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Home My WebLink AboutRuden, A and Villescaz, D; 1987-12-27;e 0 +n, AGREEMENT FOR WAIVER OF PROHIBITION AGAINST THE IHPOSITION OF CONDITIONS UPON THE APPROVAL OF AN EXTENSION OF A TENTATIVE SUBDIVISION MAP This Agreement is made this A- day of & , 19flb the City of Carlsbad, a municipal corporation, (hereinafter called "City A. RudenlD. Villescaz .- (hereinafter called "Subdivider"). RECITALS 1. Government Code Section 66452.6(e) and Carlsbad Municipal Code Sc 20.12.110 and 10.24.180 permit Subdividers to request and City to a1 conditionally approve or deny extensions of time for the expirat tentative maps or tentative parcel maps (hereinafter collectively "Tentative Subdivision Maps"). 2. El Patio v. Permanent-Rent Control Board, 110 Cal. App. 3d 915, mc 111 Cal. App. 3d 788 (1980) indicates that the Governmenl (Subdivision Map Act) may not authorize City to impose new cond i.e., those which were not imposed on the tentative subdivision ma the extension of time for expiration of a tentative subdivision rn< also held that the City does have discretion to approve or del extensions. - 3. Government Code Section 66452.6(d) and Carlsbad Municipal Code 20.12.100(d) and 20.24.160 provide that expiration of a te subdivision map shall terminate all proceedings and that no final parcel map for any property covered by the tentative subdivision ma be filed without first processing a new tentative subdivision map. 4. Subdivider has requested City to approve the extension of t. Tentative Subdivision Map No. 85-13 which was initially approvec Aug. 28, 1.985. : 0 0 k .I 5. Since the approval of said Tentative Subdivision Map, City has conc studies which show that the construction of certain drainage facilit thoroughfares are essential to protect and provide for the hi welfare, and safety of all of the present and future residents of including those who will reside in said subdivision. 6. Since the approval of said Tentative Subdivision Map, City has ado major drainage fee or major thoroughfare fee or both to provide the to construct the necessary drainage facilities and thoroughfares. 7. Since the approval of the Tentative Subdivision Map, City has con studies which show the need to establish a public facilities fee ir to provide for public facilities to protect the public health, saff welfare of the present and future residents of City and to ensur public facilities to serve the development will be available conc with need as required by City's General Plan. Developer agrees said fees and has executed a contract which is on file with the Cit to that effect. 8. Because the original approval of said Tentative Subdivision Map o prior to the adoption of the aforementioned fees, City did not co the approval of said Tentative Subdivision Map with the payment fees. 9, Since the initial approval of said Tentative Subdivision Map th have been changed circumstances which require additional condi t approval on the extension of the Tentative Subdivision Map to proi public health, safety and welfare, to mitigate affects on the env. or to ensure consistency of the extended map with the City's Genei and Municipal Code. City arguably may not, without the voluntary consent of Subdivider upon the extension of said Tentative Subdivision Map conditions r payment of the fees mentioned above or conditions necessary to pro 10 P \ 0 0 5, public health, safety or welfare, or the environment or ensure COnSiS with the General Plan or Municipal Code. 11. Without such voluntary consent of Subdivider to the impositic conditions City may be required to deny Subdivider‘s request for extc to ensure that the public health, safety and welfare, or the envirc are protected or that the General Plan or Municipal Code requiremen satisfied. Approval of the extension of said Tentative Subdivisic without assurances that the fees mentioned above would be paid foi subdivision would be contrary to the best interests of the City and threaten the City’s ability to protect and provide for the public h safety and welfare. Subdivider agrees that it is in the best inter City and Subdivider that City be able to protect the public health, and welfare, or the environment or ensure consistency with the C Plan or Municipal Code by the imposition of conditions on the exten: tentative subdivision maps. Subdivider realizes that denial of the requested extension could re5 the expiration of the tentative subdivision map. Subdivider would t required to incur substantial costs and time delays in processin: tentative subdivision map approval of which would be subject conditions necessary to ensure consistency of the tentative subd map with the Subdivision Map Act, the California Environmental I Act, Titles 19, 20 and 21 of the Carlsbad Municipal Code, the General Plan and to protect the public health, safety and welfare. 12. 13. City has reviewed the Subdivider’s request for an extension of t said tentative subdivision map and finds that granting the request to certain conditions will not be contrary to the public health, and we1 fare. NOW, THEREFOR, in consideration of the recitals and of the covenants set forth herein, City and Subdivider agree as follows: v a e 1- <, > 1. City agrees to extend Subdivider's Tentative Subdivision Map fc year subject to whatever new or revised conditions the City in its di scret i on deem appropri ate. 2. Subdivider knowingly and voluntarily waives any and all right unconditioned extension of Tentative Subdivision Map No. 85-13 3. Subdivider knowing and voluntarily consents to the impositior condition of approval of the extension of Tentative Subdivision Map No.- which requires payment of any fees which may be in effect at the t approval of the final subdivision map for said subdivision or any F thereof and to the following additional conditions: A. This approval is expressly conditioned on the payment 1: applicant of a public facilities fee as required by City ( Policy No. 17, issued and effective on April 22, 1986, on fi' the City Clerk and incorporated herein by reference, and accori the agreement executed by the applicant for payment of said ff said fee is not paid ar promised, this application will consistent with the General Plan and the project cannot proc this approval shall be void. B. This approval is expressly conditioned upon the subdi compliance with any growth management system in effect at t the final map is filed. Subdivider shall also pay or agree (as decided by the City Council) all fees identified by t Council as necessary to pay for the cost of providing facili. improvements which are imposed pursuant to the growth mal system or any other appl i cab1 e 1 aws. 4. The provisions of Carlsbad Municipal Code Section 20.12. 20.24.280, as appropriate, shall govern extension of the map which subject of this agreement. < 3 P 2 n z I + - ' $ B 2 Y 8 Y } ss. (SEAL) STATE OF CALIF RNlA COUNTYOF 9- * On signed Notary Public, personally appeared //- a- , before me, the under- A. * &O&c* QFFtCIAL SEAL s RUTH S. COWER ROMY PUBLC CALiMRNIA BRIMC1PAC OFFICE IN SAN DIE60 COUNTY -r (proved to me on the basis of satisfactory evidence) to be the person subscribed to the within instrument and acknowledged that- whose name executed the same. LA 4Vb w HavlEFuxRAL SAV193 (7/87) r 4 % 0 * Y f: b 5. If this agreement is for an extension of a tentative subdivisio for a minor subdivision, the appeal of the City Engineer's approval conditional approval, of the extension by any party shall void this agrc unless the agreement is subsequently approved by the City Council. 6. Any action by Subdivider to challenge the legality of this agrt or any failure by Subdivider to pay the fees and comply with any conditions applicable to the extension shall void the approval of extension. The map shall not be final and the development shall not p until a new tentative subdivision map has been approved. si/.'/&mw sUBDrVIDEP / AZw. HT CNgiGdt- ? BY: z- q&G i ATTEST: i ALETHA L. RAUTENKRANZ City Attorney City Clerk Notarial acknowledgement of execution by subdivider must be attached. corporate seal if appropriate. 'I b* 09/87 I pr .I