HomeMy WebLinkAbout1990-12-04; City Council; 10924; Aviara Planning Area 9 Neg Dec- CIT OF CARLSBAD - AGEND.‘----3lLL ,” , 47 c3 a,
APPROVING A CONDITIONAL NEGATIVE AB#/0, TITLE: DECLARATION TENTATIVE SUBDIVISION MAPDEPT.HD.-
MT& )2-Y-c/d AND PLANNED UNIT DEVELOPMENT PERMIT FOR A - 7 LOT 86 DWELLING UNIT PROJECT
DEPT. CA APPLICANT: AVIARA - PLANNING AREA 9 CT 90-lO/PUD 90-13
RECOMMENDED ACTION:
If Council concurs your action is adopt Resolution No. 90 -%q approving the conditional negative declaration, tentative map (CT go-lo), and planned unit development permit (PUD 90-13).
ITEM EXPLANATION
The City Council at your meeting of October 13, 1990 directed our office to prepare a resolution approving the conditional negative declaration, tentative map (CT go-lo), and planned unit development permit (PUD 90-13). That document is attached. The Council should satisfy itself that the findings and conditions accurately reflect your intentions in the matter.
EXHIBITS
Resolution No. 90 -w
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7 WHEREAS, on October 3, 1990 the Carlsbad Planning
8 Commission held a duly noticed public hearing to consider a
9 proposed conditional Negative Declaration, Tentative Subdivision
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- 3114, and 3115,respectively recommending to the City Council that
13 the Negative Declaration, Tentative Subdivision Map and Planned
14 Unit Development permit be approved; and
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WHEREAS, the City Council of the City of Carlsbad, on
October 13, 1990 held a public hearing to consider the
recommendations and heard all persons interested in or opposed to
18 CT 90-10 and PUD 90-13; and
19 WHEREAS, a conditional Negative Declaration was issued on
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24 monitoring program set up for the project.
25 NOW, THEREFORE, BE IT RESOLVED by the City Council of the
26 City of Carlsbad, California, as follows:
27 1. That the above recitations are true and correct.
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RESOLUTION NO. go-417
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A CONDITIONAL NEGATIVE DECLARATION, TENTATIVE SUBDIVISION MAP (CT 90-10) AND PLANNED UNIT DEVELOPMENT PERMIT (PUD 90-13) FOR A 7 LOT 86 DWELLING UNIT PROJECT ON 32.5 ACRES OF LAND GENERALLY LOCATED ON FINCH LANE BETWEEN ALGA ROAD AND KINGFISHER PLACE APPLICANT: AVIARA - PLANNING AREA 9 CASE NO: CT 90-lO/PUD 90-13
Map CT 90-10, and Planned Unit Development permit PUD 90-13 for an
86 unit condominium project and adopted Resolutions Nos. 3113,
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
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2. That the conditional negative declaration on the
above referenced project is approved and that the findings and
conditions of the Planning Commission contained in Resolution No.
3113 marked Exhibit A attached hereto are the findings and
conditions of the City Council.
3. That the tentative subdivision map of this project
(CT 90-10) is approved and that the findings and conditions of the
Planning Commission contained in Resolution No. 3114 marked Exhibit
B and attached hereto are the findings and conditions of the City
Council.
4. Planned Unit Development Permit PUD 90-13 is'approved
and that the findings and conditions of the Planning Commission
contained in Resolution No. 3115 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. RAUT
(SEAL)
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PLANNING COMMISSION RFSOLUTION NO. 3113
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
-OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A
CONDITIONAL NEGATIVE DECLARATION FOR A TENTATIVE
TRACT MAP/PLANNED UNIT DEVELOPMENTTO DEVELOP AN 86
DWELLING UNIT CONDOMINIUM PROJECT.
APPLICANT: AVIARA - PLANNING AREA 9
CASE NO.: CT 90-lO/PUD 90-13
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, 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) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning Commission
hereby recommends APPROVAL of the Conditional Negative Declaration according to
Exhibit “ND”, dated August 30, 1990, and “PII”, dated August 24, 1990, attached hereto
and made a part hereof, based on the following findings:
Findims:
1. The initial study shows that there is no substantial evidence that the project may have a
signikant impact on the environment, provided that the mitigating conditions of approval
arecompliedwith
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 traffic generated by the proposed project.
4. There are no sensitive resources located onsite or located so as to be significantly impacted by this project.
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Conditions:
1. Prior to occqanq of any of the dwelling units, the project applicant shall consmxt a
maximum 6.0 foot high sound attenuation wall, as desaibed in the Acoustical Analysis for
PA-~along Alga Road. hior to the ocmpamy of any units in building 1, lot 3, the
project applicant shaIl incorporate ail required traffic noise mitigation measures as
descr&ed in the AcousticaI Analysis for PA-9, (i.e. balcony baniers and mechanical
ventilation) into those units.
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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
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AYES: Chairperson Schramm, Commissioners: Schlehuber, Holmes, Marcus and
Holmes.
NOES: None.
