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Home My WebLink About1983-03-15; City Council; 6336-3; TENTATIVE MAP EXTENSION CARLSBAD TRACT 80-14|PUD-16 |DIVERSIFIED FINANCIAL|(3 w > 0 05 a, a. 4 2 0 i= 0 a I8 $ z 3 0 0 CIT&F CARLSBAD - AGEN-BILL A TENTATIVE MAP EXTENSI'ON ClTY AB# 63 3 6-3 TIT1.E MTG. 3-15-83 DEPT. ENG (DIVERSIFIED FINANCIAL) CARLSBAD TRACT 80-14/PUD-16 RECOMMENDED ACTION: Adopt Resolution No. /LO approving a one-year extension of for Tentative Mdp CT &i ncl udi ng PU D- 16. I TEM EX PL A NA TI 0 IY : Carlsbad Tract r30-14 is a 20 lot subdivision located on the nc corner of Park Dr. and Hillside Dr. The applicant is requesti the tentative mllp be extended for a one-year period ending Mar 1984. The tentative m2p was originally approved on Sept. 2, 1980, pi Resolution No. 6292. A one-year extension of time was grantec March 2, 1982, per Resolution No. 6797. The applicant agreed to pay public facilities fees with the 01 appli cati on. P1 anni ng and Engi neeri ng staffs have revi ewed tl project and remmmend one additional condition be required. condition is a requirement for the developer to execute the rl Public Facilities Fee Agreement as per the latest City Counci No. 17. The subdivider has signed an agreement to waive a pri of new conditions. FISCAL IMPACT: Additional public facilities required by this project will be by the payment of the public facilities fee by the developer. EX H I B I TS : 1. Letter requesting extension dated February 18, 1983 2. Location Map 3. Resolution No. - LO approving a one-year extension of t _1L, Tentative Map CT 8 4, including PUD-16. w JENSVOLD A&CIATES ARCHITECTURE/PLANNlNG February 18, 1983 Engineering Department City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Re: Tentative Map Extension CT 80-14 20 Lot Planned Residential Development Dear Sirs: In reference to the above mentioned tentative map, Coastal Equities, Inc., dba Diversified Financial Systems, is requesting a one year time extension from the expiration date of March 1, 1983. The reason for this request is that Coastal Equities is presently undergoing Chapter 11 bankruptcy reorganization and is unable to effectively develop further or market this project. situation will be cleared up in the near future and the project can proceed as the housing market recovers. Sincerely, Hopefully this L%d& Daniel Jensvold, AIA Agent for Coastal Equities, lnc. DJ :Imc cc: Coastal Equities, Inc. / EXHIBIT 1 713 STRATFORD COURT DEL MAR, CALIFOFiNIA 92014 619-75 w LOCAT I O?I MP I CT 130-14 EXHlBl c L I. 2 3 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 W 0 7160 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVIflG AN EXTENSION OF TIME FOR TENTATIVE MAP CT 80-14 SUBJECT TO CERTAlN CONDITIONS. WHEREAS, Section 66473.5 of the Subdivision Map A provides that a tentative subdivision map may no4 be appro' unless it is consistent with all applicable general and sp plans; and WHEREAS, the City Counci 1 of the City of Carl sbad 4th day of March, 1980, adopted Resolution No. 6292 approv with conditions, Tentative Map 80-14, including PUD-16; ar WHEREAS, Tentative Map CT 80-14 is now inconsistt the general plan of the City of Carlsbad because the City has found that public facilities are inadequate; and WHEREAS 9 sai d Teotati ve Subdi vi si on Map wi 11 expi March 4, 1983 and the applicant has requested an extensio time which cannot be approved unless the subdivision can brought into conformity with the general plan; and WHEREAS, the addition of certain conditions of a to the subdivision will allow it to be found to be in COR with the general plan and the developer has requested the imposition of such conditions and agreed to comply with t 1 2 3 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 e W WHEREAS, the approval of an extension of Tentatj CY 80-14 subject to such conditions, in lieu of denial of map, will allow the project to go forward avoiding the unnxessary delay to the City and to the Developer invoh denial and the new application which would then be approT subject to the same set of conditions; and WHEREAS, both the Developer and the City wish tc the map subject to the additional condition; NOW, THEREFORE, BE IT RESOLVED by the City Counc the Citv of Carlsbad, California, as follo.rrrs: A. That the above recitations are true and cor1 B. That Tentative Map 80-14 including PUD-I6 ai extended. for one year from March 4, 1983 to March 4, 198L subject to the execution and fulfillment of all the condj Resolution Nos. 6292 and 6797 and the following addition; condition: (1) This approval is expressly conditioned on t payment by the applicant of a public facil: as required by City Council Policy No. 17, February 24, 1982 and effective April 2, I! file with the City Clerk and incorporated 1 reference, and according to the agreement e by the applicant for payment of said fee. fee is not Faid as promised, this applicati not be consistent with the General Plan ani void. I project cannot proceed and this approval st C. That the agreement for waiver of prohihitior the imposition of conditions upon the approval of an exte a tentative subdivison map dated March 1, 1983 between Diversified Finanacial SySte?n and the City of Carlsbad, c in the City Clerks Office, is approved and the Mayor is authorized to execute such agreement on behalf of the Cil 1. 