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Home My WebLink About1985-12-03; City Council; Resolution 82921 2 z 4 5 6 7 e 9 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8292 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR TENTATIVE MAP CERTAIN CONDITIONS. NO. 82-12 INCLUDING PUD 42 SUBJECT TO WHEREAS, Section 66473.5 of the Subdivision Map Act provides that a ten- tative 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 7th day of September, 1982, adopted Resolution No. 6994 approving, with conditions, Tentative Map CT 82-12 including PUD 42; and WHEREAS, the City Council of the City of Carlsbad on the 7th day of August, 1984, adopted Resolution No. 7675 extending Tentative Map CT 82-12, including PUD 42, for a period of one year to September 7, 1985; and WHEREAS, Tentative Map CT 82-12 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 September 7, 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, changed circumstances render Condition No. 45-8 unnecessary; and WHEREAS, the addition of certain conditions of approval to the subdivi- sion 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 82-12 including PUD 42 subject to such conditions, in lieu of denial of the map, will allow 1 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 the project to go forward avoiding the Developer involved with denial ant the unnecessary delay to the City and to 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 Condition No. 45-B is hereby deleted. C. That Condition No. 47 shall be amended as follows: sewage for this project will be treated by the Encina Treatment Plant. All facilities required including services, D. one year execution 7675 and (1) (3) to serve this project, as described in the Sewer Master Plan, all systems, facilities, and easements necessary to provide these shall be the responsibility of the developer. hat Tentative Map CT 82-12, including PUD 42, is hereby extended for from September 7, 1985, to September 6, 1986, subject to the and fulfillment of all the conditions of Resolution Nos. 6994 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. Prior to occupancy of the last unit within this subdivision, the sales center shall be removed, and the entire lot developed into a neighborhood park to be maintained by the homeowner's association. The plan for this park shall be approved by the Land Use Planning Manager. Prior to recordation of any final maps the applicant shall submit a detailed traffic study identifying additional intersection improve- ments required as a result of traffic impacts from this project. 1 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 This shall not be limited to, but shall specifically address the following intersections: Cannon Road and College Avenue and El Camino Real. Impacts directly attributable to this project shall be mitigated to the satisfaction of the City Engineer. study 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. 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. If any condition for construction of any public improvements or facilities, 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. or Prior to final map approval, a traffic analysis addressing level of service and impacts on adjacent street systems to this project shall be submitted to and approved by the City Engineer. Specific mitigation measures shall be incorporated into this study, and made a part of these conditions, if approved by the City Engineer. All conditions of approval for this project shall not be eligible for Public Facilities Fee Reimbursement. Condition No. 45-8 is hereby deleted. Condition No. 47 is amended to read as follows: "Sewage for this project will be handled as indicated in the Sewer Master Plan - through the South Aqua Hedionda Trunk to Encinas. Prior to approval of the final map, the developer must provide for the systems, facilities, and easements necessary to implement the Sewer Master Plan .I1 This tentative map as extended shall comply with the recommendations of the Citizen's General Plan Land Use Element Review Committee as adopted and approved by the City Council. The map shall be reviewed by Planning Director and City Engineer and shall be revised as they determine necessary to ensure compliance with such recommendations. the I *< 1 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 E. That the Agreement for Waiver of Prohibition against the imposition of conditions upon the approval of an extension of a tentative subdivision map between Barnes Corporation and the City of Carlsbad, dated May 20, 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. F. 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 Carlsbad City Council held on the 3rd day of December. , 1985 by the following vote, to wit: - AYES: Council Members Casler, Lewis, Kulchin and Chick NOES: Council Member Pettine ABSENT: None MARY H./CASLER, Mayor A TEST: (SEAL)