Loading...
HomeMy WebLinkAbout1982-07-20; City Council; Resolution 6944I. 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. 6944 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR TENTATIVE MAP CT8042 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 20th day of January, 1981, adopted Resolution No. 6416 approving, with conditions, Tentative Map CT80-42 and CP-136. WHEREAS, Tentative Map CT80-42 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 July 22, 1982, 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 imposition of such conditions and agreed to comply with them; and WHEREAS, the approval of an extension of Tentative Map CT80-42 subject to such conditions, in lieu of denial of the map, will allow the project to go forward avoiding the unneces- sary delay to the City and to the Developer involved with denial and the new application which would then be approved subject to 4 I I ! 1( 1: 1: 1: 11 1: 1Q 1'; 1E 1s 2c 21 2% 23 24 25 26 27 28 I the same set of conditions; and WHEREAS, both the Developer and the City wish to extend the map subject to the additional condition; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: A. B. That Tentative Map CT 80-42 and CP-136 are hereby That the above recitations are true and correct; extended for one year from July 22 , 19 - 82 to July 22 , 19 - 83,, subject to the execution and fulfillment of all the conditions of Resolution No.s 6416 and the following additional condition: (1) This approval is expressly conditioned on this payment by theapplication of a public facilities fee as required by City Council Policy No. 17 dated February 24, 1982 and effective April 2, 1982, 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. 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. C. That the agreement for waiver of prohibition against the imposition of conditions upon the approval of an extension of atentativesubdivision map dated June 25, 1982 between James C. Zolin and Josephine M. Zolin 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. /// 1 I a 1 I i r I < 1( 1: 1: 1: 1L If 1( 17 1€ 15 2c 21 22 22 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 20th day of July to wit: , 19 82 , by the following vote - AYES: NOES: None ABSENT: None Council Members Casler, Lewis, Kulchin, Chick and hear MARY CASdER, Mayor ATTEST : ALETHA L. RAUTENKRANZ, City Clerk\ . AGREEMENT FOR WAIVER OP PROHIBITION UPON THE APPROVAL OF AN EXTENSIOX OF ._ AGAINST THE IPIPOSITION OF CONDITIONS A TENTATIVE SUBDIVISION MAP . This Agreement is made this 2s day of dJd5 0 19x2. - between the City of Carlsbad, a municipal corporation, a (hereinafter called "Subdivider') e a RECITALS i I,' Government Code Section 66452,6(e) and Carlsbad blunicipal 5 Code Sections 20,72.1?0 and 18.24,180 permit Subdividers to request and City to approvep conditionally approve or deny .-.. extensions of time for the expiration o€ tentative maps or tentative parcel naps (hereinafter collectively called "Tentative Subdivision Maps") e 2, El Patio v. Permanent Rent Control Board 198 Cal . App.3d 915, modified 911 CaL App 3d 7888 (1980) indicates that the Government Code (Subdivision Map Act) may not authorize City to impose new conditions; i.e, I those which were not imposed on the tentative suSdivision map, upon the extension of the time far expiration of a tentative subdivision maps but also held that the City does have discretion to approve or deny such extensions, w e b. i .. 1. 3. 4. 5. 6. - ,74 . .- .e Governm-nt Code Sec-iorm 66452,6,. 3) and Caklsbad 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 time for Tentative Subdivision Map No, c.7- %o--qL which was initially approved on , \IG19\ a b Since the approval of said Tentative Subdivision Mapp City has conducted studies whish 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 b0th to provide the funds to construct the necessary drainage facilities and thoroughfares. Since the approval of the Tentative Subdivision Map, City I has.eondueted studies which show the need to establish a public'facilities fee in order to provide for public facilities to protect the 1pubPic health, safety and welfare of the present andl future residents of City andl to ensure 'I * .. that public facilities to serve the deveiopment will be available concurrent with need as required by Cityss general plan. executed a contract which is on file with the City Clerk to Deveioper agrees to pay said fees and has . that effect. 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. Since the initial approval of the Tentative Subdivision Map there may have been changed circumstances which require .. 9. 6 . additional conditions of approval on the extension of the 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 Cityrs - general plan and Municipal Code. -_ .- IO. 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 mentioned above or conditions necessary to protect the 4 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 . 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 for 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 i . with the general plan or Municipal Code by the imposition of conditions on the extension of tentative subdivision maps .- 12. Subdivider realizes that denial of the requested extension could result in the' expiration of the tentative subdivision map, Subdivider wouPd then be required to incur . substantial costs and time delays in processing a new tentative subdivision nap approval of which wo-uld be c 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 29 of the Carlsbad Municipal Code, the City's General Plan andl to protect the public health, szifety and we1 f are e City has reviewed the Subdivider's request for an extension 13. of time for said tentative subdivision map and finds that granting the request subject to certain conditions will not e 4. p ' I, '1 0 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. 2. 3. 4. 5. 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 rights to the unconditioned extension of Tentative SubgEivision Map No.Gr@*z Subdivider knowingly and voluntarily consents to the imposition of a condition of approval of the extension of Tentative Subdivision Map No. CT&)-%d-iich requires payment of any fees which may be in effect at the tine of approval of the final subdivision map for said subdivision or any portion thereof and - to the following additional conditions: 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, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by 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 applicant for payment of said fee. If said fee is not The provisions of Carlsbad Municipal Code Sections 20,12.110 and 20.24.188, 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, the 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 %he City Council. Any action by Subdivider to challenge the legality of this agreement or any failure by Subdivider to pay the fees and 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 beeh approved. .. ATTEST: .e .i ALETHA L, XAUTENKRANZ. City Clerk CITY OF CARLSBWD, a municipal eorporat ion CITY ENGYNEER (Minor Sub- divisions) SUBDIVIDER City Attorney .I .. .I f : .