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HomeMy WebLinkAbout1981-12-15; City Council; 5053-2; Extension onTentative Map- Chestnut VillasCARLSBAD - AGENDABILL MTQ. 12/15/81 DEPT. ENG TITLE: REQUEST FOR A ONE-YEAR EXTENSION OF TIME ON TENTATIVE MAP CT77-6 (CHESTNUT VILLAS) DEPT. HD. CITY CITY RECOMMENDED ACTION: ' Adopt Resolution NO. <£ /^f^approving—with conditions—a request for an extension of time on Tentative Map CT77-6 and Planned Unit Development PUD-10. ITEM EXPLANATION; The tentative map for this 11 unit project was originally approved on May 17, 1977. Time was frozen on the map until the lifting of the sewer moratorium 18 months ago. The developer now wishes to extend the map due to the current adverse economic conditions. The Engineering and Planning staffs have reviewed the project and see no problems with the requested extension. The developer has signed both the public facilities fee agreement and the agreement waiving objections to the imposition of new conditions. FISCAL IMPACT; A condition of approval of this extension is the payment of the public facilities fee. This fee will cover the additional costs of public facilities required by the project. The project will be served by a private street maintained by the homeowners1 association. EXHIBITS; A. Letter requesting extension B. Location Map C. Resolutions No. 5085 and No. 5086 approving Tentative Map CT77-6 and Planned Unit Development PUD-10 D. Resolution No. d 7y<pxapproving a one-year extension of time for Tentative Map CT77-6. O O OO Pr ^ EXHIBIT 'A1 VICINITY MAP CT77-6 BCAL£: /*= EXHIBIT 6 o CD -Qu. 1 2 3 4 5 6 7 8 9 10 11 12 i 13c* " I 14 isM 15 SI S 17 18 19 20 21 22 23 24 25 26 27 28 C RESOLUTION NO. 5085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APgRO-V-E-TCr-. WITH CONDITIONS .TENTATIVE 1-SAP (CCT 77-6)y FOR A 12 LOT 11 DWELLING UNIT DB¥Ei©5?MENT GENERALLY LOCATED ON THE SOUTH SIDE OF CHESTNUT BETWEEN HIGHLAND AND ADAMS. APPLICANT: R. J. BRYAN. WHEREAS, on April 13, 1977, the Carlsbad City Planning Commission adopted Resolution No. 1354 recommending to the City Council that Tentative Map(CT 77-6) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on May 3, 1977 considered the recommendations of the Planning Commission; and WHEREAS, said Tentative Map has been declared to have a nonsignificant impact on the environment and a Negative Declaration has been prepared and filed in compliance with the requirements of the City of Carlsbad Environmental Protection Ordinance of 1972; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: A. That the above recitations are true and correct. B. That the findings of the Planning Commission in Resolution No. 1354 constitute the findings of the City Council in this matter except as they relate to the public facilities element of the General Plan regarding the availability of sewer service. The City Council finds that sewer service is not available for this development as of the date of this approval. However, sewer service may be available in the future. The City Council 03OO u ^. CM <r O C — caZ O- w "* 5 IE >• ° O 1 2 3 4 5 6 7 8 9 10 11 12 13 OU.-I 14Q o i £liM 15 £>?"*~ a 16 17 18 19 20 21 22 23 24 25 26 27 28 will, by incision of an appropriate corraition to this Tentative \t*s Subdivision Map' approval, insure that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the City Council will add a condition that a note be placed on the final map providing that building permit may not issue for lots in the subdivision unless the City Engineer determines that sewer service is available. Since the final map cannot be approved unless sewer service is available and building cannot occur'within the subdivision, unless sewer service remains available, the City Council is satisfied that the requirements of the public facilities element of the General Plan have been met insofar as they apply to this Tentative Subdivision Map approval. C. That said Tentative Subdivision Hap, together with the provisions for its design and improvement and subject to the conditions of this resolution, is consistent with all applicable general and specific-plans of the City of Carlsbad. D. That Tentative Map (CT 77-6) is hereby approved subject to all applicable requirements of the Carlsbad Municipal Code and to the satisfaction of the following conditions: 1. The approval is granted for the land described in the application and any attachments thereto and as shown on the plot plan submitted labeled Exhibit A, dated April 5f 1977, on file in the Planning Department and incorporated by reference herein. 2. Park-in-lieu fees shall be paid to the City prior to approval of the final map. No credit shall be given for the open space or recreational facilities provided by this development. 3. A 30 foot offer-of-dedication shall be made to the City along the westerly and southerly boundaries of 1 2 3 4 5 6 7 8 9 10 11 12 I 13 o'"g| 14 l^ii 15u:" 3<^ tu w>- *" _ « •» £z "j 8 d J-O O g *" m S2 !3 nw> i- tc J-l o ta U 18 19 20 21 22 23 24 25 26 27 28 / _,-•-""'/ this tract prior to, or concurrent with, final map approval. 