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Home My WebLink About1991-07-16; City Council; Resolution 91-233- L _I 1 2 3 4 5 6 7 8 9 lo l1 l2 Om suz m> 13 $E& ou8 $<:aO, ;by5 l4 5Z-J G$$g 'kg? mi5nL ti 'ai l5 +>ma POS$ lrrd '' g2% 17 Go l8 l9 2o 21 22 wmo 23 24 25 26 27 28 e 0 RESOLUTION NO. 91-233 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A MITIGATED NEGATIVE DECLARATION AND TENTATIVE SUBDIVISION MAP (CT 90-15), LOCAL COASTAL PROGRAM AMENDMENT (LCPA 90-6) AND HILLSIDE DEVELOPMENT PERMIT (HDP 90-20) FOR AN 122 LOT PROJECT ON 54.61 ACRES OF LAND GENERALLY LOCATED ON THE ROAD AND FUTURE POINSETTIA LANE, IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NO: CT 90-15/LCPA 90-6/HDP 90-20 SOUTHEAST CORNER OF THE INTERSECTION OF ALGA APPLICANT: AVIARA PLANNING AREA 24 WHEREAS, on May 29, 1991 the Carlsbad Planning Commis held a duly noticed public hearing to consider a proposed Mitis Negative Declaration, Tentative Subdivision Map CT 90-15, I Coastal Program Amendment LCPA 90-6 and Hillside Development PE HDP 90-20 for a 122 lot project and adopted Resolutions Nos. 3 3230, 3229 and 3231 respectively, recommending to the City Cot that the Mitigated Negative Declaration, Tentative Subdivisior CT 90-15, Local Coastal Program Amendment LCPA 90-6 and Hill Development Permit HDP 90-20 be approved; and WHEREAS, the City Council of the City of Carlsbad July 2, 1991 held a public hearing to consider the recommendat and heard all persons interested in or opposed to CT 90-15/LCPi 6/HDP 90-20; and WHERAS, a Mitigated Negative Declaration was issue March 28, 1991 and submitted to the State Clearinghouse for day review period. All comments received from that review PC are fully incorporated into the conditions of approval for tentative map and other project approvals. These conditions be reviewed through a monitoring program set up for the projc - Y 1 2 3 4 5 6 7 8 9 10 11 12 n am kaum ang ;;g% goaa 14 >3z Q1-5n: :?nE 15 a2 >ma glum0 ZJ :n~d 16 5Z8? ?Y% 17 uu 18 19 20 21 927 mwg 13 ZO$$ 22 23 24 25 26 27 28 e e NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Carlsbad, California, as follows: 1. That the above recitations are true and correct 2, That the mitigated negative declaration on the a referenced project is approved and that the findings and condit of the Planning Commission contained in Resolution No. 3227 ma Exhibit A attached hereto are the findings and conditions of City Council. 3. That the tentative subdivision map of this prc (CT 90-15) is approved and that the findings and conditions of Planning Commission contained in Resolution No. 3230 marked Exh B and attached hereto are the findings and conditions of the Council 0 4. Local Coastal Program Amendment LCPA 90-6 is appr and that the findings and conditions of the Planning Commis contained in Resolution No. 3229 marked Exhibit C and atte hereto are the findings and conditions of the City Council. 5. Hillside Development Permit HDP 90-6 is approvec that the findings and conditions of the Planning Commission -*- -.* *** a.m *'* ..* ..* *** *.. ... - , 2 3 4 5 6 7 8 9 10 11 12 Om 32 EUOb OUam 14 00525 SUJF 13 g<ng +J= k5.E gwmv ~$26 16 $082 qE3 >2'9 17 bo 18 19 20 21 22 23 24 25 26 27 28 OW ?:$% l5 >me 0 e 0 contained in Resolution No. 3231 marked Exhibit D and atta hereto are the findings and conditions of the City Council. PASSED, APPROVED AND ADOPTED at a Regular Meeting of day of 2 City Council of the City of Carlsbad on the I6th 1991, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Nygaard and I NOES: None ABSENT: None ATTEST : - ALETHA L. RAUTENKRANZ, City Clkrk (SEAL) 3 - " 1 2 3 4 5 6 7 €3 9 10 11 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 m PLANNING COMMISSION RESOLUTION NO. 3227 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A MITIGATED NEGATIVE DECLARATION FOR A MASTER PLAN AMENDMENT/LOCAL COASTAL PROGRAM AMENDMENT/TENTATIVE TRACT MAP/HILLSIDE DEVELOPMENT PERMIT OVER PLANNING AREA 24 OF THE AVLARA MASTER PLAN. APPLICANT: AVLARA PLANNING AREA 24 CASE NO.: MP-l77(D)/LCPA 90-6/CT 90-1S/HDP 90-20 WHEREAS, the Planning Commission did on the 29th day of May, hold a duly noticed public hearing as prescribed by law to consider said request, WHEREAS, at said public hearing, upon hearing and consideri testimony and arguments, examining the initial study, analyzing the inforr submitted by staff, and considering any written comments received, the PL Commission considered all factors relating to the Mitigated Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Corn as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Pk Commission hereby recommends APPROVAL of the Mitigated Negative Decla according to Exhibit "ND", dated March 28,1991, and "PII", dated March 15, attached hereto and made a part hereof, based on the following findings: Findinns: 1. The initial study shows that there is no substantial evidence that the projec have a significant impact on the environment provided that mitigating con( of approval are complied with. The streets are adequate in size to handle traffic generated by the prc project. The proposed project site has already been reviewed under Master Plan E 2(A) and as designed, the project implements all recommended miti 2. 3. measures of said EIR 83-2(A). E - * 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 e e 4. The project will either preserve in open space or replace with comparable c and acreage, the previously coastal deed restricted habitat areas. Conditions: 1. Prior to the initiation of project grading, a cultural resources data m program shall be conducted at site SDI 6753, This data recovery progran: involve the excavation of six square meter test units. As soon as this data re1 mitigation program is completed, a letter from the archaeological corn confirming this shall be required to be submitted to the Carlsbad Pk Department. All portions of this project as shown on Exhibits 'I" - "X', dated April 12, 2. shall be required to be landscaped consistent with these same Exhibits. A dc Landscape and Irrigation Plan (which includes a timeline for implementation. be submitted and approved by the Planning Director prior to the issua.~ grading pennits. The Landscaping shall be required to be initiated immec following rough grading of each of these graded areas. Prior to the issuanc grading permit, a Landscaping bond shall be required to be posted with tht Prior to the issuance of a grading pet, all "Give Back" areas (as shoT Exhibit IF') and other project open space areas shall be required to be 1 under a deed restriction which prohibits any encroachment for developmex those areas in perpetuity. This project is approved subject to the condition that no project grading sh permitted during the Black Tailed Gnatcatcher breeding season (March 1 - 1). Any modifications to grading restrictions shall be subject to approval ( City and be based on the prior approval of the California Coastal Cod consultation with the Department of Fish and Game and U.S. Fish & W Service. All deed restricted habitat areas shall be required to be staked and flagged 3. 4. i 5. 2o 21 22 23 24 25 26 27 28 field by a certified biologist prior to the issuance of grading permits. AU restricted areas shall be required to be clearly demarcated on all project gr plans. 1 6. All "Give Back"' areas that are adjacent to Coastal Sage Scrub habitat sh required to be fully landscaped with similar native species. Prior to the issl of a grading pennit, a landscape and irrigation plan for these areas slx submitted for review by the Planning Director. -.