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HomeMy WebLinkAbout1983-04-05; City Council; 6742-2; Tentative Map Extension CT 81-29 (The Davidson Co)CITY G@CARLSBaP - AGENDA aL RECOMMENDED ACTION: approving a one-year extension of including PUD-33. Adopt Resolution No. for Tentative Map CT ITEM EXPLANATION: Carlsbad Tract 81-29 known as Alicante Hills is a 38 unit subdi located on the north side of Alfil 'day, east of Alicante Road. applicant is requesting that the tentative map be extended for one-year period ending April 6, 1984. The tentative map was originally approved on October 6, 1981, I Resolution No. 6687. The applicant agreed to pay public facilities fees with the orj application. Planning and Engineering staffs have reviewed th: project and recomend one additional condition be required. TI condition is a requirement for the developer to execute the rei Public Facilities Fee Agreement as per the latest City.Counci1 No. 17. The subdivider has signed an agreement to waive a pro1 of' new conditions. FISCAL IMPACT: 1. Letter requesting extension, dated February 28, 1983 2. Location Rap a Id 7 0 OL 8- a 4 .. E 0 I-- c9 4 .J c9 z a 6, 0 - - j 1. > ! @ e RlCK ENGINEERING COMPANY I ?iA~"c'l"v4:Lc~%kT!~~~ 3088 PI0 PIC0 DR. SUITE 202 CARLSBAD, CA 92008 P.O.BOX1129 PHONE AREACODE714 729-4987 February 28, 1983 Mr. Clyde Wickham City of Carlsbad Engineering Department 1200 Elm Avenue Carlsbad, California 92008 RE: CARLSBAD TRACT 81-29, ALICANTE HILLS (38 LOTS) J#7932A Dear Clyde: On behalf of our client, William Davidson, of The Davidson Company, we would like to request an extension of time on Tentative Map (C.T. 81-29). This map is due to expire April 6, 1983 We have enclosed the following items in order to execute this request . 1. Check in the amount of $375.00 processing fee. 2. Public Facilities Agreement, Executed. (Check #1143) 3 . Waiver of Conditions, executed. I believe all required items are enclosed. you have any questions. Please call if Sincerely, Robert C. Ladwig RCL : RC : s j EXHIBIT 1 <---.-- .. 1 2 3 4 5 6 7 8 9 10 l1 I.2 13 l4 I.5 16 l7 l8 l9 20 21 22 23 24 25 26 27 28 @ 0 7176 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR TENTATIVE MAP CT 81-29 SUBJECT TO CERTAIN CONDITIONS. WHEREAS, Section 66473.5 of the Subdivision Map Ac provides that a tentative subdivision map may not be approv unless it is consistent with all applicable general and spe plans; and WHEREAS, the City Council of the City of Carlsbad 6th day of October, 1981, adopted Resolution No. 6632 appro with conditions, Tentative Map CT 81-29 including PUD-33; a WHEREAS, Tentative Map CT 81-29 is now inconsisten the general plan of the City of Carlsbad because the City ( has found that public facilities are inadequate; and WHEREAS, said Tentative Subdivision Map will expii April 6, 1983 and the applicant has requested an extension time which cannot be approved unless the subdivision can bt brought into conformity with the general plan; and WHEREAS, the addition of certain conditions of apl to the subdivision will allow it to be found to be in conf( with the general plan and the developer has requested the imposition of such conditions and agreed to comply with th I 1 2 3 4 5 €? 7 8 9 lo 11 12 l3 I.4 I.5 16 17 18 19 20 21 22 23 24 25 26 27 28 @ 0 WHEREAS, the approval of an extension of Tentative CT 81-29 subject to such conditions, in lieu of denial of tt- map, will allow the project to go forward avoiding the unnecessary delay to the City and to the Developer involved 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 e: 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 correc B. That Tentative Map CT 81-29 including PUD-33 a hereby extended for one year from April 6, 1983 to April. 6, subject to the execution and fulfillment of all the conditi Resolution No. 6682 and the following additional condition: (1) This approval is expressly conditioned on the payment by the applicant of a public facilkti as required by City Council ?olicy No. 17, da February 24, 1982 and effective April 2, 1982 file with the City Clerk and incorporated her reference, and according to the agreement ex€ by ,the applicant for payment of said fee. I' fee is not paid as promised, this applicatior not be consistent with the General Plan and i project cannot proceed and this approval sha void. C. That the agreement for waiver of prohibition q the imposition of conditions upon the approval of an exten, a tentative subdivison map dated March 3, 1983 between The Davidson Company, Inc. and the City of Carlsbad, on file i office of the City Clerk, is approved and the Mayor is aut to execute such agreement on behalf of the City, I 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 20 9 a D. That this extension is approved in reliance upc 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 ( City Council of the City of Carlsbad, California, held on t1 5th day of April , 1983, by the following vo wit: AYES: council ms -SI=, -is, Kul&in, ai& and I NOES: None ABSENT : None ylL%+.J &A NARY H. YASLER, Mayor ATTEST: (SEAL) -. .4/ ,.? 