HomeMy WebLinkAbout1992-08-18; City Council; 11852; Aviara Planning Area 28\B # //.
ATG. 8118192
IEPT. PLN
CIT\ JF CARLSBAD - AGENL- BILL q 9
TITLE: AVIARA PLANNING AREA 28
(CT 90031/PUD 91-4) CITY MGRw&
IECOMMENDED ACTION:
If the City Council concurs, the Planning Commission and staff are recommending that
the City Council direct the City Attorney to prepare documents APPROVING the
Negative Declaration issued by the Planning Director and CT 90-3l/PUD 91-4
ITEM EXPLANATION
On June 17,1992, the Planning Commission conducted a public hearing and approved
without modification (5-1, Savary) the Aviara Planning Area 28 single family home
project, which is located on the northern shore of Batiquitos Lagoon, south of Batiquitos
Drive. The project consists of 61 single family residential lots, minimum 10,000 square
feet in area, 2 open space lots, and a private street lot. The 44.1 acre site is located
within Phase II of the Aviara master plan and is currently graded in accordance with the
Phase II Master Tentative Tract Map (CT 89-37).
The residential site is within 2,000 feet of the Interstate 5 right-of-way, and is therefore
subject to the City’s Administrative Noise Policy No. 17. The City’s noise policy allows
exterior noise levels up to 60 CNEL. However, if the decision making body can make
findings of overriding considerations, exterior noise levels up to 65 CNEL maximum can
be allowed. In recommending approval, the Planning Commission found overriding
considerations, based upon the views from the freeway. The lowering of the necessary
sound wall would lessen the freeway visibility of the wall. The resulting exterior noise
levels would remain below the 65 CNEL maximum allowed by Policy No. 17. All interior
noise levels would be required to be below 45 CNEL.
No significant issues were identified with the project and all required development
standards and design criteria have been met. The attached staff report gives specific
details regarding the Tentative Tract Map and Planned Unit Development Permit.
ENVIRONMENTAL REVIEW
On June 17, 1992, the Planning Commission voted to recommend approval of the
Negative Declaration issued by the Planning Director on June 20, 1991, based upon the
findings of no significant adverse environmental impacts as contained in the
Environmental Impact Assessment.
FISCAL IMPACT
As discussed in the Local Facilities Management Plan for Zone 19, all required
improvements are to be funded by development, therefore no fiscal impacts to the City
will result from this 64 Lot single family Tentative Tract Map and Planned Unit
Development Permit.
PAGE 2 OF AGENDA BILL NO. //Ik$&
Facilities Zone 19
Facility/Service Deficiency None
Growth Control Point 1.47
Net Density 1.39
Special Facility Fee 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 4
dwelling units below the growth control point.
EXHIBITS
1. Location Map
2. Planning Commission Resolution No’s. 3409, 3410 and 3411
3. Planning Commission Staff Report, dated June 17, 1992
4. Excerpts of Planning Commission Minutes, dated June 17, 1992
: : : * l l l l
f
8** ~nnnnnnnnn-
I:
:
:
:
:
% ~nnnnnnnnn~ l . : : z 3 l
* lrrnk
J
-f
ii!i a
city of bl&d
AVIARA PLANNING AREA 28 CT 90-311 PUD 91-4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLANNING COMMISSION RESOLUTION NO. 3409
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA RECOMMENDING
APPROVAL OF A NEGATIVE DECLARATION FOR A
TENTATIVE TRACT MAP AND PLANNED UNIT
DEVELOPMENT TO CREATE A 65 LOT, 61 UNIT SINGLE
FAMILY RESIDENTIAL SUBDMSION ON PROPERTY
GENERALLY LOCATED SOUTH OF BATIQUITOS DRIVE
BETWEEN KESTRAL DRIVE AND AVIARA DRIVE.
CASE NAME: AVIARA PLANNING AREA 28
CASE NO: CT 90-31/PUD 91-4
WHEREAS, the Planning Commission did on the 17th day of June, 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 IT HEREBY RESOLVED by the Planning Commission
as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission hereby recommends APPROVAL of the Negative Declaration according
to Exhibit “ND”, dated June 20, 1991, and “PII”, dated June 14, 1991, attached I hereto and made a part hereof, based on the following findings:
~ Fhw
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 environmental analysis conducted for Aviara Master Tentative Map (CT 89-37).
3. The streets are adequate in size to handle traffic generated by the proposed
project.
- .I
4: The project will presewe in open space the previously deed rest&ted and coastal
habitat areas.
5. The proposed project site has already been reviewed under the Master Plan EIR
83-2(A) and the Mitigated Negative Declaration for the Aviara Phase II Master
Tentative Map (Cr 89-37) and, as designed, the project implements all
recommended mitigation measures of said EIR 83-2(A) and the Mitigated Negative
Declaration for CX 89-37.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 17th day of June, 1992, by
the following vote, to wit:
AYES: Vice-Chairperson Noble, Commissioners: Schlehuber,
Schramm, Welshons & Hall.
NOES: Commissioner Savary.
ABSENT: Chairperson Erwin.
ABSTAIN: None.
ATTEST:
MICHAEL J~OLZ%ULLER
PLANNING DIRECTOR
PC RESO NO. 3409
CARLSBAD P
-2-
GATTW DECIARATION
PROJECT ADDRESS/LOCATION: The 44.1 acre project sire is located south of Batiquitos
Drive and west of Aviara Drive.
PROJECT DESCRIPTION: Tentative Tract Map to create 61 minimum 10,000 square foot
single family residential lots and one open space lot.
The City of Carlsbad has conducted an environmental review of the above described project
pursuant to the Guidelines for Implementation of rhe California Environmental Quality Act
and the Environmental Protection Ordinance of the City of Carisbad. As a result of said
review, a Negative Declaration (declaration chat the project will not have a significant
impacr 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 Paimas Drive, Carlsbad, California 92009. Comments from the
public are invited. Please submit comments in writing to the Planning Deparrmenc within
30 days of date of issuance. tf you have any questions, please Chris DeCerbo in the
Planning Department at 438-1161, extension 4445.
DATED: JUNE 20,199l
CASE NO: CT 90-31
APPLICANT: AVURA PA 20
PUBLISH DATE: JUNE 20,1991 .
z
BACKGROUND
EhMRO t[MpAcT-PARTU
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO. CT 90-31
DATE: June 14. 1991
1. CASE NAME: Aviara ?A 28
2. APPLICANT: Aviara Land Associates Limited Parrnershio
3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2011 Palomar Airport Road. Suite 206
Carlsbad. CA 92009
4. DATE EIA FORM PART 1 SUBMITTED: October 24. 1990
5. PROJECT DESCRIPTION: Tentative ction of
51 sinnle familv. detached residential units.
ENVIRONMFNTAL tMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires chat the City conduct an
Environmenral Impact Assessment co 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 chat might be impacted by the proposed project and
provides the City with information co use as the basis for deciding whether co prepare an Environmental
Impact Report or Negative Declaration.
* A Negative Declaration may be prepared if the City perceives no substantial evidence chat 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.
l hn EIR must be prepared if the City determines chat there is substantial evidence chat 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 chat environmental effects can be deemed in ’ slrmificanft. These lindings are shown in the checklist under the headings ‘YES-sig” and ‘YES-insip” respectively.
A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under
r. Particular attention should be given to discussing
mitigation for impacts which would otherwise be determined significant.
-
PHYSICAL ENVIRONMENT
WILL THE PROPOSAL DtRECI’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 sire?
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 subscanciai 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 signilicant af&ological,
paieoncoIogical or historical site, scmcture or object?
YES YES
big) (insig)
NO
x
Y L
Y A
X
x
x
x
X
x
X
-2-
BIOLOGICAL ENvmOm
WILL THE PROPOSAL, DlRECnY OR INDUWTLY: YES
12.
13.
14.
15.
16.
Affect the diversity of species, habitat or numbers of any species of plants (including
trees, shrubs, grass, microflora and aquatic
plants)?
[ntroduce new species of plants into an area,
or a barrier to the normal replenishment of
existing species?
Reduce the amount of acreage of any
agricultural crop or affect prime, unique or other farmland of state or local
importance?
Affect the diversity of species, *habitat
or numbers of any species of animals (birds,
land animals, all water dwelling organisms
and insects?
Introduce new species of animals into an area, or result in a barrier to the
migration or movement of animals?
