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-