HomeMy WebLinkAbout1992-08-04; City Council; Resolution 92-2430 0
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RESOLUTION NO. 92-243
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING AN EXTENSION OFTIME
TO CERTAIN CONDITIONS.
FOR TENTATIVE MAP NO. CT 89-32, WEST PALM SUBJECT
i WHEREAS, Section 66473.5 of the Subdivision Map Act provides that a tentative
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specific plans; and 8
subdivision map may not be approved unless it is consistent with all applicable general and
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WHEREAS, the City Council of the City of Carlsbad, on the 22nd day of May, 1990,
adopted Resolution No. 90-155 approving, with conditions, Tentative Map CT 89-32; and
WHEREAS, the Tentative Subdivision Map would have expired as of May 22, 1992, 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
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16 /I it to be found in conformity with the General Plan and the Developer has agreed to the
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imposition of such conditions and compliance with them; and
WHEREAS, the approval of an extension of Tentative Map CT 89-32 subject to such
19 conditions, in lieu of denial of the map, will allow the project to go forward avoiding the
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application which would then be approved subject to the same set of conditions; and 21
unnecessary delay to the City and to the Developer involved with the denial, and the new
22 WHEREAS, both the Developer and the City wish to extend the map subject to the
23 j/ additional conditions.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the Tentative Map CT 89-32, is hereby extended for one year from May 22,
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1992 to May 22, 1993, subject to the execution and fulfillment of all the conditions of
Resolution No. 90-1 55 and the following additional conditions:
A. The applicant shall comply with the requirements of the National
Pollutant Discharge Elimination Systems (NPDES) permit. The applicant
shall provide best management practices to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for
such improvements shall be approved by the City Engineer prior to
approval of the final map, issuance of grading or building permit,
whichever occurs first.
B. The applicant is aware that the City is preparing an in-lieu fee or an
affordable housing impact fee program as an alternative to the
inclusionary requirements stipulated in Policy 3.6b of the Housing
Element. If in the development of the program, it is determined by the
City Council in order to find consistency with the Housing Element of
the General Plan as well as consistency with Section 66473.5 of the
Government Code (Subdivision Map Act), that this project is subject to
this fee and building permits have not been issued, the applicant or its
successors in interest shall pay whatever reasonable in-lieu fee or
affordable housing impact fee that is required and in effect at the time
of issuance of building permits. If required fees are not paid, this
application will not be consistent with the General Plan and approval for
this project will be void.
C. The applicant shall defend, indemnify and hold harmless the City and
its agents, officers, and employees from any claim, action or proceeding
against the City or its agents, officers, or employees to attack, set aside,
void or null an approval of the City, the Planning Commission or City
Engineer which has been brought against the City within the time period
provided by Section 66499.37 of the Subdivision Map Act.
3. That the Agreement for Waiver of Prohibition against the Imposition of
Conditions upon the approval of an extension of a tentative subdivision map between Mark
J. Nolan and the City of Carlsbad, dated June 14, 1992 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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1 4. That this extension is approved in reliance upon said agreement. Any legal
2 11 challenge to or failure to perform said agreement or the conditions of this resolution shall
3 11 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 Council
held on the 4th day of August , 1992 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Stanton, Nygaard
a NOES: None
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ABSENT: Council
CLAUDE A. LEWIS, Mayor
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ATTEST:
141 I’ AL&dENK*J
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(SEAL)
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