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Home My WebLink About1995-12-06; Planning Commission; Resolution 3852.* ' \- t. 1 1 .- 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 PLANNING COMMISSION RESOLUTION NO. 3852 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A NONRESIDENTIAL PLANNED DEVELOPMENT PERMIT TO ALLOW A PRIVATE STREET WITHIN THE OFFICEBESEARCH AND DEVELOPMENT (PLANNING AREA 2) PORTION OF THE CARLSBAD RANCH SPECIFIC PLAN ON PROPERTY GENERALLY LOCATED NORTH OF PALOMAR AIRPORT ROAD, SOUTH OF FUTURE CANNON ROAD, EAST OF PASEO DEL NORTE AND WEST OF LOCAL FACILITY MANAGEMENT ZONES 5 AND 8. CASE NAME: CARLSBAD RANCH/LEGOLAND CASE NO: PUD 94-07 WHEREAS, the Carltas Company has filed a verified application for ( SPECIFIC PLAN AMENDMENT property to wit: Lots 6 - 15 inclusive of Carlsbad Tract No. 94-09 with the City of Carlsbad and which has been referred to the Planning Commission WHEREAS, said verified application constitutes a request for a Residential Planned Unit Development Permit as shown on Exhibits "A" - "H", December 6, 1995 on file in the Planning Department and incorporated by this rei as provided by Chapter 21.47 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 6th day of December 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 tes and arguments, if any, of all persons desiring to be heard, said Commission conside factors relating to the Planned Unit Development. NOW, THEREFORE, BE IT HEREBY RESOLVED by the P1 Commission as follows: A) That the above recitations are true and correct. ll .. ~. I \ 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 0 B) That based on the evidence presented at the public hearing, the Comn APPROVES Planned Unit. Development, PUD 94-07, based on the fol findings and subject to the following conditions: Findings: 1. The Planning Commission of the City of Carlsbad has reviewed, analyze considered Final Program Environmental Impact Report 94-01, the environl impacts therein identified for this project and said comments thereon, a Mitigation Monitoring and Reporting Program, on file in the Planning &pan prior to approving the project. 2. The project is consistent with the City-Wide Facilities and Improvements Ph applicable local facilities management plan, and all City public facility policic ordinances since: a) The project has been conditioned to ensure that the final map will 1 approved unless the City Council finds that sewer service is available tc the project. In addition, the project is conditioned such that a note s€ placed on the final map that building permits may not be issued f; project unless the District Engineer determines that sewer service is ava and building cannot occur within the project unless sewer service re available, and the District Engineer is satisfied that the requirements Public Facilities Element of the General Plan have been met insofar h 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. c) Park fees are required as a condition of approval by the Zone 13 LFlb d) All necessary public improvements have been provided or are requil conditions of approval. e) The developer has agreed and is required by the inclusion of an appro condition to pay a public facilities fee. Performance of that contrac payment of the fee will enable this body to find that public facilities 1 available concurrent with need as required by the General Plan. 3. The project has been conditioned to pay any increase in public facility fee, o construction tax, or development fees, and has agreed to abide by any addi requirements established by a Local Facilities Management Plan prepared pu~ to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure con1 availability of public facilities and will mitigate any cumulative impacts created project. 4. This project has been conditioned to comply with any requirement approved a of the Local Facilities Management Plan for Zone 13. PC RES0 NO. 3852 -2- /- I 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 5. That the granting of this permit will not adversely affect and will be consister the City code, the General Plan, applicable specific plans, master plans, a adopted plans of the City and other governmental agencies, in that the Ca Ranch Specific Plan, as amended, ensures that development within the specifi area will be consistent with the Carlsbad Municipal Code, the Carlsbad G Plan and any other plans of the city or other government agency. Since street ! private street is included as a part of the amended specific plan, the nonresi( planned development permit will be consistent with the Carlsbad Ranch S Plan as amended. 6. That the proposed use at the particular location is necessary and desirable to p a service or facility which will contribute to the general well-being ( neighborhood and community, in that Planning Area 2 of the Carlsbad Specific Plan is located beheen Armada Drive on the west and LEGO Drive east. The proposed private street is located entirely within Planning Area intersects Armada Drive at the north end and at the south end of the planninl Since LEGO Drive is the main access street to LEGOLAND, access to the lots the eastern portion of Planning Area 2 is not permitted from LEGO Drive private street will provide the necessary access to the lots on the east s Planning Area 2. In order to reduce the possible traflic conflicts with v( entering LEGOLAND, the private street for access to the eastern portion of Plt Area 2 is desirable and will contribute to the general well being of the entering both LEGOLAND and Planning Area 2. 