HomeMy WebLinkAbout1995-11-15; Planning Commission; Resolution 3840I
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PLANNING COMMISSION RESOLUTION NO. 3840
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDING APPROVAL OF A MAJOR MASTER
PLAN AMENDMENT TO THE AVIARA MASTER PLAN
TO ALLOW THE REVISIONS TO THE PERMITTED USES
AND DEVELOPMENT STANDARDS ON PROPERTY
GENERALLY LOCATED SOUTH ,OF ALGA ROAD,
BETWEEN BLACK RAIL COURT AND BLUE HERON
DRIVE, WITHIN AW PLANNING AREA 12, IN
LOCAL FACILITIES MANAGEMENT ZONE 19.
CASE NAME: MAREA
CASE NO: MP 177(L)
WHEREAS, Chanco Development Corp. has filed a verified applicatic
the City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a major
plan amendment as provided by Chapter 2138 of the Carlsbad Municipal Code; a]
WHEREAS, pursuant to the provisions of the Municipal Code, the PI
Commission did, on the 15th day of November, 1995, hold a duly noticed public he;
consider said application on property described as:
Lot 230 of Carlsbad Tract 83-35, Aviara Phase I Unit "D", , in
the City of Carlsbad, County of San Diego, State of California,
according to Map No. 12412, filed in the Office of the County
Recorder June 29, 1989.;
WHEREAS, at said public hearing, upon hearing and considering all tez
and arguments, if any, of all persons desiring to be heard, said Planning Com:
considered all factors relating to MP 177(L);
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the meeting, the Com:
recommends APPROVAL, of Major Master Plan Amendment, MP
according to Exhibit "X, dated November 15,1995, attached hereto, b;
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1 the following findings and subject to the following conditions:
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1. The Planning Commission finds that: 3
Findings:
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a. the project is a subsequent development as identified in Section 210833
California Environmental Quality Act;
b, the project is consistent with the Aviara Master Plan (MP 177) am
previously approved tentative tract map (CT 89-39) with rega
environmental impacts;
c. there was an EIR certified (EIR 83-02(A)) and a Conditional Ne
Declaration approved in connection with the Aviara Master Plan (MI
and the previously approved tentative tract map (CT 89-39);
d. the project has no new significant environmental effect not analyz
significant in the prior EIR (EIR 83-02(A)) or the prior Conditional Ne
Declaration for CT 89-39;
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e. none of the circumstances requiring a Subsequent or Supplemental EIR
CEQA Guidelines Sections 15162 or 15163 exist;
15 2. The Planning Commission finds that all feasible mitigation measures or I
alternatives identified in the EIR (EIR 83-02(A)) and the Conditional Nc
16 Declaration for CT 89-39 which are appropriate to this Subsequent Project havl
17 incorporated into this Subsequent Project.
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3. The City’s MEIR found that air quality and circulation impacts are significa
adverse; therefore, the City Council adopted a statement of ovel
considerations. The project is consistent with the General Plan and as to
effects, no additional environmental document is required.
4. The Planning Commission finds that the project, as conditioned herein for apl
is in conformance with the Elements of the City’s General Plan, based (
following:
a. Land Use - That the project is consistent with the City’s General Pla~
the proposed density of 5.5 du/acre is within the density range of 4.0
du/acre specified for the site as indicated on the Land Use Element
General Plan, and is at or below the growth control point of 6.0 du/a
b. Circulation - That the project is consistent with the Circulation Elen
the Developer will complete all street improvements prior to occupancy
unit.
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C. Noise - That the project is consistent with the Noise Element i
Developer will post aircraft notification signs in all sales offces assc
with the new development.
d. Housing - That the project is consistent with the Housing Element
General Plan and the Inclusionary Housing Ordinance as the DeveloF
entered into an Affordable Housing Agreement and is satisfying it’s fail
of affordable housing through the construction of the Villa Loma pra
the southwest quadrant.
e. Open Space and Conservation - That the project is consistent with thc
Space and Conservation Element as the proposal maintains ap
amounts of native habitat, and erosion control during remedial g
reduces sedimentation of lagoon and the proposal will comply w
NPDES requirements.
f. Public Safety - The project is consistent with the Public Safety Elemenl
buildings will meet UBC and State seismic requirements and all net
water mains, fire hydrants and appurtenances must be installed PI
occupancy of any unit and all-weather access roads will be main
throughout construction.
