HomeMy WebLinkAbout1999-07-27; City Council; Resolution 99-2670 0
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RESOLUTION NO. 99-267
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DENYING WITHOUT PREJUDICE A
TENTATIVE TRACT MAP AND SITE DEVELOPMENT PLAN TO
SUBDIVIDE 4.93 ACRES INTO 15 LOTS WITH TWO SECOND
DWELLING UNITS ON PROPERTY GENERALLY LOCATED
NORTH OF MAGNOLIA AVENUE AND WEST OF VALLEY
STREET IN LOCAL FACILITIES MANAGEMENT ZONE 11
CASE NOME: MAGNOLIA GARDENS
CASE NO.: CT 98-1 2/SDP 98-22
The City Council of the City of Carlsbad, California, does hereby resol!
as follows:
WHEREAS, a verified application for a tentative map for certain propel
wit:
That portion of Tract 245 of Thum Lands, in the City of
Carlsbad, County of San Diego, State of California, according to
Map thereof No. 1681, filed in the Office of the County Recorder
of San Diego County, December 9,1915
has been filed with the City of Carlsbad and referred to the Planning Commission; anc
WHEREAS, the Planning Commission did on May 19, 1999, hold a
noticed public hearing as prescribed by law to consider a proposed Mitigated Neg
Declaration and Mitigation Monitoring and Reporting Program, Tentative Tract Map:
Site Development Plan to create and develop a 15 lot residential subdivision witt
second dwelling units, and adopted Planning Commission Resolutions No. 4548,
and 4550 recommending to the City Council that the Mitigated Negative Declaratior
Mitigation Monitoring and Reporting Program, Tentative Tract Map, and
Development Plan be approved; and
WHEREAS, on July 6, 1999, the City Council of the City of Carlsbad h
duly noticed public hearing as prescribed by law to consider the recommendatior
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heard all persons interested in or opposed to the Mitigated Negative Declaration
Mitigation Monitoring and Reporting Program, Tentative Tract Map, and
Development Plan,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the C
Carlsbad, California, as follows:
1. That the foregoing recitations are true and correct.
2. The Council finds that the property can be served adequately w
public street without the intensity and density of panhandle lots which are presentc
this application. The necessity for panhandle lots does not arise due to unL
topography or surrounding land development. Indeed, surrounding parcels are va
or undeveloped and approval of this subdivision would forecast their development
panhandle lots. There may be better configurations by combining with adjacent par
or acquiring interest in adjacent parcels or by reducing the density and intensity oi
proposed subdivision. In effect, the site is not physically suitable for the propc
density of development with panhandle lots.
3. The Council further finds that the subdivision with panhandle lots
adversely affect the ability to provide full public street access to other properties w
the same block of the subject property and will necessarily require that the adjal
property also be served by panhandle lots.
4. The Council further cannot find that from the evidence submittec
the site plan that all of the requirements of section 21 .I 0.080 will be satisfied and
any panhandle lot may be approved at less than 10,000 square foot lots.
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5. The application is remanded to staff for further processing in light of i
comments received at its meeting of July 27, 1999, and to be returned to the City COL
at a future public hearing for consideration.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Ci
Council of the City of Carlsbad held on the 27 th day of J1]lV
1999 by the following vote, to wit:
AYES:council Members Finnila, Hall & Kulchin
NOES: None
ABSENT: Council Members L
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