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HomeMy WebLinkAbout1983-07-19; City Council; 6871-2; Tentative Map Extension- Condo FiveCARLSBAD — AGEND/QlLL AR# to$ll~'*e2 MJG 7/7 9/p^ OPPT ENG _._,_. •LLLUSf TENTATIVE MAP EXTENSION CARLSBAD TRACT 81-39 (CONDO FIVE) DPPT HO f \'/f^} CITY ATTY Y'- ^J PITY MOB./7 ^- LU Oo:a.Q. u oo RECOMMENDED ACTION: Adopt Resolution No. 7o?7 7 approving a one-year extension of time for Tentative Map CT 81-39, including CP-185. ITEM EXPLANATION: Carlsbad Tract 81-39 is a 78-unit subdivision located on the south side of Costa Del Mar, east of El Camino Real. The Applicant is requesting that the tentative map be extended for a o.ne-year period ending August 2, 1984. The tentative map was originally approved on February 2, 1982, per Resolution No. 6777. 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 be offset by the payment of the Public Facilities Fee by the Developer. EXHIBITS: 1. Letter requesting extension 2. Location Map 3. Vicinity Plat 4. Res for olution No. 7297 approving a one-year extension of time Tentative Map CT 81-39, including CP-185. c LRCOStR EXECUTIVE OFFICES June 2, 1983 Mr. Roy Kackley City of Carlsbad City Engineer 1200 Elm Avenue Carlsbad, California 92008 PG-405 RE: CONDO FIVE, TENTATIVE MAP, C.T. 81-39 (J#8521C) Dear Mr. Kackley: On behalf of La Costa Hotel and Spa I would like to request a one year extension of time on the above tentative map, I have enclosed the following items necessary to process this extension: 1. Check in the amount of $375.00 for processing extension (78 units). 2. Executed Public Facilities Agreement and Waiver of Conditions. 3. Copy of Title Report. I believe this would complete our request. If you need any additional information or have any questions please call. Sincerely, LA COSTA HOTEL AND SPA PAUL GRAHAM PG:gh Enclosures EXHIBIT 1 COSTA DEL MAR ROAD • CARLSBAD, CALIFORNIA 92OOB • AREA CODE 714 • TELEPHONE 43S - 9111 SEC'/WN 35 22 23 24 25 26 27 28 ,*••'-•• .'*>»»,"• RESOLUTION NO. 729"7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR TENTATIVE MAP CT 81-39 SUBJECT TO CERTAIN CONDITIONS. 1 2 3 4 5 WHEREAS, Section 66473.5 of the Subdivision Map Act 6 provides that a tentative subdivision map may not be approved 7 unless it is consistent with all applicable general and specific 8 pians; and 9 WHEREAS, the City Council of the City of Carlsbad on the 10 2nd day of February, 1983, adopted Resolution No. 6777 approving, 11 with conditions, Tentative Map CT 81-39, including CP-185; and 12 WHEREAS, Tentative Map CT 81-39 is now inconsistent with 13 the general plan of the City of Carlsbad because the City Council 14 has found that public facilities are inadequate; and 15 WHEREAS, said Tentative Subdivision'Map will expire on 16 August 2, 1983, and the Applicant has requested an extension of 17 time which cannot be approved unless the subdivision can be 18 brought into conformity with the General Plan; and 19 WHEREAS, the addition of certain conditions of approval 20 to the subdivision will allow it to be found to be in conformity 21 with the general plan and the developer has requested the imposition of. such conditions and agreed to comply with them; and 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 WHEREAS, the approval of an extension of Tentative Map CT 81-39, 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 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 81-39 are hereby extended for one year from August 2, 1983, to August 3, 1984, subject to the execution and fulfillment of all the conditions of Resolution No. 6777 and the following additional condition: (I) 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 cann-ot proceed and this approval shall be voi d. C. That the agreement for 'waiver of prohibition against the imposition of conditions upon the approval of an extension of a tentative subdivison map dated April 5, 1983, between the Applicant and the City of Carlsbad, marked Exhibit A and attached hereto, is approved and the Mayor is authorized to execute such agreement on behalf of the City. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 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 the City of Carlsbad, California, held on the 19th day of July , 1983, by the following vote, to wit: AYES: Council ffeirbers Casler, Lewis, Chick and Prescott « NOES: None ABSENT: None MARY H. CASLER, Mayor ATTEST: MjfoHi*. /.Q\a^^^^^^ ILETHA L. RAUTENKRANZ, City Cl eric J (SEAL) 23 24 25 26 27 28 7