HomeMy WebLinkAbout1995-11-15; Planning Commission; Resolution 38430 a
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PLANNING COMMISSION RESOLUTION NO. 3843
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDING APPROVAL OF A MAJOR
AMENDMENT TO AN EXISTING PLANNED UNIT
DEVELOPMENT PERMIT TO REVISE THE SITE AND
BUILDING DESIGN 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: PUD 89-19(A)
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 plann
development permit amendment as provided by Chapter 21.47 of the Carlsbad Mu
l4 I/ Code; and
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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 hea
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; and
WHEREAS, at said public hearing, upon hearing and considering all tec
and arguments, if any, of all persons desiring to be heard, said Planning Cow
considered all factors relating to PUD 89-19(A).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the P
Commission as follows:
A) That the above recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Comm
recommends APPROVAL of Planned Unit Development Permit Amendment,
89-19(A), based on the following findings and subject to the following conditi
Findings:
1. The Planning Commission finds that:
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) an
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 Nq
Declaration approved in connection with the Aviara Master Plan (ME
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 Nq
Declaration for CT 89-39;
e. none of the circumstances requiring Subsequent or Supplemental EIR
CEQA Guidelines Sections 15162 or 15163 exist;
2. The Planning Commission finds that all feasible mitigation measures or PI
alternatives identified in the EIR (EIR 83-02(A)) and the Conditional Nq
Declaration for CT 89-39 which are appropriate to this Subsequent Project have
incorporated into this Subsequent Project.
3. The City% MEIR found that air quality and circulation impacts are significan
adverse; therefore, the City Council adopted a statement of oven
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 app
is in conformance with the Elements of the City’s General Plan, based o
following:
a. Land Use - That the project is consistent with the City’s General Plan
the proposed density of 5.5 du/acre is within the density range of 4.0 1
du/acre specified for the site as indicated on the Land Use Element c
General Plan, and is at or below the growth control point of 6.0 du/ac~
b. Circulation - That the project is consistent with the Circulation Eleme
the Developer will complete all street improvements prior to occupancy c
I PC RES0 NO. 3843 -2-
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C. Noise - That the project is consistent with the Noise Element a
Developer will post aircraft notification signs in all sales offices assol
with the new development.
d. Housing - That the project is consistent with the Housing Element t
General Plan and the Inclusionary Housing Ordinance as the Developc
entered into an Affordable Housing Agreement and is satisfying it’s fair
of affordable housing through the construction of the Villa Loma projl
the southwest quadrant.
e. Open Space and Conservation - That the project is consistent with the
Space and Conservation Element as the proposal maintains app
amounts of native habitat, and erosion control during remedial gr
reduces sedimentation of lagoon and the proposal will comply wil
NPDES requirements.
f. Public Safety - The project is consistent with the Public Safety Element :
buildings will meet UBC and State seismic requirements and all nece
water mains, tire hydrants and appurtenances must be installed pril
occupancy of any unit and all-weather access roads will be maint;
throughout construction.
5. The project is consistent with the City-Wide Facilities and Improvements PlaI
applicable local facilities management plan, and all City public facility policie!
ordinances since:
a. The project has been conditioned to ensure that building permits will n
issued for the project unless the District Engineer determines that s
service is available, and building cannot occur within the project unless s
service remains available, and the District Engineer is satisfied thai
requirements of the Public Facilities Element of the General Plan have
met insofar as they apply to sewer service for this project.
b. Statutory School fees will be paid to ensure the availability of school faci
in the Carlsbad Unified School District, unless all or a portion of said
are waived by the Carlsbad Unified School District.
c. Park-in-lieu fees are required as a condition of approval, unless previc
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 require
conditions of approval.
e. The developer has agreed and is required by the inclusion of an approp
condition to pay a public facilities fee. Performance of that contract
PC RES0 NO. 3843 -3-
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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 PI
to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure COI
availability of public facilities and will mitigate any cumulative impacts created
project.
7. This project has been conditioned to comply with any requirement approved
of the Local Facilities Management Plan for Zone 19.
8. 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, mastel
and all adopted plans of the City and other governmental agencies, in tl
required recreation area, street width, sidewalks and parking are provided; n
density residential uses are permitted in Aviara Planning Area 12; erosion
measures will be utilized and the existing native habitat will be maintained.
9. That the proposed use at the particular location is necessary and desirable to I
a service or facility which will contribute to the long-term general well-being
neighborhood and the community, in that it provides residential support
future commercial use@) in the area and increases the range of housing c(
availability within the master plan.
10. 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 improv
in the vicinity, in that all necessary public facilities and services needed to se
development are or will be in place prior to occupancy of the project.
11. 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 ;
21.45.080, and has been designed in accordance with the concepts containec
Design Guidelines Manual, in that the required recreation area, street
sidewalks and parking are provided; the streetscape is enhanced through the
building separation and architectural detail, clustering of buildings providt
individual open space, and curvilinear streets and courtyards provide visual i
through the project.
12. 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 proposed grading scheme follows the previous approved pl
no additional encroachments into native open space are required.
13. That the proposed project’s design and density of the developed portion of
is compatible with surrounding development and does not create a disharmor
disruptive element to the neighborhood, in that adequate open space ant
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buffering occurs between the residential project and the neighboring non-resi
development.
14. 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 spine road mr
minimum 32 foot width for parking on one side and the reduced courtyard
of 24 feet minimize paved area while providing adequate circulation for tl
units that they serve.
Planning Conditions:
1. The Planning Commission does hereby recommend approval of the Planne
Development Amendment for the Clustered Single Family Residential 1
entitled "Marea" (Exhibits "A" - "P" on file in the Planning Departme:
incorporated by this reference, dated November 15, 1995), subject to the con
herein set forth. Staff is authorized and directed to make or require the De\
to make all corrections and modifications to the Planned Unit Development
Amendment Documents, as necessary to make them internally consistel
conform to City Council's final action on the project. Development shall
substantially as shown on the approved exhibits. Any proposed develo
substantially different from this approval, shall require an amendment 1
approval.
2. Approval of PUD 89-19(A) is granted subject to the approval of MP 177(L),
95-13 and CT 89-39(A). PUD 89-19(A) is subject to all conditions contai
Planning Commission Resolution Nos. 3840,3841 and 3842, for MP 177(L),
95-13 and CT 89-39(A), respectively.
General Conditions:
3. 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 thc
to revoke or modify all approvals herein granted; deny or further condition is5
of all future building permits; deny, revoke or further condition all certific;
occupancy issued under the authority of approvals herein granted; institui
prosecute litigation to compel their compliance with said conditions or seek da
for their violation. No vested rights are gained by Developer or a succes
interest by the City's approval of this Resolution.
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PC RES0 NO. 3843 -5 -
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1 PASSED, APPROVED, AND ADOPTED at a regular meeting 1
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1995, by the following vote, to wit: 3
Planning Commission of the City of Carlsbad, California, held on the 15th day of Novc
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AYES: Chairperson Welshons, Commissioners Compas, Monroy,
and Savary
6 NOES: Commissioner Erwin
7 ABSENT: Commissioner Nielsen
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ABSTAIN: None
KIM WELSHONS, Chairperson
CARLSBAD PLANNING COMMISSION
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ATTEST
PLANNING DIRECTOR
PC RES0 NO. 3843 -6-