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HomeMy WebLinkAbout1984-01-03; City Council; 6657-4; TENTATIVE MAP EXTENSION CARLSBAD TRACT 81-16/LCDP 81-01 (VISTA SANTA FE - DAON)c;r W 4 cn c P rl 2 i! b 4-I 0 s 8 -4 4J E B s 3 2 -4 cr E 1 3 $ 8 3 Tr W m I d I u- * CIT~F CARLSBAD - AGEND~ILL LrL %yy CARLSBAD TENTATIVE TRACT MAP 81-16/LCDP EXTENSION 81-1 DEP U MTG, 1/3/84 (VISTA SANTA FE - DAON) CITY Q DEPTYG CITY c y 1 RECOMMENDED ACTION: h > k w. for Tentative Map CT 8 including LCDP 81-1. u Adopt Resolution No. 5 33E- approving a one-year extensio ITEM EXPLANATION: g r3 '1, Q w 8 6, Carlsbad Tract 81-16 is a 560-unit subdivision located on side of Rancho Santa Fe Road and north of Olivenhain Road. Applicant is requesting that the tentative map be extended second time for a one-year period ending January 21, 1985. The tentative map was originally approved on July 21, 1981 Resolution No. 6620. A one-year extension of time was gra January 18, 1983, per Resolution No. 7118. 8 L The Applicant agreed to pay Public Facilities Fees with th original application. Planning and Engineering staffs hav reviewed this project and recommend the Developer to exec Q revised Public Facilities Fee Agreement as required by Cou T Policy No. 17. The Subdivider has signed an agreement to prohibition of new conditions. -3 FISCAL IMPACT: a offset by the payment of the Public Facilities Fee by the Q EXHIBITS: '4 4 1. Letter requesting extension, dated December 13, 1983. e\ 2. Location Map \ !!I 9 Developer. Additional public facilities required by this project will 4 3 '9 )4 Q \ - 2 G 5 2 a z 0 4 z 0 s 3. Resolution No. 744z,j7 approving a one-year extension a for Tentative Map T 81-16, including LCDP 81-1. I"* 1) (I! WON CORPORATION 4350 VON KARMAN. SUITE 100, NEWPORT BEACH, CALIFORNIA 92660 TELEPHONE (714) 476-2766 Our file Number: December 13, 1983 Mr. Pat Entezari CITY OF CARLSBAD Engineering Department 1200 Elm Street Carlsbad, CA 92008 RE: VISTA SANTA FE, TENTATIVE MAP C.T. 81-16 (57937) Dear Pat: On behalf of the Daon Corporation and Polygon Corporation, I would like to request a one year extension of time on the above tentative map. This map is due to expire January 21, 1984 and has been extended previously for one year. I have enclosed the following items necessary to process this extension. 1. Check in the amount of $500 .OO processing fee (560 units). 2. Executed Public Facilities Agreement and Waiver of conditions. (One for each owner/developer. I believe this would complete our request. If you need any additional information or have any questions, please contact me. Very truly yours, d&> DAON CORP RATION Bill Storm Project Manager BS/mab ENCLOSURE ' EXHIBIT 1 . I 0 e LOCATION MAP NO SCAE " Olf VENHA. "o-C/ V%N~Y-A~MZ-RD, CITY MAP BOOK PAGE WCINI TY ~ MAP NO SC4LE PROJECT NAME PROJ. .~ V/S-TA"- SANTA FE C T8/-/6 NO. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1 20 21 22 23 24 25 26 27 28 ~ I b 0 e RESOLUTION NO. 7458 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF CERTAIN CONDITIONS. TIME FOR TENTATIVE MAP 81-16ILCDP 81-1 SUBJECT T WHEREAS, Section 66473.5 of the Subdivision Map Act that a tentative subdivision map may not be approved unle consistent with all applicable general and specific plans WHEREAS, the City Council of the City of Carlsbad on day of July, 1981, adopted Resolution No. 6620 approving, conditions, Tentative Map CT 81-161LCDP 81-1; and WHEREAS, the City Council of the City of Carlsbad on day of January, 1983, adopted Resolution No. 7118, extend Tentative Map CT 81-16lLCDP 81-1 for a period of one year January 21, 1984; and WHEREAS, Tentative Map CT 81-16 is now inconsistent General Plan of the City of Carlsbad because the City Cour found that public facilities are inadequate; and WHEREAS, said Tentative Subdivision Map will expire ( January 21, 1984, and the Applicant has requested an exter time which cannot be approved unless the subdivision can I brought into conformity with the General Plan; and WHEREAS, the addition of certain conditions of appro! the subdivision will allow it to be found to be in conforr l the General Plan and the Developer has requested the impos I such conditions and agreed to comply with them; and ~ /I/ - ill 1 //I *I/ 0 * s 11 1 ll WHEREAS, the approval of an extension of Tentative M 2 3 4 5 6 CT 81-16 subject to such conditions, in lieu of denial of will allow the project to ga farward aubidhg the unneces delay to the City and to the Developer involved with deni the new application which would then be approved subject same set of conditions; and 7/1 WHEREAS, both the Developer and