HomeMy WebLinkAbout1982-06-15; City Council; 6088-2; Tentative map extension- MC&D Capital CorpCmfS^F CARLSBAD -/QlLL^^ • I I \J • %^»«i •••^^h'* •B' m • ^vl 1^ • V H^ ^^« •*» • HP ^^ If* 4. l»fl^
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DEPT. ENG •
TITLE: TENTATIVE MAP
CT79-18/CP-21
(MC&D CAPITAL
EXTENSION
CORP)
DFPT Hn. ^,^C
CITY ATTY \jfft
CITY MGR/7 ^"
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RECOMMENDED ACTION:
Adopt Resolution No.approving a one-year extension of time
for Tentative Map CT79-18 and Condominium Permit CP-21.
ITEM EXPLANATION:
Carlsbad Tract 79~18, is a ^1-unit subdivision located on the southwest
corner of Altisma and Caringa Way. The applicant is requesting that the
tentative map be extended for a one-year period ending June 20, 1983.
The tentative map was originally approved on December 18, 1979, per
Resolution No. 6019, and granted a one-year extension of time on
May 19, 1981 per Resolution No. 6518.
The applicant agreed to pay public facilities fees with the original
application. Planning and Engineering staffs have reviewed this project
and recommend one additional condition be required. The new condition
is a requirement for the developer to execute the revised Public Facil-
ities Fee Agreement as per the latest City Council Policy No. 17. The sub-
divider has signed an agreement to waive a prohibition of new conditions.
FISCAL IMPACT:
Additional public facilities required by this project will be offset by
the payment of the public facilities fee by the developer.
EXHIBITS;
A. Letter requesting e'xtension, dated May 19, 1982.
B. Location Map
C. Resolution
Tentative Map CT79-18 and CP-21.
approving a one-year extension of time for
M. C. & D. CAPITAL CORPORATION
9623 E. IMPERIAL HIGHWAY
DOWNEY, CALIFORNIA 90241
(213) 862-1639
May 19, 1982
CERTIFIED/REGISTERED RETURN RECEIPT
#P291 292 027
City of Carlsbad
1200 Elm Ave.
Carlsbad, CA 92008
ATTN: Engineering Department
Mr. Richard H. Allen, Jr., Principal Civil Engineer
Reference: Notice of Expiration of Approved Tentative Map
Project: CT79-18
Main Courtyard Townhomes Ltd., 41 Condos.
Date Approved: December 18, 1979, May 19, 1981
Dated Expired: June 20, 198/ ^
C-
Gentlemen:
Enclosed is a copy of a letter dated May 3, 1982 in
regards to subject matter. Also enclosed is a check for
$375.00 for an extention fee.
I am somewhat puzzled by the letter that was sent to me
which shows an expiration date of June 20, 1983. If this
is when the extension is to expire, then it seems to me
that you are premature in this letter. If 1983 is a mis-
print, and the deadline to get this letter in is May 30
of this year, than our request is in order.
As outlined in your letter we hereby request an extension
for the project CT79-18.
It is our intention to go ahead to get our final map
recorded. The main reason why we have not been able to
complete this project is due to the severe ressession
that has affected the construction industry. Also the
unavailability of construction funds and permanent financing.
If and when the economy and interest rates do come down to
a reasonable figure, then we will immediately go forward
to get the final map recorded as outlined in CT79-18.
EXHIBIT "A"
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Also enclosed are two signed agreements: 1.) Public
Facility Requirements and 2.) Agreement for Waiver
Prohibition Against the Imposition of Conditions upon the
Approval of Extension of Tentative Sub-division Map. You
will note on both items, I did not enter the date that the
agreement was entered into. I left this blank until such
time that you get approval in accordance with your letter
from the City Council meeting prior to the May 30, 1982
deadline.
In closing, as you know, sub-dividers and builders have
been under a severe economic hardship over the last year
and a half. It is hoped that the city has not had any
further dost to project CT79-18 making it impossible for
us to proceed with the development of this project.
I trust and hope that the City Council will use their
good judgement in helping developers hold down their costs
so that we may proceed with development plans that have
been made over the last several years to bring quality
projects to the fine city of Carlsbad. I would hope that
the City of Carlsbad would not impose additional conditions
and cost to developers that they would not be able to
proceed with their planned projects.
