Loading...
HomeMy WebLinkAbout1992-03-10; City Council; 11589; Aviara Planning Area 26(N)g & a d 3 0 0 CIF,c)F CARLSBAD - AGENDP SILL APPROVAL OF A TENTATIVE TtiCT MAP AND - NEGATIVE DECLARATION TO INCLUDE 68 SPACE LOTS FOR AVIARA PLANNING AREA 26(N) RECOMMENDED ACTION: If Council concurs your action is adopt Resolution No. 9%78 approving the Negative Declaration and Tentative Map (CT 90-38). ITEM EXPLANATION The City Council at your meeting of March 3, 1992 directed our office to prepare documents approving the Negative Declaration and Tentative Subdivision Map CT 90-38. As determined by vote of the City Council, Condition No. 52 requiring the property owner to agree to participate in a drainage maintenance assessment district has been deleted. The appropriate resolution is attached. The Council should satisfy itself that the findings and conditions as recommended by the Planning Commission and as modified by the Council accurately reflect your intentions in the matter. EXHIBITS Resolution No. %-- 5% 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 '25 26 27 20 - RESOLUTION NO. 92-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A NEGATIVE DECLARATION AND TENTATIVE SUBDIVISION MAP (CT 90-38) FOR A 68 LOT SINGLE FAMILY RESIDENTIAL PROJECT ON 28.9 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE ALGA ROAD AND KESTRAL DRIVE INTERSECTION APPLICANT: AVIARA PLANNING AREA 26(N) CASE NO: CT 90-38 WHEREAS, on December 4, 1991 the Carlsbad Planning Commission held a duly noticed public hearing to consider a proposed Negative Declaration and Tentative Subdivision Map CT 90- 38 for a 68 lot single family residential project and adopted Resolutions Nos. 3313 and 3314 respectively, recommending to the City Council that the Negative Declaration and Tentative Subdivision Map CT 90-38 be approved; and WHEREAS, the City Council of the City of Carlsbad, on March 3, 1992 held a public hearing to consider the recommendations and heard all persons interested in or opposed to CT 90-38; and WHEREAS, a Negative Declaration was issued on August 1, 1991 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 of Carlsbad, California, as follows: c 1. That the above recitations are true and correct. 2. That the negative declaration on the above referenced project is approved and that the findings and conditions of the t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . Planning Commission contained in Resolution No. 3313 marked Exhibit A attached hereto are the findings and conditions of the City Council. 3. That the tentative subdivision map of this project (CT 90-38) is approved and that the findings and conditions of the Planning Commission contained in Resolution No. 3314 marked Exhibit B and attached hereto are the findings and conditions, with the exception of the deletion of Condition No. 52, of the City Council. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 10th day of March 1992) by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Stanton & Nygaard NOES: None ABSENT: None ATTEST: ALETBA L. (SEAL) 1 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 A A RESOLUTION OF THE PLANNING COMMISSION OF 'IWE CITY OF CARLSBAD, CALIFORNJA RECOMMENDING APPROVAL OF A NEGATIVE DECLARATION FOR .ATENTATtVETEUCT MAP FOR PLANNING AREA 26(N) OF THE AVUU MASTER PLAN. CASE NAME: AVLAMPLANNINGAREA26(N) \\ s WHEREAS, the Planning Commission did on the 4th day of December, 1991, hold a duly noticed public hearing as prescribed by law to consider said request, ad WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered alI factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: . A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public heating, the Planning Commission hereby recommends #IPPROV& of the Negative Declaration according to Exhibit “ND”, dated August 1, 1991, and “PII”, dated July 24, 1991, attached hereto and made a part hereof, based on the following findings: Findirutg: 1. The initial study shows that there is no substantial evidence that the project may have a significant impact on the environment. 2. The streets are adequate in size to handle traffic generated by the proposed project. 3. The proposed project site has already been reviewed under Master Plan EIR 83-2(A) and the Mitigated Negative Declaration for the Aviara Phase II Master Tentative Map (CT 89-37) and as designed, the project implements all recommended mitigation measures of said EIR 8%2(A), and Mitigated Negative Declaration. gl[HIBIT A - 4. The project will preserve in open space the previously deed restricted and coastal habitat areas. Al 1 2 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 3 Commission of the City of Carlsbad, California, held on the 4th day of December, 1991, 4 by the following vote, to wit: 5 AYES: Chairman Holmes, Commissioners: Schlehuber, Savary, Erwin, Noble 6 & Hall. 7 NOES: None. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ABSENT: Commissioner Schramm. ABSTAIN: None. PC RESO NO. 3313 CARLSBAD PLANNING COMMISSION -2. 27 II 28 NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: Planning Area 26 North within Phase [I of the Aviara Master Plan. Southside of Alga Road between Phase I and proposed Kestral Drive. PROJECT DESCRIPTION: A tentative map involving the grading and subdivision of a 28.9 acre site for 68 singie family homes on 7,500 square foot minimum lots. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of date of issuance. tf you have any questions, please call Eric Munoz in the Planning Department at 438-l 161, extension 4441. DATED: AUGUST 1,199l CASE NO: h 90-38 MICHAEL J. HOLZMhkER Planning Director APPLICANT: AVTARA LAND ASSOCIATES PUBLISH DATE: AUGUST 1, 1991 EMkIll 2075 Las Palmu Drive l Carlabad. CaIitornir 92OOQ-4869 * (619) 436-l 161 2 NOTXCZ OF COMPLETION Mali CO: stare Clrrrlnghous~, 1400 T - Street, Rm. 121, Sacramnto, CA 95614 . 91 j-2615 Projct Title: CT 90-s - Aviar8 PIeming Arcr 26 - North Lead AOWY: City of CRrlw Contact Person: Eric -2 Street Adress: 2On L$S Palnys Drive Phone: (619) &38-1161, Ext. (,&&I City: Carlrbsa tip: -92009 Comty: San Di-0 -.__----.-..__..____-.---.-....--.....---.-.-.-.--------.--.-----.-----.------.------...-.-.----- -----------..-__..._.--..-.-.. #QIECT mcma: county: San Dicao ,' City/Nearest Cmnmity: Carl&ad 0 i-:rs Streets: Al ga Poad 0 Kesfral Drive Total Acres: 28.9 Assessor's Percel No. w Section: Twp. Range: Base: Yithin 2 Mites: State nvy II: Interstate S Yeterueys: Betiauitos LIaoon/Pacific Ocean Airports: Pelcmor Rrilwys: AT&SF Schools: Car!sbad _.._.__...__..._.._.-...........-..-...-.......... ---......-............--...--.....---.....--.-...-....---.--...-----..--.____._ #IQLIEYT TVPE PM: YOP IYPA: NOI - Early Cons supP1amnt/sL&8rqwnt = EIR (Prior SCH No.) = EA OnEI : - Joint Documnr Fine1 Docunent - Other Draft EIS = Other - Draft EIR 1 FONSI _..__....~...~.......-..........-...-............-.... -......-......1..-*-....-........................~....~...~.~.~~~...~..~~- Lae*L AcTlQ fY# . Gmrel PLM Update - Cmrel Plan Amednmt Specific Plan -- Master Plan Rexono - Pretom Amexrtion = Generel Plen Elmnt - Plemed Unit Developwent z Site Plan -- Use Permit 1 Redevelapnent - Conmnity Plan Y Land Division (Subdivision, - Corstrl Permit - Percol Mep, frect Map, etc.) - Other .._.._..__.._....._...~..-....................-...-...-.~..-...-..................................---...-...-.......---~~~~~.~-~ DReLWNT TYPR X Residentirl: - Office: U8ter fecilities: Type z Ccmnercirl: ~-, Enploym z - Truuportrtion: MGD VP. EW~OY- - Mining: Mineral - Inbstrirl: sq. Ct. Acres .- Enploy- - Powr: - Y8ste lre*tsunt: Typr uatts - Educrtional Typ8 - Recrertional - nrrrrdous wste: = OtheC: Type . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..*..................~.............................................--...-...---- PROJECT 1-S Olcnlrzra II -1 . X Aesthetic/Visual - Agriculture1 L8nd flood Plrin/ftaading - Air Ouelity = Forest LuWFirr Hrr8rd - Schools/Upiwrri ties uater Owtity *tic Syrth - Arch8eologicrl/Mistoricrl - GeoLogic/Sdric = Sewer tap8city 1 Uat8r Supply/ troud u4t*r r(inr818 * 7 co~st8l ton8 - NOi & Soil EroaiaVCorprctiorVGreding U8tlafd/Riperien -Solid u8ste - Yildlife - Drrina@o/Ab8orption = Ecammic/Jc& - Populrtim/Ilousing I8lanco = Toaic/n8r8rdou8 = P&lie Sowicn/fuilitia - tr8ffic/Clrcul8tlan = Grouth Inh*ing -Len&m - Fiscrl ~Rocrution/P8rks - vegwrtion Cllulrtive Effect 1 Other . .._..................................................................................... . . . . . . . . . . . . . . . . . . . . . . ..-...--...-.---. Pruubt Ld Un/Zai~ 1 Plrnun Currently v8cnc \rd rithin the Avl8rr *rrtrr Plm. zoning is P\8m8d Cammity (PC) md the G8n8r81 Pln bri8Mtim iS Residenti8L Lou kdlu (RW vkich rllovr single trily rridrrur. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..--...... Pfojrt 08urlptim A mt8tiW mp involving the grading md aivirim of l 28.0 acre aite for 68 ring10 frily hmm an 7,500 sm8re foot minim lots. IIOTE: Clrrringhouu will uriqr ibntitic8tim nslkrr for 811 ma prOj8Ct8. If 8 sew nrrkr rlr* 8Xi8tS for 8 project cr.9 from 8 wotico of Prrprrrtfm or prwiow dfrft dowrnt) ploan fill it in. Revised Octcber 198' EW:Vd ENVIRONMENTAL IMPACI ASSESSMENT FORM - PART [I (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. CT 90-38 DATE: .J’ULY 24. 1991 BACKGROUND 1. CASE NAME> AVIAfU PA 26 NORTH 2. APPLICANT: AVIAR4 LAND ASSOCIATES 3. ADDRESS AND PHONE NUMBER OF APPLICANT: PAUL KLUKAS - CONTACT 2011 Palomar Airport Road. Suite 206 Carlsbad. CA 92009 4. DATE EIA FORM PART I SUBMITTED: DECEMBER 11. 1990 5. PROJECT DESCRIPTION: ( fl sire for 68 sin le famil homes on 7 STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conducr an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist 8 identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report or Negative Declaration. A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. On the checklist, “NO” will be checked to indicate this determination. An EIR must be prepared if the City determines that there is substantial evidence that any aspect of the project may cause a significant 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 insimificant. These findings are shown in the checklist under the headings ‘YES-s&” and ‘YES-in@’ respectively. A discussion of potential impacts and the proposed mitigation measures appeats at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION . Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: 1. Result in unstable earth conditions or increase the exposure of people or property to geologic hazards? ,’ 2. Appreciably change the topography or any unique physical features? x x x 3. Result in or be affected by erosion of soils either on or off the site? 4. Result in changes in the deposition of beach sands, or modification of the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? 