HomeMy WebLinkAbout1991-07-16; City Council; 11258; Aviara Planning Area 24Cl7 OF CARLSBAD - AGENr. BILL L3 y&q 0 ’
I AB# 11; 2s 8 TITLE: APPROVAL OF A MASTER PLAN AMEN1 TENTATIVE SUBDIVISION MAP, LOCAL . MTG. 7/16/91 COASTAL PROGRAM AMENDMENT AND HILLSIDE I ULr"nb
CITY ATT* ___ -..
DEI PT. IDEVELOPMENT PERMIT FOR A 122 LOT PROJECT CA IAPPLICANT: AVIARA PLANNING AREA 24 ICITY MG
RECOMMENDED ACTION: 1 CT 90-15/LCPA 90-6/HDP 90-20 1
If Council concurs your action is adopt Resolution No. cfl-2 3 3
approving the Mitigated Negative Declaration, Tentative Map (CT 90-
15) I Local Coastal Program Amendment (LCPA 90-6) and Hillside Development Permit (HDP 90-20) and adopt Ordinance No. NS-161 approving MP 177 (D) amending Ordinance No. 9839 and Master Plan 177.
ITEM EXPLANATION
The City Council at your meeting of July 2, 1991 directed our office to prepare documents approving the Mitigated Negative Declaration, Tentative Subdivision Map CT 90-15, Local Coastal Program Amendment LCPA 90-6 and Hillside Development Permit HDP 90- 20. The resolution is attached. The Council should satisfy itself that the findings and conditions as recommended by the Planning Commission accurately reflect your intentions in the matter.
EXHIBITS
Resolution No. 4 l-233 Ordinance No. NS-161
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RESOLUTION NO. 91-233
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A MITIGATED NEGATIVE DECLARATION AND TENTATIVE SUBDIVISION MAP (CT go-15), LOCAL COASTAL PROGRAM AMENDMENT (LCPA 90-6) AND HILLSIDE DEVELOPMENT PERMIT (HDP 90-20) FOR AN 122 LOT PROJECT ON 54.61 ACRES OF LAND GENERALLY LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF ALGA ROAD AND FUTURE POINSETTIA LANE, IN LOCAL FACILITIES MANAGEMENT ZONE 19. APPLICANT: AVIARA PLANNING AREA 24 CASE NO: CT 90-15/LCPA 90-6/HDP 90-20
WHEREAS, on May 29, 1991the Carlsbad Planning Commission
held a duly noticed public hearing to consider a proposed Mitigated
Negative Declaration, Tentative Subdivision Map CT 90-15, Local
Coastal Program Amendment LCPA 90-6 and Hillside Development Permit
HDP 90-20 for a 122 lot project and adopted Resolutions Nos. 3227,
3230, 3229 and 3231 respectively, recommending to the City Council
that the Mitigated Negative Declaration, Tentative Subdivision Map
CT 90-15, Local Coastal Program Amendment LCPA 90-6 and Hillside
Development Permit HDP 90-20 be approved; and
WHEREAS, the City Council of the City of Carlsbad, on
July 2, 1991 held a public hearing to consider the recommendations
and heard all persons interested in or opposed to CT 90-15/LCPA 90-
6/HDP 90-20; and
WHERAS, a Mitigated Negative Declaration was issued on
March 28, 1991 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.
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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. 3227 marked
Exhibit A attached hereto are the findings and conditions of the
City Council.
3. That the tentative subdivision map of this project
(CT 90-15) is approved and that the findings and conditions of the
Planning Commission contained in Resolution No. 3230 marked Exhibit
B and attached hereto are the findings and conditions of the City
Council.
4. Local Coastal Program Amendment LCPA 90-6 is approved
and that the findings and conditions of the Planning Commission
contained in Resolution No. 3229 marked Exhibit C and attached
hereto are the findings and conditions of the City Council.
5. Hillside Development Permit HDP 90-6 is approved and
that the findings and conditions of the Planning Commission
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contained in Resolution No. 3231 marked Exhibit D 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 16th day of July I
1991, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Nygaard and Stanton
NOES: None
ABSENT:None
ATTEST:
ALETI-IA L. RADTENKRANZ, City Clhrk
(SEAL)
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PLANNING COMMISSION RESOLUTION NO. 3227
A RESOLUTtON OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA RECOMMENDING
APPROVAL OF A MITIGATED NEGATIVE DECLARATION
FOR A MASTER PLAN AMENDMENT/LOCAL COASTAL
PROGRAM AMENDMENT/TENTATIVE TRACT
MAP/HILLSIDE DEVELOPMENT PERMIT OVER PLANNING
AREA 24 OF THE AVTARA MASTER PLAN.
APPLICANT: AVIARA PLANNING AREA 24
CASE NO.: MP-177(D)/LCPA 90-6/CT 90-lS/HDP 90-20
WHEREAS, the Planning Commission did on the 29th day of May, 1991,
hold a duly noticed public hearing as prescribed by law to consider said request, and
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WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, examining the initial study, analyzing the information
submitted by staff, and considering any written comments received,’ the Planning
13 /I Commission considered all factors relating to the Mitigated Negative Declaration.
14 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
15 as follows: 16
17 A) /I
That the foregoing recitations are true and correct.
ia B)
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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 March 28,1991, and “PII”, dated March X,1991,
attached hereto and made a part hereof, based on the following findings:
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II
Findings:
22 1. The initial study shows that there is no substantial evidence that the project may
23 have a significant impact on the environment provided that mitigating conditions
of approval are complied with. \
24 2 . The streets are adequate in size to handle traffic generated by the proposed
25 project.
26 3. The proposed project site has already been reviewed under Master Plan EIR 83-
27 2(A) and as designed, the project implements all recommended mitigation
measures of said EIR 83-2(A).
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4. The project will either preserve in open space or replace with comparable quality
and acreage, the previously coastal deed restricted habitat areas.
Conditions:
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6.
. . .
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. . .
Prior to the initiation of project grading, a cultural resources data recovery
program shall be conducted at site SD1 6753. This data recovery program shall
involve the excavation of six square meter test units. As soon as this data recovery
mitigation program is completed, a letter from the archaeological consultants
confuming this shall be required to be submitted to the Carlsbad Planning
Department.
All portions of this project as shown on Exhibits “I” - “J”, dated April 12, 1991,
shall be required to be landscaped consistent with these same Exhibits. A detailed
Landscape and Irrigation Plan (which includes a timeline for implementation) shall
be submitted and approved by the Planning Director prior to the issuance of
grading permits. The Landscaping shall be required to be initiated immediately
following rough grading of each of these graded areas. Prior to the issuance of a
grading permit, a Landscaping bond shah be required to be posted with the City.
Prior to the issuance of a grading permit, all “Give Bach” areas (as shown on
Exhibit “F”) and other project open space areas shah be required to be placed
under a deed restriction which prohibits any encroachment for development into
those areas in perpetuity.
This project is approved subject to the condition that no project grading shaJl be
permitted during the Black Tailed Gnatcatcher breeding season (March 1 - June
1). Any modifications to grading restrictions shah be subject to approval of the
City and be based on the prior approval of the California Coastal Commission in
consultation with the Department of Fish and Game and U.S. Fish & Wildlife
Service.
