HomeMy WebLinkAbout1991-03-19; City Council; 11066; Aviara Planning Area 7CIP-‘ OF CARLSBAD - AGEND- BILL ,fi& i (3 I%
AB# ,/;d&& TITLE: APPROVING MITIGATED NEGATIVE DEPT. HD.
MT& 3/19/91 DECLARATION, TENTATIVE SUBDIVISION MAP AND ;;;;;;$NIUM PERMIT FOR A 145 LOT iii25 CONDOMINIUMClTYA~Y
DEPT. CA APPLICANT: AVIARA PLANNING AREA 7 E; ;;I;/ CITY MGR..+L
RECOMMENDED ACTION:
If Council concurs your action is adopt Resolution No. w- 83
approving the Mitigated Negative Declaration, Tentative Map (CT 90-
5) I and Condominium Permit (CP 90-2)
ITEM EXPLANATION
The City Council at your meeting of March 5, 1991 directed our office to prepare a resolution approving the Mitigated Negative Declaration, Tentative Map (CT 90-5), and Condominium Permit (CP
90-2). That document is attached. The Council should satisfy itself that the findings and conditions accurately reflect your intentions in the matter, particularly the additions to Condition No. 19 regarding water.
EXHIBITS
Resolution No. q/+3
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RESOLUTION NO. 91-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A MITIGATED NEGATIVE DECLARATION, TENTATIVE SUBDIVISION MAP (CT 90-5), AND CONDOMINIUM PERMIT (CP 90- 2) FOR A 145 LOT CONDOMINIUM PROJECT ON 27.2 ACRES OF LAND GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF ALGA ROAD AND AMBROSIA LANE. APPLICANT: AVIARA PLANING AREA 7 CASE NO: CT 90-5/CP 90-2
WHEREAS, on January 16, 1991 the Carlsbad Planning
Commission held a duly noticed public hearing to consider a
proposed Mitigated Negative Declaration, Tentative Subdivision Map
CT 90-5, Condominium Permit CP 90-2 for a 145 lot condominium
project and adopted Resolutions Nos. 3139, 3140 and 3141
respectively, recommending to the City Council that the Mitigated
Negative Declaration, Tentative Subdivision Map CT 90-5, and
Condominium Permit CP 90-2 be approved: and
WHEREAS, the City Council of the City of Carlsbad, on
March 5, 1991 held a public hearing to consider the recommendations
and heard all persons interested in or opposed to CT 90-5/CP 90-2;
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 and other project approvals. 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
i of Carlsbad, California, as follows:
I 1. That the above recitations are true and correct.
2. That the mitigated negative declaration on the above
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referenced project is approved and that the findings and conditions
of the Planning Commission contained in Resolution No. 3139 marked
1 Exhibit A attached hereto are the findings and conditions of the
1 City Council.
3. That the tentative subdivision map of this project
(CT 90-5) is approved and that the findings and conditions of the
1 Planning Commission contained in Resolution No. 3140 marked Exhibit
1 B and attached hereto are the findings and conditions of the City
Council with the exception of condition number 19 which is amended
by the addition of:
"The City Council may approve an alternative landscape plan with the final map when the water regulations applicable at that time prevent implementation of the approved plans. The applicant shall provide a secured agreement with the alternate plan to install the landscaping required by the approved plan when the City Council determines water is available."
4. That the condominium permit CT 90-2 is approved and
that the findings and conditions of the Planning Commission
contained in Resolution No. 3141 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 19th day of March
1991, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Nygaard and Stanton
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUTENKRANZ, CityFlerk
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PLANNING COMMISSION RESOLUTtON NO. 3139
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING
APPROVAL OF A MITIGATED NEGATIVE DECLARATION FOR A TENTATIVE TRACT MAP/CONDOMINIUM PERMIT
TO DEVELOP A 145 DWELLING UNIT CONDOMINIUM
PROJECT.
APPLICANT: AVLARA - PLANNING AREA 7 CASE NO.: CT 90-S/CP 90-2
WHEREAS, the Planning Commission did on the 7th day of November,
1990, and the 16th day of January, 1991, 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, examinin g 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:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Planning
Commission hereby recommends APPROVAL of the Mitigated Negative Declaration
according to Exhibit “ND”, dated August 30, 1990, and “PII”, dated August 17,
1990, attached hereto and made a part hereof, based on the following findings and
subject to the following condition:
Fin-:
1.
2.
3.
The initial study shows that there is no substantial evidence that the project may
have a significant impact on the environment.
The site has been previously graded pursuant to an earlier environmental analysis.
The streets are adequate in size to handle traffic generated by the proposed
project.
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. 4. There are no sensitive resources located onsite or located so as to be significantly
impacted by this project.
Conditions:
1. Prior to the occupancy of any of the d%w%ng units, the project applicant shall construct a 5.5 to 8.5 foot tall noise barrier (combination wall and berm) between
buildings 11, 12, 21, 22, 42 and 43 and Alga Road, consistent with the recommendations of the Acoustical Study for Planning Area 7 (Mestre Greve, 1990). The wall portion of this barrier shall not be pexmitted to exceed six feet
in height. Prior to the occupancy of all units in buildings l&12,21,22,42 and 43, the project applicant shall incorporate all required traffic noise mitigation measures (i.e. mechanical venthtion) into these units as described in the Acoustical Analysis for Planning Area 7.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 16th day of January, 1991,
by the following vote, to wit:
AYES: Chairperson Holmes, Commissioners: Schlehuber, Schramm,
McFadden and Hall.
