HomeMy WebLinkAbout1984-08-07; City Council; 7125-2; TENTATIVE MAP EXTENSION CT 82-12 CARLSBAD HIGHLANDAB# 7 /‘?A7 -eq TITLE: TENTATIVE MAP EXTENSION
CARLSBAD TRACT 82-12 (CARLSBAD HIGHLAND) MTG.$/ 7/84
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RECOMMENDED ACTION:
Adopt Resolution No. 6 5 approving a one-year extensir:
for Tentative Map CT -including 82- PUD-42.
ITEM EXPLANATION:
Carlsbad Tract CT 82-12 is a 893-unit subdivision located
Lake Calavera and one mile east of El Camino Real. The Ai
is requesting that the tentative map be extended until Sei
1985.
The tentative map was originally approved on September 7,
Resolution No. 6994.
The Applicant agreed to pay Public Facilities Fees with tl
original application. Planning and Engineering staffs ha\ reviewed this project and recommend the Developer execi
revised Public Facilities Fee Agreement as required by Coi
Policy No. 17. The Subdivider has signed an agreement to
prohibition of new conditions.
FISCAL IMPACT:
Additional public facilities required by this project wil
offset by the payment of the Public Facilities Fee by the
Developer.
EXHIBITS:
1. Letter requesting extension, dated June 16, 1984.
2. Location Map
3. Resolution No.76 5 approving a one-year extension
for Tentative -4G Map T 82-12, including PUD-42.
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BARNES CORP ORAT I ON 343 THIRD STREET SUITE #3 LAGUNA BEACH, CALIFORNIA 92651
June 16, 1984 Re: Carlsbad Highlands Extension of Tentat
Map No. CT82-12/PUI
Ron Beckman, City Engineer City of Carlsbad 1200 Elm Avenue
Carlsbad, California 92008
Dear Mr. Beckman:
The subject Tentative Map CT82-12/PUD42 expires July 28, 1984. We are requesting a one-year extension.
The reason for the required extension of this Tentative Map is
to complete the College-Cannon Assessment District, enabling access, sewer, water, storm drains, etc., to this project and
others -
We wish to thank you and your staff for all your help and direction in the past.
flmurs,
I."illiam A. Barnes Barnes Corporation
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c\ly OF cwOAD IN5l47
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LOCATION MAP
CITY MAP BOOK PAGE I
PROJECT NAME PROJ, NO.
CARLSBAD MGHLANQ a8Z-1: b
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RESOLUTION NO. 7675
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF
CERTAIN CONDITIONS.
TIME FOR TENTATIVE MAP CT 82-12 SUBJECT TO
WHEREAS, Sect'ion 66473.5 of the Subdivision Map Act p
that a tentative subdivision map may not be approved unles
consistent with all applicable general and specific plans;
WHEREAS, the City Council of the City of Carlsbad on
jay of September, 1982, adopted Resolution No. 6994 approv
conditions, Tentative Map CT 82-12; and
WHEREAS, Tentative Map CT 82-12 is now inconsistent ~ri
;enera1 Plan of the City of Carlsbad because the City Coun
ound that public facilities are inadequate; and
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WHEREAS, said Tentative Subdivision Map will expire o
Geptember 7, 1984, and the Applicant has requested an exte
time which cannot be approved unless the subdivision can t
into conformity with the General Plan; and
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WHEREAS, the addition of certain conditions of appro\
subdivision will allow it to be found to be in conformity
eneral Plan and the Developer has requested the impositic
onditions and agreed to comply with them; and
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WHEREAS, the approval of an extension of Tentative
Map CT 82-12 subject to such conditions, in lieu of denia
map, will allow the project to go forward avoiding the un
delay to the City and to the Developer involved with deni
the new application which would then be approved subject
same set of conditions; and
WHEREAS, both the Developer and the City wish to ext
map subject to the additional condition;
NOW, THEREFORE, BE IT RESOLVED by the City Council (
City of Carlsbad, California, as follows:
A. That the above recitations are true and correct:
B. That Tentative Map CT 82-12, including PUD-42, l
extended for one year from September 7, 1984, to Septembt
1985, subject to the execution and fulfillment of all thf
conditions of Resolution No. 6994 and the following addil
condition:
(1) This approval is expressly conditioned on the I the Applicant of a Public Facilities Fee as rec
City Council Policy No. 17, dated February 24,
effective April 2, 1982, on file with the City
incorporated herein by reference, and accordin
1 agreement executed by the Applicant for paymen
fee. If said fee is not paid as promised, thi
application will not be consistent with the Ge
and the project cannot proceed and this approv
~ be void.
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C. That the Agreement for Waiver of Prohibition a
imposition of conditions upon the approval of an extensi
tentative subdivision map between Barnes Corporation and
of Carlsbad, dated July 6, 1984, attached hereto, is ap
and the Mayor is authorized to execute such agreement on I the City.
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D. That this extension is approved in reliance up0
agreement. Any legal challenge to or failure to perform
agreement or the conditions of this resolution shall ren
approval void and the map shall not be final.
