HomeMy WebLinkAbout1991-03-19; City Council; Resolution 91-83-w
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RESOLUTION NO. 91-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A MITIGATED NEGATIVE DECLARATION, TENTATIVE SUBDIVISION MAP (CT 90-5), AND CONDOMINIUM PERMIT (CP 90-
2) FOR A 145 LOT CONDOMINIUM PROJECT ON 27.2
ACRES OF LAND GENERALLY LOCATED AT THE
NORTHWEST CORNER OF THE INTERSECTION OF ALGA
ROAD AND AMBROSIA LANE.
APPLICANT: AVIARA PLANING AREA 7
CASE NO: CT 90-5/CP 90-2
WHEREAS, on January 16, 1991 the Carlsbad Pla
Commission held a duly noticed public hearing to consic
proposed Mitigated Negative Declaration, Tentative Subdivisic
CT 90-5, Condominium Permit CP 90-2 for a 145 lot condom
project and adopted Resolutions Nos. 3139, 3140 and
respectively, recommending to the City Council that the Miti
Negative Declaration, Tentative Subdivision Map CT 90-5,
Condominium Permit CP 90-2 be approved; and
WHEREAS, the City Council of the City of Carlsbai
March 5, 1991 held a public hearing to consider the recomrnenda
and heard all persons interested in or opposed to CT 90-5/CP
and
WHEREAS, a Mitigated Negative Declaration was issu
August 30, 1990 and submitted to the State Clearinghouse for
day review period. All comments received from that review p
are fully incorporated into the conditions of approval fo
tentative map and other project approvals. These conditions
be reviewed through a monitoring program set up for the proj
NOW, THEREFORE, BE IT RESOLVED by the City Council of thc
of Carlsbad, California, as follows:
1. That the above recitations are true and correc
2. That the mitigated negative declaration on the
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referenced project is approved and that the findings and condj
of the Planning Commission contained in Resolution No. 3139 n
Exhibit A attached hereto are the findings and conditions c
City Council.
3. That the tentative subdivision map of this pr
(CT 90-5) is approved and that the findings and conditions c
Planning Commission contained in Resolution No. 3140 marked E:
B and attached hereto are the findings and conditions of thf
Council with the exception of condition number 19 which is ar
by the addition of:
"The City Council may approve an alternative lanc
plan with the final map when the water regulations applical: that time prevent implementation of the approved plans. applicant shall provide a secured agreement with the alternatc to install the landscaping required by the approved plan whc City Council determines water is available.It
That the condominium permit CT 90-2 is approve
that the findings and conditions of the Planning Comm:
contained in Resolution No. 3141 marked Exhibit C and at1
hereto are the findings and conditions of the City Council.
4.
PASSED, APPROVED AND ADOPTED at a Regular Meeting (
19th day of 2 City Council of the City of Carlsbad on the
1991, by the following vote, to wit:
AYES:
NOES: None
ABSENT: None
Council Members Lewis, Kulchin, Larson, Nygaard and
ATTEST:
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PLANNING COMMISSION RESOLUTION NO. 3139
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA RECOMMENDING
APPROVAL OF A MITIGATED NEGATIVE DECLARATION
FOR A TENTATIVE TRACT MAP/CONDOMINIUM PERMIT
TO DEVELOP A 145 DWELLING UNIT CONDOMINIUM
PROJECT.
APPLICANT:
CASE NO.: CT 90-5/CP 90-2
AVIARA - PLANNING AREA 7
WHEREAS, the Planning Commission did on the 7th day of Novel
1990, and the 16th day of January, 1991, hold a duly noticed public hearii
prescribed by law to consider said request, and I
I I
WHEREAS, at said public hearing, upon hearing and considerir
testimony and arguments, examining the initial study, analyzing the inforr
submitted by staff, and considering any written comments received, the Pla
Commission considered all factors relating to the Mitigated Negative Declaration.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Comm
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as follows:
, A) That the foregoing recitations are true and correct.
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subject to the following condition: I
I Findings:
1. The initial study shows that there is no substantial evidence that the projec
have a significant impact on the environment.
The site has been previously graded pursuant to an earlier environmental an(
The streets are adequate in size to handle traffic generated by the pro
project.
2.
3.
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4. There are no sensitive resources located onsite or located so as to be signific
impacted by this project.
Condl'tions:
1. Prior to the occupancy of any of the dwelling units, the project applicant
construct a 5.5 to 8.5 foot tall noise barrier (combination wall and berm) bet
buildings 11, 12, 21, 22, 42 and 43 and Alga Road, consistent witl
recommendations of the Acoustical Study for Planning Area 7 (Mestre C
1990). The wall portion of this barrier shall not be permitted to exceed si
in height. Prior to the occupancy of all units in buildings 11,12,21,22,4
43, the project applicant shall incorporate all required traffic noise mitig
measures (i.e. mechanical ventilation) into these units as described i
Acoustical Analysis for Phmhg Area 7.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Pla
Commission of the City of Carlsbad, California, held on the 16th day of January,
by the following vote, to wit:
AYES: Chairperson Holmes, Commissioners: Schlehuber, Sch
McFadden and Hall. I
NOES: Commissioner Erwin.
ABSENT: Cornmissioner Marcus.
ABSTAIN: None. 7
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I CARLSBAD PLANNING COMMISSION
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PLANNING DIRECTOR
PC RES0 NO. 3139 -2- 27
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MITIGATED NEGATlVE DECLARATION
PROJECT ADDRESS/LOCATION: The 27.2 acre site is located at the northwest comer of
the intersection of Alga Road and Ambrosia Lane.
PROJECT DESCRIPTION: Tentative Tract Map and Condominium Permit to develop 150
condominium units over a 27.2 acre sire.
