HomeMy WebLinkAbout1999-03-17; Planning Commission; Resolution 4470.f II
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PLANNING COMMISSION RESOLUTION NO. 4470
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A MASTER PLAN AMENDMENT TO
REVISE USE ALLOCATION AND DEVELOPMENT
STANDARDS FOR AVIAFL4 PLANNING AREA 23 ON
PROPERTY GENERALLY LOCATED ON THE NORTHEAST
CORNER OF AVIARA PARKWAY AND BLACK RAIL
COURT TN LOCAL FACILITIES MANAGEMENT ZONE 19.
CASE NO: MP 177(X)
WHEREAS, Brehm - Aviara Development Associates, L.P, “Develc
CASE NAME: CIUSTALLA - AVIAFL4 PA 23
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filed a verified application with the City of Carlsbad regarding property owned by
Aviara Development Associates, L.P, “Owner”, described as
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Lots 138 and 139 of Carlsbad Tract No. 92-3, Aviara Phase 111,
Unit 6, according to Map No. 13512, filed in the Office of the
County Recorder on December 10, 1997, in the City of
Carlsbad, County of San Diego, State of California.
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19 Carlsbad Planning Department CRISTALLA - AVIARA PA 23 - MP 177(X) as prc
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Ma
Amendment as shown on Exhibit “2” dated March 17, 1999, attached hereto and on
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MP 177 and its amendments and Chapter 21.38 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of Febru:
and on the 17th day of March, 1999, consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all
and arguments, if any, of all persons desiring to be heard, said Commission considered
relating to the Master Plan Amendment.
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described and conditioned in Planning Commission Resolution No. 2594 and Citj 28
WHEREAS, on December 22, 1987, the City Council approved, MI
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Ordinance No. 9839; and amended most recently by MP 177(AA) on December 1,
described in City Council Ordinance No. NS 463.
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
177(X) based on the following findings and subject to the following con(
RECOMMENDS APPROVAL of CRISTALLA - AVIARA PA :
FindinFs:
1. That the proposed development as described by Master Plan Amendment :
consistent with the provisions of the General Plan and applicable specific plar
the proposed density is within the Residential Medium Density land use des
all necessary public facilities and fire safety appurtenances will be
concurrent with need, all surrounding open space will be preser
proportionate share of affordable housing is being provided in the Vi1
apartments, and all exterior noise levels will be reduced to 65 dBA CNEL 01
2. That all necessary public facilities can be provided concurrent with need and
provisions have been provided to implement those portions of the Capital Imp
Program applicable to the subject property, in that all of the facilities necl
support the proposed 61 unit single family development are already in plac
be in place, prior to issuance of any building permits.
3. That the residential and open space portions of the community will con:
environment of sustained desirability and stability, and that it will be in harmor
provide compatible variety to the character of the surrounding area, and that
proposed for public facilities, such as schools, playgrounds and parks, are ad
serve the anticipated population and appear acceptable to the public authoritil
jurisdiction thereof, in that the development proposes no encroachment
surrounding open space and is conforming to the open space preservation
the Aviara Master Plan, as determined in the Aviara Phase I11 Master '
Map.
4. That the proposed commercial and industrial uses will be appropriate in area,
and overall design to the purpose intended, that the design and development are ~
create an environment of sustained desirability and stability, and that such de\
will meet performance standards established by Title 21, in that the propose
plan amendment does not alter or affect the visitor-serving commer
associated with the Aviara Resort.
PC RES0 NO. 4470 -2-
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5. That in the case of institutional, recreational, and other similar nonresidential L
development will be proposed, and surrounding areas are protected from an;
effects from such development, in that the closest recreational use to the s
Aviara golf course, which is separated from the project site by Aviara Park7
6. That the streets and thoroughfares proposed are suitable and adequate to
anticipated traffic thereon, in that a) the proposed development would create
dwelling units (a total of 61) than is allowed under the growth management
unit allowance for the subject property (142 units) and the surroundil
system was master-planned to accommodate the traffic generated by the ful
management dwelling unit allowance, and b) the principal street which sf
project is Black Rail Road, a collector street with a traffic capacity tha
between 1,200 and 10,000 Average Daily Trips and the project would gene.
an estimated 610 daily trips.
7. That any proposed commercial development can be justified economically at thc
proposed and will provide adequate commercial facilities of the types needec
location proposed, in that no commercial development is proposed with thi
plan amendment.
8. That the area surrounding the development is or can be planned and
coordination and substantial compatibility with the development, in that the
land use designations of the surrounding properties are residential and opt
similar and compatible with the project’s proposed residential and open sp
uses.
9. That appropriate measures are proposed to mitigate any adverse environmental i
noted in the adopted Environmental Impact Report for the project, in that all m
measures required by the EIR for the Aviara Master Plan (EIR 83-02(A))
EIR of the 1994 General Plan Update (MEIR 93-01) have been complete
incorporated into the project design.
10. The Planning Commission finds that the project, as conditioned herei
conformance with the Elements of the City’s General Plan, based on the followir
A. Land Use - The project is consistent with the City’s General Plan :
proposed density of 4.38 ddacre is within the density range of 4.0 to 8.(
specified for the site as indicated on the Land Use Element of the Gene
and is below the growth control point of 6.0
B. Circulation - All street improvements will be completed prior
concurrent with, development and are sized to accommodate 8
dwelling units than proposed.
PC RES0 NO. 4470 -3-
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C. Noise - The project includes noise walls to reduce the exterior noise
65 dBA CNEL or lower and will include mechanical ventilation
interior noise levels to be reduced to 45 dBA CNEL or lower.
