HomeMy WebLinkAbout1984-01-17; City Council; Resolution 74581
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RESOLUTION NO. 7458
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF
CERTAIN CONDITIONS. TIME FOR TENTATIVE MAP 81-16ILCDP 81-1 SUBJECT TO
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 21st
day of July, 1981, adopted Resolution No. 6620 approving, with
conditions, Tentative Map CT 81-16lLCDP 81-1; and
WHEREAS, the City Council of the City of Carlsbad on the 18th
day of January, 1983, adopted Resolution No. 7118, extending
Tentative Map CT 81-16lLCDP 81-1 for a period of one year to
January 21, 1984; and
WHEREAS, Tentative Map CT 81-16 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
January 21, 1984, 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
Ill
Ill
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WHEREAS, the approval of an extension of Tentative Map
CT 81-16 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
City of Carlsbad, California, as fo
A. That the above recitations
by the City Council of the
lows:
are true and correct;
B. That Tentative Map CT 81-16/LCDP 81-1 are hereby extended
for one year from January 21, 1984, to January 21, 1985, subject
to the execution and fulfillment of all the conditions of
Resolution No. 7118 and the following additiona condition:
(1) This approval is expressly condit oned on the payment by the Applicant of a Pub ic Facilities Fee as required by City Council Polic 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.
(2) The City may initiate special assessment district
proceedings for improvements on Rancho Santa Fe Road, which would include the roadway adjacent to
the subdivision. Prior to the approval of the first
final map for the project, the Developer shall enter
into an agreement with the City to participate in the formation of such a special assessment district.
If such proceedings are consummated prior to the approval of the Phase IV final map for the project,
such proceedings shall be deemed to satisfy
Developer's obligation to construct the Rancho Santa
Fe Road improvements. If the City chooses not to
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initiate said assessment district or should said
assessment district fail, the Developer shall build
the road as required by Condition 42 of the
tentative map approval.
C. That the agreement for waiver of prohibition against the
imposition of conditions upon the approval of an extension of a
tentative subdivision map, dated December 5, 1983, between Daon
Corporation and the City of Carlsbad, marked Exhibit A and
attached hereto.
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 17th
day of January , 1984, by the following vote, to wit:
AYES: Council Merrbers Casler, Lewis, Kulchin, Chick and Prescott
NOES: None
ABSENT: NOE
I MARY H. &ASLER, Mayor
ATTEST :
& W iQ @on% ALETHA L. RAUTENKRANZ, City Oerk
(SEAL)
c
AGKEEMENT FOR WAIVER OF PROHIBITION
AGAINST THE IMPOSITION OF' CONDITIONS
UPON THE APPROVAL OF AN EXTENSION OF
A TENTATIVE SUBDIVISION MAP .
This Agreement is made this 5th day of December ,
19 83 between the City of Carlsbad, a municipal corporation,
(hereinafter called "City" 1 an2 Polyqon Corporation I
a - Corporation (hereinafter called "Subdivider") .
RECITALS
1.'
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Government Code Section 66452,6(e) and Carlsbad Municipal
Code Sections 20,12.110 and 10.24,180 permit Subdividers to
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request and City to approve, conditionally approve br 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
8
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
subdivision map, but also held that the City does have
discretion to 'approve or deny such extensions.
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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, CT81-16
which was initially approved on July 7, 1983
Since the approval of said Tentative Subdivision Map, City
has conducted studies which show that the-construction of
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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
-
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c or both ,to provide the funds to construct the necessary
drainage facilities and thoroughfares.
-7. 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
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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
a.
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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 require
additional conditions of approval on the extension of the
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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
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
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 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
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maps.
Subdivider realizes that denial of the requested extension
could result in the expiration of the tentative subdivision
map.
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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 Environmental Quality Act, Titles 79,
20 and 21 of the Carlsbad Municipal Code, the City's
General Plan and to protect the public health, safety and
welfare. /
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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
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
f 0 1 I ows :
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 rights to
the unconditioned extension of Tentative Subdivision Map NO.C~S~-~$
Subdivider knowingly and.voluntarily consents to the imposition 3,
of a condition of approval of the extension of Tentative
Subdivision Map No. CT81-16which 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 void.
., . the applicant for payment of said fee. If said fee is not
4, The provisions of Carlsbad Municipal Code Sections 20.12.110
and 20.24.180, as appropriate, shall govern extecsion 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
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. shall void this agreement unless
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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
6.
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: ..
i
CITY OF CARLSBAD, a municipal corporation .
BY
ALETHA L. JUUTENKRANZ, MAYOR (Major Subdivisions) City Clerk CITY ENGINEER (Minor Sub- divisions ) . e-
-. - Director of California Operations
'APPROVED AS TO FORM:
STATE OF CALIFORNIA )
. COUNTY OF ORANGE ) ss
,
L
On december 7, 1983, before me, the undersigned, a Notary Public in and for said State, personally appeared Russell F. Padia, personally known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed the within instrument as the Director of California Operations of the Corporation that executed the within instrument and acknowledged to me that such corporation executed the within instrument pursuant to its Bylaws, or a resolu- tion of its Board of Directors.
WITNESS my hand and official seal.
