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HomeMy WebLinkAbout1972-04-26; City Council; 721; Request for adoption of a Specific Plan• . . ..Xf^ e... : "/ " T' 'it E ' CITY -OF CARLSBAD-' C A L I F' O R N I A • + Agenda'Bill We?. 7^1 • Pate.-April 26, 1972 Deferred To; City Council . . subject: Request for Adoption of a Specific Plan and submitted By: a Tentative Map for the first phase of a 81- Planning unit condominium. Commission APPLICANT: BEACH COLONY C/o L. C. 6UTHRIE Statement of the Matter.— — . . . ^ ^ These matters were all heard and considered by "the Planning Commission at their regular meeting.of April 11, 1972. The subject request for adpptian of a specific plan and approval of a tentative map was unanimously approved by the Planning Commission. The documents itemized below complete th-i-s application for your further review and hearing. Exhibit _ . !•- Application'- - 2 .- SUff Report • • 3 - Resolutions 778, 779, announcing findings amd decisions 4 - Applicant's Exhibits Staff Recommendations Staff recommendations ar-e completely outlined-in the referenced •staff report, dated April 11, 1972. JT-/4- AS No. Date Council'Action /1994 • - 5-2-721 Resolution No. Ap.proving the tentative map of Carlsbad 72-4, Beach Colony, was adopted. - ' Ordinance No. 9306 adopting a speci-fic plan on -property west of . old 101 and southerly of So. Carlsbad State Campground, Tract 72-4 (Beach Colony) was givern a first reading. 5-16-72 Ordinance No. .9306 was given a second reading and.adopted. ^'-/Vi -2- STAFF REPORT/MEMORANDUM April 11, 1972 TO: PLANNING COMMISSION FROM: CITY MANAGER SUBJECT: REQUEST FOR THE ADOPTION OF A SPECIAL PLAN AND A TENTATIVE MAP FOR THE FIRST PHASE OF AN 81 UNIT CONDOMINIUM. APPLICANT: BEACH COLONEY C/0 L. C. GUTHRIE REPORT SUBMITTED BY: CITY MANAGER, ENGINEERING, FIRE, BUILDING INSPECTOR, PARKS AND RECREATION and PLANNING General Discussion The applicant is requesting the adoption of a specific plan for 32 units, the first phase, of an 81 unit condominium; and adoption of a tentative map on 4.20 acres lying west of the old Coast Highway 101 and southerly of the south Carlsbad State Campground . The first phase is scheduled to be constructed on 2.3 acres consisting of 32 condominium units, in a two story structure. Parking facilities will be built beneath the structure and accom- odate 111 parking spaces and additional 42 spaces for visitors will be provided at street level to the east of the building. The 153 spaces will 'also be a portion of the required parking for the accompaning 49 units, to be built in the second phase. Public access to the beach is provided by a 24 foot strip of land connecting the public right of way and the beach. The applicant additionally proposes to build a 6 foot walk and a 14 foot asphalt roadway within the 24 foot right of way. Lots 2 and 4, 1.2 acres is additionally being offered for dedication to the City. Recommendation : The staff recommends approval of the subject specific plan and tentative map for the following reasons and subject to the following conditions. APPROVED BY PLANNING COMMISSION DATE __ 4-// Page Two Staff Report/Merwrandum April 11, 1972 Reasons of Approval : 1. The proposed development will be an asset to the City of Carlsbad and will help establish a character of development in the south Carlsbad area. 2. The proposed development is in conformance with the City of Carlsbad's General Plan and Housing element. 3. The proposed development meets the criteria of the City of Carlsbad Ordinance No. 9272. Conditions of Approval: 1. Detailed landscape and irrigation system plans of the first phase of development shall be submitted to the Parks and Recre- ation Department for approval prior to installation and prior to the issuance of an occupancy permit. 2. Maintenance schedules delineating responsibi1ites for the maintenance of said landscaping shall be incorporated and approved by the Parks and Recreation Director as an item within the Property Owners' Association Documents. 3. That^the project shall be subject to the payment of Parks and lieu fees and that the developer,by dedicating Lots 2 and 4. fullfills his obligation to the public for providing beach access. 