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HomeMy WebLinkAbout1981-12-15; City Council; 4053-6; Request for Extension of Tentative MapAB# 403-3-d6 TITLE: RElUEST FOR A ONE-YEAR EXTENSION OF MTG. 12/15/81 TIME ON TENTATIVE MAP CT 76-15 DEPT. ENG DEPT. CITY A CITY 1 c hr 'Y P f& a- w =, a a rlc iz .. z 0 6 s 4 z 3 0 0 C+F CARLSBAD - AGEND~ILL RHA : RECOMMENDED ACTION: Adopt Resolution No.bYY2 approving--with conditions-a request for ar extension of time on Tentative Map CT76-15 and Planned Unit Developmenl PUD-6. ITEM EXPLANATION: At the meeting of December 1, 1981, the City Council directed staff to prepare documents--wi th appropriate condi tions--approvi ng a one-year extension of time for Tentative Map CT76-15. The applicant has signed the public Facilities fee agreement and a waivc agreement providing that the developer will not contest the imposition ( additional condi tians. FISCAL IMPACT: A condition of approval is the payment of the public facilities fee whil is estimated to be $105,000 for the entire project. This fee, however, will cover the additional costs of public facilities required by the prc All public streets and utilities will be constructed by the developer. City wi 11 incur future maintenance costs. EXH I BITS : A. Letter requesting extension B. Vicinity Map C. Tract Map D. Resolution No. - 67~/aapprovi;lg an extension of Tentative !lap CT76-1 I 0 ayJ*i - *.. gas& yaw y& -< -. A Deveispment c6mpany November 3, 1981 Mr. Richard ti. Allen Jr. Principal Ci vi 1 Engineer City of Carl sbad 1200 Elm Avenue Carlsba& CA 92008 Dear Mr, AI 1 en RE: TENTATIVE MAP FOR CT 96-15 We are requ@sting a one year extension of Tentative Map CT 76-15, and would appreciate being placed on the November 17th agenda, Enclosed please find a check in the amount of $500,00 for the filing fee. It is my undemtanding that upsn execution by Sunset Pacific, an agree ment waiving any prohibition against any new conditions may be requirec If this is necessary, please notify me and I will see that the form is executed and returned to you prior to the City Council Meeting. Please send confirmation when this item has been placed ora the City Counci 1 Agenda - , t hesitate to contact meq BS:S.rs E~cf mure Rx c g ITy] F'?:f C 3 1983 I *. C!fi OF CARLIS2 Enginering Dep& 17701 Mitch4l Avenue North I Irvine, California 32714 I(714) 966-0651 Em 1 F I m. AGUA MEcmm ha V I C I N I TY MAP N-TS. EXHl€3t* e m *. rNB1C&TG5 SLOPE- (Tmwt) StOPE 7Qf I46GH k!ER=’ UNSET PACIRe c--- -- - - 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 3-6 17 0 e RESOLUTION NO. 6742 h RESOLUTION OF 'IKE CITY COUNCIL OF THE CITY OF CAKLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR TENTATIVE MAP CT 76-15 SUBJECT TO CERTAIN CONDITIONS. i- WEREAS, Section 66473.5 of the Subdivision Map Act provides that a tentative subdivision map may not be approve unless it is consistent with all applicable general and spec plans; and WHEREAS, the City Council of the City of Carlsbad o 3rd day of May, 1977, adopted Resolutions No. 5050 and No. approving, with conditions, Tentative Map CT 76-15 and Plan Unit Development PUD-6; and WHEREAS, Tentative Map CT 76-15 is now inconsistent the general plan of the City of Carlsbad because the City Council has found that public facilities are inadequate; ai IJKEREAS, said Tentative Subdivision Map will expirl December 30, 1981 and the applicant has requested an exten of time which cannot be approved unless the subdivision ca brought into conformity with the general plan; and WHEREAS, the addition of certain conditions of apF a9 l8 I 1 20 2J, 22 23 24 25 26 27 28 to the subdivision will allow it to be found to be in conf with the general plan and the developer has requested the sition of such conditions and agreed to comply with them; WI-IEREAS, the approval of an extension of Tentativl CT 76-15 subject to such conditions, in lieu of denial of map, will allow the project to go forward avoiding the un 'essary delay to the City and to the Developer involved wi d'enial and the new application which would then be appro1 subject to the same set of conditions; and t? f 1 i a 2 3 4 5 6 7 8 9 10 11 '12 13 14 15 3.6 