* ... ... PC RES0 NO. 3227 -2- I - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 7. Prior to the recordation of the first final map, the applicant shall enter into party agreement with the City to contract with an environmental codtar by the applicant, to provide a monitoring program €or the mitigation mr required by the tentative map. The program shall include specific mon activities, a reporting system, and criteria for evaluating the success mitigation measures. Prior to the occupancy of any future affected dwelling units within this P1, Area, the project applicant shall construct the sound attenuation walls don Road and future Poinsettia Lane as desaibed in the ACOUS~~C~ Analysis for (Meme Greve, 1990). The project appkant shall also incorporate all re traffic noise mitigation measures (mechanical ventilation) described i acoustical analysis into the effected units. 8. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Pk Commission of the City of Carlsbad, California, held on the 29th day of May, 19 the following vote, to wit: AYES: Chairperson Holmes, Commissioners: Schlehuber, Sch Savary, Noble & Hall. NOES: Commissioner Erwin. ABSENT: None. ABSTAIN: None. CARLSBAD PLANNING COMMISSION ATTEST: PLANNING DIRECTOR PC RES0 NO. 3227 -3- e 0 MITIGATED NEGATNE DECLARATION PROJECT ADDRESS/LOCATION: The 54.6 acre project site is located at the northeast comer intersection of Alga Road and future Poinsettia Lane. PROJECT DESCRIPTION: (A) Master Plan Amendment/Local Coastal Program Amendment to: (1) change permitted single family lot sizes from small lot to minimum 7,500 sf, (2) reduce maximun: dwelling unit potential from 193 du’s to 120 du’s, (3) increasc development standards and design criteria for Planning kea 24 of the Aviara Master Plan. (B) A 54.6 acre/124 lot/l20 dwelling unit tentative map, an( Hillside Development Permit for Aviara PA 24. open space by 4,3 acres and; (4) modify Master Pla The City of Carlsbad has conducted an environmental review of the above described projec pursuant to the Guidelines for Implementation of the California Environmental Quality Ac and the Environmental Protection Ordinance of the City of Carlsbad. As a result of sai review, a Mitigated Negative Declaration (declaration that the project will not have significant impact on the environment) is hereby issued for the subject projec Justification for this action is on file in the Planning Department. A copy of the Mitigated Negative Declaration with suppomve documents is on file in tl Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments fro the public are invited. Please submit comments in Writing to the Planning Departme! within 30 d.Jp of date of issuance. If YOU have any questions, please cd Chris DeCert in the Planning Department at 438-1161, extension 4445. bl&NA & - ’1 . 4 L I, DATED MARCH 28,1991 MICHAEL J. HOtZ&E CASE NO: MP 177(D)/LCPA 90-6/CT 90-15 Planning Director APPLICANT AvlARA PA-24 PUBLISH DATE: MARCH 28,1991 2075 Las Palmas Drive - Carlsbad. California 92009-4859 (619) 438-1 1 F.NvrR &NTAL, [MPACX' ASSESSMENT F 8A - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. MP 177(D)/LCPA 90-6/CT ~O.~S/III: DATE: MARCH 15. 1991 t3.4CKG RUL'ND 1. CASE NAME: Ab-iara Planninz Area 24 2. APPLICANT: Aviara Land Associates 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2011 Palomar Aimort Road Carlsbad. CA 92008 (619) 931-1190 4, 5. PROJECT DESCRIPTION: [A) Master Plan Amendment/Local Coastal Prowam AI to: (1) change Dermitted single family lot sizes from sn minimum 7.500 sf. (2) reduce maximum dwellinp unit from 193 du's to 120 du's. (3) increase open space bv and: (4) modifv Master Plan develoDment srandards a criteria for Planning Area 24 of the Aviara Master Plan. [ acre/l24 lot/120 dwellinn unit tentative maD. anc DeveloDment Pennit for Aviara PA 24. DATE EM FORM PART I SUBMITTED: AD^ 12, 1990 ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City cc Environmental Impact Assessment to determine if a project may have a significant effect on the en\ The Environmental Impact Assessment appears in the following pages in the form of a checklist. Thi identifies any physical, biological and human factors that might be impacted by the proposed p provides the City with information to use as the basis for deciding whether to prepare an Envi Impact Report or Negative Declaration. * A Negative Declaradoa may be prepared if the City perceives no substantial evidence that the any of its aspects rimy cause a significant effect on the environment. On the checklist, "NO" will 1 to indicate this determination. * An EIR must be prepared if the City determines that there is substantial evidence that any as] project may cause a sidcant effect on the environment. The project may qualify for i Declaration however, if adverse impacts are mitigated so that environmental effects can 1 insinnificant. These findings are shown in the checklist under the headings "YES-sig" and ' respectively. A discussion of potential impacts and the proposed mitigation measures appears at the end of the f DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to mirigarion for impacts which would orherwise be determined si@cant* e 0 PHYSICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO (ins@ big) 1. Result in unstable earth conditions or increase the exposure of people or property x 10 geologc hazards? - - - 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. X 4. X - - any bay, inlet or lake? ambient air quality? - - movement, odor, moisture, or temperature? - - water (marine, fresh or flood waters)? Affect the quantity or quality of surface water, ground water or public water supply? - - depletion of any natural resources? - 5. Result in substantial adverse effects on x - 6. Result in substantial changes in air 2 - 7. Substantially change the course or flow of 2 - - - 8, )I - 9. Substantially increase usage or cause )I 1 - - 7 - - 10. Use substantial amounts of fuel or energy? - 11. Alter a significant archeological, paleontological or historical site, structure or object? - X - - -2- 0 0 k BIOLOGICAL E,NvIRONh@," WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: GS E$ NO 12. Affect the diversity of species, habitat or numbers of any species of plants (including trees, shrubs, grass, microflora and aquatic plants)? - X - 13. Introduce new species of plants into an area, or a barrier to the normal replenishment of x existing species? - - - 14. Reduce the amount of acreage of any agricultural crop or affect prime, unique or other farmland of state or local importance? - Affect the diversity of species, habitat or numbers of any species of animals (birds, land animals, all water dwelling organisms X - - 15. and insects? - X - 16. Introduce new species of animals into an area, or result in a barrier to the X - - migration or movement of animals? - I-rUMANEMrlRoNMENT YES YES NC (si& (insig) WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: 17. Alter the present or pianned land use of an area? - X - - 18. Substantially affict public utilities, schools, police, fire, emergency or other 3 - public services? - - -3- e e HuMANENvlRoNMENT NO WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES (instil (ag) 19. Result in the need for new or modified sewer svstems, solid waste or hazardous waste x x >( - conrrol systems? - - 20. Increase exisring noise levels? - - 21. Produce new light or glare? - - - - 22. [nvolve a signrficant risk of an explosion or the release of hazardous substances (inciuding, but not limited to, oil, - pesticides, chemicals or radiation)? - - human population of an area? - - for additional housing? - - 25. Generate substantial additional traffic? - - create a large demand for new parking? - - 23. Substantially alter the density of the - 24. Affect existing housing, or create a demand - - 26. Affect existing parking facilities, or - 27. Impact existing transportation systems or alter present patterns of circulation or movement of people and/or goods? - - 28. Alter waterborne, rail or air traffic? - - vehicles, bicyclists or pedestrians? - - 30. Interfere with enragcncy response plans or emergency evacuation plans? - - aesthetically offensive public view? - - existing recreational opportunities? - - 29. Increase traffic hazards to motor 31. Obstruct any scenic vista or create an 32. Affect the quality or quantity of 4- e e MANDATORY FENDINGS OF SIGNIFICANCE WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES KO (SIP) (1Ml9) 33. Does the project have the potential to substanrially degrade the quality of rhe environment, substantially reduce rhe 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 of California history or prehistory. - - - 34. Does the project have the potential to achieve short-term, to the dis- advancage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of 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 - - - 35. effects of other currenr projetts, and the effects of pdmbie future projects.) - - 36. Does the project bovc environmental effects which will cause substantial adverse effects on human beings, - either directly or indirectly? - -5- a e - DISCUSSION OF ENVERONMENTAL EVALUATION This project is a Master Plan Amendment, Local Coastal Program Amendmenr, Tentative Tract v Hillside Development Pdt for PlMg Area 24 of the Aviara Master Plan 177. The Tentative Map j 720 minimum 7,500 square foot single family residential lots and 4 open space lots (15.2 acres) ( 54.61 acre Planning Area. The northeastern portion of the project site has been disturbed as a cons of a Ciry approved stockpile operation. The central and northeastern portions of the site exist as lei rops, previousIy under agricultural use, which are surrounded by coastal side slopes which are vegeta densely covered chaparral and coastal sage scrub habitat. For this environmental analysis, staff cc several field trips to the subject property and reviewed the Pacific Rim County Club and Resort Ma: Environmental Impact Report (EM 83-2(A)) which covers this property. In that: (1) [he propose( sire has already been reviewed under Master Plan EfR 83-2(A), (2) as designed, the project irnpler recommended mitigation measures of EIR 83-2(A), (3) the product rype changes and design guid proposed will ensure land use compatibility with existing or future land uses, (4) the project w preserve in open space 01- replace with comparable quality and acreage, the previously deed restricte sage scrub habitat, and (5) the project as proposed, preserves an additional 4.3 acres of the proje open space than oripally anticipated under MP 177, no environmental impacts are anticipated. TI no public comments received in response to the Conditional Negative Declaration. Phvsical Environment 1. The project site contains no unstable earth conditions. The project as proposed includes grading (60' of fill) within the Phase IV area located adjacent to the alga Road/Poinsettia L; intersection. This fill can however be adequately developed upon, through implemer standardized soils compaction and stability measures. No unstable earth conditions will re project development. Grading of the project site consistent with the proposed tentative map would require consider movement 342,400 cubic yards cut 578,000 cubic yard, fill. Potential visual effects associate( grading shall be mitigated through conformance with the design guidelines and development of the City's Hillside Ordinance. Visual impacts associated with project land from modificati mitigated through complete hydroseeding and landscaping of manufactured slopes a 2. implementation of project landscaping# 3. Drainage and erosion control faciIities (desiltation basins, storm drain and terrace drain incorporated into the project to adequately reduce potential soil erosion impacts. The projec be conditioned to richly landscape all manufactured slopes. Potential erosion impacts to Batiquitos Lagoon will be adequately mitigated as discussed i #3 above. Construction emission and fugitive dust generation impacts associated with project g considered short term and insignificant. Dust generation can be adequately controlled thou1 operations. Air quality impacts associated with future development of housing upon this considered significant in itself. Long term full mitigation of regional air qualiw impact s that dependence upon the automobile be reduced regionally and statewide. 4. 5. -6- a 0 DISCUSSION OF ENVIRONMENTAL EVALUATION (cont'dl * 6. In that no sv~ctural development is proposed at this time, impacts to air movement are not ant Air quality impacts from dust generation can be adequately controlled though watering OF during project grading. This project will not change the come or flow of water as no streams are located in the ked and all drainage waters will be handled by proposed drainage facilities. Development of ths project (tentative map grading and road construction) will create ir surfaces which would reduce absorption rates and incrementally increase runoff velocities. k to accommodate this increased mnoff, drainage facilities will be incorporated into this prc future residential development upon the site, thereby mitigating this concern. tmplementation of the proposed project will incrementally contribute to the depletion of fo during grading operations and other natural resources required for project roadways. This SI incremental impact is not regarded as sipficant. 7. 8. 9. 10. See #9 above. 11. Two archaeological sites (SDi-6753, 6754) are located upon the subject property. As a cor approval of EIR 83-2(A) a testing program was carried out at these two sites. Most of the site is outside of the Aviara project area and the portions of the site that is within the propert the anticipated impacts mitigated through testing and analysis of recovered artifacts. The si$ testing undertaken at SDi 6753 resulted in a finding that the site is potentially sigruficant recovery program is recommended to be undertaken at this site prior to the initiation of grad data recovery program planned for SDi 6753 will involve the excavation of six square me tmplementation of this data recovery program at this site will adequately mitigate potentia resource impacts. This has been included as a condition for the project. The project site includes environmentally signtficant property which was placed under deed r by the Califoda Coastal Commission upon approval of Master Plan 177. flis proposal d into 2.01 acres of the protected habitat including 1.34 acres of sage scrub and .67 acres of C However, as mitigation for this encroachment, the project applicant is proposing to give bac restricted open space 2.79 acres of habitat which is of higher quality including 2.55 acres of ss and .24 acres of Chaparral. The increase in Coastal Sage Scrub by .78 acres is potentially ' to the California Gnatcatcher, which utilizes the habitat. No significant implcts to the abovementioned coastal sage scrub habitat are anticipated in th landscaping proposed adjacent to this habitat shall be required to be compatible and non-h As stipulated in MP-177, conversion of agricultural lands shall be permitted upon pa agricultural conversion fees. In accordance, the project applicant has already paid to the Stal Conservancy agricultural mitigation fees required for the development of the project site. 12. 13. 14. -7- 0 0 - DtSCUSSTON OF ENVIRONMENTAL EVALUATION (cont’dl 15. As discussed in X12 above, the previously deed restricted coastal sage habitat (or comparablc habitat) will be maintained in open space. Accordingly, no signLficant impacts to habitat or sp, anticipated. The project as proposed preserves in open space the majority of the previously deed restrictec sage scrub habitat. In addition, the project preserves in open space 4.3 additional acres than an under MP-177. The addition of this open space in association with previously deed resrrici space will function to provide adequate corridors for the movement of animals throughout th site. Development of this project will be consistent with the General Plan, Master Plan 177 (as a and the Mello I LCP (as amended). The land use changes proposed will be internally compatibl as being compatible with adjacent uses. As discussed in the Zone 19 Local Facilities Management Plan, with the payment of all fees implementation of all improvement conditions (ie. upgrading of the Batiquitos sewer pump construction of Alga Road and Batiquitos Drive), all public facilities and services will be avz meet the demands of the future development of 120 single family residences proposed on th site. Although the Tentative Map and Master Plan Amendment does not propose any actual development, any subsequent dwelling unit construction on site shall not be permitted Batiquitos Sewer Pump Station is upgraded. Construction of the project (grading and road development) may result in short term insi residential uses on the subject property will be acoustically compatible with surrounding exi future residential uses. At the time that future residences are constructed upon the subject traffic noise impacts from Alga Road/Pohsettia Lane shall be required to be mitigated. Future 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 th of hazardous substances. The proposed p@ect density of 2.2 du/acre is well below the density permitted upon the du/acre) per th Aviara Master Plan. In view of the reduced density, overall project envir effects should be reduced. The project will provide additional housing units to meet existing demand. 