HomeMy WebLinkAbout1991-07-02; City Council; 11226; Discretionary Applications Aviara Planning Area 24ITG. j/2/91
IEPT. PLN
CIT$-JF CARLSBAD - AGEND.-,BILL
TITLE: APPROVAL OF A MASTER PLAN AMENDMENT, -TENTATIVE MAP AND OTHER DISCRETIONARY APPLICATIONS FOR PLANNING AREA 24 OF THE AVIARA MASTER PLAN.
IECOMMENDED 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 C 90-15, LCPA 90-6
and HDP 90-20 and INTRODUCE Ordinance No. $!?-,‘/ , APPROVING MP-177(D).
ITEM EXPLANATION
On May 29, 1991, the Planning Commission conducted a public hearing and approved without modification (6-1 Erwin) a Master Plan Amendment, Tentative Map, Hillside Development Permit and Local Coastal Program Amendment for Planning Area 24 of the Aviara Master Plan. Planning Area 24 is located at the southeast corner of the intersection of Alga Road and future Poinsettia Lane. The tentative map includes 118 minimum 7500 square foot single family residential lots , 4 open space lots (15.2 acres in area) and a local street system over the 54.61 acre site.
The proposed Master Plan Amendments to Planning Area 24 include the following:
A. Change permitted single family lot sizes from small lot
(minimum 5000 SF) to minimum 7500 SF in area.
B. Modify Planning area development standards to be consistent with the minimum development standards of the R-1-7500 zone and other up-to-date citywide ordinances and policies.
c. Reduce maximum permitted dwelling unit potential (from 193
du's to 118 duls) within Planning Area 24 while increasing
open space from the anticipated Master Plan total of 10.9 acres to 15.2 acres (increase of 4.3 acres).
The proposed project complies with all applicable City ordinances, and policies and is consistent with the goals of the Aviara Master Plan. More detailed information is included in the attached staff report to the Planning Commission.
ENVIRONMENTAL REVIEW
On May 29, 1991 the Planning Commission recommended approval of the Mitigated Negative Declaration issued by the Planning Director on March 28, 1991.
PAGE 2 OF AGENDA BILL NO.
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 118 dwelling
unit tentative map and associated applications.
Facilities Zone
Local Facilities Management Plan - 19
Growth Control Point I - 1 3.6 Du/Ac
Net Density
Special Facility Fee
2.16 Du/Ac
WA
1. LOcation Map ORDTNANCE NS-161 2. Planning Commission KesoluLion Nos. 3227: 3228: 3229; 3230; and 3231 3. Planning Commission Staff Report, dated May 29, 1991 4. Excerpts of Planning Commission Minutes, dated May 29, 1991
BATIQUITOS LAGOON
hty of Carlabad
I AVIARA PLANNING AREA 24 I MP 177(D)/CT 90-S/
LCPA 9006/HDP 90-20 I
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ORDINANCE NO. NS-161
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING ORDINANCE NO.
9839 AND MASTER PLAN 177 TO ALLOW CHANGES IN
THE DEVELOPMENT STANDARDS AND DESIGN
GUIDELINES FOR PLANNING AREA 24 AND TO CHANGE
PERMITTED RESIDENTIAL LOT SIZES FROM SMALL LOT
SINGLE FAMILY TO SINGLE FAMILY (MINIMUM 7,500 SF)
WITHIN PLANNING AREA 24. THE PROPERTY IS LOCATED
AT THE SOUTHEAST CORNER dF THE ALGA
ROAD/POINSETTIA LANE INTERSECTION.
APPLICANT: AVIARA PLANNING AREX 24
CASE NO: MP 177(D)
The City Council of the City of Carlsbad, California does ordain as follows:
SECTION 1: That Ordinance No. 9839, and Master Plan 177 adopted
thereby, is hereby amended.
SECTION 2: That the findings of the Planning Commission contained in
Resolution No. 3228 constitute the findings of the City Council in this matter.
SECTION 3: That amended Master Plan 177(D) is approved subject to all
applicable requirements of the Carlsbad Municipal Code and to the satisfaction of the
conditions imposed by previous approvals of said plan.
SECTION 4: That Master Plan 177, dated November 4, 1977 as adopted
by Ordinance No. 9839 is hereby amended as shown on the documents marked
Attachment “Z” to Ordinance No. attached hereto and made a part thereof.
Except for said amendments, Ordinance No. 9839 and the Master Plan (MP 177) and all
the terms and conditions thereof shall remain in full force and effect.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it
to be published at least once in the Carlsbad Journal within fifteen days after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council held on the day of , 1991, and thereafter
PASSED AND ADOPTED at a regular meeting of said City Council held on
day of , 1991, by the following vote, to wit:
I AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
VINCENT F. BIONDO, JR., City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
wfu
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Al-I-ACHMENT “2”
(Cover Sheet)
The Master Plan revisions contained in Attachment “2” cover only those portions of each
Master Plan page upon which revisions are proposed. Those portions of each page of the
Master Plan which are not proposed for revision are not included in Attachment “Z” but
shall remain as part of the amended Master Plan text.
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0
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ATTACHMENT “Z”
June 5, 1991
CHAWERV-PLANNINGAREADEVELOPMENTSTANDARDS
PAGE 163 PRESENTLY READS AS:
PLANNING ARE.A 24: SINGLE FAMILY RESIDENTIAL
DESCRIPTION: This 53.9 acre planning area located at the northwest entrance to the Master Plan area will
include small lot single family detached homes. The intersection of Poinsettia Lane and
Alga Road is located at the northwest comer of the planning area. A 150-foot wide public
utility corridor is located in the northwest portion of this neighborhood.
DEVELOPMENT STANDARDS: PD
All development in this planning area shall conform to the development standards of the
PD Ordinance (Carlsbad Municipal Code, Chapter 21.45.090) unless otherwise noted in this
chapter.
USE ALLOCATION: Maximum of 193 residential units (3.6 DU/AC). Recreational facilities are required.
PERMITTED USES:
Single family detached residential units. Private recreation facilities are required in conjunction with the residential units.
SITE DEVELOPMENT STANDARDS:
Height: The maximum height allowed in this planning area is 28 feet as defined by Section 21.04.065 of the Carlsbad Municipal Code.
Lot Size: The minimum lot size shall be S,OOO square feet. The minimum lot width shall be SO feet, except that lots which front on knuckles or cul-de-sacs shall have a minimum frontage of 35 feet.
Setbacks:
All dwelling units shall be setback a minimum of SO feet from the Alga Road right-of-way and SO feet from the Poinsettia Lane right-of-way. The standard front yard setback shall
be 20 feet. In order to provide a variety of front yard setbacks, a minimum of 60 units shall have 24foot setbacks. The distance between single story structures shall not be less than ten feet. The distance between two story structures shall not be less than twenty feet.
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The distance between one and two story sullctures shall not be less than fifteen feet. Rear
yard setbacks shall be a minimum of 15 feet of usable area (slope does not exceed 10%).
Au dwelling units shall be located a minimum of 25 feet from the westerly plantig area
boundary.
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AMENDED PAGE 163 SHALL READ AS:
PLANNING AREA24: SINGLE FAMILY RESIDENTIAL
DESCRIPTION: This 534 54.6 acre planning area located at the northwest entrance to the Master Plan
area will include e single family detached homes. The intersection of Poinsettia
Lane and Alga Road is located at the northwest comer of the planning area. A 150-foot
wide public utility corridor is located in the northwest portion of this neighborhood.
DEVELOPMENT STANDARDS: PQR-l-7500
All development in this planning area shall conform to the development standards of the
R-l One Family Residential Zone described in Chapter 21.10 of the Carlsbad Municipal . . Code d , . . unless otherwise noted
in this chapter.
ALLOCATION: us E
Maximum of 493 120 residential units (34 2.1 DWAC). -
M
PERMITTED USES: Single family detached residential units. Private recreation . . . . . 5 also allowed but are not
facilities are B@&&
required.
SITE DEVELOPMENT STANDARDS:
Height:
The maximum height allowed in this planning area is 28 30 feet as measured to the peak
of the highest roof. At least 15% of the dwelling units shall be one story and shall not . exceed a height of 22 feet to the peak of the roof e . .
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Size: Lot
The minimum lot size shall be S;eee 7,500 square feet. The minimum lot width shall be
58 60 feet, except that lots which front on knuckles or &de-sacs shall have a minimum
frontage ,c pursuant to Chapter 20.16.016 of the C&bad Municipal Code. At
least 15% of etch lot shall be reserved for open space. This open space shall be located in the rear yard and shall not exceed a gradient of 5%.
Setbacks: All dwelling units shall be setback a minimum of SO feet fram the Alga Road right-of-way and SO feet from the Poinsettia Lane right-of-way. The standard front yard setback shall be 20 feet. In order to provide a variety of front yard setbacks, a minimum of 60 36 units . ’ shall have Wfoot setbacks. e
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PAGE164PRESENTLYAPPEARSAS:
Natural Slooer (t0 b0 Oremved)
legend
acontc Polnt
wow Oflontrtlon
Key Map
Design Criteria - Planning Area 24
-164.
Exhibit V-25
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All other setbacks shall be pursuant to Chapter 21.10 of the Carlsbad Municipal Code.
dwelling units shall be setback a minimum of 30 feet from the SDG&E easement. All
dwelling units shall be located a minimum of 25 feet from the westerly planning area
boundary.
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AMENDED PAGE 164 SHALL APPEAR AS: mmq
Legend
w 8-v hatment 0 c3 3 Wallltenelng
d
4 Trail
8eenlo l etnt
Wow Ortertrtler
Key Map
Design Criteria - Planning Area 24 Exhibit V-25
-1640
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PAGE 165 PRESENTLY READS AS:
Fencing: If required as a result of a noise study, a noise attenuation structure shall be required
where residential lots are located adjacent to Alga Road and/or Poinsettia Lane. The structure may consist of a masonry wall, earthen berm or combination of the two. The
noise study shall be conducted prior to submittal of the Site Development Plan, If the
noise attenuation structure is not required in any of these areas, a decorative solid 6-foot
fence or wall shall be required. In either case a solid fence or wall shall begin at the
intersection of Poinsettia Land and the northerly Planning Area boundary and extend along
all portions of the northerly and easterly planning area boundaries where adjacent
development exists. In addition, a solid or open fence shall be required along the rear
yards of all lots located adjacent to the natural open space on the north side of Alga Road.
Open fences shall extend along each side of the public utility corridor within the planning
area. These fences shall be uniform in design.
AMENDED PAGE 16s SHALL READ AS:
Fencing:
If required as a result of a noise study, a noise attenuation structure shall be required
where residential lots are located adjacent to Alga Road and/or Poinsettia Lane. The
structure may consist of a masonry wall, earthen berm or combination of the two. The
noise study shall be conducted prior to submittal of the site Development Plan for this
Planning Area. If the noise attenuation structure is not required in any of these areas, a
decorative solid 6-foot fence or wall shall be required. In either case a solid fence or wall
shall begin at the intersection of Poinsettia Lane and the northerly Planning Area boundary
and extend along all portions of the northerly and easterly planning area boundaries where
adjacent development exists. In addition, a solid or open fence shall be required along the
rear yards of all lots located adjacent to the natural open space on the north side of Alga
Road. Open fences shall extend along each side of the public utility corridor within the
planning area. These walls and fences shall be m designed to incorporate landscaped popouts/insets and other relief features.
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PAGE 166 PRESENTL YREADSAS:
Oben Soace: All manufactured slopes shall be maintained as open space. The undeveloped area located
in the south-central portion of the planning area shall be maintained as natural open space.
The public utility corridor shall be maintained as open space. Use of the public corridor
as a passive recreation area is encouraged. All open space areas described above shall be
maintained by the community open space maintenance district.
AMENDED PAGE 166 SHALL MAD AS:
Onen Space: All manufactured slopes shall be maintained as open space. The undeveloped areas located
in this 3 planning area shall be maintained as natural open
space. Use of the public utility corridor as a passive recreation areas is encouraged. All
open space areas described above shall be maintained by the community open space
maintenance district.
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PLANNTNG COMMISSION RESOLUTION NO. 3227
A RESOLUTIONOFTHE PLANNINGCOMMISSIONOFTHE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A MITIGATED NEGATIVE DECLARATION FOR A MASTER PLAN AMENDMENT/LOCAL COASTAL PROGRAM AMENDMENT/TENTATIVE TRACT MAP/HILLSIDE DEVELOPMENT PERMIT OVER PLANNING AREA24OFTHEAVIARAMASTERPLAN. APPLICANT: AVIARAPLANNINGAREA24 CASE NO.: MP-177(D)/LCPA 90-6/CT 90-lS/HDP 90-20
WHEREAS, the Planning Commission did on the 29th day of May, 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, examining the initial study, analyzing the information
submitted by staff, and considering any written comments received, the Planning
Commission considered all factors relating to the Mitigated Negative Declaration.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
as follows:
A) That the foregoing recitations are true and correct.
B) That based on ,the evidence presented- at the public hearing, the Planning
Commission hereby recommends APPROVAL of the Mitigated Negative Declaration
according to Exhibit “ND”, dated March 28,1991, and “PII”, dated March 15,1991,
attached hereto and made a part hereof, based on the following findings:
1. The initial study shows that there is no substantial evidence that the project may
have a significant impact on the environment provided that mitigating conditions
of approval are complied with.
2. The streets are adequate in size to handle traffic generated by the proposed
project.
3. The proposed project site has already been reviewed under Master Plan EIR 83-
2(A) and as designed, the project implements all recommended mitigation
measures of said EIR 83-2(A).
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4. The project will either preserve in open space or replace with comparable quality
and acreage, the previously coastal deed restricted habitat areas.
Conditions:
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. . .
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Prior to the initiation of project grading, a cultural resources data recovery
program shall be conducted at site SD1 6753. This data recovery program shall
involve the excavation of six square meter test units. As soon as this data recovery
mitigation program is completed, a letter from the archaeological consultants
confirming this shall be required to be submitted to the Carl&ad Planning
Department.
All portions of this project as shown on Exhibits “I” - “J”; dated April 12, 1991,
shall be required to be landscaped consistent with these same Exhibits. A detailed
Landscape and Irrigation Plan (which includes a timeline for implementation) shall
be submitted and approved by the Planning Director prior to the issuance of
grading permits. The Landscaping shall be required to be initiated immediately
following rough grading of each of these graded areas. Prior to the issuance of a grading pennit, a Landscaping bond shall be required to be posted with the City.
Prior to the issuance of a grading permit, all “Give Back” areas (as shown on
Exhibit “F”) and other project open space areas shall be required to be placed
under a deed restriction which prohibits any encroachment for development into
those areas in perpetuity.
This project is approved subject to the condition that no project grading shall be
permitted during the Black Tailed Gnatcatcher breeding season (March 1 - June
1). Any modifications to grading restrictions shall be subject to approval of the
City and be based on the prior approval of the California Coastal Commission in
consultation with the Department of Fish and Game and U.S. Fish & Wildlife
Service.
All deed restricted habitat areas shall be required to be staked and flagged in the
field by a certifkd biologist prior to the issuance of grading permits. All deed
restrictedareasshallberequiredtobeclearlydemarca ted on all project grading
Phi=-
All “Give Back” areas that are adjacent to Coastal Sage Scrub habitat shall be
required to be fully landscaped with similar native species. Prior to the issuance
of a grading permit, a landscape and irrigation plan for these areas shall be
submitted for review by the Planning Director.
PC RESO NO. 3227 -2-
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Prior to the recordation of the first final map, the applicant shall enter into a ihird
party agreement with the City t o contract with an environmental consultant, Raid
by the applicant, to provide a monitoring program for the mitigation measures
required by the tentative map. The program shall include specific monitoring activities, a reporting system, and criteria for evaluating the success of the
mitigation measures.
Prior to the occupancy of any future affected dwelling units within this Planning
Area, the project applicant shall construct the sound attenuation walls along Alga
Road and future Poinsettia Lane as described in the Acoustical Analysis for PA-24
(Mestre Greve, 1990). The project applicant sha.ll also incorporate all required
traffic noise mitigation measures (mechanical ventilation) described in this
acoustical analysis into the eLkted units.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 29th day of May, 1991, by
the following vote, to wit:
AYES: Chairperson Holmes, Commissioners: Schlehuber, Schramm,
Savary, Noble & Hall.
NOES: Commissioner Erwin.
ABSENT: None.
