HomeMy WebLinkAbout1991-02-05; City Council; 11019; Aviara Phase IIL CITY -)F CARLSBAD - AGEND.- BILL
4B#/ R ( ? TITLE: APPROVAL OF A MASTER PLAN AMENDMENT, ucr I. Ill
NTG. 215191 MASTER TENTATIVE NAP AND OTHER DISCRETIONARY APPLICATIONS FOR PEASE CITY AT’
3FPT. PLN II OF THE AVIARA MASTER PLAN. CITY MGS w-. .*
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RECOMMENDED ACTION:
Both the Planning Commission and staff are recommending that the City Council direct the City Attorney to prepare documents APPROVING the Mitigated Negative Declaration, CT 89-37, LCPA 90- 5, and HDP 90-2 and INTRODUCE Ordinance No. fi?s- ,4D , APPROVING MP-177(B).
ITEM EXPLANATION
On December 22, 1987, the City Council approved the Pacific Rim Country Club and Resort Master Plan, now named Aviara, and associated applications including the 531 acre Phase I Master Tentative Tract Map (CT 85-35). The applicant is now requesting approval of a Master Plan Amendment and a Master Tentative Tract Map for Phase II of the Aviara Master Plan.
Phase II consists of the western 247 acres of the Aviara Master Plan including Planning Areas 25-30. The Master Tentative Map proposes subdividing the site into 11 separate lots and the grading of 156.5 acres of the 247 acre site for the creation of master residential pads, circulation corridors and a 16 space Batiquitos Lagoon Trailhead parking lot. The remaining 90.5 acres of the property, will be preserved in open space. Further, subdivision of any of the master residential pads for the development of residential uses shall require that additional tentative maps are processed through the City.
The project applicant is also proposing to amend the Aviara Master Plan relative to those Planning Areas (25-30) covered by the Phase II Tentative Map. Specifically, the proposed Master Plan Amendments include:
I. Modification of planning area boundaries for Planning Areas 25-30. The primary reasons for adjusting the Planning Area boundaries are associated with the realignment of Major Master Plan streets and the preservation of more of the Phase II area in open space than originally anticipated under the existing Master Plan.
II. Change permitted product types from multiple family to single family (minimum 7500 square foot lots) within Planning Areas 26 and 30.
III. Revise development standards for Planning Areas 25-30 to be consistent with above mentioned product type revisions and up-to-date Citywide ordinances and policies.
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PAGE 2 OF AGENDA BILL NO. ll; D I 7
IV. Reduce maximum permitted dwelling unit potentials (from 569 du's to 484 du's) within Phase II while increasing total Phase II open space from the anticipated Master Plan total of 72.4 acres to 87.83 acres (increase of 15.43 acres).
V. Incorporate requirements that affordable housing be provided through this Master Plan.
The proposed project complies with all City ordinances, plans and policies. More detailed information is included in the attached staff report to the Planning Commission. On December 19, 1990 the Planning Commission unanimously (6-O) approved all aspects of the proposed project without revision.
ENVIRONMENTAL REVIEW
On December 19, 1990 the Planning Commission recommended approval of the Mitigated Negative Declaration issued by the Planning Director on September 6, 1990.
FISCAL IMPACT
In that no dwelling units are proposed with this application, no facilities or other fiscal impacts are anticipated. The Zone 19 Local Facilities Management Plan, specifies that all required future facility improvements are to be funded by development. In accordance no fiscal impacts to the City will result from the approval of this Master Plan Amendment, Master Tentative Tract Map and associated applications.
GROWTH MANAGEMENT STATUS
Facilities Zone 19
Local Facilities Management Plan - 19
Growth Control Point 3.2/6.0
Net Density WA
Special Facility Fees WA
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EXHIBITS
1. Location Map 2. Ordinance No. r-5fw (Master Plan Amendment 177(B)) 3. Planning Commission Resolution Nos. 3150, 3151, 3152, 3153, and 3154 4. Planning Commission Staff Report, dated December 19, 1990 5. Excerpts of Planning Commission Minutes, dated December 19, 1990
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PALOMAR AIRPORT
LEUCADIA
‘TA
AVIARA PHASE II MP 177(B)/CT 89-37
LCPA 900S/HOP 90-2
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ORDINANCE NO. NS-140
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING ORDINANCE NO. 9839 AND
MASTER PLAN 177 TO ALLOW CHANGES IN THE PLANNING
AREA BOUNDARIES AND DEVELOPMENT STANDARDS FOR
PLANNING AREAS 25, 26, 27,28, 29 AND 30 AND TO CHANGE
PERMITTED PRODUCT TYPES FROM MULTI-FAMILY TO SINGLE
FAMILY WITHIN PLANNING AREAS 26 AND 30. THE PROPERm
IS LOCATED ON THE NORTH SHORE OF BATIQUITOS LAGOON,
SOUTH OF ALGA ROAD AND WEST OF AVIARA PHASE I.
APPLICANT: AVIARA PHASE II
CASE NO: MP 177(B)
The City Council of the City of Carlsbad, California does ordain as follows:
SECTION 1: That Ordinance No. 9839, and Master Plan 177 adopted thereby, is
hereby amended.
SECTION 2: That the findings of the Planning Commission contained in Resolution
No. 3151 constitute the findings of the City Council in this matter.
SECTION 3: That amended Master Plan 177(B) is approved subject to all
applicable requirements of the Carlsbad Municipal Code and to the satisfaction of the conditions
imposed by previous approvals of said plan.
SECTION 4: That Master Plan 177, dated November 4, 1977 as adopted by
Ordinance No. 9839 is hereby amended as shown on the documents marked Attachment ‘Y” to
Ordinance No. attached hereto and made a part thereof. Except for said amendments,
Ordinance No. 9839 and the Master Plan (MP 177) and all the terms and conditions thereof shall
remain in full force and effect.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption,
and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at
least once in the Carlsbad Journal within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council
held on the day of , 1991, and thereafter
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PASSED AND ADOPTED at a regular meeting of said City Council held on
-- day of , 1991, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
VINCENT F. BIONDO, JR., City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
GEAJJ
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ATTACHMENT “Y”,
(cover sheet)
The Masta Plan EViSiOXlS Contained in Attachment Y Cow Onty thOSC portiont of
each Master Phn page upoIl WhiCh IWiSiOlU M PIOpoaud Those potioIlS of each
page of the Master Plan which am not proposed for xwision are not inch&d in
Attachment Y but shall remainaspart0ftheamurdedMast&Plantext
CHAPTER II - MASTER PLAN GENERAL PROVISIONS
PAGE 24d PRESENTLY DOESN‘T EXIST.
A NEW PAGE 24d AND NEW GENERAL PROVISION 36) SHALL BE ADDED TO READ AS:
36) Prior to final map approval for the Phase II portion of the Aviara Master Plan, the
applicant (Hillman Properdes or their successor in interest) shall enter into an
agreement with the Ciry to provide the Aviara Master Plan’s proportional share of
the City’s total obligation for very low, low, and moderate income housing units.
PACE 19 PRESENTLY APPA -RS AS: 3’
SUMMARY
REsloaNnu
SUBTOlAL314.8
0 aaauo88 vhln ComloaM
18 19.5
19 15.3 :B 20 6.1
21 25.9
k@grz-Jq ‘* I*1
rw:or4L ma
sue~oTu 409
\\
‘$1 .i‘;
H CO~cmJrL .L.U”14 .n,. ?
ITTC,
’ n
. .
w
COMMRClU
SU0101M
OPEN SP4Ct
5 1.6
I J t8yh.a I lili ,.I Y2 l4.Y ,.“I
=&I
neIeo18 -zi 3.r tmloo* ..I.” ,oo. YIA 301.1
•I~Luan~ own mm88 a 10 18 8
rm-1
¶UmlOtAL 011.m
wmmw A D ‘A D l?m D A EXHI~ITll-3 ( m
&.i/i;*~jj~~~ -19- ‘=J 1.. *-?y ;-;,I, g!$ - .-.... . . . . .
J : M PKIC em cQrmr CIU A-a WaT ‘a 2.’
AMEhDED PAGE 19 SHALL APPEAR AS:
- - .-- .-. . . . . RESI-“‘“’
CONCEPTUAL ------. .--_- PLANNING AREA ITYPICAL)
BATIQUITOS LAG00
_.--.
(s
4 22.8
c muI” **WV ?i%% E
5 23.1
7 30.3
32.4 R AC
RC
” OUlTOTAL 5 I .I
I7rl-ra OPENSPACE
COMYERICAL .____-
__ *----
eaaarnrra 119 * w”e.-.“m r-r.4 WV-.-.-- q-d,”
SCHOOL
SUITOTAL 16.)
L SUITOTAL -123.8
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PAGE 7b r’RESENTLY APPEARS AS:
EXHIBIT V-l
AMElriDED PAGE 73 SHALL APPEAR AS:
r mm- : 32 .
BATIQUITOS LAG00
AVIARA
PLANNOW@ AREA8 EXHIBIT V-1
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CHAPTER V - PLANNING AREA DEVELOPMENT STANDARDS
PL4NNING AREA 25: SINGLE FAMILY RESIDENTIAL
PAGE 167 PRESENTLY R&S AS:
DESCRIPTION: This 18.2 acre planning area provides for single family detached homes. The neighborhood is
located along Alga Road in the northwest comer of the Master Plan area between Poinsertia Lane
and “N” Street.
USE ALLOCATION:
Maximum of 48 residential units (2.6 DWAC). Private recreation facilities in conjunction with the
residential units.
SITE DEVELOPMENT STANDARDS:
Height:
The maximum height allowed in this planning area is 28 feet as defined by Section 21.04.065 of
the Carlsbad Municipal Code.
Lot Size:
The minimum lot size shall be 7,500 square feet. The minimum lot width shall be 60 feet excepr
those lots which front on knuckles or cul-de-sacs, shall have a minimum frontage pursuant to the
Carlsbad Municipal Code, Chapter 20.16.016. At least 50% of the lot area shall be reserved for
open space. This open space shall be located in the rear yard and shall not exceed a gradient oi
5%.
Setbacks:
All dwelling units shall be setback a minimum of 50 feet from the Alga Road right-of-way and 40
feet from Poinsettia Lane. The standard front yard setback shall be 20 feet. In order to provide a
variety of front yard setbacks, a minimum of 12 units shall have a 2hfoot setback. All structures
shall be setback a minimum of 225 feet from the westerly planning area boundary. All other
setbacks shall be pursuant to Chapter 20.10 of the Carlsbad Municipal Code.
AMENDED PAGE 167 SHALL READ AS:
DESCRIPTION:
This W 28.4 acre planning area provides for single family detached homes. The neighborhood
is located along Alga Road in the northwest comer of the Master Plan area between Poinsettia Lane
and “N” Street.
USE ALLOCATlON . .
Maximum of 48 37 residential units (%6 1.30 DWAC). Private recreation facilities in conjunction
with the residential units.
PAGE ~~~PRESE~TLYAPPEARSAS:
Natural Slope -
(to be prmerved)
Logond
antry trmmomt
W~WWtOl~
Trril
Key Map
Seorlo Point
Design Criteria - Planning Area 25 Exhibit V-26
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AMEPiDED L ;E 168 SHALL APPEAR AS:
Existing frees F
(to be preserved)
h-Natural Slopes (to be preserved)
Legend ‘i‘\q \
potnt \ Entry TraaUmn4
d l . WWFOIlClng Wow Orkntatlon
frail
Design Criteria - Planning Area 25
Key Map
Exhibit V- 26
168
SITE DEVELOPMENT STANDARDS:
Height: The maximum height allowed in this planning area is a 30 feet as measured to the Peak of the
highest roof. At least 15% of the dwelling units shall be no more thain 1 story (22 feet measured . . tothepe*oftheroof)A-“i---
Lot Size: The minimum lot size shall be 7,500 square feet. The minimum lot width shall be 60 feet except
those lots which front on knuckles or cul-de-sacs, shall have a minimum frontage pursuant to the
Carlsbad Municipal Code, Chapter 20.16.016. At least 59% 15% of rke each lot m shall be
reserved for open space. This open space shall be located in the rear yard and shall not exceed a
gradient of 5%.
Setbacks:
All dwelling units shall be setback a minimum of SO feet from the Alga Road right-of-way and 48
SO feet from Poinsettia Lane. The standard front yard setback shall be 20 feet. In order to provide
a variety of front yard setbacks, a minimum of 12 units shall have a 24rtoot setback. All structures
shall be setback a minimum of 25 feet from the westerly planning area boundary. All structuws
shall be set back a minimum of 25 feet from W Street All other setbacks shall be pursuant to
Chapter 20.10 of the Carlsbad Municipal Code.
PAGE 169 PRESENTLY READS AS:
SPECIAL DESIGN CRITERIA:
Design:
All community-wide design standards described in Section A of Chapter IV shall be embodied in the
architecture of this planning area. The following specific guidelines shall also be included for this
planning area:
* As shown on the Special Design Criteria exhibit for this planning area, the identied
natural slopes shall be presented and maintained as open space.
* Strong architectural relief features shall be incorporated into stnxtures visibIe from
Poinsettia Lane, Alga Road and adjacent property to the west.
Enuv Treatme*
A community entxy feature shall be located along Alga Road at the Poinsettia Lane intersection. In addition, a neighborhood l nuy way may be located along Alga Road.
Fencing:
If required as a result of a noise study, a noise attenuation stxucture shall be required where
residential lots are located adjacent to Alga Road and Poinsettia Lane. The smxture may consist
of a masonry wall, earthen berm or combination of the two. The noise attenuation srudy shall be
conducted prior to Site Development Plan submittal. If the noise attenuation smrcrure is not required, a decorative solid 6-foot wall or fence shall be required along the rear lot lines of lots
adjacent to Alga Road and “N” Street. A solid fence shall also be located to the west of lots located
near the westerly plannikg area boundary. These fences shall be uniform in design.
AMENDED PAGE 169 SHALL READ AS:
SPECIAL DESIGN CRITERIA:
Desh: All community-wide design standards in Section A of Chapter IV shall be embodied in ‘the
architecture of this planning area. The following specific guidelines shall also be included for this
planning area:
1 As shown on the Special Design Criteria exhibit for this planning area, the identified
natural slopes shall be preserved and maintained as open space.
l Suong architectural relief features shall be incorporated into structures visible from
Poinsettia Lane, Alga Road and adjacent property to the west.
+ Prior to the issuance of building pamits, st~ctural elevations shall be submitted for review and approval by the Planning Director.
Enav Treatment:
A communiry entry fearure shall be located along m “N”
Street. *
Fencing:
If required as a result of a noise study, a noise attenuation smxture shall be required where
residential lots are located adjacent to Alga Road and Poinseti Lane. The saucture may consist
of a masonry wall, earthen berm or combination of the two. The noise attenuation study shall be
conducted prior ro C:rl Tentative Map submittal. If the noise attenuation
smcture is not required, a decorative solid 6-foot wall or fence shall be required along the rear lot
lines of lots adjacent to AJ@hhmi “N” Sueet. A solid fence shall also be located to the west
of lots located near the westerly planning area boundary. These fences shall be &#k++in designed
to incorporate Imrl+rmrd popoutsIinsets and other relief features.
PLANNING AREA 26:
PAGE 171 PRESENTLY READS AS:
PIANNING AREA 26: MULTI-FAMILY RESIDF,NTLA&
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PAGE172tdESEhTLY APPEARS AS:
Logond Kay Map
Q lrcI tnamun
G3 z WWdPWh#
d
tr8ll
m~mr.wo. L. /(‘O#w.oorvd
Saonro l oht
View 0rtmtItl.n
Design Criteria - Planning Area 26
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Exhibit V-27
\\ AMENDED PAGE 172 SHALL APPEAR AS:
isting Trees (to be preserved)
! B . Natural Slopes (to be preserved)
Entry fromnmt Sconk Pdnt
WJMondng Wow Orkntation
7, 8
w
Tfdl
Existing Trees (to be preserve
Legend
d)
Key Map
Design Criteria - Planning Area 26 Exhibit V- 27
-172-
DESCRIPTION: This 75.2 acre planning area provides for multi-family attached homes. The neighborhood is
bounded to rhe west by “N” Street, to the north by Alga Road and to the east by the 3rd, 4th and
5th holes of the golf course.
DEVELOPMENT STANDARDS: PD
All development in Planning Area 26 shall conform to the development standards of the PD
Ordinance (Carlsbad Municipal Code, Chapter 21.45090) unless othenvise noted in this chapter.
USE ALLOCATION:
169 multi-family residential units are allowed by the Growth Management Control Point (2.3
DWAC).
Private recreation facilities are required in conjunction with the residential units.
t A maximum of 344 multi-family units are allowed contingent upon meeting the
criteria described in Chapter II D.l. (4.5 DWAC).
PERMITTED USES: Multi-family residential housing.
Recreational facilities.
SITE DEVELOPMENT STANDARDS:
The maximum height in this planning area shall not exceed 35 feet. All heights shall be determined
per Section 21.04.065 of the Carlsbad Municipal Code. At least 50% of the structures in this
Planning Area shall be no more than two stories in height. Where three story suuctures are
proposed, no more than one-half of the smctures shall be three stories in height.
Setbacks:
The minimum setback for structures and parking from Alga Road and “N” Sueet measured from the
property line shall be SO feet. The minimum setback from the golf course shall be 20 feet. Front
yard setbacks from other streets and drives shall be in conformance with Section 21.45.090(b) of
the Carlsbad Municipal Code. The minimum building separation shall be 20 feet.
AMENDED PAGE 171 SHALL READ AS:
PLANNING AREA 26. WWI-WWW SIN . GLE FAMILY RESIDENTIAL.
DESCRIPTION:
This W 78.4 acre planning area provides for m&&kly single family W detached homes.
The neighborhood is bounded to the west by “IV” Sueet, to the north by Alga Road and to the east
by the 3rd. 4th and Sth holes of the golf course.
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DEVELOPMENT SANDARDS: PB R-1-7500 AU development in Planning Area 26 shall conform to the development standards of the PQ
Q&NHW R-l Zone (Carlsbad Municipal Code, Chapter &l-&&W 21.10) unless otherwise noted in this chapter.
CSE ALLOCATION: -
W&N&&&J 185 singie family residential units are allowed. L..
&RE~&& (X4 2.35 DWAC).
l
PF.RMITl-ED USES:
The following uses are allowed within this planning area: single family detached residential units
along with passive and active recreation areas. Duplu units are qressly prohibited.
SITE DEVELOPMENT STANDARDS:
Height:
The maximum height in this planning area shall not exceed % 30 feet as measued to the peak of
thebigkstroof. At~15%ofthedwcllingunirsshallhnvcnomonthan1story(22feet
measured to the peak of the roof). Q
Toencourageawictyoffrontyudsetbaclts,thtminimum~shallk20feecwithatleast
37of~unicrbnvinga24foocfrontyardserbadruKiking~~ughoutcheplanning
area. Alldwelling~~k~aminimumofSOfeetfromAlgaRoadandBatiq~tosDrive
and 15 feet fror lk&al Dxk All other setbacks shall be punu?nt to Chapter 21.10 of the
Caskbad Munk@lcodt.
PAGE 173 PRESENTLY READS AS:
l Strong architectural relief features shall be incorporated into suuctures visible from
Alga Road and adjacent property to the west.
l Buildings in this ncighborhood shall relate strongly to the sloping site and shall
avoid large flat pad areas by the incorporation of stepped building footprints.
t Curvilinear streets shall be combined with varied building setbacks to strengthen the
meditexranean hilltown appearance of the planning area.
+ Outdoor courtyards, patios and plazas shall be included.
l Special attention shall be given to incorporate the adjacent open space area as an
amenity tothe neighborhood.
Enw Treatment:
Neighborhood entry ways may be located at the northerly-most and southerly-most entrances along
“N” Street.
Fencing:
Traffic noise along Alga Road shall be attenuated through the incorporation of a solid masonry
wall, earthen berm or a combination of the two. The area adjacent to “N” Street between the
southerly enuance and the noise attenuation wall at Alga Road shall require a solid wall or fence
at the top of the slope. In the southerly area of development along “N” Street, the area adjacent
to Planning Area 27 to the south and the easterly side of the planning area near the golf course
shall all require the consauction of an open fence which shall be consistent in design.
AMENDED PAGE 173 SHALL READ AS:
l Suong architectural relief features shall be incorporated into strucrures visible from
Alga Road and adjacent property to the west.
* Buildings in this neighborhood shall relate strongly to the sloping site and shall
avoid large flat pad areas by the incorporation of stepped w lots.
l Curvilinear streets shall be combined with varied building setbacks to strengrhen the
meditenanean hilltown appearance of the planning area.
l Outdoor courtyards, patios and plazas shall be included,
l Special attention shall be given to incorporate the adjacent open space area as an
amenity to the neighborhood.