NOES: Commissioner Erwin.
ABSENT: Commissioner Marcus.
-.. ABSTAIN: None.
ATTEST:
PLANNING DIRECTOR
PC RESO NO. 3139 -2-
PROJECT ADDRESS/LOCATION: The 27.2 acre site is located at the northwest corner of
the intersection of Alga Road and Ambrosia Lane.
PROJECT DESCRIPTION: Tentative Tract Map and Condominium Permit to develop 150
condominium units over a 27.2 acre site.
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 Carl&ad. 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 Depanment.
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 SO days of date of issuance.
DATED: AUGUST 22, 1990
CASE NO: CT 90-S/CP 90-2 Planning Director
APPLICANT: AWARA PLANNING AREA 7
PUBLISH DATE: AUGUST 30,199O
CD:km
2075 Las Palmas Drive - Carlsbad. California 92009-4659 0 (619) 436-l 161
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ENWRONMEN-IIL IMPAcr ASSESSMENT FORM - PART II
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO. Cl- 9OWCP 90-2
DATE: ;
XKGROUND
1. - CASE NAME: AVIARA - PLANNING AREA 7
2. APPLICANT: Lvon Communities
3. ADDRESS AND PHONE NUMBER OF APPLICANT: 4330 La Jolla Villasx Drive. Suite 130
(619)546-1200
4. DATE EIA FORM PART I SUBMI’ITED: Februarv 20.1990
5. PROJECT DESCRIPTION: Tentative Tract MaD and Condominium Permit to develop 150
condominium units at the northwest comer of the intersection of Alna Road and Ambrosia Lane.
WRONMENTAL IMPACTS
rATE CEQA GUIDELINES, Chapter 3, kticle 5, section 15063 requires that the City conduct an
svironmental Impact Assessment to determine if a project may have a significant effect on the environment.
ne Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist
entifies any physical, biological and human factors that might be impacted by the proposed project and
:ovides the City with information to use as the basis for deciding whether to prepare an Environmental
npact Report or Negative Declaration.
A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or
any of its aspects may cause a significant effect on the environment. On the checklist, “NO” will be checked
to indicate this determination.
An EIR must be prepared if the City determines that there is substantial evidence that any aspect of the
project may cause a $zn.ifican~ effect on the environment. The project may qualify for a Negative
Declaration however, if adverse impacts are mitigated so that environmental effects can be deemed
insinnificant. These findings are shoti in the checklist under the headings ‘YES-sig” and “YES-insig”
respectively.
discussion of potential impacts and the proposed mitigation measures appears at the end of the form under ISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing
Jtigation for impacts which would otherwise be determined sigi$fkant.
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PHYSICAL EZNWRONMEXT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY:
1.
2.
3.
4.
5.
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 archeological,
paleontological or historical site,
structure or object?
NO
x
x
x
x
x -
x
x
x
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-ILL
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3.
1.
3.
6.
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. B[~LOGICALENWRONMENT
THE PROPOSAL DIRECTLY OR INDIRECTLY:
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?
HUMAN ENVIRONMENT
JILL THE PROPOSAL DIRECTLY OR INDIRECTLY:
7.
8.
9.
0.
1.
Alter the present or planned land use
of an area?
Substantially affect public utilities,
schools, police, fie, emergency or other
public services?
Result in the need for new or modified sewer systems, solid waste or hazardous waste
control systems?
Increase existing noise levels?
Produce new light or glare?
NO
L
x
L
x
x
E2 NO
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HUMAN EZMRONMENT .
WILL THE PROPOSAL DIRECTLY OR INDtRECTLY:
22.
23.
24.
2s.
26.
27.
28.
29.
30.
31.
32.
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 emergency response plans or
emergency evacuation plans?
Obstruct any scenic vista or create an
aesthetically offensive public view?
Affect the quality or quantity of
existing recreational opportunities?
YES YES NO (sig) bnstg)
x
x
x
x
x
x
x
x
x
x
x
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. MANDATORY FINDINGS OF SIGNIFICANCE
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3. 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.
4. 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.)
5. Does the project have the possible environmental effects which are in-
dividually limited but cumulatively
considerable? (“Cumulatively con-
siderable” means that the incremental
effects of an individual project are
considerable when viewed in connection
with the effects of past projects, the
effects of other cUrrent projects, and
the effects of probable future projects.)
6. Does the project have environmental
effects which will cause substantial adverse effects on human beings,
either directly or indirectly?
w NO
x
x
DIkUSSION OF ENVIRONMENTAL EVALUATION
This project is a 150 unit (multi-family) condominium project located at the northwest corner of the
intersection of Alga Road and Ambrosia Lane. The project site is 27.2 acres in size and has been previously rough graded consistent with approved grading plans for CT 85-35. For this environmental analysis, staff
conducted two field trips to the subject properzy and reviewed the Pacific Rim Country Club and Resort Master
Plan, EIR 83-2(A), which already covered this property. Portions of an open space corridor, running north
to south along the western side of the project site are vegetated with Coastal Sage Scrub and are under deed
restriction to the California Coastal Commission, Aside from this open space corridor and a grove of Oak
trees, also under a Coastal Deed Restriction and which are located within the center of the site, the remainder of rhe property has been rough 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; future multi-family PA-17 to the north, approved yet unconstructed single family residential development (PA-8) to the south, a new Carlsbad
Elementary School to the east and the Aviara Golf Course to the west, (3) the site has been previously rough
graded and, (4) the project will not encroach into the Coastal Deed Restricted Coastal Sage Habitat and Oak
groves located on site, no environmental impacts are anticipated. There were no public comments received
in response to the Notice for a Mitigated Negative Declaration.
