HomeMy WebLinkAbout1977-05-11; Planning Commission; Resolution 13661
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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.
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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.
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2) The design or improvement of the proposed subdivision is (
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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
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facilities and/or expense to the taxpayer.
3) The site is physically suitable for the type of developme:
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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:
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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.
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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:
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~ 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:
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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.
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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.
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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.
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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
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NOES : Commissioners Larson, Nelson 12
AYES: Commissioners Fikes, Jose, Watson, L'Heureux
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ABSENT: Commissioner Rombotis
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l8 1 ATTEST:
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