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HomeMy WebLinkAbout1977-05-17; City Council; Resolution 5085r-. 1 2 3 4 5 6 7 e 9 1c 11 12 0 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 5085 A RESOLUTION OF THE CITY COUXCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE MAP (CT 77-6) FOR A 12 LOT 11 DWELLING UNIT DEVELOPMENT GENERALLY LOCATED ON THE SOUTH SIDE OF CHESTNUT BETWEEN HIGHLAND AND ADAMS. APPLICAMT: R. J. BRYAN. WHEREAS, on April 13, 1977, the Carlsbad City Planning Commission adopted Resolution No. 1354 recommending to the City Council that Tentative Map(Cf 77-6) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on May 3, 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. 1354 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 1 I 1 ! 1( 1: 1: 0 d 0 1E 1: 2c 21 22 22 24 25 26 27 28 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 conditions of this resolution, is consistent with all applicable general and specific plans of the City of Carlsbad. D. That Tentative Map (CT 77-6) is hereby approved subject to all applicable requirements of the Carlsbad Yunicipal Code and to the satisfaction of the following conditions: 1. 2. 3. 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 April 5, 1977, on file in the Planning Department and incorporated by reference herein. Park-in-lieu fees shall be paid to the City prior to approval of the final map. No credit shall be given for the open space or recreational facilities provided by this development. A 30 foot offer-of-dedication shall be made to the City along the westerlv and southerly boundaries of . b V c u 18 19 20 21 22 23 24 25 26 27 28 I ~ ~ this tract prior to, or concurrent with, final map approval. 4. All necessary hydrants as required by the Fire Depart- ment shall be in service prior to combustibles being placed on site. 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 subdivisio 6. This subdivision is approved upon the express condition that building permits will not be issued for developmen 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 amon 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 Sub- division Map approval. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 17th day of May , 1977 ~ by the following vote, to wit: AYES : Councilmen Frazee, Packard and Councilwoman Casler NOES : Councilman Lewis ABSENT: Councilman Skotnicki ATTEST : I (SEAL) I 3.