11 ABSENT: Commissioners: McFadden and Erwin.
12 ABSTAIN: None.
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SHARON SCHRAMM, Chairperson
CARLSBAD PLANNING COMMISSION
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PROJECr ADDRESS/LOCATION: AWAR PLANNING AREA 9 - Along Finch Lane
between Alga Road and Kingfisher Place.
PROJECT DESCRIPTION: A Tentative Tract Map and Planned Unit Development to
develop 86 Condominium Units and two recreation areas on 16 acres.
The City of Carlsbad has conducted an environmental review of the above described project
pursuant to the Guidelines for Implementation of the California Environmental Quality Act
and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said
review, a Negative Declaration (declaration that the project will not have a significant impact
on the environment) is hereby issued for the subject project. Justification for this action is
on file in the Planning Department.
A copy of the Negative Declaration with supportive documents is on file in the Planning
Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public
are invited. Please submit comments in writing to the Planning Department within 30 days
of date of issuance.
DATED: AUGUST 341990
CASE NO: CT 90-lO/PUD 90-13 Planning Director
APPLICANT:- AVIARA PLANNING AREA 9
PUBLISH DATE: AUGUST 30,199O
MG:lh
2075 La8 Palmas Drive l Carlsbrd. California 920094859 - (819) 438-l 161
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO. CT 90-lO/PUD 90-13
DATE: AUGUST 24. 1990
BACKGROUND
1. CASE NAME: AW - PJ&UNING AREA 9
2. APPLICANT: MCKELLAR COMMUNITIES
3. ADDRESS AND PHONE NUMBER OF APPLICANT: 5151 SHOREHAM PLACE
SAN DIEGO. CA 92122
4. DATE EJA FORM PART J SUBMITTED: CH 2. 1990
5. PROJECT DESCRJPTION: SUBDMSION MAP AND PLANNED UNIT
DEVELOPMENT TO DEVELOP 86 CONDOMINIUM UNITS SOUTH OF ALGA ROAD AND
NORTH OF KINGFISHER PLACE.
ENWRONMENTAJ, IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct an
Environmental Impact Assessment to determine if a project may have a significant effect on the environment.
The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist
identifies any physical, biological and human factors that might be impacted by the proposed project and
provides the City with information to use as the basis for deciding whether to prepare an Environmental
Impact Report or Negative Declaration.
* A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or
any of its aspects may cause a significant effect on the environment. On the checklist, “NO” will be checked
to indicate this detamination.
l An EIR must be prcpplrcd if the City determines that there is substantial evidence that any aspect of the project may cause a sienificant effect on the environment. The project may qualify for a Negative
Declaration however, if adverse impacts are mitigated so that environmental effects can be deemed
insimik~. These findings are shown in the checklist under the headings “YES-sig” and ‘YES-insig”
respectively.
A discussion of potential impacts and the proposed mitigation measures appeats at the end of the form under
DISCUSSION OF ENVIRONMENTAl, EVALUATION Particular attention should be given to discussing
mitigation for impacts which would otherwise be de&nined significant.
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY:
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6.
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8.
9.
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11.
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Result in unstable earth conditions or
increase the exposure of people or property
to geologic hazards?
Appreciably change the topography or any
unique physical features?
Result in or be affected by erosion of soils
either on or off the site?
Result in changes in the deposition of beach
sands, or modification of the channel of a
river or stream or the bed of the ocean or
any bay, inlet or lake?
Result in substantial adverse effects on
ambient air quaky?
Result in substantial changes in air
movement, odor, moisture, or temperature?
Substantially change the course or flow of
water (marine, fresh or flood waters)?
Affect the quantity or quality of surface
water, ground water or public water supply?
Substantially increase usage or cause
depletion of any natural resources?
Use substantial amkts of futl or energy?
Alter a significmt archeofogi~
paleontological of h&to&al site,
structure or object?
NO
x
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WILL THE PROPOSAL DIBECKY OR INDIREmLY: E S Sl
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Affect the diversity of @ties, habitat
or numbers of any species of plants (including
trees, shrubs, grass, microflora and aquatic
plants)?
Introduce new species of plants into an area,
or a barrier to the normal replenishment of
existing species?
Reduce the amount of acreage of any
agricultural crop or affect prime, unique
or other farmland of state or local
importance?
Affect the diversity of species, habitat
or numbers of any species of animals (birds, land animals, all water dwelling organisms
and insects?
tntroduce new species of animals into an area, or result in a barrier to the
migration or movement of animals?
HUMANENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECIIYz
17.
18.
19.
20.
21.
Alter the present or planned land use
of an area?
Substantially affect public utilities,
schools, police, i%, v or other
public services?
Result in the need for new or modified sewer
systems, solid waste or hazardous waste
control systems?
Increase existing noise levels?
produce new light or glare?
8 S Y
F S msig)
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NO
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NO
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WILL THE PROPOSAL DtRECTLY OR INDIRECTLY:
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Involve a significant risk of an explosion
or the release of hazardous substances
(including, but not limited to, oil,
pesticides, chemicals or radiation)?
