HomeMy WebLinkAbout1984-10-02; City Council; Resolution 77591
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RESOLUTION NO. 7759
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF
CERTAIN CONDITIONS. TIME FOR TENTATIVE MAP CT 82-6 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 19th
day of October, 1982, adopted Resolution No. 7033 approving, with
conditions, Tentative Map CT 82-6; and
WHEREAS, Tentative Map CT 82-6 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
October 19, 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
WHEREAS, the approval of an extension of Tentative
Map CT 82-6 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
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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 CT 82-6, is hereby extended for one
year from October 19, 1984, to October 19, 1985, subject to the
execution and fulfillment of all the conditions of Resolution No.
7033 and the following additional conditions:
(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.
with all sections of the Zoning Ordinance and all other
applicable City ordinances in effect at time of building
permit issuance.
(2) Approval of this request shall not excuse compliance
(3) A 500' scale map of the subdivision shall be submitted
to the Land Use Planning Manager prior to the recordation of the final map. Said map shall show all
lots and streets within and adjacent to the project.
designed in conformance with the City's Sign Ordinance and shall require review and approval of the Land Use Planning Manager prior to installation of such signs.
(4) Any signs proposed for this development shall be
C. That the existing Condition No, 6 of Resolution No. 7033
shall be replaced with the following:
Water shall be provided to this project pursuant to the
Water Service agreement between the City of Carlsbad
and the Costa Real Water District, dated May 25, 1983.
D. That the Agreement for Waiver of Prohibition against
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the imposition of conditions upon the approval of an extension of
a tentative subdivision map, dated hereto is approved.
[EXTENSIONS: and the Mayor is authorized to execute such
agreement on behalf of the City.)
E. That this extension is approved in reliance upon said I
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
2nd day of October , 1984, by the following vote, to
wit:
AYES : Council b&nbers Casler, Lewis, chick and Prescott
NOES: None
ABSENT: Council Bmkr Kulchh
ATTEST:
(SEAL)