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HomeMy WebLinkAbout1996-06-19; Planning Commission; Resolution 39471 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 PLANNING COMMISSION RESOLUTION NO. 3947 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP REVISION TO REVISE A CONDITION OF APPROVAL REGARDING SECONDARY ACCESS ON PROPERTY GENERALLY LOCATED ALONG FUTURE AMBROSIA LANE, NORTH OF ALGA ROAD, IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 19. CASE NAME: AVIARA PHASE I11 REVISION CASE NO: CT 92-03(A) WHEREAS, Aviara Land Associates has filed a verified application for c property to wit: A portion of the east half of the southeast quarter of Section 22, and a portion north half of Section 27, all in Township 12 south, Range 4 west, in the C Carlsbad, County of San Diego, State of California with the City of Carlsbad which has been referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for a Tentative Tract Revision as shown on Exhibits bbA"-"My, dated June 19, 1996, on file in the Pla Department and as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 19th day of June, 1996,l duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testi and arguments, if any, of all persons desiring to be heard, said Commission considered all f; relating to the Tentative Tract Map Revision. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. PC RES0 NO. 3947 -1- I/ 0 0 1 B) That based on the evidence presented at the public hearing, the Comi RECOMMENDS APPROVAL of a Tentative Tract Map Revision C 2 03(A), based on the following findings and subject to the following conditio 3 Findinw: 4 5 6 7 1. The Planning Director has found that, based on the EIA Part-11, this Subsequent P was described in the MEIR 93-01 as within its scope; AND there will be no addj significant effect, not analyzed therein; AND that no new or additional miti: measures or alternatives are required; AND that therefore this Subsequent Proj within the scope of the prior EIR; and no new environmental document nor 1 Resources Code 2 108 1 findings are required. 8 I1 2. The Planning Commission finds that: 9 10 11 12 13 14 15 a. the project is a subsequent development as described in CEQA Guid 15 168(c)(2) and (e), and 15 183; b. there was an EIR certified in connection with the prior 1994 General Update and Mitigated Negative Declarations approved in connection wi prior Aviara Phase I11 and Poinsettia Hill subdivisions; c. the project is consistent with the General Plan Master EIR (MEIR 93-01 the Mitigated Negative Declarations for Aviara Phase I11 (CT 92-03, Poinsettia Hill (CT 93-03); 16 17 d. the project has no new significant environmental effect not analyzed as signi in the prior EIR or Mitigated Negative Declarations; and 18 19 20 21 e. none of the circumstances requiring Subsequent or a Supplemental EIR CEQA Guidelines Sections 15 162 or 15 163 exist. 3. The Planning Commission finds that all feasible mitigation measures or p, alternatives identified in the MEIR 93-01 and the Mitigated Negative Declara have been incorporated into or made conditions of this Subsequent Project. 22 4. The Planning Commission finds that the project, as conditioned herein for CT 92-0 is in conformance with the Elements of the City's General Plan, based on the followi: 23 24 25 26 27 a. The project is consistent with the City's General Plan since none of the exi! approved land uses are proposed to change with the revision; b. Circulation - Primary and secondary access are still a condition of appl and installation of those circulation facilities must be in prior to occup and must conform to the City's cul-de-sac standard; 28 c. Noise - No alteration to the arrangement of land uses or noise sourc PC RES0 NO. 3947 -2- 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 a proposed; and d. Public Safety - Emergency access will be maintained throughout constr and upon occupancy by means of all-weather access roads and the pro of secondary access. 5. The project is consistent with the City-Wide Facilities and Improvements Pla applicable local facilities management plan, and all City public facility policie ordinances since: a. The project has been conditioned to ensure that the final map will not be apy unless the City Council finds that sewer service is available to serve the pr In addition, the project is conditioned such that a note shall be placed on thl map that building permits may not be issued for the project unless the C Engineer determines that sewer service is available, and building cannot within the project unless sewer service remains available, and the C Engineer is satisfied that the requirements of the Public Facilities Element General Plan have been met insofar as they apply to sewer service for this pr b. All necessary public improvements have been provided or are requir conditions of approval. c. The developer 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 avz concurrent with need as required by the General Plan. 6. The project has been conditioned to pay any increase in public facility fee, o construction tax, or development fees, and has agreed to abide by any addi requirements established by a Local Facilities Management Plan prepared pwsu; Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availabil public facilities and will mitigate any cumulative impacts created by the project. 