HomeMy WebLinkAbout1984-11-06; City Council; Resolution 77881
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consistent with
i RESOLUTION NO. 7788
A RESOLU ION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF
TIME FOR TENTATIVE MAP CT 81-50/PUD-37 SUBJECT
TO CERTAIN ! CONDITIONS.
all applicable general and specific plans; and
with the General Plan of the City of Carlsbad because the City
WHEREAS, /the approval of an extension of Tentative Map CT
81-50/PUD-37 su, i ject to such conditions, in lieu of denial of the
map, will allowi 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 conbitions; and
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WHEREAS, bo,Lh the Developer and the City wish to extend the
map subject to the additional condition;
NOW, THERETORE, BE IT RESOLVED by the City Council of the
City of Carlsbad;, California, as follows:
A. That th/e above recitations are true and correct;
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B. That Tbntative Map CT 81-50/PUD-37, is hereby extended
for one year from October 13, 1984, to October 13, 1985, subject
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to the executiion and fulfillment of all the conditions of
Resolution No. 4024 and the following additional condition:
(1) This kpproval is expressly conditioned on the payment
by the Applicant of a Public Facilities Fee as required
by Ci$y Council Policy No. 17, dated February 24, 1982,
and ejffective April 2, 1982, on file with the City
Clerk and incorporated herein by reference, and
according to the agreement executed by the Applicant
for phyment of said fee. If said fee is not paid as
promised, this application will not be consistent with
the Gieneral Plan and the project cannot proceed and
this approval shall be void.
C. That the Agreement for Waiver of Prohibition against
the imposition of conditions upon the approval of an extension of
a tentative sub;division map between Michael O'Gara and the City
of Carlsbad, dated October 5, 1984, attached hereto, is approved,
and the Mayor ;is authorized to execute such agreement on behalf
of the City. ,
D. That this extension is approved in reliance upon said
agreement. An$ legal challenge to or failure to perform said
agreement or tGe conditions of this resolution shall render this
approval void a,nd the map shall not be final.
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City Council of
6th day of
to wit:
the City of Carlsbad, California, held on the
Wven$xr , 1984, by the following vote,
MARY H. &ASLER, Mayor
ATTEST: 1
(SEAL)
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WAIVER OF PROHIBITION
OF CONDITIONS
EXTENSION OF
19 - ;4 between the Cit J 1 of Carlsbad, a municipal corporation,
(hereinafter called "Cqty") and 11~1:~:' -. ! ur_ 7-, I
I 1 (hereinafter called "Subdivider") . a 0 il3 r I
RECITALS I
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.. .' , #.
3.
4.
5.
6.
7.
e
Government Code Sf
Code Sections 20.
expiration of a tt
all proceedings ai
property covere'd 1
filed without fir:
map .
ction 66452.6(d) and Carlsbad Municipal
2.100(d) and 20.24.160 provide that
ntative subdivision map shall terminate
d that no final map or parcel map for any
y the tentative subdivision map shall be
t processing a new. tentative subdivision
Subdivider has requested City to approve the extensioin of
time for Tentative; Subdivision Map No. cy b>i-,.,, - - /---- '~;--7
which was initialdy approved on c:L;:;--- 17, 15,: . I
Since ihe approval: of said Tentative Subdivision Map, City
has conducted stuqies which show that the -construction of
certain drainage qacilities or thoroughfares are essential
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to protect and prqvide for the health, welfare, and'safety
of all of the predent and future residents of City,
including those w~o will reside in said subdivision.
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~ Since the approva4 of said Tentative Subdivision Map, City I
has adopted a majdr drainage fee or major thoroughfare fee
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or both $0 providj the funds to construct the necessary
drainage faciliti$s and thoroughfares.
Since the approvad of the Tentative Subdivision Map, City
has conducted studies which show the need to establish a
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public facilities lfee in order to provide for public
facilities to proqect the public health, safety and welfare
I , of the present and future residents of City and to ensure I
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1. I that public faciltties to serve the development will be
available concurrint with need as required by City's
general plan.
executed a contra4t which is on file with the City Clerk to
I that effect. ~
Because the origijal approval of said Tentative Subdivision
Dedeloper agrees to pay said fees and has
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' 8.
Map occurred prioq to the adoption of the aforementioned
fees, City did no< condition the approval of said Tentative
i Subdivision Map wqth the payment of said fees.
9. Since the initial japproval of the Tentative Subdivision Map
there may have be$n changed circumstances which require
additional conditdons of approval on the extension of the
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Tentative Subdivi4ion Nap to protect the public health,
safety, and welfaqe, to mitigate affects on the environment
or to ensure consistency of the extended map with the City's
general plan and Municipal Code.
