HomeMy WebLinkAbout1990-11-13; City Council; 10905; Aviara Planning Area 9CIT. 3F CARLSBAD - AGENDA - 31LL 64
- - . . rn nn/ AB#.-eU,LZD APPROVAL OF A 7 LOT/86 DWELLING UNIT - TITLE: CONDOMINIUM TENTATIVE TRACT MAP/
MTG.- "/'3/90 PLANNED UNIT DEVELOPMENT. CT 90-lO/
DEPT. PLN PUD 90-13 - AVIARA PLANNING AREA 9 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-lO/PUD 90-13, as approved by the Planning Commission. .
ITEM EXPLANATION
On October 3, 1990, the Planning Commission conducted a public hearing and approved without modification (5-O) the Aviara Planning Area 9 condominium project, which is located along Finch Lane between Alga Road and Kingfisher Place. The project consists of 86 townhome units to be developed as 3 duplex, 8 triplex, and 14 four-plex structures over a 32.5 acre site. All units will include a private rear yard and the site includes three 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 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 both sides of not-through private streets less then 150 feet in length and off one side of private streets serving 12 units or less; and (2) reduction of centerline radii on 7 curves and elimination of the standard knuckle on 90" turns within the project area.
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 86 dwelling unit condominium project.
PAGE 2 OF AGENDA BILL NO. /5,905
GROWTH MANAGEMENT STATUS
Facilities Zone 19 Local Facilities Management Plan - 19 Growth Control Point 3.1 du/ac Net Density 2.65 du/ac Special Facility Fees WA
EEBIBITS
1. Location Map 2. Planning Commission Resolution Nos. 3113, 3114, and 3115 3. Planning Commission Staff Report, dated October 3, 1990 4. Planning Commission Minutes, dated October 3, 1990
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AVIARA- PLANNING AREA 9 CT QO-lO/PUD 90-13
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PLANNING COMMISSION RESOLUTION NO. 3113
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 AN 86
DWELLING UNIT CONDOMINIUM PROJECT.
APPLICANT: AVIARA - PLANNING AREA 9
CASE NO.: CT 90-lO/PUD 90-13
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, examining the initial study, analyzing the information submitted by staff, and
considering any written comments received, the Planning Commission considered all factors
relating to the Negative Declaration.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as
follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning Commission
hereby recommends APPROVAL of the Conditional Negative Declaration according to
Exhibit “ND”, dated August 30, 1990, and “PII”, 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
are complied with.
2. The site has been previously graded pursuant to an earlier environmental analysis. (EIR
=-2(A)).
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 of the dwelling units, the project applicant shall construct a
maximum 6.0 foot high sound attenuation wall, as described in the Acoustical Analysis for
PA-g, along Alga Road. Prior to the occupancy of any units in building 1, lot 3, the
project applicant shall incorporate all required tmffic noise mitigation measures as
descrii in the Acoustical Analysis for PA-9, (i.e. balcony barriers and mechanical
venlilation) into those 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
Holmes.
NOES: None.
ABSENT: Commissioners: McFadden and Erwin.
ABSTAIN: None.
SHARON SCHRAMM, Chairperson
CARLSBAD PLANNING COMMISSION
PC RESO NO. 3113 -2-
CONDITIONAL NEGATIVE DECLARATION
PROJECT ADDRESS/LOCATION: AVIARA PLANNING AREA 9 - Along Finch Lane
between Alga Road and Kingfisher Place.
PROJECT DESCRIPTION: A Tentative Tract Map and Planned Unit Development to
develop 86 Condominium Units and two recreation areas on 16 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
CASE NO: CT 90-lO/KJD 90-13
MICHAEL J. HBL;M&LER
Planning Director
APPLICANT:- AVIARA PLANNING AREA 9
PUBLISH DATE: AUGUST 30,199O
MG:lh
2075 Las Palmas Drive - Car&bad, California 92009-4859 - (619) 436-l 161
ENWWNMEIUTAL IMPAm ASSE!X= FORM - PART II
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO. CT 90-lO/PUD 90-13
DATE: AUGUST 24. 1990
BACKGROUND
1. CASE NAME: AVIAW - PLANNING AREA 9
2. APPLICANT: MCKELLAR COMMUNITIES
3. ADDRESS AND PHONE NUMBER OF APPLICANT: 5151 SHOREHAM PLACE
SAN DIEGO. CA 92122
619-587-1355
4. DATE EIA FORM PART I SUBMITTED: MARCH 2. 1990
5. PROJECT DESCRIPTION: TENTATIVE SUBDMSION MAF AND PLANNED UNIT
DEVELOPMENT TO DEVELOP 86 CONDOMINIUM UNITS SOUTH OF ALGA ROAD AND
NORTH OF KINGFISHER PLACE.
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 signif?cant 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 signifkant effect on the environment. On the checklist, “NO” will be checked
to indicate this determination.
* An EIR must be prepared if the City determines that there is substantial evidence that any aspect of the project may cause a significant effect on the environment. The project may qualify for a Negative
Declaration however, if adverse impacts are mitigated so that environmental effects can be deemed
insignificant. These f?ndings 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 signifkant.
. PHYsIcALENvIRoNMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
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 arknts of fuel or energy?
Alter a significant archeological,
paleontological or historical site,
structure or object?
YE S Inslgl NO
x
x
x
x
x
x
x
x
x
x
-2-
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BIOUXXAL BNVIRONMBIuT .
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: F!s S F S
SI Insi@
12.
13.
14.
15.
16.
Affect the diversity of species, habitat
or numbers of any species of plants (including
trees, shrubs, grass, microflora and aquatic
plants)?
Introduce new species of plants into an area,
or a barrier to the normal replenishment of
existing species?
Reduce the amount of acreage of any
agricultural crop or affect prime, unique
or other farmland of state or local
importance?
Affect the diversity of species, habitat
or numbers of any species of animals (birds, land animals, all water dwelling organisms
and insects?
Introduce new species of animals into an
area, or result in a barrier to the
migration or movement of animals?
HuMANENvlRoNMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY:
17.
18.
19.
20.
21.
Alter the present or planned land use
of an area? x
Substantially affect public utilities,
schools, police, fire; emergency or other
public services? x
Result in the need for new or modilied sewer
systems, solid waste or hazardous waste
control systems? x
Increase existing noise levels?
Produce new light or glare? x
FT6 S SI
NO
x
x
x
x
NO
-3-
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY:
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26.
27.
28.
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30.
31.
32.
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
vovement of people and/or goods?
Alter waterborne, rail or air traffic?
Increase traffic hazards to motor
vehicles, bicyclists or pedestrians?
Interfere with emergency response plans or
emergency evacuation plans?
Obstruct any scenic vista or create an
aesthetically offensi-ve public view?
Affect the quality or quantity of
existinn recreational o~rxxtunities?
NO
x
x
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x
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x
x
x
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MANDATORY FINDINGS OF SIGNIFICANCE
8 S SI 7% IlLSI
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.)
3s. Does the project have the possible
environmental effects which are in-
dividually limited but cumulatively
considerable? (“Cumulatively con-
siderable” means that the incremental
effects of an individual project are
considerable when viewed in connection
with the effects of past projects, the
effects of other current projects, and the effects of probable future projects.)
36. Does the project have environmental
effects which will cause substantial
adverse effects on human beings,
either directly or indirectly?
NO
x
x
x
x
-5
DISCUSSION OF ENVIRONMENTAL EVALUATION
This project is a 86 unit (multi-family) subdivision (6 residential and I open space lot) located
along Finch Lane between Alga Road and Kingfisher Place within the Aviara Master Plan area.
The project site is 32.5 acres in size and has been previously rough graded consistent with
approved grading plans for CT 8535. 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. Three canyons containing Coastal Sage Habitat
extend from the north and west portion of the site and are under deed restriction by 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 the Four Seasons Aviara Resort and open space
to the north, the Aviara Golf Course to the east and west, and the Aviara Resort Sports Center
to the south, (3) the site 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 balanced grading totaling 32,450 cubic yards. 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 gene!rate 688 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.
-6-
. DISCUSSION OF ENVIRONMENTAL EVALUATION (CONTINUEDI:
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 nmoff 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 Blackrail 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 sign&ant.