PASSED, APPROVED AND ADOPTED at a regular meeting o
Council of the City of Carlsbad, California, held on the
7th day of August , 1984, by the followin
wit:
AYES : Council Mmbers Casler f Lewis f Kulchin, Chick and Prc
NOES! None
ABSENT: None
' yL J2LZ
ER, Mayor
ATTEST:
i 1ii~~RAd ENK f~~&k AN , ity e
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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 Agr-ement is made this L
(hereinafter called ''City") and ~L~~.&~ hla_.k-R J .45aj
day of ,-,-+
-/ 1 9- +'' between the City of Carlsbad, a municipal corporation,
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a (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
request and City to approve, conditionally approve or der
extensions of time for the expiration of tentative maps c
tentative parcel maps (hereinafter collectively called
"Tentative Subdivision Maps") .
2. El Patio v. Permanent Rent Control Board, 110 Cal. App.3c
915, modified 111 Cal. App 3d 788 (1980) indicates that
Government Code (Subdivision Map Act) may not authorize
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 an:
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. ~~~~--/~ ,z&
which was initially approved on TO& w ** /%?a 4
b / 5. Since the approval of said Tentative Subdivision Map, Cit]
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'safet:
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, CitT
has adopted a major drainage fee or major thoroughfare fe
or both to provide the funds to construct the necessary
drainage facilities and thoroughfares.
Since the approval of the Tentative Subdivision Map, City 7.
has conducted studies which show the need to establish a
public facilities Pee in order to provide for public
facilities to protect the public health, safety and welfs
of the present and future residents of City and to ensurf
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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 t
that effect.
8. Because the original approval of said Tentative Subdivisic
Map occurred prior to the adoption of the aforementioned
fees, City did not condition the approval of said Tentatii
Subdivision Map with the payment of said fees.
9. Since the initial approval of the Tentative Subdivision M
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 environme
or to ensure consistency of the extended map with the Cit
general plan and Municipal Code.
10. City arguably may not, without the voluntary consent of
Subdivider, impose upon the extension of said Tentative
Subdivigion 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 Coc
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
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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 th
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 healtl
safety and welfare, or the environment or ensure consist(
with the general plan or Municipal Code by the impositior
of conditions on the extension of tentative subdivision
maps .
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12. Subdivider realizes that denial of the requested extensi
could result in the expiration of the tentative subdivis
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 consistenc
of the tentative subdivision map with the Subdivision Mi
Act, the California Environmental Quality Act, Titles 15
20 and 21 of the Carlsbad Municipal Code, the City's
General Plan and to protect the public health, safety ai
welfare.
City has reviewed the Subdivider's request for an exten
of time far said tentative subdivision map and finds th
granting the request subject to certain conditions will
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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 Ma
for one year subject to whatever new or revised conditions
City in its sole discretion deems appropriate.
Subdivider knowingly and voluntarily waives any and all ri!
the unconditioned extension of Tentative Subdivision Map Nf
3. Subdivider knowingly and voluntarily consents to the impos
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of a condition of approval of the extension of Tentative
Subdivision Map No.?& +Z which requires payment of any f
which may be in effect at the time of approval of the fina
subdivision map for said subdivision or any portion therea
to the follcwing additional conditions:
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This approval is expressly conditioned on the payment
the applicant of a public facilities fee as required 1
City Council Policy No. 17, issued 2/24/82 and effect;
4/2/82, on file with the City Clerk and incorporated 1
by reference, and according to the agreement executed
the applicant for payment of said fee. If said fee i:
paid as promised, this application will not be co.rlsis1
with the General Plan and the project cannot proceed '
this approval shall be void.
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4. The provisions of Carlsbad Municipal Code Sections 20.12.
and 20.24.180, as appropriate, . shall govern extension of
map which is the subject of this agreement.
If this agreement is for an extension of a tentative subd
map for a minor subdivision, the appeal of the City Engin
approval, or conditional approval, of the extension by ar:
shall void this agreement unless
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the agreement is subsequently approved by the City Counci
Any action by Subdivider to challenge the legality of thi
agreement or any failure by Subdivider to pay the fees an
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 proceec
ulltil a new tentative subdivision map has beGn approved.
6.
CITY OF CARLSBAD, a municipi
ATTEST : corporation
b BY
ALETHA L. RAUTENKRANZ, MAYOR (Major Subdivisions
CITY ENGINEER (Minor Sub-
divisions) City Clerk
' SUBDIVIDER
--nnfiv,mn hp mr\ pn~p.q.
!SS %!#ADIM;O STATE OF CALIF
On ~ ,TITS' 19; 1984
Ii COUNNOF
0 before me, the undersigned a Notary Public in and for
2 said State, personally appeared JAQ< v. BARNES, AND m A. BARNES -
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of exec __ < -
Personally known to me (or proved to me on :-e basis of satis-
factory evidence) to be the person(s) whose na-ie(sj ts/are sub-
scribed to the within instrument and acknowlrgged to me that
he/she/they executed the same
WITNESS my hand and official seal
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(This area for official notarial seal) /!I I&C < * 0 '!
Signature hr~p A
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