HomeMy WebLinkAbout1990-11-13; City Council; Resolution 90-405ll e 0
// RESOLUTION NO. 9 0 - 4 0 5
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD CALIFORNIA, APPROVING AN EXTENSION OF
CONDITIONS.
TIME FOR TENTATIVE MAP NO. 85-1 7 SUBJECT TO CERTAIN
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WHEREAS, Section 66473.5 of the Subdivision Map Act provides that a ter
subdivision map may not be approved unless it is consistent with all applicable gener; 11 specific plans; and 7
WHEREAS, the City Council of the City of Carlsbad on the 12th day of Nove
1986, adopted Resolution No. 8873 approving, with conditions, Tentative Map CT 85-1:
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X() I1 WHEREAS, the City Council of the City of Carlsbad on the 2nd day of February,
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Applicant has requested an extension of time which cannot be approved unles l6
WHEREAS, said Tentative Subdivision Map will expire on July 13, 1990, ar 15
City of Carlsbad because the City Council has found that public facilities are inadequatc 14
WHEREAS, Tentative Map CT 85-1 7 is now inconsistent with the General Plan 13
to July 13, 1990; and
subdivision can be brought into conformity with the General Plan; and
adopted Resolution No. 89-51 extending Tentative Map CT 85-17, for a period of 20 m
l8 II WHEREAS, the addition of certain conditions of approval to the subdivision will
19 11 I it to be found in conformity with the General Plan and the Developer has requestc
20 II imposition of such conditions and agree to comply with them; and 21
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WHEREAS, the approval of an extension of Tentative Map CT 85-17 subject tc
conditions, in lieu of denial of the map, will allow the project to go forward avoidir
24 unnecessary delay to the City and to the Developer involved with denial and thc
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additional conditions; 27
WHEREAS, both the Developer and the City wish to extend the map subject 26
application which would then be approved subject to the same set of conditions; and
28 I/ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsl
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California, as follows:
1. That the above recitations are true and correct.
2. That Tentative Map CT 85-1 7 hereby extends for 16 months from July 13,
to November 13, 1991 l subject to execution and fulfillment of all the conditions (
Resolution No. 8873, Resolution No. 89-51 and the following additional conditions:
A. This approval is expressly conditioned on the payment by the Applicar
Public Facilities Fee as required by City Council Policy No. 17, dated Fel:
24, 1982, and effective April 2, 1982, on file with the City Clerk
incorporated herein by reference, and according to the agreement execul
the Applicant for payment of said fee. If said fee is not paid as promisec
application will not be consistent with the General Plan and the project c
proceed and this approval shall be void.
B. Condition No. 4 of Resolution No. 89-51 shall be altered as follows:
All proposed office buildings must be subject to an acoustical study to E
that interior levels do not exceed 50 cb"l4 dba CNEL. Appropriate
notice shall be provided to purchaser, leasees and renters of
properties/buildings.
C. This project is subject to all fees in effect at the time of the extension.
D. Prior to approval of the final map the developer shall enter into an agret
with the City to pay any drainage area fees established as a result (
forthcoming Master Drainage Plan Update and the Sewer Connectiol
Study.
E. Prior to recordation of a final map for CT 85-17, the property owner(s)
provide a financial guarantee for the construction of Palomar Airport Road
This guarantee may be in the form of participation in any existing Asses!
District or Mello-Roos Community Facility District formed to financ
construction of the road segment, participation in a forward funding agrec
as applied to the other Zone 5 property owners, or an alternate financin!
acceptable to the Finance Director and City Attorney.
F. A condition to provide adequate means to reduce urban pollutants
drainage generated on the project. This Condition is needed to meet the of the National Pollutant Discharge Elimination System permit recently iml
by the Regional Water Quality Control Board.
G. Per State law governing the associated Palomar Airport Road and Cl
Boulevard Assessment Districts] a segregation of the assessments 1
subject property must be applied for or the assessment must be paid off
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prior to the approval of the Final Map. The applicant shall to pay all ass!
costs of said segregation. The application shall be submitted with the
map.
H. This time extension is approved contingent upon the provision of ac public facilities to satisfy the Public Facilities Element of the General P
this time, a Mello-Roos Community Facilities District is proposed to fina
construction of several Citywide facilities to serve new development, E.
anticipated that the District will be formed prior to Final Map for CT 8:
the Mello-Roos Community Facilities District is not formed, or if the Corn
Facilities District is formed but the property owners/developers of CT 85
not participants in that District and the required General Plan cons
finding cannot be made, then no discretionary approvals, Building F
Grading Permits, Final Map, or development permits will be issued or ap unless an alternate financing mechanism is provided by the develp
approved by the City Council to finance the facilities legally applicabk developer that would have been or are included in the Community F;
District.
3. That the Agreement for Waiver of Prohibition against the imposi,
conditions upon the approval of an extension of a tentative subdivision map bc
Huntington Beach Company and the City of Carlsbad, dated September 17, 1990, or
the Office of the City Clerk, is approved, and the Mayor is authorized to executc
agreement on behalf of the City.
4. That this extension is approved in reliance upon said agreement. An
challenge to or failure to perform said agreement or the conditions of this resolutiol
render this approval void and the map shall not be final.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City C
held on the 13th day of November1 990 by the following vote, to wit:
AYES: Council Members Lewis, Larson, and Pettine
NOES: None
ABSTAIN: Council
ABSENT: Council
AKES?: &” 1 HA L. A EN ANZ, City Clerk
(SEAL)
KAREN KUNDTZ, Assistant City Clerk