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HomeMy WebLinkAbout1985-06-04; City Council; Resolution 8040RESOLUTION NO. *040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING WITH CONDITIONS A 73 LOT TENTATIVE MAP CT 85-5 ON 23.6 ACRES OF PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF MISSION ESTANCIA, SOUTHERLY OF THE PROPOSED LA COSTA AVENUE, MISSION ESTANCIA INTERSECTION. APPLICANT: SANTA FE KNOLLS CASE NO.: CT 85-5 ~ -~ __ WHEREAS, on April 24, 1985, the Carlsbad Planning Commission adopted Resolution No. 2431 approving tentative tract map CT 85-5; and WHEREAS, the City Council on May 21, 1985 held a public hearing to consider the recommendations and heard all persons interested in or opposed to tentative tract map CT 85-5; and WHEREAS, said Tentative Tract Map has been declared to have a nonsignificant impact on the environment and a Negative Declaration dated April 8, 1985 was prepared, approved and filed by the Planning Commission on April 24, 1985 in compliance with the requirements of the City of Carlsbad Environmental Protectio Ordinance of 1980 and the California Environmental Quality Act; ; and, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: A. That the above recitations are true and correct. B. That the findings of the Planning Commission in Resolution No. 2431 constitute the findings of the City Council in this matter. C. That tentative tract map CT 85-5 together with the provisions for its design and improvement and subject to the conditions of this resolution, are consistent with all applicabll general and specific plans of the City of Carlsbad. 1 2 3 4 5 6 7 e 9 1c 11 1% t I€ 1s 2c 21. 22 2: 24 2E 2E 27 2E 0 to all D. That subdivision CT 85-5 is hereby approved subject ppli able requirements of the Carlsbad Municipal Code and to the satisfaction of the conditions contained in Planning Commission Resolution No. 2431 dated April 24, 1985 marked Exhibit A attached hereto and made a part hereof with the addition of condition 24(a) and the revision of condition 11 to read as follows: 24(a). The applicant shall be required to construct a permanent fence separating the identified riparian woodland from the developable area of the project prior to occupancy of any unit to the satisfaction of the Land Use Planning Manager. The fence will function to inhibit access to the riparian area, thereby promoting its preservation, 11. The final map shall include an open space maintenance easement to the Homeowner's Association for maintenance of slopes on lots 142 - 155 inclusive and lots 200 tc 207 inclusive to the satisfacton of the Land Use Planning Manager, The slopes shall be maintained by the Homeowner's association, The CC&R's for this project shall reflect the maintenance obligation and provide that the City shall have the right but not the obligation to enforce it. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California on the 4th day of June , 1985 by the following vote, to wit: AYES: Council Mmbers Casler, Kulchin and Chick NOES: Council mrs Lewis and Pettine ABSENT: None ATTEST: MARY H. &/CASLER, Mayor ALETHA L. RAUTE