HomeMy WebLinkAbout1979-06-27; Planning Commission; Resolution 1527- ll e e
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PLANNING COMMISSION RESOLUTION NO. 1527
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A
DWELLING UNITS ON PROPERTY GENERALLY LOCATED WEST OF ZAMORA WAY, BETWEEN ALICANTE ROAD AND ALMADEN LANE.
CASE NO. : CP-6
APPLICANT: MORT O'GRADY
CONDOMINIUM PERMIT FOR TWENTY-THREE DETACHED
"- WHEREAS, a verified application for certain property, to
wit:
Lot 3 of La Costa Village in the County of San Diego, State of California, according
to map thereof, number 6621 filed in the office of the County Recorder of San Diego County, April 14, 1970
has been filed with the City of Carlsbad and referred to the
Planning Commission; and
WHEREAS, said verified application constitutes a request
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 13th day of
June, 1979, hold a duly noticed public hearing as prescribed 1
law to consider said request,; and
WHEREAS, an Environmental Impact Assessment has been pre.
pared and a Negative Declaration issued for the proposal basec
on the following justification:
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25 2) The project would constitute appropriate urban infilling since the area has been committed to similar development,
26 WHEREAS, at said public hearing, upon hearing and considc
2'7 the testimony and arguments, if any, of all persons who desire
1) The property has been previously disturbed by grading
activities. No significant flora or fauna exist on the site.
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to be heard, said Commission considered all factors relatin
the Condominium Permit (CP-61, and found the following fact
and reasons to exist:
1) The proposed project is consistent with the General P1
since it is within the density range allowable under the cu
General Plan land use designation.
2) The site is physically suitable for the type and densi
the development since the site is adequate in size and shap
accommodate residential development at the proposed density
3) The project is consistent with all City public facilit,
policies and ordinances since:
a) The applicant is on the Leucadia County Water Dis.
sewer allocation list, and sufficient sewer hookups ha.
been reserved for the project.
b) The Planning Commission finds that sewer service available for this development as of the date of this approval. However, sewer service may be available in future. The Planning Commission has, in inclusion of i
appropriate condition to this condominium permit, insu~
that the Planning Director will not approve the final ( minium plan unless the City Engineer finds that sewer :
vice is available to serve the project. In addition, 1
Planning Commission has added a condition that a note I
be placed on the final condominium plan that building
permits may not be issued for the condominium project unless the City Engineer determines that sewer service available. Since the final condominium plan cannot be
approved unless sewer service is available, and buildir
cannot occur within the project unless sewer service iz
available, the Planning Commission is satisfied that tk
requirements of the public facilities element of the GE
Plan have been met insofar as they apply to this condon
permit approval.
c) School fees to mitigate conditions of overcrowdins
required at the time of building permits pursuant to Ch
21.55 of the Carlsbad Municipal Code.
d) F7ater service will be provided by the Carlsbad
Municipal Water District, and the appl.icant is required
comply with their rules and regulations.
e) All other public facilities are available or will
required as conditions of approval.
4) The design of the development and required improvements
not cause any substantial environmental impacts and a Declar, tion of Negative Environmental Impact has been made.
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5) The proposed condominium project meets the criteria of tl
Condominium Ordinance since:
a) Storage space, laundry facilities, open recreation i
parking facilities, refuse areas, separate utilities, an(
other requirements of the Condominium Ordinance have bee] or will be made conditions of approval.
b) The condominiums meet the design criteria of the COI
minium Ordinance since the overall plan is comprehensive
embracing land, buildings, landscaping and their relatiol ships.
WHEREAS, the Planning Commission, by the following vote,
APPROVED CP-6, subject to certain conditions:
1) Approval is granted for the portion of land described in
application, CP-6, and all attachments thereto; and developme
shall be performed substantially as shown on CP-6, Exhibit A,
6/5/79, Exhibit B, dated 5/31/79, and Exhibits C, D, and E da
4/24/79, on file in the Planning Department Office, except fo modifications required herein.
2) The applicant shall comply with all rules and regulation of the Carlsbad Municipal Water District regarding water serv
to the condominium project. Should extensions to the existin
public water system be deemed appropriate by the Carlsbad Mun
Water District, the developer will be required to provide the
complete system.
In addition, the applicant shall submit to the City Engi
a letter from the Carlsbad Municipal Water District which app
in concept the proposed water system prior to final condomini
plan approval.
