HomeMy WebLinkAbout1992-07-21; City Council; 11802; Aviara Planning Area 30: CITY - F CARLSBAD - AGEND/ -31LL 99 a r, II\
3ECOMMENDED ACTION:
Planning Commission and staff are recommending that the City Council direct the City Attorney's Office to prepare documents APPROVING the Negative Declaration issued by the Planning Director and CT 90-30/PUD 91-6.
ITEM EXPLANATION
The proposed project is a lOl-unit single family subdivision within the Aviara Master Plan. The project site is on a knoll overlooking the I-5 freeway and Batiquitos Lagoon. The site is highly visible from the freeway and other surrounding areas. The proposed phased development includes open space areas and is a gated community. A noise barrier is required along the western perimeter of the project because of proximity to the I-5 Freeway. The Planning Department's Administrative Policy No. 17 (Noise) allows a range of 60 to 65 dBA CNEL exterior noise levels with a special finding required for approval at the 65 dBA level. For aesthetic reasons, staff and the Planning Commission are recommending approval of the project with a maximum exterior noise level of 65 dBA CNEL allowed. This results in a lower noise wall height (6 feet) than would be necessary at the 60 dBA level on this highly visible site. The finding and condition necessary for this 65 dBA alternative are included in the attached resolutions. The lots will be developed to R-l standards as provided in the Master Plan. The minimum lot size is 7500 square feet, although most lots exceed that amount. Development standards established in the Aviara Master Plan include a requirement for variation in setbacks and building heights throughout the project with special consideration for building heights and architectural relief on the portion of the site which is visible from I-5. The project complies with all of these applicable regulations.
Both staff and the Planning Commission are recommending approval of the project.
ENVIRONMENTAL REVIEW
The Planning Director has issued a Negative Declaration on December 12, 1991, based on a determination that no significant environmental impacts will result from this project due to the findings and text in the Environmental Impact Assessment.
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 101 dwelling unit tentative map.
1 PAGE 2 OF AGENDA BILL NO. 11, goti
GROWTH MANAGEMENT STATUS
Facilities Zone
Facility/Service Deficiency
19
.None
Growth Control Point 3.2
Net Density 2.48
Special Facility Fee I- I Yes*
+ The project is subject to the Community Facilities District No. 1 (Citywide Mello Roos) fee assessed on all undeveloped property. The proposed project is 29 dwelling units below the growth control point.
1. Planning Commission Resolution No. 3395, dated May 20, 1992 2. Planning Commission Resolution No. 3396, dated May 20, 1992 3. Planning Commission Resolution No. 3397, dated May 20, 1992 4. Staff Report dated May 20, 1992 w/attachments 5. Excerpts of Planning Commission Minutes, dated May 20, 1992
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PLANNING COMMISSION RESOLUTION NO. 3395
A RESOLUTION OF THE PLANNtNG COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA RECOMMENDING
APPROVAL OF A NEGATIVE DECLARATION FOR A
TENTATIVE TRACT MAP AND PLANNED UNIT
DEVELOPMENT FOR PLANNING AREA 30 OF THE AVIARA
MASTER PLAN.
CASE NAME: AVIARA PLANNING AREA 30
CASE NO: CT 90-30/PUD 91-6
WHEREAS, the Planning Commission did on the 20th day of May, 1992,
hold a duly noticed public hearing as prescribed by law to consider said request, and
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, examining the initial study, analyzing the information
submitted by staff, and considering any written comments received, the Planning
Commission considered all factors relating to the Negative Declaration.
NOW, THEREFORE, BE tT HEREBY RESOLVED by the Planning Commission
as follows:
A)
B)
That the foregoing recitations are true and correct.
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 December 12, 1991, and “PII”, dated November
26, 1991, attached hereto and made a part hereof, based on the following
findings:
Findings:
1. The initial study shows that there is no substantial evidence that the project may
have a significant impact on the environment.
2. The site has been previously graded pursuant to an earlier environmental analysis.
3. The streets are adequate in size to handle traffic generated by the proposed
project.
4. The 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 JXIR 83-2(A) and the Mitigated Negative Declaration.
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5. The project will p reserve in open space the previously deed restricted coastal
resource boundary areas.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 20th day of May, 1992, by
the following vote, to wit:
AYES: Commissioners: Schlehuber, Schramm, Noble, Welshons,
Savary & Hall.
NOES: Chairperson Erwin.
ABSENT: None.
ABSTAIN: None.
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TOM ERWIN, Chairperson
CARLSBAD PLANNING COMMISSION
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Al-TEST:
PLANNING DIRECTOR
PC RESO NO. 3395 -2-
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NFiGATIW DECLARATION
PROJECT ADDRESS/LOCATION: South of Batiquitos Drive between Aviara Drive and
Interstate 5.
PROJECT DESCRIPTION: A Tentative Tract Map for 101 residential lots and 2
open space 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 not have a significant
impact on the environment) is hereby issued for the subject project. Justification for this
action is on file in the Planning Department.
A copy of the Negative Declaration with supportive documents is on file in the Planning
Department, 2075 Las Pahnas Drive, Carlsbad, California 92009. Comments from the
public are invited. Please submit comments in writing to the Planning Department within
30 days of date of issuance. If you have any questions, please call Elaine Blackburn in the
Planning Department at 438-l 161, extension 4471. \
DATED: DECEMBER 12, 1991 V MICHAEL J. HOLZMILLER
CASE NO: CT 90-30 Planning Director
APPLICANT: AVIARA LAND ASSOCIATES, LTD PARTNERSHIP
PUBLISH DATE: DECEMBER 12, 1991
2075 Las Palmas Drive - Carlsbad, California 92009-4859 l (619) 438-l 161
c-PARTU -0
(TO BE COMPLETED BY THE PIANNtNG DEPARTMENT)
CASE
DATE: BACKGROUND
NO. CT 90-30
JULY 26. 1991
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CASE NAME: Aviara Planning Area 30
APPLICANT: Aviara Land Associates Limited Partnership ’
ADDRESS AND PHONE NUMBER OF APPLICANT: 2011 Palomar Airport Road. Suite 206
Carlsbad, CA 92009
(619)931-1190
4. DATE EL4 FORM PART I SUBMITTED: December 10. 1990
5. PROJECT DESCRIPTION: Tentative Tract MaD for 101 single familv lots and 2 ouen suace 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 Assessment 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 sign&ant effect on the environment. On the checklist, “NO” will be checked
to indicate this determination.
* An EIR must be prepared if the City determines that there is substantial evidence that any aspect of the
project may cause a -cant effect on the environment. The project may qualify for a Negative
Declaration however, if adverse impacts are mitigated so that environmental effects can be deemed
insignificant. These findings are shown in the checklist under the headings ‘YES+” and ‘YES-ins@’ respectively.
A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under
DISCUSSION OF. ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing
mitigation for impacts which would otherwise be determined slg&ica.nt.
I. PHYSICAL ENvIRoNMF!NT
WILL THE PROPOSAL DtRECl-LY OR INDIRECTLY:
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Result in unstable earth conditions or
increase the exposure of people or property
to geologic hazards?
Appreciably change the topography or any
unique physical features?
Result in or be affected by erosion of soils
either on or off the site?
Result in changes in the deposition of beach
sands, or modification of the channel of a
river or stream or the bed of the ocean or
any bay, inlet or lake?
Result in substantial adverse effects on
ambient air quality?
Result in substantial changes in air
movement, odor, moisture, or temperature?
Substantially change the course or flow of
water (marine, fresh or flood waters)?
Affect the quantity or quality of surface
water, ground water or public water supply?
Substantially increase usage or cause
depletion of any natural resources?
Use substantial amounts of fuel or energy?
Alter a significant archeological,
paleontological or historical site,
structure or object?
YES
big)
YES
(ins@)
NO
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BIOLOGICAL EbMROIvhdEm-
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES
big) (insig)
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Affect the diversity of species, habitat
or numbers of any species of plants (including
trees, shrubs, grass, microflora and aquatic
plants)?
Introduce new species of plants into an area,
or a barrier to the normal replenishment of
existing species?
Reduce the amount of acreage of any
agricultural crop or affect prime, unique
or other farmland of state or local
importance?
Affect the diversity of species, habitat
or numbers of any species of animals (birds,
land animals, all water dwelling organisms
and insects?
Introduce new species of animals into
area, or result in a barrier to the
migration or movement of at&n*?
