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HomeMy WebLinkAbout1977-08-04; City Council; Resolution 5145RESOLUTION NO. 5145 8 9 10 11 2 3 4 5 6 7 Commission adopted Resolution No. 1314 recommending to the City Council that Tentative Map (CT 76-12) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad on July 5, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE MAP (CT 76-12) FOR A 142-LOT SUBDIVISION ON PROPERTY GENERALLY LOCATED EAST OF EL CAMINO REAL NORTH OF THE EASTERLY EXTENSION OF TAMARACK AVENUE. APPLICANT: ROBERT C. LADWIG (AGENT) . 19 20 21 22 23 24 25 WHEREAS, on January 26, 1977 the Carlsbad City Planning 1 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. 1314 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. 12 a 1977 considered the recommendations of the Planning Commission; and WHEREAS, an Environmental Impact Report was certified as complete for a previously issued entitlement for this project and the Planning Director has found the tentative map (CT 76-12) to be in prior compliance with the City of Carlsbad Environmental Protection Ordinance of 1972; NOW, THEREFORE, BE IT RESOLVED by the City Council of the 26 The City Council finds that sewer service is not available for this development as of the date of this approval. However, I 1 2 3 4 5 6 7 8 9 10 11 12 13 01~ us 14 eZzg J 15 skgc; 16 gghlmQ zp y >$ LT 17 a - c 18 19 20 21 0 a .d E 5$ no=$ z 3a Luu 0 0 22 23 24 25 26 27 28 will, by inclusion of an appropriate condition to this Tentative Subdivision Map approval, insure that the final nap 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 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 con- ditions of this resolution, is consistent with all applicable general and specific plans of the City of Carlsbad. D. That Tentative Map (CT 76-12) is hereby approved subject to all applicable requirements of the Carlsbad Municipal Code and to the satisfaction of the following conditions: 1. 2. 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 G, dated December 17, 1976, on file in the Planning Department and incorporated by reference herein. The location of all roadways, parking areas, land- scaping and other facilities or features shall be located substantially as shown on the plot plan labeled Exhibit G, except or unless indicated otherwise herein. In order for reasonable fire protection during the construction period to be provided, the subdivider shall maintain passable vehicular access to all buildings and adequate fire hydrants with required II .. I L. 3. 4. 5. 6. 7. 8. 9. fire flows shall be installed as recommended by the Fire Department. Ornamental street lighting shall be provided for as required by Municipal Ordinance. deposit cash in the amount necessary to energize said street lights for an eighteen month period after construction, to permit the incorporation of the subdividion into a maintenance district. The developer shal All land and/or easements required shall be granted to the City of Carlsbad without cost to the City, and free of all liens and encumbrances and no easements shall be recorded prior to recordation of the final map unless approved by the City Enginee The improvement and grading plans shall include a report of a geological investigation and a complete grading plan of the entire site, when required by the City Engineer. The report and plan shall be prepared by civil engineers, licensed by the State of California and experienced in erosion control, who shall be acceptable to the City Engineer. They shall certify that they have investigated the site and prepared data with full consideration of the consequences to the included and neighboring properties and in conformance with the Geologic and Seismic Safety Element of the General Plan. Tamarack Avenue right-of-way, including slope ease- ments, shall be dedicated on the basis of an eighty- four foot street section and improved on the basis of a forty-two foot half street section, according to City of Carlsbad standards, from El Camino Real to the most northerly point of the subdivision. Work to be done on Tamarack Avenue improvements shall include channelization, residential street modification and full eighty-four foot street improvements on Tamarack from El Camino Real to the intersection of the Trieste/Sierra Morena Complex as approved by the City Engineer. Slopes adjacent to the public streets shall be 2:l maximum, and the grading plans for the project, or its supplements, shall specify the type and manner of installation and irrigation of slope planting for control of erosion on these slopes, to be approved by the Parks and Recreation Director and City Engineer. The offsite sewer is not approved as shown; it shal be extended within Tamarack Avenue to a point near the proposed culvert where the future sewer, serving the tributary area north of Tamarack Avenue, can be 3. .,.)I 1 2 3 4 5 6 7 8 9 10 11 19 20 21 22 23 24 25 26 27 2% 10. 11. 12. 13. 14. 15. 16. /// P// /// properly connected before its alignment leaves Tamarack Avenue to connect to the existing sewer in Kelly Drive. Lot 141, the future school site, if left ungraded, shall have a graded all-weather access into the lot. A revised Tentative Tract Map will be submitted to the City Engineer prior to recordation of the final map incorporating all changes required herein. The revised Tentative Tract Map will reflect the par site requirements as specified in the approved Master Plan No. 150, Condition of Approval No. 2. If, however, the approved Master Plan No. 150 is amended to reflect a new parks requirement, the required revised Tentative Tract Map will meet the provisions stipulated in that revised parks require- ment. This subdivision is approved on the express conditio 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 sub- division * This subdivision is approved upon the express con- dition that building permits will not be issued for development on the subject property unless the City Engineer determines that sewer facilities are avail- able 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. This Tentative Subdivision Map shall be subject to any further approvals as may be necessary in connect with such plan for the allocation of sewer service among competing uses as the City Council may adopt. If 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. .. .* 1 2 3 4 5 6 7 a 9 10 11 19 20 21 22 23 24 25 26 27 28 0 0 an adjourned PASSED, APPROVED AND ADOPTED at/ regular meeting of the Carlsbad City Council held on the 4th day of August , 1977 by the following vote, to wit: AYES : Councilmen Frazee, Lewis, Packard NOES : Councilman Skotnicki and Councilwoman Casler ABSENT : None ATTEST : 9 ROBERT C. FRAZEE, Ma (SEAL 5.