HomeMy WebLinkAbout1990-12-04; City Council; 10923; Aviara Planning Area 5, Cl1 - OF CARLSBAD - AGEND - BILL TV -i 0 I
AB# /q.%Q3 TITLE: APPROVING A MITIGATED NEGATIVE DECLARATION, TENTATIVE SUBDIVISION MTG. 12/4/90 MAP AND PLANNED UNIT DEVELOPMENT PERMIT FOR 147 UNIT CONDOMINIUM PROJECT DEPTmcA AVIARA PLANNING AREA 5 CT90-9/PUD 90-12
RECOMMENDED ACTION:
If Council concurs your action is adopt Resolution No. 90-YlcI
approving the mitigated negative declaration, tentative map (CT 90-
9) f and planned unit development (PUD 90-12).
ITEM EXPLANATION
The City Council at your meeting of November 20, 1990 directed our office to prepare a resolution approving the mitigated negative declaration, tentative map (CT 90-g), and planned unit development (PUD 90-12). That document is attached. The Council should satisfy itself that the findings and conditions accurately reflect your intentions in the matter.
EXHIBITS
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Resolution No. 90 -416
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RESOLUTION NO. 90-416
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A CONDITIONAL NEGATIVE DECLARATION, TENTATIVE SUBDIVISION MAP (CT 90-9) AND PLANNED UNIT DEVELOPMENT PERMIT (PUD 90-12) FOR A 147 DWELLING UNIT PROJECT ON 23.8 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF ALGA ROAD AND BATIQUITOS DRIVE. APPLICANT: AVIARA - PLANNING AREA 5 CASE NO: CT 90-9/PUD 90-12
WHEREAS, on October 3, 1990 the Carlsbad Planning
Commission held a duly noticed public hearing to consider a
proposed Mitigated Negative Declaration, Tentative Subdivision Map
CT 90-9, and Planned Unit Development permit PUD 90-12 fdr a 147
dwelling unit condominium project and adopted Resolutions Nos.
3099, 3100 and 3101, respectively, recommending to the City Council
that the Mitigated Negative Declaration, Tentative Subdivision Map
and Planned Unit Development permit be approved: and
WHEREAS, the City Council of the City of Carlsbad, on
November 20, 1990 held a public hearing to consider the
recommendations and heard all persons interested in or opposed to
CT 90-9 and PUD 90-12; and
WHEREAS, a Mitigated Negative Declaration was issued on
August 30, 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:
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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. 3099 marked
Exhibit A attached hereto are the findings and conditions of the
City Council.
3. That the tentative subdivision map of this project
(CT 90-9) is approved and that the findings and conditions of the
Planning Commission contained in Resolution No. 3100 marked Exhibit
B and attached hereto are the findings and conditions of the City
Council.
4. Planned Unit Development Permit PUD 90-12 is approved
and that the findings and conditions of the Planning Commission
contained in Resolution No. 3101 marked Exhibit C 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 4th day of December
1990, by the following vote, to wit:
AYES: Council MEmbers Lewis, Kulchin, Larson and Pettine
NOES: None
ABSENT: Council Member Mamaux
ATTEST:
ALETHA L. RAUTENKRANZ, City Clebk
(SEAL)
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PLANNING COMMISSION RESOLUTION NO. 309!J
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 147 DWELLING UNIT
CONDOMINIUM PROJECI-.
APPLICANT: AVIARA - PLANNING AREA 5
CASE NO.: CT 90-9/PUD 90-12
WHEREAS, the Planning Commission did on the 3rd day of October, 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 ail
testimony and arguments, examinin g the initial study, a&zing the information
submitted by staff, and considering any written comments received, the Planning
Commission considered all factors relating to the Mitigated Negative Declaration.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission 1
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 August 30, 1990, and “PII”, dated August 15,
1990, attached hereto and made a part hereof, based on the following findings and
subject to the following condition:
Fm:
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3.
The initial study shows that there is no substantial evidence that the project may have a significant impact on the environment.
The site has been previously graded pursuant to an earlier environmental analysis.
The streets are adequate in size to handle traffic generated by the proposed
project.
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4. There are no sensitive resources located onsite or located so as to be significantly impacted by this project.
