HomeMy WebLinkAbout1982-12-21; City Council; 6238-3; TENTATIVE MAP EXTENSION CT 75-9|B| PARDEE CONSTRUCTIONa kl;(
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2. Location Hap
Letter requesting extension received 11/5/82,
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3088 PI~ PIC0 DR. e SUITE 202 * CARLSBAD, CA 92008
p.0. BOX 1129 e PHONE * AREACODE714 * 729-4987
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City of Carlsbad
Engineering Department
1200 Elm Avenue
Carlsbad, California 92008
RE: CARLSBAD TRACT 75-9(B) SANTA FE KNOLLS (J#7596)
Dear Sir:
On behalf of our client and the property owner, Pardee
Construction Company, we are requesting a time extension
on the tentative map expiration for the Carlsbad Tract
75-9(B), Santa Fe Knolls.
We have reviewed the actions of the City Council and the
Leucadia County Water District Board with relation to the
Subdivision Map Act, Section 66452.6, and compute the ex-
piration date to be November 9, 1982. Please refer to the
attached chart for details. Also enclosed are the follow-
ing items:
O Processing Fee - $500 (Check No. 18638)
O Executed Waiver of Prohibition of Conditions
O
O
We trust that this request is complete, if there are any
questions on this matter, please do not hesitate to con- tact our office.
Executed Public Facilities Fee Agreement
Copy of final Report from Title Insurance and Trust
Sincerely,
Robert C. Iadwig
RCL: KD/cg
En c 1 o sure s
cc: Russ Ofria/Pardee Construction EXHIBIT
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LOCATION MAP
LA COSTA AVE
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+ CITY LlLriiTS SION ESTANCI
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t c . XT 75-WB)
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RESOLUTION NO. ~ 7090 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF
TIME FOR TENTATIVE MAP 75-9(B) SUBJECT TO
CERTAIN CONDITIONS.
WHEREAS, Section 66473.5 of the Subdivision Map Act
provides that a tentati*ve subdivision map may not be approvet
unless it is consistent with all applicable general and spec
plans; and
WHEREAS, the City Council of the City of Carlsbad o
4th day of January, 1977, adopted Resolution No. 4072 approv
with conditions, Tentative Map CT 75-9, and on June 3, 1980
adopted Resolution No. 6200 approving with conditions, revis
Tentative Map CT 75-9(13); and
WHEREAS, Tentative Map CT 75-9(B) is now inconsist€
with the general plan of the City of Carlsbad because the C
Council has found that public facilities are inadequate; anc
WHEREAS, said Tentative Subdivision Map will expirc
November 9, 1982 and the applicant has requested an extensi
time which cannot be approved unless the subdivision can be
brought into conformity with the geoeral plan; and
WHEREAS, the addition of certain conditions of app
to the subdivision will allow it to be found to be in confo
with the general plan and the developer has requested the
imposition of such conditions and agreed to comply with th6
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WHEREAS, the approval of an extension of Tentative M
CT 75-9(B) subject to such conditions, in lieu of denial of t
map, will allow the project to go forward avoiding the
unnecessary delay to the City and to the Developer involved i
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 ex
the map subject to the additional condition;
NOW, THEREFORE, BE IT RESOLVED by the City Council
the City of Carlsbad, California, as follows:
A. That the above recitations are true and correct
B. That Tentative Map CT 75-9(B) is hereby extende
for one year from November 9, 1982 to November 9, 1983, scbj
to the execution and fulfillment of all the conditions of
Resolution No. 4072 and 6200 and the following additional
condition:
(1) This approval is expressly conditioned on the
payment by the applicant of a public facilitic
as required by City Council Policy No. 17, dat
February 24, 1982 and effective April 2, 1982.
fi.le with the City Clerk and incorporated here
reference, and according to the agreement exe
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by the applicant for payment of said fee. If
fee is not paid as. promised, this application
not be consistent with the General Plan and t
project cannot proceed and this approval shal
void.
C. That-the agreement for waiver of prohibition a
the imposition of conditions upon the approval of an extens
a tentative subdivison map dated November 4, 1982 between P
Construction 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.
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D. That this extension is approved in reliance up0
said agreement. Any legal challenge to or failure to perfor
said agreement or the conditions of this resolution shall re
this approval void and the map shall not be final.
PASSED, APPROVED AND ADOPTED at a regular meeting o
City Council of the City of Carlsbad, California, held on th
21st day of I3eceI-e , 1982, by the following vot
wit:
AYES:
NOES : None
ABSENT: None
Council tkmkers Casler, ~ewis, ICulchin, Chick and PI
LIL&,J- &/
MARY H. FASLER, Mayor
I I ATTEST:
fiV43J R. hWIXZ, Deputy City Clerk
(SEAL 1
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.EXHI BIT "A" c-
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AGREEMENT FOR WAIVER OF PROHI3ITION
AGAINST THE IMPOSITION OF CONDITIONS
UPON THE APPROVAL OF AN EXTENSION OF
A TENTATIVE SUBDIVISION e MAP
, I This Agreement is made this 4 day of J/ 4.8
19cy c- between the City of Carlsbad, a. a municipal corporation,
-. ' (hereinafter called "City" ) an6 Pardee Const- -'
a California Corporation (hereinafter called 'I Subdivider") .
