HomeMy WebLinkAbout1990-11-13; City Council; 10904; Approval 56 Dwelling Unit Condominium Aviara Caladris Planning Area 16Cl’” OF CARLSBAD - AGENr BILL ?y
dB# /c: %%f TITLE: APPROVAL OF A 7 LOT/56 DWELLING UNIT CONDOMINIUM TENTATIVE TRACT MAP/ DEPT "6 #&# . .
MT& 11/13/98 PLANNED UNIT DEVELOPMENT. CT 90-14/ CITY ATTY
DEPT. PIJ-4 PUD 90-17 - AVIARA CALADRI% AT AVIARA - PLANNING AREA 16 CITY MGR.~-
RECOMMENDED ACTION: .
Both the Planning Commission and staff are recommending that the City Council direct the City Attorney to prepare documents APPROVING the Conditional Negative Declaration and CT 90-14/PUD 90-17, as .approved by the Planning Commission.
ITEM EEPLANATIGN '
\ On October 3, 1990, the Planning Commission conducted a public hearing -and approved without modification (5-O) the Aviara Planning Area i6 c,ondominium project, which is located north of Alga Road along Pintaii Court. The project consists of 56 condominium units in ,4 duplex, 8 three-plex, and 6 four-plex structures over an 11.47 acre site. All-units have a private rear yard and the site contains two common recreation areas. The project meets or- exceeds the development and design standards of the Aviara Master Plan and the Planned Development Ordinance (Chapter 21.45); and it complies with the City's Noise Policy No. 17.
In recommending approval of this project, minor variances to Engineering Standards were approved to allow: (1) deletion of sidewalks on not-through streets less than 250 feet in length serving 12 units or less: and (2) reduction of centerline radii on internal project streets and elimination of the standard knuckle on 90" turns.
No major issues were identified. Please see the attached staff report to the Planning Commission for specific details regarding the tentative map and planned unit development.
ENVIRONMENTAL REVIEW
On October 3, 1990 the Planning Commission recommended approval of the Conditional Negative Declaration issued by the Planning Director on August 30, 1990.
FISCAL IMPACT
As discussed in the Zone 19 Local Facilities Management Plan, because all required improvements are to be funded by development, no fiscal impacts to the City will result from this 56 dwelling unit condominium project.
PAGE 2 OF AGENDA BILL NO. /o, CIoq
GROWTB MANAGEMENT STATUS
Facilities Zone 19 Local Facilities Management Plan - 19 Growth Control Point 14.9 du/ac Net Density 4.8 du/ac Special Facility Fees WA
EXHIBITS
1. Location Map 2. Planning Commission Resolution Nos. 3118, 3119, and 3120 3. Planning Commission Staff Report, dated October 3, 1990 4. Planning Commission Minutes, dated October 3, 1990
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city of hrlsbad
CALADRIS AT AVIARA
PLANNING AREA 16
CT QO-14/PUD 90-17
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PLANNING COMMIS!SION RESOLUTION NO. 3118
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A
CONDITIONAL NEGATIVE DECLARATION FOR A TENTATIVE
TRACT MAP/PLANNED UNIT DEVELOPMENT TO DEVELOP A 56
DWELLING UNIT CONDOMINIUM PROJECT.
CASE NAME: CALADRIS AT AVIARA - PLANNING AREA 16
CASE NO.: CT 90-14/PUD 90-17
WHEREAS, the Planning Commission did on the 3rd day of October, 1990, hold
a duly noticed public hearing as prescribed by law to consider said request, and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, ex amining the initial study, analyzing the information submitted by staff, and
considering any written comments received, the Planning Commission considered all factors
relating to the Conditional Negative Declaration.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as
follows:
Al That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning Commission
hereby recommends APPROVAL of the Conditional Negative Declaration according to
Exhibit “ND” dated August 30, 1990, and “PII”, dated dated August 24, 1990, attached
hereto and made a part hereof, based on the following findings:
Findings :
1. The initial study shows that there is no substantial evidence that the project may have a
significant impact on the environment, provided that the mitigating conditions of approval
aie complied with
2. The site has been previously graded pursuant to an earlier environmental analysis. (EIR
83-2(N).
3. The streets are adequate in size to handle traffic generated by the proposed project.
4. There are no sensitive resources located onsite or located so as to be significantly impacted
by this project.
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Conditions:
1. Prior to occupancy of any dwelling units, the project applicant shall construct a maximum
6.0 foot high sound attenuation wall as described in the Acoustical Analysis for PA-16,
along Alga Road. Prior to occupancy of units 3, 7, 12, 19,26,29,30-33, 52-56 the project
applicant shall incorporate all required traffic noise mitigation measures as described in
the Acoustical Analysis for PA-16 (i.e., balcony barriers and mechanical ventilation) into
these units.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 3rd day of October, 1990, by the
following vote, to wit:
AYES: Chairperson Schramm, Commissioners: Schlehuber, Holmes, Marcus and
Hall.
NOES: None.
ABSENT: Commissioners: McFadden and Erwin.
ABSTAIN: None.
SHARON SCHRAMM, Chairperson CARLSBAD PLANNING COMMISSION
PC RESO NO. 3118 -2-
CONDITIONAL NEGATIVE DECLARATION
PROJECT ADDRESS/LOCATION: AVIARA PLANNING AREA 16 - North of Alga
Road between Aviara Drive and Batiquitos Drive
PROJECT DESCRIPTION: A Tentative Tract Map and Planned Unit Development to
develop 56 Condominium Units and one recreation area on 11.47 acres.
The City of Carlsbad has conducted an environmental review of the above described project
pursuant to the Guidelines for Implementation of the California Environmental Quality Act
and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said
review, a Negative Declaration (declaration that the project will not have a significant impact
on the environment) is hereby issued for the subject project. Justification for this action is
on file in the Planning Department.
A copy of the Negative Declaration with supportive documents is on file in the Planning
Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public
are invited. Please submit comments in writing to the Planning Department within 30 days
of date of issuance. \
DATED: AUGUST 30,199O
MICHAEL s; H
CASE NO: CT 90-14/PUD 90-17 Planning Director
APPLICANT: CALADRIS AT AVIARA,‘AREA 16
PUBLISH DATE: AUGUST 30,199O
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2075 Las Palmas Drive - Carlsbad, Califohia 920094859 l (619) 438-l 161
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EtNVIRONMENTAL IMPACI ASSESSMENT FORM - PART II
(TO BE COMPLETED BY THE PLANNtNG DEPARTMENT)
CASE NO. CT 90-14/PUD 90-17
DATE: AUGUST 24. 1990
BACKGROUND
1. CASE NAME: C-IS AT AVIARA - PLANNING AREA 16
2. APPLICANT: CROSBY. MEAD. BENTON AND ASSOCIATES
3. ADDRESS AND PHONE NUMBER OF APPLICANT: 5966 LA PLACE CT.. STE. 170
CARLSBAD. CA 92008
619438-1210
4. DATE EL4 FORM PART I SUBMITTED:
5. PROJECT DESCRIPTION: TENTATIVE SUBDMSION MAP AND PLANNED UNIT
DEVELOPMENT TO DEVELOP 56 UNITS NORTH OF THE INTERSECTION OF ALGA ROAD
AND BLUE HERON WAY.
ENVIRONMENTAL IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct an
Environmental Impact Assessment to determine if a project may have a significant effect on the environment.
The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist
identifies any physical, biological and human factors that might be impacted by the proposed project and
provides the City with information to use as the basis for deciding whether to prepare an Environmental
Impact Report or Negative Declaration.
* A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or
any of its aspects may cause a signilicant effect on the environment. On the checklist, “NO” will be checked
to indicate this detemnination.
* An EIR must be prepared if the City determines that there is substantial evidence that any aspect of the
project may cause a sismificant effect on the environment. The project may qualify for a Negative
Declaration however, if adverse impacts are mitigated so that environmental effects can be deemed insknificant. These &dings are shown in the checklist under the headings “YES-sig” and “YES-insig” respectively.
A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under
DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing
mitigation for impacts which would otherwise be determined significant.
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WILL THE PROPOSAL DIRECTLY OR INDIRECTLY:
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6.
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Result in unstable earth conditions or
increase the exposure of people or property to geologic hazards?
Appreciably change the topography or any
unique physical features?
Result in or be affected by erosion of soils
either on or off the site?
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?
Result in substantial adverse effects on
ambient air quality?
Result in substantial changes in air
movement, odor, moisture, or temperature?
Substantially change the course or flow of
water (marine, fresh or flood waters)?
Affect the quantity or quality of surface water, ground water or public water supply?
Substantially increase usage or cause
depletion of any natural resources?
Use substantial amounts of flueI or energy?
Alter a sign&ant archeological,
paleontological or historical site, structure or object?
NO
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x
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. BIOLOGICAL JZNVIFtONMENT
WILL THE PROPOSAL DIRECT’LY OR INDIRECTLY: YES
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13.
14.
15.
16.
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Affect the diversity of species, habitat
or numbers of any species of plants (including
trees, shrubs, grass, microflora and aquatic
plants)?
Introduce new species of plants into an area, or a barrier to the normal replenishment of existing species?
Reduce the amount of acreage of any
agricultural crop or affect prime, unique
or other farmland of state or local importance?
Affect the diversity of species, habitat
or numbers of any species of animals (birds, land animals, all water dwelling organisms
and insects?
Introduce new species of animals into an
area, or result in a barrier to the
migration or movement of animals?
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY:
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Alter the present or planned land use
of an area?
Substantially affect public utilities, schools, police, fire, emergency or other
public services? -
Result in the need for new or modified sewer
systems, solid waste or hazardous waste
control systems?
Increase existing noise levels?
Produce new light or glare?
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NO
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NO
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I-wMANENvIRoNMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY:
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Involve a significant risk of an explosion
or the release of hazardous substances
(including, but not limited to, oil,
pesticides, chemicals or radiation)?
Substantially alter the density of the human population of an area?
Affect existing housing, or create a demand
for additional housing?
Generate substantial additional traffic?
Affect existing parking facilities, or
create a large demand for new parking?
Impact existing transportation systems or alter present patterns of circulation or
movement of people and/or goods?
Alter waterborne, rail or air traffic?
Increase traffic hazards to motor
vehicles, bicyclists or pedestrians?
tnterfere with emergency response plans or
emergency evacuation plans?
Obstruct any scenic vista or create an
aesthetically offensive public view?
Affect the qualie or quantity of
existing recreational opportunities?
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YES big) YES
(insig) NO
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h4ANDATORY FINDINGS OF SIGNIFICANCE
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33. Does the project have the potential
to substantially degrade the quality of the environment, substantially
reduce the habitat of 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 relatively 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 wt 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?
NO
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DISCUSSION OF ECNVIRONMENTAL EVALUATION
This project is a 56 unit (m&i-family) subdivision (1 residential lot) located north of the Alga
Road/Blue Heron Way intersection within the Aviara Master Plan area. The project site is 11.47
acres in size and has been previously rough graded consistent with approved grading plans for CT 85-35. For this environmental analysis, staff conducted two field trips to the subject property
and reviewed the Pacific Rim Country Club and Resort Master Plan EIR 83-2(A) which already
covered this property. The northern portion of the subject property is vegetated with Coastal
Sage Habitat and is under deed resniction to the California Coastal Commission. The remainder
of the property has been mass graded and no sensitive environmental resources exist upon it. In that: (1) the proposed residential project is allowed by the underlying Aviara Master Plan and
General Plan, (2) it is surrounded by compatible existing or future land uses including Alga Road to the southwest, Open Space to the north and the Aviara Golf Course to the east, (3) the sire
has been previously rough graded and (4) the project will not encroach into the deed restricted Coastal Sage Scrub habitat to the north, no environmental impacts are anticipated. There were
no public comments received in response to the Notice for a Mitigated Negative Declaration.
PHYSICAL ENVIRONMENT
1. The project requires grading totaling 30,000 cubic yards with 18,000 cubic yards of export. The site has been previously rough graded consistent with approved grading plans
for CT 85-35. No unstable earth conditions will be created as the grading plan is required
to meet City Engineering Standards.
2. The topography of the previously graded site will not be significantly changed from its
present graded state.
3. Properties surrounding the project site are currently in a graded but otherwise undeveloped
state. The project will not result in or be affected by erosion of soils as all necessary
drainage and erosion control facilities have been or will be provided to handle runoff from
the site.
4. Impacts to Batiquitos Lagoon (i.e. erosion and runoff> will be adequately mitigated as
discussed in response to #3 above.
