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HomeMy WebLinkAbout1978-03-08; City Council; Resolution 5330% 1 2 3 4 5 6 7 8 9 9 RESOLUTION NO. 5330 A l?.FS LUTION OF THE CITY COUNCIL OF THE CI TY OF CARLSBAD, CALIFORNIA, DENYING TEiBJTATIVE SUBDIVISION MAP (CT 77-15), A 40-LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION on 17-1/2 ACmS GENERALLY LOCATED ON THE SOUTH SIDE OF EL CAMINO REAL BETWEEN KELLY DRIVE AND HIDDEN VALLEY - ROAD. APPLICANT: KEN REYNOLDS. WHEREAS, on October 12, 1977 the Carlsbad City Planning Commission adopted Resolution No. 1414 recommending to the City Council that Tentative Subdivision l4ap (CT 77-15) be approved; and WHEREAS, on February 21, 1978 the City Council held a public hearing on the matter, received all recommendations and heard all persons interested in or opposed to Tentative Subdivision Map (CT 77-15); and WHEREAS, said Tentative Subdivision Map has been declared to have a nonsignificant impact on the environment and a Negative Declaration has been prepared and filed in compliance with the requirements of the City of Carlsbad Environmental Protection Ordinance of 1972; NOW, THElIiEFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: A. That. the above recitations are true and correct, B. The the City Council makes the following findings of fact and conc:lusions in regard to Tentative Subdivision Map (CT 77-15): 1. That the proposed subdivision map is not consistent withtheapplicable general plan because the public 2. 3. facilities element of the general plan requires, before the Council may approve a subdivision, that they receive satisfactory evidence that all necessary public facilities and services will be available concurrent with need. The City has no available sewer treatment capacity and there is no prospect of obtaining any in the foreseeable future. Therefore, sewer service is not available to this subdivision. The evidence submitted by the subdivider, in regards to the suitability of septic tanks, is inadequate for the reasons contained in the Planning Director's memorandum to the City Manager, dated October 27, 1977, and. to the City Engineer's memorandums to the City Plar.ager, dated November 10, 1977 and March 2, 1978, and because it fails to demonstrate that each lot can in fact accommodate a septic tank. Approval of this subdivision without evidence of that sewer service, a necessary public facility, would violate the public facilities element of the general plan. That the design of the proposed subdivision is not consistent with the applicable general plan because the circulation element of the general plan requires that subdivisions be afforded safe and adequate egress and that the street pattern logicaliy interconnect with existing City streets. This subdivision would create an isolated island of the residential develop- ment with a single access onto a major arterial street. It may not be safe due to inadequate sight distances, and lack of traffic signal controls. Furthermore, the internal streets are not designed so as to interconnect with the City's street system in that they depend upon connections to proposed developments located within the Coastal Zone and in the Agua Hedionda Specific Plan area. That plan and the local Coastal Program for the area have not as yet been approved by the City of Carlsbad or the Coastal Commission and the development of the interconnecting streets may not be possible. The site is not physically suitable for the type of development or €or the proposed density of development because a substantial amount of grading will be required including the removal of most of the existing trees and structures. The necessary improvements will result in the intrusion of essentially a small, single family subdivision into a rural area: tl-.e subdivision proposes 27 lots of an area of 13,000 square feet or smaller, many of which will consist of large areas of slopes, The subdivider In addition, 2. . C. Subdivis proposes to provide sewer service to these lots through means of a septic system. has determined that lots should be of at least 15,000 sc:. ft. in area to support a septic system. While it may be possible to put in an initially functioning system on the lots proposed, they lack any extra area to accommodate new facilities in the event of failures which are of common occurrence. The reasons reflected in the findings and conclusions B (1) , indicate that there is insufficient evidence that each lot in the subdivision can be adequately served by septic systems The concentration of small lots and the lack of adequate evidence that septic systems will work, indicates that the site is not physically suitable for the type or density of development. The City Council That the City Council hereby denies approval of Tentative on Map (CT 77-15), pursuant to Government Code Sections 66474(a), (b), (c) and (d) , for the reasons and based upon the findings set out above ., an adjourned PASSED, APPROVED AND ADOPTED at / regular meeting of the City Council of the City of Carlsbad on the 8th day of March - , 1978 by the following vote, to wit: AYES : NOES : None ABSENT : None Councilmen Frazee, Lewis, Packard, Skotnicki and Councilwoman Casler ATTEST : ( SEAL) 3.