1 2 3 4 5 6 7 8 9 10 11 - 2.2 13 14 15 16 3.7 18 19 20 2x 22 23 24 25 26 27 28 w D. That this extension is approved in reliance u .said agreement. Any legal challenge to or failure’to perf said agreement or the conditions of this resolution shall this approval void and the map shall not be final. PASSED, APPROVED AND ADOPTED at a regular meetins City Council of the City of Carlsbad, California, held on 15th day of E?;arch , 1983, by the following b wit: AV E S I NOES: None ABSENT: None Council Ihhrs Casler , Lewis, Kulchh, Chick and %?- d&e! MARY H. CjSLER, Mayor ATTEST: .AL&HA ‘& L. RAUTtNKRANL, ! !fikZL/&yhrk Clty (SEAL) I '. -0 W ~ *-<:: '. be- %* .. . .* I ,? . AGREEMENT FOR WAIVER OF PROHI BlTION UPON THE APPROVAL OF AN EXTENSION OF A TENTATIVE SUBDIVISION . i4AP .. . AGAIIKP THE IMPOSITION OF CONDITION8 .. .. 1 This Agr-ement is made this 1st day of March .' 19~ between the City of Carlsbad, a municipal corporation, (hereinafter Called "City") anZ Coastal Equities, Inc., DBA Dive1 Finar a Corporation (hereinafter called "Subd'ivider" ) . .a -.. RECITALS -. .b 1.' Government Code Section 66452.6(e) and Carlsbad Municipal Code Sections 20.12.110 and lO024.I8O permit Subdividers t request and City to approve, conditionally approTJe or de11y c \ extensions of time for the expiration of tentative maps or tentative parcel maps (hereinafter collectively called -"Tentative Subdivision Maps"). El Patio v, Permanent Rent Control Board, 110 Cal. Aqp.3d 915, modified 111 Cal. App 3d 788 (1980) indicates that tl- Government Code (Subdivision Nap Act) may not authorize Cj to impose new conditions; i.e., those which were not imposed on the tentative subdivision map, upon the extension OE the time for expirakion of a tentatj.ve subdivision map, but also held that. the City does have discretion to approve or deny such extensions. -. - 2, * 6 .- i ., ** .* w 4 - - .. -- m .- I<. ** . ' ,* .. .. 3, * Government Code Section 66452.6(d) and Carlshad Municipal Code Sections 20.12,100(5) and 20.24.160 provide 'Chat: expiration of a tentative subdivision map shall terminate all proceedings and that no final map or parcel map for any . - - -_ . property covere'd by the tentative -subdivision map shall- be filed without first processing a new teritative subdivision map. - '.--- -- .- ___ _____ - __. - - - - _--- ____ __-. - _.-_ _- I- - -- *- 4. ..Subdivider has-requested City to approve the extensioin of .- n time for Tentative Subdivision Map No. which was initially approved on September 2, 1980 Since the approval of said Tentative Subdivision )lap, City has conducted studies trhich 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 khose 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 $0 provide the funds to conskruck the necessary CT 80-14 __ - _- . .. ~ 5.. -- b 0 .. 6, - 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 publ-ic facilities to protect the pu-blic health, safety and welfar sf the present and Kuture residents ;>E City and to ensure 2, I .* . -0 w. '* , , .I.. . . *' .v . . ,- , . !, 1 1 chat public facilities to serve the development will be available concurrent with need as required .a by City's . general plan. Deveioper agrees to pay said fees and has executed a contract which is on file with the.City Clerk to - - - - - - - - - - - __ - - - - . - - - - - - - - I _____ -- - - . - - - - - . * that effect, - ___ - 8. Because the original approval of said Tentative Subdivision Map occurred prior to the adoption oE the aforementioned feesp City did not condition the approval of said Tentative Subdivision Map with the payment of said-fees. - - - - - __ __ - - - Since the initial approval of th-e- Te-ntat-ive . Subdivision - I - __ -. ___ __ May .- . ' *9. - . there may have been changed circumstances which require b Bdditional-conditions of approval on the extension of the Tentative Subdivision )lap to protect the public health, safety, and welfare, to mitigate affects on the environaen or to ensure cbnsistency of the exter,ded map with the City general plan and Municipal Code, .