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HomeMy WebLinkAbout1977-04-05; City Council; Resolution 5030. *- 1 2 3 4 5 6 7 8 9 10 11 19 20 21 22 23 24 25 26 27 28 5030 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE MAP (CT 77-1) FOR A 15-UNIT, 1-LOT CONDOMINIUM PROJECT, WITH RECREATIONAL FACILITIES, ON APPROXIMATELY ONE ACRE OF PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF JEFFERSON STREET BETWEEN LAGUNA DRIVE AND BUENA VISTA AVENUE. APPLICANT : JOHN MC XEAND . WHEREAS, on February 23, 1977 the Carlsbad City Planning Commission adopted Resolution No. 1330 recommending to the City Council that Tentative Map (CT 77-1) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on March 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- ation has been prepared and filed in compliance with the require- ments of the City of Carlsbad Environmental Protection Ordinance of 1972; NOW, THEREFORE, BE IT RESOLVED by the City Council of 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. 1330 constitute the findings of the City Coi the ncil 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 while such facilities are avail- able to the site as of the date of this approval, they may not be available when applications are made for building permits. The I . s- 1 2 3 4 5 6 7 8 9 10 11 19 20 21 22 23 24 25 26 27 28 City Council will, by inclusion of an appropriate condition to this Tentative Map approval, insure that building permits will not issue unless sewer service is available. Since the project can not develop until sewer availability is insured, the 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 Map, together with the 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 Map (CT 77-1) is hereby approved subject to all applicable requirements of the Carlsbad Municipal Code and to the satisfaction of the following conditions: 1. 2. 3. 4. 5. 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 13, 1977. The final map shall be completed within eighteen months from the date of'the City Council action on the Tentative Map. Two extensions of one year each may be approved by the City Council upon staff review of the original decision. All public improvements shall be made in conformity with 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 encum- brances. In order to provide for reasonable fire protection dur- ing the construction period, the subdivider shall main- tain passable vehicular access to all buildings, and adequate fire hydrants with required fire flows shall be installed as recommended by the Fire Department. All land and/or easements required shall be granted to the City of Carlsbad without cost to the City and free of all liens and encumbrances. No easements shall be recorded prior to recordation of the final map unless 2. 20 21 22 23 24 25 26 27 28 6. 7. 8. 9. 10. 11. 12. approved by the City Engineer. The improvement and grading plans shall include a report of a geological investigation and a complete grading plan of the entire site, when required by the City Engineer. The report and plan shall be prepared by civil engineers licensed by the State of California and experienced in erosion control, who shall be acceptable to the City Engineer. They shall certify that they have investigated the site and prepared data with full consideration of the consequences to the included and neighboring properties and in conform- ance with the Geologic and Seismic Safety Element of the General Plan. Storm drainage collected within the improved surface of the proposed condominium project shall be directed to the Lagoon through a closed conduit drainage system. An onsite fire hydrant shall be installed as required by the Fire Marshall, and served by a public waterline extension. A secured improvement agreement shall be executed and a 15-fOOt wide public waterline easement shall be dedicated as follows: (a) If the site plan is finalized and the hydrant location is determined prior to the recordation of the final map, then the easement shall be dedicated on the final map and the agreement shall be executed prior to approval of the final map. b. If the site plan is not finalized and the hydrant location is not determined, then the easement and agreement shall be processed after final map recordation and prior to building permit issuance under the provisions of Chapter 14.40 of the Carlsbad Municipal Code. The existing driveway opening in the lot frontage shall be removed and a 24-foot driveway opening shall be installed, according to City of Carlsbad standards, at the entrance to the proposed joint driveway. Prior to or concurrent with recordation of the final map, an irrevocable offer of dedication shall be made of a 24-foot public access easement covering the joint driveway. All mature vegetation onsite will be retained to the satisfaction of the Parks and Recreation Director. A landscape and sprinkler system plan shall be submitted to the Parks and Recreation Director for evaluation and approval prior to recordation of the final map. Land adjacent to Buena,Vista Lagoon that is necessary 3. 1 2 3 4 5 6 7 8 9 10 11 18 19 20 21 22 23 24 25 26 27 28 + 0 - for public access along the shoreline, as determined by the Parks and Recreation Director, shall be dedicated for park purposes prior to or concurrent with final map recordation. The applicant shall submit to the Parks and Recreation Director a survey plat of this park dedication. The dedication shall be in proper alignment with the previously dedicated portion from the property adj acent to the north. 13. 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. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 5th day of Hpri 1 I 1977, by the following vote, to wit: AYES: Councilmen Frazee, Skotnicki, Packard and Councilwoman Casler. NOES: Councilman Lewis. ABSENT: None. # RflBmT c. FRAZEE, May& ATTEST : e MARGARET E. NORA K. GARDINER, Deputy City Clerk ( SEAL ) 4.