HomeMy WebLinkAbout1993-04-06; City Council; Resolution 93-754 I1
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RESOLUTION NO. 93 - 7 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING AN EXTENSION OF TIME
TO CERTAIN CONDITIONS.
FOR TENTATIVE MAP NO. CT 85-1 5/P/PARKVIEW WEST SUBJECT
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WHEREAS, the City Council of the City of Carlsbad on, September 10, 1985,
Resolution No. 81 61 approving with conditions Tentative Map No. CT 85-1 5; and
WHEREAS, Tentative Map No. CT 85-1 5 was tolled and as a result of tolling Ten1
No. CT 85-1 5 would have expired as of January 31, 1993; and
WHEREAS, the applicant is diligently pursuing those acts required to obtain a
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11 WHEREAS, the project can be found to be in conformance with the General PI2
12 City ordinances and current City policies with the imposition of additional conditions;
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l3 I WHEREAS, the applicant has consented to the imposition of such conditions and has
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comply with them; and
upon the additional conditions. 16
WHEREAS, both the applicant and the City wish to extend the map subject to 8
17 NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
18 11 California as follows:
l9 il 1. That the above recitations are true and correct.
2o I 2. That with additional conditions contained herein the design and improvemc
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subdivision are consistent with the General Plan, Titles 20 and 21, and any public
development policies in existence at this time.
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24 ll 3. That Tentative Map No. Ct 85-1 5 is hereby extended for one year until Janual
25 ll subject to all of the original conditions of approval and the following additional cond
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A. The applicant shall defend, indemnify and hold harmless the City and
officers, and employees from any claim, action or proceeding against
its agents, officers] or employees to attack, set aside, void or null an s
the City, the Planning Commission or City Engineer which has bee
against the City within the time period provided for by Section 6649:
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Subdivision Map Act.
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B. The applicant shall comply with the City’s requirements of the National Discharge Elimination System (NPDES) permit. The applicant shall prc
management practices to reduce surface pollutants to an acceptable I
to discharge to sensitive areas. Plans for such improvements shall be
by the City Engineer prior to approval of the final map, issuance of E
building permit, whichever occurs first.
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C. The applicant is aware that the City is preparing an Impact Fee Progr
alternative to the inclusionary requirements stipulated in Policy 3.6 of thc
Element. If in the development of the Impact Fee Program, it is determir
City Council in order to find consistency with the Housing Element of th
Plan as well as consistency with Section 66473.5 of the Governm
(Subdivision Map Act), that this project is subject to this fee and buildir
have not been issued, the applicant or its successors in interest
whatever reasonable Impact Fee that is required and in effect at th
issuance of building permits. If required fees are not paid, this applicatic
be consistent with the General Plan and approval for this project shall
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11 II 4. That the Agreement for Waiver of Prohibition Against the Imposition of C
12 upon the Approval of an Extension of a Tentative Subdivision Map between MSK Ma
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the Mayor is authorized to execute said agreement on behalf of the City. 14
Corporation and the City of Carlsbad on file in the office of the City Engineer is apprl
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I/ e 0 * 5. That this extension is approved in reliance upon said agreement.
challenge to or failure to perform said agreement or the conditions of this resolution s
1 /I this approval void and the map shall not be final. 2
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad c
held on the 6th day of APRIL , 1993 by the following vote, to w
AYES: Council Members Stanton, Kulchin, Nygaard, Finnila
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6 li NOES: None
7 11 ABSENT: Council Member Lewis
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11 I ATTEST: I
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I .‘? /; < “7 /. *:%,; 7 / 1 1 : :L.t / &.&;I ;J; i( /J;f 2”
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,-/CLAUDE 4. LEWIS, Mayor
Margaret/ Stanton, Mayor Pro Tern
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(SEAL)
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