5. The project will have an incremental impact on air quality (as discussed in EIR 83-2(A)), in that it will generate 448 trips/day. However, this impact is not considered significant in
itself. Long term mitigation of air quality impacts will require that dependence upon the
automobile be reduced regionally and statewide.
6. The project has a minimum 20 foot separation between the structures. This design will
provide for adequate air movement.
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- DISCUSSION OF ENVIRONMENTAL EVALUATION (CONTINUED):
7. The project will not change the course or flow of water as no streams are located in the
immediate area and drainage waters will be handled by existing and/or proposed facilities.
8. Development of this project will create impervious surfaces onsite which would reduce
absorption rates and incrementally increase surface runoff and runoff velocities. However,
to accommodate this incremental runoff, drainage facilities will be incorporated into the
project to divert the runoff to new curb and gutter along Pintail Court, thereby mitigating
this concern.
9. Aside from the Coastal Sage Scrub habitat located in the northern portion of the property (which will be maintained in Open Space), no natural resources exist on this previously
graded site.
10. Implementation of this project will incrementally contribute to the depletion of fossil fuels
and other natural resources during construction and operation. This incremental increase
is not considered significant.
11. The site is currently disturbed and all identified archaeological, paleontological or historical
sites have been previously mitigated.
BIOLOGICAL ENVIRONMENT
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Excluding the Coastal Sage Scrub habitat located at the northern portion of the site which will be maintained in open space (deed restricted) the balance of the site has been disturbed
through grading activities. In accordance, no significant biological resources will be
impacted through project development.
No significant impacts to the Coastal Sage Scrub habitat located in the northern portion of
the site are anticipated in that the landscaping proposed adjacent to this area will be
compatible tie-retardant and non-invasive.
Implementation of the proposed project will not reduce the amount of acreage of any
agricultural crop or affect farmland of State or local importance.
Wrought iron fencing located between development areas and the deed restricted open space
to the north will mitigate impacts of domestic pets upon the wildlife in this open space area.
In that the on site protected habitat area is linked to other undeveloped open space areas within the Master Plan and because project fencing will deter domestic pet intrusion into this protected habitat area, no impacts or barriers to the movement of wildlife is anticipated to
occur.
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- DISCUSSION OF ENVIRONMENTALEVALUATION (CONTINUED):
HUMAN ENVIRONMENT
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Development of this project will be consistent with the General Plan, Master Plan-177 and
the Mello I LCP. The proposed triplex product type is compatible with adjacent land uses.
As discussed in the Zone 19 Local Facilities Management Plan, with the payment of all
required fees, ali public facilities and services will be available to meet the demands of the
project.
See 18 above.
Construction of the project will not result in noise impacts upon surrounding residences
since the adjacent properties are undeveloped. Otherwise, the project is compatible with
surrounding future uses and will not create significant noise impacts. Alga Road, which is
located along the northern property boundary will create noise levels in excess of 60 dBA
CNEL. However, this noise impact is proposed to be mitigated through the incorporation
of a solid noise barrier (wall) between the road and the adjacent dwelling units and through the use of other sound attenuation measures (i.e. plexiglass shielded balconies, and mechanical ventilation) as specified within the Acoustical Study for this Planning Area.
Lighting utilized onsite will be directed so as to not impact adjacent future views.
Because this is a residential project it will not involve a significant risk of an explosion or
the release of hazardous substances.
The proposed project net density of 4.8 du/acre is well below the density permitted upon
the site (14.9 du/acre) per the Aviara Master Plan. In view of the reduced density, overall
project environmental effects should be reduced.
The project will provide additional housing units to meet existing demand.
A total of 448 average daily vehicle trips will be generated by the project which will not
significantly impact the circulation system as discussed in EIR 83-2(A) and LFMP - 19.
The demand for parking facilities created by this project will be satisfied onsite. Two garage
spaces will be provided for each unit in addition to a total of 28 guest parking spaces.
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. DISCUSSION OF ENVIRONMENTAL EVALUATION (CONTINUEDI:
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This project will require improvements to proposed Pintail Court and completion of Alga
Road from El Camino Real to its entryway. The project will add 448 ADT to Alga Road and other surrounding streets. This minor increase in traffic is not considered significant.
The project site is outside of the Airport Influence Area for Palomar Airport.
Two vehicular access points are proposed for the project and are not located to cause
conflicts with its intersection with Alga Road.
The project will not interfere with emergency response plans.
The project will not obstruct any scenic vista and will create an aesthetically pleasing street
scene along Alga Road and Pintail Court through the use of adequate structural setbacks,
structural relief and rich landscaping.
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. 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) alter-
nate sites for the proposed, and g) no project alternative.
a)
b)
c>
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The 56 dwelling units proposed with this project will be completed in one phase.
Phasing would not result in an environmentally superior project.
This project has been designed to comply with all development standards and
design guidelines of the Aviara Master Plan. The proposal creates no significant
environmental impacts. tn accordance, no alternate site designs would appear as
environmentally superior.
The scale of this proposal (56 dwelling units) is a potentially superior
improvement over the maximum of 121 dwelling units permitted per MP - 177.
Any change of land use (except higher density residential permitted per MP-177)
upon the subject property would necessitate a General Plan Amendment and
Master Plan Amendment.
Since the site is already rough graded and, all public facilities and services will be
available to support this proposed project, development at some future time would
not be regarded as an environmentally preferable alternative.
There are alternative sites for the project; however, they have no environmental
advantages, and this proposal is consistent with the existing land use plans.
The “no project” alternative is not in conformance with the General Plan/Master Plan designation for the property. Since the site is already graded, this alternative
is not environmentally superior.
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DETERMINATION (To Be Completed By The Planning Department) 1
On the basis of this initial evaluation:
- I find the proposed project COULD NOT have a significant effect on
the environment, and a NEGATIVE DECLARATION will be prepared.
x I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in
this case because the mitigation measures described on an attached
sheet have been added to the project. A Conditional Negative
Declaration will be proposed.
- I find the proposed project MAY have a significant effect on the
environment, and an ENVIRONMENTAL IMPACT REPORT is required.
/&//ZTe
/ - Signature -l’
Date - Plank&g Director
LIST MITIGATING MEASURES (IF APPLICABLE)
1. Prior to the occupancy of any dwelling units, the project applicant shall construct a
maximum 6.0 foot high sound attenuation wall, as described in the maximum Acoustical Analysis for PA-16, along Alga Road. Prior to occupancy of units 3, 7, 12, 19, 26, 29,
30-33, and 52-56, the project applicant shall incorporate all required traffic noise
mitigation measures as described in the Acoustical Analysis for PA-16, (i.e. balcony
barriers and mechanical ventilation) into these units.
ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE]
MG:lh
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= APPLICANT CONCURRENCE WITH MITIGATING MEASURES
THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES
AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT.
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Date
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Signature
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APPENDIX P iMENTAL MITIGATION MONITORING -- ‘ECKLIST Page L of 1
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PUNNING COMMISSION RESOLUTION NO. 3119
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
TENTATIVE TRACT MAP TO DEVELOP A 56 DWELLING UNIT
CONDOMINIUM PROJECT ON PROPERTY GENERALLY LOCATED
NORTH OF ALGA ROAD ALONG PINTAIL COURT.
CASE NAME: CALADRIS AT AVIARA - PLANNING AREA 16
CT 90-14 CASE NO.:
WHEREAS, a verified application for certain property to wit:
A subdivision of lot 90 of tract 85-35, Aviara Phase I according to
Map 12410 of the City of Carlsbad, County of San Diego, State of
California.
has been filed with the City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Title 21 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 3rd day of October, 1990, hold a
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map and Planned Unit Development.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as
A)
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That the above recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission recommends
APPROVAL of CT 90-14, based on the following findings and subject to the following
conditions:
Findings:
The project is consistent with Master Plan 177 since the proposed density of 4.88 du/acre
is within the pemitted density of 14.9 dWacre as specified within MP 177.
The site is physically suitable for the type and density of the development since the site is
adequate in size and shape to accommodate residential development at the density
proposed.
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The Planning Commission has, by inclusion of an appropriate condition to this project,
ensured that the final map will not be approved unless the City Council finds that sewer
service is available to serve the project. In addition, the Planning Commission has added
a condition that a note shall be placed on the final map that building permits may not be
issued for the project unless the City Engineer determines that sewer service is available,
and building cannot occur within the project unless sewer service remains available, and the
Planning Commission is satisfied that the requirements of the Public Facilities Element of
the General Plan have been met insofar as they apply to sewer service for this project.
The dedication by the developer of the 12.4 acre school site at the intersection of Alga Road
and Ambrosia Lane is acceptable as mitigation of the impact to &sting Carlsbad Unified
School IXstrict school facilities. As such, no school fees will be required at time of building
permit issuance.
The dedication by the developer of a 24.25 acre park site at the northern temum - ‘us of Ambrosia Lane satisfies park fee requirements.
All necessary public improvements have been provided or will be required as conditions of
approval.
The applicant has agreed and is required by the inclusion of an appropriate condition to pay
a public facilities fee. Performance of that contract and payment of the fee will enable this
body to find that public facilities will be available concurrent with need as required by the
General Plan.
Assurances have been given that adequate sewer for the project will be provided by the City
of Carlsbad.
The project is consistent with the development standards and design criteria of the Aviara
Master Plan 177 and the Planned Development Ordinance, the City’s Noise Policy 17, and
the Mello I Local Coastal Program.
The proposed project is compatible with the surrounding future land uses since surrounding
properties are designated for open space and recreational commercial development on the
General Plan.
‘I%& project will not cause any significant environmental impacts and a Conditional
Negative Declaration has been issued by the Planning Director on August 24, 1990 and
recommended for approval by the Planning Commission on October 3, 1990. In
recommending approval of this Conditional Negative Declaration the Planning Commission
has considered the initial study, the staff analysis, all required mitigation measures and any
written comments received regarding the significant effects this project could have on the
environment.
PC RESO NO. 3119 -2.
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12. The applicant is by condition, required to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
13. This project is consistent with the City’s Growth Management Ordinance as it has been
conditioned to comply with any requirement approved as part of the Local Facilities
Management Plan for Zone 19.
Conditions:
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. . .
Approval is granted for CT 90-14, as shown on Exhibit(s) “A” - “W”, dated October 3, 1990,
incorporated by reference and on file in the Planning Department. Development shall occur
substantially as shown unless otherwise noted in these conditions.
The developer shall provide the City with a reproducible 24” x 36”, mylar copy of the
Tentative Map as approved by the City Council. The Tentative Map shall reflect the
conditions of approval by the City. The Map copy shall be submitted to the City Engineer
prior to issuance of building permits or improvement plan submittal, whichever occurs first.
A 500’ scale map of the subdivision shall be submitted to the Planning Director prior to the
recordation of the final map. Said map shall show all lots and streets within and adjacent
to the project.
This project is approved upon the express condition that the final map shall not be approved
unless the City Council finds as of the time of such approval that sewer service is available
to serve the subdivision.
This project is approved upon the express condition that building permits will not be issued
for development of the subject property unless the City Engineer determines that sewer
facilities are available at the time of application for such sewer permits and will continue
to be available until time of occupancy. This note shall be placed on the final map.
This project is also approved under the express condition that the applicant pay the public
facilities fee adopted by the City Council on July 28, 1987 and as amended from time to
time, and any development fees established by the City Council pursuant to Chapter 21.90
of the Carlsbad Municipal Code or other ordinance adopted to implement a growth
management system or facilities and improvement plan and to fulfill the subdividers
agreement to pay the public facilities fee dated April 4,1990, a copy of which is on file with
the City Clerk and is incorporated by this reference. If the fees are not paid this application
will not be consistent with the General Plan and approval for this project will be void.
Water shall be provided to this project pursuant to the Water Service agreement between
the City of Carlsbad and the Carlsbad Municipal Water District, dated May 25, 1983.
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This project shall comply with all conditions and mitigation required by the Zone I9 Local
Facilities Management Plan approved by the City Council on December 22, 1987,
incorporated herein and on file in the Planning Department and any future amendments to
the Plan made prior to the issuance of building permits.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in lieu thereof, imposed by this approval or imposed by law on this project are
challenged this approval shall be suspended as provided in Government Code Section
65913.5. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with all
requirements of law.
Approval of this request shall not excuse compliance with all sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit
issuance.
The applicant shall establish a homeowner’s association and corresponding covenants,
conditions and restrictions. Said CC&R’s shall be submitted to and approved by the
Planning Director prior to final map approval. Said CC&R’s shall include a provision which
prohibits parking of vehicles in any private driveway which measures less than 20 feet from
garage door to back of sidewalk or edge of curb face, which ever is closest to the structure.
