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Home My WebLink About1992-03-10; City Council; Resolution 92-78* P" I om sum 22' g3og oug2 gofSs GC+ "l*8 LL 'ai *mu E$&- &urn0 zQ$s 'kg? go E% aaab _rz 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 II 0 e RESOLUTION NO. 92-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A NEGATIVE DECLARATION AND TENTATIVE SUBDIVISION MAP (CT 90-38) FOR A 68 LOT SINGLE FAMILY RESIDENTIAL PROJECT ON 28.9 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE ALGA ROAD AND KESTRAL DRIVE INTERSECTION APPLICANT: AVIARA PLANNING AREA 26(N) CASE NO: CT 90-38 WHEREAS, on December 4, 1991 the Carlsbad Planr Commission held a duly noticed public hearing to conside proposed Negative Declaration and Tentative Subdivision Map CT 38 for a 68 lot single family residential project and ado] Resolutions Nos. 3313 and 3314 respectively, recommending to City Council that the Negative Declaration and Tentad Subdivision Map CT 90-38 be approved: and WHEREAS, the City Council of the City of Carlsbad, March 3, 1992 held a public hearing to consider the recommendat and heard all persons interested in or opposed to CT 90-38; a WHEREAS, a Negative Declaration was issued on Augus 1991 submitted to the State Clearinghouse for a 30 day re period. All comments received from that review period are f incorporated into the conditions of approval for the tentative and other project approvals. These conditions will be revi through a monitoring program set up for the project. NOW, THEREFORE, BE IT RESOLVED by the City Council 01 City of Carlsbad, California, as follows: 1. That the above recitations are true and correct 2. That the negative declaration on the above referc project is approved and that the findings and conditions of ~ - r 1 2 3 4 5 6 7 8 9 10 11 OaJ 395 <gag &Eo3 OLU goaa sg-u jz ox gwmo yB20 ZO$$ 'kg3 ri -ai >ma &E: 12 13 14 15 16 17 - 18 19 20 21 22 23 24 25 26 27 28 e W Planning Commission contained in Resolution No. 3313 marked Exhi A attached hereto are the findings and conditions of the C Council. 3. That the tentative subdivision map of this proj (CT 90-38) is approved and that the findings and conditions of Planning Commission contained in Resolution No. 3314 marked Exhi B and attached hereto are the findings and conditions, with exception of the deletion of Condition No. 52, of the City Counc PASSED, APPROVED AND ADOPTED at a Regular Meeting of City Council of the City of Carlsbad on the loth day of Mar 1992, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Stanton & Nygaa NOES: None ABSENT : None ATTEST : (SEAL) Y r - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 15 16 17 18 I I I 19 \I 20 21 22 23 24 25 26 27 28 0 0 PWWNING COMMISSION RESOLUTION NO. 3313 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY C CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A NEGATI\ DECLARATION FOR A TENTATIVE TRACT MAP FOR PLANNING ARE 26(N) OF THE AV" MASTER PLAN. CASE NAME: AM PLANNING AREA 26(N) CASE NO: CT 90-38 WHEREAS, the Planning Commission did on the 4th day of December, l! a duly noticed public hearing as prescribed by law to consider said request, ar WHEREAS, at said public hearing, upon hearing and considering all testir arguments, examining the initial study, analyzing the information submitted by considering any written comments received, the Planning Commission consi factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Corn follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission hereby recommends APPROVAL of the Negative Declaration to Exhibit "ND', dated August 1 , 1991, and "PII", dated July 24, 1991 j hereto and made a part hereof, based on the following findings: FindinES: 1. The initial study shows that there is no substantial evidence that the pr have a significant impact on the environment. 2. The streets are adequate in size to handle traffic generated by the project. 3. The proposed project site has already been reviewed under Ma EIR 83-2(A) and the Mitigated Negative Declaration for the Aviara Phasc Tentative Map (CT 89-37) and as designed, the project implee: recommended mitigation measures of said EIR 83-2(A), and Mitigated Declaration. w - 4. The project will preserve in open space the previously deed restricted and coastal habitat areas. 4 I. /I .. 2 PASSED, APPROVED, AND 'ADOPTED at a regular meeting of tie Planning 3 by the following vote,'to wit: 4 Commission of the City of Carlsbad, California, held .on the 4th day of December, 1991, 5 6 & Hall. AYES: Chairman Holmes, Commissioners: Schlehuber, Savary, Erwin, Noble ., 7 11 NOES: None. 8 /I ABSENT: Commissioner, Schramm. 9 II I, ABSTAIN: None; 10 11 3 ,. jn, . ' z,." '1' I :. _.. .,::I . 1, . !! ., , .. $3 !! :,;"".r 1: !? ,II $.,; i. .. > .'. .5: ,); 1 . ... i i!L/ : g-" 12 .( ;i ,i-: 'w "RdBER<h%L%ES, Chairperson CAEUSBAD PLANNING COMMISSION 18 19 2o I .21 22 23 . 24 25 i 26 27 28 PC RES0 NO. 3313 I/. -2- .. w * t, NEGATIVE DECLAMTION PROJECT ADDEWLOCATION: Planning Area 26 North within Phase 11 of the Aviara Master Plan. Southside of Alga Road between Phase t and proposed Kestral Drive. PROJECT DESCRIPTION: A tentative map involving the grading and subdivision of a 28.9 acre site for 68 single family homes on 7,500 square foot minimum lots. The City of Carlsbad has conducted an environmental review of the above described projecl pursuant to the Guidelines for Implementation of the California Environmental Quality Acr and the Environmental Protection Ordinance of the City of Carlsbad. As a result of saic review, a Negative Declaration (declaration that the project will not have a significanr impact on the environment) is hereby issued for the subject project. Justification for thi: action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from tht public are invited. Please submit comments in writing to the Planning Department withir 30 days of date of issuance. If you have any questions, please call Eric Munoz in thf Planning Department at 438-1161, extension 4441. DATED: AUGUST 1, 1991 MICHAEL J. HOLZM~LER CASE NO: CT 90-38 Planning Director APPLICANT: AVIARA LAND ASSOCIATES PUBLISH DATE: AUGUST 1, 1991 EM:k 2075 Las Palmas Drive Carlsbad, California 92009-4859 * (619) 438-1 16 ,. * NOTICE OF COMPLETION - MalI to: State Clearinghouse, 1400 '. Street, Rm. 121, Sacramnro, CA 9581(. . 