11. The site is currently disturbed and all identified archaeological, paleontological or historical
sites have been previously mitigated.
BIOLOGICAL ENVIRONMENT
12.
13.
14.
15.
16.
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.
-7-
DISCUSSION OF ENVIRONMENTAL EVALUATION (CONTINUED):
HUMAN ENVIRONMENT
17.
18.
19.
20.
21.
22.
23.
24.
2s.
26.
Development of this project will be consistent with the General Plan, Master Plan-177 and
the Mello II LCP. The proposed triplex produce type is compatible with adjacent land uses.
As discussed in the Zone 19 Local Facilities Management Plan, with the payment of all
required fees, all 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 2.6 du/acre is well below the density permitted upon
the site (3.1 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 668 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 26 guest parking spaces.
-8-
DISCUSSION OF ENVIRONMENTAL EVALUATION (CONTINUEDI:
27. This project will require improvements to Kingfisher Place and completion of Alga Road from
El Camino Real to its entryway. The project will add 668 ADT to Alga Road and other
surrounding streets. This minor increase in traffic is not considered significant.
28.
29.
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 the intersections at Alga Road or Kingfisher Place.
30.
31.
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 Finch Lane through the use of adequate structural setbacks,
structural relief and rich landscaping.
32. Areas for private common recreational pursuits are provided on site.
-9-
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>
d)
d
fl
g)
The 86 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. In accordance, no alternate site designs would appear as
environmentally superior.
The scale of this proposal (86 dwelling units) is a potentially superior improvement over the maximum of 100 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.
-lO-
DETERMINATION (TO Be Completed By The Planning Department) .
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 f’ind 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 signikant effect on the
environment, and an ENVIRONMENTAL IMPACT REPORT is required.
~/Qif&,/L *-
Signature
, .I Date
-I’
I/
arming f%ector
LIST MITIGATING MEASURES (IF APPLICABLE1
1. Prior to the occupancy of any of the dwelling units, the project applicant shall construct
a maximum 6.0 foot high sound attenuation wall, as described in the Acoustical Analysis
for PA-9, along Alga Road. Prior to the occupancy of any units in building 1, lot 3, the
project applicant shall incorporate all required traffic noise mitigation measures as
described in the Acoustical Analysis for PA-9, (i.e. balcony barriers and mechanical
ventilation) into these units.
ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE)
MG:lh
-ll-
APPLICANT CONCURRENCE WITH MITIGATING MEASURES .
THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES
AND CONCUR WITH THE ADDtTION OF THESE MEASURES TO THE PROJECT.
Date Signature
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PLANNING COMMISSION RESOLUTION NO. 3114
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD,
CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP TO
DEVELOP AN 86 DWELLING UNIT CONDOMINIUM PROJECT ON PROPERTY
GENERALLY LOCATED ALONG FINCH LANE BETWEEN ALGA ROAD AND
KINGFISHER PLACE.
CASE NAME: AVIARA PLANNING AREA 9
CASE NO.: CT 90-10
WHEREAS, a verified application for certain property to wit:
Lots 6, 7 and 8 of Tract 85-35 Aviara, Phase I-Unit A, according to Map 12409,
recorded June 29, 1989, in the City of Carlsbad, County of San Diego, State of
California
has been filed with the City of Car&bad 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.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows:
Al That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission recommends
APPROVAL of CT 90-10, based on the following findings and subject to the following
conditions:
Findings:
1. The project is consistent with Master PIan 177 since the proposed density of 2.65 du/acres
is within the permitted density of 3.1 du/acre 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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3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
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 Carlsbad Unified School District
school facilities.
The dedication of a 24.25 acre park site at the northern terminus 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 aiteria of the Aviara
Master Plan 177 and the Planned Development Ordinance, the Ciws 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.
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 approving 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 tbis 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 Civs 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 90-10 as shown on Exhibit(s) “A” - “EE”, 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 building, grading 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 subdivider’s
agreement to pay the public facilities fee dated March 1, 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.
This project shall comply with all conditions and mitigation required by the Zone 19 Local Facilities Management Plan approved by the City Council on December 22, 1987,
incorporated herein and on file in the Planning Department and any future amendments
to the Plan made prior to the issuance of building permits.
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9. 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.
10. 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.
11. 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 the following provisions:
a) No parking of vehicles in private dxiveways which measure less than 20 feet
from the garage door to the back of sidewalk or edge of curb face, whichever
is closest to the structure.
b) The maximum wall and/or fence height, inchxling combinations thereof, shall
be six feet Only open safety railings of a three foot height maximum that are
required by a governmental agency can protrude above the six foot height
limit.
c) AU changes to the approved landscaping as shown on Exhiiit “Z’ dated
October 3, 1990, except for general maintenance, shall be reviewed and
approved by the Planning Director prior to implementatiox~ Requests for
changes to project landscaping shall be accompanied by a set of landscape
plans (24” x 36”).
d) No expansion of existing structure may take place, except for patio covers or
decks. All structures must maintain a three foot setback from any common
fence line and five feet from any fence line bordering common area or from
any top or bottom of slope.
12. The applicant shall submit a street name list consistent with the City’s street name policy
subject to the Planning Director’s approval prior to final map approval.
13. 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.
14. All landscaped areas shall be maintained in a healthy and thriving condition, free from
weeds, trash, and debris.
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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.
All herbicides shall be applied by applicators licensed by the State of California. .
The applicant shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
The first set of landscape and irrigation plans submitted shall include building footprints,
improvement plans and grading plans.
All landscape and irrigation plans shall show existing and proposed contours and shall
match the grading plans in terms of scale and location of improvements.
Mature trees which are removed shall be replaced one to one with minimum 36” box
specimen. Each case shall be reviewed by the Planning Director.
The minimum shrub size shall be 5 gallons, except as approved by Planning Director.
The number of trees in a residential project shall 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
v&h the City’s Sign Ordinance and shall 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.
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Prior to the occupancy of any residential unit within this project, the Master Plans
recreationaI vehicle storage area (within PIanning Area 23) with alI weather access road
to it shah be available for use.
Prior to the occupancy of any of the dwekg units, the project appkant shaII construct
a 6.0 high sound attenuation wall between AIga Road and the proposed building 1, on lot
3 adjacent to AIga Road. The wall &all be constructed consistent with the
recommendations of the AcousticaI Study for PIarming Area 9 (Mestre Greve, 1990). Prior
to the occupancy of building 1, lot 3, the project applicant shaII incorporate all required
traffic noise mitigation measures (i.e. balcony barriers and mechanical ventilation) into
these units, as desaibed in the Acoustical AnaIysk for PA-9.
Prior to the issuance of a grading permit or the recordation of the final map, the project
applicant shaII receive a Coastal Development Permit that approves development that is
in substantial conformance with this City approval The Coastal Permit shall be required
to be submitted to the City PIarming Department for review prior to the issuance of a
gradingpermit
Prior to the issuance of a grading permit, all Coastal deed restticted areas (as shown on
Rxhibit “B”) shall be staked and flagged to prohibit encroachment by construction
equipment
Ail units which are setback a minimum of five feet from a private driveway shaII be
equipped with an automatic garage door opener.
AU perimeter fences/walls sh.aII be required to he designed consistent with the mate&Is
and style of other Master PIan approved fences/wak
This project is approved subject to the condition that residential water conservation
measures including water &cient plumbing fixtures in conformance with State and Local
Laws and Policies, be incorporated into the project’s design.
Prior to the recordation of the first finaI tract map or the issuance of residential buihhng
permits, whichever is first, the owner of record of the property within the boundaries of
this tentative tract map sha.U prepare and record a notice that this property is subject to
ovedight, sight, and sound of aircraft operating from PaIomar Airport in a manner
meeting the approval of the PIarming Director and the City Attorney. The applicant shall
post aircraft noise notification signs in aII saks and/or re.ntaI offices associated with the
new development. The number and locations of said signs shall be approved by the
PIarming Director.
EntieerinnConditions:
37. This approval is subject aII conditions of approval of Master PIan 177, GarIsbad Tract 85
35 and Zone 19 Local Facility Management PIan, and any amendments thereto.
