HomeMy WebLinkAbout1992-03-03; City Council; 11580; Aviara Planning Area 26(N)CITY - .= CARLSBAD - AGENDf -_ IILL
\B # !I 5 eo TITLE: APPROVAL OF A TENTATIVE TRACT MAP TO
4-l-G. i/3/92 lNCLUDE 68 SINGLE FAMILY RESIDENTIAL LOTS AND 3
OPEN SPACE LOTS FOR AVIARA PLANNING AREA 26(N) IEPT. PLN CT 90-38
IECOMMENDED ACTION:
Both the Planning Commission and staff are recommending that the City Council direct
the City Attorney to prepare documents APPROVING the Negative Declaration and CT
90-38, as approved by the Planning Commission.
ITEM EXPLANATION
On December 4, 1991, the Planning Commission conducted a public hearing and
approved (6-O) the Aviara Planning Area 26(N) tentative map, which is located at the
southeast corner of the intersection of Alga Road and Kestral Drive. The tentative map
includes 68 minimum 7500 square foot single family residential lots, 3 open space lots
and a local street system over the 28.9 acre site. Planning Area 26(N) is one of 6 of the
Aviara Phase II neighborhoods for which a Master Tentative Map was approved by the
City Council in February, 1991. The project: (1) meets all development standards of the
Aviara Master Plan, Zoning Ordinance, Subdivision Ordinance and State Map Act, (2) is
consistent with the Zone 19 Local Facilities Management Plan, and the Mello I and East
Batiquitos Local Coastal Programs, and (3) the proposed grading of 4,100 cubic yards
of cut and fill substantially complies with the grading approved through the Aviara Phase
II Master Tentative Map.
A major issue raised by the developer and by members of the Planning Commission
regards the imposition of proposed condition number 52 of Planning Commission
Resolution No. 3314. This condition requires that the property owner enter into an
agreement with the City whereby the owner agrees to participate in a drainage
maintenance assessment district. This condition was proposed by the Engineering and
Utilities and Maintenance Departments as a means of ensuring that the project pay their
prorata share for the future maintenance of the public storm drainage systems
constructed as part of this development.
The developer objects to the condition on the grounds that the property is already
burdened with too many assessments, that the existing tax revenue structure will
adequately provide for storm drainage maintenance and that targeting new developments
will unfairly burden future Carlsbad homeowners over existing homeowners. Staff does
not agree with the developer’s objections and believes that the condition is fair and
appropriate; however, staff believes this condition deserves a broader policy discussion
at the City Council level before any such district is formed. The condition was motivated
by the requirements of the National Pollutant Discharge Elimination System (NPDES)
permit which requires an increased level of effort by the City for the maintenance and
monitoring of storm drainage systems.
PAGE 2 OF AGENDA BILL NO. /I; ,$i-%)
Staff will be bring forward the update to the Master Drainage Plan for Council
consideration in the near future. The Master Drainage Plan includes a complete
discussion of the NPDES permit and potential financing mechanisms to pay for the
program. Due to the delay in getting the Master Drainage Plan to Council, staff placed
condition no. 52 on this and other recent developments to preserve this financing option.
As written the condition does not require formation or annexation to an existing district
but only agreement to participate in a drainage maintenance assessment district utilizing
a mechanism satisfactory to the City Engineer and Utilities and Maintenance Director.
Any final such agreement will be subject to Council approval prior to approval of the final
map.
ENVIRONMENTAL REVIEW
On December 4,199l the Planning Commission recommended approval of the Negative
Declaration issued by the Planning Director on August 1, 1991.
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 68 dwelling unit tentative map.
GROWTH MANAGEMENT STATUS
Facilities Zone
Local Facilities Management Plan
Growth Control Point
Net Density
Special Facility Fee
19
19
2.35 Du/Ac.
2.35 Du/Ac.
N/A
EXHIBITS
1. Location Map
2. Planning Commission Resolution Nos. 3313 & 3314
3. Planning Commission Staff Report, dated December 4, 1991
4. Excerpts of Planning Commission Minutes dated December 4, 1991
~mDrDDrmmmm:
: . . : : .
i : : : . . : I . e .
AVIARA PLANNING AREA 26(N) CT 90-38
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PLANNINGCOMMISSIONRESOLUTIONNO. 3313 A
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A NEGATIVE DECLAFUTION FOR A TENTATIVE TRACT MAP FOR PLANNING AREA
26(N) OF THE AVIARA MASTER PLAN.
CASE NAME: AVIARA PLANNING AREA 26(N)
CASE NO: CT 90-38
WHEREAS, the Planning Commission did on the 4th day of December, 1991, hold
7 a duly noticed public hearing as prescribed by law to consider said request, and
8 WHEREAS, at said public hearing, upon hearing and considering all testimony and
9 arguments, examining the initial study, analyzing the information submitted by staff, and
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11
considering any written comments received, the Planning Commission considered all
12 factors relating to the Negative Declaration.
13 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as
14 follows: 6
15 )( A) That the foregoing recitations are true and correct. I
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B) That based on the evidence presented at the public hearing, the Planning
Commission hereby recommends APPROVAL of the Negative Declaration according
to Exhibit “ND”, dated August 1, 1991, and “PII”, dated July 24, 1991, attached
hereto and made a part hereof, based on the following findings:
19 1 I Findings:
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21
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25
26
1. The initial study shows that there is no substantial evidence that the project may
have a significant impact on the environment.
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 the Mitigated Negative Declaration for the Aviara Phase II Master
Tentative Map (CT 89-37) and as designed, the project implements all
recommended mitigation measures of said EIR 83-2(A), and Mitigated Negative
Declaration.
.
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4. The project will preserve in open space the previously deed restricted and coastal
habitat areas. i
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning ’
Commission of the City of Carlsbad, California, held on the 4th day of December, 199’1,
by the following vote, to wit:
AYES: Chairman Holmes, Commissioners: Schlehuber, Savary, Erwin, Noble
& Hall.
NOES: None.
ABSENT: Commissioner Schramm.
ABSTAIN: None.
CARLSBAD PLANNING COMMISSION
ATT-EST: n
r PLANNING: DIRECTOR
PC RESO NO. 3313 -2-
.
PROJECT ADDRBSS/LOCATION: Planning Area 26 North within Phase It of the Aviara
Master Plan. Southside of Alga Road between Phase [
and proposed Kestral Drive.
PROJECT DESCRIPTION: A tentative map involving the grading and subdivision of a
28.9 acre site for 68 single family homes on 7,500 square foot
minimum lots.
The City of Carlsbad has conducted an environmental review of the above described project
pursuant to the Guidelines for Implementation of the California Environmental Quality Act
and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will nor have a significant
impact on the environment) is hereby issued for the subject project. Justification for this
action is on frie in the Planning Department.
A copy of the Negative Declaration with supportive documents is on file in the Planning
Department, 2075 Las Paimas Drive, Carisbad, California 92009. Comments from the
public are invited. Please submit comments in writing to the Planning Departmenr within
30 days of date of issuance. tf you have any questions, please call Eric Munoz’ in the
Planning Department at 438-1161, extension 4441.
DATED: AUGUST 1, 1991
CASE NO: CT 90-38
APPLICANT: AVIARA LAND ASSOCIATES
PUBLISH DATE: AUGUST 1,199l
MICHAEL J. HOLZM&ER
Planning Director
2075 Lu Palmu Drivm l Carlsbrd. California 9200914869 l (619) 438-l 161
NOTICE 01 CONPLETION - MJll co: SCJte CleJf ~mWJ0. lb% StrWt, h. 121, SJCrJWnco, CA Be14 . j-2613
-
Projut Title: CT 90-9 - hiarm PtJminp urea 26 * North
Leed AgWy: City of Carl- contJcr Person: Eri
Street AddreSs: 208 LJs PJtms Orivo Phone: (619) 08-1161. ext. L&&I
City: CJrlSbrd ZIP: 92009 cculty: sm OleaO
..---..-....--.---..-.-....--.....----...-.....--.-.-..--...--..-.---.-~.......~~_......~~~~-~~...~~...~...~..~~~~ .--.---.._.__ PRWECT LaAlla:
Cowty: San Dicta0 a' City/Newest Camwiry: CJrls&d
Cross Streets: & 9 @ fOCJl Acres: X trl 21.9
Assessor6s Percel No. 215-&O-23 Section: tup. Rage: BJSe:
Yithin 2 Miles: state nuy II: ~nrerstate 5 Uaterwys: fau i it0 J OOn PJcific
Airports: Pelaw r)eilwys: AT&SF Schoots: Car!sbad
~~...~..C~~.....................--.......-..-...--.--.-.-..-...--.-----..---......................~~....~~.....~..~........~~~~.~
mamw TTPE
Q41r: YOP Supo1mmnt/sbhqJent HEPA:
- Early Cons = EiR (Prror SCM No.)
NOI
= EA
OTNER: - Joint Oocunent
x Meg hC
-FinalOocumnt
- Other Draft EIS - Other
- Orrfr EIR 1 CoYIf ~~...~...........~.~...~......~~..-..--.........-...--.------*--------------..----...-.......~....~...............~.....~...~.~~
L~UL IrETla TYPO .
