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HomeMy WebLinkAbout1990-10-03; Planning Commission; Resolution 3101' P " 0 0 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 PLANNING COMMISSION RESOLUTION NO. 3101 A RESOLUTION OF THE PLANNING COMMISSION OF THE CIT CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF ATENTP TRACT MAP TO DEVELOP A 147 DWELLING UNIT CONDOMIF PROJECT ON PROPERTY GENERALLY LOCATED AT THE SOUTH: CORNER OF THE INTERSECTION OF ALGA ROAD AND BATIQU DRIVE. CASE NAME: AVIARA - PLANNING AREA 5 CASE NO.: PUD 90-12 WHEREAS, a verified application for certain property to wit: Lots 95, 96, 97 and 98 of the City of Carlsbad Tract 85-35, Phase I . C, in the City of Carlsbad, County of San Diego, of the County Recorc San Diego County, June 19, 1989, #89-346187 has been filed with the City of Carlsbad and referred to the Planning Corn WHEREAS, said verified application constitutes a request as provide( of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 3rd day of October a duly noticed public hearing as prescribed by law to consider said request WHEREAS, at said public hearing, upon hearing and considering all tc arguments, if any, of all persons desiring to be heard, said Commission cc factors relating to the Tentative Tract Map and Planned Unit Development NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Cc follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the recommends APPROVAL of PUD 90-12, based on the following subject to the following conditions: .... .... ' *- t. 0 * 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 2o ! Findinns: 1. The project is consistent with Master Plan 177 since the proposed ne1 6.17 du/acre is within the permitted density of 7.9 du/acre as speci Master Plan 177. 2. The site is physically suitable for the type and density of the developme site is adequate in size and shape to accommodate residential develop; density proposed. 3. The Planning Commission has, by inclusion of an appropriate condi project, ensured building permits will not be issued for the project unl Engineer determines that sewer service is available, and building ci within the project unless sewer service remains available, and th Commission is satisfied that the requirements of the Public Facilities the General Plan have been met insofar as they apply to sewer sen project. 4. The dedication of the 12.4 acre school site at the intersection of Alg ambrosia Lane is acceptable as mitigation of the impact to existi Unified School District school facilities. 5. The dedication of a 24.25 acre park site at the northern terminus ( Lane satisfies park fee requirements. 6. All necessary public improvements have been provided or will be conditions of approval. 7. The applicant has agreed and is required by the inclusion of an condition to pay a public facilities fee. Performance of that contract a of the fee will enable this body to find that public facilities will ' concurrent with need as required by the General Plan. 8. The proposed project is consistent with the Civs Planned Developme1 and also complies with the Design Guidelines Manual. 21 9. As discussed in the staff report, the project is: (1) consista Development Ordinance; (2) in conformance with the Design Criter 23 24 Plan 177; (3) in compliance with the City's Noise Policy No. 17 as 10. The proposed project is compatible with the surrounding future and 1 25 and (4) is in conformance with the Mello I Local Coastal Program. RLM) on the General Plan. 26 uses since surrounding properties are designated for Residential Develc 22 development standards of the Aviara Master Plan 177 and 1 27 11 PC RES0 NO. 3101 -2- 28 '* *b e 0 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 11. This project will not cause any significant environmental impacts and Negative Declaration has been issued by the Planning Director on 1990, and Recommended for Approval by the Planning Commission 01 1990. In recommending approval of this Mitigated Negative Dec Planning Commission has considered the initial study, the staff required mitigation measures and any written comments received rc significant effects this project could have on the environment. 12. The applicant is by condition, required to pay any increase in public or new construction tax, or development fees, and has agreed to a additional requirements established by a Local Facilities Manag prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Cod ensure continued availability of public facilities and will mitigate anJ impacts created by the project. 13. This project is consistent with the City's Growth Management Ordina been conditioned to comply with any requirement approved as part Facilities Management Plan for Zone 19. Conditions: 1. All conditions of approval for CT 90-9 as contained in Planning Resolution No. 3100 apply to this approval and are incorporated reference. .... .... .... .... .... .... .... .... .... PC RES0 NO. 3101 -3- .. 0 /I PASSED, APPROVED, AND ADOPTED at a regular meeting of thc 1 II A Commission of the City of Carlsbad, California, held on the 3rd day of Octobe~ the following vote, to wit: 2 3 4 5 6 7 AYES: Chairperson Schramm, Commissioners: Schlehuber, Holn and Hall. NOES: None. ABSENT: Commissioners: McFadden and Erwin. 8 I/ ABSTAIN: None. 9 10 11 12 SHARON SCHRA", Chairperson CARLSBAD PLANNING COMMISSION 13 11 ATTEST: :li p 16 MICHAE gHA!Jkw . HOLZM~LER PLANNI G DIRECTOR 17 18 19 20 21 22 23 24 25 26 27 PC RES0 NO. 3101 -4- 28