HomeMy WebLinkAbout1981-12-15; City Council; Resolution 6742RESOLUTION NO. 6742 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF
TIME FOR TENTATIVE MAP CT 76-15 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
3rd day of May, 1977, adopted Resolutions No. 5050 and No. 5051
approving, with conditions, Tentative Map CT 76-15 and Planned
Unit Development PUD-6; and
WHEREAS, Tentative Map CT 76-15 is now inconsistent with
the general plan of the City of Carlsbad because the City
Council has found that public facilities are inadequate; and
WHEREAS, said Tentative Subdivision Map will expire on
December 30, 1981 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 to be in conformity
with the general plan and the developer has requested the impo-
sition of such conditions and agreed to comply with them; and
WHEREAS, the approval of an extension of Tentative Map
CT 76-15 subject to such conditions, in lieu of denial of the
map, will allow the project to go forward avoiding the unnec-
essary delay to the City and to the Developer involved with
denial and the new application which would then be approved
subject to the same set of conditions; and
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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:
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A. That the above recitations are true and correct,
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I B. That Tentative Map CT 76-15 and Planned Unit Develop
I ment PUD-6 are hereby extended for one year from December 30,
' 1981 to December 30, 1982, subject to the execution and fulfill- ' ment of all the conditions of Resolutions No. 5050 and 5051 and
1 the following additional conditions:
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~ 1) This project is approved upon the express condition that the
applicant shall pay a public facilities fee as required by
City Council Policy No. 17, dated August 29, 1979, 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 a copy of that agreement dated November
5, 1981 is on file with the City Clerk and incorporated
herein by reference. If said fee is not paid as promised,
this application will not be consistent with the General
Plan and approval for this project shall be void.
2) The applicant shall provide a school availability letter
from the Carlsbad Unified School District prior to the final
map for Unit 1.
3) Any signs proposed for this development shall require review
and approval of the Planning Department prior to installa-
tion of such signs.
4) The project shall provide bus stop facilities at locations
subject to the satisfaction of the North County Transit Dis-
trict. Said facilities shall at a minimum include a bench,
free from advertising and a pole for the bus stop sign. The
bench and pole shall be designed in a manner so as to not
detract from the basic architectural theme of the project
and said design shall be subject to the approval of the Plan
ning Director and North County Transit District.
5) Condition No. 21 of Resolution No. 5050 is hereby replaced
by the following:
"The applicant shall pay park-in-lieu fees to the City
prior to the approval of the final map as required by
Chapter 20.44 of the Carlsbad Municipal Code."
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6) The retaining walls required along the north and south side
of Tamarack Avenue shall be cribwalls acceptable to the
Planning Director and City Engineer. Landscaping and an
irrigation system shall be installed by the applicant on the
cribwall subject to the approval of the Parks and Recreation
Department. The landscaping and irrigation system shall be
maintained by the City of Carlsbad. Detailed plans for the
design of the wall and landscaping shall be approved prior
to issuance of building permits for any of the lots in this
project.
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7) The parkway behind the sidewalk along the north side of
Tamarack Avenue within the subdivision boundaries and within
the public street right-of-way, shall be landscaped and
irrigated subject to the approval of the Parks and
Recreation Director. Said landscaping and irrigation shall
be maintained by the homeowner's association and this
responsibility shall be clearly stated in the CC&R's.
C. That the agreement for waiver of prohibition against
the imposition of conditions upon the approval of an extension
of a tentative subdivision map dated December 1981 between Sun-
set Pacific Limited and the City of Carlsbad, marked Exhibit A
and attached hereto, is approved and the Mayor is authorized to
execute such agreement on behalf of the City.
D. 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
this approval void and the map shall not be final.
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, held on
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, 19 81, by the following - the 15th day of December
vote, to wit:
AYES :
NOES:
ABSENT: Nolle
Council Members Packard, Casler, hear, Lewis and Kulchin
ATTEST:
/
ALETHA L. RAUTENKRANZ, City Clfrk
(SEAL)
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AGREEMENT FOR WAIVER OF PROHIBITION
AGAINST THE IMPOSITION OF CONDITIONS
UPON THE APPROVAL OF AN EXTENSIOB OF
A TENTATIVE SUBDIVISION MAP
This Agreement is made this 7th day of December
. 19 - 81 between the City of Carlsbad, a municipal corporation,
(hereinafter called "(3.ty" ) and Sunset Pacific, ttd. I
a Limited Partnership (hereinafter called "Subdivider") -
RECITALS
1.. Government Code Section 66452,6(e) and Garlsbad Municipal .
Code Sections 20 e 12.11 0 and 3 0.24. I80 permit Subdividers to
request and City to approve, conditionally approve or deny
extensions of time for the expiration sf tentative maps or
tentative parcel maps (hereinafter collectively called
"Tentative. Subdivision Maps" ).