ABSTAIN: None. --_
ATTEST:
’ ROBERT HOLMES, Chairperson
CARLSBAD PLANNING COMMISSION
D
MICHAEL J. H&zMIUER
PLANNING DIRECTOR
PC RESO NO. 3227 -3-
MITIGATED NEGATIVE DECLARATtON
PROJECT ADDRESS/LOCATION: The 54.6 acre project site is located at the northeast
comer intersection of Alga Road and future Poinserria
Lane.
PROJECT DESCRIPTION: (A) Master Plan Amendment/Local Coastal Program
Amendment to: (1) change permitted single family lot sizes
from small lot to minimum 7,500 sf, (2) reduce maximum dwelling unit potential from 193 du’s to 120 du’s, (3) increase
open space by 4.3 acres and; (4) modify Master Plan development standards and design criteria for Planning Area 24
of the Aviara Master Plan.
(8) A 54.6 acre/124 lot/120 dwelling unit tentative map, and
Hillside Development Permit for Aviara PA 24.
The City of C&bad 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 fle 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 dgr of date of issuance. If you have any questions, please tail Chris DeCerbo in the Plw Department at 438-l 161, extension 4445.
DATED MARCH 28,199l
CASE NO: MP 177(D)/LCPA 90-6KT 90-15 Planning Director
APPLICANT AVCARA PA-24
PUBLISH DA% MARCH 28,199l
2075 Las Palmas Drwe l Car&bad. California 92009-4859 l (619) 438-l 161
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ENVIRONMENTAL M’PACl- ASSESSMENT FORM - PART II
(TO BE COMPLETED BY THE PLANNING DEPARTMENT) ’
CASE NO. MP 177(D)/LCPA 90-6/CT 90.lS./HDP oc~-‘l’:
DATE: MARCH 1s. 1991
3.\CKGROUND
1 L. CASE NrtZIE: ALiara Planninn Area 24
3 C. APPLICAh;T: Aciara Land Associates
3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2011 Palomar Ahon: Road
Carisbad. CA 92008
4. DATE EIA FORM PART I SUBMITTED: April
S. PROJECT DESCRIPTION: JAI Master Plan Amendment/Local Coastal Propram Amendmen:
to: (1) channe nermitted single family lot sizes from small lot :‘: . . ml 2 u7 s
from 193 du’s to 120 du’s. (3) increase onen space bv 4.3 acres
and: (4) mod& Master Plan develobment standards and desim
DeveloDment Permit for Aviara PA 24.
ENVIRONMENTAJ. IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conducr 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 Deck&a may be prepared if the City Perceives no substantial evidence that the project or
any of its aspects mause a signiikant effect on the environment. On the checklist, “NO” will be checked to indicate this detamination.
* An EIR must be prepared if the City determks that there is substantial evidence that any aspect of the
project may cause a sinnificanr 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
insitificant. These findings are shown in the checklist under the headings ‘YES-sig” and “YES-kig”
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 ENVlRONlbENT
WILL THE PROPOSAL DItiCTLY OR INDIRECTLY:
1.
3 k.
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4.
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6.
7.
8.
9.
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11.
Result in unstable earth conditions or
increase the exposure of people or properry
ro 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 NWUIB of fuel or energy?
Alter a signi.l?cmU 8ccheological,
paleontological or historical site,
stnxture or object?
YES
big)
YES
(ins@ SO
Y A
Y L
Y 1
x
x
Y L
x
X
BIOLOGICAL EMrIRO~
lvILL THE PROPOSAL DIRECTLY OR [NDIRECI-LY: YES YES
l3 w.
13.
14.
15.
16.
ISWJ ~lnsig)
Affect rhe 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 banier 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?
HuMANENvrRoNMENT
WILL THE PROPOSAL DIRECI-LY OR INDtRECTLY:
17. Alter the present ae planned land use
of an area?
18. Substantially aiT& public utilities,
schools, police, fur, emergency or other
public services?
x
YES
(sig) (inrig)
NO
Y L
x
x
NO
x
X
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HUMAN ENVIRONMENT
1I’ILL THE PROPOSAL DtRECTL,Y OR INDIRECTLY:
19.
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23.
24.
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Result in rhe need for new or modified sewer
systems, solid waste or hazardous waste
control systems?
Increase existing noise levels?
Produce new light or glare?
Involve a significant risk of an explosion
or the release of hazardous substances
(including, but not limited to, oil,
pesticides, chemicals or radiation)?
Substantially alter the density of the human population of an area?
Affect existing housing, or create a demand
for additional housing?
Generate substantial additional trafEc?
Affect existing parking facilities, or
create a large demand for new parking?
Impact existing transportation systems or
alter present patterns of circulation or movement of people and/or goods?
Alter waterborne, rail or air traffic?
Increase traffic hazards to motor
vehicles, bicyclila OT pedestrians?
Interfere with aargaxy response plans or
emergency evacuation plans?
Obstruct any scenic vista or create an
aesthetically offensive public tiew?
Affect the quality or quantity of existing recreational opportunities?
YES YES (sip)
4-
Y 4
Y L
x
Y L
x
x
Y L
x
x
x
x
X
X
X
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MANDATORY FINDINGS OF SIGNIFICANCE
WILL THE PROPOSAL DtRECTIY OR INDIRECTLY: YES
33.
34.
35.
36.
blgl
Does the project have the potential
to substantially degrade the quaky
of the envtionment, substantially
reduce the habitat of a fish or wild-
life ,species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or
animal community, reduce the number or restrict the range of a rare or en-
dangered plant or animal, or eliminate
important examples of the major periods
of California history or prehistory.
Does the project have the potential
to achieve short-term, to the dis-
advantage of long-term, environmental goals? (A short-term impact on the
environment is one which occurs in a
relatively brief, definitive period of
time while long-term impacts will
endure well into the future.)
Does the project have the possible
environmental effects which are in-
dividually limited but cumulatively
considerable? (“Cumulatively con-
siderable” means that the incremental effects of an individual project are
considerable when viewed in connection
with the effects of past projects, the effects of other current projects, and
the effects of pmbrbte future projects.)
Does the projti hmre cnvknmental effects which will ause substantial adverse effects on human beings,
either directly or indirectly?
YES hugI NO
x
Y L
x
X
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DISCUSSION OF ENVIRONMENTAL EVALUATION
This project is a MastS Plan &hendment, Local Coastal Program Amendment, Tentative Tract >laF zr.;
Hillside Development Permit for Planning Area 24 of the Aviara Master Plan 177. The Tentative Map in~:-~~~
120 minimum 7,500 square foot single family residenrial lots and 4 open space lots (15.2 acres) 0L.e: +
54.61 acre Planning Area. The nonheastem portion of the project site has been disturbed as a conseq-?_;f
of a City approved stockpile operation. The central and nonheastem portions of the site exist as \evei r.:rr
:ops. previously under agricultural use, which are surrounded by coastal side slopes which are vegetatei ‘,.. :I:.
Zensely covered chaparral and coastal sage scrub habitat. For this environmental analysis, staff cor,~.:;:~: several field trips to the subject property and reviewed the Pacific Rim County Club and Resort %Ias:er ?::F.
Environmental Impact Report (ELA 83-2(A)) which covers this property. In that: (1) the proposed ;r:;e:r
site has already been reviewed under Master Plan EIR 83-2(A), (2) as designed, the project implemer.rs 2.:
recommended mitigation measures of EIR 83-2(A), (3) rhe product type changes and design guidek.es 5s
proposed WiU ensure land use compatibility with existing or future land uses, (4) the project h-ill e::>Ler
preserve in open space 01’ replace with comparable quality and acreage, the previously deed restricted cozj:i sage scrub habitat, and (5) the project as proposed, preserves an additional 4.3 acres of the project sir? :r.
open space than originally anticipated under MP 177, no environmental impacts are anticipated. There l*;ert no public comments received in response to the Conditional Negative Declaration.
Phvsical Environment
1. The project site contains no unstable earth conditions. The project as proposed includes extensive
grading (60’ of fill) within the Phase IV area located adjacent to the alga Road/Poinsettia Lane future
intersection. This f5ll can however be adequately developed upon, through implementation cr‘
standardized soils compaction and stability measures. No unstable earth conditions will result from
project development.
2. Grading of the project site consistent with the proposed tentative map would require considerable earth
movement 342,400 cubic yards cut 578,000 cubic yard, fill. Potential visual effects associated with this
grading shall be mitigated through conformance with the design guidelines and development standards
of the City’s Hillside Ordinance. Visual impacts associated with project land from modification can be
mitigated through complete hydroseeding and landscaping of manufactured slopes and future
implementation of project landscaping.
3. Drainage and erosion control facilities (desiltation basins, storm drain and terrace drains) will be
incorporated into the project to adequately reduce potential soil erosion impacts. The project shall also
be conditioned to rkbly landscape all manufactured slopes.
4. Potential erosi- wts to Batiquitos Lagoon will be adequately mitigated as discussed in response
#3 above.
5. Construction emission and fugitive dust generation impacts associated with project grading are considered short term and insignificant. Dust generation can be adquately controlled &rough watering operations. Air quality impacts associated with future development of housing upon this area is not considered signifkant in itself. bng term full mitigation of regional air qualitys impact shall require that dependence upon the automobile be reduced regionally and statewide.
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6.
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9.
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[n that no strucNfal development is proposed at this time, impacts to ti movement are not antic-Pare,-+.
Air quality i.mp~B from dust generation can be adequately controlled through watering 0peraricr.s during project grading.
This project wi.l.l not change the course or flow of water as no streams are located in the immediate areI and all drainage waters will be handled by proposed drainage k&ties.
Development of this project (tentative map grading and road construction) w-ill create impenjo:j
surfaces which would reduce absorption rates and incrementally increase runoff velocities. Houei,er.
to accommodate this increased nmoff, drainage facilities will be incorporated into this project azt
future residential deveiopment upon the site, thereby mitigating this concern.
rmplememation of the proposed project will incrementally contribute to the depletion of fossil fxe:eis
during grading operations and other natural resources required for project roadways. This shorr rem
incremental impact is not regarded as significant.
See #9 above.
Two archaeological sires (SDi-6753, 6754) are located upon the subject properry. As a condition cf
approval of EIR 83-2(A) a testing program was carried out at these two sites. Most of the SDi 67% site is outside of the Aviara project area and the portions of the site that is within the property has had
the anticipated impacts mitigated through testing and analysis of recovered artifacts. The significance
testing undertaken at SDi 6753 resulted in a finding that the site is potentially significant. h data
recovery program is recommended to be undertaken a? this site prior to the initiation of grading. The
data recovery program planned for SDi 6753 will involve the excavation of six square meter units.
Implementation of this data recovery program at this sire will adequately mitigate potential cultural
resource impacts. This has been included as a condition for the project.
The project site includes environmentally significant property which was placed under deed restriction
by the California Coastal Commission upon approval of Master Plan 177. This proposal will encroach
into 2.01 acres of the protected habitat including 1.34 acres of sage scrub and .67 acres of Chapparal.
However, as mitigation for this encroachment, the project applicant is proposing to give back as deed
restricted open space 2.79 acres of habitat which is of higher quality including 2.55 acres of sage scrub,
and .24 acres of Chaparral. The increase in Coastal Sage Scrub by .78 acres is potentially beneficial
to the California Gnatcatcher, which utilizes the habitat.
No significant w to the abovementioned coastal sage scrub habitat are anticipated in that project
landscaping prqmaed adjacent to this habitat shall be required to be compatible and non-invasive.
As stipulated in MP-177, conversion of agricukural lands shall be permitted upon payment of
a@hu.ral conversion fees. In accordance, the project applicant has already paid to the State Coastal Conservancy agricultural mitigation fees required for the development of the project site.
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D[SCUSSlON OF ENVIRONMENTAL EVALUATION (cont’dl
15. AS discussed in #I2 above, the previously deed restricted coastal sage habitat (or comparable qL;a;xr,-
habitat) will be maintained in open space. Accordingly, no significant impacts to habitat or species &
anticipated.
16. The projecr as proposed preserves in open space the majority of the previously deed restricted c-as;3:
sage scrub habitat. In addition, the project preserves in open space 4.3 additional acres than an[ici,-a:?l
under MP-177. The addition of this open space in association with previously deed res[ic[ed cztlr,
space will function to provide adequate corridors for the movement of animals throughour the p:-,:?.-:
site.
17. Development of this project will be consistent with the General Plan, Master Plan 177 (as arnende,i:
and the Mello 1 LCP (as amended). The land use changes proposed will be internally compatible as feel:
as being compatible with adjacent uses.
18. AS discussed in the ‘Zone 19 Local Facilities Management Plan, with the payment of all fees and the
implementation of all improvement conditions (ie. upgrading of the Batiquitos sewer pump station. consrruction of Alga Road and Batiquitos Drive), all public facilities and services will be available CO
meer the demands of the future development of 120 single family residences proposed on the projec:
site.
19. Although the Tentative Map and Master Plan Amendment does not propose any actual produc:
development, any subsequent dwelling unit construction on site shall not be permitted until the
Batiquitos Sewer Pump Station is upgraded.
20. Construction of the project (grading and road development) may result in short term insignificant
construction noise impacts upon surrounding existing and proposed residences. Otherwise, the future residential uses on the subject property will be acoustically compatible with surrounding existing and
future residential uses. At the time that future residences are constructed upon the subject property,
traffic noise impacts from Alga Road/Poinsettia Lane shall be required to be mitigated.
21.
22.
Future 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.
23. The proposed m density of 2.2 du/acre is well below the density permitted upon the site (3.6
du/acre) per ti Avlrrr Master Plan. In view of the reduced density, overall project environmental
effects should be reduced.
24. The project will provide additional housing units to meet existing demand.
2s. A total of 1,200 average daily vehicle trips wiU be generated by the project ‘which will not significantly impact the circulation system as discussed in EIR 83-2(A) and LFMP-19.
DISCUSSION OF ENVIRONMENTAL EVAIJJATION (cont’dl
26.
27.
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32.
The demand for @kg facilities created by this project will be satisfied onsite. Two garage spaces ,,,,..I:
be provided for each unit and adequate on street guest parking will be provided throughout the pr,Cj?:T
The project will add 1200 ADT to Alga Road. Other surrounding streets will also carry ponior5
of this traffic. This minor increase in traffic upon ti 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 cotilic:~
with intersections with Alga Road.
The project will not interfere with emergency response plans.
Grading of the subject property would result in a short-term but unavoidable visual impacts. this impact can, however, be mitigated through the following mitigation measures: (1) all manufacrure:‘,
slopes shall be required to be fully hydroseeded and itrigated immediately following rough grading, ant
(2) all manufactured slopes shall be required to be undulated and contour graded consistent with the Hillside Development Ordinance. When a future site development plan is processed over this properry,
rich landscaping shall be incorporated into the project design.
As proposed, the project will have no impact on existing recreational opportunities. [mplemenration of this project will, however, ensure the preservation of 15.2 acres of natural open space areas.
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&vN..YSIS OF c
a) Phased development of the project,
b) alternate site designs,
c) alternate scale of development,
d) alternate uses for the sire,
e) development at some future time rather than now,
f) alternate sires for the proposed, and
g) no project alternative.
a)
b)
d
d)
d
f)
g)
The 120 residential 10~s proposed with this project will be developed in 4 separaie
phases. Phasing, however will not likely result in an environmentally superior pre;ec:.
This project has been designed consistent with the Aviara Master Plan - Planning .t-ez
24 conceptual site plans and the City? Hillside Ordinance. This project will aijo
preserve additional site acreage in natural open space than originally anticipated under
the existing Master Plan.
The potential scale (number of dwelling units) of this project will be reduced from 193
du’s to 120 du’s with the approval of this Master Plan Amendment
Any change of land use upon the subject property would necessitate a General Plan
Amendment and a Master Plan Amendment. In that this project would result in the development of low-medium density residential (2.2 du/ac), it is regarded as an
environmentally preferable alternative.
The project will result in the grading and subdivision of Aviara Planning Area 24. A
future site development plan application will be required to be processed through the
City. No structural development will be permitted on-site unless all public facilities and
available concurrent with demand. In accordance with these requirements, the projecr
will likely be developed in increments and over time.
The project is proposed in a Master Plan area over which an EIR has already been
certified (EIR 83-2(A)). As discussed in the EIFt., this site is regarded as the
environmentally preferable site for the proposed project.
Tbr “no project” alternative is not in conformance with the General Plan/Master Plan
mtion for the property. Hence, it is not regarded as environmentally preferable.
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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 NEG.;::‘.
DECLARATION will be prepared.
I find that the proposed project COULD NOT have a significant effect on the environment, becacje I:-.
en\-ironmental effects of the proposed project have already been considered in coniuncricr. .,., :. -
previously cenified environmental documents and no additionai environmental re\i&v is resu;r.:-
Therefore, a Notice of Determination has been prepared.