The City of Carlsbad has conducted an environmental review of the above described project
pursuant to the Guidelines for Implementation of the California Environmental Quality Act
and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said
review, a Mitigated Negative Declaration (declaration that the project will not have a
significant impact on the environment) is hereby issued for the subject project.
Justification for this action is on file in the Planning Department.
A copy of the Mitigated Negative Declaration with supportive documents is on file in the
Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from
the public are invited. Please submit comments in writing to the Planning Department
within 30 days of date of issuance.
DATED: AUGUST 22, 1990
CASE NO: CT 90-5/CP 90-2 Planning Director
APPLICANT: AVlARA PLANNING AREA 7
PUBLISH DATE: AUGUST 30, 1990
CD:h
2075 Las Palmas Drive 0 Carlsbad. California 92009-4859 0 (619) 438-1 16
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ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO. CT 90-S/CP 90-2
DATE: AUGUST 17, 1990
XKGROUND
1. CASE NAME: AVIARA - PLANNING AREA 7
2. APPLICANT: Lyon Communities
3. ADDRESS AND PHONE NUMBER OF APPLICANT: 4330 La Jolla Wane Drive, Suite
San Dieao. CA 92122
(619)546-1200
4. DATE EIA FORM PART I SUBMITTED: Febmarv 20. 1990
5. PROJECT DESCRIPTION: Tentative Tract Map and Condominium Permit to develc
condominium units at the northwest comer of the intersection of Alna Road and Ambrosi
WRONMENTAL IMPACTS
fATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City cond
nvironmental Impact Assessment to determine if a project may have a significant effect on the enviro:
ne Environmental Impact Assessment appears in the following pages in the form of a checklist. This ck
entifies any physical, biological and human factors that might be impacted by the proposed proje
Iovides the City with information to use as the basis for deciding whether to prepare an Environ
xpact Repon or Negative Declaration.
A Negative Declaration may be prepared if the City perceives no substantial evidence that the prc
any of its aspects may cause a significant effect on the environment. On the checklist, "NO will be c:
to indicate this determination.
An EIR must be prepared if the City determines that there is substantial evidence that any aspect
project may cause a siznificant effect on the environment. The project may qualify for a Nr
Declaration however, if adverse impacts are mitigated so that environmental effects can be d
insimificant. These findings are shown in the checklist under the headings 'YES-sig" and 'YES
respectively.
discussion of potential impacts and the proposed mitigation measures appears at the end of the form
ISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to disc
Jtigation for impacts which would otherwise be determined significant.
e CI
PHYSICAL ENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: as E!$ NO
1. Result in unstable earth conditions or increase the exposure of people or property to geologic hazards? - x
unique physical features? -
Result in or be affected by erosion of soils
either on or off the site?
Result in changes in the deposition of beach
sands, or modification of the channel of a
river or stream or the bed of the ocean or
-
2. Appreciably change the topography or any X - -
3.
4.
X - - -
X any bay, inlet or lake? - - -
ambient air quality? . - - X -
movement, odor, moisture, or temperature?
water (marine, fresh or flood waters)?
water, ground water or public water supply?
depletion of any natural resources?
5. Result in substantial adverse effects on
6. Result in substantial changes in air X - - -
7. Substantially change the course or flow of X - - -
8. Affect the quantity or quality of surface X - - -
9. Substantially increase usage or cause X
X
- - -
- - 10. Use substantial amounts of fuel or energy? -
11. Alter a significant archeological,
paleontological or historical site,
structure or object? - - x
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BIOLOGICAL ENVIRONMENT
YES NO ES (=L)
ILL THE PROPOSAL DIRECTLY OR INDIRECTLY:
2. Affect the diversity of species, habitat
or numbers of any species of plants (including
trees, shrubs, grass, microflora and aquatic
X - - plants)? -
3. Introduce new species of plants into an area,
or a banier to the normal replenishment of
existing species?
Reduce the amount of acreage of any
agricultural crop or affect prime, unique
or other farmland of state or local
X - - -
1.
X - - importance? -
5. Affect the diversity of species, habitat
or numbers of any species of animals (birds,
land animals, all water dwelling organisms
and insects?
Introduce new species of animals into an
area, or result in a barrier to the
migration or movement of animals?
X - - -
6.
X - - -
HUMAN ENVIRONMENT
YES NO gs (UrClgl
JILL THE PROPOSAL DIRECTLY OR INDIRECTLY:
7. Alter the present or planned land use
of an area? X - - -
8. Substantially affect public utilities,
schools, police, fire, emergency or other
public services?
Result in the need for new or modified sewer
systems, solid waste or hazardous waste
X - - -
9.
X control systems? - - -
- X 0. Increase existing noise levels? -
1. Produce new light or glare? - - - X
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HUMAN ENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO
(%) hi%)
22. Involve a significant risk of an explosion
or the release of hazardous substances
(including, but not limited to, oil,
pesticides, chemicals or radiation)? - - x
Substantially alter the density of the
human population of an area? - - x
Affect existing housing, or create a demand
for additional housing? - x
25. Generate substantial additional traffic? - - -
create a large demand for new parking? - - -
23.
24.
X
26. Affect existing parking facilities, or
X
27. Impact existing transportation systems or
alter present patterns of circulation or - x
28. Alter waterborne, rail or air traffic? - - -
movement of people and/or goods? -
X
29. Increase traffic hazards to motor X vehicles, bicyclists or pedestrians? - - -
emergency evacuation plans? - - -
aesthetically offensive public view? - - -
existing recreational opportunities? - - -
30. Interfere with emergency response plans or
X
31. Obstruct any scenic vista or create an
X
32. Affect the quality or quantity of X
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MANDATORY FINDINGS OF SIGNIFICANCE
XES E? NO
3. Does the project have the potential
to substantially degrade the quality
of the environment, substantially
reduce the habitat of a fish or wild-
life species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or
animal community, reduce the number or
restrict the range of a rare or en-
dangered plant or animal, or eliminate
important examples of the major periods
X - - of California history or prehistory. -
4. Does the project have the potential
to achieve short-term, to the dis-
advantage of long-term, environmental
goals? (A short-term impact on the
environment is one which occurs in a
time while long-term impacts will
endure well into the future.)
