HomeMy WebLinkAbout1993-08-10; City Council; 12350; REQUEST FOR AN EXTENSION OF TIME FOR THE TENTATIVE MAP FOR CARLSBAD TRACT CT 85-21 | LCDP 85-3, PARK VIEW EAST4
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Cly OF CARLS
AB # lk,! 3s 0 TITLE! REQUEST FOR AN EXTENSION OF TIME FOR THE DEPT
CITY
DEPT. ENG CITY
RECOMMENDED ACTION:
MTG, 8-10-93 TENTATIVE MAP FOR CARLSBAD TRACT CT 85-21/
LCDP 85-3, PARK VIEW EAST
Adopt Resolution No, 9 3 -day granting a one year extension of time for the te
map for Carlsbad Tract CT 85-21 /LCDP 85-3, Park View East subject to certain con(
ITEM EXPLANATION:
O’Day Gonsultants representing Firtit International Bank, the current owner of the 1
has requested an extension of time for Carlsbad Tract CT 85-21/LCDP 85-3, Par East, a 36 lot, 35 dwelling unit tentative tract map and La Costa Development Pe
The site is located in LFMP Zone 11, South of La Costa Avenue and East of R
Santa Fe Road. The tentative map was first approved by the City Council on J
1986. The map was tolled until the Citywide Facilities District No.1 was finalized 01
13, 1991. After the two year life for the tentative is added, the date the map woulc expired is June 13, 1993.
The extension being requested in this action will extend the tentative map until Ju
1994. This is the first extension for this map.
The applicant has made substantial progress toward obtaining a final map for this F
Considerable expenditures have been made in efforts to meet the requirements for
map. The inability to finalize a financing plan for offsite Rancho Santa Fe Road i
offsite retention basin has been the primary obstacle preventing obtaining a fins
Financing for these offsite improvements is a Zone 11 LFMP requirement and a COI
of approval on the tentative map. The letter of request also requests the City’s dii
in meeting this condition. Any alternative to meeting this condition will have tc
further review of the specific proposals of the developers in the zone.
In order to grant an extension the project must be found to be in conformance w
General Plan, current ordinances and current standards. With additional conditions
findings can be made. The Applicant has signed an agreement to waive the impc
of new conditions. Additional conditions that are required are:
I. A new standard legal condition holding the City and it’s agents ha
from claims arising from legal challenges to the approval of a projc
A new standard condition requiring the applicant to pay an inclus
housing impact fee.
A new standard condition requiring the project to conform to c
National Pollutant Discharge Elimination System (NPDES)
requirements.
A new condition requiring U.S. Fish and Wildlife Service clearance F
any permits.
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Facilities Zone
Local Facilities Management Plan
Growth Control Point
Net Density
Special Facilities
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- C.F.D. No.
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CITY OF OCEANSIDE
DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT.
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CONSULTA NTS
June 3, 1993
J.N. 93-1001
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009
RE: C.T. 85-21 ParkView East
Dear Sirs:
On behalf of our client, First International Bank, we request a time extension for Carlsbad Tra
85-21.
Very truly yours,
O'Day Consultants
do -7-
George O'Day
Project Engineer
cc: C.W. Southwick
?eA'"fla?> CF 4 %5*$lB CbTCo Y e,
Jb'Y 03 8:s; q-7
:!T? ""I= ':ARFs EqaNEEs j ;.,ps .zc \p, 7220 Avenidu Encinus Civil Engineering
Suite 204 Planning
Carlsbud. Culifoornia 92009 Processing
h!9-931-7700 Szirvr\.inp -
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11 "(3Hd The applicant has aareed and is reauired hy t inclusion of an appropriate condition to pay a public facilitie
fee pursuant to City Council Policy No. 17, and other developne
fees which the Council may adopt pursuant to Ordinance Xo. 9791
Perforvance of the aqreements and payment of the public 3 facilities fee and any other devclopFent fees as may be aciopted by City Council ordinance or resolution enables this body to fi
that public facilities will be available concurrent with need a
reauirec! by the General Plan."