The applicant shall submit a street name list consistent with the City’s street name policy
subject to the Planning Directors approval prior to final map approval.
The applicant shall prepare a detailed landscape and irrigation plan which shall be
submitted to and approved by the Planning Director prior to the issuance of grading or
building permits, whichever occurs first.
All landscaped areas shall be maintained in a healthy and thriving condition, free from
weeds, trash, and debris.
The developer shall install street trees at the equivalent of 40.foot intervals along all public
street frontages in conformance with City of Carlsbad standards. The trees shall be of a
variety selected from the approved Street Tree List.
All landscape plans shall be prepared to conform with the Landscape Guidelines Manual and
submitted per the landscape plan check procedures on file in the Planning Department.
Landscape plans shall be designed to minimize water use. Lawn and other zone 1 plants
(see Landscape Guidelines Manual) shall be limited to areas of special visual importance or
high use. Mulches shall be used and irrigation equipment and design shall promote water
conservation.
Prior to final occupancy, a letter from a California licensed landscape architect shall be
submitted to the Planning Director certifying that all landscaping has been installed as
shown on the approved landscape plans.
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All herbicides shall be applied by applicators licensed by the State of California.
The applicant shah pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code.
The first set of landscape and irrigation plans submitted shall include building plans, improvement plans and grading plans.
AU landscape and irrigation plans shall show existing and proposed contours and shall
match the grading plans in terms of scale and location of improvements.
Mature trees which are removed shall be replaced one to one with minimum 36” box
specimen. Each case shall be reviewed by the Planning Director.
The minimum shrub size shall be 5 gallons, except as approved by the Planning Director.
The number of trees in a residential project shah be equal to or greater than the number
of residential units.
Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and shah require review and approval of the Planning
Director prior to installation of such signs.
The developer shall display a current Zoning and Land Use Map in the sales office at all
times, or suitable alternative to the satisfaction of the Planning Director.
All sales maps that are distributed or made available to the public shall include but not be
limited to trails, future and existing schools, parks, and streets.
Prior to the occupancy of any residential unit within this project, the Master Plans
recreational vehicle storage area (within Planning Area 23) with all weather access road to
it shall be available for use.
Prior to the occupancy of any of the dwelling units, the project applicant shall construct a
6.0 high sound attenuation wall between Alga Road and the Proposed dwelling units 3,7,
12,19,26,29,30-X3, and 52-56 along Alga Road. The wall shall be constructed consistent
with the recommendations of the Acoustical Study for Planning Area 16 (Ikstre Greve,
19%). Prior to the occupancy of units 3,7,12,19,26,29,30-33, and 52-56, the project
applicant shall incorporate all required traflic noise mitigation measures (i.e., balcony
barriers and me&a&al ventilation) into these units, as dexribed in the Acoustical Analysk
for PA 16.
Prior to the issuance of a grading permit or the xecordation of the final map, the project
applicant shall receive a Coastal Development Permit that approves development that is in
substantial confo rmance with this City approval. The Coastal Permit shall be required to be submitted to the City Planning Department for review prior to the issuance of a grading
permit
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hior to the ’ lssuanceofagradingpermit,allCoas~DeedRestrictedareasshallbestaked
i-ml flagged to prohibit encroachmeut by construction equipment
All units which are setback 6.5 feet or less hm a private driveway shall be equipped with
an automatic garage door opener.
Auperimeterfences/wallsshallberequiredtobedesignedconsistentwiththematerialsand
style of other Master Plan approved fences/walk
This project is approved subject to the condition that residential water conservation
measures including water effxient plumbing fixtures in conformance with State and Local
Laws and Policies, be incorporated into the projects design.
Prior to the recordation of the first final tract map or the issuance of residential building
permits, whichever is first, the owner of record of the property within the boundaries of this
tentative tract map shall prepare and record a notice that this property is subject to
oveflight, sight, and sound of ahcraft operating from McCIeIIan-PaIomar Akport in a
manner meeting the approval of the PIanning Director and the City Attorney. The applicant
shall post a&aft noise notification signs in all saks and/or rental offices associated with
the new development. the number and locatious of said signs shall be approved by the
Pkinning Director.
Engineering Conditions:
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This approval is subject to alI conditions of Master Plan 177, Carlsbad Tract 85-35 and Zone
19 Local Facilities Management Plan, and any amendments thereto.
This project is located withiu the MeIlo I Local Coastal Plan. AII development design shall
comply with the erosion control requirements.
The developer shall comply with all the rules, regulations and design requirements of the
respective sewer and water agencies regarding services to the project.
The developer shall be responsible for coordination with S.D.G.&E., Pacific Telephone, and
Cable TV authorities.
The developer shalI provide an acceptable means for maintaining alI the private streets,
sidewalks, street lights, storm drain facilities and sewer facilities located within the
subdivision and to distribute the costs of such maintenance in an equitable manner among
the owners of the units within the subdivision. Adequate provision for such maintenance
shall be included with the CC&R’s subject to the approval of the City Engineer. AlI of the
above improvements are considered private.
Approval of this tentative tract map shall expire twenty-four (24) months from the date of
City Council approval unless a final map is recorded. An extension may be requested by the
applicant. Said extension shall be approved or denied at the discretion of the City Council.
In approving an extension, the City Council may impose new conditions and may revise
existing conditions pursuant to Section 20.12.110(a)(2) Carlsbad Municipal Code.
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Prior to approval of the final map the developer shall enter into an agreement with the City
to pay any drainage area fees established as a result of the forthcoming Master Drainage
Plan Update.
The owner of the subject property shall execute a hold harmless agreement regarding
drainage across the adjacent property prior to approval of the final map for this project.
The applicant shall agree to utilize reclaimed water if available, in Type I form, on the
subject property in all common areas as approved by the City Engineer. Reclaimed water,
as defined in Section 1305(n) of the California Water Code, means water which, as a result
of treatment of wastewater, is suitable for a direct beneficial use or controlled use that
would not otherwise occur.
Grading in advance of final map may be allowed subject to City Engineer approval in
accordance with Chapter 11.06 Carlsbad Municipal Code and departmental policy.
Based upon a review of the proposed grading and the grading quantities shown on the
tentative map, a grading permit for this project is required. Prior to issuance of a building permit for the project, the applicant must submit and receive approval for grading plans in
accordance with City codes and standards, be issued a grading permit and complete the
grading work in substantial conformance with the approved grading plans.
The developer shall obtain a grading permit prior to the commencement of any clearing or
grading of the site.
No grading shall occur outside the limits of the subdivision unless a grading or slope
easement is obtained from the owners of the affected properties. If the developer is unable to obtain the grading or slope easement, he must either amend the tentative map or change
the slope so grading will not occur outside the project site in a manner which substantially
conforms to the approved tentative map as determined by the City Engineer and Planning
Director.
A separate grading plan shall be submitted and approved and a separate grading permit
issued for the borrow or disposal site if located within the city limits.
Prior to hauling dirt or construction materials to any proposed construction site within this
project the developer shall submit to and receive approval from the City Engineer for the
proposed haul route. The developer shall comply with all conditions and requirements the
City Engineer may impose with regards to the hauling operation.
The developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance with
the Carlsbad Municipal Code and the City Engineer. Reference Chap 11.06.
Rain gutters are to be provided where feasible to convey roof drainage to an approved
drainage device as approved by the City Engineer.
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Additional drainage easements and drainage structures shall be provided or installed prior
to the issuance of grading or building permit as may be required by the City Engineer.
The developer shall make an offer of dedication to the City for all public easements required
by these conditions or shown on the tentative map. The offer shall be made by a certificate
on the final map for this project. All land so offered shall be granted to the City free and
clear of all liens and encumbrances and without cost to the City. Streets that are already
public are not required to be rededicated.
Direct access rights for all lots abutting Alga Road, with the exception of the general utility
and access easement at Pintail Court and the emergency fire exit
Some improvements shown the tentative map and/or required by these conditions are
located offsite on property which neither the City nor the subdivider has sufficient title or
interest to permit the improvements to be made without acquisition of title or interest. The
Developer shall conform to Section 20.16.095 of the Carlsbad Municipal Code.
Prior to approval of any grading or building permits for this project, the owner shall give
written consent to the annexation of the area shown within the boundaries of the site plan
into the existing City of Carlsbad Street Lighting and Landscaping District No. 1. The form
shall be provided by the City during the improvement plancheck process.
Runoff from this project is conveyed to environmentally sensitive areas. The subdivider
shall provide adequate means of eliminating grease and oils from drainage prior to
discharge. Plans for such improvements shall be approved by the City Engineer prior to
issuance of grading or building permit. Those plans shall be in conformance with the
“Waste Jlisdmge Requirement for Stormwater and Urban Runoff from the County of San
Diego”.
Plans, specifications, and supporting documents for all improvements shall be prepared to
the satisfaction of the City Engineer. Prior to approval of the final map in accordance, with
City Standards the Developer shall install, or agree to install and secure with appropriate
security as provided by law, improvements shown on the tentative map and the following
improvements:
A. Alga Road to major arterial standards or better from Mimosa Street to El Camino
Real to the satisfaction of the City Engineer. This obligation may be shared with
other projects having a similar condition to the satisfaction of the City Engineer.
Improvements listed above shall be constructed within 24 months of final map approval
and/or improvement plan approval, whichever occurs first.
The design of all private streets and drainage systems shall be approved by the City
Engineer prior to approval of the final map or issuance of any grading permit which ever
occurs first for this project. The structural section of all private streets shall conform to City
of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall
be inspected by the City, and the standard plan check and inspection fees shall be paid prior
to approval of the final map/issuance of any or grading permit, whichever occurs first for
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this project. The horizontal design of the private streets are approved as shown on the
tentative map.
The developer shall install a wheelchair ramp at the public street comer abutting the project
site in conformance with City of Carlsbad Standards prior to occupancy of any buildings.
A.
B.
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The lot configuration as shown on the tentative map are specifically not approved.
The project shall have a total of nine (9) lots. AU lots shall remain as shown with
the addition of recreation area Lot 8, (a portion of Lot 2) and recreation area Lot
9 (a portion of Lot 4).
The construction phasing shall occur as follows:
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Phase 1 shall consist of Lot 5 for the model units.
Phase 2 shall consist of Lot 1.
Phase 3 shall consist of Lot 2 and recreation Lot 8.
Phase 4 shall consist of Lot 3.
Phase 5 shall consist of Lot 4 and recreation area Lot 9.
Phase 6 shall consist of constructing residential units in t&e model parking
area.
The following areas shall be granted as covenant for easements to all owners of
condominium units (not the Homeowner Association). These covenant for
easements shall be conveyed by separate document and recorded concurrent with
the final map.
1. A common area in perpetuity as a covenant running with the land over all
paved areas and sidewalks, except individual concrete driveways, for
vehicular access, parking, private utilities and maintenance purposes.
2. A common area in perpetuity as a covenant running with the land over Lot
1, through Lot 5, for landscaping, access, maintenance and recreational
purposes.
3. A common area in perpetuity as a covenant with the land over new Lots 8
and 9 for recreational, landscaping and maintenance purposes.
These covenant for easements shall be binding upon all successors, assigns
and transfers of covenantor. These covenants can not be quitclaimed
without the approval of the City. Wording to that effect shall be placed on
the covenants.
D. All the above changes shall be shown on the approved tentative map mylar.
E. If the developer chooses to construct out of phase, all improvements required by
previous phases must be constructed.
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The Fire Marshal has determined that onsite fire hydrants are required to serve this project.
Prior to issuance of a building pennit for the site, the applicant must submit and receive
City and water district approval for appropriate waterline improvement plans and easements.
All improvements shall be designed in conformance with City and Water District Standards,
plancheck and inspection fees paid and improvement security shall be posted with the Water
District.
The subject property is within the boundaries of Assessment Distrkt No. 88-l (Alga Road).
