HomeMy WebLinkAboutL R Partnership LTD; 1984-06-26;AGREEMENT FOR WAIVER OF PROHIBITION
AGAINST THE IMPOSITION OF CONDITIONS
UPON THE APPROVAL OF AN EXTENSION OF
A TENTATIVE SUBDIVISION MAP
This Agreement is made this 26th day of _june
19 8^ between the City of Carlsbad, a municipal corporation,
(hereinafter called "City") and L. R. Partnership, Ltd. ,
a limited partnership (hereinafter called "Subdivider")*
RECITALS
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1. Government Code Section 66452.6(e) and Carlsbad Municipal
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Code Sections 20.12.110 and 10.24.180 permit Subdividers to
request and City to approve, conditionally approve or deny
extensions of time for the expiration of tentative maps or
tentative parcel maps (hereinafter collectively called
"Tentative Subdivision Maps").
2» El Patio v. Permanent Rent Control Board, 110 Cal. App.3d
915, modified 111 Cal. App 3d 788 (1980) indicates that the
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Government Code (Subdivision Map Act) may not authorize City
to impose new conditions; i.e., those which were not
imposed on the tentative subdivision map, upon the
extension of the time for expiration of a tentative
subdivision map, but also held that the City does have
discretion to approve or deny such extensions.
3. Government Code Section 66452.6(d) and Carlsbad Municipal
Code Sections 20.12.100(d) and 20.24.160 provide that
expiration of a tentative subdivision map shall terminate
all proceedings and that no final map or parcel map for any
property covered by the tentative subdivision map shall be
filed without first processing a new tentative subdivision
map.
4. Subdivider has requested City to approve the extensioin of
time for Tentative Subdivision Map No. CT 82-7
which was initially approved on Sept. 8, 1982 .
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5. Since the approval of said Tentative Subdivision Map, City
has conducted studies which show that the-construction of
certain drainage facilities or thoroughfares are essential
to protect and provide for the health, welfare, and'safety
of all of the present and future residents of City,
including those who will reside in said subdivision.
6. Since the approval of said Tentative Subdivision Map, City
has adopted a major drainage fee or major thoroughfare fee
or both to provide the funds to construct the necessary
drainage facilities and thoroughfares.
7. Since the approval of the Tentative Subdivision Map, City
has conducted studies which show the need to establish a
public facilities fee in order to provide for public
facilities to protect the public health, safety and welfare
of the present and future residents of City and to ensure
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that public facilities to serve the development will be
available concurrent with need as required by City's
. general plan. Developer agrees to pay said fees and has
executed a contract which is on file with the City Clerk to
that effect.
8. Because the original approval of said Tentative Subdivision
Map occurred prior to the adoption of the aforementioned
fees, City did not condition the approval of said Tentative
Subdivision Map with the payment of said fees.
9. Since the initial approval of the Tentative Subdivision Map
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there may have been changed circumstances which require
additional conditions of approval on the extension of the
Tentative Subdivision Map to protect the public health,
safety, and welfare, to mitigate affects on the environment
or to ensure consistency of the extended map with the City's
general plan and Municipal Code.
10. City arguably may not, without the voluntary consent of
Subdivider, impose upon the extension of said Tentative
Subdivision Map conditions requiring payment of the fees
mentioned above or conditions necessary to protect the
public health, safety or welfare, or the environment or
ensure consistency with the general plan or Municipal Code.
11. Without such voluntary consent of Subdivider to the
imposition of conditions City may be required to deny
Subdivider's request for extension to ensure that the
public health, safety and welfare or the environment are
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protected or that the general plan or Municipal Code
requirements are satisfied. Approval of the extension of
said Tentative Subdivision Map without assurances that the
fees mentioned above would be paid for said subdivision
would be contrary to the best interests of the City and
would threaten the City's ability to protect and provide
for the public health, safety, and welfare. Subdivider
agrees that it is in the best interest of City and
Subdivider that City be able to protect the public health,
safety and welfare, or the environment or ensure consistency
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with the general plan or Municipal Code by the imposition
of conditions on the extension of tentative subdivision
maps.
