HomeMy WebLinkAbout1993-08-10; City Council; Resolution 93-236A
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RESOLUTION NO. 93-236
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR TENTATIVE
CONDITIONS
MAP NO. CT 88-3, ARROYO LA COSTA, SUBJECT TO CERTAIN
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WHEREAS, the Planning Commission of the City of Carlsbad on June 20, 199
Resolution No. 3032; and
WHEREAS, the City Council of the City of Carlsbad on July 31,1990, adopted
No. 90-258 approving with conditions Tentative Map No. CT 88-3; and
WHEREAS, the applicant is diligently pursuing those acts required to obtain E
and
12 I/ WHEREAS, the project can be found to be in conformance with the General PI
13 /I City ordinances, and current City policies with the imposition of additional condition:
I,4 i i WHEREAS, the applicant has consented to the imposition of such conditior
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agreed to comply with them; and
with CEQA and the environmental policies and ordinances of the City; and 18
associated with the development of this project (CT 88-3) and certified EIR 86-2 as to c 17'
WHEREAS, the City Council previously considered the potential environmeni
19 WHEREAS, both the applicant and the City wish to extend the map subject to :
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upon the additional conditions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
22 11 California, as follows:
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1. That the above recitations are true and correct.
2. That with additional conditions contained herein, the design and improvemi
26 I1 subdivision are consistent with the General Plan, Titles 20 and 21 of the City of
27 I1 Municipal Code, and any public facility or development policies in existence at this ti
28 /I I 3. That Tentative Map No. CT 88-3 is hereby extended for one year until July
EXHlB
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subject to all of the conditions contained in Planning Commission Resolution No. 3032
Council Resolution No. 90-258 previously adopted on June 30, 1990, and July ~
respectively, as the conditions of approval for this project and attached hereto and the
revised/additional conditions:
Revised Conditions of Plannina Commission Resolution No. 3032
10. This project is also approved under the express condition that the app
the Public Facilities Fee adopted by the City Council on July 2, 19E
amended from time to time, and any development fees established b
Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code
ordinance adopted to implement a growth management system of fac
improvement plan and to fulfill the subdivider’s agreement to pay t
Facilities Fee dated June 4, 1993, a copy of which is on file with the
and is incorporated by this reference. If the fees are not paid, this appli
not be consistent with the General Plan and approval for this project wi
80d. El Camino Real shall be improved to a half-street width of 63 feet from (
Road to Levante Street, with the following exception:
South of the intersections with Calle Barcelona and Levante
Camino Real shall be modified to include a 1 foot widening of
northbound lane/bicycle lane by relocating the curbline easteri
decreasing the parkway area by 1 foot for a transitional distar
satisfaction of the City Engineer.
Additional Conditions
A. The applicant shall defend, indemnify and hold harmless the City and i
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 by Section 66499
Subdivision Map Act.
B. The applicant shall comply with the requirements of the National
Discharge Elimination System (NPDES) permit. The applicant shall prc
management practices to reduce surface pollutants to an acceptable I
to discharge to sensitive areas. Plans for such improvements shall be
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by the City Engineer prior to approval of the final map, issuance of
building permit, whichever occurs first.
C. The following statements shall be included in the CC&R's:
i. An ongoing program to remove dirt, litter, and other debri:
surface of private streets and common recreational areas by
street sweeping and other means shall be established and eni
ii. The homeowner's association shall coordinate the use of
established program to assist residents with the removal a
disposal of toxic and hazardous waste products.
iii. Toxic chemicals or hydrocarbon compounds such as gasoline
antifreeze, solvents, paints, paint thinners, wood preservatives such fluids shall not be discharged into any street, public or priv storm drain or storm water conveyance systems. Use and ( pesticides, fungicides, herbicides, insecticides, fertilizers and chemical treatments shall meet Federal, State, County requirements as prescribed in their respective containers.
iv. Best Management Practices shall be used to eliminate or redL pollutants when planning any changes to the landscaping a improvements.
D. Prior to any construction that includes clearing, grading or excavation in soil disturbance of five acres or more, the property owner shall file
Intention (NOI) with the California State Water Quality Control Board ( and pay the appropriate fee for a storm water permit.
E. Prior to final map approval, the applicant shall pay all current fees ar required.
F. The following note shall be placed on the Final Map. "Prior to iss building permit for any buildable lot within the subdivision, the prop shall pay a one-time special development tax in accordance with the C Resolution No. 91 -39'.
G. The subdivider shall provide for sight distance corridors at all street in in accordance with Engineering Standards and shall record in the ( statement: "No structure, fence, wall, tree, shrub, sign, or other objc inches above the street level may be placed or permitted to encroacl
area identified as a sight distance corridor on the final map. The property owner shall maintain this condition".
H. Prior to issuance of a grading permit which would impact any sensitive the applicant/developer shall be required:
i. To consult with the U.S. Fish &Wildlife Service (FWS) regarding
of the project on the Coastal California Gnatcatcher, and;
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ii. Be issued any permits required by the FWS.
4. That the Agreement for Waiver of Prohibition Against the Imposition of C
upon the Approval of an Extension of a Tentative Subdivision Map between Fieldstone
and the City of Carlsbad signed by Fieldstone La Costa, June 4, 1993, on file in the of
City Clerk is approved, and the Mayor is authorized to execute said agreement on bel
City. That this extension is approved in reliance upon said agreement. Any legal che
or failure to perform said agreement or the conditions of this resolution shall render this
void and the map shall not be final.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Cii
held on the 10th day of AUGUST , 1993 by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES: None
ABSENT: None
ATTEST:
- 1&.oQ- ALETHA L. RAUTENKRANZ, City Clerk , (SEAL)
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