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HomeMy WebLinkAbout1989-02-21; City Council; Resolution 89-51e 0 1 1 2 3 4 5 6 RESOLUTION NO. 89-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR TENTATIVE MAP NO. 85-17 SUBJECT TO CERTAIN CONDITIONS. WHEREAS, Section 66473.5 of the Subdivision Map Act provides tentative subdivision map may not be approved unless it is consistent CI appl icabl e general and specific pl ans; and 7 11 WHEREAS, the City Council of the City of Carlsbad on the 12th a November, 1986, adopted Resolution No. 8873 approving, with conditions, Tc Map CT 85-17; and 9 10 11 WHEREAS, Tentative Map CT 85-17 is now inconsistent with the Genev of the City of Carlsbad because the City Council has found that pub1 ic fa( 12/! are inadequate; and 13 11 WHEREAS, said Tentative Subdivision Map will expire on November 1 14)1 and the Applicant has requested an extension of time which cannot be 15/1 unless the subdivision can be brought into conformity with the General P 16 17 18 19 2o 1 with them; and WHEREAS, the addition of certain conditions of approval to the sub will a1 low it to be found to be in conformity with the General P1 an Developer has requested the imposition of such conditions and agreed t WHEREAS, the approval of an extension of Tentative Map CT 85-17 st 21 22 23 such conditions, in lieu of denial of the map, will allow the proje forward avoiding the unnecessary delay to the City and to the Developer with denial and the new application which would then be approved subjec 24 /I same set of conditions; and 25 ' 26 27 28 WHEREAS, both the Developer and the City wish to extend the map s the additional condition; -1- I 0 0 I I1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ca 2 3 Cal i forni a, as foll ows: A. That the above recitations are true and correct. 4 5 6 B. That the Tentative Map CT 85-17, is hereby extended for 20 from November 12, 1988, to July 13, 1990, subject to the execut- fulfillment of all the conditions of Resolution No. 8873 and the fc 7 8 9 10 11 12 13 14 15 addi t i onal conditions : PLANNING CONDITIONS 1. This project shall comply with all conditions and mil required by the Zone 5 Local Facil i ties Management P1 an approved by t Council on August 4, 1987, incorporated herein and on file in the 1 Department and any future amendments to the Plan made prior to the issl building permits. 2. The applicant shall submit off-site alignment plans fol Valley Road from the project site to Cannon Road. These plans shall be i I.6 /1 by the Parks and Recreation Director prior to improvement plan submitt; l" 11 alignment of Hidden Valley Road at the northwest corner of the tentative I 18 19 20 21 22 shall be realigned to the satisfaction of the City Engineer prior to SI of improvement pl ans. 3. All P1 anned Industrial Permits associated with CT 85- be reviewed relative to consistency with the Hillside Development 0 (Chapter 21.95). Adequate structural setbacks from slopes will be the 23(1 focus of this review. 4. All proposed office buildings must be subjected 25 24 Ii 26 acoustical study to assure that interior levels do not exceed 50 Appropriate legal notice shall be provided to purchasers, leasees and re 27 (( these properti es/bui 1 dings. 28 I/ -2- 0 0 I. ENGINEERING CONDITIONS 2 3 4 5 6 1. The drainage system shall be designed to ensure that resulting from a 10-year frequency storm of a 6 hours or 24 hours duratiol developed conditions, is equal to or less than the runoff from a storm same frequency and duration under existing devel oped conditions. Both 6 h 24 hour storm durations shall be analyzed to determine the detentior 7 11 capacities necessary to accomplish the desired results. 8 9 2. The applicant shall submit a preliminary design/study intersection of Palomar Airport Road and Col 1 ege Boulevard to determ 10 11 12 ultimate right-of-way needed for additional traffic lanes required in the This design/study shall be approved by the City Engineer prior to approva- final map. The additional ultimate right-of-way shall be offered for ded 13 14 by a certificate on the final map. C. That the following conditions shall be deleted or altered as f 15 11 1. Condition No. 5 of Resolution No. 8873 shall be delett l6 I/ following condition shall be substituted: 17 18 19 I This project is also approved under the express condition that the applicant pay the public facilities fee adopted by the City Council on July 28, 1987 and as amended from time to time, and any development fees 20 21 22 23 24 25 26 27 28 establ ished by the City-Council pursuant to Chapter 21.90 of Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or facilities and improvement plan and to fulfill the subdivider’s agreement to pay the public facilities fee dated September 18, 1986, and the agreement to pay the Growth Management Fee dated September 18, 1986, 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 P1 an and approval for this project shall be void. -3- I1 e * 1 2. Condition No. 50, subsection 'A' and 'B' shall be delete1 2 I1 following conditions shall be substituted: 3 4 5 50A - Palomar Airport Road: street lights, sidewalks, median surfacing (bomanite), undergroundi ng of a1 1 uti 1 i ti es, 1 andscapi ng and irrigation. 6 3. Condition No. 73 of Resolution No. 8873 shall be delete 7 50B - College Boulevard: landscaping and irrigation. 8 following condition shall be substituted: 9 10 11 12 13 73 - The tentative map shall be amended and up-dated to reflect the approved a1 ignment and the existing improved condition of Pal omar Airport Road and Coll ege Boulevard and any changes in alignment to Hidden Valley Road prior to submittal of improvement pl ans. ~ 14 authorized to execute such agreement on behalf of the City. 18 1988, on file in the Office of the City Clerk, is approved, and the F, 17 between Huntington Beach Company and the City of Carlsbad, dated Octo 16 of conditions upon the approval of an extension of a tentative subdivis 15 D. That the Agreement for Waiver of Prohibition against the imF 19 /// 20 i /// 21 /// 22 /// /// 27 /// 26 /// 25 /// 24 /// 23 28 /// - .4- . * * I- 1 2 3 4 5 E. That this extension is approved in re1 i ance upon said agreemen legal challenge to or failure to perform said agreement or the conditions resolution shall render this approval void and the map shall not be fina PASSED, APPROVED AND ADOPTED at a regular meeting of the Carl sb; Council held on the 21Stday of February 1989 by the foll owing vote, to w 6 7 8 9 10 AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and . NOES: None ABSENT: None ATTEST : XI I! 12 13 14 15 16 17 18 19 I 1 20 21 22 wEWANZ,&i ty C1 erk N R. KUNDTZ, Deputy City Clerk 23 24 25 ' 26 27 28 11 -5- I1