+ Rimtotki%uame of building pamits, structud elevations shall be submitted for
rdewandappmvalbythePlanningI%rector.
Neighborhood entzy ways irmp)r shall be located 5
along “N” Street.
Fencing:
Traffic noise along Alga Road shall be attenuated through the incorporation of a solid masonry
wall, earthen berm or a combination of the two. The wall sMI be dedgned to incorporate landsea@ ~pcmts/insetx and other relief features. An acoustical study including necessary noise
attenuation measures along Alga Road shall be required to be submitted with the application for development of this planning M& The area adjacent to “N” Sueet L
s shall require a solid wall or fence at the top of the
slope. In the southerly area of development along “N” Sueet, the area adjacent to Planning Area
27 to the south and the easterly side of the planning area near the golf course shall all require the
consuuction of an open fence which shall be consistent in design.
PAGE174 PRESENTLYREADSAS:
* Where parking lots are provided, a minimum 320 square foot landscaped island shall
be provided for every ten parking spaces.
Ouen Suace:
All manufactured slopes shall be maintained as landscaped open space. Undeveloped areas of
eucalyptus groves located in the southwest portion of the planning area along “N” Sueet and
undeveloped areas adjacent to the golf course shall be maintained as natural open space. Trees in
these areas may be thinned, subject to the approval of the Planning Director. All open space areas
described above shall be maintained by the community open space maintenance disaict.
Tra*:
The Golf Course Trail, a major community uail located along the west side of the golf course which
connects the trail along Alga Road with the trail along Pacific Rim Drive, shall be constructed
within the planning area as a condition of development. The portion of the major community aail
along Alga Road located within the planning area shall also be consmacted as a condition of
development.
AMENDED PAGE 174 SHALL READ AS:
t
Ouen Snace:
Au manufactured alopes shall be maintained as landscaped open space. Undeveloped natural slopes . aIultxeegroves~ “LI” Ck-r, shall be maintained as natural
open space. Trees in these areas may be thinned, subject to the approval of the Planning Director.
All open space areas desaii above shall be maintained by the community open space
maintenance district.
Trails:
The Golf Course Trail, a major community uail located along the west side of the golf course which
connects the uail along Alga Road with the trail along 4kkk-Fk Batiquitos Drive, shall be
constmcred within the planning area as a condition of development. The portion of the major
community nail along Alga Road located within the pianning area shall also be construcred as a
condition of development.
PLANNING AREA 27: SINGLE FAMILY RESIDENTIAL
PAGE 175 PRESENTLY READS AS:
DESCRIPTION:
. . This 21.2 acre planning area located on the northerly side of Pacific Rim Drive will include single
family detached homes. The planning area is bounded by the 2nd hole of the golf course to the
east and “N” Street to the west.
.
iidential units (2.5 DWAC).
SITE DEVELOPMENT STANDARDS . .
The maximum height in this planning area is 28 feet as defmed by Section 21.04.065 of the
Carlsbad Municipal Code. A variation of one and two story building heights is required in this
neighborhood.
SetbacIy:
The standard front yard setback shall be 20 feet. In order to provide a variety of front yard
setbacks, a minimum of 16 units shall have 26 foot setbacks. All dwelling units shall be located
a minimum of 35 feet from the Pacific Rim Drive right-of-way. All other setbacks shall be pursuant
to Chapter 20.10 of the Carlsbad Municipal Code.
AMENDED PAGE 175 SHALL READ AS:
DESCRIPTION:
This 2444 18.9 acre planning area located on the northerly side of LIII;cII Batiquitos Drive will include single family detached homes. The planning area is bounded by the 2nd hole of the golf
course to the cut m
USE ALLO-
Maximum of 54 S!i residential units (G&v6 29 DWAC).
SITE DEVELOPMENT STANDARDS . .
The maximum height in this planning area is 88 30 feet as H . . ~mtothepakofOfhighatmf. d . . . . . . . s Atkast15%0fthedwdlingunitsshall
be OM story (22 feet maximum) lneasudtothchighestroofpult
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PAGE176PRESENTLY APPEARS AS:
gxistina Trees, WP-
Natural slopes /(to be preserved)
Wonlo ?olgt
.
Design Criteria - Planning Area 27 Exhibit V-28
_ -1760
LeQend
WJllF8ncing
TrJl
AMENDED &-AGE 176 SHALL APPEAR .X3:
sconk Poilll
Vkw Ofionlauon
Design Criteria - Planning Area 27 Exhibit V- 2 8
-1760
Setbacks: The standard front yard setback shall be 20 feet. In order to provide a variety of front yard setbacks, a minimum of 16 units shall have 26 foot setbacks. All dwelling units shall be located
a minimum of 35 feet from the Pa&%Rim Batiquitos Drive right-of-way. All other setbacks shall be pursuant to Chapter 20.10 of the Carlsbad Municipal Code.
PAGE 177 PRESENTLY READS AS:
l Strong architectural relief features and sensitive building spacing shall be
incorporated into sm,rcrures visible from Pacific Rim Drive and La Costa Avenue.
Ennv Treatment:
A neighborhood enay way shall be located along Pacific Rim Drive.
Fencing:
Lots having rear yards facing “N” Sueet or Pacific Rim Drive shall have a solid wall or fence of
uniform design located at the top of slope in the rear yards. Lots haviqg rear yards adjacent to the
golf course or Planning Area 26 shall have an open fence located at the top of slope in the rear
yards.
Landscane:
All community-wide landscape standards described in Section A, Community Design Elements of
Chapter Iv shall be incorporated into this planning ares. In addition, the following specific
landscape concepts shall be included in the development of this planning area:
l Landscape screening of structures shall be incorporated to soften the view of these
suuctures from Pacific Rim Drive and La Costa Avenue.
AMENDED PAGE 177 SHALL READ AS:
* Suong architectural relief features and sensitive building spacing shall be
incorporated into structures visible from Pa4W& Batiquitos Drive and La Costa
Avenue.
l Priortotheissuamx of building pamits, structural eksmtions shall be submitted for
reviewandapprov8lbythePlanningDirector.
Ennv Trea- :
A neighborhood enay way shall be located along Pa&%&m Batiq&os Drive.
Fencing:
Lots having rear yards facing “N” Street or pa&&r&m Batiq&oa Drive shall have a solid wall or
fence of uniform design located at the top of slope in the rear yards. This wall/fence shall be
designcdtoincorporate~po~u~~~andotharclieffe;ptures. Lots having rear yards
adjacent to thcgolf course or Planning Area 26 shall have an open fence located at the top of slope
in the rear yards.
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LandscaDe: All commu&y+vide landscape standards described in Secrion A, Community Design Elements of
Chapter IV shall be incorporated into this planning area. In addition, the following specific
landscape concepts shall be included in the development of this planning area:
l Landscape screening of structures shall be incorporated to soften the view of these
suucturesfrom Pa&&k Batiquitos Drive and La Costa Avenue.
PAGE 178 PRESENTLY READS AS:
Trai&: A portion of the Golf Course Trail and a portion of the major community trail along the northerly
side of Pacific Rim Drive are within this neighborhood. The sections of these uails which pre located within the planning area shall be constructed as a condition of development.
AMENDED PAGE 178 SHALL READ AS:
Trai&: A portion of the Golf Course Trail and a portion of the major cornmun.ity uail along the norrherly
side of l&&k&r+ Batiquitos Drive are within this neighborhood. The sections of these trails which
are located within the planning area shall be constructed as a condition of development.
PLANNING AREA 28: SINGLE FAMILY RESIDENTIAI,
PAGE 179 PRESENTLY BEADS AS:
DESCRIPTION:
This 34.5 acre planning area located at the southwest comer of the Pacific Rim Resort and Count-r-y
Club Master Plan consists of single family homes. This ‘neighborhood is located along the north
shore of Batiquitos Lagoon on the south side of Pacific Rim Drive just west of the 1st hole of the
golf course.
USE ALLOCATION:
Maximum of 74 residential units (2.5 DWAC).
Private recreation facilities .&all be allowed in conjunction with the residential units and are a
requirement of the planning area.
Setback:
A minimum serbrrclt of 150 feet from the wetlands boundary shall be observed for all grading and
structures except for a-ail related features. The standard front yard setback shall be 20 feet. In
order to provide a variety of front yard setbacks, a minimum of 37 units shall have 26-foot setbacks.
The minimum side yard setback shall be 10 feet. All other setbacks shall be per Chapter 21.10 of the Carlsbad Municipal Code.
10
PAGE 180 PRESENTLY APPEARS A$
Existing trees
(to bo lm~~l
Natural slOP@ \
(to be preserved) BATlQUTOS LAGOON
Planning AfOr Boundary
Legend
WUll#UWlNQ
1
Trrll
$owlo ?olnt
.Key Map
n
Design Criteria - Planning Area 28 Exhibit V-29
AMEhDEtiPAbfi BOSHALLAPPEAR.-~S:
BATIQUITOS LAGOON
Legend Key Map
Entry fnanent
WWFOfldng
lrlll
Sank Point
View Odont8tton
I
Design Criteria - Planning Area 28 Exhibit V- 29
180
AMENDED PAGE 179 SHALL READ As:
DESCRIPTION:
This 345 45.6 acre planning area located at the southwest comer of the m
v Aviam Master Plan codsts of single family homes. This neighborhood is located
along the north shore of Batiquitos Lagoon on the south side of Pa&&&n Batiquitos Drive just
west of the 1st hole of thF golf course.
USE ALLOCATION:
Maximum of ?4 66 residential units (%S 1.44 DWAC).
Private recreation facilities shall be allowed in conjunction with the residential units and are a
requirement of the planning area.
Setbacks:
A minimum setback of 150 feet from the wetlands boundary shall be observed for all grading and
structures except for trail related features. All stntctures shall be setback a minimum of 35 feet from Batiquitos Drive. The standard front yard setback shall be 20 feet. In order to provide a
variety of front yard setbacks, a minimum of 37 units shall have 26-foot setbacks. The minimum
side yard setback shall be 10 feet. All other setbacks shall be per Chapter 21.10 of the Carisbad
Municipal Code.
PAGE 181 PRESENTLY BEADS AS:
l Strong architectural relief features shall be incorporated into all sauctures visible
from Pacific Rim Drive and La Costa Avenue.
t All dwelling units shall be constructed of darker colored materials to reduce visibility
from La Costa Avenue and Pacific Rim Drive.
Entrv Treatment:
A neighborhood entry way shall be located at the intersection of Pacific Rim Drive and “N” Street.
As an option, this planning area may be developed as a gated neighborhood.
Fencing:
A solid fence or wall not to exceed 6 feet in height shall be located at the top of slope of all lots
located along Pacific Rim Drive. Thir wall/fatce shall be d&ned to incorporate landscaped
popouts/insets axui other reiief fcrturcr. An open fence shall be located at the top of slope of all
lots adjacent to 8atiquitos Lagoon.
AMENDED PAGE 181 SHALL BEAD AS:
l Sting architectural relief features shail be incorporated into all stNctures visible
from Ilrr;fir Batiquitoa Drive and La Costa Avenue.
l All dwelling units shall be consrmcted of darker colored materials to reduce visibility
from La Costa Avenue and P&&R&n Batiquitoa Drive.
t F3iortotkissuace of buiMingpcrmit3, structuxal elevahm shall k submitted for
twiewandapprovalbythPlanningDirector.
11
Entm Treatment:
A neighborhood entry way shall be located at the intersection of 4kiW&m Batiquitos Drive and .* * m the wes&y most interseCtion. As an option, this planning area may be developed as
a gated neighborhood.
Fencing: A solid fence or wall not-to exceed 6 feet in height shall be located at the top of slope of all lots
located along l%&kFkk B&quits Drive. This -fence shall be designed to incorporate landscaped popouts/insets and other relief features. An open fence shall be located at the top of
slope of all iocs adjacent to Batiquitos Lagoon.
PAGE 182 PRESENTLY READS AS:
Grading:
Any development within this planning area shall comply with the Ciry’s Hillside Development
Regulations and the slope and resource preservation policies of the underlying local coastal program
and subsequent coastal permit. Any application for development within this planning area shall require a slope analysis/biological resource map during Site Development Plan review. No grading
shall be allowed within 100 feet of the wetlands boundary,
AMENDED PAGE 182 SHALL READ AS:
Grading:
Any development within this planning area shall comply with the Ciqs Hillside Development
Regulations and the slope and resource preservation policies of the underlying local coastal program
and subsequent coastal permit. Any application for development within this planning area shall
require a slope analysis/biological resource map during Site Development Plan review. No grading
shall be allowed within 4-W 150 feet of the wetlands boundary.
PLANNING AREA 29: SINGLE FAMILY RESIDEN-l-bQ
PAGE 183 PRESENTLY READS AS:
DESCRIPTION:
This 44.0 acre ptanning area located at the southwest entrance to Pacific Rim Country Club and
Resort consists of single family residential homes. The neighborhood is located on the northeast
side of Pacific Rim Drive and is bordered to the east by “N” Sueet.
USE ALLOCATIONS:
Maximum of 89 residential units (2.0 DWAC).
Private recreation facilities shall be allowed in conjunction with the residential units and are a
requirement of the planning area.
SITE DEVELOPMENT STANDARnS . .
Hei&
The maximum height in this planning area is 28 feet as defined by Section 21.04065 of the
Carlsbad Municipal Code. A variation in one and two story building heights is encouraged in this neighborhood.
12
PAGE 184 PRESENTLY APPEARS AS:
SPINNAKER HILLS _
Exiathg Trees. (to bo prosemod)
Legend
-e
Intry Troa(rwrw .
0
LJ : W8lItFOROl~
d
8 trw
3oonlo l otnt
Key Map
Design Criteria - Pknning area 29 Exhibit V-30
-lM- .
AMENDED &GE 184 SHALL APPEAR AS:
8 l
Design Criteria - Planning Area 29
Key Map
Exhibit V- 30
Setbacks:
The standard front yard setback shall be 20 feet. The minimum side yard setback shall be 6 feet. All st&mres shall maintain a minimum setback of 35 feet from the Pacific Rim Drive right-of-way,
80 feet from the nearest property lines of the existing Spinnaker Hills development, and SO feet
from the westerly boundaries on the planning area. All other setbacks shall be per Chapter 21 .lO
of the Carlsbad Municipal-Code.
PAGE 183 SHALL READ AS:
DESCRIPTION: This 4-M 18.4 acre planning area located at the southwest entrance to e W the Aviaxa Master Plan consists of single family residential homes. The neighbdrhood
is located on the north- of &i&4&m Batiquitos Drive and is bordered to the east by “N”
Street.
USE ALLOCATIONS:
MaMum of 89 36 residential units (a 1.9 DWAC).
Private recreation facilities shall be allowed in conjunction with theesidential units and are a
requirement of the planning area.
SITE DEVELOPMENT STANDARDS:
Height:
The maximum height in this planning area is a 30 feet as meamred to the peak of the highest
roof. AtleastlS%ofthedwttlinguninshankor#sroryaadshannotcrrccedaheightof22feet * . . * . to the peak of the roof. Q
Setbacks:
The standard front yard setback shall be 20 feet. The minimum side yard setback shall be 6 feet.
All stTuctures shall maintain a minimum setback of 35 feet from the &e&%&m Batiquitos Drive
right-of-way, 80 feet from the nearest property lines of the existing Spinnaker Hills development,
and 50 feet from the westerly boundaries on the planning area. All other setbacks shall be per
Chapter 21 .lO of the Carlsbad Municipal Code.
PAGE 185 PRESENTLY READS AS:
t Strong architectural relief features shall be incorporated into structures visible from
adjacent properties to the north, I-5, and Pacific Rim Drive.
A neighborhood enay way shall be located along Pacific Rim Drive.
Lots located along the Pacific Rim Drive and “N” Street frontage shall require a solid fence or wall.
Lots which are located adjacent to the northerly planning area boundary shall require a solid fence
at the top of slope at the rear of the lots. Lots which are adjacent to open space grove areas shall
require an open fence at top of slope. A traffic noise study taken along Pacific Rim Drive shall be
required to be submitted prior to Site Development Plan review.
13
Landscape:
l fie dominant unifying landscape elements for this planning area shall be pre-
selected street trees, common landscape areas and slopes planted prior IO
homeowner occupation. Individual homeowner landscapes shall vary.
* Views to a_“d from the lagoon, I-5, Spinnaker Hills and Pacific Rim Drive shall be
preserved to the extent feasible.
l A landscaped buffer area between the northerly lots of the planning area and
Spinnaker Hills to the north shall be maintained as a landscaped open space.
l Strong architectural relief features shall be incorporated into smctures visible from
properties to the north, Pacific Rim Drive and I-S.
AMENDED PAGE 185 SHALL READ AS:
+ Snong architectural relief features shall be incorporated into sauctures visible from
adjacent properties to the north, I-S, and P~&%+%R Batiquitos Drive.
t prior to the issuance of building permits, strurrural elevations shall be submitted for
review and approval by the Planning Director.
A neighborhood entry way shall be located along I~M&&%R Batiquitos Drive.
Fencing:
Lots located along the I&e&&& Batiquitos Drive and “N” Street frontage shall require a solid
fence or wall. This wall/fence shall be designed to incorporate landscaped popoutshsets and
other relief features. Lots which are located adjacent to the northerly planning area boundary shall
require a solid fence at the top of slope at the rear of the lots. Lots which are adjacent to open
space grove areas shall require an open fence at top of slope. d . j TraKc
noise along I-S shall be required to be attenuated through the incorporation of good site design
and/or sound bar&n. The precise noise mitigation measues shallbedetexmi.nedasaresultofa
noise study for this planning lfet
l The dominant unifying landscape elements for this planning area shall be pre-
selected street aces, common landscape areas and slopes planted prior to
homeowner occupation. Individual homeowner landscapes shall vary.
l Views to and from the lagoon, I-S, Spinnaker Hills and Pa&W& BatQuitos Drive
shall be preserved to the extent feasible.
l A landscaped buffer area between the northerly lots of the planning area and
Spinnaker Hills to the north shall be maintained as a landscaped open space.
l Strong architectural relief features shall be incorporated into stntctures visible from
properties to the north, IG&R&R Batiquitc~ Drive and I-S.
14
PAGE 186 PRESENTLY READS AS:
l Setbacks from Pacific Rim Drive shall be landscaped and maintained by the
Homeowner’s Association.
Open Snace:
Manufactured slopes shall be maintained as open space. The eucalyptus groves locared along
Pacific Rim Drive and “N” Street shall be maintained as natural open space. These eucalyptus
groves may be thinned upon the approval of the Planning Director. All open space areas noted
above shall be maintained by the community open space maintenance district.
Traffic Study:
A aaffic study shall be submitted concurrent with any development application for Planning Area
29. The major focus of this aaffic study shall be on the need of connecting Daisy Avenue from
Pacific Rim Drive to its existing southern terminus in the Spinnaker Hill development. Also
considered should be general circulation in the area and craffk safety on Daisy Avenue.
AMENDED PAGE 186 SHALL READ AS:
l m Manufactured slopes along Batiquitos Drive shall be landscaped and maintained by the Homeowner’s Association.
Open Space:
Manufactured and natural slopes located witbin this Planning Area shall be maintained as open . “k,” . . . space. g . . -
Traffic Study:
A traffic study shall be submitted concurrent with any development application for Planning Area
29. The major focus of this traffic study shall be on the need of connecting Daisy Avenue from
fJk#kpk Batiquitoa Drive to its existing southern terminus in the Spinnaker Hill development.
Also considered should be general circulation in the area and a-afk safety on Daisy Avenue.
PLANNING m . .
PAGE 187 P REsEN7LY READS As:
PIANNING -30: MULTI-Fm RESIDENTI&
DESCRIPTION:
This 69.5 acre planning area provides for multi-family attached homes. The neighborhood is
located along the westerly boundary of the Pacific Rim Counuy Club and Resort Master Plan area
and is generally bounded to the north and east by Pacific Rim Drive.
DEVELOPMENT STANDARD$ PD
Ail development in Planning Area 30 shall conform to the development standards of the PD
Ordinance (Carlsbad Municipal Code, Chapter 21.45.090) unless otherwise noted in this chapter.
15
PAGE 188 t,ESE,UTLY APPEARS AS:
* -I- l t .._
I
0 i l 0 l m -r. a ‘-
: L.* 8
Legend
w m8v Tf8rtm8al 8 LJ t W8ll~Wb8l~
d
mrr
L Itxirtbg Tr88r. typ. 00 a8 nfo88fv8d)
monre Colrt
wow 0fl0m8tl.r
Key Map
Design Criteria - Planning Area 30 Exhibit V-3 I
AMEIVDED PAGE 188 SHALL APPEAR AS:
:- . .
