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Home My WebLink About1987-07-07; City Council; 7871-3; TENTATIVE MAP EXTENSION CARLSBAD TRACT NO. 83-30 |KELLY RANCH|. E I Q r c- 3 2 $ x .. z p C 2 2 zl 5 0 CI-OF CARLSBAD - AGENPBILL L ", I TITLE: DEBT. TENTATIVE MAP EXTENSION CARLSBAD TRACT NO. 83-30 CITY I CITY b AB# ?f7/ e -3 MTG. 7-07-87 DEBT. ENG (KELLY RANCH) RECOMMENDED ACTION: Adopt Resolution No. -?/ST approving a one year extension t time for Tentative Map Carlsbad Tract No. 83-30 (Kelly Ranch) ITEM EXPLANATION Carlsbad Tract 83-30 is a 20 lot subdivision located betwec the easterly edge of Agua Hediona Lagoon and El Camino Rea: The Applicant is requesting that the tentative map be extendc for one year until May 21, 1988. The tentative map was originally approved on September 18, 191 per Resolution No. 7750. Due to the imposition of the Grow Management Ordinance the map was tolled resulting in t expiration date of May 21, 1987. The Applicant has agreed to pay Public Facilities Fees with tl original application. Planning and Engineering staffs hay reviewed this project and recommend the Developer execute tl revised Public Facilities Fee Agreement as required by Counc Policy No. 17. The Subdivider has signed an agreement to wai7 a prohibition of new conditions. Staff Recommends revisions to conditions No. 4 and 11 and tl inclusion of additional conditions as shown on the resolutic of approval. These standard conditions relate to the updatc public facilities fee requirements, the growth manageme or fees are challenged. The applicant should be aware th compliance with the Growth Management Ordinance may require t density of the project to be reduced since the present densi exceeds the City's growth control points. This cannot ' determined until the Local Facilities Management Plan completed for Zone 8. ordinance, and the suspension of the approval if any conditil FISCAL IMPACT This subdivision is a master tentative map and includes provisions for construction of units at this time. Futu development of the individual lots necessitates processing tentative maps and/or specific development plans by the ci prior to issuances of building permits Traffic Impact Fee Bridge 61 Thoroughfare District Development Zone Phasing Program - Local Facilities Plan Density of this Project Growth Initiative Control Point Density Rewired N/A 8 Rewired N/A* N/A* 0 0 b AGREEMENT FOR WAIVER OF PROHIBITION AGAINST THE IHPOSITION OF CONDITIONS UPON THE APPROVAL OF AN EXTENSION OF A TENTATIVE SUBDIVISION HAP, This Agreement is made this 9th day of ADril ?I between the City of Carlsbad, a municipal corporation, (hereinaf called Yity") and Kel-Cal California Ltd. Partnership (hereinafter called "Subdivider"). RECITALS 1. Government Code Section 66452.6(e) and Carlsbad Municipal ( Sections 20.12.110 and 10.24.180 permit Subdividers to reqi and City to approve, conditionally approve or deny extension: time for the expiration of tentative maps or tentative pal maps (hereinafter collectively called "Tentative Subdivi Maps" ) . 2. El Patio V. Permanent Rent Control Board, 110 Cal. App. 3d modified 111 Cal. App. 3d 788 (1980) indicates that Goverment Code (Subdivision Map Act) may not authorize Cit impose new conditions; i.e., those which were not imposed or tentative subdivision map, upon the extension of time expiration of a tentative subdivision map, but also held that City does have discretion to approve or deny such extensions. 3. Government Code Section 66452.6(d) and Carlsbad Municipal 0 Sections 20.12.100(d) and 20.24.160 provide that expiration of tentative subdivision map shall terminate all proceedings i that no final map or parcel map for any property covered by t tentative subdivision map shall be filed without first process a new tentative subdivision map. 4. Subdivider has requested City to approve the extension of t for Tentative Subdivision Map No. CT 83-30 which was initia approved on September 18, 1984 5. Since the approval of said Tentative Subdivision Map, City conducted studies which show that the construction of cert drainage facilities or thoroughfares are essential to protect provide for the health, welfare, and safety of all of the pres and future residents of City, including those who will reside said subdivision. 6. Since the approval of said Tentative Subdivision Map, City adopted a major drainage fee or major thoroughfare fee or bott provide the funds to construct the necessary drainage facilii and thoroughfares. 7. Since the approval of the Tentative Subdivision Map, City conducted studies which show the need to establish a pu facilities fee in order to provide for public facilitie protect the public health, safety and welfare of the present future residents of City and to ensure that public facilitie serve the development will be available concurrent with nee required by City's General Plan. Developer agrees to pay fees and has executed a contract which is on file with the w 0 1- Clerk to that effect. 