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HomeMy WebLinkAbout1990-11-20; City Council; 10915; Aviara Planning Area 5CITt OF CARLSBAD - pnrr /x9. 9/s’ TIT1 e. APPROVAL OF A147DWEUNGUNT -YTr - t ' ' -- -TENTATIVFiTRACUAP/PLANNEDUNIT ucrl. nu. MT& 11/20/90 DEVEL.OPMF.NTFORAVIARAPIaANNlNGAREA5. DEPT. PLN a-90-9/PuD9a12 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, CT 90-9 and PUD 90-12, 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 5 condominium project, which is located at the southeast corner of the intersection of Alga Road and Batiguitos Drive. The project consists of 147 townhome units to be developed over a 23.8 acre site. All of the units will include a private patio area. In addition, a variety of common recreation amenities are provided throughout the project. The project meets or exceeds all Master Plan Development and Design Standards, as well as the City's Noise Policy No. 17. In recommending approval of this project, the Planning Commission added a condition of approval which requires that should any of the existing on-site oak trees be lost to development, the applicant shall be required to replace them per specific ratios. 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 Mitigated 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 147 dwelling unit condominium project. - PAGE 2 OF AGENDA BILL NO. P, 9/g GROWTH MANAGEMENT STATUS Facilities Zone - 19 Local Facilities Management Plan - 19 Growth Control Point - 7.9 du/ac Net Density - 6.17 du/ac Special Facility Fees - N/A EXHIBITS 1. Location Map 2. Planning Commission Resolution Nos. 3099, 3100 and 3101 3. Planning Commission Staff Report, dated October 3, 1990 4. Planning Commission Minutes, dated October 3, 1990 city of bkbad AVIARA PLANNING AREA 5 I CT 90-09 PUD 90-12 . PLANNING COMMISSION RESOLUTION NO. 3099 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A MITIGATED NEGATIVE DECLARATION FOR A TENTATIVE TRACT MAP/PLANNED UNIT DEVELOPMENT TO DEVELOP A 147 DWELLING UNIT CONDOMINIUM PROJECT. APPLICANT: AVIARA - PLANNING AREA 5 CASE NO.: CT 90-9/PUD 90-12 WHEREAS, the Planning Commission did on the 3rd day of October, 1990, hold a duly noticed public hearing as prescribed by law to consider said request, and WHEREAS, at said 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 Mitigated 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 Mitigated Negative Declaration according to Exhibit “ND”, dated August 30, 1990, and “PIT’, dated August 15, 1990, attached hereto and made a part hereof, based on the following findings and subject to the following condition: Findings: 1. The initial study shows that there is no substantial evidence that the project may have a significant impact on the environment. The site has been previously graded pursuant to an earlier environmental analysis. The streets are adequate in size to handle traffic generated by the proposed project. 1 4. There are no sensitive resources located onsite or located so as to be significantly 2 impacted by this project. 3 Conditions: 1. Prior to the occupaucy of any of the dwelling uuits, the project applicant shall construct a 5.0 foot high sound attenuation wall between Alga Road and the proposed dwell@ uuits 126-129 and 131-134 along this road. The wall shall be constructed consistent with the recommeudations of the Acoustical Study for Planuiug Area 5 (Mestre-Greve, 1990). Prior to the occupancy of tits 126-129 and 131-134, the project applicaut shall incorporate all required traffic noise mitigation measure (ie: mechanical ventilation) into these units as described in the Acoustical Analysis for Planning Area 5. 9 10 11 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 12 13 Commission of the City of Carlsbad, California, held on the 3rd day of October, 1990, by the following vote, to wit: AYES: Chairperson Schramm, Commissioners: Schlehuber, Holmes, Marcus and Hall. NOES: None. 15 16 17 ABSENT: Commissioners: Erwin and McFadden. ABSTAIN: None. 18 ATTEST: SHARON SCHRAMM, Chairperson CARLSBAD PLANNING COMMISSION 25 26 .27 PC RESO NO. 3099 -2- 28 MITIGATED NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: The 23.8 acre project site is located at the southeast corner of the intersection of Alga Road and Batiquitos Drive. PROJECT DESCRIPTION: A Tentative Tract Map and Planned Unit Development to develop 147 condominium units over a 23.8 acre site. 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, 1990 CASE NO: CT 90-9/PUD 90-12 APPLICANT: Aviara Planning Area 5 Planning Director PUBLISH DATE: August 30, 1990 CDC:tvo 2075 Las Palmas Drive - Carlsbad. California 92009-4859 - (619) 438-l 161 NOTICE OF COMPLETION Mail to: State Clearinghouse, 1400 Tenth Street, Rm. 121, Sacramento, CA 95814 - 916/445-0613’ Project Title: Aviara Planning Area 5 Lead Agency: City of Carlsbad Contact Person: Chris DeCerbo Street Address: 2075 Las Palmas Drive Phone: (619) 438- 1161 City: Carlsbad Zip: 92009 County: San Diego ____________________----------------------------------------------------------------------------------------------------------- PROJECT LOCATION: County: San Diego City/Nearest Camnunity: Carlsbad Cross Streets: ALga Road/gatiauitos Drive Total Acres: 23.8 Assessorls Parcel No. 215-051-10 Sect ion: Tup. Range: Base: Within 2 Miles: State Huy #: I-5 Wateruays: Pacific Ocean Airports: Palanar Railways: Schools: ________-__-__-_____------------------------------------------------------------------------------------------------------------- DOCUKNT TYPE CEaA: - NOP - Supplement/Subsequent NEPA: OTHER: - Joint Document Early Cons EIR (Prior SCH No.) x Mit Neg Dee y Other - Final Document Draft EIS - Other - Draft EIR z FONSI ______--__-__--____------------------------------------------------------------------------------------------------------------- LCXAL ACTION TYPE - General Plan Update - Specific Ptan Rezone - Annexation - General Ptan Amendment Master Plan Prerone - Redevelopment - General Plan Element X PLanned Unit Development z Use Permit - Coastal Permit - Community Plan E Site Plan X Land Division (Subdivision, - Other Parcel Map, Tract Map, etc.) ______-_-_-_---_________________________---------------------------------------------------------------------------------------- DEVELWHENT TYPE - Residential: Units X 147 Acres 23 8 - Water Facilities: Type MGD - Office: Sq. Ft. Acres Employees - Transportation: Type - Coimaercial: Sq. Ft. Acres Employees Mining: Mineral - Industrial: Sq. Ft. Acres En@ oyees - Power: Type Watts - - Educational - Waste Treatment: Type Recreational - Hazardous Waste: Type - Other: _-----__---__--_________________________----------------------------------------------------------------------------------------. PROJECT ISSUES DISCUSSED IN DOCUMENT X X x X x Aesthetic/Visual Agricultural Land Air Duality x Archaeological/Historical - Coastal Zone x Drainage/Absorption x -- Economic/Jobs X Fiscal x Ftocd Plain/Flooding X Forest Land/Fire Hazard 1 Schools/Universities Septic Systems Geologic/Seismic x Seuer Capacity Minerals Soil Erosion/Compection/Grading Noise Sotid Waste Population/Housing Balance X Toxic/Hazardous Public Services/FaciLities X x Traffic/Circulation Recreation/Parks Vegetation X Water Duality Water Supply/ -.- Ground Water Wetland/Riparian 7 Wildlife - Grouth X Landuse Inducing - Cumulative Effect - Other --------------.________________________I.--------------------------------------------------------------------------------------- Present Lard Use/Zaning/Gemfal PLm Use RM (Residential Mediun) 6.0 Du/Ac - PC (PLanned Coamunity) _____-__-_____._________________________-------------------.----------------------.------------------------------------- __-_--_- Project Description A Tentative Tract Map and Planned Unit Development to develop 147 condominiun units at the southeast corner of the intersection of ALga Road and Eatiquitos Drive. NOTE: CLearinghouse will assign identification numbers for all neu projects. If a SCH n&r already exists for a project (e.g. from a Notice of Preparation or previous draft docunent) please fill it in. Revised October 1989 ENVIRONMENTAL IMPAm ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. CT 90-9/PUD 90-12 DATE: August 15, 1990 BACKGROUND 1. CASE NAME: Aviara - Plannina Area 5 2. APPLICANT: McKellar Communities 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 5151 Shoreham Place, Suite 200 San Dieno. CA 92122 (619) 587-1355 4. DATE EIA FORM PART I SUBMITTED: March 1, 1990 5. PROJECT DESCRIPTION: Tentative Subdivision Man and Planned Unit Develonment to develop 147 condominium units at the southeast corner of the intersection of Alga Road and Batiauitos Drive. ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report or Negative Declaration. -‘: A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant 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 findings are shown in the checklist under the headings ‘YES-sig” and “YES-insig” respectively. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. .- PHYSICAL, ENVIRONMENT WILL THE PROPOSAL DIR&TLY 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 amounts of fuel or energy? Alter a significant archeological, paleontological or historical site, structure or object? YES YES NO big) (insig) x x x x x - x x x x x x -2- BIOLOGICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YE, S w . 12. 13. 14. 15. 16. Affect the diversity of species, habirat 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? HUMAN ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: 17. Alter the present or planned land use of an area? 18. Substantially affect public utilities, schools, police, fire, emergency or other public services? NO x x x x x F S NO msig) x x -3- HUMAN ENVIRONMENT l WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: . 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. Result in the need for new or modified sewer systems, solid waste or hazardous waste control systems? Increase existing noise levels? Produce new light or glare? Involve a significant risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation)? Substantially alter the density of the human population of an area? Affect existing housing, or create a demand for additional housing? Generate substantial additional traffic? Affect existing parking facilities, or create a large demand for new parking? Impact existing transportation systems or alter present patterns of circulation or movement of people and/or goods? Aher 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 offensive public view? Affect the quality or quantity of existing recreational opportunities? Y7 S sig F S msig) x NO x x x x x x x x x x ,x x x -4- - h4ANDATORY FINDINGS OF SIGNIFICANCE WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: . 33. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wild- life species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or en- dangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. 34. Does the project have the potential to achieve short-term, to the dis- advantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) 35. Does the project have the possible environmental effects which are in- dividually limited but cumulatively considerable? (“Cumulatively con- siderable” means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other 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? F S msig) NO x A..- x x -5- DISCUSSION OF ENVIRONMENTAL EVALUATION - This project is a 147 unit (multi-family) subdivision located at the southeast comer of the intersection of Alga Road and Batiquitos Drive. The project site is 23.8 acres in size and has been previously rough graded .consistent with approved grading plans for CT 85-35. For this environmental analysis, staff conducted several 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. Portions of an open space corridor running north to south through the center of the property are vegetated with chaparral and are under deed restriction to the California Coastal Commission. Aside from this open space corridor (2.85 acres), the remainder of the property has been rough graded and no sensitive environmental resources exist upon it. In that: (1) the proposed residential project is allowed by the underlying Aviara Master Plan and General Plan, (2) it is surrounded by compatible existing or future land uses including; Alga Road to the north, approved yet unconstructed single family residential development, to the east and west (Planning Area’s 8 and 4 respectively) and agricultural uses to the south, (3) the site has been previously rough graded, and (4) the project will not encroach into the deed restricted chaparral habitat located within an open space corridor in the center of the site, no environmental impacts are anticipated. There were no public comments received in response to the Notice for a Mitigated Negative Declaration. P hvsical Environment 1. The project requires minimal grading -- 13,625 cubic yards of cut and 26,802 cubic yards of fil1 material. The imported earth will be from other Master Plan Planning Areas. 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 this previously graded site will not be significantly changed from its present graded state. 3. Excluding the property to the south which is in agricultural use, all other surrounding properties are currently in a graded but undeveloped state. The project will not result in, or be affected by, erosion of soils as all necessary drainage and erosion control facilities (desiltation basin) 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 ti incremental impact on air quality (as discussed in EIR 83-2(A)), in that it will generate 1176 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. 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. -6- -8. L 9. 10. 11. DISCUSSION OF ENVIRONMENTAL EVALUATION (cont’d) Development of this project will create impervious surfaces onsite which would reduce absorption rates and incrementally increase surface runoff and runoff velocities. However, to accommodate this incremental runoff, drainage facilities will be incorporated into the project to divert the runoff to a master storm drain, thereby mitigating this concern. Aside from the chaparral habitat located in the central and eastern portions of the property (which will be maintained in open space), no natural resources exist on this previously graded site. Implementation of this project will incrementally contribute to the depletion of fossil fuels and other natural resources during construction and operation. This incremental increase is not considered significant. 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 chaparral habitat located within the central 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 chaparral habitat located in the central portion of the site are anticipated in that the landscaping proposed adjacent to this area will be compatible fire-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. In that all Coastal deed restricted and other native areas on the property will be maintained in open space, and wrought iron or other types of fencing will be located between these open space areas and project development, no impacts to wildlife or habitat are anticipated. 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. Human Environment 17. Development of this project will be consistent with the General Plan, Master Plan-177 I LCP. The proposed multi-family product type is compatible with adjacent land uses. 18. As discussed in the Zone 19 Local Facilities Management Plan, with the payment of al all public facilities and services will be available to meet the demands of the project. ’ and the Mello 1 required fees, -7- ,DISCUSSION OF ENVIRONMENTAL EVALUATION (cont’d) 19. * 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. See 18 above. Construction of the project will result in short term and insignificant noise impacts upon the single family residence located to the south and the approved yet unconstructed residential areas to the east and west. 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 if proposed, 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 density of 6.17 du/acre is well below the density perrnitted upon the site (7.9 du/acre) per the Aviara Master Plan. In view of the reduced density, overall project environmental effects should be reduced. The project will provide additional housing units to meet existing demand. A total of 1176 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 42 guest parking spaces throughout the project. This project will require improvements to Hummingbird Drive. The project will add 1176 ADT to Hummingbird Drive and other surrounding streets. This minor increase in traffic is not considered significant. The project site is outside of the Airport Influence Area for Palomar Airport. Three vehicular access points are proposed for the project. These access points are located to not cause conflicts with their intersection with Hummingbird Drive. 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, Batiquitos Drive and Hummingbird Drive through the use of adequate structural setbacks, structural relief and rich landscaping. -8- ANALYSIS OF VIABLE ALTERNATIVES TO THE PROPOSED PROJECT SUCH AS: 4 b) cl 4 4 0 IT) 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) alternate sites for the proposed, and g) no project alternative. The 147 dwelling units proposed with this project will be completed in several phases. 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 (147 dwelling units) is a potentially superior improvement over the maximum of 189 dwelling units permitted per Master Plan-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. -9- DETERMINATION (TO Be Completed By The Planning Department) . x 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. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A Conditional Negative Declaration will be proposed. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. p&- yc Date / ; /; I .? ’ .c, i/C . l.> _- Signature 6 /z&o Date LIST MITIGATING MEASURES (IF APPLICABLE) 1. Prior to the occupancy of any of the dwelling units, the project applicant shall construct a 5.0 foot high sound attenuation wall, as described in the Acoustical Analysis for PA-5 along Alga Road. Prior to the occupancy of units 126-129 and 131-134, the project applicant shall incorporate all required traffic noise mitigation measures, as described in the Acoustical Analysis for PA-5 (i.e. mechanical ventilation) into these units. ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) -lO- APPLICANT CONCURRENCE WITH MITIGATING MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. /.&G&L& Signakre -ll- . . . 8 . @ a p Ei 3 5 u ii2 . . F d sg3 :#I !i E&J Q) sap $5g 2 8's 0aY, .E E E 2.3 fj 'F tu L L 0'5 QE 0 .G E E c -= CJ) $ 0.g ii L .f: >oc g; g ap v) L g- .a g"uo 5 x g .f: c 2 .o,B toE Qo2 al Ez r +uo E ‘Z uf .!z Q !e E $0 >? I I J! a I E 6 F -= gE *g e I I s i 3 s ‘Z ti .- .* I t a 3 8 ,o ‘0 .- a’ i? .- c s h . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3100 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF ATENTATIVE TRACT MAP TO DEVELOP A 147 DWELLING UNtT CONDOMINIUM PROJECT ON PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF ALGA ROAD AND BATIQUITOS DRIVE. CASE NAME: AVIA&! - PLANNING AREA 5 CASE NO: CT 90-9 WHEREAS, a verified application for certain property to wit: Lots 95, 96, 97 and 98 of the City of Carlsbad Tract 85-35, Phase I - Unit C, in the City of Carlsbad, County of San Diego, of the County Recorder of San Diego County, June 19, 1989, #89-346187 has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 3rd day of October, 1990, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map and Planned Unit Development. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: - A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of CT 90-9, based on the following findings and subject to the following conditions: 1 2 3 4 5 6 7 e 9 10 11 12 15 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Findinas: 1. 2. 3. 4. 5. 6. 7. 8. 9. The project is consistent with Master Plan 177 since the proposed net density of 6.17 du/acre is within the permitted density of 7.9 du/aa=e as qxcified within Master Plan 177. The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed. The Planning Commission has, by inclusion of an appropriate condition to this project, ensured that the final map 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. As discussed in the staff report, the project is: (1) consistent with the development standards of the Aviara Master Plan 177 and the Planned Development Ordinance; (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 I Local Coastal Program. PC RESO NO. 3100 -2- 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. 11. 12. 