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HomeMy WebLinkAbout1985-10-01; City Council; Resolution 81951 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 RESOLUTION NO. 8195 I_a- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF CERTAIN CONDITIONS. TIME FOR TENTATIVE MAP NO. CT 82-7 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 8th day of September, 1982, adopted Resolution No. 2007 approving, with conditions, Tentative Map CT 82-7; and WHEREAS, the City Council of the City of Carlsbad on the 17th day of July, adopted Resolution No. 7672 extending Tentative Map CT 82-7 for a period 1984, of one year to September 8, 1985; and WHEREAS, Tentative Map CT 82-7 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, the said Tentative Subdivision Map will expire on September 8, 1985, and 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 82-7 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 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1E 19 2c 21 2% 22 24 25 26 27 28 0 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 82-7 is hereby extended for one year from September 8, 1985, to September 8, 1986, subject to the execution and fulfillment of all the conditions of Resolution No. 7627 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. A 600' 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 property. Any signs proposed for this development shall be 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. A uniform sign program for this development shall be submitted to the Land Use Planning Manager for his review and approval prior to occcupancy of any building. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, pursuant to Building Department Policy No. 80-6, to the satisfaction of the Land Use Planning Manager and Building and Planning Director. The project shall provide bus stop facilities at locations subject to the satisfaction of the North County Transit District. Said facilities shall at a minimum include a bench, free from advertising, and a pole for the bus stop sign. The bench and pole shall be designed in a manner so as to not detract from the basic 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2c 21 22 23 24 25 26 27 28 architectural theme of the project and said design shall be subject to approval of the Land Use Planning Manager and North County Transit District. (7) The developer shall display a current Zoning and Land Use Map in the sales office at all times, and/or suitable alternative to the satisfaction of the Land Use Planning Manager. (8) All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks and streets. (9) Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color. (IO) Prior to occupancy of any units, the applicant shall construct a directory sign at the entrance to the project. The design of this sign shall be approved by the Land Use Planning Manager. (11) If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof , imposed by this approval or imposed by law on this project are challenged this approval shall be suspended as provided in Government Code Section 65913.5. If any such condition is determined to be invalid, this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. C. That the Agreement for conditions upon the approval between L.R. Partnership, a Lim 3uly 16, 1985, on file in the Waiver of Prohibition against the imposition of of an extension of a tentative subdivision map ted Partnership and the City of Carlsbad, dated 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 . . L 4 1 2 3 4 5 E 7 E $ I( 1: 1: 1: 11 1 11 1 1 1 2 2 2 2 2 2 2 2 2 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City :ouncil held on the 1st day of October , 1985 by the following vote, to lit : AYES: Council Members Casler, Lewis, Kulckin, Chick and Pettine NOES: None ABSENT: None 4TTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL ) MARY H. &ASLEA, Mayor