Y A I find that although the proposed project could have a significant effect on the emironment. the:? i: :.: not be a significant effect in this case because the mitigation measures described on an artac5e.i
sheet have been added to the projecr. A Conditional Negative Declaration will be proposed.
- I find the proposed project MAY have a significant effect on the environment, and an ENVIRON>IEST.~.L
IMPACT REPORT is required.
/I
. - “L d ! k -’ /I \ , ; 11. _’ I ./ / i ‘-1 ‘_ _ L-
Date Signature * -. &
Planning Director /
CDD:km
LIST MITIGATING MEASURES (IF APPLICABLE)
1. Ail manufactured slopes greater than 2’ in height shaii be required to be fully hydroseeded and inigated
immediately following project rough grading. AU manufactured slopes adjacent to coastal deed
restricted habitat areas shall be required to be vegetated with similar native species. Prior to the
issuance of a @iag permit, a landscape and irrigation plan (which includes a time line fsr
implementatiocl$ rhrll he submitted for review by the Planning Director.
2. Prior to the iuuarc of a grading permit, aii coastal “Give Back” areas shall be required to be piaced
under a deed restriction which prohibits any encroachment for development into those areas in perpetuity.
3. This project is approved subject to the condition that no project grading shall be permitted during the
Black Tailed Gnatcatcher breeding season (March 1 - June 1).
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MITIGATING MFASUR&fcont’d)
4.
5.
33.
All deed restrict4 tibitat areas shall be required to be staked and flagged m the field by a ce~~~~~
biologist prior to the issuance of grading permits.
clearly demarcated on all project grading plans. All deed restricted areas shall be required :c ‘zC
Prior to the iniriation of project grading, a cultural resources data recovery program shall be cond-:;:?,
at site SDi 6753. This data recovery program shall involve the excavation of six square meter rest ‘L,:j.
i\s soon as this data recovery mitigation program is completed, a letter from the archae1c.T.::.
consultants confirming this shall be required to be submirted to the Carlsbad Planning Depar,mer.r.
Prior to the occupancy of any future affected dwelling units within this Planning Area, the prajec:
applicant shall constmct the sound attenuation walls along Alga Road and future Poinsetria Lane as
described in the Acoustical Analysis for PA-24 (Mestre Greve, 1990). The project applicanr shail aiso incorporate alI required traffic noise mitigation measures (mechanical ventilation) described in :!-A
acoustical analysis into the effected units.
ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE)
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APPLICANT ONCU C
THIS ISTOCERTIMTHATIHAVEREVIEWEDTHEABOVEMITIGATING MEASURES
ANDCONCUR WITI-ITHEADDITIONOFTHESEMEJ&JRESTO THEPROJECT.
CDD:km
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APPENDIX P ENWR~dMENTAL IKI-IIGA’IION MONITOFUNG ~E~KI.I~T
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PLANNING COMMISSION RESOLUTION NO. 3228
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF MASTER PLAN 177(D) TO AMEND EXISTING
MASTER PLAN 177 TO REVISE DEVELOPMENT STANDARDS
AND DESIGN GUIDELINES FOR RESIDENTIAL PLANNING
AREA 24 AND TO CHANGE PERMITTED RESIDENTIAL LOT
SIZES FROM SMALL LOT SINGLE FAMILY TO SINGLE
FAMILY (MINIMUM 7500 SF) WITHIN PLANNING AREA 24
ON PROPERTY GENERALLY LOCATED AT THE SOUTHEAST
CORNER OF THE ALGA ROAD/POINSETTIA LANE
INTERSECTION.
CASE NAME: AVIARA PLANNING AREA 24
CASE NO.: MP 177(D)
WHEREAS, a verified application for certain property to wit:
Portion of Sections 22,26,27,28,33 and 34 in Township 12
south, Range 4 west, in the City of Carlsbad.
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 29th day of May, 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 Master Plan Amendment.
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 MP 177(D) according to Exhibit ‘X’, attached hereto and
made a part hereof, based on the following findings and subject to the following
conditions:
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Findings:
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5.
The proposed Master Plan Amendment is consistent with the intent and purposes
of the original Master Plan 177.
This Master Plan Amendment is consistent with the City of Carlsbad’s General Plan
and with Section 21.38.120 of Title 21, which regulates amendments of Master
Plans.
As discussed in the staff report, the amended development standards of the Master
Plan will ensure compliance with all existing City ordinances and policies.
As discussed in the staff report, the proposed land use change from small lot single
family to standard single family ( minimum 7500 SF) is compatible with surrounding
uses and will maintain a balanced mix of product types within the Master Plan and
city.
This project will not cause any sign&ant environmental impacts and a Mitigated
Negative Declaration has been issued by the Planning Director on March 28,1991,
and RECOMMEND ED FOR APPROVAL by the Planning Commission on May 29,
1991. In recommending approval for this Mitigated Negative Declaration, the
Planning commissi on has considered the initial study, the staff analysis, all required
mitigation measures and any written comments received regardingsigni&ant effects
this project could have on the environment.
Conditions:
1. Approval is granted for MP 177(D) as shown on Attachment “Z”, dated June 5,
1991, incorporated by reference and on file in the Planning Department. All
conditions of MP 177 and of PC Resolution No. 2594 are hereby incorporated
except as modified by this resolution.
2. Approval is granted for MP 177(D) subject to the approval of the California Coastal
Commission consistent with this Amendment. Any amendment revisions mandated
by the California Coastal Co mmission shall require subsequent approval by the City
of Carl&ad’s Planning Director.
3. Approval of MP 177(D) is granted subject to approval of LCPA 906
4. MP 177(D) is approved subject to the condition that the project applicant submit
20 copies of the Master Plan text changes to the Planning Department within two
weeks (14 days) of fmal approval by the California Coastal Commission.
PCRESO NO.3228 2
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 29th day of May, 1991, by the
following vote, to wit:
AYES: Chairperson Holmes, Commissioners: Schlehuber, Schramm, Savary, Noble & Hall.
NOES: Commissioner Erwin.
ABSENT:
ABSTAIN:
None.
None.
ROBERT HOLMES, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOmMILkI?R
PLANNING DIRECTOR
PC RESO NO. 3228
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PLANNING COMMISSION RESOLUTION NO. 3229
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A LOCAL COASTAL PROGRAM AMENDMENT
(LCPA 90-6) TO AMEND THE EXISTING LOCAL COASTAL
PROGRAM TO REVISE DEVELOPMENT STANDARDS AND
DESIGN GUIDELINES FOR RESIDENTIAL PLANNING AREA
24, AND TO CHANGE PERMITTED RESIDENTIAL LOT SIZES
FROM SMALL LOT SINGLE FAMILY TO SINGLE FAMILY
(MINIMUM 7500 SF) WITHIN PLANNING AREAS 24 TO
ENSURE CONSISTENCY BETWEEN THE GENERAL PLAN,
MASTER PLAN 177 AND THE LCP, ON PROPERTY
GENERALLY LOCATED AT THE SOUTHEAST CORNER OF
THE ALGA ROAD/POINSETTIA LAND INTERSECTION.
LCPA 90-6 - AVIARA PLANNING AREA 24
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WHEREAS, C&forma State Law requires that the Local Coastal Program,
General Plan, and Zoning for properties in the Coastal Zone be in conformance; and
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13 WHEREAS, MP-177 constitutes the zoning for the Aviara Master Plan; and
14 WHEREAS, a verified application for an amendment to the Pacific Rim
15 Country Club and Resort (Aviara) Master Plan (MP-177) Local Coastal Plan has been filed
16 with the Planning Department; and I 17 I/ WHEREAS, said verified application constitutes a request for an amendment
18 as provided in Title 21 of the Carlsbad Municipal Code; and 19
20 WHEREAS, the amendment to the Master Plan necessitates an amendment
21 to the Local Coastal Program (LCP) to ensure conformance between the regulatory
22 documents; and
23 WHEREAS, the City in compliance with State Administrative regulations
24 opened a six week public review for the proposed LCP amendment; and
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WHEREAS, the Planning Commission of the City of G&bad, on June 5,199I
held a public hearing to consider the recommendations and heard all persons interested in
or opposed to Local Coastal Program Amendment LCPA 90-6; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the proposed LCP amendment is consistent with the proposed
Master Plan Amendment No. MP-177(D)
3. That, because the Pacific Rim Country Club & Resort Master Plan
(Avkra) is the implementing ordinance of the Local Coastal Program, the findings and
conditions of Planning Commission Resolution No. 3228, incorporated herein by reference
constitute the findings of the Planning Commission in this matter, and the amendment to
the Local Coastal Program, LCPA 90-6, is hereby recommended for APPROVAL.
. . .
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. . .
. . .
. . .
. . .
. . .
PC RESO NO. 3229 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 29th day of May, 1991, by the 2
3 following vote, to wit:
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8 ABSTAIN:
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12 ATTEST: 13
AYES: Chairperson Holmes, Commissioners: Schlehuber,
Schramm, Savary, Noble & Hall.
NOES: Commissioner Erwin.
ABSENT: None.
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15 MICHAEL J. HO%MILkkR
16 /I PLANNING DIRECTOR
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CARLSBAD PLANNING CtiMMISSION
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PLANNING COMMISSION RESOLUTION NO. 3230
A RESOLUTION OF THE PLANNING CbMMISSION OF THE CITY OF
CAFUSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF ATENTATIVE
TRACT MAP FOR AVIARA PLANNING AREA 24 ON PROPERTY
GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE ALGA
ROAD/POINSETTIA LANE INTERSECTION.
CASE NAME: AVIARA PLANNING AREA 24
CASE NO.: CT 90-15
WHEREAS, a verified application for certain property to wit:
Portion of Sections 22,26,27, 28,33 and 34 in Township 12 south, Range
4 west, in the City of Carlsbad
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 29th day of May, 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.
B) That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL of CT 90-15, based on the following findings and subject
to the following conditions:
Findinns:
1. The project is consistent with the City’s General Plan and MP-177 since the
maximum permitted density of 2.16 du’s/acre is within the density ‘range of O-4
du’s/acre specified for the site as indicated on the Land Use Element of the General
Plan, and is at or below the growth control point of 3.2.
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The site is physically suitable for the type and density of the development
permitted through Master Plan 177. ,
The Planning Commission has, by inclusion of an appropriate condition to this
project, ensured that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the Planning
Commission has added a condition that a note shall be placed on the final map
that building permits may not be issued for the project unless the City Engineer
determines that sewer service is available, and building cannot occur within the
project unless sewer service remains available, and the Planning Commission is
satisfied that the requirements of the Public Facilities Element of the General plan
have been met insofar as they apply to sewer service for this project.
School fees will be paid to ensure the availability of school facilities in the
Carlsbad School District.
Park-in-lieu fees are required as a condition of approval.
All necessary public improvements have been provided or will be required as
conditions of approval.
The applicant has agreed and is required by the inclusion of an appropriate
condition to pay a public facilities fee. Performance of that contract and payment
of the fee will enable this body to find that public facilities will be available
concurrent with need as required by the General Plan.
The proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for single family residential development on
the General Plan.
This project will not cause any significant environmental impacts and a Mitigated
Negative Declaration has been issued by the Planning Director on March 28, 1991
and RECOMMENDED FOR APPROVAL by the Planning Commission on May 29,
1991. In approving 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.
PC RESO NO. 3230 -2-
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This project is consistent with the City’s Growth Management Ordinance as it has
been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 19.
This project was subject to Chapter 21.95 of the Carlsbad Municipal Code (Hillside
Ordinance) and meets all the requirements of that Chapter to ensure the sensitive
treatment of the City’s hillside resources.
The project is in compliance with Carlsbad’s Interim open Space Ordinance.
The Tentative Tract Map, CT 90-15, satisfies all requirements of the Subdivision
Ordinance and the State Map Act.
As discussed in the staff report, this project adequately mitigates encroachment
into coastal deed restricted areas.
The project, CT 00-15, is in compliance with the underlying Mello I Local Coastal
mPm-
Conditions:
1.
2.
3.
4.
Approval is granted for CT 90-15, as shown on Exhibit(s) “A” - “K”, dated April 12,
1991, 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 mylar map of the subdivision shall be submitted to the Planning Director prior to the recordation of the final map. Said map shall show all lots
and streets within and adjacent to the project.
This project is approved upon the express condition that the final map shall not
be approved unless the City Council finds as of the time of such approval that
sewer service is available to serve the subdivision.
. . . . .
. . . . .
. . . . .
PC PESO NO. 3230 -3-
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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 subdivide& agreement to pay the public
facilities fee dated April 30, 1991, a copy of which is on file with the City Clerk
and is incorporated by this reference. If the fees are not paid this application will
not be consistent with the General Plan and approval for this project will be void.
The applicant shall pay park-in-lieu fees to the City, prior to the approval of the
final map as required by Chapter 20.44 of the Carlsbad Municipal Code unless
previously excluded by the Parks Agreement between the City and Aviara Land
Associates dated June 1,1989.
The applicant shall provide school fees to mitigate conditions of overcrowding as
part of building permit application. These fees shall be based on the fee schedule
in effect at the time of building permit application. All or a portion of said fees
may be waived subject to the approval of the Carlsbad Unified School District.
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 Master
Plan 177 and the Zone 19 Local Facilities Management Plan approved by the City
Council on December 22, 1987, incorporated herein and on file in the Planning
Department and any future amendments to the Plans made prior to the issuance
of building permits.
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.
Approval of CT 89-39 is granted subject to the approval of MP-177(D), LCPA 90-6,
HDP 90-20.
PC RESO NO. 3230 -4-
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The applicant shall annex the Aviara Planning Area 24 open space areas into the
Aviara Master homeowner’s association con current with the recordation of the
final map.
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.
A master plan of the existing onsite trees shall be provided to the Planning
Director as part of the final grading plan to determine which trees shall be
required to be preserved prior to the issuance of a grading permit or a building
permit, whichever occurs first.
All landscaped areas shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris.
Existing onsite trees shall be retained wherever possible and shall be trimmed
and/or topped. Dead, decaying or potentially dangerous trees shall be approved
for removal at the discretion of the Planning Department during the review of a
Master Plan submitted showing existing onsite trees. Those trees which are
approved for removal shall be replaced on a tree-for-tree basis as required by the
Planning Department.
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.
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.
PC EWSO NO. 3230 -5-
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32. Prior to the issuance of a grading permit or the recordalion of the final map, the
project applicant shall receive a Coastal Development Permit that approves
development that is in substantial conformance with this City approval. The
Coastal Permit shall be required to be submitted to the City Planning Department
for review prior to the issuance of a grading permit.
PC RESO NO. 3230 -6-
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.
AR conditions of Mitigated Negative Declaration Resolution No. 3227 are incorporated herein by reference.
Prior to final map approval for CT 90-15, the project applicant or their successor
in interest shall enter into an agreement with the City to provide the Aviara Master
Plan’s proportional share of the City’s total obligation for very low, low and
moderate income housing units.
This project is approved subject to the condition that a Site Development Plan
must be approved by the City, prior to the issuance of any residential building
permits.
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 shall
include provisions specifying Master homeowners association or PA-24
neighborhood homeowners association maintenance responsibility for all natural
and manufactured project open space areas.
The applicant shall submit a street name list consistent with the City’s street name
policy subject to the Planning Directois approval prior to final map approvai.
This project is approved subject to the condition that all project landscaping
proposed on Exhibits “I” - “.I”‘, dated April 12, 1991 shall be irrigated with
reclaimed water.
Prior to the recordation of the first final tract map 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 aircmft
operating from McClellan-Palomar Airport in a manner meeting the approval of the
Planning Director and the City Attorney. The applicant shall post airaaft 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.
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This project is approved subject to the understanding that all required imported
graded material shall be obtained from the Aviara Master Plan Area. If this
imported soil is to be obtained from any other area, then a complete
environmental review and other necessary permits shall be required.
Additional public and/or onsite fire hydrants shall be provided if deemed necessary
by the Fire Marshal.
The applicant shall submit two (2) copies of a site plan showing locations of
existing and proposed fire hydrants and onsite roads and drives to the Fire Marshal for approval prior to issuance of a building permit.
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 begin located on the project site.
Proposed security gate systems shall be provided with “Knox” key operated
override switch, as specified by the Fire Department.
Brush clearance shall be maintained according to the specifications contained in
the City of Carlsbad Landscape Manual.
All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers,
and other systems pertinent to the project shall be submitted to the Fire
Department for approval prior to construction.
All roof-top appurtenances shall be architecturally integrated into the design of the
building and shielding to prevent noise and visual impacts, subject to approval
before issuance of permit.