4. Those documents concerning the maintenance of common areas and building exteriors shall be submitted to the Planning Depart- ment prior to issuance of an occupancy permit. 5. That Exhibit "A" shall be adopted as the specific plan, any deviation therefrom shall be approved by the Planning Department. 6. That the architectural theme as shown in Exhibit "B" shall be complied with: any deviation shall be subject to the approval of the Planning Department. 7. That the location and type of all fire hydrants or other fire fighting devices shall be subject to the approval of the City of Carlsbad Fire Chief. 8. Any exterior wood materials used shall be treated with a fire retardant material as specified by the uniform fire code or $&. approved by the City of Carlsbad Fire Chief. 9. Sewer service shall be provided by the Leucadia County Water District by agreement between City of Carlsbad and LCWD. LCWD standards and specifications will be complied with. Page Three Staff Report/Mein^randum April 11 , 1972 10. Water service shall be provided by the Carlsbad Municipal Water District on an interim basis pending resolution of City/ Distfict service area boundaries. 11. All util ities/shall be placed underground and no overhead poles or lines shall be permitted. 12. A subdivision map shall be recorded for this parcel in accordance with the State Subdivision Map Act. 13. All land.'and/or easements necessary for the implementation of this tentative map shall be dedicated to the City of Carlsbad without cost to the City and free of all liens and encumberances. 14. A grading plan and soils report shall be submitted prior to the issuance of a grading permit. 15. Applicant shall install public street improvements along U.S. 101 frontage including C & G, sidewalks, underground utilities, street trees, lights, base and asphalt paving to match existing and any other improvements deemed necessary by the City Engineer in conformance with the Subdivision Ordinance and other City standards without cost to the City of Carlsbad and free of all liens and encumberances. 16. The proposed relocation of the State of California Beach & Parks access road through subject property shall be subject to the official approval of the State. 17. An easement for public beach access shall be dedicated to the City of Carlsbad. 18. An emergency 12' access road shall be provided between the north end of the proposed cul-de-sac and U. S. 101. 19. The cul-de-sac street shown between Carlsbad Boulevard and the development shall be a (private) street constructed in accordance with City standards and vacation of public right of way necessary for construction of private street shall be con- tingent upon dedication to the public of an equivalent area of beach frontage in addition to that shown on the tentative map. JACK p. ARNOLD, City Manager jz INSTRUCTIONS TO APPLICANT: 1. Complete Part A,B,C and D below. 2. File Application with City Planning Departmcnt. 3. Filing Fee is $100.00, plus $2.00 for each dwelling. 4. Please make check payable to: 'CITY OF CARLSBAD 5. Information is to be Typewritten. APPLICATION FOR ADOPTION OFsptcinc PLAN Submitted to: Carlsbad City Planning Commission Date Received: .g^ ^gyc!*. . \^T2.• Date of Hearing: ^ , ^ 0-6 PART A GENERAL INFORMATION 376"6926Kame of Applicant Beach Colony c/o L . C . Guthrie _ Applicant ' s Representative Rick Engineering Company ___ telephone', 729-4987 Applicant's Hailing Address 509 Elm Avenue, Carlsbad, California 92008 Location of Property by Street 9000 Carlsbad Boulevard PART B LEGAL DESCRIPTION Attach to this application, one(l) copy of a complete description of the property for which adoption of a Specific Plan is requested. PART C APPLICATION Existing Zone Master Plan Approved Yes UXT Wo I | fete Vgj> wi A.-T t Q|~i \ FART D MAP PREPARATION Attach to this application, a Sepia and Twenty (20) Blueline copies of the Specific Plan, as prepared by a Registered Civil Engineer, or architect, which shows the boundaries, dimensions and bearing of each line of the property for which a Specific Plan is requested. (Those items as specified within the Planned Community Zone, Article 13.75 of Ordinance No. 9060, shall be indicated on such plan.) ' . AFFIDAVIT STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) CITY OF-t /ss/ &&W*I, (He) ,yy^ffry( L~ f^W&^SW^ being duly sworn, depose and say that I (We) am(are) th& ownerfs; of part (or all) of the property involved and this application has been prepared in compliance with the requirements of the City Planning Commission as printed herein, and that the foregoing information does thoroughly and completely, to the best of my(our) ability, present an argument in behalf of the application herewith submitted and that the statements and Information above referred to are in all respects true and correct, to the best Of ay (our) knowledgc^and_b.el_, Signed IVU'A!