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HomeMy WebLinkAbout1984-07-17; City Council; Resolution 7671I 1 1 2 3 4 5 6 7 e 9 1c 11 12 12 14 1E 1E 17 1€ 15 2c 21 22 22 24 25 26 27 2e RESOLUTION NO. 7671 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF CERTAIN CONDITIONS. TIME FOR TENTATIVE MAP CT 81-39 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 2nd day of February, 1982, adopted Resolution No. 6777 approving, with conditions, Tentative Map CT 81-39; and WHEREAS, the City Council of the City of Carlsbad on the 19th day of July, 1983, adopted Resolution No. 7297 extending Tentative Map CT 81-39 for a period of one year to August 2, 1984; and WHEREAS, Tentative Map CT 81-39 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 August 2, 1984, 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 approval 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 /I/ /I/ /I/ b 1 2 3 4 5 6 7 a 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 Yap CT 81-39 subject to such conditions, in lieu of denial of the nap, will allow the project to go forward avoiding the unnecessary jelay 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 nap subject to the additional condition; NOW, THEREFORE, BE IT RESOLVED by the City Council of the 2ity of Carlsbad, California, as follows: A. That the above recitations are true and correct; B. That Tentative Map CT 81-39, including CP-185, are hereby Zxtended for one year from August 2, 1984, to August 2, 1985, subject to the execution and fulfillment of all the conditions of 3esolution No. 7297 and the following additional condition: (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 between La Costa Hotel 8, Spa and the City of Carlsbad, dated May 24, 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. /// . I I 4 I( 1: 1; 1: 11 It It 1'; 1E 15 2c 21 22 23 24 25 26 27 2% D. That this extension is approved in reliance upon said greement. Any legal challenge to or failure to perform said greement or the conditions of this resolution shall render this pproval void and the map shall not be final. PASSED, APPROVED AND ADOPTED at a regular meeting of the City ouncil of the City of Carlsbad, California, held on the 17th day of JdY , 1984, by the following vote, to it: AYE S : NOES: None ABSENT: Council Mmkr Chick Council Mmbers Casler, Lewis, Kulchin and Prescott [TEST: UTENKRANL , City CJerk lLktL k. ;EAL)