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HomeMy WebLinkAbout1984-08-07; City Council; 7817; CT 82-04 TENTATIVE MAP BIRTCHER BUSINESS CENTER._ 1 e Q a. < z 0 6 .. E a =t 0 z 3 0 0 ClTWF CARLSBAD - AGENDmILL AB#-= TITLE: TENTATIUE MAP EXTENSION Dl CI MTG.- C DEPT. 8/ 7/84 CARLSBAD TRACT 82-4 (BIRTCHER BUSINESS CENTER) ENG RECOMMENDED ACTION: 6 approving a one-year extens for Tentative Map CT +?- 82- including PUD-38. Adopt Resol uti on No. ITEM EXPLANATION: Carlsbad Tract 82-4 is an 8-lot industrial subdivision 11 the south side of Palomar Airport Road, west of Palomar The Applicant is requesting that the tentative map be ex until August 25, 1985. The tentative map was originally approved on August 25, Resolution No. 1995. The Applicant agreed to pay Public Facilities Fees with reviewed this project and recommend the Developer ex e revised Public Facilities Fee Agreement as required by C Policy No. 17. The Subdivider has signed an agreement t prohibition of new conditions. FISCAL IMPACT: Additional public facilities required by this project wi offset by the payment of the Public Facilities Fee by th Developer. EXHIBITS : 1. Letter requesting extension, dated June 20, 1984. 2. Location Map 3. Resolution No.7L7t approving a one-year extension original application. Planning and Engineering staffs h for Tentative Map CT 82-4, including PUD-38. e 0 HENRY WORLEY ASSOCIATES CIVILENGINEERING 0 SURVEYING 0 PLANNING JUNE 20, JOB ON. CITY OF CARLSBAD ENGINEERING DEPARTMENT 1200 ELM AVE. CARLSBAD , CAL. 92008 GENTLEMEN: ON BEHALF OF MY CLIENT, BIRTCHER PACIFIC, I HEREBY REQUEST AN EXTENTIC THE TENTATIVE MAP AND PUD FOR BIRTCHER BUSINESS CENTER, PALOMAR OAKS I CT82-4/PUD-38 ORIGINALLY APPROVED ON AUGUST 25, 1982 BY PLANNING COMMI RESOLUTION NO. 1995. THE TIME EXTENSION WILL ALLOW TIME FOR FINAL DEVELOPMENT PLANS TO BE F AND FOR NECESSARY CONSTRUCTION FINANCING TO BE OBTAINED. THE REQUIRED FILING FEE OF $250.00 IS ATTACHED. SIN ERELY, HENRY kl** L. WORLEY, PRESID NT HENRY WORLEY ASSOCIATES, INC. g&CSflD JQ# %B@84 ',ly 01 cWU @@" L DEQao 7875 Convoy Court 17 Suite A-2 San Diego, California 921 11 0 (71 4) 1 2 3 4 5 6 7 a g 10 11 12 13 14 15 16 17 l8 1g,l 20 21 22 23 24 25 26 27 28 W RESOLUTION NO. 76 76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY 0 CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION 0 CERTAIN CONDITIONS. TIME FOR TENTATIVE MAP CT 82-4 SUBJECT TO WHEREAS, Section 66473.5 of the Subdivision Map Act that a tentative subdivision map may not be approved unl consistent with all applicable general and specific plar WHEREAS, the Planning Commission of the City of Car the 25th day of August, 1982, adopted Resolution No. 195 approving, with conditions, Tentative Map CT 82-4; and WHEREAS, Tentative Map CT 82-4 is now inconsistent General Plan of the City of Carlsbad because the City CI found that public facilities are inadequate; and WHEREAS, said Tentative Subdivision Map will expirc 25, 1984, and the Applicant has requested an extension which cannot be approved unless the subdivision can be into conformity with the General Plan; and WHEREAS, the addition of certain conditions of app the subdivision will allow it to be found to be in conf the General Plan and the Developer has requested the irr I 1 such conditions and agreed to comply with them; and //I /// /// /// /// 1 /// 1 1 2 3 4 5 f5 7 8 9 lo 11 12 I.3 l4 I-5 16 17 l8 19 20 21 22 23 24 25 26 27 28 e e WHEREAS, the approval of an extension of Tentative llap CT 82-4 subject to such conditions, in lieu of denial nap, will allow the project to go forward avoiding the un delay to the City and to the Developer involved with deni new application which would then be approved subject to t set of conditions; and WHEREAS, both the Developer and the City wish to ext nap subject to the additional condition: NOW, THEREFORE, BE IT RESOLVED by the City Council ( of Carlsbad, California, as follows: A. That the above recitations are true and correct: B. That Tentative Map CT 82-4, including PUD-38, ai /extended for one year from August 25, 1984, to August 25< subject to the execution and fulfillment of all the cond. Resolution No. 1995 and the following additional conditic (1) This approval is expressly conditioned on the I City Council Policy No. 17, dated February 24, effective April 2, 1982, on file with the City incorporated herein by reference, and accordin 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 void. C. That the Agreement for Waiver of Prohibition a imposition of conditions upon the approval of an extensi tentative subdivision map between Birtcher Pacific and t Carlsbad, dated July 20, 1984, on file in the Office of Clerk, is approved, and the Mayor is authorized to execu ,agreement on behalf of the City. /I/ the Applicant of a Public Facilities Fee as rei ! Ij i j 1 2 3 4 5 0 0 D. That this extension is approved in reliance upor agreement. Any legal challenge to or failure to perform agreement or the conditions of this resolution shall renc approval void and the map shall not be final. PASSED, APPROVED AND ADOPTED at a regular meeting of 19 20 21 22 23 24 25 26 27 28 I (SEAL) ' I <* 0 a 4 AGREEMENT FOR WAIVER OF PROflrBITION AGAINST THE IMPOSITION OF CONDITIONS UPON THE APPROVAL OF AN EXTENSION OF A TENTATIVE SUBDIVISION MAP & This Agr-ement is made this 26 day of .l,V between the City of Carlsbad, a municipal co oration, (hereinafter called "City" ) and B I RTCHER BUS I NESS CENTER-CORPORATE a CALIF. LIMITED 'PARTNERSHIP (hereinafter called "Subdivider") RECITALS b 1. Government Code Section 66452.6(e) and Carlsbad Municip; Code Sections 20.12.110 and 10.24.180 permit Subdividers request and City to approve, conditionally approve or dt extensions of time for the expiration of tentative maps tentative parcel maps (hereinafter collectively called "Tentative Subdivision Maps" ) . 