HomeMy WebLinkAbout1985-12-03; City Council; Resolution 8281l
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RESOLUTION NO. 8281
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF
CERTAIN CONDITIONS.
TIME FOR TENTATIVE MAP CT 81-50 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
13th day of October, 1982, adopted Resolution No. 2024
approving, with conditions, Tentative Map CT 81-50; and
WHEREAS, the City Council of the City of Carlsbad on the
6th day of November, 1984, adopted Resolution No. 7788
extending Tentative Map CT 81-50, including PUD-37, for a
period of one year to October 13, 1985; and
WHEREAS, Tentative Map CT 81-50 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
October 13, 1985, 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 Map CT
81-50 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
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.
8. That Tentative Map CT 81-50, including PUD-37, is
hereby extended for one year from October 13, 1985, to October
13, 1986, subject to the execution and fulfillment of all the
conditions of Resolution No. 7788 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.
(2) 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.
(3) The developer shall provide a minimum of 25 percent
of the lots with adequate sideyard area for
Recreation Vehicle storage pursuant to City
Standards. The CC&R's shall prohibit the storage of
recreational vehicles in the required front yard
setback.
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.
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
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.
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.
That the Agreement for Waiver of Prohibition against
the imposition of condit.ions upon the approval of an extension
of a tentative subdivision map between Michael D. O'Gara and
the City of Carlsbad, dated September 21, 1985, 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.
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
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Carlsbad City Council held on the 3rd day of December
1985 by the following vote, to wit:
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ATTEST:
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94
ALETHA L. RAUTENKRANZ, City derk
(SEAL)
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MARY HYCASLER, Mayor
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