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HomeMy WebLinkAbout1987-07-07; City Council; 8927-1; TOLLING REQUEST CT 82-12 PUD 42 CARLSBAD HIGHLANDSa w > 0 C3.z a, e, 4: mi Z 0 a 6 5 z 3 0 0 ClTipF CARLSBAD - AGENDWILL DEP AB# y9d7-*1' TITLE: MTG. 7/7/87 CARLSBAD TRACT NO. 82-12, PUD 42 CIT' TOLLING REQUEST DEPT. ENCR (CARLSBAD HIGHLANDS) CIV' RECOMMENDED ACTION: Grant request to toll Carlsbad Tract No. 82-12, Carlsbad Highlanc agreement with developer to hold City harmless and waive litigatic to February 17, 1988 and adopt Resolution No. 7/93 , approvir ITEM EXPLANATION The Alex Land Corporation, developer of Carlsbad Tract No. 82-1 has requested a time extension to allow for redesign of the sub- division in compliance with Condition No. 13 established at the tir of their last formal extension of this map. Council will recall, Condition No. 13 required the developer to "comply with the recommendations of the Citizens' General Plan Land Use Element Review Committee as adopted and approved by the City Council.. . .'I On March 24, 1987, the applicant requested relief of this conditio and was denied by the Council. The current request maintains t the applicant could not comply with the provision of Condition No until the applicable ordinances were adopted. ordinances was the Hillside Ordinance adopted February 17, 1987. Staff concurs with the position of the developer and would recomr that the map be tolled from the date of extension to February 17, This results in an extended expiration date of the map to Februai 1988. The developer has signed an agreement recognizing their ( gation to comply with Condition No. 13, holding the City harmles: any expenses incurred in order to comply and waiving any rights litigate. A copy of the agreement and a Council Resolution apprc the agreement are attached. Council should be aware that redesign may involve substantial ch to the character of the subdivision. These changes will be revie by the City Engineer and Planning Director but would not receivc Public Hearing. To ensure that the project is in substantial coni with the character of the original project, the Planning Commissic be given review of the project prior to finalization. The last of these FISCAL IMPACT None. EXHIBITS 1. Location Map. 2. Letter, 4/30/87, requesting tolling from Alex Land Corporatic 3. City Council Resolution No. ,g/pS'and agreement holding the City harmless and waiving litigation. LOCATION MAP r \ PRO NO CIVpL5BAD HIGHLAW Cr8i \i PIOJECT MANE * 0 e Alex Land Corporation April 30, 1987 City of Carlsbad City Council of Carlsbad Re: Carlsbad Highlands TM 82-12 PUD. 42 TO THE HONORABLE MEMBERS OF THE CARLSBAD CITY COUNCIL Carlsbad Highlands Investors,Ltd. respectively request extension of time equal to the period from December 3, 1985 the date of enactment of the ordinances which must be met order to satisfy Condition 13 as interpreted by and provided in Marty Orenyak's letter of February 24, 1987, as it is 1 belief that the time to complete the map tolled during the t required by the City of Carlsbad to enact the ordinancc Conforming to these ordinances will require substantial chant in our map and therefore the need for this additional time. is my sincere belief that we have strong support from staff favor of our request. We thank you for your time and consideration of our request. Very truly yoursI /&.- Alexander W. Tucker, General Partner CARLSBAD HIGHLANDS INVESTORS,LTD. cc: Mr. Marty Orenyak HAND DELIVERED 5785 Oberlin Drive, Suite 202 San Diego, California 92121 (619) 587-2771 .. I 1 2 3 4 0 0 RESOLUTION NO. 9143 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE BUIE CORPORATION RELATING TO EXPIRATION OF CT 82-12, CAF.LSBAD HIGHLANDS. 22 21 ABSENT: None 1 24 231 ATTEST: 28 e 0 AGREEMENT RELATING TO EXPIRATION OF CT-82-12, CARLSBAD HIGHLANDS +I Ig8’ This Agreement is entered into on between the CITY OF CARLSBAD, a munici 1 orporation (,‘Ci and the BUIE CORPORATION, a California corporation (‘‘Buie‘’ based on the following RECITALS A. On September 7, 1982, City tentatively approved Carlsbad Tract 82-12, Carlsbad Highlands (“Project”), an 8 development pursuant to Resolution No. 6994. Subsequent tc approval time extensions were granted on August 7, 1984 anc December 3, 1985. B. The time extension granted on December 3, 1985 mc and added conditions of approval to the Project. The cond of Resolution No. 8292 among other things require the Projc lower the density to be in conformance with the Growth Man( Policy and Hillside Review Ordinance. However, the criter the Growth Management Policy were not developed by the Cit- February 17, 1987. C. The conditions of approval for the Project also requires the developer to provide offsite road access to C: standards, provide sewer, water and other utilities to the Project, provide secondary access for emergency vehicles, i construct a sewer trunk line from the property within and including Cannon Road to the existing line at Interstate 5 D. It may be possible to meet the sewer line constri requirements by an Assessment District for Cannon Road con: prior to the approval of the final map for the Project. TF Assessment District will require compliance with the Califc Environmental Quality Act and cooperation from other affect property owners. If the Assessment District cannot be conl the map cannot final unless Buie constructs the sewer line. E. Buie has entered into an agreement to purchase tk Project for the purpose of complying with the conditions oj approval and ultimately constructing houses. 