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HomeMy WebLinkAbout1991-03-05; City Council; 11056; Aviara Planning Area 7‘ L - . CIT\r -JF CARLSBAD - AGEND,% BILL \B # I\ ; 0 5 b TITLE: APPROVAL OF A 145 DWELLING UNIT ATG. .'3/5/91 TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT FOR AVIARA PLANNING AREA 7. IEPT. PLN CT 90-5/CP 90-2 - AVIARA PLANNING AREA 7. 3ECOMMENDED 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 90-5 and CP 90- 2, as approved by the Planning Commission. ITEM EXPLANATION On January 16, 1991, the Planning Commission conducted a public hearing and approved without modification (5-l Erwin) the Aviara Planning Area 7 condominium project, which is located at the northwest corner of the intersection of Alga Road and Ambrosia Lane. The project consists of 145 townhome units to be developed as 6 duplex, 15 triplex, and 22 fourplex structures over a 27.2 acre site. All of the units will include an exclusive use rearyard area. In addition, a variety of common active and passive recreation amenities are provided throughout the project. The project meets or exceeds all Master Plan Development and Design Standards, as well as being in compliance with the City's Noise Policy No. 17, the Mello I Local Coastal Program and the Zone 19 local Facilities Management Plan. The Planning staff report for this project includes reference to three minor standards variances which were granted by the City Engineer. These minor standards variances were for (1) the deletion of sidewalk on one or both sides on internal private streets; (2) reduction of centerline radii on internal private streets; and (3) the reduction of private internal sidewalks from five to four feet in width. The granting of such minor standards variances is permitted by the City's Engineering Standards and has been normal practice for private street developments for many years. The practice allows for more f+lexible .design of multi- family developments so as to balance aesthetics, safety, environmental concerns and the ability.to provide more affordable housing. Previous projects did not include notification within the staff report of the granting of all such minor standards '\, variances requests. The proposed requests for deletion of sidewalk and reduction of centerline radii are consistent with past project approvals and with a recently written Engineering Department policy on these design criteria. The reduction of the sidewalk width still provides for adequate pedestrian and handicap access while increasing landscape areas within the project. Engineering staff carefully reviewed these requests for safety and determined they would not be detrimental to the future project residents or the general public. The Planning Commission reviewed the project and concurred with staff's recommendation. . , . - PAGE 2 OF AGENDA BILL NO. I), OX? , No major issues were identified. Please see the attached staff reports to the Planning Commission for specific details regarding the tentative map, condominium permit and engineering standards variances. ENVIRONMENTAL REVIEW On January 16, 1991 the Planning Commission recommended approval of the Mitigated Negative Declaration issued by the Planning Director on August 22, 1990. FISCAL IMPACT As discussed in the Zone 19 Local Facilities Management Plan, because all required improvements are to be funded by development, no fiscal impacts to the City will result from this 145 dwelling unit condominium project. II Facilities Zone 19 II 11 Local Facilities Manasement Plan 1 - I19 II Growth Control Point 6.0 Du/Ac. I II Net Density 1 - 15.3 Du/Ac. I II Special Facility Fee 1 - 1 WA II EXBIBITS 1. Location Map 2. Planning Commission Resolution Nos. 3139, 3140, and 3141 3. Planning Commission Staff Report, dated January 16, 1991 4. Excerpts of Planning Commission Minutes, dated January 16, 1991 bty of bbbad AVIARA PLANNING AREA 7 CT 90-05 CP 90-02 1 2 3 4 5 6 7 PLANNING COMMISSION EESOLUTION NO. 3139 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A MITIGATED NEGATIVE DECLARATION FOR A TENTATIVE TRACT MAP/CONDOMINIUM PERMIT TO DEVELOP A 145 DWELLING UNIT CONDOMINIUM PROJECT. APPLICANT: AVIARA - PLANNING AREA 7 CASE NO.: CT 90-S/CP 90-2 WHEREAS, the Planning Commission did on the 7th day of November, 8 11 1990, and the 16th day of January, 1991, hold a duly noticed public hearing as 1 9 10 11 12 13 14 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. 15 II NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission 16 as follows: 17 A> That the foregoing recitations are true and correct. 18 8) That based on the evidence presented at the public hearing, the Planning 19 Commission hereby recommends APPROVAL of the Mitigated Negative Declaration 20 according to Exhibit “ND”, dated August 30, 1990, and “PII”, dated August 17, 1990, attached hereto and made a part hereof, based on the following findings and 21 subject to the following condition: 22 Findings: 23 1. The initial study shows that there is no substantial evidence that the project may 24 have a significant impact on the environment. 25 2. 1; The site has been previously graded pursuant to an earlier environmental analysis. 26 3. 27 The streets are adequate in size to handle traffic generated by the proposed project. , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. There are no sensitive resources located onsite or located so as to be significantly impacted by this project. Conditions: 1. Prior to the occupancy of any of the dwelling units, the project applicant shall construct a 5.5 to 8.5 foot tall noise barrier (combination wall and bexm) between buildings 11, 12, 21, 22, 42 and 43 and Alga Road, consistent with the recommendations of the Acoustical Study for Planning Area 7 (Mesh-e Greve, 1990). The wall portion of this barrier shall not be permitted to exceed six feet in height. Prior to the occupancy of all units in buildings 11,12,21,22,42 and 43, the project applicant shall incorporate all required traffic noise mitigation measures (i.e. mechanical ventilation) into these units as described in the Acoustical Analysis for Planning Area 7. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 16th day of January, 1991, by the following vote, to wit: AYES: Chairperson Holmes, Commissioners: Schlehuber, Schramm, McFadden and Hall. NOES: Commissioner Erwin. ABSENT: Commissioner Marcus. ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: . -a ’ 3 ’ w -1 ? MICHAEL J. H~LZMILLER PLANNING DIRECTOR PC RESO NO. 3139 -2- I . MITIGATED NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: The 27.2 acre site is located at the northwest comer of the intersection of Alga Road and Ambrosia Lane. PROJECT DESCRIPTION: Tentative Tract Map and Condominium Permit to develop 150 condominium units over a 27.2 acre site. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a 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, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of date of issuance. DATED: AUGUST 22, 1990 CASE NO: CT 90-5/CP 90-2 Planning Director APPLICANT: AVIARA PLANNING AREA 7 PUBLISH DATE: AUGUST 30, 1990 CD&m 2075 Las Palmas Drive - Carlsbad. California 92009-4859 * (619) 438-l 161 1 . , BACKGROUND ENVIRONMENTAL IMPACX ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. CT 90-5/CP 90-2 DATE: AUGUST 17. 1990 1. c 2. * 3. . 4. + 5. 4 CASE NAME: AVIAFW - PLANNING AREA 7 APPLICANT: Lvon Communities ADDRESS AND PHONE NUMBER OF APPLICANT: 4330 La Jolla Village Drive, Suite 130 San Dieno. CA 92122 (619)546-1200 DATE EIA FORM PART I SUBMITTED: Februarv 20. 1990 PROJECT DESCRIPTION: Tentative Tract Mao and Condominium Permit to develop 150 condominium units at the northwest comer of the intersection of Alga Road and Ambrosia Lane. ENVIRONMENTAL IMPACTS STATE CRQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report or Negative Declaration. * A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any ofits aspects may cause a significant effect on the environment. On the checklist, “NO” will be checked to indicate this determination. * An EIR must be prepared if the City determines that there is substantial evidence that any aspect of the project may cause a significant effect on the environment. The project may qualify for a Negative Declaration however, if adverse impacts are mitigated so that environmental effects can be deemed insignificant. These findings are shown in the checklist under the headings ‘YES-sig” and “YES-insig” respectively. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. -. PHYSICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Result in unstable earth conditions or increase the exposure of people or property to geologic hazards? Appreciably change the topography or any unique physical features? Result in or be affected by erosion of soils either on or off the site? Result in changes in the deposition of beach sands, or modification of the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? Result in substantial adverse effects on ambient air quality? Result in substantial changes in air movement, odor, moisture, or temperature? Substantially change the course or flow of water (marine, fresh or flood waters)? Affect the quantity or quality of surface water, ground water or public water supply? Substantially increase usage or cause depletion of any natural resources? Use substantial amounts of fuel or energy? Alter a significant archeological, paleontological or historical site, structure or object? NO x x x x x x -2- BIOLOGICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES 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. 18. 19. 20. 21. Alter the present or planned land use of an area? Substantially affect public utilities, schools, police, fire, emergency or other public services? Result in the need for new or modified sewer systems, solid waste or hazardous waste control systems? Increase existing noise levels? Produce new light or glare? . xv NO x x x x x 9 (si ’ NO x x x x - x , t , -3- HUMAN ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. Involve a significant risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation)? Substantially alter the density of the human population of an area? x x Affect existing housing, or create a demand for additional housing? x Generate substantial additional traffic? x Affect existing parking facilities, or create a large demand for new parking? x 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? x x x x x x YES NO (insia) 4- . ‘ , MANDATORY FINDINGS OF SIGNIFICANCE 33. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wild- life species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or en- dangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. 34. Does the project have the potential to achieve short-term, to the dis- advantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of ti.me while long-term impacts will endure well into the future.) 35. Does the project have the possible environmental effects which are in- dividually limited but cumulatively considerable? (“Cumulatively con- siderable” means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the .effects of probable future projects.) 36. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? x x x x -5- * . I . ‘DISCUSSION OF ENVIRONMENTAL EVALUATION This project is a 150 unit (multi-family) condominium project located at the northwest corner of the intersection of Alga Road and Ambrosia Lane. The project site is 27.2 acres in size and has been previously rough graded consistent with approved grading plans for CT 85-35. For this environmental analysis, staff conducted two field trips to the subject property and reviewed the Pacific Rim Country Club and Resort Master Plan, EIR 83-2(A), which already covered this property. Portions of an open space corridor, running north to south along the western side of the project site are vegetated with Coastal Sage Scrub and are under deed restriction to the California Coastal Commission. Aside from this open space corridor and a grove of Oak trees, also under a Coastal Deed Restriction and which are located within the center of the site, the remainder of the property has been rough graded and no sensitive environmental resources exist upon it. In that: (I) the proposed residential project is allowed by the underlying Aviara Master Plan and General Plan, (2) it is surrounded by compatible existing or future land uses including; future multi-family PA-17 to the north, approved yet unconstructed single family residential development (PA-8) to the south, a new Carlsbad Elementary School to the east and the Aviara Golf Course to the west, (3) the site has been previously rough graded and, (4) the project will not encroach into the Coastal Deed Restricted Coastal Sage Habitat and Oak groves located on site, no environmental impacts are anticipated. There were no public comments received in response to the Notice for a Mitigated Negative Declaration. PHYSICAL ENVIRONMENT 1. 2. 3. 4. 5. 6. The project requires balanced grading totaling 33,000 cubic yards. The site has been previously rough graded consistent with approved grading plans for CT 85-35. No unstable earth conditions will be created as the grading plan is required to meet City Engineering Standards. The topography of the previously graded site will not be significantly changed from its present graded state. Excluding the property to the east which is being developed with a Elementary School and the property to the north which is ungraded, other properties surrounding the project site are currently in a graded but otherwise undeveloped state. The project will not result in or be affected by erosion of soils as all necessary drainage and erosion control facilities have been or will be provided to handle runoff from the site. Impacts to Batiquitos Lagoon (i.e. erosion and runoff) will be adequately mitigated as discussed in response to #3 above. The project will have an incremental impact on air quality (as discussed in EIR 83-2(A)), in that it will generate 1,200 trips/day. However, this impact is not considered significant in itself. Long term mitigation of region wide air quality impacts will require that dependence upon the automobile be reduced regionally and statewide. The project has a minimum 20 foot separation between the structures. This design will provide for adequate air movement. -6- , DISCUSSION OF ENVIRONMENTAL EVALUATION (CONTINUED]: 7. 8. 9. 10. 