WILL THE PROPOSAL DIRECTLY OR INDIRECIZY:
17. Alter the present or planned land use of an area?
18. Substantially affect public utilities, schools, police, fire, emergency or other public services?
YES YES
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NO
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NO
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HUMANENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY:
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Result in the need for new or modified sewer
systems, solid waste or hazardous waste control systems?
Increase existing noise levels?
Produce new light or glare?
Involve a significant risk of an explosion
or the release of hazardous substances
(including, but not limited to, oil,
pesticides, chemicals or radiation)?
Substantially alter the density of the
human population of an area?
Affect existing housing, or create a demand
for additional housing? -
Generate substantial additional traffic?
Affect existing parking facilities, or
create a large demand for new parking?
Impact existing transportation systems or
alter present patterns of circulation or
movement of people and/or goods?
Alter waterborne, rail or air traffic?
Increase traffic hazards to motor
vehicles, bicyclists or pedestrians?
Interfere with emergency response plans or
emergency evacuation plans?
Obstruct any scenic vista or create an
aesthetically offensive public view?
Affect the quality or quantity of
existing recreational opportunities?
NO
(insig)
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MANDATORY FINDINGS OF SIGNIFICANCE
WILL THE PROPOSAL DtRECI’LY OR INDIRECTLY: YES YES Nd
big) (insig)
33. Does the project have the potential
to substantially degrade the quality
of the environment, substantially
reduce the habitat of a fish or wild-
life species, cause a fish or wildlife
population to drop below self-sustaining
, levels, threaten to eliminate a plant or
animal community, reduce the number or
restrict the range of a rare or en-
dangered plant or animal, or eliminate
important examples of the major periods
of California history or prehistory.
34. Does the project have the potential
to achieve short-term, to the dis-
advantage of long-term, environmental
goals? (A short-term impact on the
environment is one which occurs in a
relatively brief, definitive period of
time while long-term impacts will
endure well into the future.)
3s. 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 curent projects, and
the effects of probable future projects.)
36. Does the project have environmental
effects which will cause substantial
adverse effects on human beings,
either directly or indirectly?
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DISCUSSION OF ENVIRONMENTAL EVALUATION *.
Project Description
The proposed project involves finish grading and infrastmcture construction for Planning Area 30 of the
Aviara Master Plan. This tentative tract map provides 101 single family lots and 2 open space lots on a 57.4
acre site. The project site has been mass graded as part of the Aviara Master Plan CT 89-37. The proposed
project is consistent with Master Tentative Tract Map (CT 89-37) for the Master Plan, and mitigation measures as required by the Master Plan Environmental Impact Report (EIR 83-2(A)) have been implemented.
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The proposed project will not result in unstable earth conditions or exposure to geologic hazards. The
mass grading for the site has been done in compliance with CT 89-37 (the approved tentative map
for the Master Plan). The proposed finish grading and infrastructure construction will involve 46,700
cubic yards of grading. The grading is balanced on site.
Any major topographic changes were evaluated in the EIR prepared for the Master Plan. Only minor
changes will result from the finish grading and infrastructure construction of the current project. No
development is proposed at this time.
The proposed project will not result in or be affected by erosion of soils, nor result in changes to
beach sands or channels. Drainage and erosion control facilities will be required of the project in
conformance with City standards. A permanent desiltation basin has been constructed in Planning
Area 28, (to the southeast) to mitigate potential impacts from soil erosion. The drainage and erosion
control mitigation required will adequately mitigate any potential impacts to Batiquitos Lagoon.
The proposed subdivision will ,not result in substantial adverse effects on ambient air quality. The
ultimate development of the site (into single family residences) will contribute incrementally to an
increase in local and regional air pollution. This project (when ultimately developed) will generate
only a minor amount of traffic (1,010 average daily trips). No development is proposed at this time.
The project will not result in substantial changes in air movement, odor, moisture, or temperature.
Air quality impacts (dust) from grading activities will be controlled by watering. No structures are
proposed at this time. .
The project will not change the course or flow of waters. No water bodies are located within this
planning area. Batiquitos Lagoon is located approximately 400 feet to the south of this planning area.
The project will not affect the quantity or quality of surface water, ground water, or public water
supply. The project is conditioned to provide adequate facilities to handle any increased runoff
resulting from the development of the site.
The project will not substantially increase usage or depletion of any natural resource, nor will it use substantial amounts of fuel or energy. The project involves only finish grading and infrastructure
construction at this time.
All mitigation for archaeological, paleontological, and historic sites required by the Master. Plan EIR
has been done.
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11.. A,h m&gation for archaeological, paleontological, and historic sites required by the Master plan EIR
has been done.
12. The EIR prepared for the Master Plan identified areas of Coastal Sage Scrub and required mitigation
in the form of Coastal deed restricted open space areas. The proposed subdivision does not encroach
into these deed restricted areas.
13 The proposed project will not encroach into the coastal deed restricted areas, thus will not result in
a barrier to replenishment. Any landscaping proposed with this project must be compatible with the
deed restricted area vegetation.
14. The approved Master Plan for this project required mitigation for conversion of agricultural land in
the form of agricultural conversion fees. The applicant has paid all such fees required for this project.
15/l& The site contains areas of Coastal Sage Scrub (gnatcatcher habitat). However, these areas are Coastal
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deed restricted open space areas. This project does not encroach into the deed reSUkted areas.
Therefore, no significant impacts to species or habitat is expected.
The proposed ultimate development (single family residences) for the site is consistent wirh the
General Plan and with the Master Plan (MP 177) governing development of the site.
The proposed project will not substantially affect public utilities or public services. The project will
be conditioned to comply with all requirements of the local facilities management plan, thus meeting
the demands of the future development proposed for the site.
No development is proposed with this current project. However, the upgrading of the Batiquitos
Pump Station will be required prior to construction of the residential units, and any development
proposal will be so conditioned.
The proposed project will not result in an increase to existing noise levels. Short-term intermittent
increases to noise levels which may occur during grading and construction will be minor and
insignificant.
Because the proposed project is for lY.nish grading and public infrastructure construction, it will not
result in an increase in light or glare. Any necessary street lights will be of the low sodium variety,
minimizing glare.
The proposed project would not be expected to involve a significant risk of explosion or the release
of hazardous substances.
Because no development of units is proposed at this time, the project will have no effects on density.
The proposed project will ultimately contribute additional housing units to meet current demand. No
development is proposed at this time.
The proposed project will ultimately generate 1,010 daily trips. This minor increase in trips is not
significant. The existing and proposed new portions of the circulation system will accommodate this
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traffic. Circulation and traffic for the project was evaluated in the EIR prepared for the Master Plan.
No construction of units is proposed currently.
26. any demand for parking created by the ultimate development of this project will be satisfied on site.
27. The proposed project will not impact existing transportation systems or alter present patterns of
circulation. No new trips will be generated by ‘this project, which is limited to finish grading and
infrastructure construction.
28. The proposed project will not alter waterborne, rail, or air traffic. There are no water bodies or rail
lines on or adjacent to the site. The project is not within the Airport Influence Area for McClellan
Palomar Airport.
29. The project will not increase traffic hazards to motor vehicles, bicyclists, or pedestrians. The project
is designed to provide adequate separation between vehicular and pedestrian traffic.
30. The project is designed such that it will not interfere with emergency response or evacuation plans.
31. Revegetation of slopes after grading was required. This project, involving finish grading and
infrastructure construction would not be expected to result in aesthetic impacts or offensive public
views.
32. The proposed project will not affect the quality or quantity of existing recreation opportunities. The
ultimate development of the site into single family homes will include the provision of private yards.
No development is proposed at this time.
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ANALYSIS OF VIABLE ALTERNATIVES TO THE PROPOSED PROJECT SUCH AS:
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a) Phased development of the project,
b) alternate site designs,
c) alternate scale of development,
d) alternate uses for the site,
e) development at some future time rather than now,
f) alternate sites for the proposed, and g) no project alternative.
The proposed project (subdivision into 101 single family and 2 open space lots) will be developed
in three phases. The first phase will include 32 lots, the second phase 28 lots, and the third phase
41 lots. .
The site design is consistent with the pproved Master Plan (MF * 77). The design includes
preservation of open space c lastal deed Acted areas. No additional nvironmental benefits WC i
be derived by an alternate site design.
The proposed scale of development (101 dwelling units) is less than the density approved for the
site in the Master Plan 137 dwelling units.