Upon the subdivision of land within the district boundaries, the subdivider may pass
through assessments to subsequent owners & if the subdivider has executed a Special
Assessment district Pass-Through Authorization AgreemenL Said agreement contains
provisions regarding notice to potential buyer of the amount of the assessment and other
provisions and requires the subdivider to have each buyer receive and execute a Notice of
Assessment and an Option Agreement. In the event that the subdivider does not execute
the Authorization Agreement, the assessment on the subject property must be paid off in
full bv the subdivider urior to anv subdivision of the land,
As required by State law, prior to the recordation of a final map over any of the subject
property, a segregation of assessments must be completed and recorded for all subdivided
lots. By applying for a segregation of assessments, the subdivider agrees to pay the fee to
cover the costs associated with the segregation A segregation is not required if the
subdivider pays off the assessment on the subject property prior to the recordation of the
final map. In the event a segregation of assessments is not recorded and property is
subdivided, the full amount of assessment will appear on the tax bills of & new lot
This project is approved under the express condition there will be model units. The grading
required for the model units is shown in an exhibit to the tentative map. The grading for
the model units prior to final map recordation is author&d pursuant to the approval of this
tentative map. Sewer and water must be provided to the site. Fire hydrants shah be
provided as deemed necessary by the Fire MarshalL
The CC~KR’S for this development shall state that all storm drains, sewerlines, and waterlines
which are not for fire service are private and will be maintained by the Homeowner
AssociatioIL
Fire Conditions:
70. Additional public and/or on site fire hydrants shall be provided if deemed necessary by the
Fire MarshaL
71. Tbe applicant shall submit two (2) copies of a site plan showing locations of existing and
proposed fire hydrants and on site roads and drives to the Fire Marshal for approval
72. An all weather access road shall be rnainkned throughout construction.
73. All required fire hydrants, water mains and appurtenances shall be operational prior to
combustible building materials being located on the project site.
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PmposedsemitygatesystemsshaUbe provided with “Knox” key operated o&de switch,
as specified by the Fire Department
All private driveways less than 32’ wide shall be kept clear of parked vehicles at all times,
and hall have posted “No Parking/Fire Lane-Tow away Zone” pursuan t to Carlsbad Municipal Code.
Fire retardant roofs shall be required on all structures.
Brush clearance shall be Lnaintained according to the specificatious contained in the City
of Carlsbad Iaudscape Guidelines Manual.
All iire alanu systems, fire hydrauts, extinguishing systems, automatic sprinklers, and other
systems pertinent to the project shall be submitted to the Fire Department for approval prior
to conslnlction.
Buildings exceeding 10,000 sq. k aggregate floor area shall be sprinklered.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 3rd day of October, 1990, by the
following vote, to wit:
AYES: Chairperson Schramm, Commissioners: Schlehuber, Holmes, Marcus
and Hall.
NOES: None.
ABSENT: Commissioners: Erwin and McFadden.
ABSTAIN: None.
SHARON SCHRAMM, Chairperson
CARLSBAD PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 3120
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
PLANNED UNIT DEVELOPMENT TO DEVELOP A 56 DWELLING
UNIT CONDOMINIUM PROJECT ON PROPERTY GENERALLY
LOCATED NORTH OF ALGA ROAD ALONG PINTAIL COURT.
CASE NAME: CALADRIS AT AVIARA - PLANNING AREA 16
CASE NO.: PUD 90-17
WHEREAS, a verified application for certain property to wit:
A subdivision of lot 90 of tract 85-35, Aviara Phase I according to
Map 12410 of the City of Carlsbad, County of San Diego, State of
California.
has been filed with the City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Title 21 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 3rd day of October, 1990, hold a
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map and Planned Unit Development.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as
follows:
A> That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission recommends
APPROVAL of PUD 90-17, based on the following findings and subject to the following
conditions:
Findings:
1. The project is consistent with Master Plan 177 since the proposed density of 4.88 du/acre
is within the permitted density of 14.9 du/acm as specified within MP 177.
2. The site is physically suitable for the type and density of the development since the site is
adequate in size and shape to accommodate residential development at the density
proposed.
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The Planning Commission has, by inclusion of an appropriate condition to this project,
ensured that the final map will not be approved unless the City Council finds that sewer
service is available to serve the project. In addition, the Planning Commission has added
a condition that a note shall be placed on the final map that building permits may not be
issued for the project unless the City Engineer determines that sewer service is available,
and building cannot occur within the project unless sewer service remains available, and the
Planning Commission is satisfied that the requirements of the Public Facilities Element of
the General Plan have been met insofar as they apply to sewer service for this project.
The dedication of the 12.4 acre school site at the intersection of Alga Road and Ambrosia
Lane is acceptable as mitigation of the impact to existing Carl&ad hi&d School District
school facilities.
The dedication of a 24.25 acre park site at the northm tenxum ‘us of Ambrosia Lane satisfies
park fee req-.
All necessary public improvements have been provided or will be required as conditions of
approval.
The applicant has agreed and is required by the inclusion of an appropriate condition to pay
a public facilities fee. Performance of that contract and payment of the fee will enable this
body to find that public facilities will be available concurrent with need as required by the
General Plan
Assurances have been given that adequate sewer for the project will be provided by the City
of Carlsbad.
The project is consistent with the development standards and design critexia of the Aviara
Master Plan 177 and the Planned Development Ordinance, the City% Noise Policy 17, and
theMelloILocalCoastalProgram.
The proposed project is compatible with the surrounding future land uses.
This project will not cause any significant environmental impacts and a Conditional
Negative Declaration has been issued by the Planning Director on August 24, 1990 and
recommended for approval by the Planning Commission on October 3, 1990. In
recommending approval of this Conditional Negative Declaration the Planning Commission
has considered the initial study, the staff analysis, all required mitigation measures and any
written comments received regarding the significant effects this project could have on the
environment.
The applicant is by condition, required to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
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13. This project is consistent with the City’s Growth Management Ordinance as it has been
conditioned to comply with any requirement approved as part of the Local Facilities
Management Plan for Zone 19.
Conditions:
1. All conditions of approval for CT 90-14 as contained in Planning Commission Resolution
No. 3119 apply to this approval and are incorporated through this reference.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 3rd day of October, 1990, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Schramm, Commissioners: Schlehuber, Holmes, Marcus
and Hall.
None.
Commissioners: McFadden and Erwin.
None.
.rQ $$&&&qJ
SHARON SCHIWMM, Chairperson
CARLSBAD PLANNING COMMISSION
ATIE&
Ik&AEI/J. HOLZMIlkER
PLANNI&IG DIRECTOR
PC RESO NO. 3120 -3-
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APPLIL .ION COMPLETE DATE:
June 28.1990
aJ
STAFF REPORT
DATE: OCTOBER 3,199O
TO: PLANNING COMMISSION 0 4
FROM: PLANNING DEPARTMENT
SUBJECT: CT 90-14/PUD 90-17 - CALADRIS AT AVIARA - PLANNING AREA 16 Request for
a 7 lot/56 dwelling unit Condominium Tentative Tract Map Planned Unit
Development, located within the Aviara Master Plan Area, north of Alga Road along
Pintail Court in Local Facilities Management Zone 19.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 3118 recommending
APPROVAL of the Conditional Negative Declaration issued by the Planning Director on August 24,
1990 and ADOPT Planning Commission Resolution No’s. 3119, and 3120, recommending
APPROVAL of CT 90-14/PUD 90-17 to the City Council based upon the findings and subject to the
conditions contained therein.
II. PROJECX DESCRIPTION AND BACKGROUND
The applicant is requesting approval of a 7 lot /56 dwelling unit condominium Tentative Tract Map
and Planned Unit Development located in Planning Area 16 of Aviara Master Plan. The site is
zoned P-C and is under a combination General Plan Designation of RLM/RM/OS/RC/N, however,
the specific site is limited to a maximum density of 14.9 dwelling units per acre through the Master
Plan. The proposed development falls within the Mello I segment of the Coastal Zone and, as such,
a Coastal Development Permit from the California Coastal Commission will also be required.
The proposed project site, as shown on Exhibits “A” - “E”, is 11.47 acres and is currently graded
according to approved master grading plans for CT 85-35, Aviara. The proposed density is 4.8
dwelling units per acre which is much lower than the 14.9 du/acre allowed by the Master Plan.
As shown on Exhibits “A” - “E”, dated October 3, 1990, the proposed development would consist of
56 condominium units in 4 duplexes, 8 three-plex, and 6 four-plex structures. The dwelling units
range in size from 1,700 to 2,100 square feet in area and all are two-story units. Each dwelling
unit has a private rear yard with a minimum dimension of 15 feet square. In addition to the private
areas, two common recreation areas, one active and one passive are being provided. The common
active recreation area is centrally located and offers a pool, spa, cabana, and outdoor lounge area.
The architecture of the project is Spanish Colonial, as required by the Aviara Design Guidelines.
Access to the project will be taken off of Alga Road and will share an intersection with Blue Heron
Place (Four Seasons Aviara Resort), to the south. Pintail Court will be gated at the entrance.
AVIARA PLANNING AREA I” J 90-14/PUD 90-17
OCTOBER 3, 1990
III.
1.
2.
3.
4.
5.
6.
ANALmIS
Does the proposed project conform to the development standards and design criteria of the
Aviara Master Plan and Planned Development Ordinance?
Is the proposed project as designed in compliance with the City’s Noise Policy No. 17?
Is the proposed project in compliance with the Mello I Local Coastal Program as
implemented through the Aviara Master Plan 177?
Is the proposed project consistent with the Zone 19 Local Facilities Management Plan?
Are all conditioned offsite improvements necessary for the development of the project?
Is the proposed project consistent with the Carlsbad Municipal Code with respect to model
units?
DISCUSSION
Master Plan Develoument Standards and Design Criteria
As proposed, the project complies with all Planning Area specific development standards of the
Aviara Master Plan and all other development standards of the Planned Development Ordinance.
Specifically, all structures are:
1.
2.
3.
Separated by a minimum of 20 feet,
Setback a minimum of 50 feet from Alga Road,
Setback a minimum of 20 feet and 5 feet from fronting private residential streets and
driveways, respectively, and
4. Below the maximum 35 foot height limit.
All of the units have a two-car garage of a minimum 400 square feet and the required 28 guest
parking spaces are distributed throughout the project both along Pintail Court and in offstreet
parking areas. As discussed previously, each unit has a private, rear yard of minimum 15 foot
square and a total of 15,600 square feet of common active and passive recreation areas are being
provided. As will all of other Planning Areas, no unit may receive a Certificate of Occupancy before
the RV parking site on Planning Area 23 is available for use with an all weather access road.
To comply with the design criteria of the Planning Area, the project incorporates strong
architectural relief and a vertical stepping of the units down the hillside. This helps portray the
mediterranean hilltown appearance called for in the Master Plan. The proposed project also
protects the Master Plan delineated open space as shown in Exhibits “A” - “E”, dated October 3,
1990.
Noise Policy - 12
The project is located within 500 feet of Alga Road and within 3 miles of McClellan-Palomar
Airport Road and is therefore subject to compliance with the City’s Noise Policy No. 17. The Noise
Policy requires that noise be mitigated to 60dBA five feet within the proposed property line at six
feet above finished grade and, above the first floor/story if usable exterior space is proposed. In
AVIARAPLANNING AREA Ad - CT90-14/PUD 90-17
OCTOBER3,1990
this project, the rear yards and balcony areas for units 3, 7,12,19,26,29,30-33, and 52-56, would
be impacted by traffic noise from Alga Road. The acoustical study for the project (see Attachment
“A”) presents required noise mitigations for the above units. This includes a maximum six foot high
sound attenuation wall along Alga Road and additional mitigations, such as balcony barriers and
mechanical ventilation, for the above mentioned units. These noise mitigations are conditioned to
be in place prior to occupancy. In addition, since the project site is located within 3 miles of
McClellan-Palomar Airport, the owner of the property has been conditioned to record a notice and
post adequate onsite signage, which identifies that the property is subject to overflight, sight and
sound of aircraft operating from McClellan-Palomar Airport.
Mello I Local Coastal Program
Since the Aviara Master Plan is the implementing ordinance for the Mello I LCP and consistency
with the Master Plan has been demonstrated, the proposed project is also consistent with the
applicable Local Coastal Program. All areas placed under deed restriction by the California Coastal
Commission are conditioned to remain in natural open space.
Growth Management Ordinance
The project is located in Local Facilities Management Zone 19 in the southwest quadrant of the
City. The proposed 56 units is 65 units below that allowed per Local Facilities Management Zone
19. All public utilities and services will be available to serve the project.
The impacts on public facilities created by the proposed project and compliance with adopted
performance standards are summarized below:
FACILITY
STANDARD IMPACTS
COMPLIANCE
WITH
City Administration 207.56 sq. ft
Library 110.70 sq. ft
Wastewater 56 EDU’s
Yes
Yes
Yes
Parks I 0.42 acres I Yes
Drainage I N/A I Yes
Circulation I 448 ADT I Yes
Fire I Stations #2 & 4 I Yes
Schools
Sewer Collection
Water Distribution
Open Space
N/A
56 EDU’s
12,320 GPD
N/A
Yes
Yes
Yes
Yes
AVIARA PIANNING AREA I, - LX 90-14/PUD 90-17
OCTOBER 3,199O
PAGE 4
Engineering Standards Variances
The applicant has requested approval of two major standards variances and two minor standards
variances. Major and minor standards variances are granted administratively by the City Engineer
pursuant to the Private Street/Driveway Design Criteria. A complete discussion of each of the
variances is included in a memo to the Planning Department from the City Engineer.