Cmral Plm u@ate - CmrJl Plrn A-t
Specific PIen
- Master Plm
Rezone AmerJtion
= Cmrrl PlJn Etrnnt - Plumed Unit Oeveloprcrt - Pretone - Redevelapmnt
- C-icy PlJn = Site Plen - Use Permit X Lend Oivision (Subdivision, z Cwstrl Permct
- Pereel Mep, Tract Map, etc.) - Other
. . ..-~.....-......~.....~.-..-....--.-........----..--...-.....-...-.-......-.-..--.--.....~.--........~..~.-.~....~......-~...-
DEWELWIT TYPE
X ResidentiJl:
- Office: Eit:t- :::f: - Elrlployses ueter Cecilities: Type WO
z Cannerciel: Bq: Ft: - Acres - Ewior- =
- trmsportrtian:
- Mining: * bu.
y Enp~0Y.a -P-r: Minerrl - l-trial: SQ. Ft. Acres
= wste lrercmnt: VP. YJttS -
- Educrtional Type
- Rwrert~onel nrsrrdous mate: Type
= 0th.C:
. ..-....~...........~...~.....~.-...-....-........--.-....-....-..-..........-...--.-..-.............--.--................-..--.~
WECT ImSOlMlraa Ill#1QILIT
x CoastaL ton
Drrinqe/Abeorption
= LconmJic/Jab - fiscal
x Aesthetic/Visual -- Agriculture1 Land
Flood PLain/F~ooding Sehoolr/Wiversities uetor Owlity
- Air Duality -- Forest LndItire Nrrrrd 1 Gwlqic/kiric
-Septic Systnr = uater suuplyi
- Arcknologicrl/Historics~ - Mfnrrtr
= Sawer Cwuity tromd Ueter
x Soil Eraian/C~tian/Crding - uettnd/Riperim Yildlife
= Groath I&it-w :lon -L&r - Cuulrtive Effect
- Other
NOiU Solid Yl8to - Poprlatim/Nauing klmcr - loxic/lWzsrdar - P&lie Swvices/~uilities = Trrffic/C~rculrt
= Racrrt lordParks - ve9etrtim
. . . . . . . . . . . . . . . . . . . . . . . ..-.........---.-..........---.-.......---.----......----..... Pratt lrd lho/Zdrl/ynrrl Mm Un
Currmtly vumt lrnd uithin the Avirrr Muter Plm. toning is rim Crllity (K) md the Gamrrt Pin desi9MtiOn iS
Residmtirl Lou lldiu <RlM) rhlch l llws sin918 faily rridmces.
. . ..~~...........................~~~~..~...~~~........~~..~...~..~~~~.~~.....~......-..---.------..------.------------- .sm.e.aem
Pfojrt Ractiptim
A tmtrtive q inwlvifq tb 9rdin9 end rrrbdivirim of I 20.9 per0 sit0 for 68 rifW0 fatty W an 7,509 swsre foot
riniu lot8.
M: Cleeringhaao will nrim ibrrtificrtim nukrr for rll nsw projects. 1f l scn nrkr rlro&f l xiat8 tw s project (e-0.
frar 8 Notio of Prrprrrtim oc previous draft doclt) plwu fill it in. Rwird Octobrr 196s
EW:vd
m ONM I-PASSESSMENTFORM-
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO. CT 90-38
DATE: BACKGROUND JVLv
1.
2.
3.
4.
5.
CASE NkCtE; AVTAM PA 26 NORTH
APPLICANT: AWARA \
ADDRESS AND PHONE NUMBER OF APPLICANT: PAU a
2011 Palomar Aimort Road, Suite 206
Carlsbad. CA 92009
DATE EIA FORM PART I SUBMITED: DECEMBER 11. 1990
PROJECT DESCRIPTION: A tentative m ’ volvi t 4
site for 68 sinnle familv homes on 7.500 sauare foot minimum lots.
ENVIRONMENTAL IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct an
Environmental Impact Assessment to determine if a project may have a significant effect on the environment.
The Environmental Impact hsessment appears in the following pages in the form of a checklist. This checklist
8 identifies any physical, biological and human factors that might be impacted by the proposed project and
provides the City with information to use as the basis for deciding whether to prepare an Environmental
Impact Report or Negative Declaration.
* A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or
any of its aspects may cause a signScant effect on the environment. On the checklist, “NO” will be checked *
to indicate this determination.
l An EIR must be prepared if the City determines that there is substantial evidence that any aspect of the
project may cause a m 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 insirmificant. These findings are shown in the checklist under the headings ‘YES-sig” and ‘YES-insig”
respectively.
A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under
D1scUsSION OF ENVIRONMENTAL E’Vfi*ATW . Particular attention should be given to discussing
mitigation for impacts which would otherwise be determined significant.
. PHYSICAL ENvtFtolv?vENT
WILL THE PROPOSAL DIRECI-LY OR INDIRECTLY:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Result in unstable earth conditions or increase the exposure of people or property
to geologic hazards? ,’
Appreciably change the topography or any
unique physical features?
Result in or be affected by erosion of soils
either on or off the site?
Result in changes in the deposition of beach
sands, or modifkarion 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
wafer (marine, fresh or flood waters)?
Affect the quantity or quality of surface
water, ground water or public water supply?
Substantially increase usage or cause
depletion of any natural resources?
Use substantial amounts of fkl or energy?
Alter a signikant archeological,
paleontological or historical site,
structure or object?
YES YES
big). (insig)
NO A
X
X
X
x
X
X
X
X
X
-2-
.
. 6roLoGKAL ENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO a (rid (i&l)
.
12.
13.
14.
15.
16.
Affect the diversity of species, habitat or numbers of any spgcies of plants (including trees, shrubs, grass, ticroflora and aquatic
plants)?
Introduce new species of plants into an area,
or a barrier to the normal replenishment of
existing species?
Reduce the amount of acreage of any
agricultural crop or affect prime, unique
or other farmland of state or local importance?
Affect the diversity of species, habitat
or numbers of any species of animals (birds,
land animals, all water dwelling organisms and insects?
Introduce new species of animals into an
area, or result in a batrier to the
migration or movement of animals?
HuMANENvrRoNMENT
WILL THE PROPOSAL DIRECIIY OR INDIRECTLY:
17. Alter the present or pl8nned land use of an area?
18. Substantially akt public utilitiu, schools, police, fire, v or other public services?
A
x
x
X
X
X
g YES NO cinrir)
HUMANENWRONMENT
WILL THE PROPOSAL DtRECTLY OR INDtRECTLY:
19.
n
20.
21.
22.
23.
24.
2s.
26.
27.
28.
29.
30.
31.
32.
Result in the need for new or modified sewer
systems, solid waste or hazardous waste control systems? , I
Increase existing noise levels?
Produce new light or glare?
Involve a significant risk of an explosion
or the release of hazardous substances
(including, but not limited to, oil, pesticides, chemicals or radiation)?
Substantially alter the density of the
human population of an area?
Affect existing housing, or create a demand
for additional housing?
Generate substantial additional traffic?
Affect existing parking facilities, or
create a large demand for new parking?
[mpact existing transportation systems or
alter present patterns of circulation or
movement of people and/or goods?
Alter waterborne, rail or air traffic?
Increase traffk ha7ards to motor
vehicles, bicyclists or pedestrians?
Interfere with anergency response plans or emergency evacuation plans?
Obstruct any scenic vista or create an
aesthetically offensive public view?
Affect the quality or .quantity of existing recreational opportunities?
NO b.slg)
X
X
X
x
X
X
X
X
X
X
.-.
MANDATORY FINDINGS OF SIGNIFICANCE
WILL THE PROPOSAL DIRECTLY OR tNDIREC7T.Y: YES YES NO ’ (siti (insil)
33. Does the project have the potential
to substantially degrade the quality of the environment, substantially reduce the habitar 06 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 Califomia history or prehistory.
34. Does the project have the potential
to achieve short-term, to the dis-
advantage of long-term, environmental
goals? (A short-term impact on the
environment is one which occurs in
relatively brief, definitive period of
time while long-term impacts will
endure well into the future.)
a
Does the project have the possible environmental effects which are in-
dividually limited but cumulatively
considerable? (“Cumulatively con-
siderable” means that the incremental
effects of an individual project are
considerable when viewed in connection
with the effects of past projects, the
effects of other current projects, and
the effects of probable future projects.)
36. Does the project hnn awironxnental effects which will ause substantial
adverse effects on human beings,
either directly or indirectly?
x
x
X
X
prSCUSSION OF ENVTRONMEh . AI, WAJLJATlON
The proposed project inv01~ts the finish grading (4,100 cubic r;Uds) of a previously mass-graded site,
construction of residential streets, drainage and other infrastructure, and tentative subdivision of PIaung
Area 26(N) of Aviara Phase II. The tentative map includes 68 single family residential lots on minimum 7,500
sq. ft. lot areas. Four open space lots are also proposed over the 28.9 acre site.
The area proposed for finish grading has been previously graded per subdivision map CT 89.37. ~0 encroachment inro previous& designated open space areas are proposed by the project. It is located in an area anticipated for residenrial development per the City’s General Plan, and the Local Coasral Program for the
affected area.
For this environmental analysis, staff conducted several field trips to the subject property and reviewed the
Pacific Rim Country Club and Resort Master Plan Environmental Impact Report (EIR 83-2(A)) and the
Mitigared Negative Declaration for Aviara Phase II Master Tentative Map which already covered this properry.
in that: (1) the proposed project site has already been reviewed under the Master Plan EIR 83-2(A) and the
Mitigated Negative Declaration for Atiara Phase [I (CT’ 89.37), (2) as designed, the project implements all
recommended mitigation measures of EIR 83-2(A) and the Phase [I Mitigated Negative Declaration, and (3)
the project will preserve in open space the previously deed restricted coastal habitat areas, no environmental
impacts are anticipated.
