HomeMy WebLinkAbout1977-06-22; Planning Commission; Resolution 1376, s ..-w r'L, II 9
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PLANNING COMMISSION RESOLUTION NO. 1376
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A TENTATIVE TRACT MAP TO PROVIDE
28 LOTS ON 7.4 ACRES IN AN EXISTING R-1 AND
R-I-10,OOO ZONE, LOCATED ON THE SOUTH SIDE OF ELM AVENUE BETWEEN VALLEY STREET AND HIGH-
LAND DRIVE. CASE NO: CT 77-7 APPLICANT: RAY STOCKTON
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WHEREAS, a verified application for a certain property, '
wit:
All that portion of Lot 21 of Patterson's Addition, in t:
City of Carlsbad, County of San Diego, State of Calif-
ornia, according to Map thereof No. 565, filed in the
office of the County Recorder of said San Diego County,
September 22, 1888, and more particularly described in
the files of the City of Carlsbad Planning Department.
Assessor's Book 156, Page 51, Parcels 4 and 5.
has been filed with the City of Carlsbad and referred to the
Planning Commission; and
WHEREAS, said application constitutes a request as provit
by the "Carlsbad Municipal Code;'' and
WHEREAS, the public hearing to consider the subject requl
was held on June 22, 1977, at the time and in the place speci
in the public hearing notice, pursuant to the provisions of t
Carlsbad Municipal Code; and
WHEREAS, at said public hearing, upon hearing and consid
the testimony and arguments, if any, of all persons who desir
to be heard, said Commission considered all factors relating
the Tentative Tract Map request (CT 77-7) and found the follo
facts and reasons to exist:
1) The proposed map is consistent with the General Plan beca
a) The Land Use Plan Map designates the subject site fo Residential low-medium density (0-4 dwelling units p
acre) The subject project will provide approximate
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3.8 dwelling units per acre.
2) The design or improvement of the proposed subdivision is I
sistent with the General Plan because:
a) The project will provide orderly residential develop] and
b) The project will not cause excessive expansion of pul
facilities and/or expense to the taxpayer; and
3) The site is physically suitable for the type of developmer
because :
a) The proposed development will not affect any unusual
topographic or geologic features on the site;
b) No significant natural vegetation exists on the site,
4) The site is physically suitable for the proposed density ( development because:
a) Proposed dwelling units per acre do not exceed the a:
able maximum.
b) There are no significant physical features on the si.
that would hinder development as planned.
5) The design of the subdivision or the imposed irnprovezents not likely to cause substantial environment damage or sub- stantially and unavoidable injure fish or wildlife or thej habitat because:
a) A Negative Declaration has been issued for the propos
development (See No. 9 below).
6) The design of the subdivision or the type of improvements
not likely to cause serious public health problems because
a) Conditions of approval will insure the above.
7) The design of the subdivision or the type of improvements not conflict with the easements required by the public at
for access through or use of property within the proposed
subdivision because:
a) Conditions of approval will insure the above.
8) The subdivision will not prohibit reasonable access to puk
waterways, rivers, streams, lakes, reservoirs, coastlines
shorelines because:
a) The subdivision does not front on any of the above.
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The subject application has complied with the requirements ! 9) the Carlsbad Environmental Protection Ordinance of 1972
~ because:
a) A Negative Declaration has been issued for the projec
based on the following findings:
1. The project location is within an urbanized area,
2. No significant landforms or vegetation exist on
the site.
10) The proposed tentative tract map is consistent with appl:
City Public Facilities Policies and Ordinances because:
a) The Planning Commission finds that sewer service is I
available for this development as of the date of thi:
approval. However, sewer service may be available ir
future. The Planning Commission will by inclusion of
appropriate condition to this Tentative Subdivision b approval, insure that the final map will not be apprc unless the City Council finds that sewer service is available to serve the project. In addition, the P1z
Commission will add a condition that a note be placec
the final map providing that building permit may not
for lots in the subdivision unless the City Engineer
termines that sewer service is available. Since the
map cannot be approved unless sewer service is avail?
and building cannot occur within the subdivision unle sewer service remains available, the Planning Commis: is satisfied that the requirements of the public facj ities element of the General Plan have been met insof as they apply to this Tentative Subdivision Map apprc
b) All other necessary public facilities, including schc
are available to serve the subject project as propose
NOW, THEREFORE, BE IT =SOLVED by the Planning Commissior
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 consideri
the applicable law, the decision of the Planning Commissic
is to approve CT 77-7, subject to the following conditions
1) The approval is granted for the land described in the
application and any attachments thereto and as shown c
the plot plan submitted labeled Exhibit A, dated June
1977.
2) Park-in-lieu fees shall be paid to the City prior to
approval of the final map.
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3a) This subdivision is approved on the express conditi
that the final map shall not be approved unless the
Council finds as of the time of such approval that
service is available to serve the subdivision.
b) This subdivision is approved upon the express condi
that building permits or grading permits will not b
issued for development on the subject property unle
the City Engineer determines that sewer facilities i
available at the time of application for such permii
will continue to be available until time of occupanc
If the City Engineer determines that sewer facilitic
are not applicable, building permits will not be is:
until arrangements satisfactory to the City Council
be made to guarantee that all necessary sewer facil will be available prior to occupancy. This conditic
shall be noted on the final map.
c) This Tentative Subdivision Map shall be subject to ' further approvals as may be necessary in connection such plan for the allocation of sewer service among competing uses as the City Council may adopt. If al: allocation plan is adopted prior to final map appro7
the applicant shall satsify the requirements of sucl
plan as a further condition of this Tentative Subdil
Map approval.
4) Additional dedication along the Highland street fro]
(lot 28) shall be provided prior to recordation of 1
final map, to the satisfaction of the City Engineer
5) All public improvements shall be installed on Valle]
Street, Oak Avenue, Elm Avenue and Highland Drive tc
City standards except for a modified street section adjacent to lot 28 which would allow for the retentj of approximately 12 mature pine trees located withir
the existing right of way. Additional right of way along lot 28 may be required to facilitate the reter
of these trees.
6) The applicant shall pay reimbursement fees for sewel and storm drain facilities to the satisfaction of tl City Engineer, prior to recordation of the final mal
7) A 6' decorative, masonry wall, as approved by the Planning Director, shall be constructed along the rc
lot lines adjacent to Elm Avenue prior to the issual
of final occupancy of the affected units.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
City of Carlsbad Planning Commission held on June 22, 1977, b
the following vote, to wit:
AYES : Commissioners Larson, Watson, Woodward, Jos
L'Heureux.
ABSTAIN: Commissioner Rombotis
ABSENT : Commissioner Fikes - E IC LARSON, CHAIRMAN
ATTEST:
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