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HomeMy WebLinkAbout1992-08-04; City Council; 11822; West PalmCITY OF CARLSBAD - AGENDF- AB#//. TITLE: TENTATIVE MAP EXTENSION x WEST PALM - CARLSBAD TRACT NO. 89-32, RECOMMENDED ACTION: Adopt Resolution No. 92 e d43 Tentative Map CT 89-32, West Palm. approving a one year extension of time for ITEM EXPLANATION: Carlsbad Tract 89-32 is a five unit subdivision located on the north side of Buena Vista Avenue between Arland Road and Valley Street. The applicant is requesting that the tentative map be extended until May 22,1993. The tentative map was originally approved on May 22, 1990, per City Council Resolution No. 90-l 55 after hearing an appeal of the Planning Commission’s decision to approve the map. Planning and Engineering staff have reviewed the project and the request for a tentative map extension. As stated in the applicant’s letter, the extension is requested because poor economic conditions have created a difficult climate for obtaining construction financing and have prohibited the applicant from completing the final map in a timely manner. Staff has determined that the applicant is diligently pursuing the final map to the best of their ability at this time, and therefore, recommends that the requested tentative map extension be granted. The applicant has executed a Public Facilities Fee Agreement and an Agreement for Waiver of Prohibition Against the Imposition of Conditions as is required with a tentative map extension. The original conditions of approval, referenced in City Council Resolution No. 90-l 55, and listed in Planning Commission Resolution No. 3012 are still applicable to the project with the addition of three new conditions. The first will assure compliance with current National Pollutant Discharge Elimination System (NPDES) permit requirements. The second requires the project to provide for its proportional share of affordable housing or to participate in an in-lieu fee program as determined by the City Council. The third is a new standard legal condition. FISCAL IMPACT: No detailed economic impact analysis of this development has been conducted. While increased operating expenses related to this development are expected to be offset from increased tax or fee revenue, no exact percentage of offset can be predicted. 1. 2. 3. 4. Location Map Letter requesting extension, dated February 24, 1992 (received March 24, 1992). An Agreement, signed by the applicant, to Waive the Prohibition of Conditions, Resolution No. ci A- 2 ‘/.Y approving a one year extension of time for Tentative Map CT 89-32, West Palm. NOT TO SCALE PROJECT NAME WEST PALM PROJECT EXHIBIT NUMBER CT89-32 1 4W By: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. February 24, 1992 CITY OF CARL98AD ENGIhlEERlNG COUNTER West Palm Properties Mr. George Marhoefer 4437 Mayfair Court Carlsbad, CA 92008 ud I 934, (04Y 0 City Engineer City of Carlsbad 2075 Las Palmas Carlsbad, CA 92008 RE: Tentative map extension Dear City Engineer: I hereby request your consideration to extend Tentative map CT-89-32. The reason for request is due to the severe economic conditions creating the inability of obtaining construction financing throughout the development industry. I am reviewing engineering proposals at this time for the preparation and processing of the final map. I am d,iligently pursuing the final map, and your consideration in this matter is greatly appreciated. - 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 /+- day of xtib\< I 19 YZ between the City of Carlsbad, a municipal corporation, (hereinafter called IICitylt) and Mark J. Nolan (hereinafter called @'Subdivider"). RECITALS 1. Government Code Section 66452.6(e) and Carlsbad Municipal Code Sections 20.12.110 and 20.24.180 permitsubdividersto 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 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 AgreementsVIG-39.FRll 1 7m91 4. 5. 6. 7. 8. - by the tentative subdivision map shall be filed without first processing a new tentative subdivision map. Subdivider has requested City to approve the extension of time for Tentative Subdivision Map No. CT 89-32 which was initially approved on April 18, 1990. 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. Since the approval of said Tentative Subdivision Map, City has adopted a ma>or drainage fee or major thoroughfare fee or both to provide 'the funds to construct the necessary drainage facilities and thoroughfares. 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. 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. AgreementsVG-39.FRn 2 7/3/91 ’ : 9. Since the inttial approval of said 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 protected or that the General Plan or Municipal Code requirements are satisfied. Approval of the extension of said Tentative Subdivision Map without asgurances 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. AgreementslAG-39.FRn 3 7/3/91 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 soleidiscretion deem appropriate. 2. Subdivider knowingly and voluntarily waives any and all right to the unconditioned extension of Tentative Subdivision Map No. CT 89-32. 