17 18 3-9 20 21 22 23 24 25 26 27 28 e m s WEEREAS, both the Developer and the City wish to t the map subject to the additional conditions; NOW, THEREFORE, BE IT RESOLVED by the City Counci the City of Carlsbad, California as follows: A. That tAe above ,edations dr@ true and ~rre B. That Tentative Map CT 76-15 and Planned Unit ment PUD-6 are hereby extended for one year from Decembe: 1981 to December 30, 1982, subject to the execution and ment of all the conditions of Resolutions No. 5050 and 5 the following additional conditions: 1) This project is approved upon the express condition applicant shall pay a public 'facilities fee as requi City Counci.1 Policy No. 17, dated August 29, 1979, c with the City Clerk and incorporated herein by refer and according to the agreement executed by the ~ppli payment of said fee a copy of that agreement dated F 5, 1981 is on file with the City Clerk and incorpor; herein by reference. If said fee is not paid as prc this application will not be consistent with the Gel Plan and approval for this project shall be void. ' 2) The applicant shall provide a school availability 1 from the Carlsbad Unified S,chool District prior to map for Unit 1. 3) Any signs proposed for this development shall requi and approval of the Planning Department prior to in tion of such signs. 4) The project shall provide bus stop facilities at IC subject to the satisfaction of the North County Tr; trict. Said facilities shall at a minimum include free from advertising and a pole for the bus stop t bench and pole shall be designed in a manner so as detract from the basic architectural theme of the 1 and said design shall be subject to the approval o ning Director and North County Transit District. 5) Condition No, 21 of Resolution No. 5050 is hereby by the following: 1 i I1 The applicant shall. pay park-in-lieu fees to prior to the approval of the final map as requ Chapter 20.44 of the Carlsbad Municj-pal Code.'' :.. 2 1 2 3 4 5 6 7 8 9 10 'X l2 I.3 14 15 16 3.7 . 18 19 20 21 22 23 24 25 2G 27 28 e 0 P 6) The retaining walls required along the north and south L of Tamarack Avenue shall be cribwalls acceptable to the Planning Director and City Engineer. Landscaping and ar irrigation system shall be installed by the applicant or cribwall subject to the approval.of: the Parks and Recrec Department. The landscaping and irrigation system shal' design of the wall and landscaping shall be approved pr: to issuance of building permits .for any of the lots in 1 project . taintained by the city of Cirlsbad. Detailed plans fur 7) The parkway behind the sidewalk along the north side of Tamarack Avenue within the subdivision boundaries and w the public street right-of-way, shall be landscaped and irrigated subject to the approval of the Parks and Recreation Director. Said landscaping and irrigation s be maintained by the homeowner's association and this responsibility shall be clearly stated in the CC&R's. C. That the agreement for waiver of prohibition ag the imposition of conditions upon the approval of an extens of a tentative subdivision map dated December 1981 between set Pacific Limited and the City of Carlsbad, marked Exhibi and attached hereto, is approved and the Mayor is authorizc execute such agreement on behalf of the City. I). That this extension is approved in reliance up( said agreement. Any legal challenge to or failure to perfc said agreement or the conditions of this resolution shall 1 this approval void and the map shall not be final. PASSED, APPROVED AND ADOPTED at a regular meeting ( the City Council of the City of Carlsbad, California, held I// /I/ /// /// il./ /// /I/ 1 2 3 4 5 6 7 8 9 a0 11 12 13 14 15 16 141 18 19 20 21 22 23 24 ' 25 26 27 28 e m the 15th day of Deceniber , 19 7 81, by the fol vote, to wit: AYES : NOES: None ABSENT: None Council Nders Packard, Casler, hear, Lewis and : /AZz'&?/& RONALD C. PACKARD, Ma) ATTEST: (SEAL) '"..t *L \< 4 0 .'. . .. 4) t. AGREEMENT FOR WAIVER OF PROHI BITION AGAINST THE IMPOSITION OF COlilDITIONS UPON THE APPROVAL OF AN EXTENSXOM OF A TENTATIVE SUBDIVISION MAP This AgKeeIWnt is made this 7th day &f December I . 