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HomeMy WebLinkAbout1982-01-05; City Council; 6763-2; Tentative Map extension CT 80-9(A)/PUD-20(A)-- - CIT . 3F CARLSBAD - AGENDA SILL AB# 674J- *. MTG. 1/5/82 DEPT. ENG TITLE- TENTATIVE MAP EXTENSION CARLSBAD TRACT80-9(A)/PUD-20(A) (THE WOODWARD COMPAN I ES) E DEPT. HD. CITY Ad26 CITY MGR~& RECOMMENDED ACTION: Adopt Resolution No. a one-year extension of time for Tentative Map PUD-20(A) and CP-60. ITEM EXPLANATION: Carlsbad Tract 80-9(A)--known as the Meadows--is a 301-unit subdivision located west of Melrose Avenue and north of Corintia Street. The appli- cant is requesting that the tentative map be extended for a one-year period ending January 15, 1983. The tentative map was originally approved on July 15, 1980 per Resolutions No. 6233, 6234 and 6235 and subsequently revised on October 20, 198 . The applicant agreed to pay public facilities fees with the origina application. Because of the recent revision to this tentative map, ning and Engineering staffs recommend that no additional conditions requ i red. FISCAL IMPACT: Plan- be Additional public facilities required by this project will be offset by the payment of the public facilities fee by the developer. EXH I BITS : A. Letter requesting extension B. Location Map C. Resolution No. 675.2 approving a one-year extension of time for Tentative Map CTBO-9(A), including PUD-20(A) and CP-60. L?, 5100 Campus Drive Newport Beach, California 92660 (7l4) 955-2902 December 22, 1981 Mr. Richard Allen, Jr. Engineering Department City of Carlsbad 1200 Elm Ave. Carlsbad, Calif. 92008 Dear Richard: The Woodward Companies hereby request the City of Carlshad to extend previously approved tentative map CT 80-9 (A). Due to current economic conditions we are making this request. I have enclosed a copy of the check we paid to revise the tentative map. As you pointed out, our revision fee should have been $ 250 not $ 1,000 as was paid. Our extention fee as per your letter is $ 500. Please remit to this Company the balance of $ 250 which was an over payment. Thank you for your courtesy in this matter. Sincerely, THE WOODWARD COMPANIES A "Scdtt E. Woodward SEW/lrb enclosure !RECEIVED DEC 2 2 1981 CITY OF CARLSBAD ENGINEERING DEPARTMENT I*- .' 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6752 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR TENTATIVE MAP CT80-9(A) WHEREAS, the City Council of the City. of Carlsbad on the 15th day of July, 1980 adopted Resolutions No. 6233, 6234 and 6235 approving, with conditions, Tentative Map CT80-9, Condominium Permit CP-60 and Planned Unit Development PUD-20; and WHEREAS, the City Council of the City of Carlsbad on the 3rd day of November, 1981 adopted Resolution No. 6720 amending Tentativ.e Map CT80-9(A); and Planned Unit Development PUD-20(A) ; and WHEREAS, the subdivider has requested a one-year extension of time for said map from January 15, 1982 to January 15, 1983; 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 Tentative Map CT80-9(A) , Condominium Permit CP-60 and Planned Unit Development PUD-20(A) are hereby extended from January 15, 1982 to January 15, 1983, subject to execution and/or fulfillment of all conditions of Resolutions No. 6234 and 6720. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at a regular meeting held the 5*day of , 1982, by the following vote, to wit: AYES: NOES: None Council Menbers Packard, Casler, hear, Lewis and Kulchin ABSENT: None *&$2L2c/4-kzzL-f7 RONALD C. PACKARD, Mayor ATTEST : 4 LtLitZL ALETHA L. RAUTENKRANZ, .C i ty C1 erk (SEAL) 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 January 7, 1981 The Woodward Companies. 5100 Campus Drive Newport Beach , CA 92660 Enclosed for your records, please find a copy of the following Resolution 6752 -I-- , adopted by the Carlsbad City Council on January 5, 1982 LR : adm Enclosures ( 1 ) Sincerely, LEE RAUTENKRANZ . 'I/ City Clerk 1 TELEPHONE: (714) 438-5621 E' AGREEMENT FOR WAIVER OF PROHIBITION AGAIhST THE IMPOSITION OF CONDITIONS UPON THE APPROVAL OF AN EXTENSION OF A TENTATIVE SUBDIVISION MAP This Agrnement is made this - 6th day of January r 19 - 83 between the City of Carlsbad, a municipal corporation, (hereinafter called "City") an< The Woodward Companies I a Individual (hereinafter called "Subdivider"). \ RECITALS 1.' Government Code Section 66452.6(e) and Carlsbad Municipal 5 Code Sections 20 . 12.11 0 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 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. 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 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. CT 80-9(A) which was initially approved on June 11, 1980 . - 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. 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 4 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 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. 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 Subdivider's request for extension to ensure that the - public health, safety and welfare or the environment are 3. .. 7 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 b 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 4. R A 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 aqree 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. Subdivider knowingly and voluntarily waives any and all rights to the unconditioned extension of Tentative Subdivision Map No. CT 80-9.(A) 2. 3. Subdivider knowingly and voluntarily consents to the impositio- of a condition of approval of the extension of Tentative Subdivision Map N0.m 80-9 @)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 an5 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 hereir. 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 wili not be consistent with the General Plan and the project cannot proceed and this approval shall be void. 4. 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 agreeinent. 5. If this agreement is for an extension of a tentative subdivisicn 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. 6. 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 begn approved. CITY OF CARLSBAD, a municipal ATTEST: corporation BY ALETHA r,. RAUTENKRANZ, MAYOR (Mdjor Subdivisions) City Clerk CITY ENGINEER (Minor Sub- d i v is ion s ) SUBDIVIDER sident 1 c ty Attorney City Attorney (Notarial acknowl edgernent of execution by subdivider must be attached) (Affix coxporate seal if appropriate) 6. In A Jss. Orange I p STATE OF CALIFORNIA X COUNTYOF 5 On January 6, 1983 ,before me, the undersigned, a Notary Public in and for 0 i= 2 said State, personally appeared Scott E. Woodward c 2 ._ LL personally known to me (or proved to me on the basis of satis- factoryevidence) to be the person(s) whose name(s) Ware sub- scribed to the within instrument and acknowledged to me that he/she/they executed the same. WITNESS my hand and official seal. Signatur (This area for official notarial seal)