HomeMy WebLinkAbout1983-08-02; City Council; 6572-3; Tentativel Map ExtensionOUJ
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TITLE- TENTATIVE MAP EXTENSION
•""••• CARLSBAD TRACT 80-42/CP 136
(ZOLIN) - SANTA ISABEL STREET
DEPT. HD._£=^
CITY ATTYV/E&
RECOMMENDED ACTION:
Adopt Resolution No.
for Tentative Map CT
ITEM EXPLANATION:
*7 approving a one-year extension of time
0-42, including CP-136.
Carlsbad Tract 80-42 is an 11-unit subdivision located on the south
side of Santa Isabel Street. The Applicant is requesting that the
tentative map be extended for a one-year period ending July'22, 1984.
The tentative map was originally approved on January 20, 1982, per
Resolution No. 6416. A one-year extension of time was granted on
July 22, 1982, per Resolution No. 6944.
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
ofnewconditions.
FISCAL IMPACT:
Additional public
by the payment of
EXHIBITS:
faci1iti es
the Public
required by this project will be offset
Facilities Fee by the Developer.
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Letter requesting extension
Location Map
Resolution N o. 73(3 *~1 approving a one-year extension of time for
Tentative Map CT 80-42, including CP-136.
OB
OO
Carlsbad Realty Investments, Ltd
.18552 MacArthur Blvd., Suite 345
Irvine, California 92715
City of CArlsbad
1200 Elm Avenue
Carlsbad, California
Gentlemen
Subject: Request for extension
P C r^rt n r\ / O / /TV~»"! O f^ference: oidu-42/ ur 136
This is to request an extension of above tentative map from 22 July 1983
to 2.2 July 1984.
This request is irade necessary so that we can obtain satisfactory
financing for 1 the construction and take out financing,.
Truly- yours
S?''"
£-Z'J
A. GH
-VICINITY MAP^I
PROJECT S/T
S C A I...r
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3 CP 136. SUBJECT TO CERTAIN CONDITIONS.
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RESOLUTION NO. 7307
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF
TIME FOR TENTATIVE MAP CT 80-42, INCLUDING
and
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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;
WHEREAS, the City Council of the City of Carlsbad on the
day of January 20, 1982 , adopted Resolution No. 6416 approving,
with conditions, Tentative Map CT 80-42, including CP-136; and
WHEREAS, Tentative Map CT 80-42 is now inconsistent with
the General Plan of the City of Carlsbad because the City Council
has found that public facilities are inadequate; and
WHEREAS, said Tentative Subdivision Map will expire on July
22, 1983, and the Applicant has requested an extension of time which
cannot be approved unless the subdivision can be brought into
conformity with the General Plan; and
WHEREAS, the addition of certain conditions of approval to
the subdivision will allow it to be found to be in conformity with
the General Plan and the Developer has requested the imposition of
such conditions and agreed to comply with them; and
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1 WHEREAS, the approval of an extension of Tentative Map CT
2 80-42, subject to such conditions, in lieu of denial of the map,
5 will allow the project to go forward avoiding the unnecessary delay
4 to the City and to the Developer involved with denial and the new
5 application which would then be approved subject to the same set of
6 conditions; and
7 WHEREAS, both the Developer and the City wish to extend the
8 map subject to the additional condition;
9 NOW, THEREFORE, BE IT RESOLVED by the City Council of the
10 City of Carlsbad, California, as follows:
A. That the above recitations are true and correct;
12 B. That Tentative Map CT 80-42, including CP-136, are
13 hereby extended for one year from July 22, 1983 to July 22, 1984,
14 subject to the execution and fulfillment of all the conditions of
15 Resolution No. 6416 and the following additional condition:
16 (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 June 25, 1982, between James C.
Zolin and Josephine M. Zolin 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
2 agreement. Any legal challenge to or failure to perform said
3 agreement or the conditions of this resolution shall render this
4 approval void and the map shall not be final.
5 PASSED, APPROVED AND ADOPTED at a regular meeting of the
6 City Council of the City of Carlsbad, California, held on the 2nd
7 day of August » 1983, by the following vote, to wit:
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9 AYES: Council Matters easier, Lewis, Kulchin, Chick and Prescott
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NOES: None
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ABSENT: None
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MARY H. $ASLER, Mayor
ATTEST:
, CWy ClerF
KAREN R. KUNDTZ, Deputy City Clerk
(SEAL)
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 rQ -flay of QuA/u
19 B-5 between the City of Carlsbad, a municipal corporation,
(hereinafter called "City") and \_g C ftSbfr P\^J ftOL&in PC Ot H Li J>Ui idnit life.
_ 3 r Ax f\
a iTUN^KAbuJYO (hereinafter called "Subdivider"). V '- v.,vp,,,^ -v^.-,^
RECITALS
1. Government Code Section 66452.6(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 Maps").
2. El 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
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.
J.
which was initially approved on QQQJUQ.ru 26
3. Government Code Section 66452. 6(d) and Carlsbad Municipal
Code Sections 20. 1 2.1 00 (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 .
4. Subdivider has requested City to approve the extensioin of
time for Tentative Subdivision Map No . ^Q - 4Z> / CP~ l^U
^ "^ " - i-~— -irii J*
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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,
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.
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 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
. 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
t
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 the
public health, safety or welfare, or the environment or
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
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
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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 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.
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
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.
3. Subdivider knowingly and.voluntarily consents to the imposition
of a condition of approval of the extension of Tentative
Subdivision Map No. 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
with the General Plan and the project cannot proceed and
this approval shall be void.
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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.
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
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 been approved.
ATTEST:
ALEfrHA L.
Cir€y Clerk
APPROVED AS TO FORM:
VIN
CITY OF CARLSBAD, a municipal
corporation
By / "t-<fc<v^-y g
MAYOR (Mfajor Subdivfsions)
CITY ENGINEER (Minor Sub-
divisions)
SUBDIVIDER
By_
City Attorney
Assistant
City Attorney
(Notarial acknowledgement of execution by
subdivider must be attached)
(Affix corporate seal if appropriate)
STATE OF CALIFORNIA
COUNTY OF
.ss.
-day of -UlOn this ' <->~
a Notary Public in and for said County and State, personally appeared-
, before me, the undersigned,
personally known to me (
President, ^
proved to me on thjj basis of satisfactory evidence) to be the~ '' 15 /W/VAH
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
Secretary of the corporation that executed the within instrument,
and known to me to be the persons who executed the within
instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the same,
pursuant to its by laws, or a resolution of its Board of Directors.
WITNESS my hand and official seal.
OFFICIAL SEAL
N J ELLIOTT
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My comm. expires AUG 20, 1986
(This area for official seal)