HomeMy WebLinkAbout1983-12-20; City Council; 6603-3; Tentative Map ExtensionX
CARLSBAD — AGENDQ?ILL
AR« (j>LQ3-*J3
UTO. 12/20/83
DEPT.EN6
TiTLE. TENTATIVE MAP
' CARLSBAD TRACT
(CARLSBAD REALTY
EXTENSION
81-8/CP 151
INVESTMENTS)
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CITY MQR..<^*"
RECOMMENDED ACTION:
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Adopt Resolution
for Tentative Map
ITEM EXPLANATION:
No. 7
81-8
approving
and Condominiurn
a one-year
Permit 151
extension of time
Carlsbad Tract 81-8 is a 10-unit subdivision located on the west
side of Santa Isabel Street. The Applicant is requesting that the
tentative map be extended for a one-year period ending December 2,
1984.
The tentative
Resolution
No. 6554.
map was originally approved on June 2, 1981, per
The Applicant has a signed agreement with the City to pay Public
Facilities Fees prior to issuance of any Building Permit. The
Planning and Engineering Staffs have reviewed this project and have
no objection to the extension. 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 November 18, 1983.
2. Location Map
3. Resolution No •_for Tentative Map CT 81-8 and CP 151.
approving a one-year extension of time
B
CARLSBAD REALTY
INVESTMENTS LIMITED
November 18, 1983
•**» fix
NQV181983
City Engineer
City of Carlsbad PITY fiF
1200 Elm Avenue Ul' ' urj
Carlsbad, CA 92008
ATTN: Mr. Pat Entezari
RE: Request to extend approval of CT-81-8/CP-151
Dear Mr. Wickham:
Carlsbad Realty Investments Limited closed Escrow on June 11, 1982,
•on Lot 410, Unit #2, map 6905 filed April 21, 1971. The planning
commission approved CT81-8/CP-151, April 22, 1981, the city council
of the City of Carlsbad approved the sub-division, and condominium
permit by resolution 6554, June 2, 1981.
In as much as we are new owners of the property and the subject
condominium sub-division, we hereby request that an EXTENSION FOR
ONE YEAR of the referred tentative map be granted" as provided by the
subdivision map act, State of California.
We are currently in the process of insuring that all the conditions
of approval contained in planning commission resolution 1799 are
satisfied, but do not feel that final sub-division maps and all
necessary documents attendant there to can be provided prior to the
present expiration scheduled for December 2, 1983.
Attached is a coporate resolution authorizing the signature con-
tained below.
Respectfully yours, • <,
CARLSBAD REALTY INVESTMENTS LTD. *
A. Ghahremani
Secretary . • v .
cc: Honorable Mary Casler, Mayor
Ron Beckman, Assistant City Manager
Dan Hentschky Esq., Assistant City Attorney
Don Agatep EXHIBIT ]
LOCATION MAP
CITY MAP BOOK PAGE
SCALE
PROJECT NAME
WAL TON (CARLSBAD REAL TY
PROJ.
NO.
CT81-8
EXHIBIT
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RESOLUTION NO. 7439
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF
TIME FOR TENTATIVE MAP CT 81-8/CP 151 (CARLSBAD
REALTY INVESTMENTS) SUBJECT TO CERTAIN CONDITIONS.
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 June 2,
1983, adopted Resolution No. 6554 approving Tentative Map CT 81-
8/CP 151; and
WHEREAS, Tentative Map CT 81-8/CP 151 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
December 2, 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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WHEREAS, the approval of an extension of Tentative Map CT 81-
8/CP 151 is 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 81-8/CP 151 are hereby extended for
one year from December 2, 1983, to December 2, 1984, subject to
the execution and fulfillment of all the conditions of Resolution
No. 6554 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 November, 29, 1982, between
Carlsbad Realty Investments 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
20th day of December _ , 1983, by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Prescott
NOES: None
ABSENT: None
/D
• t^-«-
ATTEST:
^,~l
. CMARY H. ASLER, Mayor
ALETHA L. RAUTENKRANZ, City (Tie
(SEAL)
.'• EXHIBIT "A"
^ Received_',.'. , • '
NOV291982
OF psDH^9iTioN
AGAINST THE M»«SITION WlOWDITIONS CITY OF CARLSBAD
UPON THE APPROVAL OF AN EXTENSION OF
A TENTATIVE SUBDIVISION MAP
This Agreement is made this £ ^ TH day of
between the City of Carlsbad, a municipal corporation,
(hereinafter called "City") and ^/7/f /. 5 f?/? T> &r=fl LTV r^ss fa *~T
/o . .
a ( ^f>rP*rtiWt~iAs _ __(hereinafter called "Subdivider") •
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.Bd
915, modified 111 'Cal. App 3d 788 (1980) indicates that the
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.
.
''. I ' • . . " •••-•. • • f**"-'
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. • .
C4. — — Subdivider nas requested City to approve the extensioin of
time for Tentative Subdivision Map No .£T% I- %
% .
which was initially approved on jftpriff
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
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has conducted studies which show the need to establish a
> • ' t
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
2. ' .'
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
* • m
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
»*.
• -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
1 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 wo.uld 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,
• i ;
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 nay 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
.//
6.
the -agreement is subsequently approved by the City Council,
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 bee'n approved.
ATTEST:
CITY OF CARLSBAD, a municipal
corporation
STATE
COUNT
COPY
6.
CERTIFIED COPY OF RESOLUTIONS
OF BOARD OF DIRECTORS OF
CARLSBAD REALTY INVESTMENTS, LIMITED
It is hereby certified by the Board of Directors that A. GTHAHREMANI,
and B. AMIRVAND, are the duly elected, qualified, and acting Secre-
tary and President of CARLSBAD REALTY INVESTMENTS, LIMITED,* t
a duly organized and existing corporation.
IN WITNESS WHEREOF, we have hereunto set our hand this 16th day
of September 1982.
A. GHAHREMANI
Secretary
<&?£•X
B. AMIRVAND
President
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