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HomeMy WebLinkAbout1985-12-03; City Council; Resolution 8281l 2 9 4 5 6 7 E 9 1C 11 12 13 34 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8281 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF CERTAIN CONDITIONS. TIME FOR TENTATIVE MAP CT 81-50 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 13th day of October, 1982, adopted Resolution No. 2024 approving, with conditions, Tentative Map CT 81-50; and WHEREAS, the City Council of the City of Carlsbad on the 6th day of November, 1984, adopted Resolution No. 7788 extending Tentative Map CT 81-50, including PUD-37, for a period of one year to October 13, 1985; and WHEREAS, Tentative Map CT 81-50 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 October 13, 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 /// 8 6 a 1 I I I ! 1( 1: 1: 1: 11 If 1t 1: 1t 1: 2c 21 2: 22 24 2E 26 27 28 WHEREAS, the approval of an extension of Tentative Map CT 81-50 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 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. 8. That Tentative Map CT 81-50, including PUD-37, is hereby extended for one year from October 13, 1985, to October 13, 1986, subject to the execution and fulfillment of all the conditions of Resolution No. 7788 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 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) 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. (3) The developer shall provide a minimum of 25 percent of the lots with adequate sideyard area for Recreation Vehicle storage pursuant to City Standards. The CC&R's shall prohibit the storage of recreational vehicles in the required front yard setback. 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. 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 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. 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. That the Agreement for Waiver of Prohibition against the imposition of condit.ions upon the approval of an extension of a tentative subdivision map between Michael D. O'Gara and the City of Carlsbad, dated September 21, 1985, 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. /// /// /// /// 1 2 3 7 8 9 10 PASSED, APPROVED AND ADOPTED at a regular meeting of the Y Carlsbad City Council held on the 3rd day of December 1985 by the following vote, to wit: - -- ATTEST: 13 94 ALETHA L. RAUTENKRANZ, City derk (SEAL) 28 MARY HYCASLER, Mayor I