HomeMy WebLinkAbout1976-09-22; Planning Commission; Resolution 1272w w W
3. I/ PLANNING COMMISSION RESOLUTION NO. 1272
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RESOLUTION OF THE PLANNING COMMISSION OF
ING AMENDMENTS TO ORDINANCE NO. 9433 OF THE
DEVELOPMENT, TO PROVIDE FOR A PHASING PLAN WITH REVISIONS TO THE PLAN AREA AND PARK SITE, ON PROPERTY LOCATED EAST OF EL CAMINO
TENSION,
THE CITY OF CARLSBAD, CALIFORNIA, CONCERN-
SPECIFIC PLAN (SP-104A) FOR THE TIBURON
REAL BETWEEN MARRON ROAD AND ELM AVENUE EX-
CASE NO. : SP-104B APPLICANT: LARWIN-SOUTHERN CALIFORNIA
8 II 9 WHEREAS, a verified application for a certain property,
lo shown on the attached map has been filed with the City of Car
'l/( and referred to the Planning Commission; and
I.z I! WHEREAS, said verified application constitutes a request
13// provided by Title 21 of the "Carlsbad Municipal Code; and
14 11 WHEREAS, the public hearing was held at the time and in
15/) place specified in said notice on September 22, 1976; and
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WHEREAS, at said Public Hearing, upon hearing and consid
the testimony and arguments, if any, of all persons who desir
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to be heard, said Commission considered all facts relating to
Specific Plan Amendment, found the following facts and reason
2o 1 exist:
21 1) The proposed Specific Plan Amendment is consistent with
22 General Plan and applicable Master Plan because:
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a) The land use and density of the project (5.7 dwelli per acre) conform to the site's designation in the Land Use Element of the General Plan (Residential C Density, 4-10 dwellings per acre);
b) Open space and circulation are provided for in a ma consistent with applicable elementsof the General F and
c) The land use and density of the project (486 reside units) conform to the requirements of the applicabl Master Plan (486 residential units).
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2) The proposed Specific Plan Amendment is consistent with .
City of Carlsbad Environmental Protection Ordinance of l!
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by prior compliance (Section 19.04.153) because:
,a) An Environmental Impact Report (EIR-57) for a prior project on the site was certified by the City Counc and
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b) The phasing modifications approved in this amendmen entail no impacts not addressed in the original Env mental Impact Report.
3) The proposed Specific Plan Amendment conforms to applica City policies and ordinances dealing with public facilit because:
a) The provision of Public Facilities has been assured meeting City standards concurrent with need, as conditions of approval of this amendment and prior project approvals on the site:
b) The dedication of and payment of parks fees have be guaranteed as conditions of approval of this amendm and
c) The availability of school facilities concurrent wi need has been guaranteed.
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NOW, THEREFORE, BE IT RESOLVED by the Planning Commissio
of the City of Carlsbad as follows:
A) That the above recitations are true and correct.
B) That an Amendment to SP-104A be approved and that Ordina
19 No. 9433 be amended as follows:
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1 ) Condition No. 1 is amended to read: "The approval this Specific Plan (SP-14B) is granted for the land cribed in the application and any attachments there and as shown on the plot plan labeled Exhi bit 'A' , August 11, 1976. The location of all buildings, rc open spaces, recreation areas, parking areas and ot facilities shall be located substantially as shown plot plat labeled Exhibit 'A' except as otherwise i ted herein. 'I
2) Condition No. 4 i.s amended to read: "The Elm AvenL right-of-way as shownin Exhibit 'E', dated June 19. 1975, shall be dedicated to the City of Carlsbad, i with construction slope easements, upon the record? of the Final Map for the second phase of the develc
Elm Avenue shall be improved so as to provide for i
provements within a 42 foot right-of-way between ti
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intersection of Avenida de Anita and Elm Avenue easterly along the center line of Elm Avenue to Sta. 13+60 as shown on Exhibit 'E' , dated June 19, 1975, and from Sta. 18+55 to the easterly boundary of the Specific Plan as amended (SP-104B) and as shown on Exhibit 'A', dated August 11, 1976. Elm Avenue shall be improved so as to provide for impro' ments within the full 84 foot right-of-way between Sta. 73+60 and Sta. 18+55 as shown on Exhibit 'E', I June 19, 1975.
The applicant shall fulfill the intent of this cond- regardless of when property over which proposed Elm Avenue crosses is dedicated to the City for park, ol space, and recreation purposes."
3) Condition No. 5 is amended to read: "Appian Way right-of-way and slope easements shall be dedicated and improved in the same manner described for Elm Avenue in Condition No. 4 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 approved by the City Engineer. I'
4) Condition No. 8 is amended to read: "Street improve as required by Ordinance shall be constructed in acc dance with City standards, subject to the approval c the City Engineer on all streets within the developn and on Elm Avenue and Marron Road as shown in the Ma Plan (MP-5A) and this Specific Plan."
5) Condition No. 13 is amended to read: "Parking shall provided as follows:
a) Within the boundaries of Phase I of SP-1048, a ratio of 2.75 spaces per dwelling unit shall be provided. Two of these parking spaces shall be in private garages. The remaining spaces ma be located on-street, provided that the length Avenida de Anita bordering the Garden Apartment site shall not be counted in computing on-stree parking.
b) Within the boundaries of Phase I1 of SP-104BY a ratio of 3.00 spaces per dwelling unit shall be provided. Two of these parking spaces ahall be in private garages. At least 25% of the remain required spaces shall be provided as off-street guest parking."
6) Condition No. 14 is amended to read: "A separate screened, accessable recreation vehicle storage area
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shall be provided in a location approved by the
Planning Director prior to the occupancy of any units in Phase I1 of SP-104B."
7) Condition No. 18 is deleted.
8) Condition No. 25 is amended to read: "Construction
of any model structures other than those existing structures indicated on Exhibit 'A' as '(Exist)Mode Site & Rec. Area' shall require the approval of the Planning Commission.''
9) Condition No. 27 is deleted.
10) Condition No. 36 is added as follows: "Prior to tht issuance of building permits following adoption of the amending ordinance, the applicant shall submit and the Planning Department shall approve a revised plot plan which includes: (1) the adopted alignmen. of Elm Avenue; (2) The relocation and/or removal of any dwellings necessary to accommodate the adopted alignment of Elm; (3) the proposeduse of that area labeled 'Area 8' on Exhibit 'A' dated August 11 , 1976. 'I
11) Condition No. 37 is added as follows: "Emergency access shall be maintained between lots 331-338 and 335-339 as shown on Exhibit 'A' dated August 11, 19i
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City of Carlsbad Planning Commission held on September 22, 19;
by the following vote, to wit:
AYES : Commissioners Larson, L'Heureux, -Watson, Nelson Rombotis and Jose.
2o II NOES: None. 21
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ABSENT: Commissioner Fikes.
ABSTAIN: None.
26 // ATTEST:
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Donald A. Agatep, Secretarj
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