—ts CVcTrr'Cl'Z'g' tKat tne foregoing application has been inspected by me and found to be complete and acceptable for filing with the Planning Commission. Receipt No. /.i'i<{- By y</x- ?/Vi^/- ~/. ,>x>./••>•/..- i.-- , .For the City Planning Commission q INFO-RMATION TO BE TYPEWRITTEN ^ -£ '/- /} s+-r] Filing Date 2^g> -E^ca. . i^TZ. fees Pald/,^/^, Hearing Date Receipt No. /,/# & l_X'-•".'Sit :">": vX-VCX APPLICATION FOR APPROVAL OF TENTATIVE MAP ' PROPOSED NAME OF SUSP I V 1 S ION Beach Colony, Carlsbad Tract 72- •GENERAL LOCATION West of Old Highway 101 and North of San Marcos Creejc at the present Southerly tip of the City of Carlsbad TOTAL ACREAGE 4.2 NUMBER OF LOTS 2 HINIMUM LOT AREA (Sq.Ft.) 60,000 MINIMUM FRONTAGE 200' TYPE OF SUBDIVISION (Residentia 1,Com*1, Ind'l) Residential PRESENT ZONE PC PROPOSED ZONE PC NAMES OF NEW STREETS PROPOSED None PRE-FILING CONFERENCE HELD CDate) February 22, 1972 REGISTERED CIVIL ENGINEER, ARCHITECT, OR SURVEYOR WHO PREPARED MAP: Robert C. Ladwig L.S. 3189 (.Name) LT 1 1 1 e 1 Rick Engineering Co. , 509 Elm Avenue, Carlsbad, California 92008 THE FOLLOWING MODIFICATION TO THE ZONING OR SUBDIVISION REQUIRE- MENTS ARE HEREBY REQUESTED: CGive reasons for modifications; attach separate sheet if additional space is required) OWNER(S) OF PROPERTY (.Signatures) dressl iName) (Add resTT. (Name) (Address) SUBDIVIDE (Signature) . (Note: This Application will be filed with 20 bluellne prints and and Ibrov/rJ'nc transparency of the Tentative Map, prepared according to thu specifications of Ordinance No.9o5o and amendments thereto, together with supp 1 emcn l:c. ry Information and ft-os as required by sciid ordinance.) PROPOSED TtEWTATJVB MAP f! Ill PLANNING COMMISSION RESOLUTION NO. 779 2p A RESOLUTION OF THE CARLSBAD CITY PLANNING COMMISSION i RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF/DENIAL SI OF A SPECIFIC PLAN ON CERTAIN PROPERTIES LOCATED WEST OF OLD COAST HIGHWAY 101 AMD SOUTHERLY OF THE SOUTH 4 CARLSBAD STATE CAMPGROUND 5 ~ 6 WHEREAS, pursuant to the provisions of Title 21 of the Carlsbad 7 Municipal Code, the Planning Commission did on April 11, 1972, hold a 8 duly noticed public hearing to consider the application of Beach Colony 9 c/o L. C. Guthrie for adoption of a specific plan on real property 10 located west of the Old Coast Highway 101 and southerly of the South 11 Carlsbad State Campground, and more particularly described as: 12 Certain portions of Fractional Section 32, Section 33 13 Township 12 South Range 4 West, San Bernardino Base 14 and Meridian in the City of Carlsbad, County of San 15 Diego, State of California; more particularly des- 16 cribed in application and map on file in the City 17 Planning Office. 18 WHEREAS, at said public hearing, upon hearing and considering 19 the testimony and arguments, if any, of all persons who desired to -20 be heard, said Commission did find the following facts and reasons 21 ito exist which make the (approval/denial) of an application for 22jadoption of a specific plan necessary to carry out the provisions 23|and general purpose of Ordinance No. 9060 and Title 21 of the 24 Carlsbad Municipal Code: i 25|l. (NOTE: See reasons, staff report dated 4/11/72, if applicable) 26| NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of 27 the City of Carlsbad that it does hereby recommend to the City Council 28 the adoption of/denial of a specific plan on certain properties locatet 29 west of the Old Coast Highway 101 and southerly of the South Carlsbad 30 State Campground. 31 AND FINALLY RESOLVED, that a copy of this.Resolution be forwarded 32 to the City Council for its attention in the manner prescribed by law. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad ! City Planning Commission held on the llth day of April, 1972, by the following vote, to wit: AYES: NOES: ABSENT: 1 2 3 4 5 6 7 ELMER H. JOSE, JR., Chairman 8 9 ATTEST: 10 11 EDMOND W. DOMINGUEZ, Secretary 12 13 14 15 16 17 18 19 .20 21 22 23 24 25 26 27 28 29 30 31 32 1 PLANNING COMMISSION RESOLUTION NO. 77811 2 4 5 6 8 A RESOLUTION OF THE CARLSBAD CITY PLANNING COMMISSION RECOMMENDING (APPROVAL/DENIAL) OF A TENTATIVE MAP OF CARLSBAD TRACT 72-4 BEACH COLONY WHEREAS, the Carlsbad City Planning Commission did receive on April 11, 1972, a Tentative Map, to be known as Carlsbad Tract 72-4 submitted by Beach Colony, c/o L. C. Guthrie, owner and subdivider, on property located west of the old Coast Highway 101 and southerly of the South Carlsbad State Campground being: Certain portions of fractional section 32, section 33 Township 12 South Range 4 West, San Bernardino Base and Meridian in the City of Carlsbad,County of San Diego, State of California; more particularly described in application and map on file in the City Planning Office. WHEREAS, the Planning Commission did consider the Tentative Map as submitted, comprised of 4 lots, and . WHEREAS, the Planning Commission did take into consideration the reports of the various City agencies and utility companies; NOW, THEREFORE, BE IT RESOLVED that the Tentative Map be approved subject to the following conditions: 1. (NOTE: See Conditions of approval in staff report dated April 11, 1972). AND FINALLY RESOLVED, that a copy of this resolution be forwarded to the City Council of the City of Carlsbad for its attention in the manner prescribed by law. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Planning Commission, held on the Tlth day of April, 1972, by the following vote, to wit: AYES: NOES: ABSENT: ATTEST: EDMOND W. DOMINGUEZ, Secretary 5 8 10 11 12 15 14 15 16 17 18 19 20 21 22 23 24 25 26 •27 28 29 30 31 32 ORDINANCE NO. 9306 AN ORDINANCE OF THE CITY COUNCIL ADOPTING A SPECIFIC PLAN ON PROPERTY LOCATED WEST OF OLD COAST HIGHWAY 101 AND SOUTHERLY OF THE SOUTH CARLSBAD STATE CAMPGROUND. CARLSBAD TRACT 72-4 (Beach Colony; 4 The City Council of the City of Carlsbad, California DOES ORDAIN that a Specific Plan for the hereinafter described real property be adopted in the following particulars: SECTION 1. PROPERTY DESCRIPTION. Certain portions of Fractional Section 32, Section 33, Township 12 South, Range 4 West, San Bernardino Base and Meridian in the City of Carlsbad, County of San Diego, State of California; more particularly described in application and map on file in the City Planning Office. SECTION 2. GENERAL CONDITIONS. The Specific Plan, marked Exhibit "A" attached hereto, entitled "Specific Plan for Carlsbad Tract 72-4 (Beach Colony), is subject to the following conditions and restrictions: 1. The development of the property described in Section 1 hereof shall be subject to the restrictions and limitations set forth herein which are in addition to all of the requirements, limitations and restrictions of all municipal ordinances and State and Federal statutes now in force, or which hereafter may be in force for the purpose of preserving the residential characteristics of adjacent properties. 2. All public improvements shall be made in conformity with the Subdivision Ordinance and other City standards to the satisfac- tion of the City Engineer, without cost to the City of Carlsbad, and free of all liens and encumbrances. 3. All land and/or easements required by this Ordinance sha be granted to the City of Car-lsbad without cost to the City and free of all liens and encumbrances. XX XX -1- 11 SECTION 3. PRIVATE DEVELOPMENT CONDITIONS. The following conditions shall apply with respect to any development after the effective date of this Ordinance of the property described in Section 1 hereof: 1. Detailed landscape and irrigation system plans of the first phase of development shall be submitted to the Parks & Rec- reation Department for approval prior to installation and prior to 8 the issuance of an occupancy permit. 9 2. Maintenance schedules delineating responsibilities for 10 the maintenance of said landscaping shall be incorporated and sub- 11 ject to the approval by the Parks & Recreation Director as an 12 item within the Property Owners' Association Documents. 