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Home My WebLink About1997-06-04; Planning Commission; Resolution 4114w 0 0 I I 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 11 PLANNING COMMISSION RESOLUTION NO. 4114 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MASTER PLAN AMENDMENT TO REVISE PERMITTED USES AND DEVELOPMENT STANDARDS FOR AVIARA PLANNING AREA 23 FOR PROPERTY GENERALLY LOCATED NORTH OF AVIARA PARKWAY, WEST AND EAST OF BLACK RAIL COURT IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: AVIARA PLANNING AREA 23 CASE NO: MP 177(R) WHEREAS, Aviara Land Associates, “Developer”, has filed a ve application with the City of Carlsbad regarding property owned by Aviara Land Assoc “Owner”, described as: A portion of Section 22, 26, 27, 28, 33, and 34 in Township 12 South, Range 4 West, in the City of Carlsbad, County of San Diego, State of California (“the Property”); and WHEREAS, said verified application constitutes a request for a Master Amendment as shown on Exhibit “X” dated June 4, 1997, attached, Master Plan Amend MP 177(R), as provided by MP 177 and its amendments and Chapter 21.38 of the C~I Municipal Code; and WHEREAS, the Planning Commission did, on the 4th day of June consider said request; and WHEREAS, at said public hearing, upon hearing and considering all test! and arguments, if any, of all persons desiring to be heard, said Commission considered all 1 relating to the Master Plan Amendment. WHEREAS, on December 8, 1987, the City Council approved MP 1 described and conditioned in Planning Commission Resolution No. 2594. 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 P1a1 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 Commj RECOMMENDS APPROVAL of Master Plan Amendment MP 177(R), on the following findings and subject to the following conditions: Findings: 1. That the proposed development as described by Master Plan Amendment MP 1771 consistent with the provisions of the General Plan and applicable specific plans, in I still provides for a balance of land uses and does not preclude the provision of f1 housing needs, particular affordable housing, in the southwest quadrant. 2. That all necessary public facilities can be provided concurrent with need and ade provisions have been provided to implement those portions of the Capital Improve Program applicable to the subject property, in that all infrastructure needed to sew site, whether for a residential or commercial land use, is already in place or w constructed prior to or concurrent with development. 3. That the residential and open space portions of the community will constitu environment of sustained desirability and stability, and that it will be in harmony w provide compatible variety to the character of the surrounding area, and that the proposed for public facilities, such as schools, playgrounds and parks, are adequ; serve the anticipated population and appear acceptable to the public authorities h jurisdiction thereof, in that no adjustment to the existing open space portions c master plan is proposed and addition of another multifamily planning area doc create compatibility, housing balance or facility provision issues. 4. That the proposed commercial and industrial uses will be appropriate in area, loci and overall design to the purpose intended, that the design and development are such create an environment of sustained desirability and stability, and that such develor will meet performance standards established by Title 21, in that as indicated b commercial land use studies, there are adequate commercial opportunities il primary trade area of the Aviara Planning Area 23 commercial site, thus neg the need for another neighborhood commercial site. 5. That in the case of institutional, recreational, and other similar nonresidential uses: development will be proposed, and surrounding areas are protected from any ad effects fiom such development, in that no impact or adjustments to the exi approved recreational uses is proposed. PC RES0 NO. 41 14 -2- IC 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 e 6. That the streets and thoroughfares proposed are suitable and adequate to cq anticipated traffic thereon, in that the proposed land use change to multif; residential will result in significantly less average daily trips than the commt land use. 7. That any proposed commercial development can be justified economically at the loc proposed and will provide adequate commercial facilities of the types needed at location proposed, in that as indicated by the commercial land use studies, ther adequate commercial opportunities in the primary trade area of the A Planning Area 23 commercial site, thus negating the need for another neighbor commercial site. 8. That the area surrounding the development is or can be planned and zonc coordination and substantial compatibility with the development, in that the pro1 residential land use would be more compatible with the surrounding residentia open space land uses than would a commercial center. 