16. 17. 18. 19. 20. construction noise impacts upon surrounding existing and proposed residences, Otherwise, t 21. 22. 23. 24. 25. A total of 1,200 average daily vehicle trips will be generated by the project which WII nor sig impact the circulation system as discussed in EIR 83-2(A) and LFMP-19. -8- 0 0 ' DISCUSSION OF ENVIRONMENTAL EVALUATION (cont'd) 26. The demand for perking facilities created by this project will be satisfied onsite. TWO garage sp, be provided for each unit and adequate on street guest parking will be provided throughout [he The project will add 1200 ADT to Alga Road. Other surrounding streets will ais0 carry panic of this traffic. This minor increase in traffic upon d surrounding streets is not consider 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 confli with intersections with Alga Road. The project will not interfere with emergency response plans. Grading of the subject property would result in a short-term but unavoidable visual impac impact can, however, be mitigated through the following mitigation measures: (1) all man[ slopes shall be required to be fully hydroseeded and irrigated immediately following rough grac (2) all manufactured slopes shall be required to be undulated and contour graded consistent Hillside Development Ordinance. When a future site development plan is processed over this j rich landscaping shall be incorporated into the project design. As proposed, the project will have no impact on existing recreational opportunities. Implen of this project will, however, ensure the preservation of 15.2 acres of natural open space ar 27. 28. 29. 30. 31. 32. -9- a 0 -A ANALYSIS OF WLE-ALTERNATNES TO THE PROPOSED PROJECT SUCH AS: a) Phased development of the project, b) alternate site designs, c) altemate scale of development, d) alternate uses for the site, e> development at some future time rather than now, f) alternate sites for the proposed, and g) no project alternative. a) The 120 residential lots proposed with this project will be developed in 4 ' phases. Phasing, however will not likely result in an environmentally superior This project has been designed consistent with the Aviara Master Plan - Plam 24 conceptual site plans and the City's Hillside Ordinance. This project F preserve additional site acreage in natural open space than originally anticipatr the existing Master Plan. The potential scale (number of dwelling units) of this project will be reduced f du's to 120 du's with the approval of this Master Plan Amendment. Any change of land use upon the subject property would necessitate a Genc Amendment and a Master Plan Amendment. In that this project would res1 development of lowmedium density residential (2.2 ddac), it is regard€ environmentally preferable alternative. The project will result in the grading and subdivision of Aviara Planning Are future site development plan application will be required to be processed thr City. No structural development will be permitted on-site unless all public faci available concurrent with demand. tn accordance with these requirements, th will likely be developed in increments and over time. The project is proposed in a Master Plan area over which an EIR has ahel certified (EIR 83-2(A)). As discussed in the EIR, this site is regardec: environmentally preferable site for the proposed project. Thr "no project" alternative is not in conformance with the General Plan/M: b) c) d) e) f) g) mtion for the properry. Hence, it is not regarded as environmentally p -10- e 0 - DETERMINATION (TO Be Completed By The Planning Department) On the basis of this initial evaluation: - t find the proposed project COULD NOT have a sipficant effect on the environment, and a NE DECLARATION will be prepared. t find that the proposed project COULD NOT have a significant effect on the environment, be( enhironmental effects of the proposed project have already been considered in conlunct previously cenified environmental documents and no additional environmental re\.iew is Therefore, a Notice of Determination has been prepared. - X t find that although the proposed project could have a significant effect on the environment, not be a significant effect in this case because the mitigation measures described on an atra 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 ENVIROh IMPACT REPORT is required. - 3 ‘-a(( ,‘,I; 1( ’ 1; L -(- L- AJ \i;&&&@,3l& ,I Date Signature -. 3/! e/q I bate ’ Planning Dkecfbr J CDD:km LIST MITIGATING MEASURES (IF APPLICABLE] 1. All manufactured slopes greater than 2’ in height shall be required to be fully hydroseeded anc immediately fallawing project rough grading. All manufactured slopes adjacent ro CO~ restricted habitat areas shall be required to be vegetated with similar native species. Pr issuance of a grzrding permit, a landscape and irrigation plan (which includes a tim implernentatioa shall be submitted for review by the Planning Director. Prior to the issuance of a grading permit, all coastal “Give Back” areas shall be required to under a deed restriction which prohibits any encroachment for development into thosi perpetuity. This project is approved subject to the condition that no project grading shall be permitted Black Tailed Gnatcatcher breeding season (March 1 - June 1). 2. 3. -11- e 0 - MITIGATING MEASURES. (cont'd) 4. All deed restricted habitat areas shall be required to be staked and flagged in the field by a biologist prior to the issuance of grading permits. All deed resmcted areas shall be require clearly demarcated on all projecl: grading plans. Prior to the initiation of project grading, a cultural resources data recovery program shall be cc at site SDi 6753. This data recovery program shall involve the excavation of six square meter tt .As soon as this data recovery mitigation program is completed, a letter from the arch' consultants confirming this shall be required to be submitted to the Carlsbad Planning Depai 33. Prior to the occupancy of any future affected dwelling units within this Planning kea, thi applicant shall constmct the sound attenuation walls along Alga Road and future Poinsettia described in the Acoustical Analysis for PA-24 (Mestre Greve, 1990). The project applicant 5 incorporate all required traffic noise mitigation measures (mechanical ventilation) describe acoustical analysis into the effected units. 5, P ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) -12- . 