HomeMy WebLinkAbout1983-05-03; City Council; 6727-2; Tentative Map Extension-Caringa Investments IncCIT\QF CARLSBAD — AGENDlQHLL 3
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TENTATIVE MAP EXTENSION
CARLSBAD TRACT 81-21
CARINGA INVESTMENTS, INC.
DEPT.
CITY
CITY
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RECOMMENDED ACTION:
Adopt Resolution No. 7«2ojTapproving a one-year extension of time for
Tentative Map CT 81-21, including CP-167.
ITEM EXPLANATION:
Carlsbad Tract 81-21 is a 70-unit condominium project located on the
northwest corner of Alicante Road and Altisma Way, south of Caringa
Way. The Applicant is requesting that the Tentative Map be extended
for a one-year period ending May 13, 1984.
The Tentative Map was originally approved on September 15, 1981, per
Resolution No. 6668. The project was held up in the recent Sewer
Moratorium of Leucadia County Water District, thus extending the
expiration date from March 15, 1983 to May 13, 1983.
The Applicant agreed to pay Public Facilities Fees 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.
2.
3.
4.
Letter requesting extension.
Letter from Leucadia County Water District.
Location Map.
Resolution No. y^Q-^approving a one-year extension of time
for Tentative Map CT 81-21, including CP-167.
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\ : L & M PROFESSIONAL CONSULTANTS, INC.
April 19, 1983
City Engineer E3 Bra'
City of Carlsbad ff^^
Engineering Department K^ii J
1200 Elm Avenue
Carlsbad, California 92008
Re: Tentative Map No. CT-81-21
Dear Sir:
An extension is hereby requested of the approval of
the above-referenced tentative map for a period of one year,
from May 13, 1983 until May 13, 1984.
A. Reasons for Extension. This request for
extension has been necessitated by various facts, including the
following:
1. The unexpected adoption of Ordinance Numbers 43
and 44 by the Leucadia County Water District, resulting in a
moratorium being imposed with respect to sewer permits. This
moratorium, first imposed on December 1, 1981, adversely
affected the subject property, in that the applicant holds only
50 sewer permits (issued prior to such moratorium), and the
EXHIBIT 1
1224 Prospect Street, La Jolla, CA 92037, (619) 454-3213, Telex 69 5032
Vail Spa Condominiums, P.O. Box 726, (303) 476-0344, Vail, CO 81657
moratorium precluded the obtaining of the additional 20 permits
required for construction of the project in accordance with the
approved tentative map.
2. Developments in the real estate market generally
delayed the feasibility of construction of the project.
3. Developments in the financial markets generally
adversely affected the ability of the project to obtain
financing.
4. The uncertainty resulting from the actions of the
Leucadia Water District under Ordinance Numbers 43 and 44
exacerbated the problems described in Paragraphs 2 and 3 above,
in that until adoption of Ordinance No. 52 by Leucadia Water
District on January 6, 1983, it was not completely clear that
the moratorium had been terminated with respect to the subject
parcel. As a result, the completion of the processing of
applicable plans and specifications was interrupted and held in
abeyance pending this clarification.
B. This Request for Extension is Timely Made. It is
admittedly unclear whether (i) the moratorium ended with
respect to the subject parcel upon adoption of Ordinance
No. 46, adopted on January 28, 1982, by the Leucadia County
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Water District or (ii) that moratorium continued until adoption
of Ordinance No. 52. It is beyond dispute, however, that
between the time that Ordinance No. 43 was adopted on
December 1, 1981 and the time that Ordinance No. 46 was adopted
on January 28, 1982, the property was subject to a moratorium
for at least 59 days. While the developer believes that the
moratorium may, in fact, have extended until adoption of
Ordinance No. 56 on January 6, 1983 (a period of 399 days),
even under the conservative calculation, a 59-day moratorium
existed. Pursuant to Section 20.12.100 of the Subdivision
Ordinance of the City of Carlsbad, the normal 18-month
expiration date of the above-referenced tentative map
(March 15, 1983) was therefore extended by a minimum of 59 days
until May 13, 1983. Thus, this request is made more than 20
days prior to said expiration and is timely within the terms of
said ordinance.
