HomeMy WebLinkAbout1984-10-16; City Council; Resolution 7779I
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; 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
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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
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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
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time which canhot be approved unless the subdivision can be
brought into c$nformity with the General Plan; and
, ,
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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
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such conditions and agreed to comply with them; and
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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
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the new applicdtion which would then be approved subject to the
same set of conld , itions; and
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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.
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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.
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(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
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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
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(SEAL) i
* " ' ,,.' I. -
to impose new
imposed on the
extension of the
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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
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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