5. The project is consistent with the City-Wide Facilities and Improvements P1;
applicable local facilities management plan, and all City public facility polici
ordinances since:
a. The project has been conditioned to ensure that building permits will
issued for the project unless the District Engineer determines that
service is available, and building cannot occur within the project unless
service remains available, and the District Engineer is satisfied th
requirements of the Public Facilities Element of the General Plan hav
met insofar as they apply to sewer service for this project.
b. Statutory School fees will be paid to ensure the availability of school fa
in the Carlsbad Unified School District, unless all or a portion of sa
are waived by the Carlsbad Unified School District.
c. Park-in-lieu fees are required as a condition of approval, unless pre
excluded by the Parks Agreement between the City and Aviara
Associates, dated June 1, 1989.
d. All necessary public improvements have been provided or are requ:
conditions of approval.
e. The developer has agreed and is required by the inclusion of an apprc
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.
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6. The project has been conditioned to pay any increase in public facility fee,
construction tax, or development fees, and has agreed to abide by any ad
requirements established by a Local Facilities Management Plan prepared F
to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure cc
availability of public facilities and will mitigate any cumulative impacts create
project.
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7. This project has been conditioned to comply with any requirement approvec
7 8. That the proposed development as described by Master Plan (MP 177) is co
with the provisions of the General Plan and any applicable specific plans, in
8 areas of the project are designated for residential uses, all necessary I
NPDES, and erosion control measures will be utilized, and the existing
of the Local Facilities Management Plan for Zone 19.
9 habitat is being maintained.
lo 9. That all necessary public facilities can be provided concurrent with ne
Improvement Program applicable to the subject property, in that all requirec
the residential project.
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improvements are in place or will be in place prior to occupancy of any PO 12
adequate provisions have been provided to implement those portions of the
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10.
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That the residential and open space portions of the community will const
environment of sustained desirability and stability, and that it will be in harmc
or provide compatible variety to the character of the surrounding area, and 1
sites proposed for public facilities, such as schools, playgrounds and pal
adequate to serve the anticipated population and appear acceptable to the
authorities having jurisdiction thereof, in that no changes to such are propos
this master plan amendment.
That the proposed commercial and industrial uses will be appropriate i
location, and overall design to the purpose intended, that the desi]
development are such as to create an environment of sustained desirabil
stability, and that such development will meet performance standards establi
Title 21, in that no alteration to proposed commercial uses is proposed w
master plan amendment.
That in the case of institutional, recreational, and other similar nonresidenti
such development will be proposed, and surrounding areas are protected fi
adverse effects from such development, in that all pre-existing separatio
buffers between the residential project and the neighboring non-residential ar
be maintained.
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13. That the streets and thoroughfares proposed are suitable and adequate to Ci
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trips which can be accommodated on Alga Road, having a maximum cap;
anticipated traffic thereon, in that the entire project will generate an addition:
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14. That any proposed commercial development can be justified economically
location proposed and will provide adequate commercial facilities of the types 1
at such location proposed, in that there are no commercial facilities proposc
this master plan amendment.
15. That the area surrounding the development is or can be planned and zc
coordination and substantial compatibility with the development, in that the
Master Plan (MP 177) is already organized to provide open space buffel
intervening streets between the proposed residential development and neigk
non-residential development.
PlanninP Conditions:
1.
2.
The Planning Commission does hereby recommend approval of the Major
Plan Amendment (Exhibit “X”, dated November 15, 1995) for the Clustered
Family Residential Project entitled “Marea” (Exhibits “A” - “P ’I, dated Novem
1995) on file in the Planning Department and incorporated by this reference,
to the conditions herein set forth. Staff is authorized and directed to rn
require the Developer to make all corrections and modifications to the Mastc
Amendment documents, as necessary to make them internally consistent and a
to City Council’s final action on the Project. Development shall occur substi
as shown on the approved exhibits. Any proposed development substi
different from this approval, shall require an amendment to this approval.
Approval of MP 177(L) is granted subject to the approval of LCPA 95-13,
39(A) and PUD 89-19(A). MP 177(L) is subject to all conditions contai
Planning Commission Resolution Nos. 3841,3842 and 3843 for LCPA 95-13,
39(A) and PUD 89-19(A) respectively.
