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HomeMy WebLinkAboutHuntington Beach Co; 1990-09-17;5 4 .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&,;