HomeMy WebLinkAbout1995-02-15; Planning Commission; Resolution 37401
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PLANNING COMMISSION RESOLUTION NO. 3740
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDING APPROVAL OF A TENTATIVE
TRAm MAPAMENDMENTTOREALIGNSANDASTER
DRIVE, ADD AND RECONFIGURE RECREATIONAL
AMENITIESANDGUESTPARKING,REARRANGETHE
LOCATION OF SEVERAL DWELLING UNITS, AND
ELIMINATE 14 DWELLING UNITS FROM THE
PREVIOUSLY APPROVED 145 UNIT CONDOMINIUM
PROJECT ALL WITHIN THE EASTERN PORTION OF AVIARAPLANNINGAREA7WITHINPHASEIOFTHE
AVIARA MASTER PLAN, LOCATED AT THE
NORTHWEST CORNER OF ALGA ROAD AND
AMBROSIA LANE IN LOCAL FACILITIES
MANAGEMENT ZONE 19.
CASE NAME AVIARA PLANNING AREA 7
CASE NO: CT 90-05(B)
WHEREAS, a verified application for certain property to wit:
Lots 92 and 93 of the City of Carlsbad Tract 85-35, Aviara
Phase 1 Unit C, in the City of Carlsbad, County of San Diego,
State of California, according to map thereof No. 12411, filed
in the office of the County Recorder of San Diego County,
June 29, 1989.
has been filed with the City of Carlsbad and referred to the Planning Commission;
WHEREAS, said verified application constitutes a request for a Te;
Tract Map Amendment as provided by Chapter 21.12 of the Carlsbad Municipal (20
the Aviara Master Plan; and
WHEREAS, the Planning Commission did, on the 15th day of Februarq
hold a duly noticed public hearing as prescribed by law to consider said request; a~
WHEREAS, at said public hearing, upon hearing and considering all tes,
and arguments, if any, of all persons desiring to be heard, said Cornmission conside
factors relating to the Tentative Tract Map Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P1,
Commission as follows:
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A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the E
Commission RECOMMENDS APPROVAL of Tentative Tract Map Amendm
90-05(B), based on the following findings and subject to the following cond
Findings:
1. The project is consistent with Master Plan 177 since the proposed net densir
dulacre is within the permitted density of 7.9 ddacre as specified within Mas1
117.
2. The site is physically suitable for the type and density of the development si
site is adequate in size and shape to accommodate residential developmen
density proposed.
3. The project is consistent with all City public facility policies and ordinances
a. The Planning commission has, by inclusion of an appropriate conditio]
project, ensured that the final map will not be approved unless tl
Council finds that sewer service is available to serve the project. In ac
the Planning commission has added a condition that a note shall be
on the final map that building permits may not be issued for the
unless the District Engineer determines that sewer service is availab
building cannot occur within the project unless sewer service r
available, and the Planning Commission is satisfied that the requirem
the Public Facilities Element of the General Plan have been met ins
they apply to sewer service for this project.
b. School fees will be paid to ensure the availability of school facilities
Carlsbad Unified School District.
c. Park-in-lieu fees are required as a condition of approval.
d. All necessary public improvements have been provided or will be requ
conditions of approval.
e. The applicant has agreed and is required by the inclusion of an apprt
condition to pay a public facilities fee. Performance of that contra
payment of the fee will enable this body to find that public facilities
available concurrent with need as required by the General Plan.
f. Assurances have been given that adequate sewer for the project v
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provided by the City of Carlsbad.
4. The proposed project is compatible with the surrounding future land uses
surrounding properties are designated for Residential Development (RM/RLI on the General Plan.
PC RES0 NO. 3740 -2-
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5. Based on the "Initial Study" prepared for this project the Planning Dim
determined that the project is within the scope of EIR 83-02(A) and the M
Negative Declaration for CT 90-05/CP 90-02, on file in the Planning Departm(
there are no additional adverse environmental impacts associated with the
Therefore, no further environmental review of this project is required.
6. The applicant is by condition, required to pay any increase in public facilitJ
new construction tax, or development fees, and has agreed to abide by any ad'
requirements established by a Local Facilities Management Plan prepared p
to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure co
availability of public facilities and will mitigate any cumulative impacts create1
project.
7. This project is consistent with the City's Growth Management Ordinance a
been conditioned to comply with any requirement approved as part of thl
Facilities Management Plan for Zone 19.
8. "The Planning Commission has individually and independently reviewed eac
exactions imposed on the Developer contained in this resolution, and hereb
in this case, that the exactions are imposed to mitigate impacts caused
reasonably related to the Project, and the extent and the degree of the exactic
rough proportionality to the impact caused by the project."
