HomeMy WebLinkAbout1987-09-01; City Council; Resolution 9222e.
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RESOLUTION NO. 9222
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR TENTATIVE MAP CARLSBAD TRACT 83-30 SUBJECT TO CERTAIN CONDITIONS.
WHEREAS, Section 66473.5 of the Subdivision Map Act provides
that a tentative subdivision map may not be approved unless it is
consistent will all applicable general and specific plans: and
WHEREAS, the City Council of the City of Carlsbad on the
18th day of September, 1984, adopted Resolution No. 7750
approving with conditions, Tentative Map Ct 83-30: and
WHEREAS, Tentative Map Ct 83-30 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 May
21st, 1987, and the Appllicant 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 alltow it be found to be in conformity with
the General Plan and the Developer has consented to the
imposition of such conditions and agreed to comply with them: and
WHEREAS, the approval of an extension of Tentative Map CT
83-30 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 approve subject to the
same set of conditions; and
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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 83-30 is hereby extended for
one year from May 21st, 1987, to May 21st,1988 subject to the
execution and fulfillment of all conditions of Resolution No.
7750 and the following additional conditions:
Condition No.4 of Resolution No. 7750 should be revised to
read as follows:
This project is also approved under the express condition that the applicant pay the Public Facilities Fee adopted by the City Counci.1 on August 28, 1987 and any development fees established Iby the City Council pursuant to Chapter
21.90 of the Carltsbad Municipal Code or other ordinance adopted to implement a Growth Management System of Facilities and Improvement Plan to fulfill the subdivider's agreement to pay the Public Facilities Fee dated August 18 , 1.987, and the agreement to pay the Growth
Management Fee dat.ed August 18 1987, copies of which are on file with the City Clerk and are incorporated by this reference. If tlhe Fees are not paid, this application will not be consistent with the General Plan, and approval for this project shall be void.
Condition No.11 of Resolution NO. 7750 should be revised
to read as follows:
The grading shown on the tentative map is conceptual only.
No grading permits; will be issued for work within lots 6A through 19 (inclusive) unless a phased grading plan for this work has been submitted to the City Of Carlsbad and approved by the City Engineer and Planning Director. In addition no development approvals for Lots 6A through 19 (inclusive) shall be given by the City of Carlsbad until such time as said phased grading plan is approved by the
City Engineer and Planning Director. A note to this effect shall be placed on the final map.
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Prior to the issuance of a grading or building permit, whichever come first, a soils report shall be prepared and submitted to the City of Carlsbad. If the soiils 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 paleontologist doing a literature and records search, surface study, subsurface testing is necessary, the recordation of any sites, and a recommendation regarding the need for further
work.
B. If it iis determined during Phase 1 that further work is necessary, it shall consist of the following :
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A qualified paleontological monitor shall be present at a pregrading conference with th.e developer, grading contractor, and the environmental review coordinator. The purpose of this meeting will be to consult arid coordinate the role of the pa,leontologist in the grading of the site. A qualified paleontologist is an individual with adequate knowledge and experience with fsssilized remains likely to be present to identify them in the field and is adequately experienced to remove the resources for further study.
A paleontologist or designate shall be present during each phase of grading as determined at the pregrading conference. Thie monitor shall have the authority to temporarily direct, divert, or halt grading to allow recovery of fossil remains. At thle discretion of the monitor, recovery may include washing and picking of soil samples for micro-vertebrate 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 determined by the Planning Director. The contractor shall be aware of the random nature of fossil 0c:currences and possibility of a discovery of remains of such scientific and/or educational importance which might warrant a long-term salvage operation or preservation. Any conflicts regarding the role of the paleontologist and/or recovery ti.mes shall be resolved by the Planning Di.rector .
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C.
The applicant shall comply with all provisions of the Carlsbad Municipal Code, Section 21.90, Growth Management. No development permits or building
permits may loe approved until the following occurs:
A. A Locall Facilities Management Program is approved by the Carlsbad City Council for Zone 8.
B. All existing public facilities' deficiencies identified by this plan within Zone 8 or impacted by Zone 8 are mitigated.
The tentative map as extended shall comply with the recommendations of the Citizens' General Plan Land Use Element Review committee as adopted by the City Council including:
Chapter 21.95 (Hillside Development Regulations) of the Carlsbad Municipal Code.
If a condi-tion 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 Sectio:n 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 conditions upon the approval of an extension of
a tentative subdivision map between Kel-Cal
and the City of Carlsbad, dated September 8 , 1987 , 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 failure to perform said
agreement or the conditions of the 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
Carlsbad City Council held on the 1st day of September , 1987 by
the following vote, to wit:
AYES:
NOES: None
Council Members Kulchin, Pettine, Mamaux and Larson
ABSENT:
ATTEST:
Council Member Lewis
(SEAL)