City Council 22 hearing relating to the Tentative Map, Planned Development, 23 Standards Variance, Special Use Permit, and appeal thereof to 24 include the appellant's requested conditions: and 25 WHEREAS, the appellant's requested additional conditions 26 would not further the project's compliance with the General 27 Plan, applicable Local Coastal Program, and Zoning Ordinance. 20 .--_- 7 1 2 3 4 5 6 7 0 9 1c 11 12 12 14 15 1E 17 1E 1: 2c 21 2: 21 24 2! 2t 2' 21 If . . I. i. i. 5. 5. 1. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council the City of Carlsbad, California, as follows: That the above recitations are true and correct. That CT 89=13/PUD 89-S/SUP 89-7/SV 8.9-3, as approved and conditioned by the Carlsbad Planning Commission comply with all applicable plans, policies and development regulations. That the appeal of the Planning Commission decision to approve CT 89013/PUD 89-S/SUP 8907/SV 89-3 without additional conditions requested by the appellant is denied. That the findings of the Planning Commission in Resolution Nos. 2982, 2983, 2984, 2985 and 2986, on file with the City Clerk and incorporated herein by reference, constitute the findings of the City Council in this matter and that no other findings are required or necessary. That CT 89-13/PUD 8905/SUP SS-7/SV 89-3 is approved subject to all conditions of Planning Commission Resolution Nos. 2982, 2983, 2984, 2985, and 2986. That the ridge height of all structures shall not exceed 35 feet. That the onsite fresh water ponds shall convert to reclaimed water subject to the approval of the California Department of Fish and Game when such a water source is available. PASSED, APPROVED AND ADOPTED at a regular meeting of the 3arlsbad City Council held on the 27th day of March I 1990 by the following vote, to wit: AYES : Council Members Lewis, Kulchin, Mamaux and Larson Now: None ABSENT: Council Member Pettine ATTEST: ALETHA L. RAUTENKRANZ, City C (SEAL) 2 . 19 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - I . RESOLUTION NO. 92-244 A RESOLLITlON OF THE ClTY COUNCIL OF THE CRY OF CARLSBAD, CALIFORNIA APPROVING AN EXTENSION OF TIME FOR TENTATIVE MAP NO. CT 89-13, THE HAMPTONS SUBJECT TO CERTAIN CONDlTlONS. WHEREAS, Section 66473.5 of the Subdivision Map Act provides that a tentative subdivision map may not be approved unless it is consistent with all applicable general and specific plans; and WHEREAS, the City Council of the City of Carlsbad, on the 27th day of March, 1990, adopted Resolution No. 90-80 approving, with conditions, Tentative Map CT 89-l 3, including PUD 89-5, SUP 89-7 and SV 89-3; and WHEREAS, the Tentative Subdivision Map would have expired as of March 27, 1992, and the applicant has requested an extension of time which cannot be approved unless the subdivision can be brought into conformity with the General Plan; and WHEREAS, the addition of certain conditions of approval to the subdivision will allow it to be found in conformity with the General Plan and the Developer has agreed to the imposition of such conditions and compliance with them; and WHEREAS, the approval of an extension of Tentative Map CT 89-13 subject to such I conditions, in lieu of denial of the map, will allow the project to go forward avoiding the unnecessary delay to the City and to the Developer involved with the denial, and the new application which would then be approved subject to the same set of conditions; and WHEREAS, both the Developer and the City wish to extend the map subject to the additional conditions. 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 Tentative Map CT 89-13, including PUD 89-5, SUP 89-7 and SV 89-3, is hereby extended for one year from March 27, 1992 to March 27, 1993, subject to the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - execution and fulfillment of all the conditions of Resolution No. 90-80 and the following additional conditions: A. The applicant shall comply with the requirements of the National Pollutant Discharge Elimination Systems (NPDES) permit. The applicant shall provide best management practices to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be approved by the City Engineer prior to approval of the final map, issuance of grading or building permit, whichever occurs first. B. The applicant is aware that the City is preparing an in-lieu fee program as an alternative to the inclusionary requirements stipulated in Policy 3.6b of the Housing Element. If in the development of the in-lieu fee program, it is determined by the City Council in order to find consistency with the Housing Element of the General Plan as well as consistency with Section 66473.5 of the Government Code (Subdivision Map Act), that this project is subject to this ‘fee and building permits have not been issued, the applicant or its successors in interest shall pay whatever reasonable in-lieu fee that is required and in effect at the time of issuance of building permits. lf required fees are not paid, this application will not be consistent with the General Plan and approval for this project will be void. C. The applicant shall defend, indemn’ify and hold harmless the City and its agents, officers, and employees from any claim, action or proceeding against the City or its agents, officers, or employees to attack, set aside, void or null an approval of the Cii, the Planning Commission or City Engineer which has been brought against the City within the time period provided by Section 66499.37 of the Subdivision Map Act. 3. That the Agreement for Waiver of Prohibition against the Imposition of Conditions upon the approval of an extension of a tentative subdivision map between Koulos Construction and the City of Carlsbad, dated May 19, 1992, on file in the office of the City Clerk is approved, and the Mayor is authorized to execute such agreement on behalf of the City. /If /iI //I t/t 10 4. . That this 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 2 3 render thiW@proval void and the map shall not be final. 