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HomeMy WebLinkAbout1991-01-08; City Council; 10973; Planned Unit Development 41.09 acres FairwaysClT OF CARLSBAD - AGENC -‘BILL pj ’ ’ c+T 7 .- - AB# i O; 773 TITLE- APPROVING A MITIGATED NEGATIVE DECLARATION, . TENTATIVE SUBDIVISION MAP, PLANNED UNIT DEVEL-DEPTs HD7 MTG, l/8/91 OPMENT AND HILLSIDE DEVELOPMENT PERMIT FOR A 149 DEPT. CA PROJECT ON 41.09 ACRES: APPLICANT: FAIRWAYS CT 90-23/PUD 90-23/HDP 90-29 RECOMMENDED ACTION: If Council concurs your action is adopt Resolution No. .q/- 3 approving the Mitigated Negative Declaration, Tentative Map (CT 90- 23), Planned Unit Development (PUD 90-23) and Hillside Development Permit (HDP 90-29). ITEM EXPLANATION The City Council at your meeting of December 18, 1990 directed our office to prepare a resolution approving the Mitigated Negative Declaration, Tentative Map (CT 90-23), Planned Unit Development (PUD 90-23) and Hillside Development Permit (HDP 90-29). That document is attached. The Council should satisfy itself that the findings and conditions accurately reflect your intentions in the matter. EXHIBITS Resolution No. w-3 . t d 1 2 3 4 5 6 7 a 9 10 11 12 2 gj i?!tm A--'; $98 g 13 -OWgj qa 14 gg;g i 4s5 15 ,>mu ZWCOO w=--I orcUd 205s 16 ‘582 c 0 l7 c'% D la 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 91-7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A MITIGATED NEGATIVE DECLARATION, TENTATIVE SUBDIVISION MAP (CT 90-23), PLANNED UNIT DEVELOPMENT PERMIT (PUD 90-23) AND HILLSIDE DEVELOPMENT PERMIT (HDP 90-29) FOR A 149 LOT PROJECT ON 41.09 ACRES OF LAND GENERALLY LOCATED SOUTH OF CORTE DE LA VISTA AND EAST OF ALICANTE ROAD AND NORTH OF LA COSTA GOLF COURSE. APPLICANT: FAIRWAYS CASE NO: CT 90-23/PUD 90-23/HDP 90-29 WHEREAS, on October 3, 1990 the Carlsbad Planning Commission held a duly noticed public hearing to consider a proposed Mitigated Negative Declaration, Tentative Subdivision Map CT 90-23, Planned Unit Development permit PUD 90-23 and Hillside Development Permit HDP 90-29 for a 149 lot 132 single family detached home project and adopted Resolutions Nos. 3017, 3018, 3019 and 3020, respectively, recommending to the City Council that the Mitigated Negative Declaration, Tentative Subdivision Map, Planned Unit Development Permit and Hillside Development Permit be approved; and WHEREAS, the City Council of the City of Carlsbad, on December 18, 1990 held a public hearing to consider the recommendations and heard all persons interested in or opposed to CT 90-23/PUD 90-23/HDP 90-29; and WHEREAS, a Mitigated Negative Declaration was issued on August 30, 1990 and submitted to the State Clearinghouse for a 30 day review period. All comments received from that review period are fully incorporated into the conditions of approval for the tentative map. These conditions will be reviewed through a monitoring program set UP for the project. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the mitigated negative declaration on the above referenced project is approved and that the findings and conditions of the Planning Commission contained in Resolution No. 3017 marked Exhibit A attached hereto are the findings and conditions of the City Council. 3. That the tentative subdivision map of this project (CT 90-23) is approved and that the findings and conditions of the Planning Commission contained in Resolution No. 3018 marked Exhibit B and attached hereto are the findings and conditions of the City Council except for the following changes: A. Change Condition No. 46 to read as follows: "The project irrigation system shall be designed to easily adapt to a reclaimed water system and when reclaimed water is available, the project shall connect and use said reclaimed water system." B. Add to Condition No. 47 the following: "Prior to final map, the applicant shall bond in an amount to be determined by the City Engineer and Planning Director for the removal of the recreation vehicle storage area and conversion to an open space lot. Prior to recordation of a final map, the applicant shall also provide a written agreement from the owner of the Arroyo La Costa property (CT 88-3) that 2,660 square feet of R.V. parking will be set aside for use by the homeowners of the Fairways project in perpetuity. Said agreement shall be subject to the approval of the Planning Director and City Attorney." C. Change Condition No. 27 to read: I'Prior to recordation of a final map, the applicant shall submit detailed perimeter wall plans along Alicante Road for lots 3, 4, 9, 10, 11, 12, 13, 14, 15 and 16. These plans shall provide for a view wall for the residences across Alicante Road. The wall shall be constructed of wrought iron not to exceed 5 feet 4 inches in height or a combination of wrought iron with a maximum 2 feet high solid base. Pilasters shall be spaced as far apart as practical." ” n 1 4. Planned Unit Development Permit PUD 90-23 is approved 2 and that the findings and conditions of the Planning Commission 3 contained in Resolution No. 3019 marked Exhibit C and attached 4 hereto are the findings and conditions of the City Council. 5 5. Hillside Development Permit HDP 90-29 is approved and 6 that the findings and conditions of the Planning Commission 7 contained in Resolution No. 3020 marked Exhibit D and attached a hereto are the findings and conditions of the City Council. 9 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the 10 City Council of the City of Carlsbad on the 8th day of January 11 1991, by the following vote, to wit: 12 AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaard ,>ma zWv)O tiBd,- 16 ZOSS St= aEzi 17 c 0 -a u ia /I ATTEST: NOES: None ABSENT: None 19 20 ALETHA L. RAUTENKRAN 21 (SEAL) 22 23 24 25 26 27 28 3 . c 1 2 3 4 5 6 7 6 9 10 11 12 y ‘13 14 15 16 . 17 18 19 20 21 22 23 24 25 26 27 28 PC7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A MITIGATED NEGATIVE DECLARATION FOR A TENTATIVE MAP, PLANNED UNIT DEVELOPMENT AND HILLSIDE DEVELOPMENT TO DEVELOP A 149 LOT SINGLE FAMILY SUBDMSION. CASE NAME: FAIRWAYS CASE NO.: CT 90-23/PUD 90-23/HDP 90-29 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, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Mitigated Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: Al That the foregoing recitations are tnre and correct. That based on the evidence presented at the public hearing, the Planning Commission hereby reco APPROVAL of the Mitigated Negative Declaration according to Exhibit dated August 31, 1990, and “PIT’, dated August 30, 1990, attached a part hereof, based on the following findings: Filldill& 1. 