13. The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for Residential Development (RM, I&M) on the General Plan. This project will not cause any significant environmental impacts and a Mitigated Negative Declaration has been issued by the Planning Director on August 30, 1990, and Recommended for Approval by the Planning Commission on October 3, 1990. In recommending approval of this Mitigated Negative Declaration the Planning Commission has considered the initial study, the staff analysis, all required mitigation measures and any written comments received regarding the significant effects of this project could have on the environment. 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. This project is consistent with the City’s Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 19. Conditions: 1. Approval is granted for CT 90-9, as shown on Exhibit “A” - ‘Y’, dated August 28, 1990, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2. The developer shall provide the City with a reproducible 24” x 36”, mylar copy of the Tentative Map as approved by the City Council. The Tentative Map shall reflect the conditions of approval by the City. The Map copy shall be submitted to the City Engineer prior to building, grading or improvement plan submittal, whichever occurs fkst. 3. A 500’ scale map of the subdivision shall be submitted to the Planning Director prior to the recordation of the final map. Said map shall show all lots and streets within and adjacent to the project. 4. This project is approved upon the express condition that the final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is available to serve the subdivision. PC RESO NO. 3100 -3- - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. 9. 10. 11. 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, and the agreement to pay the Growth Management Fee dated December 4, 1987, copies of which are on file with the City Clerk and are incorporated by this reference. If the fees are not paid this application will not be consistent with the General Plan and approval for this project shall be void. s 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. 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 shah be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. The applicant shall establish a homeowneis association and corresponding covenants, conditions and restrictions. Said CC&R’s shall be submitted to and approved by the Planning Director prior to final map approval. The CC&R’s for Planning Area 5 shall include a provision which prohibits parking vehicles in any private driveway which measures less than 20 feet from garage door to back of sidewalk or edge of curb face, whichever is closest to the structure. PC RESO NO. 3100 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. The applicant shall submit a street name list consistent with the City’s street name policy subject to the Planning Directois approval prior to final map approval. The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to the issuance of grading or building permits, whichever occurs first. All landscaped areas shah be maintained in a healthy and thriving condition, free from weeds, trash, and debris. The developer shall install street trees at the equivalent of 40-foot intervals along all public street frontages in conformance with City of Carlsbad standards. The trees shall be of a variety selected from the approved Street Tree List. All landscape plans shall be prepared to conform with the Landscape Guidelines Manual and submitted per the landscape plan check procedures on file in the Planning Department. . Landscape plans shall be designed to minimize water use. Lawn and other zone 1 plants (see Landscape Guidelines Manual) shall be limited to areas of special visual importance or high use. Mulches shall be used and irrigation equipment and design shah 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 foot print, 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 at approved by the Planning Director. PC RESO NO. 3100 -5- - 1 2 3 4 5 6 7 e 9 1c 11 12 1: 14 15 16 17 16 19 20 21 22 23 24 25 26 27 28 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 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 with the City’s Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color. The developer shall display a current Zoning and Land Use Map in the 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. As part of the plans submitted for building permit plan check, the applicant shall include a reduced version of the approving resolution/resolutions on a 24” x 36” blueline drawing. Said blueline drawing(s) shall also include a copy of any applicable Coastal Development Permit and signed approved site plan. Prior to the occupancy of any residential unit within this project, the Master Plans recreational vehicle storage area (within Planning Area 23) with all weather access road to it shall be available for use. Prior to the occupancy of any of the dwelling units, the project applicant shall construct a 5 foot high sound attenuation wall between Alga Road and the proposed dwelling units along Alga Road. The wall shall be constructed consistent with the recommendations of the Acoustical Study for Planning Area 5 (Me&e Greve, 1990). Prior to the occupancy of tits 126 - 129 and 131 - 134, the project applicant shall incorporate all required traffic noise mitigation measures (ie. mechanical ventilation) into these units, as described in the Acoustical Analysis for PA-S. Prior to the issuance of a grading permit or the recordation of the final map, the project applicant shall 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 Planning Department for review prior to the issuance of a grading permit. Prior to the issuance of a grading permit, all Coastal Deed Restricted areas (old Lot 22 and 24 as shown on Exhiiit “B” and “C”) shall be staked and flagged to prohibit encroachment by construction equipment. PC RESO NO. 3100 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 35. 36. 37. 38. 39. Allunitswhicharesetbackaminim um of 5 feet fkom a private driveway &all be equipped with an automatic garage door opener. AU perimeter fences/walls shah be required to be designed consistent with the materials and style of other Master Plan approved fences/walk This project is approved subject to the condition that residential water conservation measwes including water efEc.ient plumbing fktures in conformance with State and Local Laws and Policies, be incorporated into the projects design. Prior to the recordation of the first final tract map or the issuance of residential building permits, whichever is first, the owner of record of the property within the boundaries of this tentative tract map shall prepare and record a notice that this property is subject to overflight, sight, and sound of aircraft operating from Palomar Airport in a manner meeting the approval of the Planning Director and the City Attorney. The applicant shall post aircraft noise notification signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director. This project is approved subject to the condition that should any of the 9 existing on-site oak trees be lost to development, the applicant (M&elk) or successor in interest shah be required to replace these oak trees at the following ratios: Two minimum sized 24” box specimens for each 6” to 23” diameter oak tree, two minimum sized 24” box specimens and one minimum sized 36” box specimen for each 24” - 40” diameter oak tree, one minimum sized 36” box specimen and one minimum sized 48” box specimen for each 41” - 60” diameter oak tree. Ennineering: 40. This approval is subject to all conditions of approval of Master Plan 177, Carlsbad Tract 8535 and Zone 19 Local Facility Management Plan, and any amendments thereto. 41. This project is located within the Mello I Local Coastal Plan. All development design shah comply with the erosion control requirements of that plan 42. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. 43. The developer shall be responsible for coordination with S.D.G.&E., Pacific Telephone, and Cable TV authorities. PC RESO NO. 3100 -7- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 44. 45. 46. 47. 48. 49. 50. 51. 52. The developer shall provide an acceptable means for maintaining 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. Except for Batiquitos Drive and Hummingbird Drive all of the above improvements are considered private. All concrete terrace drains shall be maintained by the homeowner’s association (if on commonly owned property) or the individual property owner (if on an individually owned lot). An appropriately worded statement clearly identifying the responsibility shall be placed in the CC&R’s. 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 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. 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 PC RESO NO. 3100 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 53. 54. 55. 56. 57. 58. 59. 60. developer is unable to obtain the grading or slope easement, he must either amend the tentative map or change the slope so grading will not occur outside the project site in a manner which substantially conforms to the approved tentative map as determined by the City Engineer and Planning Director. A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the City limits. Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. The developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shah 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 of final map whichever occurs first for this project. Each desiltation basin shall be serviced by an all-weather access/maintenance road. The provisions of this agreement shall apply to any offsite borrow sites which may be utilized in the construction of this project as required by the City Engineer. Rain gutters are to he provided to convey roof drainage to an approved drainage device as approved by the City Engineer. Additional drainage easements and drainage structures shall be provided or installed prior to the issuance of grading or building permits as may be required by the City Engineer. The developer shall make an offer of dedication to the City for 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 liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. Direct access rights for all lots abutting Hummingbird Drive, Batiquitos Drive and Rock Dove Street shall be waived on the fid map except those points of connection to private streets or as required for emergency access. PC RESO NO. 3100 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 61. 