The two major standards variances are:
A. The deletion of sidewalks on not-through streets less than 250 feet in length serving 12
units or less.
B. The reduction of centerline radii on two curves on Pintail Court and the elimination on the
standard knuckle on 90” turns.
The City Engineer has approved the standards variances conditioned upon approval of the project.
The five standard findings required have been made as discussed in the attached memos to the
Planning Department.
A. Standard Variance for Sidewalk
The Engineering Standards currently require sidewalks on both sides of the public and
private streets. The applicant has requested the deletion of sidewalks on three not-through
street less than 250 feet in length and serving 12 04 less units.
B. Standard Variance for Centerline Radii and Elimination of the Standard Knuckle on 90“
Turns
Engineering standards currently require centerline radii on cul-de-sacs to be a minimum 200
feet and that 90” turns use a standard knuckle. The applicant has requested a variance to
reduce the centerline radii on 2 curves, one to 100 feet and the other to 150 feet. The
intent of the minimum centerline radius is to assure sight distance is maintained. Sight
distance at a design speed of 20 mph has been maintained.
One standards variance was approved administratively. It involves the use of rolled curb and gutter
in place of standard curb and gutter in cases where the driveways are less than 10 feet apart. The
rolled curb and gutter will transition into standard curb and gutter beyond the driveway. In cases
where driveways are less than 10 feet apart, the transition into standard curb and gutter cannot be
made.
A second minor standards variance approved administratively involves sidewalk width. City
standards require sidewalk to be five feet wide. The applicant applied for a minor variance to put
in sidewalks which are four feet wide. A four foot width is the minimum allowed to maintain
handicap access. Since pedestrian access can be safely maintained, the request for variance was
granted.
AVIARA PLANNING AREA It, - LX’ 90-14/PUD 90-17
OCTOBER 3,199O
PAGE 5
Off Site Imnrovements
This project has been conditioned to install offsite improvements to Alga Road between Mimosa
Street and El Camino Real. These improvements were initially required by the Zone 19 and Zone
6 Local Facility Plans at a later date. The construction of the Plaza Paseo Real commercial project
has advanced the timetable for construction of these improvements to Alga Road. The required
offsite improvements are needed now in order that the project traffic impacts will not result in a
failure of the adopted Growth Management Standard. The Four Seasons Hotel site as well as
several other proposed and approved projects, have been or will be conditioned to participate in
all or a portion of the improvements. Staff is currently working with these developers on a program
to equitably distribute costs of those improvements and to obtain the needed dedications from the
affected property owners.
Municinal Code Consistency
The project proposes four model units. The applicant desires to grade and build those model units
prior to final map approval. Model units prior to final map approval are allowed pursuant to
Carlsbad Municipal Code 21.06.030. Clearing, grubbing and grading prior to final map approval
are not allowed per the Code. The Planning Commission has the authority to approve grading prior
to final map approval. The applicant has included a site plan showing the grading necessary and
all required improvements associated with the model units. The site has been previously graded
and erosion control requirements are being complied with. A condition allowing the grading for
the model units and associated improvement prior to final map is a part of the tentative map
approval.
lv. ENVIRONMENTAL REVIEW
The Planning Director has determined that this project with the implementation of mitigation
measures, will not have a significant impact on the environment and, therefore, has issued a
Conditional Negative Declaration on August 24, 1990. The Environmental Analysis, together with
field checks by staff, concluded that because; (1) the project site has already been reviewed within
the Aviara Master Plan EIR 83-2(A); (2) the site has been previously rough graded; and (3) the
project will not encroach into deed restricted Coastal Sage Scrub habitat to the northwest, no
project - specific environmental impacts are anticipated. Mitigation measures (i.e., sound
attenuation wall, balcony barriers, and mechanical ventilation as described in the Acoustical
Analysis for PA-16) for traffic noise impacts from Alga Road shall be required prior to occupancy
of any dwelling unit. There were no public comments received during the public review period for
this Conditional Negative Declaration.
In summary, since the proposed project is: (1) in conformance to the development standards and
design criteria of the Aviara Master Plan and Planned Development Ordinance, (2) in compliance
with the City’s Noise Policy-17 as conditioned; (3) in conformance with the Mello I Local Coastal
Program and Zone 19 Local Facilities Management Plan; and (4) the required findings can be made
for the Engineering Standards Variances , staff recommends approval of CT 90-14/PUD 90-17.
AVlARA PLANNING AREA iv - LT 90-14/PUD 90-17
OCTOBER 3, 1990
PAGE 6
ATTACHMENTS
1.
2.
3.
5.
6.
7.
8.
9. 10.
11.
Planning Commission Resolution No. 3118
Planning Commission Resolution No. 3119
Planning Commission Resolution No. 3120
Location Map
Background Data Sheet
Disclosure Form
Local Facilities Impact Assessment Form
Memos to Planning Department from the City Engineer, dated August 27, 1990
Attachment “A”, Revised Noise Analysis for Aviara Planning Area 16
Exhibits “A” - “W”, dated October 3, 1990.
September 10, 1990
MG:km
.- .
BACKGROUND DATA SHEET
CASE NO: CT 90-14/PUD 90-17
APPLICANT: Caladris At Aviara - Planning Area 16
REQUEST AND LOCATION: A 1 lot 156 dwelling unit Condominium Tentative Tract
Map and Planned Unit Development located north of Alga Road along Pintail Court
LEGAL DESCRIPTION: A subdivision of lot 90 of Man 12410, CT 85-35. Citv of Carlsbad,
Countv of San Dieno APN: 215-040-16
Acres 11.47 Proposed No. of Lots/Units 7/56
GENERAL PLAN AND ZONING
Land Use Designation RLM/RM/OS/N/RC
Density Allowed 14.9 du/ac Density Proposed P-C
Existing Zone P-C Proposed Zone P-C
Surrounding Zoning and Land Use:
Zoning Land Use
Site P-C Vacant
North P-C Vacant
South P-C Vacant
East P-C Vacant
West P-C Vacant
PUBLIC FACILITIES
School District Carlsbad Water Carlsbad Sewer Carlsbad EDU’s 56
Public Facilities Fee Agreement, Date April 4, 1990
ENVIRONMENTAL IMPACT ASSESSMENT
x Conditional Negative Declaration, issued August 24. 1990
E.I.R. Certified, dated
Other, MG:km
c- - I *..
APPLICANT:
AGENT:
DISCLOSURE FORM
BRAMALEA CALIFORNIA, INC., A CAT- CORPORATI-JN Name (individual, partnership, joint venture, corporation, syndication)
ONE PARK PLAZA, SUITE 1100, IRVINE, CALIFORNIA 92714
Business Address
(714) 851-3131 Telephone Number
CROSBY MEAD BENTON & AS-ES Name
5966 LA PLACE COURT, SUITE 170, CARLSBAD, CA 92008
Business Address
(619) 438-1710 Telephone Number
MEMBERS:
Name (individual, partner, joint Home Address
venture, corporation, syndication)
Business Address
Telephone Number Telephone Number
Name Home Address
Business Address
Telephone Number Telephone Number
(Attach more sheets if necessary)
I /We understand that if this project is located in the Coastal Zone, I/we will apply
for Coastal Commission Approval prior to development.
I/We acknowledge that in the process of reviewing this application, it may be
necessary for members of City Staff, Planning Commissioners, Design Review Board
members, or City Council members to inspect and enter the property that is the
subject of this application. I/We consent to entry for this purpose.
I/We declare under penalty of perjury that the information contained in this disclosure
is true and correct and that it will remain true and correct and may be relied upon
as being true and correct until amended.
FOR
BY
CITY OF CARLSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
(To be Submitted with Development Application)
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO.: w Area 16 - CT W-l&WD 90-17
LOCAL FACILITY MANAGEMENT ZONE: 19 GENERAL PLAN: RLM/RM/OS/N/RC
ZONING: P-C
. . DEVELOPER’S NAME: Bm
ADDRESS: O- 93.714
PHONE NO.: (714) 851-1131 ASSESSOR’S PARCEL NO * 7.1 S-M& 16
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 11.47 ac/56 du
ESTIMATED COMPLETION DATE:
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
City Administrative Facilities: Demand in Square Footage =
Library: Demand in Square Footage =
Wastewater Treatment Capacity (Calculate with J. Sewer)
Park: Demand in Acreage =
Drainage: Demand in CFS =
Identify Drainage Basin =
(Identify master plan facilities on site plan)
Circulation: Demand in ADTs =
(Identify Trip Distribution on site plan)
Fire: Served by Fire Station No. =
Open Space: Acreage Provided -
Schools: JillA (Demands to be determined by staff)
Sewer: Demand in EDUs -
Identify Sub Basin -
(Identify trunk line(s) impacted on site plan)
Water: Demand in GPD -
707.55
Ii 0.7Q
0.47
N/A
448
#7R#4
N/A
56
The project is 65 units below the Growth Management Dwelling unit allowance.
August 31, 1990
TO: ENGINEERING FILE
FROM: Associate Engineer
AVIARA PLANNING AREA 16 CT 90-l 4/PUD 90-l 7 - SV 90-05/SV 9-06
ISSUE
Is the proposed project consistent with City Engineering Development Standards?
DISCUSSION
Enaineerina Develooment Standards
The applicant has requested approval of two major standards variances and two minor standards
variances. Major and minor standards variances are granted administratively by the City
Engineer pursuant to the Private Street/Driveway Design Criteria. A complete discussion of each
of the variances is included in a memo to the Planning Department from the City Engineer.
The two major standards variances are:
A. The deletion of sidewalks on not-through streets less than 250 feet in length
serving 12 units or less.
B. The reduction of centerline radii on two curves on Pintail Court and the elimination
on the standard knuckle on 90” turns.
The City Engineer approved both standards variances as discussed below.
A. Standard Variance for Sidewalk
The Engineering standards currently require sidewalks on both sides of the public
and private streets.. The applicant has requested the deletion of sidewalks on
three not-through street less than 250 feet in length and serving 12 or less units.
B. Standard Variance for Centerline Radii and Elimination of the Standard Knuckle
on 90” Turns.
Engineering standards currently require centerline radii on culde-sacs to be a
minimum 200 feet and that 90” turns use a standard knuckle. The applicant has
requested a variance to reduce the centerline radii on 2 curves, one to 100 feet
Aviara Planning Area 16
August 31, 1990 Page: 2
and the other to 160 feet. The intent of the minimum centerline radius is to assure
sight distance is maintained. Sight distance at a design speed of 20 mph has
been maintained.
One minor standards variance was approved administratively. It involves the use of rolled curb
and gutter in place of standard curb and gutter in cases where the driveways are less than 10
feet apart. The rolled curb and gutter will transition into standard curb and gutter beyond the
driveway. In cases where driveways are less than 10 feet apart, the transition into standard curb
and gutter cannot be made.
A second minor standards variance approved administratively involves sidewalk width. City
standards require sidewalk to be five feet wide. The applicant applied for a minor variance to put
in sidewalks which are four feet wide. A four foot width is the minimum allowed to maintain
handicap access, Since pedestrian access can be safely maintained, the request for variance
~~~~
Principal Civil Engineer
RJW:rz
Attachments
August 31, 1990
TO: ENGINEERING FILE
FROM: Principal Civil Engineer - LURD
BRAMALEA CALIFORNIA, INC. REQUEST FOR A MAJOR STANDARD VARIANCE - CT 90-
14/PUD 90-l 7
The Bramalea California Developer has requested a variance from City Design Standards. In
accordance with Private Street/Driveway Design Criteria of the City Standards, the Engineering
Department shall have the authority as an administrative act to grant variances to the City
Standards provided the following findings can be met:
1. That there are extraordinary or unusual circumstances or conditions applicable
to the situation of surrounding property necessitating a variance of the
Standards.
2. That the granting of such variance will not cause substantial drainage problems.
3. That the granting of such variance will not conflict with existing or future traffic
and parking demands or pedestrian or bicycle use.
4. That the granting of such variance will not be detrimental to the public welfare
or injurious to the property or improvements in the vicinity in which the variance
is granted.
5. That the granting of such variance will not adversely affect the comprehensive
general plan.
City staff has reviewed the variance request and has determined the following in this
memorandum.
Location: North of Alga Road and the Four Seasons Hotel and west of the
golf course in Aviara.
Request: Reduce sidewalk width to four feet from standard five feet.