2. The initial study shows t t there is no substantial evidence that the project may have a significant impac on the environment, provided that the mitigating conditions of appnwal with The site has been previous graded pursuant to an earlier environmental analysis. 3. The streets are adequate project. . . . ‘in size to handle traffic generated by the proposed 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 20 4. Tkre are potentially sensitive resources located onsite however mitigation measures have been added to the project which will mitigate any impacts to a level of insignificance. 5. That the Planning Gommksion finds and determines that the Mitigated Negative Declaxation has been completed in conformance with the California Environmental Quality Act, the state guidelines implementing said Act, the monitoring requirement as specikd in Public Resources code Section 21081.6 and the provisions of Title 19 of the Garlsbad Municipal code and that the Planning Commission has reviewed, considered and evalmted the information contained in the Declaratiot~ Conditions: 1. As mitigation for the loss of 9.7 acres of Galifomia Gnatcatcher habitat onsite, the applicant shah provide for the perpetual preserva tion off&e of 9.7 acres of habitat within the area described on attached Figure 2 and 3 and as certified by a qualified biologist as containing equal or greater habitat value. Prior to recordation of a final map, the applicant shah submit for review and approval by the Planning Erector, a detailed mitigation plan which includes the following items: (a) a precise legal description of the area to be preserved, (b) a habitat management plan, (c) fke management plan, (d) appropriate weed control measures, (e) appropriate forms of deterrence to access by humans and domestic animals, including fencing if deemed necessary, and (f) adequate measures assuring minimktion of light and noise impacts to the site. The perpetual presmation of the mitigation area shall be documented by an open space/conserva tion easement incorporating the mitigation plan in favor of the City for recording concurrently with recordation of the final map. . . . . . . . . . .*. PC RESO NO. 3017 -2- PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 3 I/ Commission of the City of Carlsbad, California, held on the 3rd day of October, 1990, by 4 the following vote, to wit: 5 AYES: Chairperson Schramm, Commissioners: Schlehuber, Holmes, McFadden, Marcus and Hall. 6 7 NOES: None. 8 ABSENT: Commissioner Erwin. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ABSTAIN: None. ATTEST: r SHARON SCHRAMM, Chairperson CARLSBAD PLANNtNG COMMISSION PC RESO NO. 3017 -3: MITIGATED NEGAltlVE DECLARATION PROJECT ADDRESS/LOCATION: South of Corte de la Vista and north of La Costa Golf Course. PROJECT DESCRIPTION: A residential subdivision of 133 single family lots on 41.09 acres in the residential density - multiple zone. 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 Mitigated 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 Mitigated 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 21 days of date of issuance. * DATED: AUGUST 31,199O CASE NO: CI; !k-23/PUD 90-23/HDP 90-29 Planning Director APPLICANT: THE FIELDSTONE COMPANY PUBLISH DATE: SEPTEMBER 6,199O CW:kITi 2075 Las Palmas Drive - Carlsbad, California 92009-4859 - (619) 438-l 16 1 -PARTcI (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. CT 90-23/HDP 90-29/PUD 90-23 DATE: JULY 23. 1990 BACKGROUND 1. CASE NAME: Fairwavs 2. APPLICANT: Fieldstone Comuanv 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 5465 Morehouse Dr. Ste 250 San Diego CA 92121 4. DATE EIA FORM PART I SUBMITTED: 5. PROJECT DESCRIPTION: A residential subdivision of 133 single familv lots on 41.09 acres c 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 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. l 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” wiIl be checked to indicate this determination. l An EIR must be prepared if the City determines that there is substantial evidence that any aspect of the project may cause a sienificanc &ect on the environment. The project may qualify for a Negative Declaration however, if adverse impacts are mitigated so that environmental effects can be deemed insiznificant. These findings are shown in the checklist under the headings “YES-s@” and “YJZS-ins&” respectively. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAI, EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. PHYSICAL ENVIRONMENT ‘ILL THE PROPOSAL DtREaY OR INDIRECI-LY: J . . 3. 4. 3. 6. 7. 8. 9. 10. 11. 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 quality? 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 amounts of fuel or energy? Alter a significant archeologica& paleontological or historical site, structure or object? YES YES NO big) (inrig) x x x x X x x x x X X -2. . . I BIOLOGICAL EMrIRoNMENT WILL THE PROPOSAL DIRECTLY OR tNDIRECTLYz YES YES W (hSl#l 12. 13. 14. 15. 16. Affect the diversity of 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? Introduce new species of animals into an area, or result in a barrier to the migration or movement of animals? HuMANENvIRoNn5uT WILLTHEPROPOSALDlRECTLYORINDIRECI'LYz . 17. Alter the present or planned land use of an area? 18. Substantially a&t public utilities, schools, police, fire, emergency or other public services? X NO x x x x YES YES NO (ro) Gmr, x -3. - . HuMqNmoNMENT ILL THE PROPOSAL DIRECI’LY OR INDIRECIZY: 1. I. 1. 7 -. 3. 4. 5. :6. ‘7. 18. 29. 30. 31. 32. Result in the need for new or modified sewer systems, solid waste or hazardous waste conuol systems? Increase erdsting noise levels? Produce new light or glare? 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 movement of people and/or goods? Alter waterborne, rail or air traffic? Increase traffic hazards to motor vehicles, bicyclists or pedestrians? Interfere with emcrgeriicy~IUQh!UOr emergency evacuation plans? Obstruct any scenic W or create an aesthetically offensive public view? Affect the quality or quantity of existing recreational opportunities? YES NO A.- x x x x x x x x x x x . MANDATORY FINDINGS OF SIGNIFICANCE WILL THE PROPOSAL DIRECTLY OR 1NDtREClI.Y: YES YES 33. 