HomeMy WebLinkAboutHuntington Beach Co; 1990-09-17;5
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.AGREEMENT FOR WAIVER OF p dbb, IBITION
AGAINST THE IMPOSITION OF CONDITIONS
UPON THE APPROVAL OF AN EXTENSION OF
A TENTATIVE SUBDIVISION MAP
This Agreement is made this /?' day of y&k'#!
1970 between the City of Carlsbad, a municipal corpoi
(hereinafter called IICityvr) and Huntington Beach (
(hereinafter called I1Subdivideri1) .
RECITALS
1. Government Code Section 66452.6(e) and Carlsbad Mu1
Code Sections 20.12.110 and 20.24.180 permit Subdivic
request and City to approve, conditionally approve c
extensions of time for the expiration of tentative n
tentative parcel maps (hereinafter collectively
IITentative Subdivision Maps") .
~l Patio v. Permanent Rent Control Board, 110 Cal, F
915, modified 111 Cal. App. 3d 788 (1980) indicates tl
Government Code (Subdivision Map Act) may not authorir
to impose new conditions; i.e., those which were not i
on the tentative subdivision map, upon the extension c
for expiration of a tentative subdivision map, but ale
that the City does have discretion to approve or den
extensions.
2.
3. Government Code Section 66452.6(d) and Carlsbad Mun
Code Section 20.12.100 (d) and 20.24.160 provide
expiration of a tentative subdivision map shall terminz
proceedings and that no final map or parcel map fc
property covered by the tentative subdivision map 9
filed without first processing a new tentative subdi
map.
Rev. 7/25, 1 Agrt?ements\Ag-25.frm
CT 05 I1
1
Agrc
4. Subdivid has requested City to a ove the extens a, 8
time for Tentative Subdivision Map No. CT 85-17 whi
initially approved on November 12, 1986 was extenc
months and was due to expire July 13, 1990.
5. Since the approval of said Tentative Subdivision Map
has conducted studies which show that the construct
certain drainage facilities or thoroughfares are essent
protect and provide for the health, welfare, and saf
all of the present and future residents of City, inc
those who will reside in said subdivision.
6. Since the approval of said Tentative Subdivision Map
has adopted a major drainage fee or major thoroughfare
both to provide the funds to construct the necessary dr,
facilities and thoroughfares.
7. Since the approval of the Tentative Subdivision Map, Ci
conducted studies which show the need to establish a 1
facilities fee in order to provide for public facilit
protect the public health, safety and welfare of the p:
and future residents of City and to ensure that 1
facilities to serve the development will be ava:
concurrent with need as required by City's General
Developer agrees to pay said fees and has eyecuted a COI
which is on file with the City Clerk to that effect.
8. Because the original approval of said Tentative Subdii
Map occurred prior to the adoption of the aforemenl
fees, City did not condition the approval of said Tent
Subdivision Map with the payment of said fees.
Since the initial approval of said Tentative Subdivisic
there may have been changed circumstances which rE
ements\Ag-25.h 2 Rev. 7/25/'
9.
1
?. additiona 9 conditions of approval on 0 the extension 1
Tentative Subdivision Map to protect the public h
safety and welfare, to mitigate affects on the environlr
to ensure consistency of the extended map with the
General Plan and Municipal Code.
10 City arguably may not, without the voluntary const
Subdivider, impose upon the extension of said Ten
Subdivision Map conditions requiring payment of tht
mentioned above or conditions necessaryto protect the
health, safety or welfare, or the environment or
consistency with the General Plan or Municipal Code.
11. Without such voluntary consent of Subdivider ti
imposition of conditions City may be required tc
Subdivider's request for extension to ensure that the
health, safety and welfare, or the environment are pro
or that the General Plan or Municipal Code requiremen
satisfied. Approval of the extension of said Ten
Subdivision Map without assurances that the fees men
above would be paid for said subdivision would be cantr
the best interests of the City and would threaten the
ability to protect and provide for the public health,
and welfare. Subdivider agrees that it is in thc
interest of City and Subdivider that City be able to p
the public health, safety and welfare, or the environm
ensure consistency with the General Plan or Municipal C
the imposition of conditions on the extension of ten
subdivision maps.
