HomeMy WebLinkAbout1997-01-07; City Council; Resolution 97-90 0 EXHIBIT 3
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RESOLUTION NO. 9 7 - 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, GRANTING A REQUEST FOR A
TWENTY-THREE MONTH EXTENSION OF TIME FOR
TENTATIVE MAP NO. CT 85-19/PUD 87, THE
MEADOWLANDS.
WHEREAS, the City Council of the City of Carlsbad on October 22, 1985, adopted
Resolution No. 8219 approving with conditions Tentative Map No. CT 85-19; and
WHEREAS, Tentative Map No. CT 85-19 was tolled and as a result of tolling
Tentative Map No. CT 85-19 would have expired as of March 14, 1993; and
WHEREAS, Tentative Map No. CT 85-19 was granted a one year extension to
March 14, 1994; and
WHEREAS, Tentative Map No. CT 85-19 was subsequently granted a two year
extension in accordance with State of California legislation and would have expired on
March 14, 1996; and
WHEREAS, the City Council finds that an extension of time of twenty-three months
is warranted due to the scope of the project, previous expenditures made by the subdivider
in furtherance of the subdivision and the positive effect that the extension will have on the
community in accordance with project contributions to future major infrastructure; and
WHEREAS, the applicant has been diligently pursuing those acts required to obtain
a final map; and
WHEREAS, the project can be found to be in conformance with the General Plan,
current City ordinances, and current City policies with the imposition of additional and
revised conditions; and
WHEREAS, the applicant has consented to the imposition of such conditions and
has agreed to comply with them; and
WHEREAS, both the applicant and the City wish to extend the map subject to and
relying upon the additional and revised conditions of approval.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
I. That the above recitations are true and correct.
2. That with the conditions of approval now existing, added and revised, as
contained herein by reference, the design and improvements of the subdivision are
consistent with the General Plan, Titles 20 and 21 of the City of Carlsbad Municipal Code,
and any public facility or development policies in existence at this time.
3. That Tentative Map No. CT 8519 is hereby extended for twenty-three months,
until February 14, 1998, subject to all of the conditions contained in City Council Resolution
No.'s 8219 and 93-31 1, previously adopted on October 22, 1985 and November 16, 1993,
respectively, and, Planning Commission Resolution No. 2488, previously adopted on
September 1 1 , 1985 and the following additional and revised conditions:
REVISED CONDITIONS (PC Reso. No. 2488):
Revised No. 43: Engineering Condition of Approval No. 43 is hereby deleted, and
replaced with Additional Condition "B.
Revised No. 44: Engineering Condition of Approval No. 44 is hereby deleted.
Revised No. 46: Engineering Condition of Approval No. 46 is hereby deleted.
Revised No. 47: Direct Access rights for all lots abutting Rancho Santa Fe Road and
Melrose Avenue Drive shall be waived on the final map. The
following lots shall waive access rights to Street "B on the final
map: Lot NO'S: 59,68,86, 92,94 and 116 M?, 1 ?6 Q4 QK 67
aRd-58.
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Revised No. 51 : This development proposes three phases of construction. The
following improvements shall be constructed prior to occupancy of
any unit within the specified phase:-= ssepttc:: 31
rri&&
Phase I
0 Interior Streets B (to phase I boundary), F, G, and J. P&m#=L
All sewer, water and storm drain facilities necessary to serve this
unitlphase.
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A temporary desiltation basin to adequately desilt storm water run-
off from this site.
Phase II Street B to the Phase II boundary, D, and E -
Fh&&ed as mentioned above.
All sewer, water and storm drain facilities necessary to serve this
unitlphase.
A temporary desiltation basin to adequately desilt storm water run-
off from this site.
Relocation of all public utilities as required by the City Engineer,
Phase Ill 0 (The remaining public improvements necessary to serve the site.)
0 Streets A, By C and H 433 as mentioned in previous
condition.
0 A temporary desiltation basin to adequately desilt storm water run-
off from this site.
0 Re-location of all public utilities as required by the City Engineer.
0 All sewer, water and storm drain facilities necessary to serve this
unitlphase.
0 Signalization of Alga Road and Melrose Drive Averwe.
0 Relocation of all public utilities, from Redwing Street to Alga Road
as required by the City Engineer.
Revised No. 53: Should the developer decide to final any map and develop phases
out of numerical sequence with the approved phasing as shown on the tentative map, all conditions required of the preceding phases
shall be completed unless otherwise approved by the City Engineer
and Planning Director -.
Revised No. 58: Engineering Condition of Approval No. 58 is hereby deleted and
replaced with Additional Condition “A.
Revised No. 59: Engineering Condition of Approval No. 59 is hereby deleted, and
replaced with Additional Condition “B.
Revised No. 66: This subdivision contains a remainder parcel. No building permit
shall be issued for this parcel until the offer of dedication for
public right of way is terminated and the remainder parcel it is
further subdivided pursuant to the provisions of Title 20 of the
Carlsbad Municipal Code. This note shall be placed on the final
map. Access rights to this parcel shall be waived along proposed
Rancho Santa Fe Road and Melrose hxttte Drive.
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ADDITIONAL ENGINEERING CONDITIONS:
A. Prior to approval of any final map, the developer shall pay their fare
share contribution for the realignment and construction of Rancho Santa Fe Road to mitigate cumulative impacts caused by the project
to this roadway. Configuration and construction of the Rancho Santa
Fe Road/Melrose Drive intersection adjacent to this project is
deferred to a later date to be determined by the City Engineer.
B. Prior to approval of any final map, the developer shall dedicate an
additional 15’ of right of way, within a minimum 435’ transition at the
northerly right of way line for Rancho Santa Fe Road, so that an
additional westbound right turn lane can be added to the intersection
configuration at the Rancho Santa Fe Road/Melrose Drive
intersection, to the satisfaction of the City Engineer.
C. Prior to approval of any final map, the developer shall make an offer
of dedication for public roadway purposes for the entire Remainder
Parcel located southeast of the Rancho Santa Fe Road/Melrose
Drive intersection, to the satisfaction of the City Engineer.
ADDITIONAL PLANNING CONDITIONS:
A. Prior to the recordation of the first final tract map or the issuance of
building permits, whichever occurs first, the developer shall prepare
and record a Notice that this property may be subject to noise
impacts from Melrose Drive and Rancho Santa Fe Road, in a form
meeting the approval of the Planning Director and City Attorney (see
Noise Form #I on file in the Planning Department). Said Notice shall be included in the project’s CC&R’s.
B. Prior to recordation of the first final tract map or the issuance of
building permits, whichever occurs first, the Developer shall apply for
and obtain a Planned Unit Development permit amendment, if the
Developer desires to construct a product different from that
authorized by the current approval.
4. That the modified Agreement for “Waiver of Prohibition Against the Imposition
of Conditions” upon the Approval of an Extension of a Tentative Subdivision Map between
JENNA Group, Inc. and the City of Carlsbad, on file in the office of the City Clerk is
approved, and the Mayor is authorized to execute said agreement on behalf of the City.
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1 5. That this extension is approved in reliance upon said agreement and the
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existing, revised and added conditions of approval. Any legal challenge to or failure to
perform said agreement or the conditions of approval of this and/or previous resolutions
shall render this approval void and a final map shall not be recorded .
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 7th day of January ,1997 by the following vote, to wit:
AYES: council Members Lewis, Finnila, Nygaard, Kulchin and Hall
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUTE (SEAL)