34. 3s. 36. 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 conmction with the effects of past projects, the effects of other cur&nt projects, and the effects of probable future projects.) Does the project brtpc environmental effects which will cause substantial advene effects on human beings, either directly or indirectly? NO x x x X - - GC USSION hvsical En- ecause of prior dimdance to the site extensive amounts of remedial grading are required. As proposed rhe reject design includes 256,000 cubic yards of balanced cut and Ell. The Hillside development Ordinance riteria accepts quantities less than 8000 cubic yards per disturbed acre as reasonable. This project proposes .pproximately 6230 cubic yards per acre. ;enerally the grading design steps the site down from the north to the south which is in close keeping with 9cisting conditions. Zfects of the project on erosion, air and water quality, and course or flow of waters will be minimal. Those Jopes which are manufactured and could have the potential to erode will be controlled through slope Aanting. Manufactured slopes will not exceed a 2:l ratio or exceed a height of 30 feet. Referencing Section 15064(i) of the State CEQA Guidelines: “[i]f an air emission or water discharge meets the existing standard for a particular pollutant, the Lead Agency may presume that the emission or discharge of the pollutant will not be a significant effect on the environment.” Total project emissions will not exceed threshold criteria. Project location precludes potential impacts on the course or flow of marine or fresh waters. A portion of a 100 year flood plain is identified within the westerly project boundary however, alteration to that flood plain has been avoided through project design. Although natural resources will be used for the consuuction of the project, primarily lumber, maintenance and operational uses of resources, water and oil, can not be considered significant. Water consumption will be ultimately determined by the inditilual user for domestic and landscape purposes. Water conserving irrigation could be installed for commc-I areas. Once the project has been occupied the individual consumption of fuel or energy will be determined by the user. Active and passive solar design, insulation and the installation of energy saving appliances could provide a first step mitigation to reduce the need for excessive amounts of energy. The site has not been identified as having any archaeological, paleontological or historic significance. Biolonical F-a The site was pmviously disturbed by the aeation of larger pads. Since that time there has been some natural revegitation of the site. - Vegetation consists predominately of non-native plant species but also includes California Sagebrush and Broom Baccharis. There are no mature trees within the proposed grading areas. Early site inspections by staff did not reveal the presence of any designated significant species. Fully developed surrounding conditions have isolated the site from areas that are more likely to accommodate sensitive plant and animal species typically found in the Car&bad area. However, recent sitings and observations have been made of a pair of nesting California Blacktailed Gnatcatchers. The Gnatcatcher is a category 12 listed species on the Federal Register and may soon receive endangered status by that agency. A study was conducted by Bary Jones, Senior Biologist with ERC Environmental and Energy Services Co. It was concluded that generally the overall wildlife value of the habitat onsite was low and that an offsite mitigation measure would reduce the impact on the habitat to a level of insignificance. The mitigation proposed requires a revegitation of coastal sage adjacent to a future high school and residential devleopment. There are no other identified sensitive species. The introduction of plants and animals usually related to a residential development will not have detrimental effects or create a banier to movement of other sensitive species. The site has not been identified as agricultural land and has not been used as such. Human Environment . The site carries a medium density general Plan designation which allows a density range of 4-8 dwelling units per acre. Zoning on the property is Residential Density - Multiple Zone. The General Plan characterizes Medium density as small lot single family homes as well as duplexes and town homes. No zone or General Plan amendments are proposed. Public utilities and services, such as sewers, schools, police, fire and emergency, can be provided by the individual responsible agencies. Letters of service availability are on file with the City. Noise and light levels will increase however not to levels of significance. Noise sources after completion will be hunian voices, radio and television, household and maintenance related appliances and automobile and truck traffic. Construction noise will be short term and acceptable noise levels will be governed by the City of Carlsbad Municipal Code. Light reflectivity will change due to recontouring and the future existence of residences vs. vacant property. New light sources will be established by street lamps and individual home exterior and interior lighting. Light sources within the public right-of-way will be subject to City designated standards for intensity. The use of hazardous substances in signii%ant quantities is not a part of this project, nor is it anticipated that there will be storage of hazardous and/or volatile materials. Implementation of the projtct will not create a need for additional housing however it will have an effect on existing housing in the general vicinity. Those impacts will be primarily economic. The project is not intended for East time buyer or low to moderate income households. Traffic will be increased by approximately 1300 average daily trips (AD’I’). This projection falls within the service levels of the adjacent exkting street system. No new mass transportation routes or facilities are required by the transit district. Streets and sidewalks have been designed to accommodate foot, bicycle, and automobile trafIic without compromising safety. The project has been designed to follow the general existing topography. As development moves south pad elevations are lowered. The result reduces the visual effect of the development as seen