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HomeMy WebLinkAbout1990-10-02; City Council; 10846; Aviara Planning Area 12” , . CIT’= >F CARLSBAD - AGENDI-JILL 49 a 0 DEPT. HD.- UNIT DEVELOPMENT AND TWO STANDARDS VARIANCE FOR AVIARA PLANNING AREA 12 DEPT. CA CT 89-39/PUD 89-19/SV 90-3/SV 90-4: AVIARA RECOMMENDED ACTION: If Council concurs your action is adopt Resolution No. %- 3.57 approving the mitigated negative declaration, tentative map (CT 89- 39) x. planned unit development permit (PVC 89-19), two standards variances (SV 90-3 and SV 90-4). ITEM EXPLANATION The City Council at your meeting of September 18, 1990 directed our office to prepare a resolution approving the mitigated negative declaration, tentative map (CT 89-39), planned unit development permit (PVC 89-19), two standards variances (SV 90-3 and SV 90-4). That document is attached. The Council should satisfy itself that the findings and conditions accurately reflect your intentions in the matter. EXHIBITS Resolution No. ?!i%Ev \I\r r(lTE IT - DON’T SAY i -I ! TO From File (CT. 89-39) LW Date 1o’4 Cl Reply Wanted q No Reply Necessary 19 9o Copy of Reso. 90-358 picked up by applicant 10/4/90. AIGNER FORM NO. 55-032 PRlNTED IN USA l_.------ _ 1 2 3 4 5 6 7 8 9 10 11 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 90-358 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A CONDITIONAL NEGATIVE DECLARATION, TENTATIVE SUBDIVISION MAP (CT 89-39), PLANNED UNIT DEVELOPMENT PERMIT (PUD 89-191, AND TWO STANDARDS VARIANCES (SV 90-3) AND (SV 90-4) FOR A 108 UNIT CONDOMINIUM PROJECT ON 26 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHEAST CORNER OF ALGA ROAD AND BLACK RAIL COURT - AVIARA PLANNING AREA 12 WHEREAS, on August 15, 1990 the Carlsbad Planning' Commission adopted Resolutions Nos. 3081, 3082, 3083, 3092 and 3093 recommending to the City Council that the mitigated Negative Declaration, Tentative Subdivision Map CT 89-39, Planned Unit Development PUD 89-19, Standards Variance SV 90-3 and Standards Variance SV 90-4, respectively, be approved: and WHEREAS, the City Council of the City of Carlsbad, on September 18, 1990 held a public hearing to consider the recommendations and heard all persons interested in or opposed to CT 89-39, PUD 89-19, SV 90-3 and SV 90-4; and WHEREAS, a mitigated Negative Declaration was issued on July 5, 1990 and submitted to the State Clearinghouse for a 30 day review period. All comments received from that review period are fully incorporated into the conditions of approval for the tentative map. These conditions will be reviewed through a monitoring program set up for the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,‘California, as follows: 1. That the above recitations are true and correct. 2. That the mitigated negative declaration on the above referenced project is approved and that the findings and conditions of the Planning Commission contained in Resolution No. 3081 marked . 1 2 3 4 5 6 7 a 9 10 11 12 - 9 % mum z?r-; .aag 13 Q-0 W% 88Q 14 &I Ii 'Ud 15 +>al< zWv)V oaati 16 WZ-1 203s '$gy >:'9 17 5 0 18 19 20 21 22 23 24 25 26 27 ! Exhibit A attached hereto are the findings and conditions of the City Council. 3. That the tentative subdivision map of this project (CT 89-19) is approved and that the findings and conditions of the Planning Commission contained in Resolution No. 3082 marked Exhibit B and attached hereto are the findings and conditions of the City Council except as amended and with the additional conditions as follows: 1. The findings and conditions of Planning Commission Resolution No. 3082 are revised as follows: a. Finding 9, last sentence: Mello II should be Mello I. b. Condition 6, eighth sentence: 1987 should be 1989. C. Condition 41: Mello II should be Mello I. d. Condition 44: Add "prior to final map" to the end of the condition. e. Condition 67: In second sentence insert word "approval" after word "plan". f. Delete Condition 81. 2. The subdivision is subject to the additional conditions as follows: a. ' Any phasing of this project shall be to the approval of the City Engineer and the Planning Director. b. This project shall have a total of nine lots. Lot "7" recreation area as shown on the tentative map shall be combined with Lot "6". The open space lots shall be renumbered Lot 7, 8 and 9. These changes shall be made on the approved tentative map. C. The following areas shall be granted as covenant for easement to all owners of condominium units (not the Homeowners' Association). These covenants for easements shall be conveyed by separate document' and recorded concurrent with the final map. 1. A common area in perpetuity as a covenant running with the land over the area shown as Lot "7" on the tentative map, being the common area for recreational purposes. 28 2 _- . . -. 2. A common area in perpetuity as a covenant running 1 with the land over all paved areas and sidewalks, except individual concrete driveways being the 2 common area for vehicular access, parking and private utilities. 3 3. A common area in perpetuity as a covenant running 4 with the land over Lots 1 through 6 inclusive, being the common areas. 