HomeMy WebLinkAbout1990-11-06; City Council; Resolution 90-400B 0
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RESOLUTION NO. 90-400
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN EXTENSION OF THE TIME FOR TENTATIVE MAP
NO. 89-43 SUBJECT TO CERTAIN CONDITIONS.
WHEREAS, the City Council of the City of Carlsbad on the 26th day of Augus
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adopted Resolution No. 8778 approving, with conditions, Tentative Map CT 84-43/CP 3
WHEREAS, said Tentative Map No. CT 84-43 will have expired as of April 5, 19
(1 WHEREAS, the applicant has requested an extension of time to bring the propos
8 // map into substantial compliance with the Tentative Map; and 9
10 ll WHEREAS, the applicant has agreed to comply with all conditions deemed ap
11 I! to the request for extension of time; and
l2 /I WHEREAS, the approval of an extension of Tentative Map 84-43 subject 1
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WHEREAS, both the applicant and the City wish to extend the map subjec 16
which would then be approved subject to the same set of conditions; and 15
unnecessary delay to the City and to the applicant involved with denial and the new apy 14
conditions, in lieu of denial of the map, will allow the project to go forward avoic
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following additional conditions: I?
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the final map; and
27 4. The applicant shall show all walls and footings on the landscape plan a
28 show plan and cross-sections where large or shallow footings necessitate special pla
1. That the applicant is required to enter into an agreement to pay any drain:
established under the forthcoming Master Drainage Plan Update, and
2. That the applicant shall submit for approval a detailed landscape exhibit :
the screening of the stem walls facing Luciernaga Street and shall have said exhibit a1
prior to the approval of any building permits for the project; and
3. The applicant shall show all drainage swales and structures clearly
landscape plan and show landscaping that will not interfere with drainage, prior to apy
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1 prior to the approval of the final map; and //
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5. Prior to approval of the final map, the applicant shall modify the project
plans to the satisfaction of the City Engineer and Planning Director to
comply with current Planned Development Ordinance requirements for
covered parking spaces and for building setback to parking areas.''
5 /I WHEREAS both the applicant and the City wish to extend the map subject to the
6 II in Condition No. 4 of Exhibit A of Resolution No. 8778 to read as follows:
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I '4. 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 any development fees established by the City Council
pursuant to Chapter 21.90 of the Carlsbad Municipal Code to implemeni
the Growth Management system or public facilities phasing plan to fulfil
the subdivider's agreement to pay the public facilities fee dated July 28,
1987 a copy of which is on file with the City Clerk and is incorporated bj
this reference. If the fees are not paid this applicant will not be consisteni
with the General Pian and approval for this project shall be void.
13 I/ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of c8
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Resolution No. 8778 except as changed above and the additional conditions above. l8
1990 to February 5, 1991 subject to the execution and fulfillment of all the condi 17
B. That the Tentative Map CT 84-43, is hereby extended for 9 months from 16
A. That the above recitations are true and correct. 15
California, as follows:
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C. That the Agreement for Waiver of Prohibition against the imposition of co
upon the approval of an extension of a tentative subdivision map between Jaw' shyrki
jen Lo, Gregory D. Kasai, Cindy C. Kasai, Chiu-Lan Liu and Yoetsu Kunigawu and thc
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Carlsbad, dated March 7,1990 on file in the Office of the City Clerk, is approved, and th
is authorized to execute such agreement on behalf of the City.
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1 D. That this extension is approved in reliance upon said agreement. A
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this approval void and the map shall not be final. 3
challenge to or failure to perform said agreement or the conditions of this resolution sha
4 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
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held on the 6th day of Nmenheq 1990 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux ant
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NOES: None
ABSENT: None
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ATTEST:
12 QQzkL it!%- ALETHA L. RAUTENKRANZ, City Cler l3 (SEAL)
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