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HomeMy WebLinkAbout1983-03-15; City Council; 6349-3; TENTATIVE MAP EXTENSION CARLSBAD TRACT CT 80-19|CP-100 |GROSSE|*=E AB# -l'&?Y 9 - 3 TITLE MTG. 3-15-83 TENTATIVE MAP EXTENSION CARLSBAD TRACT CT 80-19/CP-100 DEPT. ENG (GROSSE) DEP crn cin L3 w > 0 C a. 2 2 0 F 0 a d 0 2 3 0 0 7' ci+F CARLSBAD - AGENDJ~~LL RECOMMENDED ACTION: Adopt Resolution No. Is 1 approving a one-year extension for Tentative Map CT si ncl udi ng CP-100. ITEM EXPLANATION: Carlsbad Tract 80-19 is a 9 unit subdivision located on the corner of Maple Ave. and Garfield St. The applicant is requ that the tentative map be extended for a one-year period end 16, 1984. The tentative map was originally approved on Sept.. 16, 1980, Resolution No. 6299. A one-year extension of time was grant€ March 2, 1982, per Resolution No. 6804. The applicant agreed to pay public facilities fees with the application. Planning and Engineering staffs have reviewed project and recommend one additional condition be required. condition is a requirement for the developer to execute the Public Facilities Fee Agreement as per the latest City Counc No. 17. The subdivider has signed an agreement to waive a r of new conditions. FISCAL IMPACT: Additional public facilities required by this project will I by the payment of the public facilities fee by the develope EX HI 6 I TS : 1. Letter requesting extension dated February 25, 1983 2. Location Map 3. Resolution No. /5 9 approving a one-year extension of Tentative Map &9, including CP-100. I Mary E. Grosse 0 5850 SUNNY CREEK ROAD CARLSBAD. CA 92008 0 ! (7 14) 438-4742 February 25, 1983 City of Car1sba.d Engineering Department 1200 Elm Avenue Carlsbad, CA 92008 Re: Carlsbad Tract #80-19 and Condominium Permit #CP-100 Mary E. Grosse Maple and Garfield, Carlsbad, CA Attention: Clyde Wickham Dear Mr. Wickham: This letter is a request for extension of time to file the approved Tentative Map for the above mentioned subdivision. Enclosed please find check in the amount of $250.00, as required. Sincerely, 0dt-e + Mary E. Grosse EXH I B .. - . .. EXH I E I 1 2 3 4 5 6 7 8 g LO 13, 12 13 14 . 15 36 17 18 19 20 21 22 23 24 25 26 27 28 e e RESOLUTION NO. 7159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR TENTATIVE MAP CT 80-19 SUBJECT TO CERTAIN CONDITIONS. WHEREAS, Section 66473.5 of the Subdivision Mal provides that a tentative subdivision map may not be apl unless it is consistent with all applicable general and plans; and MHEREAS, the City Council of the City of Carlsl 16th day of September, 1980, adopted Resolution No. 629! approving, with conditions, Tentative Map 80-19 i ncludi and WHEREAS, Tentative Map CT 80-19 is now inconsi the general plan of the City of Carlsbad because the Ci has found that public facilities are inadequate; and * WHEREAS, said Tentative Subdivision Map will e March 16, 1983 and the applicant has requested an exten time which cannot be approved unless the subdivision ca brought into conformity with the general plan; and WHEREAS, the addition of certain conditions of to the subdivision w.il1 allow it to be found to be in c with the general plan and the developer has requested t imposition of such conditions and agreed to comply with 1 2 ' * 5 6 7 8 9 Io 11 22 l3 l4 l5 l6 17 18 19 20 21 22 23 24 25 26 27 28 0 WHEREAS, the approval of an extension of Tentat 'CT 80-19 subject to such conditions, in lieu of denial c map, will allow the project to go forward avoiding the unnecessary delay to the City and to the Developer invo: denial and the new application which would then be apprc subject to the same set of conditions; and WHEREAS, both the Developer and the City wish 1 the map subject to the additional condition; MOW, THEREFORE, BE IT RESOLVED by the City Coui the City of Carlsbad, California, as follows: A, That the above recitations are true and COI B. That Tentative Map CT 80-19 including CP-1( hereby extended for one year from March 16, 1983 to Marc 1984, sub3ect to the execution and fulfillment of all tl conditions of Resolution Nos, 6299, 6804 and the follow. additional condition: (1) This approval is expressly conditioned on payment by the applicant of a public faci: as required by City Council Policy No. 17 February 24, 1982 and effective April 2, file with the City Clerk and incorporated reference, and according to the agreement by the applicant for payment of said fee. fee is not paid as-promised, this applicai not be consistent with the General Plan ai project cannot proceed and this approval I . I 1 void. C. That the agreement for waiver of prohibitic the imposition of conditions upon the approval of an ex a tentative subdivison map' dated February 24, 1983 hetwc E. Grosse and the City of Carlsbad, on file in the City Office, is approved and the Mayor is authorized to exec1 agreement on behalf of the City. I , 1 Z2 3 4 5 t5 r .' 