11. The project will not change the course or flow of water as no streams are located in the immediate area and drainage waters will be handled by existing and/or proposed facilities. Development of this project will create impervious surfaces onsite which would reduce absorption rates and incrementally increase surface runoff and runoff velocities. qHowever, to accommodate this incremental runoff, drainage facilities will be incorporated into the project to divert the runoff to a master storm drain, thereby mitigating this concern. FAide from the Coastal Sage Scrub habitat located along the western portion of the jproperty and an Oak grove located in the center of the site (which will be maintained in Open Space), no natural resources exist on this previously graded site. Implementation of this project will incrementally contribute to the depletion of fossil fuels and other natural resources during construction and operation. This incremental increase is not considered significant. -The site is currently disturbed and all identified archaeological, paleontological or +.istorical sites have been previously mitigated. BIOLOGICAL ENVIRONMENT 12. *Excluding the Coastal Sage Scrub habitat located with along the western portion of the ‘*site and an Oak grove located in the center of the property which will be maintained in open space) the balance of the site has been disturbed through grading activities. In “accordance, no significant biological resources will be impacted through project development. 13. No significant impacts to the Coastal Sage Scrub habitat located along the western portion of the site are anticipated in that the landscaping proposed adjacent to this area will be compatible fire-retardant and non-invasive. 14. Implementation of the proposed project will not reduce the amount of acreage of any agricultural crop or affect farmland of State or local importance. 15. Project fencing located between development areas and the deed restricted open space to the west will mitigate impacts of domestic pets upon the wildlife in this open space area. 16. In that the on site protected habitat area is linked to other undeveloped open space areas within the Master Plan and because project fencing will help to deter domestic pet intrusion into the protected habitat area, no impacts or barriers to the movement of wildlife is anticipated to occur. -7- ‘ . DISCUSSION OF ENVIRONMENTAL EVALUATION (CONTINUED): HUMAN ENVIRONMENT 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. Development of this project will be consistent with the General Plan, Master Plan-177 and the Mello I LCP. The proposed multi-family produt type is compatible with adjacent land uses. As discussed in the Zone 19 Local Facilities Management Plan, with the payment of all required fees, all public facilities and services will be available to meet the demands of the project. See 18 above. Construction of the project will not result in noise impacts upon surrounding residences since the adjacent properties are undeveloped. Otherwise, the project is compatible with surrounding future uses and will not create significant noise impacts. Alga Road, which is located along the southern property boundary will create noise levels in excess of 60 dBA CNEL. However, this noise impact is proposed to be mitigated through the incorporation of a solid noise barrier (wall) between the road and the adjacent dwelling units and through the use of other sound attenuation measures (i.e. mechanical ventilation) as specified within the Acoustical Study for this Planning Area. Lighting utilized onsite will be directed so as to not impact adjacent future views. Because this is a residential project it will not involve a significant risk of an explosion or the release of hazardous substances. The proposed project density of 5.5 du/acre is well below the density permitted upon the site (7.9 du/acre) per the Aviara Master Plan. In view of the reduced density, overall project environmental effects should be reduced. The project will provide additional housing units to meet existing demand. A total of 1,200 average daily vehicle trips will be generated by the project which will not significantly impact the circulation system as discussed in EIR 83-2(A) and LFMP - 19. The demand for parking facilities created by this project will be satisfied onsite. Two garage spaces will be provided for each unit and adequate guest parking will be provided throughout the project. -8- .- - . . DISCUSSiON OF ENVIRONMENTAL EVAJJJATION (CONTINUED) 27. 28. 29. 30. 31. The project will add 640 ADT and 560 ADT to Alga Road and Ambrosia Lane respectively. Other surrounding streets will also carry portions of this project. This minor increase in traffic upon all surrounding streets is not considered significant. The.project site is outside of the Airport Influence Area for Palomar Airport. Two- vehicular access points are proposed for the project and are not located to cause conflicts with intersections with Alga Road and Ambrosia Lane. The,project will not interfere with emergency response plans. The,project will not obstruct any scenic vista and will create an aesthetically pleasing street scene along Alga Road and Ambrosia Lane through the use of structural setbacks, structural relief and rich landscaping. -9- ANALYSIS OF VIABLE ALTERNATIVES TO THE PROPOSED PROJECT SUCH AS: a) Phased development of the project, b) alternate site designs, c) alternate scale of development, d) alternate uses for the site, e) development at some future time rather than now, f) alter- nate sites for the proposed, and g) no project alternative. a) b) c> 4 d The 150 dwelling units proposed with this project will be completed in several phases. Phasing however will not likely result in an environmentally superior project. This project has been designed to comply with all development standards and design guidelines of the Aviara Master Plan. The proposal creates no significant environmental impacts. In accordance, no alternate site designs would appear as environmentally superior. The scale of this proposal (1 SO dwelling units) is a potentially superior improvement over the maximum of 241 dwelling units permitted per MP - 177. Any change of land use (except higher density residential permitted per MP-177) upon the subject property would necessitate a General Plan Amendment and Master Plan Amendment. Since the site is already rough graded and, all public facilities and services will be available to support this proposed project, development at some future time would not be regarded as an environmentally preferable alternative. There are alternative sites for the project; however, they have no environmental advantages, and this proposal is consistent with the existing land use plans. The “no project” alternative is not in conformance with the General Plan/Master Plan designation for the property. Since the site is already graded, this alternative is not environmentally superior. -lO- A- . DETERMINATION (To Be Completed By The Planning Department) On the basis of this initial evaluation: - I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. x I 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. /. /*! if I -> ,I - I /j’ .L , .A_ _.- Date Signature Date Planning Director LIST MITKGATING MEASURES (IF APPLICABLE) 1. Prior to the occupancy of any of the dwelling units, the project applicant shall construct a maximum 8.5 foot high sound attenuation wall/berm, as described in the Acoustical Analysis for PA-7, along Alga Road. The wall portion of the mitigation shall not be permitted to exceed 6.0 feet maximum. Prior to the occupancy of units 33-40,71-78 and 124-130 the project applicant shall incorporate all required traffic noise mitigation measures as described in the Acoustical Analysis for PA-7, (i.e. mechanical ventilation) into these units. ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE1 -ll- k’PLICANT CONCURRENCE WITH MITIGATING MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. ,’ -I ,! /. * , , _’ _ _I’ 7,) _j ’ .., I’ -_/ ,:’ I’/ _. DateSignature , ,’ / ’ CD:km -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 B) 25 . . . . 26 27 28 PLANNING COh4MISSION RESOLUTION NO. 3140 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP TO DEVELOP A 145 DWELLING UNIT CONDOMINIUM PROJECT ON PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF ALGA ROAD AND AMBROSIA LANE. CASE NAME: AVIARA - PLANNING AREA 7 CASE NO.: CT 90-S WHEREAS, a verified application for certain property to wit: Lots 92 and 93 of the City of Carlsbad Tract 85-35, Aviara Phase I, Unit C, has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 7th day of November, 1990, and the 16th day of January, 1991, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the above recitations are true and correct. That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of CT 90-S, based on the following findings and subject to the following conditions: . . . . . , 1 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Findinns: 1. 2. 3. 4. 5. 6. 7. 8. 9. The project is consistent with Master Plan 177 since the proposed net density of 5.3 du/acre is within the permitted density of 7.9 du/acre as specified within Master Plan 177. The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed. The Planning Commission has, by inclusion of an appropriate condition to this project, ensured that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the Planning Commission has added a condition that a note shall be placed on the final map that building permits may not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. The dedication of the 12.4 acre school site at the intersection of Alga Road and Ambrosia Lane is acceptable as mitigation of the impact to existing Carlsbad Unified School District school facilities. The dedication of a 24.25 acre park site at the northern terminus of Ambrosia Lane satisfies park fee requirements. All necessary public improvements have been provided or will be required as conditions of approval. The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee wili enable this body to find that public facilities will be available concurrent with need as required by the General Plan. Assurances have been given that adequate sewer for the projecl will be provided by the City of Carlsbad. As &cussed in the staff report, the project is: (1) consistent with the development standards of the Aviara Master Plan 177 and the Planned Development Ordinance; (2) in conformance with the Design Criteria of Master Plan 177; (3) in compliance with the City’s Noise Policy No. 17 as conditioned; and (4) is in conformance with the Mello I Local Coastal Program. PC RESO NO. 3140 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for Residential Development (RM/RLM/OS) on the General Plan. 11. This project will not cause any significant environmental impacts and a Mitigated Negative Declaration has been issued by the Planning Director on August 30, 1990, and Recommended for Approval by the Planning Commission on January 16, 1991. In recommending approval of this Mitigated Negative Declaration the Planning Commission has considered the initial study, the staff analysis, all required mitigation measures and any written comments received regarding the significant effects of this project could have on the environment. 12. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 13. This project is consistent with the City’s Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 19. Conditions: 1. 2. 3. 4. Approval is granted for CT 90-S, as shown on Exhibit “A” - “U”, dated December 4, 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. PC RESO NO. 3140 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. 9. 10. 11. This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the final map. This project is also approved under the express condition that the applicant pay the public facilities fee adopted by the City Council on July 28, 1987 and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or facilities and improvement plan and to fulfil1 the subdivider’s agreement to pay the public facilities fee dated November 2, 1989, and the agreement to pay the Growth Management Fee dated December 4, 1987, copies of which are on file with the City Clerk and are incorporated by this reference. If the fees are not paid this application will not be consistent with the General Plan and approval for this project shall be void. Water shall be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and the Carlsbad Municipal Water District, dated May 25, 1983. This project shall comply with all conditions and mitigation required by the Zone 19 Local Facilities Management Plan approved by the City Council on December 22, 1987, incorporated herein and on file in the Planning Department and any future amendments to the Plan made prior to the issuance of building permits. If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof, imposed by this approval or imposed by law on this project are challenged this approval shall be suspended as provided in Government Code Section 65913.5. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. The applicant shall establish a homeowner’s association and corresponding covenants, conditions and restrictions. Said CC&R’s shall be submitted to and approved by the Planning Director prior to final map approval. The CC&R’s for Planning Area 7 shall include a provision which prohibits parking vehicles in any private driveway which measures less than 20 feet from garage door to back of sidewalk or edge of curb face, whichever is closest to the structure. PC RESO NO. 3140 -4- . . ‘ * 1 2 3 4 5 6 7 8 9 10 11 12 1: 14 15 1e 17 1E 1s 2c 21 22 2: 24 25 26 27 2e 12. 13. 14. 1s. 16. 17. 18. 19. 20. 21. 22. 23. 24. The applicant shall submit a street name list consistent with the City’s street name policy subject to the Planning Director’s approval prior to final map approval. The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to the issuance of grading or building permits, whichever occurs first. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. The developer shall install street trees at the equivalent of 40-foot intervals along all public street frontages in conformance with City of Carlsbad standards. The trees shall be of a variety selected from the approved Street Tree List. Preliminary landscape plans shall be submitted. All landscape plans shall be prepared to conform with the Landscape Guidelines Manual and submitted per the landscape plan check procedures on file in the Planning Department. Landscape plans shall be designed to minimize water use. Lawn and other zone 1 plants (see Landscape Guidelines Manual) shall be limited to areas of special visual importance or high use. Mulches shall be used and irrigation equipment and design shall promote water conservation. Prior to final occupancy, a letter from a California licensed landscape architect shall be submitted to the Planning Director certifying that all landscaping has been installed as shown on the approved landscape plans. All herbicides shall be applied by applicators licensed by the State of California. The applicant shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. The first set of landscape and irrigation plans submitted shall include building footprints and elevations, improvement plans and grading plans. All landscape and irrigation plans shall show existing and proposed contours and shall match the grading plans in terms of scale and location of improvements. Mature trees which are removed shall be replaced one to one with minimum 36” box specimen. Each case shall be reviewed by the Planning Director. PC RESO NO. 3140 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. - The minimum shrub size shall be 5 gallons or otherwise as approved by the Planning Director. The number of trees in a residential project shall be equal to or greater than the number of residential units. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color. The developer shall display a current Zoning and Land Use Map in the sales office at all times, or suitable alternative to the satisfaction of the Planning Director. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets. As part of the plans submitted for building permit plan check, the applicant shall include a reduced version of the approving resolution/resolutions on a 24” x 36" blueline drawing. Said blueline drawing(s) shall also include a copy of any applicable Coastal Development Permit and signed approved site plan. Prior to the occupancy of any residential unit within this project, the Master Plans recreational vehicle storage area (within Planning Area 23) with all weather access road to it shall be available for use. Prior to the occupancy of any of the dwelling units, the project applicant shall construct a 5.5 to 8.5 foot high noise barrier (combination wall and berm) between Alga Road and buildings 11,12,21, 22,42 and 43. The noise barrier shall he constructed consistent with the recommendations of the Acoustical Study for Planning Area 7 (Mestre Greve, 1990). The wall portion of this barrier shall not be permitted to exceed 6 feet in height. Prior to the occupancy of all units within buildings 11,12,21,22,42 and 43, the project applicant shall incorporate all required traffic noise mitigationmeasures (ie. mechanical ventilation) into these units, as described in the Acoustical Analysis for PA-7. Prior to the issuance of a grading permit or the recordation of the final map, the project applicant shall receive a Coastal Development Permit that approves development that is in substantial conformance with this City approval. The Coastal Permit shall be required to be submitted to the City Planning Department for review prior to the issuance of a grading pexmit. PC EESO NO. 3140 -6- . . ‘ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 35. 36. 37. 38. 39. 40. Prior to the issuance of a grading permit, all Coastal Deed Restricted areas (portions of Lots 38,44,45 and 50 as shown on Exhibit “S”) shah be staked and flagged to prohibit encroachment by construction equipment. All units which are setback a minimum of 5 feet from a private driveway shall be equipped with an automatic garage door opener. All perimeter fences/walk shall be required to be designed consistent with the materials and style of other Master Plan approved fences/walls. This project is approved subject to the condition that residential water conservation measures including water &icient plumbing fixtures in conformance with State and Local Laws and Policies, be incorporated into the projects design. Prior to the recordation of the first final tract map or the issuance of residential building permits, whichever is first, the owner of record of the property within the boundaries of this tentative tract map shall prepare and record a notice that this property is subject to overflight, sight, and sound of aircraft operating from Palomar Airport in a manner meeting the approval of the Planning Director and the City Attorney. The applicant shall post aircraft noise notification signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director. Prior to final map approval, the project applicant shall be required to record a deed restriction over that open space area located between Goldfinch Court and Wigeon Place, which prohibits the connection of these two streets. Engineerinn Conditions: 41. 42. 43. 44. . . This approval is subject to all conditions of approval of Master Plan 177, Carlsbad Tract 85-35 and Zone 19 Local Facility Management Plan, and any amendments thereto. This project is located within the Mello I Local Coastal Plan All development design shall comply with the erosion control, grading and drainage requirements of that plan. 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. PC EIESO NO. 3140 -7- 1 2 3 4 5 6 7 8 9 1C 11 12 13 14 15 16 17 18 19 20 21 22 25 24 25 26 27 28 45. 46. 47. 48. 49. so. 51. 52. The developer shall provide an acceptable means for maintaining all the private streets, sidewalks, street lights, open space, storm drain facilities and sewer facilities located within the subdivision and to distribute the costs of such maintenance in an equitable manner among the owners of the units within the s&division. Adequate provision for such maintenance shall be ;Jlcluded with the CC&R’s subject to the approval of the City Engineer. All of the above improvements are considered private unless otherwise labeled on the tentative =P. Approval of this tentative tract map shall expire twenty-four (24) months from the date of City Council approval unless a final map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied at the discretion of the City Council. In approving an extension, the City Council may impose new conditions and may revise existing conditions pursuant to Section 20.12.110(a)(2) Carlsbad Municipal Code. Prior to approval of the final map the developer shall enter into an agreement with the City to pay any drainage area fees established as a result of the Master Drainage Plan Update. The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacent property prior to approval of the final map for this project. The applicant shall agree to utilize reclaimed water, if available, in Type I form, on the subject property in all common areas as approved by the City Engineer. Reclaimed water, as defined in Section 1305(n) of the California Water Code, means water which, as a result of treatment of wastewater, is suitable for a direct beneficial use or controlled use that would not otherwise occur. No grading permits shall be issued for this subdivision prior to recordation of the final map except as approved for model homes. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. Prior to issuance of a building permit for the project, the applicant must submit and receive approval for grading plans in accordance with City codes and standards, be issued a grading permit and complete the grading work in substantial conformance with the approved grading plans. The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. PC RESO NO. 3140 -8- 1 2 3 4 5 6 7 8 9 1c 11 12 12 14 15 1c 17 1E 19 2c 21 22 23 24 25 26 27 28 53. 54. 5s. 56. 53. 58. 59. 60. NO grading shall occur outside the limits of the subdivision unless a grading or slope easement is obtained from the owners of the affected properties. If the developer is unable to obtain the grading or slope easement, he must either amend the tentative map or change the slope so grading will not occur outside the project site in a manner which substantially conforms to the approved tentative map as determined by the City Engineer and Planning Director. A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits. Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. The developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with the Carlsbad Municipal Code and the City Engineer. Reference Chap 11.06. The developer shall construct temporary desiltation basins onsite 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 petit or final map which ever occurs first for this project. Each desiltation basin shall be serviced by an all-weather access/maintenance road. The provisions of this agreement shall apply to any offsite borrow sites which may be utilized in the construction of this project as required by the City Engineer. Rain gutters must be provided where necessary to convey roof drainage to an approved drainage device as required by the City Engineer. Additional drainage easements and drainage structures shall be provided or installed prior to the issuance of grading or building permit as may be required by the City Engineer. The developer shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the Tentative Map. The offer shall be made by a certificate on the final map for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. PC RESO NO. 3140 -9- , 1 I . 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 61. 62. 63. 64. 65. 66. 67. . . . Direct access rights for all lots abutting Alga Road shall be waived on the final map except for the point of connection with Baccharis Lane. Prior to approval of any grading or building permits for this project, the owner shall give written consent to the annexation of the area shown within the boundaries of the site plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1. The form shall be provided by the City during the improvement plancheck process. Runoff from this project is conveyed to environmentally sensitive areas. The subdivider shall provide adequate means of eliminating urban pollutants from drainage prior to discharge. Plans for such improvements shall be approved by the City Engineer prior to issuance of grading or building permit. Some improvements shown on the tentative map and/or required by these conditions are located offsite on property which neither the City nor the subdivider has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The Developer shall conform to Section 20.16.095 of the Carlsbad Municipal Code. Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final map in accordance, with City Standards the Developer shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements: A. Irrigation systems to accommodate future reclaimed water shall be designed and installed consistent with Title 17 of the California Administrative Code, and to the satisfaction of the City Engineer and the Water District. B. Alga Road to major arterial standards or better from Mimosa Street to El Camino Real to the satisfaction of the City Engineer. This obligation may be shared with other projects having a similar condition to the satisfaction of the City Engineer. Improvements listed above shall be constructed within 24 months of final map approval and/or improvement plan approval which ever occurs first. The Fire Marshal has determined that onsite fire hydrants are required to serve this project. Prior to issuance of a building permit for the site, the applicant must submit and receive City and water district approval for appropriate waterline improvement plans and easements. All improvements shall be designed in conformance with City and Water District Standards, plancheck and inspection fees paid and improvement security shall be posted with the Water District. PC RESO NO. 3140 -lO- 1 2 3 4 5 6 7 6 9 1c 11 12 12 14 15 16 17 1E 1s 2c 21 22 22 24 25 26 27 28 68. 69. 70. 71. 72. 73. 74. The design of all private streets and drainage systems shall be approved by the City Engineer prior to approval of the final map for this project. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City, and the standard improvement plan check and inspection fees shall be paid prior to approval of the final map for this project. The horizontal design of the private streets are approved as shown on the tentative map. The private sidewalk shall be kept clear of all obstructions including, but not limited to, fie hydrants, mail boxes and street lights. The subject property is within the boundaries of Assessment District No. 88-1 (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 buyers of the amount of the +essment and other provisions and requires the subdivider to have each buyer receive and execute a Notice of Assessment and an Option Agreement. In the event that the subdivider does not execute the Authorization Agreement, the assessment on the subject property must be paid off in full by the subdivider 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, a segregation of assessments must be completed and recorded for all subdivided lots. By applying for a segregation of assessments, the subdivider agrees to pay the fee to cover the costs associated with the segregation. A segregation is not required if the subdivider pays off the assessment on the subject property prior to the recordation of the final map. In the event a segregation of assessments is not recorded and property is subdivided, the W.l amount of assessment will appear on the tax bills of & new lot. This project is approved under the express condition there will be model units. The grading required for the model units is shown in an exhibit to the tentative map. The grading for the model units prior to final recordation is authorized pursuant to the approval of this tentative map. Sewer and water must be provided to the site. Fire hydrants shall be provided as deemed necessary by the Fire Mar&al. All storm drain and sewerlines which do not carry public flows shall remain private and be maintained by the Homeowners Association. A note to this effect shall be placed in the CC&R%. If the developer chooses to construct out of phase, all improvements required by previous contiguous phases must be constructed. PC RESO NO. 3140 -ll- 1 2 3 4 5 6 7 8 9 1C 11 12 12 14 1: 16 17 1E 19 2c 21 22 22 24 25 26 27 28 75. The open space lots - Lot 24 through 29, shall be deeded over to the Aviara Master Association con current with f!inal map recordation per the agreement between the developer and Hillman Properties. 76. The following areas shall be granted as covenant for easements to all owners of condominium units (not the Homeowner Association). These covenant for easements shall be conveyed by separate document and recorded concurrent with the final map. 1. A common area in perpetuity as a covenant running with the land over all paved areas and sidewalks, except individual concrete driveways, for access, parking, private utilities and maintenance purposes. 2. A common area in perpetuity as a covenant running with the land over Lot 1 through Lot 23 inclusive, for landscaping, access and maintenance Purposes- These covenants for easements shall be binding upon all successoxx, assigns and transferee of covenantor. These covenants can not be quitclaimed without the approval of the City. Wording to that effect shall be placed in the covenants. 