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HomeMy WebLinkAbout1984-10-16; City Council; Resolution 7779I 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 ; 1 RESOLUTION NO. 7779 A RdSOLUTION OF THE CITY COUNCIL OF THE CITY OF TIM4 FOR TENTATIVE MAP CT 82-15 SUBJECT TO CAR~SBAD, CALIFORNIA, APPROVING AN EXTENSION OF CERjAIN CONDITIONS. 1 I WHEREAS, /Section 66473.5 of the Subdivision Map Act provides I that a tentatiive subdivision map may not be approved unless it is consistent witih all applicable general and specific plans; and I WHEREAS, ithe City Council of the City of Carlsbad on the 19th day of Ocjtober, 1982, adopted Resolution No. 7039 approving, with conditionb, Tentative Map CT 82-15; and WHEREAS, ITentative Map CT 82-15 is now inconsistent with the General Plan oif the City of Carlsbad because the City Council has I found that pubbic facilities are inadequate; and WHEREAS, Laid Tentative Subdivision Map will expire on October 19, 1984, and the Applicant has requested an extension of I time which canhot be approved unless the subdivision can be brought into c$nformity with the General Plan; and , , I WHEREAS, the addition of certain conditions of approval to the subdivisiod will allow it to be found to be in conformity with the General Plan and the Developer has requested the imposition of I such conditions and agreed to comply with them; and I WHEREAS, !he approval of an extension of Tentative Map CT 82-15 subject to such conditions, in lieu of denia, o the map, will allow the project to go forward avoiding the unnecessary delay to the City and to the Developer involved with denial and I the new applicdtion which would then be approved subject to the same set of conld , itions; and ( /// I I i .i 4 5 c r 1 E 5 1c 11 1: 12 14 1: 1C 17 1E 15 2c 21 22 22 24 25 26 27 28 plainly of WHEREAS, map subject to NOW, THER City of Carlsb A. That B. That extended for a subject to the Resolution No. visible from the street or access road; color identification and/or addresses shall contrast to This the City effe inco agre fee. aPP1 and be v A 50 to t reco lots Tras high Loca Land loth the Developer and the the additional condition; ity wish to extend the :FORE, BE IT RESOLVED by the City Council of the id, California, as follows: ;he above recitations are true and correct; rentative Map CT 82-15, including CP-212, is hereby ie year from October 19, 1984, to October 19, 1985, execution and fulfillment of all the conditions of 7039 and the following additional conditions: approval is expressly conditioned on the payment by \pplicant of a Public Facilities Fee as required by Council Policy No. 17, dated February 24, 1982, and :tive April 2, 1982, on file with the City Clerk and .porated herein by reference, and according to the :ment executed by the Applicant for payment of said .cation will not be consistent with the General Plan ;he project cannot proceed and this approval shall lid. If said fee is not paid as promised, this I' scale map of the subdivision shall be submitted le Land Use Planning Manager prior to the *dation of the final map. Said map shall show all and streets within and adjacent to the project. receptacle areas shall be enclosed by a six-foot masonry wall with gates pursuant to City standards. lion of said receptacles shall be approved by the Use Planning Manager. I The qeveloper shall display a current Zoning and Land Use dap in the sales office at all times, and/or suit ble alternative to the satisfaction of the Land Use pa lanning Manager. I All sales maps that are distributed or made available to t e public shall include but not be limited to traiqs, future and existing schools, parks, and streelts. 5 I ,. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 3.8 19 20 21 22 23 24 25 26 27 28 (7) A 4010 foot scale map of the subdivision shall be submiitted to the fire marshal1 prior to recordation of the lfinal map. C. That1 the Agreement for Waiver of Prohibition against the imposition of bonditions upon the approval of an extension of a tentative subdivision map dated hereto is approved. (EXTENSIONS: and the Mayor lis authorized to execute such agreement on behalf of the City.) , I D. That khis extension is approved in reliance upon said agreement. Ani legal challenge to or failure to perform said agreement or t e conditions of this resolution shall render this approval void pnd the map shall not be final. f PASSED, APPROVED AND ADOPTED at a regular meeting of the City I j Council of theiCity of Carlsbad, California, held on the 1 16th day of1 October , 1984, by the following vote, to ! wit: ~ AYES: NOES: +e ABSENT: Cbuncil Member chick dmcil Merchrs Casler, Lewis, Kulchkn and Prescott I j dh c MARY H. BASLER, Mayor ATTEST: I I ALETHA L. RAUTSNKRANZ, City hlerk I (SEAL) i * " ' ,,.' I. - to impose new imposed on the extension of the I T FOR WAIVER OF PROHIBITION SFP o? 1984 THE IMPOSITION OF' CONDITIONS conditi0n.s; i.e.8 those which were not tentative subdivision map, upon the time'for expiration of a tentative UPON THE' APPROVAL OF AN EXTENSION OF A T NTATIVE SUBDIVISION MAP 'lTY of CAR~SBAO ENG'NEERI& DEPARTMENT b I c? 8 This Agr-eme t is made this 7 day of 3 ->-Z P- 7 , I' 8 ~ $7 19 %'9' between the Ci y of Carlsbad, a municipal corporation, (hereinafter called ity" ) ani; /&L~~~ LT) ,-- (g-- 2 '7 (hereinafter called "Subdivider"). a -T .- & /<[ i' L1 I' !+LF F I 1 I RECITALS b .. %. * 1 . I. 3. 4. 5. 6. c ' 7. ' Government Code Code Sections 20 expiration of a all proceedings property covered filed without fi map . Subdivider has r time for Tentati which was initia Since the approv b has conducted st certain drainage to protect and p of all of the pr including those Since the approv has adopted a ma or both to provic drainage facilit Since the approv, has conducted sti public facilitie! facilities 'to prc of the present ai ection 66452.6(d) and Carlsbad Municipal 12.100(d) and 20.24.160 provide that antative subdivision map shall terminate 2d that no final map or parcel map for any 3y the tentative subdivision map shall be st processing a new. tentative subdivision Juested City to approve the extensioin of 2 Subdivision Map No. LT 0 2- 15 Ly approved on SEQT. \'I, \982 . 