Notary Public in and for the County of Orange, State of California
THE POLYGON CORPORATION
CORPORATE RESOLUTION
The undersigned hereby certifies that he is the
Treasurer of THE POLYGON CORPORATION, a Washington corporation (the "Company"), that the following resolution is a complete, true and correct copy of a resolution adopted by una- nimous written consent in lieu of a meeting of the Board of
Directors of the Company as of November 2 , 1983 and that said resolution has not been modified or rescinded and is in full force and effect as of the date of this Certificate:
WHEREAS, it is necessary to file certain documents with the Department of Real Estate of the State of California for offering for sale in California any five or more lots in a planned residential development: and
WHEREAS, the Company intends to offer certain lots for sale as a part of a planned residential development known as Las
Lomas in Carlsbad, California,
NOW, THEREFORE, BE IT RESOLVED, that Russell F. Padia,
as agent of the Company, is hereby authorized and directed to
file such documents, including a certain Questionnaire and Appli- cation for Public Report, and any amendment or supplement thereto, and take such other steps as may be required by the California '
State Department of Real Estate, or any other governmental body,
to fully comply with the statutes, rules and regulations governing the subdivision and sale of real properties, on behalf of the Company.
THE POLYGON jXRT'ORATION,
Its: Treasurer
Dated : November 2, 1983
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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
CT 81-16 time for Tentative Subdivision Map No.
which was initially approved on July 7, 1981 .
b 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.
Since the approval of said Tentative Subdivision Map, City
-
-
6,
has adopted a major drainage fee or major thoroughfare fee
or both $0 provide the funds to construct the necessary
drainage facilities and thoroughfares.
7. 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
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K
EXHIBIT A 8
AGREEMENT FOR WAIVER OF PROHIBITION
AGAINST THE IMPOSITION OF' CONDITIONS
UPON THE APPROVAL OF AN EXTENSION OF
A TENTATIVE SUBDIVISION MAP .
This Agreement is made this 5th day Of December I
19 - 83 between the City of Carlsbad, a municipal corporation,
(hereinafter called "City") an2
a
I Daon Corporation
(hereinafter called "Subdivider") . Corporation
c
RECITALS
i
1. *- Government Code Section 66452.6(e) and Carlsbad z 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") .
El Patio v. Permanent Rent Control Board, 110 Gal. App,3d . 2.
- 915f 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 not
imposed on the tentative' subdivision map, upon the
s
extension of the time for expiration of a tentative
subdivision map, but also held that the City does have
discretion to approve or deny such extensions.
, ..I.
I.
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.
8. 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 Map 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
9.
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'
general plan and Municipal Code.
City arguably may not, without .the voluntary consent of
Subdivider, impose upon the extension of said Tentative
.. - IO.
Subdivi5ion Map conditions requiring payment of the fees
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
Subdivider's request for extension to ensure that the
11.
' public health, safety and welfare or the environment are
3,
12.
-.
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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
with the greneral plan or Municipal Code by the imposition
of conditions on the extension of tentative subdivision
maps.
Subdivider realizes that denial of the requested extension
b
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 woyld be
subject,to new conditions necessary $0 ensure consistency
of the tentative subdivision map with the Subdivision Map
Act, the California Environmental 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 subdivisjon map and finds that
granting the request subject to certain conditions will not
4.
be contrary the public health, safeby, 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. CT81-16
Subdivider knowingly and voluntarily consents to the imposition
of a condition of approval of the extension of Tentative
Subdivision Map No.CT81-16 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
I 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 applicant for payment of said fee. If said fee is not
.
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, the appeal of the City Engineer's
approval, or conditional approval, of the extension by any party
shall void this agreement unless
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the agreement
Any action by
is subsequently approved by the City Council.
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
?
i extension shall void the approval of such extension. The
map shall not final and the development shall not proceed
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until a new tentative subdivision map has bcgn approved.
s E
:
CITY OF CARLSBAD, a municipal
corporation ATTEST:
ALOTHA L. RAUTENKRANZ,
. City Clerk
BY MAYOR (Major Subdivisions) i CITY ENGINEER (Minor Sub- divisions ) .-
SUBDIVIDER DAON .COXPOWATION
) )ss. STATE Inl INTV OF nF CALIFOW&AanEe 1
, before me, the undersigned, a Notary Public in and for
and W.A. Colton, I11 , personally known to me (or proved to me on the
c --.. *. -. t ._ + On December 15, 1983
'c Michael K. Ryan CI said State, personally appeared
L ._
Vice President 2 5 ? basis of satisfactory evidence) to be the persons who executed the within instrument as 2 %Land, S.D. COUII&=~~~ V . P. Land KE UeEX€4g on behalf of
.- Et DAON CORPORATION
CIO
-0
:of execution by - - .._--
----
MA1
Of?
f $ b v)
the corporation therein named, and acknowledged to me that
sucticorporation executed thewithin instrument pursuantto its 4
bylaws or a resolution of its board of directors. o_c
WITNESS my hand and official seal. f & My Co"
ppropri at e 1
..... 3CIA A. e$3tYN
Notary PuSlic - hirfornla --,WE coum ion Expres Oct 1. 1985 2