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HomeMy WebLinkAbout1985-01-22; City Council; Resolution 78861 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 RESOLUTION NO. 7886 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF CERTAIN CONDITIONS. TIME FOR TENTATIVE MAP CT 82-25 SUBJECT TO WHEREAS, Section 66473.5 of the Subdivision Map Act provide: that a tentative subdivision map may not be approved unless it i: consistent with all applicable general and specific plans; and WHEREAS, the Planning Commission of the City of Carlsbad or the 26th day of January, 1983, adopted Resolution No. 2073 approving, with conditions, Tentative Map CT 82-25; and WHEREAS, Tentative Map CT 82-25 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 or January 26, 1985, 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 tc the subdivision will allow it to be found to be in conformity witt 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 82-25 subject to such conditions, in lieu of denial of the map, will allow the project to go forward avoiding the unnecessar) delay to the City and to the Developer involved with denial anc 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 * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 82-25 is hereby extended for one year from January 26, 1985, to January 26, 1986, subject to the execution and fulfillment of all the conditions of Resolution No. 2073 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. (2) The developer shall agree to participate in the formation of an assessment or other district for Palomar Airport Road as may be satisfactory to the City of Carlsbad Council to fund the design and construction of those Palomar Airport Road improvements contained in the proposed Palomar Airport Road Assessment District as decribed to the Council on 11/27/84, C. That the agreement for waiver of prohibition against 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.) D. That this extension is approved in reliance upon agreement. Any legal challenge to or failure to perform agreement or the conditions of this resolution shall render approval void and the map shall not be final. /// said said this 1 2 3 4 5 6 7 z! 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Counc'il of the City of Carlsbad, California, held on the 221x3 day of Jan~ary , 1985, by the following vote, to wit: AYES : NOES : ABSENT: "e Council "brs Casler, Kulchin and Chick Council Men'bers Lewis and Pettine ATTEST: I (SEAL)