If the forms are not completed exactly as they should be,
you have my authority to go ahead and fill them in properly
or add additional dates etc. , that may have been left out
by me.
As time is of the essence, if you have any further questions
please feel free to call me at any time.
Sincerely,
M. C.y& D. CAPITAL CORPORATION
Harold'ft. Pfovin, C.E.O.
HRPrpg
encl .
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LOCATION MAP
EXHIBIT "B"
RESOLUTION NO. 6900
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
• CARLSBAD, CALIFORNIA, -APPROVING AN EXTENSION OF
TIME FOR TENTATIVE MAP CT 79~18 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
18th <*av °* December ,_ 197.9.) adopted Resolution So.
6019 approving, with conditions, Tentative Map
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CT 79-18 and CP-21; and was granted a one-year extension of time on May 1°,
1981 per City Council Resolution No.6518. . •
WHEREAS, Tentative Map CT 79"!8 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 ffubdivision 'Map will expire on
June 20, 1982 • . 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;
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and '-"_.-'
WHEREAS, the addition of certain conditions of approval
to- the subdivision will allow it to be found to be in conformlty
with the general plan and the developer has requested the
imposition of such conditions and agreed to comply with them;
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WHEREAS, the approval of an extension of Tent.ative >.'ap
79" 18 subject tjo such conditions, in lieu of denial of the2 ' " T~ : • . •map, will allow the project to go forward.avoiding tie {5! . \
unnecessary delay ta the City arid to the Developer involved vi.th.
denial and the new application which would then be approved
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WHEREAS, both the Developer and the City wish to extend
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the map subject to the additional condition;
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NOW, THEREFORE, B.E IT RESOLVED by the City Council of
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the City of Carlsbad, California, as follows:
A. That the above recitations are true and correct;
B. That Tentative Map CT 79~l8 and CP-21
are hereby extended for one year from
June 20, 1982 " to June 20, 1983 . ' j subject
to the execution and fulfillment of all the conditions of
Resolution.No. s 6019 and 6518 and the following
additional condition:
(1) This approv.al 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, 1962, 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
fe.e is not paid as promised, this application will j
not be consistent with the: Genera. 1 Plan andthe
! 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 subdivison map dated May 27, 1982 between
MCSD Capital Corporation • •_/__ and the City of Carlsbad, marked
Exhibit A and attached hereto, is approved and the Mayor is
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authorized to execute such agreement on behalf of the City.
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D. That this extension is approved in reliance upon
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said agreement. Any legal challenge to or failure to perform
said agreement or the conditions of this resolution shall reader ]
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 tie
15th day of June , 1982^, by the following vote, to
wit:
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AYES: Council Members'Casler, IJewis, Kulchin and Chick
NOES:- None
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ABSENT: None
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20 ATTEST: * ' "
H. GAMIER » Mayor.
ALETHA L. RAUTENKRANZ, City CleTk
(SEAL)
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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 _^T~day of _HA*Y
between the City of Carlsbad, a municipal corporation,
(hereinafter called "City") and fUt*C* £ t) ^ C+ftJ+1
a C£K/«^«*-ri<xO __(hereinafter called "Subdivider" ).
RECITALS
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1. Government Code Section 66452.6(e) and Carlsbad Municipal
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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 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.
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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 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. C.'T Itf - / j?
which was initially approved on Qec~ / If, I'tl0] •
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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
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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
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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
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
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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
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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
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.
2. Subdivider knowingly and voluntarily waives any and all rights to
the unconditioned extension of Tentative Subdivision Map No. CT" 7
3. Subdivider knowingly and voluntarily consents to the imposition
of a condition of approval of the extension of Tentative
/fSubdivision Map No. CT71*1 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
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
, . 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.
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 agreement.
5. 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 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:
CITY OF CARLSBAD, a municipal
corporation
IMO^AJOio- "K v <IV<3UjCAJ
ALETHA L. RAUTENKRANZ,
City Clerk \
By_ _ __
MAYOR (MaWor Subdivisions)
CITY ENGINEER (Minor Sub-
divisions)
APE«OVED AS
INCENT F.
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