HomeMy WebLinkAboutCT 94-01; Poinsettia Shores; Tentative Map (CT) (19)RCU BY:XEROX TELECOPIER 7010 ; 7- 5-94 3:42PM J 714 351 2014^ 6194380894;tt 2
JUL 05 '94 15:41 BPKD -851-3014 /*N P.£
BOWIE, ARNESON, KADI, WILES & GIANNONE
A PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
4920 CAMPUS DRIVE
ALEXANDER BOWIE' NEWPORT BEACH, CAIJFORNIA 92660 AREA CODE 714
JOANC.ARNESON TELEPHONE 851 -1306
WILLIAM], KADI FAX (714)851-2014
WENDY H. WILES
PATRICIA & GIANNONE M? owi FUE
ROBERT E.ANSLOW
ERIC R. DQERING \f\A^ T>KENNETHS. LEW JU^.i^
ARTOJ. NUUT1NSN JulV 5 1Q04
JANET L MUELLER y '
K1MBERLY A. McMURRAY
* A PROfiSSWNAJ, QORKMATIOM
Via Facsimile & U.S. Mail
Mr. Eric Munoz
Staff Planner
City of Carlsbad
2075 Las Palmas
Carlsbad, CA 92009
Re: CT 94-01/HDP 94-03 - Poinsettia Shores Master Tentative Map
Dear Mr. Munoz:
This firm represents the Carlsbad Unified School District ("District"). The District
had prior to this point in time anticipated executing a mitigation agreement with the Kaiza
Poinsettia Corporation (the "Developer"), the applicant for the proposed Poinsettia Shores
Master Tentative Map (CT 94-01/HDP 94-03) (the "Project"). It is presently anticipated that
approval of a mitigation agreement will occur after consideration of certain issues by the
Board of Trustees of the District on July 13, 1994. This letter is therefore submitted pending
the execution of such mitigation agreement, and to memorialize our discussions relative to the
Project, which will be considered by the Planning Commission of the City of Carlsbad at its
July 6, 1994 meeting.
In this regard we understand that although Finding No. 6 of the proposed Planning
Commission Resolution No. 3678, included with the staff report for the Project, provides for
the payment of school fees or the execution of a school mitigation agreement to ensure the
availability of school facilities to serve the Project, you have indicated that Condition No. 14
of Planning Commission Resolution No. 3678 will be the operative school facilities impact
mitigation condition relative to the Project. Based on our discussions with you, we
understand that Condition No. 14 requires the Developer to demonstrate evidence to the
satisfaction of the Planning Director of school impact mitigation prior to map approval, and
that Condition No. 14 is included in order to conform with the mitigation condition applied to
this Project's related General Plan Amendment (GPA 94-01) as approved by the City Council
on January 4, 1994. That condition of approval provides thai no final map may be approved
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RCU BY!XEROX TELECOPIER 7010 ; 7- 5-94 3:42PM i 714 851 2014H» 6194380894;8 3
JUL 05 '94 15:42 BAKD O'851-2014 "*N P.3
BOWIE, AUNESON, KADI, WILES & GIANNONE
Mr. Eric Munoz
Planning Commission of the City of Carlsbad
July 5, 1994
Page 2
until after the Developer can provide evidence to the Planning Director that a school
mitigation agreement has been executed by both the Developer and the District.
Thank you again for your cooperation.
Very truly yours,
BOWIE, ARNESON, KADI,
WILES & GIANNONE
cc: Mr. Ron Ball
Mr. William Reavey
Dr. George Mannon
Mr. John Blair
Mr. Alexander Bowie
utinen