HUMANENVIRONMENT
WILL THE PROPOSAL DIRECTL+Y OR INDIRECIZY:
17. Alter the present or planned land use of an area?
18. SubstanciaIly affect pubKc utilitiu, school, police, fire, c3~~gc”cy or other public services?
YES
(iNI@
NO
X
Y L
YES (ins@
X
x
x
NO
x
x
-3.
-
HuMANENvrRoNMENT
WILL THEPROPOSAL.DtRECI'LYORINDIRECI-LY:
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
Result in the need for new or modified sewer
systems, solid waste or hazardous waste control sysrems?
Increase existing noise levels?
Produce new Light or glare?
Involve a signifkant risk of an explosion
or the release of hazardous substances
(including, but not limited to, oil,
pesticides, chemicals or radiation)?
Substanrially alter the density of the
human population of an area?
Affect existing housing, or create a demand
for additional housing?
Generate substantial additional t&k?
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 co motor
vehicles, bicyclists or pedesuians?
Interfere with cmcrscIlcy 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?
YES YES NO (si@ (iNI@
Y L
x
X
X
x
x
x
x
X
X
X
X
MANDATORY FlNDtNGS OF SIGNIFICANT
WILL THE PROPOSAL DkT’LY OR IND[=mY: YES YES
33.
34.
35.
36.
Does the project have the potential
to substantially degrade the quality
of the environment, substantialiy
reduce the habitat of a fish or wild-
life species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten co eiiminace a piant or
animal community, reguce the number or
restrict the range of a rare or en-
dangered plant or animal, or eliminate
imponant examples of the major periods
of California history or prehiscory.
Does the project have the potential
co achieve short-term, co the dis-
advantage of long-term, environmental
goals? (A short-term impact on the
environment is one which occurs in a
relatively brief, definitive period of
time while long-term impacts will
endure well into the future.)
Does the project have the possible
environmental effects which are in- dividually limited but cumulatively
considerable? (“Cumulatively con-
siderable” means chat the incremental
effects of an individual project are
considerable when viewed in connection
with the effects of past projects, the
effects of other c~lfnnt projects, and the effects of probable future projects.)
Does the project have axvkonxnental effects which will cause substantial
adverse effects on human beings, .
NO
x
x
X
X either directly or indirectly?
-5
DISCUSSION OF ENWIONMENTAJ, EVALUATION
The proposed project invoives the finish p&g (21,200 cubic yards) of a previously mass-graded sire,
conscruccion of residential streets, drainage and other infrastructure, and tentative subdivision of Planning
aea 28 of Aviara Phase [I. The tentative map includes 61 single family residential lots on minimum 10,000
sq. ft. lot areas. One open space lot is also proposed over the 44.1 acre site.
The area proposed for fish grading has been previously graded per subdivision map CT 89-W. so
encroachment into previously designated open space areas are proposed by the project. It is located in an area
ancicipaced for residential development per the City’s General Plan, and the Local Coastal Program for the
affected area.
For. this environmental analysis, staff conducted several field trips CO the subject property and reviewed the
Pacific Rim Country Club and Resort Master Plan Environmental Impact Report (EIR 83-2(A)) and the
Mitigated Negative Declaration for Aviara Phase [I Master Tentative Map which already covered this properry.
In that: (1) the proposed projecr sire has already been reviewed under the Master Plan EIR 83-2(A) and the
Ntigated Negative Declaration for Aviara Phase [I (CT 89-37), (2) as designed, the project implements all recommended mitigation measures of EIR 83-2(A) and the Phase iI Mitigated Negative Declaration, and (3)
the project will preserve in open space the previously deed resuicced coastal habitat areas, no environmental
impacts are anticipated. There were no public comments received in response co the Notice for a Negative
Declaration.
Physical Environment
1.
2.
3.
4.
5.
6.
The project is a previously graded site containing no unstable earth conditions as discussed in the Soils
Reporc for CT 89-37.
Relatively minor topographic changes will result from the project. Only 21,200 cubic yards of balanced
eanhwork are proposed. This equates co approximately 480 cu/yds of soil movement per gross acre.
Such minor copo&aphic changes-are not cc%sidered co-be signi&nt.
Drainage and erosion control facilities will be incorporated into the project co
potential soil erosion impacts. A permanent desiltacion basin has been constructed
boundary of Planning Area 28.
adequately reduce
along the southern
Potential e&ion impacts CO Batiquitos Lagoon will be adequateiy mitigated as discussed in response #3 above.
Consccuction emission and minor fugitive dust generation impacts associated with project grading are
considered short term and insignifkant. 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 ~cru~cural development is proposed at this time, impacts to air movement are not anticipated.
Air quality impacts from dust generation can be adequately controlled through watering operations during project grading.
-6-
D&d N co&
7. This project will not change the courSC or flow Of water as no ~MarnS are located in the immediate area
and ti -ge WQ~- a k handled by proposed drainage facilities.
8. Development of this project (tentative map grading and road construction) will create impervious surfaces which would reduce absorption races and incrementally increase runoff velocities. However.
to accommodate this increased runoff, drainage facilities will be incorporated into this project and
future residential development upon the site, thereby mitigating this concern.
9. No inordinate depletion of any natural resources is anticipated by the subdivision, grading, and
constructi~on of infrastructure proposed by this project.
10. No significant impact as discussed in #9 above.
11. A thorough archaeological testing of the area was conducted in 1987 as part of EIR 83-2(A). ;in
archaeologist and a paleoncological expert will be present during grading CO monitor operations in an
effort to preserve any uncovered objects.
12. Surface disturbance and grading for the project will not encroach into any native habitat area and will not affecr the onsice or contiguous coastal deed restricted biological areas (wetlands, coastal sage).
13. No impacts co the above mentioned coastal deed resuicted areas are anticipated in chat project
landscaping proposed adjacent to this habitat shall be required CO be compatible and non-invasive.
14. As sripuiaced in the Master Plan, the conversion of agricuiturai lands shall be permitted upon payment
of agricultural conversion fees. In accordance, the projecr applicant has already paid co the &ace
Coastal Conservancy agricultural mitigation fees required for the development of the project site.
15. As discussed in R12 above, the previously deed restricted coastal sage and wetknds habitat will be
maintained in open space. Accordingly, no significant impacts to habitat or species are anticipated.
16. No new animal species or migration barrier will occur as a result of the project, as further discussed
in #12 above.
Human Environment
17. Development of this project wiil be consistent with the General Plan, Master Plan 177 and the East
Batiquitos Lagoon LCP. The land uses proposed will be internally compatible as well as being
compatible with adjlccnt 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 suyices will be available CO meet the demands of the future development of 61 single family residences proposed on the project site.
No adverse impacts should result.
-7-
.-
DISCUSSION OF ENVIRONMENTAL EVALUATION co&d
19. Although this Tentative Map does not Propo* aw actual residential development, any subsequent
dwelling unit construction onsite shdl not be permitted until the Batiquitos Sewer Pump Station is
upgraded.
20. Construction of the project (grading and road development) may result in minor short term hiwcmr
construction noise impacts upon surrounding existing and proposed residences. Otherwise, he future
residential uses on the subject property will be acoustically compatible with surmu&g existing and
future residential uses. At the time that future residences are constructed upon the subject properry,
traffic noise impacts from I-S shall be required to be mitigated as specilied within the Acoustical Study
for Planning Area 28 (Mestre-Greve Associates l/90).
21.
22.
Future lighting utilized onsite will be directed so as to not impact adjacent future views,
Because this is a residential project, it will not involve a significant risk of an explosion or the release
of hazardous substances.
23. The proposed densiry of the project results in 1.38 du/ac. This is in compliance with the Master Plan’s
anticipated 1.44 du/ac.
24.
25.
The project will provide additional housing units to meet existing demand.
A total of 610 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 LIMP 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.
28.
29.
30.
31.
The additional 610 ADT generated by the project will be accommodated by the existing and planned circulation network. This minor increase in traffic is not considered signScant. .
The project site is outside of the Airport Influence Area for Palomar Airport.
The project, as designed, will not cause conflicts at its intersections with Batiquitos Drive.
The project will not intafere with emergency response plans.
Manufactured slopa -ted through the already approved Phase II mass grading (which includes this
site) will be fully mped consistent with approved plans. OtherWiSe, the finish grading (21,200
cubic yards) of the subject pmpaty would not result in a visual impact.
32. The project will have no effect whatsoever on existing recreational OppOrtunitieS.
-
ANALYSIS OF VL4RLE AJ~TERNATIVES TO THE PROPOSED PROJECT SUCH AS:
a)
b)
d
4
e>
f)
!3)
a) Phased development of the project,
b) alternate site designs,
C) d&ate scale of dmiopmW
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 project scale, 61 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. All
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 site, therefore, it is not environmentally preferable.
