HomeMy WebLinkAbout1982-12-21; City Council; Resolution 7090..
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RESOLUTION NO. ~ 7090
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF
TIME FOR TENTATIVE MAP 75-9(B) SUBJECT TO
CERTAIN CONDITIONS.
WHEREAS, Section 66473.5 of the Subdivision Map Act 6
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provides that a tentative subdivision map may not be approved
unless it is consistent with all applicable general and specific
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plans; and
WHEREAS, the City Council of the City of Carlsbad on the
4th day of January, 1977, adopted Resolution No. 4072 approving,
with conditions, Tentative Map CT 75-9, and on June 3, 1980
adopted Resolution No. 6200 approving with conditions, revised
Tentative Map CT 75-9(B); and
WHEREAS, Tentative Map CT 75-9(B) is now inconsistent
with the general plan of the City of Carlsbad because the City
Council has found that public facilities are inadequate; and
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WHEREAS, said Tentative Subdivision Map will expire on 18 I1
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November 9, 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
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WHEREAS, the approval of an extension of Tentative Map
CT 75-9(B) subject to such conditions, in lieu of denial of the
map, will allow the project to go forward avoiding the
unnecessary 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
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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
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loll the City of Carlsbad, California, as follows:
C. That the agreement for waiver of prohibition against
the imposition of conditions upon the approval of an extension of
a tentative subdivison map dated November 4, 1982 between Pardee I Construction and the City of Carlsbad, marked Exhibit A and
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A. That the above recitations are true and correct;
B. That Tentative Map CT 75-9(B) is hereby extended
for one year from November 9, 1982 to November 9, 1983, subject
to the execution and fulfillment of all the conditions of
l511 Resolution No. 4072 and 6200 and the following additional 1) condition:
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(1) This approval is expressly conditioned on the
payment by the applicant 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.
27(1 attached hereto, is approved and the Mayor is authorized to
execute such agreement on behalf of the City. 28 /I
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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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held on the
21st day of Dec€?rnber , 1982, by the following vote, to
wit:
AYES:
NOES: None
ABSENT: NOne
Council Flllembers Casler, Lewis, Kulchin, Chick and Prescott
MARY H. &ASLER, Mayor
ATTEST:
KAEEN R. KUNUTZ, Ikputy City Clerk
(SEAL 1
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AGREEMENT FOR WAIVER OF PROHIBITION
AGAINST THE IMPOSITION OF CONDITIONS
UPON THE APPROVAL OF AN EXTENSION OF
A TENTATIVE SUBDIVISION MAP
, EXHl BIT "A"
. This Agreement is made this 4 day of -qQs/d/ I
19 -- between the City of Carlsbad, a municipal corporation,
a California Corporation (hereinafter called "Subdivider")
RECITALS .. - ..
4.' Government Code Section 66452,6(e) and Carlsbad Municipal
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Code Sections 20,12.110 and 10.24.180 permit Subdividers to
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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 Tal, App 3d 788 (1980) indicates that the
Government Code (Subdivision Map Act] may not authorize City
to impose new conditions; i'.erl those which were not
imposed on the tentative subdivision map, upon the
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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.
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3. Government Code Section 66452,6(d) and Carlsbad Municipal
Code Sections 20,12,10O(d) and 20,24,760 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 proceFsing a new tentative subdivision
map.
4. . Subdivider has requested City to approve the extensioin of
time for Tentative Subdivision Map No, c.~, 75-9(~)
. which was initially approved on June 3, 1980
Since the approval of said Tentative Subdivision Map, City
has conducted studies which show that the.-construction of
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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
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or both to provide the funds to construct the necessary
drainage facilities and thoroughfares.
-7. 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
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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
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8, Because the original appcoval of said Tentative Subdivision
" Map occurred prior to the adoption of the aforementioned
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. . 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
Tentative Subdivision Nap to protect the public health ,
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safety, and welfare, to mitigate affects on the environment
or to ensure consistency of the extended map with the City.os
general plan and Municipal Code.
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10, 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
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
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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
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.- 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
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. 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 would then be required to incur
c substantial costs and time delays in processing a new
tentative subdivision map approval of which wo-uld 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 Cityrs
General Plan and to protect the public health, safety and
welfare e
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
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be contrary to the public health, safety, and welfare.
NOW, THEREFORE, in consideration of the reditals and of the
mutual convenants set. forth herein, City and Subdivider agree as
follows :
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City agrees to extend Subdivider's Tentative Subdivision Map
for one year sr\ject 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. unconditicned extension of Tentative Subdivision Map No .C.T. 7579(B)
Subdivider knowingly and voluntarily consents to the imposition
of a condition of approval of the extension of Tentative
S*division .- Map No.75-9(B) which requires payment of any fees
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which may 'be in effect at the. tine of approval of the final
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subdivision -- map for said subdivision or any porti'on 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 Ccde 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 id 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 t .
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the agreement is subsequently approved by. the City Council.
Any action by Subdivider to challenge the legality'of this 6.
agreement or any failure by Subdivider to pay the fees and
comply with any other conditions applicable to the
extension sh211 void the approval of such extension, The
map shall. not final and the development shall not'proceed
until a new tentative subdivision map has begn approved,
CITY OF CARLSBAD, a municipal
ATTEST : corporation
CITY ENGINEER (Minor Sub- divisions)
(Corporation)
STATE OF CALIFORPiIA
3 } ss. COUNTY OF LOS Aweles
State, personally appeared Russell R. Ofria
- before me, the undersigned, a Notary Public in and for said
Assistant Secretary of the corporation that executed the within Instrument:
November 9, 1982 On
known to me to be the Vice President, and Susan h~wn to me to be Lnoltn to me to be the persons who execotrd the wittlin Instrument on behalf of the corporation therein named, ant1 acknowledgrd to me that such corporation executed ttle within instrument pursuant to its by-laws or a resolution of its board
of directors.
WITNESS my hand and official seal.
Signature
- Belinda Wheatley
Name (Typed or Printed) Y 1
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