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Home My WebLink About1980-09-02; City Council; Resolution 62941 2 3 4 5 6 7 e 9 1c 11 2( 21 2: 2: 2: 2t 2‘ 2t I RESOLUTION NO. 6294 A =SOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS TENTATIVE SUBDIVISION MAP (CT 80-18) FOR 3 LAND LOT AND 2 AIRSPACE LOT DIVISIONSONPROPERTY GENERALLY LOCATED ON THE hXST SIDE OF HARDING STREET BETWEEN AVOCADO LANE AND CAMELLIA STREET. APPLICANT: BLANKENSKIP. WfiEREAS, on July 23, 1980 the Carlsbad Planning Commission adopted Resolution No. 1670 recommending to the City Council that Tentative Subdivision Map (CT 80-18) be conditionally approved; and WEREAS, the City Council of the City of Carlsbad, on Augustil9, 1980, held a public hearing to consider the recommendations of the Planning Commission and to receive all recommendations and hear all persons interested in or opposed to Tentative Subdivision Map (CT 80-18) ; and WHEREAS, said Tentative Subdivision Map has been declared to hav? a nonsignificant impact on the environment and a Negative Declaration has been prepared and filed in compliance with tlhe requirements of the City of Carlsbad Environmental I Protedtion Ordinance of 1972; NOW, THEFtEFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: I I A. That the above recitations are true and correct. B. That the findings of the Planning Commission in Resolution No. 1670 constitute the findings of the City Council in this matter. C. That said Tentative Subdivision gap, together with the provisions for its design and improvement and subject to 0 0 the conditions of this resolution, is consistent with all applicable general and specific plans of the City of Carlsbad. D. That Tentative Subdivision Map (CT 80-18) is hereby approved subject to all applicable requirements of the Carlsbad Municipal Code and to the satisfaction of the conditions contained in Planning Commission Resolution No. 1670, marked Exhibit A, attached hereto and made a part hereof, and subject to the following additional condition which has been added to Resolution No. 1670: "11. Condominium development for the two airmace lots shall not occur until a Condominium Permit is approved I for such development. " PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the 2nd ~ day Of SeDtember , 1980 by the following vote, to wit: +YES: NOES : None Council Members Packard, Casler, Anear, Lewis and Kulchin I ATTEST : -2- WHE Lot Of the be5 XC?C ias beer ’ianninc WEII 2s prov: Wflf July, l! law .to WH: all tes be hear the Ten , NO Coinmiss A) Th 13) Th - th th Findinc l) Tl Il- PI I” EXHI@ A TO CITY COUNC~L RESOLUTION NO. 6294 Z’LANIU’IIU‘G - COMMISSION .”.I-- RESOLUTION NO a 1670 .e A RESOLUTIOT\;r OF THE 3LANNING CO%9ISSION 3F’ THE APPROVAL OF A TENTATIVE SUBDIVISION MilP FOR LOCATED ON THE WEST SIDE OF HARDING STREET APPLICANT : BLANKENSIIIP CASE NO: CT 80-18 CITY OF CARESBAD, CATJIFORNIA RECOMNENDING LAND AND AIRSPACE DIVISIOK’ ON PROPERTY GENERALLY BETWEEN AVOCADO LANE AND CAMELLIA STREET EM, a verified application for certairz property to wit: 1 of Parcel Map 428 in the City of Carlshd, County ala Diego, State of Caiifornia, filed in the Office of County Recorder of January 20, 1971, as file No. 11429 g a portion of Lot A, of Brentwood Village Map No, 4369 rdcd October 15, 1959. filed with the City of Carlsbad, and referrcd to the \. Commission; and .EAS, said verified application const.j-tutes a request led by Title 21, of the Carlsfijad Municipal Code; and :EAS, the Plannifig Conmissj-on did, oil the 23yd day of ICJ hold a duly notice3 public hezring as prescrj-bed by msider said request; and ?EAS at said public hearing I upon hearing and ccnsidering Lmony and arguments, if any, of a.3.f persons desiring’ to said Coinmission considered all factors relating to 3tivc Tract Map. ‘. I T!IEREFOR3r BE ZT HEREBY RESOLVED by the Planning 3n as folPows: t the above recitations are true and correct. t based on the evidence presented at the pEblic hearing, Coirimission recommends APPIlOVAL, of GT 80-1.8, based on following findings and subJect to thc following conditions t the subdivi sion is consistent wit11 t?ie city’s general n bccauqe .the proposed density xc)uld conform to the Y \ I ..,* 2 city 'I s lan6-l;se des'ignation of rzsidential medium density. Alsb~, as conditioned, 'the project is consistent with all other elements of the general plan, P ** "& B 5 '2) That thc site is physically suitable for the type and density of d vclopmcnt since the site is adequate in size and topography to accommodate residential development at the propbsed density and still meet all of the city s subdivision regiiClations. - ' 7 .% 9 3) That the project is consistent with all city public facility policies and ordinances since: The City of Carlsbad has allocated 4 edu's to accommodate development of the property. presently -served by the City of Carlsbad's Water District. The existing unit is School facilities wiil be provided by the Carlsbad Unified School District. Payment of park-in-lieu fees has been made a condition of approval, The applicant has agreed and is required by the inclusiox of an appropriate condition to pay a. public fzicilities fee. Performance of that contract and payment of the fee will enable this body to find that publ-ic facilities will be available concurrent with need ES required by the general plan, e) The Planning Commission has, by inclusion of an approp- 1 riate condition to this tentative subdivisi-on map ~ insured that the final map will not be approved unless the City Council finds that sewer service is availzble ~ to serve the project. In' addition, the Planning Commissioii has added a condition that a note be p?.aced on the fnal map that building permits will not be issued for the project 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 project unless'sewer service remains available, the Planning Conmission . is satisfied that the requirements of the public facilities element of the General Plan have been met insofar as they apply to sewer service for this tentative map approval. ! ,That the design of the subdivision and all required improve- ments will not cause any significant environmcntal impacts based on an initial study and field investigation of the Planning Director has issued a negative on July 17, 1980, Log No. 728. \ -2- 5) Thad the design of 'che subdivision and type of improvements wi1.4 not conflict wit11 easements for public use or public ace6;ss through the subject property. to This 6) Thai the subdivision hap satisfies all requirements of Tit1 20 and the Subdivision Map Act as referenced 5-n the staff yepdrt. serve, the subdivision. project is approved 2pon the express crcnditim'tfiat the 2 3) App4oval is granted for CT 80-18, as shown on Exhibit 24,- dated 7/1/80 and Exhibit B, dated 6/3/80, incorporated by reference and on file in the Planning Department, shaFi occur substantially as shown unless otherwise note6 in these conditions Thig project is approved upon the express ccnditioiz that buitding permits shall not be issued for development of the subgect property unless the City Engineer debennines that sewer facilities are available at the time of applica-'-i on for such sewer permits and wi.11 continue to be available anti3 time of occupancy. Developmen; 7) Ap$roval of this request shall not excuse compliance wj-th.211. seytions of the Zoning Ordinance and all other applicable cit ordinances in effect at time of Final Map approval. FOS all grading in excess of 100 cubic yards, the applicant shall receive the approval of thc City Engineer for a site grading plan arid obtain a grading permit. .S) . Grading Shall occu accordahc& with an approved grading and erosion contxol n and city standards. \w 0) \ I, _. -.-.A a. *2 3 ...4 lo) The and 5 applicant shall remove the existing concrete parking area replace eritk a 12' pved driveway in conformance with Planning on the $1 PASSED, APPECWED APJD .ADOPTED at a regular meeting of' the Comnission of the City of Carlsbad, Cclifornia, heid 23rd day of July, 1980, by the following votef tc wit: ATTEST: ~ CARLSBkD PLANNIKG ' CdMMISSION b .. * .I .. J