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HomeMy WebLinkAbout1990-12-04; City Council; 10925; Aviara Caladris Planning Area 16i CIT.- ‘OF CARLSBAD - AGEND. -‘BILL 99 cl 3 - PLANNING AREA RECOMMENDED ACTION: If Council concurs your action is adopt Resolution No.88-9/8 approving the conditional negative declaration, tentative map (CT go-14), and planned unit development permit (PUD 90-17). 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 90-14), and planned unit development permit (PUD 90-17). 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 --4/s 1 2 3 4 5 6 7 8 9 10 11 12 9 % $9" J-7 $5 3 13 -uw$j 883s 14 gggg i ,S% 15 +>m* zwcno WZ--1 vaa6 204s 16 "581? >zq 17 5 0 18 19 20 21 22 23 24 25 26 27 28 - RESOLUTION NO. go-418 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A CONDITIONAL NEGATIVE DECLARATION, TENTATIVE SUBDIVISION MAP (CT 90-14) AND PLANNED UNIT DEVELOPMENT PERMIT (PUD 90-17) FOR A 9 LOT 56 DWELLING UNIT PROJECT ON 11.47 ACRES OF LAND GENERALLY LOCATED NORTH OF ALGA ROAD ALONG PINTAIL COURT APPLICANT: AVIARA CALADRIS - PLANNING AREA 16 CASE NO: CT 90-14/PUD 90-17 WHEREAS, on October 3, 1990 the Carlsbad Planning Commission held a duly noticed public hearing to consider a proposed conditional Negative Declaration, Tentative Subdivision Map CT 90-14, and Planned Unit Development permit PUD 90-17 for a 56 unit condominium project and adopted Resolutions Nos. 3118, 3119, and 3120, respectively recommending to the City Council that the Negative Declaration, Tentative Subdivision Map and Planned Unit Development permit be approved; and 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 CT 90-14 and PUD 90-17; and WHEREAS, a conditional 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: 1. That the above recitations are true and correct. - 1 2 3 4 5 6 7 8 9 10 11 12 9 g q ug, f?? 5 g* 5 i 8 13 t3q: 14 6 >A= -t5g mv i *24 15 +*ma ZWVJO tg&- 16 ZOSgj '$81? >2% 17 5 0 18 19 20 21 22 23 24 25 26 27 28 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. 3118 marked Exhibit A attached hereto are the findings and conditions of the City Council. 3. That the tentative subdivision map of this project (CT 90-14) is approved and that the findings and conditions of the Planning Commission contained in Resolution No. 3119 marked Exhibit B and attached hereto are the findings and conditions of the City Council. 4. Planned Unit Development Permit PUD 90-17 is approved and that the findings and conditions of the Planning Commission contained in Resolution No. 3120 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: (SEAL) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3118 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 DEVELOPMENT TO DEVELOP A 56 DWELLING UNIT CONDOMINIUM PROJECT. CASE NAME: CALADRIS AT AVIARA - PLANNING AREA 16 CASE NO.: CT 90-14/PUD 90-17 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, ex amining the initial study, analyxing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Conditional Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning ‘Commission as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Planning Commission hereby recommends APPROVAL of the Conditional Negative Declaration according to Exhibit “ND” dated August 30, 1990, and “PII”, dated dated August 24, 1990, attached hereto and made a part hereof, based on the following findings: Findings: 1. The initial study shows that there is no substantial evidence that the project may have a significant impact on the environment, provided that the mitigating conditions of approval iiecomplie!dwith. 2. The site has been previously graded pursuant to an earlier environmental analysis. @JR 83-2(A)). 3. 4. The streets are adequate in size to handle traffic generated by the proposed project. There are no sensitive resources located onsite or located so as to be significantly impacted by this project. EXHIBIT A Conditions: 1. prior to occupancy of any dwelling units, the project applicant shall construct a maximum 6.0 foot high sound attenuation wall as described in the Acoustical Analysis for PA-16, alongAlga Road. Prior to occupancy of units 3,7,12, 19,26,29,30-33, 52-56 the project applicant shall incorporate all required traffic noise mitigation measures as described in the Acoustical Analysis for PA-16 (i.e., balcony barriers and mechanical ventilation) into these units. 5 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 6 Commission of the City of Carlsbad, California, held on the 3rd day of October, 1990, by the 7 following vote, to wit: 8 AYES: Chairperson Schramm, Commissioners: Schlehuber, Holmes, Marcus and 9 Hall. 10 NOES: None. 11 ABSENT: Commissioners: McFadden and Erwin. 12 ABSTAIN: None. 13 14 15 SHARON SCHRAMM, Chairperson CARLSBAD PLANNING COMMISSION 25 II 26 27 PC RESO NO. 3118 28 -2- . & COND N PROJECT ADDRESS/LOCATION: AVIARA PLANNING AREA 16 - North of Alga Road between Aviara Drive and Batiquitos Drive PROJECT DESCRIPTION: A Tentative Tract Map and Planned Unit Development to develop 56 Condominium Units and one recreation area on 11.47 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 30, 1990 CASE NO: CT 90-14/PUD 90-17 IJ,& p’ L, &/.