from lower lying areas i.e. La Costa Golf Course. Views from the development can also be maximized. uman Environmen$ d he proposed architecture is compatible with the smunding neighborhood and buildings will be setback om the slope tops s&ickn~ so that the visual impact on the sounding area is eliminated or significantly :duced by the slope. ach lot will have a private yard in excess of a minimum 15’ x 15’ flat area. In addition common open ,ace/passive recreation lots have been incorporated throughout the site. NO common active facilities are eing proposed. Although the site is adjacent to the La Costa golf come there is no reciprocity between the NO. However other public recreation facilities are in close proximity. -‘AN YSI OF g A 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) alternate sites for the proposed, and g) no project alternative. a) The project is proposed as phased development. Because there are no significant impacts to circulation or impacts to setices there is no environmental advantage to delay development other than postponing ultimate service needs. b) Alternate site designs could further reduce visual impacts as seen from adjacent properties. Because street design generally follows the existing land contours, changing street direction would require additional grading. c) If an alternate scale of development were proposed relative impacts would change. A reduction in the number of units would decrease density below the General Plan designation, increase purchase price of the units, reduce all secondary impacts such as on traffic and air quality. If the number of units were increased a different product type would be necessary. Duplexes or townhomes could be an option. The result could reduce the cost of units however would increase impacts on generation issues such as traffic and air quality. Clustering the development at the same density would have generally the same secondary impacts howevere could reduce impacts to grading and visual (onsite and offsite). d) The General Plan and Zoning Ordinance designate this parcel as suitable for residential development. Other uses such as Bed and Breakfasts, childcare nurseries and parking lots are permitted with a Conditional Use Petmit. The appropriateness of any of these uses can not be determined at this time because of the lack of information. e) Future development rather than now would not appear to have any significant advantage. Services and facilities are available now. f) Other sites may be available with the same zoning and general plan designations; however, just as with the no project alternative it does not preclude development at some other time of a similar project with similar impacts. -9- -T :. RMINATION (To Be Completed By The Plan&g Department) On the basis of this initial evaluation: - I find the proposed project COULD NOT have a s&Scant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ( I find that although the proposed project could have a significant effect on the environment, there will not be a signScant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A Mitigated Negative Declaration will be proposed. - 1 find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL fMPACT REPORT is required. , w4a Date $138 /w Date AlTACH MmGATION MONITORING PROGRAM (IF APPLICABm -lO- . THIS IS TO CERTXW THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECr. 7~J-/% Date signature CW:h -Il- . - APPENDIX P ENWRONAENTAJ., MmCAnON MONlTORJNG cluXKLIsT Page .“5 u d r ‘i; 1 s ‘S I A ul m MC r1uunc * N Environmental The Fairways Pmject bcatkn and Pm Mitfgation Area and Energy as Depicted on USGS 7.5’ Encinitas and Ranch0 Santa Fe Quadrangles Services Co. I . e IRC 4 a Environmcsrrrrl and bYY Services Co. Offsite Mitigdon Location for the Faimrys . P-G COMMISSION RESOLUTION NO. 3018 A RESOLUTION OF THE PLANNING COMMISSION OF THE 2 CITY OF CARLSBAD, CALIFORNLA, RECOMMENDING 3 APPROVAL OF A 149 LOT SUBDMSION ON PROPERTY GENERALLY LOCATED SOUTH OF CORTE DE LA VISTA AND 4 EAST OF ALICANTE ROAD AND NORTH OF LA COSTA GOLF COURSE. 5 CASE NAME: FAIRWAYS 6 CASE NO.: CT 90-23 7 I/ WHEREAS, a verified application for certain property to wit: I a 9 10 11 12 13 14 15 16 17 WHEREAS, said verified application constitutes a request as provided by Tide 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 19 factors relating to the Tentative Tract Map. 20 . NOW, THEREFORE, BE tT HEREBY RESOLVED by the Planning Commission 18 Parcel 2 of Parcel Map No. 11722, in the City of Carlsbad, County of San Diego, according to map thereof filed in the office of the County Recorder of san Diego County on October 10, 1981 as file no. 81-322184 of official records. t has been filed with the City of Carlsbad and referred to the Planning Commission; and I 21 II as follows: 22 23 24 25 That the above recitations are true and correct. That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of CT 90-23, based on the following findings and subject to the following conditions: 26 . . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I 17 18 19 20 21 22 23 24 25 26 27 28 Findinns: 1. 2. 3. 4. 5. 6. 7. a. 9. 10. The project is consistent with the City’s General Plan since the proposed density of 4.0 du’s/acre is within the density range of 4-8 du’s/acre specified for the site as indicated on the Land Use Element of the General Plan, and is at or below the growth control point of 6. The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed. The Planning Commission has, by inclusion of an appropriate condition to this project, ensured building permits will not be issued for the project unless the City Engineer determines that sewer service is available, and 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. School fees will be paid to ensure the availability of school facilities in the San Marcos School District. Park-in-lieu fees are required as a condition of approval. All necessary p;lblic 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. Th2 proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on the General Ph. Bemuse the project is a Planned Development and is consist- with the open space requirements of the Planned Development Ordinance it contxiites to meeting the open space kility perfoxman ce standard for LPM Zone 6 at buildout and that development as approved will not preclude the provision of performance standard open space at buildout of Zone 6. PC RESO NO. 3018 -2- - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 . 