5 6 These covenants for easement shall be binding upon all successors, assigns and transfers of covenantor. 7 a 9 10 11 12 2 g fF?%g .$Zal 13 Qpg dLLo") 14 ooas p53 u=-O i ' 9% 15 +tma zWv)V gBd,- 16 2032 '$8f? >2% 17 c 0 0 18 19 20 21 22 23 24 25 26 27 d. The three open space lots - Lots 7, 8 and 9, shall be deeded over to the Aviara Master Association concurrent with final map recordation per the agreement between the developer and Hillman Properties. 4. Planned Unit Development Permit PUD 80-19 is approved and that the findings and conditions of the Planning Commission contained in Resolution No. 3083 marked Exhibit C and attached hereto are the findings and conditions of the City Council except findings number 4 and 5 are deleted. 5. That Standards Variances for the project, SV 90-3 and SV 90-4, are approved and that the findings and conditions of the Planning Commission contained in Resolution Nos. 3092 and 3093 II /// /I /// /// //I /// /// /// /// /// /// /// 28 3 1 2 3 4 5 6 7 8 9 10 11 12 9 % mwo, 227 gpg 13 m 8%2a 14 pi'" '0 OL lisai 15 +tma ZWCOO WZd oaad ZOS$ 16 '$81? >sls 17 5 0 18 19 20 21 22 23 24 25 26 27 28 -- marked Exhibit D and Exhibit E and attached hereto are the findings and conditions of the City Council. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 2nd day of October 1990, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Mamaux and Pettine NOES: None ABSENT: None ATTEST: ALETHA L. RAtiTENKRANZ, City klerk (SEAL) 1 2 3 4 5 6 7 8 9 10 11 12 13 1*‘, ,I 15 16 17 18 // 19 11 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO: 3081 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY ‘OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A MITIGATED NEGATIVE DECLARATION FOR A TENTATIVE TRACT MAP/PLANNED UNIT DEVELOPMENT TO DEVELOP A 108 DWELLING UNIT CONDOMINIUM PROJECX. WENUMBER: AVIAlW-PLANNING AREA CASE NO: CT 89-39/PUD 89-19 r WHEREAS, the Planning Commission did on the 15th day of August, 1990, ; hold a duly noticed public hearing as prescribed by law to consider said request, and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff,- and considering any written comments received, the Planning Commission considered all factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing; the Planning Commission hereby recommends APPROVAL of the Mitigated Negative Declaration according to Exhibit “ND”, dated July 5, 1990, and “PII”, dated June 27, 1990, respectively, attached hereto and made a part hereof, based on the following findings and subject to the following condition: Fin-: 1. The initial study shows that there is no substantial evidence that the project may have a significant impact on the environment, provided that the mitigating collditions of ztppznial are complied with 2. The site has been previously graded pursuant to an earlier environmental analysis. (EIR 83-2(A)) 3. The streets are adequate in size to handle traffk generated by the proposed project. 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 20 f j$j 1 4. There are no sensitive resources located onsite or located so as to be significantly impacted by this project. Conditions: 1. Prior to the occupancy of any of the dwelling units, the project applicant shall construct a 6.0 foot high sound attenuation wall between Alga Road and the proposed dwelling units 2-9 along this road. The wall shall be constructed consistent with the recommendations of the Acoustical Study for Plaxming Area 12 (Mestre-Greve, 1990). Prior to the occupancy of units 2-9, the project applicant &all incorporate all required tratTic noise mitigation measure (ie: balcony barriers and mechanical ventilation) into these units as de&bed in the Acoustical Analysis for PA-12. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 15th day of August, 1990, by the following vote, to wit: AYES: Chairperson Schramm, Commissioners: Schlehuber, Erwin, Hall, Holmes and Marcus. NOES: McFadden. ABSENT: None. ABSTAIN: None. I SHARON SCH CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. PLANNING DIRECTOR PC RESO NO. 3081 K c. ** -2- - 1 2/ Ii 3 4 5’ PLANNING COMMESION RESOLUTION NO. 3082 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF ATENTATIVE TRACT MAP TO DEVELOP A 108 DWELLING UNIT CONDOMINIUM PROJECT ON PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF ALGA ROAD AND BLACK RAIL COURT. CASE NAME: AVIARA - PLANNING AREA 12 CASE NO: CT 89-39 6 7 WHEREAS, a verified application for certain property to wit: Lot 230 of Tract 85-35, Aviara, Phase I - Unit D, according to Map 12412 8 recorded June 29, 1989 911 h b as een filed with the City of Carlsbad and referred to the Planning Commission; and 10 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 15th day of August, 1990, hold a duly noticed public hearing as prescribed by law to consider said request; and 11 12 13 14 15 WHEREAS, at said public hearing, upon hearing and considering all testimony and 16 arguments, if any, of all persons desiring to be heard, said Commission considered all 17 factors relating to the Tentative Tract Map and Planned Unit Development. 