13 3. That the project shall be subject to the payment of Parks in Lieu fees. The developer, by dedicating lots 2 and 4, 15 fulfills his obligation to the public for providing beach access. The satisfactory arrangement of the Parks in Lieu fees shall be entered into between the applicant and the Parks & Recreation 18 Director. 19 4. Those documents concerning the maintenance of common 20 areas and building exteriors shall be submitted subject to the Planning Department approval prior to issuance of an occupancy permit. 23 5. That Exhibit "A" shall be adopted as the specific plan, 24 any deviation therefrom shall be subject to the approval of the 25 Planning Department. 26 6. That the architectural theme as shown in Exhibit "B" '27 shall be complied with; any deviation shall be subject to the 28 approval of the Planning Department. 29 7. That the location and type of all fire hydrants or 30 other fire fighting devices shall be subject to the approval of the City of Carlsbad Fire Chief. 32 a. Any exterior wood materials used shall be treated with -2- a fire retardant material as specified by the uniform fire code or as approved by the City of Carlsbad Fire Chief. ^""""^-x( 9.\Sewer service shall be provided by the Leucadia County Water District by agreement between City of Carlsbad and LCWD. 5 LCWD standards and specifications will be complied with. 6 10. Water service shall be provided by the Carlsbad Mun- rr icipal Water District on an interim basis pending resolution ofi Q City/District service area boundaries. q 11. All utilities within the development shall be placed 10 underground and no overhead poles or lines shall be permitted. 12. A subdivision map shall be recorded for this parcel in accordance with the State Subdivision Map act. 1 *5 13. All land and/or easements necessary for the imple- mentation of this tentative map shall be dedicated to the City of 15 Carlsbad without cost to the City and free of all liens and en- 1 R cumberances. 7 14. A grading plan and soils report shall be submitted 18 prior to the issuance of a grading permit. 19 15. Applicant shall install public street improvements 20 along U.S. 101 frontage including C & G, sidewalks, underground 21 utilities, street trees, lights, base and asphalt paving to match 22 existing and any other improvements deemed necessary by the City 23 Engineer in conformance with the Subdivision Ordinance and other 24 City standards without cost to the City of CArlsbad and free of all 25 liens and encumberances. 26 16. The proposed relocation of the S.tate of California 27 Beach & Park access road through subject property shall be subject 28 to the official approval of the State. 29 17. An easement for public beach access shall be dedicated 30 to the City of Carlsbad. 31 18. An emergency 12' access road shall be provided between 32 the north end of the proposed cul-de-sac and U.S. 101. - 3- 19. The cul-de-sac street shown between Carlsbad Boulevard 2 and the development may be a (private) street constructed in accor- 3 dance with City standards and vacation of public right-of-way necessary for construction of private street shall be contingent upon dedication to the public of an equivalent area of beach front- 6 age in addition to that shown on the tentative map. If a public 7 street is to be constructed, the street shall be built to conform o0 to City standards. 9 SECTION 4. REQUIRED PUBLIC IMPROVEMENTS BEFORE ISSUANCE 10 OF BUILDING PERMIT. The following shall be granted to the City of Carlsbad before any building permit will be issued for the developmen of the property described in Section 1 hereof: -1-3 1. All street improvements including water, sewer, under- 14 ground power and telephone, street tree planting, street light, storm drain and any other improvements deemed necessary by the 16 City Engineer shall be installed in conformance with City standards - „Li and indicated on an approved improvement plan^prior to the issuance 18 of a building permit. 19 2. All lands necessary for street widening shall be 20 dedicated to the City of Carlsbad prior to approval of said im- 21 ^ -,provement plan. 22 3. A grading plan shall be submitted prior to the 23 issuance of a building permit. 