38. This project is located within the MeIIo I Local coastal Plan. AII development design shall
comply with the erosion control requirements of that plan
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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 shall provide an acceptable means for maintaining all 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. All of the
above improvements are considered private unless otherwise labeled on the tentative map.
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. .
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.
No grading permits shall be issued for this subdivision prior to recordation of the final
map except as approved for model homes.
Based upon a review of the proposed grading and the grading quantities shown on the
tentative map, a grading permit for this project is required. Prior to issuance of a building
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, except as
required for model home area.
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.
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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.
The developer shall construct desiltation/detention basins of a type and size and at
locations as approved by the City Engineer. The developer shall enter into a desiltation
basin maintenance agreement and submit a maintenance bond satisfactory to the City
Engineer prior to the approval of grading, building permit or final map which ever occurs
first for this project. Each desiltation basin shall be serviced by an all-weather
access/maintenance road. The provisions of this agreement shall apply to any offsite
borrow sites which may be utilized in the construction of this project as required by the
City Engineer.
Rain gutters must be provided where feasible to convey roof drainage to an approved
drainage device as required by the City Engineer.
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 streets and
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 hens 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 shall be waived on the final map except
for the point of connection with Finch Lane.
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 Dkcharge Requirements for Stormwater and Urban Runoff from the County of San
Diego”.
.
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The developer shall install street lights along all public and private street frontages in
conformance with City of Carlsbad Standards.
The developer shall install a wheelchair ramp at the public street comer abutting the
subdivision in conformance with City of Carlsbad Standards prior to occupancy of any
buildings.
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.
Plans, specifications, and supporting documents for all improvements shall be prepared to
the satisfaction of the City Engineer. Prior to approval of the final map in accordance,
with City Standards the Developer shall install, or agree to install and secure with
appropriate security as provided by law, improvements shown on the tentative map and
the following improvements:
A. Alga Road to major arterial standards or better from Mimosa Street to El Camino
Real to the satisfaction of the City Engineer. This obligation may be shared with
other projects having a similar condition to the satisfaction of the City Engineer.
Improvements listed above shall be constructed within 24 months of final map approval.
The Fire Marshal has determined that onsite fire hydrants are required to serve this
project. Prior to issuance of a building permit for the site, the applicant must submit and
receive City and water district approval for appropriate waterline improvement plans and
easements. All improvements shall be designed in conformance with City and Water
District Standards, plancheck and inspection fees paid and improvement security shall be
posted with the Water District.
The design of all private streets and drainage systems shall be approved by the City
Engineer prior to approval of the final map 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
improvement plan check and impection fees shall be paid prior to approval of the final
map for this project The horizontal design of the private streets are approved as shown
ofi the tentative map.
Irrigation systems to accommodate future reclaimed water shall be designed consistent
with Title 17 of the California Administrative Code. Offsite future reclaimed water
distribution systems should be anticipated by the installation of adequately sized sleeves
at crossing points to minimize street excavation.
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68.
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The subject property is within the boundaries of Assessment District No. 88-l (Alga Road).
Upon the subdivision of hand within the distrkt boundaries, the subdivider may pass
through assessments to subsequent owners & if the subdivider has executed a Special
Assessment distxict Pass-Through Authorization Agreement 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 by 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 a new lot.
An adjustment plat will be required to adjust the southeastern property. line. This
adjustment plat must be recorded prior to recordation of the fYinal map. A letter of
permi&on from the present property owner is on file iu CT W-10.
This project is approved under the express condition there will be model units. The
grading required for the model units is showing in au exhibit to the tentative map. The
grading for the model units prior to final recordation is authorized 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 Marshal A separate grading
permit shall be obtained for the model area.
All storm drain and sewerlines which do not carry public flows shah remain private and
be maintained by the Homeowners Association. A note to this effect shah be placed in the
cc&R%.
A. The lot configurations as shown on the tentative map are specifically not approved.
This project shah have a total of thirteen (13) lots. New Lot 1 shah be comprised
of Lots 2,3 and 19 and a portion of Lot 1 by extending the lot line between old
Lot 19 and 4 east and west New Lot 2 shah be comprised of Lot 4 and a portion
ofLots1. NewLot3shallbecomprisedofLots5and7. NewLot4shallbe
comprised of hots 6,8 and the portion of Lot 1 south of the extension of the lot
line between old Lot 5 and 8 to the proposed easement for a passive recreation
area. New Lot 5 shall be comprised of Lots 9,10 and 18 and the portion of Lot
1 south of the extension of the lot line between old Lot 8 and the proposed
easement for a passive recreation area. New Lot 6 shah be comprised of Lots 11
and 12. New Lot 7 shah be comprised of open space Lot 14. Open space Lots 16,
17 and 18 shah be renumbered Lots 8,9 and 11. The recreation areas shah be
renumbered Lot 10 and 12, old Lots 15 and 13. A portion of Lot 7 shah become
open space Lot 13. The lot configuration as desaii in this condition is included
as an attachment.
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B. The phasing shall be consistent with the lot numbers except:
1. The construction of Finch Lane to just south of Shuttle Road and the
landscaping of old open space Lot 17 shall be included no later than Phase 1.
2. Phase 1 shall include Lot 19 for model home parking.
3. Phase 7 shall consist of constructing residential units in the model parking
4. Phase 1 shall in&de the landscaping of new lots 8 and 9 (old Lots 16 and
17).
5. Phase 3 shall in&de the construction of recreation area new Lot 10 (old Lot
l!S)andthelandscapingofnewLot13.
6. Phase 5 shall include the landscaping of new Lot 11 (old Lot 18) and the
construction of recreation area new Lot 12 (old Lot 13). .
C. The open space lot - new Lot 7 (old Lot 14) shall be deeded over to the Aviara
Master Association concurrent with final map recordation per the agreement
between the developer and Hillman Properties.
D. The following areas shall be granted as covenant for easements to all owners of
condominium units (not the Homeowners 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 the
areas shown as old Lots 13 and 15 on the tentative map, for landscaping,
maintenance and recreational purposes.
2. Acommonareainperpetuityasacovenantrunningwiththelandoverall
paved areas and sidewalks, except individual concrete driveways, for vehicular
access, parking, private utilities and maintenance purposes (old Lots 1,2,5,6, 9 and 11).
3. Acommonareainperpetuityasacovenantnrnningwithrhelandovernew
Lots 8, 9, 11 and 13 (old Lots 16, 17, 18 and a portion of Lot 7) for
landscaping maintenance and open space purposes.
4. A common area in perpetuity as a covenant running with the land over old
Lots 1 through 12 inclusive and Lot 19, for landscaping, access and
maintenance purposes.
These covenant for easements shall be binding upon all successors, assigns and
transfers of covenantor. These covenants cannot be quitclaimed without the
approval of the City. Wording to that e&ct shall be placed on the covenants.
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E. All the above changes shall be shown on the approved tentative map mylar.
74. lf the developer chooses to construct out of phase, all improvements required by previous
phases must be const~ct~
Fire Conditions:
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Additional public and/or on site fire hydrants shall be provided if deemed necessary by the
Fire MarshaL
The 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
An all weather access road shall be * - ’ ed throughout constructions
All required fire hydrants, water mains and appurtenances shall be operational prior to
combustible building materials being located on the project site.
Proposed security gate systems shall be provided with “Knox” key operated override switch,
asspeci&dbytheFireDepartmenL
All private driveways shall be kept clear of parked vehicles at all times, and shall have
posted “No Parki@Fire Lane-Tow Away Zone”.
Fire retardant roofs shall be required on all structures.
Brush clearance shall be ma&a&d according to the specifications contained in the City
of Carlsbad Landscape Guidelines Manual.
All fire alarm systems, iire hydrants, extinguishing systems, automatic sprinklers, and other
systems pertinent to the project shall be submitted to the Fire Department for approval
prior to construction.
Building exceeding 10,000 sq. k aggregate floor area shall be spriuklered.
. . . . *
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to wit:
AYES:
NOES:
ABSENT:
ABSTAIN
Chairperson Schramm, Commissioners: Schlehuber, Holmes, Marcus and Hall.
None.
Commissioners Erwin and McFadden.
‘: None.