-9-
DETERMINATION (To Be Completed By The Planning Department)
On the basis of this initiai evaluation:
x I find the proposed project COULD have a significant effect on the environment, and a NEGATIVE
DECLARATION will be prepared.
- I find 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 centied environmental documents and no additional environmental review is required.
Therefore, a Notice of Determination has been prepared.
[ find that although the proposed project could have a significant effect on the environment, there d
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.
[ find the proposed project MAY have a sign&ant effect on the environment, and an ENVIRONMENTAL
IMPACT REPORT is required.
!;: - \ci+1
Date
h-/4- ql
Date
LIST MITIGATING MEASURES (IF APPLICAB~
-lO-
,Q~L~cANTCONCURRENCEWTH MI'I'IGAT1NGMmUW.S
Date Signature
-ll-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLANNINGCOMMISSIONRESOLUTIONNO.sq0
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A TENTATIVE TRACT MAP CREATING A 65 LOT, 61 UNIT SINGLE FAMILY RESIDENTIAL SUBDMSION ON
PROPERTY GENERALLY LOCATED SOUTH OF BATIQUITOS
DRlVE BETWEEN KESTRAL DRIVE AND AVIARA DRIVE.
CASE NAME: AVIARA PLANNING AREA 28
CASE NO: CT 90-31
WHEREAS, a verified application for certain property to wit:
Portions of Sections 33 and 34, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego,
State of California
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 17th day of June, 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 90-31, based on the following findings and subject to
the following conditions:
. . . .
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1.
2.
3.
4.
5.
6.
7.
8.
9.
The project is consistent with the City’s General Plan and Master Plan 177 since the
proposed density of 1.38 du’s/acre is within the density range of 0-4 du’s/acre
specified for the site as indicated on the Land Use Element of the General Plan, is at
or below the growth control point of 3.2 du’s/acre, and below the Master Plan 177 maximum density specified for the site of 1.44 du’s/acre.
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
Unified School District.
Park-in-lieu fees are required as a condition of approval.
All necessary public improvements have been provided or will be required as
conditions of approval.
The applicant has agreed and is required by the inclusion of an appropriate condition
to pay a public facilities fee. Performance of that contract and payment of the fee will
enable this body to find that public facilities will be available concurrent with need
as required by the General Plan.
The proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for single family residential development on the
General Plan.
This project will not cause any significant environmental impacts and a Negative
Declaration has been issued by the Planning Director on June 20, 1991, and by the
Planning Commission on June 17, 1992. In approving 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 signiflcanl
effects this project could have on the environment.
PC RESO NO. 3410 -2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
10.
11.
12.
13.
14.
15.
16.
17.
18.
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 gding for CX 90-31 substantially complies with
the mass grading approved on the Aviara Phase II Master Tentative Map (CT 89-37).
The Tentative Tract Map, Cl’ 90-31, satisfies al.l requirements of Title 21, Title 20 and
the Subdivision Map Act.
As discussed in the staff report, the design of CL’ 90-31 is consistent with the intent
of Master Plan 177.
The pioject CX 90-31 is in compliance with the underlying East Batiquitos Lagoon
Local coastal Program.
No interior CNEL noise level of any residence will exceed 45 dBA when openings to
the exterior are closed.
There are overriding considemtions that allow approval of the development even
though noise policies are not being met because the overheight sound wall would
create an aesthetically undesirable view for the noise impacted residents due to its
visibility f&m the Interstate 5 freeway and obstruction to impacted homeowner views.
The project is conditioned such that all purchaws of the impacted property shall be
not&d in writing prior to purchase, and by deed disclosure in writing, that the
property is noise impacted and does not meet the Carl&ad noise standards for
residential property.
No residential property will experience an exterior noise level exceeding 65 dBA
CNEL.
Conditions:
1. Approval is granted for CT 90-31, as shown on Exhibits “A” - “F”, dated June
17, 1992, 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 Tentative Map copy shall be
submitted to the City Engineer and approved prior to building, grading, final map, or
improvement plan submittal, whichever occurs first.
PC RFSO NO. 3410 -3-
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3.
4.
5.
6.
7.
8.
9.
10.
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 adopted to
implement a growth management system or facilities and improvement plan and to
fulfil1 the subdivider’s agreement to pay the public facilities fee dated October 10,
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 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. AlI or a portion of said fees may be waived
subject to the approval of the Carl&ad 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.
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.
PC PESO NO. 3410 4-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
Approval of this request shall not excuse compliance with all sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building pe&t
issuance.
The applicant shall establish a homeowner’s association and corresponding covenants,
conditions and restrictions. Said CC&R’s shall be submitted to and approved by the
Planning Director prior to final map approval. The CC&R’s shall include provisions
spdfyhg Master homeowners association or Planning Area 28 neighborhood
homeowner’s association maintenance responsibility for all nati and manufactured
project open space areas.
The applicant shall annex the Aviam Planning Area 28 open space into the Aviara
Master homeoWners association con current with the recordation of the Enal map.
The applicant shall prepare a detailed landscape and irrigation plan which shall be
submitted to and approved by the Planning Director prior to the issuance of grading
or building permits, whichever occurs first.
All landscaped areas shall be maintained in a healthy and thriving condition, free from
weeds, trash, and debris.
Existing onsite trees shall be retained wherever possible and shall be trimmed and/or
topped. Dead, decaying or potentially dangerous trees shall be approved for removal
at the discretion of the Planning Department during the review of a Master Plan
submitted showing existing onsite trees. Those trees which are approved for removal
shall be replaced on a tree-for-tree basis as required by the Planning Department.
The developer shall install street trees at the equivalent of 46foot 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 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 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.
PC RESO NO. 3410 -5-
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
22.
23.
24.
25.
26.
27.
28.
29.
‘30.
31.
The applicant shall pay a landscape plan check and inspection fee as required by
Section 20.08.050 of the Carlsbad Municipal Code.
The first set of landscape and irrigation plans submitted shall include building plans,
improvement plans and grading plans.
All landscape and irrigation plans shall show existing and proposed contours and shall
match the grading plans in terms of scale and location of improvements.
The number of trees in a residential project shall be equal to or greater than the
number of residential units.
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.
The applicant shall submit a street name list consistent with the Cit@ street name
policy subject to the Planning Director’s approval prior to final map approval.
Prior to recorda.tion of the first final tract map the owner of record of the property
within the boundaries of this tentative map shall prepare and record a notice that this
property is subject to overflight, sight, and sound of akraft operating fkom McClellan-
Palomar Airport in a manner meeting the approval of the Planning Director and the
City Attorney. The applicant shall post akraft noise notification signs in all sales
and/or rental offices associated with the new development. the number and locations
of said signs shall be approved by the Planning Director.
Prior to issuance of a gxading pennit or the recordation of the !kal map, the project
applicant shall obtain a Coastal Development Permit that approves development that
is in substantial conformance with this City approval. The Coastal Permit shall be
required to be submitted to the City Planning Department for review prior to the
issuance of a grading permit.
prior to final map approval or the issuance of a grading pexmit for CX 90-31, the
Aviara Phase II Tentative Map (CX 89-37) must be recorded as a final map.
The project currently shows only one retaining wall, located in Lot 7. The project is
approved subject to the condition that no additional retaining walls greater than twa
feet in height, within the front, rear, or sideyard setback areas shall be permitted.,
unless specifically approved by the Planning Commission during subsequent site
development plan review. If the project is developed under a custom lot sales
program, any retaining walls greater than two feet in height must be qecifically
PC RESO NO. 3410 -6-
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
16
19
2c
21
22
25
24
25
26
27
28
32.
33.
34.
35.
approved by the Plarming Director during adminhrative review of the custom lc
development.
This project is approved subject to the condition that pding proposed as part of aq
future site development plan over the subject property shall be in substantk
conformance with the grading approved through tbis tentative map.
This project is approved subject to the condition that those portions of hts 2
through 27,55 and 63 which are located within Coastal Commission deed restricts areas and those portions of Lots 17 through 24 and 56 through 63 which conk
manufactured slopes that are adjacent to Coastal Commission deed restricted m
shall be required to be placed under an open space easement which shall prohibit a.q
encroachment for development in perpetuity. Any Wure site development ph
processed for these lots shall be required to locate project fencing outside of the dee
restricted areas.
