HomeMy WebLinkAbout1975-09-24; Planning Commission; Resolution 1192I4 Y
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PLANNING COMMISSION RESOLUTION NO. 1192
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE MAP REQUEST FOR A 99 LOT SUBDIVISION CONTAINING 94 SINGLE FAMILY DETACHED DWELLINGS AND 5 OPEN SPACE LOTS ON PROPERTY GENERALLY LOCATED NORTHERLY OF TAMARACK AVENUE EXTENTION AND EAST OF EL CAMINO REAL. APPLICANT: SOMMERS DEVELOPMENT CORP. CASE NO: CT 75-2
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
g Commission did on September 24, 1975, hold a duly noticed public hearing to
10 consider a request by Sommers Development Corporation; and
11 WHEREAS, a verified application for a certain property, to wit:
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That certain unincorporated territory situated with the County of San Diego, State of Califonria, being a portion of Lot "I" of Rancho Agua Hedionda, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896 and being more particularly described on file in the Carlsbad P1 anni ng Department ,
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has been filed with the City of Carlsbad and referred to the Planning Commis:
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the "Carlsbad Municipal Code"; and 19
WHEREAS, said verified application constitutes a request as provided by
20 WHEREAS, the applicant has complied with the Public Facility Policy of
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City of Carlsbad and has provided the necessary information which insures Pu
supplement prepared by the appl icant. 27
Master P1 an preparation, was certified by the City Council , and a sui tab1 e 26
Environmental Impact report was prepared for the project site at the time of 25
City of Carlsbad "Environmental Protection Ordinance of 1972" in that an 24
WHEREAS, the subject application has complied with the requirements of . 23
Facil i ties will be available concurrent with need; and
2% The Environmental Impact Report identifies four environmental impacts wl
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are either mitigated in the conditions of approval or are not created in thi:
of the "Carlsbad Municipal Code: or the Subdivision Map Act; and 32
WHEREAS, the proposed map meets or performs the requirements or conditil 31
phase of the Master Plan.
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1 WHEREAS, at said hearing a staff report was presented and all persons
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NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City o 6
hereinafter set forth. 5
Commission made certain findings and reached a decision on the request as 4
said hearing, after considering all the evidence presented, the Planning 3
desiring to speak on the subject request were heard. At the conclusion of
Carlsbad as follows:
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B) That the Planning Commission makes the following findings of fact: 9
A) That the above recitations are true and correct.
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7) 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.
2) The proposed project complies with the Environmental Protecti Ordinance of the City of Carlsbad and the California Environ- mental Quality Act, in that an environmental impact report wa prepared for the project site at the time of Master Plan preparation, was certified by the City Council, and a suitabl supplement prepared by the applicant.
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The Environmental Impact Report identifies four environmental impacts which are either mitigated in the conditions of appro or not created in this phase of the Master Plan.
3) School facilities are available to serve the proposed project the installation of needed water, sewer and drainage faciliti has been guaranteed.
20 C) That in view of the findins heretofore made and considering the
21 applicable law, the decision of the Planning Commission is to appr CT 75-2, subject to the following conditions:
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1) Prior to approval of the final subdivision map for the first phase of the project, the applicant or his successor in inter shall file an application with the Local Agency Formation Commission (LAFCO) to annex Lot A, shown on Exhibit A, dated July 14, 197’5, to the City of Carlsbad. Prior approval of th final subdivision map for the second phase of the project, Lo shall be annexed to the City of Carlsbad and Open Space easem thereon granted to the City of Carlsbad. Additionally, the applicant shall make every effort to encourage the owner of t adjoining parcel to annex to the City of Carlsbad that portio his ownership within the San Diego Gas and Electric right-of-\
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2) The approval is granted for the land described in the applica and any attachments thereto, and as shown on the revised plot submitted, labeled Exhibit Cy dated September 16, 1975. The location of fences, signs, roadways, parking areas , 1 andscapi
and other facilities or features shall be located substantial as shown on the plot plan labeled Exhibit C except or unless indicated otherwise herein.
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3) A1 1 requirements of any law, ordinance or regulation of the State of California, City of Carlsbad, and any other govern- mental entity shall be complied with,
4) Prior to final occupancy, compliance with and execution of a1 conditions 1 isted hereon shall be necessary, unless otherwise specified. Deviation from this requirement shall be permittec only by written consent of the Planning Director.
5) All pub1 ic improvements shall be made in conformity to the Cil of Carlsbad Standards, the subdivision ordinance and other Cil standards, to the satisfaction of the City Engineer, without c to the City of Carlsbad, and free of all liens and encumbrancc
6) The improvement plans shall include a report of a geological investigation and a complete grading plan of the entire site when required by the City Engineer. The report and plan shall be prepared by a Civil Engineer 1 icensed by the State of Cali1 fornia, and experienced in erosion control. Said Engineer sht certify that they have investigated the site and prepared datt with full consideration of the development on the subject property and neighboring properties. The Engineer's report shall conform to the guidelines as outlined in the Geological Safety Element of the General Plan.
7) The applicant or his successor in interest shall grant an oper space easement to the City of Carl sbad over lots 20, 35 and 3E upon recordation of the final subdivision map for the first pF of the project and shall grant an open space easement to the City of Carl sbad over lots 91 and 92 upon recordation of the final subdivision map for the project as shown on Exhibit C de September 16, 1975.
8) Park-in-lieu fees shall be granted to the City prior to approk of the Final Map of each phase.
9) Owner shall offer to dedicate Sierra Morena Avenue right-of-w2 and construction slope rights through Unit 2 prior to approval of the Unit 1 Final Map.
10) In order to provide for reasonable fire protection during the construction period, the subdivider shall maintain passable vehicular access to all buildings and adequate fire hydrants w required fire flows shall be installed as recommended by the F Department.
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11) The applicant or his successor in interest shall guarantee the extension of the water main system from Tamarack Avenue to the existing system in Sierra Morena Drive as a condition of Final Map approval of Unit #l.
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12) The applicant or his successor in interest shall guarantee the extension of the water main system from Tamarack Avenue to the existing system in Sierra Morena Drive as a condition of Final Map approval of Unit #l.
29 /I PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carl sba
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Planning Commission held on September 24, 1975, by the following vote, to wit
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AYES : Commissioners Jose, Larson, Dominguez, Watson
NOES : Commissioners Fi kes , Packard and L ' Heureux
ABSENT: None
ABSTAIN: None
ATTEST :
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