2, El Patio v. Permanent Rent Control Board, T?O Gale Appo3d /
- 915, modified 111 Cal. App 3d 788 (1980) indicates that the
Government Code (Subdivision Map Act) may not authorize City
to impose new conditions; ire.,, 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 ox deny such extensi;ons,
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3. Government Code Section 66452.6(d) and CarEsbad Municipal
Code Sections 20.92.100(d) and 20.24.160 provide that
expiration of a tentative subdivision map shall terminate
all proceedings and that no final map or pa~cel map for any
property covered by the tentative subdivi~i~n map shall be
filed without first processing a new tentiftlve subdivision
map 0
Subdivider has requested City to approve *e extenshin of 4,
time for Tentative Subdivision Map No, CT ?&I5
which was initially approved on
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
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to protect and provide €or the health, wel€ixeE and safety
of all of the present and future residents OE city,
including those who will reside in said subdFvisi~n,
Since the approval of said Tentative Subdivision Map, City
has &opted a major drainage fee or major thorgughfaxe fee
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or both to provide the funds tu construct the necessary
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drainage facilities and thoroughfares,
7, Since the approval. of the Tentative Subdivision Map, City
has conducted studies which show the need pr~ establish a
publjc 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
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that public facilities to serve the development will be
available concurrent with need as required by City's
general plan,
executed a contract which is on file with the City Clerk to
Developer agrees to pay said fees d and has
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,
Since the initial approval of the 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
safetyr and welfarep to mitigate affects on the envlronment
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or to ensure consistency of the extended map with the Cityus
general plan and Municipal Code,
City arguably may notl without the voluntary consent of
Subdi.vider, 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,
Without such voluntary consent of Subdivider to the
imposition of conditions City may be required to deny
Subdivider's request fox 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 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 healtht
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 subdivisi~n
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 nap 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 Plunieipal Code, the City's
General Plan and to protect the public health, safety and
welfare.
City has reviewed the Subdivider's request for an extension
of time for said tentative subdivision map and €inds that
granting the request subject to certain conditions will not
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be contrary to the public health, safety, and welfare,
NOW, THEREFOFE, 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 OK revised
conditions the City in its sole discretion deems
appropriate
2, Subdivider knowingly and voluntarily waives any and ax1
rights to the unconditioned extension of Tentative
~ubttivisi~~ Map NO. CT 76-15 0
3. Subdivider knowingly and voluntarily consents to the
imposition of a condition of approval of the extension 0%
Tentative Subdivision Map No. CT 76-15 which requires
the 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 the: following
additional conditions:
Conditions numbered I through 7 as shown on Exhibit A and incorporated herein by reference.
4, The provisions of Carlsbad Municipal Code Sections 20,12,140
and 20,24,780, as appropriate, shall govern the 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 Engirieerss approval, or condit-ional approval, of the
extension by any party shall void this agreement unless
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the agreement is subsequently approved by the City Councilo
Any action by Subdivider to challenge the legality of this 6,
agreement or any failure by Subdivider to pay the fees an6
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 plot proceed
until a new tentative subdivision map bas been approved.
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. CITY OF CARLSBADp a municipal. corporart ion
B
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CITY ENGINEER (Plincx Sub- divisions)
SUBDIVIDER SUNSET PACIFIC, LTD., A CALIFORNIA LIMITED PARTNERSHIP
6.
EXHIBIT A
CONDITIONS FOR APPROVAL OF TENTATIVE
MAP EXTENSION FOR CT 76-15
This project is approved upon the express condition that the
applicant shall pay a public facilities fee as required by
City Council Policy No. 17, dated August 29, 1979, 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 a copy of that agreement dated November
5, 1981 is on file with the City Clerk and incorporated
herein by reference. If said fee is not paid as promised,
this application will not be consistent with the General
Plan and approval for this project shall be void,
The applicant shall provide a school availability letter
from the Carlsbad Unified School District prior to the final
map for Unit 1.
Any signs proposed for this development shall require review
and approval of the Planning Department prior to installa-
tion of such signs,
The project shall provide bus stop facilities at locations
subject to the satisfaction of the North County Transit Dis-
trict. Said facilities shall at a minimum include a bench,
free from advertising and a pole €or the bus stop sign. The
bench and pole shall be designed in a manner so as to not
detract from the basic architectural theme of the project
and said design shall be subject to the approval of the Plan-
ning Director and North County Transit District.
Condition No. 21 of Resolution No. 5050 is hereby replaced
by the following:
"The applicant shall pay park-in-lieu fees to 'the City
prior to the approval of the final map as required by
Chapter 20.44 of the Carlsbad Municipal Code."
The retaining walls required along the north and south side
of Tamarack Avenue shall be cribwalls acceptable to the
Planning Director and City Engineer. Landscaping and an
irrigation system shall be installed by the applicant on Else
cribwall subject to the approval of the Parks and Recreation
Department. The landscaping and irrigation system shall be
maintained by the City of Carsbad, Detailed plans for the
design of the wall. and landscaping shall be approved prior
to issuance of building permits for any of the lots in this
project.
The parkway behind the sidewalk along the north side of
Tamarack Avenue within the subdivision boundaries and within
the public street right-of-way, shall be landscaped and
irrigated subject to the approval of the Parks and
Recreation Director. Said landscaping and irrigation shall
be maintained by the homeowner's association and this
responsibility shall be clearly stated in the CC&R's.
*-- $5