HomeMy WebLinkAbout1983-03-15; City Council; Resolution 71601
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RESOLU TI ON NO. 7160
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF
TIME FOR TENTATIVE MAP CT 80-14 SUBJECT TO
C E RTA I N C 0 ND I TI ONS .
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
4th day of March, 1980, adopted Resolution No. 6292 approving,
with conditions, Tentative Map 80-14, including PUD-16; and
WHEREAS, Tentative Map CT 80-14 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
March 4, 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 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
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WHEREAS, the approval of an extension of Tentative Map
CT 80-14 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
WHEREAS, both the
the map subject to the add
conditions; and
Developer and the City wish to extend
tional condition;
NOW, THEREFORE, 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 80-14 including PUD-16 are hereby
extended for one year from March 4, 1983 to March 4, 1984,
subject to the execution and fulfillment of all the conditions of
Resolution Nos. 6292 and 6797 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.
C. That the agreement for waiver of prohibition against
the imposition of conditions upon the approval of an extension of
a tentative subdivison map dated March 1, 1983 between
Diversified Finanacial System and the City of Carlsbad, on file
in the City
authorized to execute such agreement on behalf of the City.
Clerks Office, is approved and the Mayor is
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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 the
15th day of Pa& , 1983, by the following vote, to
wit:
AY E S :
NOES: None
ABSENT: None
Council Me&ers Casler , Lewis, Kulchin, Chick and Prescott
-- I NARY H. GPSLER, Mayor
ATTEST:
(SEAL)
0
AGREEMENT FOR WAIVER OF PROHIBITION
AGAINST THE IMPOSITION OF' CONDITIONS
UPON THE APPROVAL OF AN EXTENSION OF
A TENTATIVE SUBDIVISION MAP
..
This Agr-ernent is made this 1st day of March f
1981 between the City of Carlshad, a municipal corporation,
.
(hereinafter called ''CitY") ani: Coastal Equities, Inc., DBA DiveFsified
a Corporation (hereinafter called "Subdivider") . Financial System
RECITALS -
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1.' Government Code Section 66452.6(e) and Carlsbad Municipal
\
Code Sections 20.12.110 and 10.24.180 permit Subdividers to
request a.nd 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" ) .
CI El Patio v. Permanent Rent Control Board, 110 Cal. App.3d . 2.
- 915, modified 111 Cal. App 3d 788 (1980) indicates that the
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Government Code (Subdivision Nap Act) may not authorize City
to impose new condition?; 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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Government Code Section 66452.6(d) and Carlshad 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 any
property covere'd by the tentative -subd-ivision map shall- be
- --
filed without first processing a new.. t e ri t at ive -s u bd iv i s ion
. - _- - - __ - - . . _. __ __ .. . __ - . - I-_ - map .
Subdivider has-requested City to approve the extensioin of
time for Tentative Subdivision Map No. CT 80-14
which was initially approved on September 2, 1980 .
b 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.
Since the approval of the Tentative Subdivision Map, City . 07,
has conducted studies which show the need to establish a
public facilities fee in order to provide for public
Eacilities to protect the public health, safety and welfare
of the present and future residents of City and to ensure ..
that public facilifies to serve the-development will be
available concurrent with need as required by City's
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. 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 origj.na1 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-Ifees. - -- - __
9. Since the initial approval of the-Tentative - -- - Subdivision - . - - __ Map
~ . there may have been changed circumstances which require b
~dditional-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 extefided map with the City's
general plan and Municipal Code.
IO. City arguably may not, without the voluntary consent of
Subdivider, impose upon the extension of said Tentative
Subdivi%ion 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
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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 health,
safety and welfare, or the environment or ensure consistency
i
. with the general plan or Municipal Code by the imposition
of 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 condttions necessary to ensure consistency *
of the tentative subdivision map with the Subdivision Map
Act, the California Environmental Quality Act, Titles 13,
20 and 21 of the Carlsbad Municipal Code, the City's
General Plan and to protect tlie public health, safety and '
welfare.
13. City has reviewed the Subdivider's request for an extension
granting the rcqucst subject to certain conditions will not
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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 agree as
follows:
-- - . ..
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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.
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Subdivider knowingly and voluntarily waives any and all rights to
the unconditioned extension of Tentative Subdivision Map N0.c~ 80-14
Subdivider knowingly and voluntarily consents to the imposition
of a condition of approval of the extension of Tentative
Subdivision Map No.CT 80-lhhich 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 and
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to the following additional conditions:
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, on file with the City Clerk and incorporated herein
by reference, and according to the agreement executed by
paid as promised, this application will not be consistent
this approval shall be void.
-.
-. . the applicant for payment of said fee. If said fee is not
. - with the General Plan and the project cannot proceed and
s
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
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-the agreement is- subsequently approved by the City Council.
Any action by Subdivider to challenge the legality of this 6,-
. 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 beeh apgcoved.
- -- .- _. .- - - CITY OF CARLSBAD, a municipal
ATTEST : corporation
*- - _.
- ALETHA L. RAL'TENKRAN Z
City Clerk- CITY ENGINEER (Minor Sub- divisions ) . ...
SUBDIVIDE
33
Diversified Financial Systems
_-
State of f ornia
County Of San Dieqo -
X)n this 15th day of February , in the year
_I_-
1983 I before me personally appeared M. James Lorenz
;personally known to me bk proved to me
on the basis of satisfactory evidence) to be the
person who executed the within instrument as Trustee
or on behalf of the corporation therein named and
acknowledged to me that: the corporation executed it.
__.
OP>d/7 *A /%/PA/+-