Enaineering:
42. This project is located within the Mello I and Mello II management plans. All
development design shall comply with the requirements of that plan.
43. Unless a standard variance has been issued, no variance from City Standards is
authorized by virtue of approval of this tentative map.
44. The applicant shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project.
. . . . .
PC RESO NO. 3230 -7.
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The applicant shall be responsible for coordination with S.D.G.&E., Pacific
Telephone, and Cable TV authorities.
This project is approved as four (4) recordation units. Construction phasing may be allowed subject to the approval of a construction phasing plan by the Planning
Director and City Engineer.
The applicant shall provide an acceptable means for maintaining the easements
within the subdivision and to distribute the costs of such maintenance in an
equitable manner among the owners of the units within the subdivision. Adequate
provision for such maintenance shall be included with the CC&R’s subject to the
approval of the City Engineer.
All concrete terrace drains shall be maintained by the homeowner% association (if
on commonly owned property) or the individual property owner (if on an
individually owned lot and not in an open space easement). An appropriately
worded statement clearly identifying the responsibility shall be placed in the
CC&R’s .
This subdivision contains a remainder parcel. No building permit shall be issued
for the remainder parcel until it is further subdivided pursuant to the provisions
of Title 20 of the Carlsbad Municipal Code. This note shall be placed on a
separate sheet of the final map.
Approval of this tentative tract map shall expire twenty-four (24) months from the
date of City Council approval unless a final map is recorded. An extension may
be requested by the applicant. Said extension shall be approved or denied at the
discretion of the City Council. In approving an extension, the City Council may
impose new conditions and may revise existing conditions pursuant to Section
20.12.110(a) (2) Carlsbad Municipal Code.
The applicant shall defend, indemnify and hold harmless the City and its agents,
officers, and employees from any claim, action or proceeding against the City or
its agents, officers, or employees to attack, set aside, void or null an approval of
the City, the Planning Commission or City Engineer which has been brought
against the City within the time period provided for by Section 66499.37 of the
Subdivision Map Act.
Prior to approval of the final map, the applicant shall enter into an agreement with
the City to pay any drainage area fees established as a result of the forthcoming
Master Drainage Plan Update.
The owner of the subject property shall execute a Hold Harmless Agreement
regarding drainage across the adjacent property prior to approval of the of the first
final map or grading permit issuance whichever occurs first for this project.
PC RESO NO. 3230 -8-
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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
applicant may pass through assessment to subsequent owners o& if the applicant
has executed a Special Assessment District Pass-through Authorization Agreement.
Said Agreement contains provision regarding notice to potential buyer of the
amount of the assessment and other provision and require the applicant to have
each buyer receive and execute a Notice of Assessment and an Option Agreement.
In the event that the applicant does not execute the Authorization Agreement, the
assessment on the subject property must be paid off in full bv the applicant nrior
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 applicant
agrees to pay the fee to cover the costs associated with the segregation. A
segregation is not required if the applicant pays off the assessment on the subject
property prior to the recordation of the final map. In the event a segregation of
assessments is not recorded and property is subdivided, the full amount of
assessment will appear on the tax bills of & new lot.
This project requires a grading permit. All grading shall occur in accordance with
City Ordinances, Engineering Standards and Policies.
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
applicant is unable to obtain the grading or slope easement, no grading permit or
final map will be issued. In that case the applicant 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.
All grading shall occur at one time with recordation of the first unit. No Grading may be allowed prior to the recordation of the first unit unless approved by the
Community ~veloper Director, %nning Director, and City Engineer.
Prior to hauling dirt or construction materials to or from any proposed
construction site within this project, the applicant shall submit to and receive
approval from the City Engineer for the proposed haul route. The applicant shall
comply with all conditions and requirements the City Engineer may impose with
regards to the hauling operation.
Additional drainage easements may be required. Drainage structures shall be
provided or installed prior to the issuance of grading or building permit as may be
required by the City Engineer.
PC RESO NO. 3230
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The applicant shall place the following notes on a non-mapping data sheet of the
final’ map:
Geotechnical Caution:
The owner of this property on behalf of itself and all of its successors in interest
has agreed to hold harmless and indemnify the City of Carlsbad from any action
that may arise through any geological failure, ground water seepage or land
subsidence and subsequent damage that may occur on, or adjacent to, this
subdivision due to its construction, operation or maintenance.
The owner 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 owner shall make an irrevocable offer of dedication for future Poinsettia Lane as
indicated on the tentative map. These offers 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.
Dirext access rights for all lots abutting Alga Road and future Poinsettia shall be
waived on the final map.
Direct access rights to multi-fronted lots shall be waived as indicated on the
tentative map.
Prior to approval of any grading or building permits for this project, the owner shall give written consent to the annexation of the area shown within the
boundaries of the site plan into the existing City of Carlsbad Street Lighting and
Landscaping District No. 1. The form shall be provided by the City during the improvement plancheck process.
The drainage system shall be designed to ensure that runoff resulting from lo-year
frequency storms of 6 hours and 24 hours duration under developed conditions,
are equal to or less than the runoff from a storm of the same frequency and
duration under existing developed conditions. Both 6 hour and 24 hour storm
durations shall be analyzed to determine the detention basin capacities necessary
to accomplish the desired results. This may he handled within the Master Plan
area.
The applicant shall comply with the requirements of the National Pollutant
Discharge Elimination System (NPDES) permit. The applicant shall provide best
management practices to reduce surface pollutants to an acceptable level prior to
discharge to sensitive areas. Plans for such improvements shall be approved by the
City Engineer prior to approval of the final map or issuance of grading permit,
whichever occurs first.
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Plans, specifications, and supporting documents for all public improvements shall
be prepared to the satisfaction of the City Engineer. Prior to approval of the final
map in accordance with City Standards, the applicant shall install, or agree to
install and secure with appropriate security as provided by law, improvements
shown on the tentative map and sumrnarized below:
A. Full street improvements for Nightshade Drive, Gull Court, Curlew Terrace,
Caspian Lane, Sparrow Place, Oriole Court, Remsen Court and Wren Court.
B. Design and construct street improvements as shown on the tentative map for
Poinsettia bane. The developer may bond and/or delay construction for these
improvements for a period of five years.
C. Public storm drain facilities.
A note to this effect shall be placed on an additional map sheet on the final map
per the provisions of Sections 66434.2 and 66445 of the Subdivision Map Act.
All improvements required in this project shall be constructed with the first final
map, except as indicated for Poinsettia bane.
Improvements listed above shall be constructed within a maximum of 18 months
of final map approval and/or improvement plan approval, whichever occurs first,
except as indicated for Poinsettia Lane.
Drainage outlets into the open space shall be designed to minimize erosion.
The stem drain system proposed to carry flows generated to the north of the
project will require special design subject to the approval of the City Engineer.
The developer shall dedicate a 56 foot drainage easement for the deep storm drain
between Lots 102 and 103. This easement shall also be offered for dedication for
a public road to access northerly property along with the slope easements as
indicated on the Tentative Map.
Due to the steep grade, the access road to the storm drain between Lots 102 and
103 shall be brushed concrete or as approved by the City Eugineer.
All open space lots (Lots ‘119, 120, 121 and 122) shall be owned in fee and
maintained by the Aviara Master Association.
All lots with sight distance corridors shall record a notice restricting height of landscaping and structures to 30” above the street concumen twithikalmap
recordation.
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The developer shall record open space easements to be maintained by the Aviara
Master Association or Planning Area 24 homeowners association on the slopes in
Lots loo, 101 and 102 and 103.
Any encroachment throughout construction into deed resected or undisturbed
open space for the purpose of grading will require an amendment to the tentative
map and approval of the Califomia Coastal Commission. A note to this effect
shall appear on the Enal grading plan
Prior to the commencement of any grading activities, the developer shall fence off
the deed restricted and undisturbed open space to the satisfaction of the City
Fngineer and the Planning Director. A note to this effect shall appear on the final
sradinsPla=
Prior to building permit issuance, Alga Road shall be constructed to major arterial
standards or better, fkom Mimosa Street to EI Camino Real to the satisfaction of
the City Engineer.
Utilities & Maintenance:
81. Any proposed water services requking backflow protection per City Ordinance
must have backflow assembly proposal approved by the Utility Maintenance
Director.
Water:
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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.
The developer’s engineer shall schedule a meeting with the District Engineer and
the’ City Fire Marshal and review the preliminary water system layout prior to
preparation of the water system improvement plans.
The developer will be responsiile for all fees, deposits, and changes. The major
fkility charge and the San Diego county Water Authority capacity charges shall
be collected at time of issuance of building permit.
This project is approved upon the express condition that building pennits will not
be issued for development of the subject property unless the water district serving
the development determines that adequate water and senke is available at the
time of application for water service and will continue to be available until time
of occupancy.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 29th day of May, 1991, by.
the following vote, to wit:
AYES: Chairperson Holmes, Commissioners: Schlehuber, Schrarnm, Savary,
Noble & Hall.
NOES: Commissioner Erwin.
ABSENT: None.
ABSTAIN:
ROBERT HOLMES, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOmILLE#
PLANNING DIRECTOR
PC RESO NO. 3230 -13-
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PLANNING COMMISSION RESOLUTION NO. 3231
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A HILLSIDE
DEVELOPMENT PERMIT ON PROPERTY GENERALLY LOCATED AT THE
SOUTHEAST CORNER OF THE ALGA ROAD/POINSETTIA LANE INTERSECTION.
CASE NAME: AVIARA PLANNING AREA 24
CASE NO.: HDP 90-20
WHEREAS, a verified application for certain property to wit:
Portion of Sections 22,26,27,28,33 and 34 in Township 12 south, Range
4 west, in the City of Carlsbad,
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 29th day of May, 1991, consider
said request; and
WHEREAS, at said hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all
factors relating to the Planning Commission Determination; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as
follows:
A> That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL of HDP 90-2, based on the following findings and subject
to the following conditions:
Findings:
1. All Endings of CI’ 90-15, Resolution No. 3153 are incorpo~ted herein by
reference.
2. The project complies with all of the development and design provisions of the
Hillside Ordinance.
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The net grading amounts of 7,407 cubic yards per acre falls within the acceptable
range required by the City Hillside Development Ordinance.
The project: (1) preserves significant environmental resources and all major steep
slopes in open space and (2) incorporates terraced lots and cuwilinear streets into
the projects design.
The project does not encroach into major 40% slope areas.
Although the project does create one manufactured slopes which exceed 30 feet
in height, this slope is exempted and/or mitigated consistent with the Hillside
Ordinance.
Conditions:
1. All conditions of CT 90-15, Resolution No. 3230, and the Mitigated Negative
Declaration Resolution No. 3227, are incorporated herein by reference.
2. Approval is granted for HDP 90-20, as shown on Exhibits “A” - “K’, dated April 12,
1991, incorporated by reference and on file in the Planning Department.
Development shah occur substantially as shown unless otherwise noted in these
conditions.
3. Approval of HDP 90-20 is granted subject to the approval of CI’ 90-X.
. . .
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PC RRSO NO. 3231 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 29th day of May, 1991, by
the following vote, to wit:
AYES: Chairperson Holmes, Commissioners: Schlehuber, Schramm, Savary,
Noble & Hall.
NOES: Commissioner Erwin.
ABSENT: None.
ABSTAIN: None.
ROBERT HOLMES, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
” MICHAEL J. HOLjMILtiR
PLANNING DIRECTOR
PC RESO NO. 3231 -3-
DATE:
TO:
FROM:
SUBJECT:
MAY 29, 1991
PLANNING COMMISSION
PLANNING DEPARTMENT
MC
- Request for a Master Plan Amendment/Local Coastal Program Amendment
for Planning Area 24 of Aviara Master Plan 177 to: (1) change permitted
single family lot sizes from small lot (minimum 5000 SF) to minimum 7500
SF, (2) reduce maximum dwelling unit potential from 193 du’s to 118 du’s,
(3) increase open space by 4.3 acres and (4) modify Master Plan
development standards and design criteria. The approval of a 54.6 acre/122
lot/l 18 dwelling unit Tentative Tract Map and Hillside Development Permit
for Planning Area 24 is also being requested. The project site is located at the
southeast comer of the intersection of Alga Road and future Poinsettia Lane,
in Local Facilities Management Zone 19.
I. RECOMMENDATION
STAFF REPORT
APPLICATION COMPLETE DATE:
November 4, 1990
6U
0 4
That the Planning Commission ADOPT Planning Commission Resolution No. 3227
recommending APPROVAL of the Mitigated Negative Declaration issued by the Planning
Director and ADOPT Planning Commission Resolution No’s 3228, 3229, 3230 and 3231
recommending APPROVAL of MP-1 77(D)/LCPA 90-6/CT 90-lS/HDP 90-20, based on the
findings and subject to the conditions contained therein.
II. PROJfXl- DESCRIPTION AND BACKGROUND
This project is a Master Plan Amendment, Local Coastal Program Amendment, Tentative
Tract Map, and Hillside Development Permit for Planning Area 24 of the Aviara Master
Plan 177. Planning Area 24 is located at the southeast comer of the intersection of Alga
Road and future Poinsettia Lane. The subject property is zoned PC and is under a
Combination General Plan Designation of RLM/RM/OS/RC/N. The existing Master Plan
designates the site for a maximum density of 3.6 du/ac.
As shown on Exhibits “A” and “B”, the Tentative Map includes 118 minimum 7500 SF
single family residential lots and 4 open space lots (15.2 acres) over the 54.61 acre
Planning Area. The project open space areas are predominantly comprised of dense coastal
sage and chaparral covered slopes. The northwestern comer of the Planning Area (a
MP-177(D)/LCPA90-6/W 90-lS/HDP 90-20 - AVIARA PA24 MAY29,1991
PAGE2
portion of lot 22) will be dedicated and graded for future Poinsettia Lane. The project
would have a density of 2.16 du/ac. This density is well below the site’s maximum
permitted density of 3.6 du/ac.
The proposed project would be accessed via Alga Road, which is located along the southern
and western perimeters of the property. Two 60 foot wide Local Streets (Nightshade Drive
and Caspian Lane) would be constructed to intersect with Alga Road and provide access
to the project’s residential lots.
Proposed project grading includes 375,000 cubic yards of cut and 590,000 cubic yards of
fill (including the existing onsite stockpile which totals 215,000 cubic yards). Of the total
project grading, 21,500 cubic yards is for the construction of a portion of Poinsettia Lane.
The proposed Master Plan Amendments to Planning Area 24 include:
A. Change permitted single family lot sizes from small lot (minimum 5000 SF) to
minimum 7500 SF in area.
B. Modify Planning Area development standards to be consistent with the minimum
development standards of the R-1-7500 zone and other up-to-date citywide
ordinances and policies.
C. Reduce maximum permitted dwelling unit potential (from 193 du’s to 118 du’s)
within Planning Area 24 while increasing open space from the anticipated Master
Plan total of 10.9 acres to 15.2 acres (increase of 4.3 acres).
The northwestern portion of the project site has been disturbed as a consequence of a City
approved stockpile operation. The central and northeastern portions of the site exist as
level ridge tops formerly under agricultural use. These ridge tops are surrounded by side
slopes which are vegetated with chaparral and coastal sage scrub habitat. The site is
surrounded by agricultural uses to the north and east, Alga Road to the south and
undeveloped single family residential Planning Area 25 to the west.
This project is located within the Mello I segment of Carlsbad’s Local Coastal Program. In
that the existing Master Plan serves as the implementing ordinance for this area of the
Mello I Local Coastal Program, a Local Coastal Program Amendment shall be required to
be processed through the California Coastal Commission.
MP-177(D)/LCPA 90-6/~1’ 90-lS/HDP 90-20 - AVIARA PA 24 IWiY29,1991
PAGE 3
III. ANALYSIS
MASTER PLAN AMENDMENT - MP-177(D)
Planning Issues
1. Are the proposed land use changes consistent with the intent of Master Plan 177?
2. Will the proposed land use change from small lot single family (minimum 5000 SF)
to standard single family (minimum 7500 SF) be consistent with the General Plan?
3. Are the proposed land use changes compatible with surrounding uses?
4. Are the proposed development standards revisions consistent with the intent of
Master Plan 177?
