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HomeMy WebLinkAbout2007-11-06; City Council; 19206; Denial of appeal (Thomas Scott)CITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 19,206 10/23/07 CA DENIAL OF APPEAL OF CITY ENGINEERS DECISION APPROVING MINOR SUBDIVISION MS 07-01 (THOMAS SCOTT) DEPT. HEAD CITY ATTY. fJ25£ CITY MGR. y ^/ RECOMMENDED ACTION: Adopt Resolution No. 2007-279 denying the appeal and upholding the City Engineer's decision approving Minor Subdivision No. MS 07-01 (Thomas Scott). ITEM EXPLANATION: On July 18, 2007, the Deputy City Engineer, on behalf of the City Engineer, approved, with conditions a tentative parcel map subdivided one parcel into two residential lots (MS 07-01). On July 30, 2007, Mr. William J. Holleran (appellant) timely filed an appeal of the City Engineer's decision. That appeal came on regularly for hearing on September 18, 2007 and appellant requested a continuance to October 9, 2007. The City Council granted that continuance and the continued public hearing was held on October 9, 2007 resulting in a denial of the appeal (3-1) (Council Member Hall opposed, Council Member Nygaard absent). The Council should satisfy itself that the attached Resolution accurately reflects your intent in denying the appeal. FISCAL IMPACT: No significant fiscal impacts are anticipated. ENVIRONMENTAL IMPACT: The Planning Director determined that the City Engineer's approval of the Minor Subdivision was categorically exempt pursuant to CEQA section 15315 which was affirmed by the City Council. EXHIBITS: 1. Resolution No. 2007-279 DEPARTMENT CONTACT: Ron Ball 760-434-2801 FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED ^D D D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER -SEE MINUTES D 10/23/07 Adiourned to 11/6/07 1 RESOLUTION NO. 2007-279 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING THE APPEAL OF 3 THE CITY ENGINEERS APPROVAL OF MINOR 4 SUBDIVISION NO. MS 07-01 (THOMAS SCOTT) 5 WHEREAS, on July 18, 2007 the Deputy City Engineer, on behalf of the City 6 Engineer, approved with conditions, a tentative parcel map subdividing one parcel into 7 two residential lots (MS 07-01); and8 WHEREAS, the property proposed to be subdivided is owned by Mr. Thomas 10 Scott and is located on the east side of Highland Drive between Basswood and Pine 11 Avenues; and 12 WHEREAS, on July 30, 2007, a timely appeal of the City Engineer's decision 13 approving MS 07-01 was filed by Mr. William Holleran pursuant to Carlsbad Municipal 14 Code section 20.24.140; and WHEREAS, the appeal was timely scheduled for the City Council meeting of 16 September 18, 2007 at which the Council considered the written request of appellant to 17 continue the appeal until October 9, 2007 and the testimony of the subdivider, Thomas 18 Scott opposing the continuance. After deliberations, the Council determined to continue 20 the matter and subdivider agreed to the continuance until the Council's meeting of 21 October 9, 2007; and 22 WHEREAS, on October 9, 2007, the continued appeal came on regularly for 23 hearing and the City Council received oral and written testimony from all persons both in 24 favor and opposed and particularly from the appellant, the subdivider, received the staff 25 report and heard testimony from members of the public; and 26 27 28 1 WHEREAS, the matter was submitted at the close of the public hearing and after 2 careful consideration and deliberations, the City Council denied the appeal and affirmed •j the decision of the City Engineer approving the Minor Subdivision finding as follows: 4 1. That there was no reasonable possibility that the Minor Subdivision will 5 have a significant affect on the environment due to unusual circumstances and that the determination of a categorical exemption pursuant to CEQA guideline section 15315 6 was appropriate in that "Class 15 consists of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the 7 division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within two years, and the parcel does not have an average slope greater than 20 percent." 10 2. That the staff report findings are affirmed in that the the proposed project is the subdivision of land in an urbanized area, as defined by CEQA, zoned for residential use. The project is for a two lot subdivision where up to four may be exempt. The project complies with General Plan Land Use designation of Residential Low- 12 Medium and meets the Growth Management Control Point of 3.2 dwelling units per 13 acre. The project complies with the Residential Single Family Zoning requirements and development standards without the need for any variances or exceptions. All public 14 services are available to the subject site and access is available from Highland Drive. The subject site was not involved in a subdivision within the last two years. The 15 property does not have a slope greater than 20 percent. 16 4. That the proposed subdivision complies with all of the City's codes, standards, policies and ordinances and particularly with City of Carlsbad 17 Municipal Code 20.24.010 et seq. and 20.28.010 et seq. and the State 10 Subdivision Map Act, Government Code section 66410.lo 19 5. That the Council further finds there was no abuse of discretion of the City Engineer in approving the proposed Minor Subdivision. 20 6. That the Council finds that the conditions of approval including the 21 conditions regarding drainage and flood control are appropriate and provide adequate safeguards within the proposed subdivision and that water flow from 22 the proposed subdivision does not exceed that amount permitted by previous subdivision approvals. The Council further finds that such further safeguards and calculations will be determined at the time final improvement plans are 24 submitted and final grading plans are submitted for the proposed buildings on the resulting two lots. 25 26 27 28 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, by the City Council of the City of Carlsbad, California, orders as follows: 1. That the above recitations are true and correct. 2. That appellant's appeal be denied. 3. That the City Engineer's approval of Minor Subdivision MS 07-01 is affirmed and there was no abuse of discretion in such approval. 4. That appellant take nothing by way of his appeal. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 6tb day of November , 2007, by the following vote: AYES: Council Members Lewis, Kulcbin and Packard- NOES: Hall. ABSENT: None- ABSTAIN: Nygaard. ATTEST: LORRAINE M. WO |SEAL) City <