HomeMy WebLinkAbout2007-11-09; City Council; Resolution 2007-2791 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
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Engineer, approved with conditions, a tentative parcel map subdividing one parcel into
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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
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September 18, 2007 at which the Council considered the written request of appellant to
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continue the appeal until October 9, 2007 and the testimony of the subdivider, Thomas
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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
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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
the decision of the City Engineer approving the Minor Subdivision finding as follows:
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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,
9 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
11 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-
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
18 Subdivision Map Act, Government Code section 66410.
19 5. That the Council further finds there was no abuse of discretion of
the City Engineer in approving the proposed Minor Subdivision.
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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.
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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 I/I. WO
fS