the City wish to ext 81) map subject to the additional condition; 9 IO I1 NOW, THEREFORE, BE IT RESOLVED by the City Council o City of Carlsbad, California, as follows: A. That the above recitations are true and correct; B. That Tentative Map CT 81-16/LCDP 81-1 are hereby 12 13 for one year from January 21, 1984, to January 21, 1985, 14jj to the execution and fulfillment of all the conditions of 1511 Resolution No. 7118 and the following additional conditio1 16 17 18 19 20 21 (1) This approval is expressly conditioned on ti payment by the Applicant of a Public Facili as required by City Council Policy No. 17, February 24, 1982 and effective April 2, 19' file with the City Clerk and incorporated ht reference, and according to the agreement e: by the Applicant for payment of said fee. : fee is not paid as promised, this applicatic not be consistent with the General Plan and void. project cannot proceed and this approval Shi 22 23 24 (2) The City may initiate special assessment di! proceedings for improvements on Rancho Santi Road, which would include the roadway adjacc the subdivision. Prior to the approval of . final map for the project, the Developer sht 25 26 27 28 into an agreement with the City to participt the formation of such a special assessment ( If such proceedings are consummated prior tc approval of the Phase IV final map for the F such proceedings shall be deemed to satisfy Developer's obligation to construct the Ranc Fe Road improvements. If the City chooses r I1 I 0 w 1 2 3 initiate said assessment district or should assessment district fail, the Developer sha the road as required by Condition 42 of the tentative map approval. 4 C. That the agreement for waiver of prohibition aga 5 imposition of conditions upon the approval of an extensio 6 tentative subdivision map, dated December 5, 1983, betwef 7 Corporation and the City of Carlsbad, marked Exhibit A an 8 attached hereto. 9 . 0. That this extension is approved in reliance upon 10 agreement. Any legal challenge to or failure to perform 11 AY E S : Council Mabers Casler, Lewis, Kulchin, Chick and Prescc 16. day of January , 1984, by the following vote, t 15 Council of the City of Carlsbad, California, held on the 14 PASSED, APPROVED AND.ADOPTED at a regular meeting of 13 approval void and the map shall not be final. 12 agreement or the conditions of this resolution shall renc 17 18 NOES: Eone ABSENT: mne 19 I 20 21 ATTEST:. L/"l b! (C&.?A MARY H. JASLER, Mayor 22 23 li!k%d% 64 tcLh ALETHA L. RAUTENKRANZ, Clty @jerk 24 25 (SEAL) 26 27 28 + - . ~ - .., '8 * AGKEEMENT FOR WAIVER OF PROHIBITION AGAINST THE II4POSITION OF' CONDITIONS UPON THE APP.ROVAL OF AN EXTENSION OF ' A TENTATIVE SUBDIVISION MAP This Agreement is made this 5th day Of Decel'Jber I 19 - 83 between the City of Carlsbad, a municipal corporation, (hereinafter called "City") an6 Polyqon COrPOratiOn I a Corporation (hereinafter called "Subdivider" 1. - RECITALS .. .b 1. .. Government Code Section 66452.6(e) and Carlsbad Municipal Code Sections 20 . 12.11 0 and 10 . 24, 180 permit Subdividers to request and City to approve, conditionally approve br 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 tht Government Code (Subdivision Map Actj may not authorize Ci' to impose new conditions; i.e., . those which were not imposed on the tentative'subdivision map, upon the s 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. / ' :*. . .. " 0 e 1- 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 . 4, , Subdivider has requested City.to- approve the extensioin Of time for Tentative Subdivision Map NO. CT81-16 which was initially approved on July 7, 1983 . b 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 o'f said Tent'ative 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. ' 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 welfarc Of the present and future residents of City and to ensure 2 .. *. .- , -e. '.. 10 a ,. e that public facilities to serve the development will be available concurrent with need as required by City's , general plan. Deveioper 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 i . 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' general plan and Municipal Code. : - .. 10. City arguably may not, without the voluntary consent of Subdivider, impose upon the extension of said Tentative Subdivi5ion 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. , . -.. .@ .. e . #. protected or.that the general plan or Municipal Code requirements are satisfied. Approval of the extension of . said Tentative Subd.ivision Map without assurances that the fee5 - 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 consistenc r . 