Details of the trampast fence material for the sound wall shall be submitted fa
review and approval by the Planning Director prior to issuance of building permits
P&r to the recordation of the first Enal tract map, the owner of record of th
property within the boundaries of this tentative tract map shall prepare and record
notice that this property is subject to noise from the Interstate 5 freeway, in a manne
meeting the approval of the Planning Director and the City Attorney. The applicar
shall post freeway noise notification signs in all sales and/or rental offices associate with the new development. The number and locations of said signs shall be approve
by the Planning Director.
Conditions:
36. This project is located within the East Batiquitos Local Coastal Plan. All developmer
design shall comply with the requirements of that plan.
37. Unless a standards variance has been issued, no variance from City Standards i
authorized by virtue of approval of this tentative map.
38. The applicant shall comply with all the rules, regulations and design requirements c
the respective sewer and water agencies regarding services to the project.
39. The applicant shall be responsible for coordination with S.D.G.&E., Pacific Be
Telephone, and Cable TV authorities.
40. If the applicant chooses to construct out of phase, the new phasing must be reviewe
and approved by the City Engineer and Planning Director.
PC RESO NO. 3410 -7-
-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
41.
42.
43.
44.
45.
46.
The applicant shall provide an acceptable means for maintaining the private easement:
within the subdivision and all the private: streets, sidewalks, street lights, storm drsr
facilities and sewer facilities located therein and to distribute the costs of sucl
maintenance in an equitable manner among the owners of the properties within thf
subdivision. Adequate provision for 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 fina
map. All improvements are private and are to be privately maintained with thf
exception of the following:
A. The water main system within the private streets serving the i%
hydrants.
B. The public stoxm drain and sewer systems as required per CT 89-37
Specifically, the storm drain and sewer systems within Plover Lane ani
within the portion of Shorebird Lane easterly of the intemection 0;
Shorebird Lane and Plover Lane then southerlybetweenLots 21 and 22
A note shall be placed on the improvement plans stating which utilities are public ant
which are private. .
All concrete terrace drains shall be maintained by the homeowner+ association (if or
commonly owned property) or the individual property owner (if on an individual11
owned lot). An appropriately worded statement clearly identifying the responsibiliq
shall be placed in the CC&R’s.
Approval of this tentative tract map shah expire twenty-four (24) months from thr
date of City Council approval unless a final map is recorded. An extension may bc
requested by the applicant. Said extension shall be approved or denied at tht
discretion of the City Council. In approving an extension, the City Council ma!
impose new conditions and may revise existing conditions pursuant to Sectior
20.12.110(a)(2) Carlsbad Municipal Code.
The applicant shall defend, indemnify and hold harmless the City and its agents
officers, and employees from any claim, action or proceeding against the City or it!
agents, officers, or employees to attack, set aside, void or null an approval of the City
the Planning Commission or City Engineer which has been brought against the Ciq
within the time period provided for 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 Plar
Update.
PC RESO NO. 3410 -8-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
47.
48.
49.
50.
51.
52.
53.
The owner of the subject property shall execute a Hold Harmless Agreement regal-dim
drainage across the adjacent property prior to approval of the final map for thi: project.
The subject property is within the boundaries of Assessment District No. 88-l (Alg:
Road). Upon the subdivision of land within the district boundaries, the owner maj
pass through assessments to subsequent owners on& if the owner has executed 2
Special Assessment District Pass-through Authorization Agreement. Said Agreemen
contains provision regarding notice to potential buyers of the amount of tht
assessment and other provisions and requires the owner to have each buyer receiw
and execute a Notice of Assessment and an Option Agreement. In the event that thf
owner does not execute the Authorization Agreement, the assessment on the subjec
property must be paid off in full bv the owner mior to final man annroval.
As required by state law, prior to the recordation of a final map over any of tht
subject property, a segregation of assessments must be submitted for all subdividei
lots. By applying for a segregation of assessments, the applicant agrees to pay the fef
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 o:
the final map. In the event a segregation of assessments is not recorded and propertJ
is subdivided, the full amount of assessment will appear on the tax bills of & neu
lot.
Based upon a review of the proposed grading and the grading quantities shown on tht
tentative map, a grading permit for this project is required. Prior to fInal maI
approval, the applicant must submit and receive approval for grading plans ir
accordance with City Codes and standards. Prior to issuance of a building permit fol
the project, a grading permit shall be obtained and grading work be completed ir
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 tht
City Engineer for the proposed haul route. The applicant shall comply with al
conditions and requirements the City Engineer may impose with regards to the haulinl
operation.
The developer shall exercise special care during the construction phase of this projec
to prevent offsite siltation. Planting and erosion control shall be provided ir
accordance with the Carlsbad Municipal Code and the City Engineer. Referencr
Chapter 11.06.
The applicant shall construct desiltation/detention/urban pollutant basin(s) of a typt
and a size and at location(s) as approved by the City Engineer. The applicant shal
enter into a basin maintenance agreement and submit a maintenance bond satisfactoq
PC RESO NO. 3410
-
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
54.
55.
56.
57.
58.
59.
to the City Engineer prior to the approval of grading, building permit or final ma1
whichever occurs first for this project. Each basin shall be serviced by an all-weathe:
access/maintenance road.
Additional drainage easements may be required. Drainage structures shall be provide<
or installed prior to the issuance of grading or building permit as may be required b]
the City Engineer.
The owner shall make an offer of dedication to the City for all public streets ant easements required by these conditions or shown on the tentative map. The offe:
shall be made BY A CERTIFICATE ON THE FINAL MAP/PRIOR TO ISSUANCE 01
ANY BUILDING PERMIT 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. Street
that are already public are not required to be rededicated.
Direct access rights for all lots abutting Batiquitos Drive shall be waived on the fina
-Pm
The applicant shall comply with the requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. The applicant shall provide best managemen
practices to reduce surface pollutants to an acceptable level prior to discharge tc
sensitive areas. Plans for such improvements shall be approved by the City Enginee:
prior to approval of the Final Map, issuance of grading or building permit, wbicheve
occurs first.
Plans, specifications, and supporting documents for all public improvements shall bc
prepared to the satisfaction of the City Engineer. Prior to approval of the final ma1
in accordance with City Standards, the applicant shall install, or agree to install ant
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 pe
the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listen
above shall be constructed within 18 months of approval of the secured improvemen
agreement or such other time as provided in said agreement.
The design of all private streets and drainage systems shall be approved by the Cip
Engineer prior to approval of the final map for this project. The structural section o
all private streets shall conform to City of Carlsbad Standards based on R-value tests
AU 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 approva
of the final map for this project.
PC RESO NO: 3410 -lO-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
60. Prior to final map approval, the tract map for fl89-37 must be recorded and the
mass grading for m 89-37, Lot 7 shall be complete and finaled to the satisfaction 01
the city Engineer.
61. All open space lots (Lots 33 and 64) shall be owned in fee and maintained by the
AviaraMasterAssodation.
The following lots have sight distance conidors which restrict height of landscaping
and structures to 30” above the street: Lots 1, 7, 35, 38, 48, and 55. The
mainteqance of these sight distance corridors shall be the responsibility of the
individual property owners.
A note to this effect shall be placed on the final map. This restriction shall also b
included in the CC&R’s.
Any encroachment through construction into deed restricted or undisturbed oper
space for the purpose or grading will require an amendment to the tentative map and
approval of the California Coastal Commissi on. A note to this effect shall be placed
onthefinalgradingplan.
prior to the commencement of any grading activities, the developer shall fence off thf
deed restricted ind undisturbed open space to the satisfaction of the City Fngineer and
Planning Director. A note to this efkt shall appear on the final grading plans. The
&sting fencing on the Phase II Master Tentative Map conforms with this conditior
if still properly placed and in good repair.
62.
63.
64.
65.
66.
67.
68.
PC RESO NO. 3410
The entire subdivision shall be graded concumen t with the first phase/unit of the
development.
Con-t with the first phase/unit of development, the main circulation loop ol
Shorebird J.ane from Batiquitos tive to Plover Lane and Plover Lane from Shorebiri
Lane to Baliquitos Drive shall be constructed to full improvement requirements I
shown on the tentative map to the satisfaction of the City F.ngineer and Planning
Director.
Duetothefactthatthest~drainandsewersystemswithinPloverLanewillbc
public systems within public easements, an encroachment pe!rmit will be required tc
be submitted and approved in order to construct any non-standard improvement
within these easements associated with the proposed gating of Plover Lane.
Prior to final map approval the applicant shall provide an additional study and desigx
fiEaturesasmayberequiredbytheCityEngineertoincrease the desiltation ani
pollutant reduction capabilities of the existing desiltation basin along the soutkrx
boundary of the subdivision.
