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HomeMy WebLinkAbout1973-11-20; City Council; 2206; Final EIR and Tentative Map Request for approval for James Bear to allow for a 42-unit condominium development on 1.25 acres of land generally located on the east side of Carlsbad Blvd and south of Sequoia Avenue• ' - /• - • *--.-, - ThCciTY OF CARLSBAD, C^LIFoQlA 7- (5V \._ Agenda Bill Mo. jLUfib ' Date November 20, 1973 Referred .To: CITY COUNCIL - Subject; FINAL E.I.R> AND TENTATIVE MAP: Request for approval Submi tted By; of a Final Environmental. Impact Report and Tentative Map for ^> •' JAMES BEAR, to allow for a 42 unit condomtnfum development on PLANNING A * 1.25 acres of land generally located on the east stde of Carlsbad COMMISSION ^/ ' Blvd. and south of Sequoia Avenue. ti.v/y*) • Statement of the Matter .' At an adjourned regular meeting held by the Planning Commission on October 30, 1973, . they dtd hear a request for approval of a Final Environmental Impact Report (#112) and Tentative Map (CT 72-37) submitted by JAMES BEAR, to allow a 42 unit condominium on 1.25 acres of land generally located on the east side o'f Carlsbad Blvd., south of •Sequoia Avenue. After discussion by the Planning Commission and applicant, the Commissioners did accept the Final E.I.R. as presented, and did adopt Planning Commission Resolution No. 983 (attached) approving the Tentative Map (CT 72-37), subject to the conditions stated therein. Exhibit 1. Certification of Ownership 2. Staff Report of 10-23-73 3. Applicant's Exhibit 4 Final E.I.R. 5. Planning Commission Resolution No. 983. 6. City Council Resolution No. Staff Recommendations to City Manager Staff recommendations are more clearly outlined in attached staff report and Resolution. AS NO C 20. 1973 City Manager's Recommendation Recommend concurrence with staff and Planning Commission Council'Action ' ' ' . 11-20-73. 'Resolution No. 32.70. was adopted by title only with further reading waived, approving the Tentative Map arnd app/oval was given the Final Environmental Impact Report. DATE xs ^\ :W ' W OWNER AND/OR OWNER'S AUTHORIZED AGENT: a^AMD <3 (Print Name) v Jr fasi ( Signature) (Mailing Address) (City and State) (Area Code) 7 Xf lT£ ¥ ? (Telephone Number) SUBSCRIBED AND SWORN TO BEFORE ME THIS ; DAY OF ,1972. (Notary Public) '**"*% CITY OF CARLSBAD PLANNING DEPARTMENT REPORT TOR OCTOBER 23 , 1973 TO: PLANNING COMMISSION REPORT ON: CONSIDERATION OF ENVIRONMENTAL IMPACT STATEMENT CONSIDERATION OF TENTATIVE MAP CASE NO: EIS - 112 CT 72-37 APPLICANT: J. MAMAUX Carlsbad. Beach and Tennis Club 200 West 8th Street National City, California I. GENERAL INFORMATION A. General Request; These items were scheduled, for the Planning Commission meeting'of September 11, 1973* At that meeting these matters were tabled to permit the revision of the development. Said revisions have been' completed. That the Planning Commission recommend to the City Council that an Environmental Impact Statement and Tentative Map for a 42 dwelling unit condominium complex on portions of Lot 3 thru 8, Block I, Map of Palisades be approved. B. Background; The subject property consists of two separate parcels on each side of the right of way of Chinquapin Avenue at its intersection with Carlsbad Boulevard. The presently improved portion of Chinquapin Avenue stops approximately 100 feet easterly of Carlsbad Boulevard. The first parcel indicated as Lots 1 & 3 on the tentative map, located at the northeast corner of the intersection has a frontage on Carlsbad Boulevard of approximately 100 feet and contains approximately 26,600 square feet. The second parcel indicated as Lot 2 on the tentative map located at the southeast corner of- the intersection contains approximately 24,7°0 square feet for a total of approximately 51,360 square feet (1.17 acres). As a part of the tentative map request, the applicant is requesting that certain portions of Chinquapin Avenue be abandoned. As a part of this abandonment the applicant is proposing to cul-de-sac Chinquapin Avenue which would require some additional right of way. The resulting developable area would be 1.34 acres. * A total of two residences presently exist on the subject property. The proposed development would require the demolition of these structures. C. Zoning'and General Plan; 1. Zoning; Existing: R-3 Proposed: R-3 (TM) Adjacent: North - R-3 & RD-M & R-2 South - P-4 East - R-3 & RD-M West - L-C 2. General Plan; -The Land Use Amendment No. 1 to the adopted General Plan indicates a