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HomeMy WebLinkAbout1975-10-29; Planning Commission; Resolution 1202PLAN?lING COMMISSION RESOLUTION NO. 1202 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A VARIANCE FOR THE PURPOSE OF SUBDIVIDING AN EXISTING NONCONFORMING LOT NOT FRONTING UPON A PUBLICLY DEDICATED EASEMENT ACCEPTED BY THE CITY ENGINEER INTO FOUR SUCH NON- CONFORMING LOTS ON PROPERTY LOCATED ON THE NORTH & SOUTH SIDES OF SUNNY CREEK ROAD EAST OF EL CAMINO REAL CASE NO. : V-25 5 APPLICANT: RUSSELL W. GROSSE WHEREAS, a verified application for a certain property, to wit: All that portion of lot B of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the office of the Recorder of said County, November 16, 1896 and further described on file at the City of Carlsbad Planning Department 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2) The project proposes minimal publ ic facil i ty improvements and service requirements. WHEREAS, at said publ ic hearing, upon hearing and considering 'the testimony has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the "Carlsbad Municipal Code"; and WHEREAS, the public hearing was held at the time and in the place specified in said notice on October 29, 1975; and WHEREAS, the applicant has comgl ied with the Pub1 ic Facility Pol icy of the City of Carl sbad and has provided the necessary information which insures Public Facilities will be available and current with need; and WHEREAS, the subject application has complied with the requirements of the City of Carlsbad "Environmental Protection Ordinance of 1972" in that an Environmental Impact Statement was prepared for the project and based on the statement and a site inspection, a negative declaration was issued for the following reasons: 26 27 1) The project entails no major damage in the existing natural environment; it attempts to maintain it. 30 31 and arguments, if any, of all persons who desired to be heard, said Commission considered a1 1 factors relating to the Variance and found the following facts (1) It is in the City's interest to permit low-density residential development which retains the natural terrain and landscaping of the project site; (2) The exceptional or extraordinary circumstances or conditions applicable to this property that do not apply generally to the other property or class of use in the same vicinity and zone are: (a) There is no possibility at this time that the City of Carlsbad can provide any street, water, or sewer service to this pr0pert.y since it is bounded on the north, east and west by County property. (b) The project site is unique in having a large number of mature trees, and in having a steep cliff along its southern boundary. (3) This variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question because : (a) Most of the property in the vicinity is under the County's jurisdiction, and the parcel split requested would be granted by the County without the stringent requirements of the City. (4) The granting of this variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the same vicinity and zone in which the subject property is located because: (a) The character of the property in the area is rural and the pro- posed project will maintain this character. (5) The granting of this variance will not adversely affect the compre- hensive General Pl an because: (a) The density and lot size of the parcel map is we11 within the comprehensive General Plan and the property does not affect in any way any current forseeable roadway system. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Zarlsbad as follows: A) That the above recitations are true and correct. B) That a Variance for the purpose of subdividing an existing non- conforming lot not fronting upon a publicly dedicated easement accepted by the City Engineer into four such nonconforming lots on property located on the north and south sides of Sunny Creek Road east of El Camino Real, be approved and is subject to the following conditions: (1) The approval is granted for the land described in the application and any attachments thereto and as shown in Exhibit A dated 9-1 2-75. (2) Prior to filing a parcel map to subdivide the property, the applicant shall apply for a change of zone to R-A-3.5 acres. (3) Improvement plans for the project shall include the provision of direct water service to all lots. (4) The location of fire hydrants and their fire flow shall be approved by the Fire Chief prior to approval of a parcel map. a) Agree not to oppose the formation of the proposed College- Cannon Improvement District; 2 3 b) Offer to dedicate a 100foot right-of-way plus approved construction slope easement to match as best as possible, the route of the secondary arterial proposed to intersect the northeast corner of the parcel - any difference in area between proposed and uti 1 i zed right-of -way shall be vacated to the owner. (5) As a condition of the required tentative parcel map, the sub- divider or his successors in interest shall: c) Offer to dedicate a 15 foot wide sanitary sewer easement along Sunny Creek Road within the subdivision boundary, as approved by the City Engineer. d) Execute a lien contract for future construction of a 20 foot wide paved road from the proposed lots to El Camino Real to be fulfilled if the aforementioned secondary arterial has not been installed within five years. e) Subdivide the parcel so that each lot has direct access to the aforementioned secondary arterial or to a dedicated or private improved residential street connected to that arterial. Said residential street shall meet the standards of the City's Rural Development Ordinance. 