HomeMy WebLinkAbout1975-07-09; Planning Commission; Resolution 1161ll w *
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PLANNING COMMISSION RESOLUTION NO. 1161
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD , CALIFORNIA, RECOMMENDING APPROVAL OF THE TENTATIVE SUBDIVISION MAP REQUEST FOR 215 LOTS OVER 47 ACRES LOCATED ON THE EAST SIDE OF EL CAMINO REAL BETWEEN ELM AVENUE AND MARRON ROAD. CASE NO. CT 74-25, APPLICANT: LARWIN-SAN DIEGO, INC.
WHEREAS, pursuant to the provisions of the Municipal Code, the Plannir
Commission did on July 9, 1975 hold a duly noticed public hearing to consid
a request by Larwin-San Diego, Inc; and
WHEREAS, a verified application for a certain property, to wit:
A portion of Lot "J" in Rancho Agua Hedionda in the County of San Diego, according to partitition map thereof No. 823 filed with the San Diego County Recorder November 16, 1886, and further described in the files of the Carlsbad City Planning Department
has been filed with the City of Carlsbad and referred to the Planning
Commission; and
WHEREAS, said verified application constitutes a request as provided t
The "Carlsbad Municipal Code"; and
WHEREAS, the applicant has complied with the Public Facility Policy o-
City of Carlsbad and has provided the necessary information which insures
Public Facilities will be available concurrent with need; and
WHEREAS, the subject application has complied with the requirements 0'
City of Carlsbad "Environmental Protection Ordinance of 1972" because:
a) An Environmental Impact Report was prepared for the Master Plan 1 the proposed development in which the environmental impacts of t proposed project were described and mitigating measures identifil
b) There are no substantial changes in the proposed project from th Master Plan nor new environmental impacts not considered in the previous report; and
WHEREAS, the proposed map meets or performs the requirements or condi
of the "Carlsbad Municipal Code" or the Subdivision Map Act; and
WHEREAS, at said hearing a staff report was presented and all persons
desiring to speak on the subject request were heard. At the conclusion of
said hearing, after considering all the evidence presented, the Planning
Commission made certain findings and reached a decision on the request as
32 hereinafter set forth.
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NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
Carl sbad as f ol 1 ows:
A) That the above recitations are true and correct.
B) That the Planning Commission makes the following findings of facl
1 ) The proposed map is consistent with the General Plan becausc
a) it conforms with the Land Use designations of the Gener Plan;
b) the density of the proposed project (4.3 dwellings per conforms with the density designated in the General Pl? (4-1 0 dwell ings per acre) ;
c) it provides park and open space areas according to the guidelines of the General Plan.
2) That the design or improvement of the proposed subdivision . consistent with the applicable Specific Plan because:
a) it establishes lots, roads, public facilities and open spaces as designated in applicable specific plans.
C) That in view of the findings heretofore made and considering the applicable law, the decision of the Planning Commission is to apl Case No. CT 74-25, subject to the following conditions:
1) The Final Map shall be submitted for approval within eightel (18) months from the final action by the City Council on thl tentative subdivision map. The Final Map shall be in subst ial conformance of the tentative subdivision map known as Exhibit A, dated February 3, 1975.
2) The development of the property described herein shall be subject to the restrictions and limitations set forth herei which are in addition to all the requirements, limitations, and restrictions of all municipal ordinance and State and Federal statutes.
3) A1 1 pub1 ic improvements shall be made in conformity to the of Carlsbad Engineering Design Criteria and Standard Plans, Subdivision Ordinance and other City Standards to the satis faction of the City Engineer, without cost to the City of Carl sbad and free of all 1 iens and encumbrances.
4) A1 1 land and/or easements required by this Ordinance shall granted to the City of Carlsbad without cost to the City an free of all liens and encumbrances.
5) The improvement and grading plans shall include a report of geological investigation and a complete grading plan of the entire site, when required by the City Engineer. The repor and plan shall be prepared by a civil engineer licensed by State of California, and experienced in erosion control, wh shall be acceptable to the City Engineer. He shall certify that he has investigated the site and prepared data with fu consideration of the consequences to the included and neighboring properties and in conformance with the Geologic and Seismic Safety Element of the General Plan.
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6) Dedications of public streets shall include a waiver of dire access rights from lots shown on the final map as abutting t on, except at locations approved by the City Engineer.
7) In order to provide for reasonable fire protection during th construction period, the subdivider shall maintain passable vehicular access to all buildings and adequate fire hydrants with required fire flows and dry-stand pipes shall be instal prior to framing construction.
8) Park-In-Lieu fees shall be required for CT 74-25. Fees ($9, shall be paid prior to recordation of the Final Map for CT 7
9) Park Land/Open Space as indicated on the Master Development Plan (MP-5) , Exhibit C, dated June 19, 1975 and shown as Lot on CT 74-25, Exhibit A, dated February 3, 1975, shall be dedicated to the City concurrent with recordation of the Fin Map for CT 74-25.
10) The C.C.& R's for this development shall be submitted to the Planning Director for review and approval prior to the apprc of Final Map.
11 ) The Avedian Parcel (5 acres) and shown as Parcel A on Exhibi dated February 3 , 1975 shall be included within the boundari of the final Subdivision Map for CT 74-25.
12) The applicant or his successor in interest shall irrigate ar landscape all graded slopes within each construction phase L completion of grading. Irrigation and landscaping shall be to the satisfaction of the City Engineer and Parks and Recreation Director.
13) Private manufactured and planted slopes and natural Open Spaces shall be maintdined by the applicant until such time maintenance is performed by an established Homeowner's Association.
14) Street trees and a 10-ft. street tree maintenance easement 5 be required for Elm Avenue and Marron Road.
15) The following shall be granted to the City of Carlsbad befor any building permit will be issued for the development of ti subject property:
a) All street improvement including water, sewer, undergrc power and telephone, street tree planting, street 1 ighi storm drain and any other improvements deemed necessar: the City Engineer shall be installed in conformance wi; City Standards and indicated on an approved improvemen1 plan, or bond posted in lieu of improvements, prior to issuance of a building permit.
b) A grading plan shall be submitted prior to the issuancc a building permit.
16) The applicant or h.is successor in interest shall landscape i retaining wall constructed in connection with the improveme1 of Elm Avenue. Said landscaping shall mitigate the appearal of said wall to the satisfaction of the Parks and Recreatiol Director and Planning Director.
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1 PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carls
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Planning Commission held on July 9, 7975 by the following vote, to wit:
AYES : Commissioners Fikes, Jose, L'Heureux, Packard
NOES : None
ABSENT: Commissioners Dominguez, Watson
ABSTAIN: None
ATTEST:
@(,A
Donild A. Agatep, Secre
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