18/i 19 II NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as i follows: 2o i 21/l A) That the above recitations are true and correct. 22 23 B) That based on the evidence presented at the public hearing, the Planning Commission recommends APPROVAL of CT 89-19 based on the following findings and subject to the fbllowing conditions: 25 26 27 28 The project is consistent with Master Plan 177 since the pro@ net density of 5.93 du/acre is within the permitted density of 12.1 du/acre as specSed within Master Plan 177. 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 3. 4. 5. 6. 7. 8. 9. 10. . . . The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed. The Planning Commission has, by inclusion of an appropriate condition to this project, ensured that the final map will not be approved unless the City Council finds that sewer service is available to serve the project, In addition, the Planning Commission has added a condition that a note shall be placed on the final map that building permits may not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. The dedication of the 12.4 acre s&o! site at the intersection of Alga Road and Ambrosia Lane is acceptable as mitigation of the impact to existing Carlsbad Unified School District school facilities. The dedication of a 24.25 acre park”site at the northern terminus of Ambrosia Lane satisfies park fee requirements. All necessary public improvements have been provided or will be required as conditions of approval. The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to fmd that public facilities will be available concurrent with need as required by the General Plan. Assurances have been given that adequate sewer for the project will be provided by the City of Carlsbad. As discussed in’the stafireport, the project is: (1) consistent with the development standad of the Avkra Master Plan 177 and the Planned Dew&pment Ordinance; (2) in conf mmance with the Design Czitexia of Master Plan 177; (3) in compliance with the Citfs Noise Policy NO. 17 as conditioned; and (4) is in conformance with theMelloIILodCoastdprogram, The proposed project & compatible with the surrounding future land uses since s~ounding properties are designated for Open Space and Recreational Commercial development on the General Plan. PC RESO NO. 3082 -2- ” .f ,::y:: .- 1.. l 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 11. This project will not cause any significant environmental impacts and a Mitigated Negative Declaration has been issued by the Planning Director on July 5, 1990, and Recommended for Approval by the Planning Commission on August 15,199O. In recommending approval of this Mitigated Negative Declaration the Planning Commission has considered the initial study, the staff analysis, all required mitigation measures and any written comments received regarding the significant effects this project could have on the environment. 12. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 13. This project is consistent with the City’s Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 19. Conditions: 1. 2. 3. 4. . . . . . . Approval is granted for CT 89-39, as shown on Exhibits “A” - “O”, dated July 18, 1990, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. The developer shall provide the City with a reproducible 24” x 36”, mylar copy of the Tentative Map as approved by the Planning Commission. The Tentative Map shall reflect the conditions of approval by the City. The Map copy shall be submitted to the City Engineer prior to building, grading or improvement plan submittal, whichever occurs first. A 500’ scale map of the subdivision shall be submitted to the Planning Director prior to the recordation of the final map. Said map shall show all lots and streets within and adjacent to the project. This project is approved upon the express condition that the fmal map shall not be approved unless the City Council finds as of the time of such approval that sewer serYice is available to serve the subdivision. PC RESO NO. 3082 -3- - 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. 9. 10. 11. . . . This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the Enal map. This project is also approved under the express condition that the applicant pay the public facilities fee adopted by the City Council on July 28, 1987 and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or facilities and improvement plan and to fulfill the subdivideis agreement to pay the public facilities fee dated December 4, 1989, and the agreement to pay the Growth Management Fee dated December 4, 1987, copies of which are on file with the City Clerk and are incorporated by this reference. If the fees are not paid this application will not be consistent with the General Plan and approval for this project shall be void. Water shall be’provided to this project pursuant to the Water Service agreement between the City of Carlsbad and the Carlsbad Municipal Water District, dated May 25, 1983. This project shall comply with all conditions and mitigation required by the Zone 19 Local Facilities Management Plan approved by the City Council on December 22, 1987, incorporated herein and on file in the Planning Department and any future amendments to the Plan made prior to the issuance of building permits. If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof, imposed by this approval or imposed by law on this project are challenged this approval shall be suspended as provided in Government Code Section 65913.5. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building petit issuance. The applicant shall establish a homeowner’s association and corresponding covenants, conditions and restrictions. Said CC&R’s shall be submitted to and approved by the Planning Director prior to final map approval. PC RESO NO. 3082 -4- - 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 /I I’ I /I i’ /; 1’ ‘I /I I // I ;: I I 1 \i 12. The applicant shall submit a street name list consistent with the City’s street name pohcY subject to the Planning Director’s approval prior to final map approval. 13. The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to the issuance of grading or building permits, whichever occurs first. 14. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 1s. The developer shall install street trees at the equivalent of 40-foot intervals along all public street frontages in conformance with City of Carlsbad standards. The trees shall be of a variety selected from the approved Street Tree List. 16. 17. Preliminary landscape plans shall be submitted. All landscape plans shall be prepared to conform with the Landscape Guidelines Manual and submitted per the landscape plan check procedures on file in the Planning Department. 18. Landscape plans shall be designed to minimize water use. Lawn and other zone 1 plants (see Landscape Guidelines Manual) shall be limited to areas of special visual importance or high use. Mulches shall be used and inigation equipment and design shall promote water conservation. 19. Prior to final occupancy, a letter from a California licensed landscape architect shall be submitted to the Planning Director certifying that all landscaping has been installed as shown on the approved landscape plans. 20. 21. All herbicides shall be applied by applicators licensed by the State of California. The applicant shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 22. The first set of landscape and irrigation plans submitted shall include building plans, improvement plans and grading plans. 23. All landscape and irrigation plans shall show existing and proposed contours and shall match the grading plans in terms of scale and location of improvements. 24. Mature trees which are removed shall be replaced one to one with minimum 36” box specimen: Each case shall be reviewed by the Planning Director. 2s. The minimum shrub size shall be S gallons. PC PESO NO. 3082 -5 1 2 13 4 fi Y e 7 E 9 1c 11 12 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 26. 27. 28. 29. 30. 31. 32. 33. 34. 3s. The number of trees in a residential project shall be equal to or greater than the number of residential units. Any signs proposed for this development shall at a minimum be designed in conformance with the Ci@s Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color. The developer shall display a cutrent Zoning and Land Use Map in the sales office at all times, or suitable alternative to the satisfaction of the Planning Director. All sales maps that are distributed or made available to the public shall include but 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 shall include a reduced version of the approving resolution/resolutions on a 24” x 36” blueline drawing. Said blueline drawing(s) shall also include a copy of any applicable Coastal Development Permit and signed approved site plan. Prior to the occupancy of any residential unit within this project, the Master Plans recreational vehicle storage area (within Planning Area 23) with all weather access road to it shall be available for use. Prior to the occupancy of any of the dwelling units, the project applicant shall construct a 6.0 high sound attenuation wall between Alga Road and the proposed dwelling units 2-9 along Alga Road. The wall shall be constructed consistent with the recommendations of the Acoustical Study for Planning Area 12 (Mestre Grew, 1990). Prior to the occupancy of units 2-9, the project applicant shall incorporate all required traffic noise mitigation measures (ie. balcony barriers and mechanical ventilation)into theseunits,as described inthe Acoustical Analysis for PA-12. PIiortothe issuanceofalgadingpermitor~recordationofthefiDalmap,the project applicant shall receive a Coastal Development Permit that approves development that is in substantial confm with this City approval. The cogstalPermitsballberequiredtobesubmittedtothecityPlanningDepartment forreviewpriortothe huauceofagradingpermit. Priortotheissuance ofagradingpermi~aUCoastalDadRestrictedareas(Lot10 as shown on Exhibit “8”) shall be staked and flagged to proht’bit ,encroachment by construction equipment. PC RESO NO. 3682 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1s 20 21 22 23 24 .25 26 27 20 / I /1 /I I 11 II ‘i 1: /I I’ ) 1; 36. 37. 38. 