HomeMy WebLinkAbout1984-06-05; City Council; Resolution 7619J
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RESOLUTION NO. 76 19
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF
CERTAIN CONDITIONS.
TIME FOR TENTATIVE MAP CT 81-34 SUBJECT TO
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, the City Council of the City of Carlsbad on the
7th day of June, 1983, adopted Resolution No. 7234 extending
Tentative Map CT 81-34 for a period of one year to May 17, 1984;
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
Flay 17, 1984, 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 subd7vision 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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8. That Tentative Map CT 81-34, including CP-181, are hereby 12
13 extended for one year from May 17, 1984, to May 17, 1985, subject
WHEREAS, the approval of an extension of Tentative
Map CT 81-34 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;
14/lto the execution and fulfillment of all the conditions of
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1511 Resolution No. 6721 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 a
tentative subdivision map between Donald J. Trabert, Jr. and the
City of Carlsbad, dated May 3, 1984, on file in the Office of the
City Clerk, is attached hereto, and the Mayor is authorized to
execute such agreement 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 the
5th day of June , 1984, by the following vote, to
wit:
AYE S :
NOES: None
ABSENT: None
Council Makers Casler, Lewis, Kulchin, Chick and Presmtt
NARY H. VASLER , Mayor I.
ATTEST: -
(SEAL)
AGREEMENT FOR WAIVER OF PROHIBITION AGAINST THE IMPOSITION OF CONDITIONS UPON THE APPROVAL OF AN EXTENSION OF
A TENTATIVE SUBDIVISION . MAP
This Agr-ement is made this 3rd day of - May ,
19 7 84 between the City of CarlSbad8. a municipal corporation,
(hereinafter called "City") and
as individuals'
Donald J. Trabert Jr. & Kathleq A. Trabert, husband and wife
(hereinafter called "Subdivider") .
RECITALS
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1.' Government Code Section 66452,6(e) and Carlsbad . Municipal
Code Sections 20.12.110 and 10.24.180 permit Subdividers to
request and City to approve8 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
9158 modified 111 Cal. App 3d 788 (1980) indicates that the
to impose new conditions; i.e., those which were not
imposed on the tentative subdivision map8 upon the
extension of the time for expiration of a tentative
subdivision map8 but also held that the City does have
discretion to approve or deny such extensions.
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thdt public facilities to serve the development will be
available concurrent with need as required by City's
general plan.
executed a contract which is on file with - the City Clerk to
Developer agrees to pay said fees and has
. that effect.
8. Because the original approval of sai.d 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.
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 Map 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,
City arguably may not, without the voluntary consent of
Subdivider, impose upon the extension of said Tentative
Subdivigion 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
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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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
the unconditioned extension of Tentative Subdivision Map No. CT 81234
Subdivider knowingly and voluntarily consents to the imposition
of a condition of approval of the extension of Tentative
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3.
Subdivision Map No. 81-34 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
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.
. 4. The provisions of Carlsbad Municipal Code Sections 20.12.110
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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 5.
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..
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 beeh approved.
CITY OF CARLSBAD, a municipal -
’ corporation ATTEST : */@& BY vL---,. s/ &*&/
MAYOR (M’jijor Subdivislons)
CITY ENGINEER (Minor Sub-
divisions ) .-
ALETHA L RAUTENKRAN Z
City Clerk
SUBDIVIDER -
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I DONALD J. TRAB~RT, JR.
APPROVED AS TO FORM:
Attorney-in-fact- of City Attorney Donald J. & Kathleen A.
..
Trabert
(Notarial .acknowledgement of execution by
subdivider must be attached)
(Affix corporate seal if appropriate)
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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 beeh approved.
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ATTEST : */
ALETHA L. RAUT
City Clerk
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. APPROVED AS TO FORM:
/--) / ., a-
ATTORNEY-IN-FACT ACKNOWLEDGMENT
CITY OF CARLSBAD, a municipal
. corporation
CITY ENGINEER (Minor Sub- divisions) ..
S U BD I VIDE - R
DONALD J. TRAWRT, JR. I
NO. 204
1 State of California
County of Sah -go
On this the 3rd day of Mav 19L,
before me, the undersigned Notary Public, personally appeared
Si3 personally known to me
0 proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument as attorney
in fact of^ A- Tr-thPrt (name of
person not appearing before Notary), the principal, and acknowledged to me
that he (he/she) subscribed the principal's name thereto and
Greq Trabert (name of attorney in fact),
his (hidher) own name as attorney in fact.
WITNESS my hand and o ial seal. &:A difl
Id Notary's Signature I/