Phvsical Environment
1.
2.
3.
4.
5.
6.
The project is a previously graded site containing no unstable earth conditions as discussed in the Soils
Report for CT 89-37.
Relatively minor topographic changes will result from the project. The site.acreage is 28.9 acres, 81%
of which is developable (23.5 acres). Only 4,100 cubic yards of balanced earthwork are proposed. This equates to approximately 142 cu/yds of soil movement per gross acre. Such minor topographic changes
are not considered to be significant.
Drainage and erosion control facilities will be incorporated into the project to adequately reduce
potential soil erosion impacts. A downstream permanent desiltation basin has been constructed in
Planning Area 28.
Potential erosion impacts to Batiquitos Lagoon will be adequately mitigated as discussed in response #3 above.
Construction emission and minor fugitive dust generation impacts associated with project grading are
considered short term and insignificant. Dust generation can be adquately controlled through watering
operations. Air quality impacts associated with future development of housing upon this area is not
considered significant in itself. Long term full mitigation of regional air quality impacts will require that
dependence upon the automobile be reduced regionally and statewide.
in that no structural development is proposed at this time, impacts to air movement are not anticipated.
Air quality impacts from dust generation can be adquately controlled through watering operations during project grading.
- DISCUSSION OF ENVIRONMENTAL FVALUATION co&d
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
This project will not change the course Or ffOW of Water as no streams are located h the immediat:-la:ea
and all drainage waters will be handled by proposed drainage facilities.
Development of this project (tentative map grading and road construction) wilJ create impervious surfaces which would reduce absorption rates and incrementally increase runoff veiocities- However,
to accommodate this increased runoff, drainage facilities will be incorporated itno this project and
n future residential deyelopment upon the site, thereby mitigating this concern.
No inordinate depletion of any natural resources is anticipated by the subdivision, grad& and
consrruction of infrasrructure proposed by this project.
No significant impact as discussed in #9 above.
A thorough archaeological testing of the area was conducted in 1987 as part of EIR 83-2(A). NO
prehistorically or historically significant sites were discovered within the project area. An archaeologist
and a paleontological expert will be present during the Phase II mass grading to monitor operations in
an effort to preserve any uncovered objects.
Surface disturbance and grading for the project will not encroach into any native habitat area and will
not affect the onsite coastal deed restricted biological areas.
No impacts to the above mentioned coastal deed restricted areas are anticipated in that project
landscaping proposed adjacent to this habitat shall be required to be compatible and non-invasive.
AS stipulated in the Master Plan, the conversion of agricultural lands shall be permitted upon payment
of agricultural conversion fees. In accordance, the project applicant has already paid to the Stare
Coastal Conservancy agricultural mitigation fees required for the development of the project site.
& discussed in #ccl2 above, the previously deed restricted coastal sage habitat will be maintained in open space. Accordingly, no significant impacts to habitat or species are anticipated.
No new animal species or migration barrier will occur as a r&At of the project, as further discussed
in #12 above.
17. Development of this project will be consistent with the General Plan, Master Plan 177 and the Mello I LCP. The land uses proposed will be intemally compatible as well as being compatible with adjacent
uses.
18. As discussed in the Zone 19 Local Facilities Management Plan, with the payment of all fees and the implementation of all improvement conditions (i.e. upgrading of the Batiquitos sewer pump station, construction of Alga Road and Batiquitos Drive), all public facilities and services will be available to meet the demands of the titure development of 68 single family residences proposed on the project site. No adverse impacts should result.
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PfSCUSSION OF ENVIRONMENTAL EVALUATION cont’d
19. Although this Tentative Map does not propose any actual residential development, any subseqf*nt
dwelling unit construction onsite shall not be permitted until the Batiquitos Sewer Rump Station is
upgraded.
20. Construction of the project (grading and road development) may result in r&or short term insignificant construction noise impacts upon surrounding existing and proposed residences. Othe&e, the future residential uses on the subject property will be acoustically compatible with swom&ng existing and future residential uses. A noise study was completed to assess the potential noise impacts from Alga
Road. The report concluded that exterior noise mitigation may only be required if second story
balconies face Alga Road. [t also specified which lots of the proposed subdivision would require
mechanical ventilation if second story structures wire built. A detailed noise study will be completed
during the required discretionary review of any proposed development.
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.
24.
2s.
The proposed density of the project results in 2.35 du/ac. This is in compliance with the Master Plan’s
anticipated 2.35 du/ac. \
The project will provide additional housing units to meet existing demand.
A total of 680 average daily vehicle trips will be generated by the project which will not significantly
impact the circulation system as discussed in EIR 83-2(A) and LPMP 19.
26. The demand for parking facilities created by this project will be satisfied onsite. Two garage spaces will
be provided for each unit and adequate on street guest parking will be provided throughout the project.
27. The additional 680 ADT generated by the project will be accommodated by the existing and planned circulation network. This minor increase in tr&ic is not considered significant.
28.
29.
30.
31.
The project site is outside of the Airport Influence Area for Palomar Airport.
The project, as designed, wiIl not cause conflicts at its intersections with Alga Road.
The project will not interfere with emergency response plans.
Manufactured slopes mated through the already approved Phase II mass grading (which includes this
site) will be fully landscaped consistent with approved plans. Othe&se, the finish grading (4,100
cubic yards) of the subject property would not result in a visual impact.
32. The project will have no e&t on existing recreational opportunities.
tw%YSIS OF VIABLE ALTERN 1
a) Phased development of the project, b) alternate site designs, c) alternate scale of development, d) alternate uses for the site, e) development at some future time rather than now, f) altemate”sites for the proposed, and
g) no project alternative.
a)
b)
cl
d)
d
f)
g)
The project scale, 68 residential lots, is not of a size where phased development would be
beneficial.
The project has been designed consistent with the Aviara Master Plan and all City ordinances. ALI
open space areas are avoided.
The project is designed at slightly less scale (density) than allowed by the Master Plan for the area.
The project is in conformance with the City’s General Plan and the Master Plan. Alternate uses
would require amendment of these documents.
The proposed project involves subdivision and grading of the site only. Development of the site
will occur only if facilities are guaranteed.
The proposed project is the environmentally preferred project for the site.
The “no project” alternative is not in conformance with the General Plan/Master Plan designation
for the sire, therefore, it is not environmentally preferable.
__
DJ (To Be Completed By The Planning Department)
A
On the basis of this initial evaluation:
x I Iind the proposed project COULD NOT have a significant effect on the environment, and a NEGATR’E DECLARATION will be prepared.
- I find that the proposed project COULD NOT have a significant effect on the environment, because the
environmental effect’s of the proposed project have already been considered in conjunction with
previously certified environmental documents and no additional environmental review is required.
Therefore, a Notice of Determination has been prepared.
-
t find that although the proposed project could have a significant effect on the environment, there ti
not be a significant effect in this case because the mitigation measures described on an attached
sheet have been added to the project. A Conditional Negative
Declaration will be proposed.
- I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL
IMPACT REPORT is required.
T-Y/y 26, 1991
Date
E /rci: /L/1 “;oy
Signature d
\
ENM:km
IJSTMITIGATINGMEASURES CIFAPPLICABl&
[m APP
THIS IS TO CERTI~ THAT I HAVE WEWED THE ABOVE MmGATING MEASUMS AND CONCUR W-l-H THE ADDrTION OF THESE MEASURES TO THE PROJECT.
Date Signature
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AVIARA PLANNING AREA 26(N) CT SO-38
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A PLANNINGCOMMISSIONRJZSOLUTIONNO.3314
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A TENTATIVE TRACT MAP FOR AVIARA
PLANNING AREA 26(N) ON PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE ALGA
ROAD/KESTRAL DRIVE INTERSECTION.
CASE NAME: AVIAR4 PLANNING AREA 26(N)
CASE NO: CT 90-38
WHEREAS, a verified application for certain property to wit:
Portion of Section 27, Township 12 South, Range 4 West, San
Bernardino Meridian, in the City of Carlsbad, County of San
Diego
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 4th day of December, 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 90-38, based on the following findings and subject
to the following conditions:
. . . .
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A Findinn:
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The project is consistent with the City’s General Plan and MP-177 &ce &e
proposed density of 2.35 du’s/acre is within the density range of 04 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.
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 or
open space on the General Plan.
This project will not cause any significant environmental impacts and a Negative
Declaration has been issued by the Planning Director on August 1, 1991 and RECOMMENDED FOR APPROVAL by the Planning Commission on
December 4, 1991. In recommending approval of this Negative Declaration the Planning Commission has considered the initial study, the staff analysis, all required
mitigation measures and any written comments received regarding the significant
effects this project could have on the environment.
PC RESO NO. 3314 -2-
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The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, ‘and has agreed to abide by any
additional requirements established by a Local Facilities Management Plan prepared
pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts
created by the project.
This project is consistent with the City’s Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 19.
As discussed in the sta@ report, the grading for CX 90-38 substantially complies with the mass grading approved on the Aviam Phase II Master
Tentative Map (CX 89-37).
The Tentative Tract Map, CI’ 90-38, satisfies all requirements of Title 21, the Subdivision Ordinance and the State Map Act.
As discussed in the staffreport, the design of CI’ 90-38 is consistent with the intent
of Master Plan 177.
The project CI’ 90-38, is in compliance with the underlying Mello I and East
Batiquitos Lagoon Local Coastal Prom.
