Loading...
HomeMy WebLinkAbout1983-06-07; City Council; Resolution 7234RESOLUTION NO. 7234 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR TENTATIVE MAP 81-34 SUBJECT TO CERTAIN CONDITIONS. 1 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 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 17th day of November, 1981, adopted Resolution No. 6721 approving, with conditions, Tentative Map CT 81-34, including CP-181; and WHEREAS, Tentative Map CT 81-34 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 May 17, 1983, 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 //I /// /// //I /// 1 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 WHEREAS, the approval of an 81-34, subject to such conditions, i will allow the project to go forward extension of Tentative Map CT lieu of denial of the map, 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 map subject to the additional condition; NOW, THEREFORE, BE IT RESOLVED by the City Counc City of Carlsbad, California, as follows: extend thc 1 of the A. That the above recitations are true and correct; B. That Tentative Map CT 81-34, including CP-181, are hereby extended for one year from May 17, 1983 to May 17, 1984, subject to the execution and fulfillment of all the conditions of Resolution No. 6721 and the following additional condition: 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 Februar. 24, 1982 and effective April 2, 1982, on file with thc 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 wit1 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 May 5, 1983 between the applicant an( 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. /// -2- 4 1 2 3 4 F Q c 7 I < 1( 1: 1: 1: 12 1 1 1 1 1 2 2 2 2 2 2 2 2 2 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 ity Council of the City of Carlsbad, California, held on the7th ay of June , 1983, by the following vote, to wit: AYES : NOES: None ABSENT: Nore Council Mmbers Casler, Wwis, Kulchin, Chick and Prescott 1 MARY H. KASLER, Mayor \TTEST: :SEAL) -3- .. -. ._ , AGREEMENT FOR WAIVER OF PROHIBITTON AGAINST THE IMPOSITION OF CONDITIONS UPON THE APPROVAL OF AN EXTENSION OF A TENTATIVE SUBDIVISTON MAP .This Agreement is made this 5th day of May I 19 83 between the City of Carlsbad, a municipal corporation, (bereina€ter called "City") and Trabert husband and wife ips individuals (hereinafter called "Subdivider"). Donald J- Trabert Jr. & Kathken A. 1. 2.. RECITALS Government Code Section 66452.6(e) and Carlsbad Municipal Code Sections 20.72.110 and 10.24.180 permit. Subdividers to request and city to approve, conditionally approve or deny extensions oE tjme for the expiration of tentative maps or . tentative parcel maps (hereinafter collectively called "Tentative Subdivision Mape"). E1 Patio v. Permanent Rent Control Board, 110 Ca1. App. 3d 915, modified 111 Cal. App 3d 788 (1980) indicates that th- Government Code (Subdivision Map Act) may not authorize city to $mpbse new conditions: i.e., those which were not imposed on .the tentative subdivision map, upon the extension of t%e time for expiration of a tentative subdivision map, but also held that the City does haw discretion to approve or deny such extensions. 0 .. . .. .'. . 1: 3. Government Code Section 66452.6(d) and Carlsbad Municipal Code Sections 20.12,lOO(d) and 20.24.160 provide that expiration of a tentative subdivision map shall terminate all proceedings and that no final map ar parcel map for any property covered by the tentative subdivision map shall be filed without first processing a new tentative subdivision ma@. ? 4. Subdivider has requested City to approve the extensioin OF . time €or Tentative Subdivision Map No. CT 81-34. which was initially approved on October 14, 1981 - . 5. Since the approval of said Tentative Subdivision Map, City has conducted studies which show that the construction of certain drainage facilities or thorouqhfares are essential to protect and provide for the. health, wel'fare, and safcrt y . of all of the present and future residents of Citys including those who will reside in said subdivis'ion. 6. Since the approval o€ said Tentative Subdivision Map, City has arloptpd a major drafnaqe fee or major thorouqhfare fpcr . or both to provide the funds to construct the necessary " dt-ainaqe facilities and thorouqhfares. , 7. Since the approval of the Tentative Subdivision Map, City has conduct4 studies which show the need to establish a public facilities Fee in order to provide for public facilitips to prot*ecF the public hcnlth, safety and we1far.c .. .. .. of the prpTcnt and ftitrire-rcsidcntr; of Cfty.and to enstrrc 2. I . that public facilities to serve the development will be available concurrent with need as required by City's . general plan. Developer aqrees to pay said fees and has executed a contract which is on file with the City.Clerk lo. that effect. 8.. Because the oriqinal approval of said Tentative Subdivision Hap occurred prior. to the adopt ion of the aforenent ioned 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 Shbdivisisn Map there may have been changed circumstances which require additional conditions of approval on the extension of the Tentative Subdivision Flap to protect. the pub1 ic health , safety, and welfare, to mitigate affects on the environment 9 9. .. or to ensure consistency of the extended map with the City's general plan and Municipal Code. 10. City arquably may not, without the voluntary consent or SuMivider,. impose upon the extension of said TentntivP .Subdivision Map conditions requirinq 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 Iw requ1rcrl to deny Suhdividcr'q rpqiicst for extension to enstrrc, that the .. public hcalth, safety and welfarp or the environment are 3. e . . .. '. . ' *. .c 1;. , .. I. protected or that the qeneral plan or Municipal Code requirements are satisfied. 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 Approval of the extension of 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 publ.fc 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. 12. Subdivider realizes that denial of the requested extension could result in the ex'piration 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 9 of the tentative subdivision map with the Subdivision Map nct, the CaliEornia Environmental Quality Act, Titles 19, ., .* . .. : 20 and 21 of the Carlshad Municipal Code, the City's 1. General Plan and to protect the public health, safety and we1 fare. * City has reviewed the Subdivider's request .For an extension of time for said tentative subdivision map and finds that # 13. granting the request subject to certain conditions will not 4. be contrary to the ptiblic health, safety, and welfare. , NOW, THEREFORE, in consideration of the recitals and of the mutual covenants set forth herein, City and Subdivider agree as 1. 2. 3. 4. 5. City agrees to extend Subdivider's Tentative Subdivision Map for one year subject to whatever new or revised condi.tions 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 81-34 . Subdivider knowingly and voluntarily consents to the imposition of a condit-lon of approval of the extension of Tentative Subdivision Map No.CT 81-34 the payment of any fees which may be in effect at the time of approval of the final subdivision mag for said which requires subdivision or any portion thcreof and to the followinq additional .conditions: S The provisions of Carlsbad Municipal Code Sections 20.12.110 and 20.24.180, as appropriate, shall Qovern the extension of the map which is the subject of this agreement. If this agreement is for an extension of a tentative subd€.vision map for a minor subdivision, tk appeal of the' City Engineer's approval, or conditional approval, of the I extension by any part.y shall void this agreement unless 5. /f * ? :<. I' I I . .. . -'I 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 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 beer3 approved. 6. .. .. CITY OF CARLSBAD, a municipal ATTEST: corpora t ion b BY ALETMA L. RAUTENKRRNZ, City Clerk MAYOR (Major Subdivisions 1 CITY ENGTNCER (Minor Suh- d iv is ions ) SURDTVTDER .. Donald J. yrabert Jr. -- City Attorney .' Notarial acknowledgement of . ___ ._"__I__ - - __-_ . - __I attached- _- execution *_I_ 6.