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Home My WebLink About1983-01-18; City Council; Resolution 71191 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7119 A RESOLITION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR TENTATIVE MAP CT 80-9(A), INCLUDING PUD-ZO(A) AND CP-60, STJaTECT TO CERTAIN CONDITIONS WHEREAS, Section 66473.5 of the Subdivision Map Act provides tha a Lentative subdivision map may not be approved unless it is consistent with all lpplicable general and specific plans; and WHEREAS, the City Council of the City of Carlsbad on the 15th day of July, 1980, adopted Resolutions No. 6233, 6234, and 6235 approving, with conditions, rentative Map CT 80-9, Condominium Permit CP-60 and Planned Unit Development ?UD-ZO; and WHEREAS, the City Council of the City of Carlsbad on the 3rd day of Vovember, 1981, adopted Resolution No. 6720 amending Tentative Map CT 80-9(A) and Planned Unit Development PUD-ZO(A), Council has found that public facilities are inadequate; and WHEREAS, said Tentative Subdivision Map will expire on January 15, 1983, 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 certainmnditionsof 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 WHEREAS, The approval of an extension of Tentative Map CT 80-9(A) 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 4 __ 1 2 3 4 5 6 7 e 9 1c 11 12 12 14 1: 1E 17 1€ 15 2c 21 2; 2: 24 2: 2E 27 2E 0 same set of conditions; and llrHEREAS, both the Developer and the City wish to extend Le map subject :o the additional condition; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, Zalifornia, as follows: A. B. That the above recitiations are true and correct; That Tentative Map CT 80-9(A), PUD-20, and CP-60 are hereby extended For one year from January 15, 1983 to January 15, 1984, subject to the execution md fulfillment of all the conditions of Resolutions No. 6233, 6234, 6235, 6720 md 6752, 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 application will not be consistent with the General Plan and the project cannot proceed and this approval shall be void. That the agreement for waiver of prohibition against the imposition of :onditions upon the approval of an extension of a tentative subdivision map dated JanUary 6, 1983 between The Woodward Carp anies and the 3ty of Carlsbad, marked Exhibit A and attached hereto, is approved and the May01 is authorized to execute such agreement on behalf of the City. C. 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 tl ity of Carlsbad, California, held on the 18th day of January , 1983, by the following vote, to wit: /// /// /// .r 27 28 AYES: NOES : None ABSENT: None Council ers Casler, Lewis, Kulchh, Chick and Prescott ,TEST : .. AGREEMENT FOR WAIVER OF PROHIBITION AGAINST TEE IMPOSITION OF CONDITIONS UPON THE APPROVAL OF AN EXTENSION OF A TENTATIVE SUBDIVISION MAP I ' This Agreement is made this 6th day of January 19 - 83 between the City of Carlsbad, a municipal corporation, (hereinafter called "City" ) an6 a Individual (hereinafter called "Subdivider"] I The Woodward Companies \ RECITALS i 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 "Tentative Subdivision Maps"). * 2. El Patio v. Permanent Rent Control Board, - 110 Gal. App.3d - 975, 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 the time for expiration of a tentative discretion to approve or deny such extensions. .I !. ' I ,. L. 3. Government Code Section 66452.6(d) and Carlsbad Municipal Code Sections 20.12.100(d) 2nd 20.24.160 provl -de that expiration of a tentative subdivision map shall terminate all proceedings and that no final map or parcel map for any . property covered by the tentative subdivision map shall be - filed without first processing a new tentative subdivision 4.-- -. map Subdivider has requested City to approve the extensioin of time for Tentative Subdivision Map No. CT 80-9(A) c which was initially approved on June 11, 1980 - 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 b of all of the present and future residents of City, including those who will reside in said subdivision. Since the approval of said Tentative Subdivision Map, City has adopted a major drainage fee or major thoroughfare fee - - 6. or both to provide the funds to construct the necessary drainage facilities and thoroughfares. 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 *7. . _.,_ of the present and future residents of City and to ensure 2. .* 8. 9. 10. TI. .j ._ 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. .. Because the original approval of said Tentative Subdivision Map occurred prior to the adoption of the aforementicned 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 4 b there may have been changed circumstances which recjuire additional conditions of approval on the extension of the Tentative Subdivision Flap to protect the public health, safety, and welfare, to mitigate affects on the environment or to enslire consistency of the extended map with the City's general plan and Municipal Code. City arguably may not, without the volcrntary 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. Without such voluntary consent of Subdivider to the inposition of conditions City may be required to dcny Subdivider's request for extension to ensure that the public health, safety and welfare or the environment are * 3, 7 . f' * . .. *. @ 12. 13. protected or that the general plan or Municipal Code requirements are satisfied. said Tentative Subdivision Map without assurances that the Approval of the extension of 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 conditions on the extension of tentative subdivision maps. 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. City has reviewed the Subdivider's request for an extension of time for said tentative subdivision map and finds that: granting thc request subject to certain conditions will not 4. e be contrary to the public health, safety, and welfare. NOW, THEREFORE, in consideration of the recitals and of the mutual convenants set forth herein, City and Subdivider asree 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 deems appropriate. Subdivider knowingly and voluntarily waives any and all rights to the unconditioned extension of Tentative Subdivision Map No. CT 80-9.(A) Subdivider knowingly and voluntarily consents to the ixpositioz. of a condition of approval of the extension of Tentative 2. 3. Subdivision Map N0.m 80-9 @)which requires 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 an5 to the followj-ng additional conditions: This approva: 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, on file with the City Clerk and incor2orzted hersir. by reference, and according to the agreement executod by paid as promised, this application will not be ccnsistent with the General Plan and the project cannot proceed and this approval shall be void. ., , the applicant for payment of said fee. If said fee is not 4. 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 ayreeinent. * 5. If this agreement is for an extension of a tentative subdivisicn 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. Any action by Subdivider to challenge the legality of this . agreement or any failure by Subdivider to pay the fees and r6. .- -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. .. CITY OF CARLSBAD, a municipal ATTEST: corporation .- .I BY yz&+h!i& ' - U! b/K- MAYOR (ME;(jlor Subdivisions) CITY ENGINEER (Minor Sub- ALETHA r,. RAUTENKIUNZ, City Clerk ~ divisions } . .-- - SUBDIVIDER sident) C m 0 .- L a e +, .- u. v- 0 0 rn hn~~n17m? TO FORM: .. 1 STATE OF CALIFORNIA )ss. COUNTY OF-. Oranqe 1 On January 6, 1983 ,before me, the undersigned, a Notary Public in and for said State, personally appeared -__ Scott E. Woodward f execution by personally known to me (or proved to me on the basis of satis- 31 propri a t e) factory evidence) to be the person(s) whose name(s) islare sub- scribed to the within instrument and acknowledged to me that WTKW f'UL18LK: - CAL1FWA PRINCIPAL OFFICE I G-m he/she/they executed the same. WITNESS my hand and official seal. (This area for official notarial seal)