Conditions:
1. Approval is granted for CT 90-38, as shown on Exhibits “A’‘-“I”, dated
December 4, 1991, incorporated by reference and on file in the Planning
Department. Development shall occur substantially as shown unless otherwise
noted in these conditions.
2. The developer shall provide the City with a reproducible 24” x 36”, mylar copy of
the Tentative Map as approved by the Planning Commission. The Tentative Map
shall reflect the conditions of approval by the City. The Map copy shah be
submitted to the City Engineer prior to building, grading or improvement plan
submittal, whichever occurs first.
3. A 500’ scale mylar map of the subdivision shall be submitted to the Planning
Director prior to the recordation of the Enal map. Said map shall show al3 lots and
streets within and adjacent to the project.
4. This project is approved upon the express condition that the final map shall not be
approved unless the City Council finds as of the time of such approval that sewer
service is available to serve the subdivision.
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5.
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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 fulf~ll the sbbdivideis agreement to pay the public facilities fee dated
December 3, 1990, 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 at between the City and Aviaza 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. tf 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 shaU,not excuse compliance with all sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building
permit issuance.
The applicant shall annex the Avlam Planning Area 26(N) open space areas into the
Avka Master homeowner% &tign concurrent with the recordation of the !inal
l-P*
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The applicant shall prepare a detailed landscape and irrigation plan which shall be
submitted to and approved by the Planning Director prior to the issuance of grading or building permits, whichever occurs first.
All landscaped areas shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris.
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 in conformance with the
Phase 11 Master Tentative Map (CT’ 89-37) Tree Preservation Plan. Those trees
which are approved for removal shall be replaced as required by the Phase II Tree
Preservation Plan. No tree removal shall occur prior to written approval of the tree
removal program by the Planning Director.
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.
As part of the plans submitted ‘for building petit plan check, the applicant shall
include a reduced version of the approving resolution/resolutions on a 24” x 36”
blueline drawing. Said blueline drawing(s) shall also include a copy of any
applicable Coastal Development Permit and signed approved site plan.
Prior to final map approyal for CT 90-38, the project applicant or their successor in interest shall enter into an agreement with the City to provide the Aviara Masta
Plan’s proportional share of the city’s total obligation for ww low, low and
moderate income housing units.
PC RESO NO. 3314 -5
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This project is approved subject to the condition that a Site Development plan mkt
be approved by the City, prior to the issuance of any residential building perniits,
within this subdivision. The Site Development Plan must: Assess noise impacts to
the proposed structures along Alga Road, enmrre compliance with master plan development standards and consistency with Master Plan objectives.
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 26(N)
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 Director’s approval prior to final map approval,
This project is approved subject to the condition that all project landscaping
proposed on Exhibits “El’-“I”, dated December 4, 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 aimraft
operating from McCkkn-Pdornar Airport in a manner meeting the approval of the
Planning Director and the City Attorney. The applicant shall post a&raft noise
notifkation signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by the
Planning Director.
Prior to the issuance of a grading permit or the recordation of the Enal 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 he required to be submitted to the City Planning Department for review
prior to the issuance of a grading permit.
Prior to final map approval or the issuance of a grading permit for CT 90-38, the
Aviara Phase II Tentative Map (CT 89-37) must be recorded as a final map.
This project currently shows no retaining walls. This project is approved subject to
the condition that no retaining walls greater than 2 feat in height within the front
or sideyard se&ack areas shall be permitted, unless specifically approved by the
PlaMing co mm&ion during subsequent Site Development Plan review.
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32. This project is approved subject to the condition that grading proposed as pa!‘t t$
any future Site Development Plan over the subject property shall be in subs&&l
conformance with the grading approved through this tentative map.
. eemnsr Condition:
33. This project is lo&ted &i&in the Mello I and East &tiquitos m Co& plans,
All development design shall comply with the requirements of that plan.
34. Unless a standard variance has been issued, no variance from City Standards &
authorized by virtue of approval of this tentative map.
3s. This subdivision is approved specificahy approving:
A. Rockrose Terrace south of “A” Street to be developed as a ‘hillside street”
with a 32 ft. wide curb to curb Section within a 46 ft. wide easement for
street purposes.
36.
B. “A” Street at the intersection of Kestrel Drive providing a 37 ft. tangent.
The developer shah comply with all the rules, regulations and design requirements
of the respective sewer and water agencies regarding services to the project.
37. The developer shall be responsible for coordination with S.D.G.&E., Pacific
Telephone, and Cable TV authorities.
38. Prior to final map approval, the tract map for Cl’ 89-37 must be recorded and the
mass grading for CI’ 89-37, Lot 4, shall be complete and finaled to the satisfaction
of the City Fqineer.
39.
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The applicant shall defend indemnify and hold harmless the City and its agents,
offhs, and employees from any claim, action or proceeding against the City or its agents, officers or employees to attach, set aside, void or null an approval of the
City, the Planning Commissi on or City Engineer which has been brought against the
City within the time period provided by Section 66499.37 of the Subdivision Map
Act.
Approval of this tentative tract map shall expire twenty-four (24) months from the
date of City Council approval unless a final map is recorded. An extension may be
requested by the applicant. Said extension shall be approved or denied at the
discretion of the City Council. In approving an extension, the City Council may impose new conditions and may revise existing conditions pursuant to Section
20.12.110(a)(2) Carlsbad Municipal Code.
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Prior to approval of the final map the developer shall enter into an agreement with
the City to pay any drainage area fees established as a result of the forthcoming
Master Drainage Plan Update.
The subject property is within the boundaries of Assessment District No. 88-l (Alga
Road). Upon the subdivision of land within the district boundaries, the applicant may pass through assessment to subsequent owners c& if the applicant has
executed special Assessment District Pass-through Authorization Agreement. Said
Agreement contains provisions regarding notice to potential buyer of the amount of
the assessment and any 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 in full bv the annkant 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 each new lot.
Based on a review of the proposed grading and the grading quantities shown on the
tentative map, a grading pen-nit is required for this project. Prior to approval of a
final map the applicant shall submit and receive approval for grading plans in
accordance with City Codes and standards. Prior to issuing a building permit a
grading permit shall be obtained and grading be completed in accordance with
approved grading plans.
No grading shall occur outside the limits of the subdivision unless a grading or slope
easement is obtained from the owners of the affected properties. If the developer
is unable to obtain the grading or slope easement, he must either amend the
tentative map or change the slope so grading will not occur outside the project site
in a manner which substantially conforms to the approved tentative map as
determined by the City Engineer and Planning Director.
The developer shall exercise special care during the construction phase of this
project to prevent offsite siltation. Planting and erosion control shall be provided
in accordance with the Carlsbad Municipal Code and the City Engineer. Reference Chap 11.06.
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Additional drainage easements may be required. Drainage structures shall be
provided or installed prior to the issuance of grading or building pemxit as may be
required by the City Engineer.
The developer shall make an offer of dedication to the City for all public streets and
easements required by these conditions or shown ont he tentative map. The offer
shall be made by a certificate on the final map for this project. All land so offered
shall be granted to the City free and clear of all liens and encumbrances and without
cost to the City. Streets that are already public are not required to be rededicated.
Plans, specifications, and supporting documents for all improvements shall be
prepared to the satisfaction of the City Engineer. Prior to approval of the final map
in accordance, with City Standards the Developer shall install, or agree to install
and secure with appropriate security as provided by law, improvements shown on
the tentative map and the following improvements:
A. Full public street improvements for Street A, Rockrose Terrace, Bullrush
Terrace and Cattail Place.
Ei. Public storm drain and sewer facilities.
Improvements listed above shall be constructed within 18 months of final map
approval and/or improvement plan approval, whichever occurs first.
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.
Prior to approval of the final map the property owner shall agree to participate in
a drainage maintenance assessment district. The mechankm for such agreement
shall be to the satisfaction of the City Engineer and the Utilities and Maintenance
Director.
All open space lots (Lots 69, 70, and 71) shall be owned in fee and maintained 6y
the A&-a Master Association.
Concurrent with final map recordation, all lots with sight distance corridors shall
record a “Notice of Restriction on Real Proper@’ for restricting height of landscaping
and structures to 30” above the street.
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5s. Any encroachment through construction into deed res&ted or undisturbed open
space for the purpose Of gTadiUg Will E+re an amendment to the tentative map
and appxwal of the California Coastal Commissi OIL A note to this effect shall
appear on the Enal grading plan.
56. Prior to the commencement of any grading activities, the developer shall fence off
the deed restricted and undisturbed open space to the satisfaction of the city
Engineer and the Planning Director. A note to this eff” shall appear on the final
grading plans. The existing fencing on the Phase II Master Tentative Map conforms with this condition.
57. Prior to issuing a building permit on any lot in this subdivision a Site Development
Plan shall be approved by the Planning Commission. No building permit for any
retaining walls, will be issued without specific approval ‘on the Site Development
Plan. A note to this effect shall be placed on the final map.
58. The developer shall record an open space easement to be maintained by the Aviara Master Association, on the slopes adjacent to open space lots 69 and 70 in Lots 23
through 34 and 36 through 47.
59. Direct access rights for all lots abutting Alga Road, Kestral Drive and “A” Street shall
be waived on the fmal map.
60. Prior to final map approval the owner shah execute a Hold Harmless Agreement for
geologic failure.
61. The developer shall place the following note on 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.
62. The entire subdivision shall be graded concurrent with the !ht phase/unit of the
development.