7. This project has been conditioned to comply with any requirement approved as part Local Facilities Management Plan for Zone 19. 8. That the proposed map and the proposed design and improvement of the subdivis. conditioned, is consistent with and satisfies all requirements of the General Plsu applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the Subdivision Map Act, and will not cause serious public health problems, in tk proposed project is required to provide sidewalks, street lights, and fire hydran shown on the tentative map, or included as conditions of approval. All the collector, and major streets within this area would be constructed to full p street width standards, and have curb, gutters, sidewalks, and underground uti The proposed street system is adequate to handle the project's pedestrian vehicular traffic and accommodate emergency vehicles. PC RES0 NO. 3947 -3- 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 I l e 0 9. That the proposed project is compatible with the surrounding existing and futur uses since surrounding properties are designated for medium and low-m residential density development and open space in the General Plan; 10. That 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 at the d proposed, in that the residential development complies with all city policie standards, including zoning, without the need for variances from develol standards. 11. That the design of the subdivision or the type of improvements will not conflicl easements of record or easements established by court judgment, or acquired t public at large, for access through or use of property within the proposed subdivisi that the project has been designed and conditioned such that there are no COI with any established easements. 12. That the property is not subject to a contract entered into pursuant to the Conservation Act of 1965 (Williamson Act); 13. That the design of the subdivision provides, to the extent feasible, for future passi natural heating or cooling opportunities in the subdivision, in that lot sizes allow variety of building placement alternatives, including the adequate placemen separation of the homes, will allow utilization of natural heating and cc opportunities. 14. That the Planning Commission has considered, in connection with the housing pro- by this subdivision, the housing needs of the region, and balanced those housing : against the public service needs of the City and available fiscal and envirom resources; 15. That the design of the subdivision and improvements are not likely to cause subst environmental damage nor substantially and avoidably injure fish or wildlife or habitat, in that all feasible mitigation measures or project alternatives identifi MEIR 93-01 and the Mitigated Negative Declarations for Aviara Phase III(C' 03) and Poinsettia Hill (CT 93-03) which are appropriate to this project have incorporated into the project and no significant impacts to fish, wildlife or respective habitats will occur. 16. That the discharge of waste from the subdivision will not result in violation of ex! California Regional Water Quality Control Board requirements, in that the projecl adhere to City Engineering Standards and comply with the City's Master Drai Plan and the National Pollution Discharge Elimination System (NPDES) standa 17. The Planning Commission has reviewed each of the exactions imposed on the Deve contained in this resolution, and hereby finds, in this case, that the exactions are imy to mitigate impacts caused by or reasonably related to the project, and the extent an i PC RES0 NO. 3947 I -4- t I1 e 0 II 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 degree of the exaction is in rough proportionality to the impact caused by the projt that Cassia Road immediately serves the site and this project completes dedic; and improvements which are reasonable and proportionate for secondary 2 requirements. 