9. That appropriate measures are proposed to mitigate any adverse environmental imp; noted in the adopted Environmental Impact Report for the project, in that no signii negative impacts on the environment were determined to occur as a result 0’ land use change. Conditions: 1. The Planning Commission does hereby RECOMMEND APPROVAL of the N Plan Amendment for the project entitled Aviara Planning Area 23 - MP 1: (Exhibit “X” dated June 4, 1997, attached and incorporated by this reference, subjl the conditions herein set forth.) Staff is authorized and directed to make, or re Developer(s) to make, all corrections and modifications to the Master Plan Amend documents as necessary, to make them internally consistent and in conformity with action on the project. Development shall occur substantially as shown in the appl Exhibits. Any proposed development substantially different fiom this approval, require an amendment to this approval. 2. The Developers shall comply with all applicable provisions of federal, state, and ordinances in effect at the time of building permit issuance. 3. Approval of MP 177(R) is granted subject to the approval of GPA 96-02 and LCPL 02. MP 177(R) is subject to all conditions contained in Planning Commi Resolutions No. 4115 and 4116 for GPA 96-02 and LCPA 96-02, respectively. General: 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 I implemented and maintained according to their terms, the City shall have the rig 1 PC RES0 NO. 41 14 -3- r 1 2 3 4 0 0 revoke or modify all approvals herein granted; deny or further condition issuance future building permits; deny, revoke or further condition all certificates of OCCUJ issued under the authority of approvals herein granted; institute and prosecute litigat: compel their compliance with said conditions or seek damages for their violati01 vested rights are gained by Developer or a successor in interest by the City's appro this Master Plan Amendment. I 5 7 5. Approval of this request shall not excuse compliance with all applicable sections ( 6 Code Reminders: Zoning Ordinance and all other applicable City ordinances in effect at time of buj permit issuance, except as otherwise specifically provided herein. 8 9 PASSED, APPROVED AND ADOPTED at a regular meeting of the Pla /I Commission of the City of Carlsbad, California, held on the 4th day of June 1997, b 10 I1 ll following vote, to wit: 12 13 14 15 AYES: Chairperson Nielsen, Commissioners Heineman, Monroy, > Savary and Welshons NOES: None ABSENT: Commissioner Compas ~ 16 17 ABSTAIN: None 18 21 ROBERT NIELSEN, Chairperson 20 i. // "&-----"" -4"- 19 &J- / / x""'$ rT /;?" /" /%",, t .. CARLSBAD PLANNING COMMISSION 22 23 ATTEST: 24 25 Planning Director MICHAEL J. HMMILMR 26 27 28 PC RES0 NO. 41 14 I -4- 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 0 a EXHIBIT ‘‘X JUNE 4,195 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING THE AVIARA MASTER PLAN AMENDMENT RELATIVE TO AVIARA PLANNING AREA 23 ON PROPERTY GENERALLY LOCATED NORTH OF AVIARA PARKWAY, EAST AND WEST OF BLACK RAIL COURT IN LOCAL FACILITIES MANAGEMENT ZONE 19 CASE NAME: AVIARA PLANNING AREA 23 CASE NO.: MP 177(R) The City Council of the City of Carlsbad, California, does ordain as follows: WHEREAS, the City Council of the City of Carlsbad, California has revi and considered a Master Plan Amendment for future development of the site; and WHEREAS, the Aviara Master Plan was adopted by City Council Ordinancl 9839 on December 22, 1987 and constitutes the zoning for the subject property; and WHEREAS, the Aviara Master Plan has been amended a total of sixteen since original adoption, most recently for MP 177(Q) through City Council Ordinance N$ on July 16,1996; and WHEREAS, after procedures in accordance with requirements of law, the Council has determined that the public interest indicates that said plan amendment be appro7 NOW, THEREFORE, the City Council of the City of Carlsbad does orda follows: SECTION I: That the Aviara Master Plan MP 177 as amended to date is fi amended by the Master Plan Amendment relative to Aviara Planning Area 23, MP 177(R), ( June 4, 1997, attached herein and incorporated by reference herein, is approved. The N Plan Amendment shall constitute the zoning for this property and all development of the pro shall conform to the plan. I a 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 SECTION 11: That the findings and conditions of the Planning Commissil Planning Commission Resolution No. 41 14 shall also constitute the findings and conditio the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days aft1 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it published at least once in a publication of general circulation in the City of Carlsbad M fifteen days after its adoption. Not withstanding the preceding, this ordinance shall nc effective until approved by the California Coastal Commission. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad Council on the day of 1997, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the C. Carlsbad on the day of 1997, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) -2- A e 0 PLANNING AREA 23: MULTI-FAMILY RESIDENTIAL PESCRIPTION: This 18.3 acre planning area is located near the center of the Master Plan on the north side of Alga Road. DEVELOPMENT STANDARDS: PD All development in Planning Area 23 shall conform to the development standards of the Planned Development Ordinance (Carlsbad Municipal Code, Chapter 21.45.090) unless otherwise noted in this Chapter. USE ALLOCATION: Maximum of 142 multi-family residential units (7.7 DU/AC). Private recreation facilities shall be required in conjunction with the residential units. A 2-acre community recreation vehicle storage facility. PERMITTED USES: Multi-family residential housing. Recreational facilities. SITE DEVELOPMENT STANDARDS: He iuht : The maximum height in this planning area is 35 feet as determined by Section 21.04.065 of the Carlsbad Municipal Code. A minimum of 30 percent of all structures shall not exceed a height of 24 feet. Where three story structures are proposed, adequate structural relief and roofline variation shall be incorporated into the structures to reduce the mass. pet ac sL Minimum setback along Alga Road for structures shall be 50 feet. The minimum setback from the public utility easement shall be 30 feet. The minimum front yard setback shall be 20 feet measured from the property line for buildings and 20 feet measured from property line for open parking or garages. A minimum building separation of 20 feet shall be maintained. kinu : Parking shall conform to the standards of Chapter 21.44 of the Carlsbad Municipal Code. .SPECIAL DESIGN CRITERIA: Desian L All community-wide design standards described in Section A of Chapter IV shall be embodied in the architecture of this planning area. The following specific guidelines shall also be included for this planning area : * The architecture of all buildings in this planning area shall be compatible with that of the hotel. 159 .A e e * Outdoor courtyards, patios and plazas shall be included. * A through public street shall be provided from Alga Road through PA 23 to the area north of PA 23. * The site layout for this Planning Area shall be coordinated to ensure compatibility with adjacent planning areas. * Strong architectural relief features shall be incorporated into all structures visible from Alga Road. mtrv Treatment: A neighborhood entry may be located along each side of Black Rail Road. Fencina: If required as a result of a noise study, a noise attenuation structure, earthen berm, or combination of the two shall be required along Alga Road. The noise study shall be conducted prior to submittal of a Site Development Plan. JjandscaPe : All community-wide landscape standards described in Section A, Community Design Elements of Chapter IV shall be incorporated into this planning area. In addition, the following specific landscape concepts shall be included in the development of this planning area. * The recreation vehicle storage facility shall be screened by a combination of fences and landscaping on all sides of the facility. * A fire suppression zone subject to the approval of the Planning Director and Fire Marshal shall be established between native 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 approval of the Planning Director. * All setbacks shall be heavily landscaped. * Landscaping shall be incorporated to screen all dwelling units from Alga Road and the golf course. * The dominant unifying landscape elements for this planning area shall be preselected street trees. Common landscape areas and slopes shall be planted prior to homeowner occupation. Individual homeowner landscapes shall vary. * Views to and from the golf course and lagoon should be preserved. Qwen SDace: The manufactured slopes of this planning area shall be maintained as open space by the community open space maintenance district. 161 .> e 0 Gradigq; 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 analysis/biological resource map during Site Development Plan review. 162