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HomeMy WebLinkAbout1996-01-23; City Council; 13483; Aviara Planning Area 5.,~rm _I v: /3. -%v? Cl”” OF CARLSBAD - AG,-bFA B,L~‘@‘j;f” “c,: :’ ; do DEPT. HD: @+ - r -- \B #-+f++ TITLE: REQUEST FOR AN EXTENSION ATG. l-23-96 OF TIME FOR THE TENTATIVE MAP FOR IEPT. ENG CARLSBAD TRACT CT 90-9 AVIARA PIANNING AREA 5 IECOMMENDED ACTION: Adopt Resolution No. 9 6 -30 granting a one year extension of time for Carlsbad Tract 90-9, Aviara Planning Area 5. ITEM MPLANATION: Aviara Land Associates have requested an extension of time for Carlsbad Tract 90-9, Aviara PA 5, a 147 unit condominium project. The project is located in Local Facilities Management Zone 19, south of Alga Road approximately one mile west of El Camino Real. The tentative map was originally approved on December 4, 1990 in accordance with City Council Resolution No. 90-416. The approval was for the standard two years, making the expiration date of the tentative map December 4,1992. Subsequently, a one year extension of time was granted, until December 4, 1993, by City Council Resolution No. 93-127. On September 13, 1993, the State of California by SB 428 granted a one time extension of two years for all active tentative maps. This was two years in addition to any time left for the maps. Therefore, the current date of expiration is December 4, 1995. Currently, a tentative map revision is being processed and a developer is proposing to construct this project with detached condominium units. Staff supports this proposal and is recommending approval. Since a revision of a tentative map does not change the time until a final map must be recorded, an extension of time is needed and staff recommends that the request for an extension of time be granted. A condition requiring detailed alignment, landscaping and irrigation for a trail segment in this planning area has been added. As now conditioned, the project conforms with the General Plan, current City ordinances and standards. An Agreement for Waiver of Prohibition Against the Imposition of New Conditions has been signed by the applicant and is on file in the Engineering Department. FISCAL IMPACT: No detailed economic analysis of this development was conducted. While increased operating expenses related to this development can be expected, these increases should be offset by increased taxes and fee revenues; however, an exact percentage was not calculated. EXHIBITS: 1. Location map. 2. Resolution No. 96 -30 granting an extension of time for Carlsbad Tract 90-09, Aviara Planning Area 5. 3. Application requesting extension. 4. A packet for reference, containing: a. City Council Resolution No. 93-127 granting a one year extension and attaching additional conditions. b. City Council Resolution No. 90-416 granting the original approval. c. Planning Commission Resolution No. 3101 recommending approval of the original project containing the original conditions of approval. P PROJECT NAME PROJECT EXHIBIT AVIARA PLANNING AREA 5 NUMBER CT90-09x2 7 whl !=I”. CPOTT FlldhlC 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 RESOLUTION NO. 96-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CAUFORNIA, APPROVING AN EXTENSION OF TIME FOR TENTATIVE MAP CT 90-09. AVIARA PLANNING AREA 5. WHEREAS, the City Council of the City of Carlsbad on December 4, 1990 adopted Resolution No. 90-416 approving Tentative Map No. CT 90-09; and WHEREAS, the City Council of Carlsbad on May 4,1993, adopted Resolution No. 93-127 granting a one-year extension for Tentative Map 90-09; and WHEREAS, the State of California on September 13, 1993 approved SB 428 extending the time for all active tentative maps for an additional period of two years; and WHEREAS, Tentative Map CT 90-09 would now expire December 4,1995; and WHEREAS, the project can be found to be in conformance with the General Plan, current ’ City ordinances and current Cii policies with the imposition of the existing conditions and conditions added herewith: and WHEREAS, both the applicant and the City wish to extend the map subject to and relying upon these conditions of approval. NOW, THEREFORE, BE IT RESOLVED by the Ci Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That with the conditions of approval now existing and contained herein, the design and improvements of the subdivision are consistent with the General Plan, Tiles 20 and 21 of the City of Carl&ad Municipal Codes, and any public facility or development policies in existence at this time. ill Ill Ill I// 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 c 3. That Tentative Map 90-09 is hereby extended for one year until October 21, 1996, subject to all of the conditions contained in Council Resolution Nos. 90-416 and 93-l 27 and the following additional condition: Prior to approval of a final map, a detailed landscape plan, consistent with the City’s Landscape Manual, shall be approved by the Planning Director. This plan shall show, in detail, the alignment, landscaping and irrigation proposed for the master plan trail segment located in the SDG&E powerline easement area. 4. That this extension is approved in reliance upon the existing conditions of approval. Any legal challenge or failure to perform the conditions of this and the above resolutions shall render this approval void and the map shall not be final. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carl&ad City Council held on the 23rd day of JANUARY , 1996 by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None Al-TEST: ALETHA L RAUTE ww - CITY OF CARLSBAD Exhibit 3 ENGINEERING DEPARTMENT Tentative Map Extension Application II Proiect Id: CT 90-09 Proj, !ct Name: AVIARA PLANNING AREA 5 1 ~~~o~ s&J Of ALGA git.?et NameBetween BAT1~~~~ TcK ‘yt:e 1 THE PROJECT PROPOSES 147 MULTI-FAMILY UNITS ON APPROXIMATELY 24.1 ACRES IN THE AVIARA MASTER PLANNED COMMUNITY. II I APPLICANT OWNER /I Name:.wL. Clemens Company No.: AVIARA LAND ASSOCIATES, L.P. Address:- 2011 PALOMAR AIRPORT ROAD, # 206 II City, State, Zip Code: CARkSBADs CA* g200g /\ I Name: AVIARA LAND ASSOCIATES, L.P. Ad&w: 2011 PALOMAR AIRPORT ROAD, # 206 City, State, Zip Code: CARLSBAD, CA. 92009 Phone Number: (619)931-1190 \r II Current Expiration Date: 12/4/95 Facility Zone: 19 1 APN: 215-592-12 through 15 1 Acreage: 24.1 II I ., II $,ubdivisionTvpe: MULTI-FAMILY RESID. Number of Lots: 14 No. of D/U’s: 147 For City Use On& DATE STAMP RECEIVED P:‘.DOCSWISFORMSiFRMOOO73 - 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 RESOLUTlON NO. 93-127 A RESOLLITlON OF THE CRY CGUNCIL OF THE CRY OF CARLSBAD, CAUFORNIAAPPROVING AN EXTENSION OF TIME FORTENTATlVE MAP NO. CT 90-09/AVIARA PLANNING AREA 5 WHEREAS, the City Council of the City of Carlsbad on, December 4, 1990, adopted Resolution No. 90-416 approving with conditions Tentative Map No. CT 90-09; and WHEREAS, Tentative Map No. CT 90-09 would have expired as of December 4, 1992; and WHEREAS, the applicant is diligently pursuing those acts required to obtain a final map; and WHEREAS, the project can be found to be in conformance with the General Plan, current City ordinances and current City policies with the imposition of additional conditions; and , WHEREAS, the applicant has consented to the imposition of such conditions and has agreed to compfy with them; and WHEREAS, both the applicant and the City wish to extend the map subject to and relying upon the additional conditions. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. That the above recitations are true and correct. 2. That wlth additional conditions contained herein the design and improvements of the subdivision are consistent with the General Plan, Titles 20 and 21 of the City of Carlsbad Municipal Code, and any public facility or development policies in existence at this time. 3. That Tentative Map No. CT 90-09 is hereby extended for one year until December 4,1993, subject to all of the conditions contained in Council Resolution No. 90-416 adopted on December 4, 1996 and the following additional conditions: EXHIBIT 4 b 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 A. 8. C. 0. E. F. G. The following statements shall be included in the CC&R’s: - The applicant shall defend, indemnify and hold harmless the City and its agents, officers, and employees from any claim, action or proceeding against the City or its agents, officers, or employees to attack, set aside, void o: null an approval of the City, the Planning Commission or City Engineer which has been brought against the City within the time period provided by Section 66499.37 of the Subdivision Map Act. The applicant shall comply with the requirements of the National Pollutant Discharge Elimination Systems (NPDES) permit. The applicant shall provide best management practices to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be approved by the City Engineer prior to approval of the final map, issuance of grading or building permit, whichever occurs first. The applicant shall pay the current local drainage area fee prior to approval of the final map for this project or shall construct drainage systems in conformance with Master Drainage Plan and City of Carlsbad Standards as required by the Cl Engineer. Prior to final map approval the applicant shall pay all current fees and deposits required. Prior to recordation of the final map, the project applicant or their successor in interest shall guarantee the provision of their proportional share of the city’s total obligation for very low, low and moderate income housing units as specified in the approved Aviara Master Plan Agreement for lnclusionary Housing in place at the time of final map recordation. Prior to final map submittal the following two changes shall be made to the substantial conformance exhibit: i. Remove from the Substantial Conformance Exhibit the,aggregate base that is shown below the PCC sidewalk, on the typical street sections. ii. Show clearly on the Substantial Conformance Exhibit, the distinction between lot line and phasing line boundaries. i. No structure, fence, wall, tree shrub, sign or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified ,as a sight distance corridor on the final map. The underlaying property owner shall maintain this condition. ii. An ongoing program to remove dirt, litter, and other debris from the surface of private streets and common recreational areas by means of street sweeping and other means shall be established and enforced. *.. III. The homeowner’s association shall coordinate the use of the City’s established program to assit residents with the removal and proper disposal of toxic and hazardous waste products. ’ *. k. -7 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 1’6 17 18 19 20 21 22 23 24 25 26 27 28 iv. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet federal, state, county and city requirements as prescribed in their respective containers. H. I. Prior to any construction that includes clearing, grading or excavation that ’ results in soil disturbance of five acres or more, the property owner shall file a Notice of Intention (NOI) with the California State Water Quality Control Board (CSWQCB) and pay the appropriate fee for a storm water permit. Prior to issuance of a building permit for any buildable lot within the subdivision, the property owner shall pay a one-time special development tax in accordance with City Council Resolution No. 91-39. 4. That the Agreement for Waiver of Prohibition Against the Imposition of Conditions upon the Approval of an Extension of a Tentative Subdivision Map between Aviara Land Company and Republic Development Company and the City of Carlsbad signed by the Aviara Land Company and Republic Development Company on February 251993 on file in the office of the City Engineer is approved, and the Mayor is authorized to execute said agreement on behaff of the Cii. I// /I/ I// //I //I /I/ /iI /II ItI I// I// L I 8 3 I 5 5 7 3 > I L ! 3 2 : 4 I . t , , l ! I( 1: 1: 1: 14 15 16 17 l& 19 20 21 22 23 24 25 26 27 28 5. That this extension is approved in reliance upon said agreement. Any legal challer.ge to or failure to perform said agreement or the cond%:ons of this resolution shall render this approval void and the map shall not be final. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 4th day of MAY , 1993 by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, City Clerk ww , 1 2 1. 