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HomeMy WebLinkAbout1976-08-11; Planning Commission; Resolution 1267.- " e 0 I. I1 PLANNING COMMISSION RESOLUTION NO. 1267 2 3 4 5 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARL.SBAD, CALIFORNIA, RECOM- MENDING APPROVAL OF THE TENTATIVE MAP RE- QUEST FOR A 6-LOT SUBDIVISION ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF HIGHLAND DRIVE BETWEEN CHESTNUT AVENUE AND MAGNOLIA AVENUE. 6 7 CASE NO. : CT 76-8 APPLICANT: ED EBRIGHT (AGENT) 8 9 WHEREAS, pursuant to the provisions of the Municipal Code the Plann 1o 12 sider a request by Ed Ebright (Agent); and 11 Commission did on August 11 , 1976 hold a duly noticed public hearing to WHEREAS, a verified application for a certain property, to wit: 13 14 15 That portion of Tract 240 of the Thum Lands, in the City of Carl sbad , County of San Diego , State of Cal ifornia, accord- ing to Map thereof No. 1681, filed in the Office of the County Recorder of San Diego County, December 15, 791 5 , and more particularly described in the application on file in the City Planning Office l6 /I has been filed with the City of Carl sbad and referred to the Planning Cc l7 I/ and 18 19 WHEREAS, said verified application constitutes a request as providt the "Carl sbad Municipal Code"; and 2o I WHEREAS,. the applicant has complied with the Public Facility Polic: 21!l the City of Carlsbad and has provided the necessary information which el 22 23 24 25 26 Public Facilities will be available concurrent with need; and WHEREAS, the proposed map meets or performs the requirements or COI of the "Carlsbad Municipal Code" or the Subdivision Map Act; and WHEREAS, at said hearing a staff report was presented and all pew desiring to speak of the subject request were heard. At the conclusion 27 (j said hearing, after considering all the evidence presented, the Planninl 28 II Commission made certain findings and reached a decision on the request hereinafter set forth. .f .- e e 1 2 3 4 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the ci of Carlsbad as follows: A) That the above recitations are true and correct. B) That the Planning Commission makes the following findings of fact: 5 11 (1 ) The proposed map is consistent with the General P1 an because: 6 7 8 9 10 11 12 13 14 15 16 a) The Land Use Element designates the area for 0-8 dwell ing units per acre. The project provides 4 dwelling units pe acre. (2) .The decign or improvement of the proposed subdivision is con- sistent with the General Plan because: a) The project will provide orderly residential development. b) The project will not cause excessive expansion of public facilities and/or expense to the taxpayer. (3) The site is physically sui table for the type of development because : a) There are no unusual topographic or geologic features on the site. (4) The site is physically sui table for the proposed density of development because: , 17 18 19 20 21 22 23 24 a) Dwelling units provided per acre are consistent in numbel with the 0-4 range designated in the General Plan. b) There are no significant physical features on the site that would hinder devel opment. (5) The design of the subdivision or the imposed improvements are not likely to cause substantial environmental damage or sub- stantially and unavoidably injure fish or wildlife or their habitat because: a) A negative declaration has been issued for the project. (6) The design of the subdivision or the type of improvements are not 1 i kely to cause serious publ ic health problems be- cause: 25 j; a) Conditions of approval wi 11 ensure the above. 26 27 28 (7) The design of the subdivision or the type of improvements wil not conflict with easements required by the publ i c at large for access through or use of, property within the proposed SL division because: I1 -2- Iz 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 28 c) 0 0 a) . There are no publ ic easements on the property at this time. (8) The subdivision will not prohibit reasonable access to public waterways, rivers, streams, lakes, reservoirs, coastlines or s horel i nes because: a) The subdivision does not front on any of the above. That in view of the findings heretofore made and considering the applicable law, the decision of the Planning Commission is to appro CT 76-8 subject to the following conditions: (1 ) The approval is granted for the land described in the appl i - cation and any attachments thereto and as shown on the Plot P1 an submitted labeled Exhibit "B" , dated 8/6/76. The lo- cation of all roadways, parking areas, landscaping and other facilities or features shall be located substantially as showr on the plot plan labeled Exhibit "B'l, except or unless indi cat otherwise herein. (2) Final Map shall be completed within 18 months from the date of final City Council action on the Tentative Subdivision Map. Two extensions of one year each may be approved by City Council upon staff review of the original decision. (3) A1 1 publ ic improvements shall be made in conformity with the Subdivision Ordinance and other City Standards, to the satis- faction of the City Engineer , without cost to the City of Carlsbad and free of all liens and encumbrances. (4) Prior to any construction, the applicant shall submit plans to the appropriate entity providing domestic water to the