HomeMy WebLinkAbout1984-06-12; City Council; 6790-4; Tentative Map Extension- Tamarack HighlandsCIT^DF CARLSBAD — AGEND^filLL
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TITLE- TENTATIVE MAP EXTENSION
' CARLSBAD TRACT 81-13
(TAMARACK HIGHLANDS)
DEPT. HD.iK
CITY ATTYV^Q
CITY MGR*3?4L
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RECOMMENDED ACTION:
76,29Adopt Resolution No.
for Tentative Map CT 81-13,
ITEM EXPLANATION:
approving a one-year extension of time
"including PUD 25.
Carlsbad Tract 81-13 is a 3-unit planned unit developement
located immediately east of Skyline Drive north of Tamarack
Avenue (extended). The Applicant is requesting that the tentative
map be extended until June 15, 1985.
The tentative map was originally approved on December 15, 1981, per
Resolution No. 6790-2. A one-year extension of time was granted on
June 15, 1983, per Resolution No. 7298.
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 the
revised Public Facilities Fee Agreement as required by Council
Policy No. 17. The Subdivider has signed an agreement to waive a
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 May 29, 1984.
2. Location Map
3. Resolution No • ^76,29 approving a one-year extension of time
for Tentative Map CT 81-13, including PUD 25.
o Garfebad
5200 EL CAMINO REAL . CARLSBAD, CALIFORNIA 92006-3688 .(618)438-0333
May 29, 1984
"Mr, Ron Beckman
City Engineer
City of Carlsbad
1200 Elm Street
Carlsbad, Calif. 92008
Re: Tentative Tract CT 81-13
Dear Ron:
My final map for tentative tract CT 81-13 is currently awaiting
review by City Staff. Due to City backlog, it is estimated that the
first map check will be completed sometime in late June.
Since my tentative subdivision map for a minor subdivision expires
on June 15, 1984, a one year extension is hereby requested.
A new Public facilities fee agreement is not required since the one
already on file with the City is current.
Your cooperation in this matter will be greatly appreciated. If you
have any questions, please feel free to call me.
Sincerely,
Ronald S. Schwab
RSS/da
Attachments
1. Notorized waiver of prohibition agreement
2. Current title report
3. $225.00 map extension fee
LOCATION MAP
CITY MAP BOOK PAGE
PROJECT NAME
TAMARACK HIGHLANDS
PROJ.
NO.
Cra/-t3
EXHIBIT
3
RESOLUTION NO. 7629
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
2 CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF
TIME FOR TENTATIVE MAP 81-13 SUBJECT TO
3 CERTAIN CONDITIONS.
4 WHEREAS, Section 66473.5 of the Subdivision Map Act provides
5 that a tentative subdivision map may not be approved unless it is
6 consistent with all applicable general and specific plans; and
7 WHEREAS, the City Council of the City of Carlsbad on the 15th
8 day of December, 1981, adopted Resolution No. 6790-2 approving,
9 with conditions, Tentative Map CT 81-13 and PUD 25; and
10 WHEREAS, the City Council of the City of Carlsbad on the 15th
11 day of June, 1983, adopted Resolution No. 7298 extending Tentative
12 Map CT 81-13 for a period of one year to June 15, 1984; and
13 WHEREAS, Tentative Map CT 81-13 is now inconsistent with the
14 General Plan of the City of Carlsbad because the City Council has
15 found that public facilities are inadequate; and
16 WHEREAS, said Tentative Subdivision Map will expire on June
17 15, 1984, and the Applicant has requested an extension of time
18 which cannot be approved unless the subdivision can be brought
19 into conformity with the General Plan; and
20 WHEREAS, the addition of certain conditions of approval to
21 the subdivision will allow it to be found to be in conformity with
22 the General Plan and the Developer has requested the imposition of
23 such conditions and agreed to comply with them; and
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WHEREAS, the approval of an extension of Tentative
2 Map CT 81-13 subject to such conditions, in lieu of denial of the
3 map, will allow the project to go forward avoiding the unnecessary
4 delay to the City and to the Developer involved with denial and
5 the new application which would then be approved subject to the
6 same set of conditions; and
7 WHEREAS, both the Developer and the City wish to extend the
8 map subject to the additional condition;
9 NOW, THEREFORE, BE IT RESOLVED by the City Council of the
10 City of Carlsbad, California, as follows:
11 A. That the above recitations are true and correct;
12 B. That Tentative Map 81-13, including PUD 25 are hereby
13 extended for one year from June 15, 1984, to June 15, 1985,
14
subject to the execution and fulfillment of all the conditions of
15 Resolution No. 6790-2 and the following additional
16 condition :
17 (1) This approval is expressly conditioned on the payment by
the Applicant of a Public Facilities Fee as required by
City Council Policy No. 17, dated February 24, 1982, and
effective April 2, 1982, on file with the City Clerk and
incorporated herein 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.
