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Home My WebLink About1995-11-15; Planning Commission; Resolution 3841f z, 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 PLANNING COMMISSION RESOLUTION NO. 3841 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MAJOR LOCAL COASTAL PROGRAM AMENDMENT TO THE IMPLEMENTING ORDINANCE OF THE MELLO I LOCAL COASTAL PROGRAM (AVIARA MASTER PLAN) TO ALLOW REVISIONS TO PERMITI'ED USES AND DEVELOPMENT STANDARDS ON PROPERTY GENERALLY LOCATED SOUTH OF ALGA ROAD, BETWEEN BLACK RAIL COURT AND BLUE HERON DRIVE, WITHIN AVIARA PLANNING AREA 12, IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: MAREA CASE NO: LCPA 95-13 WHEREAS, California State Law requires that the Local Coastal PI General Plan, and Zoning for properties in the Coastal Zone be in conformance; : WHEREAS, MP 177 constitutes the zoning for the Aviara Master Plan as the implementing ordinance for the subject Coastal Zone property; and WHEREAS, Chanco Development Cow. has filed a verified ame1 application to the Local Coastal Program with the Planning Department; and WHEREAS, said verified application constitutes a request for a Local ( Program Amendment as provided in Public Resources Code Section 30574 and An of Chapter 8, Subchapter 2, Division 5.5 of Title 14 of the California Code of Rep (Coastal Commission Administrative Regulations); and WHEREAS, the City in compliance with State Administrative rep opened a six week public review for the proposed LCP amendment; and WHEREAS, the Planning Commission of the City of Carlsbad, on No\ 15, 1995 held a public hearing to consider the recommendations and heard all F interested in or opposed to Local Coastal Program Amendment LCPA 95-13; I I b 7 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 0 0 NOW, THEREFORE, BE IT HEREBY RESOLVED by the PI 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 public hearing, the Coml recommends APPROVAL of Local Coastal Program Amendment, LCPA according to Exhibit "X", dated November 15,1995, which contains master pl changes as attached to Planning Commission Resolution No. 3840 for MP and based on the following findings and subject to the following conditions: Findings: 1. The Planning Commission finds that: a. the project is a subsequent development as identified in Section 21083.: California Environmental Quality Act; b. the project is consistent with the Aviara Master Plan (MP 177) a previously approved tentative tract map (CT 89-39) with reg environmental impacts; c. there was an EIR certified (EIR 83-02(A)) and a Conditional N Declaration approved in connection with the Aviara Master Plan (M and the previously approved tentative tract map (CT 89-39); d. the project has no new significant environmental effect not anal) significant in the prior EIR (EIR 83-02(A)) or the prior Conditional N Declaration for CT 89-39; e. none of the circumstances requiring Subsequent or Supplemental EIP CEQA Guidelines Sections 15162 or 15163 exist; 2. The Planning Commission finds that all feasible mitigation measures or alternatives identified in the EIR (EIR 83-02(A)) and the Conditional N Declaration for CT 89-39 which are appropriate to this Subsequent Project hay incorporated into this Subsequent Project. 3. The City's MEIR found that air quality and circulation impacts are signifia adverse; therefore, the City Council adopted a statement of ove considerations. The project is consistent with the General Plan and as tc effects, no additional environmental document is required. 4. The Planning Commission finds that the project, as conditioned herein for a& is in conformance with the Elements of the City's General Plan, based following: PC RES0 NO. 3841 -2- 4 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 I 0 e 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 4.1 dulacre specified for the site as indicated on the Land Use Elemenl General Plan, and is at or below the growth control point of 6.0 du/; b. Circulation - That the project is consistent with the Circulation Elel the Developer will complete all street improvements prior to occupanq unit. C. Noise - That the project’ is consistent with the Noise Element Developer will post aircraft notification signs in all sales offices ass with the new development. d. , Housing - That the project is consistent with the Housing Element General Plan and the Inclusionary Housing Ordinance as the Develo, entered into an Affordable Housing Agreement and is satisfying it’s fai of affordable housing through the construction of the Villa Loma prt the southwest quadrant. e. Open Space and Conservation - That the project is consistent with th Space and Conservation Element as the proposal maintains a€ amounts of native