HomeMy WebLinkAbout1986-06-17; City Council; Resolution 8589-
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RESOLUTION NO. 8589
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF
SUBJECT TO CERTAIN CONDITIONS.
WHEREAS, Section 66473.5 of the Subdivision Map Act
TIME FOR TENTATI\fE MAP NO. 82-25, INCLUDING V-344
provides that a tentative subdivision map may not be approved
unless it is consistent with all applicable general and specific
plans; and
WHEREAS, the Planning Commission of the City of Carlsbad
on the 26th day of January, 1982, adopted Resolution Nos. 2073 and
2074 approving, with conditions, Tentative Map CT 82-25 including
V-344; and
WHEREAS, the City Council of the City of Carlsbad on the
22nd day of January, 1985, adopted Resolution No. 7886, extending
Tentative Map CT 82-25, including V-344, for a period of one year
to January 22, 1986; and
WHEREAS, said Tentative Subdivision Map should have
expired on January 22, 1986, and the applicant has requested an
extension of time prior to the expiration of this tentative map,
but staff's workload and a misunderstanding about the status of
this project in reference to the moratorium delayed processing of
this request; and
WHEREAS, Tentative Map CT 82-25 is now inconsistent with
the General Plan of the City of Carlsbad because the City Council
has found that public facilities are inadequate; and the requested
extension cannot be approved unless the subdivision can be brought
into conformance with the General Plan; and
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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
82-25 including V-344 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 conditions;
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 82-25, including V-344, is
hereby extended for one year from January 26, 1986 to January 26,
1987, subject to the execution and fulfillment of all the
conditions of Resolution Nos. 2073 and 2074 and 7886 and the
following additional conditions:
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.
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Prior to final map approval, the applicant shall agree to
assessment district associated with Palomar Airport Road".
I participate in a bridge and thoroughfare district and any
Before obtaining a final map or building permit, whichever occurs first, the applicant shall: a) agree to pay any increase in the public facilities fee or additional tax on new construction and/or new development fees established
by the City Council prior to July 20, 1986; b) agree to abide by any additional requirements established by the development management system or phasing plans which may be ultimately adopted by the City of Carl sbad. This condition comp1ic.s with City Council Ordinance No. 9791.
Prior to final map approval the applicant shall accept drainage from upstream properties. The design of this project shall incorporate this and shall determine the impact on downstream properties. A note to this effect shall be placed on the final map".
Improvements on Palomar Airport Road shall be completed
within 12 months of approval of this extension.
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 Hiroshi and Miwako Ukegawa 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.
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.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
2arlsbad City Council held on the 17th day of June , 1986
sy the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
ATTEST:
(SEAL)
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