PHYSICAL ENVIRONMENT
1.
2.
3.
4.
5.
6.
The project requires balanced grading totaling 33,000 cubic yards. The site has been previously
rough graded consistent with approved grading plans for CT 85-35. No unstable earth conditions
will be created as the grading plan is required to meet City Engineering Standards.
The topography of the previously graded site will not be significantly changed Ikom its present
graded state.
Excluding the property to the east which is being developed with a Elementary School and the
property to the north which is ungraded, other 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 #3 above.
The project will have an incremental impact on air quality (as discussed in EIR 83-2(A)), in that it will generate 1,200 tips/day. However, this impact is not considered significant in itself.
Long term mitigation of region wide 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 stmctures. This design will provide
for adequate air movement.
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.:SCUSSION OF ENVIRONMENTAL EVALUATION (CONTINUED)
The project will not change the course or flow of water as no streams are located in the
immediate area and drainage wafers will be handled by existing and/or proposed
facilities.
Development of 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 a master storm drain, thereby mitigating this
concern.
Aside from the Coastal Sage Scrub habitat located along the western portion of the
property and an Oak grove located in the center of the site (which will be maintained
in Open Space), no natural resources exist on this previously graded site.
3. [mplementation 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.
1. The site is currently disturbed and all identified archaeological, paleontological or
historical sites have been previously mitigated.
[OLOGICAL ENVIRONMENT
2. Excluding the Coastal Sage Scrub habitat located with ziIong the western portion of the site and an Oak grove located in the center of the property which will be maintained in
open space) the balance of the site has been disturbed through grading activities. In
accordance, no significant biological resources will be impacted through project
development.
3.
4.
5.
6.
No significant impacts to the Coastal Sage Scrub habitat located along the western
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 farmland of State or local importance.
Project fencing located between development areas and the deed restricted open space to the west will mitigate impacts of domestic pets upon the wildlife in this open space
area.
in that the on site protected habitat area is linked to other undeveloped open space areas
within the Master Plan and because project fencing will help to deter domestic pet
intrusion into the protected habitat area, no impacts or barriers to the movement of wildlife is anticipated to occur.
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DISCUSStON OF ENVIRdNMENTAL 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 Meilo I LCP. The proposed multi-family produt 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 southern property boundary will create noise levels in excess of 60 dBA
CNEL. However, this noise impact is proposed to be mitigated ttiough 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. 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 density of 5.5 du/acre is well below the density permitted upon the
site (7.9 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 1,200 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 and adequate guest parking will be provided throughout the project.
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-6CUSSION OF ENVIRONMENTAL EVALUATION (CONTINUED)
-7.
8.
9.
0.
1.
The project will add 640 ADT and 560 ADT to Alga Road and Ambrosia Lane respectively. Other
surrounding streets will also carry portions of this project. This minor increase in traffic UpOn
all surrounding streets is not considered significant.
The project site is outside of the Airpon Influence Area for Palomar Airport.
Two vehicular access points are proposed for the project and are not located to cause conflicts
with intersections with Alga Road and Ambrosia Lane.
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 Ambrosia Lane through the use of structural setbacks, structural relief and
rich landscaping.
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ANALYSTS OF VIABLE ALTERNATIVES TO THE PROPOSED PROJECT SUCH AS:
. a) Phased development of the project, b) alternate site designs,
c) alternate scale of development, d) alternate uses for the site,
e) development at some future time rather than now, f) alter-
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b)
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g)
. nate sites for the proposed, and g) no project alternative.
The 150 dwelling units proposed with this project will be completed in several phases.
Phasing however will not likely 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 (150 dwelling units) is a potentially superior improvement
over the maximum of 241 dwelling units permitted per MP - 177.
Any change of Iand use (except higher density residential permitted per MP-177)
upon the subject property would necessitate a General Plan Amendment and Master
Plan Amendment.
Since the site is already rough graded and, all public facilities and services will be
available to support this proposed project, development at some future time would
not be regarded as an environmentally preferable alternative.
There are alternative sites for the project; however, they have no environmental
advantages, and this proposal is consistent with the existing land use plans.
The “no project” alternative is not in conformance with the General Plan/Master Plan
designation for the property. Since the site is already graded, this alternative is not
environmentally superior.
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ZTERMINATION (To Be. Completed By The Planning Department)
On the basis of this initial evaluation: .
_ I find the proposed project COULD NOT have a signiticant effect on
the environment, and a NEGATIVE DECLARATION will be prepared.
,
L I tind that although the proposed project could have a significant
effect on the environment, there will nor be a significant effect in
this case because the mitigation measures described on an attached
sheet have been added to the project. A Conditional Negative
Declaration will be proposed.
_ I find the proposed project MAY have a significant effect on the
environment, and an ENVIRONMENTAL IMPACT REPORT is required.