77. The emergency access road shall be constructed with Phase 6. 78. Phase 3 of CT 90-S shall include street, curb, gutter, storm drainage inlets and the necessary infixstructure in Sand Astor Drive and Plover Court necessary for the development of that phase, to the satisfaction of the City Engker. Fire Conditions: 79. Additional public and/or on site fire hydrants shall be provided if deemed necessary by the Fire Marshal. 80. 81. An all weather access road shall be maintained throughout construction. All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. 82. Proposed security gate systems shall be provided with “Knox” key operated override switch, as specified by the Fire Department. 83. All private driveways shall be kept clear of parked vehicles at all time, and shall have posted “NO Parking/Fire Lane - Tow Away Zone” pursuant to Section 17.04.040, Carlsbad Municipal Code. 84. Fire retardant roofs shall be required on all structures. PC EESO NO. 3140 -12- . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1e 19 2c 21 22 21 2L 2: 2t 2: 2t - 85. Brush clearance shall be maintained according to the specifications contained in the City of Carlsbad Landscape Guidelines Manual. 86. 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. 87. Building exceeding 10,000 sq. ft. aggregate floor area shall be sprinklered. Water District: 88. 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. 89. The developeJs 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 improvements plans. 90. 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. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 16th day of January, 1991, by the following vote, to wit: AYES: Chairperson Holmes, Commissioners: Schlehuber, Schramm, McFadden and Hall. NOES: Commissioner Erwin. ABSENT: Commissioner Marc ABSTAIN: None. ATTEST: MICHAEL J. I-&LZMI~ER PLANNING DIRECTOR PC RESO NO. 3140 CARLSBAD PLANNING CtiMMESSION -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ PLANNING COMMISSION RESOLUTION NO. 3141 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAIUSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDOMINIUM PERMIT TO DEVELOP A 145 DWELLING UNIT CONDOMINIUM PROJECT ON PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF ALGA ROAD AND AMBROSIA LANE. CASE NAME: AVIARA - PLANNING AREA 7 CASE NO.: CP 90-2 WHEREAS, a verified application for certain property to wit: Lots 92 and 93 of the City of Carlsbad Tract 85-35, Aviara Phase I, Unit c, has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 7th day of November, 1990, and the 16th day of January, 1991, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map and Condominium Permit. 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 CP 90-2, based on the following findings and subject to the following conditions: l l i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Findings: 1. 2. 3. 4. 5. 6. 7. 8. 9. The project is consistent with Master Plan 177 since the proposed net density of 5.3 du/acre is within the permitted density of 7.9 du/acre as specified within Master Plan 177. The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed. The Planning Commission has, by inclusion of an appropriate condition to this project, ensured building permits will not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. The dedication of the 12.4 acre school site at the intersection of Alga Road and Ambrosia Lane is acceptable as mitigation of the impact to existing Carlsbad Unified School District school facilities. The dedication of a 24.25 acre park site at the northern terminus of Ambrosia Lane satisfies park fee requirements. All necessary public improvements have been provided or will be required as conditions of approval. The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. The proposed project is consistent with the City’s Planned Development Ordinance and also complies with the Design Guidelines Manual. As d&cussed in the staff report, the project is: (1) consistent with the development standards of the Aviara Master Plan 177 and the Planned Development Ordinance; (2) in conformance with the Design Criteria of Master Plan 177; (3) in compliance with the City’s Noise Policy No. 17 as conditioned; and (4) is in conformance with the Mello I Local Coastal Program. PC PESO NO. 3141 -2- .- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. 11. 12. 13. The proposed project is compatible with the surrounding future and existing land uses since surrounding properties are designated for Residential Development (RM/RLM/OS) on the General Plan. This project will not cause any significant environmental impacts and a Mitigated Negative Declaration has been issued by the Planning Director on August 30, 1990, and Recommended for Approval by the Planning Commission on January 16, 1991. In recommending approval of this Mitigated Negative Declaration the Planning Commission has considered the initial study, the staff analysis, all required mitigation measures and any written comments received regarding the significant effects this project could have on the environment. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project is consistent with the City’s Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 19. Conditions: 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . All conditions of approval for CT 90-S as contained in Planning Commission Resolution No. 3140 apply to this approval and are incorporated through this reference. PC RESO NO.3141 -3- 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 16th day of January, 1991, by 2 3 the following vote, to wit: 4 5 6 7 8 9 10 11 12 13 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Chairperson Holmes, Commissioners: Schlehuber, Schramm, McFadden and Hall. Commissioner Erwin. Commissioner Marcus. None. CARLSBAD PLANNING CGMMISSION 15 MICHAEL J. HOL?!MILLkk PLANNING DIRECTOR 16 17 18 19 II 20 21 22 23 24 25 26 27 PC RESO NO. 3141 28 -4- -- APPLld .- ION EXTENDED TO: Februarv 23, 1991 STAFF REPORT DATE: JANUARY 16, 1991 N 0 2 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: CT 90-5/CP 90-2 - AVIARA PLANNING AREA 7 - Request for a 145 dwelling unit Tentative Tract Map and Condominium Permit on property located within the Aviara Master Plan (PA-7) at the northwest corner of the intersection of Alga Road and Ambrosia Lane, in Local Facilities Management Zone 19. I. REXOMMF.NDATION That the Planning Commission ADOPT Planning Commission Resolution No. 3139 recommending APPROVAL of the Mitigated Negative Declaration issued by the Planning Director and ADOPT Planning Commission Resolution No.‘s 3140 and 3141 recommending APPROVAL of CT 90-5/CP 90-2 to the City Council, based on the findings and subject to the conditions contained therein. II. DISCU!S!3ON On November 7, 1990, this project, CT 90-5/CP 90-2, was heard before the Planning Commission. At that time, staff was recommending approval of the project. Although the Planning Commission generally supported the project’s overall design, they did take issue with the location of the project’s common recreation areas and the omission of sidewalks along some of the project driveways. The project applicant indicated a willingness to work with staff to relocate the common recreation area(s) to a more central location and to add sidewalks where possible. In accordance, the Planning Commission voted (5-l Erwin) to continue this project to enable a redesign to address the above mentioned issues. As shown on Exhibits “A” - “C”, the project has been redesigned to address the location of common recreation areas and to provide additional sidewalks as discussed below. Please see attached Staff Report to the Planning Commission, dated November 7, 1990 for other project details and discussion. 1. Common Recreation Areas The project’s former common active recreation area (4400 square feet) at the project entryway along Alga Road has been reduced in area (to 3400 square feet) and converted to a landscaped common passive recreation area. This passive recreation area will include benches and a viewpoint to take advantage of the prime Batiquitos Lagoon views available from this site. The project’s former common passive recreation area (6450 square feet) located between Wigeon Place and Goldfinch Court has been increased in area (to 9450 square feet) and ‘CT 9015/CP 90-2 - A- L &NNING AREA 7 JANUARY 16, 1991 now includes 6500 square feet of active recreational uses (pool, spa, cabana) and 2950 square feet of passive landscaped/lawn area. This revision was accommodated through a redesign of the cul-de-sac system and unit layout in the proximity of this new centralized active recreation area. This redesign accomplishes the primary goal of centralizing the common active recreation area. The redesign also results in a net addition of 2000 square feet of common recreation area, and an additional pedestrian access way from Warbler Court to the proposed common active recreation area. The project’s other common active recreation area along the east side of the SDG&E easement remains as originally proposed. 2. Sidewalks Six hundred and thirty (630) lineal feet of sidewalk has been added to this plan. These new sidewalks are located along the east side of the southern portion of Adoldpia Street, along the north side of Warbler Court extending eastward to the recreation area, in front of building 24, and in front of building 19. No additional sidewalks could be incorporated into the plan without a major project redesign. In that the project has been redesigned to add sidewalks where possible, while not having to undergo a major redesign, staff concludes that this revision responds to the direction of the Planning Commission. In summary, since the proposed project (1) has been redesigned to relocate the common recreation areas and add sidewalks; (2) is in conformance with the development standards of the Aviara Master Plan and the Planned Development Ordinance; (3) is in conformance with the Design Criteria of the Aviara Master Plan; (4) is in compliance with the City’s Noise Policy No. 17 as conditioned; and (5) is in conformance with the Mello I Local Coastal Program and Zone 19 Local Facilities Management Plan, staff recommends approval of CT 90-5/CP 90-2. ATTACHMENTS 1. 2. 3. 4. Z: 7. 8. 9. 10. Attachment “A”, Noise Analysis for Aviara Planning Area 7 11. Planning Commission Staff Report, dated November 7, 1990 12. Exhibits “A” - “U”, dated December 4, 1990 Planning Commission Resolution No. 3139 Planning Commission Resolution No. 3140 Planning Commission Resolution No. 3141 Location Map Background Data Sheet Disclosure Form Local Facilities Impacts Assessment Form Attachment “B”, Response to Notice for a Mitigated Negative Declaration Memos to the Engineering File from the Principal Civil Engineer, dated September 27, 1990 December 4, 1990 CDC:rvo , - BACKGROUND DATA SHEET CASE NO: CT 90-5/CP 90-2 APPLICANT: AVIARA PLANNING AREA 7 REQUEST AND LOCATION: Tentative Tract Mao and Condominium Permit to deVelOD 145 condominium units at the northwest comer of the intersection of Alga Road and Ambrosia Lane. LEGAL DESCRIPTION: Lots 92 and 93 of the Citv of Carlsbad Tract 85-35. Aviara Phase I, Unit C APN: 215-051-10, 215.040-16 Acres 27.2 Proposed No. of Lots/Units 145 DU’s GENERAL PLAN AND ZONING Land Use Designation RLM/OS/RM/N/RC Density Allowed 7.9 DU/AC Density Proposed 5.3 DU/AC Existing Zone PC Proposed Zone PC Surrounding Zoning and Land Use: Zoning Site PC North PC South PC East PC West PC Land Use Vacant and Graded Future Multi-familv Residential (PA-171 Graded Residential Pads (PA-81 Carlsbad Unified School District - Elementary School Aviara Golf Course PUBLIC FACILITIES School District Carlsbad Water Carlsbad Sewer Carlsbad Public Facilities Fee Agreement, Date November 2, 1989 ENVIRONMENTAL IMPACT ASSESSMENT x Mitigated Negative declaration, issued August 30. 1990 - E.I.R. Certified, dated EDU’s Litv of Cii-lsbad .__ ..__ ._ DISCLOSURE STATEMENT APPLICANT’S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON AU APPUCATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE. (Please Print) The following information must be disclosed: 1. 2. 3. 4. Applicant List the names and addresses of all persons having a financial interest in the application. Lyon Communities, Inc. 4490 Von Karman Avenue Newport Beach, CA 92660 Owner List the names and addresses of all persons having any ownership interest in the property involved. Lyon Communities, Inc. 4490 Von Karman Avenue NewDort Beach. CA 92660 If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. William Lyon 4490 Von Karman, Newport Beach 92660 Dick J. Randall & Caroly L. Randall Trust As Above The Frankel Living Trust As Above The William Hartwell Lyon 1987 Trust As Above If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. (Over) .- Disclosure Statement Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes - No x If yes, please indicate person(s) Person is defined as: ‘Any individual, firm, copartnership, joint venture, association, social club, fraternal organbation, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision, or any other group or combination acting as a unit.’ (NOTE: Attach additional pages as necessary.) Lyon Communities, Inc. Print or type name of owner Lyon Communities, Inc. Print or type name of applicant - CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO.: AVTAR A - PI .ANmF.A 7 LOCAL FACILITY MANAGEMENT ZONE: 19GENERAL PLAN: RM ZONING: PC DEVELOPER’S NAME: 1 .YON CfX4kUTNTI”JF.s ADDRESS: e DRTVF.. S1 JITF. 1-W PHONE NO.: ASSESSOR’S PARCEL NO.! 31%Ml-1f1: 2SMn-16 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. m., DU): 9 145 l3lJ s ESTIMATED COMPLETION DATE? A. 8. C. D. E. F. G. H. I. J. City Administrative Facilities: Demand in Square Footage = Library: Demand in Square Footage = Wastewater Treatment Capacity (Calculate with J. Sewer) Park: Demand in Acreage = Drainage: Demand in CFS = Identify Drainage Basin = (Identify master plan facilities on site plan) Circulation: Demand in ADTs = (Identify Trip Distribution on site plan) Fire: Served by Fire Station No. = Open Space: Acreage Provided - Schoois: (Demands to be determined by staff) Sewer: Demand in EDUs - Identify Sub Basin - (Identify trunk line(s) impacted on site plan) Al60 K. Water: Demand in GPD - - nTTACHMENT B One letter of comment was submitted in response to the Mitigated Negative Declaration issued for Aviara - Planning Area 7 (CT 90-5/CP 90-2) (see attached letter from the Department of Water Resources, dated September 20, 1990). The specific comments and responses to these are listed below: LETTER FROM DEPARTMENT OF WATER RESOURCES (1) COMMENT: Recommendations, as they relate to water conservation and flood damage prevention, are attached. RESPONSE: The project has been conditioned to incorporate applicable residential water conservation measures into the project’s design. Due to the proposed project’s location and design, no flood damage impacts are anticipated. f2) COMMENT: We would also like to recommend that you further consider implementing a comprehensive program to use reclaimed water for irrigation purposes. RESPONSE: The project has been conditioned to utilize reclaimed water, if available, for irrigating common landscaped areas. . ftate of $alifornia ; Memorandum Date : SEP 20 1990 The Resources Agency To : 1. Gordon F. Snow, Ph.D. Assistant Secretary for Resources 2. City of Carlsbad 2-75 Las Palmas Drive Carlsbad, CA 92009 Attention: Chris DeCerbo From : Department of Water Resources Los Angeles, CA 90055 Subject : ’ DEIR for Aviara Planning Area 7, a Tentative Tract Map to Develop 150 Condominium Units, SCH 90010848 Your subject document has been reviewed by our Department of Water Resources staff. Recommendations, as they relate to water conservation and flood damage prevention, are attached. After reviewing your report, we also would like to recommend that you further consider implementing a comprehensive program to use reclaimed water for irrigation purposes in order to free fresh water supplies for beneficial uses requiring high quality water supplies. For further information, you may wish to contact John Pariewski at (213) 6.20~3951. Thank you for the opportunity to review and comment on this report. Sincerely, Charles R. White, Chief Planning Branch Southern District Attachments Department of Water Resources Recommendations for Water Conservation and Water Reclamation To reduce water demand, implement the water conservation measures described here. Required The following State laws require water-efficient plumbing fixtures in structures: Health and Safety Code Section 17921.3 requires low-flush toilets and urinals in virtually all buildings as follows: "After January 1, 1983, all new buildings constructed in this state shall use water closets and associated flushometer valves, if any, which are water-conservation water closets as defined by American National Standards Institute Standard All2.19.2, and urinals and associated flushometer valves, if any, that use less than an average of l-1/2 gallons per flush. Blowout water closets and associated flushometer valves are exempt from the requirements of this section." Title 20, California Administrative Code Section 1604(f) (Appliance Efficiency Standards) establishes efficiency standards that give the maximum flow rate of all new showerheads, lavatory faucets, and sink faucets, as specified in the standard approved by the American National Standards Institute on November 16, 1979, and known as ANSI A112.18.1M-1979. Title 20, California Administrative Code Section 1606(b) (Appliance Efficiency Standards) prohibits the sale of fixtures that do not comply with regulations. No new appliance may be sold or offered for sale in California that is not certified by its manufacturer to be in compliance with the provisions of the regulations establishing applicable efficiency standards. Title 24 of the California Administrative Code Section 2-5307(b) (California Energy Conservation Standards for New Buildings) prohibits the installation of fixtures unless the manufacturer has certified to the CEC compliance with the flow rate standards. Title 24, California Administrative Code Sections 2-5352(i) and (j) address pipe insulation requirements, which can reduce water used before hot water reaches equipment or fixtures. These requirements apply to steam and steam-condensate return piping and recirculating hot water piping in attics, garages, crawl spaces, or unheated spaces other than between floors or in interior walls. Insulation of water-heating systems is also required. 0 Health and Safety Code Section 4047 prohibits installation of residential water softening or conditioning appliances unless certain conditions are satisfied. Included is the requirement that, in most instances, the installation of the appliance must be accompanied by water conservation devices on fixtures using softened or conditioned water. 0 Government Code Section 7800 specifies that lavatories in all public facilities constructed after January 1, 1985, be equipped with self-closing faucets that limit flow of hot water. Recommendations to be implemented where applicable Interior: 1. 2. 3. 4. 5. 6. Supply line pressure: Water pressure greater than 50 pounds per square inch (psi) be reduced to 50 psi or less by means of a pressure-reducing valve. Drinking fountains: Drinking fountains be equipped with self-closing valves. Hotel rooms: Conservation reminders be posted in rooms and restrooms.* Thermostatically controlled mixing valve be installed for bath/shower. Laundry facilities: Water-conserving models of washers be used. Restaurants: Water-conserving models of dishwashers be used or spray emitters that have been retrofitted for reduced flow. Drinking water be served upon request only." Ultra-low-flush toilets: l-l/2-gallon per flush toilets be installed in all new construction. Exterior:" 1. Landscape with low water-using plants wherever feasible. 2. Minimize use of lawn by limiting it to lawn-dependent uses, such as playing fields. When lawn is used, require warm season grasses. 3. Group plants of similar water use to reduce overirrigation of low-water-using plants. 4. Provide information to occupants regarding benefits of low-water-using landscaping and sources of additional assistance. *The Department of Water Resources or local water district may aid in developing these materials or providing other information. -2- 5. Use mulch extensively in all landscaped areas. Mulch applied on top of soil will improve the water-holding capacity of the soil by reducing evaporation and soil compaction. 6. Preserve and protect existing trees and shrubs. Established plants are often adapted to low-water-using conditions and their use saves water needed to establish replacement vegetation. 7. Install efficient irrigation systems that minimize runoff and evaporation and maximize the water that will reach the plant roots. Drip irrigation, soil moisture sensors, and automatic irrigation systems are a few methods of increasing irrigation efficiency. 8. Use pervious paving material whenever feasible to reduce surface water runoff and to aid in ground water recharge. 9. Grade slopes so that runoff of surface water is minimized. 10. Investigate the feasibility of using reclaimed waste water, stored rainwater, or grey water for irrigation. 11. Encourage cluster development, which can reduce the amount of land being converted to urban use. This will reduce the amount of impervious paving created and thereby aid in ground water recharge. 12. Preserve existing natural drainage areas and encourage the incorporation of natural drainage systems in new developments. This aids ground water recharge. 13. To aid in ground water recharge, preserve flood plains and aquifer recharge areas as open space. -3- L c 4 * . Department of Water Resources Recommendations for Flood Damage Prevention In flood-prone areas, flood damage prevention measures required to protect a proposed development should be based on the following guidelines: 1. 2. 3. 4. 5. 6. 7. 8. It is the State's policy to conserve water: any potential loss to ground water should be mitigated. All building structures should be protected against a loo-year flood. In those areas not covered by a Flood Insurance Rate Map or Flood . Boundary and Floodway Map, issued by the Federal Emergency Management Agency. the loo-year flood elevation and boundary should be shown in the Environmental Impact Report. At least one route of ingress and egress to the development should be available during a loo-year flood. The slope and foundation designs for all structures should be based on detailed soils and engineering studies, especially for hillside developments. Revegetation of disturbed or newly constructed slopes should be done as soon as possible (utilizing native or low-water-using plant material). The potential damage to the proposed development by mudflow should be assessed and mitigated as required. Grading should be limited to dry months to minimize problems associated with sediment transport during construction. -4- September 27, 1990 TO: ENGINEERING FILE FROM: Principal Civil Engineer - LURD LYON COMMUNITIES, INC. REQUEST FOR A MINOR STANDARD VARIANCE - CT 90- 05/PUD 90-02 - SV 90-17 The Lyon Community Developer has requested a variance from City Design Standards. In accordance with Private Street/Driveway Design Criteria of the City Standards, the Engineering Department shall have the authority as an administrative act to grant variances to the City Standards provided the following findings can be met: 1. That there are extraordinary or unusual circumstances or conditions applicable to the situation of surrounding property necessitating a variance of the Standards. 2. That the granting of such variance will not cause substantial drainage problems. 3. That the granting of such variance will not conflict with existing or future traffic and parking demands or pedestrian or bicycle use. 4. That the granting of such variance will not be detrimental to the public welfare or injurious to the property or improvements in the vicinity in which the variance is granted. 5. That the granting of such variance will not adversely affect the comprehensive general plan. City staff has reviewed the variance request and has determined the following in this memorandum. Location: North of Alga Road and west of Ambrosia Lane in Aviara. Request: Reduce sidewalk width to four feet from standard five feet. Reason: To allow circulation through a constrained site. Staff Determination: Approve Explanation: Staff believes the five findings can be made for this standards variance request as follows: Lyon Communities, Inc. SV 90-17 September 27, 1990 Page: 2 A. The project lies within a confined triangular shaped lot. The applicant is proposing a gated community with pedestrian sidewalk circulation provided throughout the site. The sidewalk circulation will occur on four foot width sidewalks rather than the standard five foot. Handicap access is maintained and there will be no obstruction located within the sidewalk. B. The variance request will have no impact on proposed drainage courses. C. This project is a gated community and is not a part of a public circulation system. Since it does not provide access to outside areas all conflicts with existing or future traffic, parking demands and pedestrian or bicycle use in the area are eliminated. D. The granting of a variance will not be harmful to the public, property, or improvements for the following reasons: (1) Adequate unobstructed sidewalk width is maintained to allow handicap circulation; (2) This is a gated community, the majority of the people using the sidewalks will be people who live here and are familiar with the streets. E. The project area as designed, complies with the City’s adopted General Plan, Zoning and Master Pan (M-P. 177). ROBERT J. WOJCIK Principal Civil Engineer RJW:SLH:rz September 27, 1990 TO: ENGINEERING FILE FROM: Principal Civil Engineer - LURD LYON COMMUNITIES, INC. REQUEST FOR A MAJOR STANDARD VARIANCE CT 90-05/PUD 90-02 - SV 90-l 8 The Lyon Community Developer has requested a variance from City Design Standards. In accordance with Private Street/Driveway Design Criteria of the City Standards, the City Engineer shall have the authority as an administrative act to grant variances to the City Standards provided the following findings can be met: 1. That there are extraordinary or unusual circumstances or conditions applicable to the situation of surrounding property necessitating a variance of the Standards. 2. That the granting of such variance will not cause substantial drainage problems. 3. That the granting of such variance will not conflict with existing or future traffic and parking demands or pedestrian or bicycle use. 4. That the granting of such variance will not be detrimental to the public welfare or injurious to the property or improvements in the vicinity in which the variance is granted. 5. That the granting of such variance will not adversely affect the comprehensive general plan. City staff has reviewed the variance request and is determining the following in this memorandum. Location: North of Alga Road and west of Ambrosia Lane in Aviara. Request: The deletion of sidewalks on both sides of the following private streets: Woodpecker Court, Wigeon Place, a portion of Adolphia Street, a portion of Plover Court, Chamisal Court, Warbler Court, Harrier Court and Ceanothus Court. These private streets are less than 150 feet in length and access eight or less units. The deletion of sidewalks on one side of the following streets: the end of Adolphia Street, a portion of Baccharis Avenue, the northern end of Sand Aster Drive, a portion of Plover Court and Goldfinch Court. These private streets do not access more than eight units. To open the project site up and to allow for more landscaping and less hardscape. Private streets, where sidewalks have been restricted to one side or deleted are short and in effect act as driveways. Lyon Communities, Inc. SV 80-18 September 27, 1990 Staff Determination: Explanation: Page: 2 When sidewalks are deleted on both sides, no more than 8 units utilize the street. When sidewalks are deleted on one side, the number of units is greater but the streets are not part of the main circulation pattern. Approve Staff believes the five findings can be made for this standards variance request as follows: A. B. C. D. The Planned Development Ordinance provides flexibility for innovate site design. Aviara Planning Area 7 is a privately owned and maintained gated community which combines open space areas with a village concept and abundant landscaping. The design provides the deletion of sidewalks on both sides of the short private driveways which do not provide through access. Sidewalks are maintained on both sides of the street on the main private streets and provide access to both the passive and active recreation areas, The deletion of sidewalks on these private driveways allows for more effective landscaping and less hardscape on these slightly curvilinear private streets. In addition, the deletion of sidewalks promote greater safety because the five foot minimum building setbacks are measured from the back of curb. The addition of a sidewalk would allow 10’ which would promote vehicles to park in driveways and overhang into the street. Since these streets are short not through streets, speeds will remain low. The granting of the variance will have no affect on proposed drainage courses. The sidewalk plan is designed to enhance pedestrian needs as it relates to destination areas within the gated community, such as guest parking, recreation facilities, and entrances to the dwelling units. The design provides a pedestrian circulation system through the project which is both safe and effective. The sidewalk is located on the main private streets in this development. Sidewalk access to main common areas is maintained with many of the units fronting on the Lyon Communities, Inc. SV 90-18 September 27, 1990 Page: 3 shorter not through private driveways and pedestrian circulation occurring on sidewalks where there are fewer driveway cuts to minimize conflict between pedestrians and automobiles. E. The granting of this variance will not adversely affect the City’s adopted General Plan, Zoning and Master Plan (MP 177). ROBERT J. WOJCIK Principal Civil Engineer RJW:SLH:rz September 27, 1990 TO: ENGINEERING FILE FROM: Principal Civil Engineer - LURD LYON COMMUNITIES, INC. REQUEST FOR A MAJOR STANDARD VARIANCE - CT 90- OS/PUD 90-02 - SV 90-19 The Lyon Community Developer has requested a variance from City Design Standards. In accordance with Private Street/Driveway Design Criteria of the City Standards, the Engineering Department shall have the authority as an administrative act to grant variances to the City Standards provided the following findings can be met: 1. That there are extraordinary or unusual circumstances or conditions applicable to the situation of surrounding property necessitating a variance of the Standards. 