HomeMy WebLinkAbout1985-10-01; City Council; Resolution 81951
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RESOLUTION NO. 8195
I_a-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF
CERTAIN CONDITIONS.
TIME FOR TENTATIVE MAP NO. CT 82-7 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 8th day of
September, 1982, adopted Resolution No. 2007 approving, with conditions,
Tentative Map CT 82-7; and
WHEREAS, the City Council of the City of Carlsbad on the 17th day of July,
adopted Resolution No. 7672 extending Tentative Map CT 82-7 for a period 1984,
of one year to September 8, 1985; and
WHEREAS, Tentative Map CT 82-7 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,
the
said Tentative Subdivision Map will expire on September 8, 1985,
and 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
WHEREAS, the approval of an extension of Tentative Map CT 82-7 subject to
such conditions, in lieu of denial of the map, will allow the project to go
forward avoiding the unnecessary delay 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
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subject to the same set of conditions; and
WHEREAS, both the Developer and the City wish to extend the map subject to
the additional condition;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows :
A. That the above recitations are true and correct.
B. That Tentative Map CT 82-7 is hereby extended for one year from
September 8, 1985, to September 8, 1986, subject to the execution and
fulfillment of all the conditions of Resolution No. 7627 and 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, 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.
A 600' scale map of the subdivision shall be submitted to the Land
Use Planning Manager prior to the recordation of the final map. Said
map shall show all lots and streets within and adjacent to the
property.
Any signs proposed for this development shall be designed in
conformance with the City's Sign Ordinance and shall require review
and approval of the Land Use Planning Manager prior to installation
of such signs.
A uniform sign program for this development shall be submitted to the
Land Use Planning Manager for his review and approval prior to
occcupancy of any building.
All roof appurtenances, including air conditioners, shall be
architecturally integrated and concealed from view and the sound
buffered from adjacent properties and streets, pursuant to Building
Department Policy No. 80-6, to the satisfaction of the Land Use
Planning Manager and Building and Planning Director.
The project shall provide bus stop facilities at locations subject to
the satisfaction of the North County Transit District. Said
facilities shall at a minimum include a bench, free from advertising,
and a pole for the bus stop sign. The bench and pole shall be designed in a manner so as to not detract from the basic
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architectural theme of the project and said design shall be subject
to approval of the Land Use Planning Manager and North County Transit
District.
(7) The developer shall display a current Zoning and Land Use Map in the
sales office at all times, and/or suitable alternative to the
satisfaction of the Land Use Planning Manager.
(8) All sales maps that are distributed or made available to the public
shall include but not be limited to trails, future and existing
schools, parks and streets.
(9) Building identification and/or addresses shall be placed on all new
and existing buildings so as to be plainly visible from the street or
access road; color of identification and/or addresses shall contrast
to their background color.
(IO) Prior to occupancy of any units, the applicant shall construct a
directory sign at the entrance to the project. The design of this
sign shall be approved by the Land Use Planning Manager.
(11) If any condition for construction of any public improvements or
facilities, or the payment of any fees in lieu thereof , imposed by
this approval or imposed by law on this project are challenged this
approval shall be suspended as provided in Government Code Section 65913.5. If any such condition is determined to be invalid, this
approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of
law.
C. That the Agreement for
conditions upon the approval
between L.R. Partnership, a Lim
3uly 16, 1985, on file in the
Waiver of Prohibition against the imposition of
of an extension of a tentative subdivision map
ted Partnership and the City of Carlsbad, dated
Office of the City Clerk, is approved, and the
Mayor is authorized to execute such agreement on behalf of the City.
D. That this extension is approved in reliance upon said agreement. Any
legal challenge to or failure to perform said agreement or the conditions of
this resolution shall render this approval void and the map shall not be
final .
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
:ouncil held on the 1st day of October , 1985 by the following vote, to
lit :
AYES: Council Members Casler, Lewis, Kulckin, Chick and Pettine
NOES: None
ABSENT: None
4TTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL )
MARY H. &ASLEA, Mayor