HomeMy WebLinkAbout1983-02-15; City Council; Resolution 7139<. *- a
II
2
3
4
5
7
8
I.
9
10
11
14
21
22
23
24
25
26
27
2 8.
RESOLUTION NO. 7139 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARI,SBAD, CALIFORNIA, APFBDVII\IG AIi EXTENSIGN OF
TINE FCR TENTATIVE MAP CR 81-18 SUBJECT TO
CERTAIN COND1TIC)NS. --___- -I
. WHEREAS, Section 66473.5 of the Subdivision Map Act
provides tFlat a tentative subdivision map may not be approved
unless it is- consistent with all applicable general and specific
plans; and P
WEEREAS, LRe Ciry Council of the City of Carlsbad on the
4th day of August , 1981, adopted Resolution No. -
6624 approving, with conditions Tent at ive Map ---
- -__I-
81-18, CP 164 -- ZT
-- I-
WHEREAS, Tentative Map CT $1'18 is now inconsisteqt -,
wiEh the general plan of the City of Carlsbad because 'the City
Council has found tjat public facilities are inadequate; and
WHEREAS, slid Tentative Subdivision Map will expire on
and -the applicant has requested February 4, 1983 . -- -
an extension of time which cannot be approved unless the
subdivision can be broughi- into conformity with the general plart;
and
WHEREAS ~ t'be addition of certain cond~iti~ns of approval
to the subdi'vlsion will allcw it to be found to be in conformity
with the general plrrii and the de:7eloper hes requested the
j.mposition of such conditions and agreed to comply with them;
R [I d
L
'!
1
1
1
.I
a
WHEREAS , the I approval of an extension of Tenrativs hr5p
CT
map, will allow the project to go forward avoiding the
unnecessary delay to the City and to the Developer inirolvsd vLth
deni a1 and the new application which would then be apiroved
subject to the same set of conditions; and
81-18subject to such conditions, in lieu of denial of tY-5
WHEREAS, both the Developer and the City wish to ext-cnd
the nap subject to the additional 'condition;
XOOJ, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, California, as follows:
A. That the above recitations are true and rorrect;
33. That Tentative Map CT 81-18, cp 164
are hereby extended for one year from
February 4, 1983 to February 4, 1984 , subj2ct
to the executioll and fulfillment of all the conditions of
--
r
and the following 6624 Resolution No. -
additional condition:
(1) This a-pproval is expressly conditioned ~il the
payment by the applicant of a public facilities fee
as required by City Council Policy No. 17, date;
February 24, 1982 and effective April 2, 1982, :-L
file with the City Clerk and incorporated hereiz by
reference, and according to the agreemer:t execurz3
by the applicant for paynent,of said fee. If srld
fee is not paid as promised, this application will
not be consistent with the General Flan 2nd the
project callnot proceed and this approval shall ?r2
void.
C. That the agreement for waiver of prohibition agalnst
the inposition of cond-itions upon the approval of an estensioz of
I
G.R. -___-- Capitol, Inc. . - -- and the City of Carlsbad, marked
1
2
z
4
5
6
7
e
9
3.0
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
_-
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. +* -
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of CarlSbad, California, held on the 15th
day of February , 19 $3, by the following vote, to wit: -
AYES :
NOES: None
Council P;lembers Casler, Lewis, Kulchh, Chick an2 Prescott
ABSENT:
..
MARY H . &!.
9TTEST:
9LETHA L. RAU
(SEAL)
ASLER, Mayor
w
. ,.. . . , , . .".".. .. .... ~..-~,.~~. . "
AGREEMENT FOR WAIVER OF PROHIBITION
AGAINST THE IMPOSITION OF CONDITIONS
UPON THE APPROVAL OF AN EXTENSIOPJ OF
A TENTATIVE SUBDIVISION MAP
This Agrnement is made this 25th day of January 8 ..
19 _1_ 83 between the City of Carlsbad, a municipal corporation,
(hereinafter called llCity") an6 G. ?.Capital, Inc. . 8
a Corporation . (hereinafter called "Subdivider").
RECITALS
i
1,' Government Code Section 66452.6(e) and Carlsbad Municipal
Coiie Sections 20.12.110 and 10.24.180 permit Subdividers to
r
..
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 Cofitrol Board,
915, modified 111 Cal. App 3d 788 (1980) indicates that the
Government Code (Subdivision Nap Act) may not authorize City
* 2. 110 Cal. App.3d
8 _.
to impose new conditions; i.e., those which were not
imposed on the tentative subdivision map, upon the
extension of the tiine for expiration of a tentative
subdivision map, but also he3.d that the City docs have
discretion to approve or deny such extensions.
-.
..
a 3. '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 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.
which was initially approved on June 24, 1981 e
Since the approval of said Tentative Subdivision Mapr City
has conducted studies which show that the..construction of
C.T. 81-18
b 5..
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.
6. Since the approval of said Tentative Subdivision Map, City
has adopted a major drainage fee or major thoroughfare fee
or both Fo 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 of City and to ensure
2,
7.
that public facilities to serve the development will be
.I
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.
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.
Since the initial approval of the Tentative Subdivision Map
i
. there may have been changed circumstances which recpire
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.
IO. City arguably may not, without the voluntary consent of
Subdivider, impose upon the extension of said Tentative
Subdivigion Flap conditions requirj.ng payment of the fees
mentioned above or conditions necessary to protect the
public health, safety or welfare, or the envirmmcnt or
ensure cansistency with the general plan or Municj.pa1 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
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
12.
13.
i
with the general plan or Municipal Code by the imposition
of conditions on the extension of tentative subdivision
maps.
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
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 Environm2ntal 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.
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
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 Subdivision Map No. c.T-81-1.8
Subdivider knowingly and voluntarily consents to the imposition
of a condition of approval of the extension of Tentative
Subdivision Map No.C.T.81-18 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:
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 vo.id.
-. . the applicant for payment of said fee. If said fee is not
'
The provisions of Carlsbad Municipal Code Sections 20.12.110
and 20.21.180, 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
..
.. ...
..
the agreement is subsequently approved by the City Council.
6, Any action by Subdivider to challenge the legality of this
. agreement OK 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.
..
ATTEST :
CITY OF CARLSBAD, a municipal
corporation
City Clerk CITY ENGINEER (Ninor Sub- d i v is ion s )
SUBDIVlDEK
BY
t
. APPROVED AS TO FORM:
- & f+*, / /&+I, Att-nrnev
I-- -I --------
1 STATE OF CALIFORNIA,
! ON- January 21
I
Orange courm OF - i
,19a, 1
/I I! before me, the undersigned, a Notary Public in aid for said State, personally appeared !
............ -FIel-son -Bdr_oss-,,--,.
Pres ide_nlt_ ofthe G. R. Capital, Inc.
the Corporation that executed the within Instrument, known to me to be the person who executed the within Instrument, on behalf of the Corporation, therein named, and ackncwledged to me that such Corporation executed the same.
WITNESS my hand and official seal.
.....
11
............................... ..., knowntometobethe
- -_--____
,
- ------- -- - ___I --___--
- -- - - - __ __ - - __ ---z===---- - - - - - - - ACKNOWLEDGMENT--Corporatlon-WoIcotls Form ??? Rru IRA