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10. City arguably mayinot, without the voluntary consent of
Subdivider, imposd upon the extension of said Tentative
Subdivi3ion Map c4nditions requiring. payment of the fees
mentioned above 04 conditions necessary to protect the
public health, saqety or welfare, or the environment or
ensure 'consistent$ with the general plan or Municipal Code.
Without such voluitary consent of Subdivider to the
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imposition of conditions City may be required to deny
Subdivider's requist for extension to ensure. that the
public health, sa€ety and welfare or the environment are
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protected or that
requirements are
said Tentative Su
fees mentioned ab
would be contrary
would threaten th
for the public he
agrees that it is
Subdivider that C
safety and welfar
with the general b
of conditions on
maps .
12. Subdivider realin
could result in t
map. Subdivider
substantial costs
tentative subdivi
subject ,to new cc
of the tentative
Act, the Califor;
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the general plan or Municipal Code
atisfied. Approval of the extension of
division Map without assurances that the
ve would be paid for said subdivision
to the best interests of the City and
City's ability to protect and provide
lth, safety, and welfare. Subdivider
in the best interest of City and
ty be able to protect the public health,
, or the environment or ensure consistency
lan or Municipal Code by the imposition
he extension of tentative subdivision
s that denial of the requested extension
e expiration of the tentative subdivision
tould then be required to incur
and time delays in processing a new
ion map approval of which would be
ditions necessary to ensure consistency
ubdivision map with the Subdivision Map
a Environmental Quality Act, Titles 19,
20 and 21 of the/Carlsbad Municipal Code, the City's
General Plan andjto protect the public health, safety and'
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welfare. ~
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13.
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City has revieweh the Subdivider's request for an extension
of time for said/ tentative subdivision map and finds that
granting the reqpest subject to certain conditions will not ~
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be contrary to the
NOW, THEREFORE, in
mutual convenants set f
follows:
1. City agrees to ext
for one year subje
City in its sole d
2 . Subdivider knowing
the unconditioned
3. Subdivider knowing
of a condition of
Subdivision Map Nc
which may be in ef
subdivision map fc
to the following E
This approval
the applicant
City Council I
4/2/82, un fil
by reference,
the applicant
paid as promir
with the Gene]
this approval
4. The provisions of
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and 20.24.180, as
map which is the !
5. If this agreement
map for a minor si
approval, or cond
shall void this a'
public health, safety, and welfare.
consideration of the recitals and of the
rth herein, City and Subdivider agree as
nd Subdivider's Tentative Subdivision Map
t to whatever new or revised conditions the
scretion deems appropriate.
y and voluntarily waives any and all rights to
xtension of Tentative Subdivision Map No.CT GI-:$/
y and voluntarily consents to the imposition
.pproval of the extension of Tentative
:2 U L: -2 'i
~?&~~~'' which requires payment of any fees
rect at the time of approval of the final
: said subdivision or any portion thereof and
lditional conditions:
.s expressly conditioned on the payment by
If a public facilities fee as required by
)licy No. 17, issued 2/24/82 and effective
? with the City Clerk and incorporated herein
znd according to the agreement executed by
?or payment of said fee. If said fee is not
?d, this application will not be consistent
31 Plan and the project cannot proceed and
;hall be void.
Zarlsbad Municipal Code Sections 20.12.110
Ippropriate, shall govern extension of the
ibject of this agreement.
is for an extension of a tentative subdivision
Ddivision, the appeal of the City Engineer's
tional approval, of the extension by any party
reement unless
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G
m v i
I the agreement is bubsequently approved by the City Council.
Any action by Sudpivider to challenge the legality of this
. agreement OK any /failure by Subdivider to pay the fees and
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comply with any dther conditions applicable to the
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' extension shall &id the approval of such extension. The
map shall not fidal and the development shall not proceed
until a new tentdtive subdivision map has begn approved.
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ATTEST:
CITY OF CARLSBAD, a municipal corporation i
BY MAYOR (MFjor Subdivisions)
CITY ENGINEER (Minor Sub- divisions)
c ALETHA L. RAUTENKRANZ
City Clerk
Stf BD 1 VIDE R
... i
,
Iss. i $an Diego 1 __-I STATE OF CALlFORNl COUNTY OF--
On 0r-r 76, 1986 --.before me, the undersigned, a Notary Public in and for
____.__ ___
_- ___ -____
said State, personally appeared i * */* MICHAEL D. O'GARA * * *
- )f execution by .
?dl i
'propria t e) personally known to me (or proved to me on he basis of satis-
factory evidence) to be the person(s) whose name(s) Ware sub-
scribed to the within instrument and acknowljedged to me that
he/she/they executed the same
WITNESS my hand and official seal
Signature ru *d& // (This area for official notarial seal)
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