HomeMy WebLinkAbout1976-05-12; Planning Commission; Resolution 1246r 0
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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
APPLICANT: RUSSELL W. GROSSE CASE NO.: V-255
10 WHEREAS, a verified application for a certain property, '' wit:
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18 WHEREAS, said verified application constitutes a request
19 as provided by Title 21 of the "Carlsbad Municipal Code"; and
20 WHEREAS, the public hearing was held at the time and in
21 the place specified in said notice on May 12, 1976; and
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 76, 1896 and further described on file at the City of Carlsbad Planning Department
has been filed with the City of Carlsbad and referred to the
Planning Commission; and
22 WHEREAS, the applicant has complied with the Public Facil
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Ordinance of 1972" in that an Environmental Impact Statement 28
requirements of the City of Carlsbad "Environmental Protection 27
WHEREAS, the subject application has complied with the 26
and current with need; and 25
information which insures Public Facilities will be available 24
ty Policy of the City of Carlsbad and has provided the necessa
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following reasons: 3
site inspection, a negative declaration was issued for the 2
was prepared for the project and based on the statement and 2
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1) The project entails no major damage in the existinc natural environment; it attempts to maintain it.
6 2) The project proposes minimal public facility impro\ ments and service requirements.
7 WHEREAS, at said public hearing, upon hearing and consic *
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ing the testimony and arguments, if any, of all persons who (
to exist: 'I
ing to the Variance and found the following facts and reason! lo
sired to be heard, said Commission considered all factors re'
l2 (1) It is in the City's interest to permit low-density resi. dential development which retains the natural terrian ar landscaping of the project site;
l4 (2) The exceptional or extraordinary circumstances or condi.
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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:
(a) There is no possibility at this time that the City Carlsbad can provide any street, water, or sewer sel to this property since it is bounded on the north, east and west by County property.
(b) The project site is unique in having a large numbel of mature trees, and in having a steep cliff along its southern boundary.
(3) This variance is necessary for the preservation and enjc
property in the same vicinity and zone, but which is del 22 ment of a substantial property right possessed by other
23 to the property in question because:
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(a) Most of the property in the vicinity is under the County's jurisdiction, and the parcel split reques would be granted by the County without the stringe requirements of the City.
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subject property is located because: 28
mental to the public welfare or injurious to the proper (4) The granting of this variance will not be materially de
or improvements in the same vicinity and zone in which
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(a) The character of the property in the area is rural
the proposed project will maintain this character.
3 il (5) The granting of this variance will not adversely affect comprehensive General Plan:
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(a) The density and lot size of the parcel map is well in the comprehensive General Plan and the property not affect in any way any current foreseeable road system.
7 NOW, THEREFORE, BE IT RESOLVED by the Planning Commissi
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(A) That the above recitations are true and correct. 9
the City of Carlsbad as follows:
1o (B) That a Variance for the purpose of subdividing an exist nonconforming lot not fronting upon a publicly dedicate
conforming lots on property located on the north and so
and is subject to the following conditions:
(1) The previous Variance approval on this property
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sides of Sunny Creek Road east of El Camino Real, be ap 12
easement accepted by the City Engineer into four such n
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14 (Planning Commission Resolution No. 1202) shall become null and void.
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(2) The approval is granted for the land described in application and any attachments thereto and as sho in Exhibit "A", dated September 12, 1975.
(3) Prior to filing a parcel map to subdivide the prop 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 thl provision of direct water service to all lots.
(5) The location of fire hydrants and their fire flow be approved by the Fire Chief prior to approval of parcel map.
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(6) As a condition of the required tentative parcel ma the subdivider or his successors in interest shall
(a) Agree not to oppose the formation of the prop College-Cannon Improvement District;
(b) Offer to dedicate a 100 foot right-of-way plu approved construction slope easement to match best as possible, the route of the secondary
arterial proposed to intersect the northeast of the parcel - any difference in area betwee 11 -3-
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posed and utilized right-of-way shall be vaca to the owner.
(c) Offer to dedicate a 15 foot wide sanitary sew easement along Sunny Creek Road within the su division boundary, as approved by the City En
(d) Execute a lien contract for future constructi a 20 foot wide paved road from the proposed 1 to El Camino Real to be fulfilled if the aforc mentioned secondary arterial has not been ins.
within five years.
(e) Subdivide the parcel so that each lot has dirl access to the aforementioned secondary arteri, or to a dedicated or private improved residen, street connected to that arterial. Said resil street shall meet the standards of the City’s Rural Development Ordi nance.
,I1 I1 PASSED, APPROVED AND ADOPTED at a regular meeting of thl
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the following vote, to wit: l3
City of Carlsbad Planning Commission held on May 12, 1976, b.
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Dominguez.
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AYES: Commissioners L’Heureux, Nelson, Larson and
NOES : None
ABSENT: Commissioners Fikes, Watson and Jose.
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ABSTAIN: None
22 I1 ATTEST: 23
24 &/& A Donad A. Agatep, Yecretary
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