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HomeMy WebLinkAbout1984-07-17; City Council; 7817; Tentative Map Extension- Laguna RivieraCARLSBAD - AGEND/Qll-L MTG. 7/17/84 DEPT.. TITLE: TENTATIVE MAP EXTENSION CARLSBAD TRACT 82-7 (SOUTH LACUNA RIVIERA)CITY ATTY^Lt CITY RECOMMENDED ACTION: Adopt Resolution No. for Tentative Map CT 82-7, ITEM EXPLANATION: OLU Ooro.0. oiJ o oo 7,2 approving a one-year extension of time including CP-209. Carlsbad Tract CT 82-7 is a 46-unit subdivision located on the south side of Park Drive across from the extension of Neblina Drive. The Applicant is requesting that the tentative map be extended until September 8, 1985. The tentative map was Resolution No. 2007. originally approved on September 8, 1982, per The Applicant agreed to pay Public Facilities Fees with the original application. Planning and Engineering staffs have reviewed this project and recommend the Developer execute the revised Public Facilities Fee Agreement as required by Council The Subdivider has signed an agreement to waive a new conditions. Policy No. 17. prohibition of 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, dated June 29, 1984. 2. Location Map 76 *7j_. for Tentative Map CT 3. Resolution N o . 76 *7_.. approving a one-year extension of time.. 82-7, including CP-209. BUILDERS and DEVELOPERS 325 Elm Avenue Post Office Box 1155 Carlsbad, California 92008 Phone 619/729-7911 Contractor's License No. 161995 June 29, 1984 Mr. Jim Murray City of Carlsbad Engineering Dept. 1200 Elm Avenue Carlsbad, California 92008 Re: CT 82-7 Tentative Map Extension Dear Jim: Pursuant to your request, we are hereby enclosing Agreement For Waiver Of Prohibition Against The Imposition Of Conditions Upon The Approval Of An Extension Of A Tentative Subdivision Map and our check in the amount of $375.00. We are extremely anxious to have this matter set on a Council agenda as soon as possible. Would you kindly advise as to when this matter will be set on a Council agenda. If anything further is needed, please do nothesitate to call. Very Truly Yours, JLR/mrc Enclosures JUU 29^4 W LOCATION MAP CITY MAP BOOK PAGE PROJECT NAME SOUTH LAGUNA RIVIERA PROJ. NO. \CT8Z-7 EXHIBIT RESOLUTION NO. 7672 1 CERTAIN CONDITIONS. 4 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR TENTATIVE MAP CT 82-7 SUBJECT TO WHEREAS, Section 66473.5 of the Subdivision Map Act provides :hat a tentative subdivision map may not be approved unless it is :onsistent with all applicable general and specific plans; and WHEREAS, the Planning Commission of the City of Carlsbad on jthe 8th day of September, 1982, adopted Resolution No. 2007 approving, with conditions, Tentative Map CT 82-7; and WHEREAS, Tentative Map CT 82-7 is now inconsistent with the Seneral Plan of the City of Carlsbad because the City Council has :ound that public facilities are inadequate; and WHEREAS, said Tentative Subdivision Map will expire on September 8, 1984, and the Applicant has requested an extension of time which cannot be approved unless the subdivision can be brought nto conformity with the General Plan; and WHEREAS, the addition of certain conditions of approval to the Subdivision will allow it to be found to be in conformity with theI General Plan and the Developer has requested the imposition of such :onditions and agreed to comply with them; and 1 4 7 8 9 10 11 12 13 16 18 19 20 21 22 23 24 25 26 27 28 "***' WHEREAS, the approval of an extension of Tentative "lap CT 82-7 subject to such conditions, in lieu of denial of the nap, will allow the project to go forward avoiding the unnecessary ielay to the City and to the Developer involved with denial and the lew application which would then be approved subject to the same >et of conditions; and WHEREAS, both the Developer and the City wish to extend the nap subject to the additional condition; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City )f Carlsbad, California, as follows: A. That the above recitations are true and correct; B. That Tentative Map CT 82-7, including CP-209, are hereby extended for one year from September 8, 1984, to September 8, 1985, subject to the execution and fulfillment of all the conditions of Resolution No. 2007 and the following additional condition: (1) This approval is expressly conditioned on the payment by the Applicant of a Public Facilities Fee as required by17 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 entative subdivision map between L. R. Partnership, Ltd. and the City of Carlsbad, dated June 26, 1984, 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. 1 2 3 4 5 6 7 8 9 10 11 12 15 16 17 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 17th day of July , 1984, by the following vote, to AYES: Council Members Casler, Lewis, Kulchin and Prescott NOES: None ABSENT: Council Member Chick 13 14 ii MARY H. ^SLER, Mayor ATTEST; /_ j^ ] -«n^-^—- -—I——- •—• "^v/^.^ yA. *13 P\LETHA L. RAUTENKRANZ, City Cl^rk 19 20 (SEAL) 21 22 23 24 25 26 27 28