1 of said Tentative Subdivision Map, City lies which show that the..construction of iacilities or thoroughfares are essential )vide for the health, welfare, and'safety ;ent and future residents of City, 10 will reside in said subdivision. . of said Tentative Subdivision Map, City ,r drainage fee or major thoroughfare fee ! the funds to construct the necessary IS and thoroughfares. of the Tentative Subdivision Map, City lies which show the need to establish a fee in order to provide for public ect the public health, safety and welfare future residents of City and to ensure 2. that public faci available concur general plan. E] executed a contr . that effect. 8. Because the orig Map occurred pri fees, City did n Subdivision Map 9. Since the initia . there may have b additional condi b Tentative Subdiv safety, and welf or to ensure con general plan and - 10. City argua'bly ma Subdivider, imp0 Subdiviqion Map mentioned above public health, s ensure consisten 11. Without such vol imposition of co Subdivider's req public health, s . ities to serve the development will be ent with need as required by City's veloper agrees to pay said fees and has ct which is on file with the City Clerk to nal approval of said Tentative Subdivision r to the adoption of the aforementioned t condition the approval of said Tentative ith the payment of said fees. approval of the Tentative Subdivision Map en changed circumstances which require ions of approval on the extension of the sion Map to protect the public health, re, to mitigate affects on the environment istency of the extended map with the City's Municipal Code . not, without the voluntary consent of e upon the extension of said Tentative onditions requiring. payment of the fees r conditions necessary to protect the fety or welfare, or the environment or y with the general plan or Municipal Code. ntary consent of Subdivider to the ditions City may be required to deny est for extension to ensure that the fety and welfare or the environment are . 3. : .. ,. - > .. protected or tha requirements are said Tentative S fees mentioned a would be contrar would threaten t for the public h agrees that it i Subdivider that safety and welfa with the general of conditions on maps . b 12. Subdivider reali could result in map. Subdivider substantial cost ten tat ive subd iv subject ,to new c of the tentative Act, the Califor 20 and 21 of the General Plan and welfare. 13. City has reviewe *' of time for said granting the req ; the general plan or Municipal Code satisfied. Approval of the extension of ibdi'vision Map without assurances that the love would be paid for said subdivision to the best interests of the City and le City's ability to protect and provide balth, safety, and welfare. Subdivider i in the best interest of City and :ity be able to protect the public healt :e, or the environment or ensure consistency ' plan or Municipal Code by the imposition the extension of tentative subdivision :es that denial of the requested extension :he expiration of the tentative subdivision would then be required to incur i and time delays in processing a new .sion map approval of which would be mditions necessary to ensure consistency subdivision map with the Subdivision Map iia Environmental Quality Act, Titles 19, Carlsbad Municipal Code, the City's to protect the public health, safety and' L the Subdivider's request for an extension tentative subdivision map and finds that lest subject to certain conditions will not 4. h .. be contrary to tl NOW, THEREFORE, . mutual convenants set follows : 1. City agrees to e: for one year sub: City in its sole 2. Subdivider knowii the unconditionec 3. Subdivider knowir of a condition oi Subdivision Map 1 which may be in subdivision map i to the follcwing This approvaJ the applicant City Council 4/2/82, on f3 by reference, the applicant paid as prom3 with the Gene this approvad 4. The provisions of e and 20.24.180, as map which is the 5. If this agreement map for a minor s approval, or conc shall void this a e public health, safety, and welfare. n consideration of the recitals and of the forth herein, City and Subdivider agree as tend Subdivider's Tentative Subdivision Map ect to whatever new or revised conditions the discretion deems appropriate. gly and voluntarily waives any and all rights to extension of Tentative Subdivision Map No. ~~02-15. gly and voluntarily consents to the imposition approval of the extension of Tentative 3. LTBZ-\E; which requires payment of any fees ffect at the time of approval of the final Dr said subdivision or any portion thereof and sdditional conditions: is expressly conditioned on the payment by of a public facilities fee as required by Policy No. 17, issued 2/24/82 and effective le with the City Clerk and incorporated herein and according to the agreement executed by for payment of said fee. If said fee is not sed, this application will not be consistent ral Plan and the project cannot proceed and shall be void. Carlsbad Municipal Code Sections 20.12.110 appropriate, shall govern extension of the . subject of this agreement. 1 is for an extension of a tentative subdivision ibdivision, the appeal of the City Engineer's itional approval, of the extension by any party jreement unless 5. 6. Any action by Sub h ivider to challenge the legality of this I agreement OK any ailure by Subdivider to pay the fees and 1' comply with any o her conditions applicable to the extension shall void the approval of such extension. I The map shall not fin 1 1 and the development shall not proceed until a new tenta ive subdivision map has beeh approved. CITY OF CARLSBAD, a municipal ATTEST : corpora t ion City Clerk 'APPROVED AS TO FOREI: n . /. 6. f Stateof CALIFORNIA SAN DIEGO County of I .. divisions ) SUBDIVIDER (03QG c) On this the 7t h day of e p em e 19A4 before me, s. Barbara L. Tremmel the undersigned Notary Public, personally appeared H. K. Beebe ---- -- - - ._ .- XX personally known to me t c' proved to me on the basis of satisfactory evidence to be the person@) who executed the within instrument on behalf of the