Does the project have the possible
environmental effects which are in-
dividually limited but cumulatively
considerable? ("Cumulatively con-
siderable" means that the incremental
effects of an individual project are
considerable when viewed in connection
with the effects of past projects, the
effects of other current projects, and
relatively brief, definitive period of
X - - -
5.
X the effects of probable future projects.) - - -
Does the project have environmental
effects which will cause substantial
adverse effects on human beings,
either directly or indirectly? - - -
6.
X
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-- DISCUSSION OF ENVIRONMENTAL EVALUATION
This project is a 150 unit (multi-family) condominium project located at the northwest comer c
intersection of Alga Road and Ambrosia Lane. The project site is 27.2 acres in size and has been prevj
rough graded consistent with approved grading plans for CT 85-35. For this e&mmwntd analysis
conducted two field trips to the subject property and reviewed the Pacific Rim Country Club and Resort pv
Plan, EIR 83-2(A), which already covered this property. Portions of an open space corridor, running
to south along the western side of the project site are vegetated with Coastal Sage Scrub and are undeI
restriction to the California Coastal Commission. Aside from this open space corridor and a grove o
trees, also under a Coastal Deed Restriction and which are located within the center of the site, the remi
of the property has been rough graded and no sensitive environmental resources exist upon it. In thal
the proposed residential project is allowed by the underlying AViara Master Plan and General Plan, (2
surrounded by compatible existing or future land uses including; future multi-family PA-17 to the
approved yer unconstructed single family residential development (PA-8) to the south, a new Ca
Elementary School to the east and the Aviara Golf Course to the west, (3) the site has been previously
graded and, (4) the project will not encroach into the Coastal Deed Restricted Coastal Sage Habitat ar
groves located on site, no environmental impacts are anticipated. There were no public comments re
in response to the Notice for a Mitigated Negative Declaration.
PHYSICAL ENVIRONMENT
1. The project requires balanced grading totaling 33,000 cubic yards. The site has been previousl)
rough graded consistent with approved grading plans for CT 85-35. No unstable earth condition!
will be created as the grading plan is required to meet City Engineering Standards.
The topography of the previously graded site will not be significantly changed from its presen'
graded state.
Excluding the property to the east which is being developed with a Elementary School and th
property to the north which is ungraded, other properties surrounding the project site ar
currently in a graded but otherwise undeveloped state. The project will not result in or b
affected by erosion of soils as all necessary drainage and erosion control facilities have been o
will be provided to handle runoff from the site.
Impacts to Batiquitos Lagoon (i.e. erosion and runoff) will be adequately mitigated as discusse
in response to #3 above.
The project will have an incremental impact on air quality (as discussed in EIR 83-2(A)), in thz
it will generate 1,200 trips/day. However, this impact is not considered significant in itsel
Long term mitigation of region wide air quality impacts will require that dependence upon th
automobile be reduced regionally and statewide.
The project has a minimum 20 foot separation between the structures. This design will provic
for adequate air movement.
2.
3.
4.
5.
6.
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:SCUSSION OF ENVIRONMENTAL EVALUATION (CONTINUED): _.
The project will not change the course or flow of water as no streams are located in the
immediate area and drainage waters will be handled by existing and/or proposed
facilities.
Development of this project will create impehous surfaces onsite which would reduce
absorption rates and incrementally increase surface runoff and runoff velocities.
However, to accommodate this incremental runoff, drainage facilities will be incorporated
into the project to divert the runoff to a master storm drain, thereby mitigating this
concern.
Aside from the Coastal Sage Scrub habitat located along the western portion of the
property and an Oak grove located in the center of the site (which will be maintained in Open Space), no natural resources exist on this previously graded site.
J.
3. Implementation of this project will incrementally contribute to the depletion of fossil
fuels and other natural resources during construction and operation. This incremental
increase is not considered significant.
The site is currently disturbed and all identified archaeological, paleontological or
historical sites have been previously mitigated.
1.
IOLOGICAL ENVIRONMENT
2. Excluding the Coastal Sage Scrub habitat located with along the western portion of the
site and an Oak grove located in the center of the property which will be maintained in
open space) the balance of the site has been disturbed through grading activities. In
accordance, no significant biological resources will be impacted through project
development.
No significant impacts to the Coastal Sage Scrub habitat located along the western
portion of the site are anticipated in that the landscaping proposed adjacent to this area
will be compatible fire-retardant and non-invasive.
Implementation of the proposed project will not reduce the amount of acreage of any
agricultural crop or affect farmland of State or local importance.
Project fencing located between development areas and the deed restricted open space
to the west will mitigate impacts of domestic pets upon the wildlife in this open space
area.
in that the on site protected habitat area is linked to other undeveloped open space areas
within the Master Plan and because project fencing will help to deter domestic pet
intrusion into the protected habitat area, no impacts or barriers to the movement of
wildlife is anticipated to occur.
3.
4.
5.
6.
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Dt SCUSSION OF ENVIRONMENTAL EVALUATION (CONTINUED]:
HUMAN ENVIRONMENT
17. Development of this project will be consistent with the General Plan, Master Plan-177 and
the Mello I LCP. The proposed multi-family produt type is compatible with adjacent land
uses.
As discussed in the Zone 19 Local Facilities Management Plan, with the payment of all
required fees, all public facilities and services will be available to meet the demands of the
project.
19. See 18 above.
20.
18.