Reason: To allow circulation through a constrained site.
Staff
Determination: Approve
Explanation: Staff believes the five findings can be made for this standards
variance request as follows:
Bramalea California Request for Standard Variance
August 31, 1990 Page: 2
A. The project lies within a confined triangular shaped lot.
The applicant is proposing a gated community with
pedestrian sidewalk circulation provided throughout the
site. The sidewalk circulation will occur on four foot width
sidewalks rather than the standard five foot. Handicap
access is maintained and there will be no obstruction
located within the sidewalk.
8. The variance request will have no impact on proposed
drainage courses.
C. This project is a gated community and is not a part of a
public circulation system. Since it does not provide
access to outside areas all conflicts with existing or future
traffic, parking demands and pedestrian or bicycle use in
the area are eliminated.
D. The granting of a variance will not be harmful to the
public, property, or improvements for the following
reasons: (1) Adequate unobstructed sidewalk width is
maintained to allow handicap circulation; (2) This is a
gated community, the majority of the people using the
sidewalks will be people who live here and are familiar
with the streets.
Principal Civil Engineerg
E. The project area as designed, complies with the City’s
adopted General Plan, Zoning and Master Pan (M.P. 177).
RJW:SLH:rz
August 31, 1990
TO: ENGINEERING FILE
FROM: Principal Civil Engineer - LURD
BRAMALEA CALIFORNIA, INC. REQUEST FOR A MAJOR STANDARDS VARIANCE - CT 90-
14/PUD 90-l 7 - SV 90-05
The Bramalea California Developer has requested a variance from City Design Standards. In
accordance with Private Street/Driveway Design Criteria of the City Standards, the City Engineer
shall have the authority as an administrative act to grant variances to the City Standards provided
the following findings can be met:
1. That there are extraordinary or unusual circumstances or conditions applicable to
the situation of surrounding property necessitating a variance of the Standards.
2. That the granting of such variance will not cause substantial drainage problems.
3. That the granting of such variance will not conflict with existing or future traffic and
parking demands or pedestrian or bicycle use.
4. That the granting of such variance will not be detrimental to the public welfare or
injurious to the property or improvements in the vicinity in which the variance is
granted.
5. That the granting of such variance will not adversely affect the comprehensive
general plan.
City staff has reviewed the variance request and is determining the following in this
memorandum.
Location: North of Alga Road and the Four Season Hotel and west of the golf
course in Aviara.
Request: The deletion of sidewalks on three not through private streets
sewing a maximum 12 units.
Reason: To open the project site up allow for more landscaping and less
hardscape.
Staff
Determination: Approve
Explanation: Staff believes the five findings can be made for this standards
variance request as follows:
A. The Planned Development Ordinance provides flexibility for
innovate site design. Aldea at Aviara is a privately owned
-.
Bramalea California Request for Standard Variance
August 31, 1990 Page: 2
and maintained gated community which combines open
space areas with a village concept and abundant
landscaping. The design provides the deletion of sidewalks
on both sides of the short private driveways which do not
provide through access. Sidewalks are maintained on both
sides of the street on the main private street and provide
access to both the passive and active recreation areas.
The deletion of sidewalks on these private driveways allows
for more effective landscaping and less hardscape on these
slightly curvilinear private streets.
In addition, the deletion of sidewalks promote greater safety
because the five foot minimum building setbacks are
measured from the back of curb. The addition of a
sidewalk would allow 10’ which would promote vehicles to
park in driveways and over hang into the street. Since
these streets are short not through streets, speeds will
remain low.
B. The granting of the variance will have no affect on
proposed drainage courses.
C. The sidewalk plan is designed to enhance internal
pedestrian needs as it relates to destination areas within the
gated community, such as guest parking, recreation
facilities, and entrances to the dwelling units.
D. The design provides a pedestrian circulation system
through the project which is both safe and effective. The
sidewalk is located on the main private street in this
development. Sidewalk access to main common areas is
maintained with the majority of the units fronting on the
shorter not through private driveways and pedestrian
circulation occurring on sidewalks where there are fewer
driveway cuts to minimize conflict between pedestrians and
automobiles.
E. The granting of this variance will not adversely affect the
City’s adopted General Plan, Zoning and Master Plan
(MP 177).
ROBERT J. WOJCIK
Principal Civil Engineer
RJW:SLH:rz
August 30,lWO
TO: ENGINEERING FILE
FROM: Principal Civil Engineer - LURD
BRAMALEA CALIFORNIA, INC. REQUEST FOR A MAJOR STANDARD VARIANCE - CT 90-
14/PUD 90-l 7 - SV 90-06
The Bramalea California Developer has requested a variance from City Design Standards. In
accordance with Private Street/Driveway Design Criteria of the City Standards, the City Engineer
shall have the authority as an administrative act to grant variances to the City Standards
provided the following findings can be met:
1. That there are extraordinary or unusual circumstances or conditions applicable
to the situation of surrounding property necessitating a variance of the
Standards.
2. That the granting of such variance will not cause substantial drainage problems.
3. That the granting of such variance will not conflict with existing or future traffic
and parking demands or pedestrian or bicycle use.
4. That the granting of such variance will not be detrimental to the public welfare
or injurious to the property or improvements in the vicinity in which the variance
is granted.
5. That the granting of such variance will not adversely affect the comprehensive
general plan.
City staff has reviewed the variance request and is determining the following in this
memorandum.
Location: North of Alga Road and the Four Season Hotel and west of the
golf course in Aviara.
Request: Reduce centerline radii on 2 curves on Pintail Court and to
eliminate the standard knuckle on 90” turns.
Reason: To develop a street plan within the confined area of the project
site which is allowed only one access off Alga Road at the
western most boundary of the property.
Staff
Determination: Approve
Explanation: Staff believes the five findings can be made for this standards
variance request as follows:
Bramalea California Request for Standard Variance
August 31, 1990 Page: 2
A. The project area is a gated community within a confined
triangular shaped lot. The lot must take access off Alga
Road directly across from Blue Heron Road, the entrance
to the Four Seasons Hotel. This request forces a wider
entrance in a constrained area to match the approved
entrance to the hotel. The first curve occurs at the
entrance just beyond the gate where traffic will already be
slow. The second occurs towards the middle of the site.
The curve will reduce onsite speeds while maintaining City
standards sight distance requirements. The standard
knuckles have been eliminated as they are normally
required to provide additional frontage for units adjacent
to the knuckle area. Since one curve occurs adjacent to
deed restricted open space and the other adjacent to
airspace condominium units, no such needs exist to
provide a knuckle.
B. The variance request will have no impact on proposed
drainage courses.
C. The project area is a self contained gated community and
does not provide access or parking to outside areas,
thereby eliminating conflict with existing or future traffic,
parking demands and pedestrian or bicycle use in the
area.
D. The granting of a variance will not be harmful to the
public, property, or improvements for the following
reasons: (1) Adequate site distance is maintained; (2) This
is a gated community. The majority of the people using
this road would be people who live here and are familiar
with the streets; (3) The addition of the curves is intended
to slow down on site speeds.
E. The project area as designed, complies with the City’s
adopted General Plan, Zoning and Master Pan (M.P. 177).
#4h-+~y;“;L ROBERT J. WOJCIK
Principal Civil Engineere
RJW:SLH:rz
August 31, 1990
TO: ENGINERING FILE
FROM: Principal Civil Engineer - LURD
BRAMALEA CALIFORNIA, INC. REQUEST FOR A MINOR STANDARDS VARIANCE - CT 90-
14/ PUD-90-17
The Bramalea California Developer has requested a variance from City Design Standards. In
accordance with Private Street/Driveway Design Criteria of the City Standards, the City Engineer
shall have the authority as an administrative act to grant variances to the City Standards provided
the following findings can be met:
1. That there are extraordinary or unusual circumstances or conditions applicable to
the situation of surrounding property necessitating a variance of the Standards.
2. That the granting of such variance will not cause substantial drainage problems.
3. That the granting of such variance will not conflict with existing or future traffic and
parking demands or pedestrian or bicycle use.
4. That the granting of such variance will not be detrimental to the public welfare or
injurious to the property or improvements in the vicinity in which the variance is
granted.
5. That the granting of such variance will not adversely affect the comprehensive
general plan.
City staff has reviewed the variance request and is determining the following in this
memorandum.
Location: North of Alga Road and the Four Seasons Hotel and west of the
golf course in Aviara.
Request: Use of rolled curb and gutter in lieu of standard curb and gutter in
situations where driveways are less than ten feet apart.
Reason: Due to the proximity of driveways to one another, the transition
from driveway curb cut to standard curb cannot be made. The use
of rolled curb and gutter will allow a smooth transition at locations
with close driveways.
Staff
Determination:
Explanation:
Approve
Staff believes the five findings can be made for this standards
variance request as follows:
Bramalea California Request for Standard Variance
August 31, 1990 Page: 2
A. The project area is located within a gated community. The
units are attached condominiums with garages below each
unit. The driveways for the garages are too close together
to transition into standard curb and gutter. By using rolled
curb and gutter through areas where driveways are less
than 10 feet apart, it eliminates the short span of standard
curb and gutter which could be a safety hazard.
B. The variance request will have not impact on proposed
drainage courses.
C. The areas where rolled curb and gutter will be used are
those with driveways less than 10 feet apart. There won’t
be parking in front of these areas and sidewalk is provided
for pedestrian circulation, thus eliminating conflict with
existing or future traffic, parking demands and pedestrian or
bicycle use in the area.
D. The granting of a variance will not be harmful to the public,
property, or improvements for the following reasons: (1)
This is a gated community, therefore access is limited; (2)
It actually creates a safer situation by not having partial
curb between units; (3) This occurs only in front of
driveways so there will be no parking along the rolled curb
thereby eliminating the opportunity to drive over the rolled
curb onto sidewalk or landscape areas.
E. The project area as designed, complies with the City’s
adopted General Plan, Zoning and Master Plan (M.P. 177).
&.4&6qTwj”Lc
ROBERT J. WOJCIK
Principal Civil Engineer+
RJW:SLH:rz
-.
c .CHMENT “A”
FINAL EXTERIOR NOISE ANALYSIS FOR AVIARA 16 CITY OF CARLSBAD
Report # 90- 179 July 25, 1990
Prepared For:
Bramalea California 4330 La Jolla Village Drive San Diego, CA 92 122
Prepared By:
Vincent Mestre, P.E. Mike Holritz
.MESTRE GREVE ASSOCIATES 280 Newport Center Drive Suite 230 Newport Beach, CA 92660-7528 (714)760-0891
. Mestre Greve Associates Report # 90- 179 Page 1
SUMMARY MINIMUM REQUIREMENTS TO MEET CITY OF CARLSBAD STANDARDS
Report #90-179 July 25, 1990
EXTERIOR NOISE LEVELS
The residential units in the project must comply with the City’s 60 CNBL exterior noise standard. Without mitigation, first floor exterior observers would experience a worst case traffic noise level of 67.9 CNEL at Unit 19. A number of outdoor living areas in the project will require mitigation to comply with the 60 CNEL exterior noise standard. Those first floor exterior areas which require mitigation are listed below in Table Sl. The data used in the first floor noise barrier analysis is shown in Appendix 1. Without mitigation, balcony observers would experience a worst case traffic noise level of 64.0 CNEL at Unit 56. The balconies which require mitigation are listed below in Table S2. The data used in the balcony barrier analysis is shown in Appendix 2.
Table Sl REQUIRED REAR YARD NOISE BARRIER HEIGHTS AND LOCATIONS
BARRIER HEIGHT (FT)* UNIT 60 CNEL AT YARD
(Along Alga Road)
3,12,19 7
* - Denotes height above top of slope
Table S2 REQUIRED BALCONY BARRIER
HEIGHTS AND LOCATIONS
BARRIER I-IBIGHT (FT)* UNIT 60 CNEL AT BALCONY
(Along Alga Road)
3,7,19,55,56 6.5 12 7.0
* - Denotes height above balcony floor
Mestre Greve Associates Report # 90- 179 Page 2
With the noise barriers listed in Table S 1, the noise levels at all first floor exterior living areas in the project will be reduced to below 60 CNEL. These noise barriers shah be located at top of slope. With the balcony barriers listed in Table S2, the noise levels at all balconies in the project will also be reduced to below 60 CNEL.
The noise barriers must have a surface density of at least 3.5 pounds per square foot, and have no openings or cracks. The noise barriers may be a wall, berm, or a combination of the two. The wall may be constructed of l/4 inch plate glass, 5/8 inch plexiglass, any masonry material, or a combination of these materials. Wood and other materials may be acceptable if properly designed as noise barriers.