portion of the property to be potential low-medium density residential with 0-30 dwelling units per net acre and a portion of the subject property to be potential medium density residential with 0-50 dwelling units per net acre. If one were to average the permitted ranges, a range of 0-40 dwelling units per acre would result. The applicant is proposing a density of 31.34 dwelling units per net acre (based upon 1.34 net acres). II. CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT NO. 112 A. Summary; A draft environmental impact report has been revised to reflect the redesign of the development. In that substantial development does exist on the site and in that the property is located in an area of substantial development, staff believes that the environmental impact is of less significance than if the project were located in an undeveloped area. However, the proximity of the site to Agua Hedionda Lagoon and the Pacific Ocean somewhat mitigate this finding. The draft environmental impact report substantially addresses the major concerns with regard to the environment. It is staff's intent to elaborate or clarify the draft environmental, impact report rather than repeating the information. B. Acceptability of Draft Environmental Impact Report; The draft environmental impact report as prepared by Rick Engineering Company has been accepted by this department. This report was forwarded to the following agencies for comments and any responses are attached to this report: 1. County of San Diego Parks & Recreation Department 2. State of California Division of Highways 3. State of California Parks & Recreation Department 4. San Diego Regional Water Quality Control Board 5. Comprehensive Planning Organization 6. San Diego Coast Regional Commission 7. City Engineering Department 8. Carlsbad Unified School District C. Final Environmental Impact Report No. 112; The draft Environmental Impact Report as submitted does substantially conform to all requirements for a final Environmental Impact Report. The following should be considered as enlargement of the draft environmental impact report. 1. Project Description; The actual project is a 42 unit condominium complex on approximately 1.34 acres. The resulting density would be 31-34 dwelling units per acre. 2. The report in its discussion of visual impact of the project on page 14» fails to express the impact of a two-story development on the subject property, especially from Carlsbad Boulevard. -2- . D. Staff Recommendation; That it be moved that the Planning Commission accept the final Environmental Impact Report to include the following: 1. The draft Environmental Impact Report. 2. Staff's comments herein. 3. Any response received from notification. 4. Any imput received during the public hearing. Justification is based upon: 1. These materials do adequately express the total significant effect of the proposed development on the environment to the degree necessary to qualify as an informational document on the environmental impacts. III. CONSIDERATION OF CT 72-37 A. Specific Request; The tentative map is to consist of 3 lots upon which a total of 42 dwelling units would be developed. The c'll de sacing of Chinquapin Avenue is indicated to occur as a part of the development. B. Staff Recommendation; .That it be moved by the Planning Commission that it be recommended to the City Council that the revised Tentative Map No. 72-37 BE APPROVED. Justification is based upon: 1. Conformance of tentative map to all requirements of the municipal ordinance code and to the regulations of the State of California Subdivision Map Act. 2. Said map is in conformance with the General Plan. With regard to the Park Ordinance, it is recommended that in-lieu fees be paid. Justification is based upon: 1. The adopted General Plan does not provide for a park site on the subject r>roperty.2. Parks Ord. requires fees for subdivisions with less than 50 lots. C. Conditions of Approval; Any approval should be subject to the following conditions: 1. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all requirements, limitations and restrictions of all municipal ordinances and State and Federal statutes now ±n force, or which, hereafter, may be in force for the purpose of preserving the residential characteristics of adjacent properties. 