4 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council 5 held on the 4th day of AUGUST , 1992 by the following vote, to wit: 6 AYES: Council Members Lewis, Kulchin, Stanton, Nygaard 7 NOES: None 8 ABSENT: 9 10 11 Al-TEST: 12 II 13 I 14 ALETHA L. RAUTENKRANZ, City Clerk 16 17 18 19 I 20 21 22 23 24 25 26 27 20 1’ ’ .’ I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 93-137 A RESOLUTION OF THE Ct’lY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ONE YEAR TENTATIVE MAP EXTENSION REQUEST OF CARLSBAD TRACT 8413. THE HAMPTONS WHEREAS, the City Council of the City of Carlsbad on the 27th day of March, 1990, adopted Resolution No. 80-80 approving the tentative map of Carlsbad Tract 8913; and WHEREAS, the City Council of the City of Cartsbad on the 4th day of August, 1992, adopted Resolution No. 92-244 extending the tentative map of Carlsbad Tract 8413 for one year until March 27, 1993; and WHEREAS, the tentative map of Carlsbad Tract 89-13 would have expired on March 27, 1993; and WHEREAS, the applicant is dlllgently pursuing those acts required to obtain a final map; and WHEREAS, the project can found to be in conformance with the General Plan, current City ordinances and current City policies with the modification of certain conditions; and WHEREAS, the applicant has consented to the imposition of such conditions and has agreed to comply with them; and WHEREAS, the project site is being used for the storage of recreational vehicles without the benefit of a Conditional Use Permit as required’by section 21.042010 of the Carlsbad Municipal Code; and WHEREAS, the applicant Is requesting deferral of the development which would prolong the opportunity to store vehicles; and WHEREAS, both the applicant and the City wish to extend the tentative map subject to and relying upon the modified conditions. /Ii I// / 4 ;1 I . 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 - NOW, THEREFORE, BE IT RESOLVED by the City Council of the Clty of Carlsbad, California, as follows: 1. That the above recitations are true and correct. / 2. That with additional conditions contained herein the design and improvements of i the subdivision are consistent with the General Plan, Ties 20 and 21 of the City of Carlsbad Municipal Code, and any public facility or development policies in existence at that time. I 3. That the request for a one year extension until March 27, 1994, of the tentative map for Carlsbad Tract 89-l 3, including PUD 845, SUP 89-7, and SV 89-3, is hereby approved subject to the execution and fulfillment of the conditions of Resolution No. 90-80, Resolution No. 92-244, and the following modifications: A. Condition Nos. 79 through 81 are replaced with the following: 1) The entire potable water system, reclaimed water system and sewer system shall be evaluated In detail to ensure that adequate capacity, pressure and flow demands are met. 2) The applicant shall be responsible for all fees, deposits and charges which will be collected at time of issuance of the building permit. The San Diego County Water Authority capacity charge will be collected at Issuance of application for meter Installation. 3) Sequentially, the applicant’s engineer shall do the following: a) Meet with the City Fire Marshall and establish the fire protection requirements. W Prepare a colored reclaimed water use area map and submit to the Planning Department for processing and approval. C) Schedule a meeting with the District Engineer for review, comment and approval of the preliminary system layout usage (G.P.M. - E.D.U.) plan for potable, rectalmed and sewer systems prior to the preparatlon of improvement plans. l/l //I 1 2 3 4 4) This project is approved upon the expressed condition that building permits will not be issued for development of the subject property unless the water district serving the development determined that adequate water service and sewer facilities are available at the time of application for such water service and sewer permits will continue to be available until time of occupancy. This note shall be placed on the final map. 5 II B. Condition No. 49 is hereby omitted. 10 11 12 13 14 15 16 17 18 19 II 20 21 22 23 C. The property shall be fenced to prohibit vehicular access and posted to the satisfaction of the Planning Director with a notice that it is prohibited parking and storage on the property. Removal of all nuisances and all conditioned measures to prevent creation of further nuisances on the property shall be installed and approved by the Planning Director within 60 days of the adoption of this resolution. D. Failure to comply with condition “C shall nullify the approval of the requested time extension with prejudice. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 18th day of MAY , 1993 by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila NOES: None ABSENT: None AI-f-EST 24 II 25 26 ALETHA L. RAUTENKRANZ, City Clerk 27 // (SEAL) 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 PLANNING COMMISSION RESOLUTION NO. 2982 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A CONDITIONAL NEGATIVE DECLARATION FOR A TENTATIVE TRACT MAP, PLANNED UNIT DEVELOPMENT, SPECIAL USE PERMIT, AND STANDARDS VARIANCE TO DEVELOP A 42 UNIT CONDOMINIUM ON 7.8 ACRES OF LAND IN THE PC ZONE. CASE NAME: THE HAMPTONS CASE NO.: CT 89-13/PUD 89-5/SUP 89-7/SV 89-3 WHEREAS, the Planning Commission did on the 17th day of January, 1990, and on the 21st day of February, 1990, hold a duly noticed public hearing as prescribed by law to consider said request, and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Negative Declaration. NOW, THEREFORE, BE' IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. 8) That based on the evidence presented at the public hearing, the Planning Commission hereby APPROVES the Conditional Negative Declaration according to Exhibit "ND", dated November 15, 1989, and "PII", dated October 25, 1989, and the Mitigation Monitoring Program outlined in Appendix "P" attached hereto and made a part hereof, based on the following findings and subject to the following condition: Findinqs: 1. The initial study shows that there is no substantial evidence that the project may have a significant impact on the environment provided that mitigating conditions of approval are complied with. 2. The site has been previously graded. 3. The streets are adequate in size to handle traffic generated by the proposed project. 4. There are not known sensitive resources located onsite or located so as to be significantly impacted by this project. , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Condition 1. A monitor shall be required onsite during all grading activity who wou have the authority to halt operations should any evidence be found that would indicate that an archeological resource may be present. In the event that resources are found, a subsurface testing program would be implemented to determine the extent of resources and evaluate the significance of the deposit in accordance with the California Public Resources Code, the environmental guidelines applicable to the City of Carlsbad, and Appendix K of the California Environmental Quality Act. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannina Commission of the City of Carlsbad, California, held on the Zlst day of February, 1990, by the following vote, to wit: AYES: Chairperson Schramm, Commissioners: Schlehuber, Erwin, McFadden, Holmes & Marcus. NOES: None. ABSENT: None. ABSTAIN: Commissioner Hall. SHARON SCHRAMM, Chairperson CARLSBAD PLANNING COMMISSION 17 /I ATTEST: 18 . 19 MICHAEL 3. HOaMILLB@ 20 PLANNING DIRECTOR 21 22 23 24 25 26 27 PC RESO NO. 2982 -2- 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COmISSION RESOLUTION NO. 2983 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT ON PROPERTY GENERALLY LOCATED SOUTH OF PARK DRIVE AND EAST OF MARINA DRIVE. CASE NAME: THE HAMPTONS CASE NO.: CT 89-13 WHEREAS, a verified application for certain property to wit: That portion of Lot "I" Ranch0 Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof No. 823 filed in the office of the County Recorder of San Diego County. APN #207-101-01. has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 17th day of January, 1990, and on the 21st day of February, 1990, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) B) . . . . . . . . . . . . . . . . That the above recitations are true and correct. That based on the evidence presented at the public hearing, the Commission APPROVES CT 89-13, based on the following findings and subject to the following conditions: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Findinss: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. The project is consistent with the City's General Plan since the proposed density of 9-7 du's/acre is within the density range of 8-15 du's/acre specified for the site as indicated on the Land Use Element of the General Plan, and is at or below the growth control point of 11.5 units per acre. The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed. The Planning Commission has, by inclusion of an appropriate condition to this project, ensured building permits will not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. School fees will be paid to ensure the availability of school facilities in the Carlsbad School District. Park-in-lieu fees are required as a condition of approval. All necessary public improvements have been provided or will be required as conditions of approval. The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. The proposed project is consistent with the City's Planned Development Ordinance and also complies with the Design Guidelines Manual. The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for multiple residential development on the General Plan. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on November 15, 1989 and recommended for approval by the Planning Commission on January 17, 1990. In approving this Negative Declaration the Planning Commission has considered the initial study, the staff analysis, all required mitigation measures and any written comments received regarding the significant effects this project could have on the environment. PC RESO NO. 2983 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 12. This project is consistent with the City's Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 1. Conditions: 1. 