All deed restricted habitat areas shall be required to be staked and flagged in the
field by a certi&d biologist prior to the issuance of grading permits. AU deed
restricted areas shall be required to be clearly demarca ted on all project grading
Ph=
AU “Give Bach” areas that are adjacent to Coastal Sage Scrub habitat shah be
required to be fully landscaped with similar native species. Prior to the issuance
of a grading permit, a landscape and irrigation plan for these areas shall be
submitted for review by the Planning Director.
PC PESO NO. 3227 -2-
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7.
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prior to the recordation of the first fhal map, the applicant shall enter into a third
party agreement with the City to contract with an envhmnenml consultant, paid
by the applicant, to provide a monitoring program for the mitigation measures
required by the tentative map. The program shall include specific monitoring
activities, a reporting system, and criteria for evaluating the success of the
mitigation measures.
Prior to the occupancy of any future affected dwelling units within this Planning
Area, the project applicant shall construct the sound attenuation walls along Alga
Road and future Poinsettia Lane as described in the Acoustical Analysis for PA-24
(Mesh-e Greve, 1990). The project applicant shall also incorporate all required
trafiic noise mitigation measures (mechanical ventilation) described in this
acoustical analysis into the effected units.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Cornmissioti of the City of Carlsbad, California, held on the 29th day of May, 1991, by
the following vote, to wit:
AYES: Chairperson Holmes, Commissioners: Schlehuber, Schramm,
&vary, Noble & Hall.
NOES: Commissioner Erwin.
ABSENT: None.
ABSTAIN: None. ---
' ROBERT HOLMES, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL
PLANNING DIRECTOR
PC RESO NO. 3227 -3-
MITIGATED NEGATIVE DECLARATLON
PROJECT ADDRESS/LOCATION: The 54.6 acre project site is located at the nonheasr
comer intersection of Alga Road and future Poinsettia Lane.
PROJECT DESCRIPTION: (A) Master Plan Amendment/Local Coastal Program
Amendment to: (1) change permitted single family lot sizes kom small lot to minimum 7,500 sf, (2) reduce maximum
dwelling unit potential from 193 du’s to 120 du’s, (3) increase
open space by 4.3 acres and; (4) modify Master Plan development standards and design criteria for Planning Area 24
of the Aviara Master Plan.
(B) A 54.6 acre/124 lot/120 dwelling unit tentative map, and
Hillside Development Permit for Aviara PA 24.
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 C&bad. 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 30 w of date of issuance. If you have any questions, please call Chris DeCerbo
in the Pw Department at 438-l 161, extension 4445.
DATED MARCH 28,199l
CASE NO: MP 177(D)/LCPA 90-6KI' 90-15 Planning Director
APPLICANT AMARA PA-24
PUBLISH DAti: MARCH 28,199l
2075 Las Palmas Drive l Carlsbad, California 92009-4859 l (619) 438-3 161
-ch’VbfEflM MPACr ASSESSMENT FORM - PART II
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO
DATE:
. MP 177(DVLCPA90&CT 90.lS,/HDP w-z?
MARCH 15. 1991
3.4CKGROCND
1 *. CASE NAME: AT*iara Planninn Area 24
7 A. APPLIMT: Aciara Land Associates
3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2011 Palomar Aimort Road
Carlsbad. CA 92008
4. DATE ELA FORM PART I SUBMITTED: April 12. 1990
5. PROJECT DESCRIPTION:
EWtRONMENTAJ, IMPACTS
f 1 Am dment/Local Coastal Promam Amendme:: A Master Plan en to: (1) than ‘tte si . . < u 7
from 1 93 d ‘s t u’s b
and: (41 modifv Master Plan develonment standards and design
criteria for Plannina Area 24 of the Aviara Master Plan. (61 A 54.6
acre/124 lot/l20 dwelling unit tentative maD. and Hii!side
j eve10 f
STATE CEQA GUIDELINES, Chapter 3, kticle 5, section 15063 requires that the City conduct an
Environmental Impact Assessment to determine if a project may have a signilicant effect on the environment.
The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist
identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental
Impact Report or Negative Declaration.
* A Negative Declm may he prepared if the City perceives no substantial evidence that the project or
any of its aspects -ause a significant effect on the environment. On the checklist, “NO” will be checked to indicate this detaxnination.
* An EIR must be prepared if the City determines that there is substantial evidence that any aspect of the
project may cause a sienificant effect on the environment. The project may qualify for a Negative
Declaration however, if adverse impacts are mitigated so that environmental effects can be deemed insianificant. These findings are shown in the checklist under the headings ‘YES-s&” and “YES-i&g!
respectively.
A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under
DISCUSSION OF ENVIRONMENTAL EVAJLJATION. Particular attention should be given to discussing
mitigation for impacts which would otherwise be detexmined significant.
PHYSICAL ENvTRONA4Ervk
WILL THE PROPOSAL DI&TLY OR INDIRECTLY:
1. Result in unstable earth conditions or
increase the exposure of people or property
to geologic hazards?
3 k-t Appreciably change the topography or any
unique physical features?
3. Result in or be affected by erosion of soils
eirher on or off the site?
4. Result in changes in the deposition of beach
sands, or modification of the channel of a
river or stream or the bed of rhe ocean or
any bay, inlet or lake?
5. Result in substantial adverse effects on ambient air quality?
6. Result in substantial changes in air movement, odor, moisture, or temperature?
7. Substantially change the course or flow of
water (marine, fresh or flood waters)?
8. Affect the quantity or quality of surface
water, ground water or public water supply?
9. Substantially increase usage or cause
depletion of any natural resources?
10. Use substantial mounts of fuel or energy?
11. Alter a significaat 8rcheological,
paleontological or historical site,
stnxture or object?
YES big) YES NO (insig)
Y A
Y I
Y b
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Y 1
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X
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x - \
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BIOLOGICAL EMrIROm
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YE; S $4
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13.
14.
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16.
Affect the diversity of species, habitat
or numbers of any species of plants (including
trees, shrubs, grass, microflora and aquatic
plants)?
[ntroduce new species of plants into an area,
or a btier to the normal replenishment of
existing species?
Reduce rhe amount of acreage of any agricultural crop or affect prime, unique
or other farmland of state or local imponance?
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?
HuMANmoNMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECI’LY:
17. Alter the present or planned land use
of an area?
18. Substantially afkt public utilities,
schools, police, fkc, emergency or other public services?
NO
X
YES
(sir) (insir)
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x
NO
x
X
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HUMAN ENVIRONMENT
CVILL THE PROPOSAL DIRECTLY OR INDIRECTLY:
19.
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32.
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?
tnvolve 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, bicyclirrr or pedestrians?
Interfere with emergaq 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?
-f=. YES (su) NO tinsiz;
X
x
x
x
X
X
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MANDATORY FINDCNGS OF SIGNIFICANCE
WILL THE PROPOSAL DIRECI’LY OR [NDRECTLY: 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 shorr-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 rime while long-term impacts will
endure well into the future.)
Does the project have the possible
environmental effects which are in-
dividually limited but cumulatively
considerable? (“Cumulatively con-
siderable” means that the incremental
effects of an individual project are
considerable when viewed in connection
with the effects of past projects, the effects of other current projects, and the effects of pm&bk future projects.)
Does the projec# bve environmental effects which will ause substantial adverse effects on human beings,
either directly or indirectly?
