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Home My WebLink AboutCarlsbad Professional Park; 1985-06-04;I) m 1 1. ) 4.-. c AGREEMENT FOR WAIVER OF PROHIBITION AGAINST THE IMPOSITION OF CONDITIONS UPON THE APPROVAL OF AN EXTENSION OF A TENTATIVE SUBDIVISION MAP . This Agr-ement is made this 4th day of June I 19 45 between the City of Carlsbad, a municipal corporation, r Carlsbad Professional Psrk - -- (hereinafter called 'ICity" ) an< L a General Partnership (hereinafter called "Subdivider" 1 . RE C I TAL S I 1.' Government Code Section 66452.6(e) and Carlsbad Municipal . 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") . 2. El Patio v. Permanent Rent Control Board, 110 Cal. App.3d 915, modified 111 Cal. App 3d 788 (1980) indicates that the Government Code (Subdivision Flap Act) may not authorize Citj 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 I subdivision map, but also held that the City does have discretion to approve or deny such extensions. '0. . m 0 .. 3. Government Code Section 66452.6(d) and Carlsbad Municipal Code Sections 20.12.100(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. 83-12 which was initially approved on 7-23-83 . 5. Since the approval of said Tentative Subdivision Map, City b 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 adapted a nnfcr ercinnga fee or m,for thorcughfare 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 2. I m e -. .I that public facilities to serve the development will be available concurrent with need as required by City's general plan. executed a contract which is on file with the City Clerk to that effect. Developer agrees to pay said fees and has 8. Because the original approval of said Tentative Subdivision Map occurred prior to the adQption 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 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' general plan and Municipal Code, b 10. City arguably may not, without the voluntary consent of Snbdivider, ~~TIQGSE --- UYGU *- the @ztc:r:si?n of said Tentative Subdivigion 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 3. -. e ) 0 1 '(L protected or that the general plan or Municipal Code requirements are satisfied. said Tentative Subdivision Map without assurances that the fees mentioned above would be paid for said subdivision Approval of the extension of 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 consistenc 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 mclp approval of wiiich wcrild 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. 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 13. * 1 , ..' 1 , e 0 I,.. J. be contrary to the public health, safety, and welfare. NOW, THEREFORE, in consideration of the recitals and of the mutual convenants 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 tk City in its sole discretion deems appropriate. 2. Subdivider knowingly and voluntarily waives any and all righl the unconditioned extension of Tentative Subdivision Map No.{ 3. Subdivider knowingly and voluntarily consents to the imposit of a condition of approval of the extension of Tentative Subdivision Map No. 83-12 which requires payment of any fee which may be in effect at the time of approval of the final subdivision map for said subdivision or any portion thereof to the follcwing additional conditions: This approval is expressly conditioned on the payment bb the applicant of a public facilities fee as required by City Council Policy No. 17, issued 2/24/82 and effective 4/2/82, on file with the City Clerk and incorporated her by reference, and according to the agreement executed b! the applicant for payment of said fee. If said fee is J paid as promised, thip application will not he co.rlsiste1 with the General Plan and the project cannot proceed an( this approval shall be void. 0 4. The provisions of Carlsbad Municipal Code Sections 20.12.111 and 20.24.180, as appropriate, shall govern extension Of th map which is the subject of this agreement. If this agreement is €or an extension of a tentative subdiv map for a minor subdivision, the appeal of the City Enginee approval, or conditional approval, of the extension by any shall void this agreement unless 5. 5. * 1 I) .', @ . ' ;. * * ** :* .. t <. -. *- I the agreement is subsequently approved by the City Council. 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 6. ', extension shall void the approval of such extension. The map shall nut final and the development shaU not pr;oceecl until a new tentative subdivision map has begn approved. .. CITY OF CARLSBAI), a municipal ATTEST : corporation .. .d< ($G+ L ALETHA L. RAUTENKRANZ, City Clerk MAYOR (M$jor Subdivisions) CITY ENGINEER (Minor Sub- divisions ) 2 P- .. SUBDIVIDER BY L 6 d-., J2, DEAN GREENBERG GENERAL PARTNER .. '- .. (Notarial acknowledgement of executi subdivider must be attached.! (Affix corporate seal if appropriate T' 6. CAT. NO. "00630 TO 1946 CA (7-82) TITLE INSUF AND TRUST ATlCOR COMPANl !iJjl (Partnership) STATE OF CALIFORNIA COUNTY (I&&&&& I ss- f On LBYMG~ /9&3F said State, personally appeared ,- before me, the undersigned, a Notary Public in a 7V&&z@ 1 =&a&! (flE , personally known to me or proved to me on the basis of satisfactory evidence to be w IL: w I y of~~l(:iAl, SE PH:NCIP&L OCFiCE IN SAN GIEGO COUNTY 6 II, (This area for official notarial sed)