12. Subdivider realizes that denial of the requested eXt
could result in the expiration of the tentative subdi
Agre1~rnentsWg-25.frm 3 Rev. 7/25)
I.
map. S 9 divider would then be required 0 to incur subs
costs and time delays in processing a new tc
subdivision map approval of which would be subject
conditions necessary to ensure consistency of the tc
subdivision map with the Subdivision Map Act, the cal
Environmental Quality Act, Titles 19, 20 and 21
Carlsbad Municipal Code, the City's General Plan
protect the public health, safety and welfare.
City has reviewed the Subdivider's request for an ex
of time for said tentative subdivision map and fin
granting the request subject to certain conditions k
be contrary to the public health, safety and welfare
NOW, THEREFORE, in consideration of the recitals and
mutual covenants set forth herein, City and Subdivider a
follows:
13.
1. City agree sto extend Subdivider's Tentative Subd
Map for one year subject to whatever new or revised conditi
City in its sole discretion deem appropriate.
2. Subdivider knowingly and voluntarily waives any
right to the unconditioned extension of Tentative Subdivis
NO. CT 85-17.
3. Subdivider knowing and voluntarily consents
imposition of a condition of approval of the extens
Tentative Subdivision Map No. CT 85-17 which requires pay
any fees which may be in effect at the time of approval
final subdivision map for said subdivision or any portion
and to the following additional conditions:
A. This approval is expressly conditioned on the pal
the applicant of a public facilities fee as requ
Ags?ernents\Ag-25.h 4 Rev. 7/2
.. L
,- City 0 Council Policy No. 17, I) issued and effect
April 22, 1986, on file with the City Clei
incorporated herein by reference, and according
agreement executed by the applicant for payment (
fee. If said fee is not paid as promised
application will not be consistent with the Gener;
and the project cannot proceed and this approval
be void.
B. This approval is expressly conditioned up0
subdivider's compliance with any growth mana
system in effect at the time the final map is
Subdivider shall also pay or agree to pay (as decj
the City Council) all fees identified by the
Council as necessary to pay for the cost of pro
facilities and improvements which are imposed pu
to the growth management system or any other appl
laws.
4. The provisions of Carlsbad Municipal Code S
20.12.110 and 20.24.180, as appropriate, shall govern extens
the map which is the subject of this agreement.
5. If this agreement is for an extension of a ten1
subdivision map for a minor subdivision, the appeal of tht
Engineer's approval, or conditional approval, of the extens
any party shall void this agreement unless the agreeme
subsequently approved by the City Council.
6. Any action by Subdivider to challenge the legali
this agreement or any failure by Subdivider to pay the fee
comply with any other conditions applicable tothe extension
void the approval of such extension. The map shall not fin;
Agr.ementsV\g-25,frm 5 Rev. 7/25/
i. roceed until 0 a new tel
(*
subdivision map has been approved.
SUBDIVIDER
(Minor Subdivisions)
ATTEST :
KAREN KUNDTZ
Assistant City Clerk
Notarial acknowledgement of execution by subdivider ma
attached. Affix corporate seal if appropriate.
Rev. 7/25/ 6 Ji
-c 0 e .+
STATE OF CALIFORNIA )
COUNTY OF ORANGE 1 ) 5s.
On this 17th day of September, 1990, before me, the undersigned, i
Notary Public in and for said State, personally appeared 8.1. SHALLY and A. 1. CLARA
personally known to me to be the Vice President and Assistant Secretarynreasurer 01
HUNTINGTON BEACH COMPANY, that executed the within instrument, anc
personally known to me to be the persons whose names are subscribed to the withir
instrument on behalf of such corporation, and acknowledged to me that such
corporation executed the same pursuant to its by-laws or a resolution of its Board of
Directors.
WITNESS my hand and official seal.
si g n at u re ;i A~~&J&A&,;