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HomeMy WebLinkAbout1985-03-19; City Council; Resolution 79412 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 RESOLUTION NO. 7941 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR SPECIFIC PLAN 185, SUBJECT TO CERTAIN CONDITIONS WHEREAS, the City Council of the City of Carlsbad on the 15th day of March, 1983, adopted Ordinance Nos. 9672 and 9673 approving, with conditions, Specific Plan 185; and WHEREAS, Specific Plan 185 is now inconsistent of the City of Carlsbad because the City Council facilities are inadequate; and with the General Plan bas found that public WHEREAS, said Specific Plan will expire on March 15, 1985, and the Applicant has requested an extension of time which cannot be approved unless the specific plan can be brought into conformity with the General Plan; and WHEREAS, the addition of certain conditions of approval to the Specific Plan 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 Specific Plan 185 subject to such conditions, in lieu of denial of the plan, 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 WHEREAS, both the Developer and the City wish to extend the specific plan 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 Specific Plan 185 is hereby extended from March 15, 1985, 2 3 4 5 E 7 E s IC 11 12 1: 14 If 1Q 1: 1l 1: 2c 21 22 2: 24 2E 2t 2'; 2.2 to July 27, 1985, subject to the execution and fulfillment of all the conditions of Ordinance Nos. 9672 and 9673 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 C6uncil 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 19thday of March , 1985 by the following vote, to wit: AYES: Council Plmhers Casler, Kulchin, Chick and Pettine NOES: None d ..PA ABSENT: Council b'krdxr Lewis ATTEST : MARY H. MSLER, Mayor ALETHA L. RAUTENKRANZ, City Clerk\ (SEAL )