NO
X
Y L
X
DISCUSSION OF ENVIRONMENTALEVALUATION
This project is a MasttS Plan Amendment, Local Coastal Program Amendment, Tentative Tract xlap Ir.~
Hillside Development P&t for Pkrkg Area 24 of the Atiara Master Plan 177. The Tentative Map inc:,ies
120 minimum 7,500 square foot single family residential lots and 4 open space lots (15.2 acres) ot’er Y/.5
54.61 acre Planning Area. The northeastern portion of the project site has been disturbed as a conseqxe::t
of a Ciry approved stockpile operation. The central and northeastern portions of the site exist as level - ; -. ..->Y :CFS. previously under agricultural use, which are surrounded by coastal side slopes which are vegecareL 7.‘. :::.
densely covered chaparral and coastal sage scrub habitat. For this environmental analysis, staff con212::C several field trips to the subject properry and reviewed the Pacific Rim County Club and Resort .Clas:er ?k
Emironrnental Impact Report (ELA 83-2(A)) which covers this properry. In that: (1) the proposed p:~je::
site has already been reviewed under Master Plan EIR 83-2(A), (2) as designed, the project implemezrj 1.1
recommended mitigation measures of EtR 83-2(A), (3) the product type changes and design guidelir.es as
proposed till ensure land use compatibility with existing or future land uses, (4) the project hill either
preserve in open space or replace with comparable quality and acreage, the previously deed restricted coaj:i:
sage scrub habitat, and (5) the project as proposed, preserves an additional 4.3 acres of the project sir2 :I-.
open space than originally anticipated under MP 177, no environmental impacts are anticipated. There it.e:e
no public comments received in response to the Conditional Negative Declaration.
P hvsical Environment
1.
2.
3.
4.
5.
The project site contains no unstable earth conditions. The project as proposed includes extensive
grading (60’ of fill) within the Phase N area located adjacent to the alga Road/Poinsettia Lane future
intersection. This fill can however be adequately developed upon, through implementarion ci
standardized soils compaction and stability measures. No unstable earth conditions will result iron
project development.
Grading of the project site consistent with the proposed tentative map would require considerable earth
movement 342,400 cubic yards cut 578,000 cubic yard, f3.l. Potential visual effects associated with this
grading shall be mitigated through conformance with the design guidelines and development standards
of the City’s Hillside Ordinance. Visual impacts associated with project land from modification can be
mitigated through complete hydroseeding and landscaping of manufactured slopes and future
implementation of project landscaping.
Drainage and erosion ckrol facilities (desiltation basins, storm drain and terrace drains) will be
incorporated into the project to adequately reduce potential soil erosion impacts. The project shall also
be conditioned to zichly landscape all manufactured slopes.
Potential erosioll @acts to Batiquitos Lagoon will be adequately mitigated as discussed in response #3 above.
Construction emission and fugitive dust generation impacts associated with project grading are considered short term and insigni&nt. Dust generation can be adequately controlled through watering
operations. Air quality impacts associated with future development of housing upon this area is not considered significant in itself. Long term full mitigation of regional air qualitys impact shall require
that dependence upon the automobile be reduced regionally and statewide.
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DISCUSSION OF ENVIRONMENTAL EVALUATION (cont’dl
6.
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a.
9.
10.
11.
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[n that no structural development is proposed at this time, impacts to air movement are nor anticipare?. sir qu&ry impacts from dust generation can be adequately controlled through watering 0peraricr.s
during project grading.
This project w-ill not change the course or flow of water as no streams are located in the immediare are3
and ail drainage waters will be handled by proposed drainage facilities.
Development of this project (tentative map grading and road construction) will create impeniocs
surfaces which would reduce absorption rates and incrementally increase runoff velocities. H0wet.e:.
to accommodate this increased runoff, drainage facilities will be incorporated inro this projecr a~,<
future residential development upon the site, thereby mitigating this concern.
rmplerrientation of the proposed project will incrementally contribute to the depletion of fossil fide!s
during grading operations and other natural resources required for project roadways. This short rem
incremental impact is not regarded as significant.
See #9 above.
Two archaeological sites (SDi-6753, 6754) are located upon the subject property. As a condition of
approval of EIR 83-2(A) a testing program was ctied out at these two sites. Most of the SDi 67 54
sire is outside of the Aviara project area and the portions of the site that is within the property has had
the anticipated impacts mitigated through testing and analysis of recovered artifacts. The significance
testing undertaken at SDi 6753 resulted in a finding that the site is potentially significant. A data
recovery program is recommended to be undertaken at this site prior to the initiation of grading. The
data recovery program planned for SDi 6753 will involve the excavation of six square meter units.
Implementation of this data recovery program at this site will adequately mitigate potential cultural
resource impacts. ‘This has been included as a condition for the project.
The project site includes environmentally significant property which was placed under deed restriction
by the California Coastal Commission upon approval of Master Plan 177. This proposal will encroach into 2.01 acres of the protected habitat including 1.34 acres of sage scrub and .67 acres of Chapparal.
However, as mitigation for this encroachment, the project applicant is proposing to give back as deed
restricted open space 2.79 acres of habitat which is of higher quality including 2.55 acres of sage scrub,
and .24 acres of Chaparral. The increase in Coastal Sage Scrub by .78 acres is potentially beneficial to the California Gnatcatcher, which utilizes the habitat.
No signikant w to the abovementioned coastal sage scrub habitat are anticipated in that project
landscaping propored adjacent to this habitat shall be required to be compatible and non-invasive.
As stipulated in MP-177, conversion of agticulti lands shall be permitted upon payment of agricultural conversion fees. In accordance, the project applicant has already paid to the State Coastal Conservancy agricultural mitigation fees required for the development of the project site.
15. As discussed in #12 above, the previously deed restricted coastal sage habitat (or comparable qc:a;ir,
habitat) will he maintained in open space. Accordingly, no significant impacts to habitat or species are
anticipated.
16. The projecr as proposed preserves in open space the majority of the previously deed restricted CO~S~Z:
sage scrub habitat. In addition, the project preserves in open space 4.3 additional acres than anrici;a:?,
under MP-177. The addition of this open space in association with previously deed restricted cyer.
space will function to provide adequate corridors for the movement of animals rhroughour r:?e ;:z:e::
sire.
17. Development of this project will be consistent with the General Plan, Master Plan 177 (as amenders: and the Mello I LCP (as amended). The land use changes proposed will be internally compatible as LV&
as being compatible with adjacent uses.
18. AS discussed in the Zone 19 Local Facilities Management Plan, with the payment of all fees and rhe
implementation of all improvement conditions (ie. upgrading of the Batiquitos sewer pump station,
construction of Alga Road and Batiquitos Drive), all public facilities and services will be available to
meet the demands of the future development of 120 single family residences proposed on the projec:
site.
19. Although the Tentative Map and Master Plan Amendment does not propose any actual product
development, any subsequent dwelling unit construction on site shall not be per-mined until the
Batiquitos Sewer Pump Station is upgraded.
20. Construction of the project (grading and road development) may result in short term insignificant
construction noise impacts upon surrounding existing and proposed residences. Otherwise, the future residential uses on the subject property will be acoustically compatible with surrounding existing and
future residential uses. At the time that future residences are constructed upon the subject property,
traffic noise impacts from Alga Road/Poinsettia Lane shall be required to be mitigated.
21.
22.
Future lighting utilized onsite will be directed so as to not impact adjacent future views.
Because this is a residential project it will not involve a sign&ant risk of an explosion or the release
of hazardous substances.