proposed development, for its approval of the location , type and adequacy of water lines. (5) Prior to any construction , the applicant shall obtain approva' from the City Fire Department of the location and size of f i re hydrants . (6) Street trees , as required by the City , shall be instal led by the applicant at his expense. Trees shall be of a type approved by the Parks & Recreation Dept. and shall be install1 to their specifications. If removal of any existing trees is required by the City, said removal shall be at the applicant's expense. It shall be the responsibility of the applicant to make all arrangements with the Parks & Recreatio Department concerning the requirements of this condition. (7) A detai 1 ed grading plan which incl udes proposed drainage and erosion control landscaping and for other measures such as desilting basins shall be approved by the City Engineer prior to Final Map. -3- -. , " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 I 21 22 23 24 25 26 27 28 e 0 (8) Immediately after grading , erosion control landscaping and/or other measures such as desilting basins shall be installed. This control may be the final 1 andscaping , if so approved. (9) A detailed landscape and sprinkler plan shall be submitted for Planning Director's approval for all graded slopes 5' or greater in height and for those areas to be landscaped in the easement road. (10) Prior to final building inspection clearance, all landscaping shall be installed or adequate bonding accepted. Said land- scaping shall be maintained in a manner acceptable to the Planning Director and Parks & Recreation Director. (1 1 ) "No Parking" signs will be placed on the northern side of the access easement and on the cul-de-sac turn around to the satis faction of the Planning Director. (1 2) The CC&Rs wi 11 be submitted to the Pl anning Director for apprc prior to Final Map approval. (13) If requested by the City Engineer, an amended Tentative Map shall be submitted for approval by the City Engineer prior to review of the final map to assure compliance to all condi- tions of approval. (14) 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 with required fire flows shall be instal 1 ed as recommended by the Fire Department. (15) Ornamental street lighting on Highland Avenue shall be providt for as required by Municipal Ordinance. (16) Ornamental street lighting on the private access easement sha' be provided to the satisfaction of the City Engineer. (17) A1 1 land and/or easements required shall be granted to the Ci. of Carlsbad without cost to the City, and free of all liens a1 encumbrances. No easements shall be recorded prior to recordl tion of the final map unless approved by the City Engineer. (18) High1 and Avenue shall be improved to City of Carl sbad standarl on the basis of a 30 foot half street section along the sub- division frontage. All utilities along this section shall be installed underground. (19) A 31 foot public street easement shall be offered for dedica- tion on the final map along the entire southern edge of the subdivision and each proposed residential lot shall front on the offer of dedication. The area offered for dedication shall not contain trees , shrubs, and other plans which will either cause root intrusion into underground utility systems or obstruction of maintenance and access within underground -4- - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 i 20 21 22 23 24 25 26 27 28 e 0 uti1 i ty easements , and permanent anchored structures (exceptin1 fire hydrants and street lights) which will obstruct maintenan and access within underground uti 1 i ty easements. (20) The design of the private street is not specifically approved as shown on the tentative map. It should not have a center swale; a berm and gutter along the property line is recommendel It should a1 so have a vertical curb a1 ong the residence side a a sidewal k where parking is proposed. Improvement plans for t private street shall be approved by the City Engineer, and pri street construction shall be inspected and approved by the Cit, Standard plan checking and inspection fees shall be paid. A Standard commercial driveway approach shall be instal led at th intersection of the private street with the Highland Drive im- provements. (21 ) A 12 foot waterl ine easement shall be dedicated on the final map and a waterl ine extension shall be instal 1 ed as approved by the Fire Chief and City Engineer, according to City of Carlsbad standards. The waterline easement shall extend to the west property 1 ine to allow future looping of the water system. (22) Prior to approval of the final map , plans for the proposed private storm drain system and, if necessary, hydraul i c cal cu- lations substantiating the capacity and effectiveness of the system shall be approved by the City Engineer. The private storm drain shall outlet onto Chestnut Avenue according to Cit of Carl sbad standards. PASSED, APPROVED AND ADOPTED at a regular meeting hold on the 11th of August, 1976, by the Carlsbad City Planning Commission by the followi vote, to wit: AYES : Commissioners Rombotis, L'Heureux, Fikes, and Larson. NOES: Commissioners Watson and Jose. ABSENT: Commi ssi oner Ne1 son. ABSTAIN: None " L& - el- ' STEPHEN K. aEU;J;CHAIRMAN ATTEST: &/& 4L DONALD A. AGATEP, SECRETARY c -5-