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HomeMy WebLinkAbout1982-06-15; City Council; Resolution 69002 4 3 . WHEREAS, Section 66413.5 of the Subdivision Map Act provides rhnt a tentative subdivisi.on map may not be approved unless it is cvnsistent wieh a?.l applicable general 1 and specific RESGLUTXON NO. 6900 A RESOLUTION OF TEE CITY COUNCIL OF THE CITY OF CARLSBAC, CALTFORNIA, APPROVING AN EXTENSION OF TIME: FOE TENTATIVE MAP CT 79-18 SUBJECT TO CERTAIE CONDLTIOMS. ---I_-_I_~I__ :L4 l5 17 l6 l8 ’‘ with the general plan of the City of Carlsbed because the City Council has f~iind that public facilities are inadequate; and WI-IEEEhS: said Tentative Subdivision Map will expj-re on and ‘the ‘applicant has requested ---- June 20, 1982 ----- I an extension of time vhich connotr be approved unless the subdivision can be brought inro conformity with the general plan; I WHEF-KAS, the City Councj.1 of the City of Carlsbad or? the day of .”-_- December ,. 1979, adopted Resolution KO. 201 ap~roving, with conditions TenLzative Ya? --I --- 601 9 - CT 79-18 and CP-21; and was granted a one-year extension of time on May 19, 1981 per City Council Resolution No.6518. . - --- - l__l----- I_ and WI-IEREAS the addition of certain conditions of approval 1.3 // 23 22 FU’FIEREAS, Tentative Map CT 79-18 is now incons is t ent to the subdivision will allow it to be found to be in conformity with the general plan and the Cevel.oper has requested the I 26 27 2 8. z 2 3 4 5 l. I 1 2 2 21 2 2 2 '2 2 2 € 'E 1 3. WHEREAS, the I approval of an extension of Teztative !Lap CT -- 79-18 subject to such conditions, in lieu of decLal of t?+e map, will allow the project to go forward avoiding tle unnecessary delay to the City 2nd to the Developer i-_volv?d ;;ith denial subject to the same set of conditions; and the new application which would then be ay?rovsd and WKEXEBS, both the Developer and the City wish to exzend the map subject to the additional condition; NOW, THEREFORE, BE IT RESOLVED by the City CooncL1 ?f the City of Carlsbad, California, as follows: A. That the above recitations are true and correct; B. That Tentative Map I CT 79-18 and CP-21 _--___I-- are hereby extended for ore year 5rom to June 20, 1983 , slzbject - June 20, 1982 - to the execution and fulfillaent of all the ccnditiots of Liesolution No. s 6019 and 6518 and the f ollcwing additional condition: (1) This approval is expressly conditioned 3n t5e payment by the applicant of a public fa:iilit:Les fee as required by City Council Policy No. 17, <.ate4 February 24, 1982 and effective April Z, 1982, on file with the City Clerk and incorporared here52 by reference, and according to the agreemezt exec-ted TS by the applicant for payment,of said f?z. said fee is not paid as prornj.sed, this apTlization :.-ill not be consi.srent with the General PLsr. and th? project cannot proceed and this approvzl shall 5e void. C. That the agreement for waiver of prohibi~ion agsinst the imposition of cond'itions upon the approval of an 2xtensicz of bttweer? a tentative subdlvison map dated -- 'May 27, 1982 MC&D Capital Corporation . - and the: City of Carlsbad, marked -----.--- ~ -_-.--- ..I . ., -. J 1 J I” 2 2 2 2 9 IJ 2 2 2 2 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 agfeement. 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the Ci.ty Council of the City of ‘Carlsbad, California, held on the , 1982, by the following vote, to - 15th day of June _--- wit: ATTESY: AYES: NOES:. ABSENT: n Council Menhers Casler, kds, Kulcw and Chick None None I. ( SEAL 1 c .- a, 0 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 225 day of I 1092 I&_ between the City of Carlsbad, a municipal corporation, (hereinafter called "City") ani; L (hereinafter called "Subdivider") . RECITALS 1.' Government Code Section 66452.6(e) and Carlsbad \ Municipal Code Sections 20.12.110 and 10.24.180 permit Subdividers I 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"). to * 2. E1 Patio v. Permanent Rent Control Board, 110 Cal. App.3d 915, modir'ied ill Cal. App 3d 788 (1380) 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. I’ *I . . ‘V . t .. .. 3. Government Code Section 66452.6(d) and Carfsbad 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 . 