-. -
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission
of the City of CarIsbad, California, held on the 3rd day of October, 1990, by the following vote,
PLANNIN6 DIRECTOR
MG:rvo
PC IWO NO. 3114 -13-
SHARON SCHRAMM, Chairperson CARLSBAD PLANNING COMMISSION
.
P.U.D. 90-13
. .\ ,. \ ‘k \\ a ‘K?$ \ * \ . ‘;,tyb,
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PLANNING COMMISSION RESOLUTION NO. 3115
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD,
CALIFORNIA, RECOMMENDING APPROVAL OF A PLANNED UNIT
DEVELOPMENT TO DEVELOP AN 86 DWELLING UNIT CONDOMINIUM PROJECT
ON PROPERTY GENERALLY LOCATED ALONG FINCH LANE BETWEEN ALGA
ROAD AND KINGFISHER PLACE.
CASE NAME: AVIARA PLANNING AREA 9
CASE NO.: PUD 90-13
WHEREAS, a verified application for certain property to wit:
Lots 6, 7 and 8 of Tract 85-35 Aviara, Phase I-Unit A, according to Map 12409,
recorded June 29, 1989, in 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 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 90-13, based on the following findings and subject to the following
conditions:
Findings:
1. The project is consistent with the Cit~+s Master Plan 177 since the proposed net density
of 2.65 du/acres is within the permitted density of 3.1 du/acre as specifkd within Master
Plan 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 building permits will not be issued for the project unless the City Engineer
determines that sewer service is available, and building cannot occur within the project
unless sewer service remains available, and the Planning Commission is satisfied that the
requirements of the Public Facilities Element of the General Plan have been met insofar
as they apply to sewer service for this project.
The dedication of the 12.4 acre school site at the intersection of Alga Road and Ambrosia
Lane is acceptable as mitigation of the impact to existing Carl&ad Unified School District
facilities.
The dedication of a 24.25 acre park site at the northern terminus 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.
The proposed project is consistent with the City’s Planned Development Ordinance and
also complies with the Design Guidelines Manual.
As d&used in the staff report, the project is: (1) consistent with the development
standards of the Aviara Master Plan 177 and the Planned Development Ord.inance; (2) in
conformance with the Design Criteria of Master Plan 177; (3) in compliance with the
city’s Noise Policy No. 17 as conditioned; and (4) is in conformance with the Mello II
Localcoastall?rogram.
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 24,199O and
recommended for APPROVAL by the Planning Commission on October 3, 1990. In
recommending approving 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.
PC RESO NO. 3115 -2-
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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. AU conditions for approval for CT 90-10 as contained in Planning Commission Resolution
No. 3114 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 CarIsbad, California, held on the 3rd day of October , 1990, by the following vote,
to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Schramm, Commissioners: SchIehuber, Holmes, Marcus and
Hall.
None.
Commissioners McFadden and Erwin.
None.
SHARON SCHRAMM, Chairperson
CARLSBAD PLANNING COMMISSION
A’ITEST:
PC RESO NO. 3115 -3-
-. -.
APPLIL. ION COMPLETE DATE:
Mav 11. 1990
DATE: OCTOBER 3, 1990 0
3
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: <=T 90-lO/PUD 90-13 - AVIARA PLANNING AREA 9 - Request for a 7 lot/86
dwelling unit condominium Tentative Tract Map and Planned Unit Development
located within the Aviara Master Plan Area along Finch Lane between Alga Road
and Kingfisher Place in Local Facilities Management Zone 19.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 3113 recommending
APPROVAL of the Negative Declaration issued by the Planning Director and ADOPT Planning
Commission Resolution No.‘s 3114 and 3115 recommending APPROVAL of CT 90-lO/PUD 90-13
to the City Council based on the findings and subject to the conditions contained therein.
II. PROJECTI- DESCRIPTION AND BACKGROUND
The applicant is requesting approval of a 7 lot/86 dwelling unit condominium Tentative Tract Map
and Planned Unit Development located in Planning Area 9 of Phase I of the Aviara Master Plan
Area. The site is zoned P-C and under a Combination General Plan Designation of
RLM/RM/OS/RC/N and the allowed maximum density is 3.1 dwelling units per acre. The proposed
development also lies within the Mello I segment of the Coastal Zone and, as such, a Coastal
Development Permit from the California Coastal Commission will be required.
The project site is 32.5 acres in area and currently graded according to the approved grading plans
for Unit A of CT 85-35. There are three areas of natural native vegetation in the northern and
eastern portions of the Planning Area that were not graded and have been deed restricted by the
California Coastal Commission to remain in open space. The remainder of the project is bounded
by Alga Road to the northeast, the golf course to the east and west, and the Sports Center site to
the south. Access to the site will be taken off of both Alga Road to the north or Kingfisher Place
to the south with Finch Lane being the through connection.
On December 22,1987, the City Council approved the Pacific Rim Country Club and Resort Master
Plan (now named Aviara) and related applications, including a Condominium Permit (CP-323) for
Planning Area 9. This Condominium Permit showed 10 six-unit and 4 ten-unit structures, totalling
100 units. These structures, as conceived, were tall (3 stories) and massive. The applicant is now
proposing the townhomes described below.
CT 90-lO/PUD 90-13 - AVIARA PLANNING AREA 9
OCTOBER 3, 1990
As shown on Exhibits “A” - “H”, dated October 3, 1990, the proposed development will consist of
86 townhome units, including 3 duplex, 8 triplex and 14 four-plex structures. Each unit is two-
story, below the maximum 35 foot height limit, and range in area from 2600 to 3200 square feet.
All units will also have a rear yard with a minimum 15’ x 15’ patio and many far exceed this
standard. The architecture of the proposed structures is Spanish Colonial in style, as recommended
by the Aviara Design Guidelines. Curvilinear streets, architectural relief, and varied street setbacks
have been incorporated into the design to create a Mediterranean hillside appearance.
The proposed project has ample guest parking (24 required with 32 provided), both in offstreet
parking areas and dispersed along the northern side of Finch Lane. Two common active recreation
areas are included in the project, each with a pool, spa, outdoor lounge area, and cabana. In
addition, as an offsite improvement, the applicant is developing a 6,000 square foot passive
recreation area just north of the Sports Center parking structure that will be served by a trail that
links up with the Four Seasons Aviara Resort trail system.
III. ANALYSIS
Planning Issues
1.
2.
3.
4.
5.
6.
Does the proposed project conform to the development standards and design criteria of the
Aviara Master Plan and the 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 No. 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
homes?
DISCUSSION
MASTER PLAN DEVELOPMENT STANDARDS AND DESIGN GUIDELINES
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. separated by a minimum of 20 feet,
2. setback a minimum of 50 feet from Alga Road,
3. setback a minimum of 20 feet from Planning Area boundaries,
4. setback a minimum of 20 feet and 5 feet from fronting private residential streets and
driveways respectively,
less than the allowed 35 foot maximum building height, and
setback a minimum of 200 feet from the Sports Center building in Planning Area 10.
-
. CT 90-lO/PUD 90-13 - AVIARA PLANNING AREA 9
OCTOBER 3, 1990
-
As required by the Planned Development Ordinance, all units have a two-car garage of 400 square
feet or greater ample interior storage space, and a rear yard with a minimum dimension of 15 feet
square. Also proposed on the site are two active, and one passive, common recreation areas
totalling 14,810 square feet in area, with both active areas containing a pool, spa, swimming area,
and cabana. More than enough guest parking is being provided (24 required with 26 provided),
and it is dispersed throughout the project. With regard to RV parking, staff has conditioned that
the Master Plan’s recreational vehicle parking area (Planning Area 23), be available prior to
occupancy of any residential unit.
As required by the Aviara Design Criteria, the architecture of the proposed structures is compatible
with that of the Four Seasons Aviara Resort and the buildings have split level foundations to step
down the hillsides. Curvilinear streets and varied setbacks have also been provided to offer a more
pleasant street scene.