9 0 .s - * .. AGREEMENT FOR WAIVER OF PROHIBITION AGAINST THE IMPOSITION OF' CONDITIONS UPON THE APP.ROVAL OF AN EXTENSION OF A TENTATIVE SUBDIVISION MAP a This Agreement is made this 3rd day of March I 19 - 83 between the City of Carlsbad, a municipal corporation, (hereinafter called "City") ani: r c The navidson ColIlpiX4F Tw a Corporation (hereinafter called "Subdivider"). - ., RECITALS .i 1. '* Government Code Section 66452.6(e) and Carlsbad Municipal Code Sections 20 . 12.11 0 and IO. 24.180 permit SuSdividers 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" ) . \ - 2. El Patio v, Permanent Rent Control Board, 110 Cal. App.3d & 915, modified 111 Cal. App 3d 788 (1980) indicates that thl Government Code (Subdivision Map Act] may not authorize Ci to impose new conditions: lee-, 0 those tihich 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. b. ./ b 0 ....,! 9 .* , ... ',, - .. 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. .. time for Tentative Subdivision Nap No. C*T* 81-29 4, . Subdivider has requested City-to approve the extensisin of 0. .- . which was initially approved on SeDtember - 8, 1981 - 5,. Since the approval of said Tentative-Subdivision Map, City . i 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 $0 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 welfarc oE the present and future residents of City and to ensure t. 6. e -7. .- 2.. .. * -'. .-..-J * .D . ., . 1' . 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 aforembntioned fees, City did 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 Map to protect the public health, safety, and welfare, to mitigate affects on the environmen or to ensure consistency of the extended 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 Subdivi3ion 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 Without such voluntary consent of Subdivider to the imposition of conditions City may be required to deny Subdivider's request for extension tb ensure that the public health, safety and welfare or the environment are . he approval of said Tentative 9. i ~ -- 10. .. 11, . * 3. .. ---* 3 0 "6 -. L. protected or that the general plan or Municipal Code requirenents are satisfied, Approval of the extension of . said Tentative Subdivision Map without assurances that the fees mentioned above would be paid for said subdivision a would he contrary to the best interests of the City and would threaten the City's ability to. protect 2nd provide for the public health, safety, and welfare, agrees that it e best int t 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. .-.. 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 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. Subdivider -: ~ i . 12, -. . 13. .City has reviewed the Subdivider's request for an extensic *. oE time for said tentative subdivisjon map and finds that granting the request subject to certain conditions will nc 40 9 * 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 t City in its sole discretion deems appropriate. Subdivider knowingly and voluntarily waives any and all righ the unconditioned extension of Tentative Subdivision Map No4 Subdivider knowingly arid voluntarily consents to the imposit 2. -_. -_ r ' 3. .of a condition of approval of the extension of Tentative Subdivision Map No.c~81-29 which 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 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 b$ -. . the applicant for payment of said fee, If said fee is r paid as promised, this application will not be consister with the General Plan and the project cannot proceed anc this approval shall be void, -. 4. The provisions of Carlsbad Municipal Code Sections 20.12.11C and 20.24.180, as appropriate, shall govern extension of thc - map which' is the subject of this agreement. If this agreement is for an extension of a tentative subdiv: map for a minor subdivision, the appeal of the City Engineel approval, or conditional approval, of the extension by any 1 shall void this agreement unless 5. 5. .. - .. >... STATE OF CALIFORNIA COUNTY OF San Dieqo On this 3rd day of March , in the before me. the undersigned, a Nota& Public in and for said State, persor .- -- . President , personall) (Or proved to me on the basis of satisfactory evidence) to be the person whc withill instW?Rnt on behalf Of the Corporation therein named, and acknowied, the Corporation executed it. WITNESS my hand and official seal. William Davidson I y/%& L *]i* e&' ff? ( , 9 e 1200 ELM AVENUE TELEPI CARLSBAD, CALIFORNIA 91008 (714) 4: ditp of Carlsbab. April 8, 1983 The Davidson Company 9555 Genesse Avenue San Diego, CA 92121 Enclosed for your records, please find a copy of the following Resolution 7176 --- , adopted by the Carlsbad City Council on April 5, 1983 Sincerely, Lg- LEE RAUTENKRANZ , City Clerk LR: adm Enclosures ( 1 )