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HomeMy WebLinkAbout1977-02-23; Planning Commission; Resolution 1330. . .* g I1 a v t I1 -1 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 1330 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF THE TENTATIVE MAP REQUEST FOR A 15-UNITy 1-LOT CONDOMINIUM PROJECT WITH RECREATIONAL FACILITIES ON A ONE-ACRE PARCEL ON PROPERTY LOCATED ON THE WEST SIDE OF JEFFERSON STREET BETWEEN LAGUNA DRIVE AND BUENA VISTA AVENUE. CASE NO. : CT 77-1 APPLICANT: JOHN MC KEAND WHEREAS, a verified application for a certain property, wit: That portion of Lot 1 - the northeast quarter of the northeast quarter of Section 1, Township 12 South, Range 5 West, San Bernardi no Meridian, in the City of Carlsbad, in the County of San Diego, State of California, according to United States Government Survey approved June 22, 1883, and also listed in the County Assessor's Book No. 155, Page 17, Parcel 33 has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said application constitutes a request as provi by the "Carlsbad Municipal Code;" and WHEREAS, the public hearing to consider the subject reql was held on February 23, 1977, at the time and in the place : fied in the public hearing notice, pursuant to the provision' the Carlsbad Municipal Code; and WHEREAS, at said public hearing, upon hearing and consi the testimony and arguments, if any, of all persons who desi to be heard, said Commission considered all factors relating to the Tentative Tract Map request (CT 77-1) and found the following facts and reasons to exist: 1) The subject application has complied with the requiremen of the Carlsbad Environmental Protection Act of 1972 bec ll e -2 1 2 3 a) Negative Declarations had been issued for earlier requests on the property. The subject project is, therefore, considered consistent with the Carlsbad Environmental Protection Ordinance by Prior Compliance. 4 5 2) The proposed tentative tract map is consistent with the General Plan because: 6 7 a) The Land Use Element designates the area for Resident- Medium-High density (10-20 dwelling units per acre). The project provides 15 dwelling units per acre. 3) The design or improvement of the proposed subdivision is a a) The project will provide orderly residential developml 9 consistent with the General Plan because: b) The project will not cause excessive expansion of pub 10 facilities and/or expense to the taxpayer. I1 4) The proposed tentative tract map is consistent with applic 12 City Public Facilities Policies and Ordinances because: 13 5) The site is physically suitable for the type of developmer 14 a) All basic public facilities exist for the site. 15 I/ because: 16 1'7 19 18 6) The site is physically suitable for the proposed density t 20 a) The parcel has sufficient flat area to accommodate thc proposed structures within ordinance requirements. development because: a) Clustering the dwel ling units allows for reduced land coverage and elimination of significant interference with the existint bank or mature vegetation. 7) The design of the subdivision or the imposed improvements 21 are not likely to cause substantial environmental damage 22 or substantially and unavoidably injure fish or wildlife or their habitat because: 23 a) Negative Declarations have been issued for previous 24 25 are not likely to cause serious public health problems bec 26 for access through or use of property within the proposed 28 9) The design of the subdivision or the type of improvements 27 a) Conditions of approval will insure the above. requests of a similar nature on the site. 8) The design of the subdivision or the type of improvements not conflict with easements required by the public at larg subdivision because: li -2- . -I 4 1 2 3 4 5 6 7 a W a) Conditions of approval will insure necessary service easement access. 10) The subdivision will not prohibit reasonable access to public waterways, rivers, streams, lakes, reservoirs, coastlines or shorelines because: a) No public access was available over the subject prop .erty under the previous land use (single-family residence) . b) The subject property does not legally front on any o the above. 8 of the City of Carlsbad as follows: 9 NOW, THEREFORE, BE IT RESOLVED by the Planning Commissio 10 the applicable law, the decision of the Planning Commiss B) That in view of the findings heretofore made and conside, 11 A) That the above recitations are true and correct; 12 is to approve CT 77-1, subject to the following conditio 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1) The approval is granted for the land described in th application and any attachments thereto and as shown on the Plot Plan submitted labeled Exhibit A, dated January 13, 1977. 2) The Final Map shall be completed with 18 months from the date of the City Council action on the Tentative Map. Two extensions of one year each may be approve by the City Council upon staff review of the origina decision. 3) All public improvements shall be made in conformity with the Subdivision Ordinance and other City standa to the satisfaction of the City Engineer, without co to the City of Carlsbad and free of all liens and en1 brances. 4) In order to provide for reasonable fire protection d ing the construction period, the subdivider shall ma tain passable vehicular access to all buildings, and adequate fire hydrants with required fire flows shall be installed as recommended by the Fire Depart 5) All land and/or easements required shall be granted to the City of Carlsbad without cost to the City and free of all liens and encumbrances. No easements shall be recorded prior to recordation of the final map unless approved by the City Engineer. 6) The improvement and grading plans shall include a re of a geological investigation and a complete grading plan of the entire site, when required by the City I! -3- -b a 0 1 2 3 4 5 Engineer. The report and plan shall be prepared by civil engineers licensed by the State of California and experienced in erosion control, who shail be acceptable to the City Engineer. They shall certify that they have investigated the site and prepared data with full consideration of the consequences to the included and neighboring properties and in confo ance with the Geologic and Seismic Safety Element of the General Plan. 6 7 7) Storm drainage collected within the improved surface of the proposed condominium project shall be directec to the Lagoon through a closed conduit drainage systc 8 9 10 8) An onsite fire hydrant shall be installed as requirec by the Fire Marshall , and served by a public water1 il extension. A secured improvement agreement shall be executed and a 15-foot wide public waterline easemen. shall be dedicated as follows: 1 11 12 13 a) If the site plan is finalized and the hydrant location is determined prior to the recordation of the Final Map, then the easement.'shall be dedicated on the Final Map and the agreement sha' be executed prior to approval of the final map. 14 15 16 17 18 19 I 1 b) If the site plan is not finalized and the hydranl location is not determined, then the easement an( agreement shall be processed after Final Map re- cordation and prior to building permit issuance, under the provisions of Chapter 14.40 of the Carlsbad Municipal Code. 9) The existing driveway opening in the lot frontage sha be removed and a 24-foot driveway opening shall be installed, according to City of Carlsbad standards, at the entrance to the proposed joint driveway. 20 21 22 23 24 25 26 27 28 , IO) All mature vegetation on site will be retained to the satisfaction of the Parks and Recreation Director. 11) A landscape and sprinkler system plan shall be submit to the Parks and Recreation Director for evaluation and approval prior to recordation of the Final Map. 12) Land adjacent to Buena Vista-Lagoon that is necessarj for public access along the shoreline, as determined by the Parks and Recreation Director, shall be dedi- cated prior to or concurrent with Final Map recorda- tion. The applicant shall submit to the Parks and Recreation Director a survey plat of this park dedica tion. The dedication shall be in proper alignment wi the previously dedicated portion from the property adjacent to the north. /xxxxxxxxxx -4- ,. - ,..* 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 , I , I I I 1 I w - PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad Planning Commission held on February 23, 1977, by the following vote, to wit: AYES: Commissioners Larson, Rombotis, Nelson, - .. 3 Jose,Watson and L'Heureux. NOES: None. ABSTAIN: Nonef .- ABSENT: Commissioner Fi kes. ..fA~- E C LARS N, CHAIRMAN ATTEST: LgJ /?-? RALPH S. PLENDER, SECRETARY I -5-