habitat, and erosion control during remedial I reduces sedimentation of lagoon and the proposal will comply P NPDES requirements. f. Public Safety - The project is consistent with the Public Safety Elemen buildings will meet UBC and State seismic requirements and all ne water mains, fire hydrants and appurtenances must be installed p occupancy of any unit and all-weather access roads will be mail 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 polic ordinances since: a. The project has been conditioned to ensure that building permits will issued for the project unless the District Engineer determines tha1 service is available, and building cannot occur within the project unles service remains available, and the District Engineer is satisfied tl: 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 fz in the Carlsbad Unified School District, unless all or a portion of sa are waived by the Carlsbad Unified School District. i PC RES0 NO. 3841 -3- I1 0 0 1 1 2 3 4 5 6 7 8 9 10 11 c. Park-in-lieu fees are required as a condition of approval, unless grc excluded by the Parks Agreement between the City and Aviar; Associates, dated June 1, 1989. d. All necessary public improvements have been provided or are reql conditions of approval. e. The developer 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. 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 adc requirements established by a Local Facilities Management Plan prepared p to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure coj availability of public facilities and will mitigate any cumulative impacts createc project. 12 13 7. This project has been conditioned to comply with any requirement approved 14 in that all areas of steep slopes and native vegetation are being preserved. 15 of the Local Facilities Management Plan for Zone 19. 8. That the proposed Local Coastal Program Amendment is consistent ‘v applicable policies of the Mello I segment of the Carlsbad Local Coastal PI 16 17 18 19 20 21 22 23 24 25 9. That the proposed amendments to the implementing ordinance of the n segment of the Carlsbad Local Coastal Program are required to maintain cons between the Aviara Master Plan and the City’s Local Coastal Program. Planning Conditions: 1. The Planning Commission does hereby recommend approval of the Majol Coastal Program Amendment (Exhibit “X“, dated November 15, 1995) j Clustered Single Family Residential Project entitled “Marea” (Exhibits “A dated November 15, 1995) on file in the Planning Department and incorpor, this reference, subject to the conditions herein set forth. Staff is authoriz directed to make or require the Developer to make all corrections and modifi to the Local Coastal Program Amendment documents, as necessary to mak( internally consistent and conform to City Council’s final action on the I Development shall occur substantially as shown on the approved exhibits proposed development substantially different from this approval, shall req1 26 ll amendment to this approval. 27 2. Approval of LCPA 95-13 is granted subject to the approval of MP 177(L), 39(A) and PUD 89-19(A). LCPA 95-13 is subject to all conditions contaj 28 PC RES0 NO. 3841 -4- b II 0 e 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Planning Commission Resolution Nos. 3840,3842 and 3843 for MP 177(L), ( 39(A) and PUD 89-19(A) respectively. 3. Approval of LCPA 95-13 is not effective until it is approved by the California C Commission. If the Coastal Commission approval is substantially differe amendment to City-issued Major Local Coastal Program Amendment (LCPA shall be required. General Conditions: 4. If any of the foregoing conditions fail to occur; or if they are, by their terms implemented and maintained over time; if any of such conditions fail to implemented and maintained according to their terms, the City shall have th to revoke or modify all approvals herein granted; deny or further condition is of all future building permits; deny, revoke or further condition all certific occupancy issued under the authority of approvals herein granted; institu prosecute litigation to compel their compliance with said conditions or seek d: for their violation. No vested rights are gained by Developer or a succe interest by the City’s approval of this Resolution. PASSED, APPROVED, AND ADOPTED at a regular meeting Planning Commission of the City of Carlsbad, California, held on the 15th day of Nov l5 11 1995, by the following vote, to wit: 16 17 18 AYES: Chairperson Welshons, Commissioners Compas, Monroy, and Savary NOES: Commissioner Erwin 19 ABSENT: Commissioner Nielsen 20 21 ABSTAIN: None 22 23 24 25 ATEST: KIM WEaHONS, Chairperson CARLSBAD PLANNING COMMISSIO 26 27 28 ll Planning Director PC RES0 NO. 3841 -5-