HomeMy WebLinkAbout1983-08-02; City Council; Resolution 7307II WHEREAS, the approval of an extension of Tentative Map CT I
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80-42, subject to such conditions, in lieu of denial of the map,
will allow the project to go forward avoiding the unnecessary delay
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the imposition of conditions upon the approval of an extension of a
tentative subdivison map, dated June 25, 1982, between James C.
Zolin and Josephine M. Zolin and the City of Carlsbad, marked
Exhibit A and attached hereto, is approved and the Mayor is
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
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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 80-42, including CP-136, are
hereby extended for one year from July 22, 1983 to July 22, 1984,
subject to the execution and fulfillment of all the conditions of
Resolution No. 6416 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 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
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D. That this extension is approved in reliance upon said
lgreement. Any legal challenge to or fa
igreement or the conditions of this reso
ipproval void and the map shall not be f
PASSED, APPROVED AND ADOPTED at
:ity Council of the City of Carlsbad, Ca
lure to perform said
ution shall render this
nal.
a regular meeting of the
ifornia, held on the 2nd
jay of August , 1983, by the following vote, to wit:
AYES : council "hers Casler, Lewis, Kulchin, Chick and Prescott
NOES: None
ABSENT: None
\TTEST :
YA" R. KUNPTZ, Deputy City Clerk
(SEAL)
AGREEMENT FOR WAIT ER OF PRO 1 DITION
UPON THE APPROVAL OF AN EXTENSION OF
AGAINST THE IMPGSJTION OF' CONDITIONS
A TENTATIVE sumxvIsrm I~AP
This Agreement is made this day -of k)L(\.c Is-- 1985 between the City of Carlsbad, a municipal. corporation,
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RECITALS
I. ' Government- Code Section 56452,6(e) and Carlsbad Xunicipal ,
Code Sect ions 20 e 12.11 0 and f 0.24. I80 permit Scbdividers to
request and City to approve, conditionally approve ar deny
extensions of tirne for the cxpi.wation of tentative maps or
tentative parcel maps (hereinafter collectively called
"Tentative Subdivision Maps" ) ,
' 2. E1 Patio v. Permanent Rent Control Board , 110 CaX. App.3d
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915, inodified 111 Cal. App 3d 788 (1980) indicates that the
Government Code (Subdivisi.on Flap Act) may not authorize City
to impose new conditions; ise.f those which were not
imposed on the tentative subdivision map, upon the
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extcnsior! of the time for expiration of a tentative
subdivision mapf but also held that khc City does have
discretion to npprovc or deny such extensions.
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3, Government Code Section 66452.6(d) and Carlsbad Municipal
Code Sections 21). 12 e 100 (d 1 and 20 e 24 160 provide that
expiration of a teniative subdivision map shall terminate
all proceedings and that no final map or parcel map for any
. property covered by the tentative subdivision map shall be
filed without first processing a new tefitative subdivision
map.
4, , Subdivider has requested City-to approve the extensioin of
5.. Since the approval of said Tentative Subdivision Map, City
has conducted studies which show that the..construction of
certain drainage faoilitics or thoroughfares are essential
to protect and provide for the health, welfare, and'safety
of a.11 of the present and future residents of City,
inclr:ding those who will resj.de in said subdivision.
6, Since the approval of said Tentative Subdivision Map, City
has zdopted 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 conc!iucted 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 prescnt and future residents of City and to ensure
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that public facilities to serve the development will he
available concurrent with need as required by City’s
. general plan. Devel’oper agrees to pay said fees and has
executed a contract which is on file with the City Clerk to
. that effect.
E, Because the original approval of said Tentative Subdivision
Map occurred prior to the adoption of the aforernentioned
fees, City did not. condition the approval of said Tentative
Subdivision Nap with. ,the payment of said fees.
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9, Since the initial approval of the ‘renkatj-ve Subdivision Ma.p
. there may have been changed circumstances which require
additional conditions of approval. on the cxtensioii of the
Tentative Subdivision Nap to protect the public health ,
safety, am3 welfare, to mitigate affects on the environment
or to ensure consistency of the extended map with the City’s
general. plan aiid Municip;ll Code
10. City arguab1.y may not, without the voluntary consents. of
SubGivider, impose upon the extension of saj-c? Tentative
Subdiviqion i4ap conditions requiring payment of the fees
merr’cioned above or cor?ditions necessary to protect the
publie health, safety or welfare, or the environment or
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ensure consistency with the general plan or Municipal Code.
Wikhout such voluntary consent of Subdivider to the
imposition of conditions City may be required to deny
Subdivider’s rcqucst for extensj.on to ensure that the
pilb3.j.c health, safety and welfare or the environment are
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pro'tccted OK 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 e 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
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. with the general plan or Municipal Code by the imposition
of conditions an the extension of ten.tative subdivision
maps t
'82 Subdivider realizes that denial of the requested extension
could result iiz 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 map with the Subdivision Map
Act, the California Environmental Quality Act, Titles 19,
20 and 21 of the Carlsbad Nunicipal Code, the City's
General Plan and to protect the public health, safety and
welfare.
13. City has rcvicwd the Subdivider's request: for an extension
' of time Cor snici tentative subdivision map and finds that
grai-itii~ic~ the rcqucsk sub:jc!ct to ccrtain conditicns will !lot
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be contrary to the public health, safety, and welfare.
NOW, TI-IEREFORE, in consideration of the recitals and of the
mutual convcnants set forth herein, City and Subdivider agree as
fol.loF7S:
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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 No -I_I-
Subd.ividcr knowingly and voluntarily consents to the iinposition
of a conditj-on of approval of the extension of Tentative
Subdivision Map No 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 followirig additional conditions :
This approval is expressly conditjoned on the paymeJit 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 cxecizted by
the applicant for payn?ent 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.
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The provisions of Carlsbadl 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 Enghecr's
approval
sIial.1 void this ayrcemcnt unless
or conditional approval, of the extcnsion by ar,y party
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the agreemen? is suhseyucntly approved by the City Council.
Any action by Subdivider to cflallenge the legality of this
agrccrnent-. OK 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
nap shall not final ana' the development shall not proceed
until a new tentative subdivision map has bcgn approved.
CIT'Y OF CARLSBAD, 2 municipal
ATTEST : corporation
b
-I-- _---- By- .1 AI,BTHA 1;. RAUTC>?KRANZ MAYOR ( PI s ] or S u 1x3 v 1 s 3. oii s )
City Clerk CITY EXGINZER (Minor Sub- divisions) .-
S U BD 1 VIDE R
STA'I'E OF CALIFORNIA } ss. f*wdzL_-
c_ On this
a Notary Public in and for said County and State, personal!y appeared
personally known to me (05 proved to me on thq basis of pisfactory evidence) to be the
personally know to me (or proved to me on the basis of satisfactory evidence) to be the
Sccrctary of the corporation that execuled the within instrument,
and known to me to be the persoris who execulbd the within
iristrument on behalf of the corporation therein rramed, and
acknowledged to me that such corporation executed tlie same,
WITNESS my tiand and official seal.
-, 19=, before me, the undersigned, r----
_2_ __ __c .-.---- - - __-- - - of e.xecution by .
lea)
ppropri a te)
(y~+&&p .(7, @/ &J4J 1 President, and Acf:J - -
pursuant to its by laws, or a resolution of its Board of Directors. tJOTARY F'UOLIC - CALIFORNIA
OllAFICE f.O:JtJiY
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(This arm lor ollicial soal)