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HomeMy WebLinkAbout1980-03-12; Planning Commission; Resolution 1604C,. - .. e e 1 2 3 4 5 6 7 8 PLANNING COMMISSION RESOLUTION NO. 1604 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL TO REVISE AN EXISTING TENTATIVE MAP TO PROVIDE FOR THE PHASING OF 101 LOT SINGLE FAMILY AND 2 LOT CONDOMINIUM PROJECT, SOUTH OF ALGA ROAD, BETWEEN ALICANTE AND CADENCIA. APPLICANT: LA COSTA LAND COMPANY CASE NO:. CT 75-6 (B) WHEREAS, a verified application for certain property to 9 /I wit: 10 I' provided by Title 21 of the Carlsbad Municipal Code; and l4 WHEREAS, said verified application constitutes a request 13 Planning Commission; and l2 has been filed with the City of Carlsbad, and referred to the A portion of Section 25, Township 12 South, Range 4 West, San Bernadino Meridian, San Diego County, Californi 15 11 WHEREAS, this project has been processed through environm l6 l7 review as required in Title 19, the Environmental Protection Ordinance. An Environmental Impact Assessment (Log No. 646) h l8 been prepared and a Negative Declaration issued based on the 19 I following justification: 2o 1) The project is administrative in nature, and would have n 21 22 2) The property has been significantly modified through prev 23 3) The originally approved Tract Map (CT 76-5) which created 24 the subject subdivision, received a negative declaration, finding no significant environmental impact from the 25 proposed subdivision. 26 WHEREAS, the Planning Commission did, on the 27th day of 27 effect on any significant environmental resources. grading and roadway construction activities. January, 1980, hold a duly noticed public hearing as prescribe 28 by law to consider said request; and .I - .. e a 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, at said public hearing, upon hearing and conside all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating t the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A. That the above recitations are true and correct. B. That based on the evidence presented at the public hearir the Commission finds the following findings and conditior to exist: Findings 1) The proposed map is consistent with the General Plan because : a) The project density conforms with the Land Use Element designation of residential low-medium density, 0-4 du/acre and residential medium high density, 10-20 du/acre; and 2) The site is physically suitable for the type and density of development because: a) The subdivision has been designed recognizing the natural slope and soil constraints of the site; and b) The projects low density allows for the physical consideration of the site. 3) The proposed project has been found to have an insig- nificant adverse impact on the environment and a Negative Declaration has been filed by the Planning Director. 4) This project is consistent with all public facility policies and ordinances because: a) The Planning Commission has, by inclusion of an appropriate condition, insured that the final map for each phase shall not be approved nor shall building permits be issued unless the City Council finds that sewer service is available to serve the project. ///// -2- II - .\ .- e e 1 2 3 4 5 6 7 8 9 lo; 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I Since the final map cannot be approved unless sewer service is available, the building cannot occur within the project unless sewer service remains available, the requirements of the public facilities element of the general plan have been met insofar as they apply to sewer service for this and tentative map approval. b) The proposed subdivision has been approved by the affected school districts. c) Water service will be provided by Costa Real Municipal Water District. d) Gas and electric service will be provided by SDG&E. e) All necessary on-site and adjacent public facilities would be required as per the City's Public Improvement Ordinance or as conditions of approval. f) The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan Conditions 1) Approval is granted for CT 75-6 (B) as shown on Exhibit "E dated 2/26/80, on file in the Planning Department incorpc by reference. Development shall be substantially as show on this exhibit unless otherwise noted in these condition 2. All conditions of CT 75-6 (City Council Resolution No. 37 unless otherwise noted in CT 75-9(A) and herein, shall remain in effect and be met prior to recordation of the final map of Phase I. All conditions of CT 75-6(A) (City Council Resolution No. 3860), unless otherwise note in CT 75-9(A) and herein, shall remain in effect and be m prior to recordation of the final map of Phase I. 3. This subdivision is approved upon the express condition that the final map shall not be approved nor shall any building permits be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of said final map approval and application for such building permits and will continue to be available until time of occupancy. If the City Engineer determines that sewer facilities are not available, the final map shall not be approved nor shall building permits be issued. - -3- .. - 47 , . * ._ A.. e 0 I. 4. Only one vehicular access point shall be allowed onto Alicante Road from Lots 1 and 2 of Phase 2 and shall access shall be placed on the final map. 2 be aligned with Altiva Place. A note indicating said 3 4 should be amended as follows: 5. Condition No. 4 of City Council Resolution No. 3860(A) 5 6 7 a 9 10 11 12 13 14 15 16 17 18 Concurrent with final map recordation of Phase I, the applicant shall dedicate Lot 1 of Phase I labeled "Park S and all areas designated "open space to be designated" on Exhibit E, dated 2/26/80. The park so dedicated shall be 2.9 acres in size and shall be provided across from a 20' access easement from Alga Road as shown on said Exhibit E 6) At the time of development of condominiums on lot 1 and 2 of Phase, an application for a condominium permit and a tentative map shall be submitted to the Planning Department subject to the approval of the City Council. 7) The applicant shall submit a geotechnical report to the City Engineer which is subject to his approval prior to issuance of a grading permit. 8) This approval is expressly conditioned on the payment by the applicant of a public facilities fee as required by City Council Policy No. 17, dated August 29, 1979, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee. If said fee is not paid as promised, this application will not be consistent with the general plan and the project cannot proceed and this approval shall be void. PASSED, APPROVED AND ADOPTED at a regular meeting of the l9 /I Planning Commission of the City of Carlsbad, California, held I 2o 11 on the 12th day of March, 1980, by the following vote, to wit: 21 ll AYES : Schick, Marcus, Leeds, Larson 22 11 NOES: None 23 11 ABSENT: Friestedt, Rombotis 24 I/ ABSTAIN : Jose h w II