2. That the granting of such variance will not cause substantial drainage problems. 3. That the granting of such variance will not conflict with existing or future traffic and parking demands or pedestrian or bicycle use. 4. That the granting of such variance will not be detrimental to the public welfare or injurious to the property or improvements in the vicinity in which the variance is granted. 5. That the granting of such variance will not adversely affect the comprehensive general plan. City staff has reviewed the variance request and has determined the following in this memorandum. Location: North of Alga Road and west of Ambrosia Lane in Aviara. Request: Reduce centerline radii on 14 curves throughout the project site and to eliminate the standard knuckle on 90” turns. Reason: Curvilinear streetscape results in both visual relief and interest, Staff Determination: Approve Explanation: Staff believes the five findings can be made for this standards variance request as follows: . . . 4 3 Lyon Communities, Inc. SV 90-19 September 27, 1990 Page: 2 A. The project area is a gated community which has unusual constraints imposed by the existing graded pads. The Planned Development Ordinance provides flexibility for innovative site design which the developer has used to introduce visibly pleasing curvilinear streets. Curvilinear streetscape results in both visual relief and interest. In addition, curvilinear streets promote greater safety and reduced speeds as compared with wider straighter streets. The standards knuckles have been eliminated as they are normally required to provide additional frontage for units adjacent to the knuckle area. Since the project proposes air space condominiums, no such need exists. B. The variance request will have no impact on proposed drainage courses. C. The project area is a self contained gated community and does not provide access or parking to outside areas, thereby eliminating conflict with existing or future traffic, parking demands and pedestrian or bicycle use in the area. D. The granting of a variance will not be harmful to the public, property, or improvements for the following reasons: (1) Adequate unobstructed sidewalk width is maintained to allow handicap circulation; (2) This is a gated community, the majority of the people using the sidewalks will be people who live here and are familiar with the streets. E. The project area as designed, complies with the City’s adopted General Plan, Zoning and Master Pan (M.P. 177). ROBERT J. WOJCIK Principal Civil Engineer RJW:SLH:rz ATTACHMENT “A” NOISE ANALYSIS FOR AVIARA PLANNING AREA 7 CITY 01; CARLSBAD Report #. YO- 166 June 22, 1990 . . Prepared For: Ifurrsnkcr & Associates 10179 Huennekens St. Suite 200 San Diego, CA 92121 Prepared By: Vincent Mestre, P.E. William Bloomer MESTRE GREVE ASSOCIATES 280 Newport Cen ter Drive Suite 230 Newport Beach, CA 92660-7528 (7 14)760-089 1 NOISE ANALYSIS FOR AVIARA PLANNING AREA 7 Ci’I’Y OF CARLSIIAD 1 .O IN’I’lIODUCTION The purpose of this report is to demonstrate compliance of the Aviara Planning Area 7 with the noise related ‘Conditions of Approval’ placed on the project by the City of Carlsbad. The project calls for the dcvcloprnent of single-family attached dwelling units. The report addresses the future cxtcrior noise levels at the yards and at the homes. TIK projcc1 is locatcrl in the City of Carlsbnd norlh of the intersection of Alga Road and Batiquitos Drive i\tltl is bounded on the cast by Ambrosia Lane as shown in Exhibit 1 and 2. The project will bc inll~~ctc(I by traffic noise from Alga Road which borders the southern portion of the project. This sludy dctcrmines any mitigation measures required to meet the City’s exterior noise standards. 2.0 NOISE CRl’i’ERIA ‘I’he City of Carlsbad specifies outdoor and indoor noise limits for residential land-uses. Both standards are based upon the CNEL index. CNEL or Community Noise Equivalent Level is a 24 hour time weighkd annual average noise Ievcl based on the A-weighted decibel. A-weighting is a frequency correction that correlates overall sound pressure levels with the frequency of the human ear. Time weighting refers to the fact that noise that occurs during certain sensitive time periods is pennlized for occurring at these times. The evening time period (7 PM to 10 PM) penalizes noises by 5 dB while nighttime (IO PM to 7 AM) noises are penalized by 10 dB. These time periods and penalries were selected to reflect peoples sensitivity to noise as a function of activity. The City of G-ulsbad has recently adopted an exterior noise standard of GO CNEL for a six foot obscrvtr located five feet from the edge of rear yard. In addition the City has decided upon an interior noise standard of 45 CNEL. 3.0 nIIxllouoLoc;Y The traffic noise levels projected in this report were computed using the IIighway Noise Model published by the Federal Highway Administration (“FHWA Highway Traffic Noise Prediction Model”, Ff IWA-RD-77-108, December 1978). The E;I-IWA Model uses traffic volume, vehicle mix, vehicle speed, and roadway geometry to compute the “equivalent noise level”. A conlputer code has been wriltcn which computes equivalent noise levels for each of the time periods used in CNEL. Weighting these noise levels and summing them results in the CNEL for the traffic projections used. CNEL contours are found by iterating over many distances until the distance to 60, 65, and 70 CNEL contours are found. Page 1 - -- 6 . . JECT SITE Exhibit 1 Viciui ty Map Exhibit 2 - Site Plan MESI‘RE CiREVE ASSOCIATES A noise emission curve was used in the modeling process which represents the Southern California area. CALTRANS has produced vehicle emission curves for automobiles, medium trucks and heavy trucks based on a survey of vehicles in the State of California. These noise emission curves are called the “Calveno” curves (‘California Vehicle Noise Emission Levels,” CALTRANS, Report Number 54328-604214, January 1987). The analysis was modeled using a proprietary spreadsheet version of the FHWA-RD-77-108 procedure developed by Mestre Greve Associates using Microsoft Excel Version 2.2. Mitigation through the design and construction of a noise barrier (wall, berm, or combination wall/berm) is the most common way of alleviating traffic noise impacts. The effect of a noise barrier is critically dependent on the geometry between the noise source and the receiver. A noise barrier effect occurs when the “line of sight” between the source and receiver is penetrated by the barrier. The greater the penetration the greater the noise reduction. The FHWA model was also used here in compu tetized format to determine barrier heights. 4.0 ROADWAY NOISE EXPOSURE The future (year 2010) traffic volume for Alga Road was obtained from our noise contour study for the Noise Element of the City of Carlsbad General Plan dated April 26, 1990. The future average daily traffic volutnes for Alga Road west of Batiquitos Drive and east of Batiquitos Drive are 25,400 and 37,300 respectively. A vehicle speed of 40 miles per hour was utilized. Truck mixes for each of the time periods used in the CNEL calculation are presented in Table 1. The traffic distribution estimates are based upon traffic surveys, and are considered typical for arterials in Southern California. Table 1 TRAFFIC DISTRIBUTION PER TIME OF DAY IN PERCENT OF ADT VEHICLE TYPE DAY EVENING NIGHT Automobile 75.99 11.69 9.74 Medium Truck 1.44 0.22 0.18 Heavy Truck 0.58 0.09 0.07 Using the assumptions presented above, the future noise levels were computed. The results are reported here in Table 2 in terms of distances to the 60,65, and 70 CNEL contours. These represent the distances from the centerline of the roadway to the contour value shown. Note that the values given in Table 2 do not take into account the effect of intervening topography that may affect the roadway noise exposure. Topographic effects are included in subsequent analyses to determine the actual noise exposure on the project site. In addition, these projections do not include any future vehicle noise reduction assumptions to take into account the effects of legislation requiring quieter vehicles in the future. Page 2 Table 2 DISTANCE TO NOISE CONTOURS FOR FUTURE TRAFFIC CONDITIONS DISTANCE TO CNEL CONTOUR m) ROADWAY SEGMENT % GRADE -7o- -65 -60 Alga Road (West of Batiquitos Drive) 6 % 48 103 222 (East of Batiquitos Drive) < 3 % 59 127 274 The results in Table 2 and the site plan indicate that some of the rear yard areas along Alga Road will be exposed to traftic noise levels in excess of 60 CNEL. Rear yard observers along Alga Road will experience a worst case traffic noise level of 68.8 CNEL for the yard area at Building 22. Therefore some form of exterior mitigation will be required to meet the exterior standard for the homes along Alga Road. Page 3 \ A 4 5.0 EXTERIOR NOISE MITIGATION Tbe rear yard observers will be exposed to worst case traffic noise levels of 68.8 CNEL and thus exterior noise mitigation is required for rear yard areas along Alga Road. Representative cross- sections along the roadway (see Appendix for anaIysis data) were analyzed utilizing the FHWA Model to determine the necessary sound wall heights. Required noise barrier heights and locations to meet the City’s 60 CNEL outdoor noise standard are shown in Table 3 and Exhibit 3, In addition, Table 3 and Exhibit 4 show the sound wall heights required to meet a 65 CNEL rear yard noise level. No second floor balconies are proposed for the project, Wallfberm combinations should be considered for total barrier height requirements of greater than 6.0 feet in order to maintain the 6.0’ maximum wall height requirement for the City of Cadsbad. Table 3 REQUIRED SOUND WALLS BUILDINGIUNI’T REQUIRED BARRIER HEIGHTS (FT)* To Meet City’s 60 CNEL Standard To Meet 65 CNEL REAR YARD MITIGATION ~~6/~~ (side) 5.5 7.0*** 3:5 371127 7.5*** 371130 8.0+“* 2: 21171 7 o*** 21173 8:5*** 2: 22/75 8 5*** 22i78 8:5*+* 2 1 l/33 7.0*** 5:s 1 l/35 7-o*** 12J38 1 U40 (side) 2: ;:; . * height above top of slope (see Exhibit 3 and 4) ** noise barrier not required *** indicates total hei 8 ht of wall/berm combination with the wall portion not to exceed 6.0 . The noise barriers are r uircd to have a surface density of at least 3.5 pounds per square foot, and have no openings or crac “% s. T%ey may be constructed of wood studs with stucco exterior, l/4 inch plate glass, 5/8 inch plexiglass, any masonry material, or a combination of these materials. Wood and other materials may be acceptable if properly designed as a noise barrier. The required sound wall may also consist of a wall/berm combination so that the total height of the wall plus the berm amounts to the required noise barrier height. Page 4 ***END*** . - b d B h 1 ,tr, vi _: , \ 1 - 7.0 INTERIOR NOISE MITIGATION The project must comply with the City of Carlsbad indoor noise standard of 45 CNEI,. To meet the interior noise standard, the buildings tnust provide sufficient outdoor to indoor building attenuation to reduce the noise levels down to acceptable levels. The outdoor to indoor noise reduction characteristics of a building are determined by combining the transmission loss of ci\cII of the building elements which make up the building. Each unique building element has a clrnrnctelistic transmission loss. For residential units, the critical building elements are the roof, walls, windows, doors, attic configuration and insulation. The total noise reduction achieved is dependent on the transmission loss of each element and the area of that element in relation to the total surface area of the room. Room absorption is the final factor used in determining the total noise reduction. The proposed dwelling units will be exposed to a worst case noise level of 66.4 CNEI, at 13uildi[lg 22. Therefore homes will require a maximum outdoor to indoor noise reduction of 2 1.4 dI3 to meet the 45 CNEL indoor noise standard. Engineering calculations showing building attenuntiou arc required for homes requiring greater than 20 dB outdoor to indoor noise reduction. Interior mitigation measures will be addressed in a future interior noise study when precise arcllitcctur;\I drawings become available. With windows open, the outdoor to indoor noise reduction of a building TAls to 1.5 dBA. ‘l‘llereforc for those homes experiencing a noise level greater than 60 CNEL windows must remain closed to meet the indoor noise stand,ard. In order to assume that windows can remain closed (0 achieve this required attenuation, adequate ventilation with windows closed must be provided per Urliform Building Code. This can be achieved with mechanical ventilation to provide fresh air. The system must supply two air changes per hour to each habitable room including 20 9% fresh make-up air obtained directly from the outside. The fresh air inlet duct will be of sound attenuating construction and shall consist of a minimum of ten feet of straight or curved duct, or six feet plus one sharp 90 degree bend. Mechanical ventilation will be required for those homes shown i11 Tabl&/u~d Exhibit 3J Table 4 IlUILDINGS REQUIRING MECIIANICAL VENTILATION 11, 12, 21, 22, 36, 37 Page 5 AI’PENDIX DATA USED TO DESIGN NOISE BARRIERS ALONG ALGA ROAD ALONG ALGA ROAD (Il’esf of Batiqrrilos Drive) I ’ Road * Dislance Base Of Dist. To Pad 1 I BId_9Unil Elevation To Wail Wall Observer Elevation 36,‘126 120.5 109 141.5 114 141.5 36'126 123.5 84 141.5 89 141.5 37/127 129 76 141.5 81 141.5 37130 133.5 70 141.5 75 141.5 ALONG ALGA ROAD (Easf of 23afiqrtifos ‘Drive) Bldg./Unit 21/71 21/73 22/75 22/78 I l/33 I l/36 12/38 12/40 fIoad Dislance Base Of Dish To Pad Elevation To Wall Wall Observer Elevation 139.5 93 148 98 148 140.5 77 148 82 748 141.5 70 148 75 148 141.5 66 150 71 150 138.5 90 160 95 160 135 97 160 702 160 131.5 105 160 710 760 129 123 160 128 160 Page 6 DATE: TO: FROM: SUBJECT: STAFF REPORT NOVEMBER 7,199O 0 6 PLANNING COMMISSION PLANNING DEPARTMENT CT 90-SKP 90-2 - AVIARA PLANNING AREA 7 - Request for a 145 dwelling unit Tentative Tract Map and Condominium Permit on property located within the Aviara Master Plan (PA-7) at the northwest comer of the intersection of Alga Road and Ambrosia Lane, in Local Facilities Management Zone 19. I. RECOMMENDATION -. APPL. -1. r-ION COMPLETE DATE: Mav 23. 