HomeMy WebLinkAbout1985-06-11; City Council; Resolution 80711
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RESOLUTION NO. 8071
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
AN EXTENSION OF TIME FOR TENTATIVE MAP
81-19 SUBJECT TO CERTAIN CONDITIONS..
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
18th day of May, 1982, adopted Resolution No. 6876 approving,
with conditions, Tentative Map CT 81-19; and
WHEREAS, the City Council of the City of Carlsbad on the
18th day of May, 1984, adopted Resolution No. 7582 extending
Tentative Map CT 81-19, including CP-199, for a period of one
year to May 18, 1985; and
WHEREAS, Tentative Map CT 81-19 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 May
18, 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 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
81-19 subject to such conditions, in lieu of denial of the map,
Y
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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 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 81-19, including CP-199, is
hereby extended for one year from May 18, 1985, to May 18,
1986, subject to the execution and fulfillment of all the
conditions of Resolution No. 7582 and the following additional
conditions:
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.
The developer shall make an offer of dedication to the
City of Carlsbad for a 15 foot wide easement for the
reservoir drain line located within the limits of this
subdivision within 90 days of approval of the
tentative map or prior to recordation of the final map
(whichever occurs first). All land so offered shall
be granted to the City free and clear of all liens and
encumberances and without cost to the city. The
tentative map shall become null and void if this
condition is not satisfied within the prescribed time
limits.
The single family residence portion of the project
shall be constructed prior to the condominium portion.
Secondary access for the project shall be provided
prior to issuance of the building permit for the 51st.
unit.
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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 Sheffler Brothers and
the City of Carlsbad, dated March 23, 1984, on file in the
Office of the City Clerk, is approved, and the Mayor is
authorized to execute such agreement on behalf of the City.
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
9 Carlsbad City Council held on the 11th day of June
1985 by the following vote, to wit:
AYES: Council J%mbers Casler, Lewis, Kulchin, Qlick and Petthe
NOES: None
ABSENT: None
MARY H. ghSLER, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City C&k
(SEAL)
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