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I! 2. Fir.dinq 8 is added to read as follows:
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'I "8. The applicant has complied with or is reauired
7!1 as a condition of this approval to comply with all provisions o City Council Ordinznce No. 9791 and with any development management system or public facilities phasing plans which may
subsequently be adopted by the City Council." 9 sj !/
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C. That %id Tentative Tract Map, together with the
1; provisicns for its design and improvement and subject to the
conditions of this resolution, is consistent with ali applicabl 12
m < general and specific plans of the City of Carlsbad. ? z 13
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0 55 2 D. That Tentative Tract Map CT 85-21 and La Costa so?$ 14
SiZs 15 Developrent Permit LCDT 85-3 are hereby approved subject to 311
.I I< ,>iV applicable reouirements of the Carlsbad MiAnicipal Code and to t a2gS 16 u= sarisfaction of the conditions contdined in Planning Comrnissiorl 23-%
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?$ 5 17
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0 c Resolution No. 2552 dated April 23, 1986 marked Exhibit A 18
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attached hereto and nade a part hereof, with the exception of t
, following!
1. Condition No. 3 is mended to read as follows:
"3. This project is approced under the express
condition that the applicant pay the public facilities fee adopted by the City Council cn April 22, 1986 and any developnle fees established by the City Council pursuant to Ordinance No. 9791 or subseqbent ordinance adopted to implement a grouth or development managenent system or public facilities phasinq plar
and to fulfill the subdivider's agreement to pay the public
facilities fee dated June 24, 1985 a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid this application will not be consistent
with the General Plan and approval fQr this project shall be void .) 'I
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2. Condition ?:e. 3A is adderl to read 3s follows:
"3A. No final map shall be apprmed for this
subdivision unless at the time of the final map apqroval the subdivider has coxlplied with the Drovisiozs of City Cocncil Ordinance KO. 9791 or any subsequent orciinan'ze adopted by the City Council to impleFent a growth or development management system or public facilities phasing plan for the City or of any
growtk, or seveloprnent rnanaqemept system or regulation which may be adopter! by popular vote of the citizens of Carlsbad."
3. Ccndition KO. 28 is deleted.
PASSED, APPROVED, AND ADOPTED at a regular meeting of
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8: the City Council of the City of Carlsbad, California on the
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3rd day of June , 1986 by the following vote, to wit: -
AYES : Coxincil Yenbers Casler, Lewis, Kulchin and Chi.. k
NOES: COUTICI 1 Xember Pettirie
ABSENT: Sone
L-2 ./ (2- ,. />kc-, !J c d4 irc2-t
MARY H. CASLER, Mayor J
-- ALETHA L. RAUTENKRANZ, City Clerk 20
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ii lj ?LANNING COMMISSION RESOLUTION NO. 2552
2 A RESOLUTION OF THE PLANNI1;G COMMISSiON OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING a 36 LOT TENTATIVE TRACT
MAP AND ;S UNIT LA COS'TA DEVELOPMENT PERMIT ON PROPERTY 3 .! GENERALLY LOCATED ON ThE WEST SIDE OF MISION ESTANCIA
APPROXIMATELY 280 FEET SOUTI]: OF LA COSTA AVENUE.
!I APPLICANT: PARK VIEW EAST
CASE NO: CT 85-21/LCDP 85-3 - 41
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I. 6 '1 WHEREAS, a verified application for certain property, to
7!i wit:
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Parcel 4 of Parcel Nap No. 13524, City of Carlsbad, I/
1! County of San Diego, State of California,
/' has been filed with the City of Carlsbad, and referred to the
iJ Planning Commission; and IO I!
12 ij WHEREAS, said verified application constitutes a request 11 I/ //
!I as provided by Title 21 of the Carlsbad Municipal Code: 'and 13 !!