DISCUSSION
As proposed, the land use changes (small lot single family to R-1-7500 single family) and
development standards revisions in Planning Area 24 are consistent with the intent of
Master Plan 177 and would be consistent with the General Plan. This proposed land use
change would be consistent with the Master Plan goal of ensuring that development is
compatible with existing and future surrounding uses. Specifically, the properties to the
west and south (Aviara Planning Areas 25 and 26 respectively) are planned for the
development of R-l -7500 single family residential, and the properties to the north and east
have a General Plan designation of RLM (Residential Low Medium 3.2 du/ac.) Although
this land use change would reduce the number of potential small lot single family
residences within Master Plan 177 from 15% to 10% of total Master Plan dwelling units,
the Master Plan housing product mix (63% multi-family/37% single family) would be
unchanged through this proposed amendment. Therefore, this revision would be consistent
with the Master Plan goal of providing “a well balanced and functional mix of residential
uses.
This land use change will result in the reduction in permitted number of dwelling units
within Planning Area 24 from 193 to 118. The site density will be reduced from 3.6
du/ac. to 2.16 dy/ac. This density would be consistent with the combination General Plan designation of (RM/RLM/OS/RC/N) over the Master Plan. In addition, the reduction in
density of this Planning Area to 2.16 du/ac. would ensure compatibility with surrounding
properties, which are designated RLM (3.2 du/ac.).
As discussed above, the proposed land use revisions from small lot (minimum 5000 SF)
single family to standard single family (minimum 7500 SF) would be compatible with
surrounding future single family residential.
My-177(D)/LCPA 90-6/c I’ 90-lS/HDP 90-20 - AVIARA PA 24
MAY 29, 1991
The proposed development standards revisions for Planning Area 24 would also be
consistent with the intent of Master Plan 177. The revised development standards would
be as or more restrictive than the standards of the R-1-7500 zone, and would ensure
consistency of all R-l -7500 Master Plan neighborhoods. The specific development standard
changes include the following:
1. Revise the maximum structural height limit from 28 feet as measured to the
midpoint of the roof to 30 feet as measured to the peak of the roof. This revision
will likely reduce the heights of the single family residences proposed in this
Planning Area.
2. Require that 15% of the dwelling units constructed in this Planning Area be a
maximum of one story (22 feet measured to the highest roof peak) in height. This
Planning Area currently does not require any one story dwelling units.
3. Require that all dwelling units be setback a minimum of 30 feet from the SDG&E
easement which is located within the northeast comer of the Planning Area. This
setback would ensure utility setback consistency with all other Aviara Planning
Areas.
4. Require that 36 of the proposed 120 dwelling units have a 24 foot front yard
setback instead of the required 20 foot front yard setback. This amendment will
create variety in the neighborhood street scene.
5. Replace all existing Planned Development standards with R-1-7500 development
standards.
LOCAL COASTAL PROGRAM AMENDMENT- LCPA 90-6
Planning Issues
1. Is the proposed Local Coastal Program Amendment consistent with the zoning and
General Plan designation of the subject property?
DISCUSSION
California State Law requires that the Local Coastal Program, General Plan and zoning
upon a subject property be consistent. The project site is located within the Mello I Local
Coastal Program. Master Plan 177 constitutes the zoning for the subject property, and also
functions as the implementing ordinance for this section of the Mello I Local Coastal
Program. As discussed above, the change from small lot single family to standard single
family lots (minimum 7500 SF) would be consistent with the Master Plan’s combination
General Plan designation of RM/RLM/OS/RC/N. In that Master Plan 177, as amended and
,4 *
My-177(D)/LCPA 90-~/LA 90-lS/HDP 90-20 - AVIARA PA 2% MAY 29, 1991
the underlying Mello I Local Coastal Program must be found to be in conformance, staff
concludes that LCPA 90-6 is consistent with the zoning and the General Plan.
TENTATIVE TRACT MAP/HILLSIDE DEVELOPMENT PERMIT - CT 90-15/HDP 90-20
Planning Issues
1. Does the proposed Tentative Map satisfy all requirements of the Subdivision
Ordinance and the State Map Act?
2. Does the proposed Tentative Map comply with the requirements of the Hillside
Ordinance (Chapter 21.90 of the Carlsbad Municipal Code)?
3. Is the proposed project in compliance with the Interim Open Space Ordinance?
4. Does the proposed project Adequately mitigate encroachment into previously deed
restricted coastal resource areas?
5. Is the proposed project in compliance with the Mello I Local Coastal Program?
6. Is the proposed project in compliance with the Zone 19 Local Facilities Management
Plan?
DISCUSSION
Tentative Map - CT 90-15
The 54.6 acre, 122 lot ( i.e. 118 residential and 4 open space) Tentative Tract Map
conforms with all requirements of the R-l -7500 zone, Carlsbad’s Subdivision Ordinance and
the State Map Act. All proposed residential lots will front on publicly dedicated streets,
have been designed to drain adequately and meet the minimum development standards of
the R-1-7500 zone. Specifically, all lots are:
1. A minimum of 7500 square feet in area;
2. A minimum of 60 feet in width;
3. A minimum of 90 feet in depth; and
4. Do not exceed a depth to width ratio of 3:l.
Hillside Development Permit - HDP 90-20
The Tentative Map for Aviara Planning Area 24 generally complies with all development
and design provisions of the Hillside Ordinance. Consistent with the design guidelines of
the Hillside Ordinance, the Tentative Map has been designed to: (1) preserve significant
environmental resources, (2) incorporate terraced lots and curvilinear streets into the
project’s design, and (3) maintain all major steep slopes in open space.
/4 4. .
MP-177(D)/LCPA 90-6/cl’ 90-lS/HDP 90-20 - AVIARA PA 24
MAY 29, 1991
Total project grading would include 375,000 cubic yards of cut and 590,000 cubic yards
of fill (including the existing onsite stockpile which totals 215,000 cubic yards) over 37.80
acres (15,616 cubic yards per disturbed acre). Of the total project fill, 457,500 cubic yards
(77%) is required for the development of Unit 4 of this Tentative Map (See Exhibit “D”).
Master Plan 177 designates Unit 4 of Planning Area 24 for residential development. The
Master Plan Environmental Impact Report (EIR 83-2A) identified no significant
environmental resources in this area of the Master Plan.
As discussed in Attachment “A”, the grading required for the development of Unit 4 of CT
90-15 is directly a consequence of two Circulation Element Roads (Alga Road and Poinsettia Lane). Specifically, the natural topography of Unit 4 (without the existing
stockpile) is up to 50 feet below the existing grades of Alga Road and Poinsettia Lane. In
order for Unit 4 to be developed, consistent with Master Plan 177, it must be raised to an
adequate elevation to drain and gravity sewer to existing utility systems in Alga Road.
Development of the Unit 4 site at an elevation lower than that proposed, would: (1)
require the use of a sewer pump station (in violation of City Engineering Policy) and (2)
would create a “sump” drainage condition. In accordance with these findings, this grading
is exempted under Section 95.070(2) of the Hillside Ordinance. Deduction of this grading
amount, results in a net project grading total of 7407 cubic yards per disturbed acre. This
amount of grading is defined as “acceptable” under the Hillside Ordinance.
A slope analysis study was conducted for the proposed Tentative Map (See Exhibits “G”-
“H”). As designed, the project does not encroach into any major 40% slope areas. To a
large degree, these slope areas have already been placed under an open space deed
restriction by the California Coastal Commission.
The proposed Tentative Map includes one manufactured slope (north of lots 100-102)
which exceeds a height of 30 feet. The construction of this maximum 50 foot high slope
is necessary to prevent grading encroachment into an offsite canyon to the north. Although
the Conceptual Development Plan for Planning Area 24 (Aviara Master Plan - pg. 164)
anticipated offsite grading into this canyon, subsequent environmental study indicates that
this canyon merits preservation in open space based upon the sighting of Blacktailed
Gnatcatchers within this coastal sage scrub and chaparral vegetated canyon. In that this
manufactured slope as proposed, preserves this native canyon, it is exempted from
complying with the 30 foot high manufactured slope height limit of the Hillside Ordinance
(Section 21.95.070(3)).
The project applicants are proposing to enhance the appearance of all manufactured slopes through a landscape program (See Exhibits “[“-“.I”). In addition, a widened landscaped
parkway (15.5-20 feet wider than the required right-of-way) along Alga Road and
Poinsettia Lane is proposed to enhance the appearance of the project.
t
,- ,L-
MP-177(D)/LCPA 90-6/~l’ 90-lS/HDP 90-20 - AVIARA PA 24
MAY 29, 1991
Interim Open Space Ordinance
The project as proposed is in compliance with the City’s Interim Open Space Ordinance.
As shown on Exhibit “K”, although the project does encroach into open space areas identified on the City’s “Comprehensive Open Space Network Map”, all necessary findings
can be made to support this encroachment. Specifically:
1. The project encroachment (0.68 acres) will be mitigated through a project give back
of 5.01 acres (a net acreage gain of 4.33 acres).
2. On an acreage basis, the replacement open space is environmentally superior to that
open space which is being encroached upon, as noted below.
3.
Habitat ‘Take Areas” “Give Back Areas”
Coastal Sage Scrub 0168 acres 5.01 acres
The proposed replacement open space areas are also located in close proximity to
other existing open space areas as shown on Exhibit “I?‘.
On April 25,1991, this proposed open space exchange was reviewed and unanimously
approved by the City,s Open Space Advisory Committee.
Local Coastal Program
Planning Area 24 is located within the Mello I Local Coastal Program. When Master Plan
177 was approved by the California Coastal Commission in April of 1988, it became the
implementing ordinance for this Local Coastal Program. As a condition of this approval,
open space deed restrictions were placed over 248 acres of the Aviara Master Plan site.
Included within these 248 acres of open space were: (1) areas containing steep slopes
(25% or greater) which also possess endangered species and or Coastal Sage Scrub or
Chaparral plant communities (referred to as “Dual Criteria Areas”) and (2) other areas such
as Eucalyptus groves or Coastal Sage Scrub which do not meet the “Dual Criteria” but were
placed in open space as mitigation for “Dual Criteria” encroachment on the Phase I hotel
and Planning Area 13 sites. Both the Coastal Commission and City of Carlsbad
unanimously supported this mitigation program because it resulted in the preservation of
82 additional acres of open space, over and above that which would be preserved through
a strict interpretation of the existing Mello I Coastal Program “Dual Criteria” requirement.
As shown on Exhibit “F”, Planning Area 24 contains 14.5 acres of coastal deed restricted
area. Grading associated with the PA 24 Tentative Tract Map proposes encroachment into
a total of 2.0 acres of this Coastal deed restricted acreage. This encroachment is labeled
as ‘Take Area” on Exhibit “F”. This project proposes to “Give Back” 2.80 acres of non-deed
restricted area as mitigation for this encroachment. A biological study of these “Take” and
/L- -4
‘MP-1;7(D)/LCPA 90-6/ L , 90-lS/HDP 90-20 - AVIARA PA 2% .
MiY 29, 1991
“Give Back” areas (see Attachment “B”) concludes that the “Give Back” acreage is
biologically superior habitat (a net increase of 1.21 acres of Coastal Sage Scrub).
Encroachment into “Dual Criteria” habitat area has largely been avoided. Only .008 acres
of the 2.01 acre encroachment meets the “Dual Criteria”. This .008 acre area (“Take Area
G” as shown on Attachment “A”) is in a cut slope required for the construction of
Nightshade Drive. The roadway elevation at this point, and the corresponding slope height
is necessary to prevent a sump drainage condition. The City of Carlsbad and California
Coastal Commission have both allowed Coastal deed restricted tradeoffs within the Aviara
Master Plan provided that the tradeoff does not reduce the net acreage of deed restricted
area, and the biological value is maintained. In view of the fact that this mitigation
program appears to accomplish these goals, staff concludes that the project as proposed,
adequately mitigates project encroachment into Coastal deed restricted areas. Other
encroachment mitigation incorporated into the project includes a Habitat Enhancement
Program, which revegetates 5.36 acres of manufactured slopes with native vegetation (see
Exhibit “I’‘-“S’).
Otherwise, in that Master Plan 177 is the implementing ordinance for this section of the
Mello I Local Coastal Program, approval of this Master Plan Amendment request will ensure
compliance. Because the Planning Area 24 Tentative Tract Map also either avoids, or
adequately mitigates project encroachment into Coastal deed restricted habitat areas, it is
also found to be in compliance with the underlying Local Coastal Program.
Growth Management Ordinance
The project is located in Local Facilities Management Zone 19 in the southwest quadrant.
At the project dwelling unit count (118 units) the proposed project is 75 dwelling units
below that allowed per Local Facilities Management Zone 19. All public utilities and
services will be available to serve the project.
0-- .LI .
M-P-177(D)/LCPA 90-6/bI'90-lS/HDP 90-20 - AVIARA PA 2-r
MAY29,1991
The impact on public facilities created by the proposed project and compliance with
adopted performance standards are summarized below:
FACILITY IMPACT COMPLIANCEWITHSTANDARD
II City Administration I 437.37 SF I YES II
Library
Waste Water
P&S
Drainage
Circulation
233.40 SF
118 EDU
.874 Acres
N/A
1180 ADT
YES
YES
YES
YES
YES
Fire
Schools
Sewer Collection System
Station #4 YES
N/A YES
118 EDU YES
Water Distribution System 25,960 GPD YES
Open Space N/A YES
Iv. ENVIRONMENTAL REVIEW
The Planning Director has determined that this project with the implementation of
mitigation measures, will not have a significant impact on the environment and, therefore,
has issued a Mitigated Negative Declaration on March 28, 1991. The environmental
analysis, along with the field checks by staff, identified that because: (1) the project site
has already been reviewed with the Aviara Master Plan EIR 83-2(A); (2) as proposed the
project implements all recommended mitigation measures of EIR 83-2(A); (3) the lot size
revisions as proposed will be compatible with surrounding existing or future uses; (4) the
project will either preserve in open space or replace with comparable quality and acreage
the previously coastal deed restricted habitat; and (5) the project as proposed preserves an
additional 4.3 acres in open space than originally anticipated under MP 177, no significant
environmental impacts are anticipated. However, mitigation measures shall be required
to be implemented with this project. These include: (1) implementation of a cultural
resources data recovery program at site SD1 6753; (2) full landscaping of all major
manufactured slopes; (3) prohibition of grading during the Black Tailed Gnatcatcher
breeding season (March 1 - June 1); (4) a requirement to deed restrict in open space all
“Give Back” areas; (5) a requirement to field-stake all deed restricted areas prior to the
issuance of grading permits and (6) a requirement to implement all sound attenuation
measures identified in the Acoustical Analysis for P.A. 24 (Mestregreve, 1990).
. ?A 4
MP:1 77(D)/LCPA 90-6/c, 90-l S/HDP 90-20 - AVIARA PA 25
MAY 29, 1991
PAGE 10
In summary, staff is recommending approval of the following:
1. Approval of MP-177(D) because the proposed land use changes and development
standards revisions are consistent with the General Plan and the intent of Master
Plan 177, the proposed land use changes are compatible with surrounding uses, and
the proposed land uses changes will result in a balanced mix of housing within the
Master Plan and City.
2. Approval of LCPA 90-6 because the LCPA is consistent with the zoning and General
Plan.
3. Approval of CT 90-lS/HDP 90-20 because the project is in compliance with the
Subdivision Ordinance, State Map Act, Hillside Ordinance, underlying Local Coastal
Programs and Zone 19 Local Facilities Management Plan.
ATTACHMENTS
1.
2.
3.
4.
Z:
7.
8.
9.
Planning Commission Resolution No. 3227
Planning Commission Resolution No. 3228
Planning Commission Resolution No. 3229
Planning Commission Resolution No. 3230
Planning Commission Resolution No. 3231
Location Map
Background Data Sheet
Disclosure Form
Attachment “A”, dated March 21, 1991 - Justification for Hillside Ordinance
Compliance
10. Attachment “B” - Biological Study and Map of Coastal ‘Take” and “Give Back” areas
11. Attachment “C” - “Noise Analysis for Aviara PA 24”
12. Exhibits “A”-%“, dated April 12, 1991.
April 11,199l
CDD:vd:rvo
NOTICE OF COMPLETION - _ -
MaiI tu: -- State Clearinghouse, 1400 T, Street, Rm. 121, Sacramento, CA 95814 - 91 S-0613 _- --- --. -'
see NOTE Belw:
I
SCH t
Project Title: Aviara PA-24 - MP ln(D)/LCPA 90-6/CT 90-15
Lead Agency: City of CarlaM Contact Person: Chris DeCerbo
Street Address: 2075 Las Palmes Drive Phone: (619) 638-1161. ext. 4445
city: Carlsbad Zip: 93Jo9 county: San Diego
__________.__...____--------.--.-------------------------.--------------------.-.----------------------------------.----..--~..
