HomeMy WebLinkAbout1983-05-03; City Council; Resolution 7206, ..
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RESOLUTION NO. 7206
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF
CERTAIN CONDITIONS. TIME FOR TENTATIVE MAP CT 81-35, SUBJECT TO
WHEREAS, Section 66473.5 of the Subdivision Map Act provides
that 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 17th
Jay of November, 1981, adopted Resolution No. 6722 approving, with
:onditions, Tentative Map CT 81-35, including CP-182; and
WHEREAS, Tentative Map CT 81-35 is now inconsistent with the
ieneral 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 17,
1983, 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
iubdivision will allow it to be found to be in conformity with the
ieneral 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 81-35, 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 81-35, including CP-182, are hereby
extended for one year from May 17, 1983, to May 17, 1984, subject to
14the execution and fulfillment of all the conditions of Resolution
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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 Subdivision Map, dated March 30, 1983, between the Native
Sun Investment Group and the City of Carlsbad, on file in the office
Df the City Clerk, is approved and the Mayor is authorized to
execute such agreement on behalf of the City.
lo. 6722 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
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D. That this extension is approved in reliance upon said
greement. Any legal challenge to or failure to perform said
greement or the conditions of this resolution shall render this
pproval void and the map shall not be final.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
ouncil of the City of Carlsbad, California, held on the 3rd day
f May , 1983, by the following vote, to wit:
A Y E S :
NOES: None
ABSENT: None
Council Makers Casler, Lewis, Kulchh, Chick and Prescott
& MARY H.
ITTEST:
SEAL)
G
AGREEMENT FOR WAIVER OF PROHIBITION
AGAINST THE II4POSITION OF CONDITIONS
UPON THE APPROVAL OF AN EXTENSION OF
A TENTATIVE SUBDIVISION MAP .
This Agreement is made this . day of - March I ..
19 83 between the City of Carlsbad, a municipal corporation,
(hereinafter called "City") an2 Native Sun Investment Group - I
a - Limited Partnership (hereinafter called "Subdivider") .
RECITALS
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1.. Government Code Section 66452.6(e) and Carlsbad 14unicipal
Code Sections 20.12.110 and 10.24.180 permit Subdividers to
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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 Cal. App.3d
915, modified 111 Cal. App 3d 788 (1980) indicates that the
to impose new conditions; $.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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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 lsubdivision map shall terminate
all proceedings and that no final map or parcel map for any
. property c0vere.d by the tentative subdivision map shall be
filed without first processing a new tentative subdivision
t map .
4. Subdivider has requested City.to approve the extensioh of
time for Tentative Subdivision Nap No. COT. 81-35
which was initially approved on 11-17-81
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.
6.
.7.
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
has conducted studies which show the need to establish a
public facilities fee in order to provide for public
facilities to6 protect the public health, safety and welfare
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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. Developer $grees to pay said fees and has
executed a contract which is on file with the City Clerk to
. that effect. 1.
8. Because the original approval of said Tentative Subdivision
Map occurred prior to the adoption of the afbrementioned
fees, City did not condition the approval of said Tentative
Subdivision Map with the payment of said fees,
9. Since the initial approval of the Tentative Subdivision Map
i '. 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.
10. 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
pablic health, safety or welfare, or t.he environment or 8
1, 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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prdtected or that the general plan or Municipal Code
requirements are satisfied. Approval of the extension of
. said Tentative Subdivisiop 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 imposition r
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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 cond'itions 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
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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 13.
of time for said tentative subdivision map and finds that
granting the request 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:
1.
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3.
4.
5.
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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.
Subdivider knowingly and voluntarily waives any and all rights to
the unconditioned extension of Tentative Subdivision Map NoC.T.81-35
Subdivider knowingly and voluntarily consents to the imposition
of a condition of approval of the extension of Tentative
Subdivision Map No. 81-35 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 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 applicant for payment of said fee. If said fee is not
.
The provisions of Carlsbad Municipal Code Sections 20.12.110
and 20.24.180, as appropriate, shall governrextension of the
map which is the subject of this agreement.
If th.is 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.
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
. eytension 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 ..
.& BY
ALBTHA L. RAUTENKRANZ, MAYOR (Major Subdivisions)
City Clerk CITY ENGINEER?, (Minor Sub- divisions )
TMENT GROUP
/
'APPROVED AS TO FORM:
VINCENT F. BIONDO, JR., City Attorney
I
t STATE OF CALIFORNIA 3ss.
COUNTY OF- Oranqe --I
_, before me, the undersigned, a Notary Public in and for On March 30, 1983
said State, personally appeared Michael R . MahQney
-1 - a"- personally known to me (or proved to me on the basis of satis-
factory evidence) to be the person that executed the within
instrument as Genwx-1
On behaif of- Native Sun
therein named and acknowledged to me that the partnership
executed it.
WITNESS my hand and official seal.
Signature-N- fi
tt of execution by -
r ched)
a ppropri a t e)