The proposed use is consistent with the General Plan and with the approved Master Plan. No
additional environmental benefits would result from an alternate use.
The actual development of the site will occur at a future time. The current project proposal is for
lot subdivision and infrastructure construction only.
The project site is appr oriate for the proposed use. The project does not preclude similar uses on
other sites.
The no-project alternative would not prevent the ultimate development of the site. The proposed
project is consistent with the General Plan and the approved Master Plan and provides mitigation
of environmental impacts as required by the EIR for the Master Plan.
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, DETFRMINATION (To Be Completed By The Planning Department)
On the basis of this initial evaluation: t
x I find the proposed project COULD NOT have a signifkant effect on the environment, and
a NEGATIVE DECLARATION will be prepared.
I fkd that the proposed project COULD NOT have a significant effect on the environment,
because the environmental effects 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.
I find that although the proposed project could have a significant effect on the environment,
there will not be a significant effect in this case because the mitigation measures described
on an attached sheet have been added to the project. A Conditional Negative Declaration
will be proposed.
I find the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
r Date I
LIST MITIGATING MEASURES (IF APPLICABLE)
ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE1
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APPLICANTCONCURRENCEWITHMITIGATlNGMEASURES
THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES
AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT.
Date Signature
EB:km
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PLANNING COMMISSION RESOLUTION NO. 3396
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A TENTATIVE TRACT MAP ON PROPERTY
GENERALLY LOCATED ON THE SOUTH SIDE OF
BATIQUITOS DRJVE.
CASE NAME: AVIARA PLANNING AREA 30
CASE NO: CT 90-30
WHEREAS, a verified application for certain property to wit:
Portions of Sections 27, 28, 33, and 34, 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 20th day of May, 1992, 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 90-30, based on the following findings and subject
to the following conditions:
Finding:
1. The project is consistent with the City’s General Plan and MP 177 since the
proposed density of 1.82 du’s/acre is within the density range of O-4 d&acre
specified for the site as indicated on the Land Use Element of the General Plan, and
is at or below the growth control point of 3.2.
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The site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the
density proposed.
The Planning Commission has, by inclusion of an appropriate condition to this
project, ensured that the final map will not be approved unless the City Council
finds that sewer service is available to serve the project. In addition, the Planning
Commission has added a condition that a note shall be placed on the final map that
building permits may not be issued for the project unless the City Engineer
determines that sewer service is available, and building cannot occur within the
project unless sewer service remains available, and the Planning Commission is
satisfied that the requirements of the Public Facilities Element of the General Plan
have been met insofar as they apply to sewer service for this project.
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 residential development 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 December 12, 1991 and
RECOMMENDED FOR APPROVAL by the Planning Commission on May 20, 1992.
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.
The applicant is by condition, required to pay any increase in public facility fee, or
new construction tax, or development fees, and has agreed to abide by any
additional requirements established by a Local Facilities Management Plan prepared
pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure
continued availability of public facilities and will mitigate any cumulative impacts
created by the project.
PC PESO NO. 3396 -2-
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This project is consistent with the City’s Growth Management Ordinance as it has
been conditioned to comply with any requirement approved as part of the Local
Facilities Management Plan for Zone 19.
As discussed in the staff report, the grading for CT 90-30 substantially complies with
the mass grading approved on the Aviara Phase II Master Tentative Map (CT 89-
37).
The Tentative Tract Map, CX 90-30, satisfies all requirements of Title 21, (Zoning),
Title 20 (Subdivisions), and the Subdivision Map Act.
The design of CI’ 90-30 is consistent with MP 177.
The Tentative Tract Map, m 90-30, is in compliance with the underlying Mello
I/Jhst Batiquitos Local Coastal Programs.
This project will result in noise levels of between 60 and 65 dBA CNEL. Therefore,
pursuant to Phning Department Policy No. 17, the project is being appkoved with
higher than 60 dBA CNEL noise levels because of the prominence of the site and the
appearance of the noise barrier necessary to mitigate noise levels to 60 dBA CNEL.
Conditions:
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Approval is granted for CT 90-30, as shown on Exhibit(s) “A” - “N”, dated May 20,
1992, incorporated by reference and on file in the Planning Department.
Development shall occur substantially as shown unless otherwise noted in these
conditions.
The developer shall provide the City with a reproducible 24” x 36”, mylar copy of
the Tentative Map as approved by the Planning Commission. The Tentative Map
shall reflect the conditions of approval by the City. The Map copy shall be
submitted to the City Engineer prior to issuance of building permits or improvement
plan submittal, whichever occurs first.
A 500 scale map of the subdivision shall be submitted to the Planning Director prior
to the recordation of the final map. Said map shall show all lots and streets within
and adjacent to the project.
This project is approved upon the express condition that the final map shall not be
approved unless the City Council finds as of the time of such approval that sewer
service is available to serve the subdivision.
This project is also approved under the express condition that the applicant pay the
public facilities fee adopted by the City Council on July 28, 1987 and as amended
from time to time, and any development fees established by the City Council
pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance
PC RESO NO. 3396 -3-
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adopted to implement a growth management system or facilities and improvement plan and to fulfill the subdivider’s agreement to pay the public facilities fee dated
October 26, 1991, a copy of which is on file with the City Clerk and is incorporated
by this reference. If the fees are not paid this application will not be consistent with
the General Plan and approval for this project shall be void.
The applicant shall pay park-in-lieu fees to the City, prior to the approval of the
final map as required by Chapter 20.44 of the Carlsbad Municipal Code unless
previously excluded by the Parks Agreement between the City and Aviara Land
Associates dated June 1, 1989.
The applicant shall provide school fees to mitigate conditions of overcrowding as
part of building permit application. These fees shall be based on the fee schedule
in effect at the time of building permit application. All or a portion of said fees may
be waived subject to the approval of the Carlsbad Unified School District.
Water shall be provided to this project pursuant to the Water Service agreement
between the City of Carlsbad and the Carlsbad Municipal Water District, dated May
25, 1983.
This project shall comply with all conditions and mitigation required by Master Plan
177 and the Zone 19 Local Facilities Management Plan approved by the City Council
on December 22, 1987, incorporated herein and on file in the Planning Department
and any future amendments to the Plan made prior to the issuance of building
permits.
The following note shall be placed on the Final Map. “Prior to issuance of a
building permit for any buildable lot within the subdivision, the property owner
shall pay a one-time special development tax in accordance with the City Council
Resolution No. 91-39”.
Prior to approval of the final map for any phase of this project, the applicant shall
enter into an agreement with the City to provide this project’s proportional share
of the City’s total obligation for low income housing units or to implement whatever
housing programs are adopted by the City Council to implement the Housing
Element.
The applicant is aware that the City is preparing an in-lieu or housing impact fee
program as an alternative to the inclusionary requirements stipulated in Policy 3.6b
of the Housing Element. If in the development of the in-lieu fee program, it is
determined by the City Council in order to find consistency with the Housing
Element of the General Plan as well as consistency with Section 66473.5 of the
Government Code (Subdivision Map Act), that this project is subject to this fee and
building permits have not been issued, the applicant or its successors in interest
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shall pay whatever reasonable in-lieu fee that is required and in effect at the time
of issuance of building permits. If required fees are not paid, this application will
not be consistent with the General Plan and approval for this project will be void.
If any condition for construction of any public improvements or facilities, or the
payment of any fees in lieu thereof, imposed by this approval or imposed by law on
this project are challenged this approval shall be suspended as provided in
Government Code Section 65913.5. If any such condition is determined to be
invalid this approval shall be invalid unless the City Council determines that the
project without the condition complies with all requirements of law.
Approval of this request shall not excuse compliance with all sections of Title 21
(Zoning) and all other applicable City ordinances in effect at time of building permit
issuance.
Approval of CT 90-30 is granted subject to the approval of PUD 91-6.
The applicant shall annex the Aviara Planning Area 30 open space areas into the
Aviara Master Homeowner’s Association concwent with the recordation of the final
maPa
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 II Master Tentative Map (Cr 89-37) Tree Prezwvation Plan. Those trees
which are approved for removal shall be replaced as reqttired 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. e
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23. Landscape plans shall be designed to minimize water use. Lawn and other zone 1 plants (see 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.
24. Prior to final occupancy, a letter from a California licensed landscape architect shall
be submitted to the Planning Director certifying that all landscaping has been
installed as shown on the approved landscape plans.