INTERIOR NOISE LEVELS
The project must comply with the City of Carlsbad indoor noise standard. With standard construction practices in California, residential buildings achieve outdoor to indoor noise reductions of at least 20 dB assuming windows are closed. Buildings in the project will be exposed to a maximum noise level of 64.1 CNEL at the second floor of Unit 56. Therefore, the project will meet the 45 CNEL interior noise standard without building upgrades.
MECHANICAL VENTILATION REQUIREMENTS
Since the noise attenuation of a building falls to about 15 dB with windows open, any buildings exposed to noise levels greater than 60 CNEL will meet the 45 CNEL interior noise standard only with windows closed, therefore requiring mechanical ventilation. Mechanical ventilation will be . Fred for those units listed in Table S3,
Table S3 PRELIMINARY MECHANICAL
VENTILATION REQUIREMENTS
UNIT NUMBER
397 12,19 26 29 through 33 52 through 56
Mestre Greve Associates Report # 90- 179 Page 3
FINAL EXTERIOR
NOISE ANALYSIS FOR
AVIARA PLANNING AREA 16 CITY OF CARLSBAD
1.0 INTRODUCTION
The purpose of this report is to show compliance of Planning Area 16 with the noise related ‘Conditions of Approval’ placed on the project by the City of Carlsbad. The project calls for the development of multi-family homes. This report incorporates the 60 CNEL exterior noise standard recently adopted by the City of Carlsbad. The project is located in the City of Carlsbad, along Alga Road, as shown in Exhibit 1. The project site will be impacted by traffic noise from Alga Road. The project is not impacted by railroad or aircraft noise. This study determines the need for any mitigation measures to meet the 60 CNEL exterior noise standard, and addresses the 45 CNEL interior noise standard required by the City of Carlsbad. Mitigation measures that would be required in order to meet 65 CNEL are also included, for comparison only.
2.0 NOISE CRITERIA
The predominant rating scale now used in California for land-use compatibility assessment is the Community Noise Equivalent Level (CNEL). CNEL is a 24hour time weighted annual average noise level based on the A-weighted decibel. A-weighting is a frequency correction that correlates overall sound pressure levels with the frequency response of the human ear. Time weighting refers to the fact that noise that occurs during certain sensitive time periods is penalized for occurring at these times. The evening time period (7 PM to 10 PM) penalizes noises by 5 dB, while nighttime (10 PM to 7 AM) noises are penalized by 10 dB. These time periods and penalties were selected to reflect peoples sensitivity to noise as a function of activity.
The City of Carlsbad requires that outdoor living areas not exceed a noise level of 60 CNEL for a six-foot-tall observer located five feet within the property line. In addition, interior noise levels may not exceed 45 CNEL.
The site plan for the project (Exhibit 2) was provided by Crosby Mead Benton & Associates (“Tentative Map for Aviara Planning Area 16; July 23,199O”).
3.0 METHODOLOGY
The noise levels projected in the next section of this report were computed using the Highway Noise Model published by the Federal Highway Administration (“FHWA Highway Traffic Noise Prediction Model”, FHWA-RD-77-108, December 1978). The FHWA Model uses traffic volume, vehicle mix, vehicle speed, and roadway geometry to compute the “equivalent noise level”. A computer code has been written which computes equivalent noise levels for each of the time periods used in CNEL. Weighting these noise levels and summing them results in the CNEL for the traffic projections used. CNEL contours are found by iterating over many distances until the distance to 60,65, and 70 CNEL contours are found.
Mesa-e Greve Associates Report # 90- 179 Page 4
Mitigation through the design and construction of a noise barrier (wall, berm, or combination wall/berm) is the most common way of alleviating traffic noise impacts. The effect of a noise barrier is critically dependent upon the geometry between the noise source, the barrier, and the observer. A noise barrier effect occurs when the “line of sight” between the noise source and the observer is penetrated by the barrier. The greater the penetration, the greater the noise reduction. The FHWA model was also used here in computer&i format to determine the required barrier heights.
4.0 ROADWAY NOISE
The future traffic volume for Alga Road was obtained from Dennis Turner at Carlsbad Planning on July 7, 1990. The future average daily traffic volume for Alga Road was taken from the “Carlsbad Transportation Model, 2010 Land Use Assumptions With 2010 Network Assumptions (Calibrated Trip Rates From SR-78 Study), June 23, 1990”. The future average daily traffic volume for Alga Road between Poinsettia Lane and Batiquitos Drive is 19,000. A vehicle speed of 40 miles per hour was utilized. A 7% roadway grade was used in the CNEL calculations. Truck mixes for each of the time periods used in the CNEL calculation are presented in Table 1. These traffic distribution estimates are based upon traffic surveys, and are considered typical for arterials in Southern California.
Table 1 TRAFFIC DISTRIBUTION PER TIME OF DAY
IN PERCENT OF ADT
VEHICLETYPE DAY EVENING NIGHT
Automobile 75.51 12.57 9.34 Medium Truck 1.56 0.09 0.19 1 leavy Truck 0.64 0. (J2 0.08
Using the assumptions presented above, the future noise levels were computed. The results are reported here in Table 2 in terms of distances to the 60, 65, and 70 CNEL contours. These represent the distances Erom the centerline of the roadway to the contour value shown. Note that the values given in Table 2 do not take into account the effects of intervening topography that may affect the roadway noise exposure. Topographic effects are included in subsequent analyses to determine the actual noise exposure on the project site. In addition, these projections do not include any future vehicle noise reduction assumptions to take into account the effects of legislation requiring quieter vehicles in the future.
Mestre Greve Associates Report # 90- 179 Page 5
Table 2 DISTANCE TO NOISE CONTOURS FOR FUTURE TRAFFIC CONDITIONS
ROADWAY SEGMENT DISTANCE TO “EL CONTOUR (FT) -7o-
Alga Road 41 87 188
The results in Table 3 and the site plan (Exhibit 2) indicate that a number of exterior living areas along Alga Road will be exposed to traffic noise levels in excess of 60 CNEL. Exterior observers along Alga Road will experience a worst case traffic noise level of 67.9 CNEL at Unit 19. Balcony observers along Alga Road will experience a worst case traffic noise level of 64.0 CNEL at Unit 56.
5.0 EXTERIOR NOISE MITIGATION
For the exterior living areas which are exposed to noise levels greater than 60 CNEL, some form of noise mitigation is required. An effective method of reducing the traffic noise levels to acceptable levels is with a noise barrier. Representative cross-sections along the roadway (see Appendix for analysis data) were analyzed utilizing the FHWA Model to determine the necessary noise barrier locations and heights. The results of the analysis indicate that in order to meet the 60 CNEL exterior noise standard, noise barriers are required for a number of exterior living areas facing Alga Road. Required first floor noise barrier locations and heights to meet the 60 CNEL exterior noise standard are listed (in bold type) in Table 3, and shown in Exhibits 3a and 3b. The noise barriers shall be located at top of slope as shown in Exhibits 3a and 3b. For the sake of comparison, required noise barrier locations and heights to meet 65 CNEZL are also listed in Table 3, and shown in Exhibits 3c and 3d.
Balcony barriers will be required for some units facing Alga Road in order for these exterior living areas to meet the 60 CNEL exterior noise standard. Units requiring balcony barriers to meet the 60 CNEL exterior noise standard are listed (in bold type) in the third column of Table 4, and shown in Exhibits 3a and 3b. These balconv baker reouirements auulv onlv to those balco ‘es with line- of-sight exDosure to Alea Road, For the sake of comparison, required balcony btie%cations and heights to meet 65 CNEL are also listed in Table 4, and shown in Exhibits 3c and 3d.
Table 3 NOISE BARRIER REQUIREMENTS FOR
FIRST FLOOR EXTERIOR LIVING AREAS
Mestre Greve Associates Report # 90- 179 Page 6
UNIT BARRIER HEIGHT (FT)* 65 CNEL 60 CNEL AT “YARD” AT “YARD” TOP-OF-WALL ELEVATION
(Along Alga Road)
3 NR 2: 2 273.3 269.8 12 Z:“o 256.1 19 5.0 251.7
* - Denotes height above top of slope NR - Indicates “No Barrier Required”
Table 4 BALCONY BARRIER REQUIREMENTS
TO MEET EXTERIOR STANDARD
BALCONY BARRIER HEIGHT (FT)* UNIT 65 CNEL 60 CNEL AT BALCONY AT BALCONY
(Along Alga Road)
3,7,19,55,56 12
* - Denotes height above balcony floor NR - Indicates “No Barrier Required”
NR NR
The first floor exterior living areas in the project will meet the City of Carl&ad’s 60 CNEL exterior noise standard with the barriers listed (in bold type) in the third column of Table 3, and shown in Exhibits 3a and 3b. For comparison only, first floor barrier locations and heights to meet 65 CNEL are also listed in the second column of Table 3, and shown in Exhibits 3c and 3d.
Mestre Greve Associates Report # 90- 179 Page 7
The balconies in the project will meet the City of Carlsbad 60 CNEL exterior noise standard with the barriers listed (in bold type) in the third column of Table 4, and shown in Exhibits 3a and 3b. These balconv barrier reauirements applv onlv to those balconies with line-of-sight exnosure to Alga Road. For comparison only, balcony barrier locations and heights to meet 65 CNEL are listed in the second column of Table 4, and shown in Exhibits 3c and 3d.
The noise barriers are required to have a surface density of at least 3.5 pounds per square foot, and have no openings or cracks. They may be constructed of wood studs with stucco exterior, l/4 inch plate glass, 5/8 inch plexiglass, any masonry material, or a combination of these materials. Wood and other materials may be acceptable if properly designed as a noise barrier.
6.0 INTERIOR NOISE MITIGATION
The project must comply with the City of Carlsbad indoor noise standard. With standard construction practices in California, residential buildings achieve outdoor to indoor noise reductions of at least 20 dB assuming windows are closed. Buildings in the project will be exposed to a maximum noise level of 64.1 CNEL at the second floor of Unit 56. Therefore, the project will meet the 45 CNEL interior noise standard without building upgrades.
7.0 MECHANICAL VENTILATION REQUIREMENTS
Since the noise attenuation of a building falls to about 15 dB with windows open, all buildings exposed to noise levels greater than 60 CNEL will meet the 45 CNEL interior noise standard only with windows closed. In order to assume that windows can remain closed to achieve this required attenuation, adequate ventilation with windows closed must be provided per Uniform Building Code.This can be achieved with mechanical ventilation to provide fresh air. The system must supply two air changes per hour to each habitable room including 20% fresh make-up air obtained directly from the outside. The fresh air inlet duct will be of sound attenuating construction and shall consist of a minimum of ten feet of straight or curved duct, or six feet plus one sharp 90 degree bend. Mechanical ventilation will be reauired for those homes listed in Table 5. and shown in Exhibits 4a and 4b,
Table 5 MECHANICAL VENTILATION
REQUIREMENTS FOR AREA 16
UNlT NUMBER
3.7 12,19 26 29 through 33 52 through 56
Mestre Greve Associates Report # 90- 179 Page 8
APPENDIX 1 DATA USED TO DESIGN NOISE BARRIERS ALONGALGAROAD
Lot
3
7
12
19
26
31
32
33
Road Distance Base Of Dist. To Pad Observer 1
Elevation To Wall Wall Observer Elevation Height
268.8 51 268.8 64 261.7 6
262.7 51 262.7 59 260.8 6
251.1 51 251.1 82 241.8 6
246.7 51 246.7 56 242.8 6
232.2 51 232.2 92 206.8 6
217.2 51 217.2 93 195.8 6
214.6 51 214.6 91 194.5 6
212 51 212 84 193.3 6
Mestre Greve Associates Report # 90- 179 Page 9
APPENDIX 2 DATA USED TO DESIGN BALCONY BARRIERS ALONG ALGA ROAD
Lot
3
7
12
19
55
56
Road Distance Base Of Dist. To Observer Observer
Elevation To Wall Wall Observer Elevation Height
268.8 103 271.7 108 271.7 6
262.7 107 270.8 112 270.8 6
251.1 102 251.8 107 251.8 6
246.7 101 252.8 106 252.8 6
191 108 195.8 113 195.8 6
185.8 97 194.3 102 194.3 6
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October 3, 1990 PLANNING COMMISSION Page 11 COMMISSIONERS
amm inquired if the project is expecting Kennedy replied that they are planning for
Chairman SC where children w strongly consider
where children wil
Commissioner Holmes 11 project and can support it. He likes the larger lots an lower density. His questions regarding the sidewalks en answered to his satisfaction.