62. 63. 64. 65. 66. 67. 68. 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 discharge requirements for storm water and urban runoff from the County of San Diego.” The developer shall install street lights along all public and private street frontages in conformance with City of Carlsbad Standards. The developer shall install a wheelchair ramp at the public street comer abutting the subdivision in conformance with City of Carlsbad Standards prior to occupancy of any buildings. Some improvements shown on the tentative map and/or required by these conditions are located offsite on property which neither the City nor the subdivider has sufficient title or interest 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. PC RESO NO. 3100 -lO- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 69. 70. 71. 72. 73. 74. 75. 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. The horizontal design of the private streets are approved as shown on the Tentative Map. All private streets and drainage systems shall be inspected by the City, and the standards improvement plan check and inspection fees shall be paid prior to approval of the final map for this project. 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. The subject property is within the boundaries of Assessment District No. 88-l (Alga Road). Upon the subdivision of land witbin the district boundaries, the subdivider may pass through assessments to subsequent owners only if the subdivider has executed a Special Assessment District Pass-Tbrougb Authorization Agreement. Said agreement contains provisions regarding notice fo 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 Daid off in full by the subdivider mior to any 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 W amount of assessment will appear on the tax bills of a new lot. This project is approved under the express condition there will be model units. The grading required for the model units is shown in an exhibit to the tentative map. The grading for the model units prior to f?nal recordation is author&d pursuant to the approval of this tentative map. Sewer and water must be provide to the site. Fire hydrants shall be provided as deemed necessary by the Fire Max&al. A separate grading permit shall be obtained for the model area. Standard curb inlets shall be installed on Cinerea Place and Ardeola Drive at their intersections with Hummingbird Drive. A) The lot configurations as shown on the tentative map are specifically e approved. This project shall have a total of fourteen (14) lots. New Lot 1 shall be comprised of Lots 16 and 17. New Lot 2 shall be comprised of Lots PC RESO NO. 3100 -ll- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1,2and4. NewLot3shallbecomprisedofLots5,6and7. NewLot shall be comprised of Lots 8,9 and 10. New Lot 5 shall be comprised of Lots 11,12 and 13. New Lot 6 shall be comprised of Lots 14 and 15 except the recreation area. New Lot 7 shall be comprised of Lot 18 and 19 except the recreation area. New Lot 8 shall be comprised of Lots 20 and 21. Open Space Lots 23, and 24 shall be renumbered Lots 9 and 10. The lot configuration as described in tbis condition is included as an attachment. 1. Open Space Lot 22 shall be renumbered Lot 12. The recreation areas shall be renumbered Lots 11,13 and 14. New Lot 13 shall consist of a portion of old Lot 19. New Lot 11 shall consist of old Lot 3. New Lot 14 shall consist of a portion of old Lot 15. B) The phasing shall be consistent with the lot numbers except: 1. Phase 4 shall include the portion of Ardeola shown in Phase 5. 2. The landscaping for new Lot 9 (old Lot 23) shall be included no later thanPhase3. . 3. The landscaping for Lot 10 (old Lot 24) shall be included no later thanPhase6. 4. Phase 1 shall include the construction of reawtion area Lot 13. 5. Phase 2 shall include the landscaping of new open space Lot 12 and the construction of Recreation Area Lot 11. 6. Phase 6 shall in&de the construction of recreation area Lot 14. Cl The two open space lots - new Lots 9 and 10 (old Lots 23 and 24) shall be deeded over to the Aviara Master Association con currentwithfinalmap recordation per the agreement between the developer and Hillman I?xnperties. D) The following areas shall be granted as covenant for easements to all owners of condominium units (not the Homeowner Association). These covenant for easements shall be conveyed by separate document and recorded con currentwiththefinalmap. 1. A common area in perpetuity as a covenant running with the land over the areas shown as old Lots 3 and a portion of Lot 19 new Lots 11,14 and 13 on the tentative map, for landscaping maintenance and recreational purposes. 2. A common area in perpetuity as a covenant running with the land over all paved areas and sidewalks, except individual concrete driveways, for vehicular access, parking, private utilities and maintenance purposes. 3. A common area in perpetuity as a covenant running with the land over new Lots 1 through 8 inclusive, for landscaping, access and maintenance purposes. PC FESO NO. 3100 -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. A common area in perpetuity as a covenant running with the land over new Lot 12 (old Lot 22) for opeg space 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 elkt shall be placed on the covenants. El All the above changes shall be shown on the approved tentative map mylar. 76. If the developer chooses to construct out of phase, all improvements required by previous phases are required. Fire Conditions: 77. 78. 79. 80. 81. 82. 83. 84. 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 maintained throughout construction. All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. Proposed emergency access systems shall be provided with “Knox” key operated override switch, as specified by the Fire Department. Fire retardant roofs shah be required on all structures. Brush clearance within this Planning Area shall be maintained according to the specifications contained in the City of Carlsbad Landscape Guidelines Manual. . All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction. Water District: 85. The entire potable and non-potable water system/systems for subject project shall be evaluated in detail to ensure that adequate capacity and pressure for domestic, landscaping and fire flow demands are met. PC PESO NO. 3100 -13- 86. The developer’s engineer shall schedule a meeting with the District Engineer and 1 the City Fire Marshal and review the preliminary water system layout prior to 2 preparation of the water system improvements plans. 3 87. The developer will be responsible for all water fees and water deposits plus the major facility charge which will be collected at time of issuance of building permit. 4 5 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 6 Commission of the City of Carlsbad, California, held on the 3rd day of October, 1990, by 7 the following vote, to wit: 8 AYES: Chairperson Schramm, Commissioners: Schlehuber, Holmes, Marcus and Hall. 9 10 NOES: None. 11 12 13 14 15 . ABSENT: Commissioners: Erwin and McFadden. ABSTAIN: None. 17 I/ ATTEST: 18 19 20 21 22 23 24 25 I/ 26 27 28 PC RESO NO. 3100 SHARON SCHRAMM, Chairperson CARLSBAD PLANNING COMMISSION -14- . - AVIARA PLANNING AREA 5 PUD 90-12 14 LOTS TOTAL 1 additional open space lot 3 additional recreation lots ,- - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3101 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF ATENTATIVE TRACT MAP TO DEVELOP A 147 DWELLING UNIT CONDOMINIUM PROJECT ON PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF ALGA ROAD AND BATIQUITOS DRIVE. CASE NAME: AVIARA - PLANNING AREA 5 CASE NO.: PUD 90-12 WHEREAS, a verified application for certain property to wit: Lots 95, 96, 97 and 98 of the City of Carlsbad Tract 85-35, Phase I - Unit C, in the City of Carlsbad, County of San Diego, of the County Recorder of San Diego County, June 19, 1989, #89-346187 has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 3rd day of October, 1990, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map and Planned Unit Development. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A> That the above recitations are true and correct. E-9 That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of PUD 90-12, based on the following findings and subject to the following conditions: - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2c 21 22 23 24 25 26 27 28 Findings: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. The project is consistent with Master Plan 177 since the proposed net density of 6.17 du/acre is within the permitted density of 7.9 du/acre as specSed within Master Plan 177. The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed. The Planning Commission has, by inclusion of an appropriate condition to this project, ensured 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 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. The proposed project is consistent with the City’s Planned Development Ordinance and also complies with the Design Guidelines Manual. As discussed in the staff repo& the project is: (1) consistent with the development standards of the Aviara Master Plan 177 and the Planned Development Ordinance; (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 I Local Coastal Program. The proposed project is compatible with the surrounding future and existing land uses since surrounding properties are designated for Residential Development (RM, RLM) on the General Plan. PC RESO NO. 3101 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. This project will not cause any significant environmental impacts and a Mitigated Negative Declaration has been issued by the Planning Director on August 30, 1990, and Recommended for Approval by the Planning Commission on October 3, 1990. In recommending approval of this Mitigated Negative Declaration the Planning Commission has considered the initial study, the staff analysis, all required mitigation measures and any written comments received regarding the significant effects this project could have on the environment. 12. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 13. This project is consistent with the City’s Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 19. Conditions: 1. All conditions of approval for CT 90-9 as contained in Planning Commission Resolution No. 3100 apply to this approval and are incorporated through this reference. . . . . . . . . . . . . . . . . PC RESO NO. 3101 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 3rd day of October, 1990, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Schramm, Commissioners: Schlehuber, Holmes, Marcus and Hall. None. Commissioners: McFadden and Erwin. None. SHARON SCHRAMM, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: /tg&dw . n Ii&$-WE@. HOLZMItLER PC RESO NO. 3101 -4- STAFF REPORT DATE: OCTOBER 3, 1990 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT h'PLIc;A. 10N COMPLETE DATE: MAY 14, 1990 GW 0 2 SUBJECT: CX 90-9/PUD 90-12 - AVIARA PLANNING AREA 5 - Request for a 147 dwelling unit Condominium Tentative Tract Map and Planned Unit Development, on property located within the Aviara Master Plan (PA-S) at the southeast corner of the intersection of Alga Road and Batiquitos Drive, in Local Facilities Management Zone 19. I. RECOMMENDATION . That the Planning Commission ADOPT Planning Commission Resolution No. 3099 recommending APPROVAL of the Mitigated Negative Declaration issued by the Planning Director and ADOPT Planning Commission Resolution Nos. 3100 and 3101 recommending APPROVAL of CT 90-9/PUD 90-12, based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND The applicant is requesting approval of a 147 dwelling unit Condominium Tentative Tract Map and Planned Unit Development, located as described above. The subject property is located within Phase I of the Aviara Master Plan Area which is zoned PC and is under a Combination General Plan Designation of RLM/RM/OS/RC/N. The specific project site (Planning Area-S) is designated for a maximum residential density of 7.9 du/acre. The property is also located within the Coastal Zone (Mello I) and will require a Coastal Permit issued by the California Coastal Commission. The proposed Tentative Tract Map and Planned Unit Development would be located on a 23.8 acre site and have a density of 6.17 du/acre. This density is below the site’s maximum permitted density of 7.9 du/acre. As shown on Exhibits “F” and “G”, the proposed project would consist of 147 townhome units to be developed as 3 duplex, 6 triplex, 27 fourplex and 3 fiveplex structures. All of the structures will be two stories in height (27 feet measured to the tallest roof peak). Four different plan types are proposed, ranging in size from 1,549 square feet to 2,190 square feet. The architecture of the proposed structures is Classic Mediterranean in style incorporating simple building mass and gabled roof form, light colored stucco, concrete tile roofs, corbel fascia, tile shutters and glass block. Roof and facade articulation have been incorporated into the project to add interest and relief. CT 90-9/PUD 90-12 - AVlKRA PLANNING AREA 5 OCTOBER3,1990 The project site has been planned to preserve the open space corridor (2.85 acres), running north to south, through the center of the property while providing three distinct project neighborhoods which take access off of Hummingbird Drive. Each of the neighborhoods will included a common active recreation area. The recreation areas include the following amenities: Recreation Area A - spa, decking and barbecue, Recreation Area “B” - spa, decking and restroom, Recreation Area “c” - pool, spa, decking and restroom. Each of the dwelling units will include a fenced, exclusive use rearyard ranging from 350 square feet to 1600 square feet in area. In addition, the project includes a minimum forty-foot wide common open space corridor which provides pedestrian access to the major community trail system to be constricted within the SDG&E easement located along the site’s northeastern boundary. Access to the project site is from Batiquitos Drive to Hummingbird Drive. From Hummingbird Drive 30 - 32 foot wide private streets are proposed to provide access for each of the three project neighborhoods. The project site has already been pregraded consistent with the approved grading plans for Phase I Aviara (CT 85-35). A chaparral dominated open space corridor runs north to south through the center of the site. The site is surrounded by vacant and graded Planning Areas 7, 4 and 8 to the north, east and west respectively and a single family residence (Dr. Murphy) and agriculture to the south. III. ANALYSIS Planning Issues 1. Does the proposed project conform to the development standards of the Aviara Master Plan and the Planned Development Ordinance? 2. 3. Does the proposed project conform to the design criteria of the Aviara Master Plan? Is the proposed project as designed in compliance with the City’s Noise Policy No. 17? 4. Is the proposed project in compliance with the Mello I Local Coastal Program as implemented through the Aviara Master Plan - 177? 5. Is the proposed project consistent with the Zone 19 Local Facilities Management Plan? 6. Are all conditioned offsite improvements necessary for the development of the project? 7. Is the proposed project consistent with the Carlsbad Municipal Code? _- CT 90-9/PUD 90-12 - A\dtA PLANNING AREX 5 OCTOBER 3, 1990 PAGE 3 DISCUSSION MASTER PLAN DEVELOPMENT STANDARDS As proposed, the project complies with all Planning Area specific development standards of the Aviara Master Plan and all other development standards of the Planned Development Ordinance. Specifically, all structures are: 1. 2. 3. 4. 5. Separated by a minimum of 20 feet; Setback a minimum of 50 feet from Alga Road and Batiquitos Drive; Setback a minimum of 20 feet from Hummingbird Drive and Rock Dove Street; Setback a minimum of 20 feet and 5 feet from fronting private residential streets and driveways respectively; and s Setback a minimum of 20 feet from the SDG&E easement. As discussed earlier, all structures will be below the maximum permitted 35 foot height limit. All of the units will have a two-car garage with a minimum dimension of 400 square feet. This will provide the adequate space to fulfil1 the Planned Development Ordinance storage requirements as well as provide parking for two cars. Adequate guest parking spaces (32 bay and 14 parallel) will be provided throughout the project. Each unit will include a minimum 350 square foot (minimum 15’ X 1 S’exclusive use rear-yard area. In addition, three common active recreation areas (17, 500 sf) and one common passive recreation area (6,100 sf) will also be provided. With regard to R.V. parking, staff has conditioned that the Master Plans recreational vehicle parking area (Planning Area 23), with an all weather access road to it, be available prior to the occupancy of any residential units within this Planning Area. MASTER PLAN DESIGN CRITERIA The proposed pmreject also complies with the Aviara Master Plan design criteria regarding site design, open space preservation, landscaping, entry treatments, fencing, trails and noise mitigation. Specifically, the project has been designed to incorporate curvilinear streets and informal building sitings thereby providing a hilltown appearance. Adequately spaced units (minimum 20 feet separation) have been sited to provide views of Batiquitos Lagoon, the project’s internal open space corridor, or the SDG&E easement which will be richly landscaped by the Aviara Master Association. These open space amenities in association with the project’s proposed common active and passive recreation areas will function to open the projects up. The above mentioned design treatments, incorporated with strong architectural relief features rich project landscaping and enhanced pavement treatments throughout, function to create a comprehensive, innovative and desirable living environment. The project as proposed, also preserves the Master Plan delineated open space corridor (old Lots 22 and 24 as shown on Exhibits “B” and “C”) within the central portion of the site. -. CT 90-9/PUD 90-12 - AVLrrRA PLANNING ARF.A 5 OCTOBER 3, 1990 PAGE 4 NOISE POLICY - 17 The project is located within 500 feet of Alga Road and within 3 miles of the McClellan- Palomar Airport and in accordance, is subject to compliance with the City’s 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, the rear-yards for units 126,127 and 134 along Alga Road would be impacted by traffic noise. As shown in the acoustical study for the proposed project, (See Attachment “A”) required noise barrier walls which would need to be constructed at the top of slope along Alga Road in order to reduce rearyard noise levels to 60 dB(A) would be 5.0 feet tall. Otherwise, the acoustical analysis specifies that compliance with Noise Policy 17 shall require that mechanical ventilation be required for units 126-129 and 131-134. All above noise mitigations have been conditioned to be incorporated into the project. 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 McClellan-Palomar Airport. MELLO I LOCAL COASTAL PROGRAM As proposed, this project is consistent with all policies of the underlying Mello I Local Coastal Program as implemented through Master Plan - 177. Specifically, all portions of the property which were placed under open space deed restrictions 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. At the project dwelling unit count (147 units) the proposed project is 42 dwelling units below that allowed per Local Facilities Management Zone 19. All public utilities and services will be available to serve the project. The impacts on public facilities created by the proposed project and compliance with adopted performance standards are summarized below: FACILITY IMPACTS COMPLIANCE WITH STANDARD City Administration Library Wastewater Parks Drainage 544.85 sq. ft. 290.76 sq. ft. 147 EDU’s 1.08 acres N/A Yes Yes Yes Yes Yes CT 90-9/PUD 90-12 - AVmRA PLANNING AREA 5 OCTOBER 3, 1990 PAGE 5 IMPACTS ON PUBLIC FACILITIES KON’T): FACILITY Circulation Fire Schools Sewer Collection System Water Distribution System Open Space IMPACTS 1176 ADT Station #2 & #4 N/A 147 EDU 32,340 GPD N/A COMPLIANCE WITH STANDARD 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 Standards. 