G)iy.$EJ I aj ~--Jf pgai Slopes*
preserved)
Legend Key Map
d 0. WJMonclng
a
I Trrll
Sconk Point
Vkw Orknt8ttm
Desisn Criteria - Plannina Area 30 Exhibit V- 3 1
!dj
ALLOCATION: USE
135 multi-family residential units are allowed by the Growth Management Conaol Point (1.9
DWAC).
Private recreation facilities are required in conjunction with the residential units.
l A maximum of 309 multi-family residential units are allowed contingent upon meeting the criteria described in Chapter II D.l. (4.4 DWAC).
PERMITTED USES:
Multi-family residential housing.
Recreational facilities.
SITE DEVELOPMENT STANDARDS:
Heights: The maximum height in this planning area shall not exceed 35 feet. All heights shall be determined
per Section 21.04.065 of the Carlsbad Municipal Code. At least 30% of the units shall not exceed
28 feet. Where three story structures are proposed, no more than one-half of the smctures shall
be three stories in height.
Setbacks:
AU buildings and open parking shall be located a minimum of SO feet from Pacific Rim Drive. This
setback shall be fully landscaped with specimen uees to buffer from Pacific F&n Drive. Front yard
setbacks within the planning area shall be in conformance with Section 21.45.90(b) of the Carlsbad
Municipal Code. All structures shall be located a minimum of SO feet from the westerly bluff edge
of this planning area. The minimum building separation shall be 20 feet.
AMENDED PAGE 187 SHALL RJZAD AS:
PLANNING AREA 30: bd11117 SINGLE FAMILY RESIDENTIAL
DESCRIPTION:
This 69& 57.4 acre planning area provides for r~&- single family a~&& detached homes. The
neighborhood is located along the westerly boundary of the Pacific Rim Country Club and Resort
Master Plan area and is generally bounded to the north and east by P&&&&R Batiquitos Drive.
DEVELOPMENT STANDARDS: PO R-l
All development in Planning Area 30 shall conform to the development standards of the PQ
QF&WH R-l Zaar (Carlsbad Municipal Code, Chapter 344&&Q 21.10) unless otherwise noted
in this chapter.
USE ALLOCATION .
m 165 aiagk family residential units are allowed by the Growth Management Conuol Point (44 1.82 DWAC).
16
PERMI-ITED USES:
k&A-k&& six& w residential housing.
SITE DEVELOPMENT STANDARDS:
Heights:
The maximum height in this planning area shall not exceed 36 30 feet measured to the peak of the
highest roof. At least 15% of the dwelling unik shall have no more than one story (22 feet
measuredtot.hepeakoftheroof. m . .
Setbacks:
AlI buildings s shaIl be located a minimum of Se 35 feet from k&i+&+
Batiquitos Drive. The standard front yard setback shall be 20 feet In order to provide a variety
offrontyardsetbacksa minimumof32uniishalllha~24footsetbadrs. TI;,
y All setbacks within
the planning area shalI be in conformance with Section 244&W& 21.10 of the Carlsbad . . Municipal Code. 6
PAGE 189 PRESENTLY READS AS:
l A variation in suuctural heights shall be required to eliminate a walling effect from
I-5 and Pacific Rim Drive.
* Seong architectural relief features shall be incorporated into smtctures visible from
1-S and Pacific Rim Drive.
l Building in this neighborhood shall relate suongly to the sloping site and shall avoid
large flat pad areas by the incorporation of stepped building footprints.
+ Outdoor courtyards, patios, and plazas should be included whenever possible.
Enav Treatmea:
A major enuy feature shall be located along Pacific Rim Drive at the west entrance to the Master
Plan area. A neighborhood enuy element may be located on Pacific Rim Drive.
Fencb:
A solid wall or fence shall be located at the top of slope adjacent to Pacific Rim Drive. An open
fence shalI be located at the top of slope around the remaining development perimeter.
Landscane:
All community-wide landscape standards described in Section A, Community Design Elements of
Chapter IV shall be incorporated into this planning area. In addition, the following specific
landscape concepts shall be included in the development of this planning area:
17
t Views to and from the lagoon, I-5 and Pacific Rim Drive shall be preserved.
l Landscape screening of smmures shall be incorporated to soften the view of these
suucrures from the lagoon, I-S and Pacific Rim Drive.
l Common sueetscape areas shall conform to community requirements. Street trees,
landscape planting intensity zones, paving, entry monuments, irrigation systems,
walls. fences, lighting, etc., have been pre-determined to provide consistency in
design and quality.
l Berming and heavy landscaping shall be incorporated to screen ail open parking lots
from Pacific Rim Drive.
AMENDED PAGE 189 SHALL READ AS:
l A variation in sauctural heights-shall be required to eliminate a walling effect from
I-5 and JUikGn Batiquitos Drive.
* Strong architectural relief features shall be incorporated into suuctures visible from
I-5 and Ikt&&k Eatiquitos Drive.
l Building in this neighborhood shall relate suongly to the sloping site and shall avoid
large flat pad areas by the incorporation of stepped building tkx@+ts pads.
l
t Prior to the issuance of building permits, structural elevations shall be submitted for
review and approval by the Planning Director.
Ennv Treatment:
A major enuy feature shall be located along Ik&kUkn Batiquitos Drive at the west entrance to
the Master Plan area. A neighborhood entry element may be located on 64&i&k Batiquitos
Drive.
A solid wail or fence shall be located v adjacent to I&kkl?A Batiquitos Drive.
This wall/fence shall be dedgncd to incoxporate landscaped popouWnsets and other relief features.
An open fence shall be located at the top of slope around the remaining development perimeter.
Traffic noise abatg I-5 shall be requkd to be attenuated through the incorporation of good site
design and/or -barrim. The precise noise mitigationmeaswes shaUbedeterminedasaresult
ofanoisestudyhrthispIanniugurr.
All communiry-wide landscape standards described in Section A, Community Design Elements of
Chapter IV shall be incorporated into this planning area. In addition, the following specific
landscape concepts shall be included in the development of this planning area:
+ Views to and from the lagoon, I-5 and Pa&&&k EMiquk Drive shall be
preserved.
18
l Landscape screening of structures shall be incorporated to soften the view of these
smmures from the lagoon, I-S and k&k&~ Batiquitos Drive.
PAGE 190 PRESENTLY READS AS:
+ Berming and heavy landscaping shall be incorporated to screen all open parking lots
from Pacific Rim Drive.
l Where parking lots are provided, a minimum 320 square foot landscaped island shall
be provided for every ten parking spaces.
AMENDED PAGE 190 SHALL READ AS:
l
t
19
MlTIGATED NEGATIVE DECLARATION
PROJECX ADDRESS/LOCATION: The 247 acre project site is located north of Batiquitos Lagoon, south of Alga Road and immediately west of Aviara Phase 1.
PROJECT D-ON: (A.) Master Plan Amendment/Local Coastal Program Amendment to; (1) modify Planning Area boundaries for Planning Area’s 25, 26, 27 and
29, (2) change permitted product types from multi-family to single family within Planning
Area 26 and Planning Area 30, (3) modify Master Plan development standards and design
criteria within Planning Area’s 25, 26, 27, 28, 29 and 30, and (4) reduce maximum
dwelling unit potentials (from 569 DU’s to 475 DU’s) within Phase II of MP-177 while
increasing acreage of natural open areas. (B.) A 247 acre/l 1 lot master tentative map for
Phase II of Aviara Master Plan 177. (C.) Hillside Development Permit.
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 Mitigated 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 Mitigated Negative Declaration with supportive documents is on file in the
Planning Department, 2075 Las Palmas Drive, Carisbad, 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: Septanber 6,199O Planning Director
CASE NO: MP-177(A)/cT 89-37/HDP 90-2/LCPA 90-S
APPLICANT: AVfARA- PHASE11
PUBLISHDATE: SEPTEMBER6,1990
CDD:lh
2075 Las Palmas Drive * Carlsbad, California 92009-4859 l (619) 438-l 161
‘a .m ENVIRONM~ , , a-& IMPAm ASSESSMENT FORM -. -tiT II
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
BACKGROUND
CASE NO. MP-177(B)/HDP 90-02/CT 89-37/LCPA 90-5
DATE: Aurmst 27. 1990
1. CASE NAME: Aviara Phase II (MP-177(B)/CT 89-37/HDP 90-02/LCPA 90-S
2. APPLICANT: Aviara Land Associates Limited Partnership
3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2011 Palomar Aimort Road, Suite 206
Carlsbad. CA 92009
4. DATE EIA FORM PART I SUBMITTED: November 9. 1989
5. PROJECT DESCRIPTION: A. Master Plan Amendment/Local Coastal Pronram Amendment to; (I 1
modifv Planninn Area boundaries for Planninn Area’s 25.26.27 and
29. 12) change permitted Droduct tvDes from multi-family to single family within Planning Area 26 and
Planninn Area 30. (31 modifv Master Plan develoDment standards and desian criteria within Planninn Area’s
25. 26. 27, 28. 29 and 30. and (4) reduce maximum dwellinn unit ootentials (from 569 DU’s to 475 DU’sl
within Phase II of MP-177 while increasinn acreages of natural ooen areas.
B. A 247 acre/l 1 lot master tentative maD for Phase II of Aviara Master Plan 177.
C. Hillside DeveloDment Permit
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 tmpact Assessment appears in the following pages in the form of a checklist. This checklist
identifies any physical, biological and human factors rhat 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 sitificant effect on the environment. The project may qualify for a Negative
Declaration however, if adverse impacts are mitigated so rhat environmental effects can be deemed
insianificant. 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 DIRECTLY OR INDtRECTLY:
1. Result in unstable earth conditions or
increase the exposure of people or property
to geologic hazards?
2. Appreciably change the topography or any
unique physical features?
3. Result in or be affected by erosion of soils
either on or off the site?
4. Result in changes in the deposition of beach ’
sands, or modification of the channel of a
river or stream or the bed of the ocean or
any bay, inlet or lake?
5. Result in substantial adverse effects on
ambient air quality?
6. Result in substantial changes in air
movement, odor, moisture, or temperature?
7. Substantially change the course or flow of
water (marine, fresh or flood waters)?
8. Affect the quantity or quality of surface
water, ground water or public water supply?
9. Substantially increase usage or cause
depletion of any natural resources?
10. Use substantial amounts of fuel or energy?
11. Alter a significant archeological,
paleontological or historical site,
structure or object?
YES (sig) YES NO
(insig)
x -
x -
x
x
x
x
x
-2-
BIOLOGICAL ENVIRONMENT
WILL THE PROPOSAL, DIRECTLY OR INDIRECTLY:
12.
13.
14.
15.
16.
Affect the diversity of species, habitat
or numbers of any species of plants (including
trees, shrubs, grass, microflora and aquatic
plants)?
Introduce new species of plants into an area,
or a barrier to the normal replenishment of
existing species?
Reduce the amount of acreage of any
agricultural crop or affect prime, unique
or other farmland of state or local
importance?
Affect the diversity of species, habitat
or numbers of any species of animals (birds,
land animals, all water dwelling organisms
and insects?
Introduce new species of animals into an
area, or result in a barrier to the
migration or movement of animals?
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?
Fi S s’g
T-3 si S
NO
x
x
x
x
x
NO
x
x
-3-
A
HUMAN ENVIRONMENT
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?
Alter waterborne, rail or air traffic?
Increase traffic hazards to motor
vehicles, bicyclists or pedestrians?
Interfere with emergency response plans or
emergency evacuation plans?
Obstruct any scenic vista or create an
aesthetically offensive public view?
Affect the quality or quantity of
existing recreational opportunities?
IT sig S NO
x
x
x
-A-
-L
x
x
x
x
x
x
x
x
-4-
- 4
‘* I’
MANDATORY FINDINGS OF SIGNIFICANCE
WILLTHE PROPOSALDMECTLYORINDIRECTLY: YES
33.
34.
35.
36.
big)
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.
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.)
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.)
Does the project have environmental
effects which will cause substantial
adverse effects on human beings, either directly or indirectly?
Ei$j NO
x
x
x
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,’ DISCUSStON OF ENVlRONMENTAL EVALUATION
This project is a 247 acre Master Tentative Map (Aviara Phase II) and Master Plan Amendment for Aviara
Master Plan 177. The project site is characterized by a north-south trending ridge and valley with mature
eucalyptus groves, coastal sage scrub and disturbed agricultural areas upon it. The project will entail the
subdivision of the property into 11 parcels, and the grading of 158.9 acres of the site for the creation of
master residential pad areas and circulation corridors (ie. Batiquitos Drive, Kestrel Drive). Project specific
environmental impacts from future residential development upon the Phase II site will be evaluated as
applications for development are processed. For this environmental analysis, staff conducted several field trips
to the subject property and reviewed the Pacific Rim Country Club and Resort Master Plan Environmental
Impact Report (EIR 83-2(A)) which already covered this property. In that: (1) the proposed project site has
already been reviewed under the Master Plan EIR 83-2(A), (2) as designed, the project implements all
recommended mitigation measures of EIR 83-2(A), (3) the product type changes as proposed will be
compatible with surrounding existing or future land uses, (4) the project will either preserve in open space
or replace with comparable quality and acreage, the previously deed restricted coastal sage scrub habitat, and
(5) the project as proposed preserves an additional 16.7 acres of the project site in open space than originally
anticipated under MP-177, no environmental impacts are anticipated. There were no public comments
received in response to the Notice for a Conditional Negative Declaration.
Phvsical Environment
1.
2.
3.
4.
5.
The existing site includes four ancient landslide areas located within the northern portion of the
property (Planning Area’s 25 and 26). There are also alluvial and colluvial soils which are located on
site. Development of these areas shall require the implementation of corrective measures identified in
the Preliminary Geotechnical Investigation (San Diego Soils, 198s) for the subject property.
Grading of the project site consistent with the proposed tentative map would require considerable earth
movement 1,934,lOO cubic yards cut/2,029,800 cubic yards fill. Potential visual effects associated with
this grading shall be mitigated through conformance with the design guidelines and development
standards of the City’s Hillside Ordinance. Short term and long term visual impacts associated with
project landform modification can be mitigated through full hydroseeding and landscaping of
manufactured slopes.
Drainage and erosion control facilities (desiltation basins, rip rap dissipators, and terrace drains) will
be incorporated into the project to adequately reduce potential soil erosion impacts. The project shall
also be conditioned to richly landscape all manufactured slopes.
Potential erosion impacts to Batiquitos Lagoon will be adequately mitigated as discussed in response
#3 above.
Construction emission and fugitive dust generation impacts associated with project grading are
considered short term and insignificant. Dust generation can be adequately controlled through watering operations. As discussed in EIR 83-2(A), long term air quality impacts associated with future
development of housing upon this Phase II map area is considered significant. However, full mitigation
of this regional impact shall require that dependence upon the automobile be reduced regionally and
statewide.
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DISCUSSION OF ENVIRONMENTAL EVALUATION Icont’d]
6.
7.
8.
9.
10.
11.
12.
13.
14.
1s.
16.
In that no structural development is proposed at this time, impacts to air movement are not anticipated.
Air quality impacts from dust generation can be adequately controlled through watering operations
during project grading.
This project will not change the course or flow of water as no streams are located in the immediate area
and all drainage waters will be handled by proposed drainage facilities.
Development of this project (tentative map grading and road construction) will create impervious
surfaces which would reduce absorption rates and incrementally increase runoff velocities. However,
to accommodate this increased runoff, drainage facilities will be incorporated into this project and
future residential development upon the site, thereby mitigating this concern.
Implementation of the proposed project will incrementally contribute to the depletion of fossil fuels
during grading operations and other natural resources required for project roadways. This short term
incremental impact is not regarded as significant.
See #9 above.
All identified archaeological, paleontolog-ical and historical sites identified in the Master Plan EIR (EIR
83-2(A)) have already been mitigated.
The project site includes environmentally significant property which was placed under deed restriction by the California Coastal Commission upon approval of Master Plan 177. This proposal will encroach
into 11.16 acres of the protected habitat including 3.98 acres of sage scrub (45 acres dual criteria),
5.55 acres of Eucalyptus and 1.63 acres of disturbed land. However, as mitigation for this
encroachment, the project applicant is proposing to give back as deed restricted open space 11.16 acres
of habitat which is of higher quality including 5.75 acres of sage scrub, 3.54 acres of Eucalyptus and
1.87 acres of disturbed land.
No significant impacts to the abovementioned coastal sage scrub habitat are anticipated in that project
landscaping proposed adjacent to this habitat shall be required to be compatible and non-invasive.
As stipulated in MP-177, conversion of agricultural lands shall be permitted upon payment of
agricultural conversion fees. In accordance, the project applicant has already paid to the State Coastal
Conservancy agricultural mitigation fees required for the development of the project site.
As discussed in #12 above, the previously deed restricted coastal sage habitat (or comparable quality
habitat) will be maintained in open space. Accordingly, no significant impacts to habitat or species are
anticipated.
The project as proposed preserves in open space the majority of the previously deed restricted coastal
sage scrub habitat. In addition, the project preserves in open space 16.7 additional acres than
anticipated under MP-177. The addition of this open space in association with previously deed
restricted open space will function to provide adequate corridors for the movement of animals
throughout the project site.
DISCUSSION OF ENVIRONMENTAL EVALUATION (cont’d)
17. Development of this project will be consistent with the General Plan, Master Plan 177 (as amended)
and the Mello I and East Batiquitos Lagoon LCP’s (as amended). The land use changes proposed will
be internally compatible as well as being compatible with adjacent uses.
18. As discussed in the Zone 19 Local Facilities Management Plan, with the payment of all fees and the
implementation of all improvement conditions (ie. upgrading of the Batiquitos sewer pump station,
construction of Alga Road and Batiquitos Drive), all public facilities and services will be available to
meet the demands of all future developments proposed on the project site.
19. Although the Master Tentative Map and Master Plan Amendment does not propose any actual site or
product development, any subsequent dwelling unit construction on site shall not be permitted until
the Batiquitos Sewer Pump Station is upgraded.
20. Construction of the project (grading and road development) may result in short term insignificant
construction noise impacts upon surrounding existing and proposed residences. Otherwise, the future
residential uses on the subject property will be acoustically compatible with surrounding existing and
future residential uses. At the time that future residences are constructed upon the subject property,
traffic noise impacts from Alga Road shall be required to be mitigated.
21. Since grading and road construction do not produce light and glare effects, no impacts are anticipated.
Mitigation of light and glare associated with street lighting can be mitigated through the use of low
sodium lighting.
22. Grading of the project site and construction of associated roads is not anticipated to involve any
significant risks of explosion or release of hazardous substances.
23.
24.
2s.
26.
27.
28.
29.
Since no residential development is proposed at this time, no effect upon human population in the area
is anticipated.
No residential development upon the project site is proposed at this time. Impacts of providing future
housing upon the site will be evaluated when development proposals are processed.
Project construction traffic is not anticipated to be significant.
No parking impacts associated with grading and road development upon the site are anticipated.
No traffic impacts associated with grading and road development upon the site are anticipated.
The project site is outside of the Airport Influence Area for Palomar Airport.
No traffic hazard impacts to motor vehicles, bicyclists, or pedestrians are anticipated from grading and
road development upon the project site.
30. The project will not interfere with emergency response plans.
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DISCUSSION ‘bF ENVIRONMENTAL EVALUATION (co&d)
31. Grading of the subject property would result in a short-term significant but unavoidable visual impact.
This impact can, however, be mitigated through the following mitigation measures: (1) all
manufactured slopes shall be required to be fully hydroseeded and irrigated immediately following
rough grading, and (2) all manufactured slopes shall be required to be undulated and contour graded
consistent with the Hillside Development Ordinance.
32. AS proposed, the project will have no impact on existing recreational opportunities. Implementation
of this project will, however, ensure the preservation of 83.9 acres of natural open space areas.
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ANALYSIS OF VIABLE ALTERNATIVES TO THE PROPOSED PROJECT SUCH AS:
a) Phased development of the project,
b) alternate site designs,
c) alternate scale of development,
d) alternate uses for the site, e) development at some future time rather than now,
f) alternate sites for the proposed, and
g) no project alternative.
4
b)
c>
4
4
f>
g)
This project represents Phase II of Aviara Master Plan. In that there are major circulation corridors
that need to be constructed to tie this phase together (ie. Batiquitos Drive, Kestrel Drive),
processing as a single phase makes sense. It is important to note, however, that future
development of each of the six planning areas within this map will likely occur in six phases.
The project as proposed is designed consistent with the Aviara Master Plan Planning Area
conceptual site plans and the City’s Hillside Development Ordinance. The project will also preserve
additional site acreage in natural open space than originally anticipated under the existing Master
Plan. In summary, no alternate site designs would appear as environmentally superior.
The potential scale (number of dwelling units) of this project will be reduced from 569 DU’s to 475
DU’s with the approval of this Master Plan Amendment.
Any change of land use upon the subject property would necessitate a Master Plan Amendment and
a General Plan Amendment. In that this project would result in the future development of low
density residential (less than 2 DU/Acre), it is regarded as an environmentally preferable
alternative.
