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Home My WebLink About1993-03-02; City Council; Resolution 93-400 0 k. 1 RESOLUTION NO. 93-40 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN EXTENSION OF TIME FORTENTATIVE MAP NO. 1 CT 89-39/AVIARA PLANNING AREA 12 4 5 WHEREAS, the City Council of the City of Carlsbad on, October 2, 1990, P 6 Resolution No. 90-358 approving with conditions Tentative Map No. CT 89-39; and 7 WHEREAS, Tentative Map No. CT 89-39 would have expired as of October 2,19 8 WHEREAS, the applicant is diligently pursuing those acts required to obtair 9 // map; and lo // WHEREAS, the project can be found to be in conformance with the Gener 11 12 13 current City ordinances and current City policies with the imposition of additional COT and 14 I1 WHEREAS, the applicant has consented to the imposition of such conditions I 15 (I agreed to comply with them; and 16 17 1. That the above recitations are true and correct. 20 California as follows: 19 NOW, THEREFORE BE IT RESOLVED by the City Council of the City of C 18 relying upon the additional conditions. WHEREAS, both the applicant and the City wish to extend the map subjeci 21 2. That with additional conditions contained herein the design and impro 22 23 of the subdivision are consistent with the General Plan, Titles 20 and 21 of the City of ( 24 Municipal Code, and any public facility or development policies in existence at this 1 25 3. That Tentative Map No. CT 89-39 is hereby extended for one year until 26 2, 1993, subject to all of the conditions contained in Council Resolution No. 90-358 27 on October 2, 1990 and the following additional conditions: 28 il EXHlB ', 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. B. C. D. E. F. G. H. 0 0 The applicant shall defend, indemnify and hold harmless the City i agents, officers, and employees from any claim, action or proceeding i the City or its agents, officers, or employees to attack, set aside, void or approval of the City, the Planning Commission or City Engineer which hc brought against the City within the time period provided by Section 6E of the Subdivision Map Act. The applicant shall comply with the requirements of the National PI Discharge Elimination Systems (NPDES) permit. The applicant shall I best management practices to reduce surface pollutants to an acceptal: prior to discharge to sensitive areas. Plans for such improvements s approved by the City Engineer prior to approval of the final map, issui grading or building permit, whichever occurs first. No grading shall occur outside the limits of the project unless a gra slope easement is obtained from the owners of the affected propertie: applicant is unable to obtain the grading or slope easement, no gradin! will be issued. In that case the applicant must either amend the tentati or change the slope so grading will not occur outside the project s manner which substantially conforms to the approved tentative r determined by the City Engineer and Planning Director. The entire potable water system, reclaimed water system and sewer shall be evaluated in detail to insure that adequate capacity, pressure i demands are met. The Developer shall be responsible for all fees, deposits and charges w be collected at time of issuance of the building permit. The San Diego Water Authority capacity charge will be collected at issuance of applic: meter installation. Sequentially, the Developer's Engineer shall do the following: i. Meet the City Fire Marshall and establish the fire prl requirements. ii. Prepare colored reclaimed water use area map and submi Planning Department for processing and approval. iii. Schedule a meeting with the District Engineer for review, comn approval of the preliminary system layout usage (G.P.M. - E.D for potable, reclaimed and sewer systems prior to the prepa, improvement plans. This project is approved upon the expressed condition that building pe not be issued for development of the subject property unless the watc serving the development determines that adequate water service an facilities are available at the time of application for such water service ar permits will continue to be available until time of occupancy. This note placed on the final map. Prior to recordation of the final map, the project applicant or their succ interest shall guarantee the provision of their proportional share of tl ll 1 2 3 4 5 6 0 0 total obligation for very low, low and moderate income housing u specified in the approved Aviara Master Plan Agreement for lnclu Housing in place at the time of final map recordation. ~ 1. All areas requiring special landscape consideration for the purpose I distance shall be identified in the CC&R's. The landscaping shall be mai in a manner which does not obstruct sight distance for vehicles driving 1 the complex or vehicles parked in identified parking areas. Adequate PI for such maintenance shall be included in the CC&R's subject to the a of the City Engineer. 7 I/ J. The following statement shall be included in the CC&R's : 8 9 10 11 12 "No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a sight distance corridor on the final map. The underlying property owner shall maintain this condition." K. Prior to final map approval the applicant shall pay all current fees and c required. 13 16 Land Company and Republic Development Company and the City of Carlsbad signel I.5 Conditions upon the Approval of an Extension of a Tentative Subdivision Map betweel l4 4. That the Agreement for Waiver of Prohibition Against the lmpos Aviara Land Company and Republic Development Company on January 8,1993 on fi I'7' 11 office of the City Engineer is approved, and the Mayor is authorized to execute said ag 18 19 on behalf of the City. Ill Ill 20 21 22 Ill 23 111 24 (I 111 25 11 Ill 26 11 Ill 27 (( Ill 28 Ill . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~ 20 21 22 23 24 25 26 27 28 11 8 m 5. That this extension is approved in reliance upon said agreement. Ar challenge to or failure to perform said agreement or the conditions of this resolutic render this approval void and the map shall not be final. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City held on the 2nd day of MLWX , 1993 by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Finnila NOES: None ABSENT: Council Member Nygaard .. . ATTEST: QLQ" A. R- ALETHA L. RAUTENKRANZ, City Clerk (SEAL)