Substantially alter the density of the
human population of an area?
Affect existing housing, or create a demand
for additional housing?
Generate substantial additional traffic?
Affect existing parking facilities, or create a large demand for new parking?
Impact existing transportation systems or
alter present patterns of circulation or
pavement of people and/or goods?
Alter waterborne, rail or air traffic?
Increase traffic hazards to motor
vehicles, bicyclists or pedestrians?
Interfere with emergency response plans or
emergency evacuation plans?
Obstruct any scenic vista or create an
aesthetically offensive public view?
Affect the quality or quantity of
existinn recreatioaA oDnortunities?
YES
bigI YES (insig) NO
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MANDATORY FINDINGS OF SIGNIFICANCE
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Does the project have the potential to substantially degrade the quality
of the environment, substantially
reduce the habitat of a fish or wild-
life species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or animal community, reduce the number or
restrict the range of a rare or en-
dangered plant or animal, or eliminate
important examples of the major periods
of California history or prehistory.
Does the project have the potential
to achieve short-term, to the dis-
advantage of long-term, environmental
goals? (A short-term impact on the
environment is one which occurs in a
relatively brief, definitive period of
time while long-term impacts will
endure well into the future.)
Does the project have the possible
environmental effects which are in-
dividually limited but cumulatively
considerable? (“Cumulatively con-
siderable” means that the incremental
effects of an individual project are
considerable when viewed in connection
with the effects of past projects, the
effects of other current projects, and the effects of pdmble future projects.)
Does the project hate environmental
effects which will cause substantial
adverse effects on human beings,
either directlv or indkectlv?
NO
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DISCUSSION OF ENVIRONMENTAL EVAJ,UAJ’JON
This project is a 86 unit (multi-family) subdivision (6 residential and 1 open space lot) located along Finch Lane between Alga Road and Kingfisher Place within the Avkra Master Plan area.
The project site is 32.5 acres in size and has been previously rough graded consistent with
approved grading plans&r CT 8535. For this environmental analysis, staff conducted two field trips to the subject property and reviewed the Pacific Rim Country Club and Resort Master Plan
EIR 83-2(A) which already covered this property. Three canyons containing Coastal Sage Habitat
extend from the north and west portion of the site and are under deed restriction by the
California Coastal Commission. The remainder of the property has been mass graded and no
sensitive environmental resources exist upon it. In that: (1) the proposed residential project is
allowed by the underlying Aviara Master Plan and General Plan, (2) it is surrounded by
compatible existing or future land uses including the Four Seasons Aviara Resort and open space
to the north, the Aviara Golf Course to the east and west, and the Aviara Resort Sports Center to the south, (3) the site has been previously rough graded and (4) the project will not encroach
into the deed restricted Coastal Sage Scrub habitat to the north, no environmental impacts are
anticipated. There were no public comments received in response to the Notice for a Mitigated
Negative Declaration.
PHYSICAL ENVIRONMENT
1. The project requires balanced grading totaling 32,450 cubic yards. The site has been
previously rough graded consistent with approved grading plans for CT 85-35. No unstable
earth conditions will be created as the grading plan is required to meet City Engineering
Standards.
2. The topography of the previously graded site will not be significantly changed from its
present graded state.
3. Properties surrounding the project site are currently in a graded but otherwise undeveloped
state. The project will not result in or be affected by erosion of soils as all necessary
drainage and erosion control facilities have been or will be provided to handle runoff from
the site.
4. impacts to Ba@quitos Lagoon (i.e. erosion and runoff) will be adequately mitigated as
discussed in response to #3 above.
5. The project win have an incremen tal impact on air quality (as discussed in EIR 83-2(A)), in
that it will wte 688 trips/day. However, this impact is not considered significant in
itself. Long tam mitigation of air quality impacts will require that dependence upon the
automobile be reduced regionally and statewide.
6. The project has a minimum 20 foot separation between the structures. This design will provide for adquate air movement.
!XSCUSSiON OF ENVIRON-AL EV&UA~ON (CONTINUED1 . .
7. The project a not change the course or flow of water as no streams are located in the
immediate area and drainage waters will be handled by existing and/or proposed facilities.
8. Development of &@ project will create impervious surfaces onsite which would reduce
absorption rates and incrementally increase surface runoff and runoff velocities. However, to accommodate this incremental runoff, drainage facilities will be incorporated into the
project to divert the runoff to new curb and gutter along Blackrail Court, thereby mitigating
this concern.
9. Aside from the Coastal Sage Scrub habitat located in the northern portion of the property
(which will be maintained in Open Space), no natural resources exist on this previously
graded site.
10. Implementation of this project will incrementally contribute to the depletion of fossil fuels
and other natural resources during construction and operation. This incremental increase
is not. considered significant.
11. The site is currently disturbed and all identified archaeological, paleontological or historical
sites have been previously mitigated.
B[OLOGKAl, ENVIRONMENT
12.
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14.
1s.
16.