3 4 5 6 / 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 90-416 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A CONDITIONAL NEGATIVE DECLARATION, TENTATIVE SUBDIVISION MAP (CT 90-9) AND PLANNED UNIT DEVELOPMENT PERMIT (PUD 90-12) FOR A 147 DWELLING UNIT PROJECT ON '23.8 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF ALGA ROAD AND BATIQUITOS DRIVE. APPLICANT: AVIARA - PLANNING AREA 5 CASE NO: CT 90-9/PUD 90-12 WHEREAS, on October 3, 1990 the Carlsbad Planning Commission held a duly noticed public hearing to donsider a proposed Mitigated Negative Declaration, Tentative Subdivision Map CT 90-9, and Planned Unit Development permit PUD 90-12 for a 147 dwelling unit condominium project and adopted Resolutions Nos. 3099, 3100 and 3101, respectively, recommending to the City Council that the Mitigated Negative Declaration, Tentative Subdivision Map and Planned Unit Development permit be approved; and WHEREAS, the City Council of the City of Carlsbad, on November 20, 1990 held a public hearing to consider the recommendations and heard all persons interested in or opposed to CT 90-9 and PUD 90-12; and WHEREAS, a Mitigated Negative Declaration was issued on August 30, 1990 and submitted to the State Clearinghouse for a 30 day review period. All comments received from that review period are fully incorporated into the conditions of approval for the tentative map. These conditions will be reviewed through a monitoring program set up for the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1 2 9 4 5 6 7 a 9 10 11 l'i *. 13 14 lr J 16 17 18 19 20 21 22 23 24 25 26 27 28 1. That the above recitations are true and correct. 2. That the mitigated negative declaration on the above referenced project is approved and that the findings and conditions of the Planning Commission contained in Resolution No. 3099 marked Exhibit A attached hereto are the findings and conditions of the City Council. 3. That the tentative subdivision map of this project (CT 90-9) is approved and that the findings and conditions of the Planning Commission contained in Resolution No. 3100 marked Exhibit. B and attached hereto are the findings and conditions of the City' Council. 4. Planned Unit Development Permit PUD 90-12 is approved and that the findings and conditions of the Planning Commission contained in Resolution No. 3101 marked Exhibit C and attached hereto are the findings and conditions of the City Council. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 4th day of December 1990, by the following vote, to wit: AYES: Council MEmbers Lewis, Kulchin, Larson and Pettine NOES : None ABSENT: Council Member Mamaux ATTEST: ALETHA L. RAUTE (SEAL) ‘7, * PLANNENG COMMISSION RESOLUTION NO. 3099 A RESOLUTLON OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A MLTIGATED NEGATIVE DECLARATION FOR A TENTATIVE TRACT MAP/PLANNED UNtT DEVELOPMENT TO DEVELOP A 147 DWELLING UNIT CONDOMINIUM PROJECT. APPLICANT: AVLARA - PLANNING AREA 5 CASE NO.: CT 90-9/PUD 90-12 WHEREAS, the Planning Commission did on the 3rd day of October, 1990, hold a duly noticed public hearing as prescribed by law to consider said request, and WHEREAS, at said pub.k hearing, upon hearing and considering a11 testimony and arguments, examinin g thee initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Mitigated Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission 16 17 18 19 20 21 22 23 24 25 26 27 20 A) That the foregoing recitations are true and correct. B) That based on the’ evidence presented at the public hearing, the Planning Commission hereby recommends APPROVAL of the Mitigated Negative Declaration according to Exhibit “ND”, dated August 30, 1990, and “PIP’, dated August 15, 1990, attached hereto and made a part hereof, based on the following findings and subject to the following condition: Findingg: 1. The initial study shows that there is no substantial evidence that the project may have a sign&ant impact on the environment. 2. The site has been previously graded pursuant to an earlier environmental analysis. 3. The streets are adequate in size to handle traffic generated by the proposed project. 1 2 3 4 E I E 7 a 9 IC '11 .I2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. There are no sensitive resources located onsite or located so as to be significantly impacted by this project. Conditions: 1. Prior to the occqancy of any of the dwelling units, the project applicant shall construct a 5.0 foot high sound attenuation wall between Alga Road and the proposed dwelling units 126129 and 131-134 along this road. The wall shall be constructed consistent with the recommendations of the Acoustical Study for Planning Ares 5 (McstmGrevq 1990). Prior to the occupancy of units 126-129 and 131-134, the project applicant shall incorporate all required traffic noise mitigation measuh (ie: mechanical ventilation) into these units as described in the Acoustical Anal* for Planning Ama 5. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 3rd day of October, 1990, by the following vote, to wit: AYES: Chairperson Schramrn, Commissioners: Schlehuber, Hohnes, Marcus and Hak NOES: None. ABSENT: Commissioners: Erwin and McFadden. ABSTAIN: None. A-i-TEST? x5Jh - SHARON SCHRAMM, Chairperson CARLSBAD PLANNING COMMISSION ,b f PLANNING DIRECTOR PCRESONO.3099 -2- I 1 2 3 4 5 6 ? ‘7 8 9 10 11 12 i3 14 1s 16 17 ‘18 19 I 20 21 22 23 24 25 26 27 28 PLANNING COMT’ASSION ~LUI-ION NO, 3104 A RESOLUTION OF THE PLANNING COMMISSION OF THE Cm OF CARLSBAD, CALIFORNLA, RECOMMENDING APPROVAL OF A-TENTATIVE TRACT MAP TO DEVELOP A 147 DWELLING UNIT CONDOMINIUM PROJECT ON PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECIION OF ALGA ROAD AND BATIQUITOS DRIVE. CASE NAME: AVIARA - PLANNING AREA 5 CASE NO: CT 90-9 WHEREAS, a verified application for certain property to wit: Lots 9596, 97 and 98 of the City of Carlsbad Tract 85-35, Phase I - Unit C, in the City of Carlsbad, County of San Diego, of the County Recorder of San Diego County, June 19, 1989, #89-346187 has been filed with the City of Carkbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by TitIe 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 3rd day of October, 1990, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map and Planned Unit Development. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: - . A) B) That the above recitations are true and correct. That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of CT 90-9, based on the following findings and subject to the following conditions: 3 2 : 4 e . e ‘i E s 1C .u ,12 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. 