“ p f-r &q& ‘LC MICHAEL r; HOLZWLLER Planning Director APPLICANT: CALADRIS AT AVIAIWAREA 16 PUBLISH DATE: AUGUST 34 1990 MG:lh 2075 La8 Palmas Drive l Carhbad. Califokia 920094859 l (819) 438-l 161 . __ -PARTtI (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. CT 90-14/PUD 90-17 DATE: 9 BACKGROUND 1. CASE NAME: CALARD[S 2. . APPLICANT: CROSBY. MEAD. BFNTON AND ASSOCIATES 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 5966 LA PLACE CT.. STE. 170 CARLSBAD. CA 92008 4. DATE EIA FORM PART I SUBMtTTED: 5. PROJECX DESCRIPTION: TENTATIVE SUBDMSION MAP AND PLANNED UNIT’ D 0 NT0 rPME OP AND BLUE HERON WAY. ENVIRONMENTAL 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 sign&ant 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 De&r&on. * 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 determination. * An EIR must be d if the City determines that there is substantial evidence that any aspect of the project may cause a &i&Bt effect on the environment. The project may qualify for a Negative Declaration however, if advert impacts are mitigated so that environmental effects can be deemed insiticant. These findings are shown in the checklist under the headings ‘YES+” and ‘YES-in@ respectively. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under D[SCUSSION OF ENWRONMFNT?U EVALUATION . Particular attention should be given to discussing mitigation for impacts which would otherwise be determined sign&ant. PHYSIcALENvIRoNMENT WILL THE PROPOSAL DtRECI’LY OR INDIRECTLY: 1. Result in unstable earth conditions or increase the exposure of people or property to geologic hazards? 2. Appreciably change the topography or any unique physical features? 3. Result in or be affected by erosion of soils either on or off the site? 4. 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? 5. Result in substantial adverse effects on ambient air quality? 6. Result in substantial changes in air . movement, odor, moisture, or temperature? 7. Substantially change the course or flow of water (marine, fresh or flood waters)? a. Affect the quantity or quality of surface water, ground water or public water supply? 9. Substantially increase usage or cause depletion of any natural resources? 10. Use substantial +nounts of fuel or energy? 11. Alter a signSiant archeological, pakontologi~ or historical site, structure or object? NO x x x x x x -2- . BIOLDGICAL ENVIRONMENT WILL THE PROPOSAL DtREcTLY OR INDIRECTLY: 75 si S 12. 13. 14. 1s. 16. Affect the diversity4 species, 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? WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: 17. la. 19. 20. 21. Alter the present or planned land use of an area? Substantially affect public utiJities, schools, police, fire, cmc%ency or other public services? - ResultinthenwAfknewormodifiedsewer systems, solid waste or hazardous waste control systems? Increase existing noise levels? Produce new light or glare? 8 S 7% NO II IrnI F S mig) NO x x x x -3- : WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: 22. 23. 24. 25. 26. 27. Involve a significan~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 movement of people and/or goods? 28. Alter waterborne, rail or air traffic? 29. 30. 31. 32. Increase cfaffic 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 qualie ur q&n&y of existing xecmdod oppmunities? YES (sigl YES (inrig) NO x x x x x x x 4 MANDATORY FINDINGS OF SIGNIFICANCE 7% S si 33. Does the project ha; the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wild- life species, cause a &h 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 Caiifornia history or prehistory. 34. 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.) 3s. 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 c~phnt projects, and the effects of probable future projects.) 36. Does the pmjecf have environmental effects which will cause substantial adverse efkts on human beings, either directly or indirectly? Ei lmi NO x x QISCUSSION OF E.NWRONMENTAL EVALUATION This project is a 56 unit (m&i-family) subdivision (1 residential lot) located north of the Alga Road/Blue Heron Way intersection within the Aviara Master Plan area. The project site is 11.47 acres in size and has been previously rough graded consistent with approved grading plans for CT 85-35. For this &ironmental 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. The northern portion of the subject property is vegetated with Coastal Sage Habitat and is under deed restriction to 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 Alga Road to the southwest, Open Space to the north and the Aviara Golf Course to the east, (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. 1. 2. 3. 4. 5. 6. The project requires grading totaling 30,000 cubic yards with ia,ooo cubic yards of export. 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. The topography of the previously graded site will not be significantly changed from its present graded state. 