PROJECT locATION:
County: San Diego City/Nearest Comnnity: Carlsbad
Cross Streets: ALoa Road/Poinsettia Lane Total Acres: 5L.6
Assessor's Parcel No. Section: 215-040-16 hp. Range: Base:
Uithin 2 Mites: State Hwy 8: I-5 Yaterwys: Batiauitos Laaoon Airports: Palornar Railways: Cartsbad Schools: Cartsbad
________________________________________-------.--------.----------.-----.---------------------.---.----------.--------------.---
DOUMENT TYPE
CEQA: - NOP
Early Cons
7 nit Ncg Dee
z Draft EIR
- SupQlelnMt/subsequent
EIR (Prior SCH No.)
z Other
YEPA: - NO1 OTHER: - Joint Docent
- EA Final Docunent
- FONSI:
Draft EIS z Other
_______.-____.___.__.------.----------------.-.--------.-----..--..----------.-.---------..-----------.-------------------------
LOCAL ACTION TYPE
- CeneraL Plan Update Specific Plan Rezone
- General Plan Amen&ent X Uaster Plan Amend - Prezone
Annexat ion
- Redeveloprent
- General Plan Element - Planned Unit Developnent z Use Permit Coastal Permit
- Coomunity Plan - Site Plan X Land Division (Subdivision, x Other Hillside
Parcel Map, Tract Map, etc.) ___--____-.__--___-________________I____-----..--------------------..---.------..-----.-.----.---------------.------------------
DEVELMYT TYPE
X Residential: Units 120 Acres 54.6 Uater Facilities: Type
- Transportation: MGD Office: Sq. Ft. Acres
E Ccunnarcial:
Enployeea
- Mining: fypc sq. Ft. Acres Enplo~-s .- Hineral
- Industrial: Sq. Ft. Acres - EW~OY=S - ZPouer: TYpc Uatts -
- Educational Uaate Treatmant:
- Recreational = Hazardous Uaste: TYpe Type
- Other:
____-__.__.-____--__*-----------.---.----.------.---..--------.-----------------.-.---------.---------.-.----------.----..-------
PROJECT ISsLlES DISWSSED Ill DORUM
x Aesthetic/Visual X Agricultural Land
7 Air Quality 7 Archaeological/Historical
X Coastal Zone x Drainage/Absorption
- Economic/Jobs
- Fiscal
Flood Plain/Flooding - Forest Land/Fire Hazard - Schools/Universities
x Geologic/Seismic - Septic Systema
- Sauar Capacity Minerals
x Noise - Soil Erosion/Carpection/Grading Solid Uaste 7 Population/Housing Balance - Toxic/Hazardous
x PtiLic Services/Facilities 7 Traffic/Circulation
x Rawest i on/Parka X Vegetation
_-_-____-..._..._____-------.----.---..-----------------..-------------.------------..-------------...
Present lard Use/Zmi~ 1 Plm Use
Uater Quality
- Uater Supply/
- Ground Uater
Uetland/Riparian
7 Wildlife
- Growth
XLanduse
Inducing
- Curulative Effect
- Other ,____.__.-.__..___.-.-------
RLM - Residential Low IMdiu 3.2 du/ac
PC - Planned Coimunity
----__...-___-.___---------.-------*---------------.-.-----------------------.----.---------.------------.-----.--.----------.--
Project Description
(A) Master Plan Amen&en t/Local Coastal Progrrn Amanbvmt to: (1) change permittad single family lot sizes fra small lot to minimux
7,500 sf, (2) reduce mexisus dwelling vlit potential from 193 du’o to 120 dues, (3) increase opan space by 4.3 acres and; (4) modify
Master Plan developfnent standards and design criteria for Plaming Area 24 of the Aviara Master PLan. (8) A 54.6 acre/124 lot/l20 duelling writ tentative map, and Nillaide Developlant Permit for Aviara PA 26.
ROTE: CLearinghouse will assign identification nubera for all neu projects. If a SCW nu&ar already exists for a project (e.g.
from a Notice of Preparation or previous draft downant) please fill it in. Revised October 1989
CDD:km
-
ATTACHMENT “Z”
(Cover Sheet)
The Master Plan revisions contained in Attachment “Z” cover only those portions of each
Master Plan page upon which revisions are proposed. Those portions of each page of the Master Plan which are not proposed for revision are not included in Attachment “Z” but
shall remain as part of the amended Master Plan text.
ATTACHMENT “Z”
June 5, 1991
CHAPTERV - PLANNING AREA DEVELOPMENT STANDARDS
PAGE163 PRESENTLYREADSAS:
PLANNING AREA 24: SINGLE FAMILY RESIDENTIAL
DESCRIPTION:
This 53.9 acre planning area located at the northwest entrance to the Master Plan area will
include small lot single family detached homes. The intersection of Poinsettia Lane and
Alga Road is located at the northwest corner of the planning area. A 150-foot wide public
utility corridor is located in the northwest portion of this neighborhood.
DEVELOPMENT STANDARDS: PD
All development in this planning area shall conform to the development standards of the
PD Ordinance (Carlsbad Municipal Code, Chapter 21.45090) unless otherwise noted in this
chapter.
USE ALLOCATION: Maximum of 193 residential units (3.6 DU/AC). Recreational facilities are required.
PERMITTED USES:
Single family detached residential units. Private recreation facilities are required in
conjunction with the residential units.
SITEDEVELOPMENTSTANDARDS:
Height:
The maximum height allowed in this planning area is 28 feet as defined by Section
21.04.065 of the Carlsbad Municipal Code.
Lot Size:
The minimum lot size shall be 5,000 square feet. The minimum lot width shall be 50 feet,
except that lots which front on knuckles or cul-de-sacs shall have a minimum frontage of
35 feet.
Setbacks:
All dwelling units shall be setback a minimum of 50 feet from the Alga Road right-of-way
and 50 feet from the Poinsettia Lane right-of-way. The standard front yard setback shall
be 20 feet. In order to provide a variety of front yard setbacks, a minimum of 60 units
shall have 24foot setbacks. The distance between single story structures shall not be less
than ten feet. The distance between two story structures shall not be less than twenty feet.
1
The distance between one and two story structures shall not be less than fifteen feet. Rear
yard setbacks shall be a minimum of 15 feet of usable area (slope does not exceed 10%).
All dwelling units shall be located a minimum of 25 feet from the westerly planning area
boundary.
AMENDED PAGE 163 SHALL READ AS:
PLANNING AREA 24: SINGLE FAMILY RESIDENTIAL
DESCRIPTION:
This S39 54.6 acre planning area located at the northwest entrance to the Master Plan
area will include small-& single family detached homes. The intersection of Poinsettia
Lane and Alga Road is located at the northwest corner of the planning area. A 150-foot
wide public utility corridor is located in the northwest portion of this neighborhood.
DEVELOPMENT STANDARDS: Pg R-1-7500
All development in this planning area shall conform to the development standards of the
R-l One Family Residential Zone described in Chapter 21.10 of the Carlsbad Municipal . . Code nr\ 9 . . unless otherwise noted
in this chapter.
USE ALLOCATION:
Maximum of W3 120 residential units (3& 2.1 DU/AC). -
w
PERMITTED USES:
Single family detached residential units. Private recreation facilities are req&ed& . . . . . 1 also allowed but are not required.
SITE DEVELOPMENT STANDARDS:
Height:
The maximum height allowed in this planning area is 28 30 feet as measured to the peak
of the highest roof. At least 15% of the dwelling units shall be one story and shall not . exceed a height of 22 feet to the peak of the roof &&&+&wB 21 Q+O&&Xe . .
.
Lot Size:
The minimum lot size shall be 5;eee 7,500 square feet. The minimum lot width shall be
58 60 feet, except that lots which front on knuckles or cul-de-sacs shall have a minimum
frontage &&&et pursuant to Chapter 20.16.016 of the Carlsbad Municipal Code. At
least 15% of each lot shall be reserved for open space. This open space shall be located
in the rear yard and shall not exceed a gradient of S”/6.
Setbacks:
All dwelling units shall be setback a minimum of 50 feet from the Alga Road right-of-way
and 50 feet from the Poinsettia Lane right-of-way. The standard front yard setback shall
be 20 feet. In order to provide a variety of front yard setbacks, a minimum of 60 36 units . shall have 24foot setbacks. S
3
dwelling units shall be setback a minimum of 30 feet from the SDG&E easement. All
dwelling units shall be located a minimum of 25 feet from the westerly planning area
boundary.
PAGE 164 PRESENTLY APPEARS AS:
Legend Key Map
Natural Slopes (to be preserved)
Entry Ttaatmont
WaII/F*nclng
Scenic Point
View Orlontrtlon
Design Criteria - Planning Area 24
-164-
Exhibit V-25
AMENDED PAGE 164 SHALL APPEAR AS: I‘- 1 mm-
Legend Key Map w Cntry trortnmlt Samlo Point
0
0 : WatIIFonclng Vlow Orlontrtlon
d
. .
0 Trrll
Design Criteria - Planning Area 24 . Exhibit V-25
-164-
PAGE 165 PRESENTLY READS AS:
Fencing:
If required as a result of a noise study, a noise attenuation structure shall be required
where residential lots are located adjacent to Alga Road and/or Poinsettia Lane. The
structure may consist of a masonry wall, earthen berm or combination of the two. The
noise study shall be conducted prior to submittal of the Site Development Plan. If the
noise attenuation structure is not required in any of these areas, a decorative solid 6-foot
fence or wall shall be required. In either case a solid fence or wall shall begin at the
intersection of Poinsettia Land and the northerly Planning Area boundary and extend along
all portions of the northerly and easterly planning area boundaries where adjacent
development exists. In addition, a solid or open fence shall be required along the rear
yards of all lots located adjacent to the natural open space on the north side of Alga Road.
Open fences shall extend along each side of the public utility corridor within the planning
area. These fences shall be uniform in design.
AMENDED PAGE 165 SHALL READ AS:
Fencing:
If required as a result of a noise study, a noise attenuation structure shall be required
where residential lots are located adjacent to Alga Road and/or Poinsettia Lane. The
structure may consist of a masonry wall, earthen berm or combination of the two. The
noise study shall be conducted prior to submittal of the site Development Plan for this
Planning Area. If the noise attenuation structure is not required in any of these areas, a
decorative solid 6-foot fence or wall shall be required. In either case a solid fence or wall
shall begin at the intersection of Poinsettia Lane and the northerly Planning Area boundary
and extend along all portions of the northerly and easterly planning area boundaries where
adjacent development exists. In addition, a solid or open fence shall be required along the
rear yards of all lots located adjacent to the natural open space on the north side of Alga
Road. Open fences shall extend along each side of the public utility corridor within the
planning area. These walls and fences shall be H&#&W& designed to incorporate
landscaped popouts/insets and other relief features.
PAGE 166 PRESENTLY READS AS:
Onen Snace:
All manufactured slopes shall be maintained as open space. The undeveloped area located
in the south-central portion of the planning area shall be maintained as natural open space.
The public utility corridor shall be maintained as open space. Use of the public corridor
as a passive recreation area is encouraged. All open space areas described above shall be
maintained by the community open space maintenance district.
AMENDED PAGE 166 SHALL READ AS:
Onen Snace:
All manufactured slopes shall be maintained as open space. The undeveloped areas located . in this e planning area shall be maintained as natural open
space. Use of the public utility corridor as a passive recreation areas is encouraged. All
open space areas described above shah be maintained by the community open space
maintenance district.
8
BACKGROUND DATA SHEET -
CASE NO.: MP-177(D)/LCPA 90-6/CT 90-lS/HDP 90-20
CASE NAME: AVIAF4.A PLANNING AREA 24
APPLICANT: AVlARA LAND ASSOCIATES
REQUEST AND LOCATION: Master Plan Amendment/Local Coastal Program Amendment to:
(1) change nermitted single familv lot sizes from small lot to minimum 7500 souare feet, (2) reduce
maximum dwelling unit notential from 193 du’s to 118 du’s. (3) increase open space by 4.3 acres,
and (4) modifv Master Plan development standards and design criteria. The apnroval of a 54.6
acre/l18 du Tentative Tract MaD and Hillside DeveloDment Permit is also being requested.
LEGAL DESCRIPTION: Portions of Section 22.26.27.28.33 and 34 in TOWERED 12 south, Range
4 west, in the Citv of Carlsbad APN: 215-040-16
(Assessois Parcel Number)
Acres 54.6 Proposed No. of Lots/Units 122/118
GENERAL PLAN AND ZONING
Land Use Designation RLM
Density Allowed 3.6 du/acre Density Proposed 2.16 du/acre
Existing Zone PC Proposed Zone PC
Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning
Requirements)
zoninq Land Use
Site PC undeveloned
North LC Agriculture/Qpen Space
south PC Alga Road
East LC Agriculture/Open Space
West PC undeveloped PA 25 - Residential
PUBLIC FACILITIES
School District Carlsbad Water District Carlsbad Sewer District Carlsbad
Equivalent Dwelling Units (Sewer Capacity)
Public Facilities Fee Agreement, dated April 30. 1991
ENVIRONMENTAL IMPACT ASSESSMENT
_X Mitigated Negative Declaration, issued March 28. 1991
- Certified Environmental Impact Report, dated
Other, CDC:vd
XPP~~PI~~ S;A?-EMEK; OF DISCLCSU;IE OF CtnTAlN OWNERSHIP fHTE==S ON AU APPUCkTIONS WHICH WIU ~QUI~~E
CISCR~,ONARY ACROU ON %E PAki OF ?irE G7 CCUNCIL. OR AM’ APPO~ 8OGQ COMME.SON OR C~MMI&
{?letse Print)
Tie fcllowing information must be disclosed:
1. Aoollcati
Lst Lye names and addresses of all persons having a tkancii interest in the application. Aviara Land Associates Limited Partnership
2011 Palomar Airport Rd. Suite 206 Carlsbad, CA 92009 .
2 Owner
Es? $Ye names and addresses of all persons having any ownersSp interest in the property involved.
Avinra T.and rsmpanv 2 ll~lnwn~ lir lbvelnpent Cn corporation . a California corporation
450 Newport Center Drive 180 N. Riverview Drive
Suite 304 - . Suite 130
Newport Beach, CA 92660 Anaheim, CA 92808
3. If any person iden’tied pursuant to (1) or (2) above is a corporation or partnership, list the. names and
addresses of all individuals owning more than I 0% of *de shares in the corporation or owning any partnership
interest in the partnership. Henry Hillman 450 Newport Center Drive
Suite 304 Newport Beach, CA 92660
4. if any person identied pursuant to (1) or (2) above is a non-profit organitation or a trust, list the names and
addresses of any person serving as of5cer or director of tie non-proi% organization or as trustee or beneficivy
of the trust
N/A
Disricsure SMemeti
(Over)
Page 2
c . . :+-‘.ave you had mara tkn 5250 wofLh of business transacM wi3 any member of city ~~23, 5crrc
Car;lnissians, Commitrtes and Councii d&in the past twelve mom?
Yes- - No X If yes, please indicrte persan(s)
_
Peoon .b crtined u: ‘*my indiv;dud, SI-ZL wpmrohip. joimrrae. doa w&l dub. frummd oqmtzmon. rtporaoon. l ~t*. wi,
rcs--r. vndisr~e. Dia and y ortd cow. by md UU~, &y muni~i. dhk 01 m &bcrl ubdwbke. or y emu group or
wmoinrjon ccsn~ u l unrt’
(NO’%: Arrac!! additiort Fages as nxeswy.)
Aviara J-and Associates Limited Partnership, Aviara Land Associates .Lim.ited Partnership,
a Delaware limited partnership a Delaware limited partnership
BY: __Aviara Land -pany, a Delaware corporation, GeneraI Partner BY: Aviara Land,,qmpany, a Delaware
A------,
L corporation; General Partner I
By: ’ ,‘------ 1 .I _
Signkhc Lof O&r -lpgps/vlce President Of&$$&$~QIice President
By: -,,, Sec- t Secretary
BY: Republic Development Co., a By: Republic Development Co., a
Signature of Owner/Date Signature of Applicant/Date
Ted L. Eio Secretary Ted L. Hoover/W Secretar
Print or Type Name of Owner 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.: Aviara Planning Area 24 (MP-177(D)/CT 90-WLCPA 90-6/HDP 90-20)
LOCAL FACILITY MANAGEMENT ZONE: 19 GENERAL PLAN: & ZONING: pC
DEVELOPER’S NAME: Aviara Land Associates
ADDRESS: 2011 Palomar Airport Road
PHONE NO.: 1619’1 931-1190 ASSESSOR’S PARCEL NO.: 215-040-16
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 54.6 Acres/l18 DU’s
ESTIMATED COMPLETION DATE:
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
City Administrative Facilities: Demand in Square Footage = 437.37
Library: Demand in Square Footage = 23340 L
Wastewater Treatment Capacity (Calculate with J. Sewer)
Park: Demand in Acreage =
Drainage: Demand in CFS = N/A
Identify Drainage Basin =
(Identify master plan facilities on site plan)
nr.
