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HomeMy WebLinkAbout1994-09-07; Planning Commission; Resolution 37051 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 28 0 e PLANNING COMMISSION RESOLUTION NO. 3705 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO PLANNING COMMISSION RESOLUTION NO. 3305 TO ALLOW RETAINING WALLS WITH A MAXIMUM HEIGHT OF THREE GENERALLY LOCATED EAST OF THE INTERSECTION OF KESTREL DRIVE AND BATIQUITOS DRIVE. CASE NAME: AVIARA PLANNING AREA 26 SOUTH CASE NO: CT 90-36(A) WHEREAS, a verified application for certain property to wit: A portion of lot 5 of the City of Carlsbad Tract No. 89-37 Aviara Phase II, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 12697, filed in the office of the County Recorder of San Diego County, September 16, 1992 FEET WITHIN THE SIDEYARDS OF CT 90-36 ON PROPERTY has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for approval of a revised Tentative Subdivision Map (previously approved by Planning Commission Resolution No. 3305) as provided by Section 20.12.120 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 7th day of September, 1994, 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 testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Revised Tentative Tract Map Resolution. 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 revised Tentative Tract Map (CT 90-36(A)), based on the following findings and subject to the following conditions: 1 2 3 4 5 0 0 Findings: 1. The project is consistent with the City's General Plan and "-177 since the proposei density of 2.10 dus/acre is within the density range of 04 dus/acre specified for the sitc as indicated on the Land Use Element of the General Plan, and is at or below the growtl control point of 3.2. 2. The site is physically suitable for the type and density of the development permitted through Master Plan 177. I 6 3. 7 8 9 10 11 The Planning Commission has, by inclusion of an appropriate condition to this project ensured that the final map will not be approved unless the City Council finds that sewel service is available to serve the project. In addition, the Planning Commission has addec a condition that a note shall be placed on the final map that building permits may not Ix 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, anc the Planning Commission is satisfied that the requirements of the Public Facilitie! Element of the General Plan have been met insofar as they apply to sewer service for this project. 12 // 4. School fees will be paid to ensure the availability of school facilities in the Carlsbad 13 I/ School District. 14 I1 5. Park-in-lieu fees are required as a condition of approval. 15 16 17 18 19 20 21 6. All necessary public improvements have been provided or will be required as conditions of approval. 7. The applicant has agreed and is required by the inclusion of an appropriate condition tc pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. 8. The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for single family residential development or open space on the General Plan. 22 9. The Planning Director has determined that the project is in prior compliance with EIR 83- for CT 90-36, on file in the Planning Department, and there are no additional significant 23 02(A) and the Mitigated Negative Declaration for CT 89-37 and the Negative Declaration 24 adverse environmental impacts associated with this project, therefore no furthe1 environmental review of this project is required. 25 10. The applicant is by condition, required to pay any increase in public facility fee, or new 26 construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to 27 Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability 28 of public facilities and will mitigate any cumulative impacts created by the project. PC RES0 NO. 3705 -2- 1 2 3 4 0 0 11. 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. 12. As discussed in the staff report, the grading for CT 90-36 substantially complier with the mass grading approved on the Aviara Phase II Master Tentative Map (CT 89-37). 5 6 13. The Tentative Tract Map, CT 90-36, satisfies all requirements of Title 21, the Subdivision Ordinance and the State Map Act. 7 8 9 LO 11 12 14. As discussed in the staff report, the design of CT 90-36 is consistent with the intent of Master Plan 177. 15. The project CT 90-36, is in compliance with the underlying Mello I and East Batiquitos Lagoon Local Coastal Programs. 16. Three foot sideyard retaining walls will not adversely affect the street scene. 17. Three foot sideyard retaining walls are consistent with staff policy regarding such sideyard walls. l3 14 18. The use of three foot sideyard retaining walls in conjunction with floor plan designs which include sideyard patios may provide for additional usable outdoor space 15 within the sideyard. of the Planning Commission is consistent with other subdivisions within Aviara 16 19. Allowing three foot sideyard and two foot frontyard retaining walls at the discretion lr I/ Master Plan Phase II. 18 /I Conditions: 19 1 1. Condition No. 32 of Planning Commission Resolution No. 3305 shall be amended to read: li 20 21 22 23 24 25 "Retaining walls within the sideyard setbacks shall not exceed three (3) feet in height, retaining walls within the frontyard setback shall not exceed two (2) feet in height and the location of all retaining walls shall be specifically approved by the Planning Commission during subsequent plan review". 2. All other conditions of Tentative Subdivision Map CT 90-36 recommended by the Planning Commission to be approved by their Resolution No. 3305 and approved by the City Council remain in full force and effect. 26 11 .... 27 I/ .... 28 PC RES0 NO. 3705 -3- s 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 0 0 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 7th day of September, 1994, by the following vote, to wit: AYES: Chairperson Savary; Commissioners Welshons, Erwin, Compas, Monroy and Nielsen. NOES: None. ABSENT: Commissioner Noble. ABSTAIN: None, CARLSBAD PLANNING COMMISSION ATTEST: 9 PLANNING DIRECTOR PC RES0 NO. 3705 -4-