17 18 19 20 21 22 23 24 25 26 27 28 11. 12. 13. 14. This project will not cause any significant environmental impacts and a Mitigated Negative Declaration has been issued by the Planning Director on August 31, 1990 and recommended for approval by the Planning Commission on October 3, IWO. In recommending APPROVAL of this Negative Declaration the Planning Commission has considered the initial study, the staff analysis, all required mitigation measures and any written comments received regarding the significant effects this project could have on the environment. The applicant is by condition, required to pay any increase in public facility fee, or new 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. 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 6. This project was subject to Chapter 21.95 of the Carlsbad Municipal Code (HilIside Ordinance) and meets all the requirements of that Chapter to ensure the sensitive treatment of the City’s hillside resources. Planninn Conditions: 1. 2. 3. l . . . . . Approval is granted for CT 90-23, as shown on Exhibit(s) “A” - “II”, 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 Planning Commission. The tentative map shall reflect the conditions of approval by the City. The map copy shall be sutknitted 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. PC RESO NO. 3018 -3; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 . 17 18 19 20 21 22 23 24 25 26 27 28 4. 5. 6. 7. 8. 9 10. 11. This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the 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 subdivideis agreement to pay the public facilities fee dated July 11, 1990, copies of which are on file with the City Clerk and are incorporated by this reference. If the fees are not paid this application will not be consistent with the General Plan and approval for this project shall be void. The applicant shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. The applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit application. These fees shah be based on the fee schedule in effec*t at the time of building permit application. Water shall be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and the Carlsbad Municipal Water District, dated May 25, 1983. This project shall comply with all conditions and mitigation required by the Zone 6 Local Facilities Management Plan approved by the City Council on September 2, 1987, incorporated herein and on tile in the Planning Department and any future amendments to the Plan made prior to the issuance of building permits. If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof, imposed by this approval or imposed by law on this project are challenged this approval shall be suspended as provided in Government Code Section 65913.5. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. PC RESO NO. 3018 4- 1 2 : 4 F . f : E z 1( 13 12 1: 14 1: u 1: I( 1< 2( 21 2: 21 2c 2! 2t 2’; 2t . ! i c i i 7 3 9 1 t 2 5 k 5 5 7 3 J I 1 L 2 3 L 5 5 7 3 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Approval of CT 90-23 is granted subject to the approval of PUD 90-23 and HDP 90- 29. The applicant shall provide the following note on the Enal map of the subdivision and final mylar of this development submitted to the City: “Chapter 21.90 of the Carlsbad Municipal Code establishes a Growth Management Control Point for each General Plan land use designation. Development cannot exceed the Growth Control Point except as provided by Chapter 21.90. The land use designation for this development is Residential Medium. The Growth Control Point for this designation is 6 dwelling units per nonconstrained acre. AU parcels were used to calculate the intensity of development under the General Plan and Chapter 21.90. Subsequent redevelopment or resubdivision of any one of these parcels must also include all parcels under the General Plan and Chapter 21.90 of the Carlsbad Municipal Code.” The applicant shall establish a homeowneis association and corresponding covenants, conditions and restrictions. Said CC&R’s shall be submitted to and approved by the Planning Director prior to final map approval. The applicant shall submit a street name list consistent with the City’s street name policy subject to the Planning Directois approval prior to final map approval. The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to the issuance of grading or building permits, whichever occurs first. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. The developer shall install street trees at the equivalent of 40-foot intervals along all private and public street frontages in conformance with City of Carlsbad standards. The trees shall be of a variety selected from the approved Street Tree List All landscape plans shall be prepared to conform with the Landscape Guidelines Manual and submitted per the landscape plan check procedures on file in the Planning Department. Landscape plans shall be designed to minimize water use. Lawn and other zone 1 plants (see Landscape Guidelines Manual) shall be limited to areas of special visual PC RESO NO. 3018 -5 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 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. ~~rtance or high use. Mulches shall be used and irrigation equipment and design shall promote water conservation. Prior to final occupancy, a letter from a California licensed landscape architect shall be submitted to the Planning Director certifying that all landscaping has been installed as shown on the approved landscape plans. All herbicides shall be applied by applicators licensed by the State of California. The applicant shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. The first set of landscape and irrigation plans submitted shall include building plans, improvement plans and grading plans. All landscape and irrigation plans shall show existing and proposed contours and shall match the grading plans in texms of scale and location of improvements. Prior to recordation of a ikal map, the applicant shall submit detailed perimeter wall and landscaping plans along A&ante Road for lots 3,4,9 and 10. These plans shall provide for views for the residences across Alicante &ad to the maximum extent possible without compnxnishg the privacy and safety of adjacent residents .