HomeMy WebLinkAbout1993-05-04; City Council; Resolution 93-127I( ID 0
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RESOLUTION NO. 93-127
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA APPROVING AN EXTENSION OF TIME FORTENTATIVE MAP NO.
CT 90-09/AVIARA PLANNING AREA 5
WHEREAS, the City Council of the City of Carlsbad on, December 4, 1990, i
Resolution No. 90-416 approving with conditions Tentative Map No. CT 90-09; and
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WHEREAS, Tentative Map No. CT 90-09 would have expired as of December 1
and
WHEREAS, the applicant is diligently pursuing those acts required to obtair
10 map; and
11 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 14
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current City ordinances and current City policies with the imposition of additional cor
agreed to comply with them; and
16 WHEREAS, both the applicant and the City wish to extend the map subjeci
I-7 I/ relying upon the additional conditions.
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NOW, THEREFORE BE IT RESOLVED by the City Council of the City of C
California as follows:
1. That the above recitations are true and correct.
2. That with additional conditions contained herein the design and impro'
of the subdivision are consistent with the General Plan, Titles 20 and 21 of the City of (
Municipal Code, and any public facility or development policies in existence at this 1
3. That Tentative Map No. CT 90-09 is hereby extended for one yl
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December 4, 1993, subject to all of the conditions contained in Council Resolution Nc
adopted on December 4, 1990 and the following additional conditions:
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A. The applicant shall defend, indemnify and hold harmless the City
agents, officers, and employees from any claim, action or proceeding
the City or its agents, officers, or employees to attack, set aside, void 01
approval of the City, the Planning Commission or City Engineer which h8
brought against the City within the time period provided by Section 61
of the Subdivision Map Act.
B. The applicant shall comply with the requirements of the National F
Discharge Elimination Systems (NPDES) permit. The applicant shall
best management practices to reduce surface pollutants to an acceptal
prior to discharge to sensitive areas. Plans for such improvements :
approved by the City Engineer prior to approval of the final map, issL
grading or building permit, whichever occurs first.
C. The applicant shall pay the current local drainage area fee prior to apy
the final map for this project or shall construct drainage sysl
conformance with Master Drainage Plan and City of Carlsbad Stanc
required by the City Engineer.
D. Prior to final map approval the applicant shall pay all current fees and (
required.
E. Prior to recordation of the final map, the project applicant or their succ
interest shall guarantee the provision of their proportional share of tl
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.
F. Prior to final map submittal the following two changes shall be mad
substantial conformance exhibit:
1. Remove from the Substantial Conformance Exhibit the aggregi
that is shown below the PCC sidewalk, on the typical street SF
ii. Show clearly on the Substantial Conformance Exhibit, the di
between lot line and phasing line boundaries.
G. The following statements shall be included in the CC&R’s:
I. No structure, fence, wall, tree shrub, sign or other object over 3
above the street level may be placed or permitted to encroach v
area identified as a sight distance corridor on the final m:
underlaying property owner shall maintain this condition.
ii. An ongoing program to remove dirt, litter, and other debris
surface of private streets and common recreational areas by r
street sweeping and other means shall be established and en
111. The homeowner’s association shall coordinate the use of tl
established program to assit residents with the removal ani
disposal of toxic and hazardous waste products.
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iv. Toxic chemicals or hydrocarbon compounds such as gasolint
oil, antifreeze, solvents, paints, paint thinners, wood preservati
other such fluids shall not be discharged into any street, p
private, or into storm drain or storm water conveyance systen
and disposal of pesticides, fungicides, herbicides, insecticides, B
and other such chemical treatments shall meet federal, state!
and city requirements as prescribed in their respective contain
H. Prior to any construction that includes clearing, grading or excaval
results in soil disturbance of five acres or more, the property owner st
Notice of Intention (NOI) with the California State Water Quality Contrc
(CSWQCB) and pay the appropriate fee for a storm water permit.
I. Prior to issuance of a building permit for any buildable lot within the sub
the property owner shall pay a one-time special development tax in acc
with City Council Resolution No. 91-39.
11 4. That the Agreement for Waiver of Prohibition Against the Impo:
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Conditions upon the Approval of an Extension of a Tentative Subdivision Map betwee
the office of the City Engineer is approved, and the Mayor is authorized to exec XI
Aviara Land Company and Republic Development Company on February 25, 1993 14
Land Company and Republic Development Company and the City of Carlsbad signe
I' 11 agreement on behalf of the 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 4th day of MAY , 1993 by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard,
8 NOES: None
ABSENT: None , I; ,,. ’ + ,d ,; , 9 “,, 1 2’” ,//? /,’ , ,’,
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4-
11 -C&UDE A. LEWIS, n&or
ATTEST:
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a, 4 Qfl1LJ-
(SEAL)
ALETHA L. RAUTENKRANZ, City Clerk
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