HomeMy WebLinkAbout1991-07-09; City Council; 11241; Tentative Map Extension KlettCl7’ OF CARLSBAD - AGENt+*-.BlLL 49 pj4.c
hB#Il,dYl TITLE: TENTATIVE MAP EXTENSION
MT0.2cs CARLSBAD TRACT NO. 88-08, KLElT
DEPT.-
RECOMMENDED ACTION:
Adopt Resolution No.9 I - d/ 7 approving a one year extension of time for Tentative
Map CT 88-08, Klett
ITEM EXPLANATION:
On June 21, 1989 the Planning Commission adopted Resolution No. 2881 approving an
application for a Tentative Tract, CT 88-08 and Planned Unit Development, PUD 88-09.
CT 88-08/PUD 88-09 is a five lot/four dwelling unit Planned Unit Development located
along the north side of Locust Street, west of Adams Street.
Planning and Engineering staff have reviewed the project and request for a one year
extension. As stated in the applicant’s letter and verified by staff, substantial progress
has been made toward obtaining a final map. The applicant has experienced delays in
obtaining the securities for public improvements, primarily water system improvements.
Staff believes the City would be better served by proceeding with this project. Therefore,
staff is conditionally recommending that the tentative map be extended for a one year
period or until June 21, 1992.
The original conditions of approval of Planning Commission Resolution No. 2881 are still
applicable to the project. In order to meet current standards, City policies and thus
remain in conformance with the General Plan certain new conditions will need to be
applied to the project. The new conditions needed concern water availability and
landscape.
The applicant has signed the agreement for waiver of prohibition of new conditions,
thereby consenting to the new conditions. Therefore staff is recommending that the
request for an extension of time be granted.
PUBLIC FACILITY ADEQUACY STATUS
Traffic Impact Fee Required
Bridge & Thoroughfare District N/A Development Zone 1
Density of this Project 8.18 Du/AC
Growth Initiative Control Point 11.5 Du/AC
FISCAL IMPACT:
NONE
EXHIBITS:
1.
2.
3.
4.
Location Map
Letter of Request
An Agreement signed by the Applicant, to waive the Prohibition of Conditions.
Resolution No. ci / - &!/ 9 approving a request for an extension of
time for a tentative map for Carlsbad Tract 88-08.
LOCATION MAP
KLETT _ CT 88-8
PUD 88-9
EXHIBIT 1
May 16, 1991
Mr. Lloyd Hubbs
City Engineer
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, California 92009-4859
RE: C.T. 88-8 / P.U.D. 88-9
Dear Mr. Hubbs:
At the June 21, 1989 meeting of the Planning Commission of the City of Carlsbad, Resolution
No. 2881 was unanimously passed, recommending approval of the above referenced project.
Pursuant to Finding #41 of the Resolution, the approval is scheduled to expire on June 21,
1991, unless extended.
Substantial progress has been made in the processing of this project with the Planning
Department, Engineering Department, and Carlsbad Municipal Water District. However, due to
the unanticipated extent of improvements required by the Water District, delays in obtaining
the required securities for public improvements, and several other unresolved minor issues, it
appears that additional time beyond the current expiration date will be needed to comply with all
requirements of the Final Subdivision Map.
I therefore request an extension of the approval of this project for an additional period of twelve
months.
Enclosed please find a check in the amount of $525.00 representing the required application fee
for extension of the tentative map.
Should you require additional information or wish to further discuss this request, please contact
me at 729-6625.
Thank you for your assistance in this matter.
(qincerely,
Jo&G. l&b, Trustee
P.O. Box 4086
Carlsbad, CA 92018
encl.
JGK:bek
AGREEMENT FOR WAIVER OF PROHIBITION AGAINST THE IMPOSITION OF CONDITIONS UPON THE APPROVAL OF AN EXTENSION OF A TENTATIVE SUBDIVISION RAP
This Agreement is made this 28th day of M~V I
19 91 between the City of Carlsbad, a municipal corporation,
(hereinafter called 'ICity*') and Klett Family Trust (hereinafter
called "Subdividerl').
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 Carl'sbad 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
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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. CT 88-8 which was initially
approved on June 21, 1989.
