HomeMy WebLinkAbout1991-02-19; City Council; Resolution 91-601
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RESOLUTION NO. 91-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A MITIGATED
NEGATIVE DECLARATION AND TENTATIVE SUBDIVISION
MAP (CT 89-37), LOCAL COASTAL PROGRAM AMENDMENT (LCPA 90-5) AND HILLSIDE DEVELOPMENT
PERMIT (HDP 90-2) FOR AN 11 LOT PROJECT ON 247 ACRES OF LAND GENERALLY LOCATED ON THE NORTH SHORE OF BATIQUITOS LAGOON, SOUTH OF ALGA ROAD AND WEST OF AVIARA PHASE I. APPLICANT: AVIARA PHASE I1 CASE NO: CT 89-37/LCPA 90-5/HDP 90-2
WHEREAS, on December 19, 1990 the Carlsbad P1,
Commission held a duly noticed public hearing to consi
proposed Mitigated Negative Declaration, Tentative Subdivisi
CT 89-37, Local Coastal Program Amendment LCPA 90-5 and Hi
Development Permit HDP 90-2 for an 11 lot project and ai
Resolutions Nos. 3150, 3153, 3152 and 3154 respect
recommending to the City Council that the Mitigated Net
Declaration, Tentative Subdivision Map CT 89-37, Local C(
Program Amendment LCPA 90-5 and Hillside Development Permit H
2 be approved: and
WHEREAS, the City Council of the City of Carlsbi
February 5, 1991 held a public hearing to considei
recommendations and heard all persons interested in or oppo
CT 89-37/LCPA 90-5/HDP 90-2; and
WHERAS, a Mitigated Negative Declaration was issi
September 6, 1990 and submitted to the State Clearinghouse fc
day review period. All comments received from that review
are fully incorporated into the conditions of approval fc
tentative map and other project approvals. These condition
be reviewed through a monitoring program set up for the pro
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NOW, THEREFORE, BE IT RESOLVED by the City Council C
City of Carlsbad, California, as follows:
1. That the above recitations are true and correc
2. That the mitigated negative declaration on the
referenced project is approved and that the findings and condi
of the Planning Commission contained in Resolution No. 3150 m
Exhibit A attached hereto are the findings and conditions o
city Council.
3. That the tentative subdivision map of this pr
(CT 89-37) is approved and that the findings and conditions c
Planning Commission contained in Resolution No. 3153 marked EE
B and attached hereto are the findings and conditions of the
Council.
4. Local Coastal Program Amendment LCPA 90-5 is apg
and that the findings and conditions of the Planning Commi
contained in Resolution No. 3152 marked Exhibit C and att
hereto are the findings and conditions of the City Council.
5. Hillside Development Permit HDP 90-2 is approvc
that the findings and conditions of the Planning Commission
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contained in Resolution No. 3154 marked Exhibit D and at1
hereto are the findings and conditions of the City Council.
PASSED, APPROVED AND ADOPTED at a Regular Meeting (
19th day ofF' City Council of the City of Carlsbad on the
1991, by the following vote, to wit:
AYES:
NOES: None
ABSENT: None
Council Members Lewis, Kulchin, Larson, Nygaard and
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ATTEST:
2, City Clerk
KAREN R. KUNDTZ, Assistant City Clerk
( SEAL)
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PLANNING COMMISSION RESOLUTION NO. 3150
A RESClLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A
MITIGATED NEGATIVE DECLARATION FOR A MASTER PLAN
AMENDMENT/LOCAL COASTAL PROGRAM
AMENDMENT/MASTER TENTATIVE TRACT MAP/HILLSIDE
DEVELOPMENT PERMIT OVER PHASE I1 OF THE AVIARA
MASTER PLAN.
APPLICANT: AVIARA PHASE I1
CASE NO.: MP-l77(B)/LCPA 90-5/CT 89-37/HDP 90-2
WHEREAS, the Planning Commission did on the 19th day of December, 199(
a duly noticed public hearing as prescribed by law to consider said request, and
WHEREAS, at said public hearing, upon hearing and considering all testimo
arguments, examining the initial study, analyzing the information submitted by staf
considering any written comments received, the Planning Commission considered all
relating to the Mitigated Negative Declaration.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commis:
follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Planning Corm
hereby recommends APPROVAL of the Mitigated Negative Declaration according to
"ND", dated September 6, 1990, and "PII", dated August 27, 1990, attached here
made a part hereof, based on the following findings: 1
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I Findinns:
1. The initial study shows that there is no substantial evidence that the project may
significant impact on the environment provided that mitigating conditions of apprc
complied with.
The streets are adequate in size to handle traffk generated by the proposed proje
The proposed project site has already been reviewed under Master Plan EIR 83-2(
as designed, the project implements all recommended mitigation measures of said :
XA).