2. 3. 4. 5. 6. Approval is granted for CT 89-13, as shown on Exhibit(s) "A"-"M", dated January 17, 1990, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. The developer shall provide the City with a reproducible 24" x 36", mylar copy of the Tentative Map as approved by the Planning Commission. The Tentative Map shall reflect the conditions of approval by the City. The map copy shall be submitted to the City Engineer prior to building, grading or improvement plan submittal, whichever occurs first. This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the final map. This project is also approved under the express condition that the applicant pay the public facilities fee adopted by the City Council on July 28, 1987 and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or facilities and improvement plan and to fulfil1 the subdivider's agreement to pay the public facilities fee dated March 27, 1989, copies of which are on file with the City Clerk and are incorporated by this reference. If the fees are not paid this application will not be consistent with the General Plan and approval for this project shall be void. The applicant shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. The applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time of building permit application. PC RESO NO. 2983 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. 8. 9. 10. 11. 12. 13. 14. Water shall be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and the Carlsbad Municipal Water District, dated May 25, 1983. This project shall comply with all conditions and mitigation required by the Zone 1 Local Facilities Management Plan approved by the City Council on September 1, 1987, incorporated herein and on file in the Planning Department and any future amendments to the Plan made prior to the issuance of building permits. If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof, imposed by this approval or imposed by law on this project are challenged this approval shall be suspended as provided in Government Code Section 65913.5. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. Approval of CT 89-13/PUD 89-5 is granted subject to the approval of SUP 89-7. The applicant shall provide the following note on the final map of the subdivision and final mylar of this development submitted to the City: "Chapter 21.90 of the Carlsbad Municipal Code establishes a Growth Management Control Point for each General Plan land use designation. Development cannot exceed the Growth Control Point except as provided by Chapter 21.90. The land use designation for this development is RMH. The Growth Control Point for this designation is 11.5 dwelling units per nonconstrained acre. All Parcels were used to calculate the intensity of development under the General Plan and Chapter 21.90. Subsequent redevelopment or resubdivision of any one of these parcels must also include all parcels under the General Plan and Chapter 21.90 of the Carlsbad Municipal Code." The applicant shall establish a homeowner's association and corresponding covenants, conditions and restrictions. Said CC&R's shall be submitted to and approved by the Planning Director prior to final map approval. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. If approved by Coast Waste Management, curbside trash pickup can replace the masonry trash enclosures. PC RESO NO. 2983 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. - All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Planning and Building. The applicant shall submit a street name list consistent with the City's street name policy subject to the Planning Director's approval prior to final map approval. An exterior lighting plan including parking areas shall be submitted for Planning Director approval. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to the issuance of grading or building permits, whichever occurs first. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. The developer shall install street trees at the equivalent of 40-foot intervals along all public street frontages in conformance with City of Carlsbad standards. The trees shall be of a variety selected from the approved Street Tree List. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color. Prior to occupancy of any units, the applicant shall construct a directory sign at the entrance to the project. The design of this sign shall be approved by the Planning Director. The developer shall display a current Zoning and Land Use Map in the sales office at all times, or suitable alternative to the satisfaction of the Planning Director. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets. This project is being approved as a condominium permit for residential homeownership purposes. If any of the units in the project are rented, the minimum time increment for such rental shall be not less than 26 days. A condition so stating this shall be placed in the CC&R's for the project. PC RESO NO. 2983 -5- 21 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 27. 28. 29. 30. 31. 32. 33. 