-ll-
1
-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
F& Conditions:
69.
70.
71.
72.
73.
74.
75.
Additional onsite public hydrants are required.
Applicant shall submit a site plan to the Fire Department for approval, which depicts
location of required, proposed and existing hydrants.
An all-weather access road shall serve the project during construction.
All required 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 a brush clearance plan
to the Fire Marshal 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 tc
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
Street names
Fire hydrant locations
Water Conditions:
76. The entire potable and non-potable water system/systems for subject project shall be
evaluated in detail to ensure that adequate capacity and pressure for domestic
landscaping and fire flow demands are met.
77. The developer’s engineer shall schedule a meeting with the District Engineer and thf
City Fire Marshal and review the preliminary water system layout prior to preparatior
of the water system improvement plans.
78. The developer will be responsible for all fees and deposits plus the major facilit)
charge which will be collected at time of issuance of building permit. The developa
PC RESO NO. 3410 -12-
1
2
3
4
5
6
7
0
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
shall pay a San Diego County Water Authority capacity charge which will be collecte
at issuance of application for meter installation.
79. This project is approved upon the express condition that building permits will not b
issued for development of the subject property unless the water district serving th
development determines that adequate water and service is available at the time c
application for water service and will continue to be available until time of occupancy
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Plannin
Commission of the City of Carlsbad, California, held on the 17th day of June, 1992, by th
following vote, to wit:
AYES: Vice-Chairperson Noble, Commissioners: Schlehuber, Schramn
Welshons & Hall.
NOES: Commissioner Savary.
ABSENT: Chairperson Erwin.
ABSTAIN: None.
CARLSBAD P
ATTEST:
+- -, ! +JW/& -8 ./
MICHAEL J. HO%MELLkk
PLANNING DIRECTOR
PC RESO NO. 3410 -13-
1
2
3
4
5
6
7
a
9
10
11
PLANNING COMMISSION RESOLUl-ION NO. 3411
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A PLANNED UNIT DEVELOPMENT PERMIT
ALLOWING PRIVATE STREETS WITHIN A 65 LOT, 61 UNIT
SINGLE FAMILY RESIDENTIAL SUBDMSION ON PROPERTY
GENERALLY LOCATED SOUTH OF BATIQUITOS DRIVE
BETWEEN KESTRAL DRIVE AND AVIARA DRIVE.
CASE NAME: AVIARA PLANNING AREA 28
CASE NO: PUD 91-4
WHEREAS, a verified application for certain property to witi
Portions of Sections 33 and 34, Township 12 South, Range 4 West, San
Bemadino Meridian, in the City of Carlsbad, County of San Diego, State
of California
has been filed with the City of Carlsbad and referred to the Planning Commission; and
12 WHEREAS, said verified application constitutes a request as provided by Title
13 21 of the Carlsbad Municipal Code; and
14
15
WHEREAS, the Planning Commission did, on the 17th day of June, 1992, hold
a duly noticed public hearing as prescribed by law to consider said request; and
16
17 WHEREAS, at said public hearing, upon hearing and considering all testimony
ia and arguments, if any, of all persons desiring to be heard, said Commission considered all
19 factors relating to the Planned Unit Development.
20
21
22
23
24
25
26
27
28
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 91-4, based on the following findings and subject to
the following conditions:
. . .
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
ia
19
20
21
22
23
24
25
26
27
28
Finciin~:
1.
2.
3.
4.
5.
6.
7.
8.
9.
The granting of this permit will not adversely affect and will be consistent with the
.Municipal Code, General Plan, the Aviara Master Plan 177, and all adopted plans of
the City and other governmental agencies.
The proposed residential use is necessary and desirable for the long term general well
being of the neighborhood since it adds housing supply to a residentially designated
area.
The subdivision will not be detrimental to the health, safety, or general welfare of
persons residing or working in the vicinity, or injurious to property or improvements
in the vicinity.
The proposed development meets all the development standards of the underlying
zone as well as the development standards of Section 21.45.090.
The proposed development meets the design criteria stated in Section 21.45.080 of
the Carlsbad Municipal Code by providing adequate usable circulation, off street
parking and integrating the project into the existing terrain.
The proposed development closely approximates the existing grade associated with the
master tentative map (CT 89-37), which is the existing natural topography.
The proposed development maintains all previously restricted and undisturbed coastal
resource areas.
The proposed project’s design and density of the developed portion of the site is
compatible with surrounding development and does not create a disharmonious or
disruptive element to the neighborhood.
The proposed project’s circulation system is designed to be efficient and well
integrated with the project and does not dominate the project.
Conditions:
1. Approval is granted for PUD 91-4, as shown on Exhibits “A” - “F”, dated June
17, 1992, incorporated by reference and on f!i.le in the Planning Department.
Development shall occur substantially as shown unless otherwise noted in these
conditibns.
2. Approval of PUD 914 is granted subject to the approval of CT 90-31. All conditions
of approval of CT 90-31, Planning Commission Resolution No. 3410, are incorporated
herein by reference and on file in the Planning Department.
PC RESO NO. 3411 -2-
1
2
3
4
5
6
7
8
9
1c
11
12
13
14
15
16
17
16
19
2c
21
22
22
24
25
26
27
26
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 17th day of June, 1992, by the
following vote, to wit:
AYES: Vice-Chairperson Noble, Commissioners: Schlehuber, Schramm,
Welshons & Hall.
NOES: Commissioner Savary.
ABSENT: Chairperson Erwin.
ABSTAIN: None.
ATTEST:
d%tiW
V MICHAEL J. HOLZ& LER
PLANNING DIRECTOR
l
PC RESO NO. 3411 -3-
.
-
APPLIC ~I’ION COMPLETE DATE:
APRIL 16,1991
45 DAY EXTENSION RECEIVED
SMFF RFJ’ORT
DATE: ’ kJNE 17, 1992 0 4
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: Cl” 90-31/PUD 914 - AVIARA PLANNING AREA 28 - Request for a
Tentative Tract Map and Planned Unit Development for a 65 lot subdivision
with 61 single family residential lots (minimum 10,000 square feet), 2
natural open space lots and a gated entry with private streets on a 44.1 acre
site located in Phase II of the Aviara Master Plan in Local Facilities
Management Zone 19.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 3409,
recommending APPROVAL of the Negative Declaration issued by the Planning Director and
ADOPT Planning Commission Resolution No.‘s 3410, and 3411 recommending APPROVAL
of CT 90-31/PUD 91-4, based on the findings and subject to the conditions contained
therein.
II. PROJECI- D -ON AND BACKGROUND
Aviara Land Associates is requesting a Tentative Tract Map and Planned Unit Development
for a 65 lot subdivision within Planning Area 28 of Phase II of the Aviara Master Plan (MP
177). The subdivision would create 61 single family residential lots, minimum 10,000
square feet in area, 2 natural open space lots, and a private street lot. The 44.1 acre site
is zoned P-C (Planned Community) and is under a General Plan combination designation
of RLM/RM/OS/RC/N (Residential Low-Medium and Medium density, Open Space,
Recreational Commercial, and Neighborhood Commercial). The proposed density of 1.38
dwelling units per acre is consistent with the allowed density for Planning Area 28 of 1.44
dwelling units per acre. The proposed subdivision lies within the East Batiquitos Lagoon
Local Coastal Program and, therefore, a Coastal Development Permit will be required from
the California Coastal Commission.
The site is currently being graded in accordance with the Phase II Master Tentative
Map (CT 89-37). The amount of additional grading proposed with this tentative tract map
is relatively minor, totaling 21,200 cubic yards, and will be balanced onsite. All proposed
grading in is conformance with the mass grading approved through the Master Tentative
Map.
3 CT 90-31/PUD 914 - A. & PLANNING AREA 28
JUNE 17, 1992
Further, all coastal resources have been fenced and are being protected throughout all
grading operations. The site will be served by two local streets, Plover Lane and Shorebird
Lane, taking access bff Batiquitos Drive.
Since this proposal is only a subdivision, and no homes are proposed at this time, a
subsequent approval of a Site Development Plan will be required prior to any residential
development on the site. If the site is developed under a custom lot sales program, each
site will undergo administrative review by the Planning Director, as specified in Section
III(B)(S) of Master Plan 177. This subsequent review will confirm the development’s
consistency with the development standards and design criteria of the Aviara Master Plan
and all other applicable policies.
III.
1.
2.
3.
4.
5.
ANALYSIS
Is the proposed subdivision consistent with the various elements of the General Plan
and all applicable ordinances?