17 11 PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad l8 I1 Planning Commission held on October 29, 1975, by the following vote, to wit: AYES : Commissioners Watson, L' Heureux, Larson, Packard, Fi kes Jose NOES : None z5 1 ATTEST: PLANNING COMMISSION RESOLUTION NO. 1246 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROV- ING A VARIANCE FOR THE PURPOSE OF SUB- DIVIDING AN EXISTING NONCONFORMING LOT NOT FRONTING UPON A PUBLICLY DEDICATED EASEMENT ACCEPTED BY THE CITY ENGINEER INTO FOUR SUCH NONCONFORMING LOTS ON PROPERTY LOCATED ON THE NORTH AND SOUTH SIDES OF SUNNY CREEK ROAD EAST OF EL CAMINO REAL CASE NO. : V-255 APPLICANT: RUSSELL W. GROSSE 16 /I has been filed with the City of Carlsbad and referred to the 10 12 13 14 15 l7 11 Planning Commission; and WHEREAS, a verified application for a certain property, to wit: All that portion of Lot B of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the office of the Recorder of said County, November 16, 1896 and further described on file at the City of Carlsbad Planning Department 18 11 WHEREAS, said verified application constitutes a request l9 i as provided by Title 21 of the "Carlsbad Municipal Code"; and 2o I/ WHEREAS, the public hearing was held at the time and in 21 11 the place specified in said notice on May 12, 1976; and 22 I1 WHEREAS, the applicant has complied with the Public Facili- 23 11 ty Policy of the City of Carlsbad and has provided the necessary 24 11 information which insures Public Facilities will be available 25 /I and current with need; and 26 I1 WHEREAS, the subject application has complied with the 27 28 requirements of the City of Carl sbad "Environmental Protection Ordinance of 1972" in that an Environmel?tal Impact Statement 211 site inspection, a negative declaration was issued for the i 1 3 following reasons: was prepared for the project and based on the statement and a 2) The project proposes minimal public facility improve- ments and service requirements. 4 5 11 WHEREAS, at said public hearing, upon hearing and consider- 1) The project entails nomajor damage in the existing natural environment; it attempts to maintain it. 8i/ ing the testimony and arguments, if any, of all persons who de- '11 sired to be heard, said commission considered all factors relat- 1 '011 ing to the Variance and found the following facts and reasons ''I( to exist: 13 (1) It is in the City's interest to permit low-density resi- dential development which retains the natural terrian and landscaping of the project site; l4 15 16 (2) The exceptional or extraordinary circumstances or condi- tions applicable to this property that do not apply generally to the other property or class of use in the same vicinity and zone are: 17 18 (a) There is no possibility at this time that the City of Carlsbad can provide any street, water, or sewer service to this property since it is bounded on the north, east and west by County property. 19 20 (b) The project site is unique in having a large number of mature trees, and in having a steep cliff along its southern boundary. 2 1 22 2 3 1 (3) This variance is necessary for the preservation and enjoy- ment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question because: 24 2 5 (a) Most of the property in the vicinity is under the County's jurisdiction, and the parcel split requested would be granted by the County without the stringent requirements of the City. 26 27 28 1 (4) The granting of this variance will not be materially detri- mental to the public welfare or injurious to the property or improvements in the same vicinity and zone in which the subject property is located because: (a) The character of the property in the area is rural and the proposed project will maintain this character. (5) The granting of this variance will not adversely affect the comprehensive General Plan: (a) The density and lot size of the parcel map is well with in the comprehensive General Plan and the property does not affect in any way any current foreseeable roadway system. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Carlsbad as follows: I (A) That the above recitations are true and correct. I (B) That a Variance for the purpose of subdividing an existing nonconforming lot not fronting upon a publicly dedicated easement accepted by the City Engineer into four such non- conforming lots on property located on the north and south , sides of Sunny Creek Road east of El Camino Real, be approve$ and is subject to the following conditions: i (1 The previous Variance approval on this property (Planning Commission Resolution No. 1202) shall become null and void. (2) The approval is granted for the land described in the application and any attachments thereto and as shown in Exhi bit "A", dated September 12, 1975. (3) Prior to filing a parcel map to subdivide the property, the applicant shall apply for a change of zone to R-A-2.5 and R-A-2.5 (F-P) acres. (4) Improvement plans for the project shall include the provision of direct water service to all lots. (5) The location of fire hydrants and their fire flow shall be approved by the Fire Chief prior to approval of a parcel map. (6) As a condition of the required tentative parcel map, the subdivider or his successors in interest shall: (a) Agree not to oppose the formation of the proposed College-Cannon Improvement District; (b) Offer to dedicate a 100 foot right-of-way plus approved construction slope easement to match as best as possible, the route of the secondary arterial proposed to intersect the northeast corne of the parcel - any difference in area between pro I posed and utilized right-of-way shall be vacated to the owner. (c) Offer to dedicate a 15 foot wide sanitary sewer easement along Sunny Creek Road within the sub- division boundary, as approved by the City Enginee . I (d) Execute a lien contract for future construction of a 20 foot wide paved road from the proposed lots to El Camino Real to be fulfilled if the afore- mentioned secondary arterial has not been instal 1 eb within five years. (e) Subdivide the parcel so that each lot has direct access to the aforementioned secondary arteri a1 or to a dedicated or private improved residential street connected to that arterial. Said residenti31 street shall meet the standards of the City's Rural Development Ordinance. I PASSED, APPROVED AND ADOPTED at a regular meeting of the '*I/ City of Carlsbad Planning Commission held on May 12, 1976, by I 1311 the following vote, to wit: NOES: 14 15 None AYES : Commissioners L'Heureux, Nelson, Larson and Dominguez. l7 11 ABSENT: Commissioners Fikes, Watson and Jose. ll ABSTAIN: None 23 24 Donad A. Agatep, Yecretary