2. Prior to consideration of the Final Map and Improvement Plans, a grading and plot plan of the tract with all proposed dwelling units located thereon, and showing appropriate setback dimensions, shall be submitted to the Planning Department for approval to insure that adequate area requirements can be met. 3. The C.C. & R1s for this development shall be submitted to the Planning Director for review and approval prior to the issuance of any building permits. —3— /"•v 4. Park-in-lieu fees shall be granted to the City prior to approval of the Final Map. 5. Prior to consideration of this request by the City Council, the applicant shall submit to the Planning Department, written evidence of compliance to the City Council school policy. 6. In order to provide for reasonable fire protection during the construction period, the subdivider shall maintain passable vehicular access to all buildings and adequate fire hydrants with required fire flows shall be installed as recommended by the Fire Department. 7. All public improvements shall be made in conformity to the City of Carlsbad Engineering Design Criteria and Standard Plan, the subdivision ordinance and other City standards, to the satisfaction of the City Engineer without cost to the City of Carlsbad, and free of all liens and encumbrances. Improvement plans for water and sewer system shall meet the requirements of the respective service districts. 8. All utilities, including provisions for cable TV shall be placed underground and/or shall be completely concealed from view. 9. All land and/or easements required by this Ordinance shall be granted to the City of Carlsbad without cost to the City, and free of all liens and encumbrances. 10. Any extension and improvement of Chinquapin Avenue shall be on the basis of a 60 ft. right-of-way improved to the City Standards.. 11.. If the ex tens ton of Chinquapin. Avenue results in the necessary relocation of any utility facilities, it shall be the developers responsibility to pay for such relocation. 12. Carlsbad Blvd. shall be widened and improved to City Standards. 13. The applicant shall be responsible for the cost of any modification of the sewer pump facility to provide for the proposed development. ATTACHMENTS: Carlsbad Unified School District (2) Fire Department Petition (2 pages) Environmental Impact Assessment Information. -4- -3-•^u^~ CARLSBAD UNIFIED SCHOOL DISTRICT 801 PINE AVENUE ' ' CARLSBAD, CALIFORNIA 92008 July 25, 1973 DECEIVED JUL 2 G 1973City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 CITY OF CARLSBAD Attention: Paul A. Williams, Planning Department Planning Department Gentlemen: Reference: .Carlsbad Beach and Tennis Club The Governing Board and school district administration appreciate the opportunity of reviewing the environmental impact report for the proposed Carlsbad Beach and Tennis Club as submitted by your agency on July 16, 1973. It is the opinion of the district that this development when completed may have from 12 to 15 school age children in residence. On page 13 of the report it is indicated that classroom space is available for students who would be enrolled in Kindergarten through 8th Grade. Because of other developments in the area, it is very likely that by the time this construction project is completed there will be no available space for children attending these grade levels on a single-session schedule. It is hoped that the above information will be useful and in accordance with your request for comments and observations by representatives of this district. Sincerely yours, HOWARD C. HARMON District Superintendent FHL:lICH:aw Att.: Environmental Impact Report for Carlsbad Beach and Tennis Club ADMINISTRATION 729-9291 _£_ CARLSBAD UNIFIED SCHOOL DISTRICT 801 PINE AVENUE CARLSBAD, CALIFORNIA 92008 July 24, 1973 , , RECEIVEDCity of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 >JUL 6 0 rJ/j Attention: Mr. Donald A. Agatep, Director of PlannQ|j|"Y OF CARLSBAD „ . Planning DepartmentGentlemen: Reference: CT 72-37 Carlsbad Beach and -Tennis Club The Governing Board of the school district at a meeting held on July 23, 1973 reviewed the information presented by your department on July 18,' 1973 concerning a real estate development known as Carlsbad Beach and Tennis Club, which will consist of approximately 42 condominium units. As a result of this review, it is estimated from the number and types of residences planned that the anticipated number of school age children, Kindergarten through 12th Grade, residing therein will range from 12 to 15 students. The district does not have facilities to provide for a single-session educational.program for children who will be residing in this proposed • deyelopnen t. In