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HomeMy WebLinkAbout1984-08-07; City Council; Resolution 7676.. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 7676 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF CERTAIN CONDITIONS. TIME FOR TENTATIVE MAP CT 82-4 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 genera WHEREAS, the Planning Commission the 25th day of August, 1982, adopted approving, with conditions , Tent at i ve and specific plans; and of the City of Carlsbad on Resolution No. 1995 Map CT 82-4; and WHEREAS, Tentative Map CT 82-4 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 25, 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 I// /// //I /I/ I// /// .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the approval of an extension of Tentative ap CT 82-4 subject to such conditions, in lieu of denial of the ap, will allow the project to go forward avoiding the unnecessary elay to the City and to the Developer involved with denial and the ew application which would then be approved subject to the same et of conditions; and WHEREAS, both the Developer and the City wish to extend the ap subject to the additional condition; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City f Carlsbad, California, as follows: A. That the above recitations are true and correct; B. That Tentative Map CT 82-4, including PUD-38, are hereby xtended for one year from August 25, 1984, to August 25, 1985, ubject to the execution and fulfillment of all the conditions of esolution No. 1995 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 mposition of conditions upon the approval of an extension of a entative subdivision map between Birtcher Pacific and the City of arlsbad, dated July 20, 1984, on file in the Office of the City lerk, is approved, and the Mayor is authorized to execute such greement on behalf of the City. /I .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D. That this extension is approved in reliance upon said greement. Any legal challenge to or failure to perform said greement or the conditions of this resolution shall render this pproval void and the map shall not be final. PASSED, APPROVED AND ADOPTED at a regular meeting of the City ouncil of the City of Carlsbad, California, held on the 7th day of AUWt , 1984, by the following vote, to it: AYES : NOES: None ABSENT: NXE Council IWrikrs Casler, Lewis, Kulchin, Chick and Prescott TTEST: LETHA L. RAUTENKRANZ, City Cl@ SEAL) *. . -. q .. . ,. 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 26 day of (hereinafter called "City" ) ani: B I RTCHER BUS I NESS CENTER-CORPORATE PAbOMAR PHASE I I a CALIF. LIMITED 'PARTNERSHIP (hereinafter called "Subdivider") . RE C I TAL S i 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 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 117 Cal. App 3d 788 (1980) indicates that the 8 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. 0 3. 4, 5. 6. 7. 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 . Subdivider has requested City to approve the extensioin of time for Tentative Subdivision Map No. CT82-4/PuD-38 which was initially approved on AUGUST 25, 1982 e Since the approval of said Tentative Subdivision Map, City has conducted studies which show that the-construction of b 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. Since the approval of said Tentative Subdivision Map, City 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 2. .. ., .. .I 0 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 b . 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. 10. City arguably may not, without the voluntary consent of 11. 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 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 protected or that the general plan or Municipal Code requirements are satisfied. said Tentative Subdivision Map without assurances that the Approval of the extension of 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 4. .. . . be contrary to the public health, safety, and welfare. NOW, THEmFORE, 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. Subdivider knowingly and voluntarily waives any and all rights to the unconditioned extension of Tentative Subdivision Map No, CT82-4 . Subdivider knowingly and voluntarily consents to the imposition of a condition of approval of the extension of Tentative Subdivision Map No. CT82-4 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 follcwing 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 wifh the General Plan and the project cannot proceed and this approval shall be void, '. the applicant for payment of said fee. If said fee is not 8 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 shall void this agreement unless 5. ... the agreement is subsequently approved by the City Council, 6, 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 begn approved. CITY OF CARLSBAD, a municipal corporation ATTEST : r BY ALETHA Lo RAUTENKRAN Z , MAYOR (Major Subdivisions) City Clerk CITY ENGINEER (Minor Sub- divisions) .. - . APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney 8 BY DANIEL S. HENTSCHKE, Assistant City Attorney .. . (Kotari'al .acknowledgement of execution by - subdivider must be attached) (Affix corporate seal if appropriate) 6. On this 20 day of , 1984, before me, the undersigned, a y Pmic in and for the State, personally appeared Robert bf. Camfibell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument and a general partner of Campbell - Palomar 11, a California general partnership, which partnership is personally known to me (or proved to me on the basis of satisfactory evidence) to be a general partner of Birtcher Business Center - Corporate Palomar Phase 11, a California limited partnership, the partnership that executed the within instrument and acknowledged to me that he executed the same on behalf of Campbell - Palomar 11, that said general partnership executed the within instrument on behalf of Birtcher Business Center - Corporate Palomar Phase XI, and that Birtcher Business Center -Corporate Palomar Phase I1 executed the same. my hand and official , 1984. f SEAL) RITA L. CUMMIN lyoTARY WBLlC CAUFORNtA FRlNCtPAL OFFICE IN seal this 20 day of , /- a