HomeMy WebLinkAbout1983-09-28; Planning Commission; Resolution 2189$ f // e (I,
1
2
3
RESOLUTION NO. 2189
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF
CERTAIN CONDITIONS. TIME FOR TENTATIVE MAP CT 82-3 SUBJECT TO
4
5
6
7
WHEREAS, Section 66473.5 of the Subdivision Map Act
provides that a tentative subdivision map may not be approved
unless it is consistent with all applicable general and speci
plans; and
8
9
10
11
12
13 ,
WHEREAS, the City Council of the City of Carlsbad on
28th day of September, 1983, adopting Resolution No. 1929
approving, with conditions, Tentative Map CT 82-3 and CP-203;
WHEREAS, Tentative Map CT 82-3 is now inconsistent w
the General Plan of the City of Carlsbad because the City Cou
has found that public facilities are inadequate; and
14
15
16
17
18
19
WHEREAS, said Tentative Subdivision Map will expire
September 24, 1983, and the Applicant has requested an extens
time which cannot be approved unless the subdivision can be b
into conformity with the General Plan; and
WHEREAS, the addition of certain conditions of apprc
I the subdivision will allow it to be found to be in conformitg
20
21
22
23
24
25
26
27
28
the General Plan and the Developer has requested the impositi
such conditions and agreed to comply with them; and
Ill
/I/
I//
/I/
///
~ I//
* \
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19 I
20
21
22
23
24
25
26
27
28
I
I
0 *
WHEREAS, the approval of an extension of Tentative I
82-3 subject to such conditions, in lieu of denial of the mal
will allow the project to go forward avoiding the unnecessar,
delay to the City and to the Developer involved with denial
the new application which would then be approved subject to
same set of conditions; and
WHEREAS, both the Developer and the City wish to ex
the map subject to the additional condition;
NOW, THEREFORE, BE IT RESOLVED by the Planning Comrr
of the City of Carlsbad, California, as follows:
A. That the above recitations are true and correct
B. That Tentative Map CT 82-3 and CP-203 are hereb
extended for one year from September 24, 1983 to September 2
1984, subject to the execution and fulfillment of all the
conditions of Resolution No. 1929 and the following additior
condition:
I
(1) This approval is expressly conditioned on the payment by the Applicant of a Public Facilitic
as required by City Council Policy No. 17, dat February 24, 1982 and effective April 2, 1982, file with the City Clerk and incorporated here 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 tl
project cannot proceed and this approval shal
void.
C. That the agreement for waiver of prohibition a1
1 the imposition of conditions upon the approval of an extens
a tentative subdivison map, dated March 24, 1982, between tl
Jerez Company and the City of Carlsbad, marked Exhibit A ant
, attached hereto, is approved and the City Engineer is autho,
to execute such agreement on behalf of the City.
* I.
I ,A
1
e 0
D. That this extension is approved in reliance up0
2 said agreement. Any legal challenge to or failure to perfor
3
Planning Commission of the City of Carlsbad, California, he1 6
PASSED, APPROVED AND ADOPTED at a regular meeting o 5
this approval void and the map shall not be final. 4
said agreement or the conditions of this resolution shall re
7
to wit: a
the - 28thday of September , 1983, by the following v
9
10
11
12
AYES: Chairman Schlehuber, Commissioners Marcus, Lyttleton
NOES: None.
ABSENT: Commissioners Rombotis and Friestedt.
Farrow and Raw1 ins. .
13 11 4 A
14
I.5 Land Use Planning Manager
&d-d& CLARENCE SCHLEHUBER Planning Commissioner
16
17
18
19 Ji I 20
21
22
23
24
25
26
27
28 PC RES0 NO. 2189 -2-
I