HomeMy WebLinkAbout1984-04-17; City Council; Resolution 75631
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RESOLUTION NO. 7563
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF
CONDITIONS. TIME FOR TENTATIVE MAP 81-35 SUBJECT TO CERTAIN
4 I1 WHEREAS, Section 66473.5 of the Subdivision Map Act provides
'lithat a tentative subdivision map may not be approved unless it is
'Ilconsistent with all applicable general and specific plans; and 7/1 WHEREAS, the City Council of the City of Carlsbad on the 17th
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day of November, 1981, adopted Resolution No. 6722 approving, with
conditions, Tentative Map CT 81-35; and
WHEREAS, the City Council of the City of Carlsbad on the 3rd
day of May, 1983, adopted Resolution No. 7206 extending Tentative
Map CT 81-35 for a period of one year to May 17, 1984; and
WHEREAS, said Tentative Subdivision Map will expire on May
17, 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
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17// WHEREAS, the addition of certain conditions of approval to
181/the subdivision will allow it to be found to be in conformity with
l91/the General Plan and the Developer has requested the imposition of
2011such conditions and agreed to comply with them; and 211/ WHEREAS, the approval of an extension of Tentative Map
22/(CT 81-35 will allow the project to go forward avoiding the
23~~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
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26 WHEREAS, both the Developer and the City wish to extend the
2711map subject to the additional condition; /I /// 28
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the
ity 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
lxtended for one year from May 17, 1984, to May 17, 1985, subject
o the execution and fulfillment of all the conditions of
,esolution No. 6722.
C. That the agreement for waiver of prohibition against the
mposition of conditions upon the approval of an extension of a
.entative subdivision map between the Native Sun Investment Group
ind the City of Carlsbad, dated March 28, 1984, on file in the
Iffice of the City Clerk, attached hereto, is approved, and the
layor is authorized to execute such agreement on behalf of the
:ity.
D. That this extension is approved in reliance upon said
agreement. Any legal challenge to or failure to perform said
igreement or the conditions of this resolution shall render this
ipproval void and the map shall not be final.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad, California, held on the
17th day of April , 1984, by the following vote, to
wit:
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A Y E S :
NOES: None
Council -rs Casler, Lewis, Kulchb and Prescott 6
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ABSENT: Council Member Chick
14 ALETHA L. RAUTENKRANZ, City gerk
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AGREEMENT FOR WAIVER OF PROHIBITION
AGAINST THE IMPOSITION OF CONDITIONS
UPON THE APPROVAL OF AN EXTENSION OF
A TENTATIVE SUBDIVISION MAP
I This Agr-ement is made this 28th day of March
19 84 between the City of Carlsbad, a municipal corporation,
(hereinafter called "City") an6 Native Sun Investment Groux> I I
a a Limited Partnership (hereinafter called "Subdivider") .
RECITALS
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Government Code Section and Carlsbad c Municipal 66452.6(e)
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").
2. El Patio v. Permanent Rent Control 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 were not
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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 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. tentative subdivision
map .
4. Subdivider has requested City to approve the extensioin of
time for Tentative Subdivision Map No. CT
which was initially approved on November 3, 1981 e
Since the approval of said Tentative Subdivision Map, City
has conducted studies which show that the..construction of
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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
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has adopted a major drainage fee or major thoroughfare fee
or both $0 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 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. Developer agrees to pay said fees and has
executed a contract which is on file with the City Clerk to
that effect.
8. 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.
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
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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,
10, City arguably may not, without the voluntary consent of
Subdivider, impose upon the extension of said Tentative
Subdiviqion 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.
Without such voluntary consent of Subdivider to the 11.
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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protected or 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. 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 b
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 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 Municipal Code, the City's
General Plan and to protect the public health, safety and '
welfare.
13. City has reviewed the Subdivider's request for an extension
' 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. 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. CT 81-25
3. Subdivider knowingly and.volun.tarily consents to the imposition
of a condition of approval of the extension of Tentative
Subdivision Map No.CT 81-35which 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
the applicant for payment of said fee. If said fee is not
paid as promised, this application will not be consistent
wifh 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 20.12.110
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 Engineer's
approval, or conditional approval, of the extension by any party
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shall void this agreement unless
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the agreement is subsequen-ly approved by the City Council.
nny 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 beeh approved.
ATTEST : ,.
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City Clerk J
CITY OF CARLSBAD, a municipal corporation
BY 4- ( MAYOR (Wjor Subdivisions)
CITY ENGINEER (Minor Sub- ,divisions) . ,-
,
/General Partker
84 On this the 30thday of March 19-, before me,
State of California
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Countyof San Dieao Janice J. Paddock
the undersigned Notary Public, personally appeared
John B. Lyttle
XXpersonally known to me
0 proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument on behalf of the
partnership, and acknowledged to me that the partnership executed it.
WITNESS my hand and official . n- mi
NATIONAL NOTARY ASSOCIATION 23012 Ventura Blvd. Woodland H~lls. CA91364