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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. 1 2 3 4 5 6 7 8 9 10 11 o 12 .1 1 13 cc <£ en ""- ° < n /iO a. ^ | 14 g° ig O > > O2 t < u- 15m O 5 J -1-0 - • 15£ I 8 Q 16 III 17 o H O 18 19 20 21 22 23 24 25 26 27 28 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 COCO4 ^m U 8 d > H o 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. JT; ' *' 1 2 3 4 5 6 7 8 . 9 10 11 12O CO !3 § 13 ^ < o> o " - | 14 § ° g <£ O i_ 5 U. 1C03 5 5 -^^ • § 5 £ | 8 Q 16lil Z CN << £§"8 >£ 5 17 > 0 i5 18 19 20 21 22 23 24 25 26 27 28 >«*> •' C.^ 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? /ffT^' ^ r jS*^ / ^^^ S /? ^^ ( *!*-£ .'*• — -• J^ S^-*£^r'~' **T 'RONALD C. PACKARD, Mayor ATTEST: /^"7 * u? /*//'(/ /itf/£4-fcw.fy £ • C'/ sC6f-72"&;' MARGARET E. ADAMS, City Clerk* / (SEAL) 3.