HomeMy WebLinkAbout1984-07-03; City Council; Resolution 76521
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 7652 --
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF
TIME FOR TENTATIVE MAP 81-46 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
20th day of July, 1982, adopted Resolution No. 6947 approving,
with conditions, Tentative Map CT 81-46; and
WHEREAS, Tentative Map CT 81-46 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 July
20, 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 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
WHEREAS, the approval of an extension of Tentative
Map CT 81-46 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;
B. That Tentative Map CT 81-46 is hereby extended for one
year from July 20, 1984, to July 20, 1985, subject to the
execution and fulfillment of all the conditions of Resolution
No. 6947 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 the
imposition of conditions upon the approval of an extension of a
tentative subdivision map between Signal Development and the City
of Carlsbad, dated June 1, 1984, on file in the Office of the City
Clerk, is approved, and the Mayor is authorized to execute such
agreement on behalf of the City.
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.
Ill
/I/
Ill
Ill
Ill
5-
1
i
i
t
!
1(
1:
1:
1:
11
It
IC
1:
1E
15
2c
21
22
22
24
25
26
27
28
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad, California, held on the
3rd day of July , 1984, by the following vote, to
wit:
AYES:
NOES: None
ABSENT: None
Council Errbers Casler, Lewis, Kulchin, Chick and Presmtt
%- &/. kA
MARY H. PSLER, Mayor
ATTEST:
(SEAL)
6
AGREEMENT FOR WAIVER OF PROHI BITION
AGAINST THE IMPOSITION OF CONDITIQNS
UPON THE APPROVAL OF AN EXTENSION OF
A f?"ENTATIVE SUBDIVISION MAP ..
This Agreement is made this lst day of ,T,,~@
19 - 84 between the City of Carlsbad, a municipal corporation,
(hereinafter called "City" ) ani Airport Business Center
a Joint Venture (hereinafter cailed "Subdivider").
Pahtmr Business Park d.b.a.
-
RECITALS
b
1 .. Government Code Section 66452.6(e) and Carlsbad Municipal
z
. 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
ten-tative 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
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.
I-
-._
I . *.
* .,. 1
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 covere-d by the tentative subdivision.map shall be
filed without first processing a new tentative subdivision
map.
Subdivider has requested City-to approve the extensioin of
i
f
t
4.
time for Tentative Subdivision Map No. C.T.81-46
which was initially approved on - 7/6/82 .
b 5. 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
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
has adopted a major drainage fee or major thoroughfare fee
or both to provide the funds to construct the necessary
drainage facilities and thoroughfares.
.7. 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 provi.de for public
facilities to protect the public health, 1 safety and welfare .- -
of the present and future residents of Citi and .. to ensure
2..
I 1
.
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. i
8. Because the original approval of said Tentative Subdivision
Map occurred pribr 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 i
additional condit'ions of approval on the extension of the
Tentative Subdivision Flap 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.
.- 1.0. City arguably may not, without the voluntary consent of
C. Subdivider, impose upon the extension of said Tentative
Subdivi5ion 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
..
t
-
-11.
+
I
public health, safety and welfare or the environment are
I . 3. i- 1
o.
public health, safety and welfare or the environment are
. 3. i- I
1
o.
..
- ..
protected or that the general plan or Municipal Code
12.
13.
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
b
with the aeneral
of conditions on
maps,
plan or Municipal Code by the imposition
the extension of tentative subdivision
.- I-
..
'_ 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 -5
of the tentative subdivision map with the Subdivision Map
Act, the California Environmental Quality Act, Titles 19,
20 and 21 of the Carlsbad Elunicipal Code, the City's
General Plan and to protect the public health, safety and
welfare.
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 -..
. '.. e
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.
2.
3.
4.
5.
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. i
Subdivider knowingly and voluntarily waives any and all rights to I
I
the unconditioned extension of Tentative Subdivision Map No. 81-46.
Subdivider knowingly and voluntarily consents to the imposition
of a condition of approval of the extension of Tentative
Subdivision Map No. 81-46 which requires payment of any fees
which may be in effect at the time of approval of the fhal
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
paid as promised, this application will not be consistent
this approval shall be void.
*. . the applicant for payment of said fee. If said fee is not
-with the General Plan and the project cannot proceed and
'
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
I
shall void this agreement unless
1 5. I
6.
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 tent-ative subdivision map has begn approved.
i
ATTEST:
..
.L
ALETHA L. RkUTENKRANZ.
City Cperk
:APPROVED AS TO FORM:
CITY OF CARLSBAD, a municipal
corporation
Bv A MAYOR (klajor Subdivisions)
CITY ENGINEER (Minor Sub-
divisions ) . .--
SUBDIVIDER
VINCENT F. BIONDO, 3R.r City Attorne
I
._ ~ ..
.. -
7
BY DANIEL S. HENTSCHKE, Assistant
City Attorney t
I
I
(Notarial acknowledgement of execution by -
subdivider must be attached)
(Affix, corporate seal if appropriate)
.-
6. I ..
1
.
PALOMAR BUSINESS PARK, a
j oint veil tur e
BY: SIGNAL LiW3l+UIX, LNC. ,
a Ca 1 if o I: n .i a c o r p u 1: a i: :ion
(Joiiit Vcnfurcr)
By :
By'+L Craig Eoucher -- --- . (Title) -
Secr tary
By: PALOMAR AIWORT PXH, LTD.,
a California Limited partnership
-.-
Receiver for Paloinar Airport Park, Ltd., pursuant to Order Appointing Receiver of
the Orange County California Superior Court filed on
September 7, 1983 in Czse
..
NO. 35-03-46
STATE; OF CALIFOR4 IA)
COUNTY OF UWd& )
)ss.
On J4w /3 before me, the undersigned, a
J,M~ 4, 5ruNd&c and cf2A-/4 Sd(Z4G~ personally known to
Nota,i-y Public in and for said State, personally appeared
me (or proved to me on the basis of satisfactory evidence) to be the
persons who executed the within instrument as
and -. Skcrifarrq , on beha16 of SIGNAL LANDhlAFlK, INC. , a
California cor#oration, the corporation that executed the within
instrument pursuant to its bylaws or a resolution of its board of directors, said corporation being known to me to be one of the
venturers of PALOMAR BUSINESS PARK, the joint venture that executed the within instrument, and acknowledged to me that such corporation
executed the same as such venturer and that such joint venture
executed the same,
&/k5/4e-&
WITNESS my hand and official seal.
Notary Public in dnd\ for said
County and State
STATE Or" CALIFORNIA)
) ss.
COUNTY OF @2Ah/G 2)
c
On 1984, before me, the undersigned, a Notary Public in and for said State, personally appeared LANSING
E. EBERLING, known to me or proved to me on the basis of
satisfactory evidence to be the person that executed the within
instrument as Receiver of Palomar Airport Park, Ltd., a California limited partnership, pursuant to Order Appointing
Receiver of the Superior Court of the State o€ California, County
of Orange, dated and filed on September 7, 1983, in Case No. 34-
03-46, the limited partnership that executed the within
instrument as a joint venturer of Palomar Business Park, the
joint venture that executed the within instrument and
acknowledged to me that such limited partnership executed the . ~
szne both as a limited partnership and as a joint venturer of
said joint venture and that such joint venkure also executed the
same. ..
WITNESS my hand and off ici'al' seal.
NOTARY PUBttC - CALIFORNIA
ORANGE COUNTY My mm. expires APR 20, 1988
Notary Public inland for said
Id County and State