HomeMy WebLinkAbout1983-07-19; City Council; Resolution 72981
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RESOLUTION NO. 7298
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF
TIME FOR TENTATIVE MAP 81-13 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
15th day of December, 1981, adopted Resolution No. 6790-2
approving, with conditions, Tentative Map 81-13; and
WHEREAS, Tentative Map CT 81-13 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
June 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 1
81-13 subject to such conditions, in lieu of denial of the map,
will allow the project to go forward avoiding the unnecessary
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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
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I/ WHEREAS, both the Developer and the City wish to extend
the map subject to the additional condition; a
NOW, THEREFORE, BE IT RESOLVED by the City Council of the 9
City of Carlsbad, California, as follows: 10
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A. That the above recitations are true and correct;
B. That Tentative Map 81-13, including PUD 25, are
hereby extended for one year from June 15, 1983, to June 15, 1984,
subject to the execution and fulfillment of all the conditions
15110f Resolution No. 6790-2 and the following additional
l6 11 cond i t i on :
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(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.
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 May 23, 1983, between the
Applicant and the City of Carlsbad, marked Exhibit A and attached
hereto, is approved and the Mayor is authorized to execute such
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D. That this extension is approved in reliance upon said 1
2 agreement. Any legal challenge to or failure to perform said
31iagreement or the conditions of this resolution shall render this
approval void and the map shall not be final. 4
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held on the 19th
day of July
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, 1983, by the following vote, to wit:
9 11 A Y E S : Council Manbers Casler Lewis, Chick and Prescott
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NOES: None
ABSENT: None
yLw JL
MARY H. [ASLER, Mayor
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AGEEI;IENT FOR WAIVER OF PROHI BITION
AGAINST THE II3POSITION OF' CCjNDITIONS
UPON THE APPROVAL OF AN EXTENSION OF
A TENTATIVE SUBDIVISION MAP
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This Agreenent is made this 23 day of May
19 83 between the City of Carlsbad, a municipal corporation,
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(hereinafter czlled "City") anz Mr. Ronald Schwab
\ an- individual. (hereinafter called "Subdivider"). \
- RECITALS
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I. ~ Government Code Section 66452,6(e) and Carlsbad Municipal
Code Sections 20.12.11 0 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").
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2, El Patio v. Permanent Rent Control Board
415, modified 111 Cal. App 3d 788 (1980) indicates that the
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Government Code (Subdivision Flap Actj 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
subdiv'ision mapr but also held that the City does have
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discret-ion to approve or deny such c~tensions.
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3. Government Code Section 66452,6(d) and Carlsbad Municipal
Code Sections 20,12,40O(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 c0vere.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 Gxtensioin of
time for Tentative Subdivision PIap No. C.T. 81-13/PUD-25
which h7as initially approved on December 15, 1981 .
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,
has adopted a. major drainage fee or major thoroughfare fee
or both to provide the funds to construct the necessary
drai-nage facilities and thoroughfares ,
-7. Since the approval of the Tentative Subdivision Map, City
has conhucted 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 Kuture residents of City and to ensure
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that pub ic facilities ,o serve the development will be
avail.able concurrent with .need as rkquired by City's
. general plan. Developer agrees to pay said fees and has
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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 reguire
additional conditions of approval on the extension of the
Tentative Subdivision Nap to protect the public health,
safety, arid welfare, to mitigate affects on the environment
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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
Subdivigion Map conditions requiring payment of the fees
mentioned above or conditions necessary to protect the
pablic 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
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protected or that the general plan o,r 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 aeneral plan or lilunicipal Code by the imposition
of conditions on the extension of tentative subdivision
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maps.
12. Subdivider realizes that denial of the requesked 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 condjtions necessary to ensure consistency
of the tentative subdivision map with the Subdivision Map
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Act, the California Environmental Quality Act Titles 19,
20 and 21 of the Carlsbad Municipal Code, the City's
General Plan and t'b protect the' public health, safety and
welfare. ..
, 13: City has rcvi'eyed 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.
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.
2. Subdivider knowingly and voluntarily waives any and all Tights to
the unconditioned extension of Tentative Subdivision Map No. 81-13 .
Subdivider knowingly arid voluntarily consents to the imposition .3.
of a condition of approval of +he extension of Tentative
Subdivision Map No. 81-13 which requires paymknt 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 ana 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 applicant for payment of said fee. If said fee is not
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4. The provisions of Carlsbad Municipal Code Sections 20.12-110
and 20.24.180, as appropriate, shall govern extmsion of the
map which is the subject of this agreement.
5. If this agreement i'"s 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 unlcss
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the agrceinenL is subsequently approved by the CiLy Council.
6, Any action by Subdivider to challenye 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,
ATTEST: ..
City Clerk
'APPXOVEb AS TO FORM: /--7
CITY OF CARLSDAD, a municipal
corporation
BY MAYOR (14qfior Subdivisions)
CITY FHGf'IgEER (Minor Sub-
divisions ) .-
SUBDIVIDER
RONALD S. SCHWAB
Owner ..
., City Attorney
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li s s i s tan t
City Attorney
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(Notar-ihl acknowledgement of execution by -
subdivider must be attached)
(Affix corporate seal if appropriate)
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CAT. NO. "00627
TITLE INSURANCE TO 1944 CA (7-82) *I
i AND TRUST
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j (Individual) ATICOR COMPANY
STATE OF CALIFORNIA a
I COUNTYOF San Diego
On May 23283, before me, the undersigned, a Notary Public in and for
said State, personally appeared Ro?d Sch-
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(This area for official notarial seal)
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provcd to me on the basis of satisfactory evidence to be
thc pcrson, whose name subscribed to the
within instrument and acknowledged that he exe-
WITNESS my hand and official seal.
.I I, i cuted the same.
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;I ' I Signature
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