HomeMy WebLinkAbout1991-05-15; Planning Commission; Resolution 3234r. tc m Q
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PLANNING COMMISSION RESOLUTION NO. 3234
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A PLANNED
DEVELOPMENT PERMIT AMENDMENT TO ALLOW SITE PLAN
ALTERATIONS ON PROPERTY GENERALLY LOCATED ALONG
PINTAIL COURT, NORTH OF ALGA ROAD WITHIN PLANNING
AREA 16 OF THE AVIARA MASTER PLAN.
CASE NAME: ALDEA AT AVIARA
CASE NO.: PUD 90-17(A)
WHEREAS, a verified application for certain property to wit:
A subdivision of lot 90 of Map 12410, CT 85-35, City of
Carlsbad, County of San Diego
has been filed with the City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Tit1
21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of May, 1991
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimon;
and arguments, if any, of all persons desiring to be heard, said Commission considered a1
factors relating to the Planned Unit Development.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissior
as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commissior
APPROVES PUD 90-17(A), based on the following findings and subject to thc
following conditions:
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i Findings:
1. The proposed amendment complies with the development standards and design
criteria of the Aviara Master Plan and the Planned Development Ordinance.
2. The proposed amendment requires no additional variances to applicable Engineering
standards.
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3. All findings of Planning Commission Resolution No.'s 31 19 and 3120, on file in the
Planning: 8
Conditions: 7
Planning Department, apply and are incorporated herein by reference.
9 1, Approval is granted for PUD 90-17(A), as shown on Exhibits "A"-"H", dated May 15,
10 1991, incorporated herein by reference and on file in the Planning Department.
Development shall occur substantially as shown unless otherwise noted in these
11 conditions.
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2. Approval of PUD 90-17(A) is subject to all conditions of CT90-14/PUD90-17,
Planning Commission Resolution Nos. 3119 and 3120, incorporated herein by
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reference and on file in the Planning Department.
3. This project is approved upon the express condition that building permits will not
15 be issued for development of the subject property unless the water district serving
the development determines that adequate water and service is available at the time 16 of application for water service and will continue until time of occupancy.
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En!zineering:
4. The conforming map required by condition number 2 of Planning Commission
Development Permit Amendment to the satisfaction of the City Engineer and
Planning Director.
19 Resolution 3119 shall reflect all changes approved with this Planned Unit
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21 5. The drainage between building 19 and 26 shall be redesigned to provide a
22 secondary failsafe overflow.
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25 final map for this project.
6. The owner of the subject property shall execute a hold harmless agreement
regarding drainage across lot lines in the subject property prior to approval of the
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Approval of this project is contingent upon the provision of adequate public facilities
to satisfy the Public Facilities Element of the General Plan. At this time a Mello-
Roos Community Facilities District is proposed to finance the construction of several
Citywide facilities necessary to serve new development. If the Mello-Roos
Community Facilities District is not formed, the required General Plan Consistency
finding cannot be made for the Zone 19 properties. No discretionary approvals,
Building Permits, Grading Permits, Final Maps, or development permits will be
issued or approved unless an alternate financing medhanism is provided by the
developer and approved by the City Council to finance the facilities legall3
applicable to Zone 19 that would have been or are included in the community
Facilities District. For purposes of this condition the Mdo-Roos District will be
considered to be formed following an affirmative vote of the property owners plus
a 30-day period as prescribed by law to provided for any protest regarding
formation of the District.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
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Commission of the City of Carlsbad, California, held on the 15th day of May, 1991, by the
following vote, to wit:
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AYES: Chairperson Holmes, Commissioners: Schlehuber, Schramn,
Savary, Noble, Erwin & Hall.
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ABSENT: None.
ABSTAIN: None.
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ROBERT HOLMES, Chairperson
CARLSBAD PLANNING COMMISSION
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ATTEST:
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24 MICHAEL J. H~ZMIL~~R
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PLANNING DIRECTOR
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