63. Concurrent with the first phase/unit of the development which has frontage on
Rockrose Tenace, public improvemen tstoaUofRockroseTerraceaudanyrquired
S~OI-III draias ad SZI,V~ systems shall be constructed to the satisfaction of the City
Enginea and the Planning Director..
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Fire Conditions: A
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Additional on-site public hydrants are required.
An all-weather access road shall serve the project during construction.
Allrequired fire hydrants, water mains and appurtenances shall be operational prior
to combustible building materials being located on the project site.
Brush clearance shall be maintained according to the specifications contained in the
City of Carlsbad Landscape Manual. Applicant shall provide brush clearance plan
to the Fire Department for approval.
Plans and/or specifications for 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.
Prior to submittal of water improvement plans, the applicant shall submit to the Fire
Department a map, showing the street network, conforming to the following
criteria:
* 400’ scale * Photo reduction on mylar * At least two existing streets and/or intersections shall be referenced on the
map (not a separate vicinity map) * Maps shall include the following information:
Street centerlines l
Street names
Fire hydrant locations
Carlsbad Municipal Water District:
70. The entire potable and non-potable water systems for subject project shall be
evaluated in detail to ensure that adequate capacity and pressure for domestic, non-
potable and tie flow demands are met. I
71. The Develop&s Engineer shall schedule a meeting first with the City Fire Marshal
and then with the District Engineer to review the preliminary water system layout
prior to preparation of the water system improvement plans.
72. The Developer will be responsible for all fees and deposits plus the major facility
charge which will be collected at time of issuance of building permit. The
Developer shall pay a San Diego County Water Authority capacity charge which will
be collected at issuance of application or meter installation.
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73. Tbis project is approved upon the express condition that building permits willNot
be issued for development of the subject property unless the water district se~~g
the development determines that adequate water and service is available at the time of application for water sexvice and will continue to be available until time of
-P=Y*
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
5 Commission of the City of Carlsbad, California, held on the 4th day of December, 1991, t
6 by the following vote, to wit:
7 AYES: Chairman Holmes, Commissioners: Schlehuber, Savary, Erwin, Noble
a 81 Hall.
9 NOES: None.
10 ABSENT: Commissioner Schramm.
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.- -- _W.%, ABSTAIN:
“<4 ROBERT HOLMES, Chairperson
CARLSBAD PLANNING COMMISSION
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DATE:
TO:
FROM:
SUBJEcr:
DECEMBER 4, 1991
PLANNING COMMISSION
PLANNING DEPARTMENT
CF 90-38 - AVIARA PLANNING 26cNj - Request for a Tentative Tract Map
to include 68 single family residential lots (minimum 7500 square foot) and
3 open space lots on a 28.9 acre site located at the southeast corner of the
intersection of Alga Road and Kestral Drive, in Local Facilities Management
Zone 19.
I. RECOMMENDATION
STAFF REPORT
APPLL - .TION COMPLETE DATE:
Aoril30. 1991
EXTENSION TO: 1
JANUARY 30. 1992 ,
,7 3 G VJ
That the Planning Commission ADOPT Planning Commission Resolution No. 3313
RECOMMENDING APPROVAL of the Negative Declaration issued by the Planning Director
and ADOPT Planning Commission Resolution No. 3314 RECOMMENDING APPROVAL, of
CT 90-38, based on the findings and subject to the conditions contained therein.
II. PROJEC’l- DESCRIPTION AND BACKGROUND
This project is a Tentative Tract Map to create 68 single family residential lots (minimum
7500 SF) and 3 open space lots as shown on Eaxhibit “B” within the Aviara Master Plan.
Planning Area 26(N) is located at the southeast comer of the intersection of Alga Road and
Kestrdl Drive. The 28.9 acre subject property is zoned PC and is under a combination
General Plan designation of RLM/RM/OS/RC/‘N. The project would have a density of 2.35
du/ac. This density is consistent with the Planning Area’s maximum permitted density of
2.35 du/ac. The property is also located within the Coastal Zone (Mello I and East
Batiquitos Lagoon) and will require a Coastal Permit issued by the California Coastal
Commission.
As shown on Exhibit “B” the project would be accessed via three points along Kestral Drive,
which is located along the western perimeter of rhe property. A 60 foot wide Local Street
system would be constructed to intersect with Kestral Drive, to provide access to the
project’s residential lots. As shown on Exhibit “B”, a ptiblic cul-de-sac street system would
provide access to more residential lots in the northern area of the planning area adjacent
to Alga Road. The project has been designed to double load all project residential lots
along the internal cul-de-sac street system.
CT 90-38 AVIARA PLA, JNG AREA 26(N)
DECEMBER 4, 1991
PAGE 2-
-
Proposed project grading includes 4,100 cubic yards of cut and fill to be balanced onsite.
This minor amount of grading is regarded as finish grading for this site which is in the
process of being graded consistent with the previously approved Aviara Phase II tentative
map (CT 89-37).
This project proposes’ no encroachment into the previously Coastal Commission deed
restricred open space lots approved through the ,4viara Phase II Master Tentative Map.
These open space lots are vegetated with Coastal Sage Scrub vegetation. This project also
proposes a .6 acre “give-back” area to be included into the Coastal Resource Area.
The project site is surrounded by future single family residential to the south (PA 26s) and
west (PA 25), by Alga Road to the north, and by the Aviara Golf Course to the east.
Since the project is not proposing structures at this time, a Site Development Plan will be
required to be processed subsequent to the development of the planning area, to ensure
compliance with Aviara Master Plan development standards.
III. ANALYSIS
Planning Issues
1. Does the proposed Tentative Subdivision Map satisfy all requirements of the Zoning
Ordinance, Subdivision Ordinance and cne Srate Map Act?
2. Is the design of rhe proposed subdivision consistent with the intent of
Master Plan 177?
3. Does the proposed project grading substantially comply with the mass grading
approved through the Aviara Phase II Master Tentative Map (CT 89-37)?
4. Is the proposed project in compliance with the Mello I and East Batiquitos Lagoon
Local Coastal Programs?
5. Is the proposed project consistent with the Zcne 19 Local Facility Management
Plan?
DISCUSSION
The 28.9 acre, 71 lot Tentative Map for Planning Area 26(N) satisfies all requirements of
the R-1-7500 zone, Carlsbad’s Subdivision Ordinance and the State Map Act. All proposed
residential lots will front on publicly dedicated streets and meet the minimum development
standards of the R-1-7500 zone. Specifically, all lots are:
CT 90-38 AVIARA PLA - ING AREA 26(N)
DECEMBER 4,199l
3 PAGE
-
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.
All lots have also been designed to drain adequately.
Tentative Map CT 90-38 has also been designed to be consistent with the concept plan for
Planning Area 26, as identified in Master Plan 177.
The physical iayout of the proposed subdivision is bounded on the west by Kestral Drive,
on the north by Alga Road and on the east by the Aviara Golf Course separated by a
manufactured slope created during Phase II grading. To the south of the project is
Planning Area 26 South. The northern portion of the subdivision has a cul-de-sac serving
18 residential lots. The south and central portion of the subdivision has a public street that
has two access points onto Kestral Drive as shown on Exhibit “B”. ln certain locations, this
subdivision proposes rear lot lines that are at intermediate locations along the slope. This
has been done in other Aviara Plarting Areas where rear yards are adjacent to coastal
resource open space and conditions are placed to ensure the maintenance of these slopes
by the Aviara Master Association. A condition has been placed on this project (#59) to
this effect on the lots involved.
The balanced grading for the project (4,100 cubic yards of cut and fill) substantially
complies with the grading approved through the Avkra Phase II Master Tentative Map.
This minor amount of grading is necessary to create internal streets and finished residential
lots.
This project is in compliance with all policies of the Mello I and East Batiquitos Local
Coastal Programs as implemented through Master Plan 177. Specifically, all portions of
the property which were placed under open space deed restriction by the California
Coastal Commission (Lot 69, 70 and 71) are being preserved in open space.
The project is located in Local Facilities Management Zone 19 in the southwest quadrant.
At the project dwelling unit count (68 units) the proposed project in combination with the approved 99 dwelling units for PA 26(S) is below that allowed by the Master Plan for
Planning Area 26. All public facilities and services will be available to serve the project.
The impact on public facilities created by the proposed project, and compliance with adopted performance standards are summarized below:
CT 90-38 AVIARA PLA .IING AREA 26(N)
DECEMBER 4,199l
PAGE 4
FACILlTY I IMPACT COMPLIANCE WITH %lNDARD
City Administration 252 SF YES
Library 134.5 SF YES
Waste Water 68 EDU YES
Parks
Drainage
,504 Acres
N/A
YES .,
YES
Circulation
Fire
Schools
680 ADT
Station #2 & #4
N/A
YES
YES
YES
Sewer Collection System 68 EDU YES
Water Distribution System 14,960 GPD YES
Open Space N/A YES
Iv. REVIEW ENVIRONMENTAL
The Planning Director has determined that this project will not have a significant impact
on the environment and, therefore, has issued a Negative Declaration on August 1, 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)
and the Mitigated Negative Declaration for the Aviara Phase II Tentative Map (CT 89-37),
(2) as designed, the project implements all recommended mitigation measures of these two
environmental documents, and (3) the project preserves in open space all previously deed
restricted coastal habitat areas, no environmental impacts are anticipated. In addition, a
noise study was submitted per the City’s Noise Policy to assess impacts to the lots adjacent
to Alga Road. The study (attached) showed there would be no external noise impacts but
depending on the product type, there may be internal impacts to be mitigated. A noise
study will be conducted with the Site Development Plan to assess any noise impacts to
residences. There were no public comments received in response to the Notice for a
Negative Declaration.
