The URL can be used to link to this page

Home My WebLink About1994-05-04; Planning Commission; Resolution 36570 0 1 2 3 4 5 6 7 8 9 PLANNING COMMISSION RESOLUTION NO. 3657 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALlFORNIA, APPROVING A MINOR PLANNED DEVELOPMENT PERMIT AMENDMENT TO REVISE BUILDING LOCATIONS AND ARCHITECTURE ON PROPERTY GENERALLY LOCATED NORTHWEST OF THE INTERSECTION OF AVIARA DRIVE AND BATIQUITOS LANE IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: AVIARA PLANNING AREA 14 CASE NO: PUD 105cA) WHEREAS, a verified application for certain property to wit: Parcels 1 thru 48 of Parcel Map No. 16541, in the City of Carlsbad, San Diego County. lo j/ has been filed with the City of Carlsbad and referred to the Planning Cornmissil 11 12 13 WHEREAS, said verified application constitutes a request as provide1 21 of the Carlsbad Municipal Code; and 14 WHEREAS, the Planning Commission did, on the 4th day of May, l! 15 WHEREAS, at said public hearing, upon hearing and considering all t 16 a duly noticed public hearing as prescribed by law to consider said request; and I'i' // and arguments, if any, of all persons desiring to be heard, said Commission cons^ factors relating to PUD 105(A); and 19 l8 I 20 1: NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning COI *I /1 as follows: 22 24 B) That based on the evidence presented at the public hearing, the Cor 23 A) That the above recitations are true and correct. APPROVES PUD 105(A), based on the following findings and subjec following conditions: 25 26 27 .... .... 28 I I1 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I 19 i 20 21 22 23 24 25 26 27 Filldin-: 1. The granting of this permit will not adversely affect and will be consistent 21, the General Plan, and all applicable adopted plans of the City i govemmental agencies as demonstrated by the project's consistency provisions of these documents. 2. The proposed planned unit development use at the site location is still nect desirable to provide a service or facility which will contribute to the general well-being of the neighborhood and the community because tl designated for low to medium density residential uses in the General Pla Aviara Master Plan and development is necessary to continue the balan uses in the City. 3. Such a planned development use will not be detrimental to the health, general welfare of persons residing or working in the vicinity, or iq property or improvements in the vicinity since the project meets all req standards and ordinances and adequate building separation and setbacks of slopes and Batiquitos Drive have been incorporated into the project's 4. The proposed planned development still meets all of the minimum dm standards and design criteria set forth in Sections 21.45.090 and 21.45.C Carlsbad Municipal Code, and has been designed in accordance with the contained in the design guidelines manual as demonstrated by feature proper building separation, accessible common recreation areas, and development away from the preserved open space. 5. The proposed project is still designed to be sensitive to and blend in natural topography of the site by maintaining the existing, gently sl( t0POgraPhY- 6. The proposed project still maintains and enhances significant natural resc the site through the continued preservation of all surrounding areas uf: restriction for natural open space. 7. The proposed project's design and density of the developed portion of 1 compatible with sunrounding development and does not create a disharm disruptive element to the neighborhood because the proposed single famil3 and the low to medium range density are consistent with the Aviara M and similar to those neighboring areas. 8. The proposed project's circulation system is still designed to be efficient integrated with the project and does not dominate the project as demom PC RES0 NO. 3657 -2- 28 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 2o i 21 22 23 24 25 I 26 27 28 a 0 its conformance to all City standards and the development standards of the Development Ordinance and as shown on the site plan exhibits. 9. The proposed planned unit development is minor in nature because it t change the densities or boundaries of the property, add or rearrange uses w site, or change the approved yards, coverage, height, open space, or lan more than ten percent. Conditions: 1. Approval is granted for PUP 105(A), as shown on Exhibits "A" - "O", datec 1994, incorporated by reference and on file in the Planning Dep; Development shall occur substantially as shown unless otherwise noted conditions. 