34. As part of the plans submitted for building permit plan check, the applicant shall include a reduced version of the approving resolution/resolutions on a 24" x 36" blueline drawing. Said blueline drawing(s) shall also include a copy of any applicable Coastal Development Permit and signed approved site plan. Prior to issuance of a grading or building permit, whichever comes first, a soils report shall be prepared and submitted to the City of Carlsbad. If the soils report indicates the presence of potential fossil bearing material then a standard two phased program, on file in the Planning Department, shall be undertaken to avoid possible significant impacts on paleontological resources under the direction of the Planning Department. The landscape plan shall include minimum 15 gallon trees and a mix of box size trees to be determined by the Planning Director. Five gallon shall be the minimum shrub size. Design details and materials for perimeter walls, fences, recreation areas, onsite paving, and other items not specifically approved as a part of this application, shall be reviewed and approved by the City Planner prior to issuance of building permits. Any changes made to this approval dated January 17, 1990, as a result of the Coastal Comnission Permit process shall be reviewed for substantial conformance by the Planning Director prior to final map approval or the issuance of a Grading Permit, whichever occurs first. A two-way feed "loop" water system shall be installed. Each unit shall be required to have separate water service and meters. Each unit shall be equipped with an automatic garage door opener. Garage doors shall be of the "roll up" type. Ensineerinq Conditions: 35. 36. 37. The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. The grading for this project is defined as "controlled grading" by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate site inspection and testing to ensure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code. No grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of the affected properties. PC RESO NO. 2983 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 38. 39. 40. 41. 42. 43. 44. 45. 46. A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits. Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. The developer shall exercise special care during the construction phase of this project to prevent any offsite siltation. The developer shall provide erosion control measures and shall construct temporary desiltation/detention basins of type, size and location as approved by the City Engineer. The basins and erosion control measures shall be shown and specified on the grading plan and shall be constructed to the satisfaction of the City Engineer prior to the start of any other grading operations. Prior to the removal of any basins or facilities so constructed the area served shall be protected by additional drainage facilities, slope erosion control measures and other methods required or approved by the City Engineer. The developer shall maintain the temporary basins and erosion control measures for a period of time satisfactory to the City Engineer and shall guarantee their maintenance and satisfactory performance through cash deposit and bonding in amounts and types suitable to the City Engineer. Additional drainage easements and drainage structures shall be provided or installed as may be required by the City Engineer. Prior to approval of the final map the developer 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. Runoff from this project is conveyed to environmentally sensitive areas. The subdivider shall provide adequate means of eliminating grease and oils from drainage prior to discharge. Plans for such improvements shall be approved by the City Engineer prior to issuance of grading or building permit. The developer shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the Tentative Map. The offer shall be made by a certification on the final map for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. Direct access rights for all lots abutting Park Drive shall be waived on the final map. Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final map, the Subdivider shall install, or agree to install and PC RESO NO. 2983 -7- 21 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 47. Improvements listed above shall be constructed within 12 months of final map approval and/or improvement plan approval, whichever occurs first. 48. Unless a standard variance has been issued, no variance from City Standards is authori zed by virtue of approval of this Tentative Map. 49. The developer shall construct private street accesses to public streets in such a way as to clearly designated that the private streets are not a portion of the public street system. The developer shall place a plaque-type sign with the legend, "PRIVATE STREET BEYOND THIS POINT", at the access point to private streets from public streets. The script on the sign shown above shall be capital letters of a size and contrast such as to be readable for a normally sighted person at a distance of 20 feet. The provisions of this condition shall be met to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy for any portion of this project. 50. The developer shall install street lights along all public and private street frontages in conformance with City of Carlsbad Standards. 