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HomeMy WebLinkAbout1984-04-03; City Council; Resolution 7545c 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7545 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, <CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR TENTATIVE MAP 81-29 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 6th dlay of October, 1981, adopted Resolution No. 6682 approving, with conditions, Tentative Map CT 81-29; and WHEREAS, the City Council of the City of Carlsbad on the 5th day of April, 1983, adopted Resolution No. 7176 extending Tentative Map CT 81-29 for a period Df one year to April 6, 1984; and WHEREAS, Tentative Map CT 81-29 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 April 6, 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 Mill allow it to be found to be in conformity with the General Plan and the leveloper has requested the imposition of such conditions and agreed to comply 1 2 3 4 5 6 7 8 9 10 I1 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 81-29 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 81-291PUD-33 are hereby extended for one year from April 6, 1984, to April 6, 1985, subject to the execution and fulfillment of all the conditions of Resolution No. 6682 and the following additional condition: 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 subdivision map, attached hereto i s approved, I// Ill I// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1E 17 1€ 1s 2c 21 22 22 24 25 26 27 28 D. That this extension is approved in reliance upon said agreement. legal challenge to or failure to perform said agreement or the conditions of this mesolution shall render this approval void and the map shall not be final. Any PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the 3ty of Carlsbad, California, held on the 3rd day of April ¶ 1984, by the following vote, to wit: AYES: NOES: None ABSENT: None Councillvlembers Casler, Lewis, Kulchin, Chick and Prescott %- J&, MARY H. YASLER, Mayor \TTEST: (SEAL) 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 15th day of aph I 1984 - between the City of Carlsbad, a municipal corporation, (hereinafter called "City1') ani The Davidson cowl, I 1r a c Corporation' (hereinafter called "Subdivider"). RECITALS - 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, modified 111 Cal. App 3d 788 (1980) indicates that the Government Code (Subdivision Flap Act) may not authorize City to impose new conditions; i.e., those which were not inposed on the tentative subdivision map, upon the c 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 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 c0vere.d by the tentative subdivision map shall be i 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. COT. *1-29 which was initially approved on SeDtember - 8. 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 has adopted a major drainage fee or major thoroughfare fee 6. or both to provide the funds to construct the necessary drainage 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 public health, safety and welfare .7. of the present and future residents of City and to ensure 2.. I . . ,* 8. 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. Because the original approval of said Tentative Subdivision 8. 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 there may have been changed circumstances which require b . 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. .- IO. 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. 11. 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 3. 7 c 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 b , with the general plan or Municipal Code by the imposition of conditions on the extension of tentative subdivision maps. 12. Subdivider realizes that denial of the requested 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 conditions necessary to 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 , 13. 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 i 4. be contrary to the public health, safety, and welfare. NOW, THEREFOm, 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.CT81-29 Subdivider knowingly and voluntarily consents to the imposition of a condition of approval of the extension of Tentative Subdivision Map No. CT81-2gwhich 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 portioxi 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 ' The provisions of Carlsbad Municipal Code Sections 20.12.110 and 20.24.180, as appropriate, shall govern extezsion 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 5. I' ./ 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 bee'n approved. ATTEST: CITY OF CARLSBAD, a municipal corporation BY ALETHA L. RAUTENKRANZ, MAYOR (M4sr Subdivisions) City Clerk CITY ENGiNEER (Minor Sub- divisions ) .- - CAT. NO. "00737 TO 1945 CA (7-82) 1 (Corporation) STATE OF CALIFORNIA c (b 1 lTL€ INSURANCE AND TRW On March 15, 1984 before me,. the undersigned, a Notary Public in and for personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within insttument as the President, and 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 Secretary of the Corporation that executed the within instrument and acknowledged to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. said 3iam State, personally appeared Davidson I Signature (This area for oficial notarial seal) cution by - (Affix corporate seal if appropriate) 6.