0 0 . MPLICANT 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, 3 IS 91 Rh PY L 7, pulM pN(W L@ IJ+W) ture DtP. Pw-& 4 @%bid CDD:km -13- APPENDIX P I E”TAL WGAnON MO-mx&m.sr Page 1 of 1_ 4 I B !i ajw3 Y m W -CY -u g 3 !l 222 .SZ?. g.2 g 723 ‘2 :g a ~ o“0 SA u .e &a as :I boo Q1 3 4 -g+J “E pc “8 a L.l aP $e 0; 94 205 3- g sn 2gaJ 2.: E 9 3 .g $2 .gJ g b# e-g -g :-*s 5 Ggg 8 .ti -8 n $ p z eo II 1, f g gd * eqg .YQ &“a e bQ*z -g a -g 0 II 9 B os v) 3aw g tq CaJ m> - 1 Pgh w 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 l7 18 19 20 21 22 23 24 25 26 27 28 0 a PLANNING COMMISSION RESOLUTEON NO. 3230 A RESOLUTION OF THE PLANNING C~MMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF ATENTATNE TRACT MAP FOR AVIARA PLANNING AREA 24 ON PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE ALGA ROAD/POINSETTIA LANE INTERSECTION. CASE NAME: AVIARA PLANNING AREA 24 CASE NO.: CT 90-15 WHEREAS, a verified application for certain property to wit: Portion of Sections 22,26,27,28,33 and 34 in Township 12 south, Range 4 west, in the City of Carlsbad has been filed with the City of Carlsbad and referred to the Planning Commission; WHEREAS, said verified application constitutes a request as provided by Tit1 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 29th day of May, 1991, hc duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony arguments, if any, of all persons desiring to be heard, said Commission considere factors relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commissic follows: A) B) That the above recitations are true and correct. That based on the evidence presented at the public hearing, the Commi: recommends APPROVAL of CT 90-15, based on the following findings and sul to the following conditions: Findin=: 1. The project is consistent with the City‘s General Plan and MP-177 since maximum permitted density of 2.16 du’s/acre is within the density range ol du’s/acre specified for the site as indicated on the Land Use Element of the Ger Plan, and is at or below the growth control point of 3.2. IT 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 e e 2. The site is physically suitable for the type and density of the develop permitted through Master Plan 177. The Planning Commission has, by inclusion of an appropriate condition tc project, ensured that the final map will not be approved unless the City Cc finds that sewer service is available to serve the project. In addition, the PlaI Commission has added a condition that a note shall be placed on the final that building permits may not be issued for the project unless the City Eng determines that sewer service is available, and building cannot occur withi project unless sewer service remains available, and the Planning Commissi satisfied that the requirements of the Public Facilities Element of the General have been met insofar as they apply to sewer service for this project. School fees will be paid to ensure the availability of school facilities ii Carlsbad School District. Park-in-lieu fees are required as a condition of approval. All necessary public improvements have been provided or will be requirl I 3. 4. 5. 6. conditions of approval. The applicant has agreed and is required by the inclusion of an appro1 condition to pay a public facilities fee. Performance of that contract and pay of the fee will enable this body to find that public facilities will be ava: concurrent with need as required by the General Plan. The proposed project is compatible with the surrounding future land uses surrounding properties are designated for single family residential developme the General Plan. This project will not cause any significant environmental impacts and a Miti: Negative Declaration has been issued by the Planning Director on March 28, and RECOMMENDED FOR APPROVAL by the Planning Commission on Ma 1991. In approving this Mitigated Negative Declaration the Planning Cod has considered the initial study, the staff analysis, all required mitigation mea and any written comments received regarding the significant effects this pi could have on the environment. The applicant is by condition, required to pay any increase in public faciliq or new construction tax, or development fees, and has agreed to abide b-( 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. 7. 8. 9. I 10. PC RES0 NO. 3230 -2- I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e e 11. 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. This project was subject to Chapter 21.95 of the Carlsbad Municipal Code (H Ordinance) and meets all the requirements of that Chapter to ensure the ser treatment of the City's hillside resources. The project is in compliance with Carlsbad's Interim Open Space Ordinance The Tentative Tract Map, CI' 90-15, satisfies all requirements of the SUM1 Ordinance and the State Map Act. As discussed in the staff report, this project adequately mitigates enmad into coastal deed restricted areas. The project, CT 90-15, is in compliance with the underlying Mello 1 Local Cc Program. 12. 13. 14. 15. 16. Conditions: 1. Approval is granted for CT 90-15, as shown on Exhibit(s) "A" - "Kt, dated Apr 1991, incorporated by reference and on file in the Planning Depart] Development shall occur substantially as shown unless otherwise noted in conditions. The developer shall provide the City with a reproducible 24" x 36", mylar cc the Tentative Map as approved by the Planning Commission. The Tentative shall reflect the conditions of approval by the City. The Map copy sk submitted to the City Engineer prior to building, grading or improvement 2. submittal, whichever occurs first. 3. A 500' scale mylar map of the subdivision shall be submitted to the Plar Director prior to the recordation of the final map. Said map shall show a1 and streets within and adjacent to the project. This project is approved upon the express condition that the final map shal be approved unless the City Council finds as of the time of such approval sewer service is available to serve the subdivision. 4. ..... ..a'. ..... PC RES0 NO. 3230 -3- 1 2 3 4 5 t3 'I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 5. 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 ax 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 subdivider's agreement to pay the F facilities fee dated April 30, 1991, a copy of which is on file with the City and is incorporated by this reference. If the fees are not paid this applicatior not be consistent with the General Plan and approval for this project will be The applicant shall pay park-in-lieu fees to the City, prior to the approval o final map as required by Chapter 20.44 of the Carlsbad Municipal Code u previously excluded by the Parks Agreement between the City and Aviara Associates dated June 1, 1989. The applicant shall provide school fees to mitigate conditions of overcrowdii part of building permit application. These fees shall be based on the fee schr in effect at the time of building permit application. All or a portion of said may be waived subject to the approval of the Carkbad Unified school Dist~ Water shall be provided to this project pursuant to the Water Service agree between the City of Carlsbad and the Carlsbad Municipal Water District, dated 25, 1983. This project shall comply with all conditions and mitigation required by M Plan 177 and the Zone 19 Local Facilities Management Plan approved by the Council on December 22, 1987, incorporated herein and on file in the Plan Department and any future amendments to the Plans made prior to the issu of building permits. If any condition for construction of any public improvements or facilities, o payment of any fees in lieu thereof, imposed by this approval or imposed bj on this project are challenged this approval shall be suspended as providf Government Code Section 65913.5. If any such condition is determined t invalid this approval shall be invalid unless the City Council determines tha project without the condition complies with all requirements of law. Approval of this request shall not excuse compliance with all sections 01 Zoning Ordinance and all other applicable City ordinances in effect at tirr building permit issuance. Approval of CT 89-39 is granted subject to the approval of MP-l77(D), LCPA 5 HDP 90-20. 6. 7. 8. 9. 10. 1 I 11. 