1990 GtJ That the Planning Commission ADOPT Planning Commission Resolution No. 3139 recommending APPROVAL of the Mitigated Negative Declaration issued by the Planning Director and ADOPT Planning Commission Resolution No.‘s 3140 and 3141 recommending APPROVAL of CT 90-5/CP 90-2 to the City Council, based on the findings and subject to the conditions contained therein. II. PROJECI’ D E!XMPTION AND BACKGROUND The applicant is requesting approval of a 145 dwelling unit Tentative Tract Map and Condominium Permit, located as described above. The subject property is located within Phase I of the Aviara Master Plan which is zoned PC and which is under a Combination General Plan Designation of RLM/RM/OS/RC/N. The specific project site (Planning Area 7) is designated for a maximum density of 7.9 du/acre. The property is also located within the Coastal Zone (Mello I) and will require a Coastal Permit issued by the California Coastal Commission. The proposed Tentative Tract Map and Condo Permit would be located on a 27.2 acre site and have a density of 5.3 du/acre. This density is below the site’s maximum permitted density of 7.9 du/acre. As shown on Exhibits “A” - “C”, the proposed project would consist of 145 townhome units to be developed as 6 duplex, 15 triplex and 22 four-plex structures. All of the structures will be two stories in height (ranging between 29.5 and 31 feet measured to the tallest roof peaks). Three different plan types are proposed ranging in size from 1885 square feet to 2200 square feet. The architecture of the proposed structures is Italian Classical in style, incorporating low pitched “S-tile” roofs, exposed rafter tails, light colored stucco exteriors, decorative columns and balusters on balconies with recessed windows. A 150 foot wide SDG&E utility easement runs northwest to southeast through the center of the project. In consideration of this constraint, the Site Plan has been laid out to create a project neighborhood on each side of this utility easement. The neighborhood to the west of the easement would be accessed off of Alga Road and the one to the east off of Ambrosia Lane. Each of the ’ CT 9&5/CP 90-2 - AVIARA ,.JNING AREA 7 NOVEMBER 7,199O PAGE 2 - neighborhoods will include a common active recreation area (pool, spa and restroom to the west and pool and restroom to the east). In addition, the project applicant is proposing to create a landscaped par course and viewpoint for common active use within the SDG&E easement (see Exhibit “S”). A 40 foot wide common open space area provides visual access to this landscaped par course. Pedestrian access is provided at the eastern terminus of Baccharis Avenue and Adolphis Street. Each of the dwelling units will also include a minimum 15’ x 15’ fenced exclusive use rear-yard area ranging from 420 square feet to 1000 square feet in area. The project site has already been pregraded consistent with the approved grading plans for Phase I Aviara (CT 85-35). A Coastal Sage Scrub dominated open space corridor runs north to south within the western portion of the property and a grove of oak trees is located within the center of the site immediately west of the SDG&E easement. The project has been designed to preserve these resources in open space. The site is surrounded by future multi-family residential (PA-17) to the north, vacant and graded Planning Area 8 (small lot single family) to the south, newly constructed Carlsbad Unified School District Elementary School to the east and the Aviara Golf Course to the west. III. ANALYSIS Planning Issues 1. 2. 3. 4. 5. 6. 7. Does the proposed project conform to the development standards of the Aviara Master Plan and the Planned Development Ordinance? Does the project conform to the design criteria of the Aviara Master Plan? Is the proposed project, as designed, in compliance with the City’s Noise Policy No. 17? Is the proposed project in compliance with the Mello I Local Coastal Program as implemented through the Aviara Master Plan 177? Is the proposed project consistent with the Zone 19 Local Facilities Management Plan? Are all conditioned offsite improvements necessary for the development of the project? Are the proposed model units consistent with Carlsbad Municipal Code? DISCUSSION MASTER PLAN DEVELOPMENT STANDARDS As proposed, the project complies with all Planning Area specific development standards of the Aviara Master Plan and all other development standards of the Planned Development Ordinance. Specifically, all structures are: 1. Separated by a minimum of 20 feet, 2. Setback a minimum of 50 feet from Alga Road, 3. Setback a minimum of 25 feet from Ambrosia Lane, ’ CT 90-5/CP 90-2 - AVIARA PI, tiNING AREA 7 NOVEMBER 7, 1990 PAGE 3 4. Setback a minimum of 20 feet and 5 feet from fronting private residential streets and driveways respectively, and 5. Setback a minimum of 30 feet from the SDG&E easement. As discussed earlier, all structures will be below the maximum permitted 35 foot height limit. All of the units will have a two-car garage with a minimum dimension of 400 square feet. This will provide the adequate space to fulfill the Planned Development Ordinance storage requirements as well as provide parking for two cars. More than adequate guest parking spaces (24 bay and 28 parallel) will be provided throughout the project. A minimum of 39 guest spaces are required. Each unit will include a minimum 420 square foot exclusive use rearyard area. In addition, two common active recreation areas (9583 sq. ft.), two common passive recreation areas (9147 sq. ft.), and a par course with the landscaped SDG&E easement will also be provided. With regard to R.V. parking, staff has conditioned that the Master Plan’s recreational vehicle parking area (Planning Area 23), with an all weather access road to it, be available prior to the occupancy of any residential units within this Planning Area. MASTER PLAN DESIGN CRITERIA The proposed project also complies with the Aviara Master Plan design criteria regarding site design, open space preservation, landscaping, entry treatments, fencing, trails and noise mitigation. Specifically, the project has been designed to incorporate curvilinear streets, stepped building footprints and informal building sitings thereby providing a Mediterranean hilltown appearance. Adequately spaced units (minimum 20 feet separation) have been sited to provide views of the Aviara Golf Course, Batiquitos Lagoon, the project’s western open space corridor, and the SDG&E easement which will be richly landscaped by the developer. These open space amenities, in association with the project’s proposed common active and passive recreation areas, will function to open the project up. The above mentioned design treatments, incorporated with strong architectural relief features, rich project landscaping and enhanced pavement treatments at project entries, function to create a comprehensive, innovative and desirable living environment. The project as proposed also preserves the Master Plan delineated open space areas (i.e. portions of Lots 38,44,45 and 50 as shown on Exhibits “D” - “F”). NOISE POLICY - 17 The project is located within 500 feet of Alga Road and within 3 miles of the McClellan-Palomar Airport and in accordance, is subject to compliance with the City’s Noise Policy No. 17. The Noise Policy requires that noise be mitigated to 60 dB(A) five feet inside the project’s property line at six feet above finished grade, and above the first floor/story if usable exterior space is provided. In this project, the rearyards for buildings 11,12,21,22,43 and unit 141 of building 42 and the street sideyards for unit 141 of building 42 and unit 40 of building 12 along Alga Road would be impacted by traffic noise. As shown in the acoustical study for the proposed project (see Attachment “A”), required noise barriers (wall/berm) which would need to be constructed at the top of slope along Alga Road in order to reduce rearyard noise levels to 60 dB(A) would be between 5.5 feet and 8.5 feet tall. Otherwise, the acoustical analysis specifies that compliance with Noise Policy No. 17 shall require that mechanical ventilation be required for all units in buildings 11, 12,21,22,42 and 43. All above noise mitigations have been conditioned to be incorporated ’ CT 965/CP 90-2 - AVIARA ha.NNING AREA 7 NOVEMBER 7,199O PAGE 4 into the project. In addition, since the project site is located within 3 miles of Palomar-McClellan Airport, the owner of the property has been conditioned to record a notice and post adequate onsite signage, which identifies that the property is subject to overflight, sight and sound of aircraft operating from Palomar Airport. MELLO I LOCAL COASTAL PROGRAM As proposed, this project is consistent with all policies of the underlying Mello I Local Coastal Program as implemented through Master Plan 177. Specifically, all portions of the property which were placed under open space deed restrictions by the California Coastal Commission (portions of Lots 38, 44,45 and 50) are being preserved in open space. GROWTH MANAGEMENT ORDINANCE The project is located in Local Facilities Management Zone 19 in the southwest quadrant. At the project dwelling unit count (145 units) the proposed project is 95 dwelling units below that allowed per Local Facilities Management Zone 19. All public utilities and services will be available to serve the project. The impacts on public facilities created by the proposed project and compliance with adopted performance standards are summarized below: Facilitv Standard Impacts City Administration 537.44 sq. ft. Library 286.81 sq. ft. Waste water 145 EDU’s Parks 1.074 acres Drainage N/A Circulation 1160 ADT Fire Station’s #2 & #4 Schools N/A Sewer Collection 145 EDU’s Water Distribution 31,900 GPD Open Space N/A Comnliance with Standard YES YES YES YES YES YES YES YES YES YES YES OFFSITE IMPROVEMENTS This project has been conditioned to install offsite improvements to Alga Road between Mimosa Street and El Camino Real. These improvements were initially required by the Zone 19 and Zone 6 Local Facility Plans at a later date. The construction of the Plaza Paseo Real commercial project and other projects in the area including this project has advanced the timetable for construction of these improvements to Alga Road. The required offsite improvements are needed now in order that the project traffic impacts will not result in a failure of the adopted Growth Management Standard. The Four Seasons Hotel site as well as several other proposed and approved projects, have been or will be conditioned to participate in all or a portion of the improvements. Staff is currently working with these developers on a program to equitably distribute costs of those improvements and to obtain the needed dedications from the affected property owners. . * CT 90-5/CP 90-2 - AVIARA I’MNING AREA 7 NOVEMBER 7,199O PAGE 5 MODEL UNIT CODE CONSISTENCY The project proposes three model units. The applicant desires to grade and build these model units prior to final map approval. Model units prior to final map approval are allowed pursuant to Carlsbad Municipal Code 21.06.030. Clearing, grubbing and grading prior to final map approval are not allowed per the Code. The Planning Commission has the authority to approve grading prior to final map approval. The applicant has included a site plan showing the grading necessary and all required improvements associated with the model units. The site has been previously graded and erosion control requirements are being complied with. A condition allowing the grading for the model units and associated improvements prior to final map is a part of the tentative map approval. ENGINEERING DEVELOPMENT STANDARDS The applicant has requested approval of two major standard variances and one minor standard variance. Major and minor standards variances are granted administratively pursuant to the private Street/Driveway Design Criteria. The two major standard variances are: A. The deletion of sidewalks on not-through streets less than 150 feet in length serving 8 units or less. B. The reduction of centerline radii on 14 curves throughout the project site and the elimination of the standard knuckle on 90” turns. The City Engineer approved both standard variances as discussed below. A. Standard Variance for Sidewalk The Engineering standards currently require sidewalks on both sides of the public and private street. The applicant has requested the deletion of sidewalks on both sides of eight not through streets less than 150 feet in length and accessing eight or less units. The applicant also requested the deletion of sidewalks on one side of five not through streets accessing eight or less units. The not through streets essentially act as driveways and are consistent with City Policy. B. Standard Variance for Centerline Radii and Elimination of the Standard Knuckle on 90’ Turns. Engineering standards currently require centerline radii on cul-de-sacs to be a minimum 200 feet and that 90 ’ turns use a standard knuckle. The applicant has requested a variance to reduce the centerline radii on 14 curves throughout the project site. The intent of the minimum centerline radius is to assure sight distance is maintained. Sight distance at a design speed of 20 mph has been maintained. The purpose of the standard knuckle is to provide additional frontage for units adjacent to the knuckle area. Since these are airspace condominium units no such need exists. These requests are consistent with City Policy. ’ CT gd-5/CP 90-2 - AVIARA I’L..NNING AREA 7 NOVEMBER 7,199O PAGE 6 The minor standard variance approved administratively involves sidewalk width. City standards require sidewalks to be five feet wide. The applicant applied for a minor variance to put in sidewalks which are four feet wide. A four foot width is the minimum allowed to maintain handicap access. Since pedestrian access can be safely maintained, the request for variance was granted. 