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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.
27. As part of the plans submitted for building permit plan check, the applicant shall
include a reduced version of the approving resolution/resolutions on a 24” x 36”
blueline drawing. Said blueline drawing(s) shall also include a copy of any
applicable Coastal Development Permit and signed approved site plan.
28. This project is approved subject to the condition tbat a Site Development Pkm must
be approved by the City prior to the issuance of any residential building permits
within this subdivision.
29. 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 Homeowner’s Association or PA 30
Neighborhood Homeowners Association maintenance responsibility for all natural
and manufactured project open space areas.
30. 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.
Tb.is project is approved subject to the condition that all project landscaping
proposed in Exhibits “F’ - “N”, dated May 20,1992, shall be irrigated with reclaimed
water.
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PC PESO NO. 3396
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 overfbght, sight, and sound of aimraft
operating f&m McClellan - Palomar Airport, in a manner meeting the approval of
the Planning Director and the City Attorney. The applicant shall post aimraft noise
notification signs in all sales and/or rental offices associated with the new
development. The number and locations of said signs shall be approved the
Planning Director.
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Pursuant to Planning Department Administrative Policy #17 (Noise), all purchasers
of impacted property (i.e, Lots 3947 and 48-79) &all be notified prior to purchase,
and by deed disclosure in writing, that the property they are pm&sing is noise impacted and does a meet current Carlsbad noise standards (60 dBA CIWL) for residential property. A notice to this effect shall appear on the Enal map.
Prior to the issuance of a grading permit or the recordation of the final map, the
project applicant shall receive a Coastal Development Permit which approves
development which is in substantial conformance with this City approval. The
Coastal Permit shall be required to be submitted to the City Planning Department
for review prior to the issuance of a grading permit.
Prior to final map approval or the issuance of a grading permit for CT 90-30, 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 feet in height within the front
or side yard setback area shall be permitted unless specifically approved by the
Planning co mmission during subsequent plan review.
This project is approved subject to the condition that grading proposed as part of
any future Site Development Plan over the subject property shall be in substantial
conformance witb the grading approved through this tentative map.
This project is approved subject to the condition that those portions of Lots 4047,
48-50, and 64-88, which are located within Coastal Commission deed restricted
areas shall be required to be placed nnder an open space/non-building area
easement which shall prohibit encroachment for development in perpetuity. Any
future Site Development Plan processed for these lots shall be required to locate
project fencing outside of the deed restricted area.
The slope areas of Lots 4-17, 18-32, 5161, 68-74, 77-82, and 91-104 shall be
placed in non-building area easement and maintained in common by the Aviara
Master Association. Except for perimeter fencing, no walls, fences, or other
structures hall be allowed within the easement. The wording of the restrictions in the easement shall be submitted for the prior approval of the City of Carlsbad. A note to this effect shall be place on the Final Map.
Enaineerinn Conditions:
40. This project is located witbin the Mello I and East Batiquitos Local Coastal Plans.
All development design shall comply with the requirements of that plan.
41. Unless a standards variance has been issued, no variance from City Standards is
authorized by virtue of approval of this tentative map.
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The applicant shall comply with all the rules, regulations and design requirements
of the respective sewer and water agencies regarding services to the project.
The applicant shall be responsible for coordination with S.D.G.&E., Pacific Bell
Telephone, and Cable TV authorities.
If the applicant chooses to construct out of phase, the new phasing must be
reviewed and approved by the City Engineer and Planning Director,
The applicant shall provide an acceptable means for maintaining the private
easements within the subdivision and all the private: streets, sidewalks, street lights,
storm drain facilities and sewer facilities located therein and to distribute the costs
of such maintenance in an equitable manner among the owners of the properties
within the subdivision. Adequate provision of such maintenance shall be included
with the CC&R’s subject to the approval of the City Engineer prior to final map
approval.
A note to the effect of the following shall be placed on a separate sheet of the final
map. All improvements are private and are to be privately maintained with the
exception of the following:
A. The water main system within the private streets serving the fire hydrants.
A note shall be placed on the improvement plans stating which utilities are public
and which are private.
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
20.1211 O(a)(2) Carlsbad Municipal Code.
The applicant shall defend, indemnify and hold harmless the City and its agents
officers, and employees from any claim, action or proceeding against the City or its
agents, officers or employees to attach, set aside, void or null an approval of the
City, the Planning Commission or City Engineer which has been brought against the
City within the time period provided by Section 66499.37 of the Subdivision Map
Act.
Prior to approval of the final map, the owner shall enter into an agreement with the
City to pay any drainage area fees established as a result of the Master Drainage
Plan Update.
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The owner of the subject property shall execute a Hold Harmless Agreement regarding drainage across the adjacent property prior to approval of the final map
for this project.
The 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 only if the applicant has
executed a special Assessment District Pass-through Authorization Agreement. Said
Agreement contains provisions regarding notice to potential buyer of the amount of
the assessment and other 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 annlicant nrior to anv subdivision
of the land.
As required by state law, prior to the recordation of a final map over any of the
subject property, a segregation of assessments must be completed and recorded for
all subdivided lots. By applying for a segregation of assessments, the applicant
agrees to pay the fee to cover the costs associated with the segregation. A segregation is not required if the applicant pays off the assessment on the subject
property prior to the recordation of the final map. In the event a segregation of
assessments is not recorded and property is subdivided, the full amount of
assessment will appear on the tax bills of & new lot.
Based on a review of the proposed grading and the grading quantities shown on the
tentative map, a grading permit for this project is required. Prior to final map
approval, the applicant must submit and receive approval for grading plans in
accordance with City Codes and standards. Prior to issuance of a building permit
for the project, a grading permit shall be obtained and grading work shall be
completed in substantial conformance with the approved grading plans.
Prior to hauling dirt or construction materials to or from any proposed construction
site within this project, the applicant shall submit to and receive approval from the
City Engineer for the proposed haul route. The applicant shall comply with all
conditions and requirements the City Engineer may impose with regards to the
hauling operation.
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 permit as may be
required by the City Engineer.
The owner shall make an offer of dedication to the City for all public streets and
easements required by these conditions or shown on the tentative map. The 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.
Direct access rights for all lots abutting Batiquitos Drive shall be waived on the final
map.
The applicant shall comply with the requirements of the National Pollutant
Discharge Elimination System (NPDES) permit. The applicant shall provide best
management practices to reduce surface pollutants to an acceptable level prior to
discharge to sensitive areas. A Best Management Practices plan shall be approved
by the City Engineer prior to approval of the final map, issuance of grading or
building permit, whichever occurs first.
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 Applicant 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. the public water main system within the private streets
A note to this effect shall be placed on an additional map sheet on the final map per
the provisions of Sections 66434.2 of the Subdivision Map Act. tmprovements listed
above shall be constructed within 18 months of approval of the secured
improvement agreement or such other time as provided in said agreement.
The design of all private streets and drainage systems shall be approved by the City
Engineer prior to approval of the final map for this project. The structural section
of all private streets shall conform to City of Carlsbad Standards based on R-value
tests. All private streets and drainage systems shall be inspected by the City, and
the standard improvement plan check and inspection fees shall be paid prior to
approval of the final map for this project.
Prior to final map approval, the tract map for CT 89-37 must be recorded and the
mass grading for CT 89-37, Lot 9 shall be complete and finaled to the satisfaction
of the City Engineer.
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Concurrent with final map recordation, all lots with sight distance corridors shall
record a “Notice of Restriction on Real Property’ for restricting height of landscaping
and structures to 30” above the street. A note to this effect, stating the restriction
and the lot numbers affected, shall be placed on the final map and included in the
CaKRk.
Any encroac.bment through construction into deed restricted or undisturbed open
space for the purpose of grading will require an amendment to the tentative map
and approval of the California Coastal Commission. A note to this effect shall
appear on the final grading plan
Prior to the commencement of any grading activities, the developer shall fence off
the deed restricted and undisturbed open space to the satisfaction of the City
Engineer and the Planning Director. A note to this effect shall appear on the flnal
grading plans. The existing fencing on the Phase II Master Tentative Map conforms with this condition.
The entire subdivision shall be graded con current with the first phase/unit of the
development.
Concurrent with the first phase/unit of development, the main circulation loop of
Brome Terrace from Batiquitos Drive to Dunlin Place and Dunhn Place from Brome
Terrace to the Egret Lane entry to Batiquitos Drive shall be constructed to full
improvement requirements as shown on the tentative map to the satisfaction of the
City Engineer and Planning Director.