D. Housing - The project, by providing a different product type, is ir
the mix of housing opportunities within the community and,
creation of units in the Villa Loma apartments, is satisfying its fa
provision of affordable housing.
E. Open Space and Conservation - The project proposes to maintain all
open space within the project site.
F. Public Safety - All weather access roads will be maintained th~
construction and all necessary water mains, fire hydrants and appur
with be in place prior to building occupancy.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all cc
and modifications to the Master Plan document(s) necessary to make them i
consistent and in conformity with final action on the project. Development sh
substantially as shown in the approved Exhibits. Any proposed development
from this approval, shall require an amendment to this approval.
2. Approval of MP 177(X) is granted subject to the approval of LCPA 97-11, C
PUD 97-17 and CDP 97-51. MP 177(X) is subject to all conditions con1
Planning Commission Resolutions No. 4471, 4472,4473, and 4474 for LCP
CT 97-20, PUD 97-17 and CDP 97-51, respectively.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conver
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedexac
you protest them, you must follow the protest procedure set forth in Government Code
66020(a), and file the protest and any other required information with the City Mar
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure tc
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/e
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor F
zoning, grading or other similar application processing or service fees in connection I
PC RES0 NO. 4470 -4-
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project; NOR DOES IT APPLY to any fees/exactions of which you have previously b8
a NOTICE similar to this, or as to which the statute of limitations has previously
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 17th day of March, 19s
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heurt
Nielsen, Noble, Savary, and Welshons
NOES:
lo I1 ABSENT:
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ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
w- MICHAEL J. HOLZMRLER
Planning Director
PC RES0 NO. 4470 -5-
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0 0 Exhibit "Z"
dated February 3, I
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING THE AVIARA
MASTER PLAN AMENDMENT RELATIVE TO CRISTALLA -
PLANNING AREA 23 ON PROPERTY GENERALLY
LOCATED AT THE NORTHEAST CORNER OF BLACK RAIL
ROAD AND AVIARA PARKWAY IN LOCAL FACILITIES
MANAGEMENT ZONE 19.
CASE NAME: CRISTALLA - AVIARA PA 23
CASE NO.: MP 177(X)
WHEREAS, the City Council of the City of Carlsbad, California, has
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, most recently
177(AA) through City Council Ordinance No. NS-463 on December 1,1998; and
WHEREAS, after procedures in accordance with requirements of law,
Council has determined that the public interest indicates that said plan amendment be ap!
NOW, THEREFORE, the City Council of the City of Carlsbad, Califon
ordain as follows:
SECTION I: That the Aviara Master Plan MP 177 as amended to date i
amended by the Master Plan Amendment relative to Cristalla - Planning Area 23, MP
dated February 3, 1999, attached hereto and incorporated by this reference. The Master
amended, constitutes the zoning for this property and all development of the prope
conform to the plan.
SECTION 11: That the findings and conditions of the Planning Comm:
Planning Commission Resolution No. 4470 shall also constitute the findings and cond
the City Council.
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EFFECTIVE DATE: This ordinance shall be effective thirty days
adoption, and the City Clerk shall certify to the adoption of this ordinance and caus
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 Ci&’s Coastal Zone until approved by the California Coastal Comm
INTRODUCED AND FIRST READ at a regular meeting of the Carl5
Council on the day of 1999, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of th
Carlsbad on the day of 1999, 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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PLANNING AREA 23: SINGLE-FAMILY RESIDENTIAL
DESCRIPTION:
This 18.3 acre planning area is located near the center of the Master
Plan on the north side of Alga Road.
DEVELOPMENT STAND>-RDS: 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 61 detached single family residential units (3.3 DTJ/AC).
Private recreation facilities shall be required in conjunction with the
residential units. A 2-acre community recreation vehicle storage
facility.
PERMITTED USES:
Single-family airspace condominium residential housing.
Recreational facilities.
SITE DEVELOPMENT STANDARDS:
Heiaht :
The maximum height in this planning area is 30 feet as determined by
Section 21.04.065 of the Carlsbad Municipal Code.
Setbacks :
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 for street-facing garages
and 10 feet for habitable spaces and side-loaded garages, all measured
from the back of sidewalk, or in the case of no sidewalk, the back of
the curb. Setback compliance with the intent of City Council Policy No.
44 regarding small lot single family projects is required.
Parkina :
Parking shall conform to the standards of Chapter 21.44 of the Carlsbad
Municipal Code.
SPECIAL DESIGN CRITERIA:
Desian :
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.
* 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.
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* Strong architectural relief features shall be incorporated
into all structures visible from Alga Road.
Entrv Treatment:
A neighborhood entry may be located along each side of Black Rail Road.
Fenc ina :
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.
Landscalse:
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. This screening shall be the responsibility of the
Master HOA.
* 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 except as
constrained by Coastal Commission requirements.
* Landscaping shall be incorporated to screen all dwelling
units from Alga Road and the golf course, while preserving views
from the units to the extent possible.
* 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.
ODen SDace:
The manufactured slopes of this planning area shall be maintained as
open space by the community open space maintenance district.
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Trails :
a portion of the community trail linking Alga Road and Poinsettia Lane
is located along the easterly edge of the site. Construction of this
trail shall be a condition of development €or this planning area.
Revision to the trail alignment in this segment may occur, in
consultation with the Dept. of Fish and Game and U.S. Fish and Wildlife
Service, to extend south to a connection with Alga Road and avoid
environmentally sensitive habitat areas.
Gradinu :
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.
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