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 equitable distribute costs of those improvements and to obtain the needed dedications from the affected property owners. MUNICIPAL CODE CONSISTENCY The project proposes 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. CT 90-9/PUD 90-12 - AVI&A PLANNING AREA 5 OCTOBER 3, 1990 PAGE 6 Iv. ENVIRONMENTALREVIEW 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 Mitigated Negative Declaration on August 30, 1990. The environmental analysis, along with the field checks by staff identified that because: (1) the project site has already been reviewed within the Aviara Master Plan EIR 83-2(A); (2) the site has been previously rough graded; and (3) the project will not encroach into the deed restricted Chaparral habitat within the central portion of the site, no project specific environmental impacts are anticipated. However, mitigation measures (ie. sound attenuation wall, and mechanical ventilation as described in the Acoustical Analysis for PA-S) for traffic noise impacts from Alga Road shall be required to be incorporated into the project design prior to the occupancy of any project dwelling units. There were no public comments received during the public review period for this Mitigated Negative Declaration. In summary, since the proposed project is: (1) in conformance with the development standards of the Aviara Master Plan and the Planned Development Ordinance; (2) in conformance with the Design Criteria of the Aviara Master Plan; (3) in compliance with the City’s Noise Policy No. 17 as conditioned; and (4) in conformance with the Mello I Local Coastal Program and Zone 19 Local Facilities Management Plan, staff recommends approval of CT 90-9/PUD 90-12. ATTACHMENTS 1. 2. 3. 4. 5. 6. 7. 8. 9. Planning Commission Resolution No. 3099 Planning Commission Resolution No. 3100 Planning Commission Resolution No. 3101 Location Map Background Data Sheet Disclosure Form Local Facilities Impacts Assessment Form Attachment “A”, Noise Analysis for Aviara Planning Area 5. Exhibits “A” - “Y”, dated August 28, 1990 CDD:lh August 22, 1990 BACKGROUND DATA SHEET CASE NO: CT 90-9/PUD 90-12 APPLICANT: AVIARA PLANNING AREA 5 REQUEST AND LOCATION: TENTATIVE TRACT MAP AND PLANNED UNIT DEVELOPMENT TO DEVELOP 147 CONDOMINIUM UNITS AT THE SOUTHEAST CORNER OF THE INTERSECTION OF ALGA ROAD AND BATIOUITOS DRIVE. LEGAL DESCRIPTION: LOTS 95.96.97 AND 98 OF CITY OF CARLSBAD TRACT 85-35, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12411, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 19.1989, # 89-346187 APN: 215-051-10 Acres 23.8 Proposed No. of Lots/Units 147 DU’S GENERAL PLAN AND ZONING Land Use Designation COMBINATION DISTRICT - RM/RLM . Density AIIowed 7.9 DU/AC Density Proposed 6.17 DU/AC Existing Zone PC Proposed Zone PC Surrounding Zoning and Land Use: zoninq Land Use Site PC North PC VACANT AND GRADED VACANT AND GRADED (PA-71 south PC SINGLE FAMILY RESIDENCE & AGRICULTURE East PC GRADED RESIDENTIAL PADS (PA-41 West PC GRADED RESIDENTIAL PADS (PA-81 PUBLIC FACILITIES School District CARLSBAD Water CARLSBAD Sewer CARLSBAD EDU’s Public Facilities Fee Agreement, Date MARCH 1.1990 ENVIRONMENTAL IMPACT ASSESSMENT x Mitigated Negative Declaration, issued AUGUST 30. 1990 - E.I.R. Certified, dated DISCLOSURE STATEMENT APPIJCANTS STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPUCATJCNS : WHICH WILL REQUIRE DlSCREllONARY ACTION ON WE PART OF THE CITY COUNCIL OR ANY APPOINTED BOARD. COMMISSION OR COMMI-I-KE. (f lease Print) The following information must be disclosed: 1. ADokant List the names and addresses of all persons having a financial interest in the application. AVIARA-5, A California Limited Partnership 5151 Shoreham Place, Suite 200 San Dieao. California 92122 e See Attachment A, Sheets 1 & 2 for ownership detail. 2. 3. Owner List the names and addresses of all persons having any ownership interest in the property involved. Owner and Applicant are the same as Item No. 1 above and are listed on Attachment A, Sheets 1 E 2 If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names ar; 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, Sheets 1 & 2 4. If any person identified pursuant to (1) or (2) above is a non-profit organiration 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 Statement Page 2 Have you had more than $250 worth of business transacted with any member of City staff, Boarc - Commissions, Committees and Council within the past twelve months? Yes X No If yes, please indicate person(s) One of the consultant team members is Mr. Toy Lawson of AD1 Planning Associates, a member of the City of Carlsbad Parks and Recreation Board Person is defined as: ‘Any individual, firm, copartnership, joint venture, association. social club. fraternal organization, COfpOfatiCXI, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision. or any other group or combination acting as a unit.’ . (NOTE: Attach additional pages as necessary.) ._--- t( ye. AVIARA-5, A Calif&nia Corporation AVIARA-5, A Californig Corporation General Partner General Partner Print or type name of owner Print or type name of applicant ATTACHMENT A AVIARA-5, A California Limited Partnership, consists of the following: General Partner: AVIARA-5, 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 Corporate I.D. Numbers: McKellar Development of La Jolla 33-0014946 McKellar Communities 33-0373500 AVIARA-5, A California Corporation 33-0396472 Date of Incorporation: McKellar Development of La Jolla McKellar Communities AVIARA-5, A California Corporation February 8, 1983 June 22, 1989 January 23, 1990 -l- Disclosure Form (Continued) IV Limited Partner: Leighton-Pacific Developments, Inc., A California Corporation Two Embarcadero Center, #2370 San Francisco, California 94111 Corporate I.D. Number: 94-2992090 Date of Incorporation: July 29, 1985 . Leighton-Pacific Developments, Inc., A California Corporation, is a wholly owned subsidiary of Leighton Holdings, Limited, An Australian Publicly Held Company, 472 Pacific Highway, St. Leonards, New South Wales, 2065, Australia. -2- - CITY OF CARLSBALI GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACI’S ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO.: AWARA - PI.- ARFA !i CT 911-9/PIln 90-12 LOCAL FACILITY MANAGEMENT ZONE: 19 GENERAL PLAN: RM ZONING: PC DEVELOPER’S NAME: : ADDRESS: 5151 SHWHAM PsCXl PHONE NO.: 619-587-u ASSESSOR’S PARCEL NO.: m.2l.!XSl-l~ QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 23.8/AC 147 DIJ’S ESTIMATED COMPLETION DATE: 544.85 . A. B. C. D. E. F. G. H. I. J. City Administrative Facilities: Demand in Square Footage = Library: Demand in Square Footage = Wastewater Treatment Capacity (Calculate with J. Sewer) Park: Demand in Acreage = -1.08 Drainage: Demand in CFS = Identify Drainage Basin = (Identify master plan facilities on site plan) Circulation: Demand in ADTs = (Identify Trip Distribution on site plan) Fire: - Served by Fire Station No. = Open Space: Acreage Provided - Schools: (Demands to be determined by staff) Sewer: Demand in EDUs - Identify Sub Basin - (Identify trunk line(s) impacted on site plan) 544,& 390.76 N/A 1176 #24 N/A NA 147 19 B Water: Demand in GPD - K. L. The project is 42 units below the Growth Management Dwelling unit allowance. 4TTACHMENT ‘A’ PRELIMINARY NOISE ANALYSIS FOR AVIARA AREA 5 CITY OF CARLSBAD Report # 90- 187 July 17, 1990 Prepared For: McKellar Communities 5151 Shoreham 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 (7 14)760-0891 ( Mestre Greve Associates Report # 90- 187 Page 1 SUMMARY FOR AVIARA AREA 5 MINIMUM REQUIREMENTS TO M’EET CITY OF CARLSBAD STANDARDS Report #90-187 July 17, 1990 EXTERIOR NOISE LEVELS The residential units in the project must comply with the City’s 60 CNEL exterior noise standard. Without mitigation, first floor exterior observers along Alga Road would experience a worst case traffic noise level of 60.5 CNJZL at Unit 134. A number of exterior living areas in the project will require mitigation to comply with the 60 CNEL exterior noise standard. Those exterior living areas which will require mitigation are listed below in Table Sl. 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 BARRIER HEIGHT (FT)* UNIT 60 CNEL @ YARD (Along Alga Road) 134 126,127 * - Denotes height above top of slope With the noise barriers listed in Table Sl, the exterior 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. If 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 baniers must have a surface density of at least 3.5 pounds per square foot, and have no openings or cracks. The noise barriers may he 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 he acceptable if properly designed as noise barriers. t Mestre Greve Associates Report # 90- 187 Page 2 INTERIdR NOISE LEVELS The project must comply with the City of Carlsbad indoor noise standard. With standard construction practices in California, residential buildings achieve outdoor to indoor noise reductions of at least 20 dB assuming windows are closed. Buildings in the project will be exposed to a maximum noise level of 63.4 CNEL at the second floor of Unit 134. Therefore, the project will meet the 45 CNEL interior noise standard without building upgrades. MECHANICAL VENTILATION REQUIREMENTS Since the noise attenuation of a building falls to about 15 dB with windows open, any buildings exposed to noise levels greater than 60 CNEL will meet the 45 CNEL interior noise standard only with windows closed, therefore requiring mechanical ventilation. Mechanical Table $2 PRELIMINARY MECHANICAL VENTILATION REQUIREMENTS . UNIT NUMBER 126 through 129 131 through 134 - I Mestre Greve Associates Report # 90- 187 * Page 3 PRELIMINARY NOISE ANALYSIS FOR AVAIARA AREA 5 CITY OF CARLSBAD 1.0 INTRODUCTION The purpose of this report is to show compliance of Village 5 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 Carlsbad. The project is located in the City of Carl&ad, as shown in Exhibit 1. The project site will be impacted by traffic noise from Alga Road. The project is not impacted by railroad or aircraft noise. This study determines the need for any mitigation measures to meet the 60 CNEL exterior noise standard, and addresses the 45 CNEL interior noise standard required by the City of Carlsbad. Mitigation measures that would be required in order to meet 65 CNEL are also included, for comparison only. 2.0 NOISE CRITERIA The predominant rating scale now used in California for land-use compatibility assessment is the Community Noise Equivalent Level (CNEL). CNEL is a 24hour time weighted annual average noise level based on the A-weighted decibel. A-weighting is a frequency correction that correlates overall sound pressure levels with the frequency response of the human ear. Time weighting refers to the fact that noise that occurs during certain sensitive time periods is penalized for occurring at these times. The evening time period (7 PM to 10 PM) penalizes noises by 5 dB, while nighttime (10 PM to 7 AM) noises are penalized by 10 dB. These time periods and penalties were selected to reflect peoples sensitivity to noise as a function of activity. The City of Carlsbad requires that outdoor living areas not exceed a noise level of 60 CNEL for a six-foot-tall observer located five feet within the property line. In addition, interior noise levels may not exceed 45 CNEL. The site plan for the project (Exhibit 2) was provided by Hunsaker and Associates (“Site Plan for Aviara Area 5”, T/17/90). . L -. W )I m y, I- CJ W 7 .O a n . \ Mestre Greve Associates Report#90-187 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”, FI-IWA-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 computerized format to determine the required barrier heights. 