HomeMy WebLinkAbout1983-08-02; City Council; Resolution 7308-
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RESOLUTION NO. 7308
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR CONDOMINIUM PERMIT 36-A SUBJECT TO
CERTAIN CONDITIONS.
WHEREAS, Section 66473.5 of the Subdivision Map Act
provides that a tentative subdivision map may not be approved
unless it is consistent with all applicable general and specific
Dlans; and
WHEREAS, the City Council of the City of Carlsbad on the
1st day of December, 1981, adopted Resolution No. 6738 approving,
dith conditions, Condominium Permit 36-A; and
WHEREAS, Condominium Permit 36-A is now inconsistent with
;he General Plan of the City of Carlsbad because the City Council
ias found that public facilities are inadequate; and
WHEREAS, said Condominium Permit 36-A having expired on
lune 1, 1983, and the Applicant has requested an extension of time
vhich cannot be approved unless the project can be brought into
:onformity with the General Plan; and
WHEREAS, the addition of certain conditions of approval
;o the project will allow it to be found to be in conformity with
;he General Plan and the Developer has requested the imposition of
;uch conditions and agreed to comply with them; and
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WHEREAS, the approval of an extension of Condominium
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Permit 36-A, subject to such conditions, in lieu of denial of the
map, will allow the project to go forward avoiding the unnecessary
delay to the City and to the Developer involved with denial and
the new application which would then be approved subject to the
same set of conditions; and
WHEREAS, both the Developer and the City wish to extend
the map subject to the additional condition;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
A. That the above recitations are true and correct;
B. That Condominium Permit 36-A is hereby extended until
June 1, 1984, subject to the execution and fulfillment of all the
conditions of Resolution No. 6738 and the following additional
condition:
(1) This approval is expressly conditioned on the
payment by the applicant of a public facilities fee
as required by City Council Policy No. 17, dated
February 24, 1982 and effective April 2, 1982, on
file with the City Clerk and incorporated herein by
reference, and according to the agreement executed
by the applicant for payment of said fee. If said
fee is not paid as promised, this application will
not be consistent with the General Plan and the
project cannot proceed and this approval shall be
void.
C. That the agreement for waiver of prohibition against
the imposition of conditions upon the approval of an extension of
a Condominium Permit, dated June 8, 1983, between the Developer
and the City of Carlsbad, on file in the office of the City Clerk,
is approved and the Mayor is authorized to execute such agreement
on behalf of the City.
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agreement. Any legal challenge to or failure to perform said
agreement or the conditions of this resolution shall render this
D. That this extension is approved in reliance upon said
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
city Council of the City of Carlsbad, California, held on the - 2nd
day of August 1983, by the following vote, to wit:
AYES:
NOES: None
Council Mmbsrs Casler, Lewis, Kulchjn, Chick and Prescott
ABSENT: None
,f - MARY H. ,&ASLER, Mayor
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