1; WHEREAS, the Planning Co,mission did, on the 23rd day of
April, 1986, hold a duly noticed public hearing as prescribed
;! by law, to consider said request; and
/i WHEREAS, at said public hearing, upon hearing and 16 ii
considering all testimony and arguments, if any, of all persons
i' desiring to be heard, said Commission consi6ered all factors
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relating to the Tentative Tract Map and Condominium Permit; and
I NCW, THEREFORK, EE JT HEREBY RESOLVED by t.he Plantling
Comnission as follows:
A) That the foregoizg recitations are trae and correct. 23 '. That based on the evidence presented at the public hearing, 24 li the Commissior, hereby APPROVES CT-85-24/LCDP 85-3, based on the following findings and subject to the following conditions:
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2 i 1) The project is consistent with the City's General Plan since
3 range of 4-8 du's/acre s;?ecified for the site as indicated
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5 /I I' to accommodate residential development at the density pro-
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the propcsed densicy of - 4.4 du's/&cre is within the density
// on the Lard [Jse Element of the General Plan.
The site is physically suitable for the type and density of
the development since the sice is tdequate in size and shape
posed.
The project is eofisistent with all Cicy public facility p~l-
icies and ordinances since:
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I a) The Planning Ccnlmission has, by inclusion of an
'I final map will not be approved unless the Cicy C3uneil appropriate condition to this project, ensured that the
finds that sewer service is available to serve the project. In addition, the Planning Commis:jion has added
that building permits may nct be issued for the project unless the City Engineer determines that sewer service i: available, and building cannot occur within the project unless sewer service remains availablz, and the Planning
Conmission is satisfied that the requi rements of t.he 14 Public Facilities Element of the General 21m have been
lrtt insofar as they apply tc seder service €or this 15 project.
16 b) School fees will be paid to ensure the availability of
school facilities in the San Dieguito School. District. 17 Also an existing school agreement between the La. Costa
Land Company and the Encinitas School District will 15 ensure adeqcacy of elementary school facilities.
13 c) The dedication of park land or th? payment of park-in- lieu fees pursuant to the La Costa Parks Agreement are
20 required as a condition of apFrova1.
21 dl All necessary public improvements have been provided 3r
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I' e) The applicant has agreed and is required by the inclusior 23 It of an appropriate condition tb pay a public Eacilities fee. Performance of that contract and payment of the fet
24 will enable this body to find that public facilities wil: be available concurrent with need as required by the 25 ' General Plan.
26 f) Assurances have bee.! 3~ven that adequate sewer for the
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11 condition that a note shall be placed on the final 'nap ji
vi11 be required as conditions of approval.
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project will be provided hy the Leuradia Water District.
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4) The proposed project is consistent with the development
standards and regulations of the La Costa Master Plan, the City's Planned Development Ordinance and also complies with the Design Guidelines Manual. I 3
I 5) The 2roposed project is compatible with.the surrounding future land uses srrtce surrounding properties are designated 'l 4 ai for residential development and open space on the General Plan. 5; I 6; 6) This project will not cause any significant environmental
II impacts and a Negative Declaration has been issued by the
;I 7 i/ Planning Director on November XP 1985 and approved by the
Planning Commission on April 23, 1386. i
7) This project requires the construction of the improvements or
facilities listed in the conditions of approval or the payment of fees in lieu of construction. This project creates a direct need for the improvements or facilities for
or facilities are not provided, the project will create an unmitigated burden on existing improvements and facilities.
provide safe, adequate and appropriate service to future
and plans.
I the reasons stated in the staff report. If the improvements
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12 Further, the improvements and facilities are necessary to
13 ', residents of the project consistent with City goals, policies
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15 1) Approval is granted for CT 85-21/LCDP 85-3, as shown on 16 Exhibits "A" - "G", dated Decenber 6, 1985, incorporatsd ky
reference and on file in the Planning Department,
17 I' Development shall occur substantially as shown unless otherwise noted in these conditions.
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19 final map shall not be approved unless the City Council finds
20 available to serve the subdivision.
