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HomeMy WebLinkAboutJenna Group Inc; 1997-01-08;% AAMENT FOR WAivER OF PROHiBiaN I AGAINST THE IMPOSITION OF CONDITIONS UPON THE APPROVAL OF AN EXTENSION OF A TENTATIVE SUBDIVISION MAP This Agreement is made this fG day OH+ , 19H between the City of Carlsbad, a r 7 corporation, (hereinafter called I'City'l) and JENNA Group, Inc. (hereinafter called "Subdivider"). RECITALS 1. Government Code Section 66452.6(e) and Carlsbad Municipal Code Sections 20.12. 20.24.180 permit Subdividers to request and City to approve, conditionally approve or deny e) of time for the expiration of tentative maps or tentative parcel maps (hereinafter collective "Tentative Subdivision Maps"). El Patio v. Permanent Rent Control Board, 110 Cal. App. 3d 915, modified 11 1 Cal. App. 3d 7I indicates that the Government Code (Subdivision Map Act) may not authorize City to imF conditions; Le., those which were not imposed on the tentative subdivision map, upon the ext time for expiration of a tentative subdivision map, but also held that the City does have disi approve or deny such extensions. 2. 3. Government Code Section 66452.6(d) and Carlsbad Municipal Code Section 20.1 2.10 20.24.160 provide that expiration of a tentative subdivision map shall terminate all proceec that no final map or parcel map for any property covered by the tentative subdivision map sh; without first processing a new tentative subdivision map. Subdivider has requested City to approve the extension of time for Tentative Subdivision Carlsbad Tract 85-1 9 which was initially approved on October 22, 1985. Since the approval of said Tentative Subdivision Map, City has conducted studies which shoj construction of certain drainage facilities or thoroughfares are essential to protect and provii health, welfare, and safety of all of the present and future residents of City, including thosc reside in said subdivision. Since the approval of said Tentative Subdivision Map, City has adopted a major drainage fee thoroughfare fee or both to provide the funds to construct the necessary drainage fac thoroughfares. 4. 5. 6. 1 %7. 'Since the approval sf the a ative Subdivision Map, City has con ddc; ed studies which show ' to establish a public facilities fee in order to provide for public facilities to protect the publit safety and welfare of the present and future residents of City and to ensure that public fa1 serve the development will be available concurrent with need as required by City's Gener Developer agrees to pay said fees and has executed a contract which is on file with the City that effect. Because the original approval of said Tentative Subdivision Map occurred prior to the adoptic aforementioned fees, City did not condition the approval of said Tentative Subdivision Map payment of said fees. 8. 9. Since the initial approval of said Tentative Subdivision Map there may have been circumstances which require additional conditions of approval on the extension of the ' Subdivision Map to protect the public health, safety and welfare, to mitigate affects on the em or to ensure consistency of the extended map with the City's General Plan and Municipal Cod6 City arguably may not, without the voluntary consent of Subdivider, impose upon the extensic Tentative Subdivision Map conditions requiring payment of the fees mentioned above or c necessary to protect the public health, safety or welfare, or the environment or ensure consist1 the General Plan or Municipal Code. Without such voluntary consent of Subdivider to the imposition of conditions City may be re deny Subdivider's request for extension to ensure that the public health, safety and welfar environment are protected or that the General Plan or Municipal Code requirements are I Approval of the extension of said Tentative Subdivision Map without assurances that mentioned above would be paid for said subdivision would be contrary to the best interests o and would threaten the City's ability to protect and provide for the public health, safety and Subdivider agrees that it is in the best interest of City and Subdivider that City be able to pi public health, safety and welfare, or the environment or ensure consistency with the Gener: Municipal Code by the imposition of conditions on the extension of tentative subdivision maps. Subdivider realizes that denial of the requested extension could result in the expiration of the subdivision map. IO. 11. 