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HomeMy WebLinkAbout1992-09-02; Planning Commission; Resolution 3428,” II e 0 1 2 PLANNING COMMISSION RESOLUTION NO. 3428 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN 3 4 EXTENSION OF TIME FOR TENTATIVE MAP NO. CT 89-26, SPYGLASS SUBJECT TO CERTAIN CONDITIONS. 5 WHEREAS, the Planning Commission did, on the 18th day of April, 1990, ado1 6 Resolution No. 3005 approving, with conditions, Tentative Map CT 89-26; and 7 11 WHEREAS, the Tentative Subdivision Map would have expired as of April 18,199; 8 9 and WHEREAS, the applicant for the tentative map, Mr. Horace J. Felkins Jr. h: 10 // requested an extension of time to process his final map; and 11 WHEREAS, the applicant has consented to the imposition of the addition: 12 Title 21, other City ordinances and current City policies. 13 conditions which are needed to bring the project into conformance with the General Plar 14 15 WHEREAS, applicant is requesting a 3 year extension of time for the tentative trac map for Carlsbad Tract 89-26; and 16 11 17 // WHEREAS, the 17-unit project is a difficult site to develop because of topograph 18 constraints; and 19 WHEREAS, applicant has expended approximately $1 50,000 towards processing ( I 20 said project; and 21 WHEREAS, the project is conditioned to reimburse the City for street improvemen 22 23 24 to El Camino Real and to install and pay their share of a traffic signal at Carlsbad Villa1 Drive and Avenida de Anita; 25 Il NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City ( 26 ll Carlsbad, California, as follows: 27 28 ... I/ ll 0 0 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 I, 1. That the above recitations are true and correct. 2. The design and improvements of the project are consistent with the General Plan, Title 20, Title 21, other City ordinances and current City policies with the impositior of additional conditions. 3. The applicant has been diligently pursuing those acts required to obtain i final map for the subdivision. 4. That the request for an extension of time for the tentative tract map fo: Carlsbad Tract 89-26 be approved for a period of three years from April 18, 1992 to Apri 18, 1995, subject to all the original conditions of approval, and the following additiona conditions and one amended condition from the original approval: ADDITIONAL CONDITIONS 1. The applicant shall defend, indemnify and hold harmless the City and its agents officers, and employees from any claim, action or proceeding against the City or it agents, officers, or employees to attack, set aside, void or null an approval of thc City, the Planning Commission or City Engineer which has been brought against thl City within the time period provided by Section 66499.37 of the Subdivision Ma] Act. 2. The applicant shall comply with the requirements of the National Pollutan Discharge Elimination System (NPDES) permit. The applicant shall provide bes management practices to reduce surface pollutants to an acceptable level prior tc discharge to sensitive areas. Plans for such improvements shall be approved by thc City Engineer prior to approval of the final map, issuance of grading or buildin: permit, whichever occurs first. 3. The applicant is aware that the City is preparing an in-lieu or an affordable housin; impact fee program as an alternative to the inclusionary requirements stipulated b Policy 3.6b of the Housing Element. If in the development of the program, it i determined by the City Council in order to find consistency with the Housin! Element of the General Plan as well as consistency with Section 66473.5 of th Government Code (Subdivision Map Act), that this project is subject to this fee an( building permits have not been issued, the applicant or its successors in interes shall pay whatever reasonable in-lieu fee or affordable housing impact fee that i required and in effect at the time of issuance of building permits. If required fee are not paid, this application will not be consistent with the General Plan an approval for this project will be void. I PC RES0 NO. 3428 -2- c e e 1 2 3 4 5 4. Prior to approval of the final map the subdivider shall pay their proportional sharc of the El Camino Real Widening and Median Improvements of City Project No 3325. 5. The applicant is eligible for reimbursement for up to 75% of the cost of design anc installation of the required traffic signal at Carlsbad Village Drive and Avenida dl Anita along with the traffic signal interconnect between that intersection and ths intersection of Carlsbad Village Drive and El Camino Real. The reimbursemen agreement is subject to the approval of the City Council. 6 7 6. Condition No. 52 from Planning Commission Resolution No. 3005 shall be amendel as follows: a 9 10 Approval of this tentative tract map extension shall expire on April 18, 1993 unles a final map is recorded. An extension may be requested by the applicant. Sai extension shall be approved or denied at the discretion of the Planning Commissior In approving an extension, the Planning Commission may impose new condition and may revise existing conditions. 'I (I 7. Applicant agrees that new conditions may be imposed by the Planning Commissio 12 13 after April 18, 1993, which is the one year extension date. Applicant agrees to tli condition because of a greater than one year extension has been granted at li request. 14 15 16 17 Noble, Savary & Hall. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Plannin Commission held on the 2nd day of September, 1992 by the following vote, to wit: AYES: Chairperson Erwin, Commissioners: Schlehuber, Schramn 18 19 20 21 22 23 24 NOES: Commissioner Welshons. ABSENT: None. ABSTAIN: None. ATTEST: / 1,, s"-L TOM ERWIN, Chairperson CARLSBAD PLANNING COMMISSION 25 /I a 26 27 PLANNING DIRECTOR 28 PC RES0 NO. 3428 -3-