3. Subdivider knowing and voluntarily consents to the imposition of a condition of approval of the extension of Tentative l Subdivision Map No. CT 89-32 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 and to Agreements\AG-39.FRH 4 7/3/91 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. 6. Any action by Subdivider to challenge the legality of this agreement or any failure by Subdivider to pay the fees and AgreementsLAG-39.FR 5 7/3/91 > - - 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: Mark J. $olan APPROVED AS TO FORM: . l - RONALD R. BALL Acting City Attorney Notarial acknowledgement of execution by subdivider must be attached. Affix corporate seal if appropriate. STATE OF CALIFORNIA San Dies0 COUNTY OF OnJune 19, 1992 (Individual) SE. before me, the undersigned, a Notary Public in and for said State, personally appeared Mark 3. Nolan 0 personally known to me Bproved to me on the basis of satisfactory evidence to be the person(b) whose name(e) is subscribed (This Area for ofthal notanal ssal) to this instrument and acknowledged that executed the same. &IO=. t ‘FORM 211 (Rev. b/821 Agreersents\AG-3g-FR 6 7m91 : ,. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 92-243 -. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN EXTENSION OFTIME FOR TENTATIVE MAP NO. CT 89-32, WEST PALM SUBJECT . TO CERTAIN CONDITIONS. WHEREAS, Section 66473.5 of the Subdivision Map Act provides that a tentative subdivision map may not be approved unless it is consistent with all applicable general and specific plans; and WHEREAS, the City Council of the City of Carlsbad, on the 22nd day of May, 1990, adopted Resolution No. 90-155 approving, with conditions, Tentative Map CT 89-32; and WHEREAS, the Tentative Subdivision Map would have expired as of May 22, 1992, and the applicant has requested an extension of time which cannot be approved unless the subdivision can be brought into conformity with the General Plan; and WHEREAS, the addition of certain conditions of approval to the subdivision will allow it to be found in conformity with the General Plan and the Developer has agreed to the imposition of such conditions and compliance with them; and WHEREAS, the approval of an extension of Tentative Map CT 89-32 subject to such conditions, in lieu of denial of the map, will allow the project to go forward avoiding the unnecessary delay to the City and to the Developer involved with the denial, and the new application which would then be approved subject to the same set of conditions; and WHEREAS, both the Developer and the City wish to extend the map subject to the additional conditions. 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 Tentative Map CT 89-32, is hereby extended for one year from May 22, 1 2 3 4 5 6 7 8 9 10 11 12 13 I.4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1992 to May 22, 1993, subject to the execution and fulfillment of all the conditions of Resolution N_ 90-l 55 and the following additional conditions: A. The applicant shall comply with the requirements of the National Pollutant Discharge Elimination Systems (NPDES) permit. The applicant shall provide best management practices to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be approved by the City Engineer prior to approval of the final map, issuance of grading or building permit, whichever occurs first. 6. The applicant is aware that the City is preparing an in-lieu fee or an affordable housing impact fee program as an alternative to the inclusionary requirements stipulated in Policy 3.6b of the Housing Element. If in the development of the program, it is determined by the City Council in order to find consistency with the Housing Element of the General Plan as well as consistency with Section 66473.5 of the Government Code (Subdivision Map Act), that this project is subject to this fee and building permits have not been issued, the applicant or its successors in interest shall pay whatever reasonable in-lieu fee or affordable housing impact fee that is required and in effect at the time of issuance of building permits. If required fees are not paid, this application will not be consistent with the General Plan and approval for this project will be void. C. The applicant shall defend, indemnify and hold harmless the City and its agents, officers, and employees from any claim, action or proceeding against the City or its agents, officers, or employees to attack, set aside, void or null an approval of the City, the Planning Commission or City Engineer which has been brought against the City within the time period provided by Section 66499.37 of the Subdivision Map Act. 3. That the Agreement for Waiver of Prohibition against the Imposition of Conditions upon the approval of an extension of a tentative subdivision map between Mark J. Nolan and the City of Carlsbad, dated June 14, 1992 on file in the office of the City Clerk is approved, and the Mayor is authorized to execute such agreement on behalf of the City. Ill l/l /Ii Ill ill 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. That this extension is approved in reliance upon said agreement. Any legal challenge-toor 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 4th day of August , 1992 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Stanton, Nygaard NOES: None ABSENT: Council ATTEST: ALETHA L. RAUTENKBANZ, City Clerk (SEAL)