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HomeMy WebLinkAbout1977-05-11; Planning Commission; Resolution 13661 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 tit : 1) (I) PLANNING COMMISSION RESOLUTION NO. 1366 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TRACT MAP TO PROVIDE 130 DWELLING UNITS ON 43.9 ACRES LOCATED ON THE SOUTH SIDE OF HOSP WAY ADJACENT TO MONROE ROAD. CASE NO: CT 77-2 APPLICANT: KAMAR CONSTRUCTION WHEREAS, a verified application for a certain property, to Those portions of Lots 2, 3, 4, 5, and 27 and of Canon Street in Hosp Eucalyptus Forest Co.'s Tract No. 1 in the City of Carlsbad, County of San Diego, State of California, according to Map thereof 1136 filed in the office of the County Recorder of San Diego County, June 8, 1908, described in Assessor's Book 156, Page 090, Parcels 36, 37 38 and 39 and more particularly described in the files of the City of Carlsbad Planning Department has been filed with the City of Carlsbad and referred to the Planning Commission, and WHEREAS, said application constitutes a request as provided by the "Carlsbad Municipal Code"' and WHEREAS, the public hearing to consider the subject request was held on May 11, 1977, at the time and in the place specified in the public hearing notice, pursuant to the provisions of the Carlsbad Municipal Code; and WHEREAS, at said public hearing, upon hearing and considerin the testimony and arguments, if any, of all persons who desired to be heard, said Commission considered all factors relating to the Tentative Tract Map request (CT 77-2) and found the following facts and reasons to exist: 1) The proposed map is consistent with the General Plan because: a) The Land Use Plan designates the subject site for Medium-Density Residential (4-10 dwelling units per gross acre) and Open Space. The subject project will provide approximately six dwelling units per gross acre and open space areas consistent with the Land Use Plan. '* ' ll * 0 c II 1 2 3 4 5 6 b) Monroe Street shall be further extended as a secondarl arterial as shown in the Circulation Element. c) Park land shall be dedicated as shown in the Parks ani Recreation Element. d) Open Space shall be preserved as shown in the Open Spi Element . e) Refer to finding No. 10 for discussion of the Public i Facilities Element of the General Plan. 7 8 2) The design or improvement of the proposed subdivision is ( 9 sistent with the General Plan because: a) The project will provide orderly residential developmc and 10 b) The project will not cause excessive expansion of pub 11 12 because : facilities and/or expense to the taxpayer. 3) The site is physically suitable for the type of developme: 13 14 15 a) The proposed cluster-type of development and open spal areas will minimize grading and removal of trees; b) The proposed development will not effect any unusual topographic or geologic features on the site; and l6 I/ c) No significant natural vegetation exists on the site. I? 11 4) The site is physically suitable for the proposed density 18 11 development because: I.9 1 20 21 22 23 24 25 a) Proposed dwelling units per acre do not exceed the a1 able maximum. 5) The design of the subdivision or the imposed improvements not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat because: a) All potential environmental impacts have been address a certified Environmental Impact Report and all perti mitigation measures, suggested in said report, have IC imposed as conditions of approval. Satisfaction of t conditions will mitigate the potential of any signifi environmental impacts. 26 6) The design of the subdivision or the type of improvements 27 not likely to cause serious public health problems becaus 28 a) Conditions of approval will insure the above. I1 -2- *' 1 , ~ 1 2 I 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 i ~ e 0 7) The design of the subdivision or the type of improvements not conflict with the easements required by the vublic at large for access through or use of property within the prc posed subdivision because: a) Conditions of approval will insure the above. ~ 8) The subdivision will not prohibit reasonable access to pul ~ waterways, rivers, streams, lakes, reservoirs, coastlines shorelines because: ~ ~ a) The subdivision does not front on any of the above. ~ 9) The subject application has complied with the requirements of the Carlsbad Environmental Protection Ordinance of 197; because : a) An Environmental Impact Report has been certified for this project. 10) The proposed tentative tract map is consistent with applic City Public Facilities Policies and Ordinances because: a) The Planning Commission finds that sewer service is nc available for this development as of the date of this approval. However, sewer service may be available in the future. The Planning Commission will by inclusior of an appropriate condition to this Tentative Subdivi: Map approval, insure that the final map will not be approved unless the City Council finds that sewer sen is available to serve the project. In addition, the Planning Commission will.add a condition that a note 1 placed on the final map providing that building permj may not be issued for lots in the subdivision unless t City Engineer determines that sewer service is availal: Since the final map cannot be approved unless sewer service is available and building cannot occur within the subdivision unless sewer service remains availablc the Planning Commission is satisfied that the requirer of the public facilities element of the General Plan have been met insofar as they apply to this Tentative Subdivision Map approval. NOW, THEREFORE, BE IT RESOLVED by the Planning Commiss: the City of Carlsbad as follows: A) That the above