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Home My WebLink About1987-02-24; City Council; Resolution 89741 2 31 4 5 6 7 8 9 lo I' 12 l3 I* l?., l6 17' 18 I' 2o 21 22 23 24 25 26 27 28 e 0 - RESOLUTION NO. 8974 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF CERTAIN CONDITIONS. TIME FOR TENTATIVE MAP NO. 83-9(A) SUBJECT TO WHEREAS, Section 66473.5 of the Subdivision Map provides that a tentative subdivision map may not be appr unless it is consistent with all applicable general and spec plans; and WHEREAS, the City Council - bf the City of Carlsbad on 19th day of July, 1983, adop'hed Res lution No. 7292 app ov.. with conditions, Tentative Map 'CT 83-9,(A); and / \ !\ \/ / \ a \ \ WHEREAS, the City Council of the City of Ca lsbad on n 19th day of June, 1984, aagpted Resolution No. 76/39 approvinr, amendment to the tentative map; and c ,/ \ \ / \ WHEREAS, Tentative Map l?T 83-9(A) is IM'W inconsistent v k General Plan of (he City of Cadsbad because the L Counc'l has found that pubUic facilitie? are inadequate; and / '\ \ I /' L/ / said Tentative Subdiyision Map will expire 19, 1987,, and the Applicaqt has requested an extens of time whhh cannot be approved'unless the subdivision can brought into con orm'ity with the General Plan; and \ wHEYs' \ \ IFebruary i i \ k\ dd'ition of / certain conditions of approval y, 1 WHEREAS, the subdivision will allo i it to be found to be in conform the Developer has requested ' imposition of such conditions and agreed to comply with the WHEREAS, the a 1 proval of an extension of Tentative Map and 4 /with the General Plan 83-9(A) subject to such conditions, in lieu of denial of t 1 2 3 4 5 6 7 8 9 10 l1 l2 I-3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 map, will allow the project to go forward avoiding unnecessary delay to the City and to the Developer involved denial and the new application which would then be app> subject to the same set of conditions; and WHEREAS, both the Developer and the City ish to extenl r/ / map subject to the additional condition; NOW, THEREFORE, BE IT RESOLVED by he City Council 01 1 City of Carlsbad, California, as follows: / A. That the above recitations abe true and correct. 5. That Tentative Map CT 8,$-9(A) is hereby extended One year from February 19, 1907,;' to February 19, 1988, sub to the execution and fulfil i rnent of all the condition i Resolution No. 7639and the following additional condition: i lf / / (1) This approva; is expressly conditioned on payment by /the Applicant of a Public Facili Fee as req'uired by City Council Policy No. dated Febybary 24, 1982, and effective Apri 1982, on f,hle with the City Clerk and incorpor herein ,dy reference, and according to agreementz executed by the Applicant for paymen If said fee is not paid as promi said fee. this abplication will not be consistent with GeneraJ Plan and the project cannot proceed The /applicant shall comply with all provision: Carlsbad Municipal Code Section 21.90 (Grc Ma agement System). Final map approval tY r cordation is prohibited until the Grc anagement Plan for the zone in which the pro. is located has been approved by the City Counci (3) Comply with all requirements of Carlsbad Ordinc Lo. 9808. This project shall not be conside exempt per Section 21.90.03~of the ab I mentioned ordinance. (4) Sanitary sewer service to this project is tc provided through the South Agua Hedionda Tr Line in accordance with the City of Carlsbad Sf Master Plan. / pproval shall be void. this B i (2) I ' I ' Installation of the portions of the South A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 e e Hedionda Trunk Line .within Sunny Creek require appropriate environmental review b: City of Carlsbad and any other applii agencies. (5) A program shall be undertaken to avoid pos: significant impacts on paleontological resour' a. The program shall first consis J of a qual: paleontologist doing a liteyature and rec search, surface study, subsurface testin! necessary), the recordatio'n of any sites! a recommendation regarding the need / ./. further work, b. If it is determinedl that further WOI necessary, it shall qhnsist of the followi I. A qualified padeontological monitor 5 be present at .,A pregrading conference the developer$' grading contractor, and environmenta? review coordinator. purpose of ,t'his meeting will be to con and coordigate the role of the paleont gist in ,'the grading of the site. qualified' paleontologist is an indivi with adequate knowledge and experi with ,,fossilized remains likely to presen$ to identify them in the field is adequately experienced to remove resojrces for further study. i /i 1 2. A ,paleontologist or designate shal: I pr,esent during those relative phase: I giading as determined at the pregrac i qonference. The monitor shall have I /authority to temporarily direct, divert ;'halt grading to allow recovery of fo: / remains (primarily marine mammals). ' the discretion of the monitor, recol / may include washing and picking of I I ! /' samples for micro-vertebrate bone ,,/ teeth. The developer shall authorize deposit of any resources found on project site in an institution staffed qualified paleontologists as may determined by the Planning Director. contractor shall be aware of the rar; nature of fossil occurrences and possibility and/or educational importa which might warrant a long term salv operation or preservation. Any confli regarding the role of the paleontolog and/or recovery times shall be resolved the Planning Director. ;I/ / 1 I 1 2 3 4 5 6 7 8 9 10 11 12 13 34 15 16 17 0 (6) Prior to approval of a final map, the olr developer shall agree to participate in and nc oppose the formation of an assessment distric construct the off-site public improvement: required by the Resolution of Approval. C. That the Agreement for Waiver of Prohi ition ag: the imposition of conditions upon the approval’ of an exter City of Carlsbad, dated /’ , 1987, on fil the Office of the City Clerk, is apjproved, and the Mayc /”/’ of a tentative subdivision map between Man J ana Cal Co. anc authorized to execute such agreement pn / behalf of the City. i /‘ D. That this extension is ayproved in reliance upon agreement. Any legal challengP to or failure to perform agreement or the conditions of his resolution shall render approval void and the map shy11 not be final. / /’ 1 PASSED, APPROVED AN/D ADOPTED at a regular meeting of Carlsbad City Council /held on the day of 1987 by the following +te, to wit: / AYES: / 18 19 20 21 22 23 24 25 26 27 28 I I I NOES: ;I/ / ABSENT:/ i / CLAUDE A. LEWIS, Mayor / ATTEST: ALETHA L, RAiUTENKRANZ, City Clerk (SEAL)