HomeMy WebLinkAbout1992-10-21; Planning Commission; Resolution 3452e 0
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PLANNING COMMISSION RESOLUTION NO. 3452
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR
TENTATIVE MAP ON PROPERTY GENERALLY LOCATED AT THE
SOUTHERN TERMINUS OF JAMES DRIVE, BETWEEN HILLSIDE AND
PARK DRIVE.
CASE NAME: HILLSIDE PARTNERS
CASE NO: CT 88-05x2
WHEREAS, the Planning Commission did, on June 7, 1989 adopt Planning
Commission Resolution No. 2871 approving the tentative map for a 13 unit subdivision,
known as CT 88-05; and
WHEREAS, the City Council did, on June 4, 1991 adopt the City Council
Resolution No. 91-170 approving the extension of the tentative map for a period of one
year, and
WHEREAS, said tentative map will have expired as of June 7, 1992, and
WHEREAS, the applicants for the map who represent the owners of the property
have requested a one year extension to process toward a final map; and
WHEREAS, the applicants have 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,
City ordinances and current City policies with imposition of additional conditions; and
WHEREAS, the applicants have consented to the imposition of the additional
conditions.
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the Ciq
of Carlsbad, California as follows:
1. That the above recitations are true and correct.
2. That the design and improvements of the subdivision are consistent wit1
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the General Plan, Titles 20 and 21, other City ordinances and current City policies with
the imposition of the additional conditions.
3. The applicants have been diligently-pursing those acts required to obtain
a final map for the subdivision.
4. That the request for an extension for the tentative map for Carlsbad Tract
88-05 be approved for a period of one year from June 7, 1992 until June 7, 1993,
subject to all the original conditions of approval and the following additional conditions:
A. 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 its agents, officers, or employees to attack, set aside,
void or null an approval of the City, the Planning Commission or City
Engineer which has been brought against the City within the time period
provided by Section 66499.37 of the Subdivision Map Act.
B. The applicant is aware that the City is preparing an in-lieu fee or an
affordable housing impact fee program as an alternative to the
inclusionary requirements stipulated in Policy 3.6b of the Housing
Element. If in the development of the program, it is determined by the
City Council in order to find consistency with the Housing Element of the
General Plan as well as consistency with Section 66473.5 of the
Government Code (Subdivision Map Act), that this project is subject to
this fee and building permits have not been issued, the applicant or its
successors in interest shall pay whatever reasonable in-lieu fee or
affordable housing impact fee that is required and in effect at the time of
issuance of building permits. If required fees are not paid, this application
will not be consistent with the General Plan and approval for this project
will be void.
C. The applicant shall comply with the requirements of the National
Pollutant Discharge Elimination Systems (NPDES) permit. The applicanl
shall provide best management practices to reduce surface pollutants tc
an acceptable level prior to discharge to sensitive areas. Plans for such
improvements shall be approved by the City Engineer prior to approval oj
the final map, issuance of grading or building permit, whichever occur5
first.
D. No grading shall occur outside the limits of the project unless a gradin$
or slope easement is obtained from the owners of the affected properties
If the applicant is unable to obtain the grading or slope easement, nc
grading permit will be issued. In that case the applicant must eithel
amend the tentative map or change the slope so grading will not OCCUI
P.C. RESOLUTION NO. 3452 2
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outside the project site in a manner which substantially conforms to the
approved tentative map as determined by the City Engineer and Planning
Director.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad
Planning Commission held on the 21st day of October, 1992 by the following vote, to
wit:
AYES: Chairperson Erwin, Commissioners: Schramm, Welshons,
Savary & Hall.
NOES: None.
ABSENT: Commissioners: Schlehuber & Noble.
ABSTAIN: None.
ATTEST:
CT-" w "V.
TOM ERWIN, Chairperson
CARLSBAD PLANNING COMMISSION
\
MICHAEL J. HOLMILLER" PLANNING DIRECTOR
P.C. RESOLUTION NO. 3452 3