HomeMy WebLinkAbout1983-01-18; City Council; 6657-3; TENTATIVE MAP EXTENSION CT 81-16/LCDP 81-01 (DAON-VISTA SANTA FE), -_ I r CI-F CARLSBAD - AGEN-ILL
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AB# 61;57-+3 DEI TITLE TENTATIVE MfW EXTENSION
MTG, 1/18/83 CT 81-16/LCDP 81-1
(DAON-VISTA SANTA FE ) c11
DEPT.
RECOMMENDED ACTION:
ENG c17
Adopt Resolution No. 7/ /f approving a one-year extension of time for Tentative Map CT 81-16.
I ITEY 'EXPLANATION :
Carlsbad Tract 81-16 is a 560-unit subdivisionlocatedon the east side
Rancho Santa Fe R.oad and north of Olivenhain Road. The applicant is'
requesting that the tentative' map be extended for a one-year period en( January 21, 1984.
The tentative map was originally approved on July 21, 1981, per Resolu
No. 6620.
The applicant application. and recommend
agreed to pay public facilities- fees with the original Planning and Engineering staffs have reviewed this projel one additional condition be required. The new condition is a requirement for the developer to execute the revised Public Facil Fee Agreement as per the latest City Council Policy No. 17. The subdi. has si'gned an agreement to waive a prohibition of new conditions.
I I FISCAL IMPACT : I
Additional public facilities required by this project will be offset b
the papent of the public facilities fee by the develoDer.
I EXHIBITS:
1. Letter requesting extension
2. Location MaF
3. ~esolution NO. 7 / c rapproving a one-year extension of time for n > Tentative Map CT 81-16 aqd LCDP 81-1. w
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RlCK ENGINEERING COMPANY I PLANNING CONSULTANTS R-CZIF j AND CIVIL ENGINEERS
3088 PI0 PIC0 DR. 0 SUITE 202 CARLSBAD, CA 92008
P.O. BOX 1129 PHONE AREA CODE 714 729-4987 u, .6 a ;&.I; C4‘
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Janua,ry 3, 1982
Mr. Jim Cento City Of Carlsbad
Engineering,Department
1200 Elm Avenue
Carlsbad, California 92008
RE: VISTA SANTA FE (C.T. 81-16 & L.C.D.P. #81-1)
(J#8405)
Dear Jim:
On behalf of the Daon Corporation, we hereby request
a time extension of the above referenced project.
Sincerely,
*P+ f
Robert C. Ladwig
RCL : cg
cc: Jim Goff/Daon Corp.
EXHIBIT X1
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CT 81-16
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EXHIBIT 2
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RE SOI,lJ TI 02: 1i.O . ..
* 7118 - .. l'~ KESOI.,IJ:i'ION OF TIIE CITY CO{J:~CII, 017 'fiiE CITY 5s
, CAKI;SI;AD, CALIFOR~~~I~I, APPROI.YT~!G XN .EX'TF;~TSIO:: .>F
TINE f'OR TENTfi!T'I.'irE :,IAP 81-16. S1J UJ E CY TG
CERTA:;: co~:j>I%'~:o~s.
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FIIIEI:EAS, Section 6Glt73.5 of the Subdivision Vn
provides tbat a tentrative subdivision map may not: 'De 22
unless it is ,consistent ~i.ti1 rill applicable gcncraf an
p7.311s; and
WHEREAS, the City Gouncil,.of the citr of Carfs
21st 6 ay of JUL'J " , 1981, adopted Eeso -
" 6620 approving, with conzit ions, T~Z:
ci 51-16, LCDP 81-1
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WHEJIEAS , Tent Gt ive Xnp CT 81-16 i-k now irtcs]
with the general plan of the City ,.of Czrlsbhri because r;
Council. has found that public. facilitj-e. are inadequara'
WHEREAS, said Tentative S'ubdi.visiorr l.lap ill 2:
JANWARY 31, 1983 and the appticant has zt
an eXte:lsio~? of tine which cannot be appr-~rcd unless yi;:
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'~t'cJj:vi-sion can be brought into con~orm;ty r.rith the ge=~
and
la?KERFiAS, the .addition of certain conditions 05
t.0 the subdivision will allow it to be found to be in co
wit11 the general pian and the devel.ope~: his requcstcd th
impositioa of such condit i-0.n~ a11.d agreed t'o cotnply wit)?
