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HomeMy WebLinkAbout1983-06-07; City Council; 6791-2; Tentative Map Extension- TrabertCARLSBAD — AGENDv. JlLL AB#_fe.TENTATIVE MAP EXTENSION CARLSBAD TRACT 81-34 (TRABERT) . HD. CITY ATTY CITY Q UJ OC£Q-Q. O RECOMMENDED ACTION: Adopt Resolution No. "7°?3 // approving a one-year extension of time for Tentative Map CT 81-34, including CP-181. ITEM EXPLANATION: Carlsbad Tract 81-34 is a 6-unit condominium project located, on the south side of Navarra Drive, west of Viejo Castillo Way. The applicant is requesting that the tentative map be extended for a one-year period ending May 17, 1984. The tentative map was originally approved on 11-17-81, per Resolution No. 6721. 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. Letter requesting extension, dated May 5, 1983 2. Location Map 3. Resolution No ."73.3^ approving a one-year extension of time for Tentative Map CT 81-34, including CP-181. 4. Agreement for Waiver of Prohibition Donald J. Trabert Jr. P. 0. Box 2636 Ketchum, Idaho 83340 Received WAY 041983 U» , ur CARLSBAD May 5, 1983 City of Carlsbad Engineering Department 1200 Elm Avenue Carlsbad, CA 92008 SUBJECT: CARLSBAD TRACT 81-34 CONDOMINIUM PERMIT CP-181 Gentlemen: This letter is to request an extension of the approved Tentative Map for the above mentioned subdivision. Due to economical hardship I am unable to pay any fees due to the City at this time. Enclosed please find a check in the amount of $250.00 per your request. Sincerely, IL rabert Enclosures: Check Public Facility Fee Agreement Agreement for Waiver EXHIBIT 1 c C - r SCALE RESOLUTION NO. 7234 1 2 ''"'CERTAIN CONDITIONS.3 23 24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR TENTATIVE MAP 81-34 SUBJECT TO WHEREAS, Section 66473.5 of the Subdivision Map Act5 provides that a tentative subdivision map may not be approved unless6 it is consistent with all applicable general and specific plans; and8 WHEREAS, the City Council of the City of Carlsbad on the •7 17th day of November, 1981, adopted Resolution No. 6721 approving, with conditions, Tentative Map CT 81-34, including CP-181; and WHEREAS, Tentative Map CT 81-34 is now inconsistent with the general plan of the City of Carlsbad because the City Council has found that public facilities are inadequate; and14 WHEREAS, said Tentative Subdivision Map will expire on May15 17, 1983, the applicant has requested an extension of time which16 cannot be approved unless the subdivision can be brought into conformity with the general plan; and18 WHEREAS, the addition of certain conditions of approval to •L •/ the subdivision will allow it to be found to be in conformity with d\) the general plan and the developer has requested the imposition of fc J. such conditions and agreed to comply with them; and && III III 25 /// 26 /// 27 /// 28 /// '•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 WHEREAS, the approval of an extension of Tentative Map CT 81-34, 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; and WHEREAS, both the Developer and the City wish to extend 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 81-34, including CP-181, are hereby extended for one year from May 17, 1983 to May 17, 1984, subject to the execution and fulfillment of all the conditions of Resolution No. 6721 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 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. 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 May 5, 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. -2- 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 7th 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ii MARY H. OTASLER, Mayor16 17 ATTEST:18 20 6-cfc^AxKx *> V\sljA day of June t 1983, by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick, and Prescott NOES: None ABSENT: None IxOCC^-^UK/ c* . // \ ajsUL^SL^a-r^ ALETHA L. RAUTENKRANZ, City Clerkl 21 22 (SEAL) 23 24 25 26 27 28 -3- 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 5th 6ay of May 19 83_ between the City of Carlsbad, a municipal corporation, (hereinafter called "City") and Donald J. TrabSrt Jr. & KathLeen A. Trabert husband and wife »s individuals ' (hereinafter called "Subdivider"). RECITALS » % 1. Government Code Section 56452.6(e) and Carlsbad Municipal 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 Mops"). 2. El Patio v. Permanent Rent Control Board, 110 Cal. App.3d 915, modified 111 Cal. App 3d 788 (1980) Indicates that tho Government Code (Subdivision Map Act) may not author ire 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 sucfi extensions. 7 3. Government Code Section 66452.6(d) and Carlsbad Municipal Code Sections '20.12.100(3) 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 extensioln of • time for Tentative Subdivision Map No. CT 81-34. which was initially approved on October 14,"1981 • 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, wel'fare, 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 dralnaqe fee or major thoroughfare fr»e . or both to provide the funds to construct the necessary 5 drainaqe facilities and thoroughfares. f i 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 project the public health, safety and wol fnrr* • • " • of the pror.cnt and future • residents of City', and to enr.uro i ' ' 2. T 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 » • . 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 fpos K• mentioned above or conditions necessary to protect the public health, safety or welfare, or the environment or ensure consistency with the general pla.n or Municipal Code. tl. Without such voluntary consent of Subdlvldor to the imposition of cond i-t. ionr. City may Ur» ^roqui rod to deny Subdividor' r, request, for extension to <*nsuro; 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 • ' 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 Actf Titles 19, 20 and 21 of the Carlsbad Municipal Code, the City's . \'.'-f'- General Plan and to protect the public health, safety and » welfare. ^ * * • 13. City has reviewed the Subdlvider'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. ' '. /O be contrary to the public health, safety, and welfare. NOW, THEREFORE, in consideration of the recitals and of the mutual covenants 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 f 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. CT 81"34 3. Subdivider knowingly and voluntarily consents to the imposition of a condition of approval of the extension of Tentative Subdivision Map No. CT 81-34 which requires the 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•condit ions: . 4. The provisions of Carlsbad Municipal Code Sections 20.12.110 and 20.24.100, as appropriate, shall qovern the 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.II- 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 beert approved. ATTEST: ALBTHA L. RAUTENKRANZ, City Clerk CITY OF CARLSBAD, a municipal corporation By MAYOR (Major Subdivisions) CITY F.NGTNCF.R (Minor Sub- divisions) SURDTVIDER APPROVEJ>-AS\TO FORM: VINCENT F. By Donald J. Trabert Jr. .Wancy ^^ffi .: to me to b DAN IB City Attorney 2^otarial_acknowledgement of execution by E attached " " ""• "" , before me, peronally appeared , known .t person. . residing at: Hail t be 6.