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HomeMy WebLinkAbout1989-05-16; City Council; 6726-3; Tentative Map Extension- Russell% cl u > 0 E a a. a 2 0 4 d 0 z 3 E 8 ClTYrF CARLSBAD - AGENDAaLL AB# k72C- ~3 TITLE: TENTATIVE MAP EXTENSION DEPT. HD CARLSBAD TRACT 81-15 CITY ATT MTG. 3/6/84 DEPT.FNG CITY MGl RECOMMENDED ACTION: (RUSSELL) approving a one-year extension of * Adopt Resolution No. for Tentative Map CT 8 ITEM EXPLANATION: Carlsbad Tract 81-15 is a 9-unit subdivision located on the No side of Home Street. The Applicant is requesting that the tentative map be extended until March 15, 1985. The tentative map was originally approved on September 15, 198 per Resolution No. 6670. A one-year extension of time was gra on March 15, 1983, per Resolution No. 7161. 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 t revised Public Facilities Fee Agreement as required by Council 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 February 22, 1984. 2. Location Map 3. Resolution No.7.520 approving a one-year extension of ti Policy No. 17. The Subdivider has signed an agreement to waiv for Tentative Map CT 81-15. 0- v Paul A, RusseTl - 727-S Q ? 7 I 3530' Madison St, CarTsbed, Ca, 92008 Feb.22,1984; City of Carlsbad Engineering Department 1200 BTm Avenue CaILsBad, Ca, 92008 SUBJECT: TENTATPT€3 SUBDLTISION- W CT 81 -1 5 LEISURE VIEW CO~OM~~S CP-I 61 PAUL A, ICITSS'ELL Gent1 emen j This x&-t;ey is to request an extention of the 8ppraved Due- to ecamnical hardship I'm una e to. pay the fees Enclosed pliease find a check in- the momnt of $2yO.O0 Tentative Map far the a.bulve- mentianred subdidanc dhs tJo. the City at- this t.lme, per your request and the signed and notartzed forms-* Sincerefy, 3 --7 -7 *& Paul A. Russell1 4 PER 22 2984 v C\Ty OF @AN-SBAD @ LOCATION MAP w CITY MAP BOOK PAGE 2 PROJECT NAME PROJ. EXI CARLSBAO TRACT 8/-/5 -CT81-I5 2 NO. b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 X 1'7 18 l9 2o 21 22 23 24 25 26 27 28 w RESOLUTION NO. 7520 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF CERTAIN CONDITIONS. TIME FOR TENTATIVE MAP 81-15 SUBJECT TO WHEREAS, Section 66473.5 of the Subdivision Map Act prov that a tentative subdivision map may not be approved unless i consistent with all applicable general and specific plans; an WHEREAS, the City Council of the City of Carlsbad on the day of September, 1981, adopted Resolution No. 6670 approving with conditions, Tentative Map CT 81-15; and WHEREAS, the City Council of the City of Carlsbad on the day of March, 1983, adopted Resolution No. 7161 extending Tentative Map CT 81-15 for a period of one year to March 15, and WHEREAS, Tentative Map CT 81-15 is now inconsistent with General Plan of the City of Carlsbad because the City Council found that public facilities are inadequate; and WHEREAS, said Tentative Subdivision Map will expire on M 15, 1984, and the Applicant has requested an extension of ti which cannot be approved unless the subdivision can be brough into conformity with the General Plan; and WHEREAS, the addition of certain conditions of approval the subdivision will allow it to be found to be in conformity the General Plan and the Developer has requested the irnpositii such conditions and agreed to comply with them; and /// /// /I/ /// f . 1 2 3 4 5 6 7 8 9 lo 11 12 l3 I.4 I.5 16 17 18 19 20 21 22 23 24 25 26 27 28 e w WHEREAS, the approval of an extension of Tentative Map C- 81-15 subject to such conditions, in lieu of denial of the mal will allow the project to go forward avoiding the unnecessary delay to the City and to the Developer involved with denial a the new application which would then be approved subject to t same set of conditions; and WHEREAS, both the Developer and the City wish to extend map subject to the additional condition; NOW, THEREFORE, BE IT RESOLVED by the City Council of th City of Carlsbad, California, as follows: A, That the above recitations are true and correct; B. That Tentative Map 81-15 is hereby extended for one from March 15, 1984, to March 15, 1985, subject to the execut and fulfillment of all the conditions of Resolution No. 6670 the following additional condition: (1) This approval is expressly conditioned on the payme the Applicant of a Public Facilities Fee as require City Council Policy No. 17, dated February 24, 1982 effective April 2, 1982, on file with the City Cler incorporated herein by reference, and according to agreement executed by the Applicant for payment of fee. If said fee is not paid as promised, this application will not be consistent with the General be void. i and the project cannot proceed and this approval sh C. That the agreement for waiver of prohibition agains imposition of conditions upon the approval of an extension of tentative subdivision map, attached hereto is approved. /I/ //I //I //I I 1 2 3 * 5 6 7 8 9 10 11 12 13 14 15 X 17 0 v D. That this extension is approved in reliance upon sai agreement. Any legal challenge to or failure to perform said agreement or the conditions of this resolution shall render t approval void and the map shall not be final, PASSED, APPROVED AND ADOPTED at a regular meeting of the Council of the City of Carlsbad, California, held on the 6th day of m& , 1984, by the following vot wit: AYES: NOES: Nolle Council =rs Casler, Lewis, Kulchin, Chick and Presc ABSENT: None 9- /.a RY H. &ASLER, Mayor ATTEST: 20 21 22 23 24 25 26 27 28 (SEAL) 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 *7 f day of 19 jP* between the City of Carlsbad, a municipal corporation, (hereinafter called "City") and ftftu, L I. Xus a )>t gla in (At/C/vL _ (hereinafter called "Subdivider" ) . RECITALS t 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.3d 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. 7 S' 3. Government Code Section 66452. 6 (d) and Carlsbad Municipal Code Sections 20. 1 2.1 00 (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. d." g /...- 7 & _ which was initially approved on ^^ST. /J7 /*? $3 / _ •_y * 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. \ x**lk '. •»„.«*• 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 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 b 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 3. Subdivider knowingly and voluntarily consents to the imposition of a condition of approval of the extension of Tentative Subdivision Map No . drf" % j - / Swhich 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 wi£h the General Plan and the project cannot proceed and this approval shall be void. 9 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 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 bee'n approved. ATTEST: ALETHA t. RAUTETSKRANZ, City Clerk CITY OF CARLSBAD, a municipal corporation By MAYOR (M#jor Subdivisions) CITY ENGINEER (Minor Sub- divisions) SUBDIVIDER APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorn By ' 'DANIEL S. HENTSCHKE, Assistant City Attorney (Notarial acknowledgement of execution by subdivider must be attached} (Affix corporate seal if appropriate) 6. GENERAL ACKNOWLEDGMENT NO. 201 the undersigned Notary Public, personally appeared OsjDersonally known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) _ A£ _ subscribed to the within instrument, and acknowledged that n^e. _ executed it. WITNESS my hand and official seal. OFFICIAL SEAL GISELA HAUSER Notary Public - California Principal Office !n San Diego County My Commission Expkes July t, 1985 Notary's Signatu/e 7110 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364