&hin the Fairways project. Said plans shall be reviewed and approved by the 4aming Director. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. The developer shall display a current Zoning and Land Use Map in the sales office at all times, or suitable alternative to the satisfaction of the Planning Director. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets. . As part of the plans submitted for building permit plan check, the applicant shall include a reduced version of the approving resolution/resolutions on a 24” x 36” blueline drawing. Said blueline drawing(s) shall also include a copy of any applicable Coastal Development Permit and signed approved site plan. Prior to issuance of a grading or building permit, whichever comes first, a soils report shall be prepared and submitted to the City of Carlsbad. If the soils report indicates the presence of potential fossil bearing material then a standard two phased program, on fle in the Planning Department, shall be undertaken to avoid PC RESO NO. 3018 -6- 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 .17 12 19 20 21 22 23 24 25 26 27 28 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. possible significant impacts on paleontological resources under the direction of the Planning Department. Additional public and/or onsite fire hydrants shall be provided. The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and onsite roads and drives to the Fire Marshal for approval. An ah-weather access road shall be maintained throughout construction. All required fie hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. Proposed security gate systems shall be provided with “Knox” key operated override switch, as specified by the Fire Department. All private driveways shall be kept clear of parked vehicles at all times, and shall have posted “NO Parking/Fire Lane - Tow Away Zone” pursuant to Section 17.04.040, Carlsbad Municipal Code. Fire retardant roofs shall be required on all structures. Brush clearance shall be maintained according to the specifications contained in the City of Carlsbad Landscape Guidelines Manual. All f&-e alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction. The entire potable and non-potable water system/systems for subject project shall be evaluated in detail to ensure that adequate capacity and pressure for domestic, landscaping and fire flow demands are met. The developeis engineer shall schedule a meeting with the Water District Engineer and the City Fire Marshal and review the preliminary water system layout prior to preparation of the water system improvement plans. The developer will be nsponsiile for all fees ami deposits plus the major facility chargewhichwillbecollectedattimeofissuance of building permits. Faktingwaterlinesand easementsattheeasterlyandwestedyendsoftheproject sballberelocatedasnecessary, PC RESO NO. 3018 -7- 1 2 3 4 5 6 7 e 9 1c 11 12 13 14 15 16 . 17 18 19 20 21 22 23 24 25 26 27 28 completed at Amyo Ia Costa the onsite Fairways facility shall be removed and restored to a landscape open space which may include passive recreation. 48. Mgn details not specifically denoted as a part of this application shall be reviewed and approved by the Planning Director prior to the issuance of Building Permits. . nrneerinn Conditions: 49. so. 51. 52. 53. 54. No grading permits shall be issued for this subdivision prior to recordation of the final map. The deveioper shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 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. Upon completion of grading, the developer shall ensure that an “as-graded” geologic plan be submitted to the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. This plan shall be signed by both the soils engineer and the engineering geo!ogist. The plan shall be prepared on a mylar or similar drafting film and shall become a permanent record. No grading shall occur outside the limits of the subdivision unless a grading or slope eakment is obtained from the owners of the affected properties. tf the developer is unable to obtain the grading or slope easement, he must either amend 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 any borrow or disposal site if located within the city limits. Prior to hauling dirt or construction materials to any proposed construction site PC RESO NO. 3018 -8- 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 55. The developer shall exercise special care during the constntction 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. 56. The developer shall place the following notes on the final map: Geotechnicai Caution: A. Slopes steeper than two parts horizontal to one part vertical exist within the boundaries of this subdivision. B. The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. 57. The owner of the subject prop&y shall execute a hold harmless agreement regarding drainage across the adjacent property prior to approval of the find map for this project. 58. 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. 59. The developer shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the tentative map. The offer &ll be tide 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 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 Alicante Road and Corte de la Vista shall be waived on the final map. 60. 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 within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with au conditions and requirements the City Engineer may impose with regards to the hauling operation. PC RESO NO. 3018 -9- 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 61. Improvements listed above shall be constructed within 18 months of final map approval, whichever occurs first. 62. All conditions listed above require a right of way permit, traffic control plan and appropriate securities prior to issuance of any building permit. 63. Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this tentative map. 64. The design of all private streets and drainage systems shall be approved by the City Engineer prior to approval of final map for this project. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City, and the standard improvement plan check and inspection fees shall be paid prior to approval of the fmal map for this project. 65. The developer shall 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. . 66. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. 