2. 3. 4. 5. 6. 7. 8. 9. Th project is consistent with Master PIan 177 since the proposed net d&ty of 6.17 du/m is within the permitted density of 7.9 du/aat as spedfied within Master Plan 177. The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed. The Planning Commission has, by inclusion of an appropriate condition .to this project, ensured that the final map kill not be approved unless the City Council finds that sewer service is available to seme the project. In addition,.the %nning Commission has added a condition that a note shall be placed on the final map that building permits may not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer setice for this project. The dedication of the 12.4 acre school site at the immection of Alga Road and Ambrosk Lane is acceptable as mitigation of the impact to ehting Carl&ad uxliiied school District school facilities. The dedication of a 24.23 acre park site at the northern terminus of Ambrosia Lane satis park fee requirements. All necessary public improvements have been provided or will be required as conditions of approval. The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concuITc?Il .with need as required by the General Plan. Assurances have been given that adequate sewer for the project will be provided by the City of Carisbad. Ilrdiseumdinthesta8Frrporztbeprojestis: (1) cons&tat with the d-b=- stzmdad of th hima Master Plan 177 and the Planned Dcveiopment oxdhanq (2) in confotln8nce with the Design Criteria of Master PIan 177; (3) in compliance with ek City’s Noise Policy No. 17 as conditioned; and (4) is in CoIlfimMnce WiththcMCllOilrocalCoastal~ PC PESO NO. 3’100 -2- i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 I 15 16 17 18 19 I 20 ’ 21 22 23 24 25 26 27 28 10. The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for Residential Development (RM, FILM) on the General Plan. 11. This project will not cause any significant environmental impacts and a Mitigated Negative Declaration has been issued by the Planning Director on August 30, 1990, and Recommended for Approval by the Planning Commission on October 3, 1990. In recommending approval of this Mitigated Negative Declaration the Planning Commission has considered the ‘initial study, the staff analysis, all required mitigation measures and any written comments received regarding the significant effects of this project could have on the environment. 12. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any’cumulative impacts created by the project. 13. This project’is consistent with the City’s Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 19. Conditions: 1. Approval is granted for CT 90-9, as shown on Exhibit “A” - ‘Y’, dated August 28, 1990, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise nored 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 City Council. The Tentative Map shall reflect the conditions of approval by the City. The Map copy shall be submitted to the City Engineer prior to building, grading or improvement plan submittal, whichever occlm first. 3. A 500’ scale map of the subdivision shall be submitted to the Planning Director prior to the recordation of the final map. Said map shall show all lots and streets within and adjacent to the project. 4. This project is approved upon the express condition that the final map shall not be approved unless the City Council Ends as of the time of such approval that sewer service is available to serve the subdivision. PC RESO NO. 3100 -3- I ! I( :i.l 1: 1: 1L II 1E 15 1E 19 20 21 22 23 24 25 26 27 28 1 2 3 Q 5 5 7 3 3 1 L ! 5 L i 5 I I I/ I 5. This project is approved upon the express condition that building permits wiu not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. xs note shall be placed on the final map. 6. This project is aho approved under the express condition that the applicant pay the public facilities fee adopted by the City Council on July 28, 1987 ad as amended from time to time, and any development fees established by the City C0um5.l pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth manageJnent system or facilities and improvement plan and to fulfill the subdivideis agreement to pay the public facilities fee dated March 1, 1990, and the agreement to pay the Grow-th Management Fee dated December 4, 1987, copies of which are on file with the City Clerk and are incorporated by this reference. If the fees are not paid this application will not be consistent with the General Plan and approval for this project shall be void. . Water shall be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and the Carlsbad Municipal Water District, dated May 25, 1983. . . This project shall comply with all conditions and mitigation required by the Zone 19 Local Facilities Management Plan approvei by the City Council on December 22, 1987, incorporated herein and on file in the Planning Department and any future amendments to the Plan made prior to the issuance of building permits. 7. 8. 9. 10. 11. PC RESO NO. 3100 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 chailenged 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 aiI sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. The applicant shall establish a homeowner% association and corresponding covenants, conditions and restrictions. Said CC&R’s shall be submitted to and approved by the Planning Director prior to final map approval. The CC&R’s for Planning Area 5 shall include a provision which prohibits parking vehicles in any private driveway which measures less than 20 feet from garage door to back of sidewalk or edge of curb face, whichever is closest to the structure. 4 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. 13. 14. 1s. 16. 17. 18. 19. 20. 21. 22. 23. 24. The applicant shall submit a street name list consistent with the City’s street name policy subject to the Phuming Director3 approval prior to final map approval. The applicant shal.l prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to the issuance of grading or building permits, whichever occurs iirst. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. The developer shall install street trees at the equivalent of m-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. +ll 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. Prior to fmal occupancy, a letter f?om a California licensed landscape architect shall be submitted to the Planning Director certi&ing that all landscaping has been installed as shown on the approved landscape plans. All herbicides shall be applied by applicators licensed by the State of California. The applicant shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. The fint set of landscape and irrigation plans submitted shall include building foot ptint, improvement plans and grading plans. All landscape and irrigation plans shall show existing and proposed contours and shall match the grading plans in terms of scale and location of improvements.. Mature trees which are removed shall be replaced one to one with minimum 36” box specimen. Mach case shall be teviewed by the Planning Director. The minimum shrub size shall be 5 gallons, except at approved by the Planning Director. PC RESO NO. 3100 -5 . I I 1( 13 i: l? 14 1: 1E 17 18 19 20 21 22 2z 24 25 26 27 28 1 8 3 Q 5 5 7 3 2 ) L 2 5 L 5 i 1 I / I 2s. 26. 27. 28. 29. 30. 31. 32. 33. 34. The number of trees in a residential project shall be equal to or seater tha the number of residential units. Any signs proposed for this development shall at a minimum be designed in conformance with the City% Sign Ordinance and shall require review ad approval of the Planning Director prior to installation of suchsigns. Building identification and/or addresses shah be placed ,on a,U new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color. The developer shall display a current Zoning and Land Use Map in the ,szfes ofic~ at ail times, or s&tab!? alternative to the satisfaction of the Planning Director. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets. As part of the plans submitted for building permit plan check, the applicant shall include a reduced version of the approving resolution/resolutions on a 24” x 36” blueiine drawing. Said blueline drawing(s) shall also’ include a copy of any applicable Coastal Development Permit and signed approved site plan. Prior to the occupancy of any residential unit within this project, the Master Plans recreational vehicle storage area (withi 1 Planning Area 23) with all weather access road to it shall be available for use. Prior to the occupancy of any of the dwelling units, the pxuject applicant sh3lI construct a 5 foot high sound attenuation wall between Alga Road and the proposed dwehg I+S along Alga Road. The wall shall be constructed consistent with the rt~~mmen&tions of the Acoustical Study for Planning Area S (Mestre Gme, 1990). Prior to the ocqxmcy of units 126 - 129 and 131 - 134, the project applicant shall incorporate all requkd QafEc noise mitigation measures (ie. mechanid ventilation) into these units, as d-i. in the Acoustical Analysis fq PA-S RiortotheiLsmaae ofagradingpermitorthclpcordationOfthefinalmap,the projectapplicantshallreceive a Coastal Development Permit that approves *w that is in substantial conformance with this City approval. The ~Pamitshallberequiredto~submittedtotheCityPlanninP~t fkrcviewpriortotheissuanceofagradingpermh. PIiortotheissuame ofagradiegpamit,all-DecdRestricte.darws(old~t 22aadz48sshownonExhr’bitt”B”and”C)sballbestalcedandtoprohibit WroahuWbyconstn4~~pmmt- PC PESO NO. 3100 -6- 1 2 : 4 5 6 7 e 9 10 11 12 13 14 15 16 17 I8 19 20 21 22 23 24 25 26 27 28 35. AUlmits~~arrser~~a~~ofSfect~apriMtedrivcwayshallbe equipped with an automatic garage door opener. 36. M et- fences/walls Shall be required to be designed consistent with the materials and styie of other Master Plan approved fences/walls. 37. This project is approved subject to the condition that residential wata conservation measUrer iIdUdiIlg Water efkklt plumbing - in conformance with State and ti Laws and P~hies, be incorpoxated into the projects design. 38. I Prior to the recordation of the first final tract map or the issuance of residential building permits, whichever is East, the owner of record of the property within the boundaries of this tentative tract map shall prepare and record a notice that this property is subject to overflight, sight, and sound of aircraft operating from Palomar Airport in a manner meeting the approval of the Planning Director and the City Attorney. The applicant shall post aircraft noise notification signs in ah sales and/or rental offices associated with the new development. The number and locations of said signs shah be approved by the Planning Director. 39. This projectis approved subject to the condition @at should any of the 9 exkting on-site oak trecr be lost to development, the applicant (MXeUar) or succmr in interest shall be squired to replace these oak tnzes at the following ratios: Twominimu1nsized24”boxspecimens for each 6” to 23” diameter oak tree, two minimlunsized24”boxspedmensandone~~sized36”box~~for eXh24”-4OWameteroak~One minimum sized 36” box specimen and one llliTlhUlUsized48"bOXspecimen for each 41” - 60” diameter oak tree. Ennineering: 40. This approval is subject to all conditions of approval of Master Plan 177, Carisbad Tract 85-35 and Zone 19 Local Facility Maa;agcmen tPlaqalldanyamendments thereto. 41. This project is l-ted within the Mello I Local Coastal Plan. AU development design shall comply with the erosion control requk~=ts of that plan. 42. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. 43. The developer shall be responsible for coordination with S.D.G.&E., Pacific Telephone, and Cable TV authorities. PC RESO NO. 3100 -7- : I ! l( 11 1: 12 14 15 1E 17 If 19 20 21 22 23 24 25 26 27 28 44. 45. 46. 47. 48. 49. 50. 51. 52. The developer shall provide an acceptable means for m&r&g the private strcet~, sidewalks, street lights, storm dram facilities and sewer f&J.ines located within the subdivision and to disttibute the costs of such maintenance m a equitable manner among the owners of the units within the subdivision. Adequate provision for such maintenance shall be included with the CC&R’s subject to the approval of the City Engineer. Except for Batiquitos Drive and Hummingbird Drive all of the above improvements are considered private. All concrete terrace drains shall be maintained by the homeowner’s association (if on commonly owned property) or the individual properry owner (if on an individually owned lot). An appropriately worded statement clearly ident:fying the responsibility shall be placed in the CC&KS. Approval of this tentative tract map shah expire twenty-four (24) months from the date of City Council approval unless a fGnd map is recorded. An extension may be requested by the appiicant. 