9Y= 1_._ Sa? YOTE Bclau Project Title: CT 90-38 - Aviara Ptaminq Area 26 - Uorth Lead Agmy: City of Carlsbad Cmtact Person: Eric kmoz Street Adress: 2075 La8 Palms Drive Phm: (619) L38-1161. Ext. CLLl City: Carlsbad Zip: 92009 County: San Diego PCLOJECT LouTIm: ......................................................... County: San Oieso City/Uearest Ccmnnity: Carlsbad Cross Streets: Alqa Road & Kestrak Drive Total Acres: 28.9 Assessor's Parcel No. 215-010-23 Sect i on: Twp. Range: Uithin 2 Miles: State Hwy 1: Interstate 5 Uaterways: Batiwitos Laqoon/Pacific Ocean Airports: Palomar Railways: AT& Schools: & ~~~~~~~~~~~~~~~~~~~~""~"""""""""""""~"""""~"~"""""~"""""""""~"""""""". MxllllEYT TYE CEQA: - NW - swierrnt/subscqucot YEPA: - NO I OTHER: - Joint 0 - Early Cons - EIR (Prior SCH No.) EA Final D - Draft EIS - Other - x Neg Dec - Other - - - Draft EIR FWSI - ___________.________""""""""""""""""""""""".""""""""""""""""""""""~ - LaXL AcTlQl 11- - Generat Plan UpdBte - Specific Plan Rezone AtVWX Prezone Redev General Plan ELmt Planned Unit Deveiopnent - Use Permit - Coast C-ity Plan Site Plan - X Land Division (Subdivision, - Other Parcel Map, Tract Map, etc.) - General Plan Amerrhmt - Master Plan - - - - - - - I_ ___"____""_"_""."""""""""""""""""""""""""""""""""."""""""""""- o€vELawEYT TVE X Residential: Units 68 Acres 28.9 - Uater Facilities: type Transportation: Type Pocnr: Uaste Treatment: Type Hazardws Uastc: Type Office: Sq. Ft. Acres Enpl oyees Industrial: Sq. Ft. Acres Elrploytts Educational Recreational - I_ - Carmerciat: Sq. Ft. Acres EwW- .-, Mining: Mineral - - - - - fm - - - - - ~. Other: - "."""""".""___________________I."""""""""""""""""""""""""""""""""""~. PROJECT ISfllES OISCUSSU) IN WQWEYT - X Aesthetic/Viswl - Agricultural Land - Air Quality - Archeeological/Historical - X Coastal Zw - DraiMge/Absorption - Econani c/ Jobs - Fiscal - Flood PLain/Ftooding - Schools/Ubiversities Uater Forest LaWFire Hazard - Gcologic/Scismic - - Sewer Capacity Grou - Hinrals - X Soil Erosion/Ca?paction/Grading - Uctla - PoplatiWHousing 8alance - loxic/lirzardaus Grout Lad Y-ctati on - Curul Other - - Septic systims Uarer - NOi $8 - Solid uaste - Yi Ldl - Ptblic Services/Faciliticr - Traffic/Clrculrtion Recreation/Parks - - - - - - """""""""""""""""""""""""""""""""~.""".""""""""""""""""..". Present Lad Use/Zanirrg/Crrrat Plm UW Currently vacant land within the Avirra Master Plan. Zoning is Plamed Camrnity (PC) and the Cmral Pta Residential Lou Mdiu (RLW) uhich atlous single family residences. """""""""""""""".""""""""""""""""""""""""".""""""""""-""--. Project Oacriptim A tentative lnap involving the grading and saivision of r 28.9 acre site for 65 single family hm on 7, mininun lots. W: Clearinghouse will assign i&ntificrtim nrkrs for rtt m projects. If r scn nrrkr alre.dy exists fa fran a Notice of Prep8rrtian or previous draft docurant) pieare fill it in. Re\ EUM: vd ENVTRON t NTAL IMPACI' ASSESSMENT FO #- PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) BACKGROUND CASE NO. CT 90- DATE: JULY 2' 1. CASE NAME; AVTARA PA 26 NORTH 2, APPLICANT: AV[ARA LAND ASSOCIATES 3. ADDRESS AND PHONE NUMBER OF APPLICANT: PAUL KLUKAS - CONTACT 2011 Paiomar Aimort Road, Suit, Carlsbad. CA 92009 4. DATE EIA FORM PART I SUBMITTED: DECEMBER 11, 1990 5. PROJECT DESCRIPTION: A tentative maD involving the mading - and subdivision of a site for 68 sinnle familv homes on 7.500 suuare foot minimum lots. ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City co Environmental Impact Assessment to determine if a project may have a signrficant effect on the env The Environmental Impact Assessment appears in the following pages in the fonn of a checklist. Thi 8 identifies any physical, biological and human factors that might be impacted by the proposed p provides the City with information to use as the basis for deciding whether to prepare an Envi Impact Report or Negative Declaration. * A Negative Declaration may be prepared if the City perceives no substantial evidence that the any of its aspects may cause a significant effect on the environment. On the checklist, "NO' will 1 to indicate this determination. * An EIR must be prepared if the City determines that there is substantial evidence that any as project may cause a Simificant effect on the environment. The project may qualifv for Declaration however, if adverse impacts are mitigated so that environmental effects can insimificant. These findings are shown in the checklist under the headings 'YES-sig" and respectively. A discussion of potential impacts and the proposed mitigation measures appears at the end of the DISCUSSION OF ENVIRONMENTAL EVALUATION. Particuiar attention should be given to mitigation for impacts which would otherwise be determined sisnificant. PHYSICAL ENVlR &ENT . WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: 1. Result in unsrable earth conditions or increase the exposure of people or property to geologic hazards? ,' 2. Appreciably change the topography or any unique physical features? 3. Result in or be affected by erosion of soils either on or off the site? 4. Result in changes in the deposition of beach sands, or modification of the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? 5. Result in substantial adverse effects on ambient air quality? 6. Result in substantial changes in air movement, odor, moisture, or temperature? 7. Substantially change the course or flow of water (marine, fresh or flood waters)? 8. Affect the quantity or quality of surface water, ground water or public water supply? 9. Substantially increase usage or cause depletion of any natural resources? 10. Use substantial amounts of fuel or energy? 11. Alter a sigmlicant archeological, paleontological or historicai site, structure or object? -2- w YES big) - - - - - - - - - - - YES (insig) - - - - - - - - - - - NO X X X X - X X X - X - X X - - X - ~IOLOGICAL ENVIRONMENT- WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES (si& (insig) 12. Affect the diversity of species, habitat or numbers of any sppcies of plants (including trees, shrubs, grass, inicroflora and aquatic plants)? 