Conditions:
1. Prior to the occqarq of any of the dwelBng units, the project applicant shall
construct a 5.0 foot high sound attenuation wall between Alga Road and the
proposed dwelling mits 126-129 and 131-134 along this road. The wall shall be
constructed consistent with the recommendatons of the Acoustical Study for
Planning Area 5 (Mesfre-Greve, 1990). Prior to the occqxmcy of units 126-129
and 131-134, the project applicant shall incoqorate all required traffic noise
mitigation measure (ie: mechanical ventilation) into these units as described in the
Acoustical Analysis for Planning Area 5.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 3rd day of October, 1990, by
the following vote, to wit:
AYES: Chairperson Schramm, Commissioners: Schlehuber, Holmes,
Marcus and Hall.
NOES: None.
ABSENT: Commissioners: Erwin and McFadden.
ABSTAIN: None.
SHARON SCHBAMM, Chairperson
CARLSBAD PLANNING COMMISSION
ATTESTI.
j&ii&k- PLANNING DIRECTOR
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PUNNING COMMISSION RESOLUTION NO. 3180
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE
TRACT MAP TO DEVELOP A 147 DWELLING UNIT CONDOMINIUM
PROJECT ON PROPERTY GENERALLY LOCATED AT THE SOUTHEAST
CORNER OF THE INTERSECTION OF ALGA ROAD AND BATIQUtTOS
DRIVE. CASE NAME: AVIARA - PLANNING AREA 5
WE NO:
WHEREAS, a verified application for certain property to wit:
Lots 95,%, 97 and 98 of the City of Carlsbad Tract 85-35, Phase I - Unit C, in the City of CarIsbad, County of San Diego, of the County Recorder of
San Diego County, June 19, 1989, #89-346187
has been filed with the City of CarIsbad and referred to the Planning Comnkion; 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 3rd day of October, 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, 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 Pknning Commission as
follows: -
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL of CT 90-9, based on the following findings and subject
to the following conditions:
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Finding:
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The project is consistent with Master PIan 177 since the proposed net d&v of
6.17 dW= is within the permitted density of 7.9 du/acre as specified within
Master Plan 177.
The site is physically suitable for the type and density of the development since the site is adequate in sire 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 school site at the inttion of Alga Road ind
Ambrosia Lane is acceptable as mitigation of the impact to exist@ Carl&ad
uni6ed school District school fkiliti~.
The dedication of a 24.25 acre park site at the northem terminus of Ambrosia
Lane satisfies parkfeereq-.
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. Perfotmance of that contract and payment
of the fee will enable this body to find that public facilities will be available
cencumnt 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 Carl&ad.
Asdiscrrpsedinthe~~t.beprojectis: (1)consistentwiththe
-oP==t stadadsoftheAviaraMastcrPlan177andtilePlanned
Development (lrdbme; (2) in c4Bhmax with the Design criteria of Master
Plan 177; (3) in compliance with tlx Citfs Noise Policy No. 17 as conditioned;
ad (4) is in ccmfmmmwiththeMelloILocalcoastalprogram.
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10. The proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for Residential Development (I&I, FILM) on
the General Plan.
11. This project will not cause any significant environmental impacts and a Mitigated
Negative Declaration has been issued by the Planning Director on August 30,
1990, and Recommended for Approval by the Planning Commission on October 3,
1990. 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 of 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.
1. Approval is granted for CT 90-9, as shown on Exhibit “A” - “Y’, dated August 28,
1990, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these
conditions.
2. The developer shall provide the City with a reproducible 24” x 36”, mylar copy of the Tentative Map as approved by the City Council. 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.
3. A 500 scale map of the subdivision shall be submitted to the Planning Director
prior to the recordation of the fkal map. Said map shall show all lots and streets
within and adjacent to the project.
4. This project is approved upon the express condition that the final map shall not
be approved unless the City Council finds as of the time of such approval that
sewer senke is available to serve the subdivision.
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This project is approved upon the express condition that building permits d 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 final 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 ad 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 subdivider’s agreement to pay the public
facilities fee dated March 1, 1990, 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. s
Water shall be provided to this project pursuant to the Water Setice agreement
between the City of Carlsbad and the Carlsbad Municipal Water District, dated May
25, 1983. LI
This project shall comply with all conditions and mitigation required by the Zone
19 Local Facilities Management Plan approvei 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 permit issuance.
The applicant shall establish a homeowner% 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. The CC&R’s for Planning Ama 5 shall include a provision which prohibits parking vehicles in any
private driveway which measures less than 20 feet from garage door to back of
sidewalk or edge of curb face, whichever is closest to the structure.