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 pursuanr to Section 20.12.110(a)(2) Carlsbad Municipal Code. Prior to approval of the final map the developer shall enter into an agreement with the City to pay any drainage area fees established as a result of the forthcoming Master Drainage Plan Update. The applicant shall agree to utiI.ize reclaimed water, if available, in Type I form, on the subject property in all common areas as approved by the City Engineer. Reclaimed water, as defined in Section 1305(n) of the California Water Code, means water which, as a result of treatment of wastewater, is suitable for a direct beneficial use or controlled use that would not otherwise occur. No grading permits shah be issued for this subdivision prior to recordation of the fInal map, except as approved for model homes. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. Prior to issuance of a building petmit for the project, the applicant must submit and receive approval for grading plans in accordance with City codes and standards, be issued a grading pamit and complete the grading work in substantial conformance with the approved 5ding plans. The developer shall obtain a. 5ding permit prior to the commencement of any clearing or grading of the site. No 5ding shalt occur outside the limits of the subdivision unh% a grad@ or ~10~ easement is obtained from the owners of the affected properties. If the PC RESO NO. 3100 -8- I 2 : 4 c . E 7 E 9 1c 11 .12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . ) . I L i i I I 1 1 1 , r , ---. 53. 54. 55. 56. 57. 58. 59. 60. 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 CO~~O~IS to the approved tentative map as determined by the City Engineer and Planning Director. A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the City tits. Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shah comply with ah conditions and requirements the City Engineer may impose with regards to the hauling operation. The developer shall exercise special care during the consuuction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with the Carlsbad Municipal Code and the City Engineer. Reference Chap 11.06. s The developer shah construct desiltation/detention basins of a type and size and at locations as approved by the City Engineer. The developer shah enter into a desiltation basin maintenance agreement and submit a maintenance bond satisfactory to the City Engineer prior to the approval of grading, building permit of f%ml map whichever occurs first for this project. Each desiltation basin shall be serviced by an all-weather access/maintenance road. The provisions of this agreement shall apply to any offsite borrow sites which may be utilized in the construction of this project as required by the City Engineer. Rain gwms are to be provided to convq rmf drainage to an approved drainage device as appmmi.by the City Etqbecr. Additional drainage easements and drainage structures shah be provided or installed prior to the issuance of grading or building permits as may be required by the City Engineer. . The developer shall make an offer of dedication to the City for ail public streets and easements required by these conditions or shown on the Tentative Map. The offer shall be made by a certificate on the fkal map for this project. AU land so offered shall be granted to the City fke and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. m accesf rights for d 10~ abutting Hut&n&id Drive, Batiquitos Drive and RDdrDovtStrretshallkwaivedonthfinamaper#ptthosepointsof comextiontoptivatesmetsorastequkedfor~~. PC PESO NO. 3100 -9- I ! l( 1; .li 1: 14 1: 1E 17 1E 19 2c 21 22 23 24 25 26 27 28 61. 62. 63. 64. 65. 66; 67. 68. E%hr to approval of aY gdhg or building permits for this project, the owner Shall gke written consent to the annexation of the area shown within the boundaries of the site plan into the existing City of Car&ad Street Lighting and Landscaping Distict No. 1. The form shall be provided by the City during the improvement plancheck process. Runoff from this project is conveyed to environmentally sensitive areas. The subdivider shall provide adequate means of eliminating grease and oils from drainage prior to discharge. Plans for such improvements shall be approved by the City Engineer prior to issuance of grading or building permit. Those plans shall be in conf~tma.nce with the %aste discharge requirements for storm water and urban runoff hrn the County of San Diego.” The developer. shall install street lights along all public and private street frontages in conformance with City of Carlsbad Standards. The developer shall install a wheelchair ramp at the public street comer abutting the subdivision in conformance with City of Carlsbad Standards prior tb occupancy of any buildings. Some improvements shown on the tentative map and/or required by these conditions are located offsite on property which neither the City nor the subdivider has sufficient title or interest fo pen-nit the improvements to be made without acquisition of title or interest. The Developer shall conform to Section 20.16.095 of the Carlsbad MurGcipal Code. Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final map in accordance, with City Standards the Developer shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements: A. Alga Road to major arterial standards or better from Mimosa Street to El Camino Real to the satisfaction of the City Engineer. This obligation may be shared with other projects having a similar condition to the satisfaction of the City Engineer. Improvements listed above shall be constructed within 24 months of final map approval. The Fire Marshal has detexmined that onsite fire hydrants are required to serve this project. Prior to issuance of a buihiing permit for the site, the applicant must submit and receive City and water district approval for appropriate waterline improvement plans and easements. All improvements shall be designed in conformance with city and Water District Standards, plancheck and inspection fees paid and improvement security shall be posted with the Water District. PC RESO NO. 3100 -lO- L z 7 5 . L 5 5 ? I ) 1 4 I c E 5 E s 1c l! 12 12 14 15 10 17 '18 19 20 21 22 23 24 25 26 27 28 . ! i t I i I I / - 69. Th design of all private ets and drainage systems shall bc appd by de city Enginea prior to approval of the final map for this project. Tht shnru section of all prime Streets shall conform to City of Ca&u Se w on R-value tests. The horizontal design of the private streets are approved a~ shown on the Tentative Map. All private streets and drainage systems shall be +td bythecity,a.ndthe standards improvement plan ch4!xk and kspection fees shall be paid prior to approval of the final map for this project. 70. Irrigation systems to accommodate future reclaimed water shall be designed consistent with Title 17 of the California Administrative Code. Offsite fluture reclaimed water distribution systems should be anticipated by the installation of adequately sized sleeves at crossing points to minimize street excavation. 71. 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 subdivider may pass through asressmentr to subsequent Owners gn& if the subdivider hasexecuted aSpecial AssessmentDistict Pass-Through Authorization Agreemat. Said agreement contains provisions regard& notice fo potential buyeroftheiimountofthe assesznent and other provisions and requires .tbe sutxiivider to have each buyer receive and exe+xte a Notice of -mandan Option @cement. In the event that the subdivider does not execute the Authorization Agreement, the assesmmt on the subject property must be tiaid off in fidl bv the subdivider prior to anv subdivision of the land. 72. As required by State law, prior to the recordation of a final map over any of the subjm property, a segregation of asssments must be completed and recorded for all subdivided lots. By applying for a segregation of assessments, the subdivider agrees to pay the fee to cover the costs associated with the segregation. A segregation is not required if the subdivider pays off the assessment on the subject prqxrtypriortotherecordationofthefkalmap. Intheeventasegregationof asesmmm is not recorded ami pqerty is subdivided, the full amount of assersnentwillappearonthetaxbiUsof~newlot. 73. ThisprojeaisapprovedundathcerphsscanditionthercwillbemodelMits. Tbcgrading~forth~~unitsisshmninanexht’bittothctentati~ map. The grading for the model units prior to final record&on is authoriwi gnnsuaa to the awval of this tentative map. Sewer and water must be provide totksitc FHchytkmts&Jlbeprovidedasdeemednecsary bytbeFilV Manbal. ~separatc~dingpermitshallbeobtainedfortHemodeJarea 74. S~curbinletsshallkinstallcdanrjnarnPlaoeaadAtdeolaDrivrrattheir inrersections with Hum&&&d Dr& 7s. A) Thclotconfigurationsassbownonthct~tivlcnlaparr~~ynot approved. This project shall have a total of fourteen (14) lots. New ILS 1 shaIlbecomprisedofIr>tsl6and17. NewhX2sballkamprisedofbe PCRESONO.3100 -ll- “-i ’ Y . . \ 4 f c ‘1 l 5 1c il 12 12 14 15 16 17 I.8 19 20 21 22 23 24 25 26 27 20 1,2=d4. N~Lnt3shaihcomprkdofhss,6and7. Newtit shallbecomprisedofbts8,9and10. Newbtsshallk~mprixdof Lotsl1,12and13. Newlat6shallbccomptiscdof~~14and15except thcreaeationarea NewLot7sballbecomprisedof~t18andl9ercept thertxreatione NewlLot8shallbecomprisedoflnrs2oand21. open Space L&S 23, and 24 shall be renumbered bts 9 and 10. The lot ~~digurati~n a~ descn’bed in this condition is included as an attachment. 1. ope.nSpace&H2shallberenumberedbt12. TherecrreationanSS shall be renumbered IAXB 11,13 and 14. New bt 13 shall consist of aptionofoldbt19. NewLotllshaUconsistofoldLot3. New la 14 shall consist of a portion of old bt 15. B) Thtphasingshallbe~~twiththclotnumbersexcept:. 1. Phase 4 shall in&de the portion of Ardeola shown in Phase 5. 2. The landsaping for new Lot 9 (old Lot 23) shall be included no later thanPbase3. . 3. Tk landscaping for bt 10 (old Lot 24) shall be included no later thanPhase6. 4. Phase 1 shall iuclude the cfmstmction of recreation area Lot 13. 5. Phase 2 sbd include the landscaping of new open space Lot 12 and the construction of Rfxxmtion Area Lot 11. 6. Phse 6 shall include the construction of recreation area Lot 14. Cl Thctwoopenspacelots-nm~ts9andlO(old~ts23and24)shallbe deeded ovrr to the Aviara Master Association con cxT.rmlttithfinalmap mcordation per the agreement betwear the developer and l-iiban propaties. D) ~fallowingaIx!!assl¶allbegrantedascovenantforeasementstoall ownas of condominium units (not the Hollhcow~l Asw>ciation). These covmant~~shallbeaxmyedbysepamtedommentmd rccordcd-VViththCfinalmap. 1. ‘A commanamtinperpmity8sa covmantnmningwiththeland avathareasshrownasoldLob3andaportionof~t19’~~ts 11,14aDd13anrhctenta~~,for~~~~~ recreatiod pInposts. 2. Acomnrwarcahperpetuityasa anmantnmningwiththeland ~~pa~d~andsidcwalb,aceptindividualconaete =-bgr BC(WS, parking private utilities and 3. Accrmmwrnareahperpler\lityasa covewntnmningwiththeland 0~~~~~1nt~ith~~&8inclusivc,for~ping,a~=~d maintenancepurpwes. PC RESO NO. 3100 -12- ,” 6. i-, ( ‘.. ,’ *, : : .I : 1 I : 4 c . ‘i S 1c 11 12 14 15 16 81. 17 18 19 20 21 22 24 25 26 27 28 4. Aammonarminpcrpetuityasacovenam rmningwiththeland over new Lat 12 (old Lot 22) for opeu space purposes. These covenant for andtransf~Ofco easemenfs shall be binding upon all successors, assigtls wuantor. Theseco vlmaxlts cannot be quit* without the approval of the City. Wording to that effect shall be placed on the Covenant. El All the above changes shall be shown on the approved tentative map mylar. 76. Lf the developer choosy to construct out of phase, all improvements nzquired by pmvious phiwes are required. Fire Conditions: 77. 78. 79. 80. 82. 83. 