Construction of the project will not result in noise impacts upon surrounding residences
since the adjacent properties are undeveloped. Otherwise, the project is compatible with
surrounding future uses and will not create significant noise impacts. Alga Road, which is
located along the southern property boundary will create noise levels in excess of 60 dBA
CNEL. However, this noise impact is proposed to be mitigated tGough the incorporation
of a solid noise barrier (wall) between the road and the adjacent dwelling units and through
the use of other sound attenuation measures (Le. mechanical ventilation) as specified within
the Acoustical Study for this Planning Area.
Lighting utilized onsite will be directed so as to not impact adjacent future views.
Because this is a residential project it will not involve a significant risk of an explosion or
the release of hazardous substances.
The proposed project density of 5.5 du/acre is well below the density permitted upon the
site (7.9 du/acre) per the Aviara Master Plan. In view of the reduced density, overall project
environmental effects should be reduced.
The project will provide additional housing units to meet existing demand.
A total of 1,200 average daily vehicle trips will be generated by the project which will not
significantly impact the circulation system as discussed in EIR 83-2(A) and LFMP - 19.
The demand for parking facilities created by this project will be satisfied onsite. Two garage
spaces will be provided for each unit and adequate guest parking will be providec
throughout the project.
2’1.
22.
23.
24.
25.
26.
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I )ISCUSSION OF ENVIRONMENTAL EVALUATION (CONTINUED):
7. The project will add 640 ADT and 560 ADT to Alga Road and Ambrosia Lane respectively. Other surrounding sneers will also carry portions of this project. This minor increase in traffic upor
all surrounding streets is not considered significant.
The project site is outside of the Airport influence Area for Palomar Airport.
Two vehicular access points are proposed for the project and are not located to cause conflict
with intersections with Alga Road and Ambrosia Lane.
The project will not interfere with emergency response plans.
The project will not obstruct any scenic vista and will create an aesthetically pleasing street scenc
along Aiga Road and Ambrosia Lane through the use of structural setbacks, structural relief an(
rich landscaping.
8.
9.
0.
1.
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ANAL'U'SIS OF VIABLE ALTERNATIVES TO THE PROPOSED PROJECT SUCH AS:
a) Phased development of the project, b) alternate site designs,
c) alternate scale of development, d) alternate uses for the site,
nate sites for the proposed, and g) no project alternative. e) development ar some furure time rather rhan now, f) alrera
a) The 150 dwelling units proposed with this project will be completed in several p Phasing however will not likely result in an environmentally superior project.
b) This project has been designed to comply with all development standards and design guidelines of the Aviara Master Plan. The proposal creates no significant
environmental impacts. In accordance, no alternate site designs would appear as
environmentally superior.
c) The scale of this proposal (150 dwelling units) is a potentially superior improvement
over the maximum of 241 dwelling units permitted per MP - 177.
d) Any change of land use (except higher density residential permitted per MP-177) upon the subject property would necessitate a General Plan Amendment and Master
Plan Amendment.
Since the site is already rough graded and, all public facilities and services will be
available to support this proposed project, development at some future time would
not be regarded as an environmentally preferable alternative.
There are alternative sites for the project; however, they have no environmental
advantages, and this proposal is consistent with the existing land use plans.
g) The 'In0 project" alternative is not in conformance with the General Plan/Master Plan designation for the property. Since the site is already graded, this alternative is not
environmentally superior.
e)
f)
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-. ZTERMINATION (To Be Completed By The Planning Department)
On the basis of this initial evaluation:
e I find the proposed project COULD NOT have a signrficant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
- : I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in
this -case because the mitigation measures described on an attached
sheet have been added to the project. A Conditional Negative
Declaration will be proposed.
- I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
1 A, 1 , /'* .- )-- I \/-
Date Signature
@e/&
Date Planning Director 4- J
IST MITIGATING MEASURES (IF APPLICABLE)
1. Prior to the occupancy of any of the dwelling units, the project applicant shall construct
a maximum 8.5 foot high sound attenuation wallhem, as described in the Acoustical
Analysis for PA-7, along Alga Road. The wall portion of the mitigation shall not be
permitted to exceed 6.0 feet maximum. Prior to the occupancy of units 3340,71-78 and
124-130 the project applicant shall incorporate all required traffic noise mitigation
measures as described in the Acoustical Analysis for PA-7, (i.e. mechanical ventilation)
into these units.
iTTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE)
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- APPLICANT CONCURRENCE WITH MITIGATING MEASURES
THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES
AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT.
/
,I
Da teSigna t ure
CD:h
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PLANNING COMMISSION RESOLUTION NO. 3140
A RESOLUTION OF THE PLANNING COMMISSION OF THE CIn OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE
TRACT MAP TO DEVELOP A 145 DWELLING UNIT CONDOMINIUM
PROJECT ON PROPERTY GENERALLY LOCATED AT THE NORTHWEST
CORNER OF THE INTERSECTION OF ALGA ROAD AND AMBROSIA LANE.
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CASE NAME: AVIARA - PLANNING AREA 7
CASE NO.: CT 90-5
WHEREAS, a verified application for certain property to wit:
Lots 92 and 93 of the City of Carlsbad Tract 85-35, Aviara Phase I, Unit C,
1 has been filed with the City of Carlsbad and referred to the Planning Commission
WHEREAS, said verified application constitutes a request as provided by Ti
1 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of November, 1991
the 16th day of January, 1991, hold a duly noticed public hearing as prescribed 1: 11
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arguments, if any, of all persons desiring to be heard, said Commission considei
factors relating to the Tentative Tract Map. 1 ;
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B) That based on the evidence presented at the public hearing, the Corn
recommends APPROVAL of CT 90-5, based on the following findings and 5
to the following conditions:
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UHIBIT
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Findinas:
1. The project is consistent with Master Plan 177 since the proposed net dens 5.3 du/acre is within the permitted density of 7.9 du/acre as specified v
Master Plan 177.