The project will result in the rough grading of Phase II (Planning Area’s 25-30) of Master Plan 177.
Actual development within each of these neighborhoods will necessitate that separate applications
are processed and that public facilities are available concurrent with need. In accordance with
these requirements, this project will likely be developed in increments and over time.
The project is proposed in a Master Plan area for which an EIR has already been certified (EIR 83-
2(A)). As discussed in this EIR, this site is regarded as the environmentally preferable one for the
proposed project.
The “no project” alternative is not in conformance with the General Plan/Master Plan designation
for the property. Hence, it is not regarded as environmentally preferable.
-lO-
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DETERMINATibN (To Be Completed By The Planning Department)
On the basis of this initial evaluation:
- I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATNE
DECLARATION will be prepared.
x I find that although the proposed project could have a significant effect on the environment, there will
not be a significant effect in this case because the mitigation measures described on an attached
sheet have been added to the project. A Conditional Negative
Declaration will be proposed.
- I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
.?I 1-i < I *-- -’ ” . .j I _*’ ,’ / , I,’ ‘. -
Date Signature
CDC:rvo
LIST MITIGATING MEASURES (IF APPLICABLE)
1.
2.
3.
4.
5.
Prior to the issuance of any building permits within any Planning Areas of CT 89-37, all geotechnical and soils corrective measures identified in the Geotechnical Investigation of the property (ICG, 1990)
shall be required to be implemented.
All manufactured slopes greater than 2’ in height shall be required to be fully hydroseeded and irrigated
immediately following project rough grading. All manufactured slopes adjacent to coastal deed
restricted habitat areas shall be required to be vegetated with similar native species. Prior to the
issuance of a grading permit, a landscape and irrigation plan (which includes a time line for
implementation) shall be submitted for review by the Planning Director.
Prior to the issuance of a grading permit, all “Give Back’ areas shall be required to be placed under a
deed restriction which prohibits any encroachment for development into those areas in perpetuity.
This project is approved subject to the condition that no project grading shall be permitted during the
Black Tailed Gnatcatcher breeding season (March 1 - June 1).
All deed restricted habitat areas shall be required to be staked and flagged in the field by a certified
biologist prior to the issuance of grading permits. All deed restricted areas shall be required to be
clearly demarcated on all project grading plans.
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APPLICANT CONCURRENCE WITH MITIGATING MEASURES
THIS IS TO CERTtFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES
AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT.
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PLANNING COMMISSION RESOLUTION NO. 3150
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A
MITIGATED NEGATIVE DECLARATION FOR A MASTER PLAN
AMENDMENT/LOCAL COASTAL PROGRAM
AMENDMENT/MASTER TENTATIVE TRACT MAP/HILLSIDE
DEVELOPMENT PERMIT OVER PHASE II OF THE AVIARA
MASTER PLAN.
APPLICANT: AVIARA PHASE II
CASE NO.: MP-177(B)/LCPA 90-S/CT 89-37/HDP 90-2
WHEREAS, the Planning Commission did on the 19th day of December, 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 September 6, 1990, and “PII”, dated August 27, 1990, attached hereto and
made a part hereof, based on the following findings:
Findinns:
1. The initial study shows that there is no substantial evidence that the project may have a
significant impact on the environment provided that mitigating conditions of approval are
complied with.
2. The streets are adequate in size to handle traffic generated by the proposed project.
3. The proposed project site has already been reviewed under Master Plan EIR 83-2(A) and
as designed, the project implements alI recommended mitigation measures of said EIR 83-
2@).
4. The project will either preserw in open space or replace with comparable quality and
acreage, the previously coastal deed restricted habitat areas.
A
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Conditions:
1.
2.
3.
4.
5.
6.
7.
Prior to the release of grading bonds for CT 89-37, all geotechnical and soils corrective
measures identified in the Geotechnical Investigation of the property (ICC, 1990) shah be
required to be implemented.
All manufactured slopes (excluding revegetation slope area 10 within PA-28) as shown on
Exhibits “I” - X, dated November 9,1990, shall be required to be landscaped consistent
with the Habitat Enhancement Plan included within these same Exhibits. A detailed
Habitat Enhancement Landscape and Irrigation Plan (which includes a timeline for
implementation) shah be submitted and approved by the Planning Director prior to the
issuance of grading permits. The Habitat Enhancement Landscaping shall be required to
be initiated immediately following rough grading of each of these graded areas. Prior to
the issuance of a grading permit, a Habitat Enhancement Landscaping bond shah be
required to be posted with the City. Prior to the revegetation of slope area 10 within
Planning Area 28, this slope shall be required to be contoured and undulated through
subsequent discretionary actions (tentative maps) subject to the approval of the Planning
Director.
Prior to the issuance of a grading permit, all “Give Back” areas (as shown on Attachment
“A”) and other project open space areas shall be required to be placed under a deed
restriction which prohibits any encroachment for development into those areas in
perpetuity.
This project is approved subject to the condition that no project grading shah be permitted
during the Black Tailed Gnatcatcher breeding season (March 1 - June 1). Any
modifications to grading restrictions shah be subject to approval of the City and be based
on the prior approval of the California Coastal Commission in consultation with the
Department of Fish and Game and U.S. Fish & Wildlife Service.
All deed restricted habitat areas shah be required to be staked and flagged in the field by
a certified biologist prior to the issuance of grading permits. All deed restricted areas shall
be required to be clearly demarcated on all project grading plans.
All “Give Bach” areas that are adjacent to Coastal Sage Scrub habitat shah be required to
be fully landscaped with similar native species. Prior to the issuance of a grading permit,
a landscape and irrigation plan for these areas shah be submitted for review by the
Planning Director.
Prior to the recordation of the first final map, the appka.nt shall enter into a third party
agreement with the City to contract with an environmental consultant, paid by the
applicant, to provide a monitoring program for the mitigation measures required by the
tentative map and environmental impact report The program shall include specific
monitoring activities, a reporting system, and criteria for evaluating the success of the
mitigation measures.
. . . . .
PC RESON0.3150 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 19th day of December, 1990, by the
following vote, to wit:
AYES: Chairperson Schramrn, Commissioners. * Schlehuber, Holmes, Erwin, Marcus
& Hall.
NOES: None.
ABSENT: Commissioner McFadden.
ABSTAIN: None.
%5ih Yaw-u
SHARON SCHRAMM, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
PLANNING DIRECTOR
PC RESO NO. 3150 -3-
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PLANNING COMMISSION RESOLUTION NO. 3151
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF
MASTER PLAN 177(B) TO AMEND EXISTING MASTER PLAN 177
TO MODIFY PLANNING AREA BOUNDARIES AND REVISE
DEVELOPMENT STANDARDS FOR RESIDENTIAL PLANNING AREAS
25,26,27,28,29 AND 30 AND TO CHANGE PERMI-ITED PRODUCT
TYPES FROM MULTIPLE FAMILY TO SINGLE FAMILY WITHIN PLANNING AREAS 26 AND 30 ON PROPERTY GENERALLY
LOCATED IMMEDIATELY NORTH OF BATIQUITOS LAGOON,
SOUTH OF ALGA ROAD AND WEST OF AVIARA PHASE I.
CASE NAME: AVIAR4 PHASE II
CASE NO.: MP 177(B)
9
WHEREAS, a verified application for certain property to wit:
10
Portion of Sections 22,26,27,28, 33 and 34 in Township 12 south,
Range 4 west, in the City of Carlsbad.
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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 2 1 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of December, 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 Master Plan Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as
follows:
A)
B)
That the above recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of MP 177(B) according to Exhibit “x”, attached hereto and made a part hereof,
based on the following findings and subject to the following conditions:
25 Findings:
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1. The proposed Master Plan Amendment is consistent with the intent and purposes of the
original Master Plan 177.
, I
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2.
3.
4.
5.
-.
This Master Plan Amendment is consistent with the City of Carl&ad’s General Plan and with
Section 2138.120 of Title 21, which regulates amendments of Master Plans.
As dkussed in the staff report, the amended development standards of the Master Plan will
ensure compliance with all existhg City ordinances and policies.
As dkussed in the staff repor& the proposed product type changes are compatible with
suxrounding uses and will result in a more balanced mix of product types within the Master
Plan and City.
This project will not cause any significant environmental impacts and a Mitigated Negative
Declaration has been issued by the Planning Director on September 6, 1990, and
RECOMMENDED FOR APPROVAL by the Planning Co mmission on December 19,199O. In
recommending approval for this Mitigated Negative Declaration, the Planning Commission
has considered the initial study, the staff adysis, all required mitigation measures and any
written commeuts received regarding significant effects this project could have on the
l?IlVkOlUlEIlt.
Conditions:
1. Approval is granted for MP 177(R) as shown on Attachment Y”, dated December 19,1990,
incorporated by reference and on file in the Planning Department All conditions of MP 177
and of PC Resolution No. 2594 are hereby incorporated except as modified by this
resolution
2. Approval is granted for MP 177(R) subject to the approval of the California Coastal
Commission consistent with this Amendment Any amendment revisions mandated by the
califomiacoastalGxllmki on shall require subsequent approval by the City of Carlsbad’s
Planning Director.
3.
4.
Approval of MP 177(B) is granted subject to approval of LCPA 90-S.
MP 177(B) is approved subject to the condition that the project applicant submit 20 copies
of the Master Plan text changes to the Planning Department within two weeks (14 days)
of final approval by the California Coastal Commission
. . . .
?C RESO NO. 3151
- A
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 19th day of December, 1990, by the
following vote, to wit:
AYES: Chairperson Schramm, Commissioners: Schlehuber, Holmes, Erwin, Marcus
& Hall.
NOES: None.
ABSENT: Commissioner McFadden.
ABSTAIN: None.
AlTEST:
MICHAEL J. HOLZMILYER
PLANNING DIRECTOR
PC RESO NO. 3151
SHARON SCHRAMM, chairperson
CARLSBAD PLANNING COMMISSION
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. ’ EXHBIT “X”
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING ORDINANCE NO. 9839AND
MASTER PLAN 177 TO ALLOW CHANGES IN THE PLANNING
AREA BOUNDARIES AND DEVELOPMENT STANDARDS FOR
PLANNING AREAS 25, 26,27, 28,29 AND 30 AND TO CHANGE
PERMITTED PRODUCT TYPES FROM MULTI-FAMILY TO SINGLE
FAMILY WITHIN PLANNING AREAS 26 AND 30. THE PROPERTY
IS LOCATED ON THE NORTH SHORE OF BATIQUITOS LAGOON,
SOUTH OF ALGA ROAD AND WEST OF AVIARA PHASE I.
APPLICANT: AVIARA PHASE II
CASE NO: MP 177(B)
The City CounciI of the City of CarIsbad, California does ordain as follows:
SECTION 1: That Ordinance No. 9839, and Master Plan 177 adopted thereby, is
hereby amended.
SECTION 2: That the findings of the Planning Commission contained in Resolution
No. 3151 constitute the findings of the City Council in this matter.
SECTION 3: That amended Master Plan 177(B) is approved subject to all
applicable requirements of the Carlsbad Municipal Code and to the satisfaction of the conditions
imposed by previous approvals of said plan.
SECTION 4: That Master Plan 177, dated November 4, 1977 as adopted by
Ordinance No. 9839 is hereby amended as shown on the documents marked Attachment ‘r’ to
Ordinance No. attached hereto and made a part thereof. Except for said amendments,
Ordinance No. 9839 and the Master Plan (MP 177) and ah the terms and conditions thereof shall
remain in full force and effect.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption,
and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at
least once in the Carlsbad Journal within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Cadsbad City Council
held on the -dayof- 1990, and thereafter
- h - h
1 , 1 ,
PASSED AND ADOPTED at a regular meeting of said City Council held on _ day PASSED AND ADOPTED at a regular meeting of said City Council held on _ day
1 1 of of , 1990, by the following vote, to wit: , 1990, by the following vote, to wit:
2 2 AYES: AYES: 3 3
NOES: NOES: 4 4
5 5 ABSENT: ABSENT:
6 6
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a 8 APPROVED AS TO FORM AND LEGALITY APPROVED AS TO FORM AND LEGALITY
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12 12 VINCENT F. BIONDO, JR., City Attorney VINCENT F. BIONDO, JR., City Attorney
13 13
14 14 CLAUDE A. LEWIS, Mayor
15 15 ATTEST: ATTEST:
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18 18 ALETHA L. RAUTENKRANZ, City Clerk ALETHA L. RAUTENKRANZ, City Clerk
19 l9 c-u c-u
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PLANNING COMMISSION RESOLUTION NO. 3152
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
LOCAL COASTAL PROGRAM AMENDMENT (LCPA 90-5) TO AMEND
THE EXISTING LOCAL COASTAL PROGRAM TO MODIFY PLANNING
AREABOUNDARIESAND REVISE DEVELOPMENTSTANDARDS FOR
RESIDENTIAL PLANNING AREAS 25,26, 27, 28, 29 AND 30, AND TO CHANGE PERMITTED PRODUCT TYPES FROM MULTIPLE
FAMILY TO SINGLE FAMILY WITHIN PLANNING AREAS 26 AND 30
TO ENSURE CONSISTENCY BETWEEN THE GENERAL PLAN,
MASTER PLAN 177 AND THE LCP, ON PROPERTY GENERALLY
LOCATED NORTH OF BATIQUITOS LAGOON, SOUTH OF ALGA ROAD AND WEST OF AVIARA PHASE I.
LCPA 90-S - AVIARA PHASE II
WHEREAS, California State Law requires that the Local Coastal Program, General
Plan, and Zoning for properties in the Coastal Zone be in conformance; and
WHEREAS, MP-177 constitutes the zoning for the Aviara Master Plan; and
WHEREAS, a verified application for an amendment to the Pacific Rim Country Club
and Resort (Aviara) Master Plan (MP-177) Local Coastal Plan has been filed with the Planning
Department; and
WHEREAS, said verified application constitutes a request for an amendment as
provided in Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the amendment to the Master Plan necessitates an amendment to the
Local Coastal Program (LCP) to ensure conformance between the regulatory documents; and
WHEREAS, the City in compliance with State Administrative regulations opened a
six week public review for the proposed LCP amendment; and
WHERF,A!S, the Planning Commission of the City of Carlsbad, on December 19,199O
held a public hearing to consider the recommendations and heard all persons interested in or
opposed to Local Coastal Program Amendment LCPA 90-S; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the
City of Carlsbad, California, as follows:
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1. That the above recitations are true and correct.
2. That the proposed LCP amendment is consistent with the proposed Master
Plan Amendment No. MP-177(B)
3. That, because the Pacific Rim Country Club & Resort Master Plan (Aviara)
is the implementing ordinance of the Local Coastal Program, the findings and conditions of
Planning Commission Resolution No. 3151, incorporated herein by reference constitute the findings
of the Planning Commission in this matter, and the amendment to the Local Coastal Program, LCPA
90-5, is hereby recommended for APPROVAL.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 19th day of December, 1990, by the
foI.Iowing vote, to wit:
AYES: Chairperson Schramm, Commissioners: Schlehuber, Holmes, Erwin,
Marcus & Hall.
NOES: None.
ABSENT: Commissioner McFadden.
ABSTAIN: None.
CARLSBAD PLANNING COMMISSION
ATTEST:
PLANNING DIRECTOR
PC RESO NO. 3152 -2-
PLANNING COMMISSION RFSOLUTION NO. 3153
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD,
2 CALIFORNIA, RECOMMENDING APPROVAL OF A MASTER TENTATIVE TRACT
MAP FOR AVIARA PHASE II ON PROPERTY GENERALLY LOCATED NORTH OF
3 BATIQUITOS LAGOON, SOUTH OF ALGA ROAD AND WEST OF AVIARA PHASE I.
CASE NAME: AVIARA PHASE II 4 CASE NO.: CT 89-37
5 WHEREAS, a verified application for certain property to wit:
6 Portion of Sections 22,26,27,28,33 and 34 in Township 12 south, Range 4 west,
7 in the City of Carlsbad
8 has been filed with the City of Carlsbad and referred to the Planning Commission; and
9 WHEREAS, said verified application constitutes a request as provided by Title 21 of the
10 Carlsbad Municipal Code; and
11 WHEREAS, the Planning Commission did, on the 19th day of December, 1990, hold a duly
12 II noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows:
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 89-37, based on the following findings and subject to the following
conditions:
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1. The project is consistent with the City’s General Plan and MP-177 since the maximum
permitted density of 1.95 du’s/acre is within the density range of O-4 du’s/acre specified
for the site as indicated on the Land Use Element of the General Plan, and is at or below
the growth control point of 3.2.
2. The site is physically suitable for the type and density of the development permitted
through Master Plan 177.
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The Planning Commission has, by inclusion of an appropriate condition to this project,
ensured that the final map will not be approved unless the City Council finds that sewer
service is available to serve the project. In addition, the Planning Commission has added
a condition that a note shall be placed on the final map that building permits may not be
issued for the project unless the City Engineer determines that sewer service is available,
and building cannot occur within the project unless sewer service remains available, and
the Planning Commission is satisfied that the requirements of the Public Facilities Element
of the General Plan have been met insofar as they apply to sewer service for this project.
School fees will be paid to ensure the availability of school facilities in the Carlsbad
School District.
Park-in-lieu fees are required as a condition of approval.
All necessary public improvements have been provided or will be required as 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.
Proposed future residential projects are compatible with the surrounding future land uses
since surrounding properties are designated for residential/open space development 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 September 6, 1990 and
RECOMMENDED FOR APPROVAL by the Planning Commission on December 19, 1990.
In approving this Negative Declaration the Planning Commission has considered the initial
study, the staff analysis, all required mitigation measures and any written comments
received regarding the significant effects this project could have on the environment.
The applicant is by condition, required to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
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.
This project was subject to Chapter 21.95 of the Carlsbad Municipal Code (Hillside
Ordinance) and meets all the requirements of that Chapter to ensure the sensitive
treatment of the City’s hillside resources.
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13. The Master Tentative Tract Map, CT 89-37, satisfies all requirements of the Subdivision
Ordinance and the State Map Act
14. As d&cussed in the staff report, this project adequately mitigates encroachment into coastal
deed restricted areas.
15. The project, CT 89-37, is in compliance with the underlying Mello I and East Batiquitos
Lagoon Local Coastal Programs.
Conditions:
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Approval is granted for CT 89-37, as shown on Exhibit(s) “A” - “Z”, dated November 9,
1990, incorporated by reference and on file in the Planning Department. Development
shall occur substantially as shown unless otherwise noted in these conditions.
The developer shall provide the City with a reproducible 24” x 36”, mylar copy of the
Tentative Map as approved by the Planning Commission. The Tentative Map shall reflect
the conditions of approval by the City. The Map copy shall be submitted to the City
Engineer prior to building, grading or improvement plan submittal, whichever occurs first.
A 500’ scale map of the subdivision shall be submitted to the Planning Director prior to
the recordation of the final map. Said map shall show all lots and streets within and
adjacent to the project.
This project is approved upon the express condition that the final map shall not be
approved unless the City Council finds as of the time of such approval that sewer service
is available to serve the subdivision.
This project is also approved under the express condition that the applicant pay the public
facilities fee adopted by the City Council on July 28, 1987 and as amended from time to
time, and any development fees established by the City Council pursuant to Chapter 21.90
of the Carlsbad Municipal Code or other ordinance adopted to implement a growth
management system or facilities and improvement plan and to fulfill the subdividers
agreement to pay the public facilities fee dated November 6,1989, a copy of which is on
file with the City Clerk and is incorporated by this reference. If the fees are not paid this
application will not be consistent with the General Plan and approval for this project will
be void.
The applicant shall pay park-in-lieu fees to the City, prior to the approval of the final map
as required by Chapter 20.44 of the Carlsbad Municipal Code unless previously excluded
by the Parks Agreement between the City and Aviara Laud Associates dated June 1,1989.
The applicant shall provide school fees to mitigate conditions of overcrowding as part of
building permit application. These fees shall be based on the fee schedule in effect at the time of building permit application. All or a portion of said fees may be waived subject
to the approval of the Carl&ad Unified School District
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8. 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.
9. This project shall comply with all conditions and mitigation required by Master Plan 177
and 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 Plans made prior to the issuance of building permits.
10. If any condition for construction of any public improvements or facilities, or the payment
of any fees in lieu thereof, imposed by this approval or imposed by law on this project are
challenged this approval shall be suspended as provided in Government Code Section
65913.5. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
11. 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.
12. Approval of CT 89-39 is granted subject to the approval of MP-177(B), LCPA 90-5, HDP
90-2.
13. The applicant shall annex the Aviara Phase II open space areas into the Aviara Master
homeowner’s association prior to final map approval.