7. That such project will not be detrimental to the health, safety or general well persons residing or working in the vicinity, or injurious to property or improve in the vicinity, in that providing access to the eastern portion of Planning A using a private street will reduce the potential traffic conflicts that could o( access to Planning Area 2 was permitted from LEGO Drive. Therefore, the prc private street would actually elevate the health, safety and general welfare people visiting LEGOLAND and those working in Planning Area 2. 8. That the proposed nonresidential planned development meets all of the mi1 development standards of the underlying zone, including lot area, in th nonresidential planned development permit is to allow for a private street Planning Area 2. The planned development permit is consistent wil requirements of the specific plan and the underlying zone. Conditions: 1. The Planning Commission does hereby approve the Nonresidential PI Development Permit for the Carlsbad Ranch Specific Plan Amendment I entitled "Master Tentative Map for Carlsbad Ranch, C.T. 94-09". (Exhibit "A on file in the Planning Department and incorporated by this reference, December 6,1995), subject to the conditions herein set forth. Staff is authorizc directed to make or require the Developer to make all corrections and modifit to the Master Tentative Map Documents, as necessary to make them intt PC RES0 NO. 3852 -3- II .f ’ . t 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 consistent and conform to Planning Commission’s final action on the P Development shall occur substantially as shown on the approved exhibits. proposed development substantially different from this approval, shall requ amendment to this approval. 2. This Project shall comply with all conditions and mitigation measures whi required as part of the Zone 13 Local Facilities Management Plan an amendments made to that Plan prior to the issuance of building permits. 3. If any condition for construction of any public improvements or facilities, l payment of any fees in lieu thereof, imposed by this approval or imposed by I this project are challenged this approval shall be suspended as provid Government Code Section 66020. If any such condition is determined to be i this approval shall be invalid unless the City Council determines that the r without the condition complies with all requirements of law. 4. Approval of PUD 94-07 is granted subject to the approval of EIR 94-01, GPA HDP 94-07. PUD 94-07 is subject to all conditions contained in Plz Commission Resolution No(s) 3844 for the Program EIR. LCPA 90-O8(B), ZC 94-02, SP 207(A), LFMP 87-13(B), AP 76-01(D), CT 94-0 5. All private streets, walkways, and landscaped areas not dedicated to public USI be maintained by the property owners. Provisions acceptable to the Plz Director and City Engineer shall be made for the preservation and maintena, all such improvements prior to the issuance of grading permits or final recordation whichever occurs first. Such provisions shall also be made f landscaping to be maintained in the public right-of-way. 6. Prior to approval of the grading permit or final map whichever occurs firs Developer shall receive approval of a Coastal Development Permit issued 1 California Coastal Commission that substantially conforms to this approval. A E copy of the Coastal Development Permit must be submitted to the Planning D~I If the approval is substantially different, an amendment to Planned Develo] Permit shall be required. 7. 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 iw of all future building permits, deny, revoke or further condition all certifica occupancy issued under the authority of approvals herein granted, institutc prosecute litigation to compel their compliance with said conditions or seek dal for their violation. No vested rights are gained by Developer or a succes! interest by the City’s approval of this Resolution. Code Reminders: NOTE: The project is subject to all applicable provisions of local ordin; PC RES0 NO. 3852 -4- ,* , c '. , v- 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 including but not limited to the following code requirements: 8.. All landscape and irrigation plans shall be prepared to conform with the Lan Manual and submitted per the landscape plan check procedures on file Planning Department. 9. The Developer shall pay a landscape plan check and inspection fee as requ Section 20.08.050 of the Carlsbad Municipal Code. PASSED, APPROVED, AND ADOPTED at a regular meeting of tk Planning Commission of the City of Carlsbad, California, held on the 6th day of Dec 1995, by the following vote, to wit: AYES: Chairperson Welshons, Commissioners Compas, Nielsen and Savary NOES: Commissioner Erwin and Monroy ABSENT: None ABSTAIN: None KIM ~LSHONS, Chairperson CARLSBAD PLANNING COMMISSIOI ATEST: MICHAEL J.YIOLZNIILLER Planning Director I I 1 PC RES0 NO. 3852 -5-