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HomeMy WebLinkAbout1976-09-22; Planning Commission; Resolution 1271I 1 2 3 4 5 6 7 8 0 e PLANNING COMMISSION RESOLUTION NO. 1271 RESOLUTION OF THE PLANNING COMMISSION OF ING AMENDMENTS TO ORDINANCE NO. 9315 OF DEVELOPMENT, TO PROVIDE FOR A PHASING PLAN WITH REVISIONS TO THE PLAN AREA AND PARK SITE, ON PROPERTY LOCATED EAST OF EL CAMINO REAL BETWEEN MARRON ROAD AND ELM AVENUE EXTENSION. THE CITY OF CARLSBAD, CALIFORNIA, CONCERN- THE MASTER PLAN (MP-5) FOR THE TIBURON CASE NO.: MP-5(A) APPLICANT: LARWIN-SOUTHERN CALIFORNIA 9 WHEREAS, a verified application for a certain property, i lo 12 and referred to the Planning Commission; and 'I. shown on the attached map has been filed with the City of Car WHEREAS, said verified application constitutes a request l3/1 provided by Title 21 of the "Carlsbad Municipal Code"; and 14 11 WHEREAS, the public hearing was held at the time and in 15 16 place specified in said notice on September 22, 1976; and WHEREAS, at said Public Hearing , upon hearing and consid l7 18 1 the testimony and arguments, if any, of all persons who desir 19 be heard, said Commission considered all facts relating to th 20 Master Plan Amendment, found the following facts and reasons 21 exist: 1) The proposed Master Plan Amendment is consistent with tl 22 General P1 an because: 23 a) The land use and density of the project (15.4 and ! 27 consistent with applicable elements of the General b) Open space and circulation are provided for in a m, 26 Residential Medium density, 4-10 dwellings per acrc 25 Medium-High density, 10-20 dwellings per acre, and in the Land Use Element of the General Plan (Resid( 24 dwellings per acre) conform to the site's designat. prior compliance (Section 19.04.153) because: of Carlsbad Environmental Protection Ordinance of 1972 28 2) The proposed Master Plan Amendment is consistent with C e 0 1 2 3 4 a) An Environmental Impact Report (EIR-57) for a prior project on the site was certified by City Council; and b) The phasing modifications approved in this amendmen entail no impacts not addressed in the original Env mental Impact Report. 5 6 3) The proposed Master Plan Amendment conforms to applicabl City policies and ordinances dealing with public facilit because: 7 8 9 10 11 12 13 14 15 16 17 18 19 i 20 21 22 23 a) The provision of Public Facilities has been assured meeting City standards concurrent with need, as con tions of approval of this amendment and prior proje approvals on the site; b) The dedication of and payment of parks fees have be guaranteed as conditions of approval of this amendrr and c) The availability of school facilities concurrent wi need has been guaranteed. NOW, THEREF,ORE, BE IT RESOLVED by the Planning Commissic of the City of Carlsbad as follows: A) That the above recitations are true and correct. B) That an Amendment to MP-5 be approved and that Ordinancc 9315 be amended as follows: 1) Condition No. 1 is amended to read: "Approval of this Master Plan is granted for land described in application and attachments thereto, and as shown 1 the plot plan labeled Exhibit A, dated August 11, The location of all roads, open spaces , landscapin1 and other features, other than buildings, shall be located substantially as shown on the plot plan la Exhibit A. All development shall be processed in accordance with, and shall meet the requirements o Section 21.38.150 of the Planned Community Zone (E veloped Areas of Existing Planned Communities) and ordinance." 24 25 26 27 28 2) Condition No. 2 is amended to read: "The total nu of dwelling units permitted in the areas shown for townhouses use on Exhibit A, dated August 11, 197 shall not exceed 486. The total number of dwellin units permitted in the area shown for garden apart on Exhibit A shall not exceed 225 units, which sha include a density bonus of 35 units in considerati of the dedication of a portion of Lot 495 for Park purposes (Condition No. 5)." -2- -r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 3) Condition No. 3 is deleted. 