HomeMy WebLinkAbout1998-12-16; Planning Commission; Resolution 4437’r
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PLANNING COMMISSION RESOLUTION NO. 4437
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A MASTER PLAN AMENDMENT TO
REVISE DEVELOPMENT STANDARDS TO CONSTRUCT A
90 UNIT AIRSPACE CONDOMINIUM PROJECT ON
PROPERTY LOCATED AT THE NORTHEAST CORNER OF
AMBROSIA LANE AND POINSETTIA LANE IN LOCAL
FACILITIES MANAGEMENT ZONE 19
CASE NAME: BRTNDISI
CASE NO: MP - 177(W) .,
WHEREAS, Brehm-Aviara I11 Development Associates, L.P., “De
has filed a verified application with the City of Carlsbad regarding property owned by,
Aviara I11 Development Associates, L.P., “Owner”, described as
Lots 3 and 4 of City of Carlsbad Tract 92-3, Aviara Phase I11 Unit
No. 1, in the City of Carlsbad, County of San Diego, State of
California, according to map thereof No. 13434, filed in the office
of the County Recorder of San Diego County, on June 23,1997
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Ma!
Amendment, shown on Exhibit “X” dated December 16, 1998 attached hereto, BR
MP 177(W), as provided by MP 177 and its amendments and Chapter 21.38 of the 1
Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th day of Decemb
consider said request; and
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I WHEREAS, at said public hearing, upon hearing and considering all tc
and arguments, if any, of all persons desiring to be heard, said Commission considered a1
relating to the Master Plan Amendment.
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WHEREAS, on December 22, 1987, the City Council approved, M
described in City Council Ordinance No. 9839; and amended MP 177 most recently 01
1998 as described and conditioned in City Council Ordinance No. NS-453.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
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 Co
RECOMMENDS APPROVAL of BRINDISI, MP 177 (W), base
following findings and subject to the following conditions:
Findings:
1. That the proposed development as described by Master Plan 177 (W) is consistent
provisions of the General Plan and the Aviara Master Plan, in that:
A. Density of the proposed project at 90 units is below the maximum d
109 units allowed for the site by Master Plan 177;
B. Necessary circulation element roadway improvements including P
Lane and Ambrosia Lane have been provided;
C. Native vegetation and wetland areas have already been protected;
D. Public trails have been constructed;
E. Public facilities and services have been provided or will be I
concurrent with development;
F. Affordable housing requirements have been met through constructic
Villa Loma project; and
G. All development standards revisions are consistent with the inten
master plan and compatible with surrounding development.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all co
and modifications to the Master Plan documents necessary to make them i:
consistent and in conformity with final action on the project. Development sh;
substantially as shown on Exhibit X attached hereto. Any proposed dew
different from this approval, shall require an amendment to this approval.
~ PC RES0 NO. 4437 -2-
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2. Approval of MP 177(W) is granted subject to the approval of LCPA 97-10, (
CP 98-10, and CDP 97-46. MP 177(W) is subject to all conditions con
Planning Commission Resolution Nos. 4435, 4441, 4438, 4439, the 1
Negative Declaration and Mitigation Monitoring and Reporting Program, j
97-10, CT 97-17, CP 98-10, and CDP 97-46 respectively.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for convc
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exa
you protest them, you must follow the protest procedure set forth in Government Cod
66020(a), and file the protest and any other required information with the City Ma
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure
follow that procedure will bar any subsequent legal action to attack, review, set aside
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor
zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any feedexactions of which you have previously bee:
NOTICE similar to this, or as to which the statute of limitations has previously (
expired.
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PC RES0 NO. 4437 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 16th day of December 19
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, :
Nielsen, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Planning Director
PC RES0 NO. 4437 -4-
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e 0 EXHIBIT “
December
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA ADOPTING AN AVIARA
MASTER PLAN AMENDMENT RELATIVE TO BRINDISI,
PLANNING AREA 19 TO CREATE 90 AIRSPACE
CONDOMINIUM UNITS ON PROPERTY GENERALLY
LOCATED AT THE NORTHEAST CORNER OF POINSETTIA
LANE AND AMBROSIA LANE IN LOCAL FACILITIES
MANAGEMENT ZONE 19.
CASE NAME: BRINDISI
CASE NO.: MP 177CW)
The City Council of the City of Carlsbad, California, does ordain as folloj
WHEREAS, the City Council of the City of Carlsbad, California has 1
and considered a Master Plan Amendment for future development of the site; and
WHEREAS, the Aviara Master Plan was adopted by City Council Ordin:
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 twt
times since original adoption, most recently for MP 177(Z) through City Council Ordina
453 on July 28,1998; and
WHEREAS, after procedures in accordance with requirements of law, 1
Council has determined that the public interest indicates that said plan amendment be app
NOW, THEREFORE, the City Council of the City of Carlsbad does o
follows:
SECTION I: That the Aviara Master Plan MP 177 as amended to date is
amended by the Master Plan Amendment relative to Brindisi Planning Area 19, MP :
Exhibit “Y” dated December 16, 1998, attached hereto and incorporated by reference hl
approved. The Master Plan Amendment shall constitute the zoning for this property
development of the property shall conform to the plan.
