HomeMy WebLinkAbout1983-03-15; City Council; Resolution 7159**
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
unless it is consistent with all applicable general and specific
plans; and
WHEREAS, the City Council of the City of Carlsbad on the
16th day of September, 1980, adopted Resolution No. 6299
approving, with conditions, Tentative Map 80-19 including CP-100;
and
WHEREAS, Tentative Map CT 80-19 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
March 16, 1983 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
RESOLU TI ON NO. 7159
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF
TIME FOR TENTATIVE MAP CT 80-19 SUBJECT TO C E R TA I N C 0 ND I TI 0 NS .
WHEREAS, Section 66473.5 of the Subdivision Map Act
provides that a tentative subdivision map may not be approved
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
WHEREAS, the approval of an extension of Tentative Map
CT 80-19 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, THEREFORE, 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 80-19 including CP-100 are
hereby extended for one year from March 16, 1983 to March 16,
1984, subject to the execution and fulfillment of all the
conditions of Resolution Nos. 6299, 6804 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,,dateC! 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
a tentative subdivison nap dated February 24, 1983 between Mary
E. Grosse and the City of Carlsbad, on file in the City Clerk's
Office, is approved and the Mayor is authorized to execute such
agreement on behalf of the City.
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
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 March , 1983, by the following vote, to
wit:
A y E s :
NOES: None
ABSENT: None
Council M&x?rs CAsler, Uwis, Kulchin, Chick and Prescott
ATTEST:
(SEAL)
. . . . . - . . .- . - __
..
!,, .. 0 . '
AGREEMENT FOR WAIVER OF PROHIBITION
AGAINST THE IMPOSITION OF CONDITIOKS
UPON THE APPROVAL OF AN EXTENSION OF
A TENTATIVE SUBDIVISION MAP .
I This Agreement is made this 24th day Of February
19 83 between the City of Carlsbad, a mtlnicipal corporation,
cI_
I (hereinafter called "City") an2 MARY E. GROSSE
a (hereinafter called "Subdivider").
RECITALS
i
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
"Tentative Subdivision Maps").
* 2. El Patio v. Permanent Rent Control Board 110 Cal. App.3d
915, niodified 111 Cal. App 3d 788 (1980) indicates that the
Government Code (Subdivision Map Act) may not authorize City '
'
.. . to impose new conditions; ]..e., those which were not
imposed on the tentative subdivision map, upon the
extension of the time for expiration of a tentative
I .
subdivision map, but also held that the City does have
discretion to approve or deny such extensions.
:a .. c .. 0
Government Code Section 66452,6(d) and Carlsbad Municipal
Code Sections 20.12.100(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 processing a new tentative subdivision
map.
Subdivider has requested City to approve the extensioin of
time for Tentative Subdivision Map No,
which was initially approved on
Since the approval of said Tentative Subdivision Map, City
CT-80-19
September 16, 1930 (R~s. +I62991
b
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
or both to provide the funds to construct the necessary
dr'ainage 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 pu.blic health, safety and welfare
! '0 -.
.. ..
,. .. .. ,. -
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 a
8. -B-e-cause 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
b
. -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
Subdivi5ion Map conditions requiring.payment of the fees
- 10.
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
Subdividcr's request for extension to ensure that the
' public health, safety and welfare or the environment are
11.
3,
. .. ..
.. ..
..
.I .. 1
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
with the general plan or Municipal Code by the imposition
of conditions on the extension of tentative subdivision
maps.
i
12. Subdivider realizes that denial of the requested extension
could result in the expiration of the tentative subdivision
iap. 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 CaliEornia Environmental Quality Act, Titles 19,
20 and 21 of the Carlsbad Municipal Code, the Cityls
t
General Plan and to protect tlie public health, safety and
welfare a
City has reviewed the Subdivider's request for an extension
of time for said tentative subdivision map and finds that
granting the rcqucst subject to certain conditions will not
13.
* 4.
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.
.
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.CT-80-19
Subdivider knowingly and voluntarily consents to the imposition
of a condition of approval of the extension of Tentative
Subdivision Map No. CT-80-19 which requires payment of any fees
which may be in effect at the time of approval of the final
2.
3.
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 provisions of Carlsbad Municipal Code Sections 20.12.110
.. . the applicant for payment of said fee. If said fee is not
c
4.
'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
5.
approval, or conditional approval, of the extension by any party
. shall void this agreement unless
.
A _.
the agreement is subsequently approved by the City Co’uncil.
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
.-
6,
. 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.
.
CITY OF CARLSBAD, a municipal
ATTEST : corporation
.e
ALETHA L . I?AUTENfiF&N Z , BY MAYOR 2tu.44dk.- (Mtjor Subdivisi.ons) 1 City Clerk CITY ENGINEER (Minor Sub- divisions ) . I- -
~~~~ OWNER
l/
’ APPROVW TO F:RW:
CAT. NO. “00627 TO 1944 CA (7-82)
(Individual) .
I
BY, MARY E. GROSSE I
TITLE INSURANCE AND TRUST
AnmR COMPANY
within instrument and acknowledged that
(This area for official notarial sed) I