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HomeMy WebLinkAbout1983-12-20; City Council; Resolution 7439I* I. 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 RESOLUTION NO. 7439 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF REALTY INVESTMENTS) SUBJECT TO CERTAIN CONDITIONS. TIME FOR TENTATIVE MAP CT 81-8/CP 151 (CARLSBAD WHEREAS, Section 66473.5 of the Subdivision Map Act provides that a tentative subdivision consistent with all applicab WHEREAS, the City Counc 1983, adopted Resolution No. 8/CP 151; and map may not be approved unless it is e general and specific plans; and 1 of the City of Carlsbad on June 2, 6554 approving Tentative Map CT 81- WHEREAS, Tentative Map CT 81-8/CP 151 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 December 2, 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 /I/ //I /// /I/ /I/ //I /I/ 4 1 3 * 511 the new application which would then be approved subject to the WHEREAS, the approval of an extension of Tentative Map CT 81- 8lCP 151 is 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 611 same set of conditions; and I No. 6554 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 proce.ed and this approval shall be void. 7 11 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 9 10 11 12 13 14 15 16 17 18 19 20 21 City of Carlsbad, California, as follows: A. That the above recitations are true and correct; B. That Tentative Map CT 81-8lCP 151 are hereby extended for one year from December 2, 1983, to December 2, 1984, subject to the execution and fulfillment of all the conditions of Resolution 22/i C. That the agreement for waiver of prohibition against the 231/imposition of conditions upon the approval of an extension of a tentative subdivison map, dated November, 29, 1982, between Carlsbad Realty Investments and the City of Carlsbad, marked Exhibit A and attached hereto, is approved and the Mayor is 24 25 26 2'llauthorized to execute such agreement on behalf of the City. 28 Ill .. 1 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 20th day of ~~ , 1983, by the following vote, to wit: AYES : NOES: None ABSENT: None Council Members Casler, Lewis, Kulchin, Chick and Presmtt 1 MARY H. FASLER, Mayor ATTEST: (SEAL) \. .. .. . .- . :... . c- '. . I.. .. .. . ,... .. .. . . 'I -. .. 1 .* EXHIBIT "A" A TENTATIVE SUBDIVISION NAP ., . \ This Agreement is made this 3 9 .TH day of N~/f~b~ Yt E 19-82 between the City of Carlsbad, a municipal corporation, 74 Ll'wlj td'? 4. (hereinafter called 'lCity't) ani: @fij&SG/?D - R L7-Y I zhv5?$9 * a (3,,,pdr,L!&w (hereinafter called 'Subdivider") -- .. .-. . .. RFXITALS .. ?. .. .. . .. -. . .i - .. ' 1. Governmekt Code Section 66452.6(e) and Carlsbad Municipal .- Code Sections 20012.110 and 10.24.180 permit Subdividers to % .. request and City to approve, conditionally approve or deny extensions of time for the expiration of tentative mapc. = or *. '<, tentative parcel maps (hereinafter collectively called .. 'Tentative- Subdivision Maps") El Patio v. Permanent Rent Control Board, 110 Cal. App.3d 915, modified 111'Cal. App 3d 788 (1980) indic'ates that the ' Goyernment Code (Subdivision Map Act) may not authoriie City .. . * .. -* 2. e. . to impose new conditions; i.eOI. those which were not imposed 'on the tentative' subdivision map, upon the extension of the time for expiration of a tentative subdivision map, but also held that the City does have II z .. - ;r 4 discretion to approve 'or deny such extensions. * . 0. ?. Lc . .e **. . 4 discretion to approve 'or deny such extensions. * ?. . a: . 0. b * :" C. .. h 3; Government Code Section 66452.6(d) and 'Carlsbad Municipal ... Code Sections 20.12.100(d) and 20.24.160 provide tihat expiration of a teniative subdivision map shall terminate all proceedings and that no final map or parcel map for any .. * property covered by the tentative subdivision map shall be . *_ - filed without first processing- a new tentative subdivision - .. .. * : .' .. .. .. .. .. -- . -- - ~. map. d X,-Subdivider has requested City to approve the extensioin of :. time for Tentative Subdivision Nap No,.Cr$?/- / CP-EV .. .- .. ... .. .. ::. ~ .which was initially approved on flwriz? 22; /%w . ... i /'. '_ I .. -. 5. . Since the approval of said Tentative Subdivision Map, City .- .. . - - - . - - -. - - . ,- ' ' ' has' conducted studies which show that the.construction ... of >-. -' - __ - -_ - u -. celta'ih- drainage facilities or thoroughfares are essential to'protect and provide for the health, welfare, and'safety 4 --*. .: - -. . , . .. *- .. _- , .. .. .' b'f-aL1' of the present and future residents of City, . hcluding 'those who kill 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 to provide the funds to c0nstruc.t the necessary drainage facilities and thoroughfares. Since the !: approval of the Tentdti.ve Subdivision Map, City has'*conducted studi-es which show the need to establish a . _. . .. .. .: c .. .. .. -- - .:7. I .. .. . . . public'facilities fee in order to provide for public .. facilities to protect the public health, safety and welfare 6€ the present and future residents of- City and to ensure 2, .- 8 t '. 8 .I . b f4 a' re ,. e. '. . ' .: .) .. , '1 . ".. 9 .. .. .. *I ......... .. .... ... .. ... . .' * r .' ..:: '. . ,. "":-.e **: .. .... :I ;* *. .. ., .. .. ., .... .... . . , , c ,. . ,. * .