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SECTION 11: That the findings and conditions of the Planning Comn
Planning Commission Resolution No. 4437 shall also constitute the findings and con1
the City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days
adoption, and the City Clerk shall certify to the adoption of this ordinance and caust
published at least once in a publication of general circulation in the City of Carlsb:
fifteen days after its adoption. (Not withstanding the preceding, this ordinance sha,
effective within the City’s Coastal Zone until approved by the California Coastal Comrnl
INTRODUCED AND FIRST READ at a regular meeting of the Carls
Council on the day of 1996, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of th(
Carlsbad on the day of 1996, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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Exhibit “Y”
December 16, 1998
Aviara Master Plan
Amendment 177 (W)
The Aviara Master Plan (MP 177), most recently amended by MP 177(Z) througl
City Council Ordinance NS-453 on July 28, 1998, is again amended by tht
substitution of the following replacement pages for Planning Area 19.
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PLANNING AREA 19: MULTI FAMILY RESIDENTIAL
PESCRIPTION:
This 4r3 8.16 acre planning area includes multi-family attached
residential units. The neighborhood is located on the northerly side of
Poinsettia Lane along the easterly boundary of the Master Plan area.
Pacific Rim Park of Planning Area 32 is adjacent to the west and north sic
of the planning area.
DEVFITVOPMENT STANDARDS : PQ
All development in Planning Area 19 shall conform to the development
standards of the PD Ordinance (Carlsbad Municipal Code, Chapter 21.45.090
unless otherwise stated in this chapter.
USE ALLOCATION:
109 multi-family residential units are allowed by the Growth Management
Control Point (11.7 DU/AC) . 90 units are permitted to be
constructed within Planning Area 19. Private recreation facilities
are required in conjunction with the residential units.
PERMITTED USES:
Multi-family residential housing
Recreational facilities.
SITE DEVELOPMENT STANDARDS:
Heiaht :
The maximum height in this planning area shall not exceed 3-5 30 feet. All
heights shall be determined per Section 21.04.065 of the Carlsbad Municipa
Code. 2 2C fcct i,, bclgltl,t ;;;tk;n 53 fc,-t ;f tLAL
park. Tat lacs- All of the structures in this Planning Area shall be
no more than two stories in height. Wkez thrzc st*-- st;urstu-
..
Setbacks :
The minimum setback from the Poinsettia Lane right-of-way shall be 38 40
feet for structures and - open parking. All open parking shall
be fully screened from Poinsettia Lane. The minimum front yard setback
along - Ambrosia Lane shall be 20 feet for structures and 15
feet for open parking. No direct garage access shall be taken from %P
S+x=ee+ Ambrosia Lane. Frontyard setbacks along the internal street
are established as follows: 49% of the structure immediately
adjacent to the street must maintain a minimum 20-foot front
yard setback; the remaining 51% of the structure immediately
adjacent to the street may have a 10-foot front yard setback if
the garage is sideloaded per Exhibit V-20-A, dated 9/28/98. Thc
setback off the courtyard driveway shall be a minimum 5-feet,
also as demonstrated on Exhibit V-20-A. Garage court designs
shall maintain a minimum 36-foot garage door to garage door
separation. A minimum distance of 34 feet from livable space tc
livable space shall be maintained. fraa ztkr street; ;LA d:ri-
€&$e. The minimum setback along the easterly planning area boundary shall
be 58 15 feet from the top of slope for structures and -
open parking. The minimum setback from the park shall be 30 feet. All
undeveloped areas adjacent to the park shall be landscaped and well
maintained. All open parking shall be screened from the park site and
Poinsettia Lane. The minimum building separation shall be 20 feet.
.. SLCiLL LC lii - -w*Ltk z"&;"** 21 nc 348fs;: =5 tp . Ad.
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Legend
pARK aTE
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II-m"I"m1
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Key Map
%I Entry Treatment ~~3 Walmencing 1/1 Trail
@ Scenic Point fl view Orientation
Q lbT..h
\i \- \y -A .\ ' (
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"g hjit- [ ;G +
Design Criteria - Planning Area .I9 Exhibit V
144 Amended 8,
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Parkina :
Parking shall conform to the standards of Chapter 21.44 of the Carlsbad
Municipal Code.
SPECIAT, DESIGN CRITERIA:
Des lun :
All community-wide design standards described in Section A of Chapter IV
shall be embodied in the architecture of this planning area. The followii
specific guidelines shall also be included for this planning area:
*
* Curvilinear streets shall be combined with varied building
setbacks to strengthen the mediterranean hilltown appearance c
the planning area.
