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Home My WebLink About1995-11-15; Planning Commission; Resolution 3836-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 1, 0 0 PLANNING COMMISSION RESOLUTION NO. 3836 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDOMINIUM PERMIT TO DEVELOP 131 DETACHED, CLUSTERED AIR SPACE OWNERSHIP SINGLE FAMILY HOMES ON 20 RESIDENTIAL LOTS ON PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF ALGA ROAD AND BATIQUITOS DRIVE WITHIN PLANNING AREA 5 OF THE AVIARA MASTER PLAN IN THE SOUTHWEST QUADRANT OF THE CITY. CASE NO: CP 95-01 WHEREAS, Western Pacific Housing has filed a verified applicat CASE NAME AVIARA - PLANNING AREA 5 certain property to wit: Lots 95, 96, 97 and 98 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 No. 12411, filed in the Office of the County Recorder of San Diego County on June 29,1989. with the City of Carlsbad and which has been referred to the Planning Commissio~ WHEREAS, said verified application constitutes a request for a Plannr Development as provided by Chapter 21.45 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 15th day of No3 1995, hold a duly noticed public hearing as prescribed by law to consider said reque WHEREAS, at said public hearing, upon hearing and considering all tes and arguments, if any, of all persons desiring to be heard, said Commission considc factors relating to the Condominium Permit, CP 95-01. NOW, THEREFORE, BE IT HEREBY RESOLVED by the P Commission as follows: A) That the above recitations are true and correct. ~ B) That based on the evidence presented at the public hearing, the Com RECOMMENDS APPROVAL of Condominium Permit, CP 95-01, bi 1 0 e the following findings and subject to the following conditions: 2 11 Findings: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1. That the granting of this permit will not adversely affect and will be consiste Chapter 21.45 of Title 21, the General Plan, applicable specific plans, maste: and all adopted plans of the City and other governmental agencies, in f proposed project implements the approved Aviara Master Plan, as well proposed master plan amendment that is being processed concurrently wi project (MP 177-P) to allow the detached, clustered single family product typl project also is consistent with tRe applicable provisions, standards and criteria of the Planned Development Ordinance (Chapter 21.45 of the Mu Code), the Zone 19 Local Facilities Management Plan documents including th 19 Finance Plan. The project is also consistent with existing coastal regulati applicable Local Coastal Program provision, as well as the proposec amendment (LCPA 95-11) which also concurrent with this project. Th Amendment modifies the LCP since a coastal zone master plan is being mo 2. That the proposed use at the particular location is necessary and desirable to 1 a service or facility which will contribute to the long-term general well-being neighborhood and the community, in that buildout of the Master Plan will con to the long term general welfare of the area by providing development consiste the City’s General Plan. The location for this use is reflected in the existing ( Plan and Master Plan for the site. The site is already approved for 147 corresponding Condominium Permit (CP), proposes a product type change a units (131 vs. 147). Therefore this CP implements the intent and purpose master plan and General Plan for the subject planning area. ~ however, the proposed amendments (to tentative map, master plan, LCP) w ~ 18 20 19 3. 21 22 23 24 25 26 27 28 4. That such use will not be detrimental to the health, safety, or general we1 persons residing or working in the vicinity, or injurious to property or improvc in the vicinity, in that since the project is partial buildout of a comprehensive plan which will provide major infrastructure and public improvements th enhance the general welfare of the City. In addition, the project is desig function to all applicable City standards and will be consistent with the General Plan. That the proposed Planned Development meets all of the minimum develc standards set forth in Chapter 21.45.090, the design criteria set forth in Z 21.45.080, and has been designed in accordance with the concepts contained Design Guidelines Manual, in that all design criteria have been satisfied incl (a) a functional relationship between structures, landscaping and open space (b) the provision of adequate usable open space, street systems, recre; opportunities and adequate resident and guest parking spaces and opportunit compatibility with existing and future permitted land uses while not cre; disruptive element to the community; (d) the provision of an internal street that does not dominate the project’s design or conflict with any recreational 11 PC RES0 NO. 3836 -2- a- 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 e parking locations or other common areas of the project; (e) the proviz adequate recreation facilities; and (f) structures that will promote archit harmony. 5. That the proposed project is designed to be sensitive to and blend in with the topography of the site, and maintains and enhances significant natural resou the site, in that the site of the subject planning area has been mass graded no significant natural resources or sensitive topographic considerations are in 6. That the proposed project's design and density of the developed portion of I is compatible with surrounding development and does not create a disharmon disruptive element to the neighborhood, in that all applicable provisio complied with so that no disruptive elements will be created by the buildoui Master Plan, or this planning area in particular. 7. That the project's circulation system is designed to be efficient and well intc with the project and does not dominate the project, in that the proposed circ system meets all standards while not dominating the project or adversely im] any of the project's features or amenities. Conditions: 1. The Planning Commission does hereby recommend approval of the Condor Permit, CP 95-01 for the Aviara Master Plan project entitled "Aviara PA 5 - V Pacific". (Exhibits "A" - "Q" on file in the Planning Department and incorpor, this reference, dated November 15,1995), subject to the conditions herein se Staff is authorized and directed to make or require the Developer to m corrections and modifications to the project's exhibits andlor documents, as ne to make them internally consistent and conform to City Council's final action project. Development shall occur substantially as shown on the approved e Any proposed development substantially different from this approval, shall : an amendment to this approval. 2. Approval of CP 95-01 is granted subject to the approval of CT 90-09(A), LCPh and MP 177(P). CP 95-01 is subject to all conditions contained in PI Commission Resolution Nos. 3835, 3834, 3833 for CT 90-09(A), LCPA 95. MP 177(P), respectively. .... e... .... .... , *... I pc RESO No* 3836 -3- 6. I! m e 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 PASSED, APPROVED, AND ADOPTED at a regular meeting Planning Commission of the City of Carlsbad, California, held on the 15th day of No1 1995, by the following vote, to wit: AYES: Chairperson Welshons, Commissioners Compas, Monroj and Savary NOES: Commissioner Erwin ABSENT: Commissioner Nielsen ABSTAIN: None KIM WI~LSHONS, Chairperson CARLSBAD PLANNING COMMISSIC ATEST: W - MICHAEL J. HOLZMLLER Planning Director I I PC RES0 NO. 3836 -4- I1