NOISE POLICY - 17
The project is located within 500 feet of Alga Road and within 3 miles of Palomar Airport, and therefore is subject to compliance with the City% Noise Policy No. 17. The Noise Policy requires
that noise be mitigated to 60 dB(A) five feet inside the project’s property line at six feet above
finished grade, and above the first floor/story if usable exterior space is provided. In this project,
all units in building no. 1 on lot 3 will be impacted by traffic noise. The acoustical study for the
project, as shown on Attachment “A”, states that a six foot high solid noise attenuation wall is
required along Alga Road and that additional noise mitigation measures, such as balcony barriers
and mechanical ventilation, will be required for building no. 1. The proposal has been conditioned
to install these noise attenuation devices prior to occupancy. In addition, since the project site is
located within 3 miles of Palomar-McClellan 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 Palomar Airport.
MELLO I LOCAL COASTAL PROGRAM
Since the Aviara Master Plan is the implementing ordinance for the LCP and, since the project’s
conformance with the Master Plan has been shown, it can be found that the proposal is also in
conformance with the Mello I Local Coastal Program. All portions of the Planning Area under deed
restriction by the California Coastal Commission are being preserved in open space.
GROWTH MANAGEMENT ORDINANCE
The project is located in Local Facilities Management Zone 19 in the southwest quadrant of the
City. With 86 units, the proposed project is 14 units below that allowed per Local Facilities
Management Zone 19. All public utilities and services will be available to serve the project.
CT 90-lO/PUD 90-13 - AVIARA PLANNING AREA 9
OCTOBER 3, 1990
PAGE 4
The impacts on public facilities created by the proposed project and compliance with adopted
performance standards are summarized below:
Facilitv Standard Impacts Compliance with Standard
City Administration
Library
Waste water
Parks
Drainage
Circulation
Fire
Schools
Sewer Collection
Water Distribution
Open Space
318.76 sq. ft.
170.00 sq. ft.
86 EDU’s
0.64 cres
N/A
688 ADT
Station’s #2 8 #4
N/A 86 EDU’s
18,920 GPD
N/A
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
OFFSITE IMPROVEMENTS
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.
MUNICIPAL CODE CONSISTENCY
The project proposed four model units. The applicant desires to grade and build these 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.
ENGINEERING STANDARDS
The applicant has requested approval of two major standard variances and one minor standard
variance. Major and minor standards variances are granted administratively pursuant to the private
Street/Driveway Design Criteria.
CT90-lO/PUD 90-13 -AVIARAPI.MJNINGAREA9
OCTOBER3,1990
PAGE5
The two major standard variances are:
A. The deletion of sidewalks on both sides of not-through private streets less than 150
feet in length and off one side of private streets serving 12 units or less.
B. The reduction of centerline radii on 7 curves and the elimination on the standard
knuckle on 90 0 turns within the project area.
The City Engineer has approved all requested standard variances conditioned upon approval of the
project. A complete discussion including making the five required findings are attached to the staff
report in memos to the Planning Department from the City Engineer.
A. Standard Variance for Sidewalk
The Engineering standards currently require sidewalks on both sides of public and
private streets (both private and public). The applicant has requested the deletion
of sidewalks on six no-through private streets less than 150 feet in length and off
one side of not-through private streets 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 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 7 curves. 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.
The minor standard variance was approved administratively. City standards require sidewalks 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.
ENvIRoNItmNTALREvIEw
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 24,199O. The environmental analysis, along with field
checks by staff, identified that because: (1) the proposed residential project is allowed by the
underlying Aviara Master Plan EIR 83-2(A); (2) the site is surrounded by compatible existing and
future land uses; (3) the site has been previously rough graded; and (4) the project will not
encroach into the deed restricted Coastal Sage Scrub habitat to the north, no project specific
environmental impacts are anticipated. Mitigation measures (i.e. sound attenuation wall, balcony
barriers and mechanical ventilation) for traffic noise impacts from Alga Road shall be required,
however, prior to the occupancy of any project dwelling units. There were no public comments
received during the public review period for this Conditional Negative Declaration.
. CT 90-lO/PUD 90-13 - AVIARA PLANNING AREA 9
OCTOBER 3,199O
PAGE 6
In summary, since the proposed project is: (1) consistent with development standards and design
criteria of the Aviara Master Plan and the requirements of the Planned Development Ordinance; (2)
in compliance with the City’s Noise Policy No. 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 to approve the Engineering standard variances, staff recommends approval
of CT 90.lO/PUD 90-13.
ATTACHMENTS
1.
2.
3.
4.
65:
7.
8.
9.
10.
Planning Commission Resolution No. 3113
Planning Commission Resolution No. 3114
Planning Commission Resolution No. 3115
Location Map
Background Data Sheet
Disclosure Form
Local Facilities Impacts Assessment Form
Memos to the Planning Department from the City Engineer, dated August 27, 1990
Attachment “A”, Revised Noise Analysis for Aviara Planning Area 9
Exhibits “A” - “EE”, dated October 3, 1990
September 10, 1990
MG:rvo
. BACKGROUND DATA SHEET
CASE NO: CT 90-lO/PUD 90-13
CASE NAME: Aviara Planning Area 9
REQUEST AND LOCATION: An 86 dwelling unit Condominium Tentative Tract Mau and Planned Unit
Development located alone Finch Lane between AIea Road and Kingfisher Place
LEGAL DESCRIPTION: Lots 6, 7 and 8 of Tract 85-35, Aviara, Phase I-Unit A according to Man 12409
recorded June 29. 1989 APN: 215-040-16
Acres 32.5 Proposed No. of Lots/Units 7/86
GENERAL PLAN AND ZONING
Land Use Designation RLM/RM/OS/N/RC
Density Allowed 3.1 du/ac Density Proposed 2.65 du/ac
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 OS
west P-C OS
PUBLIC FACILITIES
School District Carlsbad Water Carlsbad Sewer Carlsbad EDU’s 86
Public Facilities Fee Agreement, Date March 1. 1990
ENVIRONMENTAL IMPACT ASSESSMENT
x Conditional Negative declaration, issued August 24. 1990
- E.I.R. Certified, dated
J -...
Gitv of Carlsbad
OlSCLOSuRE STATEMENT
APPUCANT’S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPUCAT~ONS
WHICH WIu REQUIRE DiSCRmONARY ACnON ON WE PAFiT Of mE Clm COUNCIL OR ANY APPOINTED 1
: BOARD, COMMISSION OR COMMlll-EE.
(Please Print)
The following information must be disclosed:
1. Applicant
List the names and addresses of all persons having a financial interest in the application.
AVIARA-9, INC., A California Corporation
5151 Shoreham Place, Suite 200
San Dieao. California 92122
(619) 587-1352
2. - Owner
List the names and addresses of all persons having any ownership interest in the property involved,
AVIARA-9, INC., A California Corporation
5157 Shoreham Place, Suite 200
San Dieqo, California 92122
1619) 587-l 352
3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names an
addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnershi
interest in the partnership.
See ATTACHMENT A
4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names an
addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficial
of the trust.
NONE
(Over)
Disclosure State~crt Page 2
5. Have you had more than 5250 worth of business transacted with any member of City staff, Boar: _
Commissions, Committees and Council within the past twelve months?
Yes X No
Mr.Ton
If yes, please indicate person(s) One of the consultant team members is
yLawson of ADL Planninq Associates, a member of the City of Carlsbad
Person is defined as: ‘Any individual, firm, copartnership, joint venture, association. social club, fraternal
organization, corporation, estate, trust. receiver, syndicate, this and any other county, city and county, crty
municipality, district or other political subdivision, or any other group or combination acting as a unit.’
(NOTE: Attach additional pages as necessary.)
31
; -7
.’ / .-- ‘7. .,,*,’ g-7-.9 3 y-l :\ ,L’-L . . -
Si nature of Owner/date r? >’ j tlliam F. Miller, Jr., Prkident
t -/--’ j _,. --. -- I . .:. . )I : .I’ & - _. ] ;. .- /‘. .
Signature of applicant/date’ /
William F. Miller, Jr., PrFkident
AVIARA-9, A California Corporation / ..\.
AVIARA-9, A California Corporation
Print or type name of owner Print or type name of applicant
Al-l-ACHMENT A
OWNER
I AVIARA-9, A California Corporation. This corporation is 100% owned by
McKellar Communities, A California Corporation.