1 06/1 0 0 .. F. The parties desire by this Agreement to "credit' time during which the Growth Management Policy was being developed and have Buie recognize its obligation to compl] the conditions of approval for the Project. NOW, THEREFORE, the parties hereby agree: 1. The terms of this Agreement shall Only become e: upon acquisition of the Property by Buie. In the event Bi not acquire the Property, this Agreement shall have no fox effect. Buie shall provide City with written notificatior ownership within thirty (30) days of the date of this Agrc conditionally approved Project to run until February 17, 1 3. Attached hereto and incorporated herein as Exhik an Agreement to Pay Fees for Facilities and Improvements E Required by Growth Management System, as Exhibit "Bn, an Agreement Between Developer - Owner and the City of Carlsk the Payment of a Public Facilities Fee and as Exhibit "C", Agreement Waiving Claims/Rights Pursuant to El Patio. Thc Agreements have been executed by Buie as required by the Project upon receipt by city of the notice under Section 1 this Agreement. 2. If effective, this Agreement shall allow the condition of Project approval and shall be recorded agains 4. Buie hereby releases and waives any rights or cl may have, as successor-in-interest, for conditions imposed processing which occurred on the Project prior to the exec of this Agreement. Buie shall not claim or seek reimburse from the City if it is unable to satisfy the conditions of approval for the Project in a timely manner. Buie agrees comply with all of the conditions of the tentative map as extended. 5. This Agreement shall not preclude Buie from appl for a time extension pursuant to the provisions of Section 20.12.110 of the Carlsbad Municipal Code prior to February 1988 if such extension is available under the provision of Carlsbad Municipal Code. 6. Buie recognizes that it will be necessary to red the Project as approved which will result in a reduction o allowable density. In addition to the density reductions, will be necessary to revise the Project to comply with the Management Plan and the Hillside Ordinance. A final map f Project will be approved if the City Council determines th, revised Project is consistent with the City's General Plan, 2 06/: 0 e +’ Growth Management Plan and other City ordinances and pOliCi effect on the date this Agreement becomes effective. Buie that building permits may not be issued until after adoptio zone plan and satisfaction of its requirements as they appl the Project and that additional conditions on such permits imposed as a part of such plan. 7. Buie recognizes that the expenditure of funds wil necessary to revise the Project, satisfy the conditions of approval and provide the public facilities necessary for th property to develop. There are no assurances these problem be solved. City‘s agreement is in reliance on Buie’s promi that City’s grant of additional time will not result in any to the City. Buie agrees to hold the City harmless and wai rights to litigate any matter related to the City‘s refusal approve the Project if Buie is unable to satisfy the condit of approval for the Project and his obligations under this agreement prior to expiration of the map. CITY OF CARLSBAD, BUIE CORPORATION, a California corporation 3 06/16, m 0 .. AGREEMENT FOR WAIVER OF PROHIBITION AGAINST THE IMPOSITION OF CONDITIONS UPON THE APPROVAL OF AN EXTENSION OF A TENTATIVE SUBDIVISION HAP, e, This Agreement is made this ,,'& day of between the City of Carlsbad, a municipal corpora ion, (hereir called 1'City11) and - ation , (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 re and City to approve, conditionally approve or deny extensio time for the expiration of tentative maps or tentative F maps (hereinafter collectively called "Tentative Subdiv Maps" 1. 2. El Patio v. Permanent Rent Control Board, 110 Cal. App. 3c modified 111 Cal. App. 3d 788 (1980) indicates th: Goverment Code (Subdivision Map Act) may not authorize Cj impose new conditions; i.e., those which were not imposed c tentative subdivision map, upon the extension of time expiration of a tentative subdivision map, but also held tha City does have discretion to approve or deny such extensions 3. Government Code Section 66452.6(d) and Carlsbad Municipal EXHIBIT "6" 0 .. Sections 20.12.100(d) and 20.24.160 provide that expiratio tentative subdivision map shall terminate all proceedin that no final map or parcel map for any property covered tentative subdivision map shall be filed without first proc a new tentative subdivision map. 4. Subdivider has requested City to approve the extension o for Tentative Subdivision Map No. 82 - 12 which was ini approved on September 7,1982 5. Since the approval of said Tentative Subdivision Map, Ci conducted studies which show that the construction of c drainage facilities or thoroughfares are essential to prote provide for the health, welfare, and safety of all of the p and future residents of City, including those who will res said subdivision. 6. Since the approval of said Tentative Subdivision Map, Ci adopted a major drainage fee or major thoroughfare fee or b provide the funds to construct the necessary drainage faci and thoroughfares. 