2. The developer shall provide the City with a reproducible 24" x 36", mylar the site plan as approved by the Planning Commission. The site plan sha the conditions of approval by the City. The plan copy shall be submitted to Engineer and approved prior to building, grading, final map, or improvemc submittal, whichever occurs first. 3. This project is approved upon the express condition that building permits be issued for development of the subject property unless the District E determines that sewer facilities are available at the time of application i sewer permits and will continue to be available until time of occupancy. 4. This project is also approved under the express condition that the applicant public facilities fee adopted by the City Council on July 28, 1987 (amendec 1991) and as amended from time to time, and any development fees establj the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code ( ordinance adopted to implement a growth management system or facilit improvement plan and to fulfill the subdivider's agreement to pay the facilities fee, a copy of which is on file with the City Clerk and is incorpor this reference. If the fees are not paid this application will not be consiste the General Plan and approval for this project will be void. 5. The applicant shall provide school fees to mitigate conditions of overcrow part of building permit application. These fees shall be based on the fee s' in effect at the time of building permit application. All or a portion of said fc be waived subject to approval of the Carlsbad Unified School District. 6. This project shall comply with all conditions and mitigation measures whi be required as part of the Zone 19 Local Facilities Management Plan a amendments made to that Plan prior to the issuance of building permits. PC RES0 NO. 3657 -3 - II I/ e 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o I 21 22 23 24 25 26 27 28 7. Approval of this request shall not excuse compliance with all sections of tl Ordinance and all other applicable City ordinances in effect at time ol permit issuance. 8. This approval shall become null and void if building permits are not issue project within one year from the date of project approval. 9. All landscaped areas shall be maintained in a healthy and thriving con& from weeds, trash, and debris. 10. The developer shall install street trees at the equivalent of 40-foot interv all public street frontages in conformance with City of Carlsbad standa: trees shall be of a variety selected from the approved Street Tree List. 11. The developer shall avoid trees that have invasive root systems, produce litter and/or are too large relative to the lot size. 12. AU herbicides shall be applied by applicators licensed by the State of Cali 13. The number of trees in a residential project shall be equal to or greater number of residential units. 14. Building identification and/or addresses shall be placed on all new and buildings so as to be plainly visible from the street or access road; identification and/or addresses shall contrast to their background color. 15. The developer shall display a current Zoning and Land Use Map in the sal at all times, or suitable alternative to the satisfaction of the Planning Dirr 16. All sales maps that are distributed or made available to the public shall inc not be limited to trails, future and existing schools, parks, and streets. 17. A temporary sales office may be operated for the purposes of selling homt subdivision only. Such use shall cease no later than one year after the dat approval. The temporary sales office shall therefore be removed hm tht later than May 5, 1995. Enpjneerhg Conditions: 18. Prior to the issuance of any building permit for any lot in the project, the as shown on Drawing No. 295” shall be completed and as-built to the sati of ~e City Engineer. .... PC RES0 NO. 3657 -4- I/ 0 8 1 2 3 4 5 ~ 19. Prior to the issuance of any certificate of occupancy for any unit within tht construction of all public improvements as shown on Drawing No. 295-2 completed and as-built to the satisfaction of the City Engineer. 20. All conditions of approval for (rT 85-35 Unit E and MS 840 that are appl this amendment shall remain in effect. 21. Prior to grading or building permit issuance, the applicant shall pay all cu1 and deposits required. 6 ll PASSED, APPROVED, AND ADOPTED at a regular meeting of the 7 8 Commission of the City of Carlsbad, California, held on the 4th day of May, 199 11 following vote, to wit: 9 10 11 12 13 14 AYES: Chairperson Savary, Commissioners: Schlehuber, Bet Welshons, Erwin & Hall. NOES: None. ABSENT: None. ABSTAIN: None. 15 16 17 l8 ~ ATTEST: 19 ~ CARLSBAD PLANNING COMMISSION 20 21 : 22 23 24 25 26 27 PLANNING DIRECTOR PC RES0 NO. 3657 -5- 28 /I 11