HomeMy WebLinkAbout1996-04-09; City Council; Resolution 96-1231
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RESOLUTION NO. 96-123
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, GRANTING A REQUEST FOR A ONE YEAR EXTENSION
OF TIME FOR TENTATIVE MAP NO. CT 91-1 2; MARINER’S POINT
WHEREAS, the City Council of the City of Carlsbad on March 15, 1994, ac
Resolution No.94-83 approving Tentative Map No. CT 9 1-1 2; and
WHEREAS, Tentative Map CT 9 1-1 2 would now expire March 1 6, 1996; and
WHEREAS, the applicant has been diligently pursuing those acts necessary to
a final map, and
WHEREAS, the project can be found to be in conformance with the Genera
current City ordinances and current City policies with the imposition of additior
revised conditions; and
WHEREAS, the applicant has consented to the imposition of such conditions a
agreed to comply with them; and
WHEREAS, both the applicant and the City wish to extend the map subject
relying upon the additional and revised conditions of approval.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ca
California, as follows:
1. That the above recitations are true and correct.
2. That with the conditions of approval now existing, added and revised, as COI
herein by reference, the design and improvements of the subdivision are consistent VI
General Plan, Titles 20 and 21 of the City of Carlsbad Municipal Code, and any public
or development policies in existence at this time.
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3. That Tentative Map CT 91 -1 2 is hereby extended for one year until Mar
1997 subject to all of the conditions contained in City Council Resolution No.
previously adopted on March 15, 1994, and Planning Commission Resolution No.
previously adopted on November 17, 1993, and the following findings, and, additiot
revised condition(s):
FINDINGS:
1, The City Council finds that:
a.) the project is a subsequent development project as defined in Section
21083.3 and 15182 of the California Environmental Quality Act
(CEQA);
b.) the project is consistent with the Zone 20 Specific Plan (SP 203);
c.) there was a Final EIR (EIR 90-03) certified in connection with the Zone
20 Specific Plan;
d.) the project has no new significant environmental effect not analyzed as
significant in the prior Final EIR;
e.) none of the circumstances requiring a Subsequent or Supplemental EIR
under CEQA (Guidelines Sections 1 5 1 62 or 1 5 1 63 exist; and
f.) all feasible mitigation measures or project alternatives identified in the
previous EIR which are appropriate to this Subsequent project have
been incorporated into this Subsequent Project.
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DELETED CONDITION:
Deleted Condition No. 88:
Condition of Approval No. 88 of Planning Commission Resolution No. 3556 is
deleted.
REVISED CONDITION:
Revised Condition No. 99:
The developer shall comply with the City's requirements of the National PC
Discharge Elimination System (NPDESI permit. The developer shall provid
management practices as referenced in the "California Storm Water Best Manas
Practices Handbook" to reduce surface pollutants to an acceptable level F
discharge to sensitive areas. Plans for such improvements shall be approved
City Engineer. Said Plans shall include, but not be limited to the following, whic
be included in the project's CC&R's:
1 . All homeowners, tenants and Homeowner's Association(s) shall coordinate
to establish or work with established disposal programs to remove and p
dispose of toxic and hazardous waste products.
2. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, anti
solvents, paints, paint thinners, wood preservatives, and other such fluids s
be discharged into any street, public or private, or into storm drain or storn
conveyance systems. Use and disposal of pesticides, fungicides, her1
insecticides, fertilizers and other such chemical treatments shall meet F
State, County, and City requirements as prescribed in their respective con.
3. Best Management Practices shall be used to eliminate or reduce surface PO
when planning any changes to the landscaping and surface improvement:
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ADDITIONAL CONDITION:
A. Prior to final map, the proposed grading located along the north and west 1
lines shall be revised. This revision shall consist of Mariner’s Point grading I
site and off-site to join the grading on the adjacent projects (Sambi and C
Sol) at the existing grade elevations. This revision shall be reflected on tt
tentative map and the mylar substantial conformance exhibit.
4. That the Agreement for Waiver of Prohibition Against the Imposition of Conditio
the approval of an extension of a tentative subdivision map between Brar
California, Inc. a California Corporation and the City Of Carlsbad signed by Bra1
California, Inc. a California Corporation on February 8, 1996 on file in the Office oi
Clerk is approved and the Mayor is authorized to execute said agreement on I
the City.
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5. That this extension is approved in reliance upon said agreement and the existing,
and added conditions of approval. Any legal challenge to or failure to perf(
conditions of this and the above resolutions shall render this approval void and t
shall not final.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
held onthe 9th day of APRIL , 1996 by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk (SEAL)