The sire is physically suitable for the type and density of the development sin,
site is adequate in size and shape to accommodate residential development (
density proposed.
The Planning Commission has, by inclusion of an appropriate condition ti
project, ensured that the final map will not be approved unless the City Cc
Commission has added a condition that a note shall be placed on the fina
that building permits may not be issued for the project unless the City En2
determines that sewer service is available, and building cannot occur withi
project unless sewer service remains available, and the Planning Commiss.
satisfied that the requirements of the Public Facilities Element of the Genera
have been met insofar as they apply to sewer service for this project.
The dedication of the 12.4 acre school site at the intersection of Alga bat
Ambrosia Lane is acceptable as mitigation of the impact to existing GI
Unified School District school facilities.
The dedication of a 24.25 acre park site at the northem terminus of Am1
Lane satisfies park fee requirements.
All necessary public improvements have been provided or will be requir
conditions of approval.
The applicant has agreed and is required by the inclusion of an appro
condition to pay a public facilities fee. Performance of that contract and pal
of the fee will enable this body to find that public facilities will be ava
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finds that sewer service is available to serve the project, In addition, the Pla
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I I 8. Assurances have been given that adequate sewer for the project will be pro
by the City of Carlsbad.
As discussed in the staff report, the project is: (1) consistent wid
development standards of the Aviara Master Plan 177 and the Pk
Development Ordinance; (2) in conformance with the Design Criteria of IV
Plan 177; (3) h compliance with the city's No& Policy No. 17 as conditi
and (4) is in confoxmance with the Mdo I Local Coastal Program.
9.
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10. The proposed project is compatible with the surrounding future land uses :
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Negative Declaration has been issued by the Planning Director on Augusi
1990, and Recommended for Approval by the Planning Commission on Januar
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1991. In recommending approval of this Mitigated Negative Declaratior
Planning Commission has considered the initial study, the staff analysi!
required mitigation measures and any written comments received regardin:
significant effects of this project could have on the environment.
12. The applicant is by condition, required to pay any increase in public facilit
or new construction tax, or development fees, and has agreed to abide b
additional requirements established by a Local Facilities Management
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impacts created by the project.
This project is consistent with the City's Growth Management Ordinance as
been conditioned to comply with any requirement approved as part of the
Facilities Management Plan for Zone 19.
13.
I Conditions:
1. Approval is granted for CT 90-5, as shown on Exhibit "A" - "U", dated Dec
4, 1990, hcorporated by reference and on file in the Planning Depar
Development shall occur substantially as shown unless otherwise noted in
conditions.
The developer shall provide the City with a reproducible 24" x 36', mylar c
the Tentative Map as approved by the Planning Commission. The Tentatit
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within and adjacent to the project.
This project is approved upon the express condition that the final map sk
be approved unless the City Council finds as of the time of such appro\
sewer service is available to serve the subdivision.
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prior to the recordation of the final map. Said map shall show all lots and
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5. This project is approved upon the express condition that building permits wil be issued for development of the subject property unless the City Eng
determines that sewer facilities are available at the time of application for
sewer permits and will continue to be available until time of occupancy. This
shall be placed on the final map. I
6. This project is also approved under the express condition that the applican
the public facilities fee adopted by the City Council on July 28, 1987 a1
amended from time to time, and any development fees established by the
Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or
ordinance adopted to implement a growth management system or facilitie
improvement plan and to fulfill the subdivideis agreement to pay the 1 facilities fee dated November 2, 1989, and the agreement to pay the GI
Management Fee dated December 4, 1987, copies of which are on file wit
City Clerk and are incorporated by this reference. if the fees are not paic
application will not be consistent with the General Plan and approval fc
project shall be void.
Water shall be provided to this project pursuant to the Water Service agrei
between the City of Carlsbad and the Carlsbad Municipal Water District, date
25, 1983.
This project shall comply with all conditions and mitigation required by the
19 Local Facilities Management Plan approved by the City Council on Dec
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9. if any condition for construction of any public improvements or facilities,
payment of any fees in lieu thereof, imposed by this approval or imposed 1
on this project are challenged this approval shall be suspended as provic
Government Code Section 65913.5. if any such condition is determined
invalid this approval shall be invalid unless the City Council determines th
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Zoning Ordinance and all other applicable City ordinances in effect at t I budding permit issuance.
j 11. The applicant shall establish a homeowner's association and correspi
covenants, conditions and restrictions. Said CC&R's shall be submitted
approved by the Planning Director prior to final map approval. The CC&
Planning Area 7 shall include a provision which prohibits parking vehicles
private driveway which measures less than 20 feet hm garage door to 1
sidewalk or edge of arb face, whichever is closest to the structure.
I I I I PC RES0 NO. 3140 -4- I
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12. The applicant shall submit a street name list consistent with the City's street nE
policy subject to the Planning Director's approval prior to final map approval
The applicant shall prepare a detailed landscape and irrigation plan which shal
submitted to and approved by the Planning Director prior to the issuanu
grading or building permits, whichever occurs first.
All landscaped areas shall be maintained in a healthy and thriving condition,
from weeds, trash, and debris.
The developer shall install street trees at the equivalent of 40-foot intervals a1
all public street frontages in conformance with City of Carlsbad standards.
trees shall be of a variety selected from the approved Street Tree List.
Preliminary landscape plans shall be submitted.
All landscape plans shall be prepared to conform with the Landscape Guide1
Manual and submitted per the landscape plan check procedures on file in
Planning Department.
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18. Landscape plans shall be designed to minimize water use. Lawn and other :
1 plants (see Landscape Guidelines Manual) shall be limited to areas of sp
visual importance or high use. Mulches shall be used and irrigation equipment
design shall promote water Conservation.
Prior to final occupancy, a letter from a California licensed landscape arch
shall be submitted to the Planning Director certifying that all landscaping has
installed as shown on the approved landscape plans.
