HomeMy WebLinkAbout1975-10-29; Planning Commission; Resolution 1199,. 0 a
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PLANNING COMMISSION RESOLUTION 1199
RESOLUTION OF THE PLANNIb!G COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, CONCERNING AN AMENDMENT TO ORDINANCE 9404 , (SP-135) , 14HICH REVISES CERTAIN CONDITIONS FOR ONE DEVELOP- MENT OF A 190 UNIT CONDOMINIUM PROJECT , ON PROPERTY LOCATED EAST SIDE OF PASEO DEL NORTE BETWEEN POINSETTIA AND CAPIINO DE LAS ONDAS.
APPLICANT: OCCIDENTAL LAND CO. CASE NO. SP-l35(A)
WHEREAS, a verified application for a certain property, to wit:
That portion of the East 3 of the Northwest % of Section 28, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the County of San Diego, State of California, according to U.S. Survey approved Dctober 25, 1875,
has been filed with the City of Carl sbad and referred to the Planning
Commission; and
WHEREAS, said verified application constitutes a request as provided I
Title 21 of the "Carlsbad Municipal Code"; and
WHEREAS, the public hearing was held at the time and in the place spec
in said notice on October 29, 1975; and
WHEREAS, the appl icant has cornpl i ed with the Publ ic Faci 1 i ty Pol icy 0'
the City of Carlsbad and has provided the necessary information which insul
Publ ic Faci 1 i ties will be available concurrent with need; and
WHEREAS, the subject application has complied with the requirements 0'
City of Carlsbad "Environmental Protection Ordinance of 1972" in that an
Environmental Impact Report on the Master Plan of which the project is a pl
was certified in 1973. This report complies with the Ordinance under Sect
19.04.153, Prior Compliance; and
WHEREAS, at said public hearing, upon hearing and considering the
testimony and arguments, if any, of all persons who desired to be heard, s
Commission considered all factors relating to the Specific Plan Amendment
and found the following facts and reasons to exist:
(1) The project is consistent with the General Plan because:
a) The density of the project conforms with the designations o the Land Use Element; 32
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1 b) The project provides open space in conformance with the goa and policies of the Open Space Element.
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3 policies and standards because: (2) The improvements of the project are consistent with adopted City
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a) Agreement has been reached between the applicant and the Carlsbad Unified School District on the provision of a scho site;
b) All other facilities meet the requirements of the City and affected service districts.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
g Carlsbad as follows:
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A) That the above recitations are true and correct.
B) That an amendment to SP-135 be approved and that Section 3 of Ordinance No. 9404 be amended as follows:
1) Delete Condidion 2 of Section 3; 12
13 11 2) Amend Condition No. 19 to read as follows:
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Prior to final building inspection clearance for each phase all landscaping and irrigation facilities included in the landscape and sprinkler plans described in Condition 5 shal be installed. The applicant shall maintain said landscapin until such time as a Homeowners Association is formed in accordance with the CC&R's for this development.
I* I1 3) Amend Condition No. 12 to read as follows:
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Construction of the project shall be accomplished in two phases, as shown in Exhibit 6, dated October 9, 1975.
4) Add Condition No. 13 to read as follows:
A Homeowner's Association shall be established by the appli cant prior to occupancy of any phase of the project. Upon establishment said Homeowner's Association shall maintain a landscaping installed in conformance with Condition 10.
24 I/ 5) Add Condition No. 14 to read as follows:
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Prior to the issuance of any building permits the CC&R's fo1 project shall be submitted to the Planning Director for con: eration and approval. Said CC&R's shall contain language guaranteeing landscape maintenance in accordance with the al conditions, and guaranteeing maintenance of all private strl and drives .
6) Add Condition No. 15 to read as follows:
The location of the dwell ing units is not approved as shown Exhibit B, dated October 9, 1975. Prior to the issuance of building permits for either phase the applicant shall submi site plan exhibits to the Planning Director for approval wi suplex dwellinqs situated as follows: - 32
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a) Building height, yards, placement of buildings and lot coverage shall meet the standards of the R-2 zone classification.
~ b) Each lot shall have a usable rear yard upon the pad wh, has a minimum area of 1200 sq. ft. Should the agplica! wish to develop other than duplex housing he shall be required to apply for an amendment to this Specific P1,
PASSED, APPROVED AND ADOPTED at a regular meeting of the City of
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Carlsbad Planning Commission held on October 29, 1975, by the following vo
to wit:
9 AYES : Commissioners Watson, L'Heureux, Larson, Packard and F
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ABSENT : Commissioner Dominquez 11
NOES : Commissioner Jose
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ATTEST:
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