13. Introduce new species of plants into an area, or a barrier to the normal replenishment of exisring species? - - - - 14. Reduce the amount of acreage of any agricultural crop or affect prime, unique or other farmland of state or local importance? - - 15. Affect the diversity of species, habitat or numbers of any species of animals (birds, land animals, all water dwelling organisms and insects? - - 16. Introduce new species of animals into an area, or result in a barrier to the migration or movement of animals? - - HUMANENVIRONMENT WIU THE PROPOSAL. DIRECTLY OR INDIRECTLY: 17. Alter the present or planned land use of an area? 18. Substantially affect public utilities, schools, police, fire, emergency or other public services? YES YES (si@ (iNig) - - - - -3- NO X x - X X X NO X - X - HUMAN ENVIRONMENT - WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: 19. Result in the need for new or modified sewer systems, solid waste or hazardous waste control systems? 20. [ncrease existing noise levels? 21. Produce new light or glare? 22. Involve a significanr risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation)? 23. Substantially alter the density of the human population of an area? 24. Affect existing housing, or create a demand for additional housing? 25. Generate substantial additional traffic? 26. Affect existing parking facilities, or create a large demand for new parking? 27. Impact existing transportation systems or alter present patterns of circulation or movement of people and/or goods? 28. Alter waterborne, rail or air traffic? 29. Increase traffic hazards to motor vehicles, bicyclists or pedestrians? 30. Interfere with emergency response plans or emergency evacuation plans? 31. Obstruct any scenic vista or create an aesthetically offensive public view? 32. Affect the quality or ,quantity of existing recreational opportunities? 4 w YES - - - - - - - - - - - 7 - - YES (sig) - - - - - - - - - - - - - - NO (inslg) X X X - - - X - X - X X - - X - X X - - > - 1 - 7 1 - 1 1 - MAI8kTORY FINDINGS OF SIGNIF&cE . WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: 33. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat o€a fish or wild- life species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or en- dangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. 34. Does the project have the potential to achieve short-term, to the dis- advantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relarively brief, definitive period of time while long-term impacts will endure well into the future.) 35. Does the project have the possible environmental effects which are in- dividually limited but cumulatively considerable? ("Cumulatively con- siderable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) 36. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? YES YES NO (sip) (insia) X - - - X - - - x - - - E - - - -5- IS CUSS ION OF ENVIRONMENT&VALUATION 0 -The proposed project involves the fish grading (4,100 cubic yards) of a previously mass-gr; construction of residential streets, drainage and other infrastructure, and tentative subdivision of Area 26(N) of Aviara Phase 11, The tentative map includes 68 single family residential lots on minim sq. ft. lot areas. Four open space lots are also proposed over the 28.9 acre site. The area proposed for finish grading has been previously graded per subdivision map CT 85 encroachment into previousLy designated open space areas are proposed by the project. it is located anticipated for residential development per the City's General Plan, and the Local Coastal Progra affected area. For this environmental analysis, staff conducted several field trips to the subject property and rev Pacific Rim Country Club and Resort Master Plan Environmental Impact Report (EIR 83-2(A) Mitigated Negative Declararion for Aviara Phase II Master Tentative Map which already covered this In that: (1) the proposed project site has already been reviewed under the Master Plan EIR 83-2(, Mitigated Negative Declaration for Aviara Phase 11 (CT 89-37), (2) as designed, the project imp11 recommended mitigation measures of EIR 83-2(A) and the Phase I1 Mitigated Negative Declaratio the project will preserve in open space the previously deed restricted coastal habitat areas, no envi impacts are anticipated. Physical Environment 1. The project is a previously graded site containing no unstable earth conditions as discussed i Report for CT 89-37. 2. Relatively minor topographic changes will result from the project. The site acreage is 28.9 2 of which is developable (23.5 acres). Only 4,100 cubic yards of balanced earthwork are prop equates to approximately 142 cu/yds of soil movement per gross acre. Such minor topograph are not considered to be sigdicant. 3. Drainage and erosion control facilities will be incorporated into the project to adequat potential soil erosion impacts. A downstream permanent desiltation basin has been con! Planning Area 28. 4. Potential erosion impacts to Batiquitos Lagoon will be adequately mitigated as discussed i: #3 above. 5. Construction emission and minor fugitive dust generation impacts associated with project g considered short term and insignificant. Dust generation can be adequately controlled throug operations. Air quality impacts associated with future development of housing upon this considered significant in itself. Long term full mitigation of regional air quality impacts will r dependence upon the automobile be reduced regionally and statewide. 6. In that no structural development is proposed at this time, impacts to air movement are not a Air quality impacts from dust generation can be adequately controlled through watering during project grading. -6- DISCUSSION OF ENVIRONMENm EVALUATION cont'd 0 * - 7. This project will not change the come or flow of water as no streams are located in the immed and all drainage waters will be handled by proposed drainage facilities. 8. Development of this project (tentative map grading and road construction) will create im surfaces which would reduce absorption rates and incrementally increase runoff velocities. E to accommodate this increased runoff, drainage facilities will be incorporated into this prc future residential deyeiopment upon the site, thereby mitigating this concern. 9. No inordinate depletion of any natural resources is anticipated by the subdivision, grad construction of infrastructure proposed by this project. 10. No significant impact as discussed in #9 above. 11. A thorough archaeological Iesting of the area was conducted in 1987 as part of EIR 83-2 prehistorically or historically signtficant sites were discovered within the project area. An arch and a paleontological expert will be present during the Phase 11 mass grading to monitor ope] an effort to preserve any uncovered objects. 