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HomeMy WebLinkAbout1991-01-16; Planning Commission; Resolution 31410 e 1 2 3 4 5 6 PLANNING COMMISSION RESOLUTION NO. 3141 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARJSBAD, CALIFORNIA, RECOMMENDING APPROVAL, OF A CONDOMINIUM PERMIT TO DEVELOP A 145 DWELLING UNIT CONDOMINIUM PROJECT ON PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF ALGA ROAD AND AMBROSIA LANE. CASE NAME: AVIARA - PLANNING AREA 7 CASE NO.: CP 90-2 7 /I WHEREAS, a verified application for certain property to wit: 8 9 Lots 92 and 93 of the City of Carlsbad Tract 85-35, Aviara Phase I, Unit c, 10 has been filed with the City of Carlsbad and referred to the Planning Commission; and 11 WHEREAS, said verified application constitutes a request as provided by Title 21 12 13 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 7th day of November, 1990, and the 16th day of January, 1991, hold a duly noticed public hearing as prescribed by law to consider said request; and 14 15 16 17 WHEREAS, at said public hearing, upon hearing and considering all testimony and 18 arguments, if any, of all persons desiring to be heard, said Commission considered all 19 factors relating to the Tentative Tract Map and Condominium Permit. I 20 21 22 23 24 25 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A> That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of CP 90-2, based on the following findings and subject to the following conditions: 26 27 .... 28 I e 1 Findinas: 0 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1. The project is consistent with Master Plan 177 since the proposed net density of 5.3 du/acre is within the permitted density of 7.9 ddacre as specified dh.k Master Plan 177. 2. The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed. 3. The Planning Commission has, by inclusion of an appropriate condition to this project, ensured building permits will not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. I 4. The dedication of the 12.4 acre schml site at the intmection of Alga Road and i Ambrosia Lane is acceptable as mitigation of the impact to existing Carlsbad Unified School District school facilities. 5. The dedication of a 24.25 acre park site at the northern terminus of Ambrosia Lane satisfies park fee requirements. 6. All necessary public improvements have been provided or will be required as conditions of approval. 17 7. The applicant has agreed and is required by the inclusion of an appropriate 18 of the fee will enable this body to find that public facilities will be available condition to pay a public facilities fee. Performance of that contract and payment 19 concurrent with need as required by the General Plan. 2o 21 8. The proposed project is consistent with the City's Planned Development Ordinance and also complies with the Design Guidelines Manual. 22 23 24 25 26 9. As discussed in the staff report, the project is: (1) consistent with the development standards of the Aviara Master Plan 177 and the Planned Development Ordinance; (2) in conformance with the Design Criteria of Master Plan 177; (3) in compliance with the CiyIs Noise Policy No. 17 as conditioned; and (4) is in conformance with the Mello I Local Coastal Program. I 27 // PC RES0 NO. 3141 -2- I 28 , 0 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 1'1 18 19 20 21 22 23 24 25 26 27 28 10. The proposed project is compatible with the surrounding future and existing land uses since surrounding properties are designated for Residential Development (RM/RLM/OS) on the General Plan. 11. This project will not cause any significant environmental impacts and a Mitigated Negative Declaration has been issued by the Planning Director on August 30, 1990, and Recommended for Approval by the Planning Commission on January 16, 1991. In recommending approval of this Mitigated Negative Declaration the Planning Commission has considered the initial study, the staff analysis, all required mitigation measures and any written comments received regarding the significant effects this project could have on the environment. 12. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 13. This project is consistent with the City's Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 19. Conditions: 1. All conditions of approval for CI' 90-5 as contained in Planning Commission Resolution No. 3140 apply to this approval and are incorporated through this reference. .... .... I i I .... .... .... .... .... I I ~ ~ ~ i ~ I I I PC RES0 NO. 3141 -3- I I/ 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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 16th day of January, 1991, by the following vote, to wit: AYES: Chairperson Holmes, Commissioners: Schlehuber, Schramm, McFadden and Hall. NOES: Commissioner Erwin. ABSENT: Commissioner Marcus. ABSTAIN: None. CARLSBAD PLANNING COMMISSION ATTEST: % PLANNING DIRECTOR PC RES0 NO. 3141 -4-