HomeMy WebLinkAbout1984-05-01; City Council; 6995-2; Tentative Map Extension- Sheffler..
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DEPT. k AB# b??dR-*2- TITLE:
MTG. 5/1/84 (SHEFFLER) CITY A1
DEPT. ENG CITY MI
CI~F CARLSBAD - AGEND~ILL
TENTATIVE MAP EXTENSION
CARLSBAD TRACT 81-19
RECOMMENDED ACTION:
approving a one-year extension o -3P-- Adopt Resolution No. for Tentative Map CT 8 9, including CP-199.
ITEM EXPLANATION:
Carlsbad Tract 81-19 is a 50-unit subdivision located on the northwest corner of El Camino Real and Chestnut Avenue. The
Applicant is requesting that the tentative map be extended un May 18, 1985.
The tentative map was originally approved on May 18, 1982, PC
Resolution No. 6878.
The Applicant agreed to pay Public Facilities Fees with the original application. Planning and Engineering staffs have
reviewed this project and recommend the Developer to execute
revised Public Facilities Fee Agreement as required by Counci
Policy No. 17. The Subdivider has signed an agreement to wai 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 March 23, 1984.
2. Location Map
3. Resolution No. 75-~a, approving a one-year extension of t for Tentative Map CT 81-19, including CP-199,
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RlCK ENGINEERING COMPANY 'A%'"o""C';;';LcK%~K
3088 PI0 PIC0 DR. SUITE 202 CARLSBAD, CA 92008
P.O. BOX 1129 PHONE AREA CODE619 729-4987
March 23, 1984
City of Carlsbad
ENGINEERING DEPARTMENT DEVELOPMENT SECTION
1200 Elm Avenue Carlsbad, California 92008
RE: MAR Y MONTANAS, TENTATIVE MAP EXTENSION (C.T.81-19)
Dear Staff:
On behalf of our client, Sheffler Brothers, I would like to request a one year extension of time on the above tentative map.
I have enclosed the following items necessary to process this
request for extension.
1.
2.
If you need any additional information, or have any questions, please call. Thank you.
Sincerely,
This map is due to expire on May 18, 1984.
Check in the amount of $382.50 processing fee (51 lots)
Executed Public Facilities Agreement and Waiver of
Conditions.
Me* Robert C. Ladwig
RCL:rc
Enclosures
e e
PROJECT NAME
CARLS0AD 7RACT 81-19 -
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RESOLUTION NO. 7582
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF
CERTAIN CONDITIONS. TIME FOR TENTATIVE MAP CT 81-19 SUBJECT TO
WHEREAS, Section 66473.5 of the Subdivision Map Act pro
that a tentative subdivision map may not be approved unless
consistent with all applicable general and specific plans; a
WHEREAS, the City Council of the City of Carlsbad on th
day of May, 1982, adopted Resolution No. 6876 approving, wit
conditions, Tentative Map CT 81-19, including CP-199; and
WHEREAS, Tentative Map CT 81-19 is now inconsistent wit
General Plan of the City of Carlsbad because the City Counci
found that public facilities are inadequate; and
WHEREAS, said Tentative Subdivision Map will expire on
May 18, 1984, the Applicant has requested an extension of ti
which cannot be approved unless the subdivision can be brou!
into conformity with the General Plan; and
WHEREAS, the addition of certain conditions of approva'
the subdivision will allow it to be found to be in conformil
the General Plan and the Developer has requested the imposil
such conditions and agreed to comply with them; and
WHEREAS, the approval of an extension of Tentative
Map CT 81-19, subject to such conditions, in lieu of denial
map, will allow the project to go forward avoiding the unne
delay to the City and to 'the Developer involved with denial
the new application which would then be approved subject to
same set of conditions; and
WHEREAS, both the Developer and the City wish to exten
map subject to the additional condition;
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NOW, THEREFORE, BE IT RESOLVED by the City Council of t
City of Carlsbad, California, as follows:
A. That the above recitati0n.s are true and correct;
B. That Tentative Map CT 81-19, including CP-199, are
extended for one year from May 18, 1984, to May 18, 1985, su
to the execution and-fulfillment of all the conditions of
Resolution No. 6876 and the following additional condition:
(1) This approval is expressly conditioned on the payrr the Applicant of a Public Facilities Fee as requir City Council Policy No. 17, dated February 24, 19f effective April 2, 1982, on file with the City Clt incorporated herein by reference, and according tc
agreement executed by the Applicant for payment oi fee. If said fee is not paid as promised, this application will not be consistent with the Gener, and the project cannot proceed and this approval 1 be void.
