HomeMy WebLinkAbout1982-07-20; City Council; 6472-2; Tentative map extension- Santa Isabel StreetCARLSBAD - AGEND
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MTfi 7/20/82
DEPT.ENG.
TITLE: TFTJTATTVF MAP PXTFN^ION
CT80-42/CP136
(ZOLIN) - SANTA ISABEL STREET
DEPT. HP. faUffl
CITYATTY nS/
CITY MGR^;£^c\/ v/\RECOMMENDED ACTION:
Adopt Resolution No.approving a one-year extension of time
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for Tentative Map CT80-42 and Condominium Permit CP-136.
ITEM EXPLANATION;
Carlsbad Tract 80-42, is an 11-unit subdivision located on the south
side of Santa Isabel Street. 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, 1980,
per Resolution No. 6416.
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 ;
A. Letter requesting extension.
B. Location Map
C. Resolution No. ^?*/*/ approving a one-year extension of time
for Tentative Map CT80-42 and CP-136.
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June 25, 1982
Ja»es C. Zolia
P.O. Box 1903
Eea«ho Baat.i Fe, C»l 9206?
To wko»e it *~.jr eomeerm:
Due to the Itifk eoet of comstruetioa fumie n»d the presemt u&tertaimty
im toIajB realeetate »arket, I hare Seeiiet ae tke umiersigueFl slereloper
to delay umtil sueH ti*.e tkat »arket eoafiitioms wwrre^t t o*»ea«e*eat
of the il malt «omelo#isiu» projeet located OK Lot ^-08 is the La Costs.
I tkeyefore request mm extensioa of 'teatatire *ap CT 80-A-2.
COPY
Tours Truly
Jr.*ee C.
RECEIVED
JUL011982
CITY OF CARLSBAD
ENGINEERING DEPARTMENT
EXHIBIT "A"
LOCdTION
VIC I WITT HAP
•EXHIBIT "B1
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RESOLUTION NO. 6944
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF
TIME FOR TENTATIVE MAP CT8O42 SUBJECT TO
CERTAIN CONDITIONS
5 WHEREAS, Section 66473.5 of the Subdivision Map Act
5 provides that a tentative subdivision map may not be approved
7 unless it is consistent with all applicable general and specific
8 pians; and
9 WHEREAS, the City Council of the City of Carlsbad on the
10 20th day of January, 1981, adopted Resolution No. 6416 approving,
11 with conditions, Tentative Map. CT80-42 and CP-136.
12 WHEREAS, Tentative Map CT80-42 is now inconsistent
13 with the general plan of the City of Carlsbad because the City
14 Council has found that public facilities are inadequate; and;
15 WHEREAS, said Tentative Subdivision Map will expire on
16 July 22, 1982, and the applicant .has requested an
17 extension of time which cannot be approved unless the subdivision
18 can be brought into conformity with the general plan; and
19 WHEREAS, the addition of certain conditions of approval
20 to the subdivision will allow it to be found to be in conformity
21 with the general plan and the developer has requested the
22 imposition of such conditions and agreed to comply with them;
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24 WHEREAS, the approval of an extension of Tentative Map
25 CT80-42 subject to such conditions, in lieu of denial of the
26 map, will allow the project to go forward avoiding the unnec.es-
27 sary delay to the City and to the Developer involved with denial
28 and the new application which would then be approved subject to
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the same set of conditions; and
WHEREAS, both the Developer and the City wish to extend
the map subject to the additional condition;
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 80-42 and CP-136 are hereby
extended for one year from July 22 _ _, 19 82 to July 22 ,
19 83 , subject to the execution and fulfillment of all the
conditions of Resolution No.s 6416 _ and the following
additional condition:
(i) This approval is expressly conditioned on this
payment by the application 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 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.
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 25, 1982 between
James C. Zolin and Josephine M. Zolin 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.
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PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, held on
the 20th day of July , 19 82 f by the following vote
to wit:
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AYES: Council Members Casler, Lewis, Rulchin, Chick and Anear
NOES: None
ABSENT: None
MARY CASLER, Mayor
ATTEST:
19 ALETHA L. RAUTENKRANZ, City Clerk
~~
erk\
(SEAL)
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A
•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 J}^~ day of
19 "%3L._ between the City of Carlsbad, a municipal corporation,
(hereinafter called "City") and Mfc
a _ _ ^(hereinafter called "Subdivider") .
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; . RECITALS
... ! .'•'•• ....••
'..»'.• .'•'.- • . , ' .''_.••'
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 f 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 inapp 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- "% °- 4*-
which was initially approved on ^ _•• •_ \ [ is I "ft\
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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 healthe 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
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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 o'f 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 satisfiedc 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 arid 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 . CLT8Q"^2.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 r on file with the City Clerk and incorporated herein
by reference r 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
4 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 bee'n approved.
ATTEST:
ALETHA L. RAUTENKRANZ,
City Clerk
CITY OF CARLSBAD, a municipal
corporation
By -^.-^
MAYOR (Marjor Subdivisions)
CITY ENGINEER (Minor Sub-
divisions)
SUBDIVIDER
TO FORfo*
JR., City Attorney
City Attorney
CHKE, Assistant
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