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HomeMy WebLinkAbout1990-10-09; City Council; 10865; Carltas Ranch Tentative Map ExtensionCIT- OF CARLSBAD - AGENn “~111 ..I I.-- qq (jig-) a AB#&$&, TITLE: DEPT. HD; MTG. 1 O-9-90 REQUEST FOR TENTATIVE MAP EXTENSION FOR CARLTAS RANCH (CT 87-02) CITY ATp( DEPT. ENC. CITY MGR.@+!i& RECOMMENDED ACTION: Adopt Resolution No.q 0 -37q approving a request for extension of time for a tentative map for Carlsbad Tract No. 87-02. ITEM EXPLANATION: On August 16, 1988 the City Council adopted Resolution No. 88-297 approving a 9 lot Tentative Tract Map, for an industrially zoned property known as Carltas Ranch. The property is located south of Palomar Airport Road and east of Paseo Del Norte and is the site of the proposed Price Club project. The tentative map was due to expire on August 16, 1990. On July 13, 1990 the Price Company, successor in interest to this project, requested an extension of time to continue processing the final map. The Price Company was informed that additional conditions were necessary on the project to bring it into conformance with the General Plan, current City ordinances and current City policies. The Price Company did sign our standard agreement waiving their prohibition against imposition of additional conditions The following is a list of conditions which staff believes are needed to bring the project into conformance with present City requirements: 1. A condition requiring participation in the City-wide Mello-Roos District. In the event that a Meilo-Roos District is not formed, then the condition will be to participate in any financing plan to keep LFMP Zone 5 in conformance with the Growth Management Program. 2. A condition requiring project participation in the guarantee for funding of Palomar Airport Road east of El Camino Real to assure conformance with the circulation standard of the Growth Management Program. 3. A condition requiring that the developer pay additional or increased fees charged as a result of the forthcoming master drainage plan update and Sewer Connection Fee Study. 4. A condition requiring analysis of the Encinas Creek culvert beneath Paseo del Norte for flood control adequacy and participation in any program to mitigate potential deficiencies. 5. A condition to provide adequate means to reduce urban pollutants from drainage generated on the project. This Condition is needed to meet the intent of the National Pollutant Discharge Elimination System permit recently imposed by the Regional Water Quality Control Board. Since the applicant has agreed to accept these or other conditions which the Council may wish to impose on this project, staff recommends approval of the request for extension of time on Carlsbad Tract 87-02. FISCAL IMPACT: NONE PAGEIWOOFAB# 103-65 , EXHIBITS: 1. 2. 3. 4. Letter of request Location Map. An Agreement signed by the Applicant, to Waive the Prohibition of Conditions. Resolution No.9 O- 3 7 q approving a request for an extension of time for a tentative map for Carlsbad Tract 87-02. ‘/ / THE PRICE COMPANY J;IL 16 1990 PRICE CLUB@’ l P.O. BOX 85466 l SAN DIEGO, CALIFORNIA 92138 l (819)581-4600 ,+/5-/6#& 7ii7 J l-1 I. y 1 :: -. f! .i9yig J/- d- - Mr ” L 1 oyd Hubbs Clarlshad City Ertgirteer ZW75 Las F’a lmas Drive Car 15bad ? CIA 32a09 RE : n fnr Tentative Tract Map CT 87-2 Dear I- ?o\,d : I “l”eritati.~.~e Tract Map CT 87--2 appraved by Resolution No. 89--~2CU is due to expire August. 16, 149B. The F’rice Company, as cr..irrerit. owner of the propert.i/, hereby requestc, a time extension for the tentative tract map approval. This extension ia rEquftst.ed .i.n order to maintain the potential to develop the site as currently approvrd un ti I .thc revised develapment pl.ans now .iri process are approved by the city. Substantial work an the site has taken place tawxrds sat.i5fying the canditictri5. of appraval ,fur a final map. Enclosed ir; a check: in the amount of 8265 fnr t.he processing fee which is one--half of the fee paid when the map was originally pror.:esr;ed r according tn the City Code Section 2W7.W8.W3W. Please keep me informed 2:; tc7 the processing schedule. Thank: you for your assistance. Sincerely, THE PRICE COMPANY # . , /+- Kathy Nishihira Manager- Real Estate Develapment ES-it . CC : Jeff Mitchel; Oday Concwl ting Stan Weiler; Hoffman Planning cissac. Chris Calkins; Carltas Carp. I,::: N : m j m JULYHlJBBS , QOE =” / -.3?mr :Z . . AGREEMENT FOR WAIVER OF PROHIBITION AGAINST THE IMPOSITION OF CONDITIONS UPON THE APPROVAL OF AN EXTENSION OF . A TENTATIVB SUBDIVISION MAP This Agreement is made this asJL day of A";""' , 19qo between the City of Carlsbad, a municipal corporation, (hereinafter called llCitylt) and 7H6 ioRrcE bW?G/yl/ (hereinafter called l'Subdivider*@). RECITALS 1. Government Code Section 66452.6(e) and Carlsbad Municipal Code Sections 20.12.110 and 20.24.180 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. 1, E Patio v. 110 Cal. 3d App. 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 time for expiration of a tentative subdivision map, but also held that the City does have discretion to approve or deny such extensions. 3. Government Code Section 66452.6(d) and Carlsbad Municipal Code Section 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 any property covered by the tentative subdivision map shall be filed without first processing a new tentative subdivision AgreemenWAg-25.frm 1 Rev. 7/2.5/90 map. 4. Subdivider has requested City to approve the extension of time for Tentative Subdivision Map No. CT 87-02 which was initially approved on August 16, 1988. 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 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 said Tentative Subdivision Map AgreementslAg-25frm 2 Rev. 7/2wo , . 