The project will either preserve in open space or replace with comparable qual
acreage, the previously coastal deed restricted habitat areas,
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Conditions:
1. Prior to the release of grading bonds for CI' 89-37, all geotechnical and soils CI measures identified in the Geotechnical Investigation of the property (KG, 1990)
required to be implemented.
All manufactured slopes (excluding revegetation slope area 10 within PA-28) as SI
-its I? - *, dated November 9,1990, shall be required to be landscaped c(
with the Habitat Enhancement Plan included within the same Exhibits. A
Habitat Enhancement Landscape and Irrigation Plan (which includes a tirm
implementation) shall be submitted and approved by the Planning Director pri
issuance of grading permits. The Habitat Enhancement hdscaping shall be re( be initiated immediately following rough grading of each of these graded areas.
the issuance of a grading Permit, a Habitat Enhancement Landscaping bond
required to be posted with the City. Prior to the revegetation of slope area 11
Planning Area 28, this slope shall be required to be contoured and undulated
subsequent discretionary actions (tentative maps) subject to the approval of the I
Director.
Prior to the issuance of a grading permit, all "Give Back" areas (as shown on Att
"A? and other project open space areas shall be requirrd to be placed unda
rdction which prohibits any encroachment for development into those
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perpetuity.
4. This project is approved subject to the condition that no project grading shall be p
during the Black Tailed Gnatcatcher breeding season (March 1 - June 1
modifications to grading restrictions shall be subject to approval of the City and
on the prior approval of the California Coastal Commission in consultation i
Department of Fish and Game and U.S. Fish & Wildlife Service.
All deed restricted habitat areas shall be required to be staked and flagged in the
a certified biologist prior to the issuance of grading permits. All deed restricted ar
be required to be clearly demarcated on all project grading plans.
All "Give Back" areas that are adjacent to Coastal Sage Scrub habitat shall be rec
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be fully landscaped with similar native species. Prior to the issuance of a gradiq
a landscape and irrigation plan for these areas shall be submitted for revim j PlanningDirector.
j 7. Prior to the necordation of the first final map, the applicant Shall enter into a th
agreemt?nt with the City to contract with an environmental consultant, paic
applicant, to provide a monitoring program for the mitigation measures require
tentative map and environmental impact report. The program shall include
monitoring activities, a reporting system, and criteria for evaluating the succes
mitigation measures.
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' PC RES0 NO. 3150 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Pla
Commission of the City of Carlsbad, California, held on the 19th day of December, 1990,
following vote, to wit:
AYES: Chairperson Schramm, Commissioners: Schlehuber, Holmes, Erwin, h
& Hall.
NOES: None.
ABSENT: Commissioner McFadden.
ABSTAIN: None.
\ dh;w && - SHARON SCHRAMM, Chairperson
CARLSBAD PLANNING COMMISSION ATTEST:
PLANNING DIRECTOR
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PC RES0 NO. 3150 -3-
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PLANNING COMMISSION RESOLUTION NO. 3153
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBA
CALIFORNIA, RECOMMENDING APPROVAL OF A MASTER TENTATWE, TRA(
MAP FOR AVlARA PHASE I1 ON PROPERTY GENERALLY LOCATED NORTH (
BATIQUITOS LAGOON, SOUTH OF ALGA ROAD AND WEST OF AVIARA PHASE CASE NAME: AVIARA PHASE I1
CASE NO.: ’CT 89-37
WHEREAS, a verified application for certain property to wit:
Portion of Sections 22,26,27,28,33 and 34 in Township 12 south, Range 4 we
in the City of Carlsbad
has been filed with the City of Carlsbad and referred to the Planning Commission; an
WHEREAS, said verified application constitutes a request as provided by Title
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of December, 1990, k
noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testi
arguments, if any, of all persons desiring to be heard, said Commission considered
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission (
That the above recitations are true and correct. A) I.8
19 I B) ,I That based on the evidence presented at the public hearing, the Commission re
APPROVAL of CT 89-37, based on the following findings and subject to the
conditions: 20 j
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Findinns:
1. The project is consistent with the Civs General Plan and MP-177 since the
permitted density of 1.95 du’s/acre is within the density range of 0-4 du’s/acr
for the site as indicated on the Land Use Element of the General Plan, and is a
the growth control point of 3.2.
The site is physically suitable for the type and density of the development
through Master Plan 177.
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3, The Planning Commission has, by inclusion of an appropriate condition to this F
ensured that the final map will not be approved unless the City Council finds that
service is available to serve the project. In addition, the Planning Commission has
a condidon that a note shall be placed on the final map that building permits may issued for the project unless the City Engineer determines that sewer service is avi
and building cannot occur within the project unless sewer service remains availab
the Planning Cqmmission is satisfied that the requirements of the Public Facilities E
of the General Plan have been met insofar as they apply to sewer service for this I
School fees will be paid to ensure the availability of school facilities in the C
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 cor
of approval.