PC PESO NO. 3100 4
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The applicant shall submit a street name list consistent with the City’s street name
policy subject to the Planning Directois approval prior to final map approval.
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.
All landscaped areas shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris.
The developer shall install street trees at the equivalent of a-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.
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. .
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 irrigation equipment and
design shall promote water conservation.
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.
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.
The first set of landscape and irrigation plans submitted shall include building foot
print, improvement plans and grading plans.
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.
Mature trees which are removed shall be replaced one to one with minimum 36”
box specimen. Each case shall be dewed by the Planning Director.
The minimum shrub size shall be S gallons, except at approved by the Planning
Director.
PC RESO NO. 3100
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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 City’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 current 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 ocmpanq of any residential unit within this project, the Master Plans
recreational vehicle storage ama (withi L Planning Area 23) with all weather access
mad to it shall be available for use.
Prior to the cscqmq of any of the dwelling units, the project applicant shall
construct a 5 foot high sound attenuation wall between Alga Road and the proposed dwelling units along Alga Road, The wall shall be constructed consistent
with the recommendations of the Acoustical Study for Planning KIWI 5 (Mesa
Grwe, 1990). Prior to the occupancy of units 126 - 129 and 131 - 134, the
project applicant shall hcoqxmte all requhd tra!Ec noise mitigation meamres
(ie. mechanical ventilation) into these units, as desaii in the Acoustical Analysis
for PA-S.
Priortotlle- ofagradingpermitortherecohtionoftheGnalmap,the
project applicant shall receive a Coastal Development Permit &at approves
dlzvdopment that is in substantial conformance with this City approval. The
coaJtapcrmitshallbe~~tobesubminedtothecityPlanningDepartment
fi3rre!viewpriortothe imanceofagradingpermit.
Prlortothe- ofagradingpamit,aIl&astalDeedRestxictedamas(oldLot
22and24~slrownonExhibit”Baand”C3sballkstatedandffaggedtoprohibit
enaoacbmmtby~ion&~.
PC RESO NO. 3100
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AU~~which~setbacka~~ofSfeet~aprivatedriwwayshallbe
eqxipped with an automatic garage door opener.
All perimeter fences/walls shall be required to be dtesigned consistent with the
materials and style of other Master Plan approved fences/walls.
This project is approved subject to the condition that residential water
amservation lrESmes including Water e8iCient plumbing Gxtuxes in conformance
with State and Lmal Laws and Policies, be incorporated into the projects design
Prior to the recordation of the first final tract map or the issuance of residential
building permits, whichever is first, the owner of record of the property within the
boundaries of this tentative tract map shall prepare and record a notice that this property is subject to overflight, sight, and sound of aircraft operating from
Palomar Airport in a manner meeting the approval of the Planning Director and the City Attorney. The applicant shall post aircraft noise notification signs in all sales and/or rental offices associated with the new development. The number and
locations of said signs shall be approved by the Planning Director.
This project.is approved subject to the condition t&t should any of the 9 exist&
on-site oak trees be lost to development, the applicant (M&elk) or succeimr in
interest shall be required to replace these oak trees at the following ratios:
‘kvominimumsixed24”box spedmem for each 6” to 23” diameter oak tree, two
minimuxns.ized24"bxspecimens andoneminimumsized36”boxspecimenfor
each24”-40”diameteroaktree,oneminim~sized36”boxspecimenandone
IIhiIIlUInsized48”bOXspecimen for each 41” - 60” diameter oak tree.
Engineering:
40. This appval is sub@ to all conditions of approval of Master Plan 177, Carlsbad
Tract 85-35 aud Zone 19 Local Facility Management Plan, and any amendments
ttEEt0.
41. This~~islocatedwithintheMelloILocalCoastalPlan- Akievelopment
&signshaUcomplywiththeemsioncontrolmqkmenBofthatplan.
42. The developer shall comply with all the rules, regulations and design requirements
of the respective sewer and water agencies regarding services to the project.
