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.
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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
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AVIARA PLANNING AREA 7 CT 90-05 CP 90-02
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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
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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.
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The streets are adequate in size to handle traffic generated by the proposed
project.
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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:
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MICHAEL J. H~LZMILLER
PLANNING DIRECTOR
PC RESO NO. 3139 -2-
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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
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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
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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.
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PHYSICAL ENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY:
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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
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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.
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Alter the present or planned land use
of an area?
Substantially affect public utilities,
schools, police, fire, emergency or other
public services?
Result in the need for new or modified sewer
systems, solid waste or hazardous waste
control systems?
Increase existing noise levels?
Produce new light or glare?
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xv NO
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9 (si ’ NO
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HUMAN ENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY:
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Involve a significant risk of an explosion
or the release of hazardous substances
(including, but not limited to, oil,
pesticides, chemicals or radiation)?
Substantially alter the density of the
human population of an area?
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?
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YES NO
(insia)
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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
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‘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
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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.
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, DISCUSSION OF ENVIRONMENTAL EVALUATION (CONTINUED]:
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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.
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DISCUSSION OF ENVIRONMENTAL EVALUATION (CONTINUED):
HUMAN ENVIRONMENT
17.
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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.
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. . DISCUSSiON OF ENVIRONMENTAL EVAJJJATION (CONTINUED)
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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.
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ANALYSIS OF VIABLE ALTERNATIVES TO THE PROPOSED PROJECT SUCH AS:
a) Phased development of the project, b) alternate site designs,
c) alternate scale of development, d) alternate uses for the site, e) development at some future time rather than now, f) alter-
nate sites for the proposed, and g) no project alternative.
a)
b)
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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.
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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.
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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
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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.
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DateSignature
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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:
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Findinns:
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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:
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Findings:
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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-
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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:
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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
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-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
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-- 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***
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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
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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