.I I.’ A- ; _‘ ? / . ‘1. I, / . __e_ ..-
Date SignaGe
E 2ehc
Date I Planning .Di.rector
IST MITIGATING MEASURES (IF APPLICABLE)
1. Prior to the occupancy of any of the dwelling units, the project applicant shall construct
a maximum 8.5 foot high sound attenuation wall/km, as described in the Acousticd
Analysis for PA-7, along Alga Road. The wall portion of the mitigation shall not be
permitted to exceed 6.0 feet maximum. Prior to the occupancy of units 3340,71-78 and 124-130 the project applicant shall incorporate all required tr&c noise mitigation
measures as described in the Acoustical Analysis for PA-7, (i.e. mechanical ventilation)
into these units.
km
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AbPLICANT CONCUWNCE WITH MITIGATING MEASURES
. THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES
AND CONCUR WITH THE ADDITION OF THESE MEASURJZS TO THE PROJECT.
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DateSignature
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PLANNING COMMISSION RESOLUTION NO. 3140
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF ATENTATIVE
TRACT MAP TO DEVELOP A 145 DWELLING UNIT CONDOMINIUM
PROJECT ON PROPERTY GENERALLY LOCATED AT THE NORTHWEST
CORNER OF THE INTERSECTION OF ALGA ROAD AND AMBROSIA LANE.
CASE NAME: AVIARA - PLANNING AREA 7
CASE NO.: CT 90-5
6’
7
WHEREAS, a verified application for certain property to wit:
Lots 92 and 93 of the City of Carlsbad Tract 85-35, Aviara Phase I, Unit C,
81 I g / has been filed with the City of Carlsbad and referred to the Planning Commission; and
10 ‘I WHEREAS, said verified application constitutes a request as provided by Title 21
11 of the Carlsbad Municipal Code; and
12 WHEREAS, the Planning Commission did, on the 7th day of November, 1990, and
l3 /I the 16th day of January, 1991, hold a duly noticed public hearing as prescribed by law
14 ii
(I
to consider said request; and
15 i
16 1’ WHEREAS, at said public hearing, upon hearing and considering all testimony and
I.7 arguments, if any, of all persons desiring to be heard, said Commission considered all
1 l8 I factors relating to the Tentative Tract Map.
19 ,/
il NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as
2o II follows: ‘i 21 A) That the above recitations are true and correct.
22
Bl 23 That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL of CT 90-5, based on the following findings and subject
24 to the following conditions:
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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
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F&gggg:
1.
2.
3.
4.
5.
6.
7.
8.
9.
The project is consistent with Master Plan 177 since the proposed net density of
5.3 du/acre is within the permitted density of 7.9 du/aa-e as specified within
Master Plan 177.
The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the
density proposed.
The Planning Commission has, by inclusion of an appropriate condition to this
project, ensured that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the Planning
Commission has added a condition that a note shall be placed on the final map
that building permits may not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the
project unless sewer service remains available, and the Planning Commission is
satisfied that the requirements of the Public Facilities Element of the General Plan
have been met insofar as they apply to sewer service for this project.
The dedication of the 12.4 acre school site at the intersection of Alga Road and
Ambrosia Lane is acceptable as mitigation of the impact to &sting Carlsbad
Unifkd School District school facilities.
The dedication of a 24.25 acre park site at the northern terminus of Ambrosia
Lane satisfies park fee requirements.
All necessary public improvements have been provided or will be required as
conditions of approval.
The applicant has agreed and is required by the inclusion of an appropriate
condition to pay a public facilities fee. Performance of that contract and payment
of the fee will enable this body to Iind that public facilities will be available
concurrent with need as required by the General Plan.
Assurances have been given that adequate sewer for the project will be provided
by the City of Carlsbad.
As discussed in the staff report, the project is: (1) consistent with the
development standah of the Aviam Master Plan 177 and the Planned
Development Ordinance; (2) in cotiormance with the Design Criteria of Master
Plan 177; (3) in compliance with the city’s Noise Policy No. 17 as conditioned;
and(4)isinconformancewiththeMelloI~coastalprogram.
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10. The proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for Residential Development (RM/RLM/OS)
on the General Plan.
11. This project will not cause any significant environmental impacts and a Mitigated
Negative Declaration has been issued by the Planning Director on August 30,
1990, and Recommended for Approval by the Planning Commission on January 16,
1991. tn recommending approval of this Mitigated Negative Declaration the
Planning Commission has considered the initial study, the staff analysis, all
required mitigation measures and any written comments received regarding the
significant effects of this project could have on the environment.
12. The applicant is by condition, required to pay any increase in public facility fee,
or new construction tax, or development fees, and has agreed to abide by any
additional requirements established by a Local Facilities Management Plan
prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will
ensure continued availability of public facilities and will mitigate any cumulative
impacts created by the project.
13. This project is consistent with the City’s Growth Management Ordinance as it has
been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 19.
Conditions:
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Approval is granted for CT 90-5, as shown on Exhibit “A” - “U”, dated December
4, 1990, incorporated by reference and on file in the Planning Department.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
The developer shall provide the City with a reproducible 24” x 36”, mylar copy of the Tentative Map as approved by the Planning Commission. The Tentative Map
shall reflect the conditions of approval by the City. The Map copy shall be
submitted to the City Engineer prior to building, grading or improvement plan
submittal, whichever occurs first.