There being no other persons g to address the Commission on this topic, Chairm hramm declared the public testimony closed and opene item for discussion among the Conrmission members.
Motion was duly made, seconded, and c Commission Resolution No. 3113 recommen
recommending approval of CT 90-lO/PUD 90-l
Council based on the findings and subject contained therein, including the following:
Condition #74, Resolution No. 3114, as propose handout, and (2) changes to Conditions %72 and 1174 as outlined in staff memo dated October 3, 1990.
4) CT 90-14/PUD 90-17 - CALADRIS AT AVIARA - PLANNING AREA 16 - Request for a 7 lot/56 dwelling unit Condominium Tentative Tract Map and Planned Unit Development, located within the Aviara Master Plan Area, north of Alga Road along Pintail Court in Local Facilities Management Zone 19.
Michael Grim, Assistant Planner, reviewed the background of
the.request and stated that the applicant is requesting approval of a condominium project on an 11.47 acre site in
the Aviara Master Plan., The allowable density of this site is 14.9 du's/acre. The proposed project would consist of 56 townhome units to be developed at 4 duplex, 8 triplex, and 6 fourplex structures. All of the structures will be two stories in height, below the maximum 35 ft. height limit and range in size from 1,700 s.f. to 2,100 s.f. Each unit will have a rear yard with a minimum 15 s.f. patio. The proposed architecture is Spanish Colonial as recommended by the Aviara Design Guidelines. Access to the project will be off Alga Road and will share an intersection with Blue Heron Place,
the entrance to the Four Seasons Aviara Resort. A 6 ft. high masonry wall along Alga Road will mitigate noise levels to 6OCNRL. Pintail Court will be gated at the entrance. The proposed project has a centrally located active recreation area offering a pool, spa, cabana, and outdoor lounge area. The proposed project is in conformance with all standards and the City Engineer has approved variances to eliminate sidewalks on not-through streets of less than 250 ft. in length serving 12 units or less, reduce center line radii on Pintail Court, eliminate the standard knuckle on 90 degree turns, and recommends a condition to allow grading for model homes and associated improvements prior to final map.
Hall Holmes Marcus
Schlehuber Schramm
October 3, 1990 PLANNING COMMISSION Page 12 COMMISSIONERS
Commissioner Holmes inquired if Condition 1112 of Resolution
No. 3119 means there will be no garages. Mr. Grim replied that Condition 112 is a standard condition and can be eliminated.
Chairman Schramm inquired if there would be a change to Condition W65. Mr. Wojcik replied that there was an error on the lot numbers which is in the process of being remedied.
Chairman Schraunn opened the public testimony and issued the invitation to speak.
Mr. Jack Rymer, Vice President of Land Development, Bramalea California, Inc., One Park Plaza, Suite 1100, Irvine, CA 92714, addressed the Commission and stated that they agree with the staff recommendations and would appreciate approval of the project. He noted that the project name has been changed from Caladris to Aldea.
Chairman Schramm inquired about the 4 oak trees in this area which were to be preserved.
Larry Clemens, Hillman Properties, addressed the Coxmnission
and stated that he believes there may be confusion between Area 16 and Area 7. Chairman Schramm stands corrected.
Mr. Rymer returned to the podium and requested that Condition 1176 be reworded to read that "All private driveways less than 32 ft. wide shall be kept clear...". Staff can accept the change.
There being no other persons desiring to address the Commission on this topic, Chairman Schramm declared the public testimony closed and opened the item for discussion among the Commission members.
Bob Wojcik, Principal Engineer, read aloud the revisions to
Condition 465 as follows:
65. A. The lot configurations as shown on the tentative map are specifically not approved. The project
shall have a total of nine (9) lots. All lots shall remain as shown with the addition of recreation Lot 8 (a portion of Lot 2) and recreation area Lot 9 (a portion of Lot 4).
B. The construction phasing shall occur as follows:
1. Phase 1 shall consist of Lot 5 for the model units.
2. Phase 2 shall consist of Lot 1.
3. Phase 3 shall consist of Lot 2 and recreation Lot 8.
4. Phase 4 shall consist of Lot 3.
5. Phase 5 shall consist of Lot 4 and recreation area Lot 9.
6. Phase 6 shall consist of constructing residential units in the model parking area.
c. 2. Add the word "inclusive" after "Lot 5."
October 3, 1990 PLANNING COMMISSION Page 13 COMMISSIONERS ’
3. A common area in perpetuity as a covenant with the land over new Lots 8 and 9 for recreational, landscaping, and maintenance purposes.
Chairman Schramm inquired if recreation areas are separated
in other areas. Mr. Wojcik replied that they are.
Commissioner Hall inquired if the applicant agrees with the changes read by Mr. Wojcik. Mr. Rymer replied that he agrees with the changes.
Motion was duly made, seconded, and carried to adopt Planning Commission adopt Planning Commission Resolution No. 3118 recommending approval of the Conditional Negative Declaration issued by the Planning Director on August 24, 1990 and adopt Planning Commission Resolution Nos. 3119 and 3120, recommending approval of CT 90-14/PUD 90-17 to the City Council based upon the findings and subject to the conditions contained therein, with the following changes: (1) delete Condition #12, Resolution No. 3119; (2) revise Condition 676 to add the words "less than 32 ft. wide"; and (3) revise Condition W65 as read aloud by Mr. Wojcik.
Chairman Schramm thanked all of the Aviara applicants for providing maps showing measurements for side yard setbacks.
ADDED ITEMS AND REPORTS:
Gary Wayne, Assistant Planning Director, noted that a newly adopted sidewalk and driveway policy had been passed out for the benefit of Commissioners.
Commissioner Holmes reported that the Christmas party would be held at the Beach View Lodge and would probably be
potluck. He will report more details at the next meeting.
ADJOURNMENT:
By proper motion, the meeting of October 3, 1990 was adjourned at 8:58 p.m.
Respectfully submitted,
MICHARL HOLZMILLRR Planning Director
BETTY BUCKNW Minutes Clerk
MINUTRS ARR ALSO TAPED AND KEPT ON FILE UNTIL THE MINUTRS ARH APPROVED.
Hall Holmes Marcus Schlehuber Schramm
Hall Holmes Marcus Schlehuber Schramm
Decreed A’Legal Newspaper by the Superior Court of San Diego County
Mail all correspondence regarding public notice advertising to
N.C.C.N. Inc. P.O. Box 878, Encinitas, CA 92024 (619) 753-6543
Proof of Publication
STATE OF CALIFORNIA, ss.
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitled matter.
I am principal clerk of the printer of the Carlsbad Journal, a newspaper of general circulation,
published weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper
is published for the dissemination of local news and intelligence of a general character, and which
newspaper at all times herein mentioned had and still has a bona fide subscription list of paying
subscribers, and which newspaper has been established, printed and published at regular intervals in the
said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next m- along Pintail Court in Local Facili- ties Management Zone 19 and more particularly described as: A suhdi- vision of loi 99 of tract 8535, Aviara Phase I according to Map 12410 filed in the offlice of the San Diego County Recorder. Ifyou have any questions regard- ing this matter, please call the Planning Department at 438-1161.
preceding the date of publication of the
notice hereinafter referred to; and that the
notice of which the annexed is a printed
copy, has been published in each regular
and entire issue of said newspaper and not
in any supplement thereof on the follow-
ing dates, to-wit:
Proof of PubliA
HEARING CT 90-14/PUD 90-17/W 90-5/
SV90.0
NOTICE IS HEREBY GIVEN that the City Council of the City of Carls- bad will hold a public hearing at the City Council Chambers, 1209 Carlsbad Village Drive (formerly Elm Avenue), Carlshad. California, at 6:09 P.M., on Tuesday, November 13.1999, to consider an application for a 1 lot.!58 unit condominium tentative tract map, planned unit development, and two standards variances to (1) eliminate side- walks on some internal project streets less than 259 feet in length serving 12 units or less and (2) re- duce centerline radii of internal project streets on propertygeneral- ly located within the Aviara Master Plan Area, north of Alga Road
If you challenge the Tentative heap, Planned Unit Development, and/or Standards Variances in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in writ- ten correspondence delivered to the City of Carlsbad City Clerk’s Office at or prior to the public hearing.
ADDkant Croshv. Mead. Benton ._ and Associates -’ CARLSBAD CITY COUNCIL
esj II bbi \
CALADRIS AT AVIARA CT so- I.IP”O so-1
PLANNING AREA 16 a” so-IIS” DO-S
CJ 5582: November 1,1999
NOVEMBER 1 19%
19-
19-
19-
lc-
I certify under penalty of perjury that the
foregoing is true and correct. Executed at
Carlsbad, County of San Diego, State of Cali-
fornia on THE 1sT
day of NOVEMBER, 1990
Clerk of the printer
-
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold
a public hearing at the Council Chambers, 1200 Carlsbad Village Drive (formerly Elm
Avenue), Carlsbad, California, at 6:00 p.m. on Wednesday, October 3, 1990, to consider
approval of a 1 lot/56 dwelling unit condominium Tentative Tract Map Planned Unit
Development and two Standards Variances to (1) eliminate sidewalks on some internal
project streets less than 4 250 feet in length serving 12 units or less and (2) reduce
centerline radii of internal projects streets on property generally located within the Aviara
Master Plan Area, north of Alga Road along Pintail Court in Local Facilities Management
Zone 19 and more particularly described as:
A subdivision of lot 90 of tract 85-35, Aviara Phase I according
to Map 12410 of the City of Carlsbad, County of San Diego,
State of California.
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the staff report will be available on and after September 27, 1990. If
you have any questions, please call the Planning Department at 438-1161.
If you challenge the in court, you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice or in written
correspondence delivered to the City of Carlsbad at or prior to the public hearing.
CASE FILE: CT 90-14/PUD 90-17/SV 90-S/% 90-6
CASE NAME: CALDRIS AT AVIARA - PA 16
NOTICE OF PUBLIC HEARING
CT 90-14/PUD 90-17/SV 9&5/SV 90-6
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public
hearing at the City Council Chambers, 1200 Carlsbad Village Drive (formerly Elm Avenue),
Carlsbad, California, at 6:00 P.M., on Tuesday, November 13, 1990, to consider an
application for a 1 lot/56 unit condominium tentative tract map, planned unit development,
and two standards variances to (1) eliminate sidewalks on some internal project streets
-less than 250 feet in length serving 12 units or less and (2) reduce centerline
radii of internal project streets on property generally located within the Aviara Master
Plan Area, north of Alga Road along Pintail Court in Local Facilities Management Zone 19
and more particularly described as:
A subdivision of lot 90 of tract 85-35, Aviara Phase I according to Map 12410 filed in the Office of the San Diego
County Recorder.-
If you have any questions regarding this matter, please call the Planning Department at
438-1161.
If you challenge the Tentative Map, Planned Unit Development, and/or Standards Variances
in court, you may be limited to raising only those issues you or someone else raised
at the public hearing described in this notice, or in written correspondence delivered
to the City of Carlsbad City Clerk's Office at or prior to the public hearing.
APPLICANT: Crosby, Mead, Benton and Associates
PUBLISH: November 1, 1990 CARLSBAD CITY COUNCIL
.~ramella 4330 La Jolla &age Drive, Suite 25q
’ San Dlego, CA 92 122
Avlara Land Associates Llmited’ 2011 Palomar Airport Road, Suite 206
Co&bad, CA 92C09
Lyon Communitles, Inc. “:
,433O La Jolla Village Drive, Suite
.San D/ego, CA 92 122 t
130
i Davldson Communities
’ 12520 High Bluff Drive, Su’ e 300
‘San Diego, CA 92 130 ;’
,r
i
I
Avlara Master Association
C/O Hillman Properties West
201.1 Palomar Airport Road, Suite 206
Carlsbad, CA 92009 i
/
I
Avlara Master Assoclatlon /
C/O Hlllman Propertles West !
2011 Palomar Alrport Road, Suite 206
Carlsbad, CA 92039
i
I
Avlara Resort Limited Partnership
450 Newport Center Drive, Suite 304
Newport Beach, CA 92660
Avlara Land Associates Limited
2011 Palomar Airport Road, Suite 206
Carlsbad, CA 92C09
Aviara Land Associates
2011 Palomar Airport Road, Suite 206
Carlsbad, CA 92009
(Form A)
TO: CITY CLERK’S OFFICE \
FROM: Planning Department
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notice
CT 90-14/PUD 90-17 - AVIARA CALDARIS AT AVIARA, PLANNING AREA 16
for a public hearing before the City Council.
Please notice the item for the council meeting of November 13, 1990
.
Thank you.
,
Assistant City Man--
10/29/90 Date