recitations are true and correct. B) That in view of the findings heretofore made and consider: the applicable law, the decision of the Planning Commissic is to approve CT 77-2, subject to the following condition: xxxxxxxxxxxxxxxxxxx -3 - L5 w 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 ~ 0 0 I) The approval is granted for the land described in the application and any attachments thereto and as shown on th plot plan submitted labeled Exhibit A, dated April 13, 197 2) a) This subdivision is approved on the express condition the final map shall not be approved unless the City Co finds as of the time of such approval that sewer servi is available to serve the subdivision. b) This subdivision is approved upon the express conditio that building or grading permits will not be issued fo development on the subject property unless the City En determines that sewer facilities are available at the of application for such permit and will continue to be available until time of occupancy. If the City Enginc determines that sewer facilities are not applicable, building permits will not be issued until arrangement: satisfactory to the City Council, can be made to guar: that all necessary sewer facilities will be available to occupancy. This condition shall be noted on the fj map. c) This Tentative Subdivision Map shall be subject to an1 further approvals as may be necessary in connection wj such plan for the allocation of sewer service among competing uses as the City Council may adopt. If an allocation plan is adopted prior to final map approval the applicant shall satisfy the requirements of such plan as a further condition f this Tentative Subdivi Map approval. /p @&130*?8 - // 8 p.n.'+* 3) Lot No. Wf shall be dedicated to the City in conjunction Unit No. 1 Lot No. 145 shall be dedicated to the City i. conjunction with Unit No. 4. The dedication of these lot shall satisfy all of the requirements of Ordinance No. 91 4) All of the applicable mitigation measures as identified i Environmental Impact Report (EIR-llS(A) for this report s be implemented as follows: Required With Grading Permits: a) During grading and construction, all waste chemicals, especially lubricants, paints and fuels, shall be pro contained and transported off the site where they car recycled or destroyed. b) This subdivision is approved upon the express conditi that building or grading permits will not be issued development until all facilities, such as storm drair energy dissipators and desiltation basins, necessary prevent adverse impacts from project runoff shall be installed per the requirements of the City Engineer. c) Grading shall be limited to the minimum area necessax to accomplish the development. -4- '3 -. 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 0 0 d) e) f) 9) h) i) 3 k) 1) m) n) 0) P) Clearing operations shall not be initiated in advance grading. Grading activities shall be coordinated with the loca: precipitation pattern. Drainage facilities shall be constructed concurrent w: grading activities as required by the City Engineer. Final surface shall be watered and rolled to form a hardened, compacted cap of soil to minimize dust and erosion due to surface. Surface shall be graded so as to direct runoff toward planned drainages, and, if possible, away from cut an( fill slopes. Ground cover for slope erosion control shall be plant( and maintained per the requirements of the Parks and Recreation Director. The applicant and the City, when considering grading i improvement plans, shall strive to preserve as many mi eucalyptus trees as possible. Said plans shall show . location and size of all trees to be removed. Construction and grading equipment shall only be serv: and washed at locations adequately equipped to disposl wastes. Standard grading practices, such as watering for dust control, shall be used. Construction activities shall only take place between the hours of 7:OO A.M. and 7:OO P.M. Prior to the issuance of a grading permit, the applic< shall cause to have conducted a systematic posthole tl productions of a service map, and the preparation of ( report. This work shall be done by a recognized arch( ological organization to determine if additional step are necessary to preserve the archaeological resource the site. The organization shall submit a report to Planning Director setting forth its findings. Based on the report's findings, the Planning Director may cl the imposition of additional considerations deemed ne in view of the archaeological report: Required With Improvement Plans: Bike lanes and/or paths shall be provided as required City Council policy. Hosp Way shall be improved and connected to El Camino Real prior to, or concurrent with, the recordation of Phase No. 3 of this subdivision. -5- , -. . ? 0 0 1 5. All of the pathways required in the final PUD.plan shall f improved as required by the Parks and Recreatlon Director 2 II ~ City Engineer. 3 4 6. 5 6 7 7. An open space easement shall be granted to the City for each of the common open space lots. The open space easeme for lot No. 131, in the area between lots Nos. 120 and 121 shall provide for public access. Prior to the approval of the final map, the applicant shal submit a copy of the proposed covenants, conditions and restrictions (CC&R's) to be recorded with this subdivision to the Planning Director for his review. 8 PASSED, APPROVED AND ADOPTED at a regular meeting of tl. 9 City of Carlsbad Planning Commission held on March 8, 1977, b: 77 10 the following vote, to wit: SH4. &AD A13y //,I97 7 11 NOES : Commissioners Larson, Nelson 12 AYES: Commissioners Fikes, Jose, Watson, L'Heureux 13 14 15 16 17 ABSENT: Commissioner Rombotis EL2 l8 1 ATTEST: 19 I 24 25 26 27 II 28