21 3) This project is approved upon the ex2ress condition that the
applicant shall pay a public facilities fee as required by 22 Ciry Council Policy No. 17, dated April 2, 1982, on file with
the City Clerk and incorForated herein by reference, and 23 according to the agreement executed by the apglicant for payment of said fee, a copy of that agreement, dated June 24, 24 1985, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this 25 applicatioLi will not be consistent with the General Plan and
approval for this project shall be void. 26
27 I Coach Park pursuant to the existing parks agreement between
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,I Conditions:
2) This pro-ject is approved upon the express condition that the
as of the time of such approval that sewer service is
41 The applicant shall deGicate land to be located in Stage
Dann and the City of Girlst3.d.
1 PC HESO NO. 2552 -3-
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School District to mitigate conditions of overcrowdinq as tart
of the building perxr.Ft application. These fees shall De based 4 //j
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I' 9 ,I bu i Id i ng pe rm i t is s uance .
requirements of the existing school agreement between the La
I Costa Land Company and the Encinitas School District.
117) Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance, the La Costa Master Plan,
I and all other applicable City ordinances in effect at time of
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I1 District.
I 9) The applicant shall prepare a 24"x36" reproducible mylar of
10,. 8) Water shall be provided by the OliveRhain Mucicipal Water
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12 the final site plan incorporating the conditions contained
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, it! 161 The applicant shall submit a street name list consistent wit!
1; the City's street name policy subject to the Planning
Director's approval prior to final map approval. 2 Ii
3 17) The project shall provide bus stop facilities at locations
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5 (1 bench and pole shall be designed in a manner so as to not
6 I> said design shall be subject to the approval of the Planniilg
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subject to the satisfaction of the North County Transit Dis- trict. Said facilities shall at a minimum include a bench, I/ ,, free from advertising, and a pole for the bus stop sign. Thc
1 detract from the basic architectural theme of the project am
/I Director and North County Transit District.
18) The developer shall display a current Zoning and Land Use Mag in the sales office at all times, and/or suitable alternative
to the satisfaction of the Planning Director.
All sales naps that are distributed or made available to the 9' ij 19) 10 I public shall include but not be limited to trails, future and
I1 existing schools, parks, and streets,
20) Building identification and/or addresses shall be placed on all n3w and existing buildings so as to be plainly visible
from the street or access road: color of identification and/c ad3resscs shall contrast to their background color.
a directory sign at the entrance to the project. The design of this sign shall be approved hy the Planning Director.
221 If any condition for construction of any public improvements or facilities, or the payment, of any fees in lieu thereof, imposed by this approval or imposed by law on this project ar challenged, this approval shall be suspended as provided in Government Code Section 65913.5. If any such condition is determined to be invalid this approval siiall be invalid unles 19 the City Council determines that the project without the
condition complies with all requirements of law. 20 1
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14 21) Prior to occupancy of any units, the applicant shall construc
' 23) The final map shall include an open space maintenance easemen
to the Homeowner's A-ssociation for maintenance of 2.5: 1 slope or greater along the rear of lots 1-14. The aforementioned
slopes shall be maintained by the Yomeowner's Association.
shall submit detailed cross sections of the pedestrian trails for approval by the Planninq Director.
I' 24) Prior to the issuance of any building permits, the applicant
25) The applicant shall be required to create adequate buffer
east, t3 the satisfaction of the Planning Director. \ areas between the residential units and Mision Estancia to th ' 26
PC RES0 NO. 2552 -5-
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21 Planning Director, a noise analysis for all units fronting
Prior to the isstiance of building permits, the applicant
shall be required to submit to the satisfaction of the
on Mision Estancia. = ,i
I 27) CC&R's shall contain a provisian prohibiting the parking or 4 I' storage of recreational vehicles onsite. In addition, the
5 location of a permanent RTJ storage facility in the La Costa
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applicant shall participate in the design, fundiry, and
area.