8 9 10 11 12 13 14 15 16 17 18 19 2oI 21 22 23 24 25 26 27 28 0 0 D. That this extension is approved in reliance said agreement. Any legal challenge to or failure to per 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 meetin City Council of the City of Carlsbad, California, held or J5th day of p"arch , 1983, by the following wit: Ay E s : NOES: Nom ABSENT: lkme Council Pkrrbers CAsler , Lewis, Kulchh, Chick ar %4L-BAV J &LQ-.e!!- NARY H. CJS LtR, Mayor ATTEST : /(l/ Lb+754-R4< E A L. ,UT NICRANZ, fi/ZLW, City Clyrk (SEAL) -. !. @ , .!.. '-%- ' . e"*-- '.. . 3, ., ,. AGREEMENT FOR WAIVER OF PROIiI BITION AGAINST TIjE 1MPC)STTION OF CONDITIONS UPON THE APPROVAL OF AN EXTENSION OF A TENTATIVE SUBDIVISION MAP 0 ' This Agreement is made this - 24th day of Februarv 19 7 83 between the City of Carlsbad, a municipal corporation, (hereinafter called *rCity" ) an< MARY E. GROSSE a (hereinafter called "Subdivider") .. .- RECITALS ! , ., .b I,' . Government Code Section 66452.6(e) and Carlsbad Municipa Code Sections 20.12.11 0 and 10 . 24 180 permit Subdividers request and City to approve, conditionally approve or de extensions of time for the expiration of tentative maps t tentative parcel maps (hereinafter collectively called "Tentative Subdivision Maps"). .-- c .. * 2. El Fatio v. Permanent Rent Control Board, __. 110 Cal. App.3 *. 915, modified 411 Cal. App 3d 788 (1980) indicjtes that Government Code (Subdivision Map Act) may not authorize # .* . to impose new conditions; i..e.r those which were riot a 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. *. a I ? .I a 3 .I\ . ,'I ' .'.. .. +,- .'i. -, ,? ., *. 3, ' Government Code Section 66452.6(d) and Carlsbad Municipal Code Sections 20.72.100(d] and 20.24.160 provide that expiration of a tent'ative subdivision map shall terminate all proceedings and that no final map or parcel map for ai - property covered by the tentative subdivision rnap shall bl filed without first processing a new tentative subdivisio map . . 4. ..Subdivider has requested City.to approve the extensioin o time for Tentative Subdivision Map No. C~-80-19 . which was initially approved on September 16, 1990 (R~s. #62 Since the approval of said Tentative Subdivision Map, Cit has conducted studies which show that the..construction of certain drainage facilities or thoroughfares are essentiz to protect and provide for the health, welfare, and'safet 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, Cil has adopted a major drainage fee or major thoroughfare fc or both to provide the funds to construct .. dr'ainage facilities and thoroughfares. Since the I approval of the Tentative Subdivision Map, Cit has conducted studies which show the need to establish a . 5.. b i. 6. c the necessary -7. . I__ public facilities fee in order to pFovide for public facilities to protect the public health, safety and welf 'of the present and future residents of City and to ensur #. 2 .. I. I. .. !. .. '0 ' e*. . < -' . *I-' . that public facilities to serve the development will. be -available concurrent with need as required by City's .. gen-era1 plan. Developer agrees to pay said fees and has .- executed a contcack which is on file with the City Clerk a -_- that- - effect . 8. -B-e-cause the original approval of said Tentative Subdivisi -&lap occurred prior to the adoption of the aforementioned -. fees, City did not condition the approval of said Tentati Subdivision Map with the payment of said fees. sj.-nce the initial approval of the Tentative Subdivision fi $here 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 environmc pr to ensure consistency of the extended map with the Cii general plan and Municipal Code, City argua-bly may not, without the voluntary consent of Subdivider, impose upon the extension of said Tentative Subdivi%ion Nap conditions requiring.payment of the fees mentioned above or conditions necessary to protect the ' public health, safety or welfare, or the environment or . .. 9. i . .. .- IO. c ! .. b. 11. Without such voluntary consent of Subdivider to the ensure consistency with the general plan or Nunicipal COI imposition of conditions City may be required to deny Subdivider's request for extension to ensure that thc public health, safety and welfare or the environmcnt are * * 3, .. . *. ., , .. - a. '0 ..; .. . e'*' .