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7. The applicant has agreed and is required by the inclusion of an appropriate cond pay a public facilities fee. Performance of that contract and payment of the fee will
this body to find that public facilities will be available concurrent with need as rl
by the General Plan.
Proposed future residential projects are compatible with the surrounding future la
since surrounding properties are designated for residentiallopen space developmen
General Plan.
This project will not cause any significant environmental impacts and a Mitigated h
Declaration has been issued by the Planning Director on September 6, 19
RECOMMENDED FOR APPROVAL by the Planning Commission on December 15
In approving this Negative Declaration the Planning Commission has considered th
study, the staff analysis, all required mitigation measures and any written co
received regarding the sigrhcant effects this project could have on the environn
The applicant is by condition, required to pay any increase in public facility fee, construction tax, or development fees, and has agreed to abide by any ad
requirements established by a Local Facilities Management Plan prepared purs
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availa
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 h
conditioned to comply with any requirement approved as part of the Local F
Management Plan for Zone 19.
This project was subject to Chapter 21.95 of the Carlsbad Municipal Code (
Ordinance) and meets all the requirements of that Chapter to ensure the s
treatment of the City's hillside resources.
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PC RES0 NO. 3153 -2-
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13. The Master Tentative Tract Map, CI' 89-37, satisfies all requirements of the Su' Ordinance and the State Map Act.
Asdkmssed in the staff report, this project adequately mitigates encroachment hi deed restricted areas.
The projw $X 89-37, is in compliance with the underlying Mello I and East E
Lagoon Local Coastal Programs.
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conditions:
1. Approval is granted for CT 89-37, as shown on Exhibit(s) "A" - "Z", dated No\
1990, incorporated by reference and on file in the Planning Department. Dev 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 co,
Tentative Map as approved by the Planning Commission. The Tentative Map sh
the conditions of approval by the City. The Map copy shall be submitted tc
Engineer prior to building, grading or improvement plan submittal, whichever o(
A 500' scale map of the subdivision shall be submitted to the Planning Dkectc
the recordation of the final map. Said map shall show all lots and streets u
adjacent to the project.
This project is approved upon the express condition that the final map sh
approved unless the City Council finds as of the time of such approval that seM
is available to serve the subdivision.
This project is also approved under the express condition that the applicant pay
facilities fee adopted by the City Council on July 28, 1987 and as amended fro
time, and any development fees established by the City Council pursuant to Cha
of the Carlsbad Municipal Code or other ordinance adopted to implement
management system or facilities and improvement plan and to fulfill the SI
agreement to pay the public facilities fee dated November 6, 1989, a copy of w
file with the City Clerk and is incorporated by this reference. If the fees are no
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,I application will not be consistent with the General Plan and approval for this p
be void.
The applicant shall pay park-in-lieu fees to the City, prior to the approval of the
as required by Chapter 20.44 of the Carlsbad Municipal Code unless previous1
by the Parks Agreement between the City and Aviara Land Associates dated Jur
The applicant shall provide school fees to mitigate conditions of overcrowding
building permit application. These fees shall be based on the fee schedule in e
time of building permit application. All or a portion of said fees may be wah
to the approval of the Carlsbad Unified School District
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PC RES0 NO. 3153 -3-
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8. Water shall be provided to this project pursuant to the Water Service agreement be
the City of Carlsbad and the Carlsbad Municipal Water District, dated May 25, 19
This project shall comply with all conditions and mitigation required by Master Pli and the Zone 19 Local Facilities Management Plan approved by the City Cow
December 22,1987, incorporated herein and on file in the Planning Department a]
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 pi
of any fees in lieu thereof, imposed by this approval or imposed by law on this proj
challenged this approval shall be suspended as provided in Government Code 5 65913.5. If any such condition is determined to be invalid this approval shall be unless the City Council determines that the project without the condition complic
all requirements of law.
Approval of this request shall not excuse compliance with all sections of the :
Ordinance and all other applicable City ordinances in effect at time of building
issuance.
Approval of CT 89-39 is granted subject to the approval of MP-l77(B), LCPA 90-1
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90-2.
13. The applicant shall ann- the Aviara Phase Il open space areas into the Aviara
homeowneis association prior to final map approval.
The applicant shall prepare a detailed manufactured slope landscape and inigatic
which shall be submitted to and approved by the Planning Director prior to the is
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of grading or building permits, whichever occurs first,
15. A master plan of the existing onsite trees shall be provided to the Planning Director
of the final grading plan to determine which trees shall be required to be preserve
to the issuance of a grading pennit or a building permit, whichever occurs first.