Prior to final map approval, a traffic study shall he prepared to determine the extent of impacts that this project will have on major streets in the La Costa area, including La
Casta Avenue from El Camino Real ta Interstate 5. The study shall determine a solution to these imnacts and the applicant
shall agree to perform or to participate in the solution as determined by the City Council. No units shall be occupied in this subdivision until traffic impacts have been mitigated to the satisfzction of the City Council. The studies which are now being conducted by the City may be used to satisfy this condition if they are completed prior to the
applicant requesticg approval of a final map.
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Engineering Conditions:
29) The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
30) The grading for tnis project is defined as "controlled grad-
ing" by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observatiori of a civil engineer whose responsibility it shall be to coordinate site
the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 11.06 of the
I inspection and testing to ensure compliance of the work with 18 I
19 t Carlsbad Municipal Code.
20 31) No grading shall occur outside the limits of the subdivision
unless a letter of permission is obtained from the owners of 21 the affected properties.
22 32) All slopes within this project shall be no steeper than 2:l.
33) Prior to hauling dirt or construction materials to any
proposed construction site vrithin this project the developer 24 shall submit to and receive approval from the City Enqineer for the proposed haul route. The developer shall comply with I 25 all conditions and requirements the City Engineer may impose ' with regards to the hauling operation.
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27' 66'LESO NO. 2552 -6- I
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343 The developer shall exercise special care during the 1'
2 measures and shall construct teinporary desiltation/detention
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construction phase of this project to prevent any offsite siltation. The ae;.eloper shall provide erosion control
basins of type, size an3 location as approved by the City Engineer. The basrns and erosion control measures shall be shown and specified on the gradinq plan and shall be
constructed to the satisfaction of the City Engineer prior t
removal of any basins or facilities so constructed the area
It served shall be protected by additional drainage facilities,
slope erosion control measures and other methods required OK
the temporary basins and erosion control measures for a peri /I of time satisfactory to the City Engineer and shall quarante
8 ii their maintenance and satisfactory performance through cash
il deposit and bonding in amounts and types sclitable t? the Cit g 1: Engineer.
No grading permits will be issued for this project prior to
I the start of any otner grading operations. Prior to the
approved by the City Engineer. The developer shall maintain /I 7 ij
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101; 35) 'I final map recordation.
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Additional drainage easements and drainage structures shall
provided or installed as may be required by the County Department of Sanitation and Flood Control or the City Engi-
The developer shall pay the current local drainage area fee prior to approval of the final map for t!iis project or shall
construct drainage systems in ronformance with the Master Drainage Plan and City of Carlsbad Standards as required by the City Engineer.
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38) The proposed storm drain system from Mision Estancia, is
18 Mision Estancia at Via Calendo and connect to the Gpper reac
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?O Engineer.
21 39) The owner of the subject property shall execute a hold
harmless agreement regarding drainage across the adjacent 22 property prior to approval of the final map for this project
1, 3311 40) The developer shall make an offer of dedication to the City
/I for all publlc streets and easements required by these
conditions or shown on the tentative map. All land so offert 24
shall be granted to the City free and clear of all lieils and 25 encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. 26
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specifically not approved. The developer shall bore under
of this system. The lower reacn shall be plugqed and abandoned. Specific alignment of this storm drain shall be in Street "A", "C" and "D" or as approved by the City
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41) Direct access rights for all lots abutting Mision
Estancia shall be waived on the final map.
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44) ,Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the Citb
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1' 49) The developer shall install street trees at the equivalent of 40-foot intervals along all psblic street frontages in
conformance with City of Zarlsbad Standards. The trees shall
be of a variety selected from the approved Street Tree List.
50) The developer shall install sidewalks alona all public street frontages in conformance with City of Carlsbad Standards prior to occupancy of any buildings.