24 SECTION 5. ADMINISTRATION AND • ENFORCEMENT . The Building 25 Department shall not approve any building for occupancy until the 26 Planning Director has certified that all the conditions of this 27 ordinance have been satisfied. 28 The Planning Director of the City of Carlsbad is designated as the enforcing officer of this Specific Plan. His decision shall 30 be final as to whether the subject property has been properly de- veloped and improved. However, the owners of the subject property may appeal to the City Council any decision of the Planning Director -4- v 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 relative to this Specific Plan. Such appeal shall be in writing and filed with the City Clerk within 10 days following the receipt of the decision of the Planning Director. The City Council's decision shall befinal. SECTION 6. EFFECTIVE DATE. This Ordinance shall be effective 30 days after its adoption. The City Clerk of the City of Carlsbad shall certify to the adoption of this Ordinance and cause it to be published once in the Carlsbad Journal within fifteen (15) days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Carlsbad, California, held on the 2nd day of May, 1972, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council on the 16th of May , 1972, by the following vote, to wit: AYES: Cmn. Dunne, McComas, Lewis, Chase and Frazee. NOES: None. ABSENT: None. TJAVID M. DUNNE, Mayor ATTEST: MARGARET E. ADAMS, City Clerk (SEAL) -5-- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 23 24 25 26 •27 28 29 30 31 32 RESOLUTION NO. 1994 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, APPROVING THE TENTATIVE MAP OF CARLSBAD TRACT 72-4. BEACH COLONY WHEREAS, the Planning Commission of the City of Carlsbad on the llth day of April, 1972, recommended to the City Council that the tentative map of Carlsbad Tract 72-4, Beach Colony, be approved and WHEREAS, the City Council of the City of Carlsbad on the 2nd day of May, 1972, considered the recommendation of the Plan- I ning Commission; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad that the City Council does hereby approve said tentative map for Carlsbad Tract 72-4, comprised of 4 lots, sub- ject to the following conditions being performed by the owner: 1. Detailed landscape and irrigation system plans of the first phase of development shall be submitted to the Parks and Recreation Department for approval prior to installation and prior to the issuance of an occupancy permit. 2. Maintenance schedules delineating responsibilities for the maintenance of said landscaping shall be incorporated and subject to the approval by the Parks and Recreation Director as 22 an item within the Property Owners' Association Documents. 3. That the project shall be subject to the payment of Parks in Lieu fees. The developer, by dedicating lots 2 and 4, fulfills his obligation to the public for providing beach access. The satisfactory arrangement of the Parks in Lieu fees shall be entered into between the applicant and the Parks & Recreation Director. 4. Those documents concerning the maintenance of common areas and building exteriors shall be submitted subject to the Planning Department approval prior to issuance of an occupancy permi t. -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 5. That Exhibit "A" shall be adopted as the specific plan, any deviation therefrom shall be subject to the approval by the Planning Department. 6. That the architectural theme as shown in Exhibit "B" shall be complied with; any deviation shall be subject to the approval of the Planning Department. 7. That the location and type of all fire hydrants or other fire fighting devices shall be subject to the approval of the City of Carlsbad Fire Chief. 8. Any exterior wood materials used shall be treated with a fire retardant material as specified by the uniform fire code or as approved by the City of Carlsbad Fire Chief. 9. Sewer service shall be provided by the Leucadia County Water District by agreement between City of Carlsbad and LCWD. LCWD standards and specifications will be complied with. 10. Water service shall be provided by the Carlsbad Muni- cipal Water District on an interim basis pending resolution of City/District service area boundaries. 11. All utilities within the development shall be placed underground and no overhead poles or lines shall be permitted. 