12. Surface disturbance and grading for the project will not encroach into any native habitat are: not affect the onsite coastal deed restricted biological areas. 13, No impacts to the above mentioned coastal deed restricted areas are anticipated in th; landscaping proposed adjacent to this habitat shall be required to be compatible and non-in 14. As stipulated in the Master Plan, the conversion of agricultural lands shall be permitted upon of agricultural conversion fees. In accordance, the project applicant has already paid to Coastal Conservancy agricultural mitigation fees required for the development of the projec, 15. As discussed in #12 above, the previously deed resmcted coastal sage habitat will be mair open space. Accordingly, no significant impacts to habitat or species are anticipated. 16. No new animal species or migration barrier will occur as a result of the project, as further in #12 above. Human Environment 17. Development of this project will. be consistent with the General Plan, Master Plan 177 and I LCP. The land uses proposed will be internally compatible as well as being compatible wid uses. 18. As discussed in the Zone 19 Local Facilities Management Plan, with the payment of all fee implementation of all improvement conditions (i.e. upgrading of the Batiquitos sewer pum construction of Alga Road and Batiquitos Drive), all public facilities and services will be at meet the demands of the future development of 68 single family residences proposed on the PI No adverse impacts should result. -7- M-DISCUSSION OF ENVIRONMEN 8 EVALUATION cont'd B I 19. Although this Tentative Map does not propose any actual residential development, any subs dwelling unit construction onsite shall not be permitted until the Batiquitos Sewer pump Sta upgraded. 20. Construction of the project (grading and road development) may result in minor short term big construction noise impacts upon smounding existing and proposed residences. Otherwise, the residential uses on the subject property will be acoustically compatible with surrounding existi future residential uses. A noise study was completed to assess the potential noise impacts fro Road. The report concluded that exterior noise mitigation may only be required if SecOn balconies face Alga Road. It also specified which lots of the proposed subdivision wouId mechanical ventilation if second story stmctures were built. A detailed noise study will be cor during the required discretionary review of any proposed development, 21. Future lighting utilized onsite will be directed so as to not impact adjacent future views. 22. Because this is a residential project, it will not involve a significant risk of an explosion or the of hazardous substances. 23. The proposed density of the project results in 2.35 ddac. This is in compliance with the Mastc anticipated 2.35 du/ac. 24. The project will provide additional housing units to meet existing demand. 25. A total of 680 average daily vehicle uips will be generated by the project which will not sign impact the circulation system as discussed in EIR 83-2(A) and GMP 19. 26. The demand for parking facilities created by this project will be satisfied onsite. Two garage sp; be provided for each unit and adequate on street guest parking will be provided throughout the 27. The additional 680 ADT generated by the project will be accommodated by the existing and circulation network. This minor increase in traffic is not considered significant. 28. The project site is outside of'the Airport Mluence Area for Palomar Airport. 29. The project, as designed, will not cause conflicts at its intersections with Alga Road. 30. The project will not interfere with emergency response plans. 31. Manufactured slopes created through the already approved Phase I1 &s grading (which incl site) will be fully landscaped consistent with approved plans. Otherwise, the finish gradin cubic yards) of the subject property would not result in a visual impact. 32. The project will have no effect on existing recreational opportunitis. .' -8- - ANALYSIS OF VIABLE ALTERNATIVES TO THE PROPOSED PROJECT SUCH AS: a) Phased development of the project, b) alternate site designs, c) alternate scale of development, d) alternate uses for the site, e) development at some future time rather than now, f) altemate”sites for the proposed, and g) no project alternative. 4 b) cl d) 4 9 g) The project scale, 68 residential lots, is nor of a size where phased development would be beneficial. The project has been designed consistent with the Aviara Master Plan and all City ordinances. All open space areas are avoided. The project is designed at slightly less scale (density) than allowed by the Master Plan for the area. The project is in conformance with the City’s General Plan and the Master Plan. Alternate uses would require amendment of these documents. The proposed project involves subdivision and grading of the site only. Development of the site will occur only if facilities are guaranteed. The proposed project is the environmentally preferred project for the site. The “no project” alternative is not in conformance with the General PhWMaster Plan designation for the site, therefore, it is not environmentally preferable. -9- : DETERMINATION (To Be Comp fl) ed By The Planning Department) W - On the basis of this initial evaluation: - X 1 find the proposed project COULD NOT have a significant effect on the environment, and a NE( DECLARATION will be prepared. - I find that the proposed project COULD NOT have a significant effect on the environment, bec: environmental effec<s of the proposed project have already been considered in conjunctic previously certified environmental documents and no additional environmental review is r Therefore, a Notice of Determination has been prepared. - I find that although the proposed project could have a significant effect on the environment, tl not be a significant effect in this case because the mitigation measures described on an attac sheet have been added to the project. A Conditional Negative Declaration will be proposed. - I find the proposed project MAY have a significant effect on the environment, and an ENVIRONr IMPACT REPORT is required. my 26, 1941 EA& /"1";"\ Date Signature 2 \ _1/zL./'il- Planning Dire r ENM:km LIST MITIGATING MEASURES (IF