Excluding the Coastal Sage Scrub habitat located at the northern portion of the site which
will be maintained in open space (deed restricted) the balance of the site has been disturbed
through grading activities. In accordance, no significant biological resources will be
impacted through project development.
No significant impacts to the Coastal Sage Scrub habitat located in the northern portion of
the site are anticipated in that the landscaping proposed adjacent to this area will be
compatible k-retardant and non-invasive.
Implementation of the proposed project will not reduce the amount of acreage of any
agricultural crop or affect fatmland of State or local importance.
Wrought iron King located between development areas and the deed restricted open space
to the north wiU mitigate impacts of domestic pets upon the wildlife in this open space area.
In that the on site protected habitat area is linked to other undeveloped open space areas
within the Master Plan and because project fencing will deter domestic pet intrusion into this protected habitat area, no impacts or barriers to the movement of wildlife is anticipated to
occur.
. DISCUSSION OF EWRONMENTAL EVALUATION (CONTINUED):
HUMAN ENVIRONh!lENI
17.
18.
19.
20.
21.
22.
23.
24.
2s.
26.
Development Of this project wih be consistent with the General Plan, Master Plan-177 and
the Mello II LCP. The proposed triplex produce type is compatible with adjacent land uses.
As discussed in the Zone 19 Local Facilities Management Plan, with the payment of all required fees, all public facilities and services will be available to meet the demands of the
project.
See 18 above.
Construction of the project will not result in noise impacts upon surrounding residences
since the adjacent properties are undeveloped. Otherwise, the project is compatible with
surrounding future uses and will not create significant noise impacts. Alga Road, which is
located along the northern property boundary will create noise levels in excess of 60 dBA
CNEL. However, this noise impact is proposed to be mitigated through the incorporation
of a solid noise barrier (wall) between the road and the adjacent dwelling units and through
the use of other sound attenuation measures (i.e. plexiglass shielded balconies, and
mechanical ventilation) as specified within the Acoustical Study for this Planning Area.
Lighting utilized onsite will be directed so as to not impact adjacent future views.
Because this is a residential project it will not involve a sign&ant risk of an explosion or
the release of hazardous substances.
The proposed project net density of 2.6 du/acre is well below the density permitted upon
the site (3.1 du/acre) per the Aviara Master Plan. In view of the reduced density, overall
project environmental effects should lx reduced.
The project will provide additional housing units to meet existing demand.
A total of 668 average daily vehicle trips will be generated by the project which will not
signikantly impact the circulation system as discussed in EIR 83-2(A) and LPMP - 19.
The demand f# parking facilities created by this project will be satisfied onsite. Two garage
spaces will be provided for each unit in addition to a total of 26 guest parking spaces.
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DISCUSSION OF ENVIRONMENTAL EVALUATION KONTINUEDI: -
27. This project will rcquirr improvements to Kingfisher Place and completion of Alga Road from
El Camino m to its entryway. The project wil.l add 668 ADT to Alga Road and other
surrounding s~t~~‘This minor increase in traffic is not considered signikant.
28.
29.
The project site is outside of the Airpon Influence Area for Palomar Airport.
Two vehicular access points are proposed for the project and are not located to cause
conflicts with the intersections at Alga Road or King&her Place.
30.
31.
The project will not interfere with emergency response plans.
The project will not obstruct any scenic vista and will create an aesthetically pleasing street
scene along Alga Road and Finch Lane through the use of adequate structural setbacks,
structural relief and rich landscaping.
32. Areas for private common recreational pursuits are provided on site.
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ANALYSIS OF VIABLE ALTERNATIVES TO THE PROPOSED PROJEQ SUCH AS: .
a) Phased development of the project, b) alternate site designs, c) alternate scale of development, d) alternate uses for the site, e) development at some future time rather than now, f) alter- nate sites for the proposed, and g) no project alternative.
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The 86 dwelling units proposed with this project will be completed i.n one phase. Phasing would not result in an environmentally superior project.
This project has been designed to comply with all development standards and design guidelines of the Aviara Master Plan. The proposal creates no significant environmental impacts. In accordance, no alternate site designs would appear as environmentally superior.
The scale of this proposal (86 dwelling units) is a potentially superior improvement over the maximum of 100 dwelling tits permitted per MP-177.
Any change of land use (except higher density residential permitted per MP-177) upon the subject property would necessitate a General Plan Amendment and Master Plan Amendment.
Since the site is already rough graded and, all public facilities and services will be available to support this proposed project, development at some future time would not be regarded as an environmentally preferable alternative.
There are alternative sites for the project; however, they have no environmental advantages, and this proposal is consistent with the existing land use plans.
The “no project” alternative is not in conformance with the General Plan/Master Plan designation for the property. Since the site is already graded, this alternative is not environmentally superior.
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D.FTERMINATION (To Be Completed By The Planning Department)
On the basis of this initial evaluation:
- I find the proposed project Ca have a signikant effect on
the environment, and a NEGATIVE DECLARATION will be prepared.
x I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in
this case because the mitigation measures described on an attached sheet have been added to the project. A Conditional Negative Declaration will be proposed.
