HomeMy WebLinkAbout1992-08-04; City Council; Resolution 92-244ll 0 W
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RESOLUTION NO. 92-244
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING AN EXTENSION OF
SUBJECT TO CERTAIN CONDITIONS.
TIME FOR TENTATIVE MAP NO. CT 89-13, THE HAMPTONS
4 WHEREAS, Section 66473.5 of the Subdivision Map Act provides that a tentative
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subdivision map may not be approved unless it is consistent with all applicable general and
specific plans; and
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WHEREAS, the City Council of the City of Carlsbad, on the 27th day of March, 1990,
adopted Resolution No. 90-80 approving, with conditions, Tentative Map CT 89-1 3, including
PUD 89-5, SUP 89-7 and SV 89-3; and
WHEREAS, the Tentative Subdivision Map would have expired as of March 27, 1992,
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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
14 WHEREAS, the addition of certain conditions of approval to the subdivision will allow
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imposition of such conditions and compliance with them; and 16
it to be found in conformity with the General Plan and the Developer has agreed to the
17 WHEREAS, the approval of an extension of Tentative Map CT 89-13 subject to such
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1 application which would then be approved subject to the same set of conditions; and 2o
unnecessary delay to the City and to the Developer involved with the denial, and the new I’
conditions, in lieu of denial of the map, will allow the project to go forward avoiding the
21 /I WHEREAS, both the Developer and the City wish to extend the map subject to the
22 11 additional conditions.
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24 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
25 /I California, as follows:
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1. That the above recitations are true and correct.
2. That the Tentative Map CT 89-1 3, including PUD 89-5, SUP 89-7 and SV 89-3,
28 is hereby extended for one year from March 27, 1992 to March 27, 1993, subject to the
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execution and fulfillment of all the conditions of Resolution No. 90-80 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.
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8. The applicant is aware that the City is preparing an in-lieu fee program
as an alternative to the inclusionary requirements stipulated in Policy
3.6b of the Housing Element. If in the development of the in-lieu fee
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 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.
I8 II 3. That the Agreement for Waiver of Prohibition against the Imposition of
19 I Conditions upon the approval of an extension of a tentative subdivision map between Koulos
20 Construction and the City of Carlsbad, dated May 19, 1992, on file in the office of the City
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Clerk is approved, and the Mayor is authorized to execute such agreement on behalf of the
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4. 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.
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
NOES: None
ABSENT: Council Me / ';
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C;;LA"ODE A. IEW/IS,v Mavbr
ATEST:
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ALETHA L. RAUTENKRANZ, City Clerk
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(SEAL)
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