RECITALS .. *
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1.. Government Code Section 66452,6(e) and CarPsbad Municipal
Code Sections 20.12.110 and 10.24.780 permit Subdividers to
requesk and City to approve, conditionally approve or deny
extensions of time for the expiration of tentative maps or
tentative parcel maps (hereinafter collectively called
s
tt .o "Tentative Subdivision Maps") o
* 2, El Patio v, Termanent Rent Control --- Board, 110 Cal. App.3d
915, modified 111 Cal. App 3d 788 (7980) indicates that the
Governnlcnt Code (Subdivision Nap Act) may not authorize City
' to impose new conditions; i*-eOf 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
a11 proceedings and that no final map or parcel map for any
c * property covere-d by the tentative subdivision map shall be
filed without first procepsing a new tentative subdivision
map 0
4. ~ Subdivider has requested City to approve the extensioin of
time for Tentative Subdivision Map No. C.T, 75-91~)
. which was initially approved on June 3, 1980
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i - 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.
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 thcroughfares.
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.
executed a contract which is on file with the City Clerk to
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Developer agrees to pay said fees and has
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8. Because the original approval of said, Tentative Subdivision
'a 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.
Since the initial approval of the Tentative 'Subdivision Map
there may have been changed circumstances which require
additional conditions of approval on the.extension of the
Tentative Subdivision >lap 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.
City arguably may not, without the voluntary consent of
Subdivider, impose upon the extension of said Tentative
Subdivision Hap conditions requiring payment of the fees
mentioned above or conditions necessary to protect the
public health, I safety or welfare, or the environment or
ensure consistency . with the general plan or Municipal Code.
Without such voluntary consent of Subdivider 'to the
imposition of conditions City may be required to deny
Subdivider's request for extcnsi.on to ensure that the
pub1i.c health, safety and welfare or.'thc cnvironnent are
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protected or that the general plan or Municipal Code
requirements are satisfied.
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 a
Subdivider realizes that denial of the requested extension
could result in the expiration of the tentative subdivision
Approval of the extension of
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~ 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 Environmenfal 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.
City has reviewed the Subdivider's rkqucst for an extension
of tiriic for said tentative subdivision map and finds that
granting the reqticst 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 scFject to whatever new or revised conditions the
City in its sole discretion deems appropriate,
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2. .Subdivider knowingly and voluntarily waives any and all rights
the unconditioned extension of Tentative Subdivision Map N0.C.q I_
Subdivider knowingly and voluntarily consents to the impositio
of a condition of approval of the extension of Tentative
Subdivisioq Map No.75-9(B) 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 porti'on thereof ar
to the following additional conditions:
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r- fhis approval is expressly conditioned on the payment by
the applicant cf a public facilities fee as required by
_- City Council PoJicy No. 17, issued 2/24/82 and effective
*-- 4/2/82, on file with the City Clerk and incorporated here.
eo by reference, and according to the agreement executed by -.. . the applicant for payment of said fee. If said fee is no
paid as promised, this application will not be consistent
with the General Plan and the project cannot proceed and
this approval s'hall be void.
4. The provisions of Carlsbad Municipal Ccde Sections 20.12.110
and 20.24.180, as appropriate, shall govern extension of the
map which' is the subject of this agreement.
If this agreement is' for an extension of a tentative subdivic
map for a minor subdivision, the appeal of the City Engineer'
approval, or conditional approval, of the extension by any pz
sha3.1 void this agreement unless ,
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the agreement is subsequently approved by- the City Council.
Any action by Subdivider to challenge the legality'of this
agreement OK any failure by Subdivider to pay the fees and
comply with any other conditions applicable to the
6.
c . extension sh-rll void the approval of such extension. The
map shall not final and the development shall noe proceed
until a new tentative subdivision map has be6n approved,
- -_ .. CITY OF CARLSBAD, a municipal
ATTEST : corpora t ion
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MAYOR (M&or Subdivisions)
CITY ENGINEER (Minor Sub- divisions)
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.. SUBDIVIDER
* '. PARDEE CONSTRUCTION COMPANY, a
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. APPW- TO FORM: .
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(Corporation)
STATE OF CALIFORNlA -. ' ,'. -e. .. \-. , ,', ,
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} ss. . COUNTY OF Los Anqeles ..
- before ne, the undersigncd, a Notary PubIic in and for said November 9, 1982
State, personally appeared Russell R. Ofria
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President, and SLlsan FI- Be11 u known to me to be the Vice
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W known to mc to be t known to me to t)r tile prrsons who exccutril tile within J Instiunient on lwhall of the corporation therein r!nnt>d. ant1 9 scknowledgcd to me that such coryorn:ion excvutrd tl1r witllin b instrument ptirsunrit to its by-laws or a resolution of its board of dirwtors.
WITNESS my hnnd and official seal.
Assistc Sccretnry of the corporation that executed the within instrument: '
OFFICIAL SEAL
F'f?Ir\ICIPAL OFFICE IN
LOS ANCIILfl; COUNIY Signature
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, ... - Belinda Wheatley
Name (Typed or I'rintrd)
(Thh area for omotrl no1arl.l sad)
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