ATTACHMENTS
1.
2.
3.
4.
5.
6.
7.
8.
Planning Commission Resolution No. 3313
Planning Commission Resolution No. 3314
Location Map
Background Data Sheet
Disclosure Form
Local Facilities Impacts Assessment Form
Noise Study
Exhibits “A” - “I”, dated December 4, 1991
ENM:lh
October 18,lWl
- BACKGROUND DATA SHEET -
CASE NO.: CT 90-38
CASE NAME: AVIARA PA 26(N)
APPLICANT: AVIARA LAND ASSOCIATES
REQUEST AND LOCATION: Tentative Tract Man to create 68 minimum 7500 SF
Single Family Residential Lots and 3 Open Space Lots on a 28.9 acre site located
at the SW comer of the intersection of Alga Road and Kestral Drive.
LEGAL DESCRIPTION: Portion of Section 27. Township 12 South. Range 4 West,
San Bernardino Meridian, Citv of Carlsbad, Countv of San Dieno.
APN: 21 s-040-23
(Assessor’s Parcel Number)
Acres 2.35 Proposed No. of Lots/Units 71/68
GENERAL PLAN AND ZONING
Land Use Designation RLM
Density Allowed 2.35 Density Proposed 2.10
Existing Zone PC Proposed Zone PC
Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning
Requirements)
Zoning Land Use
Site PC VACANT/GRADED
North PC ALGA ROAD
south PC
East PC
VACANT/GRADED (PA-26s)
AVIARA GOLF COURSE
West PC VACANT/GRADED (PA-25)
PUBLIC FACILITIES
School District CARLSBAD Water District CARLSBADD Sewer District CARLSBAD
Equivalent Dwelling Units (Sewer Capacity) 68
Public Facilities Fee Agreement, dated DECEMBER 11. 1990
ENVIRONMENTAL IMPACT ASSESSMENT
X Negative Declaration, issued August 1, 1991
- Certified Environmental Impact Report, dated
Other, F,NM:lh
.
PA 26 North
DlSCLOSURE STATEMENT
/’
/ i’
APPUCANTS STATEMENT OF OWXOSURE OF CERTAIN OWNERSHIP INTERESTS ON AU, APPUCATlONS WHICH WIU REOUIRE
Ol~CREflONARY ACTlON ON 7-I-E PART OF WE Cm’ COUNClL OR ANY APPolNlE~ 8OARO. COMMlSSlON OR COMMfTTEE
[Please Pfinfj
The following information must be disclosed:
1. ‘. Amkant
List the names and addresses of all persons having a financial interest in the application. Aviara Land Associates Limited Partnership 2011 Palomar Airport Rd., X206 Carlsbad, CA 92009
2. - Owner .---.. *-
List the names and addresses of all persons having any ownership interest in the property involved.
Cnrppratipn . . a CaJlfnU]ia -at- . 450 N snort Ceaer Drue- u 'te 304 180 N. .
Newpok Beach, CA 92660 Rlverv iew Drive Suite 130 Anaheim: CA 92808
3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and
addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership
interest in the partnership. Henry Hillman Address: 450 Newport Center Drive Suite 304
Newport Beach, CA 92660-7640
4. If any person idetied pursuant to (1) or (2) above is a non-profit organisation of a trust, list the names and
addresses of any person serving as officer or director of the non-profit otganization or as trustee or beneficiary of the trust.
N/A
-
.‘.. . .
.
Disclosure Statement
(Over)
Page 2
i;
5. Have you had more than $250 worth of business transacted with any member of City staff, Boards
Commissions, Committees and Council within the past twelve months?
Yes - No x If yes, please indicate person(s)
Peoon io dhwd u: ‘Ay individual. fh. eoputfWnkip. joirrtvanhue. ruocidon. o&d club, frnwrd org~izadon, eorpomion. e)tat., mst,
rueivor. yndicato, this and any other countf. cw md couq, ciQ munici@iry. dioVict QC 0th~ po(w u&ivi~, 01 any othw group or
combination acting aa I unct’
(NO’E: An additional pages as necessary.)
\ Signature &%&&r/date
11/30/90
Aviara-La& Associates Limited Aviark 'Land-.Associates Limited -- Partnership Partnership
Print or type name of ownef _. . . . By: D. L. Clemens Vice President
.-.
. .
.
11/30/90
$ignatu~~ticantJdurt/date
Print or type name of applicant - .By:. -D. L. Clemens Vice President
_.
- .- .-.
. : - . . .’ *?’ ,
. . . .
- .
CITY OF -BAD
GROWTH MANAGFMFNT PROGRAM
LOCAL FACILITIES IMPACT’S ASSE!%MENT FORM
(To be Submitted with Development Application)
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO.: AVIARA PA 26(N) - CT 90-38
LOCAL FACILITY MANAGEMENT ZONE: 19 ZONING: PC GENERAL PLAN: RLM
DEVELOPER’S NAME: AVIARA LAND ASSOCIATES
ADDRESS: 2011 PALOMAR AIRPORT RD., CARLSBAD. CA 92009
PHONE NO.: (619) 931-l 190 ASSESSOR’S PARCEL NO.: 215-040-23
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 28.9 AC/68 DU’S
ESTIMATED COMPLETION DATE:
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
ENM:lh
City Administrative Facilities: Demand in Square Footage = 252
Library: Demand in Square Footage = 134.5
Wastewater Treatment Capacity (Calculate with J. Sewer) N/A
Park: Demand in Acreage = .504
Drainage: Demand in CFS = N/A
Identify Drainage Basin = A.4
(Identify master plan facilities on site plan)
Circulation: Demand in ADTs = 680
(Identify Trip Distribution on site plan)
Fire: Served by Fire Station No. = 2&4
Open Space: Acreage Provided - N/A
Schools: N/A
(Demands to be determined by staff)
Sewer: Demand in EDUs - 68
Identify Sub Basin - N/A
(Identify trunk line(s) impacted on site plan)
Water: Demand in GPD - 14.960
The project is 8 units below the Growth Management Dwelling unit allowance.
PRELIMINARY EXTERIOR NOISE ANALYSIS FOR PLANNING AREA 26 NORTH CITY OF CARLSBAD
Report # 91-37 ’ February 22,199l
Prepared For:
Hillman Properties West, Inc. 2011 Palomar Airport Road Suite 206 Carlsbad, CA 92009
Prepared By:
Vincent Mestrc, P.E. Mike Hohitz
MESTRE GREVE ASSOCtiTES 280 Newport Cater Drive Suite 230 Newport Beach, CA 92660-7528 (7 14)760-0891
-
Mesa Grcve Associates Report # 9 1-37 Page 1
SUMMARY MINIMUM REQUIREMENTS TO MEET CITY OF CARLSBAD STANDARDS Report ml-37 February 22, 1991
EXTERIOR NOISE LEVELS
The project must comply with the City’s 60 CNEL exterior noise standard. Without mitigation, first floor exterior observers would experience a worst case traffic noise level of 59.6 CNEL at Lot 3. All fust floor outdoor living areas in the project will meet the 60 CNEL exterior noise standard without exterior mitigation. The data used in the noise analysis are shown in the Appendix.
. If second storv balconies are planned faciu Road.nv bamers will be needed for some homes. The required balcony bark locations and heights can be addressed in a future studv when
P-f== @ngplans and architectural drawings become availa!&
INTERIOR NOISE LEVELS
Residential buildings achieve outdoor to indoor noise reductions of at least 20 dB assuming windows are closed Assuming buildings are located at least 20 feet behind lot edges, all frost and second floor exterior building surfaces in the project will be exposed to noise levels less than 65 CNEL, and will therefore require less than 20 dB noise reduction to meet the 45 CNBL interior noise standard. Therefore, all buildings in the project will meet the 45 CWL interior noise standard without building upgrades.
MECHANICAL VENTILATION REQUIREMENTS
Since the noise attenuation of a building falls to about 15 dB with windows open, any buildings exposed to noise levels greater than 60 CNEL will meet the 45 CNBL interior noise standard only with windows closed, therefore requiring mechanical ventilation. Since all first floor exterior building surfaces in the project will be exposed to noise levels less than 60 CNEL, single story homes in the project will not require mechanical ventilation. mechanical ventilation will be recuired for anv
Table S2 PRELIMINARY MECHANICAL VENTILATION REQUIREMENTS
LOT NUMBER
2through4 7 through 9
Mesue Gnve Associates Report # 91-37 Page 2 A
PRELIMINARY EXTERIOR NOISE ANALYSIS FOR AVIARA PLANNING AREA 26 NORTH CITY OF CARLSBAD
1.0 INTRODUCTION
The purpose of this report is to show compliance of Planning Area 26 North 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 homes. This report incorporates the 60 CNEL exterior noise standard adopted by the City of Carlsbad. The project is located in the City of Carlsbad, east of Interstate 5, as shown in Exhibit 1. The project site will be impacted by traffic noise from Alga Road. Due to substantial shielding from surrounding topography, the project site will not be impacted by traffic noise from Interstate 5. 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.
2.0 NOISE CRITERIA
The predominant rating scale now used in California for land-use compatibility assessment is the Community Noise Equivalent Level (CNEL). CNEL is a 24hour time weighted annual average noise level based on the A-weighted decibel. A-weighting is a ikquency correction that cotrelates 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) penal&s noises by 5 dB, while nighttime (IO 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 pmperty line. In addition, interior noise levels may not exceed 45 CNEL.
