HomeMy WebLinkAbout1993-03-02; City Council; Resolution 93-42!/
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I RESOLUTION NO, 9 3 - 4 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING AN EXTENSION OF TIME
SUBJECT TO CERTAIN CONDITIONS. I FOR TENTATIVE MAP NO. CT 90-1 O/AVIARA PLANNING AREA 9
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6 ll WHEREAS, the City Council of the City of Carlsbad on, December 4, 1990, I
7 Resolution No. 90-41 7 approving with conditions Tentative Map No. CT 90-1 0; and
a WHEREAS, Tentative Map No. CT 90-1 0 would have expired as of December d
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WHEREAS, the applicant is diligently pursuing those acts required to obtair
12 WHEREAS, the project can be found to be in conformance with the Gener
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WHEREAS, the applicant has consented to the imposition of such conditions 2 15
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current City ordinances and current City policies with the imposition of additional con
agreed to comply with them; and
It? /I WHEREAS, both the applicant and the City wish to extend the map subject
relying upon the additional conditions.
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20 il NOW, THEREFORE BE IT RESOLVED by the City Council of the City of C:
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22 1. That the above recitations are true and correct.
23 2. That with additional conditions contained herein the design and improvl
24 of the subdivision are consistent with the General Plan, Titles 20 and 21 of the City of C
25 Municipal Code, and any public facility or development policies in existence at this tir
26 3. That Tentative Map No. CT 90-10 is hereby extended for one ye;
2'7 December 4, 1993, subject to all of the conditions contained in Exhibit 2 previously a
28 on December 4, 1990 as the conditions of approval for this project and attached here
California as follows:
1) EXHIBI'
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I /j the following additional conditions:
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A. The applicant shall defend, indemnify and hold harmless the City i
agents, officers, and employees from any claim, action or proceeding i
the City or its agents, officers, or employees to attack, set aside, void or
approval of the City, the Planning Commission or City Engineer which ha
brought against the City within the time period provided by Section 66
of the Subdivision Map Act.
B. The applicant shall comply with the requirements of the National PC
Discharge Elimination Systems (NPDES) permit. The applicant shall I
best management practices to reduce surface pollutants to an acceptab
prior to discharge to sensitive areas. Plans for such improvements s
approved by the City Engineer prior to approval of the final map, issu:
grading or building permit, whichever occurs first.
C. No grading shall occur outside the limits of the project unless a grac
slope easement is obtained from the owners of the affected properties
applicant is unable to obtain the grading or slope easement, no grading
will be issued. In that case the applicant must either amend the tentath
or change the slope so grading will not occur outside the project si
manner which substantially conforms to the approved tentative IT
determined by the City Engineer and Planning Director.
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D. The entire potable water system, reclaimed water system and sewer
shall be evaluated in detail to insure that adequate capacity, pressure a1
demands are met.
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E. The Developer shall be responsible for all fees, deposits and charges wt
be collected at time of issuance of the building permit. The San Diego
Water Authority capacity charge will be collected at issuance of applica
meter installation.
19 11 F. Sequentially, the Developer’s Engineer shall do the following:
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i. Meet the City Fire Marshall and establish the fire prc
requirements.
ii. Prepare colored reclaimed water use area map and submit
Planning Department for processing and approval.
iii. Schedule a meeting with the District Engineer for review, commc
approval of the preliminary system layout usage (G.P.M. - E.D.I
for potable, reclaimed and sewer systems prior to the prepar;
improvement plans.
G. This project is approved upon the expressed condition that building per1
not be issued for development of the subject property unless the water
serving the development determines that adequate water service anc
facilities are available at the time of application for such water service anc
permits will continue to be available until time of occupancy. This note !
placed on the final map.
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H. Prior to recordation of the final map, the project applicant or their succ
interest shall guarantee the provision of their proportional share of ti
total obligation for very low, low and moderate income housing I
specified in the approved Aviara Master Plan Agreement for Inch
Housing in place at the time of final map recordation.
1. All onsite publically dedicated storm drain easements for the purpose t
sewer and/or storm drain utility lines shall be quitclaimed. All onsite sto
and sewer utility lines shall be private. A private sewer easement
dedicated for the sewer line coming from the Four Seasons Hote
General Utility and Access Easement over Finch Lane. Additionally, b
easement shall be dedicated to the Four Season Hotel to storm drz
carrying flows from the adjacent property to the northwest.
J. Prior to final map approval the applicant shall pay all current fees and c
required.
4. That the Agreement for Waiver of Prohibition Against the lmpos
Conditions upon the Approval of an Extension of aTentative Subdivision Map between
9, a California Limited Partnership and the City of Carlsbad on file in the office of 1
Engineer is approved, and the Mayor is authorized to execute said agreement on beha
City.
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5. That this extension is approved in reliance upon said agreement. Ar
challenge to or failure to perform said agreement or the conditions of this resolutic
render this approval void and the map shall not be final.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
held on the 2nd day of MARCH , 1993 by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Finnila
NOES: None
ABSENT: Council Member Nygaard
ATTEST:
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aQfxL 1. Q-
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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