51. The developer shall install sidewalks along all public street frontages of this project in conformance with City of Carlsbad Standards prior to occupancy of any buildings, except for Marina Drive for which there is a standards variance to reduce the sidewalk width by 6 inches to 4.5 feet wide. 52. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. 53. 54. Should the developer decide to final map and develop phases out of numerical sequence with the approved phasing as shown on the tentative map all conditions required of the preceding phases shall be completed. The design of all private streets and drainage systems shall be approved by the City Engineer prior to approval of the-f inal map for this project. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City, and the standard secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements to City Standards to the satisfaction of the City Engineer: A. Full half-street improvements to Park Drive along the project frontage. B. Full half-street improvements to Laguna Shores Place including the west half of the cul-de-sac. C. Full half street improvements to Marina Drive along the project frontage as amended by these conditions and actions. PC RESO NO. 2983 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 56. 57. 58. 59. 60. 61. improvement plan check and inspection fees shall be paid prior to approval of the final map for this project. The developer shall provide an acceptable means for maintaining the easements within the subdivision and all the streets, sidewalks, street lights, storm drain facilities and sewer facilities located therein and to distribute the costs of'such maintenance in an eauitable manner among ' the owners of the units within the subdivision. The Subdivider shall provide separate sewer, water, gas, and electr i services with meters to each of the units. The developer shall be responsible for coordination with S.D.G.&E . Pacific Telephone, and Cable TV authorities. Some improvements shown on the Tentative Map and/or required by these conditions are located offsite on property which neither the City nor the subdivider has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The subdivider shall conform to Section 20.16.095 of the Carlsbad Municipal Code. Approval of this tentative tract map shall expire twenty-four months from the date of City Council approval unless a final map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied at the discretion of the City Council. In approving an extension, the City Council may impose new conditions and may revise existing conditions. This project has been reviewed for conformancy with the grading ordinance and found to be a project for which a grading permit is required. Prior to any building permits being issued for the site, a grading plan in conformance with City Standards and Section 11.06 of the Carlsbad Municipal Code, must be submitted, approved and grading work must be completed to the satisfaction of the City Engineer. All slopes within this project shall be graded no steeper than two horizontal to one vertical unless specifically approved otherwise pursuant to these conditions. The developer shall construct sidewalks 4 feet in width plus 0.5 foot for top of curb for the interior private streets as shown on the Tentative Map and also at the following locations. A. Adjacent to the easterly curb along Hampton Court from Portsmouth Place northerly to the parking stalls at the north end of the cul- de-sac. B. Adjacent to the southerly curb along Portsmouth Place from the easterly dead-end westerly around the curve at Manhasset Court. A stairway shall also be constructed down the slope to connect the onsite sidewalk system to the existing sidewalk on Marina Drive. PC RESO NO. 2983 -9- . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 62. 63. 64. 65. 66. 67. 68. This project is approved subject to the condition that the developer share equally with the developer of the adjacent property to the east (Laguna Shores, CT 88-l) in the cost of constructing a pedestrian access ramp from the terminus of Laguna Shores Place, southerly to the sand beach at Agua Hedionda Lagoon, subject to the approval of the Planning Director, the Director of Parks and Recreation, the Coastal Commission and the Department of Fish and Game. This access ramp should not exceed a 10% slope. The developer shall also share equally with the developer of the adjacent property to the east (Laguna Shores, CT 88-l) in the cost of constructing: a) steel posts at the top of the ramp to prohibit vehicular access, and b) a five foot high permanent chain link fence along both sides of this ramp to the five foot topography line at the lagoon's edge. Prior to the issuance of building permits the developer shall reimburse the developer of the adjacent property to the east (Laguna Shores, CT 88- 1) their l/2 share of the cost of constructing the improvements listed in the prior condition. If the Hamptons project builds before the Laguna Shores project, then the developers of Laguna Shores shall reimburse the developers of the Hamptons their l/2 share of the cost of constructing these improvements. This project is specifically approved giving the developer the opportunity of obtaining a grading permit for surcharge grading prior to the issuance of a final map. A grading plan in conformance with City Standard and Section 11.06 of the Carlsbad Municipal Code of the proposed surcharge grading must be submitted and approved