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HomeMy WebLinkAbout1996-11-06; Planning Commission; Resolution 4000c 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 PLANNING COMMISSION RESOLUTION NO. 4000 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING WITHOUT SUBDIVIDE 4.39 ACRES INTO 30 LOTS ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF XANA WAY BETWEEN CORINTIA STREET AND ALGA ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 6 CASE NAME: BROOKFIELD MEADOWS CASE NO.: CT 96-04 WHEREAS, Okon Development Co., “Developer”, has filed a ve application with the City of Carlsbad regarding property owned by Edgecrest Investn Ltd., “Owner”, described as PREJUDICE CARLSBAD TRACT NUMBER CT 96-04 TO Lot 224 and a portion of Lot 223, Carlsbad Tract No. 84-23, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 11241, recorded in the office of the County Recorder of said County (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Map as shown on Exhibits “A”-“O” dated November 6, 1996, on file in the Pla Department Brookfield Meadows (CT 96-04), as provided by Chapter 20.12 of the C~I Municipal Code; and WHEREAS, the Planning Commission did, on the 6th day of November hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testi and arguments, if any, of persons desiring to be heard, said Commission considered all fi relating to the Tentative Tract Map. ... ... II 0 0 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the PI2 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Pla Commission DENIES WITHOUT PREJUDICE Tentative Tract Map C 04, based on the following findings: Findings: 1. That the proposed map and the proposed design and improvement of the subdivisil consistent with and satisfies all requirements of the General Plan and any applj specific plans, and will not cause serious public health problems, but is not cons. with and does not satisfy all requirements of Titles 20 and 21 of the Car Municipal Code, and the State Subdivision Map Act in that it does not pr adequate distance between structures as required by Chapter 21.45 of the Mun Code and Administrative Policy No. 16, and does not comply with the City’s I Lot Single Family Guidelines pursuant to City Council Policy No. 44. 2. That the proposed project is compatible with the surrounding future land uses surrounding properties are designated for medium density residential developme the General Plan, in that the project is a residential project which has a density ol du/ac. 3. That the site is not physically suitable for the type and density of the development the site is not adequate in size and shape to accommodate residential development : density proposed, in that the proposed design does not comply with the requiren of the PUD regulations for minimum distance between structures thr Administrative Policy No. 16, and does not comply with the City’s Small Lot S Family Guidelines pursuant to City Council Policy No. 44. 4. That the design of the subdivision or the type of improvements will not conflict easements of record or easements established by court judgment, or acquired b, public at large, for access through or use of property within the proposed subdivisio that the project has been designed and structured such that there are no con: with any established easements. 5. That the property is not subject to a contract entered into pursuant to the Conservation Act of 1965 (Williamson Act). 6. That the design of the subdivision does not provide, to the extent feasible, for f, passive or natural heating or cooling opportunities in the subdivision, in that structures do not incorporate adequate separation between structures as requ by the PUD regulations (Chapter 21.45) and Administrative Policy No. 16. PC RES0 NO. 4000 -2- 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 1 0 7. That the Planning Commission has considered, in connection with the housing pro by this subdivision, the housing needs of the region, and balanced those housing against the public service needs of the City and available fiscal and environn resources. 8. That the design of the subdivision and improvements are not likely to cause subst environmental damage nor substantially and avoidably injure fish or wildlife or habitat, in that there are no fish or wildlife or their habitat on the site, and the Part-I1 prepared for the project concluded that there would be no signil impacts from the project. 9. That the discharge of waste from the subdivision will not result in violation of ex California Regional Water Quality Control Board requirements, in that the drai requirements of the proposed project have been considered and approp drainage facilities have been designed, and the project would be required to co: with all applicable City Engineering Standards, the City’s Master Drainage : and the National Pollutant Discharge Elimination System (NPDES) standards. ... ... ... ... .. . ... ... ... . .. ... .. . ... ... ... I PC RES0 NO. 4000 -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 e 0 PASSED, APPROVED AND ADOPTED at a regular meeting of the pla~ Commission of the City of Carlsbad, California, held on the 6th day of November 1996, t following vote, to wit: AYES: Commissioners Heineman, Monroy, Nielsen and Savary NOES: Chairperson Compas, Commissioners Noble and Welshons ABSENT: None ABSTAIN: None LtL& L%vy2w WILLIAM COMPAS, Chairpetson CARLSBAD PLANNING COMMISSION ATTEST: % MICHAEL J. H~LZM~LER Planning Director PC RES0 NO. 4000 -4-