12. ..... PC RES0 NO. 3230 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 3.6 17 3.8 19 20 21 22 23 24 25 26 27 28 e e 13. The applicant shall annex the Aviara Planning Area 24 open space areas int Aviara Master homeowner's association concurrent with the recordation c ha1 map. The applicant shall prepare a detailed landscape and irrigation plan which sh submitted to and approved by the Planning Director prior to the issuan grading or building permits, whichever occurs first. 14. 15. A master plan of the existing onsite trees shall be provided to the Pla; Director as part of the final grading plan to determine which trees sh: required to be preserved prior to the issuance of a grading permit or a bui permit, whichever occurs first. All landscaped areas shall be maintained in a healthy and thriving condition from weeds, trash, and debris. Existing onsite trees shall be retained wherever possible and shall be trin and/or topped. Dead, decaying or potentially dangerous trees shall be appi for removal at the discretion of the Planning Department during the review Master Plan submitted showing existing onsite trees. Those trees whicl approved for removal shall be replaced on a tree-for-tree basis as required b Planning Department. The developer shall install street trees at the equivalent of 40-foot intervals i 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 Guide Manual and submitted per the landscape plan check procedures on file ir Planning Department. 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 equipmen design shall promote water conservation. All herbicides shall be applied by applicators licensed by the State of Califor The applicant shall pay a landscape plan check and inspection fee as require Section 20.08.050 of the Carlsbad Municipal Code. 16. 17. 18. 19. 20. 21. 22. 23. ..... PC RES0 NO. 3230 -5- I 1 2 3 4 5 6 7 8 9 lo 11 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e 24. As part of the plans submitted for building permit plan check, the applicant : 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. AU conditions of Mitigated Negative Declaration Resolution No. 3227 incorporated herein by reference. Prior to final map approval for CT 90-15, the project applicant or their succc in interest shall enter into an agreement with the City to provide the Aviara hk Plan's proportional share of the City's total obligation for very low, low moderate income housing units. This project is approved subject to the condition that a Site Development must be approved by the Cityy prior to the issuance of any residential buil 25. 26. 27. permits. 28. The applicant shall establish a homeowner's association and correspon covenants, conditions and restrictions. Said CC&R's shall be submitted to approved by the Planning Director prior to final map approval. The CC&R's : include provisions specifying Master homeowners association or P1 neighborhood homeowners association maintenance responsibility for all nat and manufactured project open space areas. The applicant shall submit a street name list consistent with the City's street n policy subject to the Planning Director's approval prior to final map approva This project is approved subject to the condition that all project landsca proposed on Exhibits "I" - "J", dated April 12, 1991 shall be irrigated . reclaimed water. Prior to the recordation of the first final tract map the owner of record of property within the boundaries of this tentative tract map shall prepare and ra a notice that this property is subject to overflight, sight, and sound of air( operating from McCldan-Palomar Airport in a manner meeting the approval oj Planning Director and the City Attorney. The applicant shall post aircraft n notification signs in all sales and/or rental offices associated with the development. The number and locations of said signs shall be approved by Planning Director. Prior to the issuance of a grading permit or the recordation of the final map, project applicant shall receive a Coastal Development Permit that appn development that is in substantial conformance with this City approval. Coastal Permit shall be required to be submitted to the City Planning Departn for review prior to the issuance of a grading permit. 29. 30. 31. 32. PC RES0 NO. 3230 -6- 1 2 3 4 5 f3 7 8 9 10 11 12 13 14 15 16 I.7 18 19 20 21 22 23 24 25 26 27 28 0 e 33. This project is approved subject to the understanding that all required imp< graded material shall be obtained from the Aviara Master Plan kea. If imported soil is to be obtained from any other area, ~a a corn envirOnmental review and other necessary permits shall be required. &e: 34. Additional public and/or onsite fire hydrants shall be provided if deemed nece: by the Fire Marshal. The applicant shall submit two (2) copies of a site plan showing locatioi existing and proposed fire hydrants and onsite roads and drives to the Fire Ma for approval prior to issuance of a building permit. An all-weather access road shall be maintained throughout construction. All required fire hydrants, water mains and appurtenances shall be operatj prior to combustible building materials begin located on the project site. Proposed security gate systems shall be provided with "Knox" key ope1 override switch, as specified by the Fire Department. Brush clearance shall be maintained according to the specifications contain( the City of Carlsbad Landscape Manual. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinl and other systems pertinent to the project shall be submitted to the Department for approval prior to construction. All roof-top appurtenances shall be architecturally integrated into the design c building and shielding to prevent noise and visual impacts, subject to appi before issuance of permit. 35. 36. 37. 38. 39. 40. 41. Enaineerinq: 42. This project is located within the Mello I and Mello I1 management plans. development design shall comply with the requirements of that plan. Unless a standard variance has been issued, no variance from City Standarl authorized by virtue of approval of this tentative map. The applicant shall comply with all the rules, regulations and design requiren of the respective sewer and water agencies regarding services to the project 43. 44. ..... PC RESO NO. 3230 -7- 1. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e 45. The applicant shall be responsible for coordination with S.D.G.&E., Pal Telephone, and Cable TV authorities. This project is approved as four (4) recordation units. Construction phasing be allowed subject to the approval of a construction phasing plan by the Plan Director and City Engineer. The applicant shall provide an acceptable means for maintaining the easem within the subdivision and to distribute the costs of such maintenance iI equitable manner among the owners of the units within the subdivision. Adeq provision for such maintenance shall be included with the CC&R’s subject tc approval of the City Engineer. All concrete terrace drains shall be maintained by the homeownefs associatio on commonly owned property) or the individual property owner (if 01 worded statement clearly identifylng the responsibility shall be placed in CC&R’s. This subdivision contains a remainder parcel. No building permit shall be is for the remainder parcel until it is further subdivided pursuant to the provi: of Title 20 of the Carlsbad Municipal Code. This note shall be placed 1 separate sheet of the final map. Approval of this tentative tract map shall expire twenty-four (24) months fror date of City Council approval unless a final map is recorded. An extension be requested by the applicant. Said extension shall be approved or denied a discretion of the City Council. In approving an extension, the City Council impose new conditions and may revise existing conditions pursuant to Se 20.12.110(a)(2) Carlsbad Municipal Code. The applicant shall defend, indemnify and hold harmless the City and its ag officers, and employees from any claim, action or proceeding against the Ci its agents, officers, or employees to attack, set aside, void or null an appro\ the City, the Planning Commission or City Engineer which has been brc against the City within the time period provided for by Section 66499.37 o Subdivision Map Act. Prior to approval of the final map, the applicant shall enter into an agreement the City to pay any drainage area fees established as a result of the forthco Master Drainage Plan Update. The owner of the subject property shall execute a Hold Harmless Agree regarding drainage across the adjacent property prior to approval of the of thc ha1 map or grading permit issuance whichever occurs first for this project 46. 