HomeMy WebLinkAbout1987-07-14; City Council; Resolution 91561
2
3
4
5
E
7
€
s
1c
11
1;
1:
11
l!
It
1'
11
11
2(
2:
2;
2;
28
2
21
2'
2'
RESOLUTION NO. 9156
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING
AN EXTENSION OF TIME FOR TENTATIVE MAP NO. 84-28 SUBJECT TO CERTAIN CONDITIONS.
WHEREAS, Section 66473.5 of the Subdivision Map Act
provides that a tentative subdivision 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 14th day of February, 1985, adopted Resolution No. 2415
approving, with conditions, Tentative Map Carlsbad Tract No.
84-28; and
WHEREAS, Tentative Map Carlsbad Tract No. 84-28 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
April 20, 1987, 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 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
Carlsbad Tract 84-28 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
1
1
2
3
4
5
6
7
E
9
XC
11
12
12
14
If
1t
1:
1f
1:
2(
21
2:
2;
2L
2:
24
2:
2E
uith 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 Carlsbad Tract No. 84-28, is
hereby extended for one year from April 20, 1987, to April 20,
1988, subject to the execution and fulfillment of all the condi-
tions of Resolution No. 2415 and the following additional condi-
tions:
1.
2.
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.
This project is also approved under the express conditionthat theapplicant pay the public facilities fee adopted by the City Council on April 22, 1986 and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code orotherordinanceadoptedto implement a growthmanagement system or facilities and improve- ment plan and to fulfill the subdivider's agreement to pay the public facilities fee dated May 21, 1987 and the agreement to pay the Growth Management Fee dated March 31, 1987, copies of which are on file
with the City Clerk and are incorporated by this reference. If the fees are not paid this application will not be consistent with the General Plan and approval for this project shall be void.
3. The applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time of building
1
2
3
4
5
6
7
8
9
10
11
12
13
'E4
15
16
1'7
18
19
20
21
22
23
24
25
26
27
28
4.
5.
6.
permit application.
The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to the issuance of grading or building permits, whichever occurs first.
A master plan of the existing on-site trees shall be provided to the Planning Director as part of the final grading plan to determine which trees shall be required to be preserved prior to the issuance of a grading permit or a building permit, whichever occurs first.
Prior to issuance of a grading or building permit,
whichever comes first, a soils report shall be
prepared and submitted to the City of Carlsbad. If the soils report indicates the presence of potential fossil bearing material then a two phased program shall be undertaken to avoid possible significant
impacts on paleontological resources.
a. Phase 1 shall consist of a qualified paleon-
tologist doing a literature and records search, surface study, subsurface testing if necessary, the recordation of any sites, and a recommenda- tion regarding the need for further work.
If it is determined during Phase 1 that further work is necessary, it shall consist of the following:
1. A qualified paleontological monitor shall
be present at a pregrading conference with the developer, grading contractor, and the environmental review coordinator.
The purpose of this meeting will be to consult and coordinate the role of the paleontologist in the grading of the site. A qualified paleontologist is an individual with adequate knowledge and experience with fossilized remains likely to be present to identify them in the field and is adequately experienced to remove the resources for further study.
2. A paleontologist or designate shall be present during those relative phases of grading as determined at the pregrading conference. The monitor shall have the
authority to temporarily direct, divert or halt grading to allow recovery of fossil remains (primarily marine mam-
mals). At the discretion of the monitor,
b.
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
7, The the
a.
b.
17
18
19
20
21
recovery may include washing and picking of soil samples for microvertebrate bone and teeth. The developer shall authorize the deposit of any resources found on the project site in an institution staffed by qualified paleontologists as may be deter- mined by the Planning Director. The
contractor shall be aware of the random
nature of fossil occurrences and the possibility of a discovery of remains of such scientific and/or educational impor-
tance which might warrant a long term salvage operation or preservation. Any
conflicts regarding the role of the paleon- tologists and/or recovery times shall be resolved by the Planning Director.
applicant shall provide the following notes on final map:
The residential growth management control point established by Chapter 21.90 for this General Plan Land Use designation of RLM is
3.2 dwelling units per acre. No subdivision of RLM designation shall exceed this control point except as provided by Municipal Code Chapter 21.90.
The areas of all five (5) parcels on this map were used for the residential density calcula- tions, Further subdivision of any parcel (1 to 5) shall also include the other parcels of this subdivision in density calculations.
This project is approved upon the express condition that building permits will not be
issued for development of the subject property until a local facilities management plan for the underlying zone has been approved by the Carlsbad City Council pursuant to City Code Chapter 21.90.
The building permits when issued will be subject to any fees, other conditions or requirements imposed as a part of that plan.
8. The developer shall submit a 400-scale mylar of the public improvements to the Fire Department and to the satisfaction of the Fire Marshall prior to the
signing of the improvement drawings.
C. That the Agreement for Waiver of Prohibition against
the imposition of conditions upon the approval of an extension
4
1
2
3
4
5
E
'i
E
$
1(
1:
1:
1:
1,
11
1
1
1
2
2
2
2
2
2
2
2
2
f a tentative subdivision map between March Group, Inc, a
alifornia Corporation and the City of Carlsbad dated March 31,
987, on file in the Office of the City Clerk, is approved, and
he Mayor is authorized to execute such agreement on behalf of
he City.
D. That this extension is approved in reliance upon
aid agreement. Any legal challenge to or failure to perform
aid agreement or the conditions of this resolution shall render
his approval void and the map shall not be final.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
!arlsbad City Council held on the 14th day of July
.987 by the following vote, to wit:
I
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
k
(SEAL)
5