All landscaped areas shall be maintained in a healthy and thriving condition, frc
weeds, trash, and debris.
Existing onsite trees shall be retained wherever possible and shall be trimmed
topped. Dead, decaying or potentially dangerous trees shall be approved for rem
the discretion of the Planning Department during the review of a Master Plan sul
showing existing onsite trees. Those trees which are approved for removal s
replaced on a tree-for-tree basis as required by the Planning Department.
The developer shall install street trees at the equivalent of @foot intervals al
public street hontages in conformance with City of Carlsbad standards. The trees I
of a variety selected from the approved Street Tree List.
Preliminary slope landscape plans shall be submitted.
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20. All landscape plans shall be prepared to conform with the Landscape Guidelines
and submitted per the landscape plan check procedures on file in the
Department.
Landscape plans shall be designed to minimize water use. Lawn and other zone
(see Landscape Guidelines Manual) shall be limited to areas of special visual im
or high use. ,Mulches shall be used and irrigation equipment and design shall
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water conservation,
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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 b
20.08.050 of the Carlsbad Municipal Code.
A landscape mitigation ph for the removal of mature trees shall be sub=
approval by the Planning Director prior to the issuance of grading permits.
As part of the plans submitted for building permit plan check, the applicant sha
a reduced version of the approving resolutionhesolutions on a 24" x 36" blueline
Said blueline drawing(s) shall also include a copy of any applicable Coastal Devl
Permit and signed approved site plan.
All conditions of %gated Negative Declaration Resolution No. 3150 are kc(
herein by reference.
Prior to final map approval for CX 89-37, the project applicant or their suc
interest shall enter into an agreement with the City to provide the Aviara Mas
proportional share of the Gtfs total obligation for very low, low and moderat
housing units.
This project is approved subject to the condition that the on-site scenic trail be co
by the Master Developer (Aviara Land Associates) concurrent with the devela
each of the individual planning areas in proximity to the trail.
I 29. The proposed permanent desiltation basiddetention basin within Planning Are, I be required to be landscaped subject to the review and approval of the Planning 1 29a (1) Prior to issuance of a grading permit the developer should present a letter t
of Carlsbad indicating that a qded paleontologist has been retained to
the resource mitigation. (A qualified paleontologist is defined as an indivi
a MS or PhD in paleontology or geology and who is famfiiar with pale01
procedures and techniques.)
(2) A q&ed paleontologist should be at the pregrade meeting to consult
grading and excavation conhacto~~.
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(3) A paleontological monitor should be onsite at all times during the original (
of previously mu &ex@ of the Santiago Formation, Del Mar Forn and Pleistocene marine terrace deposits to inspect cuts for fossils. (A paleonto
monitor is defined as an individual who has experience in the collection and s of fossil materials. The paleontological monitor should work under the direc
a qualified paleontologist)
(4) In the event that well-preserved fossils are discovered, the paleontoiog paleontological monitor) should be allowed to temporaxi€y direct, diva, 4
grading to allow recovery of fossil remains in a timety manner. Because
potential for the recovexbg of small fossil remains such as isolated teeth, it 1
necessaIy to set up a screen-washing operation on the site.
(5) Fossil remains collected during this salvage program, with the owner's pern should be deposited in a scientific institution with paleontological coUectioi
as the San Diego Natural History MUS~UIIL
(6) Following completion of the above conditions, a summary report of fi
(including a list of fossiliferous localities, a map showing localities, and co pertinent field notes) should be tumed in to the City of CarIsbad.
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En!$neering Conditions:
30. This project is located within the Mello I and the East Batiquitos Lagoon Local
Plans. All development design shall comply with the erosion conaol, drainaj
grading requirements of that plan.
Unless a standard variance has been issued, no variance from City Standards is aut
by virtue of approval of this tentative map.
The developer shall comply with all the rules, regulations and design requiremeni
respective sewer and water agencies regarding services to the project.
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The developer shall be responsible for coordination with S.D.G.&E., Pacific Telephc
Cable TV authorities.
This project is approved specifically as 1 (single) unit for recordation purposes.
All concrete terrace drains shall be maintained by the property owner. A note
effect shall be placed on an adtiiiional map sheet on the kal map.
Approval of this tentative tract map shall expire twenty-four (24) months horn 1 of City Council approval unless a final map is recorded. An extension may be re
by the applicant. Said extension shall be approved or denied at the discretion of Council. In approving an extension, the City Council may impose new conditions 1
revise existing conditions pursuant to Section 20.12.110(a) (2) Carlsbad Municipl
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37. Prior to approval of the final map the developer shall enter into an agreemeni City to pay any drainage area fees established as a result of the forthcomh
Drainage Plan Update.
