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HomeMy WebLinkAbout1981-12-15; City Council; Resolution 67481 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2c 21 22 22 24 25 26 23 2E RESOLUTION NO. 6748 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR TENTATIVE MAP CT 77-6 SUBJECT TO CERTAIN CONDITIONS. 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 17th day of May, 1977, adopted Resolutions No. 5085 and No. 5086 approving, with conditions, Tentative Map CT 77-6 and Planned Unit Development PUD-10; and WHEREAS, Tentative Map CT 77-6 is now inconsistent with the general plan of the City of Carlsbad because the City Council has found that public facilities are inadequate; and WHEREAS, said Tentative Subdivision Map will expire on December 30, 1981 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 to be in conformity with the general plan and the developer has requested the impo- sition of such conditions and agreed to comply with them; and WHEREAS, the approval of an extension of Tentative Map CT 77-6 subject to such conditions, in lieu of denial of the map, will allow the project to go forward avoiding the unnec- essary delay to the City and to the Developer involved with 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 IT RESOLVED by the City Council of the City of Carlsbad, California as follows: A. That the above recitations are true and correct, B. That Tentative Map CT 77-6 and Planned Unit Develop- ment PUD-10 are hereby extended for one year from December 30, 1981 to December 30, 1982, subject to the execution and fulfill- ment of all the conditions of Resolutions No. 5085 and 5086 and the following additional conditions: 1) This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated August 29, 1979, 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 a copy of that agreement dated December 1981 is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and approval for this project shall be void. 2) The applicant shall provide a school availability letter from the Carlsbad Unified School District prior to the final map approval. C. That the agreement for waiver of prohibition against the imposition of conditions upon the approval of an extension of a tentative subdivision map dated December 1981 between Thomas W. Carroll and Jean C. Carroll and the City of Carlsbad, marked Exhibit A and attached hereto, is approved and the Mayor is authorized to execute such agreement on behalf of the City. D. 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 render this approval void and the map shall not be final. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 * 16 17 1E 1s 2c 23 22 2: 24 2: 2f 27 2E PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 15th. day of Decenber , 19 81, by the following vote, to wit: - AYES : NOES: "e C"ci.1 Wers Packard, Casler, Anear, Lewis and Kdchin ABSENT: None /RONALD c. PACKARD, Mayor ATTEST: ALETHA L. RAUTeNKRANZ, City C)lerk (SEAL) 3 AGREEMENT FOR WAIVER OF PROHIBITION AGAINST THE IMPOSITION OF CONDITIONS UPON THE APPROVAL OF AN EXTENSION OF A TENTATIVE SUBDIVISION MAP This Agreement is made this STg day of &wc@za 19- between the City of Carlsbad, a municipal corporation, c (hereinafter called "City") and 1 fleap~s a, e,$mLL I a uo 3a4hd c c&mCL(hereinafter called "Subdivider"). 1. 2. RECITALS Government Code Section 66452.6(e) and Carlsbad Municipal Code Sections 20.12.110 and 10.24.180 permit Subdividers to 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"). El 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 the time for expiration of a tentative subdivision map, but also held that the City does have discretion to approve or deny such extensions. 13' , ‘1 1 3. 4. 5. 6. .7. Government Code Section 66452.6(d) and Carlsbad Municipal Code Sections 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 processing a new tentative subdivision map. Subdivider has requested City to approve the extensioin of t time for Tentative Subdivision Map No. m 77-6 which was initially approved on Pl lav \1. s??? . 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. 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. 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 2. e 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. Since the initial approval of the Tentative Subdivision Map there may have been changed circumstances which require additional conditions of approval on the extension of the 9. . Tentative Subdivision Nap 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 ' IO. mentioned above or conditions necessary to protect the public health, safety or welfare, or the environment or 11. 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 ox the environment are 3, .. 12. 13. .... .". .... ~ .... ..&..I ... protected or that the general plan or Municipal Code requirements are satisfied. said Tentative Subdivision Map without assurances that the Approval of the extension of i 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 €or 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. Subdividzr realizes that denial of the requested extension could result in the expiration of the tentative subdivision b ... 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. 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 4. /lE *. . I, . I- o . ./ 0 be contrary to the public health, safety, and welfare. . NOW, THEREFORE, in consideration of the recitals and of the z i mutual covenants set forth herein, City and Subdivider agree as follows: .1 , i 1 4 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 deems appropriate. Subdivider knowingly and voluntarily waives any and all 2. rights to the unconditioned extension of Tentative b .. Subdivision Map No. CT- 7TU& . 3. Subdivider knowingly and voluntarily consents to the imposition of a condition of approval of the extension of Tentative Subdivision Map No. cq--%?- 6 the payment of any fees which may be in effect at the time which requires .- of approval of the final subdivision map for said subdivision or any portion thereof and to the following 4, The provisions of Carlsbad Municipal Code Sections 20.12.110 and 20.24.180, as appropriate, shall govern the extension of the map which is the subject of this agreement, 5. If this agreement is for an extension of tentative +'subdivision map for a minor subdivision, the appeal of the City Engineer's approval, or conditional approval, of the 5. t 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 1. comply with any other conditions applicable to the ' extension shall 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. CITY OF CARLSBAD, a municipal ATTEST : . corporation BY MAYOR (Malor Subdlvislons) CITY ENGINEER (Minor Sub- divisions) ALETHA Le City Clerk APPROVED AS TO FORM: - __ ._ -- EXHIBIT A CONDITIONS 'FOR APPROVAL OF TENTATIVE MAP EXTENSION FOR CT 77-5 1) This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by City Council Policy No, 17, dated August 29, 1979, 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 a copy of that agreement datedCeCember- herein by reference. If said fee is not paid as promised, this application will not be consistent with the Generai Plan and approval for this project. shall be void, . .*S, 1981 is on fife with the City Clerk and incorporated 21 The applicant: shall provide a school availability fetter from the Carlsbad Unified School District prior tu the final ..- map. . _-_ .