39. All tits which are setback a minimum of S feet hm a private driveway &aII be equipped with an automatic garage door opener. All perimeter fences/walls shall be required to be designed consistent 4th the materials and style of other Master Plan approved fences/walls. This project is approved subject to the condition that residential water conservation measures including water efikient plumbing fixtures in con.h~~e with State and Local Laws and Policies, be incorporated into the proje design. Prior to the recordation of the first Gnal tract map or the issuance of residential building permits, wbicheveris first, the owner of record of the propertywithin the boundaries of this tentative tract map shall prepare and record a notice that this property is subject to overflight, sight, and sound of ahcraft operating from Palomar Airport in a manner meeting the approval of the Planning Director and the City Attorney. The applicant shall post airaafi noise notiiication signs in all sales and/or rental offices associated with the new development. The number and lati- of said signs shall be approved by the Planning Director. Engineering Conditions: 40. 41. 42. 43. 44. . . . This approval is subject to all req@re!ments and conditions of Master Plan 177, Carl&ad Tract 85-35 and Zone 19 Local Facilities Management Plan, and any amendments thereto. This project is located within the Mello II Local Coastal Plan. All development design shall comply with the erosion control requirements of that plan Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this tentative map, except the fobwingz A Sid~ononesideofthestreet. B. centerlincradiilessthan2oofeet~shownonthetentativemap. The developer shalI comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. The developer shall be responsible for coordination with S.D.G.&E., Pacific Telephone, and Cable TV authorities. PC RESO NO. 3082 -7- . 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 !, , iI 45. 46. 47. 48. 49. 50. 51. The developer shall provide an acceptable means for maintaining the easements within the subdivision and all the private streets, sidewalks, street lights, storm dram facilities and sewer facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the units within the subdivision. Adequate provision for such maintenance shall be included with the CC&R’s subject to the approval of the City Engineer. Approval of this tentative tract map shall expire twenty-four (24) months from the date of City Council approval unless a final map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied at the discretion of the City Council. In approving an extension, the City Council may impose new conditions and may revise existing conditions pursuant to Section 20.12.1’10(a)(2) Carlsbad Municipal Code. Prior to approval of the final map the developer shall enter into an agreement with the City to pay any drainage area fees established as a result of the forthcoming Master Drainage Plan Update. The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent property prior to approval of any grad&g or building permit for this project. The applicant shall agree to utilize reclaimed water, if available, in Type I form, on the subject property in all common areas as approved by the City Engineer. Reclaimed water, as defined in Section 1305(n) of the California Water Code, means water which, as a result of treatment of wastewater, is suitable for a direct beneficial use or controlled use that would not otherwise occur. The subject pmperty is within the boadark of Assessment District No. 88-1 (Alga Road). Upon the subdivision of land within the district boundaies, the subdivider has executed a Special Assessment District Pass-Through Authorization z&Said agreement contains provisions regard@ notice to potential amount of the assessment and other pmisions and requires the shdividertohaveeachbuyer re&veaudexecuteaNoticeofAsssmentandan option Agmement. h the event that the subdivider does not execute the Autbo~tion . w theasesmentonthesubjectpropertymustbepaidoff ~efullbvthesu ~1 ertxiortoanvsubdivisionoftheland. AsrequkdbyStateLaw,priortotherecordationofafhalmapoveranyof~e subject pqerty, a segxegation of assessments must be completed and recorded for all subdivided lots. By applying for a qregation of B, the subdivider agrees to pay the fee to cover the cost associated with the segregation- A segregation is not required if the subdivider pays off the asstsmmt on the subject PC RESO NO. 3082 -8- l/i 2 iI 3 :/ :I /I 52. 4’ I/ 5 i’ 6, 11 53. 10 54. 9 12l/ 55 - 13 ;I Jo 1411 ;; 11 56. I l7 I/ pi 57. 18 /; 19 I/ 20 21 22 23 24 25 26 27 28 58. 59. . . . property prior t0 the recordation of the final map. In t.& event of a -don Of assessments is not recorded and property is subdivided, the full amount of assessment will appear on the tax bills of g& new lot. Grading in advance of final map may be allowed subject to City Engineer approval in accordance with Chapter 11.06 Carlsbad Municipal Code and departmental policy. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. Prior to issuance of a building permit for the project, the’ applicant must submit and receive approval for grading plans in accordance with City codes and standards, be issued a grading permit and complete the grading work in substantial conformance with the approved grading plans. The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. No grading shall occur outside the limits of the subdivision unless a grading or slope easement is obtained from the owners of the affected properties. If the developer is unable to obtain the grading or slope easement, he must either amend the tentative map or change the slope so grading will not occur outside the project site in a manner which substantially conforms to the approved tentative map as determined by the City Engineer and Planning Director. A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits. Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. The developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with the Carlsbad Municipal Code and the City Engineer. Reference Chap 11.06. Rain gutters shall beprovided to convey roof drainage to the driveway if required by the City Engineer. PC RESO NO. 3082 -9- 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 I’ !I I! II ‘I I II I( 1; ii !/ 60. 61. 62. 63. 64. 65. 66. Additional drainage easements and drainage structures shall be provided or installed prior to the issuance of grading or building permit as may be required by the City Engineer. The developer shall make an offer of dedication to the City for a public streets and easements required by these conditions or shown on the tentative map. The offer shall be made by a certificate on the Enal map For this project. Au lad SO offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. Direct access rights for all lots abutting Alga Road and Blackrail Court, with the exception of the general utility and access easement at Aleutia Lane waived on the final map. Some improvements shown the tentative map and/or required by these conditions are located offsite on property which neither the City nor the subdivider has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The Developer shall conform to Section 20.16.095 of the Carlsbad Municipal Code. Prior to approval of any grading or building permits for this project, the own& shall give written consent to the annexation of the area shown within the boundaries of the site plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1. The form shall be provided by the City during the improvement plancheck process. Runoff from this project is conveyed to environmentally sensitive areas. The subdivider shall provide adequate means of eliminating grease and oils from drainage prior to discharge. Plans for such improvements shall be approved by the City Engineer prior to issuance of grading or building petmit. Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final map in accordance, with City Standards the Developer shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative and the following improvements. This obligation is not required if it is already secured through another project in the Master Plan. A. AlgaRoadtomajorartexials~orbetterfromMimosa~toEl Camino&ealtothesatisfactionoftheCity~. A note to this effect shall be placed on an additional map sheet on the final map per the provisions of Sections 66434.2 and 66445 of the Subdivision Map Act. PC RESO NO. 3082 -lO- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 67. 68. 69. 70. 71. 72. . . . Improvements listed above shall be constructed within 24 months of the final map or improvement plan whichever occurs first. The design of all private streets and drainage systems shall be approved by the City Engineer prior to approval of the final map for this project. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City, and the standard improvement plan check and inspection fees shall be paid prior to approval of the final map for this project. The impro vementsareas follows: A. Standard curb, gutter and sidewalk and street improvements on Aleutia Lane and Ferilina. The sidewalk is required on the inside loop on Ferihna and on the east side of Aleutia Lane. B. Private storm drain system which will connect to the existing public storm drain system. In areas where no fail safe secondary overflow is provided, the system shall be designed to caky a 100 year event. C. The private sewer and private drainage systems. D. A note stating these improvemen ts are private shall be placed oxi an additional sheet on the final map. The developer shall install street lights along all public and private street frontages in conformance with City of Carlsbad Standards or equivalent subject to the approval of the Planning Director and City Engineer. The Fire Marshal has detetmined that onsite fire hydrants are required to serve this project. Prior to issuance of a building permit for the site, the applicant must submit and receive City and water district approval for appropriate waterline improvement plans and easements. All improvements shall be designed in conformance with City and Water District Standards, plancheck and inspection fees paid and improvement security shall be posted with the Water District. ligation systems to accommodate future reclaimed water shall be designed consistent with Title 17 of the California Administrative Code. Offsite future reclaimed water distribution systems should be anticipated by the installation of adequately sized sleeves at crossing points to minimize street excavation. .” PricrtotheissuaaEe ofanybuildingpermits,fullstreetimprrovemcn ts inchlding Black Rail Court to Adam Drive throught to Batiquitos Lane qnust be constructed. PC PESO NO. 3082 -ll- - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 It; 17 1E 15 2c 21 22 2? 