McKellar Communities, A California Corporation is 100% wholly owned by
McKellar Development of La Jolla, 1250 Prospect Street, Suite 103, La Jolla,
California 92037. The shareholder names and addresses of McKellar Develop-
ment of La Jolla, a California Corporation are as follows:
1. Christopher S. McKellar
1899 Spindrift Drive
La Jolla, California 92037
2. William F. Miller, Jr.
16032 Avenida Calma
Ranch0 Santa Fe, CA 92067
3. James A.’ McKellar
8272 El Paseo Grande
La Jolla, CA 92037
II Corporate I.D. Numbers:
McKellar Development of La Jolla 33-00 14946
McKellar Communities 33-0373500
AVIARA-9, A California Corporation 33-0422109
II Date of Incorporation:
McKellar Development of La Jolla
McKellar Communities
AVIARA-9, A California Corporation
February 8, 1983
June 22, 1989
March 23, 1990
-l-
CITY OF CARISBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
(To be Submitted with Development Application)
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO.: -RA PI .ANNTNrrFA 9 - CT W-lnND CH-I-13
LOCAL FACILITY MANAGEMENT ZONE: 19 GENERAL PLAN: .RT.bc
ZONING: P-T]
DEVELOPER’S NAME: Mcl(Fr .I .AR cn&iMJ ~N~~F~
ADDRESS: 5151 SHclgEtFAM PT.ACE, .cI J1I-F 3QC. SAN ntFf+n, CA 931~~
PHONE NO.: Ihf7-13$5 ASSESSOR’S PARCEL Nn * 31 =dk~-tfi
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FI’., DU): ‘A’? 5 AC-
ESTIMATED COMPLETION DATE:
A. City Administrative Facilities: Demand in Square Footage = 71876
B. Library: Demand in Square Footage = 17n-M
C. Wastewater Treatment Capacity (Calculate with J. Sewer)
D. Park: Demand in Acreage =
E. Drainage: Demand in CFS = N/A
Identify Drainage Basin =
(Identify master plan facilities on site plan)
-----
F. Circulation: Demand in ADTs =
(Identify Trip Distribution on site plan)
G. Fire: Served by Fire Station No. =
H. Open Space: Acreage Provided -
I. Schools:
(Demands to be determined by staff)
J. Sewer: Demand in EDUs -
Identify Sub Basin -
(Identify trunk line(s) impacted on slte plan)
K. Water: Demand in GPD -
L. The project is 14 units BELOW the Growth Management Dwelling unit allowance.
-
August 31, 1990
TO: ENGINEERING FILE
FROM: Principal Civil Engineer - LURD
MCKELLAR COMMUNITIES REQUEST FOR A MAJOR STANDARD VARIANCE - CT 90-l O/
PUD 90-13/SV 90-08
McKellar Development has requested a major variance from City Design Standards. In
accordance with 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: N.E. corner of Alga Road and Finch Lane in Aviara.
Request: Deletion of sidewalks on both sides of Seriema Court west of
Seriema, part of Cariama Court; deletion of sidewalks on one side
of Seriema Court, east of Seriema, Seriema Place and a portion of
Seriema Court, and the end of Cristada.
Reason: To open the project site up and to allow for more landscaping and
less hardscape. Private streets, where sidewalks have been
restricted to one side or deleted, are short and in effect act as
driveways.
When sidewalks are deleted on both sides, no more than 4 units,
except at the end of Cariama Court, utilize the street.
When sidewalks are deleted on one side, the number of units is
greater but the streets are not part of the main circulation pattern.
Staff
Determination: Approve
Standard Variance - Planning Area 9
August 31, 1990
Explanation:
Page: 2
Staff believes the five findings can be made for this standards
variance request as follows:
A.
B.
C.
D.
E.
The Planned Development Ordinance provides flexibility for
innovative site design. Aviara Planning Area 9 is a privately
owned and maintained gated community which combines
large open space areas with a village concept and dense
landscaping.
The narrower short streets provide a sense of privacy. The
visibility of the end of each driveway causes vehicular traffic
to slow down as if entering a private area. Hardscape has
been minimized when not necessary for safety. The
deletion of the sidewalks promotes greater safety because
the five foot minimum building setbacks are measured from
the back of curb. The addition of the sidewalk would allow
10’ which would promote vehicles to park in driveway and
overhang into the street.
The granting of the variance will have no affect on
proposed drainage courses.
The sidewalk plan is designed to enhance internal
pedestrian needs as it relates to destination areas within the
gated community. All units have access to sidewalks which
connect all visitor parking areas and all recreational
facilities.
The design provides a pedestrian circulation system
throughout the project that is both safe and effective. As
designed, sidewalk access to reach public areas is
available to everyone with minimum street crossings.
The granting of the variance will not adversely affect the
City’s Adopted General Plan, Zoning, and Master Plan (MP
177).
Principal Civil Engineer
RJW:SLH:rz
August 31, 1990
TO: ENGINEEREING FILE
FROM: Principal Civil Engineer - LURD
MCKELIAR COMMUNITIES REQUEST FOR A MINOR STANDARD VARIANCE - CT 90-l O/
PUD 90-13
McKellar Development has requested a minor 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: N.E. corner of Alga Road and Finch Lane in Aviara.
Request: Reduce sidewalk width from the standard five feet to four (4) feet.
Reason: To maintain circulation through a constrained site.
Staff
Determination: Approve
Explanation: Staff believes the five findings can be made for this minor
standards variance request as follows:
A. 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.
B. The variance request will have no impact on proposed
drainage courses.
McKellar Request for Standard Variance
August 31, 1990
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.
E. The project area as designed, complies with the City’s
adopted General Plan, Zoning and Master Pan (M.P. 177).
ROBERT J. WOJCIK
Principal Civil Engineer
RJW:SLH:rz
August 31, 1990
TO: ENGINEERING FILE
FROM: Principal Civil Engineer - LURD
MCKELLAR COMMUNITIES REQUEST FOR STANDARD VARIANCE - CT 90-lO/PUD 90.
13ISV 90-07
The McKellar 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.
2.
3.
4.
5.
That there are extraordinary or unusual circumstances or conditions applicable
to the situation of surrounding property necessitating a variance of the
Standards.
That the granting of such variance will not cause substantial drainage problems.
That the granting of such variance will not conflict with existing or future traffic
and parking demands or pedestrian or bicycle use.
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.
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: SE. Corner of Alga Road and Finch Lane in Aviara.
Request: Reduce centerline radii less than 200’ and elimination of the
standard knuckle on 90” turns.
Reason: Curvilinear streetscape results in both visual relief and interest.
The site is constrained by existing graded pads.
Staff
Determination: Approve
Explanation: Staff believes the five findings can be made for this standards
variance request as follows:
A. The project area is a gated community which has unusual
constraints imposed by the existing graded pads. The
Planned Development Ordinance provides flexibility for
innovative site design which the developer has used to
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Standard Variance - Planning Area 9
August 31, 1990 Page: 2
introduce visibly pleasing curvilinear streets (e.g. Sereima,
Cristada, and Cariama Court). Curvilinear streetscape
results in both visual relief and interest. In addition,
curvilinear streets promote greater safety and reduced
speeds as compared with wider straighter streets. The
standards knuckles have been eliminated as they are
normally required to provide additional frontage for units
adjacent to the knuckle area. Since the project proposes
air space condominiums, no such need exists.
B. The granting of the variance will have no affect on
proposed drainage course.
C. The project is gated community and does not provide
access or parking to outside areas, thereby eliminating
conflict with existing or future traffic demands. Design
speeds and site distance requirements are maintained.
D. The granting of a variance will not be harmful to the
public, property, or improvements for the flowing 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 granting of this variance will not adversely affect the
City’s Adopted General Plan, Zoning, and Master Plan
(M.P. 177).
-flw+
ROBERT J. WOJCIK
Principal Civil Engineer
RJW:SLH:rz
August 31, 1990
TO: ENGINEERING FILE
FROM: Principal Civil Engineer
AVIARA PLANNING AREA 9 CT 90-lO/PUD 90-13 - SV SO-07/SV 9-08
ISSUE
Is the proposed project consistent with City Engineering Development Standards?
DISCUSSION
Enaineerinq Development Standards
The applicant has requested approval of two major standards variances and one minor standards variance. Major and minor standards variances are granted administratively pursuant to the Private Street/Driveway Design Criteria.
