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HomeMy WebLinkAbout1984-07-17; City Council; Resolution 76724 1 6 7 8 g 10 11 12 13 14 15 17 18 19 20 21 22 23 24 25 26 27 28 2 3 khat a tentative subdivision map may not be approved unless it is zonsistent with all applicable general and specific plans; and WHEREAS, the Planning Commission of the City of Carlsbad on ‘,he 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 ieneral 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 September 8, 1984, and the Applicant has requested an extension of 16time 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 ieneral Plan and the Developer has requested the imposition of such Zonditions and agreed to comply with them; and //I /// //I /// //I I// //I 4 5 RESOLUTION NO. 7672 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF CERTAIN CONDITIONS. TIME FOR TENTATIVE MAP CT 82-7 SUBJECT TO WHEREAS, Section 66473.5 of the Subdivision Map Act provides 2 3 4 5 6 7 9 lo 11 121/ B. That Tentative Map CT 82-7, including CP-209, are hereby Yap CT 82-7 subject to such conditions, in lieu of denial of the nap, will allow the project to go forward avoiding the unnecessary delay to the City and to the Developer involved with denial and the iew 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 City sf Carlsbad, California, as follows: A. That the above recitations are true and correct; xtended for one year from September 8, 1984, to September 8, 1985, ubject to the execution and fulfillment of all the conditions of esolution No. 2007 and the following additional condition: 22 23 24 25 26 27 16 17 98 19 20 21 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 L. R. Partnership, Ltd. and the ?ity of Carlsbad, dated June 26, 1984, on file in the Office of the ;ity Clerk, is approved, and the Mayor is authorized to execute uch agreement on behalf of the City. i" (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. 1 2 3 4 5 6 71] 17th day of JdY , 1984, by the following vote, to 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 10 11 12 13 14 15 AYES : NOES: None ABSENT: Council Fer Chick Council Members Casler, Lewis, Kulchin and Presmtt MARY H. PSLER, I Mayor 17 II AA 22 23 24 25 27 28