12. Subdivider would then be required to incur substantial costs and time 2 * I processing a new tentativ a ubdivision map approval of which 8 Id be subject to new CI necessary to ensure consistency of the tentative subdivision map with the Subdivision Map California Environmental Quality Act, Titles 19, 20 and 21 of the Carlsbad Municipal Code, t 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 subdivi! and finds that granting the request subject to certain conditions will not be contrary to the pub1 safety and welfare. NOW, THEREFORE, in consideration of the recitals and of the mutual covenants set forth he 13. and Subdivider agree as follows: 1. City agrees to extend Subdivider's Tentative Subdivision Map until February 14, 199 to the existing, new and - revised conditions as described below, including any a or revisions as made by City Council within the approving resolution for the tentative map e> 2. Subdivider knowingly and voluntarily waives any and all right to the unconditioned ext Tentative Subdivision Map No. Carlsbad Tract 85-1 9. Subdivider further knowingly and voluntar the advice of his own independent legal counsel, waives any and all rights to any further disci extensions granted by the City, and the potential application by operation of law of the ! extension of existing tentative subdivision maps effected by Government Code section 6645 771) (or any similar future statutory extensions). tentative subdivision map shall expire on February 14, 1998 unless Subdivider makes a tim for a final map pursuant to Government Code section 66452.6(d). Additionally, SI understands and agrees that such waiver is only effective upon the applicant's receipt of a 4(1 issued prior to expiration of the tentative map, and, in accordance with the provisions of par below. Subdivider understands and agrees 2. Subdivider shall file for an application for a 4(d) permit at least sixty days pri date of expiration of the tentative map, and City shall act on the application for a 4(d) permit a days prior to the date of expiration of the tentative map. If the City does not issue a 4(d 3 Subdivider may request and Cit m ay grant a final one year extensio 9 of time, prior to the ex date for the tentative map. 4. Subdivider knowing and voluntarily consents to the imposition of a condition of approi extension of Tentative Subdivision Map No. Carlsbad Tract 85-19 which requires payment of any fe may be in effect at the time of approval of the final subdivision map for said subdivision or any portio and to the following additional conditions: A. This approval is expressly conditioned on the payment by the applicant of a public facifitic required by City Council Policy No. 17, issued and effective on April 22, 1986, on file witt- Clerk and incorporated herein by reference, and according to the agreement execute applicant for payment of said fee. If said fee is not paid as promised, this application WI consistent with the General Plan and the project cannot proceed and this approval shall be B. This approval is expressly conditioned upon the subdivider’s compliance with an) management system in effect at the time the final map is filed. Subdivider shall also pay to pay (as decided by the City Council) all fees identified by the City Council as necessai for the cost of providing facilities and improvements which are imposed pursuant to th management system or any other applicable laws. C. Revised No. 43: REVISED CONDITIONS (PC Reso. No. 2488): Engineering Condition of Approval No. 43 is hereby deleted. and replaced with L Condition “B”. Engineering Condition of Approval No. 44 is hereby deleted. Engineering Condition of Approval No. 46 is hereby deleted. Direct Access rights for all lots abutting Rancho Santa Fe Road and Melrose Drive shall be waived on the final map. The following lots shall waive access Street “B” on the final map: Lot No’s: 59, 68, 86, 92, 94 and 116 Lds G4, !?e, 9 ad-58. This development proposes three phases of construction. The following imprc shall be constructed prior to occupancy of any unit within the specified phase:, Revised No. 44: Revised No. 46: Revised No. 47: Revised No. 51 : hn Sa.&- Cn Dn Phase I hnm Cn me , U“ 4 0 0 0 Interior Streets B (to phase I boundary), F, G, and J. P,, ‘3 ~zd !+ All sewer, water and storm drain facilities necessary to serve this unitlphase. 