67. This project is approved specifically as 1 (single) phase. 68. The developer shall provide an acceptable means for maintaining the easements within the subdivision and all the private streets, sidewalks, street lights, storm drain facilities and sewer facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the units within the subdivision. Adequate provision for such maintenance shall be included with the the tentative map and the following improvements: k Allimpro Vement required t0 Saye this SUbdi~O~ as sh0wn 0n the tentative n=P- B. C. RelocatiO~OfseWerandwaterfacilitiesas~by~respective~~. Replacement of half width hntage ixnpmmmts on Alicante Road and Carte De Ia Vi found to be defective dming the design process and/or ConstNction perid A note to this effect shall be placed on an additional map sheet on the final map per the provisions of Sections 66434.2 and 66445 of the Subdivision Map Act. PC PESO NO. 3018 -lO- 1 2 3 4 5 6 7 e 9 1c 11 12 l;! 14 15 16 a7 1g 19 2c 21 22 23 24 25 26 27 28 69. 70. 71. 72. 73. 74. 75. . . . . . . . . . . . . CC&R’s subject to the approval of the City Engineer. The developer shall be responsible for coordination with s.D.G.&E., Pacific Telephone, and Cable TV authorities. 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 shall be provided by the City during the improvement plancheck process. Approval of this tentative tract map shall expire twenty-four (24) months from the date of City Council approval unless a Gnal 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 20.12.11 O(a) (2) Carlsbad Municipal Code. The secondary access mad at the southeast end of the project shall be gated and locked in accordance with the req.&em- of the fire maxshal. The developer shall offer to dedicate right-of-way, slope and drainage easements for the future extension of Corte de la vista and the fhre realignment of the emergency access road. Said offer and design shall be to the approval of the City Engineer. The offer shall be made by certificate on the Enal map for this project. Aulandssoofferedshallbegrantedtothecityfreeandclearofallliensand encumbrances and without cost to the City. Prior to building permit issuance a deed restriction shall be placed on all lots in the project to notify potential ownem that Carte de la Vi may be extended and the emergency access road rea@xd. All concrete terrace drains shall be maintained by the homeowneis association (if on commonly owned property) or the individual property owner (if on an individually owned lot). An appropriately worded statement clearly identifying the responsibility shall be placed in the CC&R%. PC RESO NO. 3018 -11. -, d 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1t , 1: U l! 2( 2: 2: 2: 21 2f 2l 2: 21 I i 5 7 i 3 1 L z 3 1 5 5 7 3 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, McFadden, Marcus and Hall. NOES: None. ABSENT: Commissioner Erwin. ABSTAIN: None. ---. _ CARLSBAD PLANN A-I-I-EST: &#C$IAELh. HOLZMkLER “PLANNING DIRECTOR PC RESO NO. 3018 -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 . l7 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3019 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 149 LOT SUBDMSION ON PROPERTY GENERALLY LOCATED SOUTH OF CORTE DE LA VISTA AND EAST OF ALICANTE ROAD AND NORTH OF LA COSTA GOLF COURSE. CASE NAME: FAIRWAYS CASE NO.: PUD 90-23 WHEREAS, a verif?ed application for certain property to wit: Parcel 2 of Parcel Map No. 11722, in the City of Carlsbad, County of San Diego, according to map thereof filed in the office of the County Recorder of san Diego County on October 10, 1981 as file no. 81-322184 of official records. 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 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 alI factors relating to the Tentative Tract Map and Planned Unit Development. - NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: Al That the above recitations are true and correct. That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of PUD 90-23, based on the following findings and subject to the following conditions: EXIIDBIT C --. 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 FindingS: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. . . . . . . The project is consistent with the City% General Plan since the proposed density of 4.0 du’s/acre is within the density range of 4-8 du’s/acre specified for the site as indicated on the Land Use Element of the General Plan, and is at or below the growth control point of 6. The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed. The project is consistent with all City public facility policies and ordinances since: 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 thar 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. School fees will be paid to ensure the availability of school facilities in the San Marcos School District. Park-in-lieu fees are required as a condition of approval. All necessary public improvements have been provided or will be required as conditions of approval. The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be 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. The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on the General Plan. PC RESO NO. 3019 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 . 17 18 19 20 21 22 23 24 25 26 27 28 11. 12. 13. 14. This project will not cause any significant environmental impacts and a Mitigated Negative Declaration has been issued by the Planning Director on August 31,1990 and Recommended for approval by the Planning Commission on October 3,1990. In recommending approval of this Negative Declaration the Planning Commission has considered the initial study, the staff analysis, all required mitigation measures and any written comments received regarding the signikant 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. 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 6. This project was subject to Chapter 21.95 of the Carisbad Municipal Code (Hillside Ordinance) and meets all the requirements of that Chapter to ensure the sensitive treatment of the City’s hillside resources. Conditions: 1. All conditions of Planning Commission Resolution No. 3018 for CI’ 90-23 are applicable to this approval and incorporated through this reference. . . . . . . . . . . . . . . . . . . PC RESO NO. 3019 ‘- \ . 