43. The developer shall be responsible for coordination with S.D.G.&E., Pacific Telephone, and Cable TV authorities.
PC RESO NO. 3100 -7-
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The developer shall provide an acceptable means for maintaining the private
streets, sidedks, street lights, storm drain facilities and sewer facilities located within the subdivision 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. Except for Batiquitos Drive and Hummingbird Drive all of the above improvements are considered private.
All concrete terrace drains shall be maintained by the homeowner3 association (if on commonly owned property) or the individual property owner (if on an
individually owned lot). An appropriately worded statement clearly identifying the
responsibility shall be placed in the CC&R%.
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
20.12.110(a)(2) Carlsbad Municipal Code.
Prior to approval of the &al 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 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.
No grading permits shall be issued for this subdivision prior to recordation of the
final map, except as approved for model homes.
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
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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 confonn~ 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. .
The developer shall construct desiltatiotidetention basins of a type and size and at locations as approved by the City Engineer. The developer shall enter, into a
desiltation basin maintenance agreement and submit a maintenance bond
satisfactory to the City Engineer prior to the approval of grading, building permit of final map whichever occurs first for this project. Each desiltation basin shall be
serviced by an all-weather access/maintenance road. The provisions of this
agreement shall apply to any offsite borrow sites which may be utilized in the
construction of this project as required by the City Engineer.
Rain gutters are to be provided to convey roof drainage to an approved drainage
device as approved by the City Engheer.
Additional drainage easements and drainage structures shall be provided or
installed prior to the issuance of grading or building permits as may be required
by the City Engineer. .
The developer shall make an offer of dedication to the City for all public streets
and easements required by these conditions or shown on the Tentative Map. The
offer shall be made by a certificate on the fkal map for this project. All land 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.
Dircetacccssrightsfor~lotsabuttingH~Drive,Ba~t~~~and
RoclrDovlcStreetshallkwaivedanthcfinalmapexceptthosepointsof . amnechmtoprivatestreetsorasrequimdfar~accesS.
PC RESO NO. 3100 -9-
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Prior to approval of any grading or building permits for this project, the owner shd 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 permit. Those plans shall
be in conformance with the ‘waste discharge requirements for storm water and urban nmoff from the County of San Diego.”
The developer shall install street lights along all public and private street frontages
in conformance with City of Carlsbad Standards.
The developer shall install a wheelchair ramp at the public street comer abutting the subdivision in conformance with City of Carlsbad Standards prior t6 occupancy
of any buildings.
Some improvements shown on 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.
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 map and the following improvements:
A. Alga Road to major arterial standards or better from Mimosa Street to El
Camino Real to the satisfaction of the City Engineer. This obligation may be shared with other projects having a similar condition to the satisfaction
of the City Engineer.
Improvements listed above shall be constructed within 24 months of final map
approval.
The Fire Marshal has determined 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. AU 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.
PC RESO NO. 3100 -lO-
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~designof~p~te~~and~~systemsshallbeapproved~the
city Engheer prior to approval of the final map for this project. The structural Section of all private streets shall conform to City of Carl&ad Standa& based on
R-value tests. The horizontal design of the private streets are approved a~ shown
on the Teatative Map. All private streets and drainage systems shall be inspected
bythecity,andthe staadardsimprovementplancheckandkpectionfeesshall be paid prior to approval of the Enal map for this project.
Irrigation 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.
Thesubjectpqertyiswithintheboundariesof Assessment District No. 88-l (Alga Road). Upon the subdivision of land within the distxict boundaks, the
subdivider may pass through asesmeats to subsequent owners ok& if the subdivider has executed a Special Assessment District Pass-Through Authorization
SLsaid
agnxment contains provisions regarding notice to potential
0 amount of the assessment and other provisions and requires the
subdivider to have each buyer receive and execute a Notice of Assessment and an
Option Agreement. In the event that the subdivider does not -execute the
Authoxization Agreement, the assemmnt on the subject property must be tid off . m Fidel tw the subdivider Drier to anv subdivision of the land.