Circulation: Demand in ADTs = I.180
(Identify Trip Distribution on site plan)
Fire: Served by Fire Station No. =
Open Space: Acreage Provided - N!A
Schools: N/A
(Demands to be determined by staff)
Sewer: Demand in EDUs - 118
Identify Sub Basin -
(Identify trunk line(s) impacted on site plan)
19A
Water: Demand in GPD -
The project is - units (above/below) the Growth Management Dwelling unit allowance.
CDC:vd
ATTACIMENT “A”
JUSTIFICATION FOR HILLSIDE ORDINANCE COMPLIANCE
PLANNING AREA 24
UNIT 4
AVIARA LAND ASSOCIATES
P & D TECHNOLOGIES
3/21/91
JUSTIFICATIONS FOR HILLSIDE ORDINANCE COMPLIANCE:
UNIT 4 PUNNING AREA 24
The following outlines the unique conditions under which Unit 4 of PA 24 has been
designed.
I. EXISTING GIVEN CONDITIONS:
A. The subject site is an existing canyon, slightly higher in elevation at the
northerly end than at the southerly end at Alga Road (Attached Exhibit 1).
It is surrounded by higher land in all directions. It is shown as a single family development area on fill material in the Aviara Master Plan.
B. Alga Road, an existing circulation element road, forms the western and
southern boundary of the planning area. It is from Alga Road that vehicular
and utility access to the site must occur. Alga Road has been constructed on
a 60 foot fill in this area, across the same canyon described in paragraph IA above.
C. There are existing sewer mains and storm drain lines in Alga Road, to which this site must drain. The sewer main is at elevation 232. The residential
axea must be designed to sewer to this point.
D. Existing City Engineering policy prohibits sewer pump stations, therefore
residential elevations must be designed to gravity sewer to the point in IC above.
E. The future alignment for Poinsettia Lane, a circulation element road, forms
the northwest boundary of the site.
F. The off-site canyon to the north (Exhibit 2) has been identified by City staff
as worthy of preservation (avoid any grading disturbance) due to the occurrence of LCP dual criteria habitat.
II. DESIGN ISSUES:
A. The connection of the PA 24 residential local street, Nightshade Drive, (and
utilities) at Alga Road must be located in the location proposed on the Tentative Map for the following reasons:
1. The intersection spacing requirements of 600 foot minimum along Alga
Road from Poinsettia Lane.
2. This is the point of lowest elevation to connect to utility systems in Alga Road. The low point of connection is important to minimize the fill in
unit 4.
3. This location avoids disturbance of the coastal habitat along the Alga Road frontage immediately south of the proposed Nightshade Drive access location.
B. The proposed grading.of the PA 24 area is the minimum necessary to allow gravity drainage of sewage to the mains presently located in Alga Road. The alternative of further lowering this area (less fill) would produce a sump
condition which would require a sewer pump station to pump the sewage to
the Alga Road main. Current plans show sewer grades ranging 1.1% to
2.0%. The road grades on the Unit 4 residential cul-de-sac are the same.
C. The elevation of the existing Alga Road sewer main at the point located in Paragraph IC above, elevation 232, sets the minimum elevation of the neighborhood (Exhibit 3). All residential lots (Unit 4 ) sewering to this main
must be designed at an elevation higher than this point. To avoid excessive
fill, however, they are designed only at a minimum (1.1% to 2.0%) higher.
To access this sewer main, 28 feet of fill must occur at the Nightshade Drive access to Alga Road.
D. Following the 1.1% to 2.0% utility (and pad) grade to the northerly end of the neighborhood, 50 feet of fill must occur at this northerly point. This is the minimum amount of fill possible to maintain positive sewer line slope in the area.
E. As a result of the prohibition of off-site grading into the northerly canyon as
was contemplated in the Master Plan (p. 164), a maximum 50 foot fill slope
at the northerly property line results. Filling of this off-site canyon would avoid this slope condition. This slope is at the minimum height possible considering it is necessary for these units to sewer and drain to the Alga Road main.
I
This slope situation is very similar to the slope near PA 25 in the Phase II area. In this situation the 60 foot slope height at Kestrel Drive could have been reduced but it would require filling the canyon and reduction of the canyon natural open space. In this case we concurred with City Staff recommendations and the preserved open space took precedence over the slope height. The condition in Unit 4 of Planning Area 24 is a version of this
same issue. The open space in the off-site canyon will be preserved.
III. CONCLUSION:
Section 21.95.050(c)(2) of the Hillside Ordinance allows that;
“applications which propose development.... requiring grading in excess of the grading necessary to provide roadways, utilities, building foundations, parking areas or
recreation areas in conformance with this chapter, shall
submit for review specific written findings justifying the reasons for the excess grading, subject to the approval of the decision making body”.
In conformance with this section, we offer the following applicable findings:
1. The Aviara Master Plan identifies the subject site as a development area for
single family detached housing. EIR 83-2(a) reviewed this development plan
and found no adverse environmental impacts associated with single family development of Unit 4 of Planning Area 24.
2. Current City Engineering Policy disallows the use of sewer pump stations.
Development of the site at lower grades would necessitate the utilization of a pump station.
3. The primary determinant in the proposed design and the amount of fill
required to develop the site in conformance with the Master Plan is the existing vertical location of the utilities within Alga Road, a circulation element roadway. This is a modification category identified in section 21.95.070(2) of the Hillside ordinance.
4. The proposed design allows the preservation of natural open space in two locations. Off-site to the north, the canyon is left undisturbed. Also, the Alga Road frontage south of Nightshade Drive is preserved. If these areas were not preserved, the northerly slope exceeding 30 feet in height would disappear, and the overaIl amount of fill earthwork could be reduced because access to the existing Alga Road main could occur at a more southerly, lower
elevation. This is in conformance with the Hillside modification category section 21.95.070(3).
5. An additional landscape parkway (Exhibit 4) along Alga Road and Poinsettia
Lane frontage serves as mitigation for any visual impacts associated with the proposed amount of grading.
PJK/er hillside.akz
* YZ i5 2s ‘E ml- x l--o l” ww ‘co(/) Pa WV)
%,o 00
si
f
t
~ERCE ERC Environmental and Energy Services Co.. inc. 5510 Morehouse Drive
San Diego. Callfornla 92121
Telephone 619-458-9044
Fax 619-458-0943
91-743-356 March 7,199l
Mr. Paul Klukas Hillman Properties 2011 Palomar Airport Road, Suite 206 Carlsbad, California 92009
Re: Proposed Alteration of Coastal Resource Areas, Aviara - Area 24
Dear Paul:
At your request on behalf of the City of Carlsbad, we reviewed the proposed alternatives of natural open space on the Aviara project. A total of nine “Take” areas (decreasing open space) and eleven “Give” areas (increasing open space) were evaluated for their biological resources value and relevance to the larger open space system. The habitat type and acreage of each Take and Give area is presented in Table 1 and is shown on the accompanying map.
The total acreage of Take and Give areas varies by 0.78 acre in the favor of the give back acreage. The increase in natural open space to be preserved is positive biologically based on acreage alone and is positive based on habitat type or value. The increase of sage scrub habitat protected totals 1.21 acres. A reduction of 0.43 acre of chaparral brings the balance to the 0.78 acre increase of natural open space. The increase of sage scrub is potentially beneficial to the California gnatcatcher which utilizes this habitat type in the Aviara project. The exchange of acreage does not significantly affect the design or viability of the open space system to be preserved nor does the exchange affect the previous sensitive plant evaluation for the project.
I hope this assessment satisfactorily addresses any biological concerns associated with the proposed exchange. Please call me if you have any questions.
$incerel y,
Stephen B. Lacy / Manager, Biological Resources Department
SUCt
Attachements
Table 1
ACREAGES AND HABITATS OF PROPOSED GIVE AND TAKE AREAS WITHIN AVLARA - PLANNING AREA 24, COASTAL RESOURCES AREAS
TAKE AREAS HABITAT TYPE* ACRES
TmAL 2.01
AREAS ITAT TYPE* ACE$&
1
ss ::
0.13
i 0.06 1.69 4 :: 0.02
ii 7 ;z 0.02 0.47 0.01
t C C 0.01 0.23 10 :i 0.11
11 0.04
mAL 2.79
*HABITAT TYPES
SS = Sage Scrub
C 1 Chaparral
. .
‘..
--
1-
2. .I’
-\ =~.. 1 _‘,- ,-. >. - ,. ,.~I -- -.
J . . \<
+I.
?\ j .s; .
PRELIMINARY
NOISE ANALYSIS FOR AVIARAAREA24 CITY OF CARLSBAD
Report #91-75
March 25, 1991
Prepared For:
Hillman Properties West, Inc.
2011 Palomar Airport Road
Suite 206
Carlsbad, CA 92009
Prepared By:
Vincent Mestre, P.E.
Dennis Bilodeau
MESTRIt GREVE A!SSOCIATES 280 Newport Center Drive Suite 230 Newport Beach, CA 92660-7528 (714)760-0891
-
Mestre Greve Associates Report #91-75 Page 1
SUMMARY FOR AVIARA AREA 24 MINIMUM REQUIREMENTS TO MEET CITY OF CARLSBAD STANDARDS
Report #91-75
March 25, 1991
EXTERIOR NOISE LEVELS
The residential units in the project must comply with the City’s 60 CNEL exterior noise standard. Without mitigation, rear yard observers along Alga Road would experience a
worst case traffic noise level of 69.7 CNEL at Lot 1. A number of exterior living areas
in the project will require mitigation to comply with the 60 CNEL exterior noise standard. Those exterior living areas which will require mitigation are listed below in Table Sl. The data used in the noise barrier analysis is shown in the Appendix.
Table Sl REQUIRED NOISE BARRIER HEIGHTS AND LOCATIONS
TO MEET EXTERIOR NOISE STANDARD
BARRIER HEIGHT (FT)* 60 CNEL @ YARD
(Along Alga Road)
109 10.0
110 9s
111 through 113 10.0 114 through 116 9.5
1.17, 118 8.0
16 8.0 1 8.5
(Along Poinsettia Lane)
108 5.5
* Denotes height above top of slope
With the noise barriers listed in Table Sl, the exterior noise levels at all first floor exterior living areas in the project will be reduced to below 60 CNEL. The noise
barriers shall be located at top of slope. There are no moise barriers required along
Mestre Greve Associates
Report #91-75
Page 2
lots 100 through 107 along Poinsettia Lane. If second story balconies are planned along
Alga Road or Poinsettia Lane, balcony barriers will be needed for some units. The
required balcony barrier locations and heights can be addressed in a future study when precise grading plans and architectural drawings become available.
The noise barriers must have a surface density of at least 3.5 pounds per square foot, and have no openings or cracks. The noise barriers may be a wall, berm, or a combination of the two. The wall may be constructed of l/4 inch plate glass, 5/8 inch
plexiglass, any masonry material, or a combination of these materials. Wood and other
materials may be acceptable if properly designed as noise barriers.
INTERIOR NOISE LEVELS
The project must comply with the City of Carlsbad indoor noise standard. With standard construction practices in California, residential buildings achieve outdoor to indoor noise reductions of 20 to 25 dB assuming windows are closed. Homes in the
project will be exposed to a maximum noise level of 68.1 CNEL at the second floor of
Lot 1. A number of second floor exterior surfaces in the project will be exposed to noise levels greater than 65 CNEL, and these homes will therefore require more than 20 dB noise reduction to meet the 45 CNEL interior noise standard. Detailed engineering calculations are necessary for building attenuation requirements greater than 20 dB. A
future study will be needed to address interior noise levels when precise grading plans and architectural drawings become available.
MECHANICAL VENTILATION REQUIREMENTS
Since the noise attenuation of a building falls to about 15 dB with windows open, any buildings within the 60 CNEL contour line will meet the 45 CNEL interior noise standard only with windows closed, therefore requiring mechanical ventilation. Mechanical ventilation will be reauired for those units listed in Table S2.
Table S2
PRELIMINARY MECHANICAL
VENTILATION REQUIREMENTS
LOT NUMBER
102 through 118
16 1
-
Mestre Greve Associates
Report #9 l-75 Page 3
PRELIMINARY NOISE ANALYSIS FOR AVIARAAREA24 CITY OF CARLSBAD
1.0 INTRODUCTION
The purpose of this report is to show compliance of Area 24 with the noise related “Conditions of Approval” placed on the project by the City of Carlsbad. The project calls for the development of single-family units. This report incorporates the 60 CNEL
exterior noise standard recently adopted by the City of Carlsbad. The project is located
in the City of Carlsbad, as shown in Exhibit 1. The project site will be impacted by traffic noise from Alga Road and Poinsettia Lane. The project is not impacted by railroad or aircraft noise. This study determines the need for any mitigation measures to meet the 60 CNEL exterior noise standard, and addresses the 45 CNEL interior noise
standard required by the City of Carlsbad. Mitigation measures that would be required
in order to meet 65 CNEL are also included, for comparison only.
2.0 NOISE CRITERIA
The predominant rating scale now used in California for land-use compatibility
assessment is the Community Nose Equivalent Level (CNEL). CNEL is a 24-hour time
weighted annual average noise level based on the A-weighted decibel. A-weighting is a frequency correction that correlates overall sound pressure levels with the frequency response of the human ear. Time weighting refers to the fact that noise that occurs during certain sensitive time periods is penalized for occurring at these times. The evening time period (7 PM to 10 PM) penalizes noises by 5 dB, while nighttime (10 PM
to 7 AM) noises are penalized by 10 dB. These time periods and penalties were selected to reflect peoples sensitivity to noise as a function of activity.
The City of Carlsbad requires that outdoor living areas not exceed a noise level of 60
CNEL for a six-foot-tall observer located five feet within the property line. In addition, interior noise levels may not exceed 45 CNEL,.
The site plan for the project (Exhibit 2) was provided by P & D Technologies (“Tentative Map for Planning Area 24, 3/11/91).
3.0 METHODOLOGY
The noise levels projected in the next section of this report were computed using the Highway Noise Model published by the Federal Highway Administration (“FHWA Highway Traffic Noise Prediction Model”, FHWA-RD-77-108, December 1978). The FHWA Model uses traffic volume, vehicle mix, vehicle speed, and roadway geometry to
compute the “equivalent noise level”. A computer code has been written which
&:$+I Lm.Corta \
I Exhibit 1 - Vicinity Map
MESTRE GREVE ASSOCIATES
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-
Mestre Greve Associates Report #9 1-75 Page 4
computes equivalent noise levels for each of the time periods used in CNEL. Weighting these noise levels and summing them results in the CNEL for the traffic projections
used. CNEL contours are found by iterating over many distances until the distance to
60, 65, and 70 CNEL contours are found.
Mitigation through the design and construction of a noise barrier (wall, berm, or combination wall/berm) is the most common way of alleviating traffic noise impacts.
The effect of a noise barrier is critically dependent upon the geometry between the noise source, the barrier, and the observer. A noise barrier effect occurs when the “line
of sight” between the noise source and the observer is penetrated by the barrier. The
greater the penetration, the greater the noise reduction. The FHWA model was also used here in computerized format to determine the required barrier heights.
4.0 ROADWAY NOISE
The future traffic volumes for Alga Road and Poinsettia Lane were obtained from our
contour analysis prepared for the Carlsbad Noise Element, (Mestre Greve Associates, April 26, 1990). The future average daily traffic volume for Alga Road between Poinsettia Lane and Batiquitos Drive is 25,400. A vehicle speed of 40 miles per hour was utilized. A 4% roadway grade was used for Lots 108 through 118, and a 6%
roadway grade was used for Lots 1 and 16. The future average daily traffic volume for
Poinsettia Lane between Alga Road and El Camino Real is 29,100. A vehicle speed of
50 miles per hour was utilized. Truck mixes for each of the time periods used in the
CNEL calculation are presented in Table 1. These traffic distribution estimates are based upon traffic surveys, and are considered typical for arterials in Southern
California.
Table 1
TRAFFIC DISTRIBUTION PER TIME OF DAY
IN PERCENT OF ADT
VEHICLE TYPE DAY EVENING NIGHT
Automobile 75.5 1 12.57 9.34 Medium Truck 1.56 0.09 0.19
Heavy Truck 0.64 0.02 0.08
Mestre Greve Associates Report #91-75 Page 5
Using the assumptions presented above, the future noise levels were computed. The results are reported here in Table 2 in terms of distances to the 60, 65, and 70 CNEL contours. These represent the distances from the centerline of the roadway to the
contour value shown. Note that the values given Table 2 do not take into account the
effects of intervening topography that may affect the roadway noise exposure. Topographic effects are included in subsequent analyses to determine the actual noise exposure on the project site. In addition, these projections do not include any future vehicle noise reduction assumptions to take into account the effects of legislation requiring quieter vehicles in the future.