7. Since the approval of the Tentative Subdivision Map, Ci conducted studies which show the need to establish a I facilities fee in order to provide for public facilit protect the public health, safety and welfare of the presei future residents of City and to ensure that public facilit serve the development will be available concurrent with n required by City's General Plan. Developer agrees to pa] fees and has executed a contract which is on file with thf 0 0 .I Clerk to that effect. 8. Because the original approval of said Tentative Subdivi! occurred prior to the adoption of the aforementioned fei did not condition the approval of said Tentative Subdiviz with the payment of said fees, 9. Since the initial approval of said Tentative Subdivis there may have been changed circumstances which additional conditions of approval on the extension Tentative Subdivision Map to protect the public health, and welfare, to mitigate affects on the environment or to consistency of the extended map with the City's General PA Municipal Code. 10. city arguably may not, without the voluntary consf Subdivider, impose upon the extension of said Ter Subdivision Map conditions requiring payment of the mentioned above or conditions necessary to protect the health, safety or welfare, or the environment or consistency with the General Plan or Municipal Code. 11. Without such voluntary consent of Subdivider to the impositi conditions City may be required to deny Subdivider's reque: extension to ensure that the public health, safety and we1 or the environment are protected or that the General P1 Municipal Code requirements are satisfied. Approval o extension of said Tentative Subdivision Map without assur that the fees mentioned above would be paid for said subdiv would be contrary to the best interests of the City and ! 0 0 threaten the City's ability to protect and provide for the health, safety and welfare. Subdivider agrees that it is best interest of City and Subdivider that City be able to F the public health, safety and welfare, or the environn ensure consistency with the General Plan or Municipal Code imposition of conditions on the extension of ter subdivision maps. 12. Subdivider realizes that denial of the requested extension result in the expiration of the tentative subdivisic Subdivider would then be required to incur substantial COS time delays in processing a new tentative subdivisio approval of which would be subject to new conditions necess ensure consistency of the tentative subidivison map wi Subdivision Map Act, the California Environmental Qualit Titles 19, 20 and 21 of the Carlsbad Municipal Code, the General Plan and to protect the public health, safe welfare. 13. City has reviewed the Subdivider's request for an extens time for said tentative subdivision map and finds that gr the request subject to certain conditions will not be contr the public health, safety and welfare. NO#, THEREFORE, in cansideration of the recitals and i mutual covenants set forth herein., City and Subdivider agi follows: 1. City agrees to extend Subdivider's Tentative Subdivisii for one year subject to whatever new or revised conditions the C- I. , 0 0 '. its sole discretion deems appropriate. 2. Subdivider knowingly and voluntarily waives any rights to the unconditioned extension of Tentative Subdivision &2-12 3. Subdivider knowingly and voluntarily consents imposition of a condition of approval of the extension of Te Subdivision Map No. .$?-I:? which requires payment of any fee may be in effect at the time of approval of the final subdivis for said subdivision or any portion thereof and to the fo additional conditions: a. This approval is expressly conditioned on the payment applicant of a public facilities fee as required Council Policy No. 17, issued and effective on Ap 1986, on file with the City Clerk and incorporated he reference, and according to the agreement executed applicant for payment of said fee. If said fee is nc as promised, this application will not be consister the General Plan and the project cannot proceed ai approval shall be void. b. This approval is expressly conditioned upon the subdii compliance with any growth management system in eff the time the final map is filed. Subdivider shall a1 or agree to pay (as decided by the City Council) a1 identified by the City Council as necessary to pay f cost of providing facilities and improvements whi imposed pursuant to the growth management system e * .. 1 other applicable laws. 4. The provisions of Carlsbad Municipal Code Section 2( and 20.24.180, as appropriate, shall govern extension of the m: is the subject of th'is agreement. 5, If this agreement is for an extension of a te subdivision map for a minor subdivision, the appeal of t Engineer's approval, or conditional approval, of the extension party shall void this agreement unless the agreement is subse approved by the City Council. 6. Any action by Subdivider to challenge the legality agreement or any failure by Subdivider to pay the fees and comp. any other conditions applicable to the extension shall v( approval of such extension. The map shall not final i development shall not proceed until a new tentative subdivis. has been approved. SUBDIVIDER ACTING CITY ENGINEER ( Subdivisions) A APPROVED AS TO FQRM: ATTEST: 9 I I\ i\ /' *I VIN'C'ENT 1 -$jqq,F>, F'. EfOk60,' jR. j ,' ,/ \ City Attorney Notorial acknowledgement of execution by subdivider must be attar Affix corporate seal if appropriate. 