As required by State law, prior to the recordation of a final map over any of the
subject pqerty, a segregation of assessments must be completed and recorded for
all subdivided lots. By applying for a segregation of amssments, the subdivider
agrees to pay the fee to cover the costs assodated with the segregation. A
segregation is not required if the subdivider pays off the assessment on the subject
property prior to the recordation of the final map. In the event a segregation of awsmen~ is not recorded and property is subdivided, the full amount of
~willappearonthetaxbillsofg&newlot.
Thisprojectisapproved~~the~coladitiontlmerewillbenaodel~ts. Thcgradingreqtriredforthe~unitsis~inanexlu’bittothctentative
map. The grad,@ for the model units prior to Gnal recordation is authozized
~totheapprovalofthistentativemap. Sewerandwat~,~hepnwide tothesite. PkhydmntsshallbeprovidedasdeemednecessarybytheFire Marshat. Aseparategmdingpermitshallbeobtainedforthemodelarea.
A) Thelotco&gmMionsasshownonthetentativemaparespecxcally~
appmved. This project shall have a total of f&teen (14) lots. New L% 1
shallbecomprkdofMs16and17. NewLot2shalkcomprisedof~ts
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1,2and4. New~t3shallbecomprisedofr.,ots5,6and7. Newbt4 shaUbecom~ofLots8,9and10. NewLot5shallbecomprisedof Lots11,12and13. New~t6shallbecomprisedof~l4andlsexcept therecreationarea. NewLot7shaUbecomprisedofLot18and19excePt
theremeationarea. NewLot8shaUbecomprisedofLots2Oand21. Open Space Las 23, and 24 shall be ttmumbered Lots 9 and 10. The lot
configuration as d-bed in this condition is included as an attachment.
1. C3penSpaceLbt22shallberenumbemdLot12. Thercxreationareas
shalherewmberedLot.s11,13and14. NewLot13shaUconsistof
aportionofoldllot19. New~tllshallconsistofoldLot3. New
bt 14sballconsistofaportionofoldliot 15.
B) The phasing shall be consist-t with the lot numbers except:
1. Phase 4 shall include the portion of Ardeola shown in Phase 5. 2. The landscaping for new Lot 9 (old Lot 23) shall be included no later
thanPhase3. -
3. The lankping for Lot 10 (old Lot 24) shall be included no later
thanPbase6.
4. Phase 1 shall include the constn&on of nmeation area Lot 13.. 5. Pbase2sballiacludethe~~ofMwopenspace~t12and
thecoxmructionofRe!creation~bt11.
6. Phse 6 shall include the construction of recreation area Lot 14.
C) Thetwoopenspacelots-ncwInts9and1O(old~ts23and24)shallbe deeded ovlet to the Aviara Master Association corxmentwithfinalmap
recordation per the agreement between the developer and Hillman Roperties.
D) Tl.tefollowing~shallbe~edascovenantforeasementsto~
OWTHS of condominium Unix (not the Hoxmmmer Association). These
colmalltfor eammntssballbecomeyedbyseptatedocumentand
Il2COddconcufientWiththW~.
1. “A commonafeainpapetuityasa covuuultnmniDgwiththeland
overthareassbormasoldliots3andaportionof~t19new~ts
11,14and13anthctentativtmap,for~~~~~and recreationalpmrposes.
2. Acommon~inpapehtityasa t2ovemtnlMingwviththeland ~~pvedareasandsidewab excepthiividualconczete &+wayq fix vt&idar acceq pairk& private utilities and
praposcs- 3. Acosnmcmareainpapentityasa covmantruDningwiththeland
ovemewIntJ1thmugh8inclusivqforlandscaping,accessand
maintenance-.
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4. Acommonareainpexpetuityasaawenant nmningwiththeland
over new Lot 12 (old Lot 22) for open space purposes.
Thesecove!nantfor
andtransfersof
easements shall be binding upon all successors, assigns
covenantor. These covenants cannot be quitclaimed without theappnwaloftheCity. WOrdingtothateffectshallbeplacedonthe
covenants*
El All the above changes shall be shown on the approved tentative map mylar.
76. Ifthedeveloperchoosesto construct out of phase, all improvem~ts required by
previous phases are n?qukL
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Additional public and/or on site 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 on site roads and drives to the Fire Marshal for .approval.
An all weather access road shall be maintained throughout construction.
All required fne hydrants, water mains and appurtenances shah be operational
prior to combustible building materials being located on the project site.
