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HomeMy WebLinkAbout1983-03-23; Planning Commission; Resolution 2095II 0 ; A= ,< 0 1 2 3 4 5 6 PLANNING COMMISSION RESOLUTION NO. 2095 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MASTER PLAN AMENDMENT TO EXPAND THE BOUNDARIES OF THE CALAVERA HILLS MASTER PLAN AREA ON PROPERTY GENERALLY LOCATED ON THE SOUTHERLY END OF GLASGOW DRIVE ADJACENT TO TAMARACK AVENUE. APPLICANT: ROY J. WARD COMPANY CASE NO: MP-I5O(D) 7 // WHEREAS, a verified application for certain proper' 811 wit: 9 Lot 29 of Calavera Hills according to Map No. 9335 filed December 16, 1982, and a portion to Map 823 filed November 16, 1896, 10 of Lot "E" of Rancho Agua Hedionda according 11 has been filed with the City of Carlsbad, and referred to t "I/ Planning Commission; and l3 /I WHEREAS, said verified application constitutes a r l4/1 provided by Title 21 of the Carlsbad Municipal Code; and 15 11 WHEREAS, the Planning Commission did, on the 23rd 16 17 March, 1983, hold a duly noticed public hearing as prescrib law, to consider said request: and 18 19 WHEREAS, at said public hearing, upon hearing and I considering all testimony and arguments, if any, of all per 20 21 desiring to be heard, said Commission considered all factor relating to the Master Plan; and 22 /I NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann 23/1 Commission as follows: 24 25 26 27 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hec the Commission recommends APPROVAL of MP-l50(D), based following findings and subject to the following condit I ~ Findings: 28 1) The master plan amendment will allow this property to in accordance to its General Plan designation for the .’ . 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 1 outlined in the staff report. 2) The master plan amendment will not adversely effect thc existing single family development to the north and ea! the reasons outlined in the staff report. 3) This project will not cause any significant environmen. impacts and a Negative Declaration has been issued by Use Planning Manager on March 11, 1983, and approved b: Planning Commission on March 23, 1983. General Conditions: 1) Approval of Master Plan 150(D) is granted subject to t approval of ZC-273 and CT 83-3/PUD-51. 2) The City is defending two lawsuits which seek to colle damages and reimbusement for the cost of constructing Tamarack Avenue from El Camino Real to the boundaries Lake Calavera Hills master plan area (MP-I50(A)) as su boundaries existed prior to this amendment. The City believes these cases are without merit and that no darr reimbursements are owed. However, if reimbursement or damages are ordered, awarded or established, this appl as the owner of property benefitted by the road, prior obtaining a final map for the subject property, shall an agreement with the City whereby the applicant cover pay its proportionate share of any reimbursement or de ordered, awarded, or established as a result of these other similar lawsuits. //// //// //// //// //// //// //// //// //// //// //// //// PC RES0 NO. 2095 2. . 1. 1 2 3 4 5 6 7 8 9 0 0 PASSED, APPROVED AND ADOPTED at a regular meeting c Planning Commission of the City of Carlsbad, California, hel the 23rd day.of March, 1983, by the following vote, to wit: AYES : Chairman Schlehuber, Commissioners Marcus, NOES : None. Rombotis, Farrow, Friestedt and Rawlins, ABSENT: Commissioner Jose. ABSTAIN : None. 10 11 12 CARLSBAD PLANNING COMMISSI( ATTEST : &U\ CLARENCE SCHLEHUBER, Chair1 13 14 15 LAND USE PLANNING MANAGER 16 17 18 19 2o I 21 22 23 24 25 26 27 28 PC RES0 NO. 2095 3.