C. That the agreement for waiver of prohibition against the
imposition of conditions upon the approval of an extension of a
tentative subdivision map, dated hereto is approved, and the Mayor
is authorized to execute such agreement on behalf of the City.
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D. That this extension is approved in reliance upon said
agreement. Any legal challenge to or failure to perform said
agreement or the conditions of this resolution shall render this
approval void and the map shall not be final.
adjourned
PASSED, APPROVED AND ADOPTED at a/ regular meeting of the City
Council of the City of Carlsbad, California, held on the
12th day of June , 1984, by the following vote, to
wit:
AYES:
NOES:
ABSENT: None
Council Members Casler, Lewis, Kulchin, Chick and
Prescott
None
MAHY H*/ CASLER, Mayor
ATTEST:
ALETHA L. RAUTENKR)
(SEAL)
(L -V^fl7r»/*/^-j^vvS
ANZ7 City Cler/c
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 23 day of May
1983 between the City of Carlsbad, a municipal corporation,/1' ~' ~ - ~ ~~ /
(hereinafter called "City") ano Mr. Ronald Schwab t
an individual (hereinafter called "Subdivider"). •
RECITALS
\
1. Government Code Section 66452.6(e) and Carlsbad Municipal
s
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.Bd
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
subdivision map, but also held that the City does have
discretion to approve or deny such extensions.
3. Government Code Section 66452.6(d) and Carlsbad Municipal
Code Sections 20.l2.100(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. c.T. 81-13/PUD-25
which was initially approved on December 15, 1981 .
*
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 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.
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 welfare
of the present and future residents of City and to ensure
2.
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
t
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's
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 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,
7
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 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
h
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 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.
13. 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
4.
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.
2. Subdivider knowingly and voluntarily waives any and all rights to
the unconditioned extension of Tentative Subdivision Map No. 81-13
3. Subdivider knowingly and voluntarily consents to the imposition
of a condition of approval of the extension of Tentative
Subdivision Map No. 81-13 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 and
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 herein
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.
m .
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.
5. If this agreement is for an extension of a tentative subdivision
map for a minor subdivision, the appeal of the City Engineer's
approval, or conditional approval, of the extension by any party
shall void this agreement unless
5.
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 been approved.
ATTEST:
ALETHA L. RAUTEN1
City Clerk
NZ,
CITY OF CARLSBAD, a municipal
corporation
.(—•4f^'Z^\_i2^\__^
MAYOR (Mapor Subdivisions)
CITY ENGINEER (Minor Sub-
divisions)
SUBDIVIDER
RONALD S. SCHWAB
Owner
APPROVED AS TO FORM:
JCENT /F. BIQ53OO, j^X., City Attorney
''W/TX.4TJ, Assistant
City Attorney
(Notarial acknowledgement of execution by
subdivider must be attached)
(Affix corporate seal if appropriate)
6.
C
t
CAT. NO. NN00627
TO 1944 CA (7-82)
(Individual)
STATE OF CALIFORNIA
COUNTY OF San Diego
TITLE INSURANCE
ANDTRUST
ATKOR COMPANY
ss.
On Mav 23. 1983
said State, personally appeared Ronald Schwab
before me, the undersigned, a Notary Public in and for
u
\
\
___________________ , personally known to me or
proved to me on the basis of satisfactory evidence to be
the person whose name __________ subscribed to the
within instrument and acknowledged that he exe-
cuted the same.
WITNESS my hand and official seal.
Signature
OFFTCTM. SEAL
RICKI GEM CLAVIER
NOTARY PUBLIC - CALIFORNIA |(
SAN DIEGO COUNTY
My comm. expires SIP ?.S, !086
(This area for official notarial seal)
!