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HomeMy WebLinkAbout1977-07-05; City Council; Resolution 51351 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 18th day RESOLUTION NO. 5135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS AN EXTENSION OF TENTATIVE MAP CT 75-8 FOR A ONE- LOT, 22 UNIT CONDOMINIUM PROJECT ON PROPERTY LOCATED AT THE SOUTHWEST CORNER OF PINE AVENUE AND WASHINGTON STREET ADJACEPJT TO THE ATslSF MILROAD RIGHT-OF-WAY. APPLICANT: REGAN CONSTRUCTION WHEREAS, the City Council of the City of Carlsbad on the of November, 1975 adopted Resolution No. 3786 approving with conditions tentative map CT 75-8; and WHEREAS, the findings of the Planning Commission in Resolution No. 1197 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 will, by inclusion of an appropriate condition to this Tentative Subdivisio Map approval, insure that the final map will not be approved un- less the City Council finds that sewer service is available to serve the project. In addition, the City Council will add a con- dition that a note be placed on the final map providing that building permits may not be issued for lots in the subdivision unless the City Engineer determines that sewer service is avail- able. Since the final map cannot be approved unless sewer service is available, and building cannot occur within the sub- division 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. WHEREAS, the subdivider has requested a one-year extensio of such map, from May 18, 1977 to May 18, 1978; and WHEREAS, the City Council has determined to extend such + 1 L 5 c 4 C 6 r 1 E 5 1( 11 1; 1: 1f If 1t 17 1€ 15 2c 21 22 2: 24 25 26 27 2e 29 3c 31 32 map : 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 Tentative Map CT 75-8 is hereby extended, subject to the execution and/or fulfillment of all the conditions of Resolution No. 3786 and the following conditions: 1. This subdivision is approved upon the express con- dition 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, 2. This subdivision is approved upon the express con- dition 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. 3. any further approvals as may be necessary in connection with such plan for the allocation of sewer service among 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 Subdivision Map approval. This Tentative Subdivision Map shall be subject to C. That said Tentative Map extension, together with the provisions for its design and improvement, is consistent with all applicable General and Specific Plans of the City of Carlsbad. xx -2- I PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 5th day of July , 1977 by the following vote, to wit: AYES : Councilmen Frazee, Lewis, Packard, Skotnicki NOES : None and Councilwoman Casler ABSENT : None ATTEST : ROBERT C. FRAZEE, wyor (SEAL)