5. Result in substantial adverse effects on ambient air quality? 6. Result in substantial changes in air movement, odor, moisture, or temperature? 7. Substantially change the course or flow of water (marine, fresh or flood waters)? 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 amounts of fud or energy? 11. Alter a significant archeological, paleontological or historical site, structure or object? NO A .- X x x X X X X -2- dIOLOGICAL ENVIRONMENT WILL THE PROPOSAL DUIECTLY OR INDIRECTLY: YES YES bigI (ins& 12. 13. 14. 1s. 16. Affect the diversity of species, habitat or numbers of any species of plants (including trees, shrubs, grass, microflora and aquatic plants)? Introduce new species of plants into an area, or a barrier to the normal replenishment of existing species? Reduce the amount of acreage of any agricultural crop or affect prime, unique or other farmland of state or local importance? Affect the diversity of species, habitat or numbers of any species of animals (birds, land animals, all water dwelling organisms and insects? Introduce new species of animals into an area, or result in a barrier to the migration or movement of animals? HUMANENVIRONMENT VVU THE PROPOSAL DIRECTLY OR INDIRECTLY: 17. Alter the present or planned land use of an area? 18. Substantially affect public utjlities, schools, police, fire, emergency or other public services? E? (inrir) A NO e x Y L X x x NO HUMANENVIRONMENT WILLTHE PROPOSALDIRECTtYORINDIRECTLY: 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. Result in the need for new or modified sewer systems, solid waste or hazardous waste control syst,ems? I’ increase existing noise levels? Produce new light or glare? Involve a significant risk .of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation)? Substantially alter the density of the human population of an area? Affect existing housing, or create a demand for additional housing? Generate substantial additional traffic? Affect existing parking facilities, or create a large demand for new parking? Impact existing transportation systems or alter present patterns of circulation or movement of people and/or goods? Alter waterborne, rail or air trafk? Increase traffk hazards to motor vehicles, bicyclists or pedestrians? Interfere with -rcsponscPhor emergency evacuation plans? Obstruct any scenic vista or create an aesthetically offensive public view? Affect the quality or ‘quantity of existing recreational oppommkies? YES YES big) NO (Inslg) x X x x x X x x X X X X X X .~ MANDATORY FINDINGS OF SIGNIFICANT WILL THE PROPOSAL DIRECTLY OR INDUECRY: 33. 34. 35. 36. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitar 06 a fish or wild- ’ life species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or en- dangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. Does the project have the potential to achieve short-term, to the dis- advantage of long-term, environmental goals? (A short-tetm impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) Does the project have the possible environmental effects which are in- dividually limited but cumulatively considerable? (“Cumulatively con- siderable” means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) Does the project hwe environmental effects which will ause substantial adverse effects on human beings, either directly or indirectly? NO A x x X X DISCUSSION OF ENVIRONMENT& . YALUATION The proposed project blVOhS the finish grading (4,100 cubic yUdS) of a previously ma&aded site, construction of residential streets, drainage and other tistmcture, and tentative subdivision of plating Area 26(N) of Aviara Phase II. The tentative map includes 68 single family residential lots on minimum 7,500 sq. ft. lot areas. Four open space lots are also proposed over the 28.9 acre site. The area proposed for finish grading has been previously graded per subdivision map CT 89.37. ~~ encroachment into previousb designated open space areas are proposed by the project. [t is located in an area anticipated for residenrial development per the City’s General Plan, and the Local Coastal Program for the affected area. For this environmental analysis, staff conducted several field trips to the subject property and reviewed the Pacific Rim Country Club and Resort Master Plan Environmental Impact Report (EIR 83-2(A)) and the Mitigated Negative Declaration for Aviara Phase II Master Tentative Map which already covered this properry. [n that: (1) the proposed project site has already been reviewed under the Master Plan EIR 83-2(A) and the Mitigated Negative Declaration for Aviara Phase II (CT 89.37), (2) as designed, the project implements all recommended mitigation measures of EIR 83-2(A) and the Phase 11 Mitigated Negative Declaration, and (3) the project will preserve impacts are anticipated. 1. 2. 3. 4. 5. 6. in open space the previously deed restricted coastal habitat areas, no environmental The project is a previously graded site containing no unstable eti conditions as discussed in the Soils Report for CT 89-37. Relatively minor topographic changes will result from the project. The site acreage is 28.9 acres, 8lOi0 of which is developable (23.5 acres). Only 4,100 cubic yards of balanced earthwork are proposed. This equates to approximately 142 cu/yds of soil movement per gross acre. Such minor topographic changes are not considered to be significant. Drainage and erosion control facilities will be incorporated into the project to adequately reduce potential soil erosion impacts. A downstream permanent desiltation basin has been constructed in Planning Area 28. Potential erosion impacts to Batiquitos Lagoon will be adequately mitigated as discussed in response #3 above. Construction emission and minor fugitive dust generation impacts associated with project grading are considered short term and insignifkant. Dust generation can be adquately 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 quality impacts will require that dependence upon the automobile be reduced regionally and statewide. In that no structural development is proposed at this time, impacts to air movement ake not anticipated. Air quality impacts from dust generation can be adquately controlled through watering operations during project grading. D[SCUSSION , EVALUATION co&d 7. 8. 9. 10. 11. 12. 13. 14. is. 16. This project will not change the COurSe or flOW of water as no streams are located in the ~ediat~.Area and all drainage waters will be handled by proposed drainage facilities. Development of this project (tentative map grading and road construction) wi,ll create impervious surfaces which would reduce absorption rates and incrementally increase runoff velocities. However, to accommodare this increased runoff, drainage facilities wilI be incorporated into this projecr and future residential deyelopment upon the site, thereby mitigating this concern. . No inordinate depletion of any natural resources is anticipated by the subdivision, grading, and construction of infrastructure proposed by this project. No significant impact as discussed in #9 above. A thorough archaeological testing of the area was conducted in 1987 as part of EIR 83-2(A). NO prehistorically or historically signikant sites were discovered within the project area. An archaeologist and a paleontological expert will be present during the Phase II mass grading to monitor operations in an effort to preserve any uncovered objects. Surface disturbance and grading for the project will not encroach into any native habitat area and will not affect the onsite coastal deed restricted biological areas. No impacts to the above mentioned coastal deed restricted areas are anticipated in that project landscaping proposed adjacent to this habitat shall be required to be compatible and non-invasive. As stipulated in the Master Plan, the conversion of agricultural lands shall be petmitted upon payment of agricultural conversion fees. In accordance, the project applicant has already paid to the Stare Coastal Conservancy agricultural mitigation fees required for the development of the project site. AS discussed in #I2 above, the previously deed restricted coastal sage habitat will be maintained in open space. Accordingly, no significant impacts to habitat or species are anticipated. No new animal species or migration barrier will occur as a r&h of the project, as further discussed in #12 above. Human Environment 17. Development of this project will be consistent with the General Plan, Master Plan 177 and the Mello I LCP. The land uses proposed ti be internally compatible as well as being compatible with adjacent uses. . 18. As discussed in the Zone 19 Local Facilities Managanent Plan, with the payment of all fees and the implementation of all improvement conditions (i.e. upgrading of the Batiquitos sewer pump station, construction of Alga Road and Batiquitos Drive), all public facilities and xryices will be available to meet the demands of the future development of 68 single family residences proposed on the project site. No adverse impacts should result. DISCUSSION OF ENVIRONMENTAL EVAJUATION co&d 19. Although this Tentative Map dm not propose any actual residential development, aq~ subseqfent dwelling unit construction onsite shall not be permitted until the Batiquitos Sewer Pump Station is upgraded. 20. Construction of the project (grading and road development) may result in minor short term insignificant construction noise impacts upon surrounding existing and proposed residences. Otherwise, the future residential uses on ch’e subject property will be acoustically compatible with summd~g &sting and future residential uses. A noise study was completed to assess the potential noise impacts from Alga Road. The report concluded that exterior noise mitigation may only be required if second story balconies face Alga Road. It also specified which lots of the proposed subdivision would require mechanical ventilation if second story structures were built. A detailed noise study will be cornpieced during the required discretionary review of any proposed development. 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 significant risk of an explosion or the release of hazardous substances. 23. The proposed density of the project results in 2.35 du/ac. This is in compliance with the Master Plan’s anticipated 2.35 du/ac. 24. 25. The project will provide additional housing units to meet existing demand. A total of 680 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. 26. 27. The demand for parking facilities created by this project will be satisfied onsite. Two garage spaces will be provided for each unit and adequate on street guest parking will be provided throughout the project. The additional 680 ADT generated by the project will be accommodated by the existing and Planned circulation network. This minor increase in trafIic is not considered sign&ant. 28. 29. 30. 31. The project site is outside of the Airport Influence Area for Palomar Airport. The project, as designed, will not cause conflicts at its intersections with Alga Road. The project will not interfere with emergency response plans. Manufactured slopes created through the already approved Phase II &ass grading (which includes this site) will be fulIy landscaped consistent with approved plans. Otherwise, the finish grading (4,100 cubic yards) of the subject property would not result In a visual impact. 32. The project wilt have no effect on existing recreational OpportunitieS. ANALYSIS 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, fJ altemate”sites for the proposed, and g> no project alternative. a> b) cl d) d f) s) The project scale, 68 residential lots, is not of a size where phased development would be beneficial. The project has been designed consistent with the Aviara Master Plan and all City ordinances. ti open space areas are avoided. The project is designed at slighrly less scale (density) than allowed by the Master Plan for the area. The project is in conformance with the City’s General Plan and the Master Plan. Alternate uses would require amendment of these documents. The proposed project involves subdivision and grading of the site only. Development of the site will occur only if facilities are guaranteed. The proposed project is the environmentally preferred project for the site. The “no project” alternative is not in conformance with the General Plan/Master Plan designation for the sire, therefore, it is not environmentally preferable. -9- / -- , DETERMINATION (To Be Completed By The Planning Department) On the basis of this initial evaluation: 1 x I End the proposed project COULD NOT have a significant effect on the environment, and a NECATRT DECLARATION will be prepared. - [ find that the proposed project COULD NOT have a significant effect on the environment, because the environmental effectk of the proposed project have already been considered in conjtmction with * previously cenified environmenral documents and no additional environmental review is required. Therefore, a Notice of Determination has been prepared. - I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A Conditional Negative Declaration will be proposed. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Date Signature ENM:b LIST MIT1 GATING MEASURES (IF APPLICABLE1 A’TTACH MITIGATION MONITORING PROGRAM (IF APmm -100 c APPLICANT CONCURRENCE WITH MITIGATINGMEASURES THIS[STOCERTIWTHATtHAVE REVIEWED THEABOVEMITIGATINGMEASURES ANDCONCUR~ITHTHE~D[T~ONOFTHESEMEASURESTOTHEPROJECT. Date Signature ENM.klll 4 5 6 7 8 9 10 11 12 13 PLANNING COMMISSION ~Wl-ION NO. 3314 A RESOLUTION OF THE PLANNING COMMISSION OF THE Ct’TY OF CARLSBAD, CALIFORNIA, RECOMMENDtNG APPROVAL OF A TENTATIVE TRACI’ MAP FOR AVIARA PLANNING AREA 26(N) ON PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE ALGA ROAD/KESTRAL DRIVE INTERSECTION. CASE NAME: AVIAU PLANNING AREA 26(N) E NO . . 90-38 WHEREAS, a verified application for certain property to wit: Portion of Section 27, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego 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 14 WHEREAS, the Planning Commission did, on the 4th day of December, 1991, 15 hold a duly noticed public hearing as prescribed by law to consider said request; and 16 WHEREAS, at said public hearing, upon hearing and considering all testimony 17 and arguments, if any, of all persons desiring to be heard, said Commission considered all l8 I factors relating to the Tentative Tract Map. 19 20 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission 21 as foIlows: 22 A) That the above recitations are true and correct. 23 24 25 W That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of CT 90-38, based on the following findings and subject to the following conditions: . . . . 26 . . . . 27 28 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 Findins: 1. 2. 3. 4. 5. 6. 7. 8. 9. The project is consistent with the City’s General Plan and ~~-177 since the proposed density of 2.35 du’s/acre is within the density range of 04 du’s/acre specified for the site as indicated on the Land Use Element of the General Plan, and is at or below the growth control point of 3.2. , The site is physically suitable for the type and density of the development permitted through Master Plan 177. 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 fmal 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. School fees will be paid to ensure the availability of school facilities in the Carlsbad School District. Park-in-lieu fees are required as a condition of approval. All necessary public improvements have been provided or will be required as conditions of approval. The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for single family residential development or open space on the General Plan. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on August 1, 1991 and RECOMMENDED FOR APPROVAL by the Planning Commission on December 4, 1991. In recommending approval of this Negative Declaration the Planning Commission has considered the initial study, the staff analysis, all required mitigation measures and any written comments received regarding the significant effects this project could have on the environment. PC RESO NO. 3314 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. 11. 12. 13. 14. 15. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project is consistent with the City’s Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 19. As discussed in the staff report, the grading for CT 90-38 substantially complies with the mass grading approved on the Aviara Phase II Master Tentative Map (CT 89-37). The Tentative Tract Map, CT 90-38, satisfies all requirements of Title 21, the Subdivision Ordinance and the State Map Act. As discussed in the staff report, the design of CT 90-38 is consistent with the intent of Master Plan 177. The project CT 90-38, is in compliance with the underlying Mello I and East Batiquitos Lagoon Local Coastal Programs. Conditions: 1. Approval is granted for CT 90-38, as shown on Exhibits “A’‘-“I”, dated December 4, 1991, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. 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 shaJl be submitted to the City Engineer prior to building, grading or improvement plan submittal, whichever occurs first. 3. A 500’ scale mylar map of the subdivision shall be submitted to the Planning Director prior to the recordation of the Enal map. Said map shall show all lots and streets within and adjacent to the project. 4. This project is approved upon the express condition that the final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is available to serve the subdivision. PC RESO NO. 3314 -3- 1 2 3 4 0 5 6 7 8 9 10 I.1 12 * 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. 9. 10. 11. 12. This project is also approved under the express condition that the applicant pay the public facilities fee adopted by the City Council on July 28, 1987 and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or facilities and improvement plan and to fulfill the subdivide& agreement to pay the public facilities fee dated December 3, 1990, a copy of which is on file with the City Clerk and is incorporared 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 Carl&ad 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. The applicant shall annex the Aviara Planning Area 26(N) open space areas into the Aviaxa Master homeowner% association concurren t with the recordation of the final -Pm PC PESO NO. 3314 4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. The applicant shall prepare a detailed landscape and irrigation plan whkh 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. 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 in conformance with the Phase 11 Master Tentative Map (CT 89-37) Tree Preservation Plan. Those trees which are approved for removal shall be replaced as required by the Phase II Tree Preservation Plan. No tree removal shall occur prior to written approval of the tree removal program by the Planning Director. 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 shall be prepared to conform with the Landscape Guidelines Manual and submitted per the landscape plan check procedures on file in the Planning Department. Landscape plans shall be designed to minimize water use. Lawn and other Zone 1 plants (see Landscape Guidelines Manual) shall be limited to areas of special visual importance or high use. Mulches shall be used and irrigation equipment and design shall promote water conservation. All herbicides shall be applied by applicators licensed by the State of California. The applicant shah pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 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. Prior to Bnal map approval for m 90-38, the project applicant or their swcesw in interest shall enter into an agreement with the City to provide the Aviara Master ~lan's proportional share of the city% total obligation for V~IY low, low and moderate income housing units. PC RESO NO. 3314 -5 1 2 3 4 5 6 7 E 5 1C 11 12 1: 14 1: U 1’; ll 1s 2( 23 2: 2: 21 2! 2t 2’: 2I 24. 25. 26. 27. 28. 29. 30. 31. This project is approved subject to the condition that a Site Development Plan mkt be approved by the City, prior to the issuance of any residential building permits, within this subdivision. The Site Development Plan must: Assess noise impacts to the proposed stxuctures along Alga Road, ensure compliance with master plan development standardsand consistency with Master Plan objectives. The applicant shall establish a homeowner% association a& correspon&.ng covenants, conditions and restrictions. Said CC&R’s shah be submitted ‘to and approved by the Planning Director prior to final map approval. The CC&R’s shall include provisions specifying Master homeowners association or PA 26(N) 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+ street name policy subject to the Planning Director% approval prior to final map approval. This project is approved subject to the condition that all project landscaping proposed on Exhibits “E’‘-“I”, dated December 4, 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 aircmft operating from McClellan-Palomar Airport in a manner meeting the approval of the Planning Director and the City Attorney. The applicant shall post &craft 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 the issuance of a grading permit or the recordation of the fInal map, the project applicant shall 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 Pkukg Department for review prior to the issuance of a grading permit. Prior to fmal map approval or the issuance of a gxading permit for CT 90-38, the Aviara Phase II Tentative Map (CT 89-37) must be recorded as a final map This project curren tly shows no retaining walls. This project is approved subject to the condition that no retaining walls greater than 2 feet in height within the front or sideyard setback areas shah be permitted, unless specifically approved by the Planning co mmission during subsequent Site Development Plan review. PC RESO NO. 3314 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 32. This project is approved subject to the condition that grading proposed as pa.! of any future Site Development Plan over the subject property shall be in substantial conformance with the grading approved through this tentative map. Entieerinn Conditions: 33. This project is located within the Mello I and Past Batiquitos Local Co&ml Plans. All development design shall comply with the requirements of that plan 34. Unless a standard variance has been issued, no variance from City Standards is authorized by virtue of approval of this tentative map. 35. This subdivision is approved specifically approving: A. Rockrose Terrace south of “A” Street to be developed as a “hillside street” with a 32 ft. wide curb to curb section within a 46 ft. wide easement for street purposes. 36. 8. “A” Street at the intersection of Kestrel Drive providing a 37 ft. tangent. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. 37. The developer shall be responsible for coordination with S.D.G.&E., Pacific Telephone, and Cable TV authorities. 38. Prior to final map approval, the tract map for CT 89-37 must he recorded and the mass grading for CT 89-37, Lot 4, shaJl be complete and finaled to the satisfaction of the City Engineer. 39. 40. 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 attach, set aside, void or null an approval of the City, the Planning Commissi on or City Engineer which has been brought against the City within the time period provided by Section 66499.37 of the Subdivision Map Act. Approval of this tentative tract map shall expire twenty-four (24) months from the date of City Council approval unless a ikal map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied at the discretion of the City Council. In approving an extension, the City Council may impose new conditions and may revise existing conditions pursuant to Section 20.12.110(a)(2) Carlsbad Municipal Code. PC RESO NO. 3314 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 41. 42. 43. 44. 45. 46. Prior to approval of the final map the developer shall enter into an agreement with the City to pay any drainage area fees established as a result of the forthcoming Master Drainage Plan Update. The 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 & if the applicant has executed special Assessment District Pass-through Authorization Agreement. Said Agreement contains provisions regarding notice to potential buyer of the amount of the assessment and any 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 in full bv the ar&icant mior to anv subdivision of the land. As required by state law, prior to the recordation of a !hal 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 hal map. In the event a segregation of assessments is not recorded and property is subdivided, the fkll amount of assessment will appear on the tax bills of M new lot. Based on a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit is required for this project. Prior to approval of a final map the applicant shall submit and receive approval for grading plans in accordance with City Codes and standards. Prior to issuing a building permit a grading permit shall be obtained and grading be completed in accordance with approved grading plans. No grading shall occur outside the limits of the subdivision unless a grading or slope easement is obtained from the owners of the affected properties. If the developer is unable to obtain the grading or slope easement, he must either amend the tentative map or change the slope so grading will not occur outside the project site in a manner which substantially conforms to the approved tentative map as determined by the City Engineer and Planning Director. The developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shah be provided in accordance with the Carlsbad Municipal Code and the City Engineer. Reference Chap 11 .O6. PC RESO NO. 3314 -8- 1 2 3 4 e 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ‘26 27 28 47. 48. 49. 50. 51. 52. 53. 54. Additional drainage easements may be required. Dxainage structures &all be provided or installed prior to the issuance of grading or building permit as may be required by the City Engineer. The developer shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown ont he 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. 