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HomeMy WebLinkAbout1976-03-24; Planning Commission; Resolution 12251 2 3 4 5 6 7 e 0 PLANNING COMMISSION RESOLUTION NO. 1225 RESOLUTION OF THE PLANNING COMMISSION OF MENDING APPROVAL OF THE TENTATIVE MAP REQUEST FOR A FIVE LOT SUBDIVISION ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF MONROE STREET BETWEEN CHESTNUT AND KARREN LANE CASE NO. CT 76-1 APPLICANT: MARVIN HUMPHREYS THE CITY OF CARLSBAD, CALIFORNIA, RECOM- 8 WHEREAS, Pursuant to the provisions of the Municipal Code 9 the Planning Commission did on March 24, 1976, hold a duly lo and 11 noticed Public hearing to consider a request by Marvin Humphre 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, a verified application for certain property, to That portion of Track 256 of Thum Lands in County of San Diego, California according to Map 1681, December 9, 1915, has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request by provided by the "Carlsbad Municipal Code"; and WHEREAS, the applicant has complied with the Public Facil Policy of the City of Carlsbad 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 re quirements of the City of Carlsbad "Environmental Protection Ordinance of 1972" because: (1) An Environmental Impact Assessment of the Project was conducted and a negative declaration issued for the following reasons: 0 0 1 2 (a) The Project is located in an existing urbanized area in which the natural environment has been irretrievably altered; 3 (c) The project will not necessitate any significan 4 (b) No grading is proposed; and increase in the supply of public facilities. 5 6 7 8 9 10 11 12 13 14 15 16 WHEREAS, the proposed map meets or performs the requireme or conditions of the "Carlsbad Municipal Code" or the Subdivis Map Act ; and WHEREAS, at said hearing a staff was presented and all pe desiring to speak on the subject request were heard. At the c clusion of said hearing, after considering all the evidence pr sented, the Planning Commission made certain findings and reac' a decision on the request as hereinafter set forth: NOW, THEREFORE, BE IT RESOLVED by the Planning Commission the City of Carlsbad as follows: (A) That the above recitations are true and correct. I-y /I (B) That the Planning Commission makes the following fin, of fact: 18 19 20 21 22 23 24 25 26 27 28 (1) That the proposed map, its design and improveme; is consistent with the General Plan because: (a) The land use and net density of the Projec (4.4 dwellings per acre) conform to the Gel Plan land use designation in that the prop( development is compatible with other sing11 family detached R-1-7,500 developments in surrounding area; (b) The proposed map does not conflict with an: (c) All necessary public facilities are availal to the site or will be installed as condit: of this approval. other Element of the General Plan. (2) The five foot side yard created by the subdivis: on Lot 5 of the proposed map is consistent with Zoning Ordinance of the City of Carlsbad becaus( -2- . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o i 21 22 23 24 25 26 27 1 I 28 I I /I 0 0 (a) The opposite side yard has been increased in width by an amount equal to the reducti of 1.9 feet; (b) Lot 5 does not aubt a lot with an adjacent reduced side yard; (c) The increased side yard has a width in exc of ten feet, as prescribed in Section 21.1 040 (A2) of the Carlsbad Municipal Code. (C) That in view of the findings heretofore made and con, sidering the applicable law, the decision of the Pla~ ning Commission is to approve Case No. Ct 76-1 subjel to the following conditions: (1) The approval is granted for the land described the application and any attachments thereto, ant as shown on the plot plan submitted labeled Exh A, dated February 6, 1976. The Final Map shall submitted within eighteen months from the date 1 final action by the City Council on the Tentati. Subdivision Map. The Final Map shall be in sub- stantial conformance with the Tentative Subdivic Map, Exhibit A. (2) Park-in-lieu fees shall be granted to the City of Carlsbad prior to City Council approval of the Final Map. (3) Prior to City Council approval of the Final Map the applicant shall formally request withdrawal ZC-113 and SP-113 by letter to the Secretary of the Planning Commission. (4) Chestnut Avenue shall be dedicated and improved on the basis of a 68-foot street section. Imprc ments shall be for a half street section accordi to City of Carlsbad standards. (5) Monroe Avenue shall be improved on the basis of a 30-foot half street section according to City of Carlsbad standards. (6) Public improvement surety shall include the cost of removal of the existing shed located on the proposed lot line between Lots 4 and 5. j (7) In order to provide for reasonable fire protecti during the construction period, the subdivider shall maintain passable vehicular access to all buildings and adequate fire hydrants with requir fire flows shall be installed as recommended by the Fire Department. 1 -3- W e 1 2 3 4 5 6 7 (8) (9) Ornamental street lighting shall be provided fo: required by Municipal Ordinance. The developer deposit cash in the amount necessary to energizi said street lights for an eighteen-month period after construction, to permit the incorporation the subdivision into a maintenance district. All land and/or easements required shall be gra~ to the City of Carlsbad without cost to the Cit: and free of all liens and encumbrances. No east ments shall be recorded prior to recordation of the Final Map unless approved by the City Engin' 8 PASSED, APPROVED AND ADOPTED at a regular meeting held on 9 the 24th of March, 1976, by the Carlsbad City Planning Commiss lo by the following vote to wit: 11 12 AYES: Commissioners Watson, Larson, Jose, Fikes, Dominguez and L'Heureux 13 14 15 16 17 NOES : None ABSENT : None l8 19 ATTEST : 20 21 22 I1 \ 23 24 25 26 27 28 I/ -4-