Fire Conditions:
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Additional onsite public water mains and fire hydrants are required.
Applicant shall submit a site plan to the Fire Department for approval, which depicts
location of required, proposed, and existing public water mains and fire hydrants.
The plan should include off-site fire hydrants within 200 feet of the project.
An all-weather unobstructed access road suitable for emergency service vehicles
shall be provided and maintained during construction. When, in the opinion of the
Fire Chief, the access road has become unserviceable due to inclement weather or
other reasons, he may, in the interest of public safety, require that construction
operations cease until the condition is corrected.
All required water mains, fire hydrants, and appurtenances shall be operational
before combustible building materials are located on the construction site.
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All security gate systems controlling vehicular access shall be equipped with a
‘Knox”, key-operated emergency entry device. Applicant shall contact the Fire
Prevention Bureau for specifications and approvals prior to installation.
Native vegetation which presents a fire hazard to structures shall be modified or
removed in accordance with the specifications contained in the City of Carlsbad
Landscape Guidelines Manual. Applicant shall submit a Fire Suppression plan to the
Fire Department for approval.
The applicant shall provide a street map which conforms to the following
requirements: A 400 scale photo-reduction mylar, depicting proposed improvements
and at least two existing intersections or streets. The map shall also clearly depict
street centerlines, hydrant locations and street names.
Carlsbad Municiml Water District:
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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 fire flow demands are met.
The developer’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.
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 for meter installation.
This project is approved upon the express condition that building permits will not
be issued for development of the subject property unless the water district serving
the development determines that adequate water and service is available at the time
of application for water service and will continue to be available until time of
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The Water District shall require the removal and quitclaiming of a portion of an
existing a&foot wide easement and water line located along the westerly property
line.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 20th day of May, 1992, by the
following vote, to wit:
AYES: Commissioners: Schlehuber, Schramm, Noble, Welshons,
Savary & Hall.
NOES: Chairperson Erwin.
ABSENT: None.
ABSTAIN: None.
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TOM ERWIN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
.
PLANNING DIRECTOR
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A PLANNED UNIT DEVELOPMENT PERMIT ON
PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF
BATIQUITOS DRIVE.
CASE NAME: AVTARA PLANNING AREA 30
CASE NO: PUD 91-6
WHEREAS, a verified application for certain property to wit:
Portions of Sections 27, 28, 33, and 34, 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 20th day of May, 1992,
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 Planned Unit Development.
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 PUD 91-6, based on the following findings and
subject to the following conditions:
Fidims:
1. Chapter 20.16.010 (Subdivisions) of the Carlsbad Municipal Code requires that
every lot front on a dedicated street unless otherwise authorized by Title 21
(Zoniq9;
2. Chapter 21.45.090(i) allows private streets in Planned Unit Developments;
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3. The proposed project is for a gated community, thus requiring private streets;
4. This PUD is for purposes of creating and maintaining private streets &;
5. The residential lots proposed by this project will be developed to R-l standards as
specified in the Aviara Master Plan (MP 177) rather than to the PUD standards;
Conditions:
1. Approval of PUD 91-2 is granted subject to the approval of CT 90-30, Planning
Commission Resolution No. 3396.
2. Approval of PUD 91-2 is granted subject to all conditions of CT 90-30, Planning
Commission Resolution No. 3396, incorporated herein by reference and on file in
the Planning Department.
Commission of the City of Carlsbad, California, held on the 20th day of May, 1992, by the
following vote, to wit:
AYES: Commissioners: Schlehuber, Schramm, Noble, Welshons,
Savary & Hall.
NOES: Chairperson Erwin.
ABSENT: None.
ABSTAIN: None.
9--6-k<_, l
TOM ERWIN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
\
-l4Ad&. 1 *uu&L, / ~
MICHAEL J. H&ZMILtiR
PLANNING DIRECTOR
PC RESO NO. 3397 -2-
APPLIC -ION COMPLETE DATE:
JANUARY 22. 1992
DATE:
TO:
FROM:
SUBJECT:
1.
STAFF REPORT
MAY 20, 1992
PLANNING COMMISStON
PLANNING DEPARTMENT
CT 90-30/PUD 91-6 - AVIARA PLANNING AREA 30 - Request for a Tentative
Tract Map and a Planned Unit Development for 101 single family residential
lots (minimum 7,500 square feet) and 2 open space lots with gates and
private streets on a 54.9 acre site located south of Batiquitos Drive, in Local
Facilities Management Zone 19.
RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 3395
APPROVING The Negative Declaration issued by the Planning Director and ADOPT
Planning Commission Resolution No. 3396 and No. 3397 recommending APPROVAL of CT
90-30 and PUD 91-6, based on the findings and subject to the conditions contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
This application is for a Tentative Tract Map and Planned Unit Development for 101 single
family residential lots (minimum 7,500 square feet) and 2 open space lots in Planning area
30 of the Aviara Master Plan. Planning Area 30 is located on the south side of Batiquitos Drive between Aviara Drive and I-S, and contains 54.9 acres. The site has a combination
General Plan Designation of RLM/RM/OS/RC/N and is zoned PC. The Aviara Master Plan
allows a maximum of 105 dwelling units on this planning area (1.82 du/ac). The proposal
includes 101 units (1.82 du/ac). The property is located within the Coastal Zone (Mello
I/East Batiquitos) and will require a Coastal Development Permit. The project is proposed
as a three-phase development.
Because the applicant is proposing a gated community, and thus private streets, a PUD is
required. The streets in the project will be developed to public street standards, but will
be private streets maintained by the homeowners association.
Because of the noise impacts to the site from the nearby freeway, noise mitigation is
required for the lots along the western perimeter of the project. However, this site is also
a highly visible site on a hilltop. Therefore, the applicant is proposing alternative external
noise mitigation as discussed below.
The project also includes two open space lots (Lots 63 and 106). These lots include the
deed restricted coastal resource areas.
.
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CT 90-30/PUD 91-6 - At __ J\A PLANNING ABEA 30
t MAY 20, 1992
III. ANALYSIS
Planning Issues
1. Does the proposed Tentative Tract Map comply with all requirements of Title 20
(Subdivisions), Title 21 (Zoning) and the Aviara Master Plan?
2. Is the proposed Tentative Tract Map consistent with the approved Master Tentative
Map (CT 89-37) for the Aviara Master Plan Phase II?
3. Is the proposed Tentative Tract Map in compliance with the East Batiquitos/Hunt
Local Coastal Program?
4. Is the proposed Tentative Tract Map consistent with the Zone 19 Local Facilities
Management Plan?
5. Does the proposed project comply with the requirements of the Planned Unit
Development Ordinance?
DISCUSSION
The proposed Tentative Map does comply with all requirements of Title 20 (Subdivisions)
Title 21 (Zoning) and the Aviara Master Plan. Each Lot contains a minimum of 7,500
square feet. The perimeter lots are mostly flat with almost no slope areas contained within
the lot lines. Some internal lots do contain slope areas, and these slopes are covered by
Condition No. 37 for non-building areas. Minimum lot width is 60 feet, except where
reduction is allowed for cul-de-sac lots. Each lot also has a minimum depth of 90 feet, and
a depth to width ratio no greater than 3:l.
The project is consistent with the approved Aviara Phase II Master Tentative Map and with
the grading plan. The grading proposed for this project is 46,700 cubic yards of cut and
of fill. The grading is balanced on site.
The proposed map is in compliance with all policies of the Mello I/East Batiquitos Local
Coastal Program through mitigation required by the Aviara Master Plan. A portion of the
planning area was placed into deed restricted open space as mitigation. The proposed tract
map does not encroach into that open space.
The proposed map is consistent with the Zone 19 Local Facilities Management Plan. All
facilities and services necessary will be available to serve the project.
The proposed project requires a PUD because it is a gated community and thus involves
the creation and maintenance of private streets. Two gated entrances/exits are proposed.
The first is a fully automatic gate at Brome Terrace. The second is at Egret Lane. The
Egret Lane gate plan shows an optional guardhouse. In all other respects the lots will be
: CT 90-30/PUD 91-6 - AVlnRA PLANNING AREA 30
'MAY20,1992
PAGE 3
developed to R-l standards as specified in the Aviara Master Plan. Therefore, the PUD
standards would not be applied.