- .,., * - .. .. 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 mntioned 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 consiste with the general plan or Municipal Code by the imposition of conditions on the extension of tentative subdivision maps. Subdivider realizes that denial of the requested extensic could result in the expiration of the tentative subdivisi 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 ko ensure consiskencl of the tentative subdivision map with the Subdivision Ma; Act, the California Environmental Quality Act, Titles 13 20 and 21 of the Carlsbad Municipal Code, the City's General Plan and to protect tl;e public health, safety an welfare City has revicwcd the Subdivider's request for an extcn: of time for said tentative subdiviston map and Einds th; granting t;hc rcqucst subjcct to certain conditions will - . b . 12. -. r . *I 13. ' A I.. c * a a I. ." 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 May for one year subject to whatever new or revised conditions 1 City in its sole discretion deems appropriate. Subdivider knowingly and voluntarily waives any and all rig' the unconditioned extension Of Tentative Subdivision Map No Subdivider knowingly and voluntarily consents to the imposi .of a condition of approval of the extension of Tentative . 2. . 3. Subdivision Map No. CT-80-19 which requires payment of any fe which may be in effect at the time of approval of the final subdivision map for said subdivision or any portion thereoj to the following additional conditions: .' This approval is expressly conditioned on the payment the app-licant of a public facilities fee as required b City Council Policy No. 17, issued 2/24/82 and effccti 4/2/82, on file with the City Clerk and incorporated h by reference, and according to the agreement executed *, . the applicant for payment of said fee. If said fee is paid as promised, this application will not be consist with t12e General Plan and the project cannot proceed a this approval shall be void. The provisions of Carlsbad Municipal Code Sections 20.12.1 'and 20.24.180, as appropriate, shall govern extension of 1 4. c map which is the subject of this agreement. 1% 'this agreenlcnt is for an extension of a tentative subd . map for a minor subdivision, the appeal of the City Engin appro[Tal, or conditional approval, of the cxtcnsion by an I 5. "! ,.shall void this agrccmcnt unless I 5. I u L e ~ **,.t&**,;* ... :.. . * .- e. .. ) ,, b .. . .. -, . .. *. the agreernent is subsequently approved by the City C.o'uncil Any action by Subdivider to challenge the legality of thi: . agreement or any failure by Subdivider to pay the fees an' * extension shall void the approval of such exkenSi0n. The - . ' map shall not final and the development shall not proceed .- 6, comply with any other conditions applicable to the until a new tentative subdivision map has beek approved. -. . .. .. .. CITY OF CARLSBAD, a municipl -. ATTEST : corporation Ldk .. BY ALETHA L. IAIJ'I'EN' lan MAYOR (M#jor subd ivis 3.ons CITY ENGINEER (Minor ...- Sub- d iv is ion s ) WAb- . City Clerk -- - ~%?h&&k~~~ OWNER .- BY_ .. .. - * AppROVR TO FORPI: - - - ___ - - - - t ',/ . __ I. * CAT. NO. "00627 . . TO 1944 CA (7-82) ' (Indivjduai) ATICOR COMPANY TITLE INSURANCE AND TRUST STATE OF CALIF , a Notary Public in and for cuted the same. e m 1200 ELM AVENUE CARLSBAD, CALlFQRNlA 92008 aitp Qf (1Car&bab March 22, 1983 Mrs. Mary E. Grosse 5850 Sunny Creek Road Carlsbad, CA 92008 Enclosed for your records, please find a copy of the , adopted by the Resolution No. 7159 .-____-- f 0 1 lowing Carlsbad City Council on March 15, 1983 Sincerely, Lfye, LEE RAUTENKRANZ, City Clerk LR : adm Enclosures ( 1 ) 0 P . ' 0 iY :--* , AGREEMENT FOR WAIVER OF PROHIBITION AGAINST THE IMPOSITION OF CONDITIONS UPON THE APPROVAL OF AN EXTENSION OF A TENTATIVE SUBDIVISION MAP I This Agreement is made this 24th day of February 19 c_I 83 between the City of Carlsbad, a municipal corporation, (hereinafter called l'Cityl') an6 a- (hereinafter called "Subdivider"). 1 MARY E. GROSSE RE C I TAL S - 4.' Government Cede Section 66452.6(e) and Carlsbad Municipal Code Sections 20.12.710 and 10.24.180 perinit Subdividers t 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" ) . El Fatio v. Permanent Rent Control Board r 110 Cal. App.3d 915, rriodified 111 Cal. App 3d 788 (1980) indicates that tl Government Code (Subdivision Map Act) may not authorize C 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 alsG held that the City does have discretion to approve or deny such extensions. 