C. Delay in Further Progress Pending Approval. The
applicant believes that it is now feasible to proceed with
completion of the plans and the development of the property.
Before additional funds are expended, and commitments made, in
this regard, however, the applicant respectfully awaits
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positive action by the City with respect to this request for
extension. The applicant therefore requests approval of this
first requested extension, at the earliest possible time.
Respectfully submitted,
CARINGA INVESTMENTS, INC.
Leon Deicas, President
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LEUCADIA COUNTY WATER DISTRICT
POST OFFICE BOX 2397 • LEUCADIA. CALIFORNIA 92024 • 7S3-OIBB
April 22, 1983
Mr. Clyde Wickham
City of Carlsbad
ENGINEERING DEPARTMENT
1200 Elm Avenue
Carlsbad, CA 92008
Re: Lots 229-232
Dear Mr. Wickham;
This will confirm our telephone conversation regarding the referenced property.
On September 15, 1980 Caringa Investments purchased 50 sewer permits for a condo
project to be constructed on the property. At that time the project was limited to
50 sewer permits per year under the District's existing moratorium policy.
On January 29, 1981 the Board of Directors of Leucadia County Water District
approved an allocation of 600 sewer permits to applicants who had requested addi-
tional permits. Apparently Caringa Investments did not complete an application at
that time.
The Moratorium was lifted on October 22, 1981 at which time sewer permits were
available. The Moratorium on the issuance of all permits were briefly reinstated
and in effect from December 1, 1981 to December 10, 1981 (Ordinance 43). On the
latter date a revised Moritorium was initiated (Ordinance 44), which was later
amended on January 28, 1982 (Ordinance 46). Permits were available to such projects
beginning January 29, 1982. The applicant purchased 20 additional permits on
February 11, 1982.
I hope this information is helpful. Please contact me if you have any more
questions.
Yours very truly,
LEUCADIA COUNTY WATER DISTRICT
£
Joan R. Geiselhart
Secretary-Manager
JRG/blS EXHIBIT 2
ends. cc. Peter Poutney and Associates, Inc.
DISTRICT OFFICE: I960 LA COSTA AVENUE • CARLSBAD. CALIFORNIA
Carlsbad TracT 81-21
PROJECT
LOCATION
BAirQUITOS LAGOON
LA COSTA
VICINITY MAP
NO SCALE
EXHIBIT 3
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RESOLUTION NO. . 7205
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF
TIME FOR TENTATIVE MAP CT 81-21, SUBJECT TO
CERTAIN CONDITIONS.
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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
day of September 15, 1981, adopted Resolution No. 6668 approving,
with conditions, Tentative Map CT 81-21, including CP-167; and
WHEREAS, Tentative Map CT 81-21 is now inconsistent with the
ieneral Plan of the City of Carlsbad because the City Council has
ro.und that public facilities are inadequate; and
WHEREAS, said Tentative Subdivision Map will expire on May 13,
983, and the Applicant has requested an extension of time which
annot be approved unless the subdivision can be brought into
:onformity with the General Plan; and
WHEREAS, the addition of certain conditions of approval to the
;ubdivision will allow it to be found to be in conformity with the
general Plan and the Developer has requested the imposition of such
onditions and agreed to comply with them; and
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WHEREAS, the approval of an extension of Tentative Map
CT 81-21 subject to such conditions, in lieu of denial of the
map, will allow the project to go forward avoiding the
unnecessary delay to the City and to the Developer involved with
denial and the new application which would then be approved
subject to the same set of conditions; andi
WHEREAS, both the Developer and the City wish to extend
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the map subject to the additional condition;
NOW, 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 81-21, including CP-167 are
hereby extended for one year from May 13, 1§83 to May 13, 1984,
subject to the execution and fulfillment of all the conditions of
Resolution No. 6668 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, dated
February 24, 1982 and effective April 2, 1982, on
file with the City Clerk and incorporated herein by
reference, and according to the agreement executed
bytheapplicantfor 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 be21 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 Ajri I 2-\ , 1983 between the
Applicant 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 upon said
agreement. Any legal challenge to or failure to perform said
agreement or the conditions of this resolution shall render 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 3rd d ay
of May _, 1983, by the following vote, to wit:
AYES: Council Meirbers Casler, Lewis, Chick, Kulchin and Prescott
NOES: None
•ABSENT: None
K ^
MARY H.CASLER, Mayor
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/tt.E.THA L. RAUTENKRANZ, City Clerl
(SEAL)
AGREEMENT FOR WAIVER OF PROHIBITION
AGAINST THE IMPOSITION OF CONDITIONS
UPON THE APPROVAL'OF AN EXTENSION OF
A TENTATIVE SUBDIVISION MAP
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This Agreement is made this 2-\ — 6ay of Apn f ,
19 5 3 between the City of Carlsbad, a municipal corporation,
(hereinafter called "City") and CARINGA INVESTMENT, INC. ,
a CORPORATION __(hereinafter called "Subdivider").