All herbicides shall be applied by applicators licensed by the State of Calif01
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footprints and elevations, improvement plans and grading plans.
All landscape and irrigation plans shall show existing and proposed contour!
shall match the grading plans in terms of scale and location of improvemen
Mature trees which are removed shall be replaced one to one with minimur
box specimen. Each case shall be reviewed by the Planning Director.
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25. The minimum shrub size shall be 5 gallons or otherwise as approved by tl Planning Director.
26. The number of trees in a residential project shall be equal to or greater than I
number of residential units.
Any signs proposed for this development shall at a minimum be designed
conformance with the City's Sign Ordinance and shall require review and approT
of the Planning Director prior to installation of such signs.
Building identification and/or addresses shall be placed on all new and exist
buildings so as to be plainly visible from the street or access road; color
identification and/or addresses shall contrast to their background color.
The developer shall display a current Zoning and Land Use Map in the sales off
at all times, or suitable alternative to the satisfaction of the Planning Direct01
All sales maps that are distributed or made available to the public shall include
not be limited to trails, future and existing schools, parks, and streets.
As part of the plans submitted for building permit plan check, the applicant s
include a reduced version of the approving resolution/resolutions on a 24" x
blueline drawing. Said blueline drawing(s) shall also include a copy of
applicable Coastal Development Permit and signed approved site plan.
Prior to the occupancy of any residential Unit within this project, the Master P,
recreational vehicle stoxage area (within Planning Area 23) with all weather ac
road to it shall be available for use.
Prior to the occupancy of any of the dwelling units, the project applicant s
construct a 5.5 to 8.5 foot high noise barrier (combination wall and b<
between Alga Road and buildings 11,12,21,22,42 and 43. The noise ba
shall be constructed consistent with the recommendations of the Acoustical S
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all required trafhc noise mitigation measures (ie. mechanical ventilation) into t
units, as described in the Acoustical Analysis for PA-7.
Prior to the issuance of a grading permit or the recordation of the final map
project applicant shall receive a Coastal Development Permit that appI
development that is in substantial conformance with this City approval.
Coastal Permit shall be required to be submitted to the City Planning Depart
for review prior to the issuance of a grading permit.
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35. Prior to the issuance of a grading permit, all Coastal Deed ~estrimd
(portions of Lots 38,44,45 and 50 as shown on Exhibit "S) shall be st&( flagged to prohibit encroachment by construction equipment.
All units which are setback a minimum of 5 feet from a private driveway SI equipped with an automatic garage door opener.
All perimeter fences/walls shall be required to be designed consistent wj
materials and style of other Master Plan approved fences/walls.
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37.
38. This project is approved subject to the condition that residential
conservation measures including water efiiaent plumbing fixtures in confor
with State and Local Laws and Policies, be incorporated into the projects I
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I 39. Prior to the recordation of the first final tract map or the issuance of resil
building permits, whichever is first, the owner of record of the property wit1
boundaries of this tentative tract map shall prepare and record a notice th
property is subject to overflight, sight, and sound of aircraft operatinj I
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42. This project is located within the Mdo I Local Coastal Plan. All devek
design shall comply with the erosion control, grading and drainage reqUir 1 I of that plan.
43. The developer shall comply with all the rules, regulations and design requir
of the respective sewer and water agencies regarding services to the projc
The developer shall be responsible for coordination with S.D.G.&E.,
Telephone, and Cable TV authorities.
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45. The developer shall provide an acceptable means for maintaining all the p streets, sidewallrs, street lights, open space, storm drain facilities and
facilities located within the subdivision and to distribute the costs of
maintenance in an equitable manner among the owners of the units with
CC&R’s subject to the approval of the City Enginr. AU of the
improvements are considered private unless otherwise labeled on the ter
map.
Approval of this tentative tract map shall expire twenty-four (24) months frc
date of City Council approval unless a final map is recorded. An extensio
be requested by the applicant. Said extension shall be approved or denied
discretion of the City Council. In approving an extension, the City Counc
impose new conditions and may revise existing conditions pursuant to S
20.12.1 10(a)(2) Carlsbad Municipal Code.
Prior to approval of the final map the developer shall enter into an agreemei
the City to pay any drainage area fees established as a result of the
Drainage Plan Update.
The owner of the subject property shall execute a hold harmless agrc
regarding drainage across the adjacent property prior to approval of the fin
i I subdivision. Adequate provision for such maintenance shall be included wi
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l6 means water which, as a result of treatment of wastewater, is suitable for i
beneficial use or controlled use that would not otherwise occur.
No grading permits shall be issued for this subdivision prior to recordatior j 50.
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approval for grading plans in accordance with City codes and standards, b(
a grading pennit and complete the grading work in substantial conformar
the approved grading plans.
The developer shall obtain a grading pennit prior to the commencemeni
clearing or grading of the site.
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53. No grading shall occur outside the limits of the subdivision unless a gradir
li slope easement is obtained from the owners of the affected properties. I I
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determined by The City Engineer and Planning Director.
A separate grading plan shall be submitted and approved and a separate vi
permit issued for the borrow or disposal site if located within the city limit
54.
7 within this project the developer shall submit to and receive approvaL from th(
Engineer for'the proposed haul route. The developer shall comply wi
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gl conditions and requirements the City Engineer may impose with regards 1
hauling operation.
The developer shall exercise special care during the construction phase c
project to prevent offsite siltation. Planting and erosion control shall be prc in accordance with the Carlsbad Municipal Code and the City Engineer. Ref€
Chap 11.06.
The developer shall construct temporary desiltation basins onsite of a type ar
and at locations as approved by the City Engineer. The developer shall entc
a desiltation basin maintenance agreement and submit a maintenance
satisfactory to the City Engineer prior to the approval of grading, building I
or final map which ever occurs kt for this project. Each desiltation bask
be serviced by an all-weather access/maintenance road. The provisions (
agreement shall apply to any offsite borrow sites which may be utilized
construction of this project as required by the City Engineer.