addition, the district, does not have any funds to provide for facilities to house these children. To date, no agreement has been reached with the subdivider to provide financial assistance for school facilities which will be needed if and when these residences are constructed. It is requested that approval of this proposed residential development be withheld until a firm agreement is reached between the developer and the Governing Board of the district for provision of necessary school facilities. It will be greatly appreciated if copies of this letter are made available to members of the City Council and the Planning Commission. Sincerely yours, HOWARD C. HARMON District Superintendent rTIL:IICH:nw ADMINISTRATION - - 729-9291 VMTE1T—DON'T SAY IT INTER-DEPARTMENT MEMORANDUM A.M. TO: PLANNING DEPT. DATE July 31 19 73 P.M. PROM: FIRE DKPT. SUBJECT.: CT 72-37, Chinquipin, Replace water mains to supply adequate fire flow. Hydrants as required by fire department. Off and on-site, to be in service prior to framing. F'ire aparatus access -must be concidered. Q. REPLY ON THIS SHEET FROM A. WGLENCHUK B/C tavKlT ti.it. Page No. Ona July 20, 1973 Petition against proposed "Carlsbad Beach & Tennis Club" Proposed 42 apartment units on 1.25 acres on property generally located on both sides of Chinquapin Ave. East of Carlsbad Blvd. We the undersigned legal property owners do-hereby wish'to have it be known that we arc agai.nct (negative) with regards to this project» ' This proposed project would in our opinion create a more serious parking problem on side streets, duo to the lav/ regarding no parking on Carlsbad Blvd. whrch is the main highway and also the entrance to State public beach that fronts the proposed project. This project would in our opinion create a "Chinese""V/all" style of beachfront development that blocks th© view. New structures of this magnitude would change the character of the older, smaller existing single family residences and apartment type neighborhood and encourage wall- to - wall construction of larger buildings. All of the above mentioned items would have a Environmental Ijnpact on the entire general beachfront ,area., - 0/3 - •„ - o // - /^ ?^a^ yr? SS t sJ J i /3 9 Page Ko. Two July 20, 1973 Petition against proposed "Carlsbad Beach & Tennis Club" Proposed 42 apartment units on 1.25 acres on property generally located on both sides of Chinquapin Avo. East of Carlsbad Blvd. 2.06- o/(- /o ROIIMENTAL IMPACT ASSE$C"U<!T Date: Name of Applicant: F- James Bear Permit Applied For: Tentative Map - Carlsbad Tract 72-37 (Carlsbad Beach & Tennis Club) Location of Proposed Activity.: Carlsbad Boulevard & Chinquipin Avenue I. Background Information. 1. Give a brief description of. the proposed .activity. Development of condominium town house structures, after demolition of existing single family type structures, vacation of non-continuous street, dedication for property line rounding at street intersection and dedication of utility and access easement. By combining 15 multiple residential zoned lots and an un-necessary street, greater flexibility and the use. of. . • imaginative design will permit the development of a -unique community of individually .owned townhouse units in this desirable area. 2. Describe the activity area, including distinguishing natural and manmade characteristics. .. • . The property rises abruptly from the level of Carlsbad Boulevard 10 to 15 feet and extends from Sequoia to 120 feet south of Chinquipin Avenue on . both sides of Chinquipin to Garfield Street. Seven of the 15 parcels and lots have homes built thereon, the remainder are vacant. Chinquipin is improved with pavement from Garfield to within 100 feet of Carlsbad Boulevard. Utilities (gas, water, sewer and overhead telephone and pov/er lines) exist in the area. Ground cover of- ice plant and native grasses exist on 4 of the 6 vacant- parcels of land which overlook Carlsbad Boulevard, Aqua Hedionda and the Pacific Ocean to the south. IB. n t a 1 TrnII. Environmental impact Analysis . Ansv/er the following questions by placing a chec.k in the • appropri ate space. ...« . •..'•• •' Yes No. • . t 1. Could the project significantly change present land uses rn the vicinity of the activity? . . X v , 2. 'Could the activity affect the use of a re- V. 'creational area, or area of important • •' aesthetic value? • ' x "3. Could the activity affect the functioning of an established community or neighbor- y^} ' x hood? ' 4. Could the activity result in. "the displace* ment of community residents? .