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Home My WebLink AboutHuntington Beach Co; 1988-10-19;e 0 :. $2 AGREEMENT FOR WAIVER OF PROHIBITION UPON THE APPROVAL OF AN EXTENSION OF A TENTATIVE SUBDIVISION HAP AGAINST THE IHPOSITIOH OF C.WITIMS \ This Agreement is made this Nineteenth day of October , 19E bet the City of Carlsbad, a municipal corporatCon, (hereinafter called ''City"] Huntington Beach Company (hereinafter called "Subdivider"). RECITALS 1. Government Code Section 66452.6 (e) and Carl sbad Mun i ci pal Code Sec 20.12.110 and 20.24.180 permit Subdividers to request and City to app conditionally approve or deny extensions of time for the expiratil tentative maps or tentative parcel maps (hereinafter collectively c "Tentative Subdivision Maps"). 2. El Patio v. Permanent Rent Control Board, 110 Cal. App. 3d 915, mod 111 Cal. App. 3d 788 (1980) indicates that the Government (Subdivision Map Act) may not authorize City to impose new condit i.e., those which were not imposed on the tentative subdivision map the extension of time for expiration of a tentative subdivision mal also held that the City does have discretion to approve or den) extensions. 3. Government Code Section 66452.6(d) and Carlsbad Municipal Code S 20.12.100(d) and 20.24.160 provide that expiration of a ten subdivision map shall terminate all proceedings and that no final I parcel map for any property covered by the tentative subdivision mar be filed without first processing a new tentative subdivision map. 1 e 0 ! .) 4. Subdivider has requested City to approve the extension of time Tentative Subdivision Map No. 85-17 which was initially approved on b 5. Since the approval of said Tentative Subdivision Map, City has condu studies which show that the construction of certain drainage facil itie thoroughfares are essential to protect and provide for the hea welfare, and safety of all of the present and future residents of C including those who will reside in said subdivision. 6. Since the approval of said Tentative Subdivision Map, City has adopt major drainage fee or major thoroughfare fee or both to provide the 1 to construct the necessary drainage facil ities and thoroughfares. 7. Since the approval of the Tentative Subdivision Map, City has condi studies which show the need to establish a public facilities fee in ( to provide for public facilities to protect the public health, safetj welfare of the present and future residents of City and to ensure public facilities to serve the development will be available concu with need as required by City’s General Plan. Developer agrees tc said fees and has executed a contract which is on file with the City to that effect. 8. Because the original approval of said Tentative Subdivision Map occ prior to the adoption of the aforementioned fees, City did not cond the approval of said Tentative Subdivision Map with the payment of fees. 9. Since the initial approval of said Tentative Subdivision Map ther have been changed circumstances which require additional conditio approval on the extension of the Tentative Subdivision Map to protec public health, safety and welfare, to mitigate affects on the envirc 2 0 e -6 '3 ar to ensure consistency of the extended map with the City's General and Municipal Code. City arguably may not, without the voluntary consent of Subdivider, i upon the extension of said Tentative Subdivision Map conditions requ payment of the fees mentioned above or conditions necessary to protec public health, safety or welfare, or the environment or ensure consis with the General Plan or Municipal Code. 10 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 requiremenl satisfied. Approval of the extension of said Tentative Subdivisio without assurances that the fees mentioned above would be paid for subdivision would be contrary to the best interests of the City and threaten the City's ability to protect and provide for the public ht safety and welfare. Subdivider agrees that it is in the best intert City and Subdivider that City be able to protect the public health, ! and welfare, or the environment or ensure consistency with the Gi Plan or Municipal Code by the imposition of conditions on the extens, tentative subdivision maps. Subdivider realizes that denial of the requested extension could res1 the expiration of the tentative subdivision map. Subdivider would tl required to incur substantial costs and time delays in processing tentative subdivision map approval of which would be subject t conditions necessary to ensure consistency of the tentative subdi map with the Subdivision Map Act, the California Environmental Q 12. Act, Titles 19, 20 and 21 of'the Carlsbad Municipal Code, the General Plan and to protect the public health, safety and welfare. 3 e e -- % 13. City has reviewed the Subdivider's request for an extension of time said tentative subdivision map and finds that granting the request sut to certain conditions will not be contrary to the public health, sa and we1 fare. NOW, THEREFORE, in consideration of the recitals and of the m~ covenants set forth herein, City and Subdivider agree as follows: 1. City agrees to extend Subdivider's Tentative Subdivision Map for year subject to whatever new or revised conditions the City in its discretion deem appropriate. 2. Subdivider knowingly and voluntarily waives any and all right to unconditioned extension of Tentative Subdivision Map No. 85-17 3. Subdivider knowing and voluntarily consents to the imposition ( condition of approval of the extension of Tentative Subdivision Map No.2 which requires payment of any fees which may be in effect at the timt approval of the final subdivision map for said subdivision or any por thereof and to the following additional conditions: A. This approval is expressly conditioned on the payment by applicant of a public facilities fee as required by City Coui Policy No. 17, issued and effective on April 22, 1986, on file \ the City Clerk and incorporated herein by reference, and accordin! the agreement executed by the applicant for payment of said fee. said fee is not paid as promised, this application will not consistent with the General Plan and the project cannot proceed this approval shall be void. B. This approval is expressly conditioned upon the subdividc compliance with any growth management system in effect at the 1 the final map is filed. Subdivider shall also pay or agree to (as decided by the City Council) all fees identified by the ( 4 s 0 9 t . Council as necessary to pay for the cost of providing facilitie improvements which are imposed pursuant to the growth manag system or any other appl i cab1 e 1 aws . 4. The provisions of Carlsbad Municipal Code Section 20.12.11( 20.24.180, as appropriate, shall govern extension of the map which i subject of this agreement. 5. If this agreement is for an extension of a tentative subdivisic for a minor subdivision, the appeal of the City Engineer's approva' 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 agre 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 final and the development shall not proceed a new tentative subdivision map has been approved. SUBD IV,IDER CITY OF CARLSBAD, a municipal corporat (1 ;,Lk/ bjp I B BY:J~'v I 1 - *J I,/ 1, id :/ ATTEST: - 8 LzLZLbpQ- VINCENT WY"80~6 ,b .zc. pif City Attorney City Clerk Notarial acknowledgement of execution by subdivider must be attached. corporate seal if appropriate. ALETHA L. RAUTENKRANZ 09/87 5 e * .'* f STATE OF CALIFORNIA 1 COUNTY OF ORANGE ) ) ss. On this 19th day of October, 1988, before me, the undersigned, a Notar Public in and for said State, personally appeared 1-W. Johnson, known to me to b the Vice President of HUNTINGTON BEACH COMPANY, that executed the withi instrument, and personally known to me to be the person whose name issubscribe to the within instrument on behalf of such corporation, and acknowledged to m that such corporation executed the same pursuant to its by-laws or a resolution c its Board of Directors. WITNESS my hand and official seal. Signature: JhaUc Theresa Killeen 2110 Mcin St., Humngion Beach, C4 92648 My commission expires 1/26/90 (This area reserved for official seal)