APPLICABLE1 ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE1 -10- , 0 W ' up~~m CONCURRENCE WITH MIl'TGATING MEASURES .I THIS IS TO CERT~~ THAT 1 HAVE REXEWED THE ABOVE MITIGATING MEkSURES AND CONCUR NTH THE ADDITION OF THESE MEASURES TO THE PROJECT. Dare Signature ENM:km -11- * - 1 2 3 4 5 6 W W PLANNING COMMISSION RESOLUTION NO. 3314 A RESOLUTION OF THE PLANNING COMMISSION OF THE CIN OF CAEUSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP FOR AVIARA PLANNING AREA 26(N) ON PROPERTY GENERALLY ROAD/KESTRAL DRNE INTERSECTION. CASE NAME: AvlARA PLANNING AREA 26(N) * LOCATED AT THE SOUTHEAST CORNER OF THE ALGA CASE NO: CT 90-38 7 11 WHEREAS, a verified application for certain property to wit: 8/ 9~ Portion of Section 27, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego lo 11 has been filed with the City of Carlsbad and referred to the Planning Commissio 12 WHEREAS, said verified application constitutes a request as providec 13 ll 21 of the Carlsbad Municipal Code; and I' 14 WHEREAS, the Planning Commission did, on the 4th day of Decembc 15 WHEREAS, at said public hearing, upon hearing and considering all tl 16 hold a duly noticed public hearing as prescribed by law to consider said request I'i' // and arguments, if any, of all persons desiring to be heard, said Commission coni I* I' factors relating to the Tentative Tract Map. 19 Ii 20 // NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning COI 21 11 as follows: 22 B) That based on the evidence presented at the public hearing, the Co: 23 A) That the above recitations are true and correct. 24 recommends APPROVAL of CT 90-38, based on the following findings an to the following conditions: 25 .... 26 .... 27 I/ 28 !/ J x I1 0 m /I 1 2 3 4 5 Findinns: 1. The project is consistent with the City‘s General Plan and MP-177 sincc proposed density of 2.35 du’s/acre is within the density range of 0-4 du’s, specified for the site as indicated on the Land Use Element of the General Plar is at or below the growth control point of 3.2. 2. The site is physically suitable for the type and density of the development p through Master Plan 177. 6 3. 7 8 9 10 11 The Planning Commission has, by inclusion of an appropriate condition tc project, ensured that the final map will not be approved unless the City C finds that sewer service is available to serve the project. In addition, the PL Commission has added a condition that a note shall be placed on the final m2 building permits may not be issued for the project unless the City En determines that sewer service is available, and building cannot occur with project unless sewer service remains available, and the Planning Commis! satisfied that the requirements of the Public Facilities Element of the Geners have been met insofar as they apply to sewer service for this project. 12 11 4. School fees will be paid to ensure the availability of school facilities in the C; 13 /I School District. 14 // 5. Park-in-lieu fees are required as a condition of approval. 15 16 17 18 19 20 21 6. All necessary public improvements have been provided or will be requ conditions of approval. 7. The applicant has agreed and is required by the inclusion of an appr condition to pay a public facilities fee. Performance of that contract and p of the fee will enable this body to find that public facilities will be a concurrent with need as required by the General Plan. 8. The proposed project is compatible with the surrounding future land us surrounding properties are designated for single family residential develop open space on the General Plan. 22 9. This project will not cause any significant environmental impacts and a ! RECOMMENDED FOR APPROVAL by the Planning Commis: 23 Declaration has been issued by the Planning Director on August 1, 199 24 December 4, 1991. In recommending approval of this Negative Declarz Planning Commission has considered the initial study, the staff analysis, all 25 mitigation measures and any written comments received regarding the si effects this project could have on the environment. 26 27 PC RES0 NO. 3314 -2- 28 . !I w w . 1 2 3 4 5 6 10. The applicant is by condition, required to pay any increase in public faciliD new construction tax, or development fees, and has agreed to abide additional requirements established by a Local Facilities Management Plan p pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This 'will continued availability of public facilities and will mitigate any cumulative created by the project. 11. This project is consistent with the City's Growth Management Ordinance : been conditioned to comply with any requirement approved as part of tl Facilities Management Plan for Zone 19. 7 12. As discussed in the staff report, the grading for CT' 90-38 subs1 complies with the mass grading approved on the Aviara Phase II 8 Tentative Map (CT' 89-37). 9 13. The Tentative Tract Map, CT 90-38, satisfies all requirements of Title 10 11 12 14. As discussed in the staff report, the design of CT 90-38 is consistent with tk 13 Subdivision Ordinance and the State Map Act. of Master Plan 177. 15. The project CT 90-38, is in compliance with the underlying Mello I a Batiquitos Lagoon Local Coastal Programs. 14 15 16 17 Conditions: 1. Approval is granted for CT 90-38, as shown on Exhibits "A"-"I December 4, 1991, incorporated by reference and on file in the 1 Department. Development shall occur substantially as shown unless o noted in these conditions. I.8 1 2. The developer shall provide the City with a reproducible 24" x 36", myla 19 ,! the Tentative Map as approved by the Planning Commission. The Tentaf 20 21 22 23 shall reflect the conditions of approval by the City. The Map copy submitted to the City Engineer prior to building, grading or improveml submittal, whichever occurs first. 3. A 500' scale mylar map of the subdivision shall be submitted to the 1 Director prior to the recordation of the final map. Said map shall show all streets within and adjacent to the project. 