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Home My WebLink About2005-03-15; City Council; 18019; Tolling Tentative Map Cantarini/Holly SpringsC k! t a a a C P C I- F c: U r H E C U 4B# 18,019 ATG. 3/15/2005 IEPT. ENG - TITLE: Approving Tolling the Tentative Map for CT 00-1 8/CT 00-21 CantarinVHolly Springs Project CITY ATTY.& RECOMMENDED ACTION: Adopt Resolution No. 2005-069 Cantarini/Holly Springs Project. approving tolling the Tentative Map for CT 00-18/CT 00-21 ITEM EXPLANATION: On January 5, 2005, the City of Carlsbad was served with a lawsuit regarding certification of the Environmental Impact Report (EIR) for CT 00-1 8/CT 00-21, CantarinVHolly Springs Project. In accordance with Carlsbad Municipal Code Section 20.12.100, tolling the expiration date of a Tentative Map is permitted during litigation involving the project upon timely application to the City Council stating the reason for the requested stay. The application was timely filed and contained all the required information (see letter dated January 14, 2005, Exhibit 1). Council can choose to grant the stay for the length of the litigation, for a period of up to five years or deny the requested stay. Pursuant to the Municipal Code, the City Engineer has notified all parties involved in the litigation of the date this application is to be heard and the City Engineer supports the tolling of the Tentative Map for CT 00-1 8/CT 00-21 , Cantarini/Holly Springs Project. FISCAL IMPACT: There is no fiscal impacted related to this action. EXHIBITS: 1. Copy of letter requesting tolling of Tentative Map. 2. Vicinity Map 3. Resolution No. 2005-069 approving the tolling for Tentative Tract Map No. CT 00-18/CT 00-21 Cantarini/Holly Springs Project. DEPARTMENT CONTACT: Jeremy Riddle, Engineering (760) 602-2737, jridd@ci.carlsbad.ca.us , LUCE Fo~mm ATTORNEYS AT LAW * FOUNDED 1873 LUCE, Fnnwmo, HAIIIUO~ & Sc~lpps UP 858.720.6300 858.720.6306 tax wwwluce.com Januy 14,2005 VIA FACSIMILE AND U.S. MAIL (760) 602-8562 Mr. Glenn Pruim City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 Re: Cantarini/Holly Springs Request for Tolling of Tentative Map Expiration Date purfllant to Carlsbad Municipal Code Section 20.12.100(c) Dear Mr. Pruim: As you may know, Prcserve Calavera has challenged the EIR for the CautarhQHolly Springs projects approved by the City Council on December 7,2004. I represent the applicants, David Bentley and Bentley Monarch Joint Venture and request that the City toll the tentative map and associated permit expiration dates pursuant to Carlsbad Municipal Code Section 20.12.100(c) during the pendency of the lawsuit (Preserve Calavera v, Citv of Carlsbad, Case No. GIN041593). In a telephone Conversation earlier today with the City Attorney Ron Ball, I advised him we would be making this request simply to toll the expiration date for both the (1) Can& Ranch Tentative Map and associated p&ts (CT 00-1WSDP Ol-lO/HDP 00-09) and (2) Holly Springs Tentative Map and associatedpermits (CT OO-Zl/HDP 00-12). Other than my clients, the only other parties to the litigation is the Petitioner, Preserve Calavera, c/o Everett L. DeLano III, Esq., Law Offices of Everett L. DeLano El, 220 W. Grand Ave., Escondido, CA 92025, and the City of Calsbad. Please consider this letter the “application” for a tolling of the pending expiration dates as outlined above. EXHIBIT 1 LUCE FORWARD AlTORNEYS AT UW FOUNDED IS73 LucE, Fonwm, Hilriuwr & Sclltpps UP Mi. GlmPruim January 14,2005 Page 2 If you have any questions, please do not hesitate to call me. Thanlr you for pur considdon. Of LUGE, FORWARD, -TON & SCRIPPS LLP Rwdb cc: Mr. David M. Bentley (via Fax) Don Steffmm, Jr. Esq. (Via Fax) Ronald R Ball EsqJCity Attorney (via Fax) 203 1605.1 3 SlTE CANTARINI RANCH/HOLLY SPRINGS EXHIBIT 2 4 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2005-069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING TOLLING THE SPRINGS PROJECT TENTATIVE MAP FOR CT 00-1 8/00-21 CANTARINVHOLLY WHEREAS, Developer submitted a written request to toll the expiration date of the Tentative Map for CT 00-1 8/CT 00-21 Cantarini/Holly Springs project (Development); and WHEREAS, there is pending litigation involving the Development; and WHEREAS, pursuant to Carlsbad Municipal Code Section 20.12 tolling may be granted during litigation; and WHEREAS, all parties involved in the litigation have been notified of this application; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. City Council approves tolling the Tentative Map CT 00-1 8/CT 00-21 Cantarini/Holly Springs Project for the length of the litigation but shall not exceed a period of 5-years. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 15th day of MARCH , 2005 by the following vote, to wit: AYES: Council Members Lewiflall, Kulchin, Packard, Sigafoose ATTEST (SEAL) S - City of Carlsbad NOTICE OF CITY COUNCIL MEETING In accordance with CMC 20.12.100, NOTICE IS HEREBY GIVEN to you that City Council of the City of Carlsbad will consider an application to approve tolling the Tentative Map for CT 00- 18/CT 00-21 Cantarini/Holly Springs Project in Council Chambers, 1200 Carlsbad Village Drive, Carlsbad CA, at 6:OO p.m. on Tuesday, March 15, 2005. Copies of the agenda bill will be available on March 11, 2005. If you have any questions, please call Jeremy Riddle in the Engineering Department at (760) 602-2737. CASE FILE: CT 00-1 8/ CT 00-21 CASE NAME: Approving Tolling Tentative Map for CT 00-1 8/CT 00-21 Cantarini/Holly Springs Project PUBLISH: March 4,2005 CITY OF CARLSBAD CITY COUNCIL 1635 Faraday Avenue Carlsbad, CA 92008-731 4 - (760) 602-2720 FAX (760) 602-8562 @ Smooth Feed SheetsTM CITY OF CARLSBAD - ENGINEERING AllN: JEREMY RIDDLE 1635 FARADAY AVENUE CARLSBAD, CA 92008 CITY OF CARLSBAD - CITY AlTORNEY AllN: RONALD KEMP 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 PRESERVE CALAVERA C/O EVEREll L. DELANO 111, ESQ. LAW OFFICES OF EVERETT L. DELANO 111 220 W. GRAND AVENUE ESCONDIDO, CA 92025 RONALD W. ROUSE LUCE, FORWARD, HAMILTON & SCRIPPS, LLP 11988 EL CAMINO REAL SUITE 200 SAN DIEGO, CA 92130 aAMRY@ Address Labels Use template for 5160@ Laser 5160@