23. The proposed e density of 2.2 du/acre is well below the density permitted upon the site (3.6
du/acre) per th Avirrr Master Plan. In view of the reduced density, overall project environmental
effects should be reduced.
24. The project will provide additional housing units to meet existing demand.
25. 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.
DtSCUSStON F NW 11
26.
27.
28.
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30.
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The demand for p@ng facilities created by this project will be satisfied onsite. Two garage spaces .vL+::
be provided for each unit and adequate on street guest parking will be provided throughout the prcje,+:,
The project will add 1200 ADT to Alga Road. Other surrounding streets will also carry poniom
of this traffic. This minor increase in traffic upon d su.tTounding streets is not considered
significant.
The project site is outside of the Airport Influence Area for Palomar Airport.
TWO vehicular access points are proposed for the project and are not located to cause conflicrs
with intersections with Alga Road.
The project will not interfere with emergency response plans.
Grading of the subject property would result in a shon-term but unavoidable visual impacts. ~:k;‘s
impact can, however, be mitigated through the following mitigation measures: (1) all manufactured
slopes shall be required to be fully hydroseeded and irrigated immediately following rough grading, and
(2) all manufactured slopes shall be required to be undulated and contour graded consistent with rhe Hillside Development Ordinance. When a future site development plan is processed over this properry,
rich landscaping shall be incorporated into the project design.
As proposed, the project will have no impact on existing recreational opportunities. Implementation
of this project will, however, ensure the preservation of 15.2 acres of natural open space areas.
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mAfXIS OF MABLF.ALTERNATM3 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) deveIopment at some future time rather than now, f) alternate sites for the proposed, and
g) no project alternative.
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The 120 residential lots proposed with this project will be developed in 4 separare
phases. Phasing, however will not likely result in an environmentally superior prc;ec:.
This project has been designed consistent with the Aviara Master Plan - Planning .t-e3
24 conceptual site plans and the Ciry’s Hillside Ordinance. This project wiil Ajo
preserve additional site acreage in natural open space than originally anticipated under
the existing Master Plan.
The potential scale (number of dwelling units) of this project will be reduced from 193
du’s to 120 du’s with the approval of this Master Plan Amendment.
Any change of land use upon the subject property would necessitate a General Plan
Amendment and a Master Plan Amendment. tn that this project would result in the development of low-medium density residential (2.2 du/ac), it is regarded as an
environmentally preferable alternative.
The project will result in the grading and subdivision of Aviara Planning Area 24. A future site development plan application will be required to be processed through the City. No structural development will be permitted on-site unless all public facilities and available concurrent with demand. In accordance with these requirements, the project
will likely be developed in increments and over time.
The project is proposed in a Master Plan area over which an EIR has already been
certified (EIR 83-2(A)). As discussed in the EIR, this site is regarded as the
environmentally preferable site for the proposed project.
‘I’& “no project” alternative is nor in conformance with the General Plan/Master Plan
wtion for the property. Hence, it is not regarded as environmentally preferable.
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DETERVINATION (To Be Completed By The Planning Department)
On the basis of this initial evaluation:
- 1 find the proposed project COULD NOT have a significant effect on the environment, and a NEG.iT:..
DECLARATION will be prepared.
1 rind rhat rhe proposed project COULD NOT have a significant effect on rhe environment, becacje ::-..
environmental effects of the proposed project have already been considered in conjuncticr. ‘,I, :’ .
previously certified environmental documents and no additional en\irorunencal retiew is resL:r-:-
Therefore, a Notice of Determination has been prepared.
‘( - [ find that although the proposed project could have a significant effect on the encirorunent. there ;%.:.I not be a significant effect in this case because the mitigation measures described on an attachei
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 ENVIROh’.LIEST.‘.L
IMPACT REPORT is required.
3 !c--.[I
Date
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Signature
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Planning Direclbr J
CDD:km
1. All manufactured slopes greater than 2’ in height shall be required to be fully hydroseeded and inigared immediately following project rough grading. All manufactured slopes adjacent to coastal deed
restricted habitat areas shall be required to be vegetated with similar native species. Ptior to the
issuance of a @ing permit, a landscape .and irrigation plan (which includes a time line fx
implementati4 roll be submitted for review by the Planning Director.
2. Prior to the M of a grading permit, ail coastal “Give Back” areas shall be required to be placed under a deed restriction which prohibits any encroachment for development into those areas i::
perpetuity.
3. This project is approved subject to the condition that no project grading shall be permitted during the Black Tailed Gnatcatcher breeding season (March 1 - June 1).
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MITIGATING MEASURES- fcont’dl
4. AU deed restricted habitat areas shall be required to be staked and flagged in the field by a ceEi:‘?i
biologist prior to the issuance of grading permits. All deed restricted areas shall be required :G k
clearly demarcated on all project grading plans.
5. Prior to the initiation of project grading, a cultural resources data recovery program shall be cond-X:C:
at site SDi 6753. This data recovery program shall involve the excavation of six square meter test 1::::s.
us soon as this data recovery mitigation program is completed, a letter from the archaelcT-.icl
consultants confirming this shall be required to be submitted to the Carisbad Planning DepaRmer.r.
33. Prior to the occupancy of any Future affected dwelling units within this Planning Area, the prejec:
applicant shall constnxt the sound attenuation walls along Alga Road and future Poinsettia Lane as
described in the Acoustical Analysis for PA-24 (Mestre Greve, 1990). The project applicant shall also incorporate all required traffic noise mitigation measures (mechanical ventilation) described in ;%s
acoustical analysis into the effected units. t
ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE)
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m'tICANT CONCURRENCE WITH MITIGATING MEASURES
THIStSTOCERTW THATtHAVEREVIEWEDTHEAf3OVE MITIGATINGMEASURES
AJ4DCONCURW[TH~EADDmONOFTHESEMEASURESTOTHEPROJECT.
CDD:km
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APPENDrx P ENWR JvlENTAL MITIGA’IION MOIWX’ORING --Ems Page L of 1,
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PLANNING COMMISSION RFSOLUTION NO. 3230
A RESOLUTION OF THE PLANNING CbMMISSION OF THE CITY OF
CAIUSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF ATENTATIVE
TRACT MAP FOR AVIARA PLANNING AREA 24 ON PROPERTY
GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE ALGA
ROAD/POINSETTIA LANE INTERSECTION.
CASE NAME: AVIARA PLANNING AREA 24
CASE NO.: CT 90-15
WHEREAS, a verified application for certain property to wit:
Portion of Sections 22,26, 27, 28,33 and 34 in Township 12 south, Range 4 west, in the City of Carlsbad
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 29th day of May, 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, if any, of all persons desiring to be heard, said Commission considered all
factors relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as
follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL .of CT 90-l 5, based on the following findings and subject
to the following conditions:
Fin-:
1. The project is consistent with the City’s General Plan and MP-177 since the
maximum permitted density of 2.16 du’s/acre is within the density range of O-4
du’syacre specifie,d for the site as indicated on the Land Use Element-of the General
Plan, and is at or below the growth control point of 3.2.
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2. The site is physically suitable for the type and density of the development
permitted through Master Plan 177.
3. 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.
4. School fees will be paid to ensure the availability of school facilities in the
Carlsbad School District.
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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.
7. 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.
8. The proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for single family residential development on
the General Plan.
