HomeMy WebLinkAbout1984-02-21; City Council; 6658-8; Tentative Map Extension- Carlsbad Research Center'
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&CIT*F CARLSBAD - AGEND~ILL
TENTATIVE MAP EXTENSION DEPT. H AB#*% TITLE:
MTG. 2/21/84 (CARLSBAD RESEARCH CENTER) CITY AT
DEPT. ENG CITY MC
RECOMMENDED ACTION:
CARLSBAD TRACT 81-10
Adopt Resolution No. ar approving a one-year extension o
for Tentative Map CT 8 G 0, Units 2, 3, and 4.
ITEM EXPLANATION:
Carlsbad Tract 81-10 is a 115-lot industrial subdivision loct
on the west side of El Camino Real, north of Palomar Airport The Applicant is requesting that the tentative map be extendc
until March 2, 1985.
The tentative map was originally approved on July 21, 1981, I
Resolution No. 6619. A one-year extension of time was grantr
February 15, 1983, per Resolution No. 7138.
The Applicant agreed to pay Public Facilities Fees with the
reviewed this project and recommend the Developer to execute
revised Public Facilities Fee Agreement as required by Counc-
Policy No. 17. The Subdivider has signed an agreement to wa-
prohibition of new conditions.
FISCAL IMPACT:
Additional public facilities required by this project will b offset by the payment of the Public Facilities Fee by the Developer.
EXHIBITS :
1. Letter requesting extension, dated January 13, 1984.
2. Location Map
3.
original application, Planning and Engineering staffs have
Resolution No. y?-dp approving a one-year extension of
for Tentative Map CT 81-10, Units 2, 3, and 4.
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30 Engineer Road a (Iy an Diego
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California
921 11
714 292-5550 January 13, 1984
F-.nT - ,I%&$J&IVED
Mr. David Hauser, Acting City Engineer
CITY OF CARLSBAD
1200 Elm Ave.
Carlsbad, CA 92008
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:::- cy CAWEaja,
i?-sAqyi'*;-9"'f M=" .__ AZ.4 d
Carlsbad~~~~~~~~Cz~~~r
RE: CARLSBAD RFSEARCH CENTER TENTATIVE MAP (C.T.81-10)
Dave :
On behalf of The Koll Company, I would like to request a one year ex-
tension of time on the above mentioned tentative map.
our first phase and need extra time to record additional phases.
find enclosed a check in the amount of $500.00 processing fee.
Sincerely,
We have recorded
Please
CARLSBAD RESEARCH CENTER,
Southern Division
BEF/~
enc lo sure
The Koll Company
EXHIBIT 1
(CITY MAP BOOK PAGE PRO.). EX&- PROJECT NAME NO. CARLSBUI RESEARCH CENTER cm~o 2 -
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RESOLUTION NO. 7508
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF
CERTAIN CONDITIONS.'
TIME FOR TENTATIVE MAP CT 81-10 SUBJECT TO
WHEREAS, Section 66473.5 of the Subdivision Map Act prov'.
that a tentative subdivision map may not be approved unless it
caflsisteflt with all applicable general and specific plans; anc
WHEREAS, the City Council of the City of Carlsbad on the
21 day of July, 1981, adopted Resolution No. 6619 approving, v,
conditions, Tentative Map CT 81-10; and
WHEREAS, the City Council of the City of Carlsbad on the
day of February, 1983, adopted Resolution No. 7138 extending
Tentative Map CT 81-10 for a period of one year to March 2, 19
and
WHEREAS, Tentative Map CT 81-10 is now inconsistent with
General Plan of the City of Carlsbad because the City Council
found that public facilities are inadequate; and
WHEREAS, said Tentative Subdivision Map will expire on Ma,
2, 1984, and the Applicant has requested an extension of time I
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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 tc
the subdivision will allow it to be found to be in conformity M
the General Plan and the Developer has requested the imposition
such conditions and agreed to comply with them; and
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WHEREAS, the approval of an extension of Tentative Map
CT 81-10 subject to such conditions, in lieu of denial of the
will allow the project to go forward avoiding the unnecessary
delay to the City and to the Developer involved with denial ai
the new application which would then be approved subject to tk
sane set of conditions; and
WHEREAS, both the Developer and the City wish to extend 1
map subject to the additional condition;
NOW, THEREFORE, BE IT RESOLVED by the City Council of tht
City of Carlsbad, California, as follows:
A. That the above recitations are true and correct;
B. That Tentative Map CT 81-10 is hereby extended for or
year from March 2, 1984, to March 2, 1985, subject to the
execution and fulfillment of all the conditions of Resolution
No. 6619 and the following additional condition:
(1) This approval is expressly conditioned on the paymer
the Applicant of a Public Facilities Fee as requirec
City Council Policy No. 17, dat-ed February 24, 1982,
effective April 2, 1982, on file with the City Clerk
incorporated herein by reference, and according to t
agreement executed by the Applicant for payment of s
fee. If said fee is not paid as promised, this application will not be consistent with the General and the project cannot proceed and this approval sha
be void.