The two major standards variances are:
A. The deletion of sidewalks on both sides of not-through private streets less than 150 feet in length and off one side of private streets serving 12 units or less.
0. The reduction of centerline radii on seven curves and the elimination on the standard knuckle on 90” turns within the project area.
The City Engineer is approving all requested standards variances as discussed below. A complete discussion including making the five required finding are attached in memos to the Planning Department from the City Engineer.
A. Standard Variance for Sidewalk
The Engineering standards currently require sidewalks on both sides of public and private streets (both private and public). The applicant has requested the deletion of sidewalks on six not-through private streets less than 1 SO in length and off one side of not-through private streets serving 12 or less units.
B. Standard Variance for Centerline Radii and Elimination of the Standard Knuckle on 90” Turns L
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 7 curves. The intent of the minimum centerline radius is to assure sight distance is maintained. Sight distance at a design speed of 29 mph has been maintained.
The minor standards variance was approved administratively. City standards require sidewalk to be five feet wide. me 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.
AwLqH- - *
r”“L ROBERT J. WO CIK Principal Civil Engineer
RJw:SLH:rz
Attachments
ATTAL JENT “A”
PRELIMINARY NOISE ANALYSIS FOR AVIARA AREA 9 CITY OF CARLSBAD
Report # 90- 183 July 12, 1990
Prepared For:
McKellar Communities 5 15 1 S horeham Place Suite 200 San Diego, CA 92122
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- 183 Page 1
SUMMARY FOR AVIARA AREA 9 MINIMUM REQUIREMENTS TO MEET CITY OF CARLSBAD STANDARDS Report #90-183 July 12, 1990
EXTERIOR NOISE LEVELS
The residential units in the project must comply with the City’s 60 CNEL exterior noise standard. Without mitigation, rear yard observers along Alga Road would experience a worst case traffic noise level of 66.8 CNEL at Unit 1. The project will require noise mitigation along Alga Road to comply with the 60 CNEL exterior noise standard. Those exterior living areas which will require mitigation are listed below in Table S 1. The data used in the noise barrier analysis is shown in the Appendix.
Table Sl REQUIRED NOISE BARRIER HEIGHTS AND LOCATIONS
TO MEET EXTERIOR NOISE STANDARD
UNIT BARRIER HEIGHT (FT)* TOP OF WALL 60 CNEL @ YARD ELEVATION
(Along Alga Road)
1 4.5 to 6 121.0
* - Denotes height above ground or bexm
With the noise barrier 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. The noise barriers shall be located at top of slope. The top-of-wall elevation remains constant at 121.0 feet, while the wall height may vary due to sloping terrain or berms. If second story balconies are planned facing Alga Road, balcony barriers will be needed for some units. The required balcony barrier locations and heights can be addressed in a future study when precise grading plans and architectural drawings become available.
The noise barrier must have a surface density of at least 3.5 pounds per square foot, and have no openings or cracks. The noise barrier 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.
Mestre Greve Associates Report # 90- 183 Page 2
INTERIOR NOISE LEVELS
The project must comply with the City of Carlsbad 45 CNEL indoor noise standard. With standard construction practices in California, residential buildings achieve outdoor to indoor noise reductions of 20 to 25 dI3 assuming windows are closed. With the exterior mitigation measures presented in Section 5.0, all first floor exterior surfaces in the project will be exposed to noise levels less than 65 CNEL, and will therefore require less than 20 dB noise reduction to meet the 45 CNEL interior noise standard. If two-story buildings are planned along Alga Road, some second floor exterior surfaces will be exposed to noise levels greater than 65 CNEL, therefore, building upgrades may be needed for these units to meet the 45 CNEL interior noise standard. A future study will be needed to address interior noise levels when precise grading plans and architectural drawings become available.
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 reauired for those units listed in Table S2.
Table S2 PRELIMINARY MECHANICAL
VENTILATION REQUIREMENTS
BUILDING NUMBER UNITS
1 ALL UNITS
Mestre Greve Associates Report # 90- 183 Page 3
PRELIMINARY
NOISE ANALYSIS FOR
AVAIARA AREA 9 CITY OF CARLSBAD
1.0 INTRODUCTION
The purpose of this report is to show compliance of Village 9 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 units. This report incorporates the 60 CNEL exterior noise standard recently adopted by the City of Carl&d. The project is located in the City of Carlsbad, 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 and 45 CNEL interior noise standards 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 penahzed 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 Hunsaker and Associates (“Site Plan for Aviara Area 9”. 7/10/90).
-.
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I
I Exhibit 1 - Vicinity Map
MESTRE GREVE ASSOCIATES
.
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‘$p$\, 1 .-I :a . . .
Mestre Greve Associates Report # 90- 183 Page 4
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.
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 compute&d format to determine the required barrier heights.
4.0 ROADWAY NOISE
The future traffic volume for Alga Road was obtained from Dennis Turner at Carl&ad 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 for 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 Heavy Truck 0.64 0.02 0.08
Mestre Greve Associates Report#90-183 Page 5
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 from 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.
Table 2 DISTANCE TO NOISE CONTOURS FOR FUTURE TRAFFIC CONDITIONS
ROADWAY SEGMENT DISTANCE TO “F CONTOUR (FJ -7o-
Alga Road 41 87 188
The results in Table 2 and the site plan (Exhibit 2) indicate that the exterior living areas along Alga Road will be exposed to traffic noise levels in excess of 60 CNEL. Observers along Alga Road will experience a worst case traffic noise level of 66.8 CNEL at Unit 1.
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, a noise barrier is required along Alga Road. The required noise barrier location and heights to meet the 60 CNEL exterior noise standard are listed (in bold type) in the third column of Table 3, and shown in Exhibit 3a. The required top-of-wall elevation to meet the 60 CNEL exterior noise standard is listed (in bold type) in the fourth column of Table 3. The noise barrier shall be located at top of slope as shown in Exhibit 3a. It should be noted that the top-of-wall elevation remains constant at 121.0 feet, while the wall height may vary due to sloping terrain or berms. For the sake of comparison, the required noise barrier location and heights to meet 65 CNEL are also listed in Table 3, and shown in Exhibit 3b.
L MESTRE GREVE ASSOCIATES
Exhibit 3a - Noise BarGers Required
To Meet 60 WEL Standard
” xymn9 fi
1 $glk ‘RAIN EAUE .
MESTRE GREVE ASSOCIAtii
Exhibit 3b - Noise Barriers Required
To Meet 65 CNEL
Mestre Greve Associates Report # 90- 183 Page 6
Table 3 NOISE BARRIER REQUIREMENTS
UNIT BARRIER HEIGHT (I=T)* TO MEET TOP OF WALL 65 CNEL 60 CNEL STANDARD ELEVATION
(Along Alga Road)
1 4.5 to 6 4.5 to 6 121.0
* - Denotes height above ground
The project will meet the City of Carlsbad’s 60 CNEL exterior noise standard with the barrier listed (in bold type) in the third column of Table 3, and shown in Exhibit 3a. For comparison only, the barrier location and height to meet 65 CNEL is listed in the second column of Table 3, and shown in Exhibit 3b.
The noise barrier is required to have a surface density of at least 3.5 pounds per square foot, and have no openings or cracks. It 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 20 to 25 dB assuming windows are closed. With the exterior mitigation measures presented in Section 5.0, all first floor exterior surfaces in the project will be exposed to noise levels less than 65 CNEL, and will therefore require less than 20 dB noise reduction to meet the 45 CNEL interior noise standard. If two-story buildings are planned along Alga Road, some second floor exterior surfaces will be exposed to noise levels greater than 65 CNEL. These buildings will require an outdoor to indoor noise reduction of more than 20 dB to meet the 45 CNEL interior noise standard. Detailed engineering calculations are required for building attenuation requirements greater than 20 dB. A future study will be needed to address interior noise levels when precise grading plans and architectural drawings become available.