A 500’ scale map of the subdivision shall be submitted to the Planning Director
prior to the recordation of the final map. Said map shall show all lots and streets
within and adjacent to the project.
This project is approved upon the express condition that the final map shalI not be approved unless the City Council fmds as of the time of such approval that
sewer service is available to sense the subdivision.
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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. T&s note
shall be placed on the Enal map.
This project is also approved under the express condition that the applicant pay
the public facilities fee adopted by the City Council on July 28, 1987 and as
amended from time to time, and any development fees established by the City
Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or facilities and
improvement plan and to fulfiil the subdivideis agreement to pay the public
facilities fee dated November 2, 1989, and the agreement to pay the Growth Management Fee dated December 4, 1987, copies of which are on file with the
City Clerk and are incorporated by this reference. If the fees are not paid this
application will not be consistent with the General Plan and approval for this
project shall be void.
Water shall be provided to this project pursuant to the Water Service agreement
between the City of Carlsbad and the Carlsbad Municipal Water District, dated May
25, 1983.
This project shall comply with all conditions and mitigation required by the Zone
19 Local Facilities Management Plan approved by the City Council on December
22, 1987, incorporated herein and on file in the Planning Department and any
future amendments to the Plan made prior to the issuance of building permits.
If any condition for construction of any public improvements or facilities, or the
payment of any fees in lieu thereof, imposed by this approval or imposed by law
on this project are challenged this approval 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 all requirements of law.
Approval of this request shall not excuse compliance with all sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of
building permit issuance.
The applicant shah establish a homeowner% association and corresponding
covenants, conditions and restrictions. Said CC&R’s shall be submitted to and
approved by the Planning Director prior to final map approval. The CC&R’s for Planning Area 7 shall include a provision which prohiits parking vehicles in any
private driveway which meawres less than 20 feet from garage door to hack of
sidewalk or edge of curb face, whichever is closest to the structun.
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The applicant shall submit a street name list consistent with the City’s street name
policy subject to the Planning Director% 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 public street frontages in conformance with City of Carlsbad standards. The
trees shall be of a variety selected from the approved Street Tree List.
Preliminary landscape plans shall be submitted.
All landscape plans shah 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) shah be limited to areas of special visual importance or high use. Mulches shall be used and irrigation equipment and
design shall promote water conservation.
Prior to final occupancy, a letter from a California licensed landscape architect
shall be submitted to the Planning Director certifying that all landscaping has been
installed as shown on the approved landscape plans.
AU herbicides shall be applied by applicators licensed by the State of California.
The applicant shall pay a landscape plan check and inspection fee as required by
Section 20.08.050 of the Carl&ad Municipal Code.
The first set of landscape and irrigation plans submitted shah include building
footprints and elevations, improvement plans and grading plans.
All landscape and ligation 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.
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The minimum shrub size shall be 5 gallons or otherwise 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 City’s Sign Ordinance and shall require review and approval
of the Planning Director prior to installation of such signs.
Building identification and/or addresses shall be placed on all new and existing
buildings so as to be plainly visible from the street or access road; color of
identification and/or addresses shall contrast to their background color.
The developer shall display a current Zoning and Land Use Map in the sales office
at all times, or suitable alternative to the satisfaction of the Planning Director,
All sales maps that are distributed or made available to the public shall include but
not be limited to trails, future and existing schools, parks, and streets.
As part of the plans submitted for building permit plan check, the applic&t shall
include a reduced version of the approving resolution/resolutions on a 24” x 36” blueline drawing. Said blueline drawing(s) shall also include a copy of any
applicable Coastal Development Permit and signed approved site plan.
Prior to the occupancy of any residential unit within this project, the Master Plans recreational vehicle storage area (within Planning Ar&23) with all weather access
road to it shall be available for use.
prior to the occupancy of any of the dwelling units, the project applicant shall
construct a 5.5 to 8.5 foot high noise barrier (combination wall and berm)
between Alga bad and buildings 11,12,21,22,42 and 43. The noise barrier
shall be constructed consistent with the recommmdations of the Acoustical Study
for Planning Area 7 (Ibkstre Greve, 1990). The wall portion of this barrier shall
not be pexmitted to exceed 6 feet in height. Prior to the occupancy of all units
within buildings 11,12,21,22,42 and 43, the pject applicant shall incorporate allrquiredtlafficnoisemitigation~ (ie. mechanical ventilation) into these
units, as desaibed in the AcousticaI ha&is for PA-7.
Priortothe- ofagradingpexmitortherecordationofthehalmap,the
project applicant shaU receive a Coastal Development .P&t that approves
development that is in substantial co~ormance with this City approval. The
coastal Permit shall be required to be submitted to the city Planning Departmmt
for n&w prior to the issuance of a grading permit.
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Prior to the issuance of a grading permit, all Coastal Deed Restricted areas
(portions of Lots 38,44,45 and 50 as shown on Exhibit “s”) shall be staked and flagged to prohibit encroachment by construction equipment.
All units which are setback a minimum of 5 feet from a private driveway shall be equipped with an automatic garage door opener.
All perimeter fence%valls shall be required to be designed consistent with the materials and style of other Master Plan approved fences/walls.
