HomeMy WebLinkAbout1983-07-19; City Council; Resolution 72971
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RESOLUTION NO. 7297
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF
TIME FOR TENTATIVE MAP CT 81-39 SUBJECT TO
CERTAIN CONDITIONS.
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
2nd day of February, 1983, adopted Resolution No. 6777 approving,
with conditions, Tentative Map CT 81-39, including CP-185; and
WHEREAS, Tentative Map CT 81-39 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
August 2, 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
8:.-39, subject to such conditions, in lieu of denial of the map,
w.11 allow the project to go forward avoiding the unnecessary
d(!lay to the City and to the Developer involved with denial and
tlie new application which would then be approved subject to the
slime set of conditions; and
WHEREAS, both the Developer and the City wish to extend
tlie 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 81-39 are hereby extended for one
y?ar from August 2, 1983, to August 3, 1984, subject to the
execution and fulfillment of all the conditions of Resolution No.
6777 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
P tentative subdivison map dated April 5, 1983, between the
/.pplicant and the City of Carlsbad, marked Exhibit A and attached
bereto, is approved and the Mayor is authorized to execute such
iigreement on behalf of the City.
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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 the19th
day of Jay , 1983, by the following vote, to wit:
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Ay ES :
NOES: NOne
ABSENT: Nore
Cmcil lh-bers Casler, Lewis, Chick and Presaott
I MARY H. IASLER, Mayor
ATTEST:
(SEAL)
.-
AGREEMENT FOR WAIVER OF FROB1 BITION
UPON THE APPROVAL OF AN EX'L'ENSION OF
A TENTATIVE SUBDIVISION MAP
AGAINST THE IMPOSITION OF' CONDITIONS
I This Agreement: is made this 5th day of April --
19 oI__ 83 between the City of Carlsbad, a municipal corporation,
I (hereinafter called "Ckty") and T,~' HotAl 7-
a - California General partnSL4hereinaEter called "Subdivider").
ship
RECITALS
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Government Code Section 66452. G(e) and Carlsbad Municipal
Code Sections 20 e 12.11 0 and 10 e 24 i 80 permit Subdividers to
request and City to approver conditionally approve 'or deny
extensions of time for the expiration of tentative maps or.
tentative parcel maps (hereinafter collectively calle2
"Tentatj.ve Subdivision Maps" ) e
El. Patio v. Permanent Rent --__--- Control Boarc7,
915, modified 111 Cal. App 3d 768 (1380) indicates that the
Government Code (Subdivision Map Actj may not authorize City
to impose new conditions; i.e.r those which were not
imposed on the tentative subdivision map, upon the
extension of the time for expiratj.on of a tentative
subdivision map, but also h'elcl that the City does have
discretion to approve or deny such cxtcnsions.
110 Cal e App.3d CII-
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' Government Code Section 66452,6(d) and Carlsbad Municipal'
Code Sections 20.12.100(d) and 20.24.160 provide that
expiration of a tent'ative subdivision map shall terminate
all proceedings and that no final map or parcel map for any
property c0vttre.d by the tentative subdivision map shall be
filed without first processing a new tentative subdivision
map e
Subdivider has requested City .to approve the extensioin of
time for Tentative Subdivision Map No. - 81-39
which was initially approved on 2-2-82 .
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
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to protect and provide for the health, welfare, and'safety
of i;ll of the present and future residents of City,
including those who tiill reside in said subdivision.
Since the approval of said Tentative Subdivision Map, City
has adopted a. major drainage fee or major thoroughfare fee
or both fo provide the funds to construct the necessary
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drainage facilities and thoroughfares.
.7* Since th,e approval of the Tentative Subdivisiox-. Map, Ci.ty
has conducted studj.es which show the need to establish a
public facilities Cee in order'to provide for public
facilities to protect the public health, safety and welfare
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that public Eacilities to serve the gevelopment will be
avail.ahle 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
1 that effect.
8. Because the orrigha1 approval of said Tentative Subdivision
Map occurred pri.or to the adoption of the aforementioned
fees, City did not condition the approval o€ said Tentative
Subdivision Map with - the payment of said fees.
9. 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
Tentative Subdivision Nap to protect the public health I
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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 10.
Subdivider, impose upon the extension of said Tentative
Subdiviqion Map conditions requiring payment of the fees
mentj-oned 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. Nithout 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
pub1.i~ 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 Subdi'vision 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 abilit; 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
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maps
Gubdivider realizes that denial of the requested extension
could result in the expiration ..
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
of the tentative subdivision
subject ,to new conditions necessary to ensure consistency
of the tentative subdi.vision map with the Subdivision Map
Act, the California Environmental Quality Act, Titles 19,
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20 and 21 of the Carlsbad Municipal Code, the City's
General Plan and to protect tile public health, safety and
welfare ....
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.e City has reviewed the Subdivider's request for an extension
of time for said tcntati.ve 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. 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 2.
the unconditioned extension of Tentative Subdivision Map No.81-39 .
3, Subdivider knowingly and voluntarily consents to the imposition
of a condition of approval of the extension of Tentative
Subdivision Map No. 81-1~~ which requires payment of any fees
which may be in effect at the time of approval of the final
subdivision map fox said subdivision or any portion thereof and
to the following additional conditions: I
This approval is expressly conditioned on the payment bj
the applicant of a public facilities fee as required by
City Council Policy No. 17, issued 2/24/82 ana' effective
4/2/82, on file with the Cit-y Clerk and incorporated herein
by reference, and according to the agreement executed by
&he applicant for payment of said fee. If said fee Is not
paid as promised, this application will not be consistent
w.ith the General Plan and the project cannot proceed and
this approval shall be void.
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4. The provisions of Carlsbad Municipal Code Sections 20.12.11.0
and 20.24.180, as appropriate, shall govern extension of the
map which is the subject of this agreement.
5. If this agreerilent 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 agreemeat 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,
map shall not final and the development shall not proceed
until a new tentative subdivision map has be<n approved.
The .
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CITY OF CARLSBAD, a municipal ATTEST: corporation
SUBDlVIDERLa Costa Hotel & Spa
B
>> 1.
City Attorney
! " (Notarial acknowl edgcment of execution by .
subdivider must be attached)
(Affix corporate . seal if appropriate)
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T. NO. “00630
‘46 CA (7-82)
.nersh ip)
STATE OF CALIFORNIA
COUNTYOF San Diego
-I- e - I TITLE INSURANCE AND TRUST
Ancm COMPANY
On April 5, 1983 before me, the undersigned, B Notary Public in and for
said State, personally appeared Paul Graham
, personally known to me or I ’
proved to me on the basis of satisfactory evidence to be
the person I who executed the within instrument as Amt of the partners of the partnership that executed the within instrument, and acknowledged
to me that such partnership executed the Sam$. WITNESS my hand and official sed.
Signature
. (This area for official notarial seal)