Rain gutters must be provided where necessary to convey roof drainage
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1 the City Engineer.
1 I 60. The developer shall make an offer of dedication to the City for all public
and easements required by these conditions or shown on the Tentative Ma1
offer shall be made by a certificate on the final map for this project. All 1
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and without cost to the City. Streets that are already public are not requ
be rededicated. I
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61. Direct access rights for all lots abutting Alga Road shall be waived on thc map except for the point of connection with Baccharis Lane.
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shall give written consent to the annexation of the area shown withi
boundaries of the site plan into the existing City of Carlsbad Street Lightir
Landscaping District No. 1. The form shall be provided by the City duii
improvement plancheck process.
Runoff from this project is conveyed to environmentally sensitive areas.
subdivider shall provide adequate means of eliminating urban pollutants
City Engineer prior to issuance of grading or building permit.
63.
drainage prior to discharge. Plans for such improvements shall be approved
Some improvements shown on the tentative map and/or required by conditions are located offsite on property which neither the City nor the sub(
has sufficient title or interest to permit the improvements to be made IA
acquisition of title or interest. The Developer shall conform to Section 20.1 of the Carlsbad Municipal Code.
Plans, specifications, and supporting documents for all improvements SI
prepared to the satisfaction of the City Engineer. Prior to approval of th
map in accordance, with City Standards the Developer shall install, or a2
install and secure with appropriate security as provided by law, improvt
shown on the tentative map and the following improvements:
A.
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Irrigation systems to accommodate future reclaimed water shall be de
and installed consistent with Title 17 of the California Administrative
and to the satisfaction of the City Engineer and the Water District.
I ' B. Alga Road to major arterial standards or better from Mimosa Stree
Camino Real to the satisfaction of the City Engineer. This obligation 1
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the City Engineer. 1 66. Improvements listed above shall be constructed within 24 months of finq
approval and/or improvement plan approval which ever occurs first.
The Fire Marshal has determined that onsite fire hydrants are required to sei
project. Prior to issuance of a building permit for the site, the applican
submit and receive City and water district approval for appropriate wi
improvement plans and easements. All improvements shall be desig
conformance with City and Water District Standards, plancheck and inspecti
paid and improvement security shall be posted with the Water District.
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68. The design of all private streets and drainage systems shall be approved 1
City Engineer prior to approval of the final map for this project. The stn section of all private streets shall conform to City of Carlsbad Standards ba:
R-value tests. All private streets and drainage systems shall be inspected
City, and the standard improvement plan check and inspection fees shall b
prior to approval of the final map for this project. The horizontal design
private streets are approved as shown on the tentative map.
The private sidewalk shall be kept clear of all obstructions including, b
limited to, fire hydrants, mail boxes and street lights.
The subject property is within the boundaries of Assessment District Nc
(Alga Road). Upon the subdivision of land within the district boundari
subdivider may pass through assessments to subsequent owners &
subdivider has executed a Special Assessment district Pass-Through Author
Agreement. Said agreement contains provisions regarding notice to pc
buyers of the amount of the assessment and other provisions and requi
subdivider to have each buyer receive and execute a Notice of Assessment
Option Agreement. In the event that the subdivider does not exm
Authorization Agreement, the assessment on the subject property must be 1
in full bv the subdivider Drior to any subdivision of the land.
As required by State law, prior to the recordation of a final map over an3
subject property, a segregation of assessments must be completed and recor
all subdivided lots. By applying for a segregation of assessments, the sub
agrees to pay the fee to cover the costs assodated with the segregati
segregation is not required if the subdivider pays off the assessment on the
property prior to the recordation of the final map. In the event a segreg
assessments is not recorded and property h subdivided, the full amc
assessment will appear on the tax bills of each new lot.
This project is approved under the express condition there will be mode
The grading required for the model units is shown in an exhibit to the tf
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map. The grading for the model units prior to final recordation is aut pursuant to the approval of this tentative map. Sewer and water n
provided to the site. Fire hydrants shall be provided as deemed necessarq
Fire Marshal.
All stonn drain and sewerlines which do not cany public flows shall remain
and be maintained by the Homeowners Association. A note to this effect
placed in the Cc&R’s.
If the developer chooses to construct out of phase, all improvementS re~l
previous conpigllous phases must be constructed.
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75. The open space lots - Lot 24 through 29, shall be deeded over to the Aviara
Association concurrent with final map recordation per the agreement betwf developer and Hillman Properties.
The following areas shall be granted as covenant for easements to all ow
condominium units (not the Homeowner Association). These covm
easements shall be conveyed by separate document and recorded conarm
the final map.
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76.
A common area in perpetuity as a covenant running with the land (
paved areas and sidewalks, except individual concrete driveways, for
parking, private utilities and maintenance purposes.
A common area in perpetuity as a covenant running with the land o
1 through Lot 23 inclusive, for landscaping, access and main1
Purposes.
2.
These covenants for easements shall be binding upon all successors, assij
transferee of covenantor. These covenants can not be quitclaimed with
approval of the City. Wording to that effect shall be placed in the coven
The emergency access road shall be constructed with Phase 6.
Phase 3 of CI' 90-5 shall include street, curb, gutter, storm drainage inlets
necessary ;r&astructure in Sand Astor Drive and Plover Court necessary
development of that phase, to the satisfaction of the City Ehgheer.
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Fire Conditions:
79. Additional public and/or on site fire hydrants shall be provided if
necessary by the Fire Marshal.
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81. All required fire hydrants, water mains and appurtenances shall be ope
prior to combustible building materials being located on the project site.
Proposed security gate systems shall be provided with "Knox" key c
override switch, as specified by the Fire Department.