- I find the proposed project MAY have a signifknt effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
Signature
Date
LIST MITIGATING MF.ASURES (IF APPLICABI&,)
1. Prior to the occupancy of any of the dwelling units, the project applicant shall construct a maximum 6.0 foot high sound attenuation wall, as desaibe!d in the Acoustical Analysis for PA-9, along Alga Road. prior to the occupancy of any units in building 1, lot 3, the project applicant shall incorporate ail required traffic noise mitigation measures as described in the Acoustical Analysis for PA-9, (i.e. balcony barriers and mechanical
ventilation) into these units.
ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE)
MG:lh
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W& NG MEASU
THtS IS TO CERT[m THAT I HAVE REVIEWED THE ABOVE MmGA‘l'ING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT.
Date Signature
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PLANNING COMMISSION RESOLUTION NO. 3114
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP TO
DEVEkOP AN 86 DWELLING UNIT CONDOMINIUM PROJECT ON PROPERTY
GENERALLY LOCATED ALONG FINCH LANE BETWEEN ALGA ROAD AND
KINGFISHER PLACE.
CASE NAME: AVIARA PLANNING AREA 9
CASE NO.: CT 90-10
WHEREAS, a verified application for certain property to wit:
Lots 6, 7 and 8 of Tract 85-35 Aviara, Phase I-Unit A, according to Map 12409,
recorded June 29, 1989, in the City of Carlsbad, County of San Diego, State of
California
has been filed with the City of Carlsbad and referred to the Planning Commission; and
I 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.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows:
A)
B)
That the above’ recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission recommends
APPROVAL of CT 90-10, based on the following findings and subject to the following
conditions:
Findingg:
1. The project is consistent with Master Plan 177 since the proposed density of 2.65 du/acres
is within the permitted density of 3.1 duiacre as specikd within MP-177.
2. 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.
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6.
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10.
11.
12.
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 shah be placed on the final map that building permits may not be
issudfor 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 th.is project.
The dedication of the 12.4 acre school site at the intezsection of Alga Road and Ambrosia
lane is acceptable as mitigation of the impact to exist@ Carl&ad Unified School District
school facililiies,
T’he dedication of a 24.25 acre park site at the! northexn texminus of Ambrosia Lane
satisfies park fee req-
All necessary public improvements have been provided or will be required as conditions
of approval.
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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 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.
Theprojectisconsistentwiththedwhpmeststamhds anddesigncriteriaoftheAviara
Master Plan 177 and the Planned Development Ordhnce, the city’s Noise Policy 17, and
tI.wMelloILocalCoasealProgram
The proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for Open Space and Recreational Commercial
development on the General Plan
This project will not cause any significant environmental impacts and a Conditional
Negative Declaration has been issued by the Planning Director on August 24,199O and
recommended for APPROVAL by the Planning Commission on October 3, 1990. In
recommending approving this Conditional Negative Declaration the Phning 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
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.
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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.
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Approval is granted for CT 90-10 as shown on Exhibit(s) “A” - “EE”, dated October 3,
1990, incorporated by reference and on file in the Planning Depment. Development
shall occur substantially as shown unless otherwise noted in these conditions.
The developer shah provide the City with a reproducible 24” x 36”, mylar copy of he
Tentative Map as approved by the City Council. The Tentative Map shah reflect the
conditions of approval by the City. The Map copy shah 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 tInal map. Said map shah show all lots and stieets within and
adjacent to the project. .
This project is approved upon the express condition that the final map shah not be
approved unless the City Council finds as of the time of such approval that sewer service
is available to serve the subdivision.
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 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 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 subdivider’s
agreement to pay the public facilities fee dated March 1,1990, a copy of which is on file
with the City Clerk and is 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 will
bi! void.
Water shall he 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.
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9. 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
unlessthe City Council determines that the project without the condition complies with
all requirements of law.
10. Approval of this request shah not excuse compliance with all sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit
issuance.
11. The applicant shall establish a homeowners 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.
said cc&R% shall include the following provisions:
a) Noparkingofvehicksinprivatedrkwayswhichmeasure less than 20 feet
from the garage door to the back of sidewalk or edge of curb face, whichever
isclosesttothestructure.
b) * maximum wan and/or fence height# in&lding combinations thereof, shall
besixfeet ~opensafetyrailingsofathreefoorheightmarimllmthatare
required by a governmental agency can protrude above the six foot height
link
c) Au changes to the approved lan&caping as shown on Exhibit T dated
October 3,1990, except for genetal w shall be reviewed and
approved by the Planning Director prior to implementation. Requests for
changes to project lamkaping shaIl be accompanied by a set of landscape
plans (24. x 367.
d) Noeqansionofexistiqs&uchue may take place, except for patio covers or
decks. All stmctum must maintin a three foot setback from any common
fencelineandfivcfeetfrom~f~liPeborderingcommonareaorfrom
anytoporbottomofslopc
12. The applicant shall submit a street name list consistent with the Cit~+s street name policy
subject to the Planning Director% 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 shah be maintained in a healthy and thriving condition, free from
weeds, trash, and debris.
