HomeMy WebLinkAbout1982-07-20; City Council; 6468-2; Tentative map extension- Navarra DriveCITY OF CARLSBAD - AGENDArflLL
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MTQ. 7/20/82
DEPT.__ENG,
TITLE: TENTATIVE MAP EXTENSION
CT80-41/CP-135
(Roy Ward) -NAVARRA DRIVE
DEPT. HD.
CITY ATTY
CITY MGR
RECOMMENDED ACTION:
Adopt Resolution No.approving a one-year extension
of time for Tentative Map CT80-41 and Condominium Permit CP-135
ITEM EXPLANATION:
Carlsbad Tract 80-41, is a 14-unit subdivision located on the
south side of Navarra Drive. The applicant is requesting
that the tentative map be extended for a one-year period
ending July 22, 1983.
The tentative map was originally approved on January 20, 1981,
per Resolution No. 6468.
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 Facilities Fee
Agreement as per the latest City Council Policy No. 17. The
subdivider 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:
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A. Letter requesting extension, dated June 29, 1982
B. Location Map
C. Resolution No.approving a one-year extension
of time for Tentative Map CT80-41 and CP-135.
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June 29, 1982
Mr. Richard H. Allen
City Engineer
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA. 92008
Re: Extension of approved Tentative Map project # CT 80-41
Dear Richard:
This letter will serve as a request to extend the expiration date
of the approved tentative map for Project # CT 80-41 from July 22,
1982 to July 22, 1983.
Reasons for this extension are as follows:
1. Lack of acceptable financing.
2. Todays struggling market.
Attached is the extension fee in the amount of $250.00.
Very truly yours,
Roy J.
Owner
Navarra Properties
RJW/rhj
Attachment
COPY
JUN - o
Cl I Y UF CARLSBAD
LSBAD
EXHIBIT "A"
ROY J. WARD CO. Real Estate Investment 1207 "D" Elm, Carlsbad, California 92008 • 714 729-4912
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IOCATIO
EXHIBIT "B1
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CERTAIN CONDITIONS
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RESOLUTION NO. 6945
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF
TIME FOR TENTATIVE MAP CT80-41 SUBJECT TO
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
20th day of January _ , 1981, adopted Resolution No. 6468
approving, with conditions, Tentative Map CT 80-41 and CP-135.
WHEREAS, Tentative Map CT 80-41 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
July 22, __ , 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; 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
imposition of such conditions and agreed to comply with them;
and
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WHEREAS, the approval of an extension of Tentative Map
CT 79-18 subject to such conditions, in lieu of denial of the
map, will allow the project to go forward avoiding the
unnecessary delay to the City and to the Developer involved with
denial and the new application which would then be approved
subject to the same set of conditions; and
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 80-41 and CP 135 are hereby
extended for one year from July 22, 1982 to July 22, 1983 ,
subject to the execution and fulfillment of all the conditions
of Resolution No.s 6468 and the following additional
conditions:
(1) This approval 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,
1982, on file with the City Clerk and incorpor-
ated 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 hot be consistent with the
General Plan and the 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 subdivision map dated June 30, 1982 between
ROY J. WARD 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.
1 D. That this extension is approved in reliance upon
2 said agreement. Any legal challenge to or failure to perform
3 said agreement or the conditions of this resolution shall render
4 this approval void and the map shall not be final.
5 PASSED, APPROVED AND ADOPTED at a regular meeting of the
6 City Council of the City of Carlsbad, California, held on the
7 20th day of July , 19 82 , by the following vote, to
8 wit:
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10 AYES: Council Members Casler, Lewis, Kulchin, Chick and Anear
11 NOES: None
12 ABSENT: None
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19 MARY CASLER, MAYOR
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21 ATTEST:
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ALETHA L. RAUTENKRANZ, City ClerkV
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• , CT 80-41
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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
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This Agreement is made this /BO— day of .jl U/LP
between the City of Carlsbad, a municipal corporation,
(hereinafter called "City") and KOV
a __(hereinafter called "Subdivider").
RECITALS
1." Government Code Section 66452.6(e) and Carlsbad Municipal
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 '! 11 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. C-T
which was initially approved on JCUAOQTW ^-& . /f? fl .
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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 r welfarer 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. ' V .
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.
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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
1 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.
3. Subdivider knowingly and. voluntarily consents to the imposition
..of a condition of approval of the extension of Tentative
Subdivision Map No . iffi "~ tf { 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 shill void the approval of such extension. The
map shall not final and the development shall not proceed
until a new tentative subdivision map has bee'n approved.
ATTEST:
APPROV:
CITY OF CARLSBAD, a municipal
corporation
ALETHA L. RAUTENKRANZ,
City Clerk
MAYOR (Manor Subdivisions)
CITY ENGINEER (Minor Sub-
divisions)
SUBDIVIDER
R\ , City Attorney
DANM^Sl/i/HENTSvCI-iKE, Assistant
City Attorney
6.