14. The applicant shall prepare a detailed manufactured slope 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.
15. A master plan of the existing onsite trees shall be provided to the Planning Director as part
of the final grading plan to determine which trees shall be required to be preserved prior
to the issuance of a grading permit or a building permit, whichever occurs first.
16. All landscaped areas shall be maintained in a healthy and thriving condition, free from
weeds, trash, and debris.
17. Existing onsite trees shall be retained wherever possible and shall be trimmed and/or
topped. Dead, decaying or potentially dangerous trees shall be approved for removal at
the discretion of the Planning Department during the review of a Master Plan submitted
showing existing onsite trees. Those trees which are approved for removal shall be
replaced on a tree-for-tree basis as required by the Planning Department.
18. 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.
19. Preliminary slope landscape plans shall be submitted.
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All landscape plans shall be prepared to conform with the Landscape Guid&ines Manual
and submitted per the landscape plan check procedures on file in the Planning
Department.
Landscape plans shall be designed to minimize water use. Lawn and other ‘zone 1 plants
(see Landscape Guidelines Manual) shall be limited to areas of special visual importance
or high use. Mulches shall be used and irrigation equipment and design shall promote
water conservation.
All herbicides shall be applied by applicators licensed by the State of Califbnia.
The applicant shall pay a landscape plan check and inspection fee as requir’ed by Section
20.08.050 of the Carlsbad Municipal Code.
A landscape mitigation plan for the removal of mature trees shall be submitted for
approval by the Planning Director prior to the issuance of grading permits.
As part of the plans submitted for building permit plan check, the applicant 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.
All conditions of Mitigated Negative Declaration Resolution No. 3150 are incorporated
herein by reference.
Prior to final map approval for CT 89-37, the project applicant or their successor in
interest shall enter into an agreement with the City to provide the Aviara Master Plan’s
proportional share of the Ciws total obligation for very low, low and moderate income
housing units.
This project is approved subject to the condition that the on-site scenic trail be constructed
by the Master Developer (Aviara Land Associates) concurrent with the development of
each of the individual planning areas in proximity to the trai.L
The proposed permanent desiltation basin/detention basin within Planning Area 28 shall
be required to be landscaped subject to the review and approval of the Planning Director.
(1) Prior to issuance of a grading permit the developer should present a letter to the City
of Carlsbad indicating that a qualified paleontologist has been retained to cany out
the resource mitigatior~ (A qua.li&d paleontologist is defined as an individual with
a MS or PhD in paleontology or geology and who is familk with paleontological
procedures and techniques.)
(2) A qualified paleontologist should be at the pregrade meeting to consult with the
gmliug and excavation contractors.
PC RESO NO. 3153 -5-
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(3) A paleontological monitor should be onsite at all times during the original cutting
of previously undistubed sediments of the Santiago Formation, Del Mar Formation,
and Pleistocene marine terrace deposits to inspect cuts for fossils. (A paleontological
monitor is defined as an individual who has expetrience in the collection and salvage
of fossil materials. The paleontological monitor should work under the direction of
a qualified paleontologist.)
(4) In the event that well-preserved fossils are discovered, the paleontologist (or
paleontological monitor) should be allowed to temporarily direct, divert, or halt
grading to allow recovery of fossil remains inatimelymanner. Becauseofthe
poteutial for the recovering of small fossil remains such as isolated teeth, it may be
necessarytosetupa screen-washing operation on the site.
(5) Fossil remains collected during this salvage program, with the own&s permission,
should be deposited in a scientific institution with paleontological collections such
as the San Diego Natural History Museum.
(6) Following completion of the above conditions, a summary report of findings
(includiug a list of fossiliferous localities, a map showing localities, and copies of
pertinent field notes) should be turned in to the City of Carlsbad.
Entieerinsf Conditions:
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This project is located within the Mello I and the East Batiquitos Lagoon Local Coastal
Plans. All development design shall comply with the erosion control, drainage, and
grading requirements of that plan.
Unless a standard variance has been issued, no variance from City Standards is authorized
by virtue of approval of this tentative map.
The developer shall comply with all the rules, regulations and design requirements of the
respective sewer and water agencies regarding services to the project.
The developer shall be responsible for coordination with S.D.G.&E., Pacific Telephone, and
Cable TV authorities.
This project is approved specifically as 1 (single) unit for recordation purposes.
All concrete terrace drains shall be maintained by the property owner. A note to this
effect shall be placed on an additional map sheet on the final map.
Approval of this tentative tract map shall expire twenty-four (24) months from the date
of City Council approval unless a final map is recorded. An extension may be requested
by the applicant. Said extension shall be approved or denied at the discretion of the City
Council. In approving an extension, the City Council may impose new conditions and may
revise existing conditions pursuant to Section 20.12.110(a)(2) Carlsbad Municipal Code.
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Prior to approval of the final map the developer shall enter into an agreement with the
City to pay any drainage area fees established as a result of the forthcoming Master
Drainage Plan Update.
The owner of the subject property shah execute a hold harmless agreement regarding
drainage across the adjacent property prior to approval of the final map for this project.
The applicant shah agree to utihze reclaimed water, if available, in Type I form, on the
subject property in ail common areas as approved by the City Engineer. Reclaimed water,
as defined in Section 1305(n) of the Porter-Cologne Water Quality Act (Water Code
Section 13020 et.seq.), means water which, as a result of treatment of wastewater, is
suitable for a direct beneficial use or controhed use that would not otherwise occur.
The subject property is within the boundaries of Assessment District No. 88-l (Alga Road).
Upon the subdivision of land within the district boundaries, the subdivider may pass
through assessments to subsequent owners & if the subdivider has executed a Special
Assessment district Pass-Through Authorization Agreement Said agreement contains
provisions regarding notice to potential buyer of the amount of the assessment and other
provisions and requires the subdivider to have each buyer receive and execute a Notice of
Assessment and an Option Agreement In the event that the subdivider does not execute
the Author&&ion Agreement, the assessment on the subject property must be paid off in
full by the subdivider prior to anv subdivision of the land.
As required by State law, prior to the recordation of a final map over any of the subject
property, an application for segregation of assessments must be submitted for all
subdivided lots. By applying for a segregation of assessments, the subdivider agrees to pay
the fee to cover the costs associated with the segregation A segregation is not required if the subdivider pays off the assessment on the subject property prior to the recordation
of the final map. In the event a segregation of assessments is not recorded and property
is subdivided, the full amount of assessment will appear on the tax bills of & new lot.
No grading permits shall be issued for this subdivision prior to recordation of the final
map unless otherwise approved by the City.
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 include topsoil preserva tion and rollback and redisking on cut/fill
slopes proposed for native revegetation to ensure stability and growth subject to the
approval of the City Engineer and Planning Director. The topsoil shall be rolled back to
a depth of six inches from approved areas. The soils shall be stockpiled on-site and
protected against erosion to the satisfaction of the City JCngineer and Planning Director.
Prior to issuance of the grading permit temporary runoff control devices shall be placed
along the lagoon buffer to the satisfaction of the City Engineer.
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The developer shall obtain a grading permit prior to the commencement of any clearing
or grading of the site.
Upon completion of grading, the developer shall ensure that an “as-graded” geologic plan
be submitted to the City Engineer. The plan shall clearly show all the geology as exposed
by the grading operation, all geologic corrective measures as actually constructed and must
be based on a contour map which represents both the pre and post site grading. This plan
shall be signed by both the soils engineer and the engineering geologist. The plan shall
be prepared on a mylar or similar drafting film and shall become a permanent record.
No grading shall occur outside the limits of the subdivision unless a grading or slope
easement is obtained from the owners of the affected properties. If the developer is
unable to obtain the grading or slope easement, he must either amend the tentative map
or change the slope so grading will not occur outside the project site in a manner which
substantially conforms to the approved tentative map as determined by the City Engineer
and Planning Director. A copy of these easements shall be submitted to the City prior to
the sale of any of these lots or prior to submittal of a grading plan, whichever occurs first.
A separate grading plan shall be submitted and approved and a separate grading permit
issued for the borrow or disposal site if located within the city limits.
Prior to hauling dirt or construction materials to any proposed construction site within this
project the developer shall submit to and receive approval from the City Engineer for the
proposed haul route. The developer shall comply with all conditions and requirements the
City Engineer may impose with regards to the hauling operation.
The developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance with
the Carlsbad Municipal Code and the City Engineer. Reference Chap 11.06.
The developer shall construct desiltation/detention basins of a type and size and at
locations as approved by the City Engineer. The developer shall enter into a desiltation
basin maintenance agreement and submit a maintenance bond satisfactory to the City
Engineer prior to the approval of grading, building permit or final map which ever occurs
first for this project. Each desiltation basin shah 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.
Additional drainage easements and st~ctures may be required prior to the issuance of
grading permit. Draiuage structures shall he installed prior to issuance of building pennit
as may be required by the City Engineer
All utility lines shall be sized to allow maximum development in each planning area as
specified in MP-177(B).
The developer shall design and install any checkdams as required by the City Engineer.
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The developer shah place the following note on a separate sheet of the final map for Lots
3and4:
Geotechnical Caution:
The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise
through any geological failure, ground water seepage or land subsidence and subsequent
damage that may occur on, or adjacent to, this subdivision due to its construction,
operation or maintenance.
Any encroachment throughout construction into deed restricted or undisturbed open space
for the purpose of grading will require an amendment to the tentative map and approval
of the California Coastal Commissi on. A note to this effect shall appear on the final
grading Ph
Prior to the commencement of any grading activities, the developer shall fence off the deed
restricted and undisturbed open space to the satisfaction of the City Engineer and the
Planning Director. A note to this effect shall appear on the final grading plans.
The final geotechnical recommendations and stability calculations may be subject to a
third party review paid for by the developer.
The developer shall install monitoring devices during buttress construction near existing
structures. These monitoring devices shall act as an early warning should the ancient
landslides begin to move. A note to this effect shall appear on the grading plan
During buttress excavation, sufficient soils shall be available within a “short-haul” distance
to quickly refill the buttress after the slideplane is exposed. A note to this effect shall
appear on the grading plan
The developer shah 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.
Lot 5 and Lot 6 shall be connected by a public street other than Batiquitos Drive as
indicated on the tentative map. A note to this effect shall be placed on an additional map
sheet on the final map per the provisions of Sections 66434.2 and 66445 of the
Subdivision Map Act
Lot 11, an open space lot shall be deeded over to the Aviara Resort Association concurrent
with final map recordation per the agreement between the developer and the Aviara
Resort Association Lot 11 is a non-buildable lot. A note to this effect shall be placed on
an additional map sheet on the final map per the provisions of Sections 66434.2 and
66445 of the Subdivision Map AcL
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Lot 10 is for public utility purposes only. A note to this effect shall be placed on an
additional map sheet on the &al map per the provisions of Sections 66~+$~! and 66445
of the Subdivision Map Act.
Emergency access to Daisy Avenue shall be provided from Lot 8. A note to this effect shall
be placed on an additional map sheet on the final map per the provisions of Sections
66434.2 and 66445 of the Subdivision Map Act. The security gate shall be located at the subdivision boundary and be provided with “knox” key operated override switch, as
tspecSed by the Fire Department. The design of the gate shall be subject to the approval
of the Fire Marshal and the Planning Director.
Direct access rights for all lots abutting Alga Road, Batiquitos Drive and Kestrel Drive
except those entrances for ingress and egress as noted on the tentative map, shall be
waived on the final map.
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.
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. Full street improvements for Kestrel Drive and Batiquitos Drive within the
subdivision.
B. Irrigation systems to accommodate reclaimed water shall be designed consistent
with Title 17 of the California Administrative Code. This system shall be installed
to the approved entrances of each Planning Area to minimize future street
excavation.
C. 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.
D. Batiquitos Drive offsite to the west to full secondary arterial standards to the
improved section of existing Batiquitos Drive. An AC median may be provided in
lieu of a landscaped median.
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E. Landscape and provide irrigation for onsite median in Batiquitos Drive to the
satisfaction of the Planning Director and the City Engineer.
A note to this effect shall be placed on an additional map sheet on the final map per the
provisions of Sections 66434.2 and 66445 of the Subdivision Map Act.
Improvements listed above shall be constructed within 18 months of final map approval
and/or improvement plan approval.
Some improvements show 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 G&bad Municipal Code.
All utilities inchtding but not limited to, water, electric, cable T.V., storm drain, sewerline
and Pacific Telephone shah be designed and installed to the approved entrances to each
of the Planning Areas to limit future asphalt cuts.
Prior to the issuance of building permits for lots created in the further subdivisions of Lots
3 and 4, a deed disclosure shall be placed on the deed to these properties. This deed shall
be worded to the satisfaction of the City Engineer, Planning Director and City Attorney.
The deed shall contain wording notifying all interested parties and successors in interest
that soils and geologic conditions exist on such property requiring remedial measures
specified in geotechnical and soils reports submitted for this project and that these soils
and geotechnical reports and other project details are on file with the City of Carlsbad
Planning Department. The developer has been conditioned to comply with such remedial
measures and certifies that it (developer) has complied with said measures.
Lot1Osha.hberenumberedLot1andLot11shauherenumheredLot2. KestrelDrive
and Batiquitos Drive are dedications for public streets and therefore shah not have lot
numbers. These changes shah be shown on the approved tentative map mylar.
Fire Conditions:
76. Additional public and/or onsite fire hydrants shall be provided if deemed necessary by the
Fire Marshal.
77. The applicant shall submit two (2) copies of a site plan showing locations of existing and
proposed fire hydrants and onsite roads and drives to the Fire Marshal for approval prior
to issuance of a building permit.
78.
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An ah-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.
80. Proposed security gate systems shall be provided with “Knox” key operated override switch,
as specified by the Fire Department.
PC RESO NO. 3153 -ll-
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Fire retardant roofs shall be required on all structures.
Brush clearance shall be maintained according to the specifications contained in the City
of Carlsbad Landscape Guidelines Manual. Applicant will be required to submit a
landscape plan which conforms to fire suppression requirements of City Landscape Guide
prior to approval of site improvement plans.
83. 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.
84. Building exceeding 10,000 sq. ft. aggregate floor area shall be sprinklered.
Water Diskt Conditions:
85. Prior to final map approval, 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.
86. The developeis engineer shall schedule a meeting with the District Engineer and the City
Fire Marshal and review the preliminary water system layout prior to preparation of the
water system improvement plans.
87. The developer will be responsible for all fees and deposits plus the major facility charge
which will be collected at time of issuance of building permit.
88. Prior to final map approval, the developer’s engineer must revise the water master plans
for both systems so as to agree with Phase II tentative maps.
89. The developer and the District must resolve the water pressure problems in the non-
potable system in Phase II prior to the issuance of grading permits.
utilities:
90. This project is approved subject to the condition that drawing numbers for &sting utilities
be included on improvement plans.
91. This project is approved subject to the condition that easements for City maintained sewer
lines must have an all weather access road
Growth Mananementz
92. Approval of this subdivision map is contingent upon the provision of adequate public
facilities to satisfy the Public Facilities Element of the Genexal Plan. At this time a Mello-
Roos Community Faciliiks District is proposed to finance the construction of several
Citywide facilities necessary to serve new development. If the MekRoos Community
Facilities District is not formed, or if the Community Facilities District is formed but the
subject properties are not participants within that Distkt, the required General Plan
PC RESO NO. 3153 -12-
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Consistency finding canuot be made. Therefore, no final map can be approved unless the
Citywide Mell~Roos Distrkt is formed or an altemate Enancing me&a&m is provided
by the developer and approved by the City Chmcil to finance the facilities legally
applicable to Zone 19 that would have been or are included in the Community Facilities
District. For the purpose of this condition the Mello-Roos Distrkt will be considered to
be formed following an affirmative vote of the property owners plus a 30day period as
prescribed by law to provide for any protest regarding the formation of the Disnict.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission
of the City of Carlsbad, California, held on the 19th day of December, 1990, by the following vote,
to wit:
AYES: Chairperson Schramm, Commissioners: Schlehuber, Holmes, Erwin, Marcus &
Hall.
NOES: None.
ABSENT: Commissioner McFadden.
ABSTAIN: None.
SHARON SCHRAMM,
CARLSBAD PLANNING COMMISSION
A-I-I-EST:
MICHAEL J. HOLZMILYER
PLANNING DIRECTOR
PC RESO NO. 3153 -13-
- h ) ‘r I * II ,’
PLANNING COMMISSION RESOLUTION NO. 3154
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD,
CALIFORNIA, RECOMMENDING APPROVAL OF A HILLSIDE DEVELOPMENT
PERMIT ON PROPERTY GENERALLY LOCATED NORTH OF BATIQUITOS
LAGOON, SOUTH OF ALGA ROAD AND WEST OF AVIARA PHASE I.
CASE NAME: AVIARA PHASE II
CASE NO.: HDP 90-2
WHEREAS, a verified application for certain property to wit: I
Portion of Sections 22,26,27,28,33 and 34 in Township 12 south, Range 4 west,
7 in the City of Carlsbad,
8 has been filed with the City of Carlsbad and referred to the Planning Commission; and
9 WHEREAS, said verified application constitutes a request as provided by Title 21 of the
10 Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did on the 19th day of December, 1990, consider
said request; and
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WHEREAS, at said 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
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Planning Commission Determination; and
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 Commission recommends
APPROVAL of HDP 90-2, based on the following findings and subject to the following
conditions:
Findin=:
1. All findings of m 89-37, Resolution No. 3153 are incorporated herein by reference.
23 11 2. The project complies with all of the development and design provisions of the Hillside 1
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Ordinance.
3. The net grading amounts of 7,400 cubic yards per acre falls witbin the acceptable range
required by the City Hillside Development Ordinance.
4. The project: (1) preserws Lagoon views for offsite residences, (2) preserves significant
environmental resources in open space and (3) incorporates contoured and undulated
slopes into the grading proposaL
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5. The project does not encroach into major 40% slope areas.
6. Althoughtheproject doescreatefivemanufacturedslopes which exceed 3Ofeetinheight,
all of these slopes are exempted and/or mitigated consistent with the Hillside Ordinance.
Conditions:
1. All conditions of CT 89-37, Resolution No. 3153, and the Mitigated Negative Declaration
Resolution No. 3150, are incorporated herein by reference.
2. Approval is granted for HDP 90-2, as shown on Exhibits “J” - “S”, dated November 9,1990,
incorporated by reference and on file in the Planning Department Development shall
occur substantially as shown unless otherwise noted in these conditions.
3. Approval of HDP 90-2 is granted subject to the approval of CT 89-37.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission
of the City of Carlsbad, California, held on the 19th day of December, 1990, by the following vote,
to wit:
AYES: Chairperson Schramm, Commissioners: Schlehuber, Holmes, Erwin, Marcus &
Hall.
NOES: None.
ABSENT: Commissioner McFadden.
ABSTAIN: None.
CARLSBAD PLANNING COMMISSION
ATEST:
PLANNING DIRECTOR
PC RESO NO. 3154 -2-
APPLICATION COMPLETE DATE:
Februarv 22. 1990
STAPPREPORT
DATE: DECEMBER 19, 1990
TO: PLANNING COMMISSION
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FROM: PLANNING DEPARTMENT
SUBJECT: MP-177(B)/LCPA 9WVCI 89-37/HDP 90-2 - AVIARA PHASE II - Request for a
Master Plan Amendment/Local Coastal Program Amendment for Aviara Master Plan
177 to; (1) modify planning area boundaries for Planning Areas 25,26,27,28,29
and 30, (2) change permitted product types from multi-family to single family within
Planning Areas 26 and 30, (3) modify development standards and design criteria for
Planning Areas 25, 26, 27, 28, 29 and 30 and (4) reduce maximum dwelling unit
potentials from 569 DU’s to 484 DU’s while increasing total open space by 15.43
acres. The approval of a 247 acre/l1 lot Phase II Master Tentative Tract Map and
Hillside Development Permit is also being requested. The project site is located
north of Batiquitos Lagoon, south of Alga Road, west of Aviara Phase I, in Local
Facilities Management Zone 19.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 3150 recommending
APPROVAL of the Mitigated Negative Declaration issued by the Planning Director and ADOPT
Planning Commission Resolution No.‘s 3151, 3152, 3153 and 3154 recommending APPROVAL of
MP-177(B)/LCPA go-S/CT 89-37/HDP 90-2, based on the findings and subject to the conditions
contained therein.