4.0 ROADWAY NOISE The future traffic volume for Alga Road was obtained from Dennis Turner at Carlsbad Planning on July 7, 1990. The future average daily traffic volume for Alga Road was taken from the “Carlsbad Transportation Model, 2010 Land Use Assumptions With 2010 Network Assumptions (Calibrated Trip Rates From SR-78 Study), June 23, 1990”. The future average daily traffic volume for Alga Road between El Camino Real and Batiquitos Drive is 19,300. A vehicle speed of 40 miles per hour was utilized. 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 VEHICLE TYPE 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- 187 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 CNEL CONTOUR (FT) -7o- -65- do- . Alga Road 38 81 174 The results in Table 2 and the site plan (Exhibit 2) indicate that some exterior living areas along Alga Road will be exposed to traffic noise levels in excess of 60 CNEL. First floor observers along Alga Road will experience a worst case traffic noise level of 60.5 CNEL at Unit 134. 5.0 EXTERIOR NOISE MITIGATION For the exterior living areas which are exposed to noise levels greater than 60 CNEL some form of noise mitigation is required. An effective method of reducing the traffic noise levels to acceptable levels is with a noise barrier. Representative cross-sections along the roadway (see Appendix for analysis data) were analyzed utilizing the FHWA Model to determine the necessary noise barrier locations and heights. The results of the analysis indicate that in order to meet the 60 CNEL exterior noise standard, noise barriers are required for a number of exterior living areas facing Alga Road. Required noise barrier locations and heights to meet the 60 CNEL exterior noise standard are listed (in bold type) in Table 3, and shown in Exhibit 3a. The noise barriers shall be located at top of slope as shown- in Exhibit 3a. For the sake of comparison, required noise barrier locations and heights to meet 65 CNEL are also listed in Table 3, and shown in Exhibit 3b. . , \ , . Mestre Greve Associates Report # 90- 187 Page 6 Table 3 NOISE BARRIER REQUIREMENTS BARRIER HEIGHT (FT)* TO MEET UNIT 65 CNEL 60 CNEL STANDARD (Along Alga Road) 134 5.0 126,127 i:: 5.0 * - Denotes height above top of slope NR - Indicates “No Barrier Required” . The frost floor exterior living areas in the project will meet the City of Carlsbad’s 60 CNEL exterior noise standard with the barriers listed (in bold type) in the third column of Table 3, and shown in Exhibit 3a. For comparison only, barrier locations and heights to meet 65 CNEL are listed in the second column of Table 3 and shown in Exhibit 3b. 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 barriers are required to have a surface density of at least 3.5 pounds per square foot, and have no openings or cracks. They may be constructed of wood studs with stucco exterior, l/4 inch plate glass, 5/B inch plexiglass, any masonry material, or a combination of these materials. Wood and other materials may be acceptable if properly designed as a noise barrier. 6.0 INTERIOR NOISE MITIGATION The project must comply with the City of Carlsbad indoor noise standard. With standard construction practices in California, residential buildings achieve outdoor to indoor noise reductions of at least 20 dB assuming windows are closed. Buildings in the project will be exposed to a maximum noise-level of 63.4 CNEL at the second floor of Unit 134. Therefore, the project will meet the 45 CNEL interior noise standard without building upgrades. - - I , \ 0 4 0 K I ;I 4 (3 :I 1 I t 0 4 0 K I 4 0 J Q, 1 I i Mesh-e Greve Associates Report # 90- 187 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 CNBL 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 shaIl consist of a minimum of ten feet of straight or curved duct, or six feet plus one sharp 90 degree bend. M chanical ventilation will fl{ 4 --L Table 4 PRELIMINARY MECHANICAL VENTILATION REQUIREMENTS UNIT NUMBER 126 through 129 131 through 134 I , b 0 4 2 I I 4 2 ” . Mestre Greve Associates Report # 90- 187 Page 8 APPENDIX DATA USED TO DESIGN NOISE BARRIERS ALONG ALGA ROAD Road Distance Base Of Dist. To Observer Observer Lot Elevation To Wall Wall Observer Elevation Height 134 140.7 50 140.7 75 130.7 6 133 747.2 50 141.2 75 730.9 6 132 741.5 50 741.5 76 737.7 6 737 141.9 50 147.9 77 131.3 6 729 142.2 50 142.2 77 131.4 6 128 142.2 50 142.2 77 137.6 6 127 741.9 50 747.9 76 131.8 6 126 141.9 50 141.9 76 132 6 . . MINUTES October 3, 1990 PLANNING COMMISSION Page 8 COk J' a difficult piece of property. She can accept the staff " explanation for the entrance on Corte de la Vista. She w' "1 support the project. ? Commissioner Schlehuber feels that the Commission mus Vista or it would create a much greater liability i the City. Commissioner McFadden will support the project is a good resolution to a difficult piece of 1 prefer two entrances, both on Corte de la Vis accept the staff recommendation, the view wall condition which has been proposed and the a ional wording to the resolution for the mitigated Negati Declaration. She would like to see setback measurement hown on future plans submitted by Fieldstone. Commissioner Holmes likes the projec spite of the view problems. The only way to guarantee ew is to have the lot closest to the view. He think excellent solution to a difficult a lot of pluses and will support Commissioner Hall agrees with t comments which have been made but he, also, would have ed to see two entrances. He does like the entrance on Cor e la Vista and the overall design of the project. Chairman Schrannn appreciat the mix of single story and two story. She would like to e the proposed condition include landscaping and agrees w the other issues which have been addressed, including th ntrance on Corte de la Vista. She, also, would have lik see a second entrance. Motion was duly mad seconded, and carried to adopt Planning Commission Resolut No. 3017 recommending approval of the Negative Declarat issued by the Planning Director and adopt Planning Commiss Resolution Nos. 3018, 3019 and 3020 recommending a oval of CT 90-23, PUD 90-23, and HDP 90-29, based on the dings and subject to the conditions contained therein with e following additions: (1) add the words the mitigation plan" to Condition #l of 3017, and (2) add the wall condition and the to the view wall condition. nning Commission recessed at 7:50 p.m. and reconvened iii 2) issioner McFadden became ill and left the meeting at 8:04 Chairman Schramm informed the applicants for items 21, and 4) to question if they would prefer a hearing by the .l Commission. They chose to be heard. CT 90-9/PUD 90-12 - AVIARA PLANNING ARRA 5 - Request for a 147 dwelling unit Condominium Tentative Tract Map and Planned Unit Development on property located within the Aviara Master Plan (PA-S) at the southeast corner of the intersection of Alga Road and Batiquitos Drive, in Local Facilities Management Zone 19. Chris DeCerbo, Senior Planner, reviewed the background of the request and stated that the applicant is requesting approval of a condominium project on a 23.8 acre site in the Aviara IISSIONERS ’ Hall Holmes Marcus McFadden Schlehuber Schraunn -_ MINUTES October 3, 1990 PLANNING COMMISSION Page 9 COMMISSIONERS Master Plan. The proposed density of 6.17 du's/acre is below the maximum density of 7.9 du's/acre. The proposed project would consist of 147 townhome units to be developed as 3 duplex, 6 triplex, 27 fourplex, and 3 fiveplex structures. All of the structures will be two stores in height with the maximum being 27 ft. measured to the tallest roof peak. Four floor plans are proposed ranging in size from 1,549 s.f. to 2,190 s.f. Access to the project would be off Hummingbird Drive. Each of the units will include a fenced, exclusive use rearyard ranging from 350 s.f. to 1,600 s.f. There will be a common open space corridor which provides pedestrian access to the major community trail system. The site is surrounded by vacant and graded Planning Areas 7, 4 and 8 to the north, east and west respectively and a single family residence and agriculture to the south. The proposed project is in conformance with all standards and staff recommends approval. Chairman Schrannn opened the public testimony and issued the invitation to speak. Bill Kennedy, representing HcKellar Development of La Jolla, 5151 Shoreham Drive, San Diego, CA 92122, addressed the Commission and stated that they agree with the staff recommendations with the exception of Condition 1174 which speaks to the different lot configurations and combines several homeowner lots with recreation and open space lots. He requested that the lots be separated for ease of conveyance for maintenance purposes. Staff has indicated that they would support this request. Chairman Schramm inquired about the oak tree reserve and the 7 oak trees which were to be relocated, because it does not show up on the map. Mr. Kennedy replied that rather than relocate the 7 trees, 9 oak trees have been preserved in place in the open space area of Area 5 (old lot #95). Commissioner Hall inquired if staff had any comment on the proposed change to Condition 1174. Bob Wojcik, Principal Engineer, replied that staff is willing to accept the change and has proposed wording changes to the condition which have been handed out. There being no other persons desiring to address the Commission on this topic, Chairman Schraaxs declared the public testimony closed and opened the item for discussion among the Commission members. Commissioner Holmes requested that the applicant consider replacing the wrought iron with "hot dipped galvanixed iron" because