HomeMy WebLinkAbout1983-02-15; City Council; 6677-2; Tentative Map Extension- GR CapitalCARLSBAD —
77-
MTG..2-15-83
TENTATIVE MAP EXTENSION
CT 81-18/CP 164
pppT ENG (GR CAPITAL)
OFPT. HD
QUJ
Oo:a.Q.
o
_I
o
oo
RECOMMENDED ACTION:
Adopt Resolution No. 7/39 approving a one-year extension of time
for Tentative Map 81-18 and Condominium Permit CP 164.
ITEM EXPLANATION;
Carlsbad Tract 81-18 is a 28-unit subdivision located on the north
side of Unicornio Street. The applicant is requesting that the
Tentative Map be extended for a one-year period ending February 4,
1984.
The Tentative Map was originally approved on August 4, 1981 per
Resolution No. 6624.
The applicant agreed to pay public facilities fee 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 :
1. Letter requesting extension dated January 25, 1983
2 . Location Map
3. Resolution No. *7/^l approving a one-year extension of time
for Tentative Map CT 81-18 and CP 164.
W
HENRY WORLEY ASSOCIATES,INC.
CIVIL ENGINEERING D SURVEYING D PLANNING
7876 CONVOY COURT, SUITE A-2
SAN OIEGO, CA 92111 (714) 571-7728
TO: CITY OF CARLSBAD
1200 ELM AVE.
CARLSBAD, CAL. 92008
DATE JAN 25, 1983
JOBNO.81-59
ATTENTION:
G«nd*m«n:
W« art forwarding
No.
1
O ByM*»l
Description
O By M*u*ngw
Drawing No.
AGREEMENT FOR WAIVER OF PROHIBITION-T.M. EXTENSION
PUBLIC FACILITIES FEE AGREEMENT
FILING FEE FOR T.M. EXTENSION $375.00
We respectfully request a one year extension of time for
Tentative Map CT 81-18.
This Material it i«nt for D Checking O Your Fik» Q Approval D Information
Q Othtf
Q P!MM tign.
COPIES TO:
_Copi« and rtturn to our offics.
VERY TRULY YOURS
EXHIBIT
o
CN
EH
H
OQ
H
33
X
' w
1
2
3
4
5
6
7
t
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
•27
28.
RESOLUTION NO. 7139
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
• CARLSBAD, CALIFORNIA, -APPROVING AN EXTENSION OF
TIME FOR TENTATIVE MAP CR 81-18 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
4th day of August ^ 198J-, adopted Resolution No.
6624 approving, with conditions, Tentative Map
T 81-18, CP 164
WHEREAS, Tentative Map CT 81-18 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
February 4, 1983 . and ' the "applie ant has requested
an extension of time which cannot be approved unless the
subdivision can be brought into•conformity with the general plan;
r
and •
WHEREAS, t'h e 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
WHEREAS, the approval of an extension of Tentative >'ap
.CT 81-18 sub]ect to such conditions, in lieu of denial of the
2
map, will allow the project to go forward avoiding the
unnecessary delay to the City and to the Developer involved with
4
5
G
*7
8
9
10
11
12
13
15
17
18
o ot"^
23
24
26
/") fV
[
r
denial and the new application which would then be approved t
i
subject to the same set of conditions; and
WHEREAS, both the Developer and the City wish to extend |
... [
themap subject to the additional condition; {
!'
MOW, 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 81-18, CP 164
. are hereby extended for one year from i
February 4, 1983 t o February 4, 1984 subi=-t I----- __ _____ : . > - i
to the execution and fulfillment of all the conditions of 1
j
Resolution No. 6624 _ 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, date:. j
February 24, 1982 and effective April 2, 1982, :n t
file with the City Clerk and incorporated hereir. by j
• reference, and according to the agreement ex ecu: ad i
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 >e
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 January 25, 1983 between
--
G.R. Capitol, Inc. - nr)cj the City of Carlsbad, marked
_.,_ ~-_mu.-. -ra— .- -IB-L . I-.-T-!.-. _L .._, mr. r- -_-... ^ „— _______ - ____ . .- — - ______ _v ---..._. TV T.— _ n- -. ___ -U-TT J
/-"IS
5
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
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 r;ender
* •
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 15th
day of February , 19_83, by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Prescott
NOES: None
ABSENT: None
MARY H. XjfASLER, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Cler¥
(SEAL)
..-.#
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 25th day of January f
19 83 between the City of Carlsbad, a municipal corporation,
(hereinafter called "City") and G. R.Capital, inc. . ,
a Corporation (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.3d
915, modified 111 Cal. App 3d 788 (1980) indicates that the
f
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. 81-18
which was initially approved on June 24, 1981 .
t
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.
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
k
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
t
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.
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.C.T.81 -1.8
3. Subdivider knowingly and voluntarily consents to the imposition
of a condition of approval of the extension of Tentative
Subdivision Map No.C-T.81-18 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.
f
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.
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
ALETHA L. RAUTENKRANZ,
City Clerk
By /t-8!L^y<—-^ .JJ
)R (Majrjor SMAYOR (MajTjor Subdivisions)
CITY ENGINEER (Minor Sub-
divisions)
SUBDIVIDER
G. R. Capital , Inc.
Nerson B. Gross, President
APPROVED_AS TO FORM:
VIN Attorney
DANIEL'ST^WIW'SCHKE, 'Assistant
City Attorney
(Notarial acknowledgement of execution by
subdivider must be attached)
(Affix corporate seal if appropriate)
6.
ff--
STATE OF CALIFORNIA,
OrangeCOUNTY OF_
ss.
January 21 19_B:
before me, the undersigned, a Notary Public in and for said State, personally appeared
Nelson B. Gross .................... _
tO (116 tfl
President
R. Cap! tal , Inc.of the_
the Corporation that executed the within Instrument, known to me to be the person who
executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged
to me that such Corporation executed the same.
OFFICIAL SEAL
SALLY S TAKAESU
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My comm. expires APR 15, 1983
WITNESS my hand and official seal.
Notary Public in and for said State./i-
ACKNOWLEDGMENT—Corporation—Wolcotts Form 222—Rev. 3-64
f
f