06/86 i I personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the y 8 x President, md-- i 4 k --- personally known to me or prwed to me on the basis of satisfactory evidence to be the person wh executed the within instrument as the Secretary of the Corporation that executed the within instrument and acknowledged to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Signature s 1 , r (This area for official notarial seal) a e AGREEMENT RELATING TO EXPIRATION OF CT-82-12, CARLSBAD HIGHLANDS r .-* This Agreement is entered into on ,&A 9 , 1987 by between the CITY OF CARLSBAD, a munici&lk’o’rporation (“City and the BUIE CORPORATION, a California corporation (”Buie”), based on the following RECITALS A. On September 7, 1982, City tentatively approved Carlsbad Tract 82-12, Carlsbad Highlands (“Project”), an 893 development pursuant to Resolution No. 6994. Subsequent to approval time extensions were granted on August 7, 1984 and December 3, 1985. B. The time extension granted on December 3, 1985 mod and added conditions of approval to the Project. The condit of Resolution No. 8292 among other things require the Projec lower the density to be in conformance with the Growth Manag Policy and Hillside Review Ordinance. However, the criteria the Growth Management Policy were not developed by the City February 17 , 1987. C. The conditions of approval for the Project also requires the developer to provide offsite road access to Cit standards, provide sewer, water and other utilities to the Project, provide secondary access for emergency vehicles, ar construct a sewer trunk line from the property within and including Cannon Road to the existing line at Interstate 5. D. It may be possible to meet the sewer line construc requirements by an Assessment District for Cannon Road confj prior to the approval of the final map for the Project. The Assessment District will require compliance with the Califor Environmental Quality Act and cooperation from other affectc property owners. If the Assessment District cannot be confj the map cannot final unless Buie constructs the sewer line. E. Buie has entered into an agreement to purchase the Project for the purpose of complying with the conditions of approval and ultimately constructing houses. 1 06/1C L e 0 F. The parties desire by this Agreement to "credit" t: time during which the Growth Management Policy was being developed and have Buie recognize its obligation to comply w the conditions of approval for the Project. rr NOW, THEREFORE, the parties hereby agree: 1. The terms of this Agreement shall only become effe upon acquisition of the Property by Buie. In the event Buie not acquire the Property, this Agreement shall have no force effect. Buie shall provide City with written notification o ownership within thirty (30) days of the date of this Agreem 2. If effective, this Agreement shall allow the conditionally approved Project to run until February 17, 198 3. Attached hereto and incorporated herein as Exhibit an Agreement to Pay Fees for Facilities and Improvements as Required by Growth Management System, as Exhibit "B", an Agreement Between Developer - Owner and the City of Carlsbad Agreement Waiving Claims/Rights Pursuant to El Patio. Thesc Agreements have been executed by Buie as required by the condition of Project approval and shall be recorded against Project upon receipt by City of the notice under Section 1 c this Agreement. the Payment of a Public Facilities Fee and as Exhibit ''C" IS 4. Buie hereby releases and waives any rights or clai may have, as successor-in-interest, for conditions imposed c processing which occurred on the Project prior to the execut of this Agreement. Buie shall not claim or seek reimbursemc approval for the Project in a timely manner. Buie agrees tc comply with all of the conditions of the tentative map as extended. from the City if it is unable to satisfy the conditions of 5. This Agreement shall not preclude Buie from applyi for a time extension pursuant to the provisions of Section 20.12.110 of the Carlsbad Municipal Code prior to February 3 1988 if such extension is available under the provision of t Carlsbad Municipal Code. 6. Buie recognizes that it will be necessary to redec the Project as approved which will result in a reduction of allowable density. In addition to the density reductions, i will be necessary to revise the Project to comply with the C Management Plan and the Hillside Ordinance. A final map for Project will be approved if the City Council determines that revised Project is consistent with the City's General Plan, 2 06/lt m @ Growth Management Plan and other City ordinances and policie effect on the date this Agreement becomes effective. Buie a that building permits may not be issued until after adoption zone plan and satisfaction of its requirements as they apply the Project and that additional conditions on such permits m imposed as a part of such plan. r: 7. Buie recognizes that the expenditure of funds will necessary to revise the Project, satisfy the conditions of approval and provide the public facilities necessary for the property to develop. There are no assurances these problems be solved. City's agreement is in reliance on Buie's promis that City's grant of additional time will not result in any to the City. Buie agrees to hold the City harmless and waiv rights to litigate any matter related to the City's refusal approve the Project if Buie is unable to satisfy the conditi of approval for the Project and his obligations under this agreement prior to expiration of the map. CITY OF CARLSBAD, BUIE CORPORATION, a California corporation 3 06/1C