47. 48. individually owned lot and not in an open space easement), An approprii 49. 50. 51. 52. 53. PC RES0 NO. 3230 -8- 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 e 0 54. The subject property is within the boundaries of Assessment District No. (Alga Road). Upon the subdivision of land within the district boundarie! applicant may pass through assessment to subsequent owners & if the app has executed a Special Assessment District Pass-through Authorization Agree Said Agreement contains provision regarding notice to potential buyer c amount of the assessment and other provision and require the applicant to each buyer receive and execute a Notice of Assessment and an Option Agree In the event that the applicant does not execute the Authorization Agreemer assessment on the subject property must be paid off in full bv the applicant to any subdivision of the land. As required by state law, prior to the recordation of a final map over any 1 all subdivided lots. By applying for a segregation of assessments, the apF agrees to pay the fee to cover the costs associated with the segregatio segregation is not required if the applicant pays off the assessment on the s property prior to the recordation of the final map. In the event a segregat assessments is not recorded and property is subdivided, the full amoi assessment will appear on the tax bills of & new lot. This project requires a grading permit. All grading shall occur in accordancc City Ordinances, Engineering Standards and Policies. No grading shall occur outside the limits of the subdivision unless a grad slope easement is obtained from the owners of the affected properties. applicant is unable to obtain the grading or slope easement, no grading per final map will be issued. In that case the applicant must either amer tentative map or change the slope so grading will not occur outside the projc in a manner which substantially conforms to the approved tentative IT determined by the City Engineer and Planning Director. All grading shall occur at one time with recordation of the first unit. No GI may be allowed prior to the recordation of the first unit unless approved ' Community Developer Director, Pldg Director, and City Engineer. 55. subject property, a segregation of assessments must be completed and record 56. 57. 58. 59. Prior to hauling dirt or construction materials to or from any prc construction site within this project, the applicant shall submit to and I approval from the City Engineer for the proposed haul route. The applican comply with all conditions and requirements the City Engineer may impos regards to the hauling operation. 60. Additional drainage easements may be required. Drainage structures sk provided or installed prior to the issuance of grading or building permit as I required by the City Engineer. PC RES0 NO. 3230 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 m a 61. The applicant shall place the following notes on a non-mapping data sheet o final map: Geotechnical Caution: The owner of this property on behalf of itself and all of its successors in int has agreed to hold harmless and indemnify the City of Carlsbad from any a that may arise through any geological failure, ground water seepage or subsidence and subsequent damage that may occur on, or adjacent to, subdivision due to its construction, operation or maintenance. The owner shall make an offer of dedication to the City for all public streets easements required by these conditions or shown on the tentative map. owner shall make an irrevocable offer of dedication for future Poinsettia Lax indicated on the tentative map. These offers shall be made by a certificate 01 final map for this project. All land so offered shall be granted to the City free clear of all liens and encumbrances and without cost to the City. Streets tha already public are not required to be rededicated. Direct access rights for all lots abutting Alga Road and future Poinsettia sk waived on the f5.d map. Direct access rights to multi-fronted lots shall be waived as indicated 01 62. 63. 64. tentative map. 65. Prior to approval of any grading or building permits for this project, the 01 shall give written consent to the annexation of the area shown within boundaries of the site plan into the existing City of Carlsbad Street Lighting Landscaping District No. 1. The form shall be provided by the City during improvement plancheck process. The drainage system shall be designed to ensure that runoff resulting from 10- frequency storms of 6 hours and 24 hours duration under developed condit are equal to or less than the runoff from a storm of the same frequency duration under existing developed conditions. Both 6 hour and 24 hour s durations shall be analyzed to determine the detention basin capacities nece! to accomplish the desired results. This may be handled within the Master 66. I area. 67. The applicant shall comply with the requirements of the Nation4 Polh Discharge Elimination System (NPDES) permit. The applicant shall provide management practices to reduce surface pollutants to an acceptable level prir discharge to sensitive areas. Plans for such improvements shall be approved b: City Engineer prior to approval of the final map or issuance of grading pel whichever occurs first. PC RES0 NO. 3230 -10- 1 2 3 4 5 6 7 €3 9 LO I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 0 68. Plans, specifications, and supporting documents for all public improvements be prepared to the satisfaction of the City Engineer. Prior to approval of the map in accordance with City Standards, the applicant shall install, or agrc install and secure with appropriate security as provided by law, improven shown on the tentative map and summarized below: A. Full street improvements for Nightshade Drive, Gull Court, Curlew Ter Caspian Lane, Sparrow Place, Oriole Court, Remsen Court and Wren Cc B. Design and construct street improvements as shown on the tentative ma Poinsettia Lane. The developer may bond and/or delay construction for t improvements for a period of five years. C. Public storm drain facilities. A note to this effect shall be placed on an additional map sheet on the final per the provisions of Sections 66434.2 and 66445 of the Subdivision Map P All improvements required in this project shall be constructed with the first map, except as indicated for Poinsettia Lane. Improvements listed above shall be constructed within a maximum of 18 mc of final map approval and/or improvement plan approval, whichever occurs except as indicated for Poinsettia Lane. Drainage outlets into the open space shall be designed to minimize erosion. The storm drain system proposed to carry flows generated to the north oj project wiU require special design subject to the approval of the City Engine The developer shall dedicate a 56 foot drainage easement for the deep storm c between Lots 102 and 103. This easement shall also be offered for dedicatioi a public road to access northerly property along with the slope easemeni indicated on the Tentative Map. 69. 70. 71. 72. 73. 74. Due to the steep grade, the access road to the stom drain between Lots 102 103 shall be bmhed concrete or as approved by the City El@neer. All open space lots (Lots 119, 120, 121 and 122) shall be owned in fee maintained by the AViara Master Association. All lots with sight distance corridors shall record a notice restricting he$ landscaping and structures to 30" above the street concurrent with final recordation. 75. 