The developer shall install a wneelcbair ramp at the public street corner abutting the Lubdivision in conformance with
City of Carlsbad Standards prior to occupancy OC any build-
The developer shall comply xith all the rules, regulations and design requirements of the resFecCive sever and water aaencies regarding services to the project.
This subdivision shall be constructed entirely in one phase.
The design of all private streets and drainage systems shall
be approved by the City Engineer prior to approval of the final nap for this project. The structural section of all
private streets shall conform to City of Carlsbad Standards
ji based on R-value tests. All Fri.vate streets and drainage systems shall be inspected by the City, and the standard improvement plan check and ins?ection fees shall be paid prior to approval of the final map fzr this project.
All private streets and drainage systems shall be maintained by the homeowner's associatior in perpetuity. This respon- sibility shall be clearly stat-:d in the CC&R's.
electric services with meters zo each of the units.
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56) The Subdivider shall provide s,??arate sewer, water, gas, and
~ 57) All plans, s?ecifications, and. supportinq dccuments for the 19 !'
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imprcvements of this project shall be signed and sealed by the
Engineer in responsible charge of the kork. Each sheet shall be signed and sealed, except ttat bound documents may be
signed and sealed on their firzt page. Additionally, the first sheet of each set of p1ar.s shall have the following certificate: I'
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/i "DECLARATION OF RESPONSIELE CHARGE" 23 i;
I hereby declare that I am the Engineer of Work for this project, that I have exercised responsible charge over the
Business and Professions Code, and that the design is 'design of the project as defined in Section 6703 of the
I: consistent with current standards. 26 j/
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existing cond it ions. 11 //
60) The City Council has deterinined that in order to accommodate
thr traffic on Raficho Santa Fe Road, the developer of projects1
1' Drive intersection. Prior to final map approval the developer
such ixpirovements. The proposal shall be based on independent traffic analysis accomplished to the satisfaction of the City
EngiRPer. The prGposal shall include a time schedule and financing plan for the improvements which may include an
assessment district, developer financing, or scme alternative
improvements IiiuSt ke assured either by confirmation of the
assessment district secured subdivision improvement agreement, or otherwise guaranteed to the satisfaction cf the City
Council prior to final map approval.
20 'j shall suomit a proposal satisfactory to the 2i:y Council for
23 ii acceptzble to the City Council. The construction and
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11 61) Before and as a condition of obtaining a final map, or final I'
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3 interest to the follcwinc,:
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5 the City.
G ! b) Payment of the bridge and major thoroughfare fee €or the
development permit or site plan approval under Title 21 of ti
Carlsbad Municipal Code, the sctbdivider shall enter into a
contract with the City whereby the subdivider covenants on behalf of the subdivider and subdivider's successors in
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a) Not opposing and consenting to the formation of a bridge and major thoroughfare district fsr the southern area of 1,
area of the district in whicn this development is
located. I/
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Chapter 18.42 of the Carlsbad Municipal Code. j I' 9 /'
I1 1/62) Building permits fol: this project shall not be issued unless 10 '1
c) 2ayment of the traffic impact fee established pursuant tc
the applicant, as a condition of the building permit compliez
with the provisions of City Council and Ordinance No. 9791 OK any subsequent ordinance or estcblishinq a development
programs as referenced in Ordinance No. 9791.
~f, at time of issuance of building Fermits for this pr@ject,
a free right turn on Olivenhain Road at El Camipo Real does not exist, the develoF3r shall provide for a minimum 306 foot long right turn lare at this intersection. This shall be cocstructed prior to issuance of building permits.
I , management system, or public facilities financing or phasing 12 // !I
63)
64) The developer shall1 switch the recreation areaa with lot 3 t provide a view corridor at the western end of the main entry to the project.
18 Fire Dopartment Conditions:
I-9 65) Additional p2blic and/or onsite fire hydrants shall be
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provided if deemed necessary by the Fire Marshal.
66) The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and onsite roads and drives to the Fire Marshal for approval.
