HomeMy WebLinkAboutPrice Company, The; 1990-08-29;.
AGREEMENT FOR WqIVRR OF PROHIBITION AGAINST TEE IMPOSITION OF CONDITIONS
UPON THE APPROVAL OF AN EXTENSION OF
A TENTATIVE SUBDIVISION MAP
This Agreement is made this a& day of ~JUQ~ ,
I 19qo between the City of Carlsbad, a municipal corporation,
~ (hereinafter called VICityll) and 7He PRfcE o'??*l/
1 (hereinafter called nlSubdivider"),
I 1. Government Code Section 66452.6(e) and Carlsbad Municipal
I Code Sections 20.12.110 and 20.24.180 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
Ventative Subdivision Mapstf).
, 2. El Patio v. Permanent Rent Control Board, 110 Cal. App. 3d
915, modified 111 Cal. App. 3d 788 (1980) indicates that the
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 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 Section 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
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map.
4. Subdivider has requested City to approve the extension of
time for Tentative Subdivision Map No. CT 87-02 which was
initially approved on August 16, 1988.
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 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 said 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 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 with the General Plan or Municipal Code by
the imposition of conditions on the extension of tentative
subdivision maps.
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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
be contrary to the public health, safety and welfare.
NOW, THEREFORE, in consideration of the recitals and of the
mutual covenants 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 deem appropriate.
2. Subdivider knowingly and voluntarily waives any and all
right to the unconditioned extension of Tentative Subdivision Map
No. CT 87-02.
3. Subdivider knowing and voluntarily consents to the
imposition of a condition of approval of the extension of
Tentative Subdivision Map No. CT 87-02 which 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
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and to the following additional conditions:
A. 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 and effective on
April 22, 1986, 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.
B. This approval is expressly conditioned upon the
subdivider's compliance with any growth management
system in effect at the time the final map is filed.
Subdivider shall also pay or agree to pay (as decided by
the City Council) all fees identified by the City
Council as necessary to pay for the cost of providing
facilities and improvements which are imposed pursuant
to the growth management system or any other applicable
laws.
4. The provisions of Carlsbad Municipal Code Section
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 the agreement is
subsequently approved by the City Council.
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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.
SUBDIVIDER
BY:
ATTEST:
City Clerk
Notarial aaknorrledgement of exeaution by subdivider must be attached. Affir corporate seal if appropriate.
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STATE OF CALIFORNIA) )ss. COUNTY OF SAN DIEGO)
On this g.yfk day of me, the undersigned, a Nota State, personally appeared known to me to be the v ce P/a~~icpbM corporation that executed/the within instrument, of the and known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same, pursuant to its laws, or a resolution of its Board of Directors.
WITNESS my hand and official seal.
Signature 2 A
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