HomeMy WebLinkAbout1983-05-03; City Council; 6792-2; Tentative Map ExtensionCirO>F CARLSBAD — AGEND.QsiLL
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TJILE TENTATIVE MAP EXTENSION
CARLSBAD TRACT 81-35
(NATIVE SUN INVESTMENT GROUP)
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Adopt Resolution N o . 73i O (o approving a one-year extension of time
for Tentative Map CT 81-35, including CP-182.
ITEM EXPLANATION
Carlsbad Tract 81-35, known as Pointe San Malo, is a 14,-unit
subdivision located on the north side of Ocean Avenue and the
A.T.& S.F. Railroad. The applicant is requesting that the
tentative map be extended for a one-year period ending May 17,
1984.
The tentative map was originally approved on November 17, 1981,
per Resolution No. 6722.
The applicant agreed to pay Public Facilities Fees with the
original application. Planning and Engineering Staffs have
reviewed this project and recommend one additional condition
be required. The new condition is a requirement for the
Developer to execute the revised Public Facilities Fee Agreement
as per the latest City Council Policy No. 17. The Subdivider has
signed an agreement to waive a prohibition of new conditions.
FISCAL IMPACT:
Additional public facilities required by this project will
offset by the payment of the Public Facilities Fee by the
Developer.
EXHIBITS:
be
1. Letter requesting extension.
2. Location Map.
3. Resolution No. T^Gfcapproving a one-year extension of time for
Tentative Map CT 81-35, including CP-182.
NATIVE SUN INVESTMENT GROUP
12831 NEWPORT AVENUE
JUSTIN, CALIFORNIA 92680
714/731-1155
March 16, 1983
Mr. Roy Kackley
City Engineer
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
REFERENCE: POINTS SAN MALO, TENTATIVE MAP (C.T. 81-35) J#7630
Dear Roy,
On behalf of Native Sun I would like to request a one year
extension of our tentative map.
Enclosed you will find the following necessary items needed
to complete this extension:
1. Check in the amount of $250.00(processing fee)
14 Units
2. Public Facilities Agreement and Waiver of Conditions,
executed
3. Title Report
If you should have any further
hesitate to call me.
question
MRM:snf
Enclosures
EXHIBIT 1
JVMff S/7M A//Z0
EXHIBIT 2
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CERTAIN CONDITIONS.
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RESOLUTION NO. 7206
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF
TIME FOR TENTATIVE MAP CT 81-35, SUBJECT TO
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 specific plans; and
WHEREAS, the City Council of the City of Carlsbad on the 17th
day of November, 1981, adopted Resolution No. 6722 approving, with
conditions, Tentative Map CT 81-35, including CP-182; and
WHEREAS, Tentative Map CT 81-35 is now inconsistent with the
General Plan of the City of Carlsbad because the City Council has«•
found that public facilities are inadequate; and
'WHEREAS, said Tentative Subdivision Map will expire on May 17,
1983, and the Applicant has requested an extension of time which
cannot be approved unless the subdivision can be brought into
conformity with the General Plan; and
WHEREAS, the addition of certain conditions of approvaT to the
subdivision will allow it to be found to be in conformity with the
General Plan and the Developer has requested the imposition of such
conditions and agreed'to comply with them; and
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WHEREAS, the approval of an extension of Tentative Map
CT 81-35, subject to such conditions, in lieu of denial of the map,
will allow the project to go forward avoiding the unnecessary delay
to the City and to the Developer involved with denial and the new
application which would then be approved subject to the same set
of conditions; and
I WHEREAS, both the Developer and the City wish to extend the
map subject to the additional condition;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Carlsbad, California, as follows:
A. That the above recitations are true and correct;
B. That Tentative Map CT 81-35, including CP-182, are hereby
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xtended for one year from May 17, 1983, to May 17, 1984, subject to
the^execution and fulfillment of all the conditions of Resolution
No. 6722 and the following additional condition:
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(1) This approval is expressly conditioned on the payment by
the Applicant of a Public Facilities Fee as required by
City Council Policy No. 17, dated February 24, 1982, and
effective April 2, 1982, on file with the City Clerk and
incorporated herein by reference, and according to the
agreement executed by the Applicant for payment of said
fee. If said fee is not paid as promised, this application
will not be consistent with the General Plan and the
project cannot proceed and this approval shall be void.
C.That the agreement for waiver of prohibition against the
imposition of conditions upon the approval of an-extension of a
Tentative Subdivision Map, dated March 30, 1983, between the Native
Sun Investment Group and the City of Carlsbad, on file in the office
of the City Clerk, is approved and the Mayor is authorized to
execute such agreement on behalf of the City.
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D. That this extension is approved in reliance upon said
agreement. Any legal challenge to or failure to perform said
agreement or the conditions of this resolution shall render this
approval void and the map shall not be final.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the1 City of Carlsbad, California, held on the 3rd day
of May , 1983, by the following vote, to wit:
AYES: Council Msrrbers Casler, Lewis, Kulchin, Chick and Prescott
NOES: None
ABSENT: None
. C_-J«u-<z^v^-t_-'
17 MARY H. C#SLER, Mayor
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0, [ALETHA L. RAUTENKRANZ, City Clerk
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(SEAL)