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HomeMy WebLinkAbout1990-10-03; Planning Commission; Resolution 3115* -I! 0 0 1 2 3 4 5 6 7 8 PLANNING COMMISSION RESOLUTION NO. 3115 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSB CALIFORNIA, RECOMMENDING APPROVAL OF A PLANNED U DEVELOPMENT TO DEVELOP AN 86 DWELLING UNIT CONDOMINIUM PROJ: ON PROPERTY GENERALLY LOCATED ALONG FINCH LANE BETWEEN AI ROAD AND KINGFISHER PLACE. CASE NAME: AVIARA PLANNING AREA 9 CASE NO.: PUD 90-13 WHEREAS, a verified application for certain property to wit: Lots 6, 7 and 8 of Tract 85-35 Aviara, Phase I-Unit A, according to Map 12k recorded June 29, 1989, in the City of Carlsbad, County of San Diego, Stan California 9 has been filed with the City of Carlsbad and referred to the Planning Commission; a 10 WHEREAS, the Planning Commission did, on the 3rd day of October, 1990, 1 12 WHEREAS, said verified application constitutes a request as prodded by Titi 11 Carlsbad Municipal Code; and I-3 /I noticed public hearing as prescribed by law to consider said request; and 14 11 WHEREAS, at said public hearing, upon hearing and considering all test 15 16 arguments, if any, of all persons desiring to be heard, said Commission considered relating to the Planned Unit Development. 1'7 I/ NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission 18 19 20 A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission re APPROVAL of PUD 90-13, based on the following findings and subject to tht 21 conditions: 22 26 2. The site is physically suitable for the type and density of the development sin 25 Plan 177. 24 1. The project is consistent with the City's Master Plan 177 since the proposed 23 Findings: is adequate in size and shape to accommodate residential development at t proposed. 27 of 2.65 ddacres is within the permitted density of 3.1 ddacre as specified wi1 28 \ 0 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3. The Planning Commission has, by inclusion of an appropriate condition to 1 ensured building pennits will not be issued for the project unless the Ci determines that sewer service is available, and building cannot occur within unless sewer service remains available, and the Planning Commission is satisf requirements of the Public Facilities Element of the General Plan have been as they apply to sewer service for this project. 4. The dedication of the 12.4 acre school site at the intersection of Alga Road ill: Lane is acceptable as mitigation of the impact to existing Carkbad Unified Sit facilities. 5. The dedication of a 24.25 acre park site at the northern terminus of Aml satisfies park fee requirements. 6. All necessaw public improvements have been provided or will be required a! of approval. 7. The applicant has agreed and is required by the inclusion of an appropriate ( pay a public facilities fee. Performance of that contract and payment of the fee this body to find that public facilities will be available concurrent with need by the General Plan. 8. The proposed project is consistent with the City's Planned Development Ord also complies with the Design Guidelines Manual. 9. As discussed in the staff report, the project is: (1) consistent with the d standards of the Aviara Master Plan 177 and the Planned Development Ordin conformance with the Design criteria of Master Plan 177; (3) in comphl Citfs Noise Policy No. 17 as conditioned; and (4) is in conformance with t Local coastal Program. 10. The proposed project is compatible with the surrounding future land uses. 11. This project will not cause any significant environmental impacts and a ( Negative Declaration has been issued by the Planning Director on August 24 recommended for APPROVAL by the Planning Commission on October 3, recommending approving this Conditional Negative Declaration the Planning C has considered the initial study, the staff analysis, all required mitigation rnc any written comments received regarding the significant effects this project COI the environment. 12. The applicant is by condition, required to pay any increase in public facility construction tax, or development fees, and has agreed to abide by any requirements established by a Local Facilities Management Plan prepared I Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued ax public facilities and will mitigate any cumulative impacts created by the proje PC RES0 NO. 3115 -2- 28 .j e * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 l? 13. This project is consistent with the City's Growth Management Ordinance a: conditioned to comply with any requirement approved as part of the Lo Management Plan for Zone 19. Conditions: 1. All conditions for approval for CT 90-10 as contained in Planning Commissic No. 3114 apply to this approval and are incorporated through this referenc PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning of the City of Carlsbad, California, held on the 3rd day of October , 1990, by the fo: to wit: AYES : Chairperson Schramm, Commissioners: Schlehuber, Holmes, Hall. NOES: None. ABSENT: Commissioners McFadden and Erwin. ABSTAIN: None. ""_ " SHARON SCHRA", Chairperson CARLSBAD PLANNING COMMISSION ATTEST: 18 19 20 21 22 23 24 25 26 27 28 PC RES0 NO. 3115 -3-