• . *5. Are any of the natural or man-made features in the activity area unique, that is, not found in other parts of the County, State, or nation? • •' ... ^—^ x 6. Could the activity significantly affect a . • historical or archa-elogical site or its . setting? • _ • 7. Could the activity significantly affect the potential use, extraction, or con- servation of a scarce natural resource? _ '__ • _2L 8. Does the activity area serve as a habitat, •. food source, nesting place, source of water, ' ' .etc. for rare or endangered wildlife or fish species? " ' ' " _ * • *• 9. -Could the activity significantly affect . " ; . ' fish, wildlife or plant life? . • ' •. . _ ', _ ±_ 10. Are there any rare or endangered plant . •• ^ species in the activity area? • -. • ti __' _____ •' _ _ 11. Could the activity change existing features . ' of any of the city's lagoons, bays, or •• tidelands? • x Yes N 12. Could the activity change existing features of any of the City's beaches? 13. Could the activity result in the erosion or elimination of -agricultural lands? • • 14. Could the activity serve to encourage . development of. presently undeveloped • . areas or intensify development of already " •• . developed areas? ^ _ ' X .• . • 15. Will the activity require a variance from ' • established environmental standards (air, water, noise, etc)? • __ ,_ . x 16.Will the activity require certification, Co4^;-- 'authorization or issuance .of a permit (k*~>^f by any local , jS±ai£. or Federal' en- ••'• 'vironmental control agency? • 17. Will the activity require issuance of a variance or conditional use permit by the City? • 18. Will the activity involve the application,' • use..,' or ''disposal or potentially hazardous materials? _ _ _ 19. Will the activity involve construction of facilities in a flood plain? • _ X 20. Will the activity involve construction. of facilities on a slope of 25 per cent • ' • or greater? '• • 'm _ . _ _ 21. Will the activity involve construction of facilities in the area of an active • • fault? . _ x •22. Could the activity re suit in the. generation of significant amounts '• . y of noise? *. _ _ _ 23. Could the activity result in the gen- eration of significant amounts of dust?"'' _ X 24. Will the activity involve the burning of brush, trees a or other materials? t '• ^ X 25. Could the activity result in a significant change in the quality of any' porti on ''./jf/the region's air or water resources? •'•'•(Should note surface, ground wafer, of f -sho're-) '. . _ X 1Jil Njo 26. Will tWre be a' significant chas^b to existing land form? • • . X •i (aj/ indicate estimated grading to be ,~—-^ done in cubic yards . 0 ._ <? (b) percentage of alteration to the present land form. 0 (c) maximum height -of cut or fill slopes. 0 27. .17111 the activity rosy It, in substantial increases in the use of utilities, sewers, drains or streets? • x III. State of No Significant Environmental Effects . '• • If you have answered yes to one or more'of the questions in Section II, but youthink'the activity will have no significant enviro- mental effects, indicate your reasons, below: (4) Only a. few people reside in.the area and displacement may only be from old to new residences. IV. Comrnents or Elaborations to Any of the Questions in Section II ~(Tf additional space is needed for answering any-questi ons, attach a'ddition'al sheets as may -be needed.) • 0 Signature: (Person completing.report) Date -signed: •_ ' / ' ' ' ' ' ' '_• • . .'•'.•• V. . Conclusions (To be completed by the Planning Director) Place a check in the appropriate box. Further information is required. [] It has been determined that the project will not have significant environmental effects. [] It has been determined that the project could have significant environmental effects. An environmental impact statement must be submitted b-y the following date,___ ' . BY: . • PLANNING DIRECTOR (Or Representative) Date Received: . ' . . • . • ' '• , S,| ,J» .• •, ' .. .-x-5,"^:->';;<! ••• •-..;/':•;.\\-- ^.^'.-A.J' '-'£v . > Y-- '-. ',, i •- : .. /r," - / V. —" " 'I -•• "•,:—.— r^~\ -." ••'-'-- -i ' __ _ _ _ _ _ .I - • -"• ------ - %~;J >. i•••^r:-;^^-,'---T^A^c^v.;.'"'v -^': ••\$\^\^'-\,^\ \•#A{. 