!, 67) An all-weather bccess road shall be maintained throughout construTtion,
68) All required fire hydrants, water mains and appurtrnar.ces shall be operational prior to comb1:stible building materials Seing located c,n the project site.
All private streets shall be kept clear of parked vehicles at all times, and shall have posted "No Parking/Fire Lane-Tow &'$g Zone" pursuant to Section 17.04.040, Carlsbad Municipal
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4l 72) All fire alarm systems, fire hydrants, zxtlngulshing systems, automatic sprinklers, and other systems ptrtinent to the project shall be submitted to th2 Fire Department for apprwal
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RESOLUTION NO. 93-229
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING AN EXTENSION OF TIME
SUBJECT TO CERTAIN CONDITIONS.
FOR TENTATIVE MAP NO. CT 85-21/LCDP 85-3/PARK VIEW EAST
WHEREAS, the City Council of the City of Carlsbad on, June 3,1986, Adopted f
No. 8593 approving with conditions Tentative Map No, CT 85-21 and La Costa De\
Permit (LCDP) 85-3; and
WHEREAS, Tentative Map No. CT 85-21/LCDP 85-3 was tolled until the adop
Citywide Facilities District No. 1 ,and
WHEREAS, the Citywide Facilities District was finalized on June 13, 1991 ,and
WHEREAS, Tentative Map No. Ct 85-21/LCDP 85-3 would have expired as o
1993, and
WHEREAS, the applicant is diligently pursuing those acts required to obtain a
and
WHEREAS, the project can be found to be in conformance with the General PI
City ordinances and current City policies with the imposition of additional conditions
WHEREAS, the applicant has consented to the imposition of such conditior
agreed to comply with them; and
WHEREAS, both the applicant and the City wish to extend the map subject to i
upon the additional conditions.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City 01
California as follows:
1.
2.
That the above recitations are true and correct.
That with additional conditions contained herein the design and impro
the subdivision are consistent with the General Plan, Titles 20 and 21 of this code, anc
facility or development policies in existence at this time.
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3. That Tentative Map No. Ct 85-21lLCDP 85-3 is hereby extended for one
June 13, 1994 subject to all of the original conditions approval and the following i
conditions:
A. The applicant shall defend, indemnify and hold harmless the City and ii
otficers, and employees from any claim, action or proceeding against ti
its agents, officers, or employees to attack, set aside, void or null an ai
the City, the Planning Commission or City Engineer which has beer
against the City within the time period provided for by Section 66499
Subdivision Map Act.
The applicant shall comply with the City's requirements of the National
Discharge Elimination System (NPDES) permit. The applicant shall prc
management practices to reduce surface pollutants to an acceptable
to discharge to sensitive areas. Plans for such improvements shall be
by the City Engineer prior to approval of the final map, issuance of !
building permit, whichever occurs first.
Prior to the issuance of building permits for this project, the Applican'
an inclusionary housing impact fee, as required By Chapter 21.85 of tht
Municipal Code.
Prior to final map approval, the applicanffdeveloper shall be requir
consult with the U.S. Fish and Wildlife Service regarding the impact of *
on the Coastal California Gnatcatcher and (2) be issued any permits, s
by the U.S. Fish and Wildlife Service.
That the Agreement for Waiver of Prohibition Against the Imposition of '
upon the Approval of an Extension of a Tentative Subdivision Map between
Development Corporation and the City of Carlsbad signed by the First International Bai
30,1993 on file in the office of the City Clerk is approved, and the Mayor is authorized
said agreement on behalf of the City. That this extension is approved in reliance ul
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agreement, Any legal challenge to or failure to perform said agreement or the conditic
reSOlUljOn shall render this approval void and the map shall not be final.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carl
Council held on the 10 th day of AUGUST , 1993 by the following vc
AYES:
NOES: None
ABSENT: None
Council Members Lewis, Stanton, Kulchin, Nygaard, Finnil;
ATTEST:
a4!.&op. Qca=k-) ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
3