- IO. City arguably may not, without the voluntary consent of Subdivider, impose upon the extension of said Tentative Subdivigion Map conditions requiring. payment of the fees inentj-oned above or conditions necessary to protect the public health, safety or welfare, or the environment or ensure consistency with the general plan or I+lunicipal Codc 'Without such voluntary consent of Subdivider to the .- 8 11, imposition of conditions City may be required to deny Subdivider's request for extension tb ensure that the public health, safety and welfare or thc environment arc * ' 3, -. . .* .__ . w - . . " '.* -I ' r. E .. - ., .. protected or that the general plan or Municipal Code . " .1 requirements are satisfied. ' Approval of the extf??s.on of . said Tentative Subdivision Map without assurances that the fees mentioned above would be paid for said subqiyision % would be contrary to the best= interests of the city and .. would threaten the City's ability to protect and pFovide .- for the public health, safety, and welfare. Subcivider agrees that it is in the best interest of City 2nd I.... Subdivider that City be able to protect the puhtjs fiealth, safety and welfare, or the environment or ensuyg cgasistent . - .' with the general plan or Municipal Code by the iqpsition of conditions on the extension of tentative subdivigion b maps e 12. Subdivider realizes that denial of the requested extension could result in the expiration of the tentative gubdivisio map. Subdivider would then be required to incy? substantial costs and time delays in processing a new tentative subdivision map approval of which woj~$d be subject .to new conditions necessary to ensure g of the tentative subdivision map with the Subdiyisjon Map Act, the California Environmental Quality Act, Zitles 19, -.. 5 20 and '21 of the Carlsbad Municipal Code, the @ty's c- -. General Plan and to protect tl;e public healtfi, safety Li .. - and - .- welfare. City has reviewed the Subdivider's request fo~ an extensic of time for said-tentative subdivision map, ai)d Ejnds that granting the request subject to certain conditjona will II 13. ' -. A_ .c w .. m L* . ... . -8 .' 21. > cs ~ be contrary to the public health, safety, and welfare. _NOW, THEREFORE, in consideration of the recitals and 9f the mutual convcnants set Gorth herein, City and Subdivider agree as -__ - ~ .. __ follows -- : .- ill I 1. City agrees to extend Subdivider's Tentative Subdlvlsron Map for-one _- year subject to whatever new or revised conditions tl City in its sole discretion deems appropriate. Subdivider knowingly and voluntarily waives any and all righ the - - .- ~ unconditioned extension of Tentative Subdivision Map No. 3. Subdivider - knowingly and voluntarily consents to the imposit -. - 2. -. - -_ .. .-- L - - . . _- - .of a condition -- of approval of the extension of Tentative -_- - .-- - Subdivision Map No. CT 80-lkhich requires payment: of any fee which may be in effect at the time of approval of the final subdivision _- map for said subdivision or any portion thereof to the following additional conditions : - . ,.- __-_ - _- This approval is expressly conditioned on the payment bg 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 he2 by reference, and according to the agreement executed b: If said fee is i paid as promised, this application will not be consistel ._-- wi(;h the General Plan and the project cannot proceed an( this c approval shall be void. The provisions of Carlsbad Municipal Code Sections 20.12.111 and 20.24.180, as appropriate, . shall govern extension of thc map which is the subject of this agreement. Xf this agreement is for an extension of a tentative subdiv . map for a minor subdivision,.the appeal of the City Engincc approval, or conditional approval, of the extension by any . shaL1 void this agrccIncn+: unless L_ - .. . the applicant for payment of said fee. I 4, 5. .- - 5. _. . - ~ ___ __ - SUBDIVIDER -. __ e W . 4. c- 1200 ELM AVENUE TEL (711 CARLSBAD, CALlFORNlA 92008 citp of Carls’bab March 22, 1983 Diversified Finanical Systems, Inc. 2171 El Camino Real Oceanside, CA 92054 Enclosed for your records, please find a copy of the , adopted by the following Resolution No. 7160 Carlsbad City council on -- 5. 