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HomeMy WebLinkAbout1982-12-21; City Council; 4053-7; Extension Time for Tentative Map-Sunset PacificCITQ5F CARLSBAD — AGEMtQBiLL ARP -*2>J3-*7 MTfi. 12/21/82 DEPT. ENG TiTLcI DcmitrcT nc cvTrricinM nr TTMC cr\o•' " ***•• Kb.LJUt.ol ur hAltMolUIN Ur 1 irlt rUK TENTATIVE MAP CT 76-15 (SUNSET PACIFIC) DEPT. HD. Y^UKr r.lTV &TTY HITY MGR.^ 2g 6 o O O RECOMMENDED ACTION: Adopt Resolution No. 7/t& approving, with conditions, a request for an extension of time for Tentative Map CT 76-15 and Planned Unit Development PUD-6 from December 30, 1982 to January 18, 1983. ITEM EXPLANATION: The subject map is due to expire on December 30, 1982. A one-year extension was granted by Council last year, however, the developer has not completed final map processing due to lack of finances. Financial hardships have prevented Sunset Pacific from processing the map until recently. Plan checking has been underway for about three weeks now and will be completed in about one week. Extending the deadline to January 18, 1983 will permit time for scheduling this final map for City Council action. Without an extension, the tentative map will expire. The applicant has signed a new public facilities fee agreement and a waiver agreement providing that the developer will not contest the imposition of additional, conditions. FISCAL IMPACT: Granting the extension of time will require the developer to pay an additional $95,050 in public facilities fees. EXHIBITS: 1. Letter requesting extension 2. Vicinity Map 3. Resolution Map No tion No. 7/JJ . CT 76-T57^ approving an extension of time for Tentative VAN DE*^and ASSOCIATES, INC. CIVIL ENGINEERS-SURVEYORS-LAND PLANNERS 17801 CARTWRIGHT ROAD, SUITE A IRVINE, CALIFORNIA 92714 AREA CODE 714 / 966-1100 November 18, 1982 RECEIVED Mr. Richard H. Allen, Jr. Acting City Engineer City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 TENTATIVE TRACT CT 76-15 CTY C? CAP.IS3AD EJi&rStM DEPARTMENT Dear Mr. Allen: On behalf of our client, Crocker National Bank, we respectfully submit a request for a one year extension of time to record final maps for Tentative Tract CT 76-15. Enclosed you will find a filing fee of $500.00. It is important that we be placed on the agenda for the December 7, 1982 City Council meeting. Please confirm with us when the item has been agendized. Sunset Pcicific, Ltd., the property owner and former applicant for the project, has been affected by the economic recession. Financial hardships have prevented Sunset Pacific, Ltd. from recording the final tract maps for CT 76-15. Crocker National Bank has a vested interest in the property and is committed to the implementation of the project. Should you have any questions please call either Bob Liewer or me at 966-1100. Sincerely, VAN DELL AND ^SSOOjEATES, INC. Lyn«tte K. Cervantes Assistant. Planner LKC : etm EXHIBIT I w VICINITY MAP A/.7;s. EXHIBIT 2 RESOLUTION NO._£L03_ A RESOLUTION OF THE CITY COUNCIL OF THECITY OF CARLSBAD, CALIFORNIA, APPROVING 3 AN EXTENSION OF TIME FOR TENTATIVE MAP CT 76-15 SUBJECT TO CERTAIN CONDITIONS 4 5 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 8 WHEREAS, the City Council of the City of Carlsbad on the 3rd day of May, 1977, adopted Resolution No. 5050 and 5051, 10 approving with conditions, Tentative Map No. CT 76-15; and 11 WHEREAS, the City Council of the City of Carlsbad on the 12 15th day of December, 1981, adopted Resolution No. 6742, approving 13 the extension of Tentative Map No. CT 76-15 from December 30, 1981 14 to December 30, 1982; and 15 WHEREAS, Tentative Map CT 76-15 is now inconsistent with the 16 general plan of the City of Carlsbad because the City Council 17 has found that public facilities are inadequate; and 18 WHEREAS, said Tentative Subdivision Map will expire on 19 December 30, 1982, and the applicant has requested an extension 20 of time which cannot be approved unless the subdivision can be 21 brought into conformity with the general plan; and 22 WHEREAS, the addition of certain conditions of approval to 23 the subdivision will allow it to be found to be in conformity 24 with the general plan and the developer has requested the 25 imposition of such conditions and agreed to comply with them; 26 and 27 /// 28 /// 6 7 8 9 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 Tentative Map CT 76-15 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 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 76-15 and PUD-6 are hereby extended from December 30, 1982 to January 18, 1983, subject to the execution and fulfillment of all the conditions of Resolution No. 5050, 5051 and 6742 and the following additional condition: (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 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 appli- cation 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 for prohibition against «K the imposition of conditions upon the approval of an extension of a tentative subdiv-sion map dated November 24, 1982 between Sunset Pacific Ltd. and the City of Carlsbad, marked 2 3 4 14 15 'W ' 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 9 21st day of December , 198 f by the following vote, 10 to wit: 11 AYES: Council Members Casler, Kulchin, Chick and Prescott NOES: Council Msniber Lewis ABSENT: None il. CITY CLERK R. KUNDTZ, Deputy City Clerk ft. CASLER, MAYOR ATTEST: 19 20 21 22 23 24 25 26 27 28 (SEAL) "* ":' '"' '..•'•EXHIBIT "A" AGREEMENT FOR WAIVER OP PROHIBITION AGAINST THE IMPOSITION OF CONDITIONS UPON THE APPROVAL OF AN EXTENSION OF . . A TENTATIVE SUBDIVISION MAP This Agreement is made this ^ 24th day of NOVEMBER , •"'-".' 1982 between the City of Carlsbad, a municipal corporation, (hereinafter called "City") and SUNSET PACIFIC. LTD. / a California limited partnership (hereinafter called "Subdivider" ). , . . RECITALS " . : » . . . - • . • . ' . ''•;•.'••...•«•'•• .» . • •'•'.' . . •'••'. '.•'•. 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.Sd 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. rv 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 70-15 . which was initially approved on MAY 3, 1977 . k 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. •'.-.. . . to ; 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. Sii5Qe the initial, apprpval-.of-the Tentative Subdivision Map -''»•• I., there may have.been:changed-circumstances;which-require — - additional .conditions of_approval_on the.extension_pf 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. •tfv 11. Without such voluntary consent of Subdivider to the - Imposition of conditions City may be required to deny \ .Subdivider1s request for extension to ensure that the public health, safety and welfare or-the environment are 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, g&fety-and^w^lf^r^^gr-the environment or ensure: consistency i y.ith^ the general -plan-or -Municipal: Code.- by,, the imposition pf^conditions on the extension of tentative subdivision 12. Subdivider realizes that denial of the requested extension '.. <could result in- the' expiration of the tentative subdivision jhap. 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. 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 agree's 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. 76-15 3. Subdivider knowingly and. voluntarily consents to the imposition ,of ^a /-condition -of approval 'of the "extension of Tentative . Subdivision ''Map 'No '. - 76-15 ' ! which : requires payment of any fees whicn:inay"-be in 'effect "at :the "time of apprpval of the final subdivision map for said subdivision or any portion thereof and '-• to -the following : additional conditions: . . i s?app.roval 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. Jf 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. '.r '••'»• -.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 v/ith 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 ^.Jintil a new tentative subdivision map has bee'n approved. ATTEST: --.:. --:._-: -CITY OF CARLSBAD, a municipal corporation*• • - .- r— _ „. .or: a cc^c-—~-- •«-•- --•--•-— f re•-' V^ZL^^J£-••&—•• {^•£^*j^t-^ MAYOR (Major.Subdivisions) ~~CITY ENGINEER (Minor Sub- . . divisions) STATE OF,CALIFORNIA ---- --- - — =.=_ic =-^~'~~~-"-Z'-~r. - -~ '-'-'.'---'.'-'--.—. '_ - -•-'- ^ - - ) COUNTY OF______Orange_ J-ss. ,„-.. On th;s__10_:day:of_^Deceinber •-"";-" „"- I Q Q J | , ; N°tary PUbMC '" ^ <" »* —persoMV appe^d^^AlSl—171——~ 'Shipknown to me to be the ^^g" p. .i^terhnoo ^ -President, ajj^, president, ajjjfc : ~_ ~ ' '.' : : -.— kxawfiXMj^sKXK^ijpcxxxxxxxxxxxx^jiriexrx of--^."Q.set Pacific Hpmebuilders , the corporation that executed the within instrument and known to me to be the persons who executed the within» instrument on behalf of said corooratin" •-:J — M,,VJ Known t instrument on behalf of said corporation, said corporation being known to me to be one of the partners ofe parSunset Pacific, Ltd. the partnership that executed the within instrument, and acknowl edged to me that «"•-'•..,« Yviinin rnstrument, and act edged to me that such corporation executed the same as partner and fl»»* •••-*"Partnership executed the same.--- _ -i« -**r^ -, OFFICIAL SEAL f j DOROTHY C. EGGERS M . NOTARY POBUC • CALIFORNIA fcJ PRINCIPAL OfTICE IN U ORANGC COUNTY My Commissioo Exp. June 22, 1984Dorothy C. E&>ers m, JDENT (This area for official notarial seal) BEST COPY 6.