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. Impacts to Batiquitos Lagoon (i.e. erosion and runoff) will be adequately mitigated as discussed in response to C3 above. The project will have an incremental impact on air quality (as discussed in EIR 83-2(A)), in that it will generate 448 tips/day. However, this impact is not considered signiticant in itself. Long term mitigation of air quality impacts will require that dependence upon the automobile be reduced regionally and statewide. The project has a minimum 20 foot separation between the smctures. This design will provide for adequate air movement. -6- - DBl ATION (CO’ . . 7. The PrOjeCt Will 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. a. Development o&this 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 Pintail 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 ail identified archaeological, paleontological or historical sites have been previously mitigated. B[OLOGKAL ENVIRONMENT . 12. 13. 14. IS. 16. Excluding the Coastal Sage Scrub habitat located will be maintained in open space (deed restricted) through grading activities. In accordance, no impacted through project development. at the northern portion of the site which the balance of the site has been disturbed significant biological resources will be No sign&ant 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 fire-retardant and non-invasive. Implementation of the proposed project will not reduce the amount of acreage of any agricultural crop or affect fazmkmd of State or local importance. Wrought i&a f&g located between development areas and the deed rest&ted open space to the north will mitigate impacts of domestic pets upon the wildlife in this open space area. In that the cm 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 ENVIRONMENTAL EVALUATION (CONTINUED): HUMAN ENVIRONMENT 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. Development of this project will be consistent with the General Plan, Master Plan-177 and the Mello I LCP. The proposed triplex product 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 significant risk of an explosion or the release of hazardous substances. The proposed project net density of 4.8 du/acre is well below the density permitted upon the site (14.9 du/acre) per the Aviara Master Plan. In view of the reduced density, overall project environmental effects should be reduced. The project will provide additional housing units to meet existing demand. A total of 448 average daily vehicle trips will be generated by the project which will not significantly impact the circulation system as discussed in EIR 83-2(A) and LFMP - 19. The demand for 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 28 guest parking spaces. -a- I D[SCUSSIONl: 27. 28. 29. 30. 31. This project ti require improvements to proposed Pintail Court and completion of Alga Road hpm a Camin Real to its entryway. The project will add 448 ADT to Alga Road and other SUIWII&& streets. This minor increase in traffic is not considered significant. The project site is outside of the Airport Influence Area for Palomar Airport. Two vehicular access points are proposed for the project and are not located to cause conflicts with its intersection with Alga Road. 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 Pintail Court through the use of adequate structural setbacks, structural relief and rich landscaping. -9- ANALYSIS OF VIABLE <$m To . P . . 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. a> b) d) 4 fl g) The 56 dwelling units proposed with this project will be completed in 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 (56 dwelling units) is a potentially superior improvement over the maximum of 121 dwelling units permitted per MP - 177. Any change of land use (except higher density residential permitted per MP-1 77) 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. -lO- DETERMINATION (To Be Completed By The Planning Department) . On the basis of this initial evaluation: - I find the proposed project COULD NOT have a significant 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 signifkant 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. - 1 find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. fYit/w ‘ Date LIST MITIGATING MEASURES (IF APPLICABLY 1. Prior to the occupancy of any dwelling units, the project applicant shall construct a maximum 6.0 foot high sound attenuation wall, as described in the maximum Acoustical Analysis for PA-16, along Alga Road. Prior to occupancy of units 3, 7, 12, 19, 26, 29, 30-33, and 52-56, the project applicant shall incorporate all required traffic noise mitigation measures as described in the Acoustical Analysis for PA-16, (i.e. balcony barriers and mechanical ventilation) into these units. ATTACH MITIGATION MONITORING PROGRAM (IF APPLICAEtLE~ MG:lh -ll- . APPLICANT CONCURRENCE WITH MI-ITGATING MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MtTIGA'I'ING MEASURES AND CONCUR WI’IH THE ADDtTION OF THESE MEASURES TO THE PROJECT. 79x4-90 Date y\e -?f(kYk= Signature -12- 5s 2 w I 2 9 > u - i G E “4 u . . iLip =a 9 63 wo c3g au - APPEXDKX P ENV...,\.)NMENT~ MlTIGATlON MON’ITO~G JiECKLIS P&e 1 of 1 a C .