The owner of the subject property shall execute a hold harmless agreement 38.
drainage across the adjacent property prior to approval of the find map for th
The applicant shall agree to utilize reclaimed water, if available, in Type I for
subject property in all common areas as approved by the City Engineer. Reclah
as defined in Section 1305(n) of the Porter-Cologne Water Quality Act (W
Section 13020 et.seq.), means water which, as a result of treatment of wast
suitable for a direct beneficial use or controlled use that would not otherwise
The subject property is within the boundaries of Assessment District No. 88-1 (A Upon the subdivision of land within the district boundaries, the subdivider
through assessments to subsequent owners & if the subdivider has executed
Assessment district Pass-Through Authorization agree men^ Said agreemen
provisions regarding notice to potential buyer of the amount of the assessment
provisionS and requires the subdivider to have each buyer receive and execute i
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Assessment and an Option Agreemen~ In the event that the subdivider does n
the Authorization Agreement, the assessment on the subject property must be : full by the subdivider prior to any subdivision of the land. -
41. As required by State law, prior to the recordation of a finat map over any of t
property, an application for segregation of assessments must be sub&(
subdivided lots. By applying for a segregation of assessments, the subdivider ag the fee to cover the costs associated with the segregatioa A segregation is nc
if the subdivider pays off the assessment on the subject property prior to the r
of the final map. In the event a segregation of assessments is not recorded an
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is subdivided, the full amount of assessment will appear on the tax bills of eat
No grading permits shall be issued for this subdivision prior to recordation c
map unless otherwise approved by the City. 42.
43. Based upon a review of the proposed grading and the grading quantities sho
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grading work in substantial conformance with the approved grading plans.
The developer shall include topsoil preservation and rollback and redisking 44.
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j 45. Prior to issuance of the grading permit temporary runoff control devices shall
along the lagoon buffer to the satisfaction of the City Engineer.
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23 approval of the City Ehginee.r and Planning Director. The topsoil shall be roll
a depth of six inches from approved areas. The soils shall be stoclrpiled c
24 protected against erosion to the satisfaction of the City Engimez and Plannjnj
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46. The developer shall obtain a grading permit prior to the commencement of any C or grading of the site.
Upon completion of grading, the developer shall ensure that an "as-graded" geoiog be submitted to the City Engineer. The plan shall clearly show all the geology as e
by the grading operation, all geologic corrective measures as actually constructed an
be based on a cpntour map which represents both the pre and post site grading. "I
shall be signed by both the soils engineer and the engineering geologist. The pk
be prepared on a mylar or similar drafting film and shall become a permanent re
No grading shall occur outside the limits of the subdivision unless a grading c
easement is obtained from the owners of the affected properties. If the deve'
unable to obtain the grading or slope easement, he must either amend the tentat
or change the slope so grading will not occur outside the project site in a manne
substantially conforms to the approved tentative map as determined by the City E
and Planning Director. A copy of these easements shall be submitted to the City
the sale of any of these lots or prior to submittal of a grading plan, whichever occi
A separate grading plan shall be submitted and approved and a separate gradin;
issued for the borrow or disposal site if located within the city Iknits.
Prior to hauling dirt or construction materials to any proposed consauction site wi
project the developer shall submit to and receive approval from the City Enginee
proposed haul route. The developer shall comply with all conditions and requiren
City Engineer may impose with regards to the hauling operation.
The developer shall exercise special care during the construction phase of this p
prevent offsite siltation. Planting and erosion control shall be provided in accord:
the Carlsbad Municipal Code and the City Engineer. Reference Chap 11.06.
The developer shall construct desiltation/detention basins of a type and siz
locations as approved by the City Engineer. The developer shall enter into a d
basin maintenance agreement and submit a maintenance bond satisfactory to
Engineer prior to the approval of grading, building permit or final map which evc
first for this project. Each desiltation basin shall be serviced by an al;
access/maintenance road. The provisions of this agreement shall apply to a
borrow sites which may be utilized in the construction of this project as require
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I City Engineer.
53. Additional drainage easemem and structures may be required prior to the is
grading permit. Drainage structures shall be installed prior to issuance of buildi
as may be required by the City Engineer.
All utility lines shall be sized to &ow maximum development in each plannir
The developer shall design and install any checkdams as required by the City I
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specified in MP-l77(B).
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56. The developer shall place the following note on a separate sheet of the final mal
3 and 4:
Geotechnical Caution:
The owner of this property on behalf of itself and all of its successon in in1
agreed to hold harmless and indemnrfy the City of Carlsbad from any action that
through any geological failure, ground water seepage or land subsidence and su damage that may occur on, or adjacent to, this subdivision due to its con
operation or maintenance.
Any encroachment throughout construction into deed restricted or undisturbed 01
for the purpose of grading will require an amendment to the tentative map and
of the California Coastal Commission. A note to this effect shall appear on
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grading Plan.