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APPLICANT: JAMES BEAR. 5 8 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 28 29 30 31 32 WHEREAS, the Planning Commission of the City of Carlsbad did receive a verified application from JAMES BEAR requesting approval of a tentative subdivision map (CT 72-37) to allow a 42 unit condominium project on 1.25 acres of land, generally located on the east side of Carlsbad Blvd., south of Sequoia Avenue, more particularly .described as: All those portions of Lots 3 thru 8 Block "I", Map of Palisades Map No. 1747 and Portions of Block "W" Palisades No. 2, in the City of Carlsbad, County of San Diego, State of California. WHEREAS, the Planning Commission did consider the Final Environmental Impact Report (EIR-112) for this project and approved same, as presented, and; WHEREAS, the Planning Commission did find that the subject tentative map does substantially comply with the City of Carlsbad Subdivision Regulations and the State of California Subdivision Map Act; and, WHEREAS., the Planning Commission does find that the provisions for design and improvements of this tentative map are consistent with the General Plan of the City of Carlsbad, and; WHEREAS, the Planning Commission is recommending Park-In-Lieu fees for this project, for the following reasons: 1. The adopted General Plan does not provide for a park site on the subject property. 2. Parks Ordinance requires fees for subdivisions with less than 50 lots. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Carlsbad, that it does hereby recommend approval to the City Council of the herein described Tentative Map (CT 72-37) subject to the fulfilirert of the following conditions: 1. The development of the property described herein shall := subject to the restrictions and limitations set forth herein which ;/••= in addition to all requirements, limitations and restrictions :- ~I1 municipal ordinances and State and Federal statutes now in r:~re, or which, hereafter, may be in force for the purpose of prese-v-'-e tne residential characteristics of adjacent properties. 8 of compliance to the City Council school policy. 9 10 18 20 21 22 26 27 28 29 30 31 3 2. Prior to consideration of the Final Map and Improvement Plans, a grading and plot plan of the tract with all proposed dwelling units located thereon, and showing appropriate setback dimensions, shall be submitted to the Planning Department for approval to insure that adequate area requirements can be met. 3. The C.C.&R's for this development shall be submitted to the Planning Director for review and approval prior to the issuance of any building permits. 4. Park-in-lieu fees shall be granted to the City prior to approval of the Final Map. 5. Prior to consideration of this request by the City Council, the applicant shall submit to the Planning Department, written evidence 6. construction In order to provide for reasonable fire protection during the truction period, the subdivider shall maintain passable vehicular access to all buildings and adequate fire hydrants with required fire flows shall be installed as recommended by the Fire Department. 7. All public improvements shall be made in conformity to the City of Carlsbad Engineering Design Criteria and Standard Plan, the sub- division ordinance and other City standards, to the satisfaction of the City Engineer without cost to the City of Carlsbad, and free of all liens and encumbrances. Improvement plans for water and sewer system shall meet the requirements of the respective service districts. 8. All utilities, including provisions for cable TV shall be placed 12 13 14 15 16 underground and/or shall be completely concealed from view. 17 9. All land and/or easements required by this Ordinance shall be granted to the City of Carlsbad without cost to the City, and free of all liens and encumbrances. 19 10. Any extension and improvement of Chinquapin Avenue shall be on the basis of a 60 ft. right-of-way improved to the City Standards. n. if the extension of Chinquapin Avenue results in the necessary relocation of any utility facilities, it shall be the developer's • responsibility to pay for such relocation. 12. Carlsbad Blvd. shall be widened and improved to City standards. 13. The applicant shall be responsible for the cost of any modificatic 2 24 of the sewer pump facility to provide for the proposed development. 25 PASSED, APPROVED AND ADOPTED at an adjourned, regular meeting held on the 30th day of October, 1973 by the City of Carlsbad Planning Commission, by the following vote, to wit; AYES: Commissioners Oose, Casler, Little, Forman & Wrench NOES: None ABSENT: Commissioner Palmateer . • ABSTAIN: Commissioner Dominguez. 