- C 5 a . . A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A -TENTATIVE TRACT MAP TO DEVELOP A 56 DWELLING UNIT CONDOMINIUM PROJECT ON PROPERTY GENERALLY LOCATED NORTH OF ALGA ROAD ALONG PINTAIL COURT. CASE NAME: CALADRIS AT AVIARA - PLANNING AREA 16 CASE NO.: CT 90-14 WHEREAS, a verified application for certain property to wit: A subdivision of lot 90 of tract 85-35, Aviara Phase I according to Map 12410 of the City of Q&bad, County of San Diego, State of cali.fomia. has been filed with the City of CarIsbad 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 aII persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map and Planned Unit Development. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as foI.Iows: 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 90-14, based on the following findings and subject to the following conditions: FindingS: 1. Thcprojecr~consistcntwith~Plan177~thepmposcddensiryof4.88du/acre iswithinthcpermitteddensityof14.9du/acnatspecifiedwithinMp177. 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 3. 4. 5. 6. 7. 8. 9. 10. 11. . . . . . . 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 cond&ion 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 OCCUT 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 by the developer 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 Unified School District school fahlities. As such, no school fees will be required at time of building pemit issuance. The dedication by the dewloper of a 24.25 am park site at the northern terminius of Ambrosia Lane satisfies park fee requirements. All necessary public improvements have been provided or will be required as conditions of approval. The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to 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. The project is consistent with the development standards anddesigncriteriaoft.heAviara Master Plan 177 and the Planned Development ordinance, the City’s Noise Policy 17, and theMelloILocalCoastalProgranL 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 T& project will not cause any significant environmental impacts and a Conditional Negative Declaration has been issued by the Planning Director on August 24, 1990 and recommended for approval by the Planning Commission on October 3, 1990. In recommending approval of this Conditional 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. PC PESO NO. 3119 -2. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 publ.icTacilities and will mitigate any cumulative impacts created by the project. 13. This project is consistent with the City’s Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 19. Conditions: 1. 2. 3. 4. 5. 6. 7. . . . Approval is granted for CT 90-14, as shown on Exhibit(s) “A” - W, dated October 3, 1990, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. The developer shall provide the City with a reproducible 24” x 36”, mylar copy of the Tentative Map as approved by the 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 issuance of building permits or improvement plan submittal, whichever occurs first. A 500’ scale map of the subdivision shall be submitted to the Planning Director prior to the recordation of the final map. Said map shall show all lots and streets within and adjacent to the project. This project is approved upon the express condition that the final map shall 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 April 4,1990, 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 be void. Water shall be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and the Carlsbad Municipal Water District, dated May 25, 1983. PC PESO NO. 3119 -3- 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. 9. 10. 11. 12. 13. 14. 1s. 16. 17. 18. This project shall comply with all conditions and mitigation required by the Zone 19 LOCK Facilities Management Plan approved by the City Council on December 22, 1987, incorporated herein and on file in the Planning Department and any future amendments to the Plan made prior to the issuance of building permits. If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof, imposed by this approval or imposed by law on this project are challenged this approval shah 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 ah 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 shah be submitted to and approved by the Planning Director prior to final map approval. Said CC&R’s shall include a provision which prohibits parking of vehicles in any private c&eway which measures lessthan20feetfrom garage door to back of sidewalk or edge of curb face, which ever is closest to the structure. The applicant shah submit a street name list consistent with the Citys street name policy subject to the Planning Director’s 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 Wfoot 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 -Jar&cape 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. PC RESO NO. 3119 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 19. 20. 21. 22. 23. 24. 2s. 26. 27. 28. 29. 30. 31. 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 plans, 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 shah be S gallons, except as approved by the 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 with the Cit+ 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. 