3. Prior to approval of the grading permit or building permit for CT 8939(A)/P
19(A), whichever occurs first, the Developer shall receive approval of a Local (
Program Amendment issued by the California Coastal Commission that subst
conforms to this approval. A signed copy of the Local Coastal Program Ame~
must be submitted to the Planning Director. If the approval is substantially di
an amendment to Major Master Plan Amendment shall be required. 11 General Conditions:
4. If any of the foregoing conditions fail to occur; or if they are, by their term!
implemented and maintained over time; if any of such conditions fail tc
implemented and maintained according to their terms, the City shall have tl
to revoke or modify all approvals herein granted; deny or further condition ir
of all future building permits; deny, revoke or further condition all certific
occupancy issued under the authority of approvals herein granted; instih
prosecute litigation to compel their compliance with said conditions or seek d8
for their violation. No vested rights are gained by Developer or a sum
interest by the City’s approval of this Resolution.
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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 No\
1995, by the following vote, to wit:
AYES: Chairperson Welshons, Commissioners Compas, Monroy
and Savary
NOES: Commissioner Erwin
ABSENT: Commissioner Nielsen
ABSTm None
KIM WEkSHONS, Chairperson
CARLSBAD PLANNING COMMISSIO
ArnT
PLANNING DIRECI'OR
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II
e EXHIBIT "X 0 November 15,1995
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA ADOPTING THE AVIARA
MASTER PLAN AMENDMENT RELATIVE TO THE
CLUSTERED SINGLE FAMILY CONDOMINIUMS ON
PROPERTY GENERALLY LOCATED IN THE
SOUTHWEST QUADRANT OF THE CITY IN LOCAL
FACILITIES MANAGEMENT PLAN ZONE 19.
CASE NO: MP 177(L)
CASE NAME MAREA - AVIARA PLANNING AREA 12
8 WHEREAS, the City Council of the City of Carlsbad, California has r1
9 and considered a Master Plan Amendment for future development of the site; ant
lo // WHEREAS, after procedures in accordance with the requirements of
' ' // City Council has determined that the public interest indicates that said plan amendl
12 II ll approved. 13
14 NOW, THEREFORE, the City Council of the City of Carlsbad doe5
15 as follows:
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condominiums, MP 177(L), dated November 15,1995, attached herein and incorpol 18
further amended by the Master Plan Amendment relative to the clustered singlt l7
SECTION I: That the Aviara Master Plan MP 177 as amended to
2o il reference herein, is approved. The Master Plan Amendment shall constitute the zo
21 this property and all development of the property shall conform to the plan.
22 SECTION 11: That the findings and conditions of the Planning Corn
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conditions of the City Council. 24
in Planning Commission Resolution No. 3840 shall also constitute the findil
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EFFECTIVE DATE: This ordinance shall be effective thirty days
adoption, and the City Clerk shall certiQ to the adoption of this ordinance and cal
be published at least once in a newspaper of general circulation in the City of (
within fifteen days after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the C
City Council on the day of , 1995, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Counci
City of Carlsbad on the day of 9 1995, by the following vote, to
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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AVIARA
MAREA - PLANNING AREA 12
MASTER PLAN AMENDMENT
REPLACEMENT PAGES
MP 177(L)/LCPA 95-13
NOVEMBER 15,1995
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PLANNING AREA 12: hnr!?,Y !?PZD@&A&
J
.>.
BESCRJPTTON: This 26.1 acre planning area provi&s for x clustered single fa
detached residential . The neighborhood fronts upon Alga Road to the northeast and is
bounded by the hotel planning area to the east and the 7th and 8th holes of the golf course to
west. The southern portion of this neighborhood will preserve the natural slopes and vegetal
DEVELOPMENT STANDARDS: PD
All development in Planning Area 12 shall conform to the development standards of the. PD
ordinance as described in Chapter 2 1.45.090 of the Carlsbad Municipal Code unless othenvi:
noted in this chapter.
USE ALLOCATTON:
Maximum of 3 17 residential units (12.1 DU/AC). Private recreation faciIities are required i
conjunction with the residential units.
PERMTTTED USES: z. Clustered Single family detached housing (condominium
ownership).