Table 2
DISTANCE TO NOISE CONTOURS
FOR FUTURE TRAFFIC CONDITIONS
ROADWAY SEGMENT DISTANCE TO CNEL CONTOUR (FT)
-7o- -65- -6o-
Alga Road (4% grade) 46 100 215
Alga Road (6% grade) 47 101 218 Poinsettia Lane 72 155 334
The results in Table 2 and the site plan (Exhibit 2) indicate that the exterior living areas
along Alga Road will be exposed to traffic noise levels in excess of 60 CNEL. Observers along Alga Road will experience a worst case traffic noise level of 69.7 CNEL at Lot 1.
5.0 EXTERIOR NOISE MITIGATION
For exterior living areas which are exposed to noise levels greater than 60 CNEL some form of noise mitigation is required. An effective method of reducing the traffic noise levels to acceptable levels is with a noise barrier. Representative cross-sections along the roadway (see Appendix for analysis data) were analyzed utilizing the FHWA Model
to determine the necessary noise barrier locations and heights. The results of the
analysis indicate that in order to meet the 60 CNEL exterior noise standard, noise barriers are required for a number of exterior living areas facing Alga Road and one Facing Poinsettia Lane. Required noise barrier locations and heights to meet the 60
CNEL exterior noise standard are listed (in bold type) in Table 3, and shown in Exhibits 3a and 3b. For the sake of comparison, required noise barrier locations and heights to meet 65 CNEL are also listed in Table 3, and shown in Exhibits 3c and 3d.
I’..,...’ *.’ ,q . . f \. . . : rH ‘I !l
flfmll~llltIIIlIIl’
c BARRIER LOCATIONS
Exhibit 3a - Noise Barriers Required
To Meet 60 CNEL Standard (North Half’)
VfESTRE GREVE ASSOCIATES ,
MESTRE GREVE ASSOCIATES
‘. L ?,I ‘,.. ;.;\9, , .b- .Q ; P“,, -:,; k i ,/ ;’ t. b/r ’ J 9 ; [ i *;*;$fL idi n\ “‘( ( p _-_ i ‘il .6 &-
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llmlllllllllll’i BARRIER LOCATIONS 1
Exhibit 3b - Noise Barriers Required
To Meet 60 CNEL Standard (South Half’)
l:::::l::::::::::: BARRIER LOCATIONS I -z-
ICYIRE GREVE ASSOCIATES
Exhibit 3c - Noise Barriers Required
To Meet 65 CNEL (North Half’)
ME!XRE GREVE ASSdCIATES
j‘,‘;’ . \ :h, . . ) j4.y .:J .e : ;/ . , w1 I \ P ! .i; :‘,;,’
l iy&+$-- L n --
:::a1::t:::11: BARRIER LOCATIONS I
Exhibit 3d - Noise Barriers Required
To Meet 65 CNEL (South Half’)
^-
Mestre Greve Associates Report #91-75
Page 6
Table 3
NOISE BARRIER REQUIREMENTS
BARRIER HEIGHT (FT)* LOT YD. 65 CNEL YD. 60 CNEL
(Along Alga Road)
108
110 111 through 113 114 115
116
117, 118
16 1
7.5
7.0
7.5
i-5”
6:0
6.5
:::
10.0
9.5
10.0
9.5
9.5
9.5
8.0
8.0
8.5
(Along Poinsettia Lane)
108 5.5 5.5
* - Denotes height above top of slope
With the noise barriers listed (in bold type) in the third column of Table 3, the exterior noise levels at all first floor exterior living areas in the project will be reduced to below
60 CNEL. The noise barriers shall be located at top of slope. If second story balconies
are planned along Alga Road or Poinsettia Lane, balcony barriers will be needed for some units. The required balcony barrier locations and heights can be addressed in a future study when precise grading plans and architectural drawings become available.
The noise barriers are required to have a surface density of at least 3.5 pounds per
square foot, and have no openings or cracks. They may be constructed of wood studs with stucco exterior, l/4 inch plate glass, 5/g 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.
Mestre Greve Associates Report #91-75 Page 7
6.0 INTERIOR NOISE MITIGATION
The project must comply with the City of Carlsbad indoor noise standard. With standard construction practices in California, residential buildings achieve outdoor to indoor noise reductions of 20 to 25 dB assuming windows are closed. Homes in the project will be exposed to a maximum noise level of 68.1 CNEL at the second floor of
Lot 1. A number of second floor exterior surfaces in the project will be exposed to noise levels greater than 65 CNEL, and these homes will therefore require more than 20
dB noise reduction to meet the 45 CNEL interior noise standard. Detailed engineering
calculations are necessary for building attenuation requirements greater than 20 dB. A future study will be needed to address interior noise levels when precise grading plans
and architectural drawings become available.
7.0 MECHANICAL VENTILATION REQUIREMENTS
Since the noise attenuation of a building falls to about 15 dB with windows open, all
buildings within the 60 CNEL contour line will meet the 45 CNEL interior noise
standard only with windows closed. In order to assume that windows can remain closed to achieve this required attenuation, adequate ventilation with windows closed must be provided per Uniform Building code. This can be achieved with mechanical ventilation to provide fresh air. The system must supply two air changes per hour to each habitable
room including 20% fresh make-up air obtained directly from the outside. The fresh air inlet duct will be of sound attenuating construction and shall consist of a minimum of ten feet of straight or curved duct, or six feet plus one sharp 90 degree bend. Mechanical ventilation will be reauired for those units listed in Table 4 and shown in
Exhibit 4,
Table 4
PRELIMINARY MECHANICAL
VENTILATION REQUIREMENTS
LOT NUMBER
102 through 118
16 1
L MESTREGFLEVE ASSOCIATES
4k Homes Requiring
Mechanical Ventilation
Exhibit 4 - Homes Requiring
Mechanical Ventilation
MINUTES
May 29, 1991 PLANNING COMMISSION Page 12 COMMISSIONERS r
hear from the Traffic Engineer because he thinks if the
Traffic Engineer had a safety concern, he would have brought it up.
Mr. Hofman stated that he is very sympathetic about the
comment regarding two-story homes and suggests that the Planning Commission request the City Council for a Zone Code
Amendment. The proposed project meets all of the ordinances and he doesn't think it should be penalized. Mr. Hofman
believes there is some misconception regarding public access because the common area is open to the homeowners only, and
not the general public. It would be insurable since the public has no access to the property. Regarding maintenance
of the landscape, he stated that the City's landscape architect will ensure that drought sensitive landscaping will
be used in the common areas. Further, Mr. Hofman stated that the homes in this project will be high end and he believes
that the homeowners will be able to afford the maintenance costs. He requested approval of the project tonight, if
possible.
Chairman Holmes took a survey of the Commission regarding the right turn issue versus a continuance.
Commissioner Erwin could support a right turn exit from A Street. Commissioner Schlehuber could also support a right
turn condition.
Motion was duly made, seconded, and carried to adopt Planning Commission Resolution No. 3237 approving the Conditional Negative Declaration issued by the Planning
Director and adopt Planning Commission Resolution Nos.
3238, 3239, 3240, and 3241 approving CT 90-13/HDP 90-191 PUD 90-16/SUP 90-7, based on the findings and subject to
the conditions contained therein, with the following changes: (1) inclusion of the staff memo dated May 29, 1991;
(2) the change to Condition #6 in Resolution No. 3238 to be subject to the approval of the Planning Director; and (3)
inclusion of a new condition requiring a right-turn only from A Street to El Camino Real.
RECESS
The Planning Commission recessed at 8:03 p.m. and reconvened
at 8:lO p.m.
4) MP 177(D)/LCPA 90-6/CT 90-15/HDP 90-20 AVIARA PLANNING
AREA 24 - Request for a Master Plan Amendment/Local Coastal Program Amendment for Planning Area 24 of Aviara
Master Plan 177 to: (1) change permitted single family lot sizes from small lot (minimum 5,000 s.f.) to minimum
7,500 s.f.; (2) reduce maximum dwelling unit potential from 193 du's to 118 du's; (3) increase open space by 4.3 acres; and (4) modify Master Plan development
standards and design criteria. The approval of a 54.6 acre/122 lot/118 dwelling unit Tentative Tract Map and Hillside Development Permit for Planning Area 24 is also
being requested. The project site is located at the southeast corner of the intersection of Alga Road and future Poinsettia Lane, in Local Facilities Management Zone 19.
Chris DeCerbo, Senior Planner, reviewed the background of the request and stated that the applicant is requesting approval
of a Master Plan Amendment, Local Coastal Program Amendment, Tentative Tract Map, and Hillside Development Permit for
Erwin Hall Holmes
Noble Savary
Schlehuber Schramm
MINUTES
May 29, 1991 PLANNING COMMISSION
Planning Area 24 of the Aviara Master Plan. The site is
surrounded by agricultural uses to the north and east, Alga
Road to the south, and undeveloped single family residential to the west.
The Tentative Map includes 118 minimum 7500 s.f. single family residential lots and four open space lots totaling
15.2 acres over the 54.61 acre site. The open space is
predominately comprised of dense coastal sage and chapparal covered slopes. The northwestern corner of the planning area will be dedicated and graded for the future Poinsettia Lane.
This project will have a density of 2.16 du's/ac, which is well below the site's maximum density of 3.6 du's/ac.
The proposed Master Plan Amendments to Area 24 include
changing permitted single family lot sizes from small lot, minimum 5000 s.f., to minimum 7500 s.f. residential lots, with development standards consistent with the R-1-7500 zone and all other current ordinances and policies, and reducing
the maximum du's from 193 to 118 while increasing the open space by 4.3 acres.
The staff analysis focused on the land use change from small
lot, minimum 5000 s.f., to minimum 7500 s.f. lots;, and concluded that the change would have no effect on the product
mix; it is, therefore, consistent with the Master Plan and General Plan goals of providing a well balanced and
functional mix of residential uses. The proposed change would also ensure that development is compatible with
existing and future surrounding uses and development standards would be as or more restrictive than existing
standards. The project meets the requirements of the LCP, Mello I, Mello II, growth management, and all applicable
ordinances. Staff recommends approval.
Cornmissioner Erwin inquired if the reason grading falls below 8,000 ft. is because part of the grading has to meet the roadway. Mr. DeCerbo replied to the affirmative. That
amount of fill is necessary to make the site developable. The only other deviation is a 50 ft. slope which was created
to preserve a canyon where Black-tailed Gnatcatchers reside.
Commissioner Erwin also noticed that side yard setbacks have been relaxed. The original requirement was 10 ft. side
setbacks for (2) single story, 15 ft. for a single story and two story, and 20 ft. for (2) two stories. The R-1-7500 only
requires 12 ft. side yard setbacks for two story homes, rather than 20 ft. Mr. DeCerbo replied that this was correct. However, because the lot size has been increased to
a minimum of 7500 s.f., staff does not have the original concerns of a large house on a small lot. An SDP, which will
contain building footprints and elevations, will be submitted to the Commission at a later date.
Commissioner Erwin is concerned that with the setbacks relaxed we will now see very large homes on medium sized
lots.
Commissioner Hall inquired why the height was changed. Mr. DeCerbo replied that a 30 ft. measurement to the roof peak will result in an overall height reduction of the
development.
Commissioner Schramm inquired if the 10-15-20 ft. setbacks could be transferred from the PUD to the R-1-7500. Mr. DeCerbo replied that staff is not recommending this transfer
MINUTES
May 29, 1991 PLANNING COMMISSION Page 14 COMMISSIONERS Y
because adequate control is built into the R-1-7500 standards. Additionally, the Master Plan requires that 15%
of the du's must be one story. Also, 36 of the units will be required to have a 24 ft. setback. Staff feels this will create a quality project.
Commissioner Schramm inquired if these controls will ensure that a large house will not be built on a small lot. Mr.
DeCerbo replied that the development must meet the standards
but there may be instances where there is a 12 ft. setback between two homes.
Chairman Holmes inquired if there is any reason why the
50 ft. filled slope could not be terraced, to break up the mass. Mr. DeCerbo replied that the 50 ft. slope which was
discussed is pointed north and it basically downslopes into a canyon with habitat.
Chairman Holmes inquired how much of the 50 ft. slope will be seen. Mr. DeCerbo replied that we will see none of it
because it faces on a canyon. It will likely be maintained in open space.
Chairman Holmes opened the public testimony and issued the
invitation to speak.
Larry Clemens, Hillman Properties, addressed the Commission
and stated that the property is located at a major
intersection. The first appearance will be large lots. He noted that this request reduces the number of homes by 75 du's and, therefore, will be much lower density. Mr.
Clemens stated that a considerable amount of open space has been added and there is now over four acres of open space.
The front yards have been expanded to 24 ft. to create a high
quality street scene. Notices were sent to everyone within
600 ft. of the project. Also, continuous neighborhood
meetings have been held and there has been no response from the community, good or bad. Mr. Clemens noted that this is just one of many subdivisions which will be presented to the
Commission over the next few months and is not part of Phase II.
Commissioner Schraxnn inquired if the 24 ft. front yard
setbacks will allow a side loaded garage. Mr. Clemens replied that it would not.
Commissioner Erwin inquired if Mr. Clemens would be willing to retain the side yard setbacks which were approved
previously. Mr. Clemens replied that he doesn't feel that he can because they have given up many homes by converting to
R-1-7500. If they retained the old setbacks, they would be giving up twice.
Cormnissioner Erwin is concerned that even though the number of homes has been reduced, the actual square footage could
increase. He has seen that happen in other developments. He is concerned about the size of the house to be placed on the
lot.
Commissioner Hall commended Mr. Clemens about the open space
pockets being shifted into one large open space element.
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.
.-
MINUTES
May 29, 1991 PLANNING COMMISSION Page 15
Commissioner Schlehuber can support the project. If we want to change the R-1-7500 requirements, tonight is not the time to do it. In fairness to the applicant, he thinks the project is much better. He likes the reduced density and the
increased open space. He feels it is a much better project in every way.
Commissioner Schlehuber inquired when Aviara has to produce their share of low cost housing. Mr. DeCerbo replied that the low cost housing is currently under negotiation; it is required prior to recordation of the Phase II map.
Commissioner Schramm inquired if the low cost housing need be on Aviara property. Mr. DeCerbo replied that this has not yet been determined. Commissioner Schramm hopes the low cost
housing is spread equitably throughout the City.
Coarnissioner Schraann appreciates the 15% single story but she hopes there will be considerable distance between single
story and two story homes. She likes the decrease in units and the open space plan. She can support it.
Commissioner Erwin would like to support the project but he
has a problem with the side yard setbacks. He disagrees with Commissioner Schlehuber and will vote against the project because he feels the previous setbacks should be left in.
Commissioner Noble can support the project.
Commissioner Hall can support the project. He feels we often
set rules and then try to squeeze for more, over and over again. The costs to a builder are immense and the prices of
the homes reflect these costs. He reported that the Open Space Committee was very happy with the project because the
open space was reduced from small pockets to a larger unit.
Chairman Holmes agrees with Commissioner Hall. He likes the
density reduction and the larger lots. He will support the project.
Motion was duly made, seconded, and carried to adopt
Planning Commission Resolution No. 3227 recommending approval of the Mitigated Negative Declaration issued by the Planning
Director and adopt Planning Commission Resolution Nos. 3228, 3229, 32309 and 3231 recommending approval of MP-177(D)/
LCPA 90-6/CT 90-15fHDP 90-20, based on the findings and subject to the conditions contained therein.
ADDED ITEMS AND REPORTS:
Gary Wayne, Assistant Planning Director, reported that the Design Review appointments have been made. Planning
Connnissioners Hall, Schramm, and Schlehuber will sit on the Design Review Committee. The other members will be Norby and Gonzales.
Mr. Wayne also reported that because of the accelerated meeting schedule, there would probably be three sets of
minutes at the June 19th meeting.
Mr. Wayne reported that there is a vacancy on the Historic Preservations Committee. Chairman Holmes announced that he would like to serve on that committee. Staff will advise the
City Council. There is also a potential vacancy on the Underground Utilities Committee.
Erwin
Hall Holmes
Noble Savary
Schlehuber Schramm
STEWART TITLE
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FF%-z $ o
OF SAN DIEGO herein called the
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