This project is approved subject to the condition that residential water
conservation measures including water efkient plumbing fixtures in conformance
with State and Local Laws and Policies, be incorporated into the projects design,
Prior to the recordation of the first final tract map or the issuance of residential
building permits, whichever is first, the owner of record of the property within the
boundaries of this tentative tract map shall prepare and record a notice that this
property is subject to overflight, sight, and sound of aircraft operating from
Palomar Airport in a manner meeting the approval of the Planning Director and
the City Attorney. The applicant shall post aircraft noise notification signs in all
sales and/or rental offices associated with the new development. The number and
locations of said signs shall be approved by the Planning Director.
Prior to final map approval, the project applicant &all be required to record a deed
restriction over that open space area located between Goldhch Court and Wigeon
Place, which prohibits the connection of these two streets.
Enzineerinn Conditions:
41. This approval is subject to all conditions of approval of Master Plan 177, Carlsbad
Tract 85-35 and Zone 19 Local Facility Management Plan, and any amendments
thereto.
42. ThisprojectislocatedwithintheMeUoILocalCoastalPhn. Alldevelopment
design shall comply with the erosion control, grading and drainage requirements
of that plan.
43. The developer shall comply with all the rules, regulations and design requirements
of the respective sewer and water agencies regarding services to the project.
44. The developer shall be responsible for coordination with S.D.G.&E., Pacific
Telephone, and Cable TV authorities.
. . . .
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The developer shall provide an acceptable means for maintaining al,l the private
streets, sidewalks, street lights, open space, storm drain facilities and sewer fkilities located within the subdivision and to distribute the costs of such
maintenance in an equitable manner among the owners of the units within the
subdivision. Adequate provision for such maintenance shall be included with the
CC&R’s subject to the approval of. the City Engineer. Au of the above
improvements are considered private unless otherwise labeled on the tentative
WP-
Approval of this tentative tract map shall expire twenty-four (24) months from the
date of City Council approval unless a iinal map is recorded. An extension may
be requested by the applicant. Said extension shall be approved or denied at the
discretion of the City Council. In approving an extension, the City Council may
impose new conditions and may revise existing conditions pursuant to Section
20.12.110(a)(2) Carlsbad Municipal Code.
Prior to approval of the final map the developer shall enter into an agreement with
the City to pay any drainage area fees established as a result of the Master
Drainage Plan Update.
The owner of the subject property shall execute a hold harmless agreement
regarding drainage across the adjacent property prior to approval of the 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.
No grading permits shall be issued for this subdivision prior to recordation of the
final map except as approved for model homes.
Based upon a review of the proposed grading and the grading quantities shown on
the tentative map, a grading permit for this project is required. Prior to issuance of a building permit for the project, the applicant must submit and receive
approval for grading plans in accordance with City codes and standards, be issued
a grading permit and complete the grading work in substantial conformance with
the approved grading plans.
The developer shall obtain a grading permit prior to the commencement of any
clearing or grading of the site.
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NO grading shall occur outside the limits of the subdivision umess a grading or
slope easement is obtained from the owners of the affected properties. If the
developer is unable to obtain the grading or slope easement, he must either amend
the tentative map or change the slope so grading will not occur outside the project site in a manner which substantially conforms to the approved tentative map as
determined by the City Engineer and Planning Director.
A separate grading plan shall be submitted and approved and a separate grading
permit issued for the borrow or disposal site if located within the city limits.
Prior to hauling dirt or construction materials to any proposed construction site
within this project the developer shall submit to and receive approval from the City
Engineer for’ the proposed haul route. The developer shall comply with all
conditions and requirements the City Engineer may impose with regards to the
hauling operation.
The developer shall exercise special care during the construction phase of this
project to prevent offsite siltation. Planting and erosion control shall be provided
in accordance with the Carlsbad Municipal Code and the City Engineer. Reference
Chap 11.06.
The developer shall construct temporary desiltation basins onsite of a type and size
and at locations as approved by the City Engineer. The developer shall enter into
a desiltation basin maintenance agreement and submit a maintenance bond satisfactory to the City Engineer prior to the approval of grading, building permit
or final map which ever occurs first for this project. Each desiltation basin shall
be serviced by an all-weather access/maintenance road. The provisions of this
agreement shall apply to any offsite borrow sites which may be utilized in the
construction of this project as required by the City Engineer.
Rain gutters must be provided where necessary to convey roof drainage to an
approved drainage device as required by the City Engines.
Additional drainage easements and drainage structures shall be provided or
installed prior to the issuance of grading or building permit as may be required by
the City Engineer.
The developer shah make an offer of dedication to the City for all public streets
and easements required by these conditions or shown on the Tentative Map. The
offer shall be made by a certificate on the final map for this project. All land so
offered 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.
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Direct access rights for all lots abutting Alga Road shall be waived on the final map except for the point of connection with Bac&,ris Lane.
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.
Runoff from this project is conveyed to environmentally sensitive areas. The
subdivider shall provide adequate means of eliminating urban pollutants from
drainage prior to discharge. Plans for such improvements shall be approved by the
City Engineer prior to issuance of grading or building permit.
Some improvements shown on the tentative map and/or required by these
conditions are located offsite on property which neither the City nor the subdivider
has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The Developer shall conform to Section 20.16.095
of the Carlsbad Municipal Code.
Plans, specifications, and supporting documents for all improvements shall be
prepared to the satisfaction of the City Engineer. Prior to approval of the final
map in accordance, with City Standards the Developer shall install, or agree to
install and secure with appropriate security as provided by law, improvements
shown on the tentative map and the following improvements:
A. Irrigation systems to accommodate future reclaimed water shall be designed
and installed consistent with Title 17 of the California Administrative Code,
and to the satisfaction of the City Engineer and the Water District.
B. Alga Road to major arterial standards or better from Mimosa Street to El
Camino Real to the satisfaction of the City Engineer. This obligation may be
shared with other projects having a similar condition to the satisfaction of
the City Engineer.
Improvements listed above shall be constructed within 24 months of final map
approval and/or improvement plan approval which ever occurs first.
The Fire Marshal has determined that onsite fire hydrants are required to serve this project. Prior to issuance of a building pefinit for the site, the applicant must
sub+ and receive City and water district approval for appropriate waterline
improvement plans and easements. All improvemetits 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.
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The design of all private streets and drainage systems shall be approved by the
City Engineer prior to approval of the final map for this project. The structural
section of all private streets shall conform to City of Carlsbad Standards based on
R-value tests. All private streets and drainage systems shall be inspected by the City, and the standard improvement plan check and inspection fees shall be paid
prior to approval of the fIna map for this project. The horizontal design of the private streets are approved as shown on the tentative map.
The private sidewalk shall be kept clear of all obstructions including, but not
limited to, fire hydrants, mail boxes and street lights.
The subject property is within the boundaries of Assessment District No. 88-1
(Alga Road). Upon the subdivision of land within the district boundaries, the
subdivider may pass through assessments to subsequent owners o& if the subdivider has executed a Special Assessment district Pass-Through Authorization
Agreement. Said agreement contains provisions regarding notice to Potential
buyers of the amount of the assessment and other provisions and requires the subdivider to have each buyer receive and execute a Notice of Assessment and an Option Agreement. In the event that the subdivider does not execute the
Authorization Agreement, the assessment on the subject property must be paid off in lid bv the subdivider prior to anv subdivision of the land.
As required by State law, prior to the recordation of a Enal map over any of the
subject property, a segregation of assessments must be completed and recorded for
all subdivided lots. By applying for a segregation of assessments, the subdivider
agrees to pay the fee to cover the costs associated with the segregation. A
segregation is not required if the subdivider pays off the assessment on the subject
property prior to the recordation of the &al map. In the event a segregation of assessments is not recorded and property is subdivided, the full amount of
assessment will appear on the tax bills of a new lot.
This project is approved under the express condition there will be model units.
The grading requkd for the model units is shown in an exhibit to the tentative
map. The grading for the model units prior to Enal recordation is author&d
pursuant 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
FireMarshal.
All storm dram and sewerlines which do not carry public flows shall remain private
and be maintained by the Ho- Association. A note to this effect shall be
placed in the cc&R%.
If the developer chooses to construct out of phase, all improvements required by
previous contiguous phases must be eonshucted.
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75. The open space lots - Lot 24 through 29, shall be deeded over to the Aviara Master Association con current with final map recordation per the agreement between the
developer and Hillman properties.
76. 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 access,
parking, private utilities and maintenance purposes.
2. Acommonareainpexpetuityasaco venant running with the land over Lot 1 through Int 23 inclusive!, for landscaping, access and maintenance
Purposes.
These covenants for easements shall be binding upon all successors, assigns and transferee of covenantor. These covenants can not be quitclaimed without the
approval of the City. Wording to that effect shall be placed in the covenants.
77. The emergenq access road shall be constructed with Phase 6.
78. Phase 3 of (X 90-S shall include street, curb, gutter, storm drainage inlets and the necessary infias~cture~ in Sand Astor Drive and Plover Court necessary for the
development of that phase, to the satisfaction of the City Engineer.
Fire Conditions:
79. Additional public and/or on site !I.re hydrants shall be provided if deemed
necessary by the Fire Marshal.
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An all weather access road shall be maintained throughout construction.
All required fire hydrants, water mains and appurtenances shall be operational
prior to combustible building materials being located on the project site.
82. proposed security gate systems shall be provided with “Knox” key operated
override switch, as specified by the Fire Department.
83. All private driveways shall be kept clear of parked vehicles at all time, and shah
have posted “No Parking/Fire Lane - Tow Away Zone” pursuant to Section
17.04.040, Carlsbad Municipal Code.
84. Fire retardant roofs shall be required on all structures.
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85. Brush clearance shall be maintained according to the specifications contained in
the City of Carlsbad Landscape Guidelines Manual.
86. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers,
and other systems pertinent to the project shall be submitted to the Fire
Department for approval prior to construction.
87. Building exceeding 10,000 sq. ft. aggregate floor area shall be sprinklered.
Water District:
88. 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.
89. The developer’s engineer shall schedule a meeting with the District Engineer and
the City Fire Marshal and review the preliminary water system layout prior to
preparation of the water system improvements plans.
90. The developer will be responsible for all fees and deposits plus the major facility
charge which will be collected at time of issuance of building permit.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 16th day of January, 1991,
by the following vote, to wit:
AYES: Chairperson Holmes, Commissioners: Schlehuber, Schramm, McFadden
and Hall.
NOES: Commissioner Erwin.
ABSENT: Commissioner Marcuh
ABSTAIN: None.