and a permit obtained from the California State Coastal Commission prior to the issuance of the surcharge grading permit. Grading shall not be permitted from October 1 to April 1 unless approved by both the California Coastal Commission and the City of Carlsbad City Engineer. A geologist shall recommend a monitoring program of settlement and issue a final report approving the site for building construction. No building permits will be issued until said final report is submitted to and approved by the City Engineer. The developer shall submit approval of the California State Coastal Commission prior to final map approval. The developer shall make an offer of dedication to the City for Park Drive along the subdivision frontage based on a centerline to right of way width of 34 feet and of Laguna Shores Place along the subdivision frontage based on a centerline to right of way width of 28 feet. All offers shall be made by a certificate on the final map for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. PC RESO NO. 2983 -lO- . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 69. The developer shall make an offer of dedication to the City for Marina Drive along the subdivision frontage of an additional 8 feet of public right of way. This will result in a substandard right of way width which is considered included in the standards variance approval from the Planning Commission. Fire Conditions: 70. 71. 72. 73. 74. 75. 76. 77. 78. Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department. Additional public and/or onsite fire hydrants shall be provided if deemed necessary by the Fire Marshal. An all-weather access road shall be maintained throughout construction. All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. Proposed security gate systems shall be provided with "Knox" key operated override switch, as specified by the Fire Department. All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "No Parking/Fire Lane - Tow Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code. Fire retardant roofs shall be required on all structures. All fire alarm systems, fire hydrants, extinguishing systems, automatic mitted sprinklers, and other systems pertinent to the project shall be sub to the Fire Department for approval prior to construction. Building exceeding 10,000 sq. ft. aggregate floor area sha sprinklered or have four-hour fire walls with no openings therein shall split the building into 10,000 sq. ft. (or less) areas. 11 be which Carlsbad MuniciDaT Water District Conditions: 79. The entire potable and non-potable water system/systems for subject project shall be evaluated in detail to ensure that adequate capacity and pressure for domestic, landscaping and fire flow demands are met. 80. The developer's engineer shall schedule a meeting with the District Engineer and the City Fire Marshal and review the preliminary water system layout prior to preparation of the water system improvement plans. 81. 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. PC RESO NO. 2983 -ll- . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 82. 83. 84. 85. 86. 87. 88. 89. 90. 91. 92. . . . . . . Cates which would allow for direct access to the lagoon buffer area from private patios are prohibited. The on-site fresh water ponds shall be fenced with wrought iron and lockable gates to the satisfaction of the City Planner if their ultimate depth of the ponds exceeds 24". Provide at least a 100 foot wide buffer from the wetlands boundary. Provide suitable fencing to protect the salt marsh and mitigate for the loss of 64 square feet of isolated salt marsh through preservation of adjacent salt marsh. Creation of a small freshwater pond area for use by wildlife. The department suggests that three plant species be deleted from the project due to their potential for invasion into the natural lagoon surroundings. They should be replaced by others as we have listed for each one: TO BE DELETED REPLACEMENT MvoDorum pacifica Rhus Intesrifolia, lemonade-berry Acacia oecoffverde Acacia minuta Ceanothus oriseus Ceanothus verruscosus The bath house shall be reduced to a single story height which will not adversely affect views from Park Drive. A permanent public access easement and sidewalk shall be provided from Marina Drive to the 100 foot buffer area. The project irrigation shall be designed to be easily adapted to a reclaimed water system. No structures other than sidewalks shall be constructed within the 100 foot buffer area. The Codes, Covenants and Restrictions shall: a. limit the height of recreational vehicles being stored on-site within the storage area to seven feet in height; and b. prohibit at all times any obstruction of on-site sidewalks. This prohibition shall include but not be limited to parking in the driveways of units having less than a 20 foot setback from interior streets. PC RESO NO. 2983 -12- U3 , . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning ' Commission of the City of Carlsbad, California, held on the Zlst day of I February, 1990, by the following vote, to wit: AYES: Chairperson Schramm, Commissioners: Schlehuber, Erwin, McFadden, Holmes & Marcus. NOES: None. ABSENT: None. ABSTAIN: Commissioner Hall. SHARON SCHRAMM. Chairperson CARLSBAD PLANNING COMhISSION ATTEST: PC RESO NO. 2983 -13- m r* l PROOF OF P”BLIC,~ON (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, under the dates of June 30, 1989 (Blade-Citizen) and June 21, 1974 (Times- Advocate) case number 171349 (Blade-Citizen) and case number 172171 (The Times-Advocate) for the cities of Escondido, Oceanside, Carlsbad, Solana Beach and the North County Judicial District; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: May 30, 1997 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Date%%%?rnia, this 3oth day +c,d&-~ir~ ------ NORTH COUNTY TIMES Legal Advertisina This space is . , the County Clerk’s Filing Stamp Proof of Publication of Notice of Public HEairng _________-__-_------------ _______________-__-_------ .vmws"l.." 1- * ^I.?"** 7 - c NOTICE OF PUBLIC HEARING TENTATIVE MAP EXTENSION-CT 89-13 THE HAMPTONS NOTICE IS HEREBY GIVEN to Council of the Ci A portion of Lot 1 of Rancho Agua Hedionda in the City of Cartsbad, according to Map thereo No. 823, filed in the Offke’of the San Diego County Recorder. If you havs any questions re this matter, please call Ken 8 arding uon If you challenge the Tentative Map Extension in court, you may be limited to raising only those rssues raised by you or someone else at the public heanng described in this notice, or in wntten correspondence delivered to the Crty of Carlsbad, City Clerks Dffice, at or prior, to, the public hearing. The trme within which you may judicially challenge this tentative map extension, If approved, IS established by state law and/or city ordinance, and is very short. Applicant: David R. Moore for Dr. Nino Ferrer0 CARLSBAD CITY COUNCIL Legal 49750 May 30,1997 LOCATION MAP *“it” *“’ -,‘,,E ,,,jM,X,-ONS :E{i ‘“i”’ .-. NOTICE OF PUBLIC HEARING TENTATIVE MAP EXTENSION - CT 89-13 - THE HAMPTONS NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m., on Tuesday, June 10, 1997, to consider an application for a one year extension of time for Tentative Map CT 89-13, (including PUD 89-5, SUP 89-7, and SV 89-31, for The Hamptons, a 42 unit residential subdivision, on property generally located on the south side of Park Drive, east of Marina Drive, in Local Facilities Management Zone 1, and more particularly described as: A portion of Lot 1 of Ranch0 Agua Hedionda in the City of Carlsbad, according to Map thereof No. 823, filed in the Office of the San Diego County Recorder. If you have any questions regarding this matter, please contact Ken Quon, in the Engineering Department, at 438-1161, extension 4380. If you challenge the Tentative Tract Map Extension in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk's Office at, or prior to, the public hearing. The time within which you may judicially challenge this tentative map extension, if approved, is established by state law and/or city ordinance, and is very short. APPLICANT: David R. Moore for Dr. Nino Ferrer0 and Dr. Jack Spirtos PUBLISH: May 30, 1997 CARLSBAD CITY COUNCIL , :. ,._ .’ BRISTOL COVE PROPERTY OWNERS A 7720 EL CAMINO RF 2A CARLSBAD CA 920~ BRUCE L JOYCE ROELOFS 4533 COVE DR A CARLSBAD CA 92008 THOMFSON 412 CAZADOR LN SAN CLEMENTE CA 92672 DOUGLAS & HILDA YOUNG 1852 APACHE CIR PALM SPRINOS CA 92264 CHESTER N WILLIAMS PO BOX 121 DANA POINT CA 92629 KAPLAN 9881 BELLSHIRE DR HUNTINGTON BEACH CA 92646 ANDREW D k KRISTEN FILIPPI 4637 PARK DR 3 CARLSBAD CA 92008 FRANK A t BARBARA DWA 2050 MACARTHUR AVE CARLSBAD CA 92008 JAYNE K AKAMINE 4637 PARK DR 9 CARLSBAD CA 92008 ERNEST E 0 BETTY THORNTON 2132 VISTA LAREDO NEWPORT BEACH CA 92660 . LOUIS b HARY VALLONE 1024 GRANADA AVE SAN NARINO CA 91108 JESSIE G SCHULTZ 4705 MARINA DR 4 CARLSBAD CA 92008 MICHAEL J LEAHY 2210 CRENSHAW BLVD LOS ANGELES CA 90016 DARREN D#i’IS 4533 COVE DR B CARLSBAD CA 92008 THOMAS R LEWIS 510 E BALBOA BLVD NEWPDRT BEACH CA 92461 DORIS EL6 227 HUNTINGTON IRVINE CA 92620 JAY K C CHERIE FITZPATRICK 4519 COVE DR 3 CARLSBAD CA 92008 PAUL C SNITH 8211 SOMERDALE LN LA PALRA CA 90623 FRANK A I BARBARA DWA 2050 MACARTHUR AVE CARLSBAD CA 92008 SOLANGE ADERHDLDT 4637 PARK DR 7 CARLSBAD CA 92008 MULLIN 3W OAK AVE CARLSBAD CA 92008 ELIZABETH F MARTIN PO BOX 954 CARLSBAD CA 9201s CHASIN 500 N THE STRAND 53 OCEANSIDE CA 92054 JAMES E t SHELL1 HALLIDY 2732 FOREST PARH LN CARLSBAD CA 92008 ALBERT S L MARIE KARAM 645 LYNWCIOD ST THOUSAND OAKS CA 91360 HELEN E PEDGRIFT 4535 COVE DR A CARLSBAD CA 92GG8 HALIN B SHAW 21007 E MESARICA RD COVINA CA 91724 RICHARD K t PUTNAfl MAHLER 4519 COVE DR 7 CARLSBAD CA 92008 DOLORES A KAULBACH 4519 COVE DR 2 CARLSBAD CA 92008 GUILL JAHES C JUDITH 91 KALAELOA BLVD 185 KAPOLEI HI 96707 BROOK D s( KATHLEEN 4320 BROOKS WAY CARLSBAD CA 92008 JACGUELINE CADIC 4637 PARK DR 8 CARLSBAD CA 92008 OLSEN ROBERT P DONNA SWEDELSON 25 SHOREBIRD IRVIM CA 92604 RUTH fl KUKKONEN 6217 OAKRIDGE RD SAN DIE20 CA 92120 STEPHEN L SALAS 10345 W OLYMPIC BLVD LOS ANGELES CA 90064 EMMETT C & DE JOHNSON 7240 TARTAN CURV EDEN PRAIRIE MN 55346 - . 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Moore Moore & Skiljan Attorneys at Law 7700 El Camino Real, Suite 207 Carlsbad, CA 92009-8505 Re: Request for a One Year Time Extension - Carlsbad Tract 89-13, The Hamptons The Carlsbad City Council, at its meeting of June 10, 1997, adopted Resolution No. 97-484, granting a one year time extension for the tentative map of Carlsbad Tract 89-13, the Hamptons. As a courtesy, enclosed is a copy of Resolution No. 97-484 for your files. g%MC Assistant City Cler KRK:ijp Enclosure 1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (760) 434-2808