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. Prior to the WXpancyofanyresidentialllnitwirhinthispro~theMasterPlans recreational vehicle storage area (within Planning Area 23) with all weather access road to it shall be available for use. prior to the ormpancyofanyofthc~~~thcprojectarpplkantshall~~~a 6.0 high sound attenuation wall between Alga Road and the Pmposed dwelliq~units 3,7, 12,19,26,29,30-33, and 52-56 along A&a Road. The wall shall be const~cted consistent with the recommedations of the Acoustical Study for Planning Area 16 (Mesee Greve, 1990). Prior to the occupancy of units 3,7,12,19,26,29,3&33, and 52-56, the project applicant shall incorporate all required traiIic noise mitigation measum (Le., balcony ~andmechanicalvrmtilation)intothese~,asdesaibedintheAcoustical~ for PA la Priortotheissuamx ofagradingpermitorthneordatZonofthtfinalmap,thcproject applicantshall nxeiveaCoastal ~Pamitthat~rovesdclpelopmentthatisin SUM conformance withtlliscityapprovaL TbccoastalPelmitshatlkrequiredto besubmittedtotheCityPlanningDepammt forreviewpriortothe issuamxofagrading permit PC PESO NO. 3119 -s- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 32. 33. 34. 3s. 36. PIiortotheiimance ofagradingpen&allCoastalDeedRestzictedareasshallbestaked and flagged to prohibit encroachment by construction equipment AIl~which~~~~6.Sfeetorlessfiomaprivatedrivmraysballbeequippedwith an automatic garage door opener. Allperimeterfences,/wallsshallbere@red tobedesignedconsistentwiththematerials~d style of other Master Plan approved fences&ak This project is approved subject to the condition that residential water conservation measures inchrding water effkknt plumbing fktures in conformance with State and Local hvs and Policies, be incoqxxated into the projects design. priortothe~~tionofthcfirstfinaltractmaportheissuance of residential building permits,whicheverishrst,theownerofreeordofthepropertywithintheboundariesofthis tentative tract map shall prepare and record a notice that this property is subject to owdight, sight, and sound of a&aft operating from McClellan-Palomar Airport in a mannex meeting the approval of the Planning Director and the City Attorney. The applicant shall post aimaft noise notiikition signs in all sales and/or renlxl offices associated with the new development. the number and locations of said signs shall be apptived by the Planning Director. Engineering Conditions: 37. 38. 39. 40. 41. 42. This approval is subject to all conditions of Master Plan 177, Caxlsbad Tract 8535 and Zone 19 Local Facilitks Management Plan, and any amendments thereto. This project is located within the Mello I Local Coastal Plan. All development design shall comply with the erosion control requirements. The 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 Cable TV authorities. The deve@er shall provide an acceptable means for mahhnhg all the private streets, shkwalb, Street lights, storm drain fadlities and sewer f&Skies located within the subdivisionandto~~tt#costsofsuchnuintaurnceinanequitablemanneramong the owners of the units within the subdivisioz~ Adequate provision for such maintenance zhallkinchtdedwiththcCCEeR’ssubjecttotheapprovaofthcCity~. Allofthe abOWimpnmmmtaarCCOIKiddprivate. 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. PC RESO NO. 3119 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 43. 44. 45. 46. 47. 48. 49. so. 51. 52. 53. 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 o’“wner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent property prior to approval of the final 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. Grading in advance of final map may be allowed subject to City Engineer approval in accordance with Chapter 11.06 Carlsbad Municipal Code and departmental policy. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. Prior to issuance of a building permit for the project, the applicant must submit and receive approval for grading plans in accordance with City codes and standards, be issued a grading permit and complete the grading work in substantial conformance with the approved grading plans. The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. No grading shall occur outside the limits of the subdivision unless a grading or slope easement is obtained from the owners of the affected properties. If the developer is unable to obtain the grading or slope easement, he must either amend the tentative map or change the slope so grading will not occur outside the project site in a manner which substantially conforms to the approved tentative map as determined by the City Engineer and Planning Director. A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits. Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer 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 shall be provided in accordance with the Carlsbad Municipal Code and the City Engineer. Reference Chap 11.06. bin gutters are to be provided where feasible to convey roof drainage to an approved draimged&easapprovedbytheCityEnginem. PC BESO NO. 3119 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 54. 