II. PROJECT D EXRIPTION AND BACKGROUND
On December 22,1987, the City Council approved the Pacific Rim Country Club and Resort Master
Plan, now named Aviara, and associated applications including the 531 acre Phase I Tentative Tract
Map (CT 8535). The applicant is now requesting approval of a Master Tentative Tract Map for
Phase II of the Aviara Master Plan
Phase II consists of the western 247 acres of the Aviara Master Plan including Planning Areas 25,
26, 27, 28, 29 and 30. As shown on Exhibits “A” - “I”, the Master Tentative Map proposes
subdividing the site into 11 separate lots and the grading of 156.5 acres of the 247 acre site for the
creation of master residential pads, circulation corridors (Batiquitos Drive and Kestrel Drive), and
a 16 space Batiquitos Lagoon Trailhead parking lot. The remaining 90.5 acres of the property,
which is predominantly comprised of Diegan Coastal Sage Scrub habitat and Eucalyptus groves, will
be preserved in open space. Each planning area and the above mentioned two proposed roadways
would consist of a separate lot (PIarming Area 26, two lots). Two other small lots (10 and 11) are
proposed for the Batiquitos Lagoon Sewer Pump Station and a potion of the Aviara goIf course.
MP-177(B)/LCPA 90WCT 89-37/HDP 90-2 - AVIARA PHASE II
DECEMBER 19, 1990
As exemplified under the Aviara Phase I Master Tentative Map, the Master Tentative Map process
works well for communities developed under a Master Plan, in which infrastructure affecting several
neighborhoods is provided prior to development. In addition, mass grading, where excavated material must be transported between neighborhoods, can be accomplished under a comprehensive
program in a timely fashion, prior to the development of any of the neighborhoods. Except for the
installation of major roadways, drainage lines and basins, sewer, water and other utilities, no
development rights are vested through the approval of this Master Tentative Map. Further
subdivision of each neighborhood, consistent with the Aviara Master Plan, will be required prior
to development.
Proposed project grading includes 1,927,300 cubic yards of cut and 1,925,9OO cubic yards of fill.
Of this required earth movement, 466,300 cubic yards of fill is associated with the construction of
Batiquitos Drive offsite and the stabilization of onsite landslide areas.
In association with this Phase II Master Tentative Map, the project applicant is also proposing to
amend the Aviara Master Plan relative to those Planning Areas (25-30) covered by the Phase II
Tentative Map. Specifically, the proposed Master Plan Amendments include:
I. Modification of planning area boundaries for Planning Areas 25,26,27,28,29 and 30. The
primary reasons for adjusting the Planning Area boundaries are associated with the
realignment of Kestrel Drive and the preservation of more of the Phase II area in open space
than originally anticipated under the existing Master Plan as discussed below.
+ PA-25 (18.2 acres to 28.4 acres) has been elongated southerly for purposes of
preserving an existing Eucalyptus grove and Coastal Sage covered slope area along
its northern midsection. The existing Master Plan identifies this area for
development.
+ PA-26 (75.2 acres to 78.4 acres) occupies much of the original area but has been
divided into two separate neighborhoods in order to preserve native slopes and a
Eucalyptus tree grove within the central portion of the planning area. In addition,
the southwestern perimeter of the planning area has been expanded to allow
preservation of a major Eucalyptus grove located in the south central portion of the
property. Both of these areas are identified for development in the existing Master
Plan
+ PA-27 (21.1 acres to 18.9 acres) The northern boundary has been relocated
northward for purposes of incorporating natural slope and deed restricted open
space areas into this planning area.
+ PA-28 (34.5 acres to 45.6 acres) The western boundary of this planning area has
moved westward to incorporate an identified Eucalyptus grove (to be preserved in
open space) which was formerly part of Planning Area 30.
+ PA-29 (44.0 acres to 18.4 acres) The eastern boundary has been modified (moved
westward) to accommodate the expansion of Planning Area 26. This results in the
preservation of native slope areas located within the eastern portion of the site in
open space.
MP-!.77(B)/LCPA 90-5/C-I’ 8r-37/HDP 90-2 - AVIAIU PHASE II
DECEMBER 19, 1990
PAGE 3
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+ PA-30 (69.5 acres to 57.4 acres) The southern boundary has been moved southward
into former Planning Area 28. This results in the incorporation of natural slope
areas and Eucalyptus groves into this planning area.
The total Phase II acreage figures from the original Master Plan (262.6 acres) compared to
this proposal (2472 acres) differ because the Phase II Master Plan boundaries on the south
(related to the wetlands) and east (related to the golf course) have been refined in the
Phase II Master Tentative Map to correspond to the actual legal boundaries of these areas.
These actual boundaries were not recorded until after the original Master Plan and Phase
I Tentative Map were approved.
Other Master Plan revisions include:
Change in permitted product types from multiple family to single family (minimum 7500
square foot lots) within Planning Areas 26 and 30.
Revise development standards for Planning Areas 25-30 to be consistent with above
mentioned product type revisions and up-to-date Citywide ordinances and policies.
Reduce maximum permitted dwelling unit potentials (from 569 DU’s to 484 DU’s) within
Phase II while increasing total Phase II open space from the anticipated Master Plan total
of 72.4 acres to 87.83 acres (increase of 15.43 acres).
Incorporate provisions requiring that affordable housing be provided through this Master
Plan.
The Phase II project site is undeveloped and characterized by a north-south wending ridge and
valley with mature Eucalyptus groves, Coastal Sage Scrub and disturbed agricultural areas located
upon it. It is surrounded by Alga Road to the north, Batiquitos Lagoon to the south, proposed
single family to the west (Brocatto) and Aviara Phase I to the east.
This project is located within the Mello I and East Batiquitos Lagoon/Hunt Properties segments of
Carlsbad’s Local Coastal Program. In that the existing Master Plan serves as the implementing
ordinance for the above mentioned Local Coastal programs, Local Coastal Program Amendments
shall be required to be processed through the California Coastal Commission.
III. 4itumE
MASTER PLAN AMENDMENT - MP-177(Bl
Planning Issues
1. Are the proposed land use changes consistent with the intent of Master Plan 177?
2. Will the proposed land use change from multi-family to single family be consistent with the
General Plan?
MP-177(B)/LCPA 90-S/C-I 89-37/HDP 90-2 - AVIAI&‘! PHASE II
DECEMBER 19, 1990
3. Are the proposed land use changes compatible with surrounding uses?
4. Are the proposed development standards revisions consistent with the intent of Master Plan
177?
5. Are all conditioned offsite improvements necessary for the development of the project?
DISCUSSION
As proposed, the land use changes (multiple family to R-1-7500 single family in Planning Areas 26
and 30) and development standards revisions are consistent with the intent of Master Plan 177 and
would be consistent with the General Plan. The change in allowable land use from multiple family
to single family in Planning Areas 26 and 30 would result in a more balanced housing product mix
within the Aviara Master Plan. The Master Plan curtently has a 72% multi-family/28% single
family housing mix. The proposed amendment would result in a 63% multi-family/37% single
family housing product mix. This proposed housing product mix would be consistent with the
Master Plan goal of providing “a well balanced and functional mix of residential uses”. This change
in product types would also be consistent with the combination General Plan designation of
(RM/RLM/OS/RC/N) over the subject property, while bringing the Master Plan overall housing mix
more into compliance with the Land Use Element of the General Plan, which designates a 40%
multi-family/60% single family housing mix throughout the City.
The Housing Element for the City of Carlsbad is currently under review. The Regional Housing
Needs Statement (SANDAG, 1990) indicates that the City of Carlsbad has a substantial obligation
to provide their fair share of affordable dwelling units within the San Diego region. The existing
Housing Element also contains specific policies and action programs relative to the provision of
affordable housing. One of these action programs (V-11) specifies that Master Plans shall be
utilized to provide for affordable housing which helps to meet Carlsbad’s identified share of the
regional need. Master Plan 177 currently does not address or provide any affordable housing units.
Consistent with the above stated requirements, and as mitigation for changing Master Plan product
types from multi-family to single family, this Master Plan Amendment also includes specific
provisions for the Aviara Master Plan to provide its proportional share of the City’s total obligation
for very low, low, and moderate income housing units. Implementation of these affordable housing
provisions will ensure that a more balanced mix of housing types is provided within the
southwestern quadrant of the City.
The proposed land use changes from multi-family to single family within Planning Areas 26 and 30
would be compatible with surrounding uses in that surrounding properties are planned for standard
single family (R-1-7500) or open space uses.
The proposed development standards revisions for Planning Areas 25-30 would also be consistent
with the intent of Master Plan 177. The revised development standards would be as or more
restrictive than the standards of the R-1-7500 zone, and would ensure consistency of all R-1-7500
Aviara Master Plan neighborhoods. The specific development standard changes include the
following:
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c MP-177(B);‘LCPA go-S/CT 8%37/HDP 90-2 - AVIARA PHASE II
DECEMBER 19, 1990
PAGE 5
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Revise the maximum structural height limit from 28 feet as measured to the
midpoint of the roof to 30 feet as measured to the peak of the roof (PA’s 25,26,27,
29 and 30). This revision will likely reduce the heights of proposed product types.
Require that 15% of constructed dwelling units per planning area (PA’s 25, 26, 27,
29 and 3Oy be a maximum of one story (22 feet measured to the highest roof peak)
in height. The existing Master Plan currently does not include a minimum
requirement for one story units within the R-1-7500 planning areas.
Require structural setbacks of 50 feet, 35 feet and 25 feet from Alga Road/Poinsettia
Lane, Batiquitos Drive and Kestrel Drive, respectively. This amendment will function
to mitigate potential traffic noise impacts while improving corridor aesthetics.
Require that a percentage of units within each planning area have a 24 foot front yard setback instead of the required 20 foot front yard setback. This amendment
will create a variety to neighborhood streetscapes.
Where product type changes are proposed (multi-family to single family), delete all
previous multi-family standards which are no longer applicable.
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 uaffic 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 equitably distribute costs of those improvements and to obtain the needed dedications from the
affected property owners.
LOCAL COASTAL PROGRAM AMENDMENT - LCPA 90-S
Planninn Issues
1. Is the proposed Local Coastal Program Amendment consistent with the zoning and General
Plan of the subject property?
DISCUSSION
California State Law requires that the Local Coastal Program(s), General Plan and zoning upon a
subject property be consistent. The project site is located within two Local Coastal Programs (Mello
I and East Batiquitos Lagoon). Master Plan 177 constitutes the zoning for the subject property, and
also functions as the implementing ordinance for the above mentioned Local Coastal Programs. As
discussed above, the change in product type from multi-family to single family would be consistent
MP-177(B)/LCPA 90-S/C-T 89-37/HDP 90-2 - AVIARA PHA!jE II
,DECEMBER 19, 1990
with the Master Plan’s combination General Plan designation of RM/RLM/OS/RC/N. In that
Master Plan 177, as amended, and the underlying Local Coastal Programs must be found to be in
conformance, staff concludes that LCPA 90-S is consistent with the zoning and the General Plan.
MASTER TENTATIVE TRACT MAP/HILLSIDE DEVELOPMENT PERMIT - Cl’ 89-37/HDP 90-2
Planning Issues
1. Does the proposed Master Tentative subdivision map satisfy all requirements of the
Subdivision Ordinance and the State Map Act?
2. Does the proposed Master Tentative Map comply with the requirements of the Hillside
Ordinance (Chapter 21.90 of the Carlsbad Municipal Code)?
3. Is the proposed project in compliance with the Interim Open Space Ordinance?
4. Does the proposed project adequately mitigate encroachment into previously deed restricted
coastal resource areas?
5. Is the project, as proposed, in compliance with the Mello I and East Batiquitos Lagoon Local
Coastal Programs?
. 6. Is the proposed project consistent with the Zone 19 Local Facilities Management Plan?
DISCUSSION
Master Tentative Map - CT 89-37
The 247 acre, 11 lot Master Tentative Tract Map satisfies all requirements of Carlsbad’s Subdivision
Ordinance and the State Map Act. All of the master lots (excluding lots 1,2, 10 and 11 which are
not intended for residential development) will front on publicly dedicated streets (i.e. Batiquitos
Drive and Kestrel Drive). Batiquitos Drive will be developed as an 84 foot wide Secondary Arterial
and a 68 foot wide super coIIector to the west and east of Kestrel Drive, respectively. Kestrel Drive
will be developed as a 60 foot wide collector street. All lots have also been designed to drain
adequately. As noted earlier, the Master Tentative Map only approves seven rough graded master
residential lots, two major roadways and associated infrastructure. Further subdivision of any of
the master lots for the development of R-1-7500 lots shall require that additional tentative maps
be processed.
Hillside DeveloDment Permit - HDP 90-2
The Phase II Master Tentative Map generally complies with all development and design provisions
of the Hillside Ordinance. Consistent with the design guidelines of the Hillside Ordinance, the
Master Tentative Map has been designed to: (1) preserve Lagoon views for offsite residences, (2)
preserve significant environmental resources in open space, and (3) incorporate
contoured/undulated slopes into the grading proposal.
Total project grading would result in 1,927,300 cubic yards of cut and 1,925,900 cubic yards of fill
over 156.5 acres (12,315 cubic yards/disturbed acre). When grading required for the (1)
construction of Batiquitos Drive, (2) for the stabilization of four ancient landslide areas located
within Planning Areas 25 and 26, and (3) for the connection of Kestrel Drive to existing Alga Road
is deducted from the total project grading as permitted through the Hillside Ordinance (Section
.I MP-177(B)/LCPA 90-S/CT 89-37/HDP 90-2 - AVIARA PHASE II
DECEMBER 19,199O
21.95.070), total project grading equals 8,574 cubic yards per disturbed acre. This amount of
grading is labeled as “potentially Acceptable” per the Hillside Ordinance. The Master Plan (page
18s) also requires the preservation of Batiquitos Lagoon views from the Spinnaker Hills
development, which is located immediately to the north of Planning Area 29. Preservation of these
Lagoon views necessitate2 that more grading within Planning Areas 29 and 30 be required.
Deduction of this grading amount from the project total results in a net project grading total of
7,400 cubic yards per disturbed acre. This amount of grading is defined as “Acceptable” under the
Hillside Ordinance.
A slope analysis study was conducted for the proposed Master Tentative Map (see Exhibits “J” - X4”)
and as designed, the project does not encroach into any major 40% slope areas. To a large degree,
these 40% slope areas have already been placed under an open space deed restriction by the
California Coastal Commission.
As shown on Exhibit “N”, the proposed map includes five manufactured slopes which exceed 30 feet
in height. Three of the manufactured slopes (2, 3 and 4) within Planning Areas 25 and 26 are a
consequence of pre-existing landslide conditions. The only feasible way to stabilize the four ancient
landslide areas which exist onsite is to cut from the head of the landslide (PA-25) and fill at the
toe (PA-26). This proposed corrective program results in the creation of manufactured slopes up
to 58 feet in height. However, in that this proposed grading is required to stabilize an existing
landslide hazard, it is exempted from complying with the maximum 30 foot slope height limit of
the Hillside Ordinance (Section 21.95.070(l)).
A fourth slope (slope-l) at the intersection of Alga Road and Kestiel Drive is a consequence of the
existing line and grade of Alga being fixed. Since Alga Road is already constructed and an
intersection with Kestrel Drive is necessary, the only alternative to reducing the slope height to 30
feet is through filhng a native canyon located to the northwest. In that the manufactured slope as
proposed preserves this native canyon, it is exempted from complying with the 30 foot slope height
limit of the Hillside Ordinance since 1.8 acres of additional open space is being provided (Section
21.95.070(3)).
’ Slope number S (PA-29 south of Spinnaker Hills) is necessary to preserve Spinnaker Hill Lagoon
views as required by the Master Plan
Alternative grading plans depicting adherence to the 30 foot high slope limit for each of these
nonconforming slope areas have been submitted (see Exhibits “0” - 5”). For the reasons identified
on these Alternatives exhibits, the proposed grading alternatives are not regarded as preferable.
The project applicants are proposing to enhance the appearance of the proposed manufactured
slopes in excess of 30 feet in height through a Habitat Enhancement Landscape Program (see
Exhibits “T’ - “X”) which would create new Coastal Sage Scrub habitat upon these slope areas. This
landscape program in association with the proposed slope grading design, which blends the
manufactured slopes in with the adjacent natural topography, adequately mitigates these slope
nonconformities.
Interim Ouen &ace Ordinance
The project as proposed is in compliance with the City’s Interim Open Space Ordinance. As shown
on Exhibit “i”, although the project does encroach into open space areas identified on the City’s
“Comprehensive Open Space Network Map”, all necessary findings can be made to support this
encroachment. Specifically:
MP-177(B)/LCPA 90-S/CT 89-37/HDP 90-2 - AVIfJRA PHASE [I
DECEMBER 19, 1990
1) The project encroachment 7.95 acres will be mitigated through a project give back
of 23.38 acres (a net acreage gain of 15.43 acres).
2) On an acreage basis, the replacement open space is biologically/environmentally
superior than that open space which is being encroached upon as noted below.
Habitat “Take Areas” “Give Back Areas”
Coastal Sage Scrub 3.7 acres
Disturbed .OS acres
Eucalyptus 4.2 acres
14.81 acres
4.66 acres
3.91 acres
3) The proposed replacement open space areas are also located in close proximity to
other existing open space ares as noted on Exhibit Y.
On November 15, 1990, this proposed open space exchange was reviewed and unanimously
approved by the City’s Open Space Advisory Committee.
Local Coastal Promam
The Phase II porcion of Master Plan 177 is located within the Mello I Local Coastal Program
(Planning Areas 25, 26 and 29) and the East Batiquitos Lagoon/Hunt Properties Local Coastal
Program (Planning Areas 27, 28 and 30). When Master Plan 177 was approved by the California
Coastal Commission in April of 1988, it became the implementing ordinance for these two Local
Coastal Programs. As a condition of this approval, open space deed restrictions were placed over
248 acres of the Aviara Master Plan site. Included within these 248 acres of open space were (1)
areas containing steep slopes (25% or greater) which also possess endangered species and or
Coastal Sage Scrub or Chaparral plant communities (referred to as “Dual Criteria Areas”) and (2)
other areas such as Eucalyptus groves or Coastal Sage Scrub which do not meet the “Dual Criteria”
but were placed in open space as mitigation for “Dual Criteria” encroachment on the Phase I hotel
and Planning Area 13 sites. Both the Coastal Commission and City of Carlsbad unanimously
supported this mitigation program because it resulted in the preservation of 82 additional acres of
open space, over and above that which would be preserved through a strict interpretation of the
existing MeIlo I Local Coastal Program “Dual Criteria” requirement.
As shown on the constraints map (see Exhibit “Z”), Phase II contains 79.47 acres of coastal deed
restricted area. Grading associated with the Master Tentative Tract Map proposes encroachment
into a total of 9.37 acres of this deed resticted acreage, mostly in the form of sliver cuts and fills
on the perimeter of development pads. This encroachment is labeled as “Area of Take” on
Attachment “A”. As shown on Attachment “A”, this project proposes to “Give Back” 12.92 acres of
non deed restricted area as mitigation for this encroachment. A biological study of these “Take” and
“Give Back” areas (see Attachment “A”) concludes that the “Give Back” acreage is biologicaIly
superior habitat (predominantly Coastal Sage Scrub) compared to that being disturbed by
encroachment (which is predominantly Eucalyptus). Encroachment into “Dual Criteria” habitat area
has largely been avoided. Only .lS acres of the 9.37 acre encroachment meets the “Dual Criteria”.
This .lS acre area (BB - as shown on Attachment “A”) is located within a major landslide hazard
area and must be removed to stabilize the central portion of Phase II and adjacent properties to the
-. ,
MP:1’77(B)/LCPA 90-S/CT 89-37/HDP 90-2 - AVIARA PHASE II
DECEMBER 19, 1990
west, A “Give Back” of 1.21 acres of “Dual Criteria” acreage, not presently deed restricted (area 22
as shown on Attachment “A”), is proposed as mitigation for this proposed encroachment. The City
and Coastal Commission have both allowed Coastal deed restricted trade-offs within Aviara
provided that it does not reduce the net acreage of deed resaicted area, and its biological value is
increased. In view of the fact that this mitigation program appears to accomplish these goals, staff
concludes that the project, as proposed, adequately mitigates project encroachment into coastal deed
restricted areas. Other encroachment mitigations incorporated into the project include a Habitat
Enhancement Program which revegetates 9.25 acres of manufactured slopes with native vegetation
(see Exhibits “T” - “X).
Otherwise, in that Master Plan 177 is the implementing ordinance for the Mello I and East
Batiquitos Lagoon Local Coastal Programs which cover this property, approval of this Master Plan
Amendment request will ensure compliance. In view of the fact that the Phase II Master Tentative
Tract Map also either avoids or adequately mitigates encroachment into coastal deed resticted
habitat areas, it is also found to be in compliance with the underlying Local Coastal Programs.
Coastal Development Permits will, however, be required for all future Phase II Planning Area
subdivisions.
Growth Management Ordinance
The project is located in Local Facilities Management Zone 19 in the southwest quadrant.
Implementation of the proposed Master Plan Amendment (MP-177(B)) will reduce potential future
Zone 19 dwelling units by 85 (from 569 DU’s to 484 DLJ’s). In that no dwelling units are proposed
with this application (CT 89-37), no facilities impacts are anticipated. Any future subdivision of
the master lot created by CT 89-37 shall be evaluated relative to facilities impacts.
