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HomeMy WebLinkAboutMarch Group Inc; 1987-07-17;1 @ 0 ._ AGREEMENT FOR WAIVER OF PROHIBITION AGAINST THE IHPOSITION OF CONDITIONS UPON THE APPROVAL OF AN EXTENSION OF A TENTATIVE SUBDIVISION HAP, //7& day Of !* This Agreement is made this between the City of Carlsbad, a municipal corporation, (herei called 'lCityft) and MARCH GROUP, INC. California Corporation , (hereinafter called "Subdivider"). RECITALS 1. Government Code Section 66452.6(e) and Carlsbad Municip: Sections 20.12.110 and 10.24.180 permit Subdividers to I and City to approve, conditionally approve or deny extens. time for the expiration of tentative maps or tentative maps (hereinafter collectively called "Tentative Subd Maps" 1. 2. El Patio v. Permanent Rent Control Board, 110 Cal. App. modified 111 Cal. App. 3d 788 (1980) indicates t Goverment Code (Subdivision Map Act) may not authorize impose new conditions; i.e., those which were not imposed tentative subdivision map, upon the extension of ti expiration of a tentative subdivision map, but also held t City does have discretion to approve or deny such extensic 3. Government Code Section 66452.6(d) and Carlsbad Municil a 0 Sections 20.12.100(d) and 20.24.160 provide that expiratior tentative subdivision map shall terminate all proceedin! that no final map or parcel map for any property covered t tentative subdivision map shall be filed without first proct a new tentative subdivision map. 4. Subdivider has requested City to approve the extension o for Tentative Subdivision Map No. CT 84-28 which was ini approved on FEBRUAKY 14, 1985 5. Since the approval of said Tentative Subdivision Map, Ci conducted studies which show that the construction of c drainage facilities or thoroughfares are essential to prote provide for the health, welfare, and safety of all of the p and future residents of City, including those who will res said subdivision. 6. Since the approval of said Tentative Subdivision Map, Ci adopted a major drainage fee or major thoroughfare fee or b provide the funds to construct the necessary drainage faci and thoroughfares. 7. Since the approval of the Tentative Subdivision Map, Ci conducted studies which show the need to establish a facilities fee in order to provide for public facilit protect the public health, safety and welfare of the prese future residents of City and to ensure that public facilit serve the development will be available concurrent with r required by City's General Plan. Developer agrees to p: fees and has executed a contract which is on file with tt 0 0 Clerk to that effect. 8. Because the original approval of said Tentative Subdivisio occurred prior to the adoption of the aforementioned fees, did not condition the approval of said Tentative Subdivisic with the payment of said fees. 9, Since the initial approval of said Tentative Subdivisii there may have been changed circumstances which ri additional conditions of approval on the extension o Tentative Subdivision Map to protect the public health, I and welfare, to mitigate affects on the environment or to consistency of the extended map with the City's General P1 Municipal Code. IO. City arguably may not, without thle voluntary conse Subdivider, impose upon the extension of said Ter Subdivision Map conditions requiring payment of the mentioned above or conditions necessary to 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 to the imposii conditions City may be required to deny Subdivider's requi extension to ensure! that the public health, safety and w or the environment are protected or that the General Municipal Code requirements are satisfied. Approval extension of said Tentative Subdivision Map without ass that the fees mentioned above would be paid for said subd would be contrary to the best interests of the City an 0 e threaten the City's ability to protect and provide for the I health, safety and welfare. Subdivider agrees that it is best interest of City and Subdivider that City be able to p the public health, safety and welfare, or the environrn ensure consistency with the General Plan or Municipal Code imposition of conditions on the extension of ten subdivision maps. 12. Subdivider realizes that denial of the requested extension result in the expiration of the tentative subdivisio Subdivider would then be required to incur substantial co: time delays in processing a new tentative subdivisic approval of which would be subject to new conditions neces: ensure consistency of the tentative subidivison map w' Subdivision Map Act, the California Environmental Quali Titles 19, 20 and 21 of the Carlsbad Municipal Code, the General Plan and to protect the public health, saf welfare. 13. City has re~ie~wed the Subdivider's request for an exten time for said tentative subdivision map and finds that g the request subject to certain conditions will not be cont the public health, safety and welfare. NOW, THEREFORE, in consideration of the recitals anc mutual covenants set forth herein, City and Subdivider z follows: 1. City agrees to extend Subdivider's Tentative Subdivi for one year subject to whatever new or revised conditions the 'i 0 e .* its sole discretion deems appropriate. 2. Subdivider knowingly and voluntarily waives any an rights to the unconditioned extension of Tentative Subdivision Ma CT 84-28 . 3, Subdivider knowingly and voluntarily consents tl imposition of a condition of approval of the extension of Ten Subdivision Map No. CT -- 84-28 which requires payment of any fees may be in effect at the time of approval of the final subdivisi for said subdivision or any portion thereof and to the fol additional conditions: a. This approval is expressly conditioned on the payment applicant of a public facilities fee as required i- Council Policy No. 17, issued and effective on Api 1986, on file with the City Clerk and incorporated hei reference, and according to the agreement executed applicant for payment of said fee. If said fee is n as promised, t,his application will not be consiste the General Pl.an and the project cannot proceed a approval shall be void. b. This approval is expressly conditioned upon the subdi compliance with any growth management system in ef the time the final map is filed. Subdivider shall ; or agree to pay (as decided by the City Council) ' identified by the City Council as necessary to pay cost of providing facilities and improvements wl imposed pursuant to the growth management syste personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed IJ g ‘E President, and 3 the within instrument as the _________--------- Iw personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Secretary of the Corporation that executed the within instrument and acknowledged to me that such corporation executed the within instru- ment pursuant to its by-laws or a resolution of Its board of directors. WITNESS my hand and official seal. Signature i .i * (This area for officlal notarial seal) ? 0 * c other applicable laws. 4. The provisions of Carlsbad Municipal Code Section 20 and 20.24.180, as appropriate, shall govern extension of the ma is the subject of this agreement. 5. If this agreement is for an extension of a te subdivision map for a minor subdivision, the appeal of t Engineer’s approval, or conditional approval, of the extensior party shall void this agreement unless the agreement is subs€ approved by the City Council. 6. Any action by Subdivider to challenge the legality agreement or any failure by Subdivider to pay the fees and coml any other conditions applicable to the extension shall approval of such extension. The map shall not final development shall not proceed until a new tentative subdivi has been approved. SUBDIVIDER: MARCH GROUP, INC. CITY OF CARLSBAD, a mun A CaJ-i:orua Corporation corporation 1 / . ^* i .* BY; .- t.%\.,- $ =A? i BY: ’ /, , ?‘.chard B. Therrien, MAYOR (Major Subdivi Pre 3 iaent ACTING CITY ENGINEEF Subdivisions) APPROVED AS TO FORM: ATTEST: I /-2 City Attorney Notorial acknowledgement of execution by subdivider must be a Affix corporate seal if appropriate- 06/86 4 ir