and
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3, II WI-IEREAS, the approval of .an .extension of Tentat
GT 81-16 sttbjcct to 'such conditiyns, in lieu of denial
map, will allow the project to go forward avoiding the
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unnecessary delsiy to the City and to the Developer invol
denial and the new application which would then be apprc
subject. to the same set of' conditions;, and 6 \.
.7 NHEREAS, both the Developer and the City wish t
the map subject to the additional ccndit.ion; 8
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NO\*?, THEREFORE, BE .IT RESOLVED by the City Cour
the City. of Carlsbad,. California, as follows:
51 ll A, That the above rec;tat;ons are true and cor /I B', .. That Tentative Map (3' 81-16, LCDP '81-1 I. 2 -
- are hereby extended for one J
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JANUARY 21, 1983 - to JAhkARY 21, -1984 -
to the execution an'd fulfillnlent 0.f all the conditioEs c
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Resolution NO. 6620 ~ . 'and the followir
addi.tiona1 condition: * .
(1) 'This approval is expressly conditioned on
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payment by-tl?e ~ppl-icant of a public facil
. ' as required by City Coancj.1 f?oli.cy NO. 17:
February 24, 1982 and effect'ive April 2, I
, file with the City Clerk and incorporated
. by the applicznt for payment of said f:?e..
I reference, and according to the agrkemcnt
. fee is not paid as promised, t11i.s applicat
not be con.sistent with the General Plan ar
project cannot proceed and this approval 5
void.
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C. That the agreement for .wai.ver of: prohibitic
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the imposition of co1:ditions tlpoil the approval of an ex!
R tcntitivc suhdivison ~~ap dated DEEIBER 15,. 1982 1) e t 1
DAON C(?RPOILZTION ' and Lhe City of Carlsb:
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authorized to execute such agreement on behalf of the City# 2
Exhibit A and attached hereto, is approved and the Mayor iz
3 D, That this extension is approved in reliance UI
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this approval void and the map shall not be final. 6
said agreement or the conditions of this resolution shall : 5
said agreement. Any legal challenge to or failure to perf(
7 PASSED, APPROVED AND ADOPTED at a regular meeting
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18th day of JanuarY , 1983, - by the following . g
City Council of the City of Carlsbad, California, held on
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11 AYE s : Council Members Casler , Lewis, Kulchin, Chick and P
12 NOES : None
l3 I ABSENT : None
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4b-c/ MARY H. &ASLER, @&Le Mayor
ll 18 ATTEST:
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ALETHA &L L. MtTEg-erk 7
(SEALED)
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EXHIBIT A
AGREEMENT FOR WAIVER OF PROHIBITION
AGAINST THE IMPOSITION OF CONDITIONS
UPON THE! APP.ROVAL OF AN EXTENSION OF
A TENTATIVE SUBDIVISION MAP
This Agreement is made this 1'5 day Of Demer
19 82 between the City of Carlsbad, a municipal corporation,
(hereinafter called "Cityt1) ani Daon
a Corporation (hereinafter called "Subdivider") .
RECITALS
1.' Government Code Section 66452.6(e) and Carlsbad Municipal
Code Sections 20.12.110 and 10.24.180 permit Subdividers '
request and City to approve, conditionally approve or den,
extensions of time for the expiration of tentative maps 0'
tentative parcel maps (hereinafter collectively called
"Tentative Subdivision Maps").
2. El Patio v. Permanent Rent Control Board, 1 10 Cal. App. 3d
915, modified 111 Cal. App 3d 788 (1980) indicates that t
Government Code (Subdivision Map Act) may not authorize C
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 20.12.100(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 an1
property c0vere.d 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. 81-16
which was initially approved on 7/21/81
L 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 welfar
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 t
that ef feet .