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. I&LZM~LER
PLANNING DIRECTOR
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PLANNING COMMISSION RESOLUTION NO. 3141
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
CONDOMINIUM PERMIT TO DEVELOP A 145 DWELLING UNIT
CONDOMINIUM PROJECT ON PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF ALGA ROAD
AND AMBROSIA LANE.
CASE NAME: AVIARA - PLANNING AREA 7
CASE NO.: CP 90-2
7 WHEREAS, a verified application for certain property to wit:
8, Lots 92 and 93 of the City of Carlsbad Tract 85-35, Aviara Phase I, Unit
9 G
10 I has been filed with the City of Carlsbad and referred to the Planning Commission; and
11 WHEREAS, said verified application constitutes a request as provided by Title 21
12 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of November, 1990, and
14 the 16th day of January, 1991, hold a duly noticed public hearing as prescribed by law to
15
16 consider said request; and
17 WHEREAS, at said public hearing, upon hearing and considering all testimony and
18 !I arguments, if any, of all persons desiring to be heard, said Commission considered all
19 ii factors relating to the Tentative Tract Map and Condominium Petit.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as
follows:
Al That the above recitations are true and correct.
J9 That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL of CP 90-2, based on the following findings and subject
to the following conditions:
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Findinns:
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The project is consistent with Master Plan 177 since the proposed net d&t-y of 5.3 dWacre is within the permitted density of 7.9 du/acre as q&,&d V&&I
Master Plan 177.
The site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the
density proposed.
The Planning Commission has, by inclusion of an appropriate condition to this
project, ensured building 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.
The dedication of the 12.4 acre school site at the intersection of Alga Road and
Ambrosia Lane is acceptable as mitigation of the impact to existhig Carl&ad uni&cl school District school facilities.
The dedication of a 24.25 acre park site at the nor&hem terminus of Ambrosia
Lane satisfies park fee requirements.
All necessary public improvements have been provided or will be required as
conditions of approval.
The applicant has agreed and is required by the inclusion of an appropriate
condition to pay a public facilities fee. Performance of that contract and payment
of the fee will enable this body to find that public facilities will be available
concurrent with need as required by the General Plan.
The proposed project is consistent with the Civs Planned Development Ordinance
and also complies with the Design Guidelines Manual.
hdiscuedhtlzestaffrepo~thepjectis: (1) mmsiste!nt with the
development standards of the Aviara Master Phn 177 and the Planned
Development ordinance; (2) in cotiormance with the Design Criteria of Master
Plan 177; (3) in compliance with the Ciqs Noise Poliley No. 17 as conditioned;
and (4) is in conformance with the MeUo I J.mal Coastal Program,
PC RESO NO. 3141 -2-
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The proposed project is compatible with the surrounding future and existing land uses since surrounding properties are designated for Residential Development
(RM/RLM/OS) on the General Plan.
This project will not cause any significant environmental impacts and a Mitigated Negative Declaration has been issued by the Planning Director on August 30, 1990, and Recommended for Approval by the Planning Commission on January 16, 1991. In recommending approval of this Mitigated Negative Declaration the
Planning Commission has considered the initial study, the staff analysis, all
required mitigation measures and any written comments received regarding the
significant effects this project could have on the environment.
The applicant is by condition, required to pay any increase in public facility fee,
or new consmxtion tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan
prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will
ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project.
This project is consistent with the City’s Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 19.
Conditions:
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All conditions of approval for CT 90-5 as contained in Planning Commission
Resolution No. 3140 apply to this approval and are incorporated through this
reference.
PC RESO NO. 3141 -3-
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. c PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
1 Commission of the City of Carlsbad, California, held on the 16th day of January, 1991, bl 2 i,
3 the following vote, to wit:
41 AYES: Chairperson Holmes, Commissioners: Schlehuber, Schramm,
McFadden and Hall.
5
6l NOES: Commissioner Erwin.
7 ABSENT: Commissioner Marcus.
8 ABSTAIN: None’ 9 pg&ypfi6 . 10
ROBERT HOLMES, Chairperson
11 CARLSBAD PLANNING COMMISSION
12 ATTEST: 13 .
15 MICHAEL J. HOtiMILLEk PLANNING DIRECTOR
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March 19, 1991
Carlsbad City Council
1200 Carlsbad by the Sea Dr.
Carlsbad, CA 92009
Re: City Council Meeting, March 19, 1991
Issue of Water Meters for grading
Dear Council Member:
I am writing to seek your no vote in regards to the issuing of water
meters to Hillman Properties for grading in Aviara, Phase 2.
If we the residents of Carlsbad, as well as all residents in San Diego
County must drastically cut our water consumption, I feel it would
be completely improper to allow for further development until the
water crisis has passed. Then, when the City feels the issuance
of meters is warranted, at that time allow the grading to begin.
Thank you.
Dallas Smith
1011 Iris Court
Carlsbad, CA 92009
(619) 438-1790
DS/ks
March 25, 1991
Lyon Communities
4330 La Joila Village Drive, Suite 130
San Diego, CA 92122
Enclosed for your records, please find a copy of
the following Resolution 91-83 adopted by the
Carlsbad City Council on March 19, 1991.
EE RAUTENKWWZ
CITY CLERK /
LR:lw
Enclosure (1)
1200 Carlsbad Village Drive l Carlsbad, California 92008 - (619) 434-2808