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Home My WebLink About1977-04-19; City Council; 5016-1; 1-Lot 6-Dwelling Condominium ProjectC CITY OF CARLSBAD AGENDA BILL NO. 5Q16 - Suppleingni- #1 Initial: Dept.Hd. DATE: April 19, 1977 C. Atty.Vf/S DEPARTMENT: City Attorney c* Mgr. Subject: ApPROVAL OF A 1-LOT, 6-DWELLING UNIT CONDOMINIUM PROJECT APPLICANT: S & L ENTERPRISES - CASE NO. CT 77-^4 Statement of the Matter The City Council at your meeting of April 5, 1977 directed the City Attorney to prepare the necessary documents approving Tentative Map (CT 77-4). In accord with Council's direction, a new finding and condition regarding sewer availability have been added to those-matters recommended by the Planning Commission. The resolution has been redone to incorporate the finding and conditions regarding sewers in accord with Council's direction Exhibit of April 26, 1977. Resolution No. Recommendation If the Council desires to approve Tentative Map (CT 77-4), your action is to adopt Resolution No. jtfff.jf^ Council action 4-19-77 The matter was continued to the adjourned regular meeting to beheld April 26, 1977. 4-26-77 The City Attorney was instructed to prepare the documents necessary for approval of CT 77-4 to include the findings of Option No. 3 as outlined in the City Attorney's memorandum dated April 25, 1977; further, that any future allocation of capacity rights be subject to such allocation plan or plans as may be passed by Council at some subsequent time. 5-3-77 Resolution #5053 was adopted, approving with conditions tentativemap for CT 77-4. o eooo co o> ££ o a < ?: u m 2 o 1 2 n.\j RESOLUTION NO.5053 6 7 10 11 12 13 §fe|i 14 iM? 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE MAP (CT 77-4) FOR A ONE-LOT, SIX-DWELLING UNIT CONDO- MINIUM PROJECT ON A LOT APPROXIMATELY 13/000 SQUARE FEET IN SIZE GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF MAPLE AVENUE AND CARLSBAD BOULEVARD. APPLICANT; S & L ENTERPRISES. WHEREAS, on March 9, 1977 the Carlsbad City Planning Commission adopted Resolution No. 1339 recommending to the City Council that Tentative Map (CT 77-4) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on April 5, 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 Declaration 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. 1339 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, sewer service may be available in the future. The City Council • • c. CQ _: <5 CM CENT F. BIONDO. JlRNEY - CITY OF Cf1200 ELM AVENUEBAD, CALIFORNIA £It 3> I- c J 5 H U 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 C 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 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 77-4) is hereby approved subject to all applicable requirements of the Carlsbad Municipal Code and to the satisfaction of the following conditions: 1. 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 January 31, 1977, on file in the Planning Department and incorporated by reference herein. 2. Park-in-lieu fees shall be paid to the satisfaction of the Parks and Recreation Director prior to final map approval. 3. A landscape and irrigation plan shall be approved by the Parks and Recreation Director prior to the issuance of building permits and all landscaping and irrigation 2. " >" X" - ^1 2 3 4 5 6 7 8 9 10 11 12o< 3 1 13 * < 8 isli 14 ^ r- rf U- T K m O 5 ^ g | 8 o- 16 O <c - aH Z iv< < i ° isv^ 19 20 21 22 23 24 25 26 27 28 C ' O will be installed prior to final occupancy. 4. No vehicular access shall be permitted along Carlsbad Boulevard. 5. 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. 6. 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. 7. 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. 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. 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: Council men Frazee, Packard, Skptnicki and Councilwoman Casler NOES: Councilman Lewis ABSENT: None \/) . s '\6rfaJ( (L^0*4e^££ . ROBERT C . FRAZEE , ^jJayor ATTEST : ^^^^Jj 1 jy ^^^^} ^^ ^F f Ji / f^I ^r ^^fJwf ^^^J J^ m .Si Jtf jf .^to&t^^f -^^ MARC5ARJET E. ADAMSV City Clerk (SEAL) 3.