24 approved unless the City Council finds as of the time of such approval th 25 I 4. This project is approved upon the express condition that the final map sha 26 27 28 service is available to serve the subdivision. PC RES0 NO. 3314 -3- II f * 1 2 3 4 5 /I 0 0 5. This project is also approved under the express condition that the applicant pa public facilities fee adopted by the City Council on July 28, 1987 and as ame from time to time, and any development fees established by the City Co pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordir adopted to implement a growth management system or facilities and improvf plan and to fulfill the subdivider's agreement to pay the public facilities fee December 3,1990, a copy of which is on file with the City Clerk and is incorpc by this reference. If the fees are not paid this application will not be consisten the General Plan and approval for this project will be void. 6 6. The applicant shall pay park-in-lieu fees to the City, prior to the approval previously excluded by the Parks Agreement between the City and Avim 7 final map as required by Chapter 20.44 of the Carlsbad Municipal Code 8 Associates dated June 1, 1989. 9 7. The applicant shall provide school fees to mitigate conditions of overcrowc part of building permit application. These fees shall be based on the fee sc: in effect at the time of building permit application. AU or a portion of said fec 10 II be waived subject to the approval of the Carlsbad Unified School District. 12 8. Water shall be provided to this project pursuant to the Water Service agrc 9. This project shall comply with all conditions and mitigation required by Mast 14 May 25, 1983. 13 between the City of Carlsbad and the Carlsbad Municipal Water District 15 177 and the Zone 19 Local Facilities Management Plan approved by the City on December 22, 1987, incorporated herein and on file in the Planning Depi 16 and any future amendments to the Plans made prior to the issuance of t I? Ii permits. I.8 I 10. If any condition for. construction of any public improvements or facilities payment of any fees in lieu thereof, imposed by this approval or imposed bq Government Code Section 65913.5. If any such condition is determine project without the condition complies with all requirements of law. 19 invalid this approval shall be invalid unless the City Council determines 20 I this project are challenged this approval shall be suspended as pro1 21 22 permit issuance. 23 11. Approval of this request shall not excuse compliance with all sections of thc 24 12. The applicant shall annex the Aviara Planning Area 26(N) open space - 25 Aviara Master homeowner's association concurrent with the recordation of mP* 26 27 Ordinance and all other applicable City ordinances in effect at time of PC RES0 NO. 3314 -4- 28 il I 1 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 0 w 13. The applicant shall prepare a detailed landscape and imgation plan which s submitted to and approved by the Planning Director prior to the issuance of I or building permits, whichever occurs first. 14. AU landscaped areas shall be maintained in a healthy and thriving conditic from weeds, trash, and debris. 15. Existing onsite trees shall be retained wherever possible and. shall be ti and/or topped. Dead, decaying or potentially dangerous trees shall be apprc removal at the discretion of the Planning Department in conformance M Phase I1 Master Tentative Map (CT 89-37) Tree Preservation Plan. Tho: which are approved for removal shall be replaced as required by the Phase Preservation Plan. No tree removal shall occur prior to written approval of removal program by the Planning Director. 16. The developer shall install street trees at the equivalent of 40-foot interva all public street frontages in conformance with City of Carlsbad standarc trees shall be of a variety selected from the approved Street Tree List. 17. Preliminary landscape plans shall be submitted. 18. All landscape plans shall be prepared to conform with the Landscape Gc Manual and submitted per the landscape plan check procedures on filt Planning Department. 19. Landscape plans shall be designed to minimize water use. Lawn and othe: plants (see Landscape Guidelines Manual) shall. be limited to areas of speci importance or high use. Mulches shall be used and irrigation equipment an shall promote water conservation. 20. All herbicides shall be applied by applicators licensed by the State of Cali 21. The applicant shall pay a landscape plan check and inspection fee as req Section 20.08.050 of the Carlsbad Municipal Code. 22. As part of the plans submitted for building permit plan check, the applic include a reduced version of the approving resolutiodresolutions on a 2 blueline drawing. Said blueline drawing(s) shall also include a cops applicable Coastal Development Permit and signed approved site plan. 23. Prior to final map approval for CI' 90-38, the project applicant or their su( interest shall enter into an agreement with the City to provide the Avia Plan's proportional share of the City's total obligation for very low, moderate income housing units. PC RES0 NO. 3314 -5- M il 0 e 24. This project is approved subject to the condition that a Site Development within this subdivision. The Site Development Plan must: Assess noise i development standards and consistency with Master Plan objectives. 1 the proposed structures along Alga Road, ensure compliance with m 2 be approved by the City, prior to the issuance of any residential buildin; 3 4 25. The applicant shall establish a homeowner's association and corr covenants, conditions and restrictions. Said CC&R's shall be submittl include provisions specifying Master homeowners association or 1 neighborhood homeowners association fnaintenance responsibility for all n manufactured project open space areas. 5 approved by the Planning Director prior to final map approval. The CC 6 7 8 26. The applicant shall submit a street name list consistent with the Citfs st policy subject to the Planning Director's approval prior to final map apl 9 10 27. This project is approved subject to the condition that all project la proposed on Exhibits "E"-"I", dated December 4, 1991 shall be irrig 11 reclaimed water. 12 13 14 15 16 28. Prior to the recordation of the first final tract map the owner of recl property within the boundaries of this tentative tract map shall prepare : a notice that this property is subject to overflight, sight, and sound operating from MeCldan-Pdomar Airport in a manner meeting the appr Planning Director and the City Attorney. The applicant shall post air? notification signs in all sales and/or rental offices associated witb development. The number and locations of said signs shall be appro1 Planning Director. l7 development that is in substantial conformance with this City approval. 