Mestre Greve Associates Report # 90- 183 Page 7
7.0 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. 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 units listed in Table 4 and shown in Exhibit
AA
Table 4 PRELIMINARY MECHANICAL VENTILATION REQUIREMENTS
BUILDING NUMBER UNITS
1 ALL UNITS
-
b UNITS REQUIRING
MECHANICAL VENTILATION
I Exhibit 4 - Units Requiring
Mecllanical Ventilation MESTRE GREVE ASSOCIATES
Mestre Greve Associates Report # 90- 183 Page 8
APPENDIX
DATA USED TO DESIGN NOISE BARRIERS ALONG ALGA ROAD
Lot
1
1
Road Distance Base Of Dist. To Observer Observer
Elevation To Wall Wall Observer Elevation Height
115.5 61 115 100 112.5 6
115.5 61 115 66 112.5 6
MINUTE-;,
\ 9
October 3, 1990 PLANNING COMMISSION Page 10 COMMISSIONERS
3) CT 90-lO/PUD 90-13 - AVIARA PLANNING AREA 9 - Request for a 16 lot/86 dwelling unit Condominium Tentative Tract Map and Planned Unit Development, located within the Aviara Master Plan Area along Finch Lane between Alga Road and Kingfisher Place 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 a 32.5 acre site in the Aviara Master Plan. The allowable density of this site is 3.1 du'slacre. The proposed project would consist of 86 townhome units to be developed at 3 duplex, 8 triplex, and 14 fourplex structures. All of the structures will be two stores in height, below the maximum 35 ft. height limit and range in area from 2,600 s.f. to 3,200 s.f. Each unit will have a rear yard with a minimum 15' x 15' patio and many far exceed this standard. The proposed architecture is Spanish Colonial as recommended by the Aviara Design Guidelines. The proposed project has ample guest parking, two common active recreation areas, and a 6,000 s.f. passive recreation area
just north of the Sports Center parking structure that will be served by a trail that links up with the Four Seasons Aviara Resort trail system. 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 and eliminate the standard knuckle on 90 degree turns, and recommends a condition to allow grading for model homes and associated improvements.
Commissioner Schlehuber requested staff to show on the wall map where the sidewalks would be eliminated. Bob Wojcik,
Principal Engineer, pointed to the locations the sidewalks will be eliminated due to the driveways and where the street
knuckle will be eliminated to better serve single family-type usage.
Commissioner Holmes inquired where the guest parking would be located. Mr. Wojcik replied that the driveway depth is adequate for guest parking. There is a sidewalk on one side of the 32' street for additional guest parking.
Chairman Schramm inquired about the change to Condition 1174 which was handed out. Gary Wayne, Assistant Planning Director, replied that the condition is similar to the previous request to separate homeowner, open space, and recreation lots for easement, access, etc.
Chairman Schramm opened the public testimony and issued the invitation to speak.
Bill Kennedy, representing McKellar Development of La Jolla, 5151 Shoreham Drive, San Diego, CA 92122, addressed the Commission and stated that they agree with the staff recommendations. They acquired the site with an existing condominium plan and eliminated the stacked flats to compliment the architecture of the Four Seasons Hotel. They can accept the proposed Condition i/74.
Commissioner Holmes inquired about the proposed selling price of the units. Mr. Kennedy replied that they would be in excess of $400,000.
Commissioner Holmes has a problem with eliminating sidewalks in a development where there is only a sidewalk on one side
_-
MINUTE;;,
-
, .
. .
October 3, 1990 PLANNING COMMISSION Page 11 COMMISSIONERS
of the street. Mr. Kennedy replied that there are sidewalks on both sides of all streets except on three very short runs.
Chairman Schramm inquired if the project is expecting children. Mr. Kennedy replied that they are planning for
children.
Chairman Schramm feels that sidewalks are very necessary where children will reside. She requested that the applicant strongly consider sidewalks on both sides of the streets where children will be living.
Couunissioner Holmes like the project and can support it. He likes the larger lots and the lower density. His questions regarding the sidewalks has been answered to his satisfaction.
There being no other persons desiring to address the Commission on this topic, Chairman Schraaxa declared the public testimony closed and opened the item for discussion among the Commission members.
Motion was duly made, seconded, and carried to adopt Planning Commission Resolution No. 3113 recommending approval of the Negative Declaration issued by the Planning Director and adopt Planning Commission Resolution Nos. 3114 and 3115 recommending approval of CT 90-lO/PUD 90-13 to the City Council based on the findings and subject to the conditions contained therein, including the following: (1) changes to Condition 874. Resolution No. 3114, as proposed by staff handout, and (2) changes to Conditions 1172 and //74 as outlined in staff memo dated October 3, 1990.
4) C\90-14/PUD 90-17 - CALADRIS AT AVIARA - PLANNING AR& 16 - Request for a 7 lot/56 dwelling unit Condhinium Tentative Tract Map and Planned Unit , located within the Aviara Master Plan Area, ga Road along Pintail Court in Local anagement Zone 19.
Michael Grim, As lanner, reviewed the background of the.request and st at the applicant is requesting approval of a cond project on an 11.47 acre site in
the Aviara Master The allowable density of this site is 14.9 du'slacre. d project would consist of 56 townhome units to be at 4 duplex, 8 triplex, and 6 fourplex structures. stories in height, below t range in size from 1,700 s have a rear yard with a mini
oise levels to entrance. The
sidewalks on not-through streets of less length serving 12 units or less, reduce c Pintail Court, eliminate the standard knu turns, and recommends a condition to allo homes and associated improvements prior t
Hall Holmes Marcus Schlehuber Schramm
- -.
NOTICE OF PUBLIC HEARING
CT 90-lO/PUD 90-13/SV 90-7/SV 90-8
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 16 lot/86 dwelling unit condominium tentative tract map and planned
unit development, and two standards variances to reduce centerline radii, eliminate
standard knuckles and eliminate selected sidewalks on property generally located within
the Aviara Master Plan Area along Finch Lane between Alga Road and Kingfisher Place
in Local Facilities Management Zone 19 and more particularly described as:
Lots 6, 7 and 8 of Tract 85-35 Aviara, Phase I-Unit A,
according to Map 12409, recorded June 29, 1989, 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 Tract 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: McKellar Communities
PUBLISH: November 1, 1990 CARLSBAD CITY COUNCIL
AVIARA PLANNING AREA 9 CT 00-101PUD SO-13
8V so-7fSV SO-8
dramella ,’ 4330 La Jolla Village Drive, Suite 259
San Dlego, CA 92 122
Avlara Land Associates Limited‘
2011 Palomar Airport Road, Suite 206
Carlsbad, CA 92039
Lyon Communltles, Inc.“
4330 La.Jolla Village Drive, Suite 130
San Dlego, CA 92 122 d
Davldson Communities ’ I
12520 High Bluff Drive, Sute 300
; I
San DieQo, CA 92 130 f
Aviara Master Assoclatlon
C/O Hlllman Properties West
201.1 Palomar Airport Rpod, Suite 206
Carlsbad, CA 92009
I
Avlara Master Assoclatlon I
C/O Hlllman Propertles West I
2011 Palomar Airport Road, Suite 206
Carlsbad, CA 92009
I / I
Aviara Resort Llmited Partnership
450 Newport Center Drive, Suite 304
Newport Beach, CA 92660
Avlara Land Associates Llmited
2011 Palomar Airport Road, Suite 206
Carlsbad, CA 92009
Aviara Land Associates
2011 Palomar Airport Road, Suite 206
Carlsbad, CA 92009
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GnrEN 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 16 lot/86 dwelling unit condominium Tentative Tract Map and Planned Unit
Development, and two Engineering Standards Variances to reduce centerline radii,
eliminate standard knuckles and eliminate selected sidewalks on property generally located
within the Aviara Master Plan Area along Finch Lane between Alga Road and Kingfisher
Place in Local Facilities Management Zone 19 and more particularly described as:
Lots 6, 7 and 8 of Tract 85-35 Aviara, Phase I-Unit A, according to Map 12409, recorded June 29, 1989, in 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 Tentative Tract Map and Planned Unit Development, and two
Engineering 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 at or prior to the public hearing.
CASE FILE: CT 90-lO/PUD 90-13/SV 90-7/SV 90-8
APPLICANT: AVIARA PLANNING AREA 9
(Form A)
TO: C.ITY CLERK’S OFFICE
. . .
FROM: PLANNING DEPARTMENT
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notice
CT 90-191PUD 90-13 - AVIARA PLANNING AREA 9
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--
October 29, 1990 Date
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