84. Additional public and/or on site tie hydrants shall be provided if deemed necessary by the Fire Marshal. I The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hyeants and on site roads and drives to the Fire Marshal for ,approval. An aU weather access road shall be maintained throughout construction. All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. Proposed emergency access systems shall be provided with “Knox” key operated ovemide switch, as specified by the Fire Department. Fire retardant roofs shall be required on all structures. Brush clearance within this Planning Area shall be maintained according to the speciiications contained in the City of Car&bad Landscape Guidelines Manual. - All Ere alarm systems, Ere hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction. 85. The entire potable and non-potable water system/systems for subject project shall be evaluated in detail to ensure that adquate capacity and pressure for domestic, landscaping and fire flow demands are met. PC RESO NO. 3100 -13. 86. The developeis engineer shall schedule a meeting with the District Engineer and the City Fire Marshal and review the preliminary water system layout prior to preparation of the water system improvements plans. 87. The developer will be responsible for all water fees and water deposits plus the major facility charge which will be collected at time of issuance of building permit. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 3rd day of October, 1990, by the following vote, to wit: AYES: Chairperson Schramm, Commissioners: Schlehuber, Holmes, Marcus andHall. 1 2 3 4 5 6 7 8 9 10 jl I.2 13 14 15 16 17 18 19 20 ’ 21 22 23 24 25 26 27 28 NOES: None. . ABSENT: Commissioners: Erwin and McFadden. ABSTAIN: None. . . . - . . . . SHARON SCHRAMM, Chairperson WBAD PLANNING COMMISSION A-I-I-EST: I PC RESO NO. 3100 -14- 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 RESCLUlTON NO. 3101 A RESOLUTION OF THE PLANNING COMMtSSlON OF THE CtTY OF CARLSBAD, CALIFORNL& RECOMMENDlNG APPROVAL OF A TENTATIVE TRACT MAP TO DEVELOP A 147 DWELLING UNIT CONDOMINIUM PROJECT ON PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF ALGA ROAD AND BATIQUITOS DRIVE. CASE NAME: AVIARA - PLANNtNG AREA 5 CASE NO.: PUD 90-12 WHEREAS, a verified application for certain property to wit: Lots 95, 96,97 and 98 of the City of Carkbad Tract 85-35, Phase t - Unit C, in the City of Carlsbad, County of San Diego, of the County Recorder of San Diego County, June 19, 1989,. #89-346187 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 Carisbad Municipal Code; and WHEREAS, the Planning Commission did, on the 3rd day of October, 1990, hold a day noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map and Planned Unit Development. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as - follows: . A) B) That the above recitations are Due and correct. That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of PUD 90-12, based on the following findings and subject to the following conditions: . . . . . . . . 1 2 2 4 5 6 7 ‘6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Find&: 1. 2. 3. 4. 5. 6. 7. a. 9. 10. ‘lb project is consistent with Master Plan 177 since the prqcxed net den&y of 6.17 du/acre is within the permitted dauity of 7.9 du,/acre as specified within Master Plan 177. The sire is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed. The Planning Commission has, by inclusion of an appropriate condition to this project, ensured building permits will not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. The dedication of the 12.4 ane school site at the intersection of Alga Road and ambrosia Lane is acceptable as mitigation of the impact to existing Carl&ad unified school District school facilities. . The dedication of a 24.25 acre park site at the northern terminus of Ambrosia Lane satisfies park fee requkements. All necessary public improvements have been provided or will be required as conditions of approval. The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. The proposed project is consistent with the City’s Planned Development Ordinance and also complies with the Design Guidelines Manual. Asfilkcwdinthestaffreporc,theprojcais: (1) consistent with the -Pm standards of the Aviara h4aster Plan 177 and the Planned Dcvclopmau (3Kdhm; (2) in CoIlf- with the Design cxiteria of Master Plan 177; (3) in v&mce with the City’s Noise Policy No. 17 as conditioned; and (4) is in conformanceWiththcMdOI~Coastal~ The proposed project is compatible with the stnrounding future and existing land uses since surrounding properties are designated for Residential Development (P-W RLM) on the General Plan. PC PESO NO. 3101 -2- . )I . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. This project will not cause any significant environmental impacts and a Mitigated Negative De&ration has been issued by the Planning Director on August 30, 1990, and Recommended for Approval by the Planning Commission on October 3, 1990. In recommending approval of this Mitigated Negative Declaration the Planning Commiss Ion has considered the initial study, the sraff analysis, all required mitigation measures and any written comments received regarding the significant effects this project could have on the environment. 12. .The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 13. This project is consistent with the City’s Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 19. Conditions: . 1. All conditions of approval for CT 90-9 as contained in Planning Commission Resolution No. 3100 apply to this approval and are incorporated through this reference. . . . . PC EIESO NO. 3101 -3- 1 2 3 4 5 6 7 6 9 l( 13 1; 12 11 1c 1C 1’; 1E 1s 2c 23 25 2;: 21 2! 2i: 2: 2t I I > 1 ! 5 I 5 5 1 3 I ) I! 1’ . 2 s b 5 L 2 7 1/ PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 3rd day of Ocrober, 1990, by the following vote, to wit: AYES: Chairperson Schramm, Commissioners: Schlehuber, Holmes, Marcus and Hall. NOES: None. ABSENT: Commissioners: McFadden and Erwin. ABSTAIN: None. SHARON SCHRAMM, Chairperson -BAD PLANNING COMMISSION A-ITEST: PC IkESO NO. 3101 4- January 25, 1996 Aviara Land Associates, L.P. 2011 Palomar Airport Road, #206 Carlsbad, CA 92009 Re: Tentative Map Extension - Carlsbad Tract 90-9 The Carlsbad City Council, at its meeting of January 23, 1996, adopted Resolution No. 96-30, granting a one year extension of time for Carlsbad Tract 90-9, Aviara Planning Area 5. As a courtesy, enclosed is a copy of Resolution No. 96-30 for your records. City Clerk ALR:ijp Enclosure 1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 (619) 434-2808