* Strong architectural relief features shall be incorporated int
all structures visible from Poinsettia Lane and the adjacent
parkland.
* Outdoor courtyards, patios, decks and plazas shall be
included.
* Special attention shall be given to incorporate the adjacent
park areas as an amenity to the neighborhood.
Entry Treatment:
A major entry way shall be located at the intersection of Wttia
Ambrosia Lane and - the private internal street.
Fenclna:
Traffic noise along Poinsettia Lane shall be attenuated if required throuc
the incorporation of a solid masonry or view-thru noise wall, earthen
berm or combination of the two. Att epe~ solid fence or wall shall be
located along the planning area boundary adjacent to the park site. A
decorative solid fence or view-thru wall shall be located along the
easterly planning area boundary.
LandscaDe:
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:
* 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.
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* Landscaping and berming shall be required to screen all
structures and open parking from Poinsettia Lane, the adjacen
park to the north and the adjacent property to the east.
* Existing trees identified during Master Tentative Map review
shall be preserved.
* A fire suppression zone subject to the approval of the Plannil
Director and Fire Marshall shall be established between
native/naturalized areas and structures. The fire suppressio~
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.
”
Street Trees :
The dominant street tree along Poinsettia Lane shall be London Plane Tree
(Platanus acerifolius) and the support tree shall be the Southern Magnolii
(Magnolia grandiflora) or an alternate selected by the developer.
Ooen SDace:
Manufactured slope areas shall be maintained by the cornunity open space
district.
Gradina :
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 Tentative Map
review.
146
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I* P- UNIT OWER MAINTENANCE e RESPONSIBILITY AREA (TYP.)
LEGEND : L HOMEOHNER ASSOCIA nON MAINTENANCE RESPONSl6lLITY FENCE LINE - AREA (TYP.) NOTE: THERE ARE NO INOIWOUAL LC
UNIT 0 WER MAINTENANCE TI SEPARATING HOUSES; THE UNITS WLl RESPONSIBILITY AREA AIR SPACE CONDOS.
HOME0 WER ASSOCIA llON Fj
AREA
MAINTENANCE REspONSlBjLl Ty ::::x!.'::,'. CLUSTER AREA WLL SURFACE DRAIA
AL TERNA nvE AREA DRAINS.
DESIGN CRERIA - PLANNNGAREA 19 MAINENANCE RESPONSlBlLl7Y
TYPICAL CLUSTER PLAN - 6 UNITS MAX E V- 9
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TRELLIS/PATIO COVER DESIGN GUIDELINES
The following are Design Guidelines/Standards for trellis and patio
covers within Brindisi (PA 19) a part of Aviaria 111. The purpose of
the Design Guidelines is to permit the construction of Trellis and patio
covers that are aesthetically pleasing and unobtrusive.
BASIC REQUIREMENTS:
1. All trellis and patio covers shall comply with the requirements of
2. Prior to the issuance of a building permit for trellis or patio
the Uniform Building Code.
covers, proof should be shown that the trellis/patio cover has been
approved by the Homeowners' Association. Approval by the Homeowner's
discretionary as outlined in the CC&R's (HOA letter and/or HOA stamp
on plans) .
3. A trellis/patio cover must be of color and design that is compatible
with the dwelling unit.
4. Roofing materials for a patio cover must be the same or near the same
style and color as the dwelling unit.
5. A trellis/patio cover must maintain all setback requirements as
specified in the Aviaria Architectural Guidelines, Planned
Development Ordinance or the Trellis/Patio Cover Design Guidelines;
which ever is the most restrictive.
identified as allowing for trellis/patio covers per the trellis/patio
cover exhibit.
7. Trellis/patio cover located on lots adjacent to permanent open space
must be constructed of materials approved by the Fire Department.
6. Trellis/patio covers are permitted only on the units specifically
SPECIFIC DEVELOPMENT STANDARDS:
1. A trellis/patio cover which meets the definition of "building" per
Section 31.04.060 ( has a roof and enclosed on all sides) must
maintain a minimum distance of 10 feet from any adjoining dwelling
unit or other trellis/patio cover post. A maximum of 2 feet overhang
is allowed past the post.
2. A trellis/patio cover must maintain a minimum of 5 feet from a fence,
sound wall or community wall.
3. A trellis/patio cover must maintain a minimum of 10 feet from the
back of any sidewalk or private driveway.
4. No trellis/patio cover post or overhang may be located outside the
identified coverage area.
5. A trellis/patio cover cannot be greater in height than 12 feet.
6. A trellis/patio cover cannot be greater in depth than 10 feet.
7. A trellis/patio cover cannot be greater than 16 feet in length, as
measured from the outside of post to outside of post. A maximum of 2
feet overhang is allowed past the post.