Proposed emergency access systems shall be provided with “Knox” key operated
override switch, as specified by the Fire Department.
Fire retardant roofs shall be required on all structures.
Brush clearance within this Planning Area shah be maintained according to the specifications contained in the City of Carlsbad Landscape Guidelines Manual. I
All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shah be submitted to the Fire
Department for approval prior to construction.
Water Dist&:
85. The entire potable and non-potable water system/systems for subject project shall
be evaluated in detail to ensure that adequate capacity and pressure for domestic,
landscaping and Cre flow demands are met.
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86. The developer’s 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 improvements plans.
87. The developer will be responsible for ah water fees and water deposits plus the major facility charge which will be collected at time of issuance of building permit.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 3rd day of October, 1990, by
the following vote, to wit:
AYES: Chairperson Schramm, Commissioners: Schlehuber, Holmes, Marcus
and Hall.
NOES: None.
ABSENT: Commissioners: Erwin and McFadden.
ABSTAIN: None.
SHARON SCHRAMM, Chairperson
CARLSBAD PLANNING COkWSION
ATTEST:
’ ‘PLANNtiG DIREnOR
PC RESO NO. 3100 -14-
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE
TRACT MAP TO DEVELOP A 147 DWELLING UNIT CONDOMINIUM
PROJECI’ ON PROPERTY GENERALLY LOCATED AT THE SOUTHEAST
CORNER OF THE INTERSECTION OF ALGA ROAD AND BATIQUITOS
DRIVE.
CASE NAME: AVIARA - PLANNING AREA 5
CASE NO.: PUD 90-12
WHEREAS, a verified application for certain property to wit:
Lots 95, 96, 97 and 98 of the City of Carlsbad Tract 85-35, Phase I - Unit
C, in the City of Carlsbad, County of San Diego, of the County Recorder of
San Diego County, June 19, 1989, #89-346187
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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 Mu&pal Code; and
14 WHEREAS, the Planning Commission did, on the 3rd day of October, 1990, hold
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a duly noticed public hearing as prescribed by law to consider said request; and
16 WHEREAS, at said public hearing, upon hearing and considering all testimony and
17 arguments, if any, of all persons desiring to be heard, said Commission considered all
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factors relating to the Tentative Tract Map and Planned Unit Development.
20 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as
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follows:
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That the above recitations are true and correct.
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8) That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL of PUD 90-12, based on the following findings and subject to the following conditions:
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The project is consistent with Master Plan 177 since the proposed net density of
6.17 du/acre is within the permitted density of 7.9 du/acre as specified within
Master Plan 177.
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 pexmits will 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 school site at the intexsection of Alga Road and
ambrosia Lane is acceptable as mitigation of the impact to existing Carl&ad unified school Disuict school facilitks. .
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. Perfoxmance of that contract and payment
of the fee will enable this body to find that public facilities will be available
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.
Asdiscuadinthestatrrepo~theprojectis: (1) consistent with the
development standards of the Aviara Master Plan 177 and the Planned
Development ordimnq (2) in codormance with the Design Criteria of Master Plan 177; (3) in campliancc with the Civs Noise Policy No. 17 as conditioned;
and (4) is in co&mame withtheMelloILocalCoastalProgram.
The proposed project is compatible with the surrounding future and existing land
uses since surrounding properties are designated for Residential Development (RM,
RLM) on the General Plan.
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This project will not cause any significant environmental impacts and a Mitigated
Negative Declaration has been issued by the Planning Director on August 30,
1990, and Recommended for Approval by the Planning Commission on October 3, 1990. 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.
The applicant is by condition, required to pay any increase in public facility fee, or new consttuction 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.
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. All conditions of approval for CT 90-9 as contained in Planning Commission
Resolution No. 3100 apply to this approval and are incorporated through this
reference.
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PC RESO NO. 3101 -3-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 3rd day of October, 1990, by
the following vote, to wit:
AYES: Chairperson Schramm, Commissioners: Schlehuber, Holmes, Marcus
and Hall.
NOES: None.
ABSENT: Commissioners: McFadden and Erwin.
ABSTAIN: None.
SHARON SCHWWM, Chairperson
CARLSBAD PLANNING COMMISSION
13 ATTEST:
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