- ' .. '. . ,I , .. *' 7 .. .. .. ,. . .. . *I ..; .. -. .. .. .. ... .. .. .. . .' '. . ..; ..:: * ., .- ' .. . ,I r .d . : . I that public facilities to serve the development will be available concurrent with need,as required by City's . general plan. 'Deveioper agrees to pay said fees and has I, executed a contract which is on file with the City Clerk to .. z * that effect. .. 8. Because the original approval of said Tentative Subdivision . . Map occurred prior to the adoption 02 the aforementioned .. . . fees, City did not condition the approval of said Tentative , Sub3ivision 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 , -, safetyt and welfare, to mitigate affects on the environment 9. i . or to eisure 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 Subdivision Map conditions requiring payment of the fees mentioned above or conditions necessary to- protect the .. -- ..- .. "to. c .. ... .. . *. -3 public health, safety or' welfare, or the environment or (1' ensure consistency with the general plan or Municipal Code. .- 11. Without such voluntary consent of Subdivider to the .. imposftion of conditions City may be required to deny I Subdivider's request for extension to ensure. that the .- >: .I ' public health, safety and welfare or,thc .* environment are . 2 '. a a. b' I .' -. . . .. . .. .. I. ,.. .. .< .- . ,.. ._. .. . .. . , .. a_. .. .. '. . .,"' . .' * . .* . .. .* a,. r, .' .. .. .. .* ,. . I ., 0. _. ~ *. . , .. .. - protected orthat the general plan or Municipal Code ' i -- requirements are .satisfied. Approval of the extension of Y -. I. 4 said Tentative 'Subdivision Map without assurances that the fees mentioned above would be 'paid for said subdivision i' ._ _. . .. .= * would be conttary 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 .-- . .. -. -- __ c. -- *_a i - . with the general plan or Municipal Code by the imposition of conditions on the extension of tentative .- maps subdivision .. . 12. Subdivider realizes that denial of the requested extension . .could rgs'ult in the' expiration of the tentative subdivision . ,. : 4. .. . . map. Subdivider would then be required to incur i. . '-.* ' ; substantia1 costs and time delays in processing 'a new 1 c- - _: .. . .. ., '. tentative subdivision map approval of which woyld be .. : subject to new conditions necessary to ensure consistency . .. .. . ,.. -. ' ' o'f'the tentative subdivision map with the Subdivision Map . *. t .. Act, the California Environmenyal Quality Act, Titles 19, .. '. .. 5 * : $ F " 3. c ' '2 ' . welfare. c 13. ..City has reviewed the Subdivider.'s rkqueat for an extension .a.. . !; .. . 20 and '21 of the Carlsbad Municipal Code, the City's .1. ._' Genexa1,Plan and. to protect tde public. health, safety and .. -. . .. *.' .< ' of time for said tentative subdivis4dn map and, finds that ? granting the rcqucst subject to certain I conditions will not: 4. .C C .' *. ' 0 . .. . . ;. '2 .. i :.:.2 be contrary to the public health, safety, and welfare. mutual convenants set forth herein, City and Subdivider agree as -.. .. , Q 'C. ' NOW, 'THEREFORE, in 'consideration of the recitals and of the ,, '+. r. .. i $. : 4f * -.+ b .. ' .*..?; '4 .* .. 'r .. ,,- follows : 1. - .- City agrees' to extend Subdivi,der Is Tentative Subdivision Map ..for one year 'subject to whatever new or revised .conditions the .. City in its sole discretion deems appropriate. Subdivider knowingly and voluntarily waives any and all rights to the' unconditioned extension of Tentative Subdivision Map No . Subdivider knowingly and. voluntarily consents to the imposition 2. . -3 .. 3. - -.. ..of a condition of approval of the extension of Tentative ' .. .. .. .. .I Subdivision Map No. which requires payment of any fees which &be in effect at the time of approval of the final .. ..$b . .. .* . .-; subdivision map for said subdivision or any portion thereof and . .- .. 4. to the following additional conditions: ' This approval' is expressly conditdoned 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 ipcorporated 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 and 20.24.180, as appropriate, +all govern extension of the t 'C map which' is the subject of this agreement. . ,p -R 5, 19 'this agreement 5.; 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 *. .. ..a *' shall void this agreement unlcss * .C 1:. . q '5 '$ * *p 3 'f . x ,. .I/ .. ?. .- 1. .. .... .. I -. .I r. .~ .... .. ._ .. .~ .. 4 .. .. . ; , .t .. .. 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 beeh approved. ,. ... .. .* : .' .. CITY OF CARLSBAD, a municipal corporation .. .. .. .. *. ._ ... ... .. .. .. =I ATTEST : 1. __ _---- _- t ss. . FOR NOTARY SEAL OR STAMP .. .I ... .. >. .. .. .. . .. .. .. ... .. .. *, .. .. .. . 6 ':. ' .. , . . e 4 CERTIFIED COPY OF RESOLUTIONS OF BOARD OF DIRECTORS OF b . CARLSBAD REALTY INVESTMENTS, LIMITED ., It is hereby certified by the Board of Directors that A. GHAHREMANI, and B. AMIRVAND, are the duly elected, qualified, and acting Secre- tary and President of CARLSBAD REALTY INVESTMENTS, LIMITED, -8 duly organized and existing corporation. IN WITNESS WHEREOF, we have hereunto set our hand this 16th day of September 1982. I A. -GHAHREMANI Secretary , B. AMIRVAND President * ... .. v %'. ..