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HomeMy WebLinkAbout1990-11-13; City Council; Resolution 90-405ll e 0 // RESOLUTION NO. 9 0 - 4 0 5 1 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA, APPROVING AN EXTENSION OF CONDITIONS. TIME FOR TENTATIVE MAP NO. 85-1 7 SUBJECT TO CERTAIN 4 5 6 WHEREAS, Section 66473.5 of the Subdivision Map Act provides that a ter subdivision map may not be approved unless it is consistent with all applicable gener; 11 specific plans; and 7 WHEREAS, the City Council of the City of Carlsbad on the 12th day of Nove 1986, adopted Resolution No. 8873 approving, with conditions, Tentative Map CT 85-1: 8 9 X() I1 WHEREAS, the City Council of the City of Carlsbad on the 2nd day of February, 11 12 l7 Applicant has requested an extension of time which cannot be approved unles l6 WHEREAS, said Tentative Subdivision Map will expire on July 13, 1990, ar 15 City of Carlsbad because the City Council has found that public facilities are inadequatc 14 WHEREAS, Tentative Map CT 85-1 7 is now inconsistent with the General Plan 13 to July 13, 1990; and subdivision can be brought into conformity with the General Plan; and adopted Resolution No. 89-51 extending Tentative Map CT 85-17, for a period of 20 m l8 II WHEREAS, the addition of certain conditions of approval to the subdivision will 19 11 I it to be found in conformity with the General Plan and the Developer has requestc 20 II imposition of such conditions and agree to comply with them; and 21 22 23 WHEREAS, the approval of an extension of Tentative Map CT 85-17 subject tc conditions, in lieu of denial of the map, will allow the project to go forward avoidir 24 unnecessary delay to the City and to the Developer involved with denial and thc 25 additional conditions; 27 WHEREAS, both the Developer and the City wish to extend the map subject 26 application which would then be approved subject to the same set of conditions; and 28 I/ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsl ll 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 California, as follows: 1. That the above recitations are true and correct. 2. That Tentative Map CT 85-1 7 hereby extends for 16 months from July 13, to November 13, 1991 l subject to execution and fulfillment of all the conditions ( Resolution No. 8873, Resolution No. 89-51 and the following additional conditions: A. This approval is expressly conditioned on the payment by the Applicar Public Facilities Fee as required by City Council Policy No. 17, dated Fel: 24, 1982, and effective April 2, 1982, on file with the City Clerk incorporated herein by reference, and according to the agreement execul the Applicant for payment of said fee. If said fee is not paid as promisec application will not be consistent with the General Plan and the project c proceed and this approval shall be void. B. Condition No. 4 of Resolution No. 89-51 shall be altered as follows: All proposed office buildings must be subject to an acoustical study to E that interior levels do not exceed 50 cb"l4 dba CNEL. Appropriate notice shall be provided to purchaser, leasees and renters of properties/buildings. C. This project is subject to all fees in effect at the time of the extension. D. Prior to approval of the final map the developer shall enter into an agret with the City to pay any drainage area fees established as a result ( forthcoming Master Drainage Plan Update and the Sewer Connectiol Study. E. Prior to recordation of a final map for CT 85-17, the property owner(s) provide a financial guarantee for the construction of Palomar Airport Road This guarantee may be in the form of participation in any existing Asses! District or Mello-Roos Community Facility District formed to financ construction of the road segment, participation in a forward funding agrec as applied to the other Zone 5 property owners, or an alternate financin! acceptable to the Finance Director and City Attorney. F. A condition to provide adequate means to reduce urban pollutants drainage generated on the project. This Condition is needed to meet the of the National Pollutant Discharge Elimination System permit recently iml by the Regional Water Quality Control Board. G. Per State law governing the associated Palomar Airport Road and Cl Boulevard Assessment Districts] a segregation of the assessments 1 subject property must be applied for or the assessment must be paid off 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1’7 18 19 20 21 22 23 24 25 26 27 28 e e prior to the approval of the Final Map. The applicant shall to pay all ass! costs of said segregation. The application shall be submitted with the map. H. This time extension is approved contingent upon the provision of ac public facilities to satisfy the Public Facilities Element of the General P this time, a Mello-Roos Community Facilities District is proposed to fina construction of several Citywide facilities to serve new development, E. anticipated that the District will be formed prior to Final Map for CT 8: the Mello-Roos Community Facilities District is not formed, or if the Corn Facilities District is formed but the property owners/developers of CT 85 not participants in that District and the required General Plan cons finding cannot be made, then no discretionary approvals, Building F Grading Permits, Final Map, or development permits will be issued or ap unless an alternate financing mechanism is provided by the develp approved by the City Council to finance the facilities legally applicabk developer that would have been or are included in the Community F; District. 3. That the Agreement for Waiver of Prohibition against the imposi, conditions upon the approval of an extension of a tentative subdivision map bc Huntington Beach Company and the City of Carlsbad, dated September 17, 1990, or the Office of the City Clerk, is approved, and the Mayor is authorized to executc agreement on behalf of the City. 4. That this extension is approved in reliance upon said agreement. An challenge to or failure to perform said agreement or the conditions of this resolutiol render this approval void and the map shall not be final. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City C held on the 13th day of November1 990 by the following vote, to wit: AYES: Council Members Lewis, Larson, and Pettine NOES: None ABSTAIN: Council ABSENT: Council AKES?: &” 1 HA L. A EN ANZ, City Clerk (SEAL) KAREN KUNDTZ, Assistant City Clerk