HomeMy WebLinkAbout1983-03-09; Planning Commission; Resolution 2098* - e 0
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RESOLUTION NO. 2098
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN
EXTENSION OF TIME FOR TENTATIVE MAP CT 81-23
SUBJECT TO CERTAIN CONDITIONS.
WHEREAS, Section 66473.5 of the Subdivision Map Ac
provides that a tentative subdivision map may not be approv
unless it is consistent with all applicable general and spc
plans ; and
WHEREAS, the Planning Commission of the City of CE
on the 9th day of March, 1983, adopted Resolution No. 2098,
approving, with conditions, Tentative Map 81-23; and
WHEREAS Tentative Map is now inconsistent with the
plan of the City of Carlsbad because the Planning Commissic
found that public facilities are inadequate; and
WHEREAS, said Tentative Subdivision Map will expir
March 15, 1983, and the applicant has requested an extensic
time which cannot be approved unless the subdivision can be
into Conformity with the general plan; and
WHEREASp the addition of certain conditions of apx
the subdivision will allow it to be found in conformity wit
general plan and the developer has requested the impositior
conditions and agreed to comply with them; and
WHEREAS, the approval of an extension of Tentativc
81-23 subject to such conditions, in lieu of denial of the
will allow the project to go forward voiding the unnecessa~
to the City and the developer involved with denial and the
application which would then be approved subject to the sar
of conditions; and
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WHEREAS, both the developer and the City wish to e:
the map subject to the additional condition;
NOW, THEREFORE, BE IT RESOLVED by the Planning Com!
of the City of Carlsbad, California, as follows:
A. That the above recitations are true and correci
B. That Tentative Map 81-23 is hereby extended fo:
year from March 15, 1983, to March 15, 1984, subject to the
execution and fulfillment of all the conditions of City COUI
Resolution No. 6686 and the following additional condition:
(1) This approval is expressly conditioned on the payment by the applicant of a public facilitic as required by City Council Policy No. 17, dal February 24, 1982, and effective April 2, 198; file with the City Clerk and incorporated herc reference, and according to the agreement exec
by the applicant for payment of said fee. If
fee is not paid as promised, this application not be consistent with the general plan and th project cannot proceed and this approval shall void.
C. That the agreement for waiver of prohibition ag
the imposition of conditions upon the approval of an extensi
tentative subdivision map dated March 7, 1983, between Joser
Wilson and the City of Carlsbad, on file in the City Clerk':
Office, is approved and the mayor is authorized to execute s
agreement on behalf of the City.
D. That this extension is approved in reliance up0
agreement. Any legal challenge to or failure to perform sai
agreement or the conditions of this resolution shall render
approval void and the map shall not be final.
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PC RES0 NO. 2098 2.
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PASSED, APPROVED AND ADOPTED at a regular meeting (
Planning Commission of the City of Carlsbad, California, he:
the 9th day of March, 1983, by the following vote, to wit:
AYES : Chairman Schlehuber, Commissioners Marcu
NOES : None. Farrow, Jose and Friestedt.
ABSENT: None.
ABSTAIN: Commissioners Rombo 's and Rawlins PAfl - /$d€kd
CLARENCE SCHLEHUBER, C
CARLSBAD PLANNING COMM
ATTEST:
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1411 LAND USE PLANNING MANAGER
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2811 PC RES0 NO. 2098 3.
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