2, -L_c c cy ,&-, \. 0 0 .. L ,i 1 3. Government Code Section 66452.61d) 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 - Subdivider has requested City to approve the extensioin of time for Tentative Subdivision Map No. CT-80-19 which was initially approved on September 16, 1980 (R~s. #62w 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 4. b 5. 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 welfa of the present and future residents of City and to ensure 6. .- 7. 2. I, e 0 ' -. IS 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 that effect. 8. Because the original approval of said Tentative Subdivisi Map occurred prior to the adoption of the aforementioned fees, City did not condition the approval of said Tentati Subdivision Map with the payment of said fees. 9. Since the initial approval. of the Tentative Subdivision M there may have been changed circumstances which require additional conditions of apgroval on the extension of the Tentative Subdivision Nap to protect the public health , safety, and welfare, to mitigate affects on the environme or to ensure consistency of the extended map with the Cit general plan arid Municipal Code. IO. City arguably may not, without the voluntary consent of Subdivider, impose upon the extension of said Tentative Subdivi2ion 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 Cod I I?. 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. ,' * 0 0 '- (.I * pro-tected 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 consistenc with the general plan or Municipal Code by the imposition of conditions on the extension of tentative subdivision maps o Approval of the extension of i 12. Subdivider realizes that denial of the requested extension could result in the expiration of the tentative subdivisio 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 ?.et, 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 o City has reviewed the Subdivider's request €or an extensi ' of time for said tentative subdivision map arid finds that granting the request subject to certain conditions will r 13. 11. ., e 0 9 *' #* ' . <.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 a: follows: 1. City agrees to extend Subdivider's Tentative Subdivision ME for one year subject to whatever new or revised conditions City in its sole discretion deems appropriate. 2. Subdivider knowingly and voluntarily waives any and all ric the unconditioned extension of Tentative SSdivision Map Nc 3. Subdivider knowingly and voluntarily consents to the imposi of a condition of approval of the extension of Tentative Subdivision Map No. CT-80-19 which requires payment of any fe 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 k the applicant of a public facilities fee as required b& City Council Policy No. 17, issued 2/24/82 and effecti-c by reference, and according to the agreement executed 1 the applicant for payment of said fee. If said fee is paid as promised, this apglication will not be consistt with the General Plan and the project cannot proceed ai this approval shall be void. 4/2/82, on file with the City Clerk and incorporated ht I 4. The provisions of Carlsbad Municipal Code Sections 20.12.1: and 20.24.180, as appropria.te, shall govern extension of tl map which is the subject of this agreement. 5. If this agreement is for an extension of a tentative subdi.c map for a minor subdivision, the appeal of the City Engine< approval, or conditional approval, of the extension by any shall void this agreement unless 5. a 6 3 - L ' t,'' :* - *I I b -. the agreement is subsequently approved by the City Council. Any action by Subdivider to c'hallenge 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 oE such extension, The map shall not final and the development shall not proceed until a new tentative subdivision map has be6n approved, 6* CITY OF CARLS13ADI a municipal ATTEST : corporat ion BY Ldk O@L k! .R&- MAYOR (M#)or Subdlvislons) CITY ENGINEER (Minor Sub- divisions) X ALETHA L. RAIITENKPSIN Z r City Clerk SEkB~3~ OWNER I u ___ BY MARY E. GROSSE v City Attorney a City-AtteYhey 1 -I f I' q (Notarial acknowledgement of eyeq, subdivider must be attached) (Affix corporate seal if appropit #. 6. f c I TITI-€ INSUR AND TRUST ATICOR COMPANY gj CAT. NO "00627 TO 1944 CA (7-82) (Individual) STATE OF CALI within instrument and acknowledged that cuted the same. WITNESS my hand and official seal. (This area for official notarial seal)