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HomeMy WebLinkAbout1993-08-10; City Council; Resolution 93-229I1 m 0 L 1 2 3 4 5 RESOLUTION NO. 9 3 - 2 2 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN EXTENSION OF TIME SUBJECT TO CERTAIN CONDITIONS. FOR TENTATIVE MAP NO. CT 85-21/LCDP 85-3/PARK VIEW EAST ~ WHEREAS, the City Council of the City of Carlsbad on, June 3,1986, Adopted 6 Permit (LCDP) 85-3; and 7 No. 8593 approving with conditions Tentative Map No. CT 85-21 and La Costa De 8 WHEREAS, Tentative Map No. CT 85-21/LCDP 85-3 was tolled until the adop 9 10 11 12 13 14 15 16 17 Citywide Facilities District No. 1 ,and WHEREAS, the Citywide Facilities District was finalized on June 13, 1991 ,and WHEREAS, Tentative Map No. Ct 85-21/LCDP 85-3 would have expired as a 1993, and WHEREAS, the applicant is diligently pursuing those acts required to obtain a and WHEREAS, the project can be found to be in conformance with the General PI: City ordinances and current City policies with the imposition of additional conditions: I.8 ~ WHEREAS, the applicant has consented to the imposition of such condition: 19 agreed to comply with them; and 20 WHEREAS, both the applicant and the City wish to extend the map subject to 2 21 22 upon the additional conditions. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of 23 /j California as follows: 24 11 1. That the above recitations are true and correct. 25 I/ 2. That with additional conditions contained herein the design and improv 26 1 the subdivision are consistent with the General Plan, Titles 20 and 21 of this code, and i 27 I 28 facility or development policies in existence at this time. k 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e a 3. That Tentative Map No. Ct 85-21lLCDP 85-3 is hereby extended for one June 13, 1994 subject to all of the original conditions approval and the following conditions: A. The applicant shall defend, indemnify and hold harmless the City and officers, and employees from any claim, action or proceeding against 1 its agents, officers, or employees to attack, set aside, void or null an a the City, the Planning Commission or City Engineer which has bee against the City within the time period provided for by Section 6649: Subdivision Map Act. B. The applicant shall comply with the City's requirements of the Nationa Discharge Elimination System (NPDES) permit. The applicant shall pr, management practices to reduce surface pollutants to an acceptable to discharge to sensitive areas. Plans for such improvements shall be by the City Engineer prior to approval of the final map, issuance of ! building permit, whichever occurs first. C. Prior to the issuance of building permits for this project, the Applicanl an inclusionary housing impact fee, as required By Chapter 21.85 of tht Municipal Code. D. Prior to final map approval, the applicantideveloper shall be requir consult with the U.S. Fish and Wildlife Service regarding the impact of 1 on the Coastal California Gnatcatcher and (2) be issued any permits, a by the U.S. Fish and Wildlife Service. 4. That the Agreement for Waiver of Prohibition Against the Imposition of ( upon the Approval of an Extension of a Tentative Subdivision Map between Development Corporation and the City of Carlsbad signed by the First International Bar 30, 1993 on file in the office of the City Clerk is approved, and the Mayor is authorized said agreement on behalf of the City. That this extension is approved in reliance up1 Ill Ill Ill Ill Ill Ill 2 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 i 1 1 21 1 22 23 24 25 26 27 28 e 0 agreement. Any legal challenge to cr failure to perform said agreement or the conditic resolution shall render this approval void and the map shall not be final. PASSED, APPROVED AND ADOPTED at a regular meeting of the Car Council held on the 10 th day of AUGUST , 1993 by the following v( AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnil: NOES: None ABSENT: None AlTEST: dlQZLB. h ALETtiA L. RAUTENKRANZ, City Clerk (SEAL) ~ 3