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The developer shall install street trees at the equivalent of r)O-foot intervals along au
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 L5idscape 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 p.Jans shall be designed to minimiz e water use. Lawn and other zone 1 plants (see Landscape Guidelines Manual) shah 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.
AU 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 footprints,
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 reviewed by the Planning Director.
The minimum shrub size shall be 5 gallons, except as approved by Planning Director.
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
4th the City’s Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
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.
AU S&S maps that are dismbuted or made available to the public shall include but not
be limited to trails, future and existing schools, parks, and streets.
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prior to the v Of any residential unit within this project, the Master Plans reCEd&Jnal vehicle SkjI’ZlgC area (within Planning Area 23) with all weather access road to it shall be available for use.
PxiorX 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 building 1, on lot 3 adjacent to Alga Road The WalI shall be constructed consistent with the recommendations of the Acoustical Study for PIanning Area 9 (Mestre Greve, 1990). Prior
to the occupancy of building 1, lot 3, the project applicant shall incorporate all required
traffk noise mitigation measures (i-e. balcony barriers and mechanical ventilation) into these units, as de&bed in the Acoustical Analy& for PA-9.
Prior to the issuance of a grading permit or the recordation of the Enal map, the project
applicant &II receive a Coastal Development Permit that approves development that is
in substantial conformance with this City approval. The Coastal Permit shalI be required
to be submitted to the City Planning Deparbment for review prior to the issuance of a
gradingpermit
Priortotheissuanceofagradingpermit,an.Coastaldeedrestrictedareas(asshownon
Exhibit”B”)shailbetiedandflaggedtoprohibit encroachment by construction
equipment
AU~whicharrsetbacltaminimumoffivcf~fromaprivatedrivewayshaIlbe
equipped with an automatic garage door opener.
Auperimetafences/wallsshallbetequired~bedesignedconsistentwiththematerials
and style of other Master Plan approved fences/wails.
This project is approved subject to the comBion that residential water conservation
measures including water efficient plumbing Wures in confoxmance with State and Local
Laws and policies, be incorporated into the project% design.
priortothcrecordationof~firstfinaltractmaporthcissuance of residential building
permits,whichenerisfirsZthcownaofncordofthcpropertywithintheboundariesof
thist~~tractmapshallprepanandrecordanoticethatthispropertyissubjectto
0v~sighZandsoundofaircrafroperatingfromPalomarAirportinamanner
meeting the approval of the Planning Director and the City Attorney. The applicant shall
p2#tairaaftnoisenotificationsigMin~Jalesand/or~officesassociatedwiththe
newdevelop- Thenumberandlocationsofsaidsignsshallbeapprovedbythe
Planning Director.
Ennineerinn Conditions:
37. This approvaI is subject all condikms ofappmvaI of Master Plan 177, Car&bad Tract 85-
35andZone19LocalFaciIity~ Plan,=d-Y auudmmk thereto.
38. TbisprojectblocatedwithintheMelloILocalCoastalPlau. Alldevelopmentdesignshall
complywiththeemsionconlxolrequkmentsofthatplan.
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‘Ihe developer shall 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
CablFTV authorities.
The developer shall provide an acceptable means for maintaining all the private streets,
sidewalks, 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. AU of the
above improvements are considered private unless otherwise labeled on the tentative map.
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. I
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 the fmal map 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.
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
p&nit 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, except as
required for model home area.
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.
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A separate grading plan shall be submitted and approved and a separate grading petit
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 &
project the developer shall submit to and receive approval from the City Engineer for the
proposed haul route. The developer shah 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 shah be provided in accordance with
the Carlsbad Municipal Code and the City Engineer. Reference Chap 11.06.
The developer shall construct desiltation/detention 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 or final map which ever occurs first for this project. Each desiltation basin shah 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 must be provided where feasible to convey roof drainage to an approved
drainagedeviceasrequiredbytheCityEngher.
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 shah 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 final map for this project. All land so offered shah 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 shall be waived on the final map except
for the point of connection with Finch Lane.
Prior to approval of any grading or building permits for this project, the owner shall give
w&ten 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. Thoee plans sbaU be in conformance withthe
Waste Discbarge RequiremenE for Stormwater and Urban Runoff from the Counly of San
Diegot
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The developer shall install street lights along all public and private street frontages in
conformance with City of Carlsbad Standards.
The developer shah install a wheelchair ramp at the public street comer abutting the
subdivision in conformance with City of Carlsbad Standards prior to occupancy of any
buildings.
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 shah 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 fne 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.
Thcdesignofallprivate~~and~systemsshaIlbeapprovedbythecity
~priortoapprovalofthefinalmapforthisproject The smctwalsectionof all
private streets shall confom to City of Carl&ad Se based on R-value tests. All
private~aoddrainagesystemsshallbeinspeetedbyrhe~,andthestandard
~~~pbnehedrandinspectinnfeessballb:paid~rtoapprovalofthefinal
map for this pmjec~ The hoxizontal design of the private streets are approved as shown
oilthc~map.
