HomeMy WebLinkAbout1985-01-22; City Council; Resolution 78861
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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
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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.
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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)