1 project applicant shall receive a Coastal Development Pennit tha~ 18 1 29. Prior to the issuance of a grading permit or the recordation of the fina prior to the issuance of a grading permit. 19 Permit shall be required to be submitted to the City Planning Department 20 21 30. Prior to final map approd or the issuance of a grading pexmit for (X Aviara Phase 11 Tentative Map ((X' 89-37) must be recorded as a final 22 31. This project currently shows no retaining walls. This project is approver 23 24 the condition that no retaining walls greater than 2 feet in height withi or sideyard setback areas shall be permitted, unless specifically appro 25 Planning Commission during &bsequent Site Development Plan review 26 27 PC RES0 NO. 3314 -6- 28 i U u' 1 2 3 e 32. This project is approved subject to the condition that grading proposed as any future Site Development Plan over the subject property shall be in sub! conformance with the grading approved through this tentative map. Engineerinn Conditions: 4 5 33, This project is Iocared within the Mello I and Fast Batiquitos Local b&ta All development design shall comply with the requirements of that plan 6 7 8 9 10 34. Unless a standard variance has been issued, no variance from City Stand authorized by virtue of approval of this tentative map. 35. This subdivision is approved specifically approving: A. Rockrose Terrace south of "A' Street to be developed as a "hillside with a 32 ft. wide curb to curb section within a 46 ft. wide easem street purposes. I 11 B. "A" Street at the intersection of Kestrel Drive providing a 37 ft. tang 12 36. The developer shall comply with all the rules, regulations and design requirt 13 of the respective sewer and water agencies regarding services to the projecr 14 15 16 17 18 19 20 21 22 23 24 25 26 27 37. The developer shall be responsible for coordination with S.D.G.&E., Telephone, and Cable TV authorities. 38. Prior to final map approval, the tract map for (JT 89-37 must be recorded a mass grading for CX 89-37, Lot 4, shall be complete and finaled to the satis! of the City Engineer. 39. The applicant shall defend indemnify and hold harmless the City and its s officers, and employees from any claim, action or proceeding against the Cit~ agents, officers or employees to attach, set aside, void or null an approval City, the Planning Commission or City Engineer which has been brought a@ City within the time period provided by Section 66499.37 of the Subdivisio Act. 40. Approval of this tentative tract map shall expire twenty-four (24) months frc date of City Council approval unless a final map is recorded. An extension I: requested by the applicant. Said extension shall be approved or denied discretion of the City Council. In approving an extension, the City Counc impose new conditions and may revise existing conditions pursuant to SI 20.12.110(a)(2) Carlsbad Municipal Code. PC RES0 NO. 3314 -7- 28 b a 0 x Y 41. Prior to approval of the final map the developer shall enter into an agreemr 1 the City to pay any drainage area fees established as a result of the fort). 2 Master Drainage Plan Update. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 42. The subject property is within the boundaries of Assessment District No. 88- Road). Upon the subdivision of land within the district boundaries, the a] may pass through assessment to subsequent owners o& if the applic executed special Assessment District Pass-through Authorization Agreema Agreement contains provisions regarding notice to potential buyer of the an the assessment and any other provision and require the applicant to have eac receive and execute a Notice of Assessment and an Option Agreement. In tl that the applicant does not execute the Authorization Agreement, the asses the subject property must be paid in full bv the apDlicant Drior to anv sub of the land. 43. As required by state law, prior to the recordation of a final map over an^ subject property, a segregation of assessments must be completed and recoI all subdivided lots. By applying for a segregation of assessments, the a1 agrees to pay the fee to cover the costs associated with the segregati segregation is not required if the applicant pays off the assessment on the property prior to the recordation of the final map. In the event a segrega assessments is not recorded and property is subdivided, the full amc assessment will appear on the tax bills of each new lot. 44. 45. 20 21 22 23 46. . 2411 Based on a review of the proposed grading and the grading quantities shown tentative map, a grading permit is required for this project. Prior to approT final map the applicant shall submit and receive approval for grading p accordance with City Codes and standards. Prior to issuing a building pt grading permit shall be obtained and grading be completed in accordanc approved grading plans. 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 de1 is unable to obtain the grading or slope easement, he must either ame tentative map or change the slope so grading will not occur outside the proj, in a manner which substantially conforms to the approved tentative r determined by the City Engineer and Planning Director. The developer shall exercise special care during the construction phase I project to prevent offsite siltation. Planting and erosion control shall be pr in accordance with the Carlsbad Municipal Code and the City Engineer. Ref Chap 11.06. 25 /I 26 27 PC RES0 NO. 3314 -8- 28 I1 . n 0 r' 0 1 2 3 4 5 6 w 47. Additional drainage easements may be required. Drainage structures sk provided or installed prior to the issuance of grading or building permit as I: required by the City Engineer. 48. The developer shall make an offer of dedication to the City for all public stref easements required by these conditions or shown ont he tentative map. Th shall be made by a certificate on the final map for this project. All land so I shall be granted to the City free and clear of all liens and encumbrances and v cost to the City. Streets that are already public are not required to be reded 7 49. Plans, specifications, and supporting documents for all improvements s prepared to the satisfaction of the City Engineer. Prior to approval of the fi~ 8 in accordance, with City Standards the Developer shall install, or agree tc and secure with appropriate security as provided by law, improvements shl 9 Terrace and Cattail Place. 