Loading...
HomeMy WebLinkAbout1984-05-01; City Council; 6995-2; Tentative Map Extension- Sheffler.. m * n 5 2 2 G a d 0 2 3 0 0 0 CL a .. 2 a-7 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, -. 0 0 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 - 2 -4i . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 * RESOLUTION NO. 7582 0 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; * 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 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/ /// /I/ //I /// /// /I/ /agreement. . 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 3.8 19 20 21 22 23 24 25 26 27 28 e 0 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) ! .e 0 . - AGKEEMENT FOR WAIVER OF PROHIBITION AGAINST THE IMPOSITION OF CONDITIONS UPON THE APPROVAL OF AN EXTENSION OF A TENTATIVE SUBDIVISION MAP 0 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 b 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. c . 0 0 1. *I 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 2. 4. b 5, 6. c -7. __ 0 e I. I*. 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 9. b .- 10. 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 11. 3. .. __ ~__ A --0 e .” 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. b 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 4, 0 .. ’* ., I” 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 5. 5. * * 0 "1 *A ' .* . - 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 6. 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 -1 b City Attorney ! (Notarial acknowledgement of executic subdivider must be attached) (Affix corporate seal if appropriate, 9 6. t 1 i .. . - - - ___ - - - -__ ~- --_ ___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