Prior to the commencement of any grading activities, the develope shall fence ofr
restricted and undisturbed open space to the satisfaction of the City Enginee~
Planning Director. A note to this effect shall appear on the final grading plans
The final geotechnical recommendations and stability calculations may be SUI third party review paid for by the developer.
The developer shall install monitohg devices during buttress construction nea
structures. These monitoring devices shall act as an early warning should th landslides begin to move. A note to this effect shall appear on the grading pla;
During buttress excavation, sufficient soils shall be available within a "short-haul
to quickly refill the buttress after the slideplane is exposed A note to this ef
appear on the grading plan.
The developer shall make an offer of dedication to the City for all public st
easements required by these conditions or shown on the tentative map. The c
granted to the City free and clear of all liens and encumbrances and without CI
City. Streets that are already public are not required to be rededicated.
Lot 5 and Lot 6 shall be connected by a public street other than Batiquitos
indicated on the tentative map. A note to this effect shall be placed on an additi(
sheet on the final map per the provisions of Sections 66434.2 and 6644
Subdivision Map Act
Lot 11, an open space lot shall be deeded over to the Aviara Resort Association c(
with final map recordation per the agreement between the developer and tl
Resort Association. Lot 11 is a non-buildable lot. A note to this effect shall be 1
an additional map sheet on the final map per the provisions of Sections 664
66445 of the Subdivision Map Act.
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be made by a certificate on the final map for this project. All land so offerec
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65. Lot 10 is for public utility p\nposes only- A note to this effect shall be placed t
additional map sheet on the final map per the provisions of Sections 6M342 and t of the Sybdiyision Map Act
Emergency access to Daisy Avenue shall be proded from Lot 8. A note to this ef€m be placed on an additional map sheet on the final map per the provisions of %
664342 and 66945 of the Subdivision Map Act. The Security gate shall be located
subdivision boundary and be provided with %ox' key operated ovdde swit
specified by the Fire Department The design of the gate shall be subject to the ap
of the Fire Marshal and the Planning Director.
Direct access rights for all lots abutting Alga Road, Batiqdtos Drive and Kestrel
waived on the final map.
Prior to approval of any grading or building pennits for this project, the owner slx
written consent to the annexation of the area shown within the boundaries of the si
into the existing City of Carlsbad Street Lighting and Landscaping District No. 1. TI
shall be provided by the City during the improvement plancheck process.
Runoff from this project is conveyed to environmentally sensitive areas. The suk
shall provide adequate means of eliminating grease and oils from drainage I
discharge. Plans for such improvements shall be approved by the City Engineer 1
issuance of grading or building permit.
Plans, specifications, and supporting documents for all improvements shall be preE
the satisfaction of the City Engineer. Prior to approval of the final map in accc with City Standards the Developer shall install, or agree to install and secL
appropriate security as provided by law, improvements shown on the tentative I
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except those entrances for ingress and egress as noted on the tentative map, SI
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the following improvements:
A. Full street improvements for Kestrel Drive and Batiquitos Drive wit
subdivision.
Imgation systems to accommodate reclaimed water shall be designed cc
with Title 17 of the California Administrative Code. This system shall be
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to the approved entrances of each Planning Area to minimize futu~
excavation.
Alga Road to major arterial standards or better from Mimosa Street to El
Real to the satisfaction of the City Engineer. This obligation may be sh2
other projects having a similar condition to the satisfaction of the City E
Batiquitos Drive offsite to the west to full secondary arterial standarc
improved section of existing Batiquitos Drive. An AC median may be prc
lieu of a landscaped median.
C.
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E. Landscape and provide irrigation for onsite median in Batiquitos Dr
satisfaction of the Planning Director and the City Enpineex.
A note to this effect shall be placed on an additional map sheet on the final m provisions of Sections 66434.2 and 66445 of the Subdivision Map Act.
Improvements listed above shall be constructed within 18 months of final ma] and/or improvement plan approval. 71.
72. Some improvements show the tentative map and/or required by these conc
located offsite on property which neither the City nor the subdivider has suffici
interest to permit the improvements to be made without acquisition of title t
The Developer shall conform to Section 20.16.095 of the Carlsbad Municipal
All utilities including but not limited to, water, electric, cable T.V., storm drain and Pacific Telephone shall be designed and installed to the approved entran(
of the Planning Areas to limit future asphalt cuts.
Prior to the issuance of building permirs for lots created in the further subdivisi
3 and 4, a deed disclosure shall be placed on the deed to these properties. %
be worded to the satisfaction of the City Enpineex, Planning Director and Cit
The deed shall contain wording notifying all interested parties and successom
that soils and geologic conditions exist on such property requiring remedia
specified in geotechnical and soils reports submitted for this project and that
Planning Department The developer has been conditioned to comply with su(
measures and certifies that it (developer) has complied with said measures.