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 E. W. DOMINGUEZ, Chairman ATTEST: DONALD A. AGATEP, Secretary. -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 a 14 COen CO.3 8 15 S; < S S'Sil 16 = 5!^ 17 01 O o oc - Sz O en V o ° 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION 3270 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE MAP (CT 72-37), A 42-UMIT CONDOMINIUM ON 1:25 ACRES OF LAND, GENERALLY LOCATED ON THE EAST SIDE OF CARLSBAD BLVD. SOUTH OF SEQUOIA AVENUE. (JAMES BEAR) WHEREAS, on the 30th day of October, 1973, the Carlsbad City PIanning'Commission adopted Resolution No. 983, recom- mending to the City Council that Tentative Map (CT 72-37) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on the 20th day of November 1973, considered the recommen- dation of the Planning Commission; and WHEREAS, said Tentative Map has complied with the requirements of the "City of Carlsbad Environmental Protection Ordinance of 1972" in that an environmental impact report has been prepared and accepted by the Planning Commission and the Ci ty Counci1 ; 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 Tentative Map (CT 72-37) is hereby approved, subject to the execution and/or fulfillment of the following conditions: 1. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all 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. Prior to consideration of-the Final Map and Improvement Plans, a grading and plot plan of the tract with all proposed dwelling units located thereon, and showing appropriate setback dimensions shall be submitted to the Planning Department for approval to insure that adequate area requirements can be met. 3. The C.C.& R's for this development shall be submitted to the Planning Director for review 2 and approval prior tothe issuance of any building j permit. 3 Ij! 4* Park-in-lieu tees shall, be granted to the 4J City prior to approval of the Final Map. j 5 ij 5. Prior to consideration of this request by ji the City Council, the applicant shall submit to 6 | the Planning Department, written evidence of i compliance to the City Council school policy. 7 j . j &. In order to provide for reasonable fire 8i protection during the construction period, the subdivider shall maintain passable vehicular 9 access to all buildings and adequate fire hydrants with required fire flows shall be installed as 10 recommended by the Fire Department. 11 7. All public improvements shall be made in conformity to the City of Carlsbad Engineering 12 Design Criteria and Standard Plan, the subdivision I ordinance and other City standards, to the satis- 13 faction of the City Engineer without cost to the City of Carlsbad, and free of all liens and 14 encumbrances. Improvement plans for water and sewer system shall meet the requirements of the 15 respective service districts 16 8. All utilities, including provisions for cable TV shall be placed underground and/or shall be 17 completely concealed from view 18 9. All land and/or easements required by this Ordinance shall be granted to the City of Carlsbad 19 without cost to the City, and free of all liens and encumbrances. 20 10. Any extension and improvement of Chinquapin 21 Avenue shall be on the basis of a 60 ft. right-of- way improved to the City Standards. 22 11. If the extension and improvement of Chinquapin 23 24 25.. to City Standards 26 13. The applicant shall be responsible for the cost 27 28 29 30 31 32 Avenue results in the necessary relocation of any utility facilities, it shall be the developer's responsibility to pay for such relocation. 12. Carlsbad Boulevard shall be widened and improved of any modification of the sewer pump facility to provide for the proposed development. 14. Lot #3 shall be dedicated for private open space. 15. A public hearing shall be held prior to approval of the Final Map regarding vacation of Chinquapin Avenue. -2- w 16. A twenty (20) foot public access easement shall be dedicated to provide beach access from Chinquapin Avenue to Carlsbad Boulevard through subject property. '6\\ C. That said Tentative Map together with the provisions£.. ii ii for its design and improvement and subject to the above conditions 6 8 10 11 12 13 14 DAVID M. DUNNE, Mayor 15 ATTEST: 16" 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 is consistent with all applicable general and specific plans of the City of Carlsbad. PASSED,. APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 20th day of November, 1973, by the following vote, to wit: AYES: Councilmen Dunne, McComas , Lewis, Chase and Frazee. NOES: None. ABSENT: None. MARGARET E. ADAMS, City Clerk (SEAL) -3-