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Home My WebLink About1995-02-15; Planning Commission; Resolution 37410 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 I 1 PLANNING COMMISSION RESOLUTION NO. 3741 A RESOLUTION OF THE PLANNING COMMISSION OF RECOMMENDING APPROVAL OF A CONDOMINIUM PERMIT AMENDMENT TO REALIGN SAND ASTER DRIVE, ADD AND RECONFIGIJRE RECREATIONAL AMENITIES AND GUEST PARKING, REARRANGETHE LOCATION OF SEVERAL DWELLING UNITS, AND ELIMINATE 14 DWELLING UNITS FROM THE PREVIOUSLY APPROVED 145 IJNIT CONDOMINIUM PROJECT, ALL WITHIN THE EASTERN PORTION OF AVIARAPLANNINGAREA7WI'IXINPHASEIOFTHE AVXARA 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: CP 90-02(B) WHEREAS, a verified application folr 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 Carlsbixd, 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. THE CITY OF CARLSBAD, CALIFORNIA, has been filed with the City of Carlsbad and referred to the Planning Commission; WHEREAS, said verified application cxmstitutes a request for a Condon Permit Amendment as provided by Chapter 21.45 OE the Carlsbad Municipal Code a Aviara Master Plan; and WHEREAS, the Planning Commission did, on the 15th day of February hold a duly noticed public hearing as prescribed by law to consider said request; ar WHEREAS, at said public hearing, upon hearing and considering all tesi and arguments, if any, of all persons desiring to be heard, said Commission considel factors relating to the Condominium Permit Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the PI; ~ Commission as follows: I 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 A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Con RECOMMENDS APPROVAL of Condominium Permit (CP 90-02(B)), base following findings and subject to the following conditions: Findings: 1. The project is consistent with Master Plan 1177 since the proposed net densi du/acre is within the permitted density of 7.91 du/acre as specified within Mas 177. 2. The site is physically suitable for the type and density of the development s site is adequate in size and shape to accommodate residential developmer density proposed. 3. The project is consistent with all City public facility policies and ordinance a. The Planning Codssion has, by indusion of an appropriate conditio project, ensured that the final map will not be approved unless t councif finds that sewer service is available to serve the project. In a the Planning Commission has added a condition that a note shall bc on the final map that building pennits may not be issued for the unless the City Engineer determines that sewer service is availat building cannot occur within the project unless sewer service available, and the Planning commission is satisfied that the requiren the Public Facilities Element of the General Plan have been met in they apply to sewer service for this project. b. School fees will be paid to ensure the availability of school facilitie! Carlsbad Unified School District. c. Park-in-lieu fees are required as a condition of approval. d. All necessary public improvements hiwe been provided or will be req1 conditions of approval. e. The applicant has agreed and is required by the inclusion of an app~ condition to pay a public facilities fee. Performance of that contr 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 provided by the City of Carlsbad. 4. The proposed project is consistent with the City’s Planned Development Orc and also complies with the Design Guidelin.es Manual. I I PC RES0 NO. 3741 -2- 1 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 a 5. The project is: (a) Consistent with the development standards of Aviara Master Plan the Planned Development Ordinance as all setback, building sep( building height, parking, street width, recreation, trail and 1a1 requirements meet or exceed standards. (b) In compliance with the Aviara Master Plan design criteria regard design, building architecture, open space preservation, landscapin treatments, fencing and trails. Specifically: (1) All structures will step down the hillside which provides for a1 separation of units and views of the Aviara Golf Course and Ba1 Lagoon. (2) The proposed architectural treatments provide the require necessary for interesting elevaltions. (3) The proposed site plan preserves the Master Plan delineatt space areas. (4) The proposed landscaping and enhanced pavement treatmenb project entries create a visualily desirable neighborhood. (5) Open wrought iron fences to preserve views will be placed desired, and solid walls or fences will be placed where priva concern. (6) A secondary pedestrian trail will be placed within the SDG&E line easement. A portion of the Master Plan Community tr; border the western boundary of PA 7. (c) In compliance with required noise mitigation measures as recommen the “Noise Analysis For Planning Area 7”, prepared by Mestre Associates on June 22, 1990. (d) In conformance with the Mello I segment of the Local Coastal Prog implemented through the Aviara Malster Plan. All areas identified California Coastal Commission to be preserved in their natural sta remain preserved. 6. The proposed project is compatible with the surrounding future and existin uses since surrounding properties are designated for Residential Develc (RM/RLM/OS) on the General Plan. 7. Based on the “Initial Study” prepared for this project the Planning Direct determined that the project is within the scope of EIR 83-02(A) and the Mil PC RES0 NO. 3741 -3- I 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 I 0 0 Negative Declaration for CT 90-05/CP 90-02,, on file in the Planning Departml there are no additional significant adverse environmental impacts associated 3 project. Therefore, no further environmental review of this project is requ 8. The applicant is by condition, required to pbay any increase in public facilit 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 Municilpal Code. This will ensure co availability of public facilities and will mitigate any cumulative impacts create project. 9. This project is consistent with the City’s Growth management Ordinance a been conditioned to comply with any requirement approved as part of th Facilities Management Plan for Zone 19. 10. “The Planning Commission has individually and independently reviewed eacl exactions imposed on the Developer contairred in this resolution, and hereb in this case, that the exactions are impo,sed to mitigate impacts causei reasonably related to the Project, and the extent and the degree of the exacti rough proportionality to the impact caused by the project.” Conditions: 1. Approval is granted for CP 90-02(B), as shown on Exhibits “A” - “F’, dated Ft 15, 1995, incorporated by reference and on file in the Planning Depa: Development shall occur substantially as shown unless otherwise noted il conditions. All conditions of Planning Commission Resolution No. 3139, PI Commission Resolution No. 3140, Planning Commission Resolution No. 3lC Council Resolution No. 93-71, and City Council Resolution 91-83 are referenced and remain in full force and effect, except as modified below. 2. Approval of CP 90-02@) is granted subject to approval of CT 90-05(B). CP 9( is approved subject to all conditions of approval of CT 90-05(B), as conta, Planning Commission Resolution No. 3740, incorporated herein by reference file in the Planning Department. ... ... ... I ... ~ ... PC RES0 NO. 3741 -4- I 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 e e PASSED, APPROVED, AND ADOPTED at a regular meeting Planning Commission of the City of Carlsbad, California, held on the 15th day of Fc 1995, by the following vote, to wit: AYES: Chairperson Welshons, Commissioners Compas, Erwin, 1 Nielsen, Noble and Savary NOES: ABSENT: ABSTAIN ATTEST "%kdL KIM E.LSHONS, Chairperson CARLSBAD PLANNING COMMISSIO MICHAEL J. ~LZMVILLER Planning Director PC RES0 NO. 3741 -5-