HomeMy WebLinkAbout1982-12-21; City Council; Resolution 71031
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING
AN EXTENSION OF TIME FOR TENTATIVE MAP CT 76-15 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
3rd day of May, 1977, adopted Resolution No. 5050 and 5051,
approving with conditions, Tentative Map No. CT 76-15; and
WHEREAS, the City Council of the City of Carlsbad on the
15th day of December, 1981, adopted Resolution No. 6742, approving
the extension of Tentative Map No. CT 76-15 from December 30, 1981
to December 30, 1982; and
WHEREAS, Tentative Map CT 76-15 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, 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
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WHEREAS, the approval of an extension of Tentative Map
CT 76-15 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
WHEREAS, both the Developer and the City wish to extend
the map subject to the additional condition;
NOW, THEREFOREi, 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 76-15 and PUD-6 are hereby
extended from December 30, 1982 to January 18, 1983, subject
to the execution and fulfillment of all the conditions of
Resolution No. 5050, 5051 and 6742 and the following additional
condition:
(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 appli-
cation 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 for prohibition against
the imposition of conditions upon the approval of an extension
of a tentative subdiv-sion map dated November 24, 1982 between
Sunset Pacific Ltd. and the City of Carlsbad, marked
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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.
said agreement or the conditions of this resolution shall render
this approval void and the map shall not be final.
Any legal challenge to or failure to perform
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held on the
, 198 , by the following vote, 21st day of December
to wit:
AYES :
NOES :
ABSENT
Council P.mibers Casler, Kulchb, Chick and Presmtt
Council bkrher uwis
None
$% i/. A&&&/
MARY &I. CASLER, MAYOR
ATTEST:
ITY CLERK
KAitbSJ R. KUlbTZ, Deputy City Clerk
(SEAL)
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' EXHIBIT "A"
AGREEMENT FOR WAIVER GF PROHIBITION
AGAINST TEE INPOSITIOM OF CONDITIONS
UPON THE APPROVAL 3F AN EXTENSION OF
A TENTATIVE SUBDIVISION MAP
This Agrecnent is made this ' 24th day of NOVEMBER I
1982 cc_ between the City of Carlsbad, a municipal corporation,
(hereinafter called "City" ) an2 SUNSET PACIFIC, LTD. I
a California limited partnership (hereinafter called "Subdivider" 1
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RECITALS
1.' 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
L "Tentative Subdivision Maps").
2. El Patio v. Permanent Rent Control Board, 110 Cal. App.3d
915, modified 11l.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
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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 20.12.700(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 covere'd 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. CT 76 - 15
which was initially approved on MAY 3, 1977
i 5,. 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.
.r 6. 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.
-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
.oE 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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that effect. ._ -
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.
G$-nGe the initial- apgroval-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,-
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
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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.
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
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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.
said Tentative Subdivision Map without assurances that the
gees mentioned above would be-paid-for said subdivision
would be contrary to the best interests of the City and
Approval of the extension of
would threaten the City's ability to protect and provide
for the public health, safety, and welfare. Subdivider
3grees:that.i.t is in the best interest of City and ~ --
- Subdivider that City be able to protect the public health,
5e L-- safety-and-welgare, 1.- -* _orLth_e environment __ or ensure- -. - consistency
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, yich- the - general pl.an-orzMunic&pal Code.,by the imposition
- of -- conditions on the-extension of tentative subdivision
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Subdivider realizes that denial of the requested extension
.could result in- the' expiration of the tentative subdi.vision
map 0 Subdivider would then be required to incur
substantia~l costs and time delays in processing a new
tentative subdivision map approval of which would be
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. subject to new conditions necessary to ensure consistency
oE the tentative subdivision map with the Subdivision Map
-Act, the California Environmenkal 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 *
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welfare.
-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
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be contrary to the public health, safety, and welfare.
NOW, THEREFORE, in consj-deration of the recitals 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 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
&e' unconditioned extension of Tentative Subdivision Map No. 76-15
Subdivider knowingly and voluntarily consents to the imposition
of% -conditionLof appr6vSi -of -the extension of Tentative
Stibdiv$&:on -MSp-No, 76-15
which:may--be in-effect-at tkie time of approval of the final
subdivision map for said subdivision or any portion thereof and
to the following-additional conditions:
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which requires payment of any fees
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 of said fee.
paid as promised, this application will not be consistent with the General Plan and the project cannot proceed and
If said fee is not
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, the appeal of the City Engineer's
approval, or conditional approval, of the extension by any party
shall void this agreement unless *
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_. 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
- 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 begn approved.
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