HomeMy WebLinkAbout1978-05-02; City Council; 5396-1; 16 Unit Condominium- Pearlman/O'HaraCITY OF CARLSBAD
AGENDA BILL NO. 5396-Supplement #1 _ __ Initial:
Dept.Hd.
DATE: --- Mav_2^1_978 ----
DEPARTMENT: City Attorney __ C. Mgr.
Subject: CT 77-14 - Approval of one lot 16 unit condominium
Applicant: Pearlman/0'Hara
Statement of the Mat-bar
The City Council, at your meeting of April 18, 1978, directed
the City Attorney to prepare the necessary documents approving
Tentative Map (CT 77-14). The findings of overriding con-
siderations required by SB-201 have been included in the
resolution. The resolution approving the Tentative Map is
attached.
Exhibit
Resolution No.
Recommendation
If the City Council concurs, your action is to adopt
Resolution No. **r4£3 approving Tentative Map (CT-77-14)
Council action
5-2-78 Resolution #5403 was adopted, approving with conditions
tentative map for Carlsbad Tract 77-14.
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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
SAN MARCOS CANYON. APPLICANT: SAMUEL W.
PEARLMAN/MICHAEL 0 ' HARA.
WHEREAS, on March 8, 1978, the Carlsbad City Planning
Commission adopted Resolution No. 1437 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;
NOV7, 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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1 City Council, would benefit the City, thereby
justifying the approval of the subdivision.
2 ', This finding is based upon the fact that the
developer has entered into agreements with the
3 affected School Districts to contribute financially
toward meeting the school needs. The School
4 j Districts have advised the City Council that they
wish to honor these agreements and that they con-
5 sider this project to be exempt from their
resolutions of overcrowding. The Council is
6 satisfied that the developer's agreement to
contribute, and the School District's request for
7 exemption, justify the overriding findings.
8 C. That said Tentative Subdivision Map, together with the
9 provisions for its design and improvement and subject to the
10 conditions of this resolution, is consistent with all applicable
11 general and specific plans of the City of Carlsbad.
12 D. That Tentative Map (CT 77-14) is hereby approved subject
13 to all applicable requirements of the Carlsbad Municipal Code
14 and to the satisfaction of the following conditions:
15 1. Approval is granted for the land described in the
application and any attachments thereto and as
16 shown on the Tentative Map submitted, labeled
Exhibit B, dated January 26, 1978, as amended to
17 indicate three phases instead of 3 lots, on file
in the Planning Department and incorporated by
18 reference herein.
19 2. The project may be constructed in phases. Phase One
shall be constructed first, with either Phase Two
20 or Phase Three next.
21. 3. A standard handicapped ramp shall be provided in
the existing sidewalk across from the southeasterly
22 corner of Gibraltar Street and Romeria Street.
23 4. All units shall be served with independent utility
systems and be separately metered. This shall be
24 accomplished prior to approval of final map.
25 5. A recreation and landscape plan is to be approved
by the Planning Director in consultation with the
26 Parks and Recreation Director that includes
recreational uses such as picnic tables, usable
27 open areas and some form of active recreational
facilities. This recreation and landscaping
28 shall be fully installed prior to approval of the
2.
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occupancy of the units.
6. 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.
7. Water service shall be provided by Carlsbad Municipal
Water District (CMWD) . The applicant shall comply
with the rules and regulations of the CMWD regarding
water service to condominiums.
8. 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 r 1978
by the following vote, to wit:
AYES: Councilmen Packard, Skotnicki, Anear and
Councilwoman CaslerNOES: None
ABSENT: None S^'^ J ->-""> ? y?
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'RONALD C. PACKARD, Mayor
ATTEST:
/^"7 * u? /*//'(/ /itf/£4-fcw.fy £ • C'/ sC6f-72"&;'
MARGARET E. ADAMS, City Clerk* /
(SEAL)
3.