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 subdivisior map, Subdivider would then be required to incur substantial costs and time delays in processing a new tentative subd.ivision 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 , I 13. City has reviewed the Subdivider's request for an extensic '' of time for said tentative subdivisjon map and finds that granting the request subject to certain conditions will nc 4, : I' 4' '\ * .. " a e 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. 2. Subdivider knowingly and voluntarily waives any and all rigk the unconditioned extension of Tentative Subdivision Map No. 3. Subdivider knowingly and.voluntarily consents to the imposit of a condition of approval of the extension of Tentative Subdivision Map No. CT81-16which requires payment of any fec 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 b! the applicant of a public facilities fee as required by City Counci-l Policy No. 17, issued 2/24/82 and effectivc 4/2/82, on file with the City. Clerk and incorporated he: by reference, and according.to the agreement executed b! -. . the applicant for payment of said fee. If said fee is I paid as promised, this application will not be consistel with the General Plan and the,project cannot proceed ant this approval shall be void. 4. The provisions of Carlsbad Municipal Code Sections 20.12.111 and 20 -24,. 180, as appropriate, shall govern extension of thl map which is the subject of this agreement. 5. If this agreement is for an extension of a tentative subdiv map -for a minor Subdivision, the appeal of the City Enginee approva1,gor conditional approval, of the extension by any . shall void this agreement unless 5. ~. . .- .. 0 e 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 be;* approved. CITY OF CARLSBAD, a municipal ATTEST: corporation .. .b . BY ALETHA L. RAUTENKRANZ, MAYOR (Major Subdivisions) City Clerk CITY ENGINEER (Minor Sub- .. divisions) .- .. -. - .. Director of California Operations .. -APPROVED AS TO FORM: . STATE OF CALIFORNIA ) . c COUNTY OF ORANGE ) ss On december 7, 1983, before me, the undersigned, a Notary Public in I for said State, personally appeared Russell F. Padia, personally known to mc or proved to me on the basis of satisfactory evidence, to be the person who executed the within instrument as the Director of California Operations of ., Corporation that executed the within instrument and acknowledged to me that corporation executed the within instrument pursuant to its Bylaws, or a resc tion of its Board of Directors. i WITNESS my hand and official seal. Notary Public in and for the County of Orange, State of Cal i fornia 0 " ,./ THE POLYGON CORPORATION CORPORATE RESOLUTION The undersigned hereby certifies that he is the Tr er of THE POLYGON CORPORATION, a Washington corpwtion (the "Company") I that the following resolution is complete, true and correct copy of a resolution adopted by una nimous written consent in lieu of a meeting of the Board of Directors of the Company as of November 2 , 1983 and tha said resolution has not been modified or rescinded and is in f force and effect as of the date of this Certificate: WHEREAS, it is necessary to file certain documents w the Department of Real Estate of the State of California for offering for sale in California any five or more lots in a planned residential development; and WHEREAS, the Company intends to offer certain lots f sale as a part of a planned residential development known as L Lomas in Carlsbad, California. NOW, THEREFORE, BE IT RESOLVED, that Russell F. Padi as agent of the Company, is hereby authorized and directed to file such documents, including a certain Questionnaire and App cation for Public Report, and. any amendment or supplement ther and take such other steps as may be required by the California State Department of Real Estate, or any other governmental bod to fully comply with the statutes, rules and regulations gover the subdivision and sale of real properties, on behalf of the Company. THE a WaAmL*\ POLYGON rpor tion By : Its: Treasurer Dated: November 2, 1983 (SEAL) * .. - "_ ..I *. ... A ... ,a m EXHIBIT A I - AGHEEMENT FOR WAIVER OF PROHIBITION AGAINST THE IMPOSITION OF' CONDITIONS UPON THE APPROVAL OF AN EXTENSION OF A TENTATSVE SUBDIVISION MAP This Agreement is made this 5th day Of December f 19 - *3 between the City of Carlsbad, a municipal corporation, -(hereinafter called "City") an6 *aon Corporation I a ' Corporation (hereinafter called "Subdivider"). - " RECITALS .. .b 1:. Government Code Section 66452,6(e) and Carlsbad 5 Municipal -Code Sections 20.12.110 and 10.24.180 permit Subdividers 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. E1 Patio v . Permanent Rent Control Board, 11 0 Cal App.3d - 915, modified 111 Cal. App 3d 788 (1980) indicates that thc Government Code (Subdivision Map Actj may not authorize Ci to impose new conditions; i.e. . I 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. 