HomeMy WebLinkAbout1987-12-22; City Council; Resolution 93201
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RESOLUTION NO. 9320
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF
CERTAIN CONDITIONS. TIME FOR TENTATIVE MAP NO. 85-13 SUBJECT TO
WHEREAS, Section 66473.5 of the Subdivision Map Act provides that a
tentative subdivision map may not be approved unless it is consistent with all
appl i cab1 e general and speci f i c pl ans ; and
WHEREAS, the Planning Commission of the City of Carlsbad on the 28 day of
August 1985, adopted Resolution No. 2474 approving, with conditions, Tentative
Map CT 85-13; and
WHEREAS, Tentative Map CT 85-13 is not inconsistent with the General Plan
of the City of Carlsbad because the City Council has found that the public
facilities are inadequate; and
WHEREAS, said Tentative Subdivision Map will expire on the 3rd day of
November 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 to be in conformity with the General Plan and the
Developer has requested the imposition of such conditions and agreed to comply
with them;
WHEREAS, the approval of an extension of Tentative Map CT 85-13 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 condition;
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(1) This approval is expressly conditioned on the payment by thi Applicant of Public Facilities Fee as required by City Council Policy No. 17, dated February 24, 1982, and the 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City 01
Carlsbad, California, as follows:
A.
B. That Tentative Map CT 85-13 is hereby extended for one year fror
November 3, 1987, to November 3, 1988 subject to execution and fulfillment o-
all the conditions of Resolution No. 9320 and the f ol 1 owi ng addi ti ona'
That the above recitations are true and correct.
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.
conditions:
(3) The applicant shall comply with all provision of the Carlsbad Municipal Code Section 21.90 (Growth Management System). No residential building permits shall be issued until the applicable Growth Management Plans have been prepared to the satisfaction of the City Council.
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 A. Ruden/D. Villescaz and the City of Carlsbad, dated December 27 ,
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 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 Carlsbad City
iuncil held on the 22nd day of December ,1987 by the following vote, to
it:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
TTEST:
Lzf&z%kJC-
LETHA L. MUTENKRANZ, City Clhk
SEA!-)
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