Irrigation systems to accommodate future reclaimed water shah 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
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* subjea pm in within the boundaries of hWSSlUent District No. 88-l (Alga Road). UpOn the subdivision of land within the dktrkt boundaries, the subdivider may pass
throughaJsessmentstOsubsequentowners~ifthesubdividerhasexecutedaSpeciai
Assesgmcnt district Pass-Through Authorization Agreement Said agreement contains
provisions regard@ notice to potential buyer of the amount of the assessment and other
provisioru and requires the subdivider to have each buyer receive and execute a Notice of
Assessment and an Option Agreement. Ln the event that the subdivider does not execute the Authotition Agreement the assessment on the subject property must be paid off in
full bv the subdivider prior to anv subdivision of the land.
As required by State law, prior to the recordation of a final map over any of the subject
property, a segregation of assessments must be completed and recorded for all subdivided
lots. By applying for a segregation of assessments, the subdivider agrees to pay the fee to cover the! costs associated 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
fmalmap. Intheeventasegregationofassessmentr is not recorded and property is
subdivided, the full amount of assessment wilI appear on the tax bills of ga& new lot.
An adjustment plat will be required to adjust the southeastern property. line. This
adjustment plat must be recorded prior to recordation of the final map. A letter of
permksion from the present property owner is on file in Cp 90-10.
Thisprojectisapprovedunderthe~~conditiontherewinbemodelunitr. The
grdng reqti for the model units is showing in an exhibit to the tentative map. The
grading for the model units prior to Cnal record&ion is authorized pursuant to the
approval of this tentative map. Sewer and water must be provided to the site. Fire
hydrants shah be provided as deemed necessary by the Fire MarshaL A separate grading permitshallbeobtainedforthemodelarea.
AU storm drain and sewerlines which do not carry public flows shah remain private and
be nmhtained by the Homeowners kociatior~ A note to this effect shall be placed in the
Cc&R’s,
A The lot configurations as shown on the tentative map are spec&aQnot approved.
This project shall have a total of &keen (13) lo& New Lot 1 shall be comprised
ofLoer2,3and19andaportionof~lbyextendingthc~tlinebenHeenold
Lot19and4eastandwest. NewLot2shallbecomprisedof~t4andaportion ofktsl. NewLot3shallbecomprisedofLots5anci7. NewLot4shallbe
comprisedofLots6,8andtheportionofLot1southoftheexknsionofthelot
lirvbaweenoldLorSand8tocheproposedeasementforapassivc~tion
area. NewLotSshallbecomprisedofLots9,10and18andtheportionofLot
lsouthoftheexrensionofthclotlinebetweenold~8andthcproposed
easemcntforapassiverecreationarea. NewLot6shallbecomprisedofLotsll
and12. NewLot7shaJlbecom@edofopenspace~t14. OpenspaceLo~16, 17and18shallberenumberedLota8,9and11. Thereaeationareasshahbe
renumbaedLot1Oand12,oldLots15and13. AportionofLot7shahbecome
ray2 Tht lot configuration as desaiki in this ccmd%n is included
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R Thephasingshallbeconsiskntwiththelotnumbersexc~t:
1. The construction of Finch Lane to just south of Shuttle Road and the
landscapingofoldapenspaceLot17shallbeindudednolaterthanPhase1.
2. Phase 1 shall include Lot 19 for model home parking.
3. Phase 7 shall consist of constructing residential units in the model parking
4. Phase1shaUincludethelan&capingofnewlots8and9(oldLots16and
17).
5. Phase 3 shall include the constxuction of recreation area new Lot 10 (old Lot
1S)andthehdscapingofnewbt13.
6. Phase S shall include the landscaping of new Lot 11 (old Lot 18) and the
constru&on of recreation area new Lot 12 (old Lot 13). -
c. Theopenspacelot-newLot7(oldLot14)shallbedeededovertotheAviara
Master hsociation concwent with Enal map recordation per the agreement
between the developer and Hihan properties.
D. ThefollowingareasshaUbegrantedascovenantfixeasements to aIl owners of
condominium units (not the Homeowners Ass&a&n). These covenant for
easemexusshallbeconveyedbyseparatedocument and recorded concurrent with
thefinalmap.
1. Acommonareainpeqeh&yasacovenantrunningwiththelandoverthe
areas shown as old Lots 13 and 15 on the tentative map, for landscaping,
maintenanceandrecreatioMlpmposes.
2. Acwnmonareainpeqet&yasacovenantruuuingwiththelandoveraU
pavedareasandsidmallyexceptindividualconcretedriveways,forvehicular
accesqparking,privateutiWesandmaintenancepuxpow (old Lots 1,2,5,6,
9 and 11).
3. Acommonareainpe+uityasacowzmntrunningwiththelandovernew
Lots 8, 9, 11 and 13 (old Lots 16, 17, 18 and a portion of Lot 7) for -=M-space- .
