HomeMy WebLinkAbout1989-05-16; City Council; 6726-3; Tentative Map Extension- Russell%
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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.
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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
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C\Ty OF @AN-SBAD
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LOCATION MAP
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CITY MAP BOOK PAGE 2
PROJECT NAME PROJ. EXI
CARLSBAO TRACT 8/-/5 -CT81-I5 2 NO.
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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
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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.
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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.
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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:
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(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
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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.
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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
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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
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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 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
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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 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
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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
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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 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.
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4. The provisions of Carlsbad Municipal Code Sections 20.12.110
and 20.24.180, as appropriate, shall govern extension of the
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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