0 A temporary desiltation basin to adequately desilt storm water run-off from this s Street B to the Phase II boundary, D and E - mentioned above. All sewer, water and storm drain facilities necessary to serve this unitlphase. 0 A temporary desiltation basin to adequately desilt storm water run-off from this s Re-location of all public utilities as required by the City Engineer. (The remaining public improvements necessary to serve the site.) 0 Streets A, B, C and H l+F-awS as mentioned in previous condition. A temporary desiltation basin to adequately desilt storm water run-off from this s 0 Re-location of all public utilities as required by the City Engineer. 0 All sewer, water and storm drain facilities necessary to serve this unitlphase. Signalization of Alga Road and Melrose Drive Avewe. Re-location of all public utilities, from Redwing Street to Alga Road as require City Engineer. Should the developer decide to final any map and develop phases out of n sequence with the approved phasing as shown on the tentative map, all c( required of the preceding phases shall be completed unless otherwise approve City Engineer and Planning Director w. Engineering Condition of Approval No. 58 is hereby deleted and replaced with P Phase II Phase Ill Revised No. 53: Revised No. 58: Condition “A. Revised No. 59: Engineering Condition of Approval No. 59 is hereby deleted and replaced with E Condition “B”. This subdivision contains a remainder parcel. No building permit shall be issuer parcel until the offer of dedication for public right of way is terminated remainder parcel it is further subdivided pursuant to the provisions of Title 2 Carlsbad Municipal Code. This note shall be placed on the final map. Access this parcel shall be waived along proposed Rancho Santa Fe Road and Melrose Drive. Revised No. 66: ADDITIONAL ENGINEERING CONDITIONS: A. Prior to approval of any final map, the developer shall pay their fare share contrik the realignment and construction of Rancho Santa Fe Road to mitigate cumulative caused by the project to this roadway. Configuration and construction of the Ram 5 4 Fe Road/Me @ e Drive intersection adjacent to this p 8 ct is deferred to a later d determined by the City Engineer. Prior to approval of any final map, the developer shall dedicate an additional 15' ( way, within a minimum 435' transition at the northerly right of way line for Ranc Fe Road, so that an additional westbound right turn lane can be added to the int configuration at the Rancho Santa Fe RoadIMelrose Drive intersection, to the SE of the City Engineer. Prior to approval of any final map, the developer shall make an offer of dedic public roadway purposes for the entire Remainder Parcel located southeast of the Santa Fe RoadIMelrose Drive intersection, to the satisfaction of the City Engineer B. C. ADDITIONAL PLANNING CONDITION: A. Prior to the recordation of the first final tract map or the issuance of building whichever occurs first, the developer shall prepare and record a Notice that this may be subject to noise impacts from Melrose Drive and Rancho Santa Fe R( form meeting the approval of the Planning Director and City Attorney (see Noise on file in the Planning Department). Said Notice shall be included in the project's 4 Thn ~>fea~tsteffs nf .. qnqn ian w L".L I. I"" c u. ill Ill Ill Ill /I/ Ill Ill Ill Ill i/i Ill Ill 6 '4. Any action by Subdi a er to challenge the legality of this agr 6, ent or any failure by SI to pay the fees and comply with any other conditions applicable to the extension shall void the ap such extension. The map shall not final and the development shall not proceed until a new subdivision map has been approved. SUBDIVIDER: APPROVED AS TO FORM: RONALD R. BALL City Attorney / t 2 ,-, Notarial acknowledgment of execution by subdivider must be attached. appropriate. Affix corporate 7 V e e ALL PURPOSE ACKNOWLEDGEMENT NAME. TITLE OF OFFICER, E.G. JAN DOE, NOTARY R)(vIC OFRCER(S1 TITLEIS personally appeared ;T'hQT hk-uxmb NAMEtSI OF SIGHRISI %personally known to me - OR - proved to me on the basis of satisfactory cknowledged to me that helshelthey executed [7 GUARDlANlCONS acted. executed the instrument. SIGNER IS REPRE: HIYE OF PERSoNlSl OR ENmyuI Witness my hand and official seal. SiGNATURE OF NOTARY THIS CERTIFICATE Title or Type of Document MUST BE ATACHED Number of Pages TO THE DOCUMENT Signerls) Other Than Named Above Date of Document __