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 August 30,199O. The environmental analysis, along with the field checks by staff, identified that because: (1) the project site has already been reviewed within the Aviara Master Plan EIR 83-2(A); (2) the site has been previously rough graded; and (3) the project will not encroach into the deed restricted Coastal Sage Scrub and oak grove located on the site, no project specific environmental impacts are anticipated. However, mitigation measures (i.e. sound attenuation wall and mechanical ventilation as described in the Acoustical Analysis for PA-7) for traffic noise impacts from Alga Road shall be required to be incorporated into the project design prior to the occupancy of any project dwelling units. There was one letter of comment received during the public review period for this Mitigated Negative Declaration. This letter of comment and staffs response is included as Attachment “B”. In summary, since the proposed project is: (1) in conformance with the development standards of the Aviara Master Plan and the Planned Development Ordinance; (2) in conformance with the Design Criteria of the Aviara Master Plan; (3) in compliance with the City’s Noise Policy No. 17 as conditioned; and (4) is in conformance with the Mello I Local Coastal Program and Zone 19 Local Facilities Management Plan, staff recommends approval of CT 90-5KP 90-2. ATTACHMENTS 1. 2. 3. 4. 2: 7. 8. 9. 10. 11. Planning Commission Resolution No. 3139 Planning Commission Resolution No. 3140 Planning Commission Resolution No. 3141 Location Map Background Data Sheet Disclosure Form Local Facilities Impacts Assessment Form Attachment “B”, Response to Notice for a Mitigated Negative Declaration Memos to the Engineering File from the Principal Civil Engineer, dated September 27,199O Attachment “A”, Noise Analysis for Aviara Planning Area 7 Exhibits “A” - “U”, dated September 24, 1990 September 17, 1990 CDC:rvo 1 , F t I Q P MINUTE3 January 16, 1991 PLANNING COMMISSION Page 2 COMMISSIONERS Y PUBLIC HEARING ITEM: 2) CT 90-5/CP 90-2 - AVIARA PLANNING ARHA 7 - Request for a 145 dwelling unit Tentative Tract Map and Condominium Permit on property located within the Aviara Master Plan (PA-7) at the northwest corner of the intersection of Alga Road and Ambrosia Lane, in Local Facilities Management Zone 19. Commissioner Schlehuber requested that the record show he was not present at the November 7, 1990 meeting but that he had reviewed the tape and read the minutes of that meeting. Chris DeCerbo, Senior Planner, reviewed the background of the request and stated that on November 7, 1990 this project was heard before the Planning Commission and was continued to allow the developer an opportunity to add sidewalks (where possible) and relocate the common recreation areas to a more central location. The project has now been redesigned which resulted in an increase of 2,000 s.f. of recreation area. In addition, 630 linear ft. of sidewalk has been added. The project is now separated into two areas which are divided by the SDG&E easement. Staff recommends approval. Commissioner McFadden requested staff to show where the sidewalks were added. Mr. DeCerbo showed the location of the sidewalks with the aide of a wall map. Commissioner McFadden inquired if the trail system will be lighted. Mr. DeCerbo replied that it would not. Commissioner Schramm inquired if the estimated ADT's would be 1,200 or 1,160. Mr. DeCerbo replied that the estimated ADT's is 1,160 and that there was an error in the staff report. Chairman Holmes opened the public testimony and issued the invitation to speak. Mark Pearlman, Lyon Communities, San Diego, addressed the Commission and stated that they had moved the location of the recreation area and increased the size by 100X. This also resulted in an elimination of 100 linear ft. of retaining wall along the southwest side of the project. In addition, they added as much sidewalk as they possibly could without a complete redesign. He hoped the changes would be acceptable to the Commission and he requested approval. There being no other persons desiring to address the Commission on this topic, Chairman Holmes declared the public testimony closed and opened the item for discussion among the Commission members. Commissioner Schlehuber commented that it appears the developer has made the requested changes, especially by moving the recreation area. He can support the project. Commissioner Erwin still has the same concern regarding sidewalks. He doesn't feel we meet Finding //2 and he cannot support it. Commissioner McFadden can support the project. She feels the applicant has met the Commission's concerns as well as they could without a complete redesign. Although she has many of the same concerns as Commissioner Erwin, she believes it is the fault of the PHD ordinance. She would like to see the ordinance reviewed in its entirety. MINUTE3 January 16, 1991 PLANNING COMMISSION Page 3 COMMISSIONERS Commissioner Schlehuber believes the City Council has already been requested to allow staff to review the PUD ordinance. Gary Wayne, Assistant Planning Director, replied that when the City Council heard the Architectural Guidelines, they requested staff make a complete review of the PUD ordinance. The entire Planning staff has been reviewing this ordinance over the past 8-9 months but, given staff's current work load, it is not a high priority item to process a full revision at this time. Commissioner Schramm inquired if sidewalks and setbacks would be addressed during the review. Mr. Wayne replied that attention has already been given to these items. Motion was duly made, seconded, and carried to adopt Planning Commission Resolution No. 3139 recommending approval of the Mitigated Negative Declaration issued by the Planning Director and adopt Planning Commission Resolution Nos. 3140 and 3141 recommending approval of CT 90-5/CP 90-2 to the City Council, based on the findings and subject to the conditions contained therein. ADDED ITEMS AND REPORTS: Gary Wayne, Assistant Planning Director, reported that the City Council has introduced Ordinance No. NS-135 which affects how the Planning Commission votes on General Plan Amendments. He passed out a copy of the agenda bill to members of the Commission which states that it will require a majority of the entire body to approve a GPA or ZCA, i.e. four votes by the Planning Commission out of seven possible votes. ADJOuRNMF.NT: By proper motion, the meeting of January 16, adjourned at 6:22 p.m. Respectfully submitted, MICHAEL HOLZMILLER Planning Director BETTY BUCKNER Minutes Clerk 1991 was MINUTES ARE ALSO TAPED AND KEPT ON FILE UNTIL TRE MINUTES ARE APPROVED. Erwin Hall Holmes McFadden Schlehuber Schramm Erwin Hall Holmes YcFadden Schlehuber Schramm 2076 Sheridan Road Leucadia, Ca 92024 March 5, 1991 City of Carlsbad 1200 Elm Avenue Carlsbad, Ca 92008 RE: Aviara Planning Area 7 Dear City Council: Thank you for this opportunity to comment. This project is another instance of the City of Carlsbad’s pat- tern of amending the Carlsbad General Plan piecemeal to conform to individual development applications rather than to require applicants to conform their projects to the General Plan. This project well illustrates the pattern: Over the years, each new owner/developer has requested and received a new set of amendments to accommodate their respective new plans for their property, each time changing the density and the intensity. You may remember the existing Open Space and Conservation element of the existing Carlsbad General Plan designated this property as a regional park as late as the mid-Seventies. Since that time, the city has not adopted a revised Open Space and Conservation element. There have been no public hearings on a revised General Plan. Instead, revision to this element and all other elements of the General Plan have been proposed by developers to accommodate their pocketbooks. WhY does the city continue to allow owner/developers to rewrite the Carlsbad General Plan rather than adhering to the process of public review and revision of the General Plan, which would then regulate and control the development? When the city government fails to provide the political means for citizens to control, regulate, and otherwise set the conditions for development, people are vulnerable to domination by economic interests distant from their own lives. We ask the city council to set aside this and all other development requests and begin the much needed public revision, updatting, and reformatting of the General plan. Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of San Diego County Mail all correspondence regarding public notice advertising to W.C.C.N. Inc. P.O. Box 230878, Encinitas, CA 92023-0878 (619) 753-6543 Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal, a newspaper of general circulation, published weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of 1ocaI news and intelIigence of a genera1 character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the PUBLIC HEARING I.&s 82 and 83 of the City of Carla CT QMICP 60-z bad Tract 66-35, Aviara Phase I, notice of which the annexed is a printed AVIARA PLANNING AREA 7 Unit c. If you have any questions regard- copy, has been published in each regular NOTICE IS HEREBY GIVEN that ing this matter, please call Chris the City Council of the City of Carl% DeCerbo in the Planning Depart- and entire issue of said newspaper and not bad will hold a public hearing at ment at 436.1161, ext. 4446. the City Council Chambers, 1266 If you challenge the Tentative Carlsbad Village Drive (formerly Tract Map/Condominium Permit in in any supplement thereof on the follow- Elm Avenue), Carlsbad, California, court, you may be limited to raising at 666 P.M., on Tuesday, March 5, only those issues raised by you or ing dates, to-wit: 1331, to consider an application for someone else at the public hearing a 146 dwelline unit Tentative Tract described in this notice, or in writ-’ Map and Condominium Permit on ten correspondence delivered property generally located within the City of Carlsbad City Clerl the Aviara Master Plan (PA-i’) at the Office at or prior to the pub1 nothwest corner of the intersection bearing of Alga Road and Ambrosia Lane, Applicank~Lyon Communitlea, It in Local Facilities Management CARLSBAD CITY COUNCI AVIARA PLANNING AREA 7 February 21 19 91 19- R-- 19- w--- I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of Cali- fornia on the 28th day of-, 291 clerk of the Printer - CJ 6613: February 21,leSl Hunsaker G Associates Plunning l Engineering l Surveying TO: FROM: DATE: Re: MEMORANDUM Karen Kundtz, Carlsbad City Clerk's Office Julie Maginn H & A Planning Department 2-19-91 City Council Hearing Date San Diego, Inc. ---------------------------------------------------------------- -----___~-------__~------~-~~~-------~~~-----~~~~~---~~~~~~~-~~~~~ This memorandum is to confirm our conversation today. As per your information, Aviara 7 is scheduled to be heard by the City Council on March 5, 1991. cc: Marc Perlman; Lyon Communities Chris Decerbo, City of Carlsbad Sherri Howard, City of Carlsbad 346-49 JMA7ccmem w 10179 Huennekens Street l San Diego, CA 92121 l (619) 558-4500 9 FAX: (Gl9> 558-1414 Offices: San Diego l hine 9 Riverside/San Bernardino David Hammar l Jack Hill l David Davis , . NOTICE OF PUBLIC HEARING CT 90-5/CP 90-2 AVIARA PLANNING AREA 7 NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California, at 6:00 P.M., on Tuesday, March 5, 1991, to consider an application for a 145 dwelling unit Tentative Tract Map and Condominium Permit on property generally located within the Aviara Master Plan (PA-7) at the northwest corner of the intersection of Alga Road and Ambrosia Lane, in Local Facilities Management Zone 19 and more particularly described as: Lots 92 and 93 of the City of Carlsbad Tract 85-35, Aviara Phase I, Unit C. If you have any questions regarding this matter, please call Chris DeCerbo in the Planning Department at 438-1161, ext. 4445. If you challenge the Tentative Tract Map/Condominium Permit in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk's Office at or prior to the public hearing. APPLICANT: Lyon Communities, Inc. PUBLISH: February 21, 1991 CARLSBAD CITY COUNCIL AVIARA PLANNING AREA 7 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California, at 6:00 p.m. on Wednesday, January 16, 1991, to consider approval of a 145 dwelling unit Tentative Tract Map and Condominium Permit on property generally located within the Aviara Master Plan (PA-7) at the northwest comer of the intersection of Alga Road and Ambrosia Lane, in Local Facilities Management Zone 19 and more particularly described as: Lots 92 and 93 of the City of Carlsbad Tract 85-35, Aviara Phase I, Unit C, Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after January 10, 1991. If you have any questions, please call Chris DeCerbo in the Planning Department at 438-1161, ext. 4445. If you challenge the Tentative Tract Map/Condominium Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: CT 90-5/CP 90-2 APPLICANT: AVIARA PLANNING AREA 7 PUBLISH: JANUARY 3, 1991 CDD (Form A) TO: CITY CLERK’S OFFICE FROM: PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notice CT 90-5/CP 90-2 - AVIARA PLANNING AREA 7. for a public hearing before the City Council. I Please notice the item for the council meeting of Fi . Thank you. A&dist%t'City //z-j P / , Date AVIARA LAND ASSOCIATES LSMITED PARTNERSHIP C/O HILLMAN PROPERTIES 450 NEWPORT CENTER DR. f/304 NEWPORT BEACH, CA 92660 DAVIDSON COSCAN PARTNERS 12520 HIGH BLUFF DRIVE f/300 SAN DIEGO, CA 92130 AVIARA MASTER ASSOCIATION C/O HILLMAN PROPERTIES 2011 PALOMAR AIRPORT RD. 11206 CARLSBAD, CA. 92009 AVIARA - 5 C/O McKELLAR COMMUNITIES 1250 PROSPECT ST. f103 LA JOLLA, CA. 92037 AVIARA - 9 C/O McKELLAR COMMUNITIES 1250 PROSPECT ST. f/103 LA JOLLA, CA. 92037 RDC DEVCO II LTD. PARTNERSHIP C/O REPUBLIC DEVELOPMENT CO. 180 N. RIVERVIEW RD. #130 ANAHEIM, CA. 92808 BRAMALEA CALIFORINA INC. 1 PARK PLAZA #1100 IRVINE, CA. 92714 CARLSBAD UNIFIED SCHOOL DST. 801 PINE AVE. CARLSBAD, CA. 92008 TERRY 6 MARGARET REITER 6 SADDLEBACK RD. ROLLING HILLS, CA. 90274 AVIARA RESORTS ASSOC. LTD. PARTNERSHIP 450 NEWPORT CENTER DR. #304 NEWPORT BEACH, CA. 92660 ( : -- ~~~:~:T yj -- -q: / j ,f-‘ 2” ‘“, .P :. ., ‘. b ’ ‘, -f /; :. _. ._- 8’ r ,. ,,$ ,F‘ \ J ;/ ,A P : L ..’ ’ I-- p ’ LYON COMMUNITIES INC. 4330 LA JOLLA VILLAGE DR. SUITE 130 SAN DIEGO, CA. 92122 -- ‘- ‘- - . j.:. , H&A SAN DIEGO LYON COMMUNITIES 10179 Huennekens St. #ZOO San Diego, CA 92121 . 4 4 9 41