Does the proposal conform to the development standards and design criteria of the
Aviara Master Plan (MP 177)?
Is the proposal consistent with the East Batiquitos Lagoon Local Coastal Program,
as implemented through the Aviara Master Plan (MP 177)?
Is the proposed subdivision in compliance with the City’s Noise Policy No. 17?
Is the proposal consistent with the Zone 19 Local Facilities Management Plan?
DISCUSSION
1. Consistency with the General Plan and Applicable Ordinances
The proposed subdivision is consistent with the Land Use Element of the General Plan in
that the proposed density of 1.38 dwelling units per acre lies within the range of densities
allowed under the RLM (Residential Low-Medium) designation. Consistency with the
Public Facilities Element is demonstrated by the fact that all facilities required to serve the
project will be in place prior to or concurrent with development. The proposed tentative
map is consistent with the Circulation, Open Space, and Noise Elements for the following
reasons: internal street are designed to City standards for safety and sidewalks will be
provided; areas of natural coastal resources are being maintained and preserved; as
conditioned, the neighborhood will be free from undisclosed excessive or harmful noise.
-
3 *CT 90-31/PUD 914 - AvuiRA PLANNING AREA 28
JUNE 17,1992
The proposed project satisfies all requirements of the R-1-10,000 zone and the Subdivision
Ordinance since all lots are a minimum of 10,000 square feet, have a minimum width of
75 feet and a minimum depth of 112.5 feet, and have been designed to drain to the street.
The project proposes private streets which necessitates the processing of a Planned Unit
Development permit and the creation of a homeowner’s association. The only reason for
processing a Planned Unit Development permit is to create legal lots, as defined by Section
21.04.256 of the Zoning Ordinance, and the project meets all development standards of the
underlying zoning. Therefore staff is recommending that the Planning Commission allow
a modification of the planned development standards, as permitted by Section
21.45.072(b) of the Planned Development ordinance. The project meets all other findings
required for a Planned Unit Development permit since it is consistent with all applicable
codes, designed in a sensitive and compatible fashion, and has adequate traffic circulation.
Given the above, the proposed subdivision is deemed consistent with the various elements
of the General Plan and all applicable ordinances.
2. Consistency with Master Plan Development Stadards and Design Criteria
While most of the development standards and design criteria for Planning Area 28 deal
with the placement and character of structures, the proposed subdivision does conform to
the minimum lot size, maximum density, and open space preservation requirements of the
Planning Area. When the single family homes are proposed on the site, subsequent
discretionary review will assure conformance with the remainder of the development
standards and design criteria. Considering the above, the proposed subdivision is
consistent with the Aviara Master Plan.
3. consistencywith Local coastal Pro-
As required by the East Batiquitos Lagoon Local Coastal Program, as well as the Coastal
Development Permit for the Aviara Master Plan, areas of coastal resources have been
placed under deed restriction, to be maintained as natural open space. Alldeed restricted
areas delineated by the Phase II Master Tentative Map (CT 89-37) are being preserved and,
as an added safeguard, a condition has been placed on this subdivision to place an open
space easement over these coastal resource areas to prevent encroachment. As previously
mentioned, a Coastal Development Permit will be required for this subdivision, further
verifying the consistency with the land use plans of the applicable Local Coastal Programs.
Since the Aviara Master Plan is the implementing ordinance for the Local Coastal Programs,
and consistency with the master plan has been demonstrated, the proposed subdivision is
consistent with the East Batiquitos Lagoon Local Coastal Program.
4. Consistency with the Citfs Noise Policy No. 17
The goal of the City’s Noise element of the General Plan is “to achieve and maintain an
environment which is free from excessive or harmful noise through identification, control,
and abatement.” While the California State Government Code requires that areas with
noise levels of 65 dB(A) or higher be identified, the City’s Noise element does not define
-CT 90-31/PUD 914 - AvtARA PLANNING AREA 28
JUNE 17, 1992
PAGE 4
or quantify excessive or harmful noise levels. On March 4,1990, the Planning Department
implemented an administrative policy that quantifies acceptable exterior and interior noise
levels. This policy establishes a 60 CNEL exterior noise maximum for new residential
development, however it is not an ordinance and can be modified if the Planning
Commission finds overriding considerations.
Planning Area 28 is exposed to noise primarily from Interstate 5, which is clearly visible
from the southern portion of the site. According to Mestre Greve Associates, the southern
portion of the site would experience noise levels between 65 and 69 CNEL, without any
sound attenuation devices. In order to mitigate the freeway noise to levels at or below 60
CNEL for all exposed lots, the sound attenuation barrier would have to measure from seven
and one half to eight and one half feet. This barrier would consist of a six foot high view
fence (two feet of solid masonry and four feet of thick plexiglass) on top of a one and one
half to two and one half foot high berm. Considering that this planning area is extremely
visible from the freeway, and a noise barrier over six feet in height would impair lagoon
views for the future residents of Planning Area 28, staff is recommending that the Planning
Commission allow a six foot high noise barrier. This barrier would be a six foot high view
fence as described above, without any berming. The resulting exterior noise levels in the
12 affected lots would range from 60 CNEL to 64 CNEL. The project would be conditioned
to disclose the freeway noise exposure to all future property owners and the interior noise
levels would still be required to comply with the accepted 45 CNEL maximum.
5. Consistency with Zone 19 Local Facilities Management Plan
The project is located in Local Facilities Management Zone 19 in the southwest quadrant
of the City. With 61 residential lots, the proposed subdivision is 4 units below that
allowed per Local Facilities Management Zone 19. As conditioned, all public utilities and
services will be available to serve the project prior to building permit issuance.
The impacts on public facilities created by construction of dwelling units within the
proposed subdivision and the compliance with adopted performance standards are
summarized below:
* ,I . CT 90-31/PUD 914 - A. AARA PLANNING AREA 28
JUNE 17,1992
PAGE 5
FACILITY STANDARD IMPACTS I COMPLIANCE WITH STANDARD
City Administration I 226.09 sq. ft. I YES
Library
Wastewater
120.65 sq. ft.
32 EDU’s
YES
YES
Parks
Drainage
0.452 acres
WA
YES
YES
Circulation
Fire
Schools
Sewer Collection
Water Distribution
Open Space
610 ADT
Station #4
N/A
61 EDU’s
13,420 GPD
N/A
YES
YES
YES
YES
YES
YES
Iv. F.NVIRONMENTALREVIEW
Since the site is currently graded by Phase II mass grading operations, and all sensitive
resource ares have been and will continue to be protected, the Planning Director has
determined that no significant adverse environmental impacts will result from this proposal
and has, therefore, issued a Negative Declaration on June 20, 1991.
SUMMARY
Considering that the proposed subdivision is consistent with the General Plan, Local Coastal
Program, Aviara Master Plan, Zone 19 Local Facilities Management Plan, and all applicable
ordinances and policies, staff recommends approval of CT 90-31/PUD 91-4.
ATTACHMENTS
1.
2.
3.
4.
2:
7.
8.
Planning Commission Resolution No. 3409
Planning Commission Resolution No. 3410
Planning Commission Resolution No. 3411
Location Map
Background Data Sheet
Disclosure Statement Local Facilities Impacts Assessment Form
Exhibits “A” - “F”, dated June 17, 1992
MG:vd:lh:km
May 18, 1992
- BACKGROUND DATA SHEET --
’ CASE NO: CT 90-31/PUD 914
CASE NAME: AVIARA PLANNING AREA 28
APPLICANT: AVIARA LAND ASSOCIATES
REQUEST AND WTION: TENTATIVE TRACT MAP TO CREATE 61 MINIMUM 10.000 SO.
FT. SINGLE FAMILY RESIDENTIAL LOTS AND 1 OPEN SPACE LOT ON A 44.1 ACRE SITE
LOCATED SOUTH OF BATIOUITOS DRIVE AND WEST OF AVIARA DRIVE.
LEGAL DESCRIPTION: PORTIONS OF SECTIONS 33 AND 34. TOWNSHIP 12 SOUTH. RANGE
4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO.