of the close proximity to the ocean. Mr. Kennedy can accept this recommendation but would like the change to be at the approval of the Planning Director since there may be other alternatives which would be even better. Motion was duly made, seconded, and carried to adopt Planning Cormuission Resolution No. 3099 recommending approval of the Mitigated Negative Declaration issued by the Planning Direct01 and adopt Planning Commission Resolution Nos. 3100 and 3101 recommending approval of CT 9D-g/PHD 90-12, based on the findings and subject to the conditions contained therein, with the addition of the following: (1) proposed changes to Condition 1174 presented by staff handout; (2) proposed changes to Condition Nos. 48, 70, and 74 as outlined in staff memo dated October 3, 1990; and (3) a condition which states the ratio for replacement of the preserved oak trees. Hall Holmes Marcus Schlehuber Schramm NOTICE OF PUBLIC HEARING . NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California, at 6:00 p.m. on Wednesday, October 3, 1990, to consider approval of a 147 dwelling unit condominium Tentative Tract Map and Planned Unit Development on property generally located within the Aviara Master Plan (PA-S) at the southeast comer of the intersection of Alga Road and Batiquitos Drive, in Local Facilities Management Zone 19 and more particularly described as: Lots 95, 96, 97 and 98 of the City of Carlsbad Tract 85-35, Phase I -Unit C, in the City of Carlsbad, County of San Diego, of the County Recorder of San Diego County, June 19, 1989, #89-346187 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-l 161. If you challenge the Tentative Tract Map/Planned Unit Development 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 90-9/PUD 90-12 APPLICANT: AVIARA PLANNING AREA 5 ------m-m -.-.-.%-mm. In-n fin .a,T*n Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of San Diego County Mail all correspondence regarding public notice advertising to N.C.C.N. Inc. P.O. Box 878, Encinitas, CA 92024 (619) 753-6543 Proof of Publication STATE OF CALIFORNIA, ss. COUNlY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal, a newspaper of general circulation, published weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next HEARING CT 90-9IPUD 9012 NOTICE 1.9 HEREBY GIVEN that the-City Couneilofthe City ofCarls- bad wiil bold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California, at 8~90 P.M., on Tuesday, November 20,1990, to consider an application for a 147 dwelling unit condomi- nium Tentative Tract Map and Planned Unit Development on property generally located within the Aviara Master Plan (PA-51 at the southeast corner of the intersec- tion of Alga Road and Batiquitos Drive, in Local Facilities Manage- ment Zone 19 and more particularly Xsa?iW as; - M.9.I-M-W Lots 95,98,97 and 98 of the Car& bad Tract 85-35. Phase I Unit C, in the City of Carlsbad, filed in the OMce of the San Diego County Re- corder on June 19.1989. If you have any questions regard- ing this matter, please call the Planning Deparbnent at 438-1161. If YOU challenge the Tentative Tract Map and/or Planned Unit De- velopment in court. you may be li- preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the follow- ing dates, to-wit: Proof of Pub1 mited to raising OI& thoshissuea you or someone else raised at the public hearing described in this notice, or in written eorrespond- ewe delivered to the City of Carl- sbad City Clerk’s OMce at or prior to the public hearing. Applicant: McKellar Communities CARLSBAD CITY COUNCIL AVIAAA PLANNING AREA.5 CT 90-09 PUD, QO- 12 -_ --- NOVEMBER 8 1990 19- 19- 19- I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of Cali- fornia on THE 8TH day of NOVEMBER, 1990 Clerk of the Printer CJ 5588~ November 8,198O - NOTICE OF PUBLIC HEARING CT 90-9/PUD 90-12 . 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 20, 1990, to consider an application for a 147 dwelling unit condominium Tentative Tract Map and Planned Unit Development on property generally located within the Aviara Master Plan (PA-5) at the southeast corner of the intersection of Alga Road and Batiquitos Drive, in Local Facilities Management Zone 19 and more particularly described as: Lots 95, 96, 97 and 98 of the Carlsbad Tract 85-35, Phase I Unit C, in the City of Carlsbad, filed in the Office of the San Diego County Recorder on June 19, 1989. If you have any questions regarding this matter, please call the Planning Department at 438-1161. If you challenge the Tentative Tract Map and/or Planned Unit Development 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 8, 1990 :, CARLSBAD CITY COUNCIL AVIARA PLANNING AREA 5 PUD 90-12 (Form A) TO: CITY CLERK ‘S OFFICE FROM: PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notice CT 90-9/PUD 90-12 - AVIARA - PLANNING AREA 5 for a public hearing before the City Council. Please notice the item for the council meeting of NOV. 20, 1990 . Thank you. 1 Assistant City Man-- 11 /2/90 Date i -_ C-J- c\PC\I Pmc2c~-l~ - AVIARA PLANNING AREA 5 1. Parcel: Owner: Address: 2. Parcel: Owner: Address: 3. Parcel: Owner: Address: 4. Parcel: Owner: Address: 5. Parcel: Owner: Address: 6. Parcel: Owner: Address: 7. Parcel: Owner: Address: 8. Parcel: Owner: Address: 215-0510I /- Murphy, Howard F. ..I 400 N. La Costa Drive Cartsbad, CA 92009 215051-05 Murphy, Howard F 400 N. La Costa Drive Cartsbad, CA 92009 215-051-l 13 / Carlsbad Unified School District v 801 Pine Avenue Cartsbad. CA 92008 215-612-05 Aviara Land Associates J 2011 Palomar Airport Road, Suite 206 Carisbad, CA 92009 215-612ti Lyon Communities, Inc. i/ 4330 La Jolla Village Drive, Suite 130 San Diego, CA 92122 215-61247 Lyon Communities, Inc. 4330 La Jolla Village Drive, Suite 130 San Diego, CA 92 122 215512-10 Goe. Steven J. and Susan / 17 19 Catalpa Road Carl&ad, CA 92009 215-512-11 Goetschel, Martin 6, Jr. i/ 17 17 Catalpa Road Cartsbad, CA 92CO9 9. Parcel: Owner: Address: 10. Parcel: Owner: Address: 11. Parcel: Owner: Address: 12. Parcel: Owner: Address: 13. Parcel: Owner: Address: 14. Parcel: Owner: Address: 15. Parcel: Owner: Address: 16. Parcel: Owner: Address: 17. Parcel: Owner: Address: 215512-12 Enyedi, George and Gerda J 17 15 Catalpa Road Cartsbad. CA 92009 215-512-13 Schulber, Seth and Schulb J’ 17 13 Catalpa Road Co&bad, CA 92009 215512-14 / Barbour, Elinor L. d 17 11 Catalpa Road Cartsbad. CA 92009 21551220 Mactavish, Andrew H. and NA / 7206 Mimosa Drive Cartsbad, CA 92009 215512-21 Hsu, Jang-Yu and Yen-Hwa J 7212 Mimosa Drive Cartsbad. CA 92009 21551222 Bullat, David M. and Joan A. J 72 14 Mimosa Drive Cartsbad, CA 92009 215512-23 Ragland, David 8. J 72 16 Mimosa Driie Cartsbad, CA 92009 215512-24 Donath, Robert A. J 7220 Mimosa Drive Cartsbad. CA 92009 215512-25 Shnable, Paul S. J 7224 Mimosa Driie Cartsbad, CA 92009 18. Parcel: Owner: Address: 19. Parcel: Owner: Address: 20. Parcel: Owner: Address: 21. Parcel: Owner: Address: 22. Parcel: Owner: Address: 23. Parcel: Owner: Address: 24. Parcel: Owner: Address: 25. Parcel: Owner: Address: 26. Parcel: Owner: Address: 215512-26 McElroy, Gordon L TR J 7226 Mimosa Drive Cartsbad, CA 92009 215-512-27 J Courson, David M. & Krist 7228 Mimosa Drive Cartsbad, CA 92009 215-512-28 / Jessee, William N. and Jess ’ 7230 Mimosa Drive Cartsbad. CA 920X 21551229 J Seibold, Richard L. and Ruth 7232 Mimosa Drive Cartsbad, CA 92009 21551230 Everett, Donald F. J 7234 Mimosa Drive Carlsbad, CA 92009 215312-31 J Varney, Michael and Ball, Jennifer M. 7236 Mimosa Drive Carisbad, CA 92009 215-512-32 Holtaway, Edward P. and Donna J 7238 Mimosa Drive Cartsbad. CA 92009 21551233 Faucera, Carmen W. and Karen J 7240 Mimosa Drive Cartsbad. CA 92009 213513-05 Hutson, John and Gail J 7205 Mimosa Drive Cartsbad. CA 92CO9 27. Parcel: Owner: Address: 28. Parcel: Owner: Address: 29. Parcel: Owner: Address: 30. Parcel: Owner: Address: 31. Parcel: Owner: Address: 32. Parcel: Owner: Address: 33. Parcel: Owner: Address: 34. Parcel: Owner: Address: 35. Parcel: Owner: Address: 215513-& / Fortner, Cameron D. and She v 7207 Mimosa Drive Cartsbad, CA 92009 215513-07 Chen, Yung-Chiu A. J 7209 Mimosa Drive Carl&ad. CA 92009 215513-08 Truax, Gary and Laurie J 7211 Mimosa Drive Cartsbad. CA 92009 215-513-W ’ Farrell, Michael B and Kat J 7213 Mimosa Driie Cartsbad. CA 92009 215513-10 Richman, Irving M and Rebe J 72 15 Mimosa Drive Carl&ad, CA 92009 215-513-11 Richman, Irving, M. and Rebe J 72 17 Mimosa Drive Cartsbad, CA 92009 215513-12 Osberg, Emil A. Jr., and Nancy J 7219 Mimosa Driie Cartsbad, CA 920X 215-513-13 J Simo, Mark J. 7221 Mimosa Drive Cartsbad, CA 92009 21551314 J Simo, Mark J. 7223 Mimosa Drive Co&bad, CA 92009 ,- 36. Parcel: Owner: Address: 37. Parcel: Owner: Address: 38. Parcel: Owner: Address: 39. Parcel: Owner: Address: 40 Parcel: Owner: Address: 41. Parcel: Owner: Address: 42. Parcel: Owner: Address: 43. Parcel: Owner: Address: 44. Parcel: Owner: Address: 215513-15 Lind, Victor J. and Virgini J 7225 Mimosa Drive Carlsbad, CA 92G09 215-513-16 Johnson, Milburn C. and Mae J 7227 Mimosa Drive Co&ad, CA 92009 215513-17 / Mueller, Richard C. v 7229 Mimosa Drive Carlsbad. CA 92009 215513-18 Evans, John M and Melanie J 7231 Mimosa Drive Carl&ad, CA 92005) / 215513-19 J Cook, Erick M and Debra L. 7233 Mimosa Drive Carlsbad. CA 92009 215513-20 Keesom, Sophia M. J 7235 Mimosa Drive Carlsbad, CA 92009 21551321 Schad, Herbert J. J 7237 Mimosa Drive Carl&ad, CA 92009 215513-22 Jaramillo, Ricardo A. and M. 7241 Mimosa Driie Carlsbad, CA 92009 215-513-23 . Moran, John A. and Laura M. 7243 Mimosa Diie Carisbad. CA 92009 45. Parcel: Owner: Address: 46. Parcel: Owner: Address: 47. Parcel: Owner: Address: 48. Parcel: Owner: Address: 49. Parcel: Owner: Address: Xl. Parcel: Owner: Address: 51. Parcel: Owner: Address: 21551324 J Paull, David M. 7245 Mimosa Drive Cartsbad. CA 92009 21559012:21 and 2155903134 (PA81 J Davidson Communities 12520 High Bluff Drive, Suite 300 San Diego, CA 92130 215591-1:29(PA8) Davidson Communities 12520 High Bluff Drive, Suite 300 San Diego, CA 92 130 215-600-01:06and215600-10:27(PA3 Republic Development 180 N. Riverview Drive, Suite 130 Anaheim, CA 92808 215-kOl~l:ll and 215&l-13:47 and 2 15602- 154 (PA 4) Republic Development 180 N. Rivet-view Drive, Suite 130 Anaheim, CA 92808 215592-10 Aviara Land Associates, Limited 2011 Palomar Airport Road, Suite 206 Cartsbad, CA 92009 215-592-l 1 Aviara Master Association C/O Hillman Properties West 2011 Palomar Airport Road, Suite 206 Carl&ad, CA EC09 ,