HomeMy WebLinkAbout1977-05-03; City Council; 5030-1; Pelican Properties- 48 Unit 1 lot Subdivision9 /w
CITY OF CARLSBAD
AGENDA BILL NO. 5030 - Supplement 1
DATE: May 3, 1977
DEPARTMENT: City Attorney
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APPROVAL OF A TENTATIVE TRACT MAP TO PROVIDE A 48 UNIT, 1 LOT AIR SPACE SUBDIVISION
Statement of the Matter
The City Council at your meeting of April 26, 1977, directed
the City Attorney to prepare the necessary documents
approving Tentative Map (CT 77-5). The resolution approving
the Tentative Map contains a new finding regarding sewer,
and three conditions in that regard, in accord with Council's
direction. These matters should be reviewed to insure
that they carry out the Council's intention.
Exhibit
Resolution No. <*T<0r approving Tentative Map (CT 77-5)
Recommendation
If the Council desires to approve Tentative Map (CT 77-5)
your action is to adopt Resolution No.
Council action
5-3-77 Resolution #5069 was adopted, approving with conditions tentative
map for CT 77-5.
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RESOLUTION NO.5069
•A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING WITH CONDITIONS TENTATIVE
MAP (CT 77-5) FOR A 48 UNIT, ONE LOT
CONDOMINIUM SUBDIVISION, GENERALLY
LOCATED ON THE SOUTH SIDE OF WALNUT
AVENUE BETWEEN LINCOLN STREET AND
WASHINGTON STREET. APPLICANT: PELICAN
PROPERTIES, INC.
WHEREAS, on March 23, 1977 the Carlsbad City Planning
Commission adopted Resolution No. 1348 recommending to the City
Council that Tentative Map (CT 77-5) be conditionally approved;
and
WHEREAS, the City Council of the City of Carlsbad, on April 26
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 Declar^io
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. 1348 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,
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sewer service may be available in the future. The City Council
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 the 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 '
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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 Subdivision Map (CT 77-5) 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
February 9, 1977, on file in the Planning Department
and incorporated by reference herein.
2. Park-in-lieu fees will be required to the satisfaction
of the Parks and Recreation Director prior to final
map issuance.
3. Ornamental street lighting shall be provided for as
required by Municipal Ordinance. The developer shall
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deposit cash in-the amount necessary to energize said
street lights for an 18 month period after construction,
to permit the incorporation of the subdivision into a
maintenance district.
4. Half street frontage improvements based on a 30 foot
half street section, shall be installed on Lincoln
Street and Walnut Avenue.
5. Washington Street shall be improved to a special section
along the property frontage, having a 28 foot curb
to curb dimension (no parking) and a standard sidewalk.
A walkway easement for the sidewalk shall be dedicated
on the final map.
6. Twenty foot radius property line returns shall be dedicatee
on the final map at the intersection.
7. The proposed storm drain is not specifically approved as
shown, but shall be installed according to the approved
improvement plans.
8. On site fire hydrants, if any, shall be provided as
required by the Fire Marshal. They shall be served
by public water line extensions having an alignment and
capacity approved by the Fire Marshal and City Engineer.
Twelve foot water line easements shall be dedicated and
construction shall be guaranteed by bond or cash deposit
prior to issuance of building permits.
•*" ~-*-*9. 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.
10. 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.
11. 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 Ccuncil 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.
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W •
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on th^ 3rd day of May , 1977
by the following vote, to wit:
AYES: Councilmen Frazee, Packard, Skotnicki and
Counci Iwoman Casler
NOES: Councilman Lewis
ABSENT: None
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ROBERT C. FRAZEE, May«f ~
ATTEST :
// /6>tjMj>Jp lf-/^/^L^^L^
MAtfGAH^T E. ADAMS', (City Clerk
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