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 priortothe 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
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
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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 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 88-8.
3. Subdivider knowing and voluntarily consents to the
imposition of a condition of approval of the extension of Tentative
Subdivision Map No. CT 88-8 which requires payment of any fees
which may be in effect at the time of approval of the final
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subdivision map for said subdivision
the following additional conditions:
A. This approval is expressly
or any portion thereof and to
conditioned on the payment bY
by the applicant of a public facilities fee as required
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
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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: Gordon A. Klett and
Joel G. Klett, Trustees of the Klett
Family Tvlsq Dated 9114/90
Subdivisions)
APPROVED AS TO FORM:
CITY OF CARLSBAD, a municipal
BY: :“‘;, ,/‘&;d ,;-*fl. /T& .-;;--
By: “‘\ ;(--j k(-’ - . 1.. ..t . .
CITY ENGINEER (Minor
ATTEST:
ALETBA L. RAUTENERANZ City Clerk
Notarial acknowledgement of execution by subdivider must be attached. Affix corporate seal if appropriate.
STATE OF CALIFORNIA
p * COUNT-Y OF San Dieno
g On May 28, 1991 before me, Susan Huckabone , s g personally appeared **Gordon A. Klett, Trustee and Joel G. Klett, , I- *
5 Trustee** personally known to me (or proved ‘C
i! 4 to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within
E IL instrument and acknowledged to me that he/she/they executed the same in hislherltheir authorized capacity(ies),
8 5 s and that by his/her/their signature(s) on the instrument the 1
(3, , person(s) acted, executed the instrument.
WITNESS my hand and official seal.
H!
I-
Signature <I (“‘ ‘;...;? &II%. :
sonls1 or the entitv uoon behalf of which the
oFFlcIM sE4L
SUSAN HUCKABONE
NOTARY PUBLIC CAtIMRNlA PRINCIPAL OFFICE IN
SAN DIEGO CWNTY My Ccmmisston Exp. May 14. 1993
(This area for officii notarial seat)
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CITY COUNCIL RESOLUTION NO. 9 l- 2 14
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 CT 88-08
1KLEl-R
WHEREAS, the Planning Commission did on June 21, 1989 adopt Resolution No.
2881 approving the tentative map for a 5 lot subdivision, known as CT 88-08 and a
Planned Unit Development known as PUD 88-09, and
WHEREAS, said tentative map will have expired as of June 7, 1991, and
WHEREAS, the applicant for the tentative map, Klett Family Trust 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 Klett Family Trust 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 ordinances 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 88-08 be approved for a period of one year until June 21, 1992 subject
to all the original conditions of approval and the following additional conditions:
A. Prior to issuing a grading permit or building permit whichever comes first,
landscape plans shall be prepared to conform with the Landscape
Guidelines Manual and submitted per the landscape plancheck procedures
on file in the Planning Department. Landscape plans shall be designed to
minimize water use. Lawn and Zone 1 plants (see Landscape Guidelines
Manual) shall be limited to areas of special visual importance or high use.
Mulches shall be used and irrigation equipment and design shall promote
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water conservation. All landscape and irrigation plans shall show existing
and proposed contours and shall match the grading plans in terms of
scale and location of improvements.
The entire potable and non-potable water systems for subject project shall
be evaluated in detail to insure that adequate capacity and pressure for
domestic, non-potable and fire flow demands are met.
The Developer’s Engineer shall schedule a meeting first with the City Fire
Marshal and then with the District Engineer to review the preliminary water
system layout prior to preparation of the water system improvement plans.
The Developer will be responsible for all fees and deposits plus the major
facility charge which will be collected at time of issuance of building permit.
The Developer shall pay a San Diego County Water Authority capacity
charge which will be collected at issuance of application for meter
installation.
Otis project is approved upon the express condition that building permits
will not be issued for development of the subject property unless the water
district serving the development determines that adequate water and
service is available at the time of application for water service and will
continue to be available until time of occupancy.” A note to such effect
shall be added on a non-mapping sheet of the final map.
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 directed to execute said agreement on behalf of the City.
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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 July , 1991 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Nygaard, and
Stanton
NOES: None
ABSENT: None
ATTEST:
&57&
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)