The site plan for the project (Exhibit 2) was prepared by P 8t.D Technologies (‘Tentative Map for Aviara Planning Area 26 North, Phase II ; December 6.1990”).
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 (THWA 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 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 reached.
OCEANSIDE VISTA
I 78
ENCINITAS AD.
\ \
Exhibit 1 - Vicinity Map
MESTRE GREVE ASSOCIATES 6
- _ -
r
’ .
-
Mcstre Gnve Associates Report # 9 I-37 Page 3
4.0 ROADWAY NOISE
The future traffic volume for Alga Road was obtained from our contour analysis prepared for the Carlsbad Noise Element, (Mcstre 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. Traffic 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
VEHICLETYPE 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
Using the assumptions presented above, the future noise levels were computed. The results are reported here in Table 2 in terms of distances to the 60, 65, and 70 CNEL contours. These represent the distances from the centerline of the roadway to the contour value shown. Note that the values given in Table 2 do not take into account the effects of intervening topography that may affect the roadway noise exposure. Topographic effects are included in subsequent analyses to determine the actual noise exposure on the project site. In addition, these projections do not include any future vehicle noise reduction assumptions to take into account the effects of legislation requiring quieter vehicles in the future.
‘Table 2 DISTANCE TO NOISE CONTOURS FOR FUTURE TRAFFIC CONDITIONS
ROADWAY SEGMENT DISTANCE TO CNEL CONTOUR (FT) -7o- -65 do-
Alga Road 45 97 209
Due to shielding by the roadway edge, fast floor exterior observers along Alga Road will experience a maximum traffic noise level of 59.6 CNEL at Lot 3. This shielding effect is shown pictorially in Exhibit 3.
If second story balconies are planned facing Alga Road, these exterior living areas will not be shielded by the roadway edge, and would experience a worst case traffic noise level of 64.4 CNEL at Lot 3.
2 ”
.j 4
co Y c c
3 3
- ,
Mestre Greve Associates Report # 91-37 Page 4,
5.0 EXTERIOR NOISE MITIGATION
Since the frost floor exterior living areas along Alga Road will be exposed to noise levels of less than 60 CNEL, all first floor exterior living areas in the project will meet the exterior noise standard without noise btiers.
. wrll be needed for som2; be a&&& tn a future studv wheq precise eradine clans and architectural drawings become available,
6.0 INTERIOR NOISE MITIGATION
The project must comply with the City of Carlsbad indoor noise standard. With standard construction practices in California, residential buildings achieve outdoor to indoor noise reductions of at least 20 dB assuming windows are closed. All first and second floor exterior building surfaces in the project will be exposed to noise levels less than 65 CNEL, and will therefore require less than 20 dB noise reduction to meet the 45 CNEL interior noise standard. Therefore, all buildings in the project will meet the 45 CNEL interior noise standard without building upgrades.
7.0 MECHANICAL VENTILATION REQUIREMENTS
Since the noise attenuation of a building falls to about 15 dB with windows open, any buildings exposed to noise levels greater than 60 CNEL will meet the 45 CNBL interior noise standard only with windows closed, therefore requiring mechanical ventilation. Since all first floor exterior building surfaces in the project will be exposed to noise levels less than 60 CNEL, any single story homes in the project will not require mechanical ventilation. . and vdlation will be reqpired for the tw* -Table 4 and shown in Exhibit 4.
Table 4 MECHANICAL VENTILATION REQUIREMENTS FOR PLANNING AREA 26 NORTH
LOT NUMBER
2 through 4 7 tiugh 9
/- -1
TWO-STORY HOMES REQUIRING + MECHANICAL VENTILATION
J
I
Exhibit 4 - Mechanical Ventilation
Requirements (Two-Story Buildings Only)
MESTRE GREVE ASSOCIATES
Lot
2
3
4
7
8
9
70
Mestre Grwe Associates Report # 91-37 Page 5
APPENDIX DATA USED IN NOISE ANALYSIS ALONG ALGA ROAD
Road D&t. To Dist. To Dlst. To Pad Observer
Elevation TopofSlope Topof-Slope Observer Elevation Height
219.8 51 219.8 760 205.5 6
220.5 51 220.5 100 205 6
222.1 51 222.7 100 204 6
222.9 51 222.9 120 195 6
223.7 57 223.7 720 796.5 6
227 51 227' 120 196.5 6
227 51 227 795 196.5 6
MlNUTtS
December 4, 1991 PLANNING COMMISSION Page 22 COMMISSIONERS \
?e did not recommend rewording because a Citywide district nay or may not come into existence. The condition deals
#ith the impacts of this project and not the Citywide impacts.
Commissioner Schlehuber inquired if Mr. Ball means that a Zitywide district may never be feasible because there may be
:ertain properties which have no impacts. Mr. Ball replied
that Commissioner Schlehuber's interpretation is correct.
Connnissioner Hall stated that it really means that a Citywide assessment district may never pass if it is left up to the voters. He thinks this is a taxation issue and that rle are, in effect, taking away the rights of future
citizens. A home in this project could belong to any person sitting on the Planning Commission just as easily as any other person. Commissioner Hall feels that this condition
is not fair to the future citizens of Carlsbad.
Commissioner Erwin suggested that a separate motion be made for Condition #62.
Motion was duly made, seconded, and FAILED to delete Condition #62 from the project approval resolution.
Due to the eplit vote, Chairman Holmes inquired if Mr. Clemens would like to have this item heard before a full Commission. Mr. Clemens was advised that the decision to
include Condition X62 is appealable and, therefore, he
requested the Commission to go ahead with the vote.
Motion was duly made, seconded, and carried to
adopt Planning Commission Resolution No. 3323 approving the Negative Declaration issued by the Planning Director and adopt Planning Commission Resolution No. 3324,
approving CT 90-34, based on the findings and subject to the conditions contained therein.
Commissioners Hall and Erwin requested that the record show that they both strongly object to the inclusion of Condition
X62.
7) CT 90-38 - AVIARA PLANNING 26(N) - Request for a
Tentative Tract Map to include 68 single family
residential lots (minimum 7,500 s.f.) and 3 open space lots on a 28.9 acre site located at the southeast
corner of the intersection of Alga Road and Kestral Drive, in Local Facilities Management Zone 19.
Eric Munox, Associate Planner, reviewed the background of the request and stated that CT 90-38 is similar to the
planning areas previously considered tonight. This planning area involves the subdivision of land and associated finish
grading. Proposed grading involves the balance of 4,100 yards of cut and fill and is consistent with the approved grading plan for Aviara Phase II. All residential lots
created will have a minimum lot size of 7,500 s.f. with an average lot size of about 9,600 s.f. and a maximum of 18,000 s.f. Excluding manufactured slopes, the average lot pad size is approximately 6,800 s.f. with a maximum of 10,000 s.f. A site development plan will be processed with
the actual development of this planning area to ensure
Erwin Hall Holmes
Noble
Savary Schlehuber
Erwin Hall Holmes
Noble
savary Schlehuber
MlNUTii
December 4, 1991 PLANNING COMMISSION Page 23
:ompliance with the City's noise policy and all Aviara daster Plan development standards. In addition, the
proposed project complies with the Mello I and East 3atiguitos Lagoon Local Coastal Programs. Since this project involves 68 residential lots, the City Council is
:he final decision-making body. Therefore, the Commission's actions tonight, per staff's recommendation, would be to
recommend approval of this tentative tract map.
Chairman Holmes opened the public testimony and issued the
invitation to speak.
Larry Clemens, Hillman Properties, 2011 Palomar Airport
load, Suite 206, Carlsbad, addressed the Commission and stated that he agrees with all of the recommendations in the staff report with the exception of Condition X52. He objects to the inclusion of Condition 152 for the following
reasons: (1) Aviara residents are already subject to public Cinancing for Alga Road, the school and Citywide CFD, and
the assessment is not appropriate. (2) Maintenance of City
Pacilities is the responsibility of the City and should be
paid for out of the general fund; if the City is unable to
perform such basic services, the problem should be brought forward and addressed; if not, there will soon be an
additional fee for police, fire, etc. (3) The increase in the tax revenue to the City from the development should far
outweigh the cost of services provided by the City: Hillman requests that a study be performed prior to their agreeing
to this condition to ensure that these services are not being paid for twice. (4) Finally, it is inappropriate for the City to add conditions to this development for impacts
which neither party can determine; discretionary approval is supposed to determine what is required of the developer to build the project. Such blanket approval to pay whatever
the City adopts in the future subverts that process.
If Mr. Clemens were to agree to the condition and participation in the assessment district, as the City
Attorney mentioned previously, he would be waiving his rights to object at a later date. Therefore, he would be unable to object at a future public hearing. He feels that
this condition should be a separate issue so that as a citizen of Carlsbad he does not waive his right to object.
He wants the record to show that Aviara is paying their way to the tune of over $1 million per year going into the
general fund and being used for other things. He therefore
feels that the inclusion of Condition X52 would be double
taxation.
There being no 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.
Motion was duly made, seconded, and carried to adopt
Planning Commission Resolution No. 3313 recommending approval of the Negative Declaration issued by the Planning Director and adopt Planning Commission Reeolution No. 3314 recommending approval of CT 90-38, based on the
findings and subject to the conditions contained therein.
Commissioners Hall and Erwin requested that the record show that they both strongly object to the inclusion of Condition #52 for the same reason as cited previously.
