HomeMy WebLinkAbout1993-08-10; City Council; Resolution 93-233..* I! e e
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RESOLUTION NO. 93-233
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 85-1O/PUD 81 RICE PROPERTY
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WHEREAS, the City Council of the City of Carlsbad on, July 8, 1986, Adopted R
No. 8661 approving with conditions Tentative Map No. CT 85-1 O/PUD 81 ; and
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7 WHEREAS, Tentative Map No. CT 85-1O/PUD 81 was tolled until the adoptil 11 Citywide Facilities District No. 1; and 8
9 !I WHEREAS, the Citywide Facilities District was finalized on June 13, 1991 ,and
lo I/ WHEREAS, Tentative Map No. Ct 85-1 O/PUD 81 would have expired as of Junc
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WHEREAS, the applicant is diligently pursuing those acts required to obtain a 12
and
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WHEREAS, the applicant has consented to the imposition of such condition! 16
City ordinances and current City policies with the imposition of additional conditions; 15
WHEREAS, the project can be found to be in conformance with the General PI2 14
and
I'7 agreed to comply with them; and
18 WHEREAS, both the applicant and the City wish to extend the map subject to a
19 11 1 upon the additional conditions.
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21 I! NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
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I California as follows:
1. That the above recitations are true and correct.
24 2. That with additional conditions contained herein the design and improI
25 the subdivision are consistent with the General Plan, Titles 20 and 21 oi
26 and any public facility or development policies in existence at this tim
27 3. That Tentative Map No. Ct 85-1O/PUD 81 is hereby extended for on€
28 June 13, 1994 subject to all of the original conditions of approv;
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following additional conditions:
A. The applicant shall defend, indemnify and hold harmless the (
agents, officers, and employees from any claim, action or F
against the City or its agents, officers, or employees to attack,
void or null an approval of the City, the Planning Commissi
Engineer which has been brought against the City within the t
provided for by Section 66499.37 of the Subdivision Map Act.
B. The applicant shall comply with the City’s requirements of th
Pollutant Discharge Elimination System (NPDES) permit. Thc
shall provide best management practices to reduce surface pc
an acceptable level prior to discharge to sensitive areas. Plar
improvements shall be approved by the City Engineer prior to i
the final map, issuance of grading or building permit, whiche
first.
C. The applicant shall pay an inclusionary housing impact fee rl
Chapter 21.85 of the Carlsbad Municipal Code prior to the i:
building permits.
D. An irrevocable offer of dedication shall be made to the City oi
Open Space District or other similar entity designated by t
Carlsbad, for a perpetual easement over, upon and across 1
trails that are a part of the Carlsbad Trail System. If prior to recl
the Final Map, the City of Carlsbad adopts the financing m
necessary to implement the Carlsbad Trail System, the trail
constructed by the applicant, pursuant to the Open S
Conservation Resource Management Plan, and dedicated to
Carlsbad. If the City of Carlsbad accepts dedication of the trail
the City shall assume responsibility, maintenance and liability fc
E. All pubic improvements shall conform to current City Standard
F. Prior to final map approval, the applicantldeveloper shall be re
to consult with the U.S. Fish and Wildlife Service regarding the
the project on the Coastal California Gnatcatcher and (2) be i
permits, as required 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 bei
Enterprizes and the City of Carlsbad signed by Maurice M. Rice on Ju
on file in the office of the City Clerk is approved, and the Mayor is au
execute said agreement on behalf of the City. That this extension is a
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reliance upon said agreement. Any legal challenge to or failure to pe
agreement or the conditions of this resolution shall render this approvz
the map shall not be final.
3 11 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Ci
4 11 held on the 10th day Of AUGUST , 1993 by the following vote, to wit:
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AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES: None
ABSENT: None
ATTEST:
d-Q&L x!
ALETHA L. RAUTEN
(SEAL)
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