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This project will not cause any significant environmental impacts and a Mitigated
Negative Declaration has been issued by the Planning Director on March 28, 1991 and RECOMMENDED FOR APPROVAL by the Planning Commission on May 29,
1991. In approving 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.
PC RESO NO. 3230
The applicant is by condition, required to pay any increase in public facility fee,
or new construction tax, or development fees, and has agreed to abide by any
additional requirements established by a Local Facilities Management Plan
prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This’will
ensure continued availability of public facilities and will mitigate any cumulative
impacts created by the project.
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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.
This project was subject to Chapter 21.95 of the Carlsbad Municipal Code (Hillside
Ordinance) and meets all the requirements of that Chapter to ensure the sensitive
treatment of the City’s hillside resources.
The project is in compliance with Carlsbad’s hterim Open Space Ordinance.
The Tentative Tract Map, CX 90-15, satisfies all requirements of the Subdivision
Ordinance and the State Map Act.
As discussed in the staff report, this project adequately mitigates encroachment
into coastal deed restricted areas.
The project, CT 90-15, is in compliance with the underlying Meilo I Local Coastal
program.
Conditions:
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Approval is granted for CT 90-15, as shown on Exhibit(s) “A” - “K”, dated April 12,
1991, 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 mylar map of the subdivision shall be submitted to the Planning
Director prior, to the recordation of the final map. Said map shall show ail lots
and streets within and adjacent to the project.
This project is approved upon the express condition that the tial map shall not
be approved unless the City Council finds as of the time of such approval that
sewer service is available to serve the subdivision.
PC EIESO NO. 3230 -3-
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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 fulfil1 the subdivider’s agreement to pay the public
facilities fee dated April 30, 1991, a copy of which is on file with the City Clerk
and is incorporated by this reference. If the fees are not paid this application will
not be consistent with the General Plan and approval for this project will be void.
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 unless previously excluded by the Parks Agreement between the City and Aviara Land
Associates dated June 1, 1989.
The applicant shall provide school fees to mitigate conditions of overcrowding as
part of building permit application. These fees shall be based on the fee schedule
in effect at the time of building permit application. All or a Portion of said fees may be waived subject to the approval of the Carlsbad Unified School District.
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 Master
Plan 177 and 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 Plans 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.
Approval of CT 89-39 is granted subject to the approval of MP-177(D), LCPA 90-6, HDP 90-20.
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13. The applicant shall annex the Aviara Planning Area 24 open space areas into the
Aviara Master homeowner% association con current with the recordation of the
final map.
14. 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.
15. A master plan of the existing onsite trees shall be provided to the Planning
Director as part of the final grading plan to determine which trees shall be
required to be preserved prior to the issuance of a grading permit or a building
permit, whichever occurs first.
16. All landscaped areas shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris.
17. Existing onsite trees shall be retained wherever possible and shall be trimmed
and/or topped. Dead, decaying or potentially dangerous trees shall be approved
for removal at the discretion of the Planning Department during the review of a
Master Plan submitted showing existing onsite trees. Those trees which are
approved for removal. shall be replaced on a tree-for-tree basis as required by the
Planning Department.
18. 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.
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Preliminary landscape plans shall be submitted.
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.
21. Landscape plans shall be designed to minimize water use. Lawn and other zone 1 plants (see Landscape Guidelines Manual) shall be limited to areas of special
visual importance or high use. Mulches shall be used and irrigation equipment and
design shall promote water conservation.
22. All herbicides shall be applied by applicators licensed by the State of California.
23. The applicant shall pay a landscape plan check and inspection fee as required by
Section 20.08.050 of the Carlsbad Municipal Code.
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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) shah also include a copy of any
applicable Coastal Development Permit and signed approved site plan.
All conditions of Mitigated Negative Declaration Resolution No. 3227 are
incorporated herein by reference.
Prior to final map approval for CT 90-15, the project applicant or their successor
in interest shah enter into an agreement with the City to provide the Aviara Master
Plan’s proportional share of the City’s total obligation for very low, low and
moderate income housing units.
This project is approved subject to the condition that a Site Development Plan
must be approved by the City, prior to the issuance of any residential building
permits.
The applicant shall establish a homeowner’s 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 shah
include provisions ‘specifying Master homeowners association or PA-24
neighborhood homeowners association maintenance responsibility for all natural
and manufactured project open space areas.
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.
This project is approved subject to the condition that all project landscaping
proposed on Exhibits “I” - “S’, dated April 12, 1991 shall be irrigated with reclaimed water.
Prior to the recordation of the first final tract map 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 aimraft
operating from McClellan-Palomar Airport in a manner meeting the approval of the
Planning Director and the City Attorney. The applicant shall post aimraft noise
notifkation 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 the issuance of a grading Permit or the recordation of the fkal map, the
project applicant shah receive a Coastal Development Permit that approves development that is in substantial conformance with this City approval. The
Coastal Permit shall be required to be submitted to the City Planning Department
for review prior to the issuance of a grading permit.
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Fire:
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This project is approved subject to the uqkrstanding that all required imported
graded mat&al shall be obtained from the Aviara Master Plan Area. If this
imported soil is to be obtained from any other area, then a complete
environmental review and other necessary permits shall be required.
Additional public and/or onsite fire hydrants shall be provided if deemed necessary
by the Fire Marshal.
The applicant shall submit two (2) copies of a site plan showing locations of
existing and proposed fire hydrants and onsite roads and drives to the Fire Marshal
for approval prior to issuance of a building permit.
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 begin located on the project site.
Proposed security gate systems shall be provided with “Knox” key operated
override switch, as specified by the Fire Department.
Brush clearance shall be maintained according to the specifications contained in
the City of Carlsbad Landscape Manual.
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.
All roof-top appurtenances shall be architecturally integrated into the design of the
building and shielding to prevent noise and visual impacts, subject to approval
before issuance of permit.
Engineering:
42. This project is located within the Mello I and Mello II management plans. All
development design shall comply with the requirements of that plan.
43. Unless a standard variance has been issued, no variance from City Standards is
authorized by virtue of approval of this tentative map.
44. The applicant shall comply with all the rules, regulations and design requirements
of the respective sewer and water agencies regarding services to the project.
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The applicant shall be responsible for coordination with S.D.G.&E., Pacific
Telephone, and Cable TV authorities.
This project is approved as four (4) recordation units. Construction phasing may
be allowed subject to the ap@wal of a construction phasing plan by the Planning
Director and City Engineer.
The applicant shall provide an acceptable means for maintaining the easements
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.
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 and not in an open space easement). An appropriately
worded statement clearly identifying the responsibility shall be placed in the
CC&R’s
This subdivision contains a remainder parcel. No building permit shah be issued for the remainder parcel until it is further subdivided pursuant to the provisions
of Title 20 of the Carlsbad Municipal Code. This note shall be placed on a
separate sheet of the final map.
Approval of this tentative tract map shall expire twenty-four (24) months from the
date of City Council approval unless a final map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied at the
discretion of the City Council. In approving an extension, the City Council may
impose new conditions and may revise existing conditions pursuant to Section
20.12.110(a) (2) Carlsbad Municipal Code.
The applicant shall defend, indemnify and hold harmless the City and its agents,
officers, and employees from any claim, action or proceeding against the City or
its agents, officers, or employees to attack, set aside, void or null an approval of
the City, the Planning Commission or City Engineer which has been brought
against the City within the time period provided for by Section 66499.37 of the
Subdivision Map Act.
Prior to approval of the final map, the applicant shall enter into an agreement with
the City to pay any drainage area fees established as a result of the forthcoming
Master Drainage Plan Update. \
The owner of the subject property shall execute a Hold Harmless Agreement
regarding drainage across the adjacent property prior to approval of the of the first
final map or grading permit issuance whichever occurs first for this project.
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The subject property is within the boundaries of Assessment District No. 88-l
(Alga Road). Upon the subdivision of land within the district boundaries, the
applicant may pass through assessment to subsequent owners o& if the applicant
has executed a Special Assessment District Pass-through Authorization Agreement.
Said Agreement contains provision regarding notice to potential buyer of the
amount of the assessment and other provision and require the applicant to have each buyer receive and execute a Notice of Assessment and an Option Agreement.
In the event that the applicant does not execute the Authorization Agreement, the
assessment on the subject property must be paid off in full bv the annlicant nrior
to any subdivision of the land.
As required by state law, prior to the recordation of a final map over any of the
subject property, a segregation of assessments must be completed and recorded for
all subdivided lots. By applying for a segregation of assessments, the applicant
agrees to pay the fee to cover the costs associated with the segregation. A
segregation is not required if the applicant pays off the assessment on the subject
property prior to the recordation of the final map. In the event a segregation of
assessments is not recorded and property is subdivided, the full amount of
assessment will appear on the tax bills of & new lot.
This project requires a grading permit. All grading shall occur in accordance with
City Ordinances, Engineering Standards and Policies.
No grading shall occur outside the limits of the subdivision unless a grading or
slope easement is obtained from the owners of the affected properties. If the
applicant is unable to obtain the grading or slope easement, no grading permit or
final map will be issued. In that case the applicant 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.
All grading shall occur at one time with recordation of the first unit. No Grading
may be allowed prior to the recordation of the first unit unless approved by the
Community Developer Director, Planning Director, and City Engineer.
Prior to hauling dirt or construction materials to or from any proposed
construction site within this project, the applicant shall submit to and receive
approval from the City Engineer for the proposed haul route. The applicant shall
comply with all conditions and requirements the City Engineer may impose with
regards to the hauling operation.
Additional drainage easements may be required. Drainage structures shall be
provided or installed prior to the issuance of grading or building permit as may be
required by the City Engineer.
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The applicant shall place the following notes on a non-mapping data sheet of the
final map:
Geotechnical Caution:
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.
The owner 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
owner shall make an irrevocable offer of dedication for future Poinsettia Lane as
indicated on the tentative map. These offers 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.
Direct access rights for all lots abutting Alga Road and future Poinsettia shall be
waived on the fmal map.
Direct access rights to multi-fronted lots shall be waived as indicated on the
tentative map.
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.
The drainage system shall be designed to ensure that runoff resulting from lo-year
frequency storms of 6 hours and 24 hours duration under developed conditions,
are equal to or less than the runoff from a storm of the same frequency and
duration under existing developed conditions. Both 6 hour and 24 hour storm
durations shall be analyzed to determine the detention basin capacities necessary
to accomplish the desired results. This may be handled within the Master Plan
area.
The applicant shall comply with the requirements of the National Pollutant
Discharge Elimination System (NPDES) permit. The applicant shall provide best
management practices to reduce surface pollutants to an acceptable level prior to
discharge to sensitive areas. Plans for such improvements shall be approved by the
City Engineer prior to approval of the final map or issuance of grading permit,
whichever occurs first.
PC RESO NO. 3230 -lO-
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PIans, specifications, and supporting documents for all public improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final
map in accordance with City Standards, the applicant shall install, or agree to
install and secure with appropriate security as provided by law, improvements
shown on the tentative map and summarized below:
A. Full street improvements for Nightshade Drive, Gull Court, Curlew Terrace,
Caspian Lane, Sparrow Place, Oriole Court, Remsen Court and Wren Court.
B. Design and construct street improvements as shown on the tentative map for
Poinsettia Lane. The developer may bond and/or delay construction for these
improvements for a period of five years.
C. Public storm drain facilities.
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.
All improvements required in this project shah be constructed with the fitst final
map, except as indicated for Poinsettia Lane.
tmprovements listed above shall be constructed within a maximum of 18 months
of final map approval and/or improvement plan approval, whichever occurs first,
except as indicated for Poinsettia Lane.
Drainage outlets into the open space shall be designed to minimize erosion.
The stem drain system proposed to carry flows generated to the north of the
project will require special design subject to the approval of the City Engineer.
The developer shall dedicate a 56 foot drainage easement for the deep stotm dxain
between Lots 102 and 103. This easement shall also be offered for dedication for
a public road to access northerly property along with the slope easements as
indicated on the Tentative Map.
Due to the steep grade, the access mad to the storm drain between Lots 102 and
103 shall be brushed concrete or as approved by the City Engineer.
All open space lots (Lots 119, 120, 121 and 122) shall be owned in fee and
maintained by the Aviara Master Association.
All lots with sight distance corridors shall record a notice restricting height of
landscaping and structures to 30” above the street conmrren twithfinalmap
recordation.
PC RESO NO. 3230 -ll-
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The developer shall record open space easements to be maintained by the Aviara
Master Association or Planning Area 24 homeowners association on the slopes in
Lots 100,101 and 102 and 103.
Any encroachment throughout construction into deed restricted or undisturbed
open space for the purpose of grading will require an amendment to the tentative
map and approval of the California Coastal Commission. A note to this e&t
shall appear on the final grading plan
Prior to the commencement of any grading activities, the developer shall fence off
the deed restricted and undisturbed open space to the satisfaction of the City
Engineer and the Planning Director. A note to this effect shall appear on the Cnal
grading Plans.
Prior to building permit issuance, Alga Road shall be constructed to major arterial
standards or better, from Mimosa Street to El Camino Real to the satisfaction of
the City Elngineer.
Utilities & Maintenance:
81. Any proposed water senkes requiring backflow protection per City Ordinance
must have backflow assembly proposal approved by the Utility Maintenance
Director.
Water:
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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 Et-e flow demands are met.
The developer’s engineer shall schedule a meeting with the District EIngineer 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 responsible for all fees, deposits, and changes. The major
facility charge and the San Diego county Water Authority capacity charges shall
he collected at time of issuance of building permit.
This project is approved upon the express condition that building permits will not
be issued for development of the subject property unless the water district serving the development determines that adequate water and senke is available at the
time of application for water service and will continue to be available until time
of occupancy.
PC R.ESO NO. 3230 -12-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning.
Commission of the City of Carlsbad, California, held on the 29th day of May, 1991, by
the following vote, to wit:
AYES: Chairperson Holmes, Commissioners: Schlehuber, Schramm, Savary,
Noble & Hall.
NOES: Commissioner Erwin.
ABSENT: None.
ABSTAIN: None.
ROBERT HOLMES, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOmILLER
PLANNING DIRECTOR
PC RESO NO. 3230 -13-
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PLANNING COMMISSION RESOLUTION NO. 3229
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A LOCAL COASTAL PROGRAM AMENDMENT (LCPA 90-6) TO AMEND THE EXISTING LOCAL COASTAL
PROGRAM TO REVISE DEVELOPMENT STANDARDS AND
DESIGN GUIDELINES FOR RESIDENTIAL PLANNING AREA
24, AND TO CHANGE PERMIT-TED RESIDENTIAL LOT SIZES
FROM SMALL’ LOT SINGLE FAMILY TO SINGLE FAMILY
(MINIMUM 7500 SF) WITHIN PLANNING AREAS 24 TO
ENSURE CONSISTENCY BETWEEN THE GENERAL PLAN,
MASTER PLAN 177 AND THE LCP, ON PROPERTY
GENERALLY LOCATED AT THE SOUTHEAST CORNER OF
THE ALGA ROAD/POINSETTIA LAND INTERSECTION.
LCPA 90-6 - AVIARA PLANNING AREA 24
WHEREAS, California State Law requires that the Local Coastal Program,
General Plan, and Zoning for properties in the Coastal Zone be in conformance; and
WHEREAS, MP-177 constitutes the zoning for the Aviara Master Plan; and
WHEREAS, a verified application for an amendment to the Pacific Rim
Country Club and Resort (Aviara) Master Plan (MP-177) Local Coastal Plan has been filed
’ with the Planning Department; and
WHEREAS, said verified application constitutes a request for an amendment
as provided in Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the amendment to the Master Plan necessitates an amendment
to the Local Coastal Program (LCP) to ensure conformance between the regulatory
documents; and
WHEREAS, the City in compliance with State Administrative regulations
opened a six week public review for the proposed LCP amendment; and
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WHEREAS, the Planning Commission of the City of Carlsbad, on June $1991
held a public hearing to consider the recommendations and heard all persons interested in
or opposed to Local Coastal Program Amendment LCPA 90-6; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the proposed LCP amendment is consistent with the proposed
Master Plan Amendment No. MP-177(D)
‘3. That, because the Pacific Rim Country Club & Resort Master Plan
(Aviara) is the implementing ordinance of the Local Coastal Program, the kli.ngs and
conditions of Planning Commission Resolution No. 3228, incorporated herein by reference
constitute the findings of the Planning Commission in this matter, and the amendment to
the Local Coastal Program, LCPA 90-6, is hereby recommended for APPROVAL.
PC RESO NO. 3229 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 29th day of May, 1991, by the
following vote, to wit:
AYES: Chairperson Holmes, Commissioners: Schlehuber,
Schramm, Savary, Noble & Hall.
NOES: Commissioner Erwin.
ABSENT: None.
ABSTAIN: - -w.;
Al-l-EST:
MICHAEL J. HO%MILkkR
PLANNING DIRECTOR
PC RESO r;ro. 3229
CARLSBAD PLANNING C6MMISSION
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PLJUWING COMMISSION RESOLUTION NO. 3231
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A HILLSIDE
DEVELOPMENT PERMIT ON PROPERTY GENERALLY LOCATED AT THE
SOUTHEAST CORNER OF THE ALGA ROAD/POINSETTIA LANE
INTERSECTION.
CASE NAME: AVIARA PLANNING AREA 24
CASE NO.: HDP 90-20
WHEREAS, a verified application for certain property to wit:
Portion of Sections 22,26,27,28,33 and 34 in Township 12 south, Range
4 west, in the City of Carlsbad,
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 29th day of May, 1991, consider
said request; and
WHEREAS, at said 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 Planning Commission Determination; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Platig Commission as
follows:
A) That the foregoing recitations are true and correct.
J3 That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL of HDP 90-2, based on the following findings and subject
to the following conditions:
Findings:
1. All findhgs of CT 90-15, Resolution No. 3153 are incorporated herein by
reference.
2. The project complies with all of the development and design provisions of the
Hillside Ordinance.
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3. The net grading amounts of 7,407 cubic yards per acre falls within the acceptable
rxnge required by the City Hillside Development 0rdinance.
4. The project: (1) preserves significant environmental resources and all major steep
slopes in open space and (2) incorporates terraced lots and cu&linear streets into
the projects design.
5. The project does not encroach into major 40% slope areas.
6. Although the project does create one manufactured slopes which exceed 30 feet
in height, this slope is exempted and/or mitigated consistent with the Hillside
Ordinance.
Conditions:
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All conditions of CX 90-15, Resolution No. 3230, and the Mitigated Negative
Declaration Resolution No. 3227, are incorporated herein by reference.
Approval is granted for HDP 90-20, as shown on Exhibits “A” - “I(“, dated April 12,
1991, incorporated by reference and on file in the Planning Department.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
Approval of HDP 90-20 is granted subject to the approval of CI’ 90-E.
PCRESON0.3231 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 29th day of May, 1991, by
the following vote, to wit:
AYES: Chairperson Holmes, Commissioners: Schlehuber, Schramm, Savary,
Noble & Hall.
NOES: Commissioner Erwin.
ABSENT: None.
ABSTAIN: None. (--‘:
. . .’ I II A.’ ‘-\ P v ., :, .lt I * .I \, !..: .: &jJJ9 J fyJ+---
ROBERT HOLMES, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
” MICHAEL J. HOLZtMILlhiR
PLANNING DIRECTOR
PC RJZSO NO. 3231 -3-
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ORDINANCE NO. NS-161
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING ORDINANCE NO.
9839 AND MASTER PLAN 177 TO ALLOW CHANGES IN
THE DEVELOPMENT STANDARDS AND DESIGN
GUIDELINES FOR PLANNING AREA 24 AND TO CHANGE
PERMITTED RESIDENTIAL LOT SIZES FROM SMALL LOT
SINGLE FAMILY TO SINGLE FAMILY (MINIMUM 7,500 SF)
WITHIN PLANNING AREA 24. THE PROPERTY IS LOCATED
AT THE SOUTHEAST CORNER OF THE ALGA
ROAD/POINSETTIA LANE INTERSECTION.
APPLICANT: AVIARA PLANNING AREA 24
CASE NO: MP 177(D)
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The City Council of the City of Carlsbad, California does ordain as follows:
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SECTION 1: That Ordinance No. 9839, and Master Plan 177 adopted
thereby, is hereby amended.
SECTION 2: That the findings of the Planning Commission contained in
Resolution No. 3228 constitute the findings of the City Council in this matter.
SECTION 3: That amended Master Plan 177(D) is approved subject to all
applicable requirements of the Carlsbad Municipal Code and to the satisfaction of the
conditions imposed by previous approvals of said plan.
SECTION 4: That Master Plan 177, dated November 4, 1977 as adopted
by Ordinance No. 9839 is hereby amended as shown on the documents marked
Attachment “Z” to Ordinance No. NS-161 attached hereto and made a part thereof.
Except for said amendments, Ordinance No. 9839 and the Master Plan (MP 177) and all
the terms and conditions thereof shall remain in full force and effect.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its
27 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it
28 to be published at least once in the Carlsbad Journal within fifteen days after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council held on the 2nd day of July , 1991, and thereafter
PASSED AND ADOPTED at a regular meeting of sai! City Council held on
16th day of July , 1991, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Nygaard and
Stanton
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED AS TO FORM AND LEGALITY
Al-I-EST:
ALETHA L. MUT
AlTACHMENT “Z”
(Cover Sheet)
The Master Plan revisions contained in Attachment “Z” cover only those portions of each Master Plan page upon which revisions are proposed. Those portions of each page of the
Master Plan which are not proposed for revision are not included in Attachment “Z” but shall remain as part of the amended Master Plan text.