C. That the agreement for waiver of prohibition agair
imposition of conditions upon the approval of an extension 1
tentative subdivision map dated hereto is approved, and the
is authorized to execute such agreement on behalf of the Ci
0. That this extension is approved in reliance upon s
Any legal challenge to or failure to perform sa
agreement or the conditions of this resolution shall render
approval void and the map shall not be final.
/I/
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/agreement.
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PASSED, APPROVED AND ADOPTED at a regular meeting of t
City Council of the City of Carlsbad, California, held on th
1st day of my , 1984, by the following vo
wit:
AY E S :
NOES: None
Council mrs Casler, Iewis, Chick and Prescott
ABSENT; Council Menkr Kulchin LL d: L?
ATTEST :
ALETHA L. RAUTENKRANZ, City CJerk
(SEAL)
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AGKEEMENT FOR WAIVER OF PROHIBITION AGAINST THE IMPOSITION OF CONDITIONS
UPON THE APPROVAL OF AN EXTENSION OF
A TENTATIVE SUBDIVISION MAP
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I This Agreement is made this 23rd day of March
1984 - between the City of Carlsbad, a municipal corporation,
(hereinafter called "City") anZ Sheffler Brothers I
a - (hereinafter called "Subdivider") ,
RECITALS
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1 , -' Government Code Section 66452.6(e) and Carlsbad .. Municipal
Code Sections 20.12.17 0 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 Flap Act) may not authorize Citi
to impose new conditions; i.e., those which were not
imposed on the tentative subdivis'ion map, upon the
extension of the time for expiration of a tentative
subdivision mapI 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 Sect ions 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 covere’d 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
time for Tentative Subdivision Map No, C.T. 81-19
which was initially approved on May 4, 1982 .
Since the approval of said Tentative Subdivision Map, City
has conducted studies which show that the -construct;on 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 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.
Since the initial approval of the Tentative Subdivision Map
there may have been changed clrcurnstances 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.
City arguably may not, without the voluntary consent of
Subdivider, impose upon.the extension of said Tentative
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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.
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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pro’tected 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
with the aeneral 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
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
fallaws t
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
the unconditioned extension of Tentative Subdivision Map No. - 8
Subdivider knowingly and voluntarily consents to the impositic
of a condition of approval of the extension of Tentative
Subdivision Map No. 81-19 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 ai
to the following additional conditions:
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 here.
by reference, and according to the agreement executed by
., . the applicant for payment of said fee. If said fee is no
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 €or 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.
Any action by Subdivider to challenge the legality of this
. agreement Or any failure by Subdivider to pay the fees and
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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.
CITY OF CARLSBAD, a municipal ATTEST t corporation
-Byvk?Lf d, n , , -
MAYOR (Ma X Subdivislons)
divisions) .- -
City Clerk CITY ENGII EER (Minor Sub b
SUBDIVIDER
BY 7- L-L.
-3 George J. Sheffl r .-
ity Attorney
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b City Attorney
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(Notarial acknowledgement of executic
subdivider must be attached)
(Affix corporate seal if appropriate,
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___I___ppP-- -- ---1____1__--
, in the y
Iss ;' STATE OF CALIFORNIA
SAN DIEGO i
' COUNTY OF
dj ii 'i On this L day of M?rch t Y'
, personally
(or proved to me on the basis of satisfactory evidence) to be the person- wI
subscribed to the within instrument, and acknowledged to mf
executed it
WITNESS my hand and official seal
Notary Public in and for said State