12. A subdivision map shall be recorded for this parcel in accordance with the State Subdivision Map act. 13. All land and/or easements necessary for the im- plementation of this tentative map shall be dedicated to the City of Carlsbad without cost to the City and free of all liens and encumberances. 14. A grading plan and .soils report shall be submitted prior to the issuance of a grading permit. 15. Applicant shall install public street improvements along U.S. 101 frontage including C & G, sidewalks, underground utilities, street trees, lights, base and asphalt paving to match existing and any other improvements deemed necessary by the City -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 •27 28 29 30 31 32 Engineer in conformance with the Subdivision Ordinance and other City standards without cost to the City of Carlsbad and free of all liens and encumberances. 16. The proposed relocation of the State of California Beach & Park access road through subject property shall be sub- ject to the official approval of the State. 17. An easement for public beach access shall be dedicated to the City of Carlsbad. 18. An emergency 12' access road shall be provided between the north end of the proposed cul-de-sac and U.S. 101. 19. The cul-de-sac street shown between Carlsbad Boulevard and the development may be a (private) street constructed in accordance with City standards and vacation of public right-of- way necessary for construction of private street shall be con- tingent upon dedication to the public of an equivalent area of beach frontage in addition to that shown on the tentative map. If a public street is to be constructed, the street shall be built to conform to City standards. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to place a copy of this resolution in the usual course of mail, addressed to the subdivider at his address as shown on the tentative map. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 2nd day of May, 1972, by the following vote, to wit: AYES: Cmn. Dunne, McComas, Lewis, Chase and Frazee. NOES: None. ABSENT: None. ff\ s&'f-^^f—r I f If —*^X_ -' TDWlDi M . DUNNE , Mayor VATTEST ADAMS,C^ity Clerk (SEAL") April 25, 1972 City Council City of Carlsbad Carlsbad, California Re: Application for Specific Plan Beach Colony, c/o L. C. Guthrie 5/22/72 Gentlemen: As a Carlsbad property owner, I wish to request that the City Council deny the application of the Beach Colony Specific Plan for the following reasons: 1. Subject Specific Plan and proposed development will place undue hardship and expense on present Carlsbad citizens and taxpayers because of the extreme remote location of this project to City facilities and municipal services. The Carlsbad water system, streets, sewers, fire depart- ment and police department are presently deficient or over-burdened and further over-extension will detrimentally dilute and handicap these needed services to present citizens. 2. The cost of providing additional necessary municipal services to this proposed development has not been properly presented to the citizens, or to the Council, and therefore it is not possible to intelligently evaluate the cost-benefit aspects of the application. 3. No environmental impact report, relating to this project, has been prepared or made available to the public as required by the California Environmental Quality Act of 1970. 4. The Specific Plan does not incorporate dedication of public access and public parking provisions as required by the County of San Diego Environmental Development Agency "Public Beach Access Policy of 1971. " City Council - City of Carlsbad April 25, 1972 Page Two 5. This area is part of the California Coastal Zone with portions being a distinct and valuable resource belonging to all the people. As such this area should be preserved for public benefit. 6. The Specific Plan covers an area which is a natural extension to the South Carlsbad State Beach. Therefore it should be held in status quo until pending State legislation, relating to coastal zone preservation, has been finalized. Considering the above, I respectfully request that the Council deny subject application. uly yours, Ernest Adler, Jr. 3836 Cherry Avenue Long Beach, California 90807