9 I ..I* * . .- ,. .- @ . 3. Government C.ode Section 66452,6(d) and Carlsbad Municipal Code Sections 20.12.100(d) and 20.24.160 provide that I expiration of a tentative subdivision map shall terminate all proceedings and that no final map or parcel map for any ' property c0vere.d 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. CT 81-16 ' which was initially approved on July 7, 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. i. 6, Since the approval o.f said Tentative Subdivision Map, City c 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 welfarf of the present and future residents of City and .. to ensure 2.. .. , -a. '. . u 1. .w *. 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 i . 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' 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 'amsistency 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. , . -a* .. .( ,.* * . . . y 0 prdtectcd or. that the general plan or Municipal Code requirements' are satisfied. Approval of the extension of ' . said Tentathe 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 consistenc b .' 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 subdivisior hap. 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 go 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 extensio " of time for said tentative subdivisjon map and finds that granting the request subject to certain conditions will no 4. : * ,* '1 . , . .* 0 e be contrary to the public health, safety, and welfare. NOW, TTHEfiEFORE, 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. 2. Subdivider knowingly and voluntarily waives any and all righ the unconditioned extension of Tentative Subdivision Map No. ' 3- Subdivider knowingly and.voluntarily consents to the imposit . of a condition of approval of the extension of Tentative Subdivision Map No.CT81-16 ivhich 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 b; 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 he> bye reference; and according. to the agreement executed b; paid as promised, this application will not be consistex with.the General Plan and the.project cannot proceed an1 this approval shall be void. *. . the applicant for payment of said fee. If said fee is I 8 4. The provisions of Carlsbad Municipal Code Sections 20.12.111 and 20.24.180, as appropriate, shall govern extension of thl map which is the subject of this agreement. 5. If 'this agreement is for an extension of a tentative subdiv . map for a minor subdivision, the appeal of the City Enginee approval, or conditional approval, of the extension by any . shall void this agreement unless 5. ',a ,D . ..* * * .)' n .. I !e e 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 begn approved. .. ATTEST : .- CITY OF CARLSBAD, a municipal corporation .i . BY ALETHA L. RAUTENKRANZr MAYOR (Major Subdivisions) . City Clerk CITY ENGINEER (Minor Sub- .. divisions) - .. SUBD1V1DER DAON -COXPOR;',TION BY qJ&4-v7 Mr. Mike K n -. .A , ' dfl48 STATE OF CALIF0 IA COUNTY OF Vrange I Jss. I al - December 13, 1983 .- 0 and g W.A. Colton, I11 , personally known to me (or proved to me on the .- 5; DAON CORPORATION 25 I bY-lawS or a resolution of its board of directors. ppropri a t - F - On , before me, the undersigned, a Notary Public in and for 5 said State, personally appeared Michael K. Ryan L 5 2 basis of satisfactory evidence) to be the persons who executed the within instrument as Vice President . LE e XLand, S .D. COUII&=~~~ V . P. Land I of execut g g the corporation therein named, and acknowledged to me that Z 01 such corporation executed thewithin instrument pursuantto its -0 XNWH@€ on behalf of ea) 6i 9 WlTNESS my hand and official seal. 1: '0 0 c) sig&Gr</ .qy] , kkLL/.l ,/A , c' c L [ . <?> f2-Lcq/T ci TaTETa7L"Brown (This area for official notarial seal) 7 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 @ - ditg of darlstbab TE (7' January 30, 1984 Daon Corporation 4350 Von Karman, Suite 100 Newport Beach, CA 92660 Enclosed for your records, please find a copy of the following Resolution No. 7458 . , adopted by the Carlsbad City Council on January 17, 1984 " Sincerely, Af- LEE RAUTENKRANZ , City Clerk LR: adm Enclosures ( 1 )