HomeMy WebLinkAboutUkegawa, Hiroshi and Miwako; 1986-05-20;AGREEMENT FOR WAIVER OF PROHIBITION
AGAINST THE IMPOSITION OF CONDITIONS
UPON THE APPROVAL OF AN EXTENSION OF
A TENTATIVE SUBDIVISION MAP
' 1*^ ^7This Agreement is made this ^ day of ' '&1/
19 <?fa between the City of Carlsbad, a municipal corporation,
(hereinafter called "City") anc! tftR0$lll ff^lU/AKG(/K&6A(A/A
a ' (hereinafter called "Subdivider").
RECITALS
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Government Code Section 66452.6(e) and Carlsbad Municipal
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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").
El Patio v. Permanent Rent Control Board, 110 Cal. App.3d
915, modified 111 Cal. App 3d 788 (1980) indicates that the
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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.
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3. Government Code Section 66452. 6(d) and Carlsbad Municipal
Code Sections 20. 1 2.1 00 (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.
4. Subdivider has requested City to approve the extensioin of
time for Tentative Subdivision Map No.
which was initially approved on JAtJ.
5. Since the approval of said Tentative Subdivision Map, City
has conducted studies which show that the -construction of
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.
6. Since the approval of said Tentative Subdivision Map, City
has adopted a major drainage fee or major thoroughfare fee
or both to provide the funds to construct the necessary
drainage facilities and thoroughfares.
7. 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
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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
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there may have been changed circumstances which require
additional conditions of approval on the extension of the
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
Subdivider, impose upon the extension of said Tentative
Subdivision 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.
11. 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
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protected or that the general plan or Municipal Code
requirements are satisfied. Approval of the extension of
said Tentative Subdivision Map without assurances that the
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
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with the general plan or Municipal Code by the imposition
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
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be contrary to the public health, safety and welfare.
NOW, THEREFORE, in consideration of the recitals and of the
mutual covenants set forth herein, City and Subdivider agree as
follows:
1. 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.
2. Subdivider knowingly and voluntarily waives any and all
rights to the unconditioned extension of Tentative
Subdivision Map No. JT?-~ 1^~.
3. Subdivider knowingly and voluntarily consents to the
imposition of a condition of approval of the extension of
Tentative Subdivision Map No. 5*2-- 1~f 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 following additional
conditions:
a. 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 and effective on
4/22/86, 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.
5.
b. This approval is expressly conditioned upon the
subdivider's compliance with any growth management
system in effect at the time the final map is filed.
Subdivider shall also pay or agree to pay (as decided
by the City Council) all fees identified by the City
Council as necessary to pay for the cost of providing
facilities and improvements which are imposed pursuant
to the growth management system or any other applicablej
laws. —L
4. The provisions of Carlsbad Municipal Code Section 20.12.110
and 20.24.180, as appropriate, shall govern extension of
the map which is the subject of this agreement.
5. 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
5a.
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 bee'n approved.
ATTEST:
ALETHA L. RAUTENKRANZ,
City Clerk T
CITY OF CARLSBAD, a municipal
corporation
By__
MAYOR (Majfor Subdivisions)
CITY ENGINEER (Minor Sub-
divisions)
SUBDIVIDER
JR., City Attorney
City Attorney
SCHKE, Assistant
(Notarial acknowledgement of execution by
subdivider must be attached)
(Affix corporate seal if appropriate)
6,
In
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GENERAL ACKNOWLEDGMENT NO. 201
State of California
San Diego
OFFICIAL SEAL
MARLA E. LEVISEE
[JOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
SAN OIEGO COUNTY
MY COMMISSION EXPIRES APRIL 14,1986
On this the _16_ day of December
Maria E. Levisee
. 19_JL-?before me,
the undersigned Notary Public, personally appeared
Hiroshi Ukegawa
-v//S. personally known tome
D proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) 1S subscribed to the
within instrument, and ackpowledgei} that ne executed it.
WITNESS/fiy hand and official:
(LA.Notary'^-Signiature
3SS&3SS
NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364
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