HomeMy WebLinkAbout1994-01-25; City Council; 12565; Aviara Phase IIIE a
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PTY OF CARLSBAD - AGWDA BILL
AVIARA PHASE III - MP 177(G)/GPA 93-06
LCPA 92-Ol/CI= 92-03/HDP 9244
I RECOMMENDED ACTION:
Both the Planning Commission and staff are recommending that the City Council direct
the City Attorney to prepare documents APPROVING the Mitigated Negative Declaration,
MP 177(G), GPA 93-06, LCPA 92-01, CT 92-03, and HDP 92-04 as recommended for
approval by the Planning Commission, and INTRODUCE Ordinance No. NS-& Y , APPROVING MP 177(G).
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ITEM EXPLANATION
On November 17, and December 1, 1993, the Planning Commission conducted public
hearings and recommended approval (7-O) of the Aviara Phase III proposal, located in the southwest quadrant of the City, north of Batiquitos Lagoon, east of the I-5 freeway and
west of El Camino Real, in Local Facilities Management Zone 19.
The Aviara Master Plan (MP 177/EIR 86-2(A)/CT 85-35/et al.), previously known as the
Pacific Rim Country Club and Resort Master Plan, was originally approved by the Carlsbad
City Council on December 8, 1987 and by the California Coastal Commission on April 12,
1988. Phase I has been subdivided, graded and partially developed, with the Aviara Golf
Course and clubhouse in full operation and almost 100 occupied single family homes.
Phase II, in the western portion of the master plan, has also been subdivided and partially
graded, with over 100 single family homes currently under site development plan review.
There are several actions contained within the Aviara Phase III proposal. The proposed
master plan amendment, local coastal plan amendment, and general plan amendment propose to alter the residential product mix, add 37 units to the previously approved plan,
adjust planning area and open space boundaries, and realign internal streets. The tentative tract map and hillside development permit propose to subdivide the property into
various neighborhoods and perform mass grading and improvement installation.
The proposed revisions to the Phase III of Aviara came about for a variety of reasons. The
alignment for Poinsettia Lane has moved northward which necessitated the relocation and
reconfiguration of some planning areas, including the community park site. The recent
listing of the California Blacktailed Gnatcatcher and the findings developed through the
City’s Habitat Management Plan have dictated the upland areas be converted to single
family development, which allowed more sensitive grading and increased habitat
preservation. The existing General Plan Combination District did not include expected
residential densities of Phase III, therefore the medium-high and high density residential
designation must be added.
The only issue of significant discussion during the Planning Commission hearing centered
around the alignment of Poinsettia Lane through Zones 20 and 21, to the west and east
of Aviara Phase III. Since this issue is rather involved, a complete discussion has been
included in the attached memorandum to the City Manager from the Assistant City
Engineer.
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PAGE 2 OF AGENDA BILL NO. ia, S66
The Aviara Phase III proposal was found to be consistent with the various elements of the
General Plan, the applicable segments of the Local Coastal Program, the applicable
sections of the Municipal Code, and the Zone 19 Local Facilities Management Plan.
Therefore the Planning Commission and staff are recommending approval of the Aviara
Phase III proposal.
ENVIRONMENTAL RJZVIEW
A Mitigated Negative Declaration was processed for the Aviara Phase III proposal, in
accordance with the California Environmental Quality Act. Mitigation measures in the
areas of geologic safety, air quality, paleontology, biology, sewer capacity, noise, and
scenic preservation have been included to reduce any potentially adverse environmental
impacts to a level of insignificance. The Mitigated Negative Declaration was circulated to
all responsible agencies for review and no comments were received.
FISCAL IMPACT
All public facilities required to serve the additional dwelling units, church/day care uses
and the community park will be constructed prior to or concurrent with development as
mandated by the Local Facilities Management Plan for Zone 19. Since these improvements
will be constructed by the developer, no negative fiscal impact will be incurred by the City.
Development of the area will increase land values thus creating a positive fiscal impact in
the form of increased property tax revenues.
GROWTH MANAGEMENT STATUS
Facilities Zone I- I 19
Local Facilities Management Plan - 19
Growth Control Point 6.0 D.U./Acre
Net Density I - I 5.31 D.U./Acre II
Special Facilities I-I C.F.D. No. 1
EXHIBlTS
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Ordinance No. EJS-d69 (MP 177(G))
Location Map
Planning Commission Resolution Nos. 3573, 3574, 3575, 3576, 3577 and 3578
Memorandum to the City Council from Assistant City Engineer, dated 12/23/93
Memorandum from staff, dated November 17, 1993
Planning Commission Staff Report, dated November 17, 1993
Excerpts of Planning Commission Minutes, dated November 17 and December 1,
1993
A
ORDINANCENO. NS-269
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA ADOPTING THE AVIARA PHASE III
MASTER PLAN AMENDMENT LOCATED IN THE SOUTHWEST
QUADRANT OF THE CITY IN LOCAL FACILITIES
ENT PLAN ZONE 19
E: AVIARA PHASE III
MP 177(G)
the City Council of the City of Carlsbad, California has reviewed
Plan Amendment for future development of the site; and
after procedures in accordance with the requirements of law, the
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City Council has determi
follows:
ublic interest indicates that said plan be approved.
ity Council of the City of Carlsbad does ordain as
a Phase III Master Plan Amendment, MP 177(G),
he Planning Department and incorporated by
Plan Amendment shall constitute the zoning for
a this property and all development of th property shall conform to the plan.