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. Full public street improvements for Street A, Rockrose Terrace, Bullrush Terrace and Cattail Place. Ei. Public storm drain and sewer facilities. Improvements listed above shall be constructed within 18 months of final map approval and/or improvement plan approval, whichever occurs first. 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. Prior to approval of the final map the property owner shall agree to participate in a drainage maintenance asesment~dishict. The mechankm for such agreement shall be to the satisfaction of the City Engineer and the Utilities and Maintenance Director. All open space lots (Lots 69,70, and 71) shall he owned in fee and maintained by the Aviara Master Association. tincurrent with final map recordation, all lots with sight distance corridors shall record a “Notice of Restriction on Real Prom for rest.ricting height Of landscaping and structures to 30” above the street. PC RESO NO. 3314 ;9- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 55. Any encroachment through 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 Co mmission. A note to this e&t shall appear on the final grading plan. 56. Prior to the commencement of any grading activities, the develiqer 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 final grading plans. The existing fencing on the Phase II Master Tentative Map conforms with this condition. 57. Prior to issuing a building permit on any lot in this subdivision a Site Development Plan shall be approved by the Planning Commission. No building permit for any retaining walls, will be issued without specific approval on the Site Development Plan. A note to this effect shall be placed on the final map. 58. The developer shall record an open space easement to be maintained by the Aviara Master Association, on the slopes adjacent to open space lots 69 and 70 in Lots 23 through 34 and 36 through 47. 59. Direct access rights for all lots abutting Alga Road, Kestral Drive and “A” Street shah be waived on the final map. 60. Prior to final map approval the owner shall execute a Hold Harmless Agreement for geologic failure. 61. The developer shall place the following note on 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. 62. The entire subdivision shall be graded concurren t with the first phase/unit of the development. 63. Concurrent with the first phase/unit of the development which has frontage on Rockrose Terrace, public improvements to all of Rockrwe Terrace and any required storm draias and sewer systems shall be constructed to the satisfaction of the City Engineer and the Planning Director. PC RESO NO. 3314 -lO- 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 Fire Conditions: A 64. 65. 66. 67. 68. 69. Additional on-site public hydrants are required. An all-weather access road shall serve the project during construction. Allrequired fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. Brush clearance shall be maintained according to the specifications contained in the City of Carlsbad Landscape Manual. Applicant shall provide brush clearance plan to the Fire Department for approval. Plans and/or specifications for 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. Prior to submittal of water improvement plans, the applicant shall submit to the Fire Department a map, showing the street network, conforming to the following criteria: * 400’ scale * Photo reduction on mylar * At least two existing streets and/or intersections shall be referenced on the map (not a separate vicinity map) * Maps shall include the following information: Street centerlines Street names Fire hydrant locations Carlsbad Mu&id Water District: 70. The entire potable and non-potable water systems for subject project shah be evaluated in detail to ensure that adequate capacity and pressure for domestic, non- potable and fire flow demands are met. 71. The Developeis Engineer shah schedule a meeting first with the City Fire Marshal and then with the District Engineer to review the preliminary water system layout prior to preparation of the water system improvement plans. 72. 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. The Developer shall pay a San Diego County Water Authority capacity charge which will be collected at issuance of application or meter installation. PC RESO NO. 3314 -ll- 1 2 3 4 73. This project is approved upon the express condition that building permits will~ot be issued for development of the subject property unless the water district q-mg the development determines that adequate water and service is available at the time of application for water service and will continue to be available until time of ~cupancy* PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 5 Commission of the City of Carlsbad, California, held on the 4th day of December, 1991, 6 by the following vote, to wit: 7 AYES: Chairman Holmes, Commissioners: Schlehuber, Savary, Erwin, Noble 8 BE Hall. 9 NOES: None. 10 ABSENT: Commissioner Schramm. 11 -- -- --“-’ ABSTAIN: 12 13 14 15 None* !(J ? .I ! 1 p ! / 2’: I’ :; ‘.. 5: .a ’ ,: ; ‘. .” ji ;i: ‘.j t. .-,,_ P-p/; yJ--\ _I .-ST. ‘\./ l * &/ ROBERT HOLMES, Chairperson CARLSBAD PLANNING COMMISSION 16 17 18 19 21 22 23 24 25 26 /I PC Ms0 NO. 3314 27 II 28 -12-