4) Condition No. 4 is deleted. 5) Condition No. 5 is amended to read: "The portion 0' the park site shown as P-1 on Exhibit 'A', dated August 11 , 1976, shall be dedicated to the City of Carlsbad in fee for Parks purposes prior to final Council approval of the amending ordinance to MP-5( Additional land within the area shown as 'Park Site Exhibit 'A' shall be dedicated in fee to the City o Carlsbad for Parks purposes with each additional di cretionary approval for a Tentative Map, Planned Un Development, Specific Plan Amendment or Master Plan Amendment, untilthe entire 'Park Site' has been so dedicated. The area of each such site shall be equ to one acre for each 40 dwelling units given approv In no event, however, shall the area dedicated be 1 than 2.5 acres in area. The order of dedications 5 correspond to order shown on Exhibit 'A'. The prec boundaries of the areas to be dedicated shall be dr mined by the City Council at the time of discretior approval . 'I 6) Condition No. 6 is deleted. 7) Condition No. 7 is amended to read: "The souther12 of Marron Road shall be dedicated and improved to extend to the southeasterly boundary of the garden apartment parcel on the basis of a 42 foot half st section, according to the City of Carlsbad Standar prior to issuance of a building permit for the gar apartments." 8) Condition No. 8 is added as follows: "Elm Avenue of-way as shown in Exhibit 'E', dated June 19, 197 together with construction slope easements , shall offered for dedication prior to the issuance of bu permits for any development within the Master Plan area following adoption of this amending ordinance The Elm Avenue right-of-way as shown in Exhibit 'E dated June 19, 1975, shall be dedicated to the Cit of Carlsbad, together with construction slope easc ments, upon the recordation of the Final Map for t second phase of the development. Elm Avenue shall be improved upon the recommendat; of the Final Map for the second phase of the devel ment so as to provide for improvements within a 4: right-of-way between the intersection of Avenida 1 and Elm Avenue easterly along the center line of Avenue to Sta 13+60 as shown on Exhibit 'E', date 19, 1975, and from Sta. 18+55 to the easterly bou -3- . * * 0 1 2 3 4 of the Master Plan as amended (MP-5A) and shown on Exhi bit 'A', dated August 11, 1976. Elm Avenue shall be improved so as to provide for improvements within the full 84 foot right-of-way between Sta. 13+60 and Sta. 18+55 as shown on Exhibit 'E', dated June 19, 1975. 5 6 7 8 9 10 11 12 13 The applicant shall fulfill the intent of this cond tion regardless of when property over which propose Elm Avenue crosses is dedicated to the City for par open space, and recreation purposes." 9) Condition No. 9 is added as follows: "A realigned perpendicular intersection shall be constructed at Appian Way and Elm Avenue. Appian Way right-of-waj and slope easements shall be offered for dedicatior bonded for, and dedicated and improved in the same manner described for Elm Avenue in Condition No. 8 above, based on a 60 foot full width within the tentative map boundary and improved based on a 28 foot minimum street section south of the tentative map boundary to a point where it conforms with the existing alignment and grade of Appian Way, as appr by the City Engineer." 14 15 16 10) Condition No. 10 is added as follows: "The applicl shall pay Parks-in-lieu fees at a rate of $45.00 PI dwelling unit prior to approval of each Final Subd Map, or Final Planned Unit Development Plan in the of the Garden Apartment area." 17 City of Carlsbad Planning Commission held on September 22, 1 18 PASSED, APPROVED AND ADOPTED at a regular meeting of th 1911 by the following vote, to wit: 20 AYES: Commissioners Larson, L'Heureux, Watson, Nels Rombotis and Jose. 21 22. 23 24 25 26 NOES: None ABSENT: Commissioner Fikes ABSTAIN: None ATTEST: 27 28 /& 2; /- 4 Donald A. 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