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 2 Commission of the City of Carlsbad, California, held on the 3rd day of October, 1990, by 3 the following vote, to wit: 4 AYES: Chairperson Schramm, Commissioners: Schlehuber, Holmes, 5 McFadden, Marcus and Hall. 6 NOES: None. 7 ABSENT: Commissioner Erwin. 8 ABSTAIN: None. 9 . 10 11 12 13 14 15 16 . 17 18’ I 19 II 20 21 22 23 24 25 I 26 27 PC RESO NO. 3019 4- 28 - --- &-W SHARON SCHRAMM, Chairperson CARLSBAD PLANNING COMMISSION -., 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 PIANNrNG COMMISSION RESOLUTION NO. 3020 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT ON PROPERTY GENERALLY LOCATED SOUTH OF CORTE DE LA VISTA EAST OF ALKANTE ROAD AND NORTH OF LA COSTA GOLF COURSE. CASE NAME: FAIRWAYS CASE NO.: HDP 90-29 WHEREAS, a verified application for certain property to wit: Parcel 2 of Parcel Map No. 11722, in the City of Carlsbad, County of San Diego, according to map thereof fled in the office of the County Recorder of San Diego County on October 10, 1981 as file no. 81-322184 of official records, 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, consider said request; and WHEREAS, at said hearing, upon hearing and considering all testimony and arguments, if any, of ail persons desiring to be heard, said Commission considered aB factors relating to the Planning Commission Determination; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pknning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends m of HDP 90-29, based on the following findings and subject to the following conditions: -. -. 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 Findinns: 1. That those areas of 40% slope! have been identiikd and new slopes onsite will be designated as open space. 2. That the proposed project is consistent with the purpose, inrent and requirements of the Hillside ordinance. 3. That the developmen is consistent with the provisions of Section 21.53230 and 2410 of the Carl&ad Municipal Code. 4. Thatthesitehasbeendishhedbypreviouslyapprovedgrading. 5. That remdial grading which is exempted fkom the provisions of the Hillside Ordinance is necessary to stabilk the exist@ conditions for residential development. 6. That the site is impacted by unusual geotechnical and soils conditions that necessitate corrective work which results in slopes greater than 30 feet. Conditions: 1. 2. 3. . . . . . . . . . . . . Approval is granted for HDP 90-29, as shown on Exhibits “A” - “H”, dated October 3, 1990, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown on the approved exhibits. Any proposed grading and/or development substantially different from this approval as determined by the Planning Director, shall require an amendment to this Hillside Development Permit. All conditions of Plaxming Commksim Rewlution No. 3018 for CI’ 90-23 are applicable to this approval and incorporated through this reference. ~gradingasproposed,shallomtrsubstantiallyasshownonExhibits”C,D,E” dated October 3,199O. PC RESO NO. 3020 -2- 1 2 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 3 Commission of the City of Carlsbad, California, held on the 3rd day of October, 1989, by 4 /I the following vote, to wit: AYES: NOES: Chairperson Schramm, Commissioners: Schlehuber, Holmes, McFadden, Marcus and Hall. None. 8 ABSENT: Commissioner Erwin. 9 ABSTAIN: None. 10 11 12 13 SHARON SCHRAMM, Chairperson CARLSBAD PLANNING COMMISSION 14 15 16 17 s ATTEST: n PUNNINd DIRECTOR 18 19 20 21 22 23 24 25 26 27 PC RESO NO. 3020 28 -3- - --. APPLI. -l-ION COMPLETE DATE: JULY 27. 1989 , SI’AFFREPORT DATE: CKXOBER 3,199O 0 1 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: CX 9&23/PUD 9023/HDP 90-29 - FAIRWAYS - A request for approval of a 149 lot Tentative Tract Map, Planned Unit Development and Hillside Development Permit for 132 single family detached homes on 41.09 acres of land in the RDM Zone and Local Facilities Management Zone 6 located south of Corte de la Vista, east of Alicante Road and north of the La Costa Golf Course. RECOMMENDATlON That the Planning Commission ADOpT Planning Comn@ion Resolution No. 3017 recommending APPROVAL of the Negative Declaration issued by f3e Planning Director, and ADOPT Platig Commission Resolution Nos. 3018, 3019 and 3020 $commending APPROVAL of CT 90-23, PUD 90-23 and HDP 90-29, based on the findings and subject to the conditions contained therein. II. PROJECT’ DESCRlPn ON AND B&&GROUND The project site is vacant and has been previo&ly graded into large pads that step down from Cone de la Vista toward the La Costa Golf Cou# to the south. 8.15 acres of land have been deducted from the gross acreage for density calcul#ions. There are sewer and water easements which run from north to south in the central porti* and the westerly end of the site. Single family homes (Alicante Hills) exist to the north andiondominiums (the Jockey Club and Spyglass Point) exist to the west and northwest. / . The project is 149 lots with 132 single family detached homes. Proposed homes range in size from 1,900 to 2,900 square feet. There are four floorplans, three of which are two story models. The two story models have three car garages and the single story model has a two car garage. The Monterey, Mediteranian and Ranch architectural styles are typical for southern California. Materials include stucco, wood trim, concrete tile roofs, and stone veneer. The project is pro& as a gated neighborhood. There is one main entrance/exit located off of Corte de la Vista. A second entrance which is for emergency access only.is located at the easterly end of the site and connects to the terminus of Corte de la Vista. That access will be gated at the Carte de la Vista xight-of-way and at the beginning of the access road onsite. The property is zoned as residential density-multiple and density is proposed at 4.0 units per acre. The growth control point is 6 DU’s and the General Plan range is 4-8 dwelling units per acre. This project is subject to the following: 1. The Planned Development Ordinance. 2. Local Facilities Management Plan Zone 6. 3. Hillside Development Ordinance. JANUARY 16, 1991 FAIRWAYS FIELDSTONE COMPANY 5465 MOREHOUSE DRIVE SUITE 250 SAN DIEGO CA 92121 Enclosed for your records, please find a copy of the following RESOLUTION 91-7 , adopted by the Carlsbad City Council on JANUARY 8, 1991 . %li%diim City Clerk LR:lw Enclosure (1) 1200 Carlsbad Village Drive - Carlsbad, California 92008 - (619) 434-2808