55. 56. 57. 58. 59. 60. 61. 62. Addidotml drainage easements and drainage structures shall be provided or installed prior to the issuance of grading or building permit as may be required by the City Engineer. The developer shall make an offer of dedication to the City for all public easements required by the= 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 shall be granted to the City free and clear of all hens 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, with the exception of the general utility and access easement at Pintail Court and the emergency fire exit Some improvements shown the tentative map and/or required by these conditions are located offsite on property which neither the City nor the subdivider has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The Developer shall conform to Section 20.16.095 of the Carlsbad Municipal Code. Prior to approval of any grading or building permits for this project, the owner shall give written consent to the annexation of the area shown within the boundaries of the site plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1. The form shah 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 Dkharge RequiremeW for Stormwater and Urban Runoff from the County of San Diego”. 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 witbin 24 months of final map approval and/or improvement plan approval, whichever occurs first. The design of all private streets and drainage systems shall be approved by the City Engineer prior to approval of the final map or issuance of any grading permit which ever occurs first for this project. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City, and the standard plan check and inspection fees shall be paid prior to approval of the final map/issuance of any or grading permit, whichever occurs first for PC RESO NO. 3119 -8- - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2% 63. 64. this project. The horizontal design of the private streets are approved as shown on the tentative map. The c&eloper shall install a wheelchair ramp at the public street comer abutting the project site in conformance with City of Carlsbad Standards prior to occupancy of any buildings. A The lot conliguration as shown on the tentative map are speci6cally not approved. The project shall have a total of nine (9) lots. All lots shall remain as shown with the addition of recreation area Lot 8, (a portion of Lot 2) and recreation area Lot 9 (a portion of Lot 4). B. The construction phasing shall occur as follows: 1. Phase1shallconsistofLotSforthemodeJunits. 2. Pllase2shallconsistoflat1. 3. Phase 3 shall consist of Lot 2 and recreation Lot 8. 4. Phase 4 shall consist of Lot 3. F5l PhaseSshallconsistofLot4andrecreationaxeaLot9. Phase 6 shall consist of constructing residential units in the model parking area. C. The following areas shall be granted as covenant for easements to all owners of condominium units (not the Homeowner Association). These covenant for easements shall be conveyed by separate document and recorded concurrent with the final map. 1. A common area in perpetuity as a covenant running with the land over all paved areas and sidewalks, except individual concrete driveways, for vehicular access, parking, private utilities and maintenance purposes. 2. A common area in perpetuity as a covenant running with the land over Lot 1, through Lot 5, for landscaping, access, maintenance and recreational purposes. 3. AcommonarcainperpetuityaJacovarantwiththclandovaaewLnts8 and9forreaeatiox&la&scapingandmaintnunccpurposes. These covenant for easements shall be binding upon all successors, assigns and transfers of covenantor. These covenants can not be quitclaimed without the approval of the City. Wording to that effect shah be placed on the covenants. D. E. All the above changes shall be shown on the approved tentative map mylar. If the developer chooses to construct out of phase, all improvements required by previous phases must be constructed. PC PESO NO. 3119 -9- _ -- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 65. 66. 67. 68. 69. 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. 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. The subject property is within the boundaries of Assessment Distxict No. 88-l (Alga Road). Upon the subdivision of land within the distkt boundaries, the subdivider may pass thr-sh assessments to subsequent owners Q& if the subdivider has executed a Special Assessment distrkt Pass-Through Authoxization Agnxmew Said agreement contains provisions regarding notice to potential buyer of the amount of the assessment and other provisions and requires the subdivider to have each buyex receive and execute a Notice of Assessment and an Option Agreeme In the event that the subdivider does not execute the Authorization Agreement, the awsment on the subject property must be paid off in full bv the subdivider urior to anv subdivision of the land. As required by State law, prior to the recordation of a final map over any of the subject properly, a segregation of assessments must be completed and recorded for all subdivided lots. By applying for a