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. - ''.-'•" " v • RECITALS - ! .
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1.' Government Code Section 66452.6(e) and Carlsbad Municipal
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. 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. EJ Patio v. Permanent Rent Control Board, 110 Cal. App.3d
915, modified 111 Cal. App 3d 788 (1980) indicates that the
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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
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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
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expiration of a tentative subdivision map shall terminate
all proceedings and that no final map or parcel map for any
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.. -property covered by the tentative subdivision map shall be
filed without first processing a new tentative subdivision
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map.
4. Subdivider has requested City to approve the extensioin of
time for Tentative Subdivision Map No. CT - 81 - 21 '
; . which was initially approved on SEPTEMBER 15, 1983 .
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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,
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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.
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7. Since the approval of the Tentative Subdivision Map, City
ihas 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
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. general plan. Developer agrees to pay said fees and has
executed a contract which is on file with the City Clerk to
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• that effect.
8* Because the original approval of said Tentative Subdivision
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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
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. 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 thef
. public health, safety or welfare, or the environment or
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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
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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
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4•• v would be contrary to the best interests of the City and
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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
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. 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 Mapf
Act, the California Environmental Quality Act, Titles 19, '
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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
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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 subject to whatever new or revised conditions the
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City in its sole discretion deems appropriate.
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2. Subdivider knowingly and voluntarily waives any and all rights to
the unconditioned extension of Tentative Subdivision Map No.CT - 81 .- 21
3. Subdivider knowingly and.voluntarily consents to the imposition
,of a condition of approval of the extension of Tentative
Subdivision Map NojCT-81-21 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
wi£h the General Plan and the. project cannot proceed and ,,
this approval shall be void.9 • •
4. The provisions of Carlsbad Municipal Code Sections 20.12.110f
and 20.24.180, as appropriate, shall govern extension of the-
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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
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"the agreement is subsequently approved by the City Council,
6. Any action by Subdivider to challenge the legality of this
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• agreement or any failure by Subdivider to pay the fees and
comply with any other conditions applicable to the
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«• 'extension shall void the approval of such extension. The«
-map shall not final and the development shall not proceed
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until a new tentative subdivision map has bee'n approved.
ATTEST:
CITY OF CARLSBAD, a municipal
corporation
By
ALETHA L. RAUTENKRI
City Clerk
MAYOR (Major Subdivisions)
CITY ENGINEER '(Minor Sub-
divisions)
SUBDIVIDER
By
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR., 'City Attorney
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Bv
State of California)
County of San Diegoj SS '
On this^f day of fl^n* I . in the year H85, before me
sr°rily appear*d -So**\te.Tkii P0.-cona.u, ^^u Lu M-proved to me on the basis of satisfactory evidence to be the person whose
aarne is subscribed to this instrument, and acknowledged that ^ '
executed it. •*
SEAl^SUSAN 0. K1DDER
NO:AHY itmLic • CALIFORNIASAN oit GO COUNIY
E>p«*l March 13,1767