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HomeMy WebLinkAbout1982-12-21; City Council; Resolution 71031 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 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 Resolution No. 5050 and 5051, approving with conditions, Tentative Map No. CT 76-15; and WHEREAS, the City Council of the City of Carlsbad on the 15th day of December, 1981, adopted Resolution No. 6742, approving the extension of Tentative Map No. CT 76-15 from December 30, 1981 to December 30, 1982; 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, 1982, 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 imposition of such conditions and agreed to comply with them: and /// /// 3 2 2 4 E E 7 E s 1c 11 12 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 unnecessary 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 WHEREAS, both the Developer and the City wish to extend the map subject to the additional condition; NOW, THEREFOREi, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: A. That the above recitations are true and correct; B. That Tentative Map CT 76-15 and PUD-6 are hereby extended from December 30, 1982 to January 18, 1983, subject to the execution and fulfillment of all the conditions of Resolution No. 5050, 5051 and 6742 and the following additional condition: (1) This approval is expressly conditioned on the payment by the applicant of a public facilities fee as required by City Council Policy No. 17, dated February 24, 1982 and effective April 2, 1982, 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 appli- cation will not be consistent with the General Plan and the project cannot proceed and this approval shall be void. C. That the agreement for waiver for prohibition against the imposition of conditions upon the approval of an extension of a tentative subdiv-sion map dated November 24, 1982 between Sunset Pacific Ltd. and the City of Carlsbad, marked /// /// 1 2 1 Q 4 F; U 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. said agreement or the conditions of this resolution shall render this approval void and the map shall not be final. Any legal challenge to or failure to perform PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the , 198 , by the following vote, 21st day of December to wit: AYES : NOES : ABSENT Council P.mibers Casler, Kulchb, Chick and Presmtt Council bkrher uwis None $% i/. A&&&/ MARY &I. CASLER, MAYOR ATTEST: ITY CLERK KAitbSJ R. KUlbTZ, Deputy City Clerk (SEAL) 6 9 &* 0 - ' EXHIBIT "A" AGREEMENT FOR WAIVER GF PROHIBITION AGAINST TEE INPOSITIOM OF CONDITIONS UPON THE APPROVAL 3F AN EXTENSION OF A TENTATIVE SUBDIVISION MAP This Agrecnent is made this ' 24th day of NOVEMBER I 1982 cc_ between the City of Carlsbad, a municipal corporation, (hereinafter called "City" ) an2 SUNSET PACIFIC, LTD. I a California limited partnership (hereinafter called "Subdivider" 1 .b RECITALS 1.' Government Code Section 66452.6(e) and Carlsbad Municipal .\ Code Sections 20.12.110 and 10.24.180 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 L "Tentative Subdivision Maps"). 2. El Patio v. Permanent Rent Control Board, 110 Cal. App.3d 915, modified 11l.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 the time for expiration of a tentative subdivision map, but: also held that the City does have discretion to approve or deny such extensions. 9 .' I , a: /" ;. .- '.I 'i c, - 3, Government Code Section 66452.6(d) and Carlsbad Municipal Code Sections 20.12.700(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 covere'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. CT 76 - 15 which was initially approved on MAY 3, 1977 i 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. .r 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 .oE 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 8. 9. - -- .. 10. that effect. ._ - Because the original approval of said Tentative Subdivision Map occurred prior to the adoption OT the aforementioned fees, City did not condition the approval of said Tentative Subdivision Map with the payment of said fees. G$-nGe the initial- apgroval-of, the Tentative Subdivision Map 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 environment or to ensure consistency of the extended map-with the City's general plan and Municipal Code.. City arguably may not, without the voluntary consent of Subdivider, impose upon the extension of said Tentative ______ r __ - 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 for extension to ensure that the 11. \ public health, safety and welfare or. the environment are * '3, . 7 , . 1; . .. .!@ .. protected or that the general plan or Municipal Code requirements are satisfied. said Tentative Subdivision Map without assurances that the gees mentioned above would be-paid-for said subdivision would be contrary to the best interests of the City and Approval of the extension of would threaten the City's ability to protect and provide for the public health, safety, and welfare. Subdivider 3grees:that.i.t is in the best interest of City and ~ -- - Subdivider that City be able to protect the public health, 5e L-- safety-and-welgare, 1.- -* _orLth_e environment __ or ensure- -. - consistency - b , yich- the - general pl.an-orzMunic&pal Code.,by the imposition - of -- conditions on the-extension of tentative subdivision 12. . Subdivider realizes that denial of the requested extension .could result in- the' expiration of the tentative subdi.vision map 0 Subdivider would then be required to incur substantia~l costs and time delays in processing a new tentative subdivision map approval of which would be .. . -a . subject to new conditions necessary to ensure consistency oE the tentative subdivision map with the Subdivision Map -Act, the California Environmenkal 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 * 'I welfare. -City has reviewed the Subdivider's request for an extension 13. ' Of time for said tentative subdivision map and finds that granting the request subject to certain conditions will not 4. i be contrary to the public health, safety, and welfare. NOW, THEREFORE, in consj-deration of the recitals and of the mutual convenants set forth herein, City and Subdivider agree as follows: __ J - l* 2. 3. .I I- * 4. 5. 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 deems appropriate. Subdivider knowingly and voluntarily waives any and all rights to &e' unconditioned extension of Tentative Subdivision Map No. 76-15 Subdivider knowingly and voluntarily consents to the imposition of% -conditionLof appr6vSi -of -the extension of Tentative Stibdiv$&:on -MSp-No, 76-15 which:may--be in-effect-at tkie time of approval of the final subdivision map for said subdivision or any portion thereof and to the following-additional conditions: -- _. which requires payment of any fees 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 2/24/82 and effective 4/2/82, OR file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee. paid as promised, this application will not be consistent with the General Plan and the project cannot proceed and If said fee is not this approval shall be void. The provisions of Carlsbad Municipal Code Sections 20.12.110 and 20.24.180, as appropriate, shall govern extension of the map which is the subject of this agreement. 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 * 5. . .:@. _. 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 begn approved. . -_ .. .- - -- -_ In