1983 March 1 Sincerely, Le- LEE RAUTENKRfiNZ, City Clerk LR: adm Enclosures ( 3 ) i--- - ,- x -~-~ - -, - I '1 e a AGREEMENT FOR WAIVER OF PROHIBITION AGAINST THE IMPOSITION OF CONDITIONS UPON THE APPROVAL OF AN EXTENSION OF A TENTATIVE SUBDIVISION MAP I This Agr-ernent is made this 1st day of Harch 19 83 between the City of Carlsbad, a municipal cor?oration, (hereinafter called ''City" ) an< Coastal Equities, Inc. , DBA Divel; Finan a Corporation (hereinafter called "Subdivider"). RECITALS _I 1. Government Code Section 66452.6(e) and Carlsbad Municipal Code Sections 20,12.110 and 10,24.180 permit Subdividers tc 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" ) . cc EX patio v, Permanent Rent Control Board, 110 Cal o App,3d 915, modified 411 Cal. kpp 3d 788 (1980) indicates that th( Government Code (Subdi.vision Map Act) may not authorize Ci to impose new conditions; i.ee, those which were not imposed on the tentative subdivision mapp upon the extension of the time for expiration of a tentati.ve subdivision map, but also held that the City does have discretion to approve or deny such extensions. 2. c 2-7- I 0 0 I < ‘‘1 3. Government Code Section 66452.6(d) and Carlshad Municipal Code Sections 20.12,100(d) and 20.24.160 provide that expiration of a tentative subdivision map shall t, mrminate all proceedings and that no final map or parcel map €or 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 80-14 which was initially approved on September 2, 1980 . 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 b 5. 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 thoroughfares. 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, 6. .7, e 0 ' . .., ,, that public facilities to serve the development will be available concurrent with need as required by City's general plan. Deveioper agrees to pay said fees and has exscutd 5 8~ak~acrt whioh is on file with th@ City Clerk to that effect, 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. 8. 9. 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 Nap to protect the public health, safety, and welfare, to mitigate affects on the environaent or to ensure consistency of the extefided map with the City' general plan and Municipal Code. City arguably may not, without the voluntary consent of Subdivider, impose upon the extension of said Tentative Subdivi%ion 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, 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 10. 11. 3, I * 0 )I. ,.#I I protected or that the general plan or Municipal Code requirements are satisfied, said Tentative Subdiyisj,on 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. 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 consistenc with the general plan or Municipal Code by the inposition of conditions on the extension of tentative subdivision maps. Approval of the extension of Subdivider b 12. Subdivider realizes that denial of the requested extension could result in the expiration of the tentative subdivisior 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. city has reviewed the Subdivider's request for an extensic 13. ' of time for said tentative subdivision map and finds that granking the request subject to certain conditions will. nc 4. ' 0 0 *r I *. 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 tl. City in its sole discretion deems appropriate. Subdivider knowingly and voluntarily waives any and all righi the unconditioned extension of Tentative Subdivision Map No.( Subdivider knowingly and voluntarily consents to the imposit: of a condition of approval of the extension of Tentative Subdivision Map No.CT 80-1khich requires payment of any fee: which may be in effect at the time of approval of the final 2. 3. subdivision map for said subdivision or any portiolz thereof l 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 her by reference, and according to the agreement- executed by the applicant for payment of said fee. If said fee is n paid as promised, this application will not be consisten with the General Plan and the project cannot proceed and this approval shall be void. c 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. If this agreement is for an extension of a tentative subdivi map for a minor subdivision, the appeal of the City Engineer approval, or conditional approval, of the extension by any E shall void this agreement unless 5. 5. & e ' I.i' \lib .* .I i b the agreenent is subsequently aoproved by the City Council. ~ny action by Subdivider to challenge the legality of this . agreement or any failure by Subdivider to pay the fees and 6, 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 ulltil a new tentative subdivision map has bcgn ap2roved. CITY OF CARLSBAD, a municipal ATTZST : corporation -BY% d u MAYOR (M or Subdivisions) CITY ENGINEER (Minor Sub- divisions ) JjL, 2, G?N_,d- ALETHA L. RRUTENKRAN 2, City Clerk .. SUBDIVIDE J F > $JGTARY PUZLiC - CALIF S,4N DIE30 C0L':dT State of Cal if ornia County Of San Dieqo - X)n this 15th day of February , in the year 1983 I before me personally appeared M. James Lorenz I personally known to me bk proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as Trustee or on behalf of the corporation therein named and # acknowledged to me that the corporation executed it. 5-&5=ze