HomeMy WebLinkAbout1992-08-04; City Council; 11823; Tentative Map Extension The HamptonsCIT” OF CARLSBAD - AGEN“\ BILL
AB # ma3 TITLE: TENTATIVE MAP EXTENSION -
MTG. 8-4-92 CARLSBAD TRACT NO. 89-13,
THE HAMPTONS
DEPT. ENG
I RECOMMENDED ACTION:
Adopt Resolution No. ‘?A- 2 VY approving a one year extension of time for Tentative Map CT 89-l 3, the Hamptons.
I
ITEM EXPLANATION:
Carlsbad Tract 89-13 is a 42 unit subdivision located south of Park Drive and east of
Marina Drive. The applicant is requesting that the tentative map be extended until March
27, 1993. The tentative map was originally approved on March 27, 1990, per City Council
Resolution No. 90-80 after hearing an appeal of the Planning Commission’s decision to
approve the tentative 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 time extension is requested due
to poor economic conditions and a lack of financing availability which has prevented the
applicant from proceeding with the project within the normal two year time period. Staff
concurs with the applicant that the economy has grown increasingly depressed over the
past two years impeding progress in their diligent pursuit to complete their final map.
Therefore, staff is recommending that the requested tentative map extension be granted.
A Public Facilities Fee Agreement was recorded with the original tentative map application
and the applicant has executed an Agreement for Waiver of Prohibition Against the
Imposition of Conditions. The original conditions of approval, referenced in City Council
Resolution No. 90-80 and cited in Planning Commission Resolution Nos. 2982 and 2983,
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 low income housing or participate in an in-lieu fee program as determined by the City
Council. The third condition 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.
EXHIBITS:
1.
2.
3.
4.
Location Map.
Letters requesting extension, dated March 6, 1992 and May 20, 1992. An Agreement, signed by the applicant, to Waive the Prohibition of Conditions.
Resolution No. 9 2. - 2 44 approving a one year extension of time for
Tentative Map CT 89-13, The Hamptons, including PUD 89-5/SUP 89-7/SV 89-3.
CITY Of OCEANSIDE
PROJECT NAME PROJECT EXHIBIT THE HAMPTONS NUMBER
CT8943 1 ““.
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ENGlNEERlNG COUNTER
KOULOS
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May 20, 1992
Mr. Jim Murray Associate Engineer City of Carl&ad Engineering Department 2079 Las Palmas Drive Carlsbad, CA 92009-1576
REQUESTED EXTENSION OF THE TENTATIVE TMCT MAP CT 8943
Dear Mr. Murray:
This letter is in response to your request to provide additional information concerning my extension request of the above-referencedtentativetractmap. I represent a development group, including owners Dr. Nino Ferrer0 and Dr. Jack Spirtos, which desires to fulfil1 the tentative tract map submittal process and complete the development.
We are diligently pursuing the development process on the above-referenced project, however, the recent economic conditions and the availability of financing had delayed our decision to proceed. The recent upturn in the economy and the loosening of credit terms of many financial institutions has justified our renewing of the development process.
I have included a letter from owners of the property authorizing me to sign on their behalf and have also included your Agreement for Waiver of Prohibition signed and notarized per your request.
Your help and cooperation in granting our request for extension is most appreciated. We are very excited about this undertaking and look forward to working with the City in building a beautiful project.
\ STRUCTION, INC.
Peter Kdulos
PK/stf
President h :.*A' ;: 1 1992
CITY OF CARLSAD
ENCYEERIMG COUNTER
‘. l ‘+ . -
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 19th day of May . ,
19 92 between the City of Carlsbad, a municipal corporation,
(hereinafter called lVCity") and KOULOS CONSTRUCTION, INC.
(hereinafter called "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. 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
Agreements\AG-39.FRM 1
by the'tentative subdivision map shall be filed without first
processing a new tentative subdivision map.
4. Subdivider has requested City to approve the extension of time
for Tentative Subdivision Map No. CT89-13
which was initially approved on March 27, 1990 .
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
Agreements\AG-39.FPM 2
Subdivision Map with the payment of said fees.
9. Since the initial 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
ensure consistency of the extended
Plan and Municipal Code.
10 City arguably may not, without
on the environment or to
map with the City's General
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
Agreements\AG-39.FRM 3
_- -
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 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
Map for one year subject
extend Subdivider's Tentative Subdivision
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. CT89-13 .
3. Subdivider knowing and voluntarily consents to the
imposition of a condition of aonroval of the extension of Tentative
Subdivision Map No. CT89-13 which requires
payment of any fees which may be in effect at the time of approval
Agreements\AG-39.FRM 4
of the final subdivision map for said subdivision or any portion
thereof 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.
6. Any action by Subdivider to challenge the legality of
Agreements\AG-39.FPM 5
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.
APPROVED AS TO FORM: ATTEST:
iLL.PURPBSEACKNGWLEDGMCNT
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevenl fraudulent attachment of this certificate to unauthorized document.
THIS CERTIFICATE Title or Type of Document $+.cf.,y\nA. 1’ f
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages
DESCRIBED AT RIGHT: Signer(s) Other Than i
<kA:-Vd%WYYiV . .
0 1991 NATIONAL NOTARY ASSOCIATION - 8236 Remmel Ave. - P.O. Box 7184 * Canwa Park CA QlR0A-71
--- --mm -------m-- VW --- --w--w--
State of i ‘A !I lii*-iv!~~I CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL(S)
NAME, TITLE OF OFFICER - E.G., ‘JANE DOE, NOTARY PUBLIC
personally appeared I q Al-l-ORNEY-IN-FACT
NAME(S) OF SIGNER(S)
ersonally known to me - OR - 0 proved-to-me on-the-basis of satisfactory evidence
to-be -the person(s) -whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their DIANE REN:E~E USHER
NOTARY PUF!LlC - CALIFORNIA signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s)
aeted, executed the instrument.
Witness my hand and official seal.
q TRUSTEE(S)
0 SUBSCRIBING WITNESS
0 GUARDIAN/CONSERVATOR
q OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
SIGNATURE OF NOTARY
RESOLUTION NO. 92-244
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING AN EXTENSION OF
---TIME FOR TENTATIVE MAP NO. CT 89-13, THE HAMPTONS
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 27th day of March, 1990,
adopted Resolution No. 90-80 approving, with conditions, Tentative Map CT 89-13, including
~ PUD 89-5, SUP 89-7 and SV 89-3; and
WHEREAS, the Tentative Subdivision Map would have expired as of March 27, 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 89-13 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-l 3, including PUD 89-5, SUP 89-7 and SV 89-3,
is hereby extended for one year from March 27, 1992 to March 27, 1993, subject to the
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execution and fulfillment of all the conditions of Resolution No. 90-80 and the following
additional conditions:
- A. --.
B.
C.
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.
The applicant is aware that the City is preparing an in-lieu fee program
as an alternative to the inclusionary requirements stipulated in Policy
3.6b of the Housing Element. If in the development of the in-lieu fee
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 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.
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 ag "?st the City within the time
period provided by Section 66499.37 of t 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 Koulos
Construction and the City of Carlsbad, dated May 19, 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.
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4. That this 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 thM@proval 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
ATTEST:
A
ALETHA L. RAUTENKRANZ, City Clerk
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