12. Subdivider realizes that denial of the requested extension
could result in the expiration of the tentative subdivision
map. Subdivider would then be required to incur
substantial costs and time delays in processing a new
tentative subdivision map approval of which would be
subject .to new conditions necessary to ensure consistency
of the tentative subdivision map with the Subdivision Map
Act, the California Environmental Quality Act, Titles 19,
20 and 21 of the Carlsbad Municipal Code, the City's
General Plan and to protect the public health, safety and
welfare.
13. City has reviewed the Subdivider's request for an extension
of time for said tentative subdivision map and finds that
granting the request subject to certain conditions will not
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be contrary to the public health, safety/ and welfare.
NOW, THEREFORE, in consideration of the recitals and of the
mutual convenants set forth herein, City and Subdivider agree as
follows:
1. City agrees to extend Subdivider's Tentative Subdivision Map
for one year subject to whatever new or revised conditions the
City in its sole discretion deems appropriate.
2. Subdivider knowingly and voluntarily waives any and all rights to
the unconditioned extension of Tentative Subdivision Map No. CT 82-7
3. Subdivider knowingly and voluntarily consents to the imposition
of a condition of approval of the extension of Tentative
Subdivision Map No. GT 82-7which requires payment of any fees
which may be in effect at the time of approval of the final
subdivision map for said subdivision or any portion thereof and
to the following additional conditions:
This approval is expressly conditioned on the payment by
the applicant of a public facilities fee as required by
City Council Policy No. 17, issued 2/24/82 and effective
4/2/82, on file with the City Clerk and incorporated herein
by reference, and according to the agreement executed by
the applicant for payment of said fee. If said fee is not
paid as promised, this application will not be consistent
with the General Plan and the project cannot proceed and
this approval shall be void.
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4. The provisions of Carlsbad Municipal Code Sections 20.12.110
and 20.24.180, as appropriate, shall govern extension of the
map which is the subject of this agreement.
5. If this agreement is for an extension of a tentative subdivision
map for a minor subdivision, the appeal of the City Engineer's
approval, or conditional approval, of the extension by any party
shall void this agreement unless
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the agreement is subsequently approved by the City Council,
6. Any action by Subdivider to challenge the legality of this
agreement or any failure by Subdivider to pay the fees and
comply with any other conditions applicable to the
extension shall void the approval of such extension. The
map shall not final and the development shall not proceed
until a new tentative subdivision map has been approved.
ATTEST:
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CITY OF CARLSBAD, a municipal
corporation
ALETHA L. RAUTENKRANZ,
City Clerk
By
MAYOR (Majtfr Subdivisions)
CITY ENGINEER (Minor Sub-
divisions)
APPRO\£EJJ^AS TO FORM:
VICENT Elf. BI
By
City Attorney
SUBDIVIDER
L. R. Partnership, Ltd.
By.
Jpujies
]MLPr£ 'lU-
, General Partner
J t
Arthur Tony Howard-Jones, General
, City Attorney Partner
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(Notarial acknowledgement of execution by
subdivider mast be attached)
(Affix corporate seal if appropriate)
6.
la.
SAFECO
TITLE INSURANCE
STATE OF CALIFORNIA
COUNTY OF San Diego
On this the. 29th
SS.
_ day of June 19__°2L, before me, the undersigned, a Notary Public in and for
.0.
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Q_
1C
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said State, personally appeared James V. Jensen and Arthur Tony Howard Jones
, personally known to me or proved to
me on the basis of satisfactory evidence to be the person who
executed the within instrument as general
of partners of the partnership that executed the within instrument, and
acknowledged to me that such partnership executed the same.
WITNESS my hand and official seal.
Signature :E". Lynne Riemer
FOR NOTARY SEAL OR STAMP
(OFFICIAL SEAL)
E. LYNNE RIEMER
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICb IN
SAN DIEGO COUNTY
My Commission Expires Mar- 29, 1989