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HomeMy WebLinkAbout1992-08-04; City Council; Resolution 92-244ll 0 W 1 2 3 RESOLUTION NO. 92-244 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN EXTENSION OF SUBJECT TO CERTAIN CONDITIONS. TIME FOR TENTATIVE MAP NO. CT 89-13, THE HAMPTONS 4 WHEREAS, Section 66473.5 of the Subdivision Map Act provides that a tentative 5 6 subdivision map may not be approved unless it is consistent with all applicable general and specific plans; and 7 8 9 10 11 WHEREAS, the City Council of the City of Carlsbad, on the 27th day of March, 1990, adopted Resolution No. 90-80 approving, with conditions, Tentative Map CT 89-1 3, including PUD 89-5, SUP 89-7 and SV 89-3; and WHEREAS, the Tentative Subdivision Map would have expired as of March 27, 1992, 12 13 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 14 WHEREAS, the addition of certain conditions of approval to the subdivision will allow 15 imposition of such conditions and compliance with them; and 16 it to be found in conformity with the General Plan and the Developer has agreed to the 17 WHEREAS, the approval of an extension of Tentative Map CT 89-13 subject to such 18 1 application which would then be approved subject to the same set of conditions; and 2o unnecessary delay to the City and to the Developer involved with the denial, and the new I’ conditions, in lieu of denial of the map, will allow the project to go forward avoiding the 21 /I WHEREAS, both the Developer and the City wish to extend the map subject to the 22 11 additional conditions. 23 24 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 25 /I California, as follows: 26 27 1. That the above recitations are true and correct. 2. That the Tentative Map CT 89-1 3, including PUD 89-5, SUP 89-7 and SV 89-3, 28 is hereby extended for one year from March 27, 1992 to March 27, 1993, subject to the 0 W 1 2 3 4 5 6 execution and fulfillment of all the conditions of Resolution No. 90-80 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. 7 8 9 10 11 12 13 14 15 16 17 i 8. The applicant is aware that the City is preparing an in-lieu fee program as an alternative to the inclusionary requirements stipulated in Policy 3.6b of the Housing Element. If in the development of the in-lieu fee 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 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. I8 II 3. That the Agreement for Waiver of Prohibition against the Imposition of 19 I Conditions upon the approval of an extension of a tentative subdivision map between Koulos 20 Construction and the City of Carlsbad, dated May 19, 1992, on file in the office of the City 21 City. 22 Clerk is approved, and the Mayor is authorized to execute such agreement on behalf of the 23 11 Ill 24 // Ill 25 (1 Ill 26 11 Ill 27 28 Ill II i I m W 1 2 3 4 5 6 7 8 9 10 11 4. 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. 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 NOES: None ABSENT: Council Me / '; 5 ks : ///y /.f+ j,s_ \$ *' d, .I, f ~ C;;LA"ODE A. IEW/IS,v Mavbr ATEST: 12 13 1 & ALETHA L. RAUTENKRANZ, City Clerk 15 16 (SEAL) 17 19 18 20 21 22 23 24 25 26 27 28