19 c__ 81 between the City of Carlsbad, a rninicipal corporation, (hereinafter called *'cityvf ) and Sunset Pacific, Ltd- a a Limi ted Partners hip (hereinafter call.& "Subdivider" 1 e .. RECITALS .I ; ?,- Government Code Section 66452,6(e) and CarZsbad Municipal Code Sections 20,12,110 and 10.24.180 pernit Subdividers tc reguest and City to approve, conditionally approve or deny extensions of time for the expiration sf tentative maps or tentative parcel maps (hereinafter collectively called "Tentative. Subdivision Maps" ) o El. Patio v, Permanent Rent Control Board, 110 CaL, Appe3d 915, modified 711 Cal, App 3d 788 (?980) indicates that th GOV~~~RI~II~ Code (Subdivision Map Act) may not authorize Cri to impose new conditions; i.e. I those which were not imposed on the tentative subdivision mapI upon the extension of the time for expiration of- a tentatj-ve subdivision map, but also held that the City does'have discretion to approve or deny such extensions, . 2, f I 'L i. e m ', . 3, Government Code Section 66452 e 6(d 1 and CarEsbad Municipal Code Sections 2Oe12,100(d) and 20,24,460 provide that pgy?iration of g teniative subdivision map shall terminate all proceedings and that no final nap or parcel map for any pr~perty covered by the tentative subdivision map shall be fiTed without fitst; processing a RE?W kenkakfvre SUbdiViSiQn map n Subdivider has requested City to approve the extensioin of 4. time for Tentative Subdivision Map NO, Cl" 76-15 which was initially approved on May 3, 1977 . 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 safet of all of the present and future ~eslidents OE Cityl including those who will reside in said subdivision, Since the approval of said Tentative S-dx3ivisZon Mapr Cif has adopted a mitjsr drainage fee or major thargughfare fc or both to provide the funds to construct the necessary drainage facilities and thoroughfares, Since the approval of the Tentative Subdivision ~ap, cit has conducted studies which show the need to establish c public facilities fee in 0rdel-l to provide for public 5, 6. 7, *. facilities to pmteet the pubZic health, safety and we1 t df the present and future residents af City and to en5u 2. .. e - 8. *. 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 occtnrr@d prior to the adaption of the aforementioned . feesc City did not condition the approval, of said Tentative Subdivision Map with the payment of said fees, Since the initial approval o€ the Tentative Subdivision Ma] there may have been changed circumstances which require additional conditions of approval on the extension of the Tentative Subdivision t lap to protect the public health r safety, and. welfarep to mitigate affects on the environmen or to ensure consi,stency of the extended map with the City general plan and Municipal Code, City arguably nay n~t, without the volu.n@ary consent OE Subdivider, impose upon the extension of said Tentative Subdivisian Nap conditions requiring payment of the fees mentioned above or conditions necessary to protect the public health, safety OF welfareB or the environraent or ensure consistency with the general plan OK Municipal cod c eve lo per agrees ta pay said fees and has I 1 8. -. 9, b . 10. ’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, c, w w ,. protected or that the general plan or I4unicipal 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 welfarep or the environment or ensure consistency with the general plan or Municipal Code by the imposition of conditions on the extension of tentati-ve subdivision maps D b 92, 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 ta new conditians necessary to ensure consistency .of the tentative subdivision map with the Subdivision Map Act, the California Enviranmental 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. tity 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 13. Y 4. \ .. 