11 the tentative map and the following improvements: 10 A. Full public street improvements for Street A, Rockrose Terrace, E 12 51. Prior to approval of any grading or building permits for this project, the ow 15 14 50. Improvements listed above shall be constructed within 18 months of fir I.3 B. Public storm drain and sewer facilities. give written consent to the annexation of the area shown within the bounc 16 the site plan into the existing City of Carlsbad Street Lighting and Lanc 17 District No. 1. The form shall be provided by the City during the imprc: plancheck process. 18 approval and/or improvement plan approval, whichever occurs first. 52. Prior to approval of the final map the property owner shall agree to partic shall be to the satisfaction of the City Engineer and the Utilities and Mai~ 19 Director. 20 a drainage maintenance assessment district. The mechanism for such ag 21 53. All open space lots (Lots 69, 70, and 71) shall be owned in fee and maint, 22 the Aviara Master Association. 23 24 25 26 27 54. Concunent with final map recordation, all lots with sight distance corrid record a "Notice of Restriction on Real property" for reshicting height of lan and structures to 30" above the street. PC RES0 NO. 3314 59- I 28 // m t w 0 w 55. 1 2 3 4 5 6 56. Any encroachment through construction into deed restricted or undisturk space for the purpose of grading will require an amendment to the tentativ and approval of the California Coastal Commission. A note to this &ec appear on the final grading plan. Prior to the commencement of any grading activities, the developer shall fa the deed restricted and undisturbed open space to the satisfaction of tk Engineer and the Planning Director. A note to this effect shall appear on tl grading plans. The existing fencing on the Phase II Master Tentative Map co with this condition. 7 57. Prior to issuing a building permit on any lot in this subdivision a Site Develc retaining walls, will be issued without specific approval on the Site Develc 8 Plan shall be approved by the Planning Commission. No building permit : Plan. A note to this effect shall be placed on the final map. 9 10 58. The developer shall record an open space easement to be maintained by thc Master Association, on the slopes adjacent to open space lots 69 and 70 in 11 through 34 and 36 through 47. 12 59. Direct access rights for all lots abutting Alga Road, Kestral Drive and "A" Strt 13 ii be waived on the final map. 14 15 16 60. Prior to final map approval the owner shall execute a Hold Harmless Agreer geologic failure. 61. The developer shall place the following note on the final map: I? I1 Geotechnical Caution: 18 19 20 21 22 I I The owner of this property on behalf of itself and all of its successors in intf agreed to hold harmless and indemnify the City of Carlsbad from any act may arise through any geological failure, ground water seepage or land sul and subsequent damage that may occw on, or adjacent to, this subdivisio its construction, operation or maintenance. The entire subdivision shall be graded concurrent with the first phase/u~ development. ~ 62* 23 24 63. Concurrent with the kt phase/unit of the development which has fro. Rockrose Terrace, public improvements to all of Rockrose Terrace and any storm drains and sewer systems shall be constructed to the satisfaction of 25 Engineer and the Planning Director. 26 27 28 PC RES0 NO. 3314 -10- - 1 4 I/ 0 0 r’ I1 Fire Conditions: 64. Additional on-site public hydrants are required. 1 2 cI 65, An all-weather access road shall serve the project during construction. 3 IJ 4 5 6 7 66. All9required fire hydrants, water mains and appurtenances shall be operation; to combustible building materials being located on the project site. 67. Brush clearance shall be maintained according to the specifications containec City of Carlsbad Landscape Manual. Applicant shall provide brush clearan to the Fire Department for approval. 8 68. Plans and/or specifications for fire alarm systems, fire hydrants, exting systems, automatic sprinklers, and other systems pertinent to the project : 9 submitted to the Fire Department for approval prior to construction. 10 11 12 13 14 15 16 17 l8 ~ 69. Prior to submittal of water improvement plans, the applicant shall submit to Department a map, showing the street network, conforming to the fo criteria: * f 400’ scale Photo reduction on mylar map (not a separate vicinity map) Street centerlines Street names * At least two existing streets and/or intersections shall be referenced * Maps shall include the following information: I Fire hydrant locations 1 Carlsbad M~miapai Water District: 19 1 70. The entire potable and non-potable water systems for subject project ~ evaluated in detail to ensure that adequate capacity and pressure for domes potable and fire flow demands are met. 2o ! 21 22 23 24 25 26 71. The Developeis Engineer shall schedule a meeting first with the City Fire and then with the District Engineer to review the preliminary water syster prior to preparation of the water system improvement plans. 72. The Developer will be responsible for all fees and deposits plus the majo~ charge which will be collected at time of issuance of building pemi Developer shall pay a San Diego County Water Authority capacity charge w: be collected at issuance of application or meter installation. 27 // PC RES0 NO. 3314 -11- 28 I 4 I/ e 0’ a 1 2 3 4 k 73. This project is approved upon the express condition that building permits w be issued for development of the subject property unless the water district s the development determines that adequate water and SerYice is available at th of application for water service and will continue to be available until ti UCCUpanCy. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Pk Commission of .the City of Carlsbad, Califomia, held on the 4th day of December, J 6 by the following vote, to wit: 7 a AYES: Chairman Holmes, Commissioners: Schlehuber, Savary, Erwin: NOES: 9 & Hall. None. 10 ABSENT: Commissioner Schrm. 11 ABSTAIN: None. 12 13 14 15 “ _“ _”..” / : -7 , ,/- /’:. I 2 ? 3 I’, ..i la . {j q 1 ; . :: ;. ”. i.2 ’ i ;: ,. I : ,. i ; .; :?$/a L* ’*. . ,~ .”. :.;-,;:.* “&yJ *.. 2 M 1n *” ROBERT HOLMES, Chairperson CARLSBAD PLANNING COMMISSION 16 17 18 19 ATTEST: &4k44w L J OLZMILL pEN&waoRp 20 !/ 21 22 23 24 25 26 27 PC RES0 NO. 3314 28 -12-