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HomeMy WebLinkAboutCarlsbad Professional Park; 1986-10-30;e 0 AGREEHENT FOR WAIVER OF PROHIBITION AGAINST THE IMPOSITION OF CONDITIONS UPON THE APPROVAL OF AN EXTENSION OF A TENTATIVE SUBDIVISION HAP, This Agreement is made this 37c. day of GC-f-Og&( , between the City of Carlsbad, a municipal corporation, (hereina called "City") and cks?, ir gd--g t $d+JI, I;. ,"ri &2 e $22Q c-&@/,c-5 -0 R" , (hereinafter called "Subdivider"). I RECITALS 1. Government Code Section 66452.6(e) and Carlsbad Municipal Sections 20.12.110 and 10.24.180 permit Subdividers to re( and City to approve, conditionally approve or deny extensior time for the expiration of tentative maps or tentative pi maps (hereinafter collectively called "Tentative Subdiv Maps"). 2. El Patio V. Permanent Rent Control Board, 110 Cal. App. 3d modified 111 Cal. App. 3d 788 (1980) indicates tha Goverment Code (Subdivision Map Act) may not authorize Ci impose new conditions; i.e., those which were not imposed c tentative subdivision map, upon the extension of time expiration of a tentative subdivision map, but also held thc City does have discretion to approve or deny such extension: 3. Government Code Section 66452.6(d) and Carlsbad Municipa 0 0 Sections 20.12.100(d) and 20.24.160 provide that expiration tentative subdivision map shall terminate all proceedings that no final map or parcel map for any property covered by tentative subdivision map shall be filed without first proces a new tentative subdivision map. 4. Subdivider has requested City to approve the extension of c&&&beL ';tcait -. for Tentative Subdivision Map No. f3-j~ which was initi approved on TYLf a7 /9K7 5. Since the approval of said Tentative Subdivision Map, Cit) conducted studies which show that the construction of cei drainage facilities or thoroughfares are essential to protect provide for the health, welfare, and safety of all of the prt and future residents of City, including those who will resi said subdivision. 6. Since the approval of said Tentative Subdivision Map, Cit adopted a major drainage fee or major thoroughfare fee or bo provide the funds to construct the necessary drainage facil and thoroughfares. 7. Since the approval of the Tentative Subdivision Map, Cit conducted studies which show the need to establish a p facilities fee in order to provide for public faciliti protect the public health, safety and welfare of the preser future residents of City and to ensure that public facilit serve the development will be available concurrent with nr required by City's General Plan. Developer agrees to pa: fees and has executed a contract which is on file with thi 0 0 Clerk to that effect. 8. Because the original approval of said Tentative Subdivision occurred prior to the adoption of the aforementioned fees, did not condition the approval of said Tentative Subdivision with the payment of said fees. 9. Since the initial approval of said Tentative Subdivision there may have been changed circumstances which req additional conditions of approval on the extension of Tentative Subdivision Map to protect the public health, Si and welfare, to mitigate affects on the environment or to er consistency of the extended map with the City's General Plar Municipal Code. IO. City arguably may not, without the voluntary consenl Subdivider, impose upon the extension of said Tent, Subdivision Map conditions requiring payment of the mentioned above or conditions necessary to protect the pi health, safety or welfare, or the environment or e consistency with, the General Plan or Municipal Code. 11. Without such voluntary consent of Subdivider to the impositi conditions City may be required to deny Subdivider's reques extension to ensure that the public health, safety and we1 or the environment are protected or that the General PI Munic-ipal Code requirements are satisfied. Approval ( extension of said Tentative Subdivision Map without assu1 that the fees mentioned above would be paid for said subdi! would be contrary to the best interests of the City and 0 e threaten the City's ability to protect and provide for the put health, safety and welfare. Subdivider agrees that it is in best interest of City and Subdivider that City be able to pro the public health, safety and welfare, or the environmen ensure consistency with the General Plan or Municipal Code by imposition of conditions on the extension of tenta subdivision maps. 12. Subdivider realizes that denial of the requested extension c result in the expiration of the tentative subdivision Subdivider would then be required to incur substantial costs time delays in processing a new tentative subdivision approval of which would be subject to new conditions necessar ensure consistency of the tentative subidivison map witt Subdivision Map Act, the California Environmental Quality Titles 19, 20 and 21 of the Carlsbad Municipal Code, the C General Plan and to protect the public health, safet? we If are. 13. City has reviewed the Subdivider's request for an extensi time for said tentative subdivision map and finds that gra the request subject to certain conditions will not be contra the public health, safety and welfare. NOW, THEREFORE, in consideration of the recitals and c mutual covenants set forth herein, City and Subdivider agr follows: 1. City agrees to extend Subdivider's Tentative Subdivisic for one year subject to whatever new or revised conditions the Cj e e its sole discretion deems appropriate. 2. Subdivider knowingly and voluntarily waives any and rights to the unconditioned extension of Tentative Subdivision Map x.3-/A . 3. Subdivider knowingly and voluntarily consents to imposition of a condition of approval of the extension of Tenta Subdivision Map No. @-)% which requires payment of any fees w may be in effect at the time of approval of the final subdivisior for said subdivision or any portion thereof and to the follc additional conditions: a. This approval is expressly conditioned on the payment b) applicant of a public facilities fee as required by Council Policy No. 17, issued and effective on Apri 1986, on file with the City Clerk and incorporated here reference, and according to the agreement executed b applicant for payment of said fee. If said fee is not as promised, this application wil-1 not be consistent the General Plan and the project cannot proceed and approval shall be void. b. This approval is expressly conditioned upon the subdivi compliance with any growth management system in effe the time the final map is filed. Subdivider shall al$ or agree to pay (as decided by the City Council) al: identified by the City Council as necessary to pay fc cost of providing facilities and improvements whit imposed pursuant to the growth management system I w I I;' $ , SPrSQndb-kaarn to me or proved to me on the basis of satisfactory evidence to be the person - who executed the within instrument as WITNESS m I' b I_ 0 0 1 ~0000000~000~0m0000~0~000~~0b00~0~0000~080~0~~~ OFFICIAL SEAL LORRIE MIRABAC i i NOTARY PUBLIC-CALIWRNIA t CITY AND COUNTY OF SAN DlEGO My Comm. Expires May 5. 1989 . * i ~~~~~~o0meo000e~0OOoo~~~oOOOOQOOOMO~OOOOQOOO~ (This area for officd notarial seal)