Lot 10 shallbe renumbered Lot 1 and Lot 11 shallbe renumbered Lot 2. K
and Batiquitos Drive are dedications for public streets and therefore shall n
numbers. These changes shall be shown on the approved tentative map myl;
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and geotechnical reports and other project details are on me with the City (
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Fire Conditions:
76. Additional public and/or onsite fire hydrants shall be provided if deemed nece
Fire Marshal.
The applicant shall submit two (2) copies of a site plan showing locations of E
proposed fire hydrants and onsite roads and drives to the Fire Marshal for apl
to issuance of a building permit.
An all-weather access road shall be maintained throughout construction.
All required fire hydrants, water mains and appurtenances shall be operatio
combustible building materials being located on the project site.
Proposed security gate systems shall be provided with "Knox" key operated ovei
as specified by the Fire Department.
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Fire retardant roofs shall be required on all structures.
Brush clearance shall be maintained according to the specifications contained in t
of CarMad Landscape Guidelines Manual. Applicant will be required to su
landscape plan which confonns to fire suppression requirements of City Landscape
prior to approval of site improvement plans.
All fire alarm syi-tems, fire hydrants, extinguishing systems, automatic sprinklers, an
systems pertinent to the project shall be submitted to the Fire Department for a]
prior to constxuction.
Building exceeding 10,000 sq. ft. aggregate floor area shall be sprinklered.
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Water District Conditions:
85. Prior to final map approval, the entire potable and non-potable water systedsystl
subject project shall be evaluated in detail to ensure that adequate capacity and p
for domestic, landscaping and fire flow demands are met.
The developeis engineer shall schedule a meeting with the District Engineer and t
Fire Marshal and review the preliminary water system layout prior to preparatior
water system improvement plans.
The developer will be responsible for all fees and deposits plus the major facility which will be collected at time of issuance of building permit.
hior to final map approval, the developer% engineer must revise the water mastt
for both systems so as to agree with Phase II tentative maps.
The developer and the District must resolve the water pressure problems in tl
potable system in Phase II prior to the issuance of grading permits.
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Utilities:
90. This project is approved subject to the condition that drawing numbexs for existing
be included on improvemat plans. I
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91. This project is approved subject to the condition that easements for City maintaine
lines must have an all weather access road.
GrowthManazemm
92. Approval of this subdmision map is contingent upon the provision of adequata
facilities to satisfy the Public Facilities Element of the General Plan. At this time I
Roos Community Facilities Dhkt is proposed to finance the construction of
citywide faciilities necessary to serve new development. If the Mello-Roos Con
Facilities District is not formed, or if the Community Facilities District is formed within that District, the required Gena subject properties are not partlrrpanrs ..
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Consistency finding cannot be made. Therefo~, no final map can be approved UI
Citywide Mdo-Roos District is formed or an alternate finan& mechanism is i by the-developer and approved by the City Council to finance the facilities legal
applicable to Zone 19 that would have been or are included in the Community I
Dimkt For the purpose of this condition the M~+Roos District will be consif
be formed following an affirmative vote of the property ownen plus a 3Oday p
premibed bylaw to provide for any protest regarding the formation of the Dish
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Con
of.the City of Carlsbad, California, held on the 19th day of December, 1990, by the follow
to wit:
AYES: Chairperson Schramm, Commissioners: Schlehuber, Holmes, Erwin, h
Hall.
NOES: None.
ABSENT: Commissioner McFadden.
ABSTAIN: None.
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SHARON SCHRAMM,
CARLSBAD PLANNING COMMISSION
ATTEST:
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MICHAEL J. HOLZMILYER PLANNING DIRECTOR
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PLANNING COMMISSION RESOLUTION NO. 3152
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
&ITUSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
THE EXISTING LOCAL COASTAL PROGRAM TO MODIFY PLANNING
AREAB,OUNDARIES AND REVISE DEVELOPMENTSTANDARDS FOR
RESIDENTIAL, PLANNING AREAS 25, 26,27, 28, 29 AND 30, AND
TO CHANGE PERMTIED PRODUCT TYPES FROM MULTIPLE
FAMILY TO SINGLE FAMILY WITHIN PLANNING AREAS 26 AND 30
TO ENSURE CONSISTENCY BETWEEN THE GENERAL PLAN,
MASTER PLAN 177 AND THE LCP, ON PROPERTY GENERALLY
LOCATED NORTH OF BATIQUITOS LAGOON, SOUTH OF ALGA
ROAD AND WEST OF AvlARA PHASE I.
LOCAL COASTAL PROGRAM AMENDMENT (LCPA 90-5) TO AMEND
6.
