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Home My WebLink About1999-03-17; Planning Commission; Resolution 4473* f 0 0 I 11 PLANNING COMMISSION RESOLUTION NO. 4473 2 3 4 5 6 7 8 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF’ CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF PLANNED UNIT DEVELOPMENT PERMIT PUD 97-17 TO ALLOW THE SUBDIVISION AND CONSTRUCTION OF A 61 UNIT SINGLE-FAMILY AIR- SPACE CONDOMINIUM DEVELOPMENT ON PROPERTY GENERALLYLOCATEDONTHENORTHEASTCORNEROF AVIARA PARKWAY AND BLACK RAIL ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: CRISTALLA - AVIARA PA 23 CASE NO.: PUD 97-17 9 WHEREAS, Brehm - Aviara Development Associates, L.P., “Develc lo filed a verified application with the City of Carlsbad regarding property owned by 11 12 13 14 Aviara Development Associates, L.P., “Owner”, described as 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. 15 16 WHEREAS, said verified application constitutes a request for a Plan 17 18 Development Permit as shown on Exhibits “A” - “W” dated March 17 1999, on fi 19 2 1.45 of the Carlsbad Municipal Code; and 20 Planning Department, CRISTALLA - AVIARA PA 23 - PUD 97-17 as provided by (“the Property”); and 21 WHEREAS, the Planning Commission did, on the 17th day of Februa 22 23 24 and on the 17th day of March, 1999, hold a duly noticed public hearing as prescribed t consider said request; and 25 (I WHEREAS, at said public hearing, upon hearing and considerini 26 27 considered all factors relating to the Planned Unit Development Permit testimony and arguments, if any, of persons desiring to be heard, said Commi: 28 I1 I a e 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 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 COI 17, based on the following findings and subject to the following conditio RECOMMENDS APPROVAL of CRISTALLA - AVIARA PA 23 - Findinys: 1. That the granting of this permit will not adversely affect and will be consis Chapter 21.45 of Title 21, the General Plan, applicable specific plans, master 1 all adopted plans of the City and other governmental agencies, in that the provides adequate guest parking and recreation areas, is proposed at a consistent with the Residential Medium (RM) designation, will provide all n infrastructure prior to or concurrent with development, and meets development standards and design criteria of the Aviara Master Plan (MP 1 2. That the proposed use at the particular location is necessary and desirable to 1 service or facility which will contribute to the long-term general well-bein neighborhood and the community, in that the proposed single-family, : condominiums contribute to the variety of housing opportunities in the Master Plan and the reduction in total unit yield will lessen impacts to cir and other facilities. 3. That such use will not be detrimental to the health, safety, or general welfare 0. residing or working in the vicinity, or injurious to property or improvemen vicinity, in that the project is designed to all City of Carlsbad Standards, is t at a lower density than allowed, and only involves single-family residen compatible with the surrounding residential and open space uses. 4. That the proposed Planned Development meets all of the minimum dew standards set forth in Chapter 21.45.090, the design criteria set forth in Section 21 and has been designed in accordance with the concepts contained in the Guidelines Manual, in that the street width, recreation areas, recreation storage, and individual unit storage spaces meet the requirements of the Development Ordinance. 5. That the proposed project is designed to be sensitive to and blend in with thc topography of the site, and maintains and enhances significant natural resource site, in that the proposed site is actually lowered with respect to the existin1 lessening the prominence of the development and causing a less pro1 elevation difference between Aviara Parkway and the future developmer along Black Rail Road to the north. PC RES0 NO. 4473 -2- -,’ 0 0 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 6. That the proposed project’s design and density of the developed portion of 1 compatible with surrounding development and does not create a dishannc disruptive element to the neighborhood, in that the actual unit yield of 61 u dwelling units less than allowed for the project site and the single-famil allows for pocket parks and adequate building separation. 7. That the project’s circulation system is designed to be efficient and well integ the project and does not dominate the project, in that the proposed private stre1 offers safe and adequate access to each unit and provides for adequate turl areas within the development and at the entry gates. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all cc and modifications to the Planned Unit Development document(s), necessary them internally consistent and in conformity with final action on the Development shall occur substantially as shown in the approved Exhibits. Any development different from this approval, shall require an amendment to this apy 2. Approval of PUD 97-17 is granted subject to the approval of MP 177(X), LCP CT 97-20 and CDP 97-51. PUD 97-17 is subject to all conditions coni Planning Commission Resolutions No. 4470, 4471, 4472 and 4474 for MP LCPA 97-11, CT 97-20 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 conveI “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exac you protest them, you must follow the protest procedure set forth in Government Codc 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 tl 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 T project; NOR DOES IT APPLY to any feedexactions of which you have previously be a NOTICE similar to this, or as to which the statute of limitations has previously 01 expired. ... PC RES0 NO. 4473 -3 - 0 a I /I PASSED, APPROVED AND ADOPTED at a regular meeting of the 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 Commission of the City of Carlsbad, California, held on the 17th day of March, 195 ~ following vote, to wit: AYES: Chairperson Heineman, Commissioners Compas, L’Heurc Nielsen, Noble, Savary, and Welshons NOES: ABSENT: COURTNEY E. HEINEMAN, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: v MICHAEL J. HOLZ~~LER Planning Director PC RES0 NO. 4473 -4-