PlanninP Conditions:
1. Approval is granted for CT 90-05(B), as shown on Exhibits "A - "F, dated Fc
15, 1995, incorporated by reference and on file in the Planning Depa
Development shall occur substantially as shown unless otherwise noted i;
conditions. All conditions of Planning Commission Resolution No. 3139, P!
Commission Resolution No. 3140, Planning Commission Resolution No. 314
Council Resolution No. 93-71, and City Council Resolution No. 91-83 are
referenced and remain in full force and effect, except as modified below.
2. Approval of CT 90-05(B) is granted subject to approval of CP 90-02(B). CT 94
is approved as subject to all conditions of approval of CP 90-02(B), as conta
Planning commission Resolution No. 3741, incorporated herein by reference
file in the Planning Department.
3. The developer shall provide the City with a reproducible 24" x 36", mylar cop!
tentative map amendment as approved by the Planning comnzission. The te
map amendment shall reflect the conditions of approval by the City. The ma
shall be submitted to the City Engineer prior to building, grading or impror
plan submittal, whichever occurs first.
4. This project is also approved under the express condition that the applicant 1
public facilities fee adopted by the City Council on July 28, 1987 and as an
from time to time, and any development fees established by the City (
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pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other orc
adopted to implement a growth management system or facilities and impro
plan and to fulfill the subdivider’s agreement to pay the public facilities fec
March 29,1994, a copy of which is on file with the City Clerk and is incoq
by this reference. If the fee is not paid this application will not be consiste
the General Plan and approval for this project shall be void.
5. The applicant shall pay park-in-lieu fees to the City, prior to the approval
final map as required by Chapter 20.44 of the Carlsbad Municipal Code
previously excluded by the Parks Agreement between the City and Avian
Associates dated June 1,1989, as determined by the Community Services D
6. 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 the approval of the Carlsbad Unified School District.
7. The applicant shall prepare an amended detailed landscape and irrigation pla:
shall be submitted to and approved by the Planning Director prior to the issu;
grading or building permits, whichever occurs first.
8. Building identification and/or addresses shall be placed on all new and t
buildings so as to be plainly visible from the street or access road; a
identification and/or addresses shall contrast to their background color
numerals shall be no less than 4 inches in height.
9. Prior to the recordation of the final map or issuance of building permits, the
applicant shall receive project approval from the California Coastal Comn
Such approval shall be in substantial conformance with this City approval. E!
of California Coastal Commission approval accompanied with any pern
conditions of approval, shall be submitted to the City Planning Departmc
review prior to the issuance of building permits or recordation of the final I
10. Prior to the recordation of the first final tract map or the issuance of resi
building permits, whichever is first, the owner of record of the property wit1
boundaries of this tentative tract map shall prepare and record a notice tb
property is subject to overflight, sight, and sound of aircraft operating from P;
Airport in a manner meeting the approval of the Planning Director and tl.
Attorney. The applicant shall post aircraft noise notification signs in all sales
rental offices associated with the new development. The number and locat
said signs shall be approved by the Planning Director. Said notice sL
incorporated into the CC&Rs.
11. This project is being approved as a condominium permit for resic
homeownership purposes. If any of the units in the project are rented, the miI
time increment for such rental shall be not less than 26 days. A condition so
this shall be placed in the CC&Rs for the project.
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12. All garage doors which are set back 5 feet or less from the garage door to tl
of curb or back of sidewalk, whichever is closest to the structure, shall be eq
with a roll-up door and automatic garage door opener. All garage doors wh
setback less than 20 feet but more than 5 feet to edge of curb or back of sit
whichever is closest to the structure, shall be equipped with an automatic
door openers but need not have a roll-up door.
13. Prior to the occupancy of any of the dwelling units, the project applican
construct a 5.5 to 8.5 foot tall noise barrier (combination wall and berm) b
Alga Road and buildings 17, 18, 21, 22, 41 and 42. The noise barrier SI
constructed consistent with the recommendations of the Acoustical Stu
Planning Area 7 (Mestre Greve, 1990). The wall portion of this barrier shall
permitted to exceed six feet in height. Prior to the occupancy of all UI
buildings 17, 18, 21, 22, 41 and 42, the project applicant shall incorpor
required traflic noise mitigation measures (i.e. mechanical ventilation) intc
units, as described in the Acoustical Analysis for PA-7.