LCPA 90-5 - AVIARA PHASE I1
WHEREAS, California State Law requires that the Local Coastal Prograrr
Plan, and Zoning for properties in the Coastal Zone be in conformance; and
WHEREAS, MP-177 constitutes the zoning for the Aviara Master Plan; ar
WHEREAS, a verified application for an amendment to the Pacific Rim Cot
and Resort (Aviara) Master Plan (MP-177) Local Coastal Plan has been filed with the
Department; and
WHEREAS, said verified application constitutes a request for an amer
provided in Title 21 of the Calsbad Municipal Code; and
WHEREAS, the amendment to the Master Plan necessitates an amendm
Local Coastal Program (LCP) to ensure conformance between the regulatory documents I
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WHEW, the City in compliance with State Administrative regulations
six week public review for the proposed LCP amendment; and
WHEREAS, the Planning Commission of the City of Carlsbad, on Decembc
held a public hearing to consider the recommendations and heard all persons intere
opposed to Local Coastal Program Amendment LCPA 90-5; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Cods
City of Carlsbad, California, as follows:
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That the above recitations are true and correct.
That the proposed LCP amendment is consistent with the proposed
Plan Amendment No. MP-l77(B)
3. That, because the Pacific Rim Counay Club & Resort Master Plan (L
is the implementing ordinance of the Local Coastal Program, the findings and conditl
Planning Commission Resolution No. 3151, incorporated herein by reference constitute the f
of the Planning Commission in this matter, and the amendment to the Local Coastal Progranr
90-5, is hereby recommended for APPROVAL.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the P’
Commission of the City of Carlsbad, California, held on the 19th day of December, 1990
following vote, to wit:
AYES: Chairperson Schramm, Commissioners: Schlehuber, Holmes
Marcus & Hall.
NOES: None.
ABSENT: Commissioner McFadden.
ABSTAIN: None.
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SHARON SCmM,
CARLSBAD PLANNING COMMISSION I
ATTEST:
PLANNING DIRECTOR
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PLANNING COMMISSION RESOLUTION NO. 3154
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAC
CALIFORNIA, RECOMMENDING APPROVAL OF A HILLSIDE DEVELOPMEN'
PERMIT ON PROPERTY GENERALLY LOCATED NORTH OF BATIQUITO
LAGOON, SOUTH OF ALGA ROAD AND WEST OF AVIARA PHASE 1.
CASE NAME: AVIARA PHASE I1
CASE NO.: HDP 90-2
WHEREAS, a verified application for certain property to wit:
Portion of Sections 22,26,27,28,33 and 34 in Township 12 south, Range 4 wer
in the City of Carlsbad,
has been filed with the City of Carlsbad and referred to the Planning Commission; an(
WHEREAS, said verified application constitutes a request as provided by Title
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 19th day of December, 1990
said request; and
WHEREAS, at said hearing, upon hearing and considering all testimony and a
if any, of all persons desiring to be heard, said Commission considered all factors relat
Planning Commission Determination; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission #
That the foregoing recitations are me and correct.
That based on the evidence presented at the public hearing, the Commission re
APPROVAL of HDP 90-2, based on the following findings and subject to the
conditions :
A) ' B) I
Findins:
1.
2.
AU findings of CT 89-37, Resolution No. 3153 are incorporated herein by reff
The project complies with all of the development and design provisions of 1
ordinance.
3. The net grading amounts of 7,400 cubic yards per acre falls within the accep
required by the City Hillside Development Ordinance.
The project: (1) preserves lagoon views for offsite residences, (2) preserves
environmental resources in open space and (3) incoprates contoured anc slopes into the grading proposal
4.
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6.
The project does not encroach into major 40% slope areas.
Althuugh the project does create *e manufactured slopes which exceed 30 feet
all of these slopes are exempted andlor mitigated consistent with the Hillside C
Conditions:
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1. All conditions of (JT 89-37, Resolution No. 3153, and the Mitigated Negative D
Resolution No. 3150, are incorporated herein by reference.
Approval is granted for HDP 90-2, as shown on Exhibits "J" - "9, dated Novembc
incorporated by reference and on file in the Planning Department Develop1
occur substantially as shown unless otherwise noted in these conditions.
&prod of HDP 90-2 is granted subject to the approd of a 89-37.
.2.
3.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning C
of the City of Carlsbad, California, held on the 19th day of December, 1990, by the follc
to wit:
AYES: Chairperson Schramm, Commissioners: Schlehuber, Holmes, Erwin,
Hall.
NOES: None.
ABSENT: Commissioner McFadden.
ABSTAIN: None.
2 I SHARON SCHRAMM,
CARLSBAD PLANNING COMMISSION
ATTEST:
PLANNING DIRECTOR
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