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Home My WebLink About1975-09-24; Planning Commission; Resolution 11910, e J. I1 PLANNING COMMISSION RESOLUTION NO. 11 91 2 3 4 5 6l 7~ 8 9 10 11 12 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, CONCERNING THE SPECIFIC PLAN TO ALLOW A 99 LOT SUBDIVISION ON A 21 ACRE PARCEL OF LAND GENERALLY LOCATED NORTHERLY OF TAMARACK AVENUE EXTENSION AND EAST OF EL CAMINO * REAL. CASE NO. SP-170 APPLICANT: SOMMERS DEVELOPMENT CORP. 1 WHEREAS, a verified application for a certain property, to wit:, That certain unincorporated territory situated within the Councy of San Diego, State of California, being a portion of Lot "I" of Rancho Agua Hedionda, according to Map thereof No. 823, fi 1 ed in the Office of the County Recorder of San Diego County, November 16, 1896 and being more particularly described on file in the Carlsbad Planning Department, has been filed with the City of Carlsbad and referred to the Planning Commis 13 15 WHEREAS, said verified application constitutes a request as provided by 14 and WHEREAS, the applicant has complied with the Public Facility Policy of 19 and September 24, 1975; and 18 in said notice on August 13, 1975 and subsequently continued to August 27, 1 17 WHEREAS, the public hearing was held at the time and in the place speci 16 Title 21 of the "Carlsbad Municipal Code"; and 20 21 the City of Carlsbad and has provided the necessary information which insure Public Facilities will be available concurrent with need; and 22 City of Carlsbad "Environmental Protection Ordinance of 1972" in that an 23 WHEREAS, the subject application has complied with the requirements of considered all factors relating to the Specific Plan and found the followin5 32 and arguments, if any, of all persons who desired to be heard, said Commissi 31 WHEREAS, at said public hearing, upon hearing and considering the testi 30 this phase of the Master Plan. 29 which are either mitigated in the conditions of approval or are not created 28 The Environmental Impact Report identifies four environmental impacts 27 supplement prepared by the applicant. 26 Master Plan preparation, was certified by the City Council , and a suitable 25 Environmental Impact report was prepared for the project site at the time of 24 I/ 0 0 1 facts and reasons to exist: 2 3 4 5 6 7 8 9 10 11 10 1) The proposed development is consistent with the Land Use Element of the General Plan.in that the proposed density range of the Land Use Element encourages orderly residential development. Ordinance of the City of Carlsbad and the California Environmental Quality Act, in that an environmental impact report was prepared for the project site at the time of Master Plan preparation, was certified by the City Council and a suitable supplement prepared b, the appl icant. The Environmental Impact Report identifies four environmental impa which are either mitigated in the conditions of approval or not created in this phase of the Master Plan. 2) The proposed project complies with the Environmental Protection 3) School faci 1 i ties are available to serve the proposed project , and installation of needed water, sewer and drainage facilities has be guaranteed. NOW, THEREFORE, BE IT RESOLVED by the PI anni ng Commission of the City o .LG /I 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Carlsbad as follows: A) That the above recitations are true and correct. B) That a Specific Plan is approved to allow development of a 99 lot subdivision on property generally located northerly of Tamarack Av extension and East of El Camino Real , and is subject to the follow conditions: (1) Prior to approval of the final subdivision map for the first of the project, the applicant shall file an application with Local Agency Formation Commission (LAFCO) to annex Lot A, sho on Exhibit 'A', dated 7-14-75, to the City of Carlsbad. Prio approval of the final subdivision map for the second phase of the project, Lot A shall be annexed to the City of Carlsbad a Open Space easement thereon granted to the City of Carlsbad. Additionally, the applicant shall make every effort to encour the owner of the adjoining parcel to annex to the City of Carlsbad that portion of his ownership within the San Diego G Electric right-of-way. (2) The Specific Plan is granted for the 1 and described in the application and any attachments thereto, as shown on the plot plan submitted, labeled Exhibit 'A', dated July 14, 1975. Th location of all buildings, fences, signs, roadways, parking areas, landscaping, and other facilities or features shall be located substantially as shown on the plot plan labeled Exhib A, except that the facilities and features