4. Acommonareainpeqet&yasacownantnmnbgwiththehdo~old
Lots 1 through 12 inch&e aucl Lot 19, for landsap& access and
maintenancep\rrposea
These eom for eawnen@shallbebindinguponaR suemsors,assignsand
txaders of tJovmator. Thesecovenants 83UUOtktplibUdWithOUtthe
appmalofthcitg. Wordingtothate!ffectsh?illkpbcedontheco~.
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E. Mthcabove~shanbeshownontheapprovedtentativcmapmy2ar.
74. If the developer chooses to construct out of phase, all improw required by previous
phases must be constructed.
Fire Conditions:
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Additional public ad/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 exist@ and
proposed fire hydrants and on site roads and drives to the Fire Max&al for approvaL
An all weather access road shall be uAnta&d throughout construction.
Allrequiredflrehydrants,watt?rmainsandappurtenances shall be operational prior to
combustible building materials being located on the project site.
Proposed secwity gate systems shall be provided with “Knox’ key operated override switch,
aSspeC&dbytheFireDepartment
AUprivate~shallkkeptclearofparlredvlehicleJatantimcs,andJhanhave
posted 740 Parkin@ire lane-Tow Away Zone”.
Brush~shallbc~accordingtothcspedficationscontainedintheCity
of Carl&ad Landscape Guidelines MauuaL
~tirealarm~~firchydrant3,extinguishingsgstcms,automatiesprialtlers,andother
systemspe&enttotheprojectshaUbesubmittedtotheFire Depammt for approval
pIior to co-a
Buildingexceed&1O,OOOsq.h.aggregatefloorareasballbesprinlrlered
. . . . .
PC RESO NO. 3114 -12-
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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 E.&n and McFadden.
ABSTAIN: None.
SHARON SCHRAMM, Chairperson
CARLSBAD PLANNING COMMISSION .
PLANNINC; DIRECTOR
MG:No
PC IWO NO. 3114 -13-
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PLANNING COMMISSION RESOLUTION NO. 3115
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD,
CALIFORNIA RECOMMENDING APPROVAL OF A PLANNED UNIT
DEVEWPMENT TO DEVELOP AN 86 DWELLING UNIT CONDOMINIUM PROJECT
ON PROPERTY GENERALLY LOCATED ALONG FINCH LANE BETWEEN ALGA
ROAD AND KINGFISHER PLACE.
CASE NAME: AVIARA PLANNING AREA 9
CASE NO.: PUD 90-13
WHEREAS, a verified application for certain property to wit:
Lots 6, 7 and 8 of Tract 85-35 Aviara, Phase I-Unit A, according to Map 12409,
recorded June 29, 1989, in the City of CarIsbad, County of San Diego, State of
California
has been fled 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
CarIsbad 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 ail persons desiring to be heard, said Commission considered all factors
relating to the Planned Unit Development.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows:
A) That the above recitations are true and correct.
W That based on the evidence presented at the public hearing, the Commission recommends
APPROVA& of PUD 90-13, based on the following findings and subject to the foIlowing
conditions:
Fin-:
1. Tbrprojcctbconsistmtwith~City’sMastaPlan177sincethcprop<wednetdensity
of~Sdu/aseJiswithinthepamiaed~of3.1du/aneasspecifiedwithinMaster
Plan 177.
2. 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.
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3. 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 building cannot occur within the project
unless sewer service remains available, and the Planning Commission is satisfied that the
requknents of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project.
4. The dedication of the 12.4 acre school site at the intersection of Alga Road and Ambrosia
Lane is acceptable as mitigation of the impact to existing Carl&ad Uniikd School District
facilities.
5. The dedication of a 24.2s acre park site at the northem terminus of Ambrosia hne
satides park fee requirements.
6. 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 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.
~discussedinthe~report,thprojeais:(1)consistentwiththedevelopment
seandardsoftheAviaraMasterPbn177and~P~DevelopmentOrdinance;(2)in
conformance with the Design CStexia of Master Plan 177; (3) in compliance with the
CZity% Noise Policy No. 17 as condition, and (4) is in conformance with the Mello II
LocalcoastalProgranL
The proposed project is compatible with the surrounding future land uses.
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PC RESO NO. 3115
This project will not cause any significant environmental impacts and a Conditional
Negative Deck&ion has been issued by the Planning Director on August 24,199O and
recommended for APPROVAL by the Planning Commission on October 3, 1990. In
recommending approving this Conditional Negative Declaration the Planning Commission
h& 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 faciliry 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.
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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. AII conditions for approval for CT 90-10 as contained in Planning Commission Resolution
No. 3114 apply to this approval and are incorporated through this reference.
PASSED, APPROVED, AND ADOPTED at a reguIar meeting of the Planning Commission
of the City of CarIsbad, California, held on the 3rd day of October , 1990, by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Schramm, Commissioners: Schlehuber, Holmes, Marcus and
HaU
None.
Commissioners McFadden and Erwin.
None. -_-. - .
SHARON SCHRAMM, Chairperson
CARLSBAD PLANNING COMMISSION
$ANI~ING DIRECTOR
PC RESO NO. 3115 -3-