14. All perimeter fences/walls shall be required to be designed consistent wi
materials and style of other Master Plan approved fences/walls. A fencing pla
be submitted to and approved by the Planning Director prior to issuance of bk
permits. Such fencing plan shall include fence locations for each private real
15. Prior to occupancy of the first unit in each phase of development, all passi
active recreation areas within such phases shall be completed with landscapi
16. A portion of the Master Plan Community trail to be located on the west side
west boundary of Planning Area 7 shall be installed prior to the first occupa
the amended site (east neighborhood) and designed according to the Maste,
criteria. The trail, which will eventually connect from Alga Road to the
extension of Poinsettia Lane, shall extend from Alga Road to the northern bou
line of Planning Area 7 for purposes of satisfying this condition. Until thi;
connects with Poinsettia Lane, a sign shall be posted at its Alga Road en:
indicating that this is not a through trail. A fence may also be installed to pr
access to the trail. Design and exact location of the trail, sign, and fence
require the Planning Department’s approval.
17. Prior to recordation of the final map, the project applicant or their succes
interest shall guarantee the provision of their proportional share of the city’s
obligation for very low, low and moderate income housing units as specified
approved Aviara Master Plan Agreement for Inclusionary Housing in place
time of final map recordation.
EngineerinP Conditions:
18. Unless a standards variance has been issued, no variance from City Standa
authorized by virtue of approval of this tentative map.
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19. Prior to issuance of a building permit for any buildable lot within the subdivi
property owner shall pay a one-time special development tax in accordance \
Council Resolution No. 91-39.
20. Prior to occupancy of the 51st unit within either the east or west portion of 1
Area 7, secondary access shall be provided to the project to the satisfactic
City Engineer.
21. The design of all private streets and drainage systems shall be approved by
Engineer prior to approval of the final map for this project. The structura of all private streets shall conform to City of Carlsbad Standards based on
tests. All private streets and drainage systems shall be inspected by the City,
standard improvement plan check and inspection fees shall be paid prior to :
of the final map for this project. The improvements required for each phi
be as follows:
Phase 5 Improvements
a. All streets within Phase 5, in accordance with City Standards.
b. Sewer main facilities to serve the entire subdivision.
c. Storm drain facilities, to the satisfaction of the City Engineer.
Phase 6 Improvement
a. All streets within Phase 6, in accordance with City Standards.
b. Storm drain facilities, to the satisfaction of the City Engineer.
Phase 7 Improvements
a. All streets with Phases 7, in accordance with City Standards.
b. Storm drain facilities, to the satisfaction of the City Engineer.
22. A copy of all of the above improvement conditions shall be placed on an ad
map sheet on the final map per the provisions of Sections 66434.2 of the Sub
Map Act. Improvements listed above shall be constructed within 18 mc
approval of the secured improvement agreement or such other time as pro
said agreement.
Water District:
23. The entire potable and reclaimed water system and sewer system shall be e\
in detail to ensure that adequate capacity, pressure and flow demands are :
24. The developer will be responsible for all fees and deposits plus the majo~
charge which will be collected at time of issuance of building permit. The Sa
County Water Authority capacity charge will be collected at issuance of apy
for meter installation.
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25. Sequentially, the developer's engineer shall do the following:
A. Meet with the City Fire Marshal and establish the fire PI.
requirements.
B. Prepare the colored reclaimed water use area map and submit to the 1
Department for processing and approval.
C. Schedule a meeting with the District Engineer for review, commc
approval of the preliminary system layout usage (G.P.M. - E.D.U.) .
potable, reclaimed and sewer systems prior to the prepara
improvements plans.
26. This project is approved upon the expressed condition that building permits
be issued for development of the subject property unless the water district ser
development determines that adequate water service is available at the
application for such water service and will continue to be available until
occupancy. This note shall be placed on the final map.
27. The developer shall be required to reprocess/update improvement pla
conditions and process through the water district.
Police Deaartment:
28. Aisles, passageways, and recesses related to and within the building complex
illuminated with an intensity of at least twenty-five one hundredth (25) fool
at the ground level during the hours of darkness. Open parking lots shall
lighting providing a minimum illumination of 1 footcandle during hours of d;
29. Security hardware shall be installed in all windows to prevent them fron
removed from their frame or forced open.
30. Outdoor storage containers shall contain steel hardware or dead-bolts depenl
style.
31. Any attic space shall be accessible only from individual units.
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PASSED, APPROVED, AND ADOPTED at a regular meeting
Planning Commission of the City of Carlsbad, California, held on the 15th day of Fe
1995, by the following vote, to wit:
AYES: Chairperson Welshons, commissioners Compas, Erwin, R
Nielsen, Noble and Savary
NOES:
ABSENT:
ABSTAIN:
KIM WELSHONS, Chairperson
CARLSBAD PLANNING COMMISSIOI
ATI’EST:
MICHAELS”IOLZMILLER
Planning Director
PC RES0 NO. 3740 -8-