HomeMy WebLinkAbout1992-03-10; City Council; 11589; Aviara Planning Area 26(N)g
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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%
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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
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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)
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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
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4. The project will preserve in open space the previously deed restricted and coastal
habitat areas. Al
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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.
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ABSENT: Commissioner Schramm.
ABSTAIN: None.
PC RESO NO. 3313
CARLSBAD PLANNING COMMISSION
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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
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X
x
x
X
X
X
X
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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.
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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
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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.
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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:
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Findins:
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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.
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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.
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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 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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Fire Conditions: A
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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.
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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.
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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
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