24 25 26 27 28 Fire DeDartment: 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. Additional public and/or onsite fire hydrants shall be provided if deemed necessary by the Fire Marshal. The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and onsite roads and drives to the Fire Marshal for approval prior to issuance of a building permit. in all-weather access road shall be maintained throughout construction. All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials begin located on the project site. Brush clearance shall be maintained according to the specifications contained in the City of Carlsbad Landscape Guidelines Manual. Proposed security gate systems shall be provided with “K.nox” key operated override switch, as specified by the Fire Department. Brush Management shall require that photo documentation of installed and approved fire suppression zones be submitted to the Fire Marshal in order to establish control for annual maintenance. Performance of annual maintenance by Homeowners Association shall be assured through open space deed restriction or other means acceptable to the Planning Director and Fire Marshal. Fire retardant roofs shall be required on all structures. Brush clearance shall be maintained according to the specifications contained in the City of Carlsbad Landscape Guidelines Manual. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction. Water District: 83. The entire potable and non-potable water system/systems for subject project shall be evaluated in detail rq ensure that adequate capacity and pressure for domestic, landscaping and fie flow demands are met. 84. The developeis engineer shall schedule a meeting with the District Engineer and the City Fire Marshal and review the preliminary water system layout prior to preparation of the water system improvement plans. PC RJZSO NO. 3082 -12- 1 1 85. The developer will be responsible for all fees and deposits plus the major facility 21 charge which will be collected at time of issuance of building permit. 3 Ii I PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 41 I 5 ’ j Commission of the City of Carlsbad, California, held on the 15th day of August, 1990, by 6 1 the following vote, to wit: 7 81, 911 jl 10 ii 1111 12,i AYES: Chairperson Schramm, Commissioners: Schlehuber, Erwin Hall, Holmes and Marcus. NOES: McFadden. ABSENT: None. ABSTAIN: None. I l3 I 14 j 15,i SHARON SCHWUVIM, CARLSBAD PLANNING COMMISSION i! 19 /! PLANNING DIRECTOR 22’ 23 24 25 26 27 ’ PC RESO NO. 3082 28 -13- I -_ PLANNING COMMISSION ~WTCON NO. 3083 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A PLANNED UNIT DEVELOPMENT TO DEVELOP A 108 UNIT CONDOMINIUM PROJECT ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF ALGA ROAD AND BLACKRAIL COURT. CASE NAME: AVIARA PLANNING AREA 12 CASE NO: PUD 89-19 WHEREAS, a verified application for certaih property to wit: Lot 230 of Tract 85-35, Aviara, Phase I - Unit D, according to Map 12412 recorded June 29, 1989 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 15th day of August, 1990, h&d a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon heating and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map and Planned Unit Development. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission recommends APPROV& PUD 89-19, based on the following findings and subject to the fotiowing conditions: 1. The project is consistent with the Ciws Master Plan 177 since the proposed net density of 5.93 dus/acre is within the permitted density of 12.1 dus/acre specified within Master Plan 177. 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 2. 3. 4. 5. 6. 7. 8. 9. 10. . . . . . . . . . The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed. The Planning Commission has, by inclusion of an appropriate condition to this project, ensured building permits will not be issued for the project unless the City Engineer determines that sewer service is available, and bu,&hg cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan 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 in the San Marcos School District. Park-in-lieu fees are required as a condition of approval. All necessary public improvements have been provided or will be required as conditions of approval. The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be avai.Iabk concurrent with need as required by the General Plan. The proposed project is consistent with the City’s Planned Development Ordinance and also complies with the Design Guidelines Manual. As