4. , Subdivider has requested City to approve the extensioin of time for Tentative Subdivision Map No. c 79- /,f which was initially approved on IoiTL, /kip IS70i . I b 5.. Since the approval of said Tentative Subdivision Map, City has conducted studies which show that the-construction of certain drainage facilities OK 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. 6. Since the approval of said Tentative Subdivision Map, City has adopted a major drzinage fee or major thoroughfare fee or both to provide the funds to construct the necessary drainage facilities and thoroughfares. Since the approval of the Tentati.ve Subdivision Map, City ‘7. has conducted studies which show the need to establish a publjc 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. 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 ePfect. 8, Because the original approval of said Tentative Subdivision Map occurred prior to the adoption oT the aforementioned fees, City did not condition the approval of said Tentative Subdivision Map with the payment of said fees. 9. 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 i . Tentative Subdivision Flap 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. IO. City arguably may not, without the voluntary consent of Sub.3ivider, impose upon the extension of said Tentative Subdivision Map conditions requiring payment of the fees mentioned above or conditions necessary to protect the public health, safety or welfare, or the environment or ensure consistency with the general plan or Municipal Code. 11, 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 or the environment are ' 3, . '*. .. .. protected or that the general plan or Municipal Code requirements are satisfied. Approval of the extension of said Tentative Subdivision Map without assurances that the 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 b with the general plan or Municipal Code by the imposition of conditions on the extensi.on of tentative subdivision 12. Subdivider realizes that denial of the requested extension could rescrlt in the' expiration of the tentative subdivision map. Subdivider would then be required to incur substantial costs and time delays in processing a new tentative subdivision map approval of which would he 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. 13. 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. I be contrary to the public health, safety, and welfare. NOW, THEREFORE, in consideration of the recitals and of the mutual convenants set forth herein, City and Subdivider agree as follows: 1. 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, 2. Subdivider knowingly and voluntarily waives any and all rights to the unconditioned extension of Tentative Subdivision Map No. cr 4 ?-'8 3. SubdiTrider knowingly and voluntarily consents to the imposition of a condition of approval of the extension of Tentative IY Subdivision Map No. cT77* which requires payment of any fees which may be in effect at the time of approval of the final subdivision map for said subdivision or any portion thereof and to the following additional conditions: 4. 5. This approval is expressly conditioned on the payment by the applicant of a public facilities fee as required by City Council Policy No. 17, issued 2/24/82 and effective 4/2/82, OR file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment or' said fee. If said fee is not paid as promised, this application will not be consistent with the General Plan and the project cannot proceed and this approval shall. be void. The provisions of Carlsbad Municipal Code Sections 20,12.110 and 20.24.180, as appropriate, shall govern extension of the map which is the subject of this agreement, If this agreement is for an extension of a tentative subdivision map for a minor subdivision, thz appeal of the City Engineer's approval, or conditional approval, of the extension by any party shall void this agreement unless 5. the agreement is subsequently approved by the City Council. Any action by Subdivider to challenge the legality of this agreement or any failure by Subdivider to pay the fees and compiy 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 begti approved. 6. -. CITY OF CARLSBAD, a municipal ATTEST : corporation yfLJ(/g& -1 . i' ,. 1b &)&&\;4 BY w-- %LETHA 1,. RAUTENK~ANZ, MAYOR (Na 9 'or Subdivisions) CITY ENGINEER (Minor Sub- divisions ) City Clerk ..