12.. - - be contrary to the public health, safety, and welfare, NOW, THEREFORE, in consideration of the recitals and of the mutual covenants 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 o 2. Subdivider knowingly and voluntarily waives any and all rights to the unconditioned extension of Tentative Subdivision Nap No. CT 76-15 0 I. 3, Subdivider knowingly and voluntarily consents to the imposition of a condition of approval of the extension of Tentative Subdivision Map No. CT 76-15 which requires the 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 followiiq additional conditions: Conditions numbered 1 through 7 as shown on Exhibit A and inccqorated herein by reference. 4, The provisions of Carlsbad Municipal Code Sections 20,12,110 and 20024.180, as appropriate, shall govern the extension of the map which is the subject of this agreement, 5. If this agreement is for an extension of a tentative &bdivision map €or a minor subdivision, the appeal of the City Engineer's approval, or condit.iona1 approval, of the extension by any party shall void this agreement unless 5' 5. 4 1: b a R ' .' d, the agreement is subsequently approved by the City Council Any action by Subdivider to challenge the legality o€ this agreement or any failure by Subdivider to pay the fees and comply with any other conA!t!ons appllcaLIe ha khe extension shall void the approval. of such extension, The map shall not: final and the devel-spment shall riot proceed until a new tentative sukx3ivision map has been qqrQVed, 6, > . CITY OF CARLSBADp a municipa: COKpOrat iOll \ BY /&zl?!&C&B ( @YO-R (Major Subdlvislons) CITY ENGINEER (Hinor Sub- divisions) -- SUBDIVIDER .SUNSET PACIFIC, LTD., A CALIFORNIA L I iviI TED PARTNE RSH I P . , kt-k BY Sunset Pacific Hornebuilders, a Gal i forni a Corpgrationl ,\ p I I I ,, , JOHK'F. PORT^^, :vie+ F I-, '*,,,I. 1 ii I - +f4 +)+, +,/----2 BY: x~bL%k At;orneY 1 APPROVED AS,; TO, FORM: .., ; I) ' (' I, I I. J 4@,'*,,// ' VIINCEMT / I' E',: /i/iky B @t By\&4 mT " H p&CKECE L( L s i s tan t C i t y At t orn e y - r 1 I &. \ ,- ?e 'i 6, e EXH1B1T A m , *'- .. ~ *. CONDITIONS FOR APPROVAL OF TENTATIVE MAP EXTENSION FOR CT 76-15 1) This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated August 29, 1979, 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 a copy of that agreement dated November 5, 1981 is on file with the City Clerk and incorporated herein by reference. If said fee is not paidsas promised, this application will not be consistent with the General. Plan and approval for this project shaPl be void. 2) The applicant: shall provide a school availability Petref from the Carlsbad Unified School District prier to the final map for Unit 1. 3) Any signs proposed fcr this development shall require revietj and approval of the Planning Department prior to insealla- tion of such signs, 4) The project shall provide bus stop facilities at locations subject to the satisfaction of the North County Transit Dis- trict. Said facilities shall at a minimum incl-ude a bench, free fro= advertising and a pole for the bus stop sign. The bench and pole shall be designed in a manner so as to ROC detract from the basic architectural theme of the project and said design shall be subject to the approval of the Plan ning nirector and North County Transit District. 5) Condition No. 21 of Resolution No. 5050 is hereby replaced by the following: 11 The applicant: shall pay park-in-lieu fees to the City prior to the approval of the final map as required by Chapter 20,44 of the Carlsbad Municipal Code." 6) The retaining walls required along the north and south side of Tamarack Avenue shzll be cribwalls acceptable to the Planning Director and City Engineer. Landscaping and an irrigation system shall be installed by the applicant: on ehc cribwall subject to the approval of the Parks and Recreatior Department. The landscaping and irrigation system shall be maintained by the City of Carsbad. Detailed plans fos the design of the wall and landscaping shall be approved prior to issuance of building permits €or any of the lots in this pro j e c t , , 7) The parkway behind the sidewalk along the north side of Tamarack Avenue within the subdivision boundaries and withis thg public street right-of-way, shall be landscaped and irrigated subject to the approval of the Parks and Recreation Director. Said landscaping and irrigation shall be maintained by the homeowner's association and this responsibility shall be clearly stated in the CCbR's.