HomeMy WebLinkAbout1984-04-03; City Council; 6742-3; TENTATIVE MAP EXTENSION CARLSBAD TRACT 81-29 |THE DAVIDSON CO.|3
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;c CI@F CARLSBAD - AGEND~ILL
TENTATIVE MAP EXTENSION DEPT. H
CITY AT CARLSBAD TRACT 81-29 (THE DAVIDSON CO.) MTG. 4/3/84
DEPT. ENG - CITY MG
ABIILZY~F~ TITLE
RECOMMENDED ACTION:
Adopt Resolution No. s 6 approving a one-year extension of time for TE Map CT 81-29, including -23.
’ ITEM EXPLANATION:
Carlsbad Tract 81-29 is a 38-unit subdivision located on the north side of Way, east of Alicante Road. The Applicant is requesting that the tentativ extended unti-1 April 6, 1985.
The tentative map was originally approved on October 6, 1981, per Resoluti
NO, 6682, A one-year extension of time was granted on April 5, 1983, per Resolution No. 7176.
The Applicant agreed to pay Public Facilities Fees with the original applil Planning and Engineering staffs have reviewed this project and recommend t Developer to execute the revised Public Facilities Fee Agreement as requirt Council Policy No. 17. prohibition of new conditions.
FISCAL IMPACT:
Additional public facilities required by this project will be offset by the
of the Public Facilities Fee by the Developer.
EXHI BITS :
1. Letter requesting extension, dated March 15, 1984.
2. Location Map
3.
The Subdivider has signed an agreement to waive a
Resolution No.75 Sapproving a one-year extension of time for Tentat CT 81-29, inclu AUD-33. ing
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RICK ENGINEERING COMPANY K~"C%%%'&E
3088 PI0 PIC0 DR. SUITE 202 CARLSBAD, CA 92008
P.O. BOX 1129 0 PHONE AREA CODE 619 729-4987
March 15, 1984
Mr. Fat Entezari
CITY OF CARLSBAD
ENGINEERING DEPARTMENT
1200 Elm Avenue
Carlsbad, California 92008
RE: CARLSBAD TRACT #81-29, ALICANTE HILLS/J#7932
Dear Pat:
On behalf of our client, William Davidson, of the Davidson Compai
I would like to request an extension of time on tentative map C.:
81-29. This map is due to expire April 6, 1984, and this would 1
our second extension of time for this map.
Enclosed please find the following items required to process thi2
1. Check in the amount of $382.50 processing fee. (Check #1753)
2. Executed Public Facilities Agreement and Waiver of Condition:
Please proceed with this extension, and if you have any question$
please call, Thank you.
request.
Sincerely, *
Robert C, Ladwig
RCL:rc
Enclosures
cc: Mr. William Davidson
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RESOLUTION NO. 7545
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR TENTATIVE MAP 81-29 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 wit
applicable general and specific plans; and
WHEREAS, the City Council of the City of Carlsbad on the 6th dsay of
1981, adopted Resolution No. 6682 approving, with conditions, Tentative MI
CT 81-29; and
WHEREAS, the City Council of the City of Carlsbad on the 5th day of ,
1983, adopted Resolution No. 7176 extending Tentative Map CT 81-29 for a ,
of one year to April 6, 1984; and
WHEREAS, Tentative Map CT 81-29 is now inconsistent with the General
the City of Carlsbad because the City Council has found that public facili
are inadequate; and
WHEREAS, said Tentative Subdivision Map will expire on April 6, 1984,
the Applicant has requested an extension of time which cannot be approved
the subdivision can be brought into conformity with the General Plan; and
WHEREAS, the addition of certain conditions of approval to the subdiv
will allow it to be found to be in conformity with the General Plan and th
Developer has requested the imposition of such conditions and agreed to co
with them; and
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WHEREAS, the approval of an extension of Tentative Map CT 81-29 subj
such conditions, in lieu of denial of the map, will allow the project to
forward avoiding the unnecessary delay to the City and to the Developer i
with denial and the new application which would then be approved subject
same set of conditions; and
WHEREAS, both the Developer and the City wish to extend the map subj
the additional condition:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ca
California, as follows:
A. That the above recitations are true and correct;
B. That Tentative Map 81-29/PUD-33 are hereby extended for one year
April 6, 1984, to April 6, 1985, subject to the execution and fulfillment
the conditions of Resolution No. 6682 and the following additional
condition:
(1) This approval is expressly conditioned on the payment by the Api of a Public Facilities Fee as required by City Council Policy Nc dated February 24, 1982, and effective April 2, 1982, on file wi City Clerk and incorporated herein by reference, and according t
agreement executed by the Applicant for payment of said fee. If
fee is not paid as promised, this application will not be consic with the General Plan and the project cannot proceed and this aF
That the agreement for waiver of prohibition against the imposit
conditions upon the approval of an extension of a tentative subdivision ma
attached hereto is approved.