2. El Patio v. PerIzanent Rent Control Board, 110 Cal. App. 915, modified 111 Cal. App 3d 788 (1980) indicates that Government Code (Subdivision Flap 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. e a 0 b 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 a property covered by the tentative subdivision map shall b filed without first processing a new tentative subdivisic map . Subdivider has requested City to approve the extensioin c time for Tentative Subdivision Map No. CT~Z-~/PUD-~~ which was initially approved on AUGUST 25, 1982 4. b 5. Since the approval of said Tentative Subdivision Map, Ci' has conducted studies which show that the .construction o certain drainage facilities or thoroughfares are essenti, to protect and provide for the health, welfare, and'safe 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, Ci has adopted a major drainage fee or major thoroughfare f or both $0 provide the funds to construct the necessary drainage facilities and thoroughfares. Since the approval of the Tentative Subdivision Map, Cit has conducted studies which show the need to establish i public facilities fee in order to provide for public facilities to protect the public health, safety and we1 of the present and future residents of City and to ensu 7. 2. 0 3 .. 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 that effect. 8, Because the original approval Of said Tentative Subdivis Map occurred prior to the adoption of the aforementioned fees, City did not condition the approval of said Tentat Subdivision Map with the payment of said fees. 9. Since the initial approval of the Tentative Subdivision there may have been changed circumstances which require additional conditions of approval on the extension of tk Tentative Subdivision Nap to protect the public health, safety, and welfare, to mitigate affects on the environn or to ensure consistency of the extended map with the Ci general plan and Municipal Code. b 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 fee! 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 Cc 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 ar 11. 3. 0 m .. 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 healt safety and welfare, or the environment or ensure consist with the general plan or Municipal Code by the impositio of conditions on the extension of tentative subdivision maps . b 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 M Act, the California Environmental Quality Act, Titles 1 20 and 21 of the Carlsbad Municipal Code, the City's General Plan and to protect the public health, safety a we1 f are . City has reviewed the Subdivider's request for an exter * of time for said tentative subdivision map and finds th granting the request subject to certain conditions will 13. 4. n *. '* e e be contrary to the public health, safety, and welfare. NOW, THEREFORE, in consideration of the recitals and of tk mutual canvenants set forth herein, City and Subdivider agree i follows: 1. City agrees to extend Subdivider's Tentative Subdivision I for one year subject to whatever new or revised condition! City in its sole discretion deems appropriate. 2. Subdivider knowingly and voluntarily waives any and all r the unconditioned extension of Tentative Subdivision Map 3. Subdivider knowingly and voluntarily consents to the imp0 of a condition of approval of the extension of Tentative Subdivision Map No. CT82-4 which requires payment of any which may be in effect at the time of approval of the fir subdivision map for said subdivision or any portion there to the follwing additional conditions: This approval is expressly conditioned on the paymeni the applicant of a public facilities fee as required City Council Policy No. 17, issued 2/24/82 and effec 4/2/82, on file with the City Clerk and incorporated by reference, and according to the agreement execute the applicant for payment of said fee. If said fee paid as promised, this application will not be consi with the General Plan and the project cannot proceed this approva2 shall be void. a 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 sub map for a minor subdivision, the appeal of the City Engi approval, or conditional approval, of the extension by i shall void this agreement unless 5. 5. 0 e: * . * ; .. . ~. i the agreement is subsequently approved by the City Counc Any action by Subdivider to challenge the legality of tl agreement or any failure by Subdivider to pay the fees t comply with any other conditions applicable to the extension shall void the approval of such extension. T’ map shall not final and the development shall not procc until a new tentative subdivision map has begn approved 6. CITY OF CARLSBAD, a munici ATTEST : corporation b BY ALETHA L. RAUTENKRAN Z , City Clerk MAYOR (Major Subdivision CITY ENGINEER (Minor Sut divisions ) APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney . BY DANIEL S. HENTSCHKE, Assistant City Attorney (cotaria1 acknowledgement of ex subdivider must be attached) (Affix corporate seal if approp 6. STATE OF CALIFORNe ) * 1 COUNTY OF ORANGE 1 , 1984, bef me, the On this undersigned, 020 day a of No +$k$kT- in and for the Sta personally appeared Robert Camfibell , personally known to (or proved to me on the basis of satisfactory evidence) to the person who executed the within instrument and a gene partner of Campbell - Palomar 11, a California gene partnership, which partnership is personally known to me proved to me on the basis of satisfactory evidence) to bi general partner of Birtcher Business Center - Corporate Palc Phase 11, a California limited partnership, the partners that executed the within instrument and acknowledged to me t he executed the same on behalf of Campbell - Palomar 11, t said general partnership executed the within instrument behalf of Birtcher Business Center - Corporate Palomar PI- 11, and that Birtcher Business Center -Corporate Palomar Pk I1 executed the same. day of - k itness my hand and official seal this Ao I Q&&/ A '- - NOTARY PUBLIC +I 1984' (SEAL) >