Iv. ENVIRONMENTAL REVIEW
The Planning Director has determined that this project with the implementation of mitigation
measures, will not have a significant impact on the environment and, therefore, has issued a
Mitigated Negative Declaration on September 6,199O. The environmental analysis, along with the
field checks by staff, identified that because: (1) the project site has already been reviewed with
the Aviara Master Plan EIR 83-2(A); (2) as proposed, the project implements all recommended
mitigation measures of EIR 83-2(A); (3) the product type changes as proposed will be compatible
with surrounding existing or future uses; (4) the project will either preserve in open space or
replace with comparable quality and acreage the previously coastal deed restricted habitat; and (5)
the project as proposed preserves an additional 15.43 acres in open space than originally anticipated
under MP-177, no significant environmental impacts are anticipated. However, mitigation
measures, i.e.: (1) implementation of all recommended soiIs/geotechnicaI corrective measures, (2)
full landscaping of all major manufactured slopes with native plant species, (3) prohibition of
grading during the Black Tailed Gnatcatcher breeding season (March 1 - June l), (4) a requirement
to deed restrict in open space all “Give Back” areas, and (5) a requirement to field stake all deed
restricted areas prior to the issuance of grading permits shall be required to be implemented with
this project. There was one letter of comment which was received after the close of the public
review period for the Mitigated Negative Declaration. This letter of comment and staffs response
is included as Attachment “B”.
MP-177(B)/LCPA 90-S/CT 89-37/HDP 90-2 - AVIARA PHASE II
DECEMBER 19, 1990
In summary, staff is recommending approval of the following:
1) Approval of MP-177(B) because the proposed Iand use changes and development
standards revisions are consistent with the General Plan and the intent of Master
Plan 177, the proposed land use changes are compaable with surrounding uses, and
the proposed land uses changes will result in a more balanced mix of product type
within the Master Plan and City.
2) Approval of LCPA 90-S because the LCPA is consistent with the zoning and General
Plan.
3) Approval of CT 89-37/HDP 90-2 because the project is in compliance with the Subdivision Ordinance, State Map Act, Hillside Ordinance, underlying Local Coastal
Programs and Zone 19 Local Facilities Management PIan
ATTACHMENTS
1. Planning Commission Resolution No. 3150
2. Planning Commission Resolution No. 3151
3. Planning Commission Resolution No. 3152
4. Planning Commission Resolution No. 3153
5. Planning Commission Resolution No. 3154
6. Location Map
7. Background Data Sheet
8. Disclosure Form
9. Attachment Y, dated December 19, 1990
10. Attachment “A” - Biological Study and Map of Coastal “Take” and “Give Back” areas
11. Attachment “B” - Response to Notice for a Mitigated Negative Declaration
12. Exhibits “A” - “Z”, dated November 9, 1990
October 2, 1990
CDC:rvo
‘., L
, * BACKGROUND DATA SHEET
CASE NO: MP 177(BVCT 89-37/HDP 90-2/LCPA 90-S
APPLICANT: AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP
REQUEST AND LOCATION: (A) Master Plan Amendment/Local Coastal Program Amendment to;
LIj modify Plan,ninn Area boundaries for Planninn Area’s 25. 26. 27. 28. 29 and 30. (21 change
permitted product tvoes from multi-family to single familv within Planninn Area 26 and Planning
Area 30. (3) modifv Master Plan develonment standards and design criteria within Planning Area’s
2.5, 26. 27. 28. 29 and 30. and (41 reduce maximum dwellinn unit notentials (,from 569 DU’s to
484 DU’s) within Phase II of MP-177 while increasing acreage of natural onen areas. CB.1 A 247 acre/l1 lot master tentative man for Phase II of Aviara Master Plan 177. CC.1 Hillside
Development Permit. The nronertv is located north of Batiauitos Lagoon. south of Alga Road and
west of Aviara Phase I.
LEGAL DESCRIPTION: Portion of Section 22.26. 27. 28.33 and 34 in TOWIIS~~D 12 South. Ran=
4 west, in the Citv of Carlsbad.
APN: 214-170~Sl/215-040-16/216-111-05. 06/216-150-18 Acres 247.2 Proposed No. Lots/Units=
GENERAL PLAN AND ZONING
Land Use Designation RC/OS/RLM/RM/NC Density Allowed N/A Density Proposed N/A
Existing Zone PC Proposed Zone PC
Surrounding Zoning and Land Use:
zoning Land Use
Site PC UNDEVELOPED
North PC ALGA ROAD
south OS BATIOUITOS LAGOON
East PC AVIARA GOLF COURSE
West LC/R-1 AGRICULTURE/RESIDENTIAL (Spinnaker Hills)
PUBLIC FACILITIES
School District CARLSBAD Water CARLSBAD Sewer CARLSBAD EDU’s -
PubIic Facilities Fee Agreement, Date NOVEMBER 6.1989
ENVIRONMENTAL IMPACT ASSESSMENT
X Mitigated Negative Declaration, issued SEPTEMBER 6. 1990
- E.I.R. Certified, dated
Other,
REPLXEMENT DIXiOStiRE * STATEMENT - MTM - Phase II
DISCLOSURE STATEMENT
APPLICANTS STATEMENT OF CISCLOSURE OF CEFlrrlN OWNERSHIP IM’ERESTS ON A& APPuCATK)Ns WHICH WIU ir~cu~a~ /
OISCRET;CNAaY ACTON ON l%iE PART OF TriE Cl-R CCUNCL OR ANY APPOI~D SOARO. COMMl~iON CA C3&irr;E~ I
I
(Please Print)
The following information must be disclosed:
1. Auollcant
List the names and addresses of all persons having a financial interest in the appkation.
Aviara Land Associates martnershb 2011 Palomar Airport Rd.. Suite Carlsbad. CA 92009 206 -
2. owner
-m.. . -
List the names and addresses of all persons having any ownership interest in the property involved. Aviara Land Company, a Delaware Corporation 4SU Newport Center Drive, Suite 304 180 N. Riverview Drive fieacn, LA ymo Suite 130 hnaheim, CA 92808
3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names ax
addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnersz:;
interest in the partnership. . 1. Henrv w Address: 450 Newport Center Drive Suite 304 Newport Beach, Ca 92660-7640
4. If any person identified pursuant to (1) or (2) rbovo is a non-profit organization or a trust, list the names ant
addresses of any person seting as ofncer or director of the non-profit organization or as trustee or beneficiar, of tic, trust.
N/A
EXISTING
4
AVIARA PHASE II MP1 77(B)/Ct 89-37
LCPA 9005/HDP 90-2
PROPOSED
AVIARA PHASE II
*
MP1 77tB)/CT 89-37
LCPA @O-ISIHDP 90-2
ATTACHMENT X’ ‘5111 \ltlr:htjutc D:!t:
S,in I)Ic~o. C’.rillorni,t “J!J:
Tckphons: hl~--LZ8-~(M
FAK. hlY-liX-lrYlm:
m ERC -4 N Environmental and Energy Services Co. November 2.1990
blr. Paul Klukas Hillman Properties 2011 Palomar Airport Road, Suite 206 Carlsbad, California 92009
Re: Proposed Alterations of Coastal Resource Areas
Dear Paul:
At your request, on behalf of the City of Carlsbad, I field-checked the proposed
alterations of natural open space on the Aviara project. A total of 29 “Take” areas (decreasing open space) and 26 “Give back” areas (increasing open space) were evaluated for their biological resource value and relevance to the larger open space system. The
habitat type and acreage of each Take and Give back area are presented in Tables 1 and 2 and are shown on the accompanying map. Table 3 summarizes the comparison between the Take and Give areas.
The total acreage of Take area is 9.37 acres and Give areas encompass about 12.92 acres, resulting in a surplus give area of 3.55 acres. The acreages of the three primary habitat types found in these areas are not equivalent. A greater area of sage scrub habitat will be given back than that taken (6.03 acres given vs. 2.66 acres taken). This is a positive exchange biologically. Sage scrub is the preferred habitat for the California gnatcatcher and other sensitive vertebrate species (e.g., orange-throated whiptail). Non- native eucalyptus makes up the largest portion of the Take areas and the least in the Give back areas (4.94 acres taken vs. 2.66 acres given). The amount of disturbed habitat being taken is less than that being given back (1.77 acres taken vs. 4.23 acres given). Many of the give-back areas will add minor, but important additions to the open space corridor and/or further extend the biological buffer between the lagoon and the development. This proposed open space exchange would enhance the existing open space design.
ERCE would recommend a sage scrub revegetation program for disturbed Give
back areas that are adjacent to sage scrub habitat. This would enhance the remaining California gnatcatcher habitat and promote the long-term occupation of the open space by gnatcatchers. The surplus Give back acreage could be “land banked” to be used in any future open space adjustments if there is an unfavorable inequity between Take and Give back areas.
Paul Klukas November 2, 1990 Page 2
I hope this assessment satisfactorily addresses any biological concerns associated
with the proposed exchange. Please call me if you have any questions.
Sincerely,
Patrick J. Mock, Ph.D.
Senior Biologist
’ Paul Klukas
November 2, 1990 Page 3
Table 1. Habitat types and acreage of Take Areas.*
A -
AA B BB C cc D E EE F
FF G GG H HH I
J L N 0
i S T U
V
Y
Z
Disturbed Sage Scrub / Disturbed Sage Scrub / Disturbed Sage Scrub Eucalyptus Sage Scrub Ellcalyptus Sage Scrub Eucalyptus Eucalyptus / Disturbed Eucalyptus Sage Scrub Sage Scrub / Disturbed Eucalyptus Eucalyptus Eucalyptus Eucalyptus Eucalyptus Eucalyptus / Disturbed Eucalyptus Sage Scrub / Eucalyptus Eucalyptus Eucalyptus Eucalyptus Sage Scrub Sage Scrub / Eucalyptus / DhUdXd Sage Scrub Sage Scrub
Sage Scrub
0.03 0.06 1.44 0.14 0.05 0.08 0.11 0.04 0.02 0.14
i*Ti 0:74 0.01 0.20 0.77 0.01 0.01
iziz 0:48 0.01 0.10 0.32 0.01 0.59
0.10 0.44 0.03
Total 9.37
* See attached figure for area locations.
Paul Klukas November 2, 1990
Page 4
Table 2. Habitat types and acreage of Give back ATeas.*
Give back
1 2 3 4
i 7 8 9
10 11 12 13 14 15 16 17
18
ii 21 22 23 24 25 26 27
Sage Scrub / Disturbed 0.16 Sage Scrub 0.33 Sage Scrub 0.06 Eucalyptus / Disturbed 0.57 Sage Scrub 0.05 Sage Scrub / Eucalyptus 0.46 . Sage Scrub 0.65 Eucalyptus 0.87 Eucalyptus 0.02 Sage Scrub / Disturbed 0.78 Sage Scrub / Eucalyptus 0.68 Sage Scrub 0.04 Sage Scrub 0.15 Sage Scrub 1.40 Eucalyptus 0.02 Eucalyptus 0.01
EUC~~~NS 0.06
Eucalyptus 0.03 Iceplant / Disturbed 0.18 Eucalyptus 0.11 Iceplant / Disturbed 0.51
EUG~~~NS 1.25 Eucalyptus / Disturbed 0.04 Sage Scrub / EUC&J-~NS 3.97 Sage Scrub 0.01 Sage Scrub / Disturbed 0.44 Disturbed 0.07
Acreage .
Total 12.92
* See attached figure for area locations.
&ul Khkas
November 2, 1990 Page 5
Table 3. Comparision of Take and Give Areas (acres).
Sage Scrub 2.66 6.03 Eucalyprus 4.94 2.66 Disturbed 1.77 4.13
Total 9.37 12.92
Surplus Give Area 3.55
Et .- B zii 2’: Fd 5 f >
.- i3 ii ? = 3
5 ‘- I - I 2 .-. -._
= d $5
Ei 0
1, l I \ / I
i
One letter of comment was submitted in response to the Mitigated Negative Declaration
for Aviara Phase It (MP 177(B)/LCPA 90.S/CT 89-37/HDP 90-Z) (see attached letter from
the Depanment of Fish and Game, dated October 5, 1990). Because this letter was
received by the Stare Clearinghouse and forwarded to the City after the end of the public
review period, the City of Carisbad is not required to respond to this letter (see attached
Ietrer from the Scare Clearinghouse, dated October 12, 1990). Nevenheless, the Ciry has
responded co this letter from the Department of Fish and Game by providing them with the
additional graphics and biological srudies that were requested. Consistent with the
requirements of the Califomia Environmental Quaky Act, the proposed findings for
approval of this Mitigated Negative Declaration for this project are adequate.
-. I -.
STATE OF OILI~ORN~A~CCICE OF THE COVER&CM
OFFICE OF PLANNING AND RESEARCH 140 TENTH StREfl
SACRAMENtO. CA 95814
Ott 12, 1990
CHRIS DECERBO - CITY OF URISBAD 2075 LAS PALMAS DR. CARLSEAD, CA 92009
Subject: AVIARA PHASE II (MP-177(E)/CT 89037/HDP 90=2/LCPA 90-5 SCH # 90010871
Dear CHRIS DECERBO:
The enclosed comments on your draft environmental documents were received
by the State Clearinghouse after the end of the state review period. 'N'e are forwarding these comments to you because they provide information oz raise issues which may assist you in project review.
Lead agencies are not required to respond to late comments. However, ycu may wish to incorporate these additional comments into the preparation sf your final environmental document.
Please contact Terri Lovelady at (916) 445-0613 if you have any questions concerning the review process. When you contact the Clearinghouse in this matter, please use the eight-digit State Clearinghouse number so that we may respond promptly.
Sincerely,
T. .*/ f a&i /-Tc?--. , -/--, ./ - r-
David C. Nunenkamp Deputy Director, Permit Assistance
Enclosures ,
cc: Resources Agency .
.
*. l
Sra.0 of blif&o I .>l The Rosouroos Agency
Memorandum
To : 1. Projects Coordinator Resources Agency
Data : -
October 5, 1990
2. City of Carlsbad Attention Mr, Chris Decerbo 2075 Las Palmas Drive Carlsbad, CA 92009
From : Dopartmont of Fish and Game
Subjm : Negative Declaration - Aviara Phase 11, San Diego County - ’ SCH 90010871
A Department of Fish and Game biologist familiar with the project area has reviewed the subject document for amendment to the Aviara Master Plan and the. Local Coastal Program to modify boundaries for planning areas 25, 26, 27, and 29. The 247-acre project site is located north of Batiquitos Lagoon, south of Alga Road and
immediately west of Aviara Phase 1.
We request that detailed information on the locations of the coastal sage scrub habitats that will be exchanged as a result of the proposed “swap” be provided (page 7, item 12). We also need to knoy the location of 16.7 acres of additional open space to be provided as discussed on page 7 under item 16. Without such information, the efficiency of this proposed mitigation cannot
be determined.
Additionally, we request that vegetation maps and results of black-tailed gnatcatcher surveys, as well as maps of the areas proposed for exchange, be sent to the Department for further review. Without this information, impacts of the proposed project to the qnatcatcher cannot be determined.
In light of the fact that the proposed project could result in significant adverse impacts, including impacts to the gnatcatcher (a Federal candidate or endangered species listing and a species which is unquestionably “endangered” pursuant to the standards set forth in California Environmental Quality Act (CEQA) Guidelines Section 153801, we find that the use of a Negative Declaration is
contrary to CEQA requirements. Therefore, we recommend against certification of the Negative Declaration. We recommend preparation and public circulation of supplemental environmental documentation which demonstrates the precise means by which net impacts to coastal sage scrub and the gnatcatcher are to be avoided. We find that such supplemental information is necessary both for the purposes of compliance with CEQA and compliance with the California Coastal Act of 1976. Regarding the Coastal Ack, -w-. find that the habitat of the gnatcatcher is “environmentally-.... . . ..‘x., sensitive” pursuant to the definition established by Section 30107.5; and that net impacts to this species must be precluded if the project is to comply with the requirements set forth in Section 30240. , - ‘. ./I /’ -’ - ‘..
- .
1. Projects Coordinator 2. City of Carlsbad -t- October 5, 1990
Thank you for the opportunity to review and comment on this project. If you have any questions, please contact AYr . Fred Worthley, Regional Manager of Region 5, at 330 Golden Shore, Suite 50, Long Beach, CA 90802 or by telephone at (213) 590-5113.
cc‘: Mr. Peter Douglas, California Coastal Commission -
San Francisco
Mr. Chuck Damm, California Coastal Commission - Long Beach
MS. Debra Lee, California Coastal Commission - San Dieqo
October 19, 1990 _
California Depanment of Fish and Game
c/o Mr. Fred Worthley
330 Golden Shore, Suite 50
Long Beach, CA 90802
SUBrECT: Response to Department of Fish and Game Comments on Aviera Phase II Negative
Declaration, SW 90010871.
Dear Mr. Worthiey: s
In response to California Department of Fish and Game comments (see attachment “A’) on the
Aviara Phase II Mitigated Negative Declaration, the City of Carl&ad has enclosed for your review:
(7) an exhibit identifying the locations of Coastal “Take” and “Give 8acK’ areas, (2) a biological
report which identifies the habitat type and acreage of each of the “Take” and “Give BacK’ areas,
and (3) a 200’ scale exhibit which identifies the location of 15.43 acres of additional open space
provided through the proposed revisions to the Phase ll portjon of Master Plan 7 77.
If you have any other quesfions or concerns regarding this matter, p/ease don? hesitate to confacf
me at (6 19) 438- 1 t 6 1, extension 4445.
Sincerely,
I ‘,- ,,-*, , c
Chris DeCerbo
Senior Planner
CDC:NO
Enclosures
C : Erin Letsch
2075 Las Palmas Dnve - Carlsbad. California 92009-4859 - (619) 438-l 161
MINUTES
December 19, 1990 PLANNING COt+fISSION Page 5 COMMISSIONERS ’
d since that time. Before any development can occur, environmental evaluation must be done. However, none Dougherty's comments would have any effect on the zone
nior Management Analyst, responded on the by stating that the San Harcos Unified School
required to acquire a site somewhere within it may not necessarily be the site which Mr. Dougherty p
Chairman Schramm ad if it is co-n practice to bridge road beds which sap a riparian area. Brian Hunter,
Senior Planner, rep hat this point will be looked into when the Master Plan
Ron Ball, Assistant Cit may, requested Mr. Dougherty to surrender the aerial photo h for the record so that it can be forwarded on to the City il and referred to when
documents are evaluated. Mr 1 stated that when development is ready to take p , the land use will be reviewed and Mr. Dougherty's comments will be taken into
consideration. Although Mr. Doughe%.$y would like the aerial photograph returned, it must remain $,file with the Planning Department. '\ ye There being no other persons desiring to address the Commission on this topic, Chairman
public testimony closed and opened the among the Conmission members. ‘1.
Motion was duly made, seconded, and carried to ad t Y Planning Commission Resolution Resolution No. 3175 , recommending approval of the Negative Declaration issued by the Planning Director and adopt Planning Cossaissio\
Resolution No. 3176 recoauaending approval of Local \ Facilities Management Plan 18.
The Planning Commission recessed at 6:45 p.m. and reconvened at 6~52 p.m.
6) MP-177(B)/LCPA 90-S/CT 89-37/HDP 90-2 - AVIARA PHASE II
- Request for a Master Plan Amendment/Local Coastal Program Amendment for Aviara Master Plan 177 to: (1) modify planning area boundaries for Planning Areas 25,
26, 27, 28, 29 and 30; (2) change permitted product types from multi-family to single family within Planning Areas 26 and 30; (3) modify development standards and design criteria for Planning Areas 25, 26, 27. 28. 29 and 30; and (4) reduce maximum dwelling unit potentials from 569 du's to 484 du's while increasing total open
space by 15.43 acres. The approval of a 247 acre/l1 lot Phase II Master Tentative Tract Map and Hillside Development Permit is also being requested. The project site is located north of Batiquitos Lagoon, south of Alga Road. west of Aviara Phase I, in Local Facilities
Management Zone 19.
Chris DeCerbo, Senior Planner, reviewed the background of the request and stated that Phase II of Aviara consists of the western 247 acres of the Aviara Master Plan including Planning Areas 25, 26. 27, 28, 29. and 30. The remaining
90.5 acres of the property which is predominantly comprised of Diegan Coastal Sage Scrub habitat and Eucalyptus groves,
. .
Erwin Hall
Holmes Marcus Schlehuber Schranns
MINUTES
December 19, 1990 PLANNING COMMISSION Page ’ COMMISSIONERS
will be preserved in open space. The Phase II project site is surrounded by Spinnaker Hills (Alga Road) to the north, Batiquitos Lagoon to the south, proposed single family to the west (Brocatto) and Aviara Phase I to the east.