Erwin Hall
Holmes Noble
Savary
Schlehuber
, c
.
.- _-
*
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-_------- thcltycoluI hadwluhold~Puhlic~nsrt the CItJ c0unc11 Chamhor4 I880 cuuhad Vlllaga Drlvo, culehsdl twtbnlt~atd:00P.~,oDTuallaY. yvcb 8,188& to conelda.alt dp puasuonforaThnteoTmtr tol@Idomeh@oE8muY- tlmllsteclinlmumT8o8#ibq tn
notice of which the annexed is a printed
copy, has been published in each regular
and entire issue of said newspaper and not
in any supplement thereof on the follow-
ing dates, to-wit:
Bnhrrra~v 3n 1992 at &a mlItbout mr-- -- -- -dAlnllord&ndIdPul Drlw, 1 Avlua ,Plmni~ Ama lvapx tn Loml Facllltlw Hmuso-
I b”LYYLJ L”
1Q I’-
10
I certify under penalty of perjury that the
foregoing is true and correct. Executed at
Carlsbad, County of San Diego, State of
California on the 20th
day of February 1992
Iri7’ \ &f-v ?Li
t Clerk of the Printer
NOTICE OF PUBLIC HEARING
CT 90-38
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold
a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive
Carlsbad, California, at 6:00 P.M., on Tuesday, March 3, 1992, to consider an
application for a Tentative Tract Map to include 68 single family residential
lots (minimum 7500 square foot) and 3 open space lots on a 28.9 acre site on
property generally located at the southeast corner of the intersection of Alga
Road and Kestral Drive, in Aviara Planning Area 26(N), in Local Facilities
Management Zone 19, and more particularly described as:
Portion of Section 27, Township 12 South, Range 4 West, San Bernardino
Meridian, in the City of Carlsbad, County of San Diego.
If you have any questions regarding this matter, please call Eric Munoz in the
Planning Department, at 438-1161, ext. 4441.
If you challenge the Tentative Tract Map in court, you may be limited to raising
only those issues raised by you or someone else at the public hearing described
in this notice, or in written correspondence delivered to the City of Carlsbad
City Clerk's Office at or prior to the public hearing.
APPLICANT: Aviara Land Associates
PUBLISH: February 20, 1992 CARLSBAD CITY COUNCIL
AVlARApLk)l(NIJo~~~ I crQo-3a
e - NOTICE OF PUBLIC HEAR!? -- ’ ’
NOTICE iS HERkBY GlVEN that the Planning Commission of the City of Carlsbad will hold
a public hearing at the Council Chambers, 1200 Carlsbad Village Drive (formerly Elm
Avenue), Carlsbad, California, at 6:00 p.m. on Wednesday, December 4, 1991, to consider
approval of a Tentative Tract Map to include 68 single family residential lots (minimum
7500 square foot) and 3 open space lots on a 28.9 acre site on property generally located at the southeast corner of the intersection of Alga Road and Kestral Drive, in Local
Facilities Management Zone 19 and more particularly described as:
Portion of Section 27, Township 12 South, Range 4 West, San Bernardino
Meridian, in the City of Carlsbad, County of San Diego.
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the staff report will be available on and after November 27, 1991. If
you have any questions, please call Eric Munoz in the Planning Department at 438-1161,
ext. 4441.
If you challenge the Tentative Tract Map in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice or in
written correspondence delivered to the City of Carlsbad at or prior to the public hearing.
CASE FILE: CT 90-38
APPLICANT: AVIARA PA 26(N)
PUBLISH: NOVEMBER 21,199l - .-~~- --
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‘I- ,Bvelyn Weidner -&ichard G Kathleen,Dennis Mary Vinson Paul W. Gimla
'P. 0. Box 33 7106 Daffodil Pl'. 4812 Northerly St.
Cardiff, CA 92007 Carlsbad, CA 92009 Oceanside, CA 92054
Aviara Land Associates 2011 Palomar Airport Rd. John A. Nylander
Suite 206 Gordon S 8 Juliette Naylor lOlo Foxglove View 7104 Daffodil Pl. Carlsbad, CA 92009 Carlsbad, CA 92009 Carlsbad, CA 92009
Master Association Aviara Don Brown 2011 Palomar Airport Rd. 7102 Daffodil Pl. Suite 206 Carlsbad, CA 92009 Carlsbad, CA 92009
Rose M. DeLancey 7204 Daffodil Pl. Carlsbad, CA 92009
Family Trust 02-28-90 Ridley 7112 Daffodil Pl. Carlsbad, CA 92009
Gary G Krystal Gannaway 1009 Foxglove View Carlsbad, CA 92009
Steven $ Whiting Bruning Richard 4 SHerry Wheeler
1018 Foxglove View 1011 Foxglove View
Carlsbad, CA 92009 Carlsbad, CA 92009
Harry A $ Orpha Wagner 1013 Foxglove View Carlsbad, CA 92009
Thomas J 4 Marian Reichert Raymond 4 Filothea Mitchell Lloyd 4 Shelley Hendrickso
7110 Daffodil Pl. 1016 Foxglove View 1015 Foxglove View
Carlsbad, CA 92009 Carlsbad, CA 92009 Carlsbad, CA 92009
Michael $ Judith Elovitz 7108 Daffodil Pl. James J. Castner Edwin C f, Connie Gates
Carlsbad, CA 92009 52 Fox Chase Lane 7105 Daffodil Pl.
West Hartford, CT 06107 Carlsbad, CA 92009
- ,
Thomas F $ Jill Snipes ‘7107 Daffodil Pl. Carlsbad, CA 92009
David E 8 Judith Steen Bruce M G Carol Jordan 1012 Daisy Ct. 7216 Daffodil Pl. Carlsbad, CA 92009 Carlsbad, CA 92009
Kiyoshi $ MIsao Morikawa 1592 Bermuda Dunes Dr. Boulder City, NV 89005
Alwilda B. Kirscher 7111 Daffodil Pl. Carlsbad, CA 92009
Katherine Baum H. F. Lavay 1014 Tulip Way 7208 Daffodil Pl. Carlsbad, CA 92009 Carlsbad, CA 92009
Chalres $ Carolyn Myers 1012 Tulip Way Carlsbad, CA 92009
Jose 6 Bertha Kahuam 7204 Manzanita St. Carlsbad, CA 92009
Jeffrey R 6 Jane Regan Allan 6 Barbara Lahmann 1010 Daisy Ct. 7218 Daffodil Pl. Carlsbad, CA 92009 Carlsbad, CA 92009
Witt W $ Rosemary Rowlett John C. Sulton 7206 Daffodil Pl. 7220 Daffodil Pl. Carlsbad, CA 92009 Carlsbad, CA 92009
Jeffrey Ri Wenzel 7222 Daffodil Pl. Carlsbad, CA 92009
Alan H 8 Jo Burson 7210 Daffodil Pl. Carlsbad, CA 92009
Larry W 6 Marta Jones 7212 Daffodil Pl. Carlsbad, CA 92009
Family Trust 01-03-91 Brunn 7221 Daffodil Pl. Carlsbad, CA 92009
Don Brown 7219 Daffodil Pl. Carlsbad, CA 92009
Robert K 8 Melinda Beecroft Frank 8 Hermine Carrillo Gerald 6 Adelheid Williams 7217 Daffodil Pl.
1014 Daisy Ct. 7214 Daffodil Pl. Carlsbad, CA 92009 Carlsbad, CA 92009 Carlsbad, CA 92009
l t
.C\kristopher 6 Barbara Ros: -
J7plS Daffodil Pl. Kathryn F. Rangus Carlsbad, CA 92009 1013 Tulip Way Carlsbad, CA 92009
Edwin A Dusel 7211 Daffodil Pl. Carlsbad, CA 92009
Rosalind 1991 Family Carrington 1026 Iris Ct. Carlsbad, CA 92008
Lenard S $ Debora Elias Fred $ Nancy Stivers
7209 Daffodil Pl. 1028 Iris Ct.
Carlsbad, CA 92009 Carlsbad, CA 92009
Loren $ Sally Thompson 7207 Daffodil Pl. Carlsbad, CA 92009
Ram T. Chillar 1030 Iris Ct. Carlsbad, CA 92009
Robert E. 6 Laura Cress Kathleen E. Moore David B 6 Karen Thompson
7205 Daffodil Pl. 1032 Iris Ct. P. 0. Box 1487
Carlsbad, CA 92009 Carlsbad, CA 92009 Carlsbad, CA 92008
Family Trust 05-07-87 Woodruff 1017 Tulip Way Carlsbad, CA 92009
Dale Aschbrenner 1029 Iris Ct. Carlsbad, CA 92009
Mario $ Molly Drentea 1025 Iris Ct. Carlsbad, CA 92009
David W $ Verlee Freeze 1023 Iris Ct. Carlsbad, CA 92009
Robert C $ Linda Allen 3174 Seabury St. Carlsbad, CA 92008
Robert 6 Deborah Bass 1019 Iris Ct. Carlsbad, CA 92009
Michael $ Catherine McMahon 1015 Tulip Way Susan Payne
Carlsbad, CA 92009 1027 Iris Ct. Carlsbad, CA 92009
(Form A)
TO: CITY CLERK’S OFFICE
FROM: PLANNING DEPARTMENT
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notice
CT 90-38 - AVIARA PLANNING AREA 26(N)
for a public hearing before the City Council.
1
. ~c~~fo~ the council meeting Of
/
Thank you.
MARTY ORENYAK
Assistant City Manager
215192
Date