APN: 216-11-08. 09 & 216-150-18
(Assessor’s Parcel Number)
Acres 44.1 Proposed No. of Lots/Units 65/61
Land Use Designation RLM
GENERAL PLAN AND ZONING
Density ARowed 1.44
Existing Zone PC
Density Proposed 1.38
Proposed Zone PC
Surrounding Zoning and Land Use: (See attached for information on &&bad’s Zoning
Requirements)
zoning
Site PC
Land Use
VACANT/GRADED
North PC VACANT/GRADEd (PA-301
south OS
East PC
BATIOUITOS LAGOON
AVIARA GOLF COURSE
West PC VACANT/GRADED (PA-30)
PUBLIC FACILITIES
School District CARLSBAD Water District CARLSBAD Sewer District CARLSBAD
Equivalent DweIIing Units (Sewer Capacity) 61
Public Facilities Fee Agreement, dated OCTOBER 10, 1990
ENVIRONMENTAL IMPACT ASSESSMENT
X Negative Declaration, issued JUNE 20, 1990
- Certified Environmental Impact Report, dated
Other,
MG:vd:lh
APPUCAflS 5A-m OF =ostlRE or Cerirm -- -0NUrPeUClrTlOUSWHK2HWUREOUlRE
. DSCRelluKARY AmOU ON WE PARi OF THE Giib’ c=UNC& OR AU7 APmwEo BoAxQ coMMlssOH OR COMMII17--
(Please Print) *
The following information must be discfosed:
1. Amllcant
3.
List the names and addresses of aII persons having a fir;anci4 interest in the application. Aviara Land Associates Limited Partnership
2011 Palomar Airport Rd. Suite 206 Carlsbad, CA YLUUY
Owner
Ut the names and addresses of all persons having any owners.hip interest in the ptopeq invoivcd.
. co=ratLpg 450 Newport Center Drive Suite 304
Newport Beach, CA 92660
. 120&i 3~ n0v0lnmt rn a California corporation 180 N. Riverview Drive Suite 130
Anaheim, CA 92808
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 t 0% of the shares in the corporation or owning any pamership
interest in the paifnonhip. Henry Hillran 450 Newport Center Drive
Suite 304 Newport Beach, CA 92660
If any person identified pursuant to (I) or (2) above is a non-pm organization or a tist, iii the names and
addresses of any penon serving as ofker or dimcfor of the non-pruftt orgulitation or LS trustt+ or beneficW
of the trust
N/A
. _-
Disciosurs statemcr;t
o-4
Page2
5. !+tv8 YOU kad more than S250 woe of business transacted wit3 any member of city r,;tr, :cac
~mmj&ons, Commit&es and Council within the pasi Welve months?
yes m - . NO x ff y8S, p&S8 kdkd8 p8mn(s)
P*noo L &end u: ‘Amy indiiual sm WP-.rrhiD. j&u-o. urrr;riu 8kJ dilb. hurrrul orgMbhn. mqor8hn. 08UlO. ma . .
GZr. ryndiule, ati d y Wof a-. * md mw. * munici~.~U~~urbdir~OlUl7~~glO”pW
tomaindom rdnc 88 8 uni%’
(NO?& AtiactL additional peg8fJ as n8Msary.)
Aviara Land Associates Limited Partnership, a Delaware limited partnership Aviara Land Associates Limited Partnership, a Delaware limited partnership
BY: Land Chikpany, a Delaware eneral Partner
BY: Republic Development Co., a By: Republic Development Co., a
dent
By: &-AL. /$+--- 2/11/91 By: J&r- &w--+ 2/11/91
Siputurc of oUncr/Date Siqvturc d Appliant/hte
I ver/&slc+w Secretary Ted.L. Hoover/Assistant Secretary
PtintorTypcN8wofownu print or Type Name of Applicant
CITYOFCARLSBAD
GROWTH MANAGEMJZNT PROGRAM
LOCAL FAclLITIES IMPACTS ASSESSMENT FORM
(To be Submitted with Development Application)
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO.: Aviara Planning Area 28 - CT 90-31/PUD 91-4
LOCAL FACILITY MANAGEMENT ZONE: 19 GENERAL PLAN: RLM ZONING: PC
DEVELOPER’S NAME: Aviara Land Associates
ADDRESS: 2011 Palomar Airoort Road. Carlsbad CA 92009
PHONE NO.: (619) 931-1190 ASSESSORS PARCEL NO.: 216-111-08. 09 8~ 216-150-18
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 44.1 ac/61 du’s
ESTIMATED COMPLETION DATE:
City Adn-umstratlve Facilities: Demand m Square Footage =
Library: Demand in Square Footage =
Wastewater Treatment Capacity (Calculate with J. Sewer)
Park: Demand in Acreage =
Drainage: Demand in CFS =
Identify Drainage Basin =
(Identify master plan facilities on site plan)
Circulation: Demand in ADTs =
(Identify Trip Distribution on site plan)
Fire: Served by Fire Station No. =
Open Space: Acreage Provided -
schools:
(Demands to be determined by staff)
Sewer: Demand in EDUs -
Identify Sub Basin -
(Identify trunk line(s) impacted on site plan)
Water: Demand in GPD -
226.09
120.65
0.452
N/A
N/A
610
#4
N/A
N/A
61
--
13.420
L. The project is 4 units below the Growth Management Dwelling unit allowance. MG:vd
MINUTES
Hall
Noble Savary Schlehuber
Schramm Welshons
June 17, 1992 PLANNING COMMISSION Page 6
and Condition #5 of Resolution Nod 3412.
4) CT 90-31/PUD 91-4 - AVIARA PLANNING AREA 28 - Request for a Tentative Tract Map and Planned Unit Development
for a 65 lot subdivision with 61 single family residential lots (minimum 10,000 s.f.) 2 natural open space lots, and a gated entry with private streets on a
44.1 acre site located in Phase II of the Aviara Master Plan in Local Facilities Management Zone 19.
Michael Grim, Assistant Planner, reviewed the background of the request and stated that Aviara Land Associates is requesting a Tentative Tract Map and Planned Unit Development to create 61 single family residential lots, minimum 10,000 s.f. in area, two natural open space lots,
and a private street lot. The 44.1 acre site lies within the East Batiquitos Lagoon LCP and, therefore, a Coastal
Development Permit will be required from the Coastal Commission. No homes are proposed at this time and a site
Development Plan will be required prior to any residential development on the site. For noise protection, the
development will be shielded behind a 6 ft. high barrier in order to keep the exterior noise levels below 65 dBA CNEL.
The interior noise level requirement will remain at 45 dBA CNEL.
Mr. Grim directed the Commission's attention to staff memo
dated June 17, 1992, containing some minor revisions, and to a letter from Dolores Welty dated June 17. 1992 which proposes a passive park in place of the proposed residential
development.
Commissioner Welshons inquired if the archaeological testing in 1987 produced any specimens. Mr. Grim replied that the
original testing found some things. More recently, some ancient burial sites have been discovered and the human
remains have been relocated to another site which will be protected. The new location has been approved by a representative of the Native American Heritage Commission. He passed out a copy of a recent Blade-Citizen newspaper
article discussing the burial sites which had been unearthed.
Commissioner Welshons referred to the reference in the staff report to the 6 ft. barrier for sound attenuation which will
consist of a 2 ft. masonry wall beneath a 4 ft. Plexiglas. She inquired if there is another material available which will not scratch or discolor. Mr. Grim replied that the
applicant will discuss this matter when he speaks.
Commissioner Welshons would like to see a condition address this issue.
Commissioner Schranns inquired if the homes will be single story or a mixture of single and two-story homes. Mr. Grim
replied that the homes will be 22 ft. to the peak of the roof. Some homes may have interior lofts.
MINUTES
June 17, 1992 PLANNING COMMISSION Page 7 COMMISSIONERS y
Vice Chairman Noble opened the public testimony and issued
the invitation to speak.
Paul Klukas, Aviara Land Associates, 2011 Palomar Airport Road, Suite 206, Carlsbad, addressed the Commission and stated that this project is the last in a series of eight to
come before the Commission. He can accept the staff recommendation and changes to the findings. As regards the
material for the sound barrier, he has engineers looking into some alternate materials. They may have to use 114 inch plate glass but he wants to make sure that there will
be no glare to the freeway. He would have no objection to
working with the Planning Director on a suitable material for the sound barrier.
Commissioner Welshons inquired how much distance would be
between the homes and the trail along the lagoon. Mr. Klukas replied that the homes will be set back 50 ft. to the bottom of the slope. There will then be a 100 ft. distance
to the trail. He does not anticipate any privacy problems.
There being no other persons desiring to address the Commission on this topic, Vice Chairman Noble declared the
public testimony closed and opened the item for discussion among the Commission members.
Vice Chairman Noble requested staff to comment on the letter
from Dolores Welty. Gary Wayne, Assistant Planning
Director, replied that most of the accusations in the letter are false. The Coastal Commission did not approve Planning
Area 20 as a park. The EIR only stated that it might be a
good location for a park. Herbicides have been addressed in
the EIR.
