HomeMy WebLinkAbout1983-05-03; City Council; Resolution 72051
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RESOLUTION NO. 7205
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF
CERTAIN CONDITIONS. TIME FOR TENTATIVE MAP CT 81-21, SUBJECT TO
WHEREAS, Section 66473.5 of the Subdivision Map Act provides
:hat a Tentative Subdivision Map may not be approved unless it is
:onsistent with all applicable general and specific plans; and
WHEREAS, the City Council of the City of Carlsbad on the
lay of September 15, 1981, adopted Resolution No. 6668 approving,
vith conditions, Tentative Map CT 81-21, including CP-167; and
WHEREAS, Tentative Map CT 81-21 is now inconsistent with the
;enera1 Plan of the City of Carlsbad because the City Council has
'ound that public facilities are inadequate; and
WHEREAS, said Tentative Subdivision Map will expire on May 13,
(983, and the Applicant has requested an extension of time which
:annot be approved unless the subdivision can be brought into
onformity with the General Plan; and
WHEREAS, the addition of certain conditions of approval to the
ubdivision will allow it to be found to be in conformity with the
eneral Plan and the Developer has requested the imposition of such
onditions and agreed to comply with them; and
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WHEREAS, the approval of an extension of Tentative Map
CT 81-21 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, 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 CT 81-21, including CP-167 are
hereby extended for one year from May 13, 1983 to May 13, 1984,
subject to the execution and fulfillment of all the conditions of
Resolution No. 6668 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 &&I 21 , 1983 between the
Applicant 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.
lI) D. That this extension is approved in reliance upon said
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81agreement. Any legal challenge to or failure to perform said
approval void and the map shall not be final.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
3(lagreement or the conditions of this resolution shall render this
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Council of the City of Carlsbad, California, held on the
of May , 1983, by the following vote, to wit:
3rd day
AYES :
NOES: None
ABSENT: None
Council &hers Casler, Lewis, Chick, Kulc?xin and Prescott
?zL#&+dL
MARY H. BASLER, Mayor
4TTEST :
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(SEAL)
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AGREEMENT FOR WAIVER OF PROHI DITION
AGAINST THE IMPOSITION OF CONDITIONS
UPON THE APPROVAL'OF AN EXTENSION OF
A TENTATIVE SURDIVISIOtJ MAP .
!d- . This Agrnement is made this 21 - day of Am*/ , - 1
49 - 83 between the City of Carlsbad, a municipal corporation,
I (hereinafter called "City" ) an6 CARINGA INVESTMENT, INC.
a CORPORATION (hereinafter called "Subdivider").
RECITALS
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,- 1.' Government Code Section 66452.6(ej and Carlsbad Municipal
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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") a
* 2, El Patio v. Permanent Relit Cor.trol Board, 110 Cal. App.3d -
915, 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 we're not
imposed on the tentative subdivision map, upon the
extension of the time for expiration of a tentative
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subdivision map, but also held that the City does have
discretion to approve or deny such extensions.
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 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 - 81 - 21
. which was initially approved on SEPTEMBER 15, 1983 e
5.. Since the approval of said Tentative Subdivision Map, City b
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.
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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
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 Lgrees to pay said fees 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
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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
Subdivi2ion 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.
VJithout 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
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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 Subdivisiok 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
with the general plan or Municipal Code by the inposition
of conditions on the extension of tentative subdivision
maps
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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 conditions necessary to ensure consistency
of the tentative subdivision niap with the Subdivision Map
Act, the California Environmental Quality Act, Titles 19,
20 and 21 of the Carlsbad Municipal Code, the City's
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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 the request subjcct to certain conditions will not
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be contrary to the public health, safety, and welfare.
NOW, THEBEFORE, in.consideration of the recitals and of the
mutual convenants set forth herein, City and Subdivider agree as
Eollows :
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.
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2. Subdivider knowingly and voluntarily waives any and all rights to
the unconditioned extension of Tentative Subdivision Map No.CT - 81.- 21
Subdivider knowingly and voluntarily consents to the imposition
of a condition of approval of the extension of Tentative
3.
Subdivision Map NOCT-81-21
which may be in effect at the time of approva1:of the final
which requires payment of any fees
subdivision map for said subdivision or any portion thereof and
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
with the General Plan and the project cannot proceed and
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.
., . the applicant for payment of said fee. If said fee is not
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5. If 'this agreement is for an extension of a tentative subdivision
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. 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 agreexent is subsequently approved by the City Council.
Any action by Subdivider to challenge the legality oE this
. agreement or any failure by Subdivider to pay the fees and
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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 approved.
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CITY OF CARLSBAD, a municipal
ATTEST: corporation .. -.
i
ALETHA L,
City Cler
. BY MAYOR (Major Subdivisions)
CITY ENGINEER (Minor Sub- d i v is ion s ) . .I-
SUBDIVIDER /
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. APPROVED AS TO FCRN:
VINCENT I?. BIONDO, JR., City Attorney
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-_ . Rv
State of California
County of San Diego
'- personally appeared
proved to me on the basis of satisfactory evidence to be the person whose
name is subscribed to this instrument, and acknowledged that ,Q
executed it.
SUSAN 0. KIDDER NOTARY PUBLIC - CALIFORNIA