HomeMy WebLinkAbout1983-03-15; City Council; Resolution 71611
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RESOLU TI ON NO. 7161
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR TENTATIVE MAP 81-15 SUBJECT TO C E RTA 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
unless it is consistent with all applicable general and specific
plans; and
WHEREAS, the City Council of the City of Carlsbad on the
15th day of September, 1981, adopted Resolution No. 6670
approvi ng, with conditions, Tentative Map CT 81-15 i ncludi ng CP-
161; and
WHEREAS, Tentative Map CT 81-15 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
March 15, 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
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WHEREAS, the approval of an extension of Tentative Map
CT 81-15 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, 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 81-15 including CP-161 are
hereby extended for one year from March 15, 1983 to March 15,
1984, subject
conditions of
condition:
(1)
to the execution and fulfillment of all the
Resolution No. 6670 and the following additional
This approval is expressly conditioned on the payment-' by as require February 2
' the applicant of a public facilities fee
d by City Council Policy No. 17, dated
4, 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 map dated February 25, 1983 between Paul
A. Russell and the City of Carlsbad, on file in City Clerk's
Office, is approved and the Mayor is authorized to execute such
agreement on behalf of the City.
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D. That this extension is approved in reliance upon
Any legal challenge to or failure to perform said agreement.
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:
AYES:
NOES: None
ABSENT: None
Counci.1 Fat-krs Casler, Lewis, Kulchin, Chick and Prescott
Ld&
MARY H. (paSLER, Mayor
ATTEST :
9. PaL ALETHA L. RXUTENKRANZ, City Cler$
(SEAL)
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AGREEMENT FOR WAIVER OF PROIiI BITION
AGAINST THE IMPOSITION OF CONDITIONS
UPON THE APPROVAL OF AN EXTENSION OF
A TENTATIVE SUBDIVISION . MAP
' This Agreement is made this 25th day ofFebruary ,
19 cI_ 83 between the City of Carlsbad, a municipal corporation,
(hereinafter called "City") an6
a n individual '
I Paul A. Russell
(hereinafter called "Subdivider").
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RECITALS
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Government' Code Section 66452.6( e) and Carlsbad 5
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
Municipal
"Tentative Subdivision Maps").
El Patio v. Psrmanent Rent Control Board, 110 Cal. App.3d
- d
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 riot
imposed on the tentative subdivision map, upon the
extension of the time for expiration of a telitative
subdivision map, but: also held that the City does have
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discretion to approve OK deny such extensions.
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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 .
Subdivider has requested City to approve the extensioin of
time for Tentative Subdivision Map No. CT 81 - 15
which was initially approved on Auqust 12, 1981
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
or both $0 provide the funds to construct the necessary
drainage facilities and thoroughfar-es.
Since the approval of the Tent,ative Subdivision Map, City
has conducted studies which show the need to establish a
public facilities fee in order to provide for public
Eacilities to protect the public hea'lth, 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.
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
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 argua*bly may not, without the 'voluntary consent of
Subdivider, impose upon the extension of said Tentative
Subdivi3ion Map conditions requiring payment of the fees
mentioned above or conditions necessary c
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
public health, safety and welfare or the environment are
Deveioper agrees to pay said fees and has
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to protect the
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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
.. 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.
Subdivider realizes that denial of the requested extension
could result in the expiration of the tentative subdivision
map.
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Subdaivider 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 Env'ironmental Quality Act, Titles 19,
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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
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granting the request subject to certain conditions will not
be contrary to the public health, safety, and welfare.
NOW, THEREFORE, in conskderation -of -the recitals and of the
mutual convenants set forth herein, City and Subdivider agree as
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City agrees to extend Subdivider s Tentative Subdivision Map
for one year subject to whatever new or revi-sed 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 81-15
Subdivider knowingly and voluntarily consents to the imposition
of a condition of approval of the extension of Tentative
Subdivision Map No.CT 81-15which requires payment of any fees
which may be in effect at the tine 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 void.
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.+ . the applicant for payment of said fee. If said fee is not
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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,.
approval, or conditional approval
shall void this agreement unless
the appeal of the City Engineer's
, of the extension by any party
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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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CITY OF CARLSBAD, a municipal ATTEST : corporation
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CITY ENGINEER (Minor Sub- divisions )
City Clerk
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PAUL A- RTT.SSPT.T'
' STATE OF CALIFORNIA 1: COUNNOF San Diego
the same.
Signature P(
Gisela Hauser .
Name (Typed or Printed)
PR-43 (IO) Rev 6-82 (lhls area for official seal)
of execution by .
led)
, ppr opr i a t e)
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