HomeMy WebLinkAbout1978-05-02; City Council; Resolution 54031
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RESOLUTION NO. 5403
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
WITH CONDITIONS TENTATIVE MAP (CT 77-14)
FOR A ONE LOT, 16 UNIT, CONDOMINIUM PROJECT TO BE DEVELOPED IN THREE PHASES ON PROPERTY GENERALLY LOCATED ON THE NORTH- WEST SIDE OF GIBRALTAR BETWEEN ROMERIA AND
SA5J MARCOS CANYON. APPLICANT: SAP'IUEL W.
PEARLMAN/MICHAEL 0 ' ETARA.
WHEREAS, on March 8, 1978, the Carlsbad City Planning
Commission adopted Resolution No. I437 recommending to the City
Council that Tentative Map (CT 77-14) be conditionally approved;
and
WHEREAS, the City Council of the City of Carlsbad on April 18,
1978 held a public hearing to consider the recommendations of the
Planning Commission and receive all recommendations and hear all
persons interested in or opposed to the approval of Tentative
Map (CT 77-14);
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 77-14)
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
City of Carlsbad as follows:
A. That. the above recitations are true and correct.
B. That: in addition to the findings made by the Planning
Commission in Resolution No. 1437, the City Council finds as
follows:
1. That pursuant to Section 65972 of the Government
Code there are specific overriding fiscal and
economic factors which,in the judgment of the
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City Counci1,would benefit the City, thereby
justifying the approval of the subdivision.
This finding is based upon the fact that the
developer has entered into agreements with the
affected School Districts to contribute financially toward meeting the school needs. The School Districts have advised the City Council that they
wish to honor these agreements and that they con-
sider this project to be exempt from their
resolutions of overcrowding. The Council is
satisfied that the developer ' s agreement to
contribute, and the School District's request for
exemption, justify the overriding findings.
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 Map (CT 77-14) is hereby approved subject
to all applicable requirements of the earlsbad Municipal Code
and to the satisfaction of the following conditions:
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Approval is granted for the land described in the
application and any attachments thereto and as shown on the Tentative Map submitted, labeled Exhibit B, dated January 26, 1978, as amended to indicate three phases instead of 3 lots, on file
in the Planning Department and incorporated by reference herein.
The project may be constructed in phases. Phase One
shall be constructed first, with either Phase Two
or Phase Three next.
A standard handicapped ramp shall be provided in the existing sidewalk across from the southeasterly
corner of Gibraltar Street and Roneria Street.
All units shall be served with independent utility
systems and be separately metered. This shall be
accomplished prior to approval of final map.
A recreation and landscape plan is to be approved by the Planning Director in consultation with the Parks and Recreation Director that includes recreational uses such as picnic tables, usable open areas and some form of active recreational facilities. This recreation and landscaping shall be fully installed prior to approval of the
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occupancy of the units.
During construction, existing street trees will be protected and preserved. Existing street trees shall not be removed without the approval of the Parks and Recreation Director. Any trees approved for removal shall be replaced with trees of equal size and type.
Water service shall be provided by Carlsbad Municipal Water District (CMF7D). The applicant shall comply with the rules and regulations of the CMWD regarding water service to condominiums.
In the event that extensions to the existing public
water system are deemed appropriate by the water
district, the developer will be required to provide the complete water system.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 2nd day of May , 1978
by the following vote, to wit:
AYES : Councilmen Packard, Skotnicki, Anear and
NOES : None
None ABSENT :
Councilwoman Casler
ATTEST :
".
(SEAL)
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