segregation of awsmen& 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 final map. In the event a segregation of assessments is not recorded and properly is subdivided, the full amount of assessmentwillappearonthetaxbillsof~newlot Thisp~jectisapprovedunderthcerpressconditiontherewillbemodel~. Thegrading requiredforthemodel~isshowninanexhibittotheteneativemap. Thegradingfor the model units prior to final map recordation is authorized pwsuant to the approval of this tentative map. Sewer and water must be provided to the site. Fire hydrants shall be provided as deemed necessary by the Fire MarshalL The CC&R’s for this development shall state that all storm drains, swerlines, and waterlines whicharenotforfireserviceareprivateandwiIlbe~bytheHomeowner ASSOktiOIL Fire Conditions: 70. Additional public and/or on site fire hydrants shall be provided if deemed necessary by the Fire Mar&al. 71. ThHpplicantsballsubmittwo(2)eapieJofasitcplan~~locationsofexistingand prop<wedfirchydrantsandonsitcroadsand~tothcFircMarshalforapprovaL 72. An all weather access road shall be nGntained throughout constru&oxL 73. AllrequiredErehydraws,watermainsandapp- hall be operational prior to combustiblebuiMingmate&lsbeinglocatedontheprojectsik PC RESO NO. 3119 -lO- . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1e 1s 2c 21 29 2: 24 25 26 27 2e 74. 7s. ~ed~hgataW~be provided with xnoi key operated o&de switch, Ali~tedrivcwayslessthan32’wideshallbekeptdearofparfredvehidesatalltimes, and shall have posted Wo Parking/Fire Lane-Tow away 2Lme* pursuant to Carlsbad Munkipal Code 76. 77. 78. Firere~rooiisballberequiredonallstmctures. Brush clearance shall be maintained according to the speci&ations contained in the City of Carl&ad Landscape Guidelines ManuaL Au fire alam systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systemspert&nttotheproj~sballbesubmittedtotheFire m for approval prior to construction 79. Buildings exceeding 10,000 sq. ft aggregate floor area shall be sprinklered., PASSED, APPROVED, AND ADOPTED at a re.gukr 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: Ewin and McFadden. ABSTAIN: None. SHARON SCHRAMM, Chairperson CARLSBAD PLANNING COMMISSION PC RESO NO. 3119 -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 PIANNING COMMISSION RESGLUTION NO. 3124 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAIUSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A -PLANNED UNIT DEVELOPMENT TO DEVELOP A 56 DWELLING UNIT CONDOMINIUM PROJECT ON PROPERTY GENERALLY LOCATED NORTH OF ALGA ROAD ALONG PINTAIL COURT. CASE NAME: CALADRIS AT AVIARA - PLANNING AREA 16 CASE NO.: PUD 90-17 WHEREAS, a verified application for certain property to wit: A subdivision of lot 90 of tract 8535, Aviara Phase I according to Map 12410 of 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 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 prescriied 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 Planning Commission as follows: A) B) Tha! the above recitations are true and correct. That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of PUD 90-17, based on the following findings and subject to the following conditions: Findings: 1. The project is consistaU with Master Plan 177 since the proposed density of 4.88 duiacre iswithinthpermitaddensityof14.9du/acn,asspeeifiedwithinMp177. 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. r - , L 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. 4. 5. 6. 7. 8. 9. 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 shall be placed on the final map that building permits may not be issue&k 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 iutersection of Alga Road and Ambrosia Lane is acceptable as mitigation of the impact to exist& Car&bad Unified School District school fa* Thededicationofa242Saacparksiteatthenorhemtenmm ‘us of Ambrosia Lane satisfies parkfeerequirements, AU 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 Assurances have been given that adequate sewer for the project will be provided by the City of Carlsbad. Theprojectisconsistentwiththedevelopmentstanda& anddesigncr&iaoftheAviara MasterPlan177andthePlanned Development ordhme, the Citfs Noise Policy 17, and theMelloILocalGwtalPmgram The proposed project is compatible with the surrounding future land uses. This project will not cause any significant environmental impacts and a Conditional Negative Declaration has been issued by the Planning Director on August 24, 1990 and recommended for approval by the Planning Commission on October 3, 1990. In recommending approval of this Conditional Negative Declaration the Planning Commission 6 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. PC PESO NO. 3120 -2- -. . f , . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 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. All conditions of approval for CT 90-14 as contained in Planning Commission Resolution No. 3119 apply to this approval and are incorporated through this reference. 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 SCHRAMM, Chairperson CARLSBAD PLANNING COMMISSION ATIE& l6&IAEI/J. HOLZMI&ER PLANNaG DIRECTOR PC RESO NO. 3120 -3-