All private driveways shall be kept clear of parked vehicles at all time, a
have posted "No Parhg/Fire Lane - Tow Away Zone" pursuant to
17.04.040, Carlsbad Municipal Code.
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i 84. Fire retardant roofs shall be required on all structures. I
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85. Brush clearance shall be maintained according to the specifications contair
the City of Carlsbad Landscape Guidelines Manual.
All fire alarm systems, fire hydrants, extinguishing systems, automatic sprir and other systems pertinent to the project shall be submitted to tht Department for approval prior to construction.
Building exceeding 10,000 sq. ft. aggregate floor area shall be spnnldered.
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Water District :
88. The entire potable and non-potable water system/systems for subject projec
be evaluated in detail to ensure that adequate capacity and pressure for dol
landscaping and fire flow demands are met.
The developer's engineer shall schedule a meeting with the District Engine
the City Fire Marshal and review the preliminary water system layout p
preparation of the water system improvements plans.
The developer will be responsible for all fees and deposits plus the major
charge which will be collected at time of issuance of building permit.
1 89.
90.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the P1
Commission of the City of Carlsbad, California, held on the 16th day of January
by the following vote, to wit:
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17 l6 i AYES: Chairperson Holmes, Commissioners: Schlehuber, Schramm, Mc
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CARLSBAD PLANNING COMMISSION
ATTEST:
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MICHAEL J. HbLZMIkER
-5: qi-pj
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PLANNING COMMISSION RESOLUTION NO. 3141
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CONDOMINIUM PERMIT TO DEVELOP A 145 DWELLING UNtT
CONDOMINIUM PROJECT ON PROPERTY GENERALLY LOCATED AT
THE NORTHWEST CORNER OF THE INTERSECTION OF ALGA ROAD
AND AMBROSIA LANE.
CASE NAME: AVIARA - PLANNING AREA 7
CASE NO.: CP 90-2
WHEREAS, a verified application for certain property to wit:
Lots 92 and 93 of the City of Carlsbad Tract 85-35, Aviara Phase I, Unit I c,
has been filed with the City of Carlsbad and referred to the Planning Commission;
WHEREAS, said verified application constitutes a request as provided by Ti
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of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on the 7th day of November, 199
the 16th day of January, 1991, hold a duly noticed public hearing as prescribed by
consider said request; and
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follows:
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i That the above recitations are true and correct.
That based on the evidence presented at the public hearing, the Corn
recommends APPROVAL of CP 90-2, based on the following findings and : i to the following conditions:
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Findinns:
1. The project is consistent with Master Plan 177 since the proposed net dm 5.3 ddacre is within the permitted density of 7.9 ddacre as specified ;
Master Plan 177.
The site is physically suitable for the type and density of the development sin
site is adequate in size and shape to accommodate residential development
density proposed.
The Planning Commission has, by inclusion of an appropriate condition t project, ensured building permits will not be issued for the project unless tl
Engineer determines that sewer service is available, and building cannot
within the project unless sewer service remains available, and the Pk
Commission is satisfied that the requirements of the Public Facilities Elem
the General Plan have been met insofar as they apply to sewer service fc
project.
The dedication of the 12.4 acre school site at the intersection of Alga b
Ambrosia Lane is acceptable as mitigation of the impact to existing Ca
Unified school District school facilities.
The dedication of a 24.25 acre park site at the northern terminus of Arr
Lane satisfies park fee requirements.
All necessary public improvements have been provided or will be requi
conditions of approval.
The applicant has agreed and is required by the inclusion of an apprc
condition to pay a public facilities fee. Performance of that contract and pa
of the fee will enable this body to find that public facilities will be av
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1 8. The proposed project is consistent with the City's Planned Development Ord
and also complies with the Design Guidelines Manual.
Asdiscussed in the staff report, the project is: (I) consistent wi
development standards of the Aviara Master Plan 177 and the P
Development Ordinance; (2) in conformance with the Design Criteria of
Plan 177; (3) in compliance with the city's Noise Poky No. 17 as cod1
and (4) is in conformance With the Mello I Lmal Coastal Program.
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I 1 PC RES0 NO. 3141
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10. The proposed project is compatible with the surrounding future and existing
uses since surrounding properties are designated for Residential Develop
(RM/RLM/OS) on the General Plan.
This project will not cause any significant environmental impacts and a Miti(
1990, and Recommended for Approval by the Planning Commission on Janua
Planning Commission has considered the initial study, the staff analysi
required mitigation measures and any written comments received regardin
significant effects this project could have on the environment.
The applicant is by condition, required to pay any increase in public facilit
or new construction tax, or development fees, and has agreed to abide b
11. Negative Declaration has been issued by the Planning Director on Augu5
1991 I In recommending approval of this Mitigated Negative Declaratio
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additional requirements established by a Local Facilities Management
prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. Thi
ensure continued availability of public facilities and will mitigate any cumu
impacts created by the project.
This project is consistent with the City's Growth Management Ordinance as
been conditioned to comply with any requirement approved as part of the
Facilities Management Plan for Zone 19.
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Conditions:
1. ' All conditions of approval for a 90-5 as contained in Planning Corn
Resolution No. 3140 apply to this approval and are incorporated hug
ref'erence.
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PC RES0 NO. 3141 -3-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Pla
Commission of the City of Carlsbad, California, held on the 16th day of January, 19!
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the following vote, to wit!
AYES: Chairperson Holmes, Commissioners: Schlehuber, Sch
McFadden and Hall.
NOES: Commissioner E&.
ABSENT: Commissioner Marcus.
ABSTAIN:
None* pj !n: lLUpc- I
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KOBERT HOLMESTChairperson
CARLSBAD PLANNING COMMISSION
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ATTEST:
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MICHAEL J. HOL~MILL~
PLANNING DIRECTOR
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i PC RESO NO. 3141 -4- 1