Commissioner Schramm stated that she was given a tour of Planning Area 28 by the applicant, which was very helpful.
Commissioner Schlehuber can support the project as proposed.
Commissioner Savary is still quite concerned about the noise level. She thinks we should do everything humanly possible to alleviate noise to make the residents comfortable. She
believes that high noise levels can result in health problems and that this should be given consideration.
Commissioner Welshons requested staff to read aloud the
condition for materials for the sound barrier. Mr. Grim
read the following proposed additional condition:
Details of the transparent fence material for the sound
. wall shall be submitted for review and approval by the Planning Director prior to issuance of a building permit.
Commissioner Hall inquired if staff included the same condition in this project that was used in previous projects for noticing the noise levels. Mr. Grim replied that the condition was inadvertently omitted. He suggested that the same condition used for Planning Area 30 could be used for
Planning Area 28; this condition would read as follows:
Prior to the recordation of the first final tract map, the owner of record of this property within the boundaries of this tentative tract map shall prepare
and record a notice that this property is subject to
noise from the Interstate 5 freeway, in a manner
-
MINUTES
June 17, 1992 PLANNING COMMiSSION Page 8 COMMISSIONERS y
meeting the approval of the Planning Director and the City Attorney. The applicant shall post freeway noise notification signs in all sales and/or rental offices
associated with the new development: the number and locations of said signs shall be approved by the
Planning Director.
Commissioner Hall inquired if the applicant will agree to
the addition of the noticing condition. Mr. Klukas replied that the condition would be acceptable to Aviara.
Commissioner Schramm stated that she can accept the recommendation for a higher noise level only because it is
as a result of the freeway. However, she hopes that we will not allow any other area above the 60 dBA CNEL level.
Commissioner Welshons inquired if staff could remember what the noise levels are on the Sammis development. Mr. Grim
did not recall how far from the freeway the Sammis development was located, however noise levels at
approximately 2,000 ft. from the freeway are about 65 dBA CNEL.
Commissioner Welshons inquired if Planning Area 28 is closer or farther away from the freeway. Mr. Grim replied that it is farther away.
Commissioner Schlehuber commented that 65 dBA CNEL is
standard throughout the state of California. Carlsbad has
only recently tightened the noise level to 60 dBA CNEL and he believes that we are only one out of a very few cities with this stringent a noise level.
Commissioner Hall noted that Finding 017 is included in
Resolution No. 3410 but he does not see a condition addressing the deed disclosure. He would accept the same
condition that was placed on Planning Area 30.
Motion was duly made, seconded, and carried to adopt Planning Commission Resolution NO. 3409, recommending approval of the Negative Declaration issued by the
Planning Director and adopt Planning Commission Resolution Nos. 3410, and 3411 recommending approval
of CT 90-31/PUD 91-4, based on the findings and subject to the conditions contained therein, with the following
changes and additions: (1) Revise Finding 018 of Resolution No. 3410 to state that exterior noise levels will not exceed
65 dBA CNEL: (2) Add a condition that sound barrier fence material shall be approved by the Planning Director [as read
into the record]; (3) Add a condition for noticing potential purchasers of the noise impacts [detailed above]:
(4) Revise Finding 14 of Resolution No. 3411 to read n . ..underlying zone as well as the development standards of Section 21.45.090."; and (5) incorporate the changes set forth in staff memo dated June 17, 1992.
DI 92-2 - AVIARA PLANNING AREA 13, LOT 296 (CT 85-35) -
for an appeal of the Planning Director's
Hall
Noble Savary
Schlehuber Schramm
Welshons
(Form A)
TO: CITY CLERK’S OFFICE
FROM: PLANNING DEPARTMENT
tr
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notice
CT 90-31/PUD 91-4 - AVIARA PLANNING ARFA 78
for a public hearing before the City Council. #
Please notice the item for the council meeting of
.
Thank you.
MARTY ORENYAK
Assistant City Manager Date
NOTICE OF PUBLK HEABING
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 6:00 p.m. on Wednesday, June 17,1992, to consider approval of a Tentative
Tract Map and Planned Unit Development for a 65 lot subdivision with 61 single family
residential lots (minimum 10,000 square feet), 2 natural open space lots and a gated entry
with private streets on a 44.1 acre site on property generally located in Phase II of the
Aviara Master Pl ’ Local Facilities Management Zone 1% and more particularly described
as:
Portions of Sections 33 and 34, Township 12 South, Range 4 West, San
Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of
California.
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 June 10, 1992. If you
have any questions, please call Mike Grim in the Planning Department at 438-1161, ext.
4499.
If you challenge the Tentative Tract/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 90-31/PUD 91-4
CASE NAME: AVIABA PLANNING AREA 28
PJ JRJ.JSH: .JIJNE 4. 1992
Companies Odmark & Thelan 6 David 3200 4th Avenue #lOl San Diego, CA 92103
Davidson Coscan Partners
(T u I 12520 High Bluff Drive t300 San Diego, CA 92130
Aviara Land Associates 2011 Palomar Airport Road #206 Carlsbad, CA 92009
California State Coastal Conserv. 1330 Broadway, Suite 1100 Oakland, CA 94612 T
3
I.
r-
! 2.8.
A
L’L--l
CansDaa dourmu
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 loca1 news and intelIigence of a genera1 character, and which
newspaper at all times herein mentioned had and still has a bona fide subscription list of paying
subscribers, and which newspaper has been established, printed and published at regular intervals in the
said City of Oceanside, County of San Diego, State of California, for a period exceeding one year next
PUBLIC HEARING CT 99.31 PL’D 91.4. AI’IARA PLANNING AREA 28
NOTICE IS HEREBY GIVEN that
the City Council of lhr City oTCarl-
sbad will hold a public hearing al Ihe City Council Chambers. I200 -Carlsbad Village Drive. Carlsbsd.
California. aIB-tKlP.M..onTuesday.
Aolust 18. 1992. lo consider an %p- plication ror a Tenlalive Tracl Map and Planned L’nil Derclopmenl for
a 6.5 fool subdivslon rilhtll sinRle
family resldentlal lots tminlmum
I 10.m square ICCO. 2 “alural open space loIs with Rated cnlr?’ and pri-
me streets. on a 44 1 acre sile on
property fp~~erelly lorated on lhc
norlhern shore of the Batiquitos Lagoon. south of Batiqwlos Drare. I” Phase II of the Awars Masler
.PIan. I” Ariara Plsnn~n~ Arcs 28.
“58 ment Zone 19. and more particular.
ly desrrlbed BJ
Portions of Section 33 and 34. Toonshlp 12 Soulh. Range 4 Wcsl. San Bernardino Meridian. in Ihe 131)’ of Carlsbad. Counly of San
Diego.
Ifyou have any questions regard- ing lhis mailer. please call Mike Grim in the Planning. Departmcnl.
PI 4381161. exl. 4499.
If you challenge ihe Tenlatire
Tract Mao and or Planned Unit De- velopment in court. you may be II- miled lo raisinf? on$ those issuer
raisedbyyouorsomeoneelaeallhe
public hearing descrtbed in lhu nolice. or in wrilten eorrerpond- ence delivered lo the City of Carl.
sbad City Clerk’s Onire at. or prior
to. the public hearing. Appliranl Aviara Land Assoriales CARLSBAD CITY COUNCIL
1
twlAllA “LAIWVWU AttGn C” 1 Yizd;i’4’
CJ 3099: Auftust 6. 1992
.~.---___
preceding the date of publication of the
notice hereinafter referred to; and that the
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:
August 06 195
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 6th
day of August, 1992
U’ L’ Clerk of the Printer
NOTICE OF PUBLIC HEARING
CT 90-31/PUD 91-4 - AVIARA PLANNING AREA 28
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, August 18, 1992, to consider an application for a Tentative Tract Map and Planned Unit Development for a 65 lot subdivision with 61 single family residential lots (minimum 10,000 square feet), 2 natural open space lots with gated entry and private streets, on a 44.1 acre
site on property generally located on the northern shore of the Batiquitos
Lagoon, south of Batiquitos Drive, in Phase II of the Aviara Master Plan, in Aviara Planning Area 28, and in Local Facilities Management Zone 19, and more particularly described as:
Portions of Section 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 Mike Grim in the Planning Department, at 438-1161, ext. 4499.
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: August 6, 1992
CARLSBAD CITY COUNCIL
AWARA IX- AREA 28 I ?Jli!!v