shown on both 91-9 shall be omitted in conformance with the revised tentative tract map, Exhibit C, dated September 16, 1975, and except or unless indicated otherwise herein. (3) All lands and/or easements required by this Ordinance shall b granted to the City of Carlsbad withoug cost to the City and free of a1 1 1 iens and encumbrances. No easements shall be recorded prior to approval of the final map unless approved b the City Engineer. (4) All requirements of any law, ordinance or regulation to the S - 2- 0 0 1 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 20 29 30 31 32 (5) (6) (7) (8) (9) (1 0) (11 1 (1 2) (13) of California, City of Carlsbad, and any other governmental entity shall be complied with. No signs or advertising of any type shall be erected or insta until plans therefore have been approved by the City of Carls All slopes created as a result of this development shall not exceed a 2: 1 slope unless approved by the City Engineer. The appl icant shall grant an open space easement to the City Carlsbad over lots 20, 35 and 36 as shown on Exhibit A, dated July 14, 1975, upon recordation of the final subdivision map for the first phase of the project, and shall grant an open space easement to the City of Carlsbad over lots 91 and 92 of revised tentative tract map, Exhibit IC', dated September 16, upon recordation of the final subdivision map for the 2nd pha the project. The applicant shall .submit a landscape and irrigation plan fo, both phases of the project to the Parks and Recreatioh Direct1 for approval prior to approval of the Final Map for either phi of the project. Said plan shall provide for the landscaping I lots 20, 35 and 36 as shown on Exhibit A, dated July 14, 1975 91 and 92 as shown on the revised tentative tract map, Exhibi, dated September 76, 1975, with plant materials suitable for controlling erosion and fire hazards. . Said landscaping shall installed prior to the granting of any building permit for ei phase of the project. The applicant or his successor in interest shall maintain all landscaping for a period of 12 months following acceptance of subdivision improvements by the City, or until such time as a Homeowners Association is formed in accordance with CC&R's fo this development. A Homeowners. Association shall be establ i shed by the appl ican or his successor in interest prior to occupancy of either development phase of the project. Said Homeowners Associaito shall maintain all planted and landscaped slopes in Lots 20, and 36 as shown on Exhibit A dated July 14, 1975, 91 and 92 a shown on the revised tentative tract map, exhibit C dated 9-1 in such a manner that erosion and fire hazards are mitigated commencing 12 months following the installation of said land- scapi ng . The CC&R's for this development shall be submitted to, the Planning Director for review and approval prior to the approvi of the Final Map for the first phase. Said CC&R's shall conti provisions for maintenance of the Open Space lots 20, 35 and as shown on exhibit A dated 7-14-75, 91 and 92 as shown on thl revised tentative tract map, exhibit C dated 9-16-75, by the applicant, his successor in interest, or a Homeowners Associa to the satisfaction of the Parks and Recreation Director and more specifically outlined in conditons 8, 9, and 10 of this document . The minimum distance between face of curb and building shall 28 feet , except where detached garage is provided behind residence. A total of four parking spaces per dwelling unit shall be pro vided on-site. Two of these parking spaces shall be in priva garages, and shall be provided in a private driveway between property line and garage. -3- e e 1 2 3 4 5 6 II 7 8 (14) The applicant or his successor in interest shall guarantee th extension of the water main system from Tamarack Avenue to th existing system in Sierra Morena Drive as a condition of Fina Map approval of Unit #l. (15) The water system shall provide 2000 gallons per minute fire flow in addition to domestic flow demand in eachphase of development. Fire flow requirements may be reduced to 1750 gallons per minute based on use of non-combustible roofing material approved by the Fire Chief. (16) Prior to Final Map approval, the applicant shall submit a rev Specific Plan Map, incorporate the changes in the revised tentative tract map. ~ 9 PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsb 10 Planning Commission held on September 24, 1975 by the following vote, to wit 11 12 AYES: Commissioners Jose, Larson, Dominquez and Watson ABSENT: None 13 NOES : Commissioners Fikes, Packard and L*Heureux 14 15 ABSTAIN: None 16 ATTEST: 17 I* I/ 19 20 21 22 II 24 11 26 27 29 30 23 25 28 31 32 -4- II