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HomeMy WebLinkAbout1992-08-04; City Council; Resolution 92-2430 0 1 2 3 4 5 6 RESOLUTION NO. 92-243 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN EXTENSION OFTIME TO CERTAIN CONDITIONS. FOR TENTATIVE MAP NO. CT 89-32, WEST PALM SUBJECT i WHEREAS, Section 66473.5 of the Subdivision Map Act provides that a tentative 7 specific plans; and 8 subdivision map may not be approved unless it is consistent with all applicable general and 9 10 11 12 13 14 15 WHEREAS, the City Council of the City of Carlsbad, on the 22nd day of May, 1990, adopted Resolution No. 90-155 approving, with conditions, Tentative Map CT 89-32; and WHEREAS, the Tentative Subdivision Map would have expired as of May 22, 1992, 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 I 16 /I it to be found in conformity with the General Plan and the Developer has agreed to the 17 18 imposition of such conditions and compliance with them; and WHEREAS, the approval of an extension of Tentative Map CT 89-32 subject to such 19 conditions, in lieu of denial of the map, will allow the project to go forward avoiding the 20 application which would then be approved subject to the same set of conditions; and 21 unnecessary delay to the City and to the Developer involved with the denial, and the new 22 WHEREAS, both the Developer and the City wish to extend the map subject to the 23 j/ additional conditions. 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Tentative Map CT 89-32, is hereby extended for one year from May 22, I1 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 1992 to May 22, 1993, subject to the execution and fulfillment of all the conditions of Resolution No. 90-1 55 and the following additional conditions: A. The applicant shall comply with the requirements of the National Pollutant Discharge Elimination Systems (NPDES) permit. The applicant shall provide best management practices to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be approved by the City Engineer prior to approval of the final map, issuance of grading or building permit, whichever occurs first. B. The applicant is aware that the City is preparing an in-lieu fee or an affordable housing impact fee program as an alternative to the inclusionary requirements stipulated in Policy 3.6b of the Housing Element. If in the development of the program, it is determined by the City Council in order to find consistency with the Housing Element of the General Plan as well as consistency with Section 66473.5 of the Government Code (Subdivision Map Act), that this project is subject to this fee and building permits have not been issued, the applicant or its successors in interest shall pay whatever reasonable in-lieu fee or affordable housing impact fee that is required and in effect at the time of issuance of building permits. If required fees are not paid, this application will not be consistent with the General Plan and approval for this project will be void. C. The applicant shall defend, indemnify and hold harmless the City and its agents, officers, and employees from any claim, action or proceeding against the City or its agents, officers, or employees to attack, set aside, void or null an approval of the City, the Planning Commission or City Engineer which has been brought against the City within the time period provided by Section 66499.37 of the Subdivision Map Act. 3. That the Agreement for Waiver of Prohibition against the Imposition of Conditions upon the approval of an extension of a tentative subdivision map between Mark J. Nolan and the City of Carlsbad, dated June 14, 1992 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. Ill Ill Ill Ill Ill 0 0 1 4. That this extension is approved in reliance upon said agreement. Any legal 2 11 challenge to or failure to perform said agreement or the conditions of this resolution shall 3 11 render this approval void and the map shall not be final. 4 5 6 7 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 4th day of August , 1992 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Stanton, Nygaard a NOES: None 9 10 11 ABSENT: Council CLAUDE A. LEWIS, Mayor 12 13 ATTEST: 141 I’ AL&dENK*J 16 17 (SEAL) 18 I 19 20 21 22 23 24 25 26 I/ 27 28