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HomeMy WebLinkAbout1977-05-03; City Council; Resolution 50691 2 3 4 5 6 7 8 9 10 11 12 D 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 5069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH COZJDITIONS TENTATIVE MAP (CT 77-5) FOR A 48 UNIT, ONE LOT CONDOMINIUM SUBDIVISION, GENERALLY LOCATED ON THE SOUTH SIDE OF WALNUT AVENUE BETWEEN LINCOLN STREET AND WASHINGTON STREET. APPLICANT: PELICAN PROPERTIES, mc. WHEREAS, on March 23, 1977 the Carlsbad City Planning Commission adopted Resolution No. 1348 recommending to the City Council that Tentative Map (CT 77-5) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on April 26 1977 considered the recommendations of the Planning Commission; and WHEREAS, said Tentative Map has been declared to have a nonsignificant impact on the environment and a Negative Declaratic has been prepared and filed in compliance with the requirements of the City of Carlsbad Environmental Protection Ordinance of 1972; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: A, That the above recitations are true and correct. B. That the findings of the Planning Commission in Resolution No. 1348 constitute the findings of the City Council in this matter except as they relate to the public facilities element of the General Plan regarding the availability of sewer service. The City Council finds that sewer service is not available for this development as of the date of this approval. However, 1 3 4 5 6 7 8 9 10 11 12 D - c 18 19 20 21 22 23 24 25 26 27 28 0 sewer service may be available in the future. The City Council will, by inclusion of an appropriate condition to this Tentative Subdivision Map approval, insure that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the City Council will add a condition that a note be placed on the final map providing that building permit may not issue for lots in the subdivision unless the City Engineer determines that sewer service is available. Since the final map cannot be approved unless sewer service is available and the building cannot occur within the subdivision unless sewer service remains available, the City Council is satisfied that the requirements of the public facilities element of the General Plan have been met insofar as they apply to this Tentative Subdivision Map approval. C. That said Tentative Subdivision Map, together with the provisions for its design and improvement and subject to the conditions of this resolution, is consistent with all applicable general and specific plans of the City of Carlsbad. D. That Tentative Subdivision Map (CT 77-5) is hereby approved subject to all applicable requirements of the Carlsbad Municipal Code and to the satisfaction of the following condition: 1. 2. 3. The approval is granted for the land described in the application and any attachments thereto and as shown on the plot plan submitted labeled Exhibit A, dated February 9, 1977, on file in the Planning Department and incorporated by reference herein. Park-in-lieu fees will be required to the satisfaction of the Parks and Recreation Director prior to final map issuance. Ornamental street lighting shall be provided for as required by Municipal Ordinance. The developer shall 2. 19 20 21 22 23 24 25 26 27 28 deposit cash in the amount necessary to energize said street lights for an 18 month period after construction, to permit the incorporation of the subdivision into a maintenance district. 1 4. Half street frontage improvements based on a 30 foot half street section, shall be installed on Lincoln Street and Walnut Avenue. 5. Washington Street shall be improved to a special section along the property frontage, having a 28 foot curb to curb dimension (no parking) and a standard sidewalk. A walkway easement for the sidewalk shall be dedicated on the final map. 6. Twenty foot radius property line returns shall be dedicate on the final map at the intersection. 7. The proposed storm. drain is not specifically approved as shown, but shall be installed according to the approved improvement plans. 8. On site fire hydrants, if any, shall be provided as required by the Fire Marshal. They shall be served' by public water line extensions having an alignment and capacity approved by the Fire Marshal and City Engineer. Twelve foot water line easements shall be dedicated and construction shall be guaranteed by bond or cash deposit prior to issuance of building permits. 9. This subdivision is approved on the express condition that the final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is available to serve the subdivision. 10. This subdivision is approved upon the express condition that building permits will not be issued for development on the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such permit and will continue to be available until time of occupancy. If the City Engineer determines that sewer facilities are not available, building permits will not be issued until arrangements, satisfactory to the City Council, can be made to guarantee that all necessary sewer facilities will be available prior to occupancy. This condition shall be noted on the final map. 11, This Tentative Subdivision Map shall be subject to'any further approvals as may be necessary in connection with such plan for the allocation of sewer service among competing uses as the City Council may adopt. an allocation plan is adopted prior to final map approval the applicant shall satisfy the requirements of such plan as a further condition of this Tentative Subdivision Map approval. If 3. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 3rd day of May , 1977 by the following vote, to wit: AYES : Councilmen Frazee, Packard, Skotnicki and NOES : Councilman Lewis ABSENT: None Councilwoman Casler ROBERT C. FRAZEE, May ATTEST : 4.