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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^ AR« 6 Of P^^^ MTft_ 6/15/82 DEPT. ENG • TITLE: TENTATIVE MAP CT79-18/CP-21 (MC&D CAPITAL EXTENSION CORP) DFPT Hn. ^,^C CITY ATTY \jfft CITY MGR/7 ^" UJ OC£Q_ Q_ O 8 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" -1- -2- 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 . 3 LOCATION MAP EXHIBIT "B" RESOLUTION NO. 6900 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. 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 * ""' ' ~""' "~- " ~" "" r 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; . ' 9 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; and . . • 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 .25 26 27 28 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 5ij subject to the same set of conditions; .and 6 WHEREAS, both the Developer and the City wish to extend 7 the map subject to the additional condition; 8 NOW, THEREFORE, B.E IT RESOLVED by the City Council of 9 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 1 authorized to execute such agreement on behalf of the City. 2 D. That this extension is approved in reliance upon 3 4 5 6 .7 8 9 10 11 .22 23 24 25 26 27 28 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: * AYES: Council Members'Casler, IJewis, Kulchin and Chick NOES:- None 13 ABSENT: None 14 .15 16 17 18 19 20 ATTEST: * ' " H. GAMIER » Mayor. ALETHA L. RAUTENKRANZ, City CleTk (SEAL) 7 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 h 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 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. c 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] • h 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. Q 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 t 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 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 ¥ 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 4.• I 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 5. c 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. 6,