76. PC RES0 NO. 3230 -11- m 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 0 e 77. The developer shall record open space easements to be maintained by the Master Association or Planning Area 24 homeowners association on the SI Lots 100,101 and 102 and 103. Any encroachment throughout construction into deed restricted or undi open space for the purpose of grading will require an amendment to the tt map and approval of the California Coastal Commission. A note to thi shall appear on the final grading plan. Prior to the commencement of any grading activities, the developer shall fc the deed restricted and undisturbed open space to the satisfaction of th Engineer and the Planning Director. A note to this effect shall appear on t 78. 79. grading plans. 80. Prior to building permit issuance, Alga Road shall be constructed to major standards or better, from Mimosa Street to El Camino Red to the satisfa the City Engineer. Utilities & Maintenance: 81. Any proposed water services requiring backflow protection per City 01 must have backflow assembly proposal approved by the Utility Main Director. Water: 82. The entire potable and non-potable water system/systerns for subject proj be evaluated in detail to ensure that adequate capacity and pressure for dl landscaping and fire flow demands are met. The developer’s engineer shall schedule a meeting with the District Engi~ the City Fire Marshal and review the preliminary water system layout preparation of the water system improvement plans. i 84. The developer will be respoflsible for all fees, deposits, and changes. TI facility charge and the San Diego county Water Authority capaaty dq be collected at time of issuance of building permit. This project is approved upon the express condition that building permits be issued for development of the subject property unless the water distric the development determines that adequate water and service is availab time of application for water Service and will continue to be available u 83. 85. of occupancy. .... PC RES0 NO. 3230 -12- 11 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 PASSED, APPROVED, AND ADOPTED at a regular meeting of the P1 Commission of the City of Carlsbad, California, held on the 29th day of May, 1s the following vote, to wit: AYES: Chairperson Holmes, Commissioners: Schlehuber, Schramm, 1 Noble & Hall. NOES: Commissioner Erwin. ABSENT: None. ABSTAIN: None. ROBERT HOLMES, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOMILLEK PLANNING DIRECTOR PC RES0 NO. 3230 -13- . 1 2 3 4 5 6 7 8 9 LO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e PLANNING COMMISSION RESOLUTION NO. 3229 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A LOCAL COASTAL PROGRAM AMENDMENT PROGRAM TO REWSE DEVELOPMENT STANDARDS AND DESIGN GUIDELINES FOR RESIDENTIAL PLANNING AREA 24, AND TO CHANGE PERMITTED RESIDENTIAL LOT SIZES FROM SMALL LOT SINGLE FAMILY TO SINGLE FAMILY (MINIMUM 7500 SF) WITHIN PLANNING AREAS 24 TO ENSURE CONSISTENCY BETWEEN THE GENERAL PLAN, MASTER PLAN 177 AND THE LCP, ON PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE ALGA ROAD/POINSETTIA LAND INTERSECTION. (LCPA 90-6) TO AMEND THE EXISTING LOCAL COASTAL LCPA 90-6 - AVIARA PLANNING AREA 24 WHEREAS, California State Law requires that the Local Coastal Prc General Plan, and Zoning for properties in the Coastal Zone be in conformance; a WHEREAS, MP-177 constitutes the zoning for the Aviara Master Pla WHEREAS, a verified application for an amendment to the Pacif Country Club and Resort (AViara) Master Plan (MP-177) Local Coastal Plan has be( with the Planning Department; and WHEREAS, said verified application constitutes a request for an me1 as provided in Title 21 of the Carlsbad Municipal Code; and WHEREAS, the amendment to the Master Plan necessitates an mer to the Local Coastal Program (LCP) to ensure conformance between the reg documents; and WHEREAS, the City in compliance With State Administrative reg opened a six week public review for the proposed LCP amendment; and .-. .. 1 2 3 4 5 6 7 8 9 10 11 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 WHEREAS, the Planning Commission of the City of Carlsbad, on June 5, held a public hearing to consider the recommendations and heard all persons intere! or opposed to Local Coastal Program Amendment LCPA 90-6; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Corn of the City of Carlsbad, California, as follows: 1. 2. That the above recitations are true and correct. That the proposed LCP amendment is consistent with the prc: Master Plan Amendment No. MP-l77(D) 3. That, because the Pacific Rim Country Club & Resort Mastei (Aviara) is the implementing ordinance of the Local Coastal Program, the finding conditions of Planning Commission Resolution No. 3228, incorporated herein by ref( constitute the findings of the Planning Commission in this matter, and the amendm the Local Coastal Program, LCPA 90-6, is hereby recommended for APPROVAL. ... -.. .-- ... ... ... ... **- .*- PC RES0 NO. 3229 -2- I . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 PASSED, APPROVED, AND ADOPTED at a regular meeting of the P1 Commission of the City of Carlsbad, California, held on the 29th day of May, 1991, following vote, to wit: AYES: Chairperson Holmes, Commissioners: Schlc Schamm, Savary, Noble & Hall. NOES: Cornrnissioner Erwin. ABSENT: None. ABSTAIN: No CARLSBAD PLANNING COMMISSION ATTEST: PLANNING DIRECTOR PC RES0 NO. 3229 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3231 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT ON PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE ALGA ROAD/POINSETTIA LANE INTERSECTION. CASE NAME: AVIARA PLANNING AREA 24 CASE NO.: HDP 90-20 WHEREAS, a verified application for certain property to wit: Portion of Sections 22,26,27,28,33 and 34 in Township 12 south, Range 4 west, in the City of Carlsbad, has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 29th day of May, 1991, consider said request; and WHEREAS, at said hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Planning Commission Determination; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of HDP 90-2, based on the following findings and subject to the following conditions: FindinRs: 1. All findings of CT’ 90-15, Resolution No. 3153 are incorporated herein by reference. 2. The project complies with all of the development and design provisions of the Hillside Ordinance. 1 fl Y v 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 e e 3. The net grading amounts of 7,407 cubic yards per acre falls within the acce range required by the City Hillside Development Ordinance. The project: (1) preserves significant environmental resources and all majoi slopes in open space and (2) incorporates terraced lots and cudlinear stree the projects design. The project does not encroach into major 40% slope areas. Although the project does create one manufactured slopes which exceed 3 in height, this slope is exempted and/or mitigated consistent with the H Ordinance. 4. 5. 6. Conditions: 1. All conditions of CT 90-15, Resolution No. 3230, and the Mitigated Ne Declaration Resolution No. 3227, are incorporated herein by reference. Approval is granted for HDP 90-20, as shown on Exhibits "A" - "K", dated API 1991, incorporated by reference and on file in the Planning Depart Development shall oca substantially as shown unless otherwise noted in conditions. Approval of HDP 90-20 is granted subject to the approval of CT 90-15. 2. 3. .a. ... ..* ... ... -.. ... ... ... .*- ... ... PC RES0 NO. 3231 -2- 8 +i )s v k 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e e PASSED, APPROVED, AND ADOPTED at a regular meeting of the Pk Commission of the City of Carlsbad, California, held on the 29th day of May, 19' the following vote, to wit: AYES: Chairperson Holmes, Commissioners: Schlehuber, Schramm, S Noble & Hall. NOES; Cornmissioner Erwin, ABSENT: None. ABSTAIN: None. ROBERT HOLMES, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: PLANNING DIRECTOR PC RES0 NO. 3231 -3-