18. The project, as designed, implements certain objectives and mitigation mea established by the General Plan Master EIR to reduce cumulative air q. impacts as applicable to a residential project of this scale. These include: prov links to public sidewalk systems; providing for safe pedestrian and bi movements within the project providing locations for public transit access; designing the project to accommodate pedestrian spaces as well as proposed pa: areas and building locations. Planning; Conditions: 1. The Planning Commission does hereby recommend approval of the Tentative ' Map Revision for the subdivision project entitled "Aviara Phase I11 Revisil (Exhibit "A" - "M" on file in the Planning Department and incorporated by this refe; dated June 19, 1996), subject to the conditions herein set forth. Staff is authorize1 directed to make or require the Developer to make all corrections and modifications. exhibitdor documents, as necessary to make them internally consistent and confo City Council's final action on the project. Development shall occur substantial shown on the approved exhibits. Any proposed development substantially different this approval, shall require an amendment to this approval. 2. Prior to approval of the final map, the Developer shall receive approval of a CI Development Permit issued by the California Coastal Commission that substar conforms to this approval. A signed copy of the Coastal Development Permit m1 submitted to the Planning Director. If the approval is substantially differen amendment to tentative tract map revision shall be required. 3. That condition number 3, item 3 of City Council Resolution No. 94-41, dated Janua 1994, and regarding a 30 foot wide temporary access easement, be deleted. 4. The following condition replaces condition number 58 of Planning Commi Resolution No. 3577 for CT 92-03, dated December 1,1996: Plans, specifications, and supporting documents for all public improvements shr prepared to the satisfaction of the City Engineer. In accordance with City Standard developer shall install, or agree to install and secure with appropriate security as pro' by law, improvements shown on the tentative map and the following improvements: A. PRIOR TO RECORDING THE FINAL MAP FOR THE FIRST PHAS THE SUBDIVISION, THE FOLLOWING IMPROVEMENTS REQUIRED 1). Poinsettia Lane within the subdivision boundaries shall have PC RES0 NO. 3947 -5- I1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 0 @ public improvements to major arterial standards or as approt the City Engineer and the Planning Director. 5. 2). Cassia Road within the subdivision boundaries shall have full improvements to local street standards. All sewer, watel drainage facilities, and any public utilities located under the pro roadway, shall also be constructed. 3). Ambrosia Lane within the subdivision boundaries shall hav public improvements to local street standards. 4). Within the subdivision boundaries Blackrail Court shall h between-curb width of 48 feet in a 68 foot wide right-of-way as ! on the tentative map from Alga Road to Street “I”. From Stre to the subdivision boundary the between-curb width shall taper 48 feet wide to 40 feet wide. The taper shall be to the satisfact the City Engineer. 5). Offsite Cassia Road from El Camino Real to Poinsettia Lane sh constructed with full width grading, 32 foot wide paved roadw: sewer, water and drainage facilities as may be required, plu: curb, gutter and sidewalk on the north side, subject to poi reimbursement by other adjacent development.. The City Eni may accept other streets or roadways that meet all require] including the cul-de-sac standard, All other conditions contained in Planning Commission Resolution No. 3577 fc 92-03, Aviara Phase 111, dated December 1, 1993, remain in full force and 4 except as modified herein 19 vehicular access shall be constructed to the satisfaction of the City Engineer a1 20 6. The developer shall allow vehicular access, including trucks, from Poinsettia west to the existing private farm access road knows as La Costa Boulevard. permitted both during and after construction of Poinsettia Lane and the projec 21 22 23 24 25 26 27 28 7. In the event Cassia Road is constructed by the developer to provide S~COI access to project site, the developer shall pay a proportional share of the CI install the traffic signal at Cassia Road and El Camino Real in accordance wii terms of the proposed reimbursement agreement between the City and the Loma developer. Code Reminders: 8. All building pad and street areas that are graded and remain vacant or undeve for a period of more than 6 months after the grading operation is completed sh seeded and adequately irrigated to reduce erosion and visual impacts. If grad PC RES0 NO. 3947 -6- *, , 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 phased, the six month time period shall start at the completion of each indil grading phase, subject to the review and approval of the Planning Direct0 PASSED, APPROVED, AND ADOPTED at a regular meeting of the P1: Commission of the City of Carlsbad, held on the 19th day of June, 1996, by the followin$ to wit: AYES: Chairman Compas, Commissioners Heineman, Monroy, Ni Noble, Savary and Welshons NOES: ABSENT: ABSTAIN: WILLIAM COMPA, Chairpekon CARLSBAD PLANNING COMMISSION ATTEST: - MICHAEL J. HOLZMILBR Planning Director I PC RES0 NO. 3947 -7-