In addition to proposing several boundary changes within the Planning Areas, the Phase II revision includes a change in product type in Planning Areas 26 and 30 from multi-family to single family (minimum 7500 s.f. lots). As a result of this
change, the maximum permitted dwelling units have been
reduced from 569 du's to 484 du's, while increasing open space by 15.43 acres, and will result in a 63%
multi-family/37Z single family housing product mix. The proposed housing product mix would be consistent with the Master Plan goal of providing a well balanced and functional mix of residential uses and will enable a more balanced mix
of housing types within the southwestern quadrant of the City. The structural heights have been changed to a roof peak maximum of 30 ft. for two-story and 22 ft. for one-story. In addition, the front yard setbacks have been
increased from 20 ft. to 24 ft.
Staff has determined that the Phase II Master Tentative Map
and Master Plan Amendment, as proposed, meets all required City ordinances, plans and policies, as well as requirements
of Hello I and the East Batiquitos Coastal Program; therefore, staff recoPmrands approval.
Robert Green, Principal Planner, introduced into the record a letter dated December 18, 1990 from the Legal Aid Society of San Diego, Inc. which requested an amendment to paragraph 27 of proposed Resolution No. 3153 to remove all reference to "moderate income" and retain those phrases with "very low" and "low" income. Since the Housing Element has not yet been
finalized, Mr. Green suggested that discussion on this item should be reserved for public hearings on the Housing Element when it comes forward.
Cowissioner Schlehuber cormnented that the staff report discusses view preservation yet it recommends planting Eucalyptus trees which would block views. Chris DeCerbo,
Senior Planner, replied that the Eucalyptus trees have only been proposed for areas contiguous to existing groves.
Larry Clemens, Hillman Properties, 2011 Palomar Airport Road,
Carlsbad. addressed the Cormaission and reviewed some of the history of the Aviara project for the benefit of the audience. He stated that over the past two years his team has held many community meetings in an attempt to incorporate
community recosusendations into the Aviara project. He passed out a schedule of meetings for the benefit of the Coaxnissioners. He concurs with the staff recommendation and stated that he and his staff were available to answer questions.
Commissioner Hall inquired if Mr. Clemens has read the letter from Tom and Cindy Ward of Spinnaker Hills dated December 19, 1990. He replied that he had not seen it. Mr. Clemens was
given a copy to review so that he could comment on it.
Commissioner Holmes stated that he has problems with the land slide area and inquired if it would be noted in the CC&R's.
Mr. Clemens replied that the California Department of Real Estate requires a disclaimer and deed restriction which states that there has been a land slide and that the problem has been corrected.
1
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I
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/
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MINUTES
December 19, 1990 PLANNING CDM'IISSION Page 7 COMMISSIONERS
Lee Vanderhurst, ICC, Inc., stated that he is an engineering geologist licensed by the State of California. He has evaluated the landslide area and confirms that it is stable. A grading scenario was specifically developed to stabilize
the landslide area. During construction, inclinometers will
be installed to detect land movement. If movement is detected, remedial measures would be required.
Conrnissioner Erwin inquired if the minimvm width was met for
cul-de-sacs and elbows. Bob Wojcik, Principal Engineer, replied that the cul-de-sacs met the 60' requirement with the 20' setbacks and since those setbacks have been increased to 24' the width is more than sufficient.
Conmissioner Erwin inquired if there was ever any decision made on how many one-story units would be built. Chris DeCerbo, Senior Planner, replied that no number was
specified.
RECESS
The Planning Cosaaission recessed at 7:48 p.m. and reconvened at 7~55 p.m,
Chairman Schracmn opened the public testimony and issued the invitation to speak.
Dallas Smith, 1011 Iris Court, Carlsbad. addressed the Commission and stated that he currently has a view of the
Batiquitos Lagoon from his home in Spinnaker Rills. He has been given plans showing the grading elevations but he wants to make sure.that Hillman Properties lives up to their promises to preserve the views from Spinnaker Hills. Mr. Smith feels that it is relatively easy to lower the grading
elevations before the houses are built in order to preserve the views. In addition, he would like to see the wall
between the subdivisions kept low and the landscaping kept low so that they do not block the views. Mr. Smith is happy that Daisy Avenue will not carry through-traffic. He requested that measures be taken to treat graded areas (which
will not be built on immediately) for erosion control.
Al Sutton, 7319 Lily Place, Carlsbad, addressed the Cormnission and stated that his property backs up to the
Aviara property. He has a whitewater view and wants to make
sure that this view is preserved. He has received a written agreement from Hillman to ensure that the whitewater view will be protected. He gave copies of the agreement, with a
cover letter to Chris DeCerbo dated December 12, 1990, to Planning staff for the record.
Cindy Ward, 937 Begonia Court, Carlsbad. addressed the Commission and referred to her letter dated December 19,
1990, with exhibits A-E. which states that the view line from her property will be blocked by the Phase II Aviara project. She also passed out a photograph of the existing view from her back yard. She requested that the road below her property be graded 10 ft. lower in order to preserve her view and that the two-story home facing the rear of her home be
replaced by a one-story home.
Ron Perry, 935 Begonia Court, Carlsbad, addressed the Cosxafssion and stated that he echo's the cosxsents made by Cindy Ward. Be is her next door neighbor. He is concerned
about the uncertainty regarding the view preservation, especially since he was told by the realtor that the property
MINUTES
December 19, 1990 PLANNING COMMISSION Page 8
behind his was designated as open space when he bought his property. Mr. Perry is currently trying to sell his home and if thg view is lost it will greatly change the value of his home.
Joe Reed, 1008 Daisy Avenue, Carlsbad, addressed the Cousnission and stated that he supports the staff recommendation for emergency access at the end of Daisy
Avenue. He hopes that the gate will be nice looking and not
look like the entrance to a maintenance yard. He is concerned about the 17% grade on Daisy Avenue because it will
become an attractive nuisance for skateboarders. He proposed two solutions, i.e. some sort of ordinance to prohibit skateboarders or a special surfacing be laid on the road to make it unusable for skateboarders.
Larry Clemens, Hillman Properties, returned to the podium for rebuttal. He passed out an exhibit which includes a photo of the views from Spinnaker Hills and the view angle. He assured the Planning Conrnission that the view from Cindy
Ward's residence will not be obstructed. He has no problem with the design of the wall but was concerned about her conrment of a two-story home facing her backyard. Mr. Clemens
stated that the two-story home Mrs. Ward referred to is located approximately 100 ft. from the Ward residence, which is greater than the width of two City streets. He has tried to meet with Mrs. Ward on several occasions but has been
unable to connect with her. Regarding Mr. Perry's comment about the open space behind his home, Mr. Clemens stated that it was never designated as open space and he doesn't know
where that comment originated. Regarding Mr. Reed's comment for a nice-looking emergency gate on Daisy Avenue, Mr. Clemens comrmented that Hillman Properties plans to build a beautiful, decorative gate which will include trail heads.
Chairman Schrarms requested Mr. Clemens to give a copy of his handout to Mrs. Ward, which he did.
Commissioner Schlehuber inquired if the view from Mr. Perry's
home will be obstructed.
Gary Wood, Civil Engineer, 41 West A Street. San Diego,
addressed the Conmission and stated that he did not prepare a view angle for the Perry residence.
Commissioner Schlehuber stated that the Master Plan clearly states that views from Spinnaker Hills shall be preserved and it looks as though Mr. Perry might have a problem. Mr. Clemens replied that he will comply with the Master Plan.
Coarnissioner Erwin inquired if there was ever an agreement that whitewater views would be protected. Mr. Clemens replied that he had an agreement with the Suttons and the Smiths to preserve their ocean view.
Coaamissioner Erwin inquired why Daisy Avenue is being gated. Mr. Clemens replied that it is an emergency access for Spinnaker Hills.
Commissioner Erwin noted that the disclosure contained in the staff report only lists one name and inquired if it is correct. Mr. Clemens replied that only one individual owns in excess of 10% and that the disclaimer is correct.
There being no other persons desiring to address the Commission on this topic. Chairman Schraaxn declared the
MINUTES
December 19, 1990 PLANNING COMMISSION Page 10
could not reach him. Nevertheless, he will support the staff reconnnendation.
Chairman Schramm has a problem with Areas 26 and 30. She thinks they need a Q overlay due to the conversion from multi-family to single family. She also thinks that Area 29 needs a Q overlay for the Ward and Perry views.
Conuaissioner Schlehuber is not in favor of Q overlays. He feels that staff is aware of the problems and what needs to
be done to remedy them. Commissioner Schlehuber thinks that Q overlays turn the Planning Commissioners into plan checkers.
Conuuissioner Hall requested staff comment regarding the
Q overlay. Robert Green, Principal Planner, replied that placement of a Q overlay is the prerogative of the Planning Cormuission.
Gary Wayne, Assistant Planning Director, stated that the need to preserve the views has been well documented and will
provide guidance to staff. The Q overlay is used to address some special concern so that the planning process can ensure compatibility. Unless there are special circumstances, he
would not recoaunend a Q overlay.
Connaissioner Hall cooaoented that until there is an ordinance on views, he would not like to be put in the position of approving views. He thinks this should be handled between property owners.
Cossnissioner Marcus agrees with Conraissioner Hall. She thinks staff should be the plan checker rather than the Planning Commission.
Cousaissioner Holmes does not think the Planning Commission should get into this situation.
Commissioner Erwin feels the Haster Plan is very clear because it states that the views will be protected. However,
he feels it should be understood that there will be trees planted and nobody can protect a view against a tree which gets tall and blocks it.
Motion was duly made, seconded, and carried to adopt Planning Commission Resolution No. 3150 recosxaending approval of the Mitigated Negative Declaration issued by the Planning Director and adopt Planning Commission
Resolution Nos. 3151, 3152, 3153, and 3154 recosrsending approval of MP-177(B)/LCPA 90-S/CT 89-37/HDP 90-2, based on the findings and subject to the conditions contained therein, including the revised conditions contained in staff memos dated December 19, 1990.
consider amending
California legislation.
Resolution of Intention to
recent State of
Intention is needed to make the City's sign ordinance consistent with the recent amendments to the California Civil
Erwin Hall Holmes Marcus
Schlehuber Schranxa
MINUTES
December 19, 1990 PIMNING COM4ISSION Page ’ COMMISSIONERS
public testimony closed and opened the item for discussion among the Commission members.
Chairman Schraaxa requested staff to comment on the recosruendation to resurface the extension of Daisy Avenue to discourage skateboarders. Bob Wojcik, Principal Engineer. replied that he will discuss the proposal with the Fire
Department but he could not make a judgement at this time.
Cormuissioner Hall requested staff to comment on the landslide problem. Bob Wojcik, Principal Engineer, replied that this
area received third party peer review by a licensed geologist and staff is comfortable with their conclusion that the land is stable.
Comissioner Schlehuber inquired if staff has any control over view obstruction by trees. Chris DeCerbo. Senior Planner, stated that staff cannot enforce view preservation if it has been invaded by tree growth.
Commissioner Erwin is concerned that homes in Phase II will be too massive for the size of the lots. He would like to see larger setbacks in the side and rear yards. Further, he has a problem with gated streets of any kind. Nevertheless,
CorPmissioner Erwin can support the project as long as the views will be preserved.
Commissioner Schlehuber agrees with Coarnissioner Erwin,
however, view preservation must be within reason. His biggest concern is Mr. Perry because it looks like his view will be lost. Comissioner Schlehuber can accept the project
as long as the adjacent development has the approval of the Planning Director.
Cormuissioner Hall requested the City Attorney to cosanent on
how far the City can go to protect views. Ron Ball, Assistant City Attorney. replied that since there is no view ordinance, whatever reasonable conditions are imposed on the project will control the view. The City does not have a crystal ball and cannot guarantee a person's view.
Cormaissioner Hall inquired how disputes regarding the view would be handled. Ron Ball replied that disputes between property owners are not mediated by the City. It appears
that the developer is working very hard to preserve the views but when it comes down to it, the City cannot protect the views.
Commissioner Hall referred to the emergency gate on Daisy Avenue and stated that he does not like crash gates or barriers on roads.
Commissioner Holmes complimented Aviara on their efforts to make their development blend with the surrounding
neighborhood. He will support the project.
Commissioner Marcus can support it but shares everyone's concern regarding the views. She thinks the "view" needs to be defined, for everybody’s benefit.
Commissioner Schlehuber thinks staff needs to be very careful on the view situation. He believes Ur. Perry is also entitled to a view. It is the City's prerogative whether the view must include whitewater. He, too, is against crash gates and cited a problem last year regarding a crash gate in Leucadia where a sick man ultimately died because paramedics
September 16, 1987
Spinnaker liill Resident:
For the past several years Hunt Properties, Inc. has been working
with the City of Carlsbad staff to complete the processing of our
proposed Pacific Rim Country Club and Resort.
Recently, considerable time and effort has been concentrated on improving our project design adjacent to the southerly boundary of Spinnaker Hill by equitably distributing a landscaped open space buffer between the Spinnaker Hill property lines and the proposed Pacific Rim lots. In August 1987, the City staff recommended to Hunt Properties that the enclosed configuration be designed into ,_
the Master Plan. As you can see from the graphic a 60 foot landscaped buffer has been provided by Pacific Rim which will actually separate houses by 100 feet (when’ considering, typical backyard set-backs of 20 feet).
The City% recommendation will provide a sensitive solution to project separations, view preservation, and a consistent treatment
along the entire Spinnaker Hill southerly boundary.
If I can answer any questions, or provide additional information, please call.
Sincerely,
Hunt Properties, Inc.
D. L. Clemens
Vice President
DLC/pro
Enclosure :
cc: Chris DeCerbo J
ZW’ u. CAMINO RE/,L . CARLSBAD. CALIFOWIA 9 - TELECOPIER 619464839 - 61=4%-0907 *
THE PACIFIC RIM COUNTRY CLUB AND RESORT
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views from Spinnaker Hills to Batiguitos Lagoon shall be preserved.
As shown on the Special Design Criteria exhibit for this planning
area, the identified natural Slops and eucalyptus tree groves shall
be preserved and maintained as open space.
Strong architectural relief features shall be incorporated into
structures visible' from adjacent properties to the north, I-S, and Pacific Rim Drive.
Special attention shall be given to the incorporation of the adjacent
open space areas as amenities to this neighborhood.
No construction or construction related traffic from Planning Area 29
shall be permitted on Daisy Avenue. Temporary gates and signs
prohibiting through-traffic shall be installed at the current southern
terminus of Daisy Avenue to the satisfaction of the City Engineer
following any development approvals in this planning area. In addition, a sign prohibiting construction traffic shall also be placed at the western terminus of Daisy Avenue. These gates and signs shall not be removed until occupancy is granted for all units in Planning
Area 29.
Entry Treatment: A neighborhood entry way shall be located along Pacific Rim Drive.
Fencing: Lots located along the Pacific Rim Drive and "N" .Street frontage shall require a solid fence or wall. Lots which are located adjacent to the northerly
pIanning area boundary shall require a solid fence at the top of slope at the rear of the lots. TLots which are adjacent to open space grove areas shall require an open fence at top of slope. A traffic noise study taken along
Pacific Rim Drive shall be required to be submitted prior to Site Development
Plan review.
Landscape:
The dominant unifying landscape elements for this planning area shall
be preselected street trees, common landscape areas and slopes
planted prior to homeowner occupation. Individual homeowner
landscapes shall vary.
Views to and from the lagoon, I-5, Spinnaker Hills and Pacific Rim
Drive shall be preserved to the extent feasible.
.A landscaped buffer area between the northerly lots of the planning
area and Spinnaker Hills to the north shall be maintained as a
landscaped open space.
Strong architectural relief features shall be incorporated into structures visible from properties to the north, Pacific Rim Drive and I-5.
_....
-185- -.
VIEW FROM WARD RESIDENCE TO BATIQUITOS LAGOON
LIST OF ATTACHMENTS
A. Photograph of View from Ward Residence to Batiquitos Lagoon
B. Horizontal Viewing Angle from Ward Residence to Batiquitos Lagoon
C. Cross-Section from Ward Residence to to Batiquitos Lagoon
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February 5, 1991
Tom Cindy Ward 937 Begonia Court Carlsbad, CA 92009
Carlsbad City Council 1200 Carlsbad Village Drive Carlsbad, CA 92008
RE: MP-177
Dear Councilmembers:
In the early development stages of Master Plan 177, Hunt Properties met with bordering Spinnaker Hill homeowners and worked out an agreement to preserve existing views of Batiquitos Lagoon that could be affected by development of Phase II.
In September of 1987, Hunt Properties sent us a three page agreement which we have outlined as exhibit A, B, and C.
Exhibit A is a letter explaining design guidelines for buffers and view preservation.
Exhibit B is conceptual development plans for the border of Spinnaker Hill and phase II.
Exhibit C is an illustration preserved. Notice roof-tops.
of how views are to be the clearance over-looking
Exhibit D Is page 185 from the approved Master Plan in December 1987 which states "Views from Spinnaker Hills to Batiquitos Lagoon shall be preserved.I'
We anticipated that these agreements would be complied with when Phase II moved forward, however, we discovered that final grading plans, combined with housing structure heights, will in fact block the heart of the lagoon views from our two homes on Begonia Court if approved by you tonight.
h
In December when we expressed our concerns at the Planning Commission hearing, Hillman presented view illustrations and insisted that they will be preserving our views as shown in exhibits E, F, and G.
A closer look at their view illustration exhibit F shows only a small fraction of our existing view between two proposed homes from our property line and clearly shows the view will be obstructed from our homes.
We would like to show you what the view width currently is in addition to the width they are proposing to let us keep.
[TOM ADDS TO VIEW ILLUSTRATION EXHIBIT G]
Referring back to exhibit F, we modified this exhibit slightly to show how Hillman's proposed home will block our views with their current grading plans and building heights if approved by you tonight.
The shaded area illustrates the lagoon view angle.
The overlay of a single story 22 l/2 foot house made with a scaled ruler shows how the view will be obstructed.
An obvious solution would be to lower the lot. As our illustration shows, if they decrease the amount of proposed fill, to a 133.5 level, as opposed to 140.5 feet [7 feet lower] and designate a maximum 22.5 single story house for this lot, we believe our view would be preserved as agreed upon. We believe this can be done and we're willing to hire a certified engineer who can demonstrate this.
In summary, we believe Hillman is trying to change the intent of view preservation. They would like to add 20 feet of fill to create a view lot to sell at the expense of our existing view.
Thank you for your time and consideration.
Sincerely,
&a
l5%5&/ thbme
Tom Ward Cindy Ward
AVIARA
COMMUNITY MEETINGS
1989
February 9
February 13
March 13
March 27
April 3
October 5
October 6
October 12
December 1
December 6
camlas court
camlas court
All Communities surrounding Aviara - Discuss school
Seaport
Spinnaker
Seaport
Citizens Advisory Committee
Spinnaker
Citizens Advisory Committee
Daisy Avenue
1990
January 25 Poinsettia task force
April 18 Citizens Advisory Committee
July 10 Batiquitos Lagoon Foundation - present Phase II
July 30 Harbor Point, Sea Cliff, Spinnaker Hill
August 1 Las Playas, Carlsbad Crest
November 27 Sea Cliff
November 28 Daisy Avenue
2Oli PALOMAR AIRPORT ROAD SUITE 206 CARLSBAD, CALIFORNIA 92009 (619) 931-1190 F~x:(619)931-7950
. . h
February 5, 1991
Carlsbad City Council
1200 Carlsbad Village
Carlsbad, CA 92008
Re: Aviara, Phase 2
Dear Council Members: .
Drive
.
My name is Dallas Smith; I live at 7011 Iris Court, Carlsbad. My home is contiguous to Aviara, Phase 2. I wish to express my views to you on
the following items.
I. Preservation of Views - in the City's Master Plan with Aviara,
it states that, "All lagoon views will be preserved." Property
owners on Lily Place, Iris Court and Daffodil Dr. have ocean
and white water views, as well as lagoon views.
The view property owners of Spinnaker Hill have been assured by Hillman Properties for years that the "white water view we now
have will remain after all grading and building is finished."
I simply wish you to be made aware of their promises to us and
see to it that they do as they have said.
II. Have Phase 2 be single-family homes on a minimum of 7,500 sq. ft. lots.
III. That 15% or more be single level homes, strategically located to
preserve the aforementioned views.
IV. Not to impose any affordable housing restrictions on this prime
area of Aviara.
V. That Daisy Avenue's southern end become an emergency vehicle access
only, as per the desire of Hillman Properties, as well as Spinnaker
Hill residents.
I feel the Aviara project will be a great asset for this area! of Southern
Carlsbad. I am in favor of this project provided thepromisesmade by
Hillman Properties are carried out to protect the existing property
owners' values and enjoyment.
Sincerely,
Dallas Smith
DS/ks