HomeMy WebLinkAbout1983-01-18; City Council; Resolution 71171
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RESOLUTION NO. 7117
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF
TIME FOR TENTATIVE bKP 79-25(B) SURJECT TO CERTAIN CONDITIONS
WHEREAS, Section 66473.5 of the Subdivision Map Act provides that a
:entative subdivision map may not be approved unless it is consistent with all
tpplicable general and specific plans; and
WHEREAS, the City Council of the City of Carlsbad on the 15th day of
My, 1980, adopted Resolution Nos. 6245 and 6246 approving, with conditions,
'entative Map CT 79-25(B) and approved on October 6, 1981, revisions to the
Ientative map per Resolution Nos. 6684 and 6685, and granted a one-year exten-
;ion of time on January 5, 1982, per Resolution No. 6753; and
WHEREAS, Tentative Map CT 79-25(B) is now inconsistent with the
:enera1 plan of the City of Carlsbad because the City Council has found that
iublic facilities are inadequate; and
WHEREAS, said Tentative Subdivision Map will expire on January 15, 1983,
rnd the applicant has requested an extension of time which cannot be approved
mless the subdivision can be brought into conformity with the general plan;
nd
WHEREAS, the addition of certain conditions of approval to the
)ubdivison will allow it to be found to be in conformity with the general
ilan and the Developer has requested the imposition of such conditions and
!greed to comply with them; and
WHEREAS, the approval of an extension of Tentative Map CT 79-25(B)
ubject to such conditions, inIieuof denial of the map, will allow the
roject to go forward avoiding the unnecessary delay to the City and to the
leveloper involved with denial and the new application which would then be
.pproved subject to the same set of conditions; and
Y
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WHEREAS, both the Developer and the City wish to extend the map
rbject to the additional condition;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
srlsbad, Califomia, as follows:
A. That the above recitations are true and correct;
B. That Tentative Map CT 79-25(B)/PUD-12 are hereby extended for one
2ar from January 15, 1983, to January 15, 1984, subject to the executicrn and
rllfillment of all the conditions of Resolutions Nos. 6245,6246, 6684, 6685,
id 6753 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 application will not be consistent with the General Plan and the project cannot proceed and this approval shall be void.
That the agreement for waiver of prohibition against the C.
mposition of conditions upon the approval of an extension of a tentative
ubdivision map dated December 15, 1982, between Daon Corporation and the City of
arlsbad, marked Exhibit A and attached hereto, is approved and the Mayor is
uthorized to execute such agreement on behalf of the City.
D. That this extension is approved in reliance upon said agreement.
ny legal challenge to or failure to perform said agreement or the conditions of
his resolution shall render this approval void and the nap shall not be final.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
'f the City of Carlsbad, Califomia, held on the 18th day of ~anuary J
983, - by the following vote, to wit:
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AYES:
NOES : None
ABSENT: None
Council Members Casler, -is, Kulchin, Chick and Prescott
%- il. L
MARY H. WLER, Mayor
WEST :
EXHIBIT A
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 15 day Of December I
1982 between the City of Carlsbad, a municipal corporation,
(hereinafter called "City") an2 Daon ?
a Corporation (hereinafter ca 1 led " Su bd ivider ) .
RECITALS
.
1.' Government Code Section 6,6452.6(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").
2. 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.
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2.
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
time for Tentative Subdivision Map No. 79-25 (B)
which was initially approved on 8-26-81 e
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
b
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 af City and to ensure
-- .. .. .e 1
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.
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
-- . 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. .. -.
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 Eees
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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0,
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
*b 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
snap. 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.
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.
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NOW, THEREFORE, in consideration of the recitals and of the
mutual convenants set forth herein, City and Subdivider agree as
follows :
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 Subdivision Map No. 79-25 .(B)
Subdivider knowingly and voluntarily consents to the imposition
of a condition of approval of the extension of Tentative
Subdivision Map No. 79-25 (Bhhich 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:
-. 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
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.
The provisions of Carlsbad Municipal Code Sections 20.12.110
an'd 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.
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 been approved.
ATTEST :
CITY OF CARLSBAD, a municipal corporation
BY ALETHA L. RAUTENKRANZ, MAYOR (Mdjor Subdivisions)
City Clerk CITY ENGINEER (Minor Sub-
divisions)
APP VED AS TO FORM: n. y$I&bdty Attorney . -. } 55.
STATE OF CALIFORNIA
COUNTY OF--
On
said State, personally appeared~~~.Colton,III~
known to.me 10 be '%r~
known to me DiSeEtor to e t e
Orange
December 14, 1982 , before me, the undersigned, a Notary Public in and for
La@,r)xg, and--G-ux TVRefS ' Land -)6rXNtXr~of the corporation that executed the within instrument:
~ and known 70 me to be the persons who executed the within
instrument on behalf of the corporation therein nanicd, and ac-
knowledged to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its board of
directors.
ORANGE C0U"IY
Li'ZS- hlarcia A. Brown
-______I_-__
Nnmp llvnpd or Printed IThk MPI for nfXrirl notrrirl .rill