The City’s Noise Policy (Policy #17) establishes a maximum exterior noise level of 60
CNEL. The City does not have a noise ordinance. (An Ordinance is binding, while a policy
allows flexibility.) The Noise Study for the project indicates that, in order to meet the 60
CNEL level, the proposed project will require a noise barrier of eight to nine feet in height.
That barrier would consist of two to three feet of berm topped by a six foot fence (two feet
of masonry stucco and four feet of tempered glass). The applicant is proposing that a
maximum of 65 CNEL of exterior noise be allowed. At that level, a noise barrier totaling
six feet in height would be necessary. By reducing the total barrier height necessary, the
developer could eliminate the 2-3 feet of berming currently necessary to limit the wall
height to 6 feet. Bern&g of 2-3 feet in height would, of necessity, encroach into the lots
and the slope areas to a total of approximately 12-14 feet. This would reduce the rear
yards of the lots and would be visible from offsite. If the Planning Commission and City
Council wish to approve the applicant’s alternative proposal (65 dBA CNEL), they must
make the finding that there are specifically identified overriding social and economic
considerations which warrant approval of the development even though it does not meet
the noise standard. Staff supports the applicant’s alternative for aesthetic reasons.
Therefore, the Resolution which accompanies this staff report (Resolution #3396) includes
the findings and conditions necessary to recommend approval of this alternative proposal.
Should the Commission wish to adhere strictly to the 60 dBA CNEL policy, minor deletions
from the Resolution can be made to accommodate that option.
The project must comply with the interior noise level standards of Policy #17 (45 CNEL),
which is achieved by construction techniques in any event. Thus the standard for internal
noise levels is not affected by the height of the noise wall.
Iv. ENvIRoNMENTALREvIEw
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 December 12,
1991. The environmental analysis concludes that, because (1) the project site has already
been reviewed with the Aviara Master Plan EIR (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 resource
areas, no environmental impacts are anticipated.
-
CT90-30/PUD 91-6 -AL .RAPLeANNING AREA30
, MAY20,1992
PAGE4
ATTACHMENTS
1.
2.
3.
4.
5.
6.
7.
8.
Planning Commission Resolution No. 3395
Planning Commission Resolution No. 3396
Planning Commission Resolution No. 3397
Location Map
Background Data Sheet
Disclosure Statement
Local Facilities Impacts Assessment Form
Exhibits “A” - “N”, dated May 20, 1992.
-
April 21, 1992
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I AVIARA PLANNING AREA 30 I CT 90=3O/PUD 91-6 I
BACKGROUND DATA SHEET
CASE NO: CT 90-30/PUD 91-6 I .
CASE NAME: AVIARA PLANNING AREA 30
APPLICANT: AVIARA LAND ASSOCIATES
REQUEST AND LOCATION: Tentative Tract Man for 101 single family residential lots
and 2 onen snace lots on 54.9 acre site on the south side of Batiauitos Drive.
LEGAL DESCRIPTION: Portions of Sections 27. 28. 33 and 34, TOWIIS~~D 12 south,
range 4 west, San Bernardino Meridian. in the Citv of Carlsbad, Countv of San Dieno.
APN: 215-150-18.214-170-51 Acres 56.3 Proposed No. of Lots/Units 103 Lots/l01 Units
(Assessor’s Parcel Number)
GENERAL PLAN AND ZONING
Land Use Designation RLM/RM/OC/RC/N
Density Allowed 1.82 Density Proposed 1.82
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 UNDEVELOPED
North PC UNDEVELOPED
south PC UNDEVELOPED
East PC UNDEVELOPED
West PC UNDEVELOPED
PUBLIC FACILITIES
School District CARLSBAD Water District CARLSBAD Sewer District CARLSBAD
Equivalent Dwelling Units (Sewer Capacity) 101
Public Facilities Fee Agreement, dated OCTOBER 26. 1990
ENVIRONMENTAL IMPACT ASSESSMENT
x Negative Declaration, issued DECEMBER 12. 1991
- Certified Environmental Impact Report, dated
Other, EB:lh
City of Carlsbad
DISCLOSURE STATEMENT
APPIJCANTS STATEMENT OF OISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON AU APPIJCA~ONS
WHICH WIU REQUIRE OISCXL3lONARY ACTlON ON THE PART OF THE CrrY COUNCIL OR ANY APPO[NTE~ 8OARO. COMMISSION OR COMMiTlEE.
(Please Print)
The following information must be disclosed:
List the names and addresses of all persons having a financial interest in the application. . . al-a Accnri atpc .l.imi ted Partnership 2011 Palomar A-t Roe 206 Carlsb& CA 92009 ,
2. - her
List the names and addresses of all persons having any ownership interest in the property involved. Aviara Land Associates Limited Partnership
e 206 Carlsu 43.nnQ
3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names
addresses of all individuals owning more than 10% of the shares in the corporation or owning any partne
interest in the partnership. Aviara Land Company Republic Development co.
4w -or+ rat- nriye, uo4 NewDort Beach- CA 92660-7640
4. If any person identified pursuant to (1) or (2) above is a non-profit organitation or a trust, list the names
addresses of any person serving as officer or director of the non-profti organitation or as trustee or benefi
of the trust.
Disclosure Statemeclt Page 2
5. Have you had more than 5250 worth of business transacted with any member of City staff, BGZ
Commissions, Committees and Council within the past twelve months?
Yes - No L tf yes, please indicate person(s)
Person is defined as: ‘Any individual. firm, copartnership, joint venture, association. social club. fraternal
organization, corporation. estate, tNSt receiver, syndicate, this and any other county, city and county. ciq
L municipality, district or other political subdivision, of any other group or combination acting as a unit:
(NOTe: ARfl additional pages as necessary.)
\ I
Signature owner/date
D. L. Clemens
Print or type name of owner
SignatUre ~plicantldate
,
D. L. Clemens
Print or type name of applicant
.
CITY OF -BAD
GROWTH MANAGFMFNT PROGRAM
LOCAL FACILlTES IMPACTS ASSESSMENT FORM
(To be Submitted with Development Application)
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: CT 90-30/PUD 91-6 - AVIARA PLANNING AREA 30
LOCAL FACILITY MANAGEMENT ZONE:= GENERAL PLAN: RLM/RM/OC/RC/N ZONING: PC
DEVELOPER’S NAME: AVIARA LAND ASSOCIATES
ADDRESS: 2011 PALOMAR AIRPORT ROAD, SUITE 206. CARLSBAD. CA 92009
PHONE NO.: (619) 931-1190 ASSESSOR’S PARCEL NO.: 215-150-18. 214-170-51
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 54.9
ESTIMATED COMPLETION DATE:
City Adnumstratrve Facrhtres: Demand m Square Footage = 351.15 SF
Library: Demand in Square Footage = 187.29 SF
Wastewater Treatment Capacity (Calculate with J. Sewer)
Park: Demand in Acreage = .71 ACRE
Drainage: Demand in CFS = N/A
tdentify Drainage Basin = N/A
(Identify master plan facilities on site plan)
Circulation: Demand in ADTs = 1010
(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 - 101
Identify Sub Basin - 19A
(Identify trunk line(s) impacted on site plan)
Water: Demand in GPD - 22.220
The project is units below the Growth Management Dwelling unit allowance.EB”h
MINUTES
May 20, 1992 PLANNING COMMISSION Page 12
require trees along that property line because the elope '6 controlled by the homeowner at the bottom of the slope.
/
They can plant whatever they want along that property line.
Commissioner Schramm inquired if rhe applicant cou a wrought iron fence to keep in the pets and yet p
view6. Mr. Mucci could accept that condition.
Frank Dixon, 3112 Levante, Carlsbad, addressed Commission
and stated that he appreciates the Q overlay i he area. He
would like to see trees along the back of the with the wrought iron fence, benause the hei difference
between the two is considerable. He does n understand
about the two pad elevations being at diff
Mr. Mucci returned to the podium and r d that there will
be a retaining wall between two of the In addition,
one of the driveways will be sloped.
Commissioner Welshons inquired ffle board was selected
for the recreation activity. i replied that this
seemed to be a quiet activity eemed to fit best
within the area available. T e pucks would be
provided and stored by the ho association.
There being no other iring to address the Commission on this to hairman Noble declared the
public testimony clos ed the item for discussion
among the Commission
Jeff Gibson, Associate replied that the landscape plan shows trees plante ng the northern property line.