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SI T E DEVELOPMENT STANDARDS:
Height:
The maximum height shall not exceedaSfeet. All heights shall be determined per Section
21.04.065 of the Carlsbad Municipal Code. - No structures in this Plann
Area shall be w- more than two stories in height. t
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Setbacks:
The minimum setback for all structures from the Alga Road right-of-way shall be 50 feet. Th
minimum setback for all structures and parking fiom &KS&eet Black Rail Court shall be 3
feet. All parking shall be setback a minimum of 35 feet from Alga Road, provided that it is fi
screened. Front yard setbacks within the - clusters shall be -
Se&ie, 21 :! 5.5 a minimum of 5 feet. All structures sh
be setback a minimum of 20 feet from the planning area boundary. The minimum building
separation shall be 2Q '10 feet. All structures shall be setback a minimum of 24 10 feet from
internal spine streets. All structures shall be setback 20 feet from the fire suppression ZOE
Units which have garages that front on the main spmeinternal street shall have a
minimum setback of 20 feet to the garage face. All front yard setbacks shall be
measured from the back of curb or the back of sidewalk, whichever is closer. All side
yards fronting on the cluster driveway shall be a minimum of seven and onehalf (7.5)
feet. All other side yards and rear yards shall. be a minimum of five (5) feet.
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I < Street Width:
The main internal spine street shall be 32 feet wide, with parking on one side. The
entrance drive to each cluster of four or fewer units shall be a minimum of 24 feet '
The entrance drive for clusters of over four units shall be a minimum of 30 feet wic
All private driveways within the clusters and along the main spine street Shall a
minimum of 20 feet wide.
Parking:
Parking shall conform to the standards of Chapter 21.44 of the Carlsbad Municipal Code.
open parking shall be screened from Alga Road by the use of berming and heavy landscapi
SPECIAL DESIGN CRITERIA:
Design:
All community-wide design standards described in Section A of Chapter IV shall be ernboc
the architecture of this planning area. The following specific guidelines shall also be incluc
for this planning area:
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Strong architectural relief features shall be incorporated into the structures
visible from Alga Road.
As shown on the conceptual site plan for this pianning area, the identified natural
slopes shall be preserved and maintained as open space. ..
Curviiinear streets shall be combined with varied structural setbacks to strengther
Mediterranean hilltown appearance of the planning area clusters.
I Outdoor courtyardsT and patios ad-ph~~ shall be included.
Entry Treatment: I A neighborhood entry way shall be located on - Black Rail Court. . .
Fencing:
Traffic noise attenuation structure may be required adjacent to Alga Road in the form of an
approved decorative noise wall, earthen berm or combination of the two. A noise study sha
required prior to the submittal of a building pennit to determihe the extend of this element.
open fence shall be required at the perimeter of the development area beginning at Alga ROE I and extending around to "J" 9- Black Rail Court.
Landscape:
All community-wide landscape standards described in Section A, Community Design Elemer
of Chapter IV shall be incorporated into this planning area. In addition, the following specific
landscape concepts shalI be included in the development of this planning area.:
Views to the golf course and lagoon shall be preserved.
Landscape screening of structures shall be- incorporated to soften the view
of these structures from Alga Road.
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Landscape screening shall be required for parking lots located along Alga Road , and ._
other internal streets.
Common streetscape areas shall conform to community requirements. Street trees,
landscape planting intensity zones, paving, entry monuments, irrigation systems,
walls, fences, lighting,, etc., have been pre-determined to provide consistency in
design and quality.
A fire suppression zone subject to the approval of the Planing Director and Fire
Marshal shall be established between nativehaturaiized areas and structures. The
fire suppression plan should incorporate structural setbacks from native areas in
combination with a program of selective thinning of native vegetation subject to the
of the Planning Director.
The eastern slope near the hotel entry shall conform to the hotel landscaping criteria.
Where parking lots are provided, a minimum 320 square foot landscaped island shall
be provided for every ten parking spaces.
Street Trees:
Canary Island Pine (Pinus canariensis) shall be planted along Alga Road. Queen Palm 1 (Arecastrum Romanzoffianum) shall be planted along "J" St& Black Rail Court.
Open Space:
The northwest graded slopes adjacent to the 7th hole of the golf course and the graded slopes
above the intersection of Alga Road and the resort entry road shall be maintained as open spacc
The portion of the planning area to the south ofthe developed area shall be maintained as a
natural open space. The above open space areas shall be maintained by the community open
space maintenance district.
Trails:
The planning area cluster frontage on Alga Road shall include a segment of the major
community trail located along the south side of the street. This segment shall be constructed as i
condition of development.
Grading:
Any development within this planning area shall comply with the City's Hillside Development
Regulations and the slope and resource preservation policies of the underlying local coastal
program and subsequent coastal permit. Any application for development within this planning
area shall require a slope analysishiological resource map during Site Development Plan reviev
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