8. Because the original approval of said Tentative Subdivision occurred prior to the adoption of the aforementioned fees, C did not condition the approval of said Tentative Subdivision with the payment of said fees. 9. Since the initial approval of said Tentative Subdivision there may have been changed circumstances which reqL additional conditions of approval on the extension of Tentative Subdivision Map to protect the public health, saf and welfare, to mitigate affects on the environment or to en3 consistency of the extended map with the City's General Plan Municipal Code. IO. City arguably may not, without the voluntary consent Subdivider, impose upon the extension of said Tentat Subdivision Map conditions requiring payment of the mentioned above or conditions necessary to protect the pul health, safety or welfare, or the environment or en! consistency with the General Plan or Municipal Code. 11. Without such voluntary consent of Subdivider to the impositioi conditions City may be required to deny Subdivider's request extension to ensure that the public health, safety and welf or the environment are protected or that the General Pla Municipal Code requirements are satisfied. Approval of extension of said Tentative Subdivision Map without assura that the fees mentioned above would be paid for said subdivi would be contrary to the best interests of the City and h w a 3. threaten the City's ability to protect and provide for the pub health, safety and welfare. Subdivider agrees that it is in best interest of City and Subdivider that City be able to prot the public health, safety and welfare, or the environment ensure consistency with the General Plan or Municipal Code by imposition of conditions on the extension of tentat subdivision maps. 12, Subdivider realizes that denial of the requested extension cc result in the expiration of the tentative subdivision fl Subdivider would then be required to incur substantial costs time delays in processing a new tentative subdivision approval of which would be subject to new conditions necessar! ensure consistency of the tentative 'subidivison map with Subdivision Map Act, the California Environmental Quality q Titles 19, 20 and 21 of the Carlsbad Municipal Code, the Ci General Plan and to protect the public health, safety welfare. 13. City has reviewed the Subdivider's request for an extensio time for said tentative subdivision map and finds that gran the request subject to certain conditions will not be contrar the public health, safety and welfare. NOW, THEREFORE, in consideration of the recitals and of mutual covenants set forth herein, City and Subdivider agre follows: 1. City agrees to extend Subdivider's Tentative Subdivisior for one year subject to whatever new or revised conditions the Cit w m .. I- its sole discretion deems appropriate. 2. Subdivider knowingly and voluntarily waives any and rights to the unconditioned extension of Tentative Subdivision Map CT 83-30 3. Subdivider knowingly and voluntarily consents to imposition of a condition of approval of the extension of Tentat Subdivision Map No.CT 83-30 which requires payment of any fees wh may be in effect at the time of approval of the final subdivision for said subdivision or any portion thereof and to the follok additional conditions: a. This approval is expressly conditioned on the payment by applicant of a public facilities fee as required by ( Council Policy No. 17, issued and effective on April 1986, on file with the City Clerk and incorporated hereir reference, and according to the agreement executed by applicant for payment of said fee. If said fee is not I as promised, this application will not be consistent \ the General Plan and the project cannot proceed and i approval shall be void. b. This approval is expressly conditioned upon the subdivid compliance with any growth management system in effec the time the final map is filed. Subdivider shall also or agree to pay (as decided by the City Council) all identified by the City Council as necessary to pay for cost of providing facilities and improvements which imposed pursuant to the growth management system or CORPORATE ACKNOWLEDGMENT $i! personally known to me son behalf of the corporatic named, and acknowledged to me that the corporation executec WITNESS my hand and official seal. 7120 122 NATIONAL NOTARY ASSOCIATION 2301 2 Ventura Blvd PO Box4625 * Woodland b 1) 0 F'\ ,'* .- other applicable laws. 4. The provisions of Carlsbad Municipal Code Section 20.12. and 20.24.180, as appropriate, shall govern extension of the map wh is the subject of this agreement. 5. If this agreement is for an extension of a tentat subdivision map for a minor subdivision, the appeal of the C Engineer's approval, or conditional approval, of the extension by party shall void this agreement unless the agreement is subsequer approved by the City Council. 6. Any action by Subdivider to challenge the legality of t agreement or any failure by Subdivider to pay the fees and comply v any other conditions applicable to the extensi0.n shall void approval of such extension. The map shall not final and development shall not proceed until a new tentative subdivision has been approved. SUBDIVIDER KEL-CAL CITY OF CARLSEAD, a municip: By: KAUFMAN AND BROAD OF SOUTHERN corporation BY: , Vice President MAYOR (Major Subdivision: ACTING CITY ENGINEER (Mil Subdivisions) 1 I APPROVED AS TO FORM: ATTEST: VINCENT F. BIONDO, JR. ALETHA L. RAUTENKRANZ City Attorney City Clerk Notorial acknowledgement of execution by subdivider must be attach Affix corporate seal if appropriate. 06/86