Commissioner Hall J sta ed that if he was the owner down below,
he would want to select his own species of tree so that he
the project with the
addition of concrete wall around the
of open fence after that
to retain pet Commissioners Schramm and Noble agree.
Commissione but she do 5f
Welshons concurs with the other Commissioners s not like the selection of shuffle board as a
recreational activity. She does not think it will be used much. /
/ Moti.on,was duly made, seconded, and carried to adopt
Plann ng Commission Resolution No. 3384, approving the k Nega ive Declaration issued by the Planning Director, and ad
B
t Planning Commission Resolution Nos. 3385, 3386, and
3 7 approving CT 91-10, CP 91-8, and SDP 92-2 based on findings and subject to the conditions contained therein,
ith the addition of a wraparound wall and some other type of fence to retain pets.
Chairman Erwin returned to the Council Chambers.
4) CT 90-30/PUD 91-6 - AVIANA PLANNING AREA 30 - Request
for a Tentative Tract Map and a Planned Unit Development for 101 single family residential lots (minimum 7,500 8.f.) and 2 open space lots with gates and private
streets on a 54.9 acre site located south of Batiquitos Drive, in Local Facilities Management Zone 19.
Erwin
Hall Noble Savary Schlehuber Schranuu
Welshone
MINUTES
May 20, 1992 PLANNING COMMISSION Page 13
Elaine Blackburn, Associate Planner, reviewed the background
of the request and stated that this application is for a Tentative Tract Map and Planned Unit Development fcr Aviara
Planning Area 30. The project provides two open space lots and 101 single family lots. Because the applicant has proposed gates at the subdivision entry areas, thereby
creating private streets, a PUD is required. However, the
lots will be developed to R-l standards a6 specified in the Rviara Master Plan. The western portion of this site is
subject to noise impacts from the nearby freeway and therefore requires noise mitigation. As discussed in the
staff report, staff has reviewed two proposals for the noise
mitigation. The first is for a 8-9' high noise barrier which would provide strict adherence to the City's noise policy
maximum noise level of 60 dBA CNEL. The second is for a 6' high barrier which would mitigate noise to 65 dBA CNEL.
Because the 60 dBA CNEL is a policy, rather than an ordinance, the Commission and Council have flexibility in
this matter.
The project is consistent with the General Plan, Mello I, and East Batiguitos LCP's, subdivision and zoning regulations,
and the Aviara Master Plan. Staff, therefore, recommends
approval, with the corrections set forth in staff memo dated
May 20, 1992 and revised wording on Finding X16 as follows:
"This project will result in noise levels of between 60 and 65 dBA CNEL. Therefore, pursuant to Planning
Department Policy No. 17, the project is being approved with higher than 60 dBA CNBL noise levels because of the prominence of the site and the appearance of the noise
barrier necessary to mitigate noise levels to 60 dBA CNEL." 1
Chairman Erwin opened the public testimony and issued the invitation to speak.
Paul Klukas, Planner for Aviara, 2011 Palomar Airport Road, Suite 206, Carlsbad, addressed the Commission and stated that
he concurs with the staff recommendation and the conditions which have been suggested. As regards the noise situation,
he stated that Planning Area 30 ie only one of two areas in Aviara which is in the direct viewshed of I-5, the source of
the noise. In most other cases, the noise could be attributed to Alga Road or some other area behind the
viewshed so a solid block wall was able to be used without a problem. In this case, however, views need to be conserved
at the same time that noise needs to be contained. In order to avoid a 9' block wall which would be unsightly from I-5,
Aviara is proposing a 2' stucco wall with 4' of glass above it. Although it only reduces the noise level to 65 dBA CNEL,
it will preserve the view from I-5 as well as maintain the view for the homeowner without a significant noise problem.
Commissioner Hall inquired if the potential homeowners will be informed of the noise problem. Mt. Klukas replied that
Aviara has an obligation to notify the buyers and will do so with disclosures on the deeds.
Commissioner Welshons inquired if there will be a condition to require notification.
Elaine Blackburn read a new noise condition which could be added:
MINUTE6
May 20, 1992 PLANNING COMMISSION Page 14
"Pursuant to Planning Department Administrative Policy X17 (Noise), all purchasers of impacted property (i.e.,
Lots 39-47 and 48-79) shall be notified prior to purchase, and by deed disclosure in writing, that the
property they are purchasing is noise impacted and does not meet current Carlsbad noise standards (60 dBA CNEL)
fat residential property. A Notice to this effect shall
appear on the Final Map."
Commissioner Welshons requested Mr. Klukas to point out the lots which will be affected. Mr. Klukas showed on the map which lots would have the proposed stucco/glass wall and
stated that it is only proposed where there will be a noise problem.
Commissioner Welshons inquired if Mr. Klukas would consider putting glass around the entire boundary. lie declined, saying it doesn't look as nice and would prefer to have some
type of wrought iron where noise isn't a problem.
Mr. Green replied that the Commission will have another opportunity to look at the wall in detail when the SDP comes
in.
Commissioner Hall inquired if Mr. Klukas has considered glare
from the glass. He replied that he will research the best type of glass to use as the project gets closer.
Chairman Erwin inquired if the homes on the perimeter will be
single story or two-story. Mr. Klukas replied that 15% of
the project will be single story. Mr. Erwin is concerned about looking at a mass of two-story homes, not to mention
the fact that even with the glass enclosure the second story will hit 80 dBA CNEL because it has no protection.
Chairman Erwin inquired if Aviara would consider making all
of the homes along the perimeter single story. Mr. Klukas replied that they would prefer to comply with the Master
Plan. This area was originally going to contain three-story multi-family units and it has already been reduced to
two-story.
Don Conners, 921 Begonia Court, Carlsbad, addressed the Commission and stated that his home backs up to the top of
the hill in Area 30. He is concerned about the view he will have 24 hours a day. In comparison, the I-5 view will be
insignificant. He stated that those property owners who live adjacent to the project will look at those new homes 24 hours a day. He fought against the Sammis fiasco west of I-5, to no avail. He hopes we don't do the same thing here. He feels the project needs to be softened so it is not as stark
as the Sammis project.
Commissioner Hall is more concerned about the wall than the landscape. He thinks it will look like a ribbon surrounding the homes. He is very concerned about the two-story homes along the edge of the rim. He thinks the perimeter should be one-story and graduate up to two-story.
Cindy Ward, 937 Begonia Court, Carlsbad, addreseed the
Commission and stated that the Sea Cliff development has a 6' masonry block wall which is not intrusive because it is brown and is well landscaped. The wall would be better than a solid row of home. She would rather see a block wall than glass.
MINUTE3
May 20, 1992 PLANNING COMMISSION Paoe 15 -a ~~ COMMISSIONERS F
?aul Klukas, Aviara, returned to the podium and stated that
every time he comes to a public hearing it is like reinventing the wheel. He feels the Commission should give
some consideration to the fact that the homes will be on
Large l/2 acre lots. When the SDP comes in, the placement of
:he homes could be adjusted because there is room to work with. He assured the Commission that there would be plenty >f landscaping.
Zommissioner Noble inquired as to who would have the job of -leaning the glass. Mr. Klukas replied that it would be the
responsibility of the homeowner's association.
:ommissioner Schlehuber inquired if the homes would meet the inside CNEL requirement. Mr. Klukas stated that the homes vould be enclosed for air conditioning and they would meet
the requirement.
Zommissioner schramm noted that the map shows 104 units and the staff report states 101 units. Elaine Blackburn replied -hat there are some open space lots on the map but there will
xly be 101 homes built. Also, the homes that will be able co be seen from I-5 will have height variations to eliminate
:he solid mass effect.
Commissioner Schranun would like to see one-story homes at 20% rather than 15%. Mr. Klukas did not feel they could make
that adjustment. He stated there will be 15% overall and
chat is the best they can do.
Phere being no other persons desiring to address the
Commission on this topic, Chairman Erwin declared the public testimony closed and opened the item for discussion among the
Commission members.
Commissioner Schlehuber can accept a 6' wall as proposed.
Commissioner Schramm can also accept a 6' wall since the project will be set back quite a ways from the freeway.
Commissioner Noble agrees, although he hae a problem with the reflection from glass and keeping it clean.
Commissioner Savary is concerned about allowing the higher
noise level because it is detrimental to health. She is
reluctant but will not be unreasonable. She will support it.
Commissioner Welshons can accept the 6' wall and the condition as read by staff.