8. Because the original approval of said Tentative Subdivisio
Map occurred prior to the adoption of the aforementioned
fees, City did not condition the approval of said Tentatir
Subdivision Map with the payment of said fees.
9. Since th.e initial approval of the Tentative Subdivision M;
there may have been changed circumstances which require
additional conditions of approval on the extension of the
Tentative Subdivision Nap to protect the public health,
safety, and welfare, to mitigate affects on the environme.
or to ensure consistency of the extended map with the Cit,
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 Coc
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 extens-ion of
said Tentative Subdivision Map withbut 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 40 protect and provide
for the public health, safety, and 'welfare. Subdivider
agrees that it is in the best intejest of City and
Subdivider that City be able to prcjtect the public health,
safety and welfare, or the environdent or ensure consisten
with the general plan or MunicipaliCode by the imposition
of conditions on the extension of qentative subdivision
maps. ~
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12. Subdivider realizes that denial of (the requested extension
could result in the expiration of the tentative subdivisic
map. Subdivider would then be reqhired to incur
substantial costs and time delays in processing a new
tentative subdivision map approval
welfare.
General Plan and to protect the public health, safety and
Code, the City's 20 and 21 of the Carlsbad Municipal
Quality Act, Titles 19, Act, the California Environmental
with the Subdivision Map of the tentative subdivision map
to ensure consistency subject to new conditions necessary
of which would be
I 1 13. City has reviewed the Subdivider's request for an extensi
. of time for said tentative subdiv sion map and finds that
granting the request subject to certain conditions will n
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be contrary to the public health, safety, and welfare.
NOW, THEREFORE, in cons,ideration 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 Ma?
for one year subject to whatever new or revised conditions
City in its sole discretion deems appropriate.
2. Subdivider knowingly and voluntarily waives any and all rig
the unconditioned extension of Tentative Subdivision Map No
3. Subdivider knowingly and voluntarily consents to the imposi
of a condition of approval of the extension of Tentative
Subdivision Map No. 81-16 which requires payment of any fe
which may be in effect at the time of approval of the final
subdivision map for said subdivision or any portion thereof
to the following additional conditions:
This approval is expressly conditioned on the payment 1
the applicant of a public facilities fee as required bi
City Council Policy No. 17, issued 2/24/82 and effectir
4/2/82, on file with the City Clerk and incorporated ht
by reference, and according to the agreement executed .
' . the applicant for payment of said fee. If said fee is
paid as promised, this application will not be consist(
with the General Plan and the,project cannot proceed a.
this approval shall be void.
4. The provisions of Carlsbad Municipal Code Sections 20J2 -1,
and 20.24.180, as appropriate, shall govern extension of t:
map which is the subject of this agreement.
5. If this agreement is for an extension of a tentative subdi,
map for a minor subdivision, the appeal of the City Engine
approval, or conditional approval, of the extension-by any
shall void this agreement unless
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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 been approved.
ATTEST :
CITY OF CARLSBAD, a municipal corporation
BY LA&v &dl &h MAYOR (Maor Subdivisions)
City Clerk CITY ENGINEER (Minor Sub- divisions)
ty Attorney Director, Land
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STATE OF CALIFORNIA
c COUNTY OF- z Orange ] 5s.
Q E on December 14, 1982 before me the undersigned, a Notary Public in and for W.A. Colton, 1’11 ‘b said State, personall appear d t known to me to be the x$mand Gerald C. Weeks
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-. ._ c 3r. 9.p. Lan
.z known to me to !?%feet e e Or ’ Land r$g@rpf the corporation that executed the within instrument, 1 % 4 and known to me to be the persons who executed the within
.E instrument on behalf of the corporation therein named, and ac-
E knowledged to me that such corporation executed the within
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U I - .- c $ instrument pursuant to its by-laws or a resolution of its board of g directors. V 4
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2 Signature-
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N WITNESS my hand and official seal.
E = ../“..flO /x)- % L d . ’5 e..?Lq
Marcia A. Brown
Name (Typed or Printed) (Ths area for oficlal notarlal seal)