C. That the agreement for waiver of prohibition against
imposition of conditions upon the approval of an extension of
tentative subdivision map, attached hereto is approved.
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D. That this extension is approved in reliance upon sai
agreement. Any legal challenge to or failure to perform said
agreement or the conditions of this resolution shall render t
approval void and the map shall not be final.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Council of the City of Carlsbad, California, held on the
21st day of February , 1984, by the following vot
wit:
AYES:
NOES: lane
Council mrs Casler, Lewis, Kulchin, Chick and Prescott
ABSENT: None +/ J' (6 1 -4+A+/ l-Pd-4 e-
MAR Y H . ,4A S L E R , Mayo r
ATTEST:
*LW dl!!*p rk
(SEAL)
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AGREEMENT FOR WAIVER OF PROHI BITION AGAINST THE IMPOSITION OF CONDITIONS UPON THE APPROVAL OF AN EXTENSION OF
A TENTATIVE SUBDIVISION MAP .
This Agr-ement is made this 1st day of February I
19 81 between the City of Carlsbad, a municipal corporation, --
(helveinafter called "City") anG CARLSBAD RE;S~H c~glp;g, I
a - P srtnership (hereinafter called "Subdivider").
RECITALS
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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
RTentative Subdivision Maps").
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2. El Patio v. Permanent Rent Control Board, 110 Cal. App.3d
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
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subdivision map, but also held that the City does have
discretion to approve or deny such extensions.
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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 .
Subdivider has requested City to approve the extensioin of 4.
time for Tentative Subdivision Map No. -CT 81 - lo
which was initially approved on 2/18/82 .
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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.
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.
Since the approval of the Tentative Subdivision Map, City
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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.
executed a contract which is on file with the City Clerk to
that effect.
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.
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 Nap to protect the public health,
Deveioper agrees to pay said fees and has
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- 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.
City arguably may not, without the voluntary consent of
Subdivider, impose upon the extension of said Tentative
Subdivi%ion 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.
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.
said Tentative Subdivision Map without assurances that the r
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 ta 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.
Approval of the extension of
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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.
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.
Subdivider knowingly and voluntarily waives any and all rights
the unconditioned extension of Tentative Subdivision Map No. C!
Subdivider knowingly and voluntarily consents to the impositic
of a condition of approval of the extension of Tentative
Subdivision Map No. CT 81-iowhich 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 an
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*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 herei
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
wigh 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.
If this agreement is for an extension of a tentative subdivisi
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map for a minor subdivision, the appeal of the City Engineer's
approval, or conditional approval-, of the extension by any par
shall void this agreement unless
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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.
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CITY OF CARLSBAD, a municipal ATTEST : corporation
d@; dJ4&< 4
ALEiTHA La RAUTENKRANZ r City Clerk jor subdivisions I
NEER (Minor Sub-
0Wi;Bn Q*
divisions )
SUBDIVIDER
CmSBAD RESEAR
. , City Attorney
City Attorney
(Notarial acknowledgement of execution
subdivider must be attached)
(Affix corporate seal if appropriate)
6.
m a
STATE OF CALIFORNIA)
COUNTY OF SAN DEGOJ ''e
On this 1st hy Of February I in the year 1984 t before me - - Michelle Milaske
and State, person-d Michael J. Dunigan
known to me to be Vice President of The Koll Company, a California
Corporation, the Corporation that executed the within instrument, and
known to me to be the person who executed the within instrument on
beh*,lf of said Corporation, saidCorporationbeing known to m8 to be
Managing Partner of Koll Carlsbad Associates, a California General
Partnership, the Partnership that executed the within instrument,
and acknowledged to me that said Partnership executed the same as
General Partner of Carlsbad Research Center and that Carlsbad Research
Center executed the same.
In witness whereof, I have hereunto set my hand and affixed my notarial
sea,Lr the day and year in this certificate first above written.
, a notary public in and for said County - , personally
COUNTY AND STATE