3) The applicant shall prepare a reproducible copy of the f
condominium site plan incorporating all requirements of the
condominium permit approval, and shall be subject to the appr
of the Planning Director.
4) The applicant will provide school fees to mitigate condi
of overcrowding as part of building permit applications. The
fees shall be based on the fee schedule in effect at the time
of building permit.
5) This condominium permit is approved upon the express con
dition that the final condominium plan shall not be approved the Planning Director unless the City Engineer finds as of
the time of such approval that sewer service is available to
serve the subdivision.
6) This condominium permit is approved upon the express con
that building or grading permits will not be issued for devel
ment of the subject property unless the City Engineer deter-
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mines that such sewer facilities are available at the time of
application for such permits and will continue to be availabl, until time of occupancy. If the City Engineer determines tha
sewer facilities are not available, building permits will not be issued.
7) The applicant shall submit to the City Engineer a letter
the Leucadia County Water District which approves in concept
the proposed plan approval.
8) A looped water system and fire hydrants shall be provide(
the applicant subject to the approval of the Fire Marshal.
9) In order to provide for fire protection during the const:
tion period, the applicant shall maintain passable vehicular
access to all buildings, and adequare fire hydrants with
required fire flows shall be installed as recommended by the
Fire Department.
10) All private.driveways shall be kept clear of parked vehic
at all times, and shall have posted "No Parking/Fire Access
Lane. l1
11) The proposed landscape plan shall be modified as follows
at least 50% of the Eucalyptus Cladocalyx trees shall be
installed 15 gallon size or greater; the Hedera Helix ground- cover shall be replaced with a more drought tolerant plant
species.
12) Street trees of a variety approved by the Parks and Recrt tion Department shall be installed to City specifications at
40 foot intervals along all public street frontages.
13) All condominium units shall be equipped with automatic
garage door openers and trash compactors.
14) Prior to occupancy of any units, the applicant shall est;
lish covenants, conditions and restrictions for the condominil
development which prohibits the erection or construction of
any fence or barrier within the development between and/or
around the individual dwelling units, except that a fence may be allowed which encloses only the patio area ad-jacent to eacl unit. Said CC and Rs shall be subject to the review and apprc of the Planning Director.
15) Prior to occupancy of any units, the applicant shall est;
a homeowners' agreenent which stipulates that refuse will be collected from each unit and transported to the refuse area on at least a weekly basis by maintenance workers of the development.
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16) The developer shall install a 5' sidewalk contiguous wit
existing curb along the Alicante Road and Zamora Way frontage
to the satisfaction of the City Engineer prior to the occupar
of any units.
17) The developer shall install standard city street lights
all public street frontages to the satisfaction of the City Engineer prior to occupancy of any units.
18) The developer must receive the approval of the City Engi
for the improvement plans, enter into the appropriate improve
ment agreement, post the required security for the constructi
of public improvements and pay the appurtenant fees prior to
the issuance of building permits.
19) The developer shall receive the approval of the City Eng
for a site grading plan prior to any construction being per- formed within the project site.
20) The developer must obtain the necessary documents for th
abandonment of the on-site drainage easement just off Zamora
Way from the County of San Diego prior to issuance of buildin
permits .
21) The electrical driveway gates shall be set back 15' from I-3
approved by the Fire Marshall prior to installation. 15
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1 the property line.
22) The electrical driveway gates' opening mechanism shall bc
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AYES : L'Heureux, Rombotis, Schick, Wrench, Marcus,
Jose, Larson
NOES : None
NOW, THEREFORE, BE IT HEREBY RESOLVED, that the foregoins
recitations are true and correct.
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ATTEST :
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._ <\,,,>. >I/, .., .~, , "23 ;pT.:,,\ :j % ~ ~ ~ j -."J"i* 9 .. \* \d/f-/ -, "-/,
STEPHEN M. L'HEURE
CARLSBAD PLANNING 1 !' /
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STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO ) CITY OF CARLSBAD ) ss
I, JAMES C. HAGMIAN, Secretary to the Planning
Commission of the City of Carlsbad, California, do
1 hereby certify that the foregoing resolution was duly
~ introduced, approved and adopted by the Planning
I Commission of the City of Carlsbad at a regular meeting
of said Commission held on the 27th day of June, 1979
by the following roll call vote:
AYES : L'Heureux, Rombotis, Schick, Marcus, Jose, Lars
NOES : None
ABSTAIN: None
ABSENT: Wrench
CP-6
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