4. All necessary hydrants as required by the Fire Depart- ment shall be in service prior to combustibles being placed on site. 5. This subdivision is approved on the express condition ' that the final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is available to serve the subdivision 6. This subdivision is approved upon the express condition that building permits will not be issued for development on the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such permit and will continue to be available until time of occupancy. If the City Engineer determines that sewer facilities are not available, building permits will not be issued until arrangements, satisfactory to the City Council, can be made to guarantee"that all necessary sewer facilities will be available prior to occupancy. This condition shall be noted on the final map. 7. This Tentative Subdivision Map shall be subject to any further approvals as may be necessary in connection with such plan for the allocation of sewer service aaong competing uses as the City Council may adopt. If an allocation plan is adopted prior to final map approval, the applicant shall satisfy the requirements of such plan as a further condition of this Tentative Sub- division Map approval. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 17th day of May r 1977 by the following vote, to wit: AYES: Councilman Frazee, Packard and Councilwoman Casler NOES: ABSENT Councilman Lewis ATTEST Councilman Skotnicki<L/O ROBERT C/FRAZEE, MaySr (SEAL) 6 o oOT_J . CC ^VINCENT F. BlONDO, J\TTORNEY • CITY OF C-^ 1-o ^-^ eo f^o>1200 ELM AVENUE^RLSBAD, CALIFORNIA0 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. 5086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVKKJ^^"^. A PLANNED UNIT DEVELOPMENT PERMLT""(PUD-1Q) ' . FOR A 12 LOT 11 DWELLING UNIT DEVEJ^OPj^E^P-^ ' GENERALLY LOCATED ON THE SOUTH SIDE OF CHESTNUT BETWEEN HIGHLAND AND ADAMS. APPLICANT; R. J. BRYAN WHEREAS, the Planning Commission of the City of Carlsbad did on April 13, 1977 hold a duly notice!public hearing to consider the application of R. J. Bryan for a Planned Unit Development permit for a 12 lot 11 dwelling unit development on property generally located on the south side of Chestnut between Highland and Adams, more particularly described as: That portion of Tract 240 of Thum Lands, in the City of Carlsbad, State of California, according to the Map thereof No. 1681, filed in the office of the County Recorder of said San Diego County, December 9, 1915, Assessor's Book 205, Page 210, Parcel 07, and WHEREAS, said Planned Unit Development has been declared to have a nonsignificant impact on the environment and a Negative Declaration has been prepared and filed in compliance with the requirements of the City of Carlsbad Environmental Protection Ordinance of 1972; and WHEREAS, at the conclusion of said hearing, the Planning Commission of the City of Carlsbad, adopted Resolution No. 1358; and WHEREAS, on May 3, 1977 the City Council held a public hearing on the matter and received all recommendations and heard all persons interested in or opposed to the approval of Planned Unit Development Permit (PUD-10); o m 2 3 4 5 6 7 8 9 10 11 12 _. 13 S"g| 142°i?2 fc_ iu ii 2 £$2 15«03J -10 -'•I5 S|SQ :16Sgs^ It " 17> I— CC J- ' I " 18 19 20 21 22 23 24 25 26 27 28 r NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: A. That the above recitations are true and correct. B. That the findings of the Planning Commission, in Resolution No. 1358, constitute the findings of the City Council in this matter. C.. That the Planned Unit Development Permit is granted for the reasons set out in this resolution and subject to all applicable requirements of the Carlsbad -Municipal Code and to the satisfaction of the following conditions:*_ 1. The approval is granted for the land described in the application and any attachments thereto, and as shown on the plans submitted labeled Exhibits B & C, dated March 3, 1977; Exhibit D, dated March 23, 1977; and Exhibit E & P dated April 6, 1977, all on file in the Planning Department and incorporated by reference herein. The location of all roadways, parking areas, landscaping and other facilities or features shall be located substantially as shown on Exhibit D, E and F unless otherwise provided herein. 2. The conditions shall be appropriately completed and the project commenced within 18 months from final City action. 3. In addition to the required details to be shown on the final PUD plan, the following shall be included: a) Proper lot numbers in sequence. b) Twenty-four foot minimum driveway wi'dth. c) An acceptable redesign of the guest parking area, showing not less than 11 spaces. d) Fencing plan for the recreational vehicle storage area. 4. Building locations and setbacks shall be shown on the final PUD plan in substantial conformance with Exhibit C, and in no case shall they exceed the provisions of Section 21.45.120 No. 13. 5. Prior to the issuance of building permits, the applicant shall submit landscape and irrigation plans to the 2. c- . 1 2 3 4 5 6 7 8 9- 10 11 120 COci « T r£ S § 13 cc < M' 8"&sl 14 |||| 15 *-'fc"5- 16 0 K " §HO c/>>t £ 17<' <> ° 5 18 19 20 21 22 23 24 25 26 27 28 Jf. • ~jfc • Director of Parks and Recreation for review and approval. All improvements shall be installed prior to final occupancy. 6. Lighting adequate for pedestrian and vehicular safety shall be provided to the satisfaction of the City Engineer prior to the issuance of final occupancy. 7. All utilities shall be placed underground. The CC&R's for this project shall state that individual, exterior television antennas are not permitted. 8. One-hour fire-resistive construction shall be utilized for all separation walls, floors and ceilings. A separate utility system shall be provided for each dwelling unit. 9. No wall or fence shall be constructed closer than twenty feet from an area designated for possible future street alignment along the south property line (this would "not preclude building a normal forty-two inch high fence in the 20 foot area). 10. No wall or fence shall exceed 6 feet in height within the project area. 11. CC&R's for the PUD shall be approved by the Planning Director prior to issuance of any building- permits. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 17th day of May r 1977 by the following vote, to wit: N AYES: Councilman Frazee, Packard and Councllwoman Casler. NOES: Councilman Lewis . ABSENT: Councilman Skotnicki /j Kt^fC .^L~^>ROBERT' C. FRAZEE, Mayor ATTEST : /£/ /£sLJA4lj£'f £ . £s7/L^>**(^_S feAGA^ET E. ADAMS, (City Clerk / (SEAL) - : • 3. 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 C RESOLUTION NO. 6748 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR TENTATIVE MAP CT 77-6 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 17th day of May, 1977, adopted Resolutions No. 5085 and No. 5086 approving, with conditions, Tentative Map CT 77-6 and Planned Unit Development PUD-10; and WHEREAS, Tentative Map CT 77-6 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 30, 1981 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 impo- sition of such conditions and agreed to comply with them; and WHEREAS, the approval of an extension of Tentative Map CT 77-6 subject to such conditions, in lieu of denial of the map, will allow the project to go forward avoiding the unnec- \essary delay to the City and to the Developer involved with V denial and the new application which would then be approved subject to the same set of conditions; and 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 21 22 24 <vU 26 27 28 WHEREAS, both the Developer and the City wish to extend the map subject to the additional conditions; 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 CT 77-6 and Planned Unit Develop- ment PUD-10 are hereby extended for one year from December 30, 1981 to December 30, 1982, subject to the execution and fulfill- ment of all the conditions of Resolutions No. 5085 and 5086 and the following additional conditions: 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 December 1981 is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and approval for this project shall be void. 2) The applicant shall provide a school availability letter from the Carlsbad Unified School District prior to the final map approval . 18 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 1981 between• Thomas W. Carroll and Jean C. Carroll and the City of Carlsbad, marked Exhibit A and attached hereto, is approved and the Mayor is authorized to execute such agreement on behalf of the City. 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. 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 15th __day °f December , 19 81, by the following vote, to wit: AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin NOES: None ABSENT: None RONALD C. PACKARD, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Cjlerk (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 <aay of 1 9 $•) (. between the City of Carlsbad, a municipal corporation, (hereinafter called "City") and TUs^ ui^ CJ > (L &/£re£>£-C( hereinafter called "Subdivider" ) . RECITALS ' • i ' . 1.' Government Code Section 66452. 6(e) and Carlsbad Municipal s . . 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 Pat io v . Permanent Rent Control Board , 110 Cal. App.3d 915, 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 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. A3' 3. Government Code Section 66452. 6 (d) and Carlsbad Municipal . Code Sections 20. 1 2.1 00 (d) and 20.24.160 provide that expiration of a tentative subdivision map shall terminate all proceedings and that no final map or parqel map for any property covered 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 . CTT f*?"- (s> _ which was initially approved on . Mftv/'., .. 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. 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 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 2. 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. 9. 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 general plan and Municipal Code. 10. 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 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 V • . Subdivider's request for extension to ensure that the public health, safety and welfare or the environment are 3, 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 i» 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 A 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 it* c • • o 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 Subdivider1 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\~ TJ"^ . • 3. Subdivider knowingly and voluntarily consents to the imposition of a condition of approval of the extension of Tentative Subdivision Map No. £ »" M" ^ 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 following additional conditions: A, &wc> iKJCof^^oft-^T^-^ VlfcfZSio By 4. The provisions of Carlsbad Municipal Code Sections 20.12.110 and 20.24.180, as appropriate, shall govern the extension of the map which is the subject of this agreement. 5. A 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 ,7 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 been approved. ATTEST: APPROVED AS TO FORM: to, ^JR. , S. HETSJTSCHKE, City Attorney CITY OF CARLSBAD, a municipal corporation ALETHA L. RAUTENKRANZ, City Clerk MAYOR (Ma^or Subdivisions) CITY ENGINEER (Minor Sub- divisions) C^L^^Q, Attorney 6. EXHIBIT A " CONDITIONS FOR APPROVAL OF TENTATIVE MAP EXTENSION FOR CT 77^ 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 datedCecember- -£ 1981 is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and approval for this project, shall be void. 2) The applicant shall provide a school availability letter from the Carlsbad Unified School District prior to the final map. . ;;.' ......:.. '..-•. \ r/