discus& in the St&report, the project is: (1) consistent with the development standards of the Aviam Master Plan 177 and the PIanntxI Development ordinance- (2) in conformance with the Design Critexia of Master Plan 177; (3) ii compIi& with the Citfs Noise Policy No. 17 as conditioned; and (4) is in conformance with theMelloULocalCoastalProgram. The proposed project is compatible with the surrounding future and existing land uses and will serve as a transitional use between the RMH designated properties and adjacent R.M properties. )_ . PC RESO NO. 3083 -2- . PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 3 Commission of the City of Carlsbad, California, held on the 15th day of August, 1990, by I 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 the following vote, to wit: AYES: Chairperson Schramm, Commissioners: Schlehuber, Erwin, Hall, Hohnes and Marcus. NOES: McFadden. ABSENT: None. ABSTAIN: None. CARLSBAD PLANNING COMMISSION Al-TEST: MICHAEL J. HaLZMInER PLANNING DIRECTOR PC RESO NO. iO83 4- 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 PLANNING COMMISSION RESOLUTION NO. 3092 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A STANDARDS VARIANCE FOR A 108 DWELLING UNIT CONDOMINIUM PROJECT ON PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF ALGA ROAD AND BLACK RAIL COURT. CASE NAME: AvlARA - PLANNING AREA 12 CASE NO.: SV 90-3 WHEREAS, the applicant has requested approval of Standards Variance for deletion of sidewalks on one side of the private streets within project boundaries along FeriIina and AIeucia Lane and WHEREAS, staff has reviewed said request and can make the necessary findings for a Standards Variance; and WHEREAS, the Planning Commission has reviewed said request and can make the necessary findings. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) Cl m: 1. 2. 3. 4. 5. That the above recitations are true and correct. That the Planning Commission recommends APPROVAL of SV 90-3 approving deletion of sidewalks on one side of the private streets within project boundaries along Ferilina and Aleutia Lane. . That SV 90-3 is recommended for approval based on the following findings and for the reasons discussed in the memo from the City Engineer, dated August 7,199O: The circumstances or conditions applicable to this situation are ‘unusual. No drainage problems will occur. The proposed variance will not conflict with existing or future trafbic, parking, pedestrian or bicycle demands. The public welfare or private property rights are not detrimental or injurious. The proposed variance will not adversely aifect the comprehensive General Plan . PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning . Commission of the City of Carlsbad, California, held on the 15th day of August, 1990, by the following vote, to wit: AYES: Chairperson Schramm, Commissioners: Schlehuber, Erwin, Hall, Holmes and Marcus. 5 /I NOES: McFadden. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ABSENT: None. ABSTAIN: None. SHARON SCHRAMM, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOEMIL& PLANNING DIRkTOR 22 23 24 25 I 26 27 PC RESO NO. 3092 i i :, I $),,t 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 PLANNING COhfMIWON RESOLUTLON NO. 3093 A RESOLFON OF THE PLANNING COMMISSION OF THE CrrY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A STANDARDS VARIANCE FOR A 108 DWELLING UNIT CONDOMINIUM PROJECT ON PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF ALGA ROAD AND BLACK R&L COURT. CASE NAME: AVIARA - PLANNING AREA 12 CASE NO.: SV 90-4 WHEREAS, the applicant has requested approval of Standards Variance for reduction of centerline radii on 3 curves on Feriina and Aleutia Lane and to eliminate standard knuckle on 9O"tIlrm WHEREAS, staff has reviewed said request and can make the necessary findings for a Standards Variance; and WHEk, the Planning Commission has reviewed said request and can make the necessary findings. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: /’ A) W That the above recitations are true and correct. That the Planning Commission recommends APPROVAL of SV 904 approving reduction of centerline radii on 3 cunres on Ferilina on Aleutia Lane and to eliminate standard knuckle on 90 degree turns. Cl That SV 90-4 is recommended for approval based on the following &dings and for the reasons discussed in the attached memo from the City Engineer, dated August 7,199o: Findinq: 1. 2. 3. The circumstances or conditions applicable to this situation are unusual. No drainage problems will occur. The proposed variance will not conflict with existing or future tic, parking, pedestrian or bicycle demands. 4. The public welfare or private property rights are not detrimental or injurious 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 15th day of August, 1990, by the 2 following vote, to wit: 3 AYES: Chairperson Schramm, Commissioners: Schlehuber, Erwin, Hall, 4 Holmes and Marcus. 5 NOES: McFadden. 6 7 a 9 10 11 ABSENT: None. ABSTAIN: None. SHARON SCHRAMM, Chairperson CARLSBAD PLANNING COMMISSION 12 ATTEST: 13 15 PLANNING DIRECTOR 16 17 18 19 II 20 21 22 23 24 25 26 27 PC RESO NO. 3092