HomeMy WebLinkAbout1984-07-17; City Council; Resolution 7671I
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RESOLUTION NO. 7671
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF
CERTAIN CONDITIONS. TIME FOR TENTATIVE MAP CT 81-39 SUBJECT TO
WHEREAS, Section 66473.5 of the Subdivision Map Act provides
that a tentative subdivision map may not be approved unless it is
consistent with all applicable general and specific plans; and
WHEREAS, the City Council of the City of Carlsbad on the 2nd
day of February, 1982, adopted Resolution No. 6777 approving, with
conditions, Tentative Map CT 81-39; and
WHEREAS, the City Council of the City of Carlsbad on the
19th day of July, 1983, adopted Resolution No. 7297 extending
Tentative Map CT 81-39 for a period of one year to August 2, 1984;
and
WHEREAS, Tentative Map CT 81-39 is now inconsistent with the
General Plan of the City of Carlsbad because the City Council has
found that public facilities are inadequate; and
WHEREAS, said Tentative Subdivision Map will expire on
August 2, 1984, and the Applicant has requested an extension of
time which cannot be approved unless the subdivision can be
brought into conformity with the General Plan; and
WHEREAS, the addition of certain conditions of approval to
the subdivision will allow it to be found to be in conformity with
the General Plan and the Developer has requested the imposition of
such conditions and agreed to comply with them; and
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WHEREAS, the approval of an extension of Tentative
Yap CT 81-39 subject to such conditions, in lieu of denial of the
nap, will allow the project to go forward avoiding the unnecessary
jelay to the City and to the Developer involved with denial and
the new application which would then be approved subject to the
same set of conditions; and
WHEREAS, both the Developer and the City wish to extend the
nap subject to the additional condition;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
2ity of Carlsbad, California, as follows:
A. That the above recitations are true and correct;
B. That Tentative Map CT 81-39, including CP-185, are hereby
Zxtended for one year from August 2, 1984, to August 2, 1985,
subject to the execution and fulfillment of all the conditions of
3esolution No. 7297 and the following additional condition:
(1) This approval is expressly conditioned on the payment by the Applicant of a Public Facilities Fee as required by
City Council Policy No. 17, dated February 24, 1982, and effective April 2, 1982, 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.
C. That the agreement for waiver of prohibition against the
imposition of conditions upon the approval of an extension of a
tentative subdivision map between La Costa Hotel 8, Spa and the
City of Carlsbad, dated May 24, 1984, on file in the Office of the
City Clerk, is approved, and the Mayor is authorized to execute
such agreement on behalf of the City.
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D. That this extension is approved in reliance upon said
greement. Any legal challenge to or failure to perform said
greement or the conditions of this resolution shall render this
pproval void and the map shall not be final.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
ouncil of the City of Carlsbad, California, held on the
17th day of JdY , 1984, by the following vote, to
it:
AYE S :
NOES: None
ABSENT: Council Mmkr Chick
Council Mmbers Casler, Lewis, Kulchin and Prescott
[TEST:
UTENKRANL , City CJerk lLktL k.
;EAL)