’ .*
,
ATTACHMENT “Z”
June 5, 1991
CHNTERV-PlANNINGAREADEVELOPMENTSTANDARDS
PAGE 163 PRESENTLY READS AS:
PLANNING AREA 24: SINGLE FAMILY RESIDENTIAL
DESCRIPTION:
This 53.9 acre planning area located at the northwest entrance to the Master Plan area will
include small lot single family detached homes. The intersection of Poinsettia Lane and
Alga Road is located at the northwest comer of the planning area. A 150-foot wide public
utility corridor is located in the northwest portion of this neighborhood.
DEVELOPMENT STANDARDS: PD
All development in this planning area shall conform to the development standards of the
PD Ordinance (Carlsbad Municipal Code, Chapter 21.45090) unless otherwise noted in this
chapter.
USE ALLOCATION:
Maximum of 193 residential units (3.6 DWAC). Recreational facilities are required.
PERMITTED USES:
Single family detached residential units. Private recreation facilities are required in conjunction with the residential units.
Height:
The maximum height allowed in this planning area is 28 feet as defmed by Section 21.04.065 of the Carlsbad Municipal Code.
Lot Size:
The minimum lot size shall be 5,000 square feet. The minimum lot width shall be 50 feet,
except that lots which front on knuckles or c&de-sacs shall have a minimum frontage of
35 feet.
Setbacks: All dwelling units shall be setback a minimum of SO feet from the Alga Road right-of-way and 50 feet from the Poinsettia Lane right-of-way. The standard front yard setback shall be 20 feet. In order to provide a variety of front yard setbacks, a minimum of 60 units shall have 24foot setbacks. The distance between single story structures shall not be less than ten feet. The distance between two story structures shall not be less than twenty feet.
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The distance between one and two story structures shall not be less than fifteen feet. Rear
yard setbacks shalk be a minimum of 15 feet of usable area (slope does not exceed 10%).
Au dwelling units shall be located a minimum of 25 feet from the westerly planning area
boundary.
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AMENDED PAGE 163 SHALL READ AS:
PLANNING AREA 24: SINGLE FAMILY RESIDENTIAL
DESCRIPTION:
This W ~4.6 acre planning area located at the northwest entrance to the Master Plan
area will include SFAH-GG single family detached homes. The intersection of Poinsettia
Lane and Alga Road is located at the northwest comer of the planning area. A 150-foot
wide public utility corridor is located in the northwest portion of this neighborhood.
DEVELOPMENT STANDARDS: IQ R-1-7500
All development in this planning area shall conform to the development standards of the
R-l One Family Residential Zone described in Chapter 21 .lO of the Carlsbad Municipal . . Code Q , . . unless otherwise noted
in this chapter.
USE ALLOCATION:
Maximum of J-93 120 residential units (3;6 2.1 DU/AC). V
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PERMITI-ED USES: Single family detached residential units. Private recreation facilities are m . . . i also allowed but are not required.
SITE DEVELOPMENT STANDARDS:
Height:
The maximum height allowed in this planning area is 28 30 feet as measured to the peak
of the highest roof. At least 15% of the dwelling units shall be one story and shall not . exceed a height of 22 feet to the peak of the roof Q . .
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Lot size:
The minimum lot size shall be 5$W 7,500 square feet. The minimum lot width shall be
58 60 feet, exept that lots which front on knuckles or c&de-sacs shall have a minimum
frontage ,r pursuant to Chapter 20.16.016 of the Carlsbad Municipal Code. At
least 15% of a& lot shall be reserved for open space. This open space shall be located
in the rear yard and shall not exceed a gradient of 5%.
Setbacks:
All dwelling units shall be setback a minimum of 50 feet from the Alga Road right-of-way
and 50 feet from the Poinsettia Lane right-of-way. The standard front yard setback shall
be 20 feet. In order to provide a variety of front yard setbacks, a minimum of 68 36 units . shall have 24-foot setbacks. X
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Natural Slooes
(10 b0 DrttSctf’Jed)
Legend --
:4!E!iil Intry ttoatnmfit .
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c3
: WOIIIPWWlng
d
0 Tr*lI
@
sconre Point
$^
wow Oflontrtlon
Key Map
Design Criteria - Planning Area 24 Exhibit V-25
-164-
dwelling units shall be setback a minimum of 30 feet from the SDG&E easement. All
dwelling units shall be located a minimum of 25 feet from the westerly planning area
boundary.
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AMENDED PAGE 164 SHALL APYEAR AS* .
I (to ba
Legend
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G3 : WIII/PWtOlng
d
0 trail
Wow Ot#ortatlor
Key Map
Design Criteria - Planning Area 24 Exhibit V-25
-164.
PAGE 165 PRESENTLY READS AS:
Fencing:
If required as a result of a noise study, a noise attenuation structure shall be required
where residential lots are located adjacent to Alga Road and/or Poinsettia Lane. The structure may consist of a masonry wall, earthen berm or combination of the two. The
noise study shall be conducted prior to submittal of the Site Development Plan. If the
noise attenuation structure is not required in any of these areas, a decorative solid 6-foot
fence or wail shall be required. In either case a solid fence or wail shall begin at the
intersection of Poinsettia Land and the northerly Planning Area boundary and extend along
all portions of the northerly and easterly planning area boundaries where adjacent
development exists. In addition, a solid or open fence shall be required along the rear
yards ofall lots located adjacent to the natural open space on the north side of Alga Road.
Open fences shall extend along each side of the public utility corridor within the planning
area. These fences shall be uniform in design.
AMENDED PAGE 165 SHALL READ AS:
Fencing:
If required as a result of a noise study, a noise attenuation structure shall be required
where residential lots are located adjacent to Alga Road and/or Poinsettia Lane. The
structure may consist of a masonry wall, earthen berm or combination of the two. The
noise study shall be conducted prior to submittal of the site Development Plan for this
Planning Area. If the noise attenuation structure is not required in any of these areas, a
decorative solid 6-foot fence or wall shall be required. In either case a solid fence or wall
shall begin at the intersection of Poinsettia Lane and the northerly Planning Area boundary
and extend along all portions of the northerly and easterly planning area boundaries where
adjacent development exists. In addition, a solid or open fence shall be required along the
rear yards of all lots located adjacent to the natural open space on the north side of Alga
Road. Open fences shall extend along each side of the-public utility corridor within the
planning area. These walls and fences shall be kkr+k designed to incorporate
landscaped popouts/insets and other relief features.
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PAGE 166 PRESENTL YREADSAS:
Onen &ace:
All manufactured slopes shall be maintained as open space. The undeveloped area located
in the south-central portion of the planning area shall be maintained as natural open space. The public utility corridor shall be maintained as open space. Use of the public corridor
as a passive recreation area is encouraged. All open space areas described above shall be
maintained by the community open space maintenance district.
t AMENDED PAGE 166 SHALL READ AS:
Onen Snace:
All manufactured slopes shall be maintained as open space. The undeveloped areas located
in this e planning area shall be maintained as natural open
space. Use of the public utility corridor as a passive recreation areas is encouraged. All
open space areas described above shall be maintained by the community open space
maintenance district.
h I
-_of Carlsbad
July 23, 1991
San Diego County Assessor
5451 Avenida Encinas Suite G
Carlsbad CA 92008
Enclosed for your records, please find a copy of
the following Ordinance NS-1.61 adopted by the Carlsbad City
Council on July 16, 1991.
LEE RAUTENJIRANZ
CITY CLERK
LR:lw
Enclosure (1)
1200 Carlsbad Village Drive ,- Carlsbad, California 92008-l 989 - (619) 434-2808 60