HomeMy WebLinkAbout1993-04-20; City Council; Resolution 93-71I 0 0
1 RESOLUTION NO. 9 3 - 7 1
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA APPROVING AN EXTENSION OF TIME FOR TENTATIVE MAP NO.
I CT 90-05/AVIARA PLANNING AREA 7
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WHEREAS, the City Council of the City of Carlsbad on, March 19, 1991 , ac
Resolution No. 91-83 approving with conditions Tentative Map No. CT 90-05; and
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WHEREAS, Tentative Map No. CT 90-05 would have expired as of March 19,199
WHEREAS, the applicant is diligently pursuing those acts required to obtain
map; and 9
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WHEREAS, the project can be found to be in conformance with the Genera
current City ordinances and current City policies with the imposition of additional conc
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relying upon the additional conditions. l6
WHEREAS, both the applicant and the City wish to extend the map subject 15
agreed to comply with them; and 14
WHEREAS, the applicant has consented to the imposition of such conditions a
California as follows:
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Ca
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26 on March 19, 1991 and the following additional conditions:
27 A. The applicant shall defend, indemnify and hold harmless the City
agents, officers, and employees from any claim, action or proceeding
28 the City or its agents, officers, or employees to attack, set aside, void 01
1. That the above recitations are true and correct.
2. That with additional conditions contained herein the design and improv,
of the subdivision are consistent with the General Plan, Titles 20 and 21 of the City of C
Municipal Code, and any public facility or development policies in existence at this til
3. That Tentative Map No. CT 90-05 is hereby extended for one year unti
19, 1994, subject to all of the conditions contained in Council Resolution No. 91 -83 8
EXHIE
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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.
6. The applicant shall comply with the requirements of the National PC
Discharge Elimination Systems (NPDES) permit. The applicant shall F
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, issuz
grading or building permit, whichever occurs first.
C. The applicant shall pay the current local drainage area fee prior to appl
the final map for this project or shall construct drainage systc
conformance with Master Drainage Plan and City of Carlsbad Stand:
required by the City Engineer.
D. Prior to final map approval the applicant shall pay all current fees and dt
required.
E. Prior to recordation of the final map, the project applicant or their succe
interest shall guarantee the provision of their proportional share of tht
total obligation for very low, low and moderate income housing UI
specified in the approved Aviara Master Plan Agreement for Inclu:
Housing in place at the time of final map recordation.
F. The following statements shall be included in the CC&R’s:
i. No structure, fence, wall, tree shrub, sign or other object over 30
above the street level may be placed or permitted to encroach wil
area identified as a sight distance corridor on the final map
underlaying property owner shall maintain this condition.
ii. An ongoing program to remove dirt, litter, and other debris frl
surface of private streets and common recreational areas by mt
street sweeping and other means shall be established and enfo
iii. The homeowner’s association shall coordinate the use of the
established program to assit residents with the removal and
disposal of toxic and hazardous waste products.
iv. Toxic chemicals or hydrocarbon compounds such as gasoline,
oil, antifreeze, solvents, paints, paint thinners, wood preservativ
other such fluids shall not be discharged into any street, pu
private, or into storm drain or storm water conveyance system!
and disposal of pesticides, fungicides, herbicides, insecticides, fe
and other such chemical treatments shall meet federal, state,
and city requirements as prescribed in their respective containe
V. Best Management Practices shall be used to eliminate or reduce I
pollutants when planning any changes to the landscaping and I
improvements.
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G. Prior to any construction that includes clearing, grading or excavatic
results in soil disturbance of five acres or more, the property owner SI
a Notice of Intention (NOI) with the California State Water Quality (
Board (CSWQCB) and pay the appropriate fee for a storm water per1
4 11 4. That the Agreement for Waiver of Prohibition Against the lmposi
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Conditions upon the Approval of an Extension of a Tentative Subdivision Map betwe
Realty Inc. and the City of Carlsbad signed by the SBS Realty Inc. on March 1 1 d 1 !
file in the office of the City Engineer is approved, and the Mayor is authorized to e
said agreement on behalf of the City.
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10 5. That this extension is approved in reliance upon said agreement. Ar
11 challenge to or failure to perform said agreement or the conditions of this resolutic
12 render this approval void and the map shall not be final.
13 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsb;
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AYES: Council Members Lewis, Stanton, Kulchin 15
Council held on the 70th day of APRIL , 1 993 by the following vote,
I.6 II NOES: None
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ABSENT: Council
2o I/ ATTEST:
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rL!H+RitENK-b (SEAL) 23 24
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