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 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 with the General Plan or Municipal Code by the imposition of conditions on the extension of tentative subdivision maps. II AgreementslAg-25frm 3 Rev. 7/25/w 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 be contrary to the public health, safety and welfare. NOW, THEREFORE, in consideration of the recitals and of the mutual covenants 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 deem appropriate. 2. Subdivider knowingly and voluntarily waives any and all right to the unconditioned extension of Tentative Subdivision Map No. CT 87-02. 3. Subdivider knowing and voluntarily consents to the imposition of a condition of approval of the extension of Tentative Subdivision Map No. CT 87-02 which 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 AgreemenMAg-2S.frm 4 Rev. 7/2wo and to the following additional conditions: A. 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 and effective on April 22, 1986, 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 with the General Plan and the project cannot proceed and this approval shall be void. B. This approval is expressly conditioned upon the subdivider's compliance with any growth management system in effect at the time the final map is filed. Subdivider shall also pay or agree to pay (as decided by the City Council) all fees identified by the City Council as necessary to pay for the cost of providing facilities and improvements which are imposed pursuant to the,growth management system or any other applicable laws. 4. The provisions of Carlsbad Municipal Code Section 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. AgreementsUg-25.frm 5 Rw. 7/25/90 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 been approved. SUBDIVIDER BY: CITY ENGINEER (Minor Subdivisions) ATTEST: ALETBA L. RAUTENKRANZ City Clerk Notarial aoknowledgement of exeaution by subdivider must be attached. Affix corporate seal if appropriate. AgreementslAg-25.frm 6 Rev. 7/25/90 STATE OF CALIFORNIA) )ss. COUNTY OF SAN DIEGO) I SVG MM, before County and On this me, the undersigne state, personally appeared known to me to be the v ce iL-?df&~ corporation that executed/the within instrument, of the and known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same, pursuant to its laws, or a resolution of its Board of Directors. WITNESS my hand and official seal. ,,,,! k ) J I -I& , - 14 - 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 . RESOLUTION NO. 90-374 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A REQUEST FOR AN EXTENSION OF TIME FOR A TENTATIVE TRACT MAP FOR CARLSBAD TRACT 87-02 (CARLTAS RANCH) WHEREAS, the City Council did on August 16, 1988 adopt Resolution No. 86-297 approving the tentative map for a nine lot subdivision, known as CT 87-02, and WHEREAS, said tentative map will have expired as of August 16, 1990, and WHEREAS, the successor in interest to the tentative map, the Price Company, has requested an extension of time to process toward a final map, and WHEREAS, the project can be found to be in conformance with the General Plan, current City ordinances and current City policies with imposition of additional conditions; and WHEREAS the Price Company has consented to the imposition of the additional conditions which are needed to bring the tentative tract map into conformance with the general plan, current City ordinance and current City policies. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the request for an extension of time for the tentative tract map for Carlsbad Tract 87-02 be approved for a period of one year until August 16, 1991 subject to all the original conditions of approval and the following additional conditions: A. 8. C. Prior to final map approval the property owner shall enter into an agreement with the City to participate in any current City-wide Mello- Roos District. In the event that a City-wide Mellos District is not formed, the property owner will be required to participate in any financing program needed to keep LFMP Zone 5 in conformance with the current Growth Management Standards. Prior to approval of the final map, the developer shall enter into an agreement with the City to pay any drainage area fees established as a result of the forthcoming Master Drainage Plan Update and the Sewer Connection Fee Study. This project is located in the Zone 5 Local Facilities Management Plan. Recent traffic monitoring has revealed that Palomar Airport Road from El Camino Real to the eastern City limit falls below the adopted performance standard. Therefore, prior to approval of a final map, the owner shall participate in the guarantee of a proportional share of the cost of improving this segment of Palomar Airport Road. -l- t . 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 D. Prior to final map the developer shall provide an analysis of the Encinas Creek culvert beneath Paseo del None for flood control adequacy and shall agree to participate in any program to mitigate potential deficiencies. I E. Prior to issuance of building permits within the project the builders shall submit a parking lot drainage plan acceptable to the City Engineer which contains proposed measures to reduce urban pollutants in general conformance with the National Pollutant Discharge Elimination System permit imposed by the Regional Water Quality Control Board. 3. The Agreement of Waiver of Prohibition Against the Imposition of Conditions upon the Approval of an Extension of a Tentative Subdivision Map is approved and the Mayor is authorized to execute said agreement on behalf of the City. 4. That the extension is approved in reliance upon said agreement. Any legal challenge to or failure to perform said agreement or the conditions of this resolution shall render this approval void and the map shall not be final. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 9th day of Oct. , 1990 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson and Pettine NOES: None ABSENT: None ABSTAINED: Count ATTEST: ALETHA L. RAUTENKRANZ, City?%& (SEAL) -2-