Commissioner Hall stated that if he had his way, he would prefer no wall.
Chairman Erwin stated that the only way he could support it is if the homes along the edge were one-story.
Motion was duly made, seconded, and carried to adopt
Planning Commission Resolution No. 3395 approving the Negative Declaration issued by the Planning Director and
adopt Planning Commission Resolution Nos. 3396 and 3397 recommending approval of CT 90-30 and PDD 91-6, based on
the findings and subject to the conditions contained therein, including the changes stipulated by staff memo dated May 20, 1992, the added condition regarding noise as read into the record by staff, and the revision to Finding #16 as read into the record by staff.
Erwin
Hall Noble Savary
Schlehuber Schranun Welshons
Decreed A Legal Newspaper by the Superior Court of San Diego County
Mail all correspondence regarding public notice advertising to
W.C.C.N. Inc. P.O. Box 230878, Encinitas, CA 92023-0878 (619) 753-6543
Proof of Publication
STATE OF CALIFORNIA, ss.
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitled matter.
I am principal clerk of the printer of the Carlsbad Journal, a newspaper of general circulation,
published weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper
is published for the dissemination of IocaI news and intelhgence of a genera1 character, and which
newspaper at alI times herein mentioned had and still has a bona fide subscription list of paying
subscribers, and which newspaper has been established, printed and published at regular intervals in the
said City of Oceanside, County of San Diego, State of California, for a period exceeding one year next
preceding the date of publication of the
NOTICE OF oartIeularl~ described as: notice hereinafter referred to; and that the
PUBLIC HEARING - POrtions bf Se&On 27.28.33, and
CT SO-WUD 01-S - 34. Township 12 South, Range 4
: Ah4RA PLANNING AREA 30 West, San Bernardino Meridian. in the City of Carlsbad, County of San ;
NOTICE IS HEREBY GIVENthat the City Council of the City of Carl- sbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlabad. California, at 6:OO P.M., on Tuesday, July 21. 1982, to consider an ap : plication for a Tentative Tract Map and Planned Unit Development for 1 101 single family residential lots ’ (minimum 7,300 square feet) and 2 open space lots with gates and pri- ’ vste streets on a 55.3 acre site on properly generally located south of Batiquitos Drive, in Aviara Plan- ning Area 30, and in Local Facili- ties Management Zone 19, and more
Diego. Ifyou have any que&ons regard- ing this matter. please call Elaine Blackburn in the Planning Depart- ment, at 6381161. ext. 4471. If you challenge the Tentetlve Tract Map and/or Planned Unit Do- velopment in court, you m*y be li- mited to raising only those issuea raisedbyyouorsomeoneelseatthe public hearing described in this notice, or in written correspond- ence delivered to the City of Carl- sbad City Clerk’s Omee at or prior to the public hearing. Applicant: Aviara Land Aaaociates CARLSBAD CITY COUNCIL
- i
hi7 d ow
AVIARA PlAHIJd AREA 30 CT wo/Ful sl4
CJ aI24 July 8.1892
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:
July 09 1992
19-
19 ---
19-
19-
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 the 9th
day of July 1992
L Clerk of the Printer
_----.-. - _,._ --~
NOTICE OF PUBLIC HEARING
CT 90-30/PUD 91-6 - AVIARA PLANNING AREA 30
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, July 21, 1992, to consider an
application for a Tentative Tract Map and Planned Unit Development for 101 single family residential lots (minimum 7,500 square feet) and 2 open space lots with gates and private streets on a 55.3 acre site on property generally located south of Batiquitos Drive, in Aviara Planning Area 30, and in Local Facilities
Management Zone 19, and more particularly described as:
‘-* Portions of Section 27, 28, 33, and 34, 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 Elaine Blackburn in the Planning Department, at 438-1161, ext. 4471.
If you challenge the Tentative Tract Map and/or Planned Unit Development 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: July 9, 1992
CARLSBAD CITY COUNCIL
. ,
.
Aviara Land Associates ZOll'Palomar Airport Rd. Suite 206 Carlsbad, CA 92009
California State Coastal Conservancy 1330 Broadway, St. 1100 Oakland, CA 94612
Companies Odmark 4 Thelan G Davidson
3200 4th Ave., #lOl San Diego, CA 92103
John T. Kosko 919 Begonia Ct
'1' K 4 Maralind Johnson 927 Begonia Ct Carlsbad CA 92009
William E Clauder 929 Begonia Ct Carlsbad CA 92009
Glenn A G Patricia Gibbons 931 Begonia Ct Carlsbad CA 92009
Preston M $ Mary Isbell 935 Begonia Ct Carlsbad CA 92009 Carlsbad CA 92009
j Donald $ Shirley Harpold 934 Begonia Ct Carlsbad CA 92009
Patrick H Cox 932 Begonia Ct Carlsbad CA 92009
Sherri J Chamberlin 930 Begonia Ct Carlsbad CA 92009
William R 4 Pearl Holmes 928 Begonia Ct Carlsbad CA 92009
Donald 0 4 Alice Connors 921 Begonia Ct Thomas R 6 Cynthia Ward John F G L Pause
Carlsbad CA 937 Begonia Ct 92009 Carlsbad CA 7305 Lily Pl 92009 Carlsbad CA 92009
Raymond R woo 923 Begonia Ct Carlsbad CA 92009
Mark A Cargo 939 Begonia Ct Carlsbad CA 92009
Dominique J 4 Janis Zihla 7307 Lily Pl Carlsbad CA 92009
David $ Kathryn Alberstein Stuart G Roth 925 Begonia Ct Carlsbad 941 Begonia Ct CA 92009 Carlsbad CA 92009
Roger L Fitzwilson 2726 Shelter Island Dr
#223 San Diego CA 92106
William H $ Ann Gaw Gerald L 6 Prances PetersLlr Leroy T Patterson
731l*Liily Pl 7312 Lily Pl 1015 Iris Ct
Carlsbad CA 92009 Carlsbad CA 92009 Carlsbad CA 92009
Michael W 8 Joanne Burns Family Kocontes 7315 Lily Pl 1027 Daisy Ave Carlsbad CA 92009 Carlsbad CA 92009
John R 4 Christina Faire: 1017 Iris Ct Carlsbad CA 92009
Arthur C 8 Eileen Beard 7317 Lily Pl John B 6 Lauren McBride Robert $ Deborah Bass
Carlsbad CA 92009 1029 Daisy Ave 1019 Iris, Ct Carlsbad CA 92009 Carlsbad CA 92009
Family Sutton 7319 Lily Pl Carlsbad CA 92009
George D $ Joan Wilson 1031 Daisy Ave Carlsbad CA 92009
Ronald J, 6 Karen Rewoldt 2721 Vancouver St Carlsbad CA 92088
Helmut $ Kathe Schlassa 7318 Lily Pl Robert A Shedd
Carlsbad CA 92009 P 0 Box 1581 Mammoth Lakes CA- 93546
Casimir J Domaszewicz P 0 Box 2200 Carlsbad CA 92018
Dallas $ Kathleen Smith 1011 Iris Ct Carlsbad CA 92009
Stanley E 6 Janet Wichowski 7314 Lily Pl Taylor R G Virginia Clawson
Carlsbad CA' 92009 1013 Iris Ct Carlsbad CA 92009
NOTICE OF PUBLIC HEARING
c
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold
a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad,
California, at 6:OO p.m. on Wednesday, May 20,1992, to consider approval of a Tentative
Tract Map and a Planned Unit Development for 101 single family residential lots (minimum
7,500 square feet) and 2 open space lots with gates and private streets on a 55.3 acre site
on property generally located south of Batiquitos Drive, in Local Facilities Management
Zone 19 and more particularly described as:
Portions of Sections 27, 28, 33, and 34, 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 May 13, 1992. If you
have any questions, please call Elaine Blackburn in the Planning Department at 438-l 161,
ext. 4471.
If you challenge the Tentative Tract Map/Planned Unit Development 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 90-30/PUD 91-6
CASE NAME: AVIARA PLANNING AREA 30
PUBLISH: MAY 7, 1992
L
. -
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(Form A)
TO: CITY CLERK’S OFFICE
FROM: PLANNING DEPARTMENT
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notice
CT 90-30/PUD 91-6 - AVIARA PLANNING ARFA 30
for a public hearing before the City Council. t
Please notice the item for the council meeting of &i
Thank you.
MARTY ORENYAK
Assistant City Manager