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I shall be void.
C.
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D. That this extension is approved in reliance upon said agreement.
legal challenge to or failure to perform said agreement or the conditions
resolution shall render this approval void and the map shall not be final
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Counci
City Of Carlsbad, California, held on the 3rd day of April
1984, by the following vote, to wit:
AYES:
NOES: None
ABSENT: None
Councill&nbers Casler, Lewis, Kulchin, Chick and Prescott
FI ss{ H. YA LE , Mayor EL?.-&-*
ATTEST:
ALWAu&tiK&iJ
(SEAL)
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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 15th day of e3arrh I
1984 between the City of Carlsbad, a municipal corporation,
(hereinafter called "City") ani The Davidson Counanlr Tnr I
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a - Corporation' (hereinafter called "Subdivider") ,
RECITALS
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1.. Government Code Section 66452.6(e) and Cairlsbad 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, niodified 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.
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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 .
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4. Subdivider has requested City to approve the extensioin of
time for Tentative Subdivision Map No. CoT= t31-29
which was initially approved on SeDtember 8, 1951
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
has conbucted 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.
Deveioper agrees to pay said fees and has
8.
9. Since the initial approval of the Tentative Subdivision Map
b 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,
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
Subdivi5ion Map conditions requiring payment of the fees
mentioned above or conditions necessary to protect the
pilblic 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. 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 thq 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.
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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 13.
' of time for said tentative subdivision map and finds that
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granting the request subject to certain conditions will not
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be contrary to the public health, safety, and welfare.
NOW, THEFUZFORE, in consideration of the recitals and of the
mutual convenants set forth herein, City and Subdivider agree ab
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 N0.m -
Subdivider knowingly and voluntarily consents to the impositio
of a condition of approval of the extension of Tentative
Subdivision Map No. CT81-29which 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
to the following additional conditions:
2.
3.
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
with the General Plan and the project cannot proceed and
this approval shall be void.
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 subdivis
map for a minor subdivision, the appeal of the City Engineer'
approval, or conditional approval, of the extension by any pa
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
Ulltil a new tentative subdivision map has begn approved.
CITY OF CARLSBAD, a municipal ATTEST : corporation
ALETHA &PR+ L. RAUTENKRANZ,
City Clerk
BY *+d&/ 7
MAYOR (MMor Subdivisions)
CITY ENGINEER (Minor Sub-
d ivis ions ) .- -
SUBDIVIDER I
I! B
William Davidson -- THE DAVIDSON COMPANY
City Attorney
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(Notarial acknowledgement of executic
(Affix corporate seal if appropriate)
subdivider must be attached)
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personally known to me or proved to me on the basis
of satisfactory evidence to be the person who executed the within instrument as the
personally known to me or
proved to me on the basis of satisfactory evidence to be
the person who executed the within instrument as the
Secretary of he Corporation
that executed the within instrument and acknowledged to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolution of its board of directors.
WITNESS my hand and official seal.
Signature /?'io& dh a /bU
W -I & + j:
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RICK1 G-Ei:A C!.A\?ER KCT,@,RY PUBLIC: - CO,LiXR%!A
(This area for official notarial seal)