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L SECTION II: That the findi gs and conditions of the Planning Commission
in Planning Commission Resolution No. 574 shall also constitute the findings and
conditions of the City Council.
\ EFFECTIVE DATE: This ordina ce shall be effective thirty days after its
23 1 adoption, and the City Clerk shall certify to the a option of this ordinance and cause it to ‘5,)
24 be published at least once in a newspaper of get&al circulation in the City of Carlsbad
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within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a re’gular meeting of the Carlsbad City
28 Council on the day of , 1994, and thereafter
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PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Carlsbad on the day of , 1994, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEU
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MP 177(G)/LCpA 92-011
AVIARA PHASE III i GPA 9S&6/‘;To~2-03/
EXHIBIT 3
PLANNING COMMISSION RESOLUTION NO. 3573
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA RECOMMENDING
APPROVAL OF A MITIGATED NEGATIVE DECLARATION FOR
A MASTER PLAN AMENDMENT, GENERAL PLAN
AMENDMENT, LOCAL COASTAL PROGRAM AMENDMENT TO
CHANGE PLANNING AREA BOUNDARIES AND RESIDENTIAL
PRODUCT MIX, AND A TENTATIVE TRACT MAP AND
HILLSIDE DEVELOPMENT PERMIT TO SUBDIVIDE AND
ROUGH GRADE INDIVIDUAL NEIGHBORHOODS AND
STREETS IN AVIARA MASTER PLAN PHASE THREE IN LOCAL
FACILITIES MANAGEMENT ZONE 19.
CASE ,NAME: AVIARA PHASE III
CASE NO: MP 177(G)/GPA 93-06/LCPA 92-Ol/CT 92-03/HDP
92-04
WHEREAS, the Planning Commission did on the 17th day of November,
1993, and the 1st day of December, 1993, hold a duly noticed public hearing as prescribed
by law to consider said request, and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, examining the initial study, analyzing the information submitted by staff,
and considering any written comments received, the Planning Commission considered all
factors relating to the Mitigated Negative Declaration.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
as follows:
A)
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 Mitigated Negative
Declaration according to Exhibit “ND”, dated October 14, 1993, and “PII”,
dated September 30, 1993, attached hereto and made a part hereof, based
on the following findings and subject to the following conditions:
A
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Fixdims:
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 partially cleared for agriculture and contains no
sensitive animal or plant species with the exception of two areas of coastal sage
scrub habitat, one of which will be preserved and the other will be mitigated
through habitat enhancement.
3. The existing and proposed streets are adequate in size to handle the anticipated
traffic.
4. There are no sensitive resources located onsite or located so as to be significantly
impacted by the development and implementation of the master plan. .
Conditions:
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Prior to issuance of a grading permit, the applicant shall demonstrate that the
proposed grading is in conformance to the recommendations of the “Supplemental
Geotechnical Investigation for Aviara Phase III”, prepared by ICG Inc., dated
December 4, 1992, and on file in the City of Carlsbad Planning Department.
To mitigate fugitive dust and other construction-related air quality impacts, the
developer shall do the following:
. Control fugitive dust by regular watering, or other dust preventive measures; . Maintain equipment engines in proper tune; . Seed and water until vegetation cover is grown; . Spread soil binders; . Wet the area down, sufficient enough to form a crust on the surface with
repeated soakings, as necessary, to maintain the crust and prevent dust pick
up by the wind; . Street sweeping, should silt be carried over to adjacent public thoroughfares; . Use water trucks or sprinkler systems to keep all areas where vehicles move
damp enough to prevent dust raised when leaving the site; . Wet down areas in the late morning and after work is completed for the day; . Use of low sulfur fuel (0.50//o by weight) for construction equipment.
To mitigate potential paleontological impacts the developer shall accomplish the
following prior to final map approval or issuance of grading permit:
. A paleontologist shall be retained to perform a walkover survey of the site
and to review the grading plans to determine if the proposed grading will
PC RJZSO NO. 3573 -2-
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impact fossil resources. A copy of the paleontologist’s report shall be provided to the Planning Director prior to issuance of a grading permit.
. A qualified paleontologist shall be retained to perform periodic inspec-tions
of the site and to salvage exposed fossils. Due to the small nature of some
of the fossils present in the geologic strata, it may be necessary to collect
matrix samples for laboratory processing through fine screens. The
paleontologist shall make periodic reports to the Planning Director during the
grading process.
. The paleontologist shall be allowed to divert or direct grading in the area of
an exposed fossil in order to facilitate evaluation and, if necessary, salvage
artifacts.
. All fossils collected shall be donated to a public, non-profit institