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HomeMy WebLinkAbout1986-11-04; City Council; Resolution 8871I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2c 21 22 22 24 25 26 27 28 RESOLUTION NO. 8871 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF CERTAIN CONDITIONS. TIME FOR TENTATIVE MAP NO. 83-12 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 27th day of July, 1983, adopted Resolution No. 2155 approving, with conditions, Tentative Map CT 83-12 and Specific Plan 185; and WHEREAS, the City Council of the City of Carlsbad on the 6th day of August, 1985, adopted Resolution No. 8115 extending Tentative Map CT 83-12, including Specific Plan 185, for a period of one year to July 27, 1987; and WHEREAS, Tentative Map CT 83-12 is now inconsistent with the General Plan of the City of Carlsbad because the City facilities are inadequate; and WHEREAS, said Tentative Subdivision Map wil the Applicant has requested an extension of Council has found that public expire on July 27, 1986, and 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 83-12 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 4 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 subject to the same set of conditions; and WHEREAS, both the Developer and the City wish to extend the map subject to the additional conditions; 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 83-12, including Specific Plan 185, is hereby extended for one year from July 27, 1986, to July 27, 1987, subject to the execution and fulfillment of all the conditions of Resolution Nos. 2155 and 8115 and the following additional conditions: (1) This project is also approved under the express condition that the applicant pay the public facilities fee adopted by the City Council on April 22, 1986 and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or facilities and improvement plan and to fulfill the subdivider's agreement to pay the public facilities fee dated August 27, 1986 and the agreement to pay the Growth Management Fee dated August 27, 1986, copies of which are on file with the City Clerk and are incorporated by this reference. If the fees are not paid this application will not be consistent with the General Plan and approval for this project shall be void. (2) Before and as a condition of obtaining a final map, or final development permit or site plan approval under Title 21 of the Carlsbad Municipal Code, the subdivider shall enter into a contract with the City whereby the subdivider covenants on behalf of the subdividers and the subdivider's successors in interest to the following: a. Not opposing and consenting to the formation of a bridge and major thoroughfare district for the area of the district in which this development is located. b. Payment of the bridge and major thoroughfare fee for the area of the district in which this development is located. c. Payment of the traffic impact fee established for the area in which the project is located. (3) Comply with all requirements of Carlsbad Ordinance No. 9808. This project shall - not be considered exempt per Section 21.90.030 of the above mentioned ordinance. /// * 1 3 4 5 6 7 a 9 10 11 12 1€ 1s 2c 21 22 2: 24 25 26 27 2E Access rights shall be waived on the Final Map for this project except as shown on Exhibit 2. Prior to final map approval, the applicant shall revise the grading concept for this project and shall significantly reduce the earthwork as originally approved. The City Engineer and Planning Director shall approve the revised grading concept. The graded areas (including pads and slopes) shall be planted and regularly irrigated immediately following rough grading. Plans and specifications and appropriate guarantees for this activity shall be posted with the City prior to approval of final map or grading plan. Prior to approval of a final map, which includes lots within Areas D or E of Specific Plan 185, the owner/developer shall agree to participate in and not to oppose the formation of an assessment district to construct the Rancho del Oro overpass and interchange at Highway 78. Prior to issuance of building permits, the owner/developer shall incorporate into the design of this project all conditions of the Buena Vista Lagoon and Watershed Sediment Control Plan, as prepared by June Applegate and Associates on September 3, 1985. The applicant shall comply with all provisions of the Carlsbad Municipal Code Section 21.90 (Growth Management System). Final map approval is prohibited until the Growth Management Plan for the zone in which this project is located has been approved by the City Council. 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 Carlsbad Professional Park and the City of Carlsbad, dated June 25, 1986, 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. /// /// /// /// /// /// /// ? .I 1 2 3 4 5 6 7 8 9 10 11 12 12 14 1E 1E 17 1€ 15 2c 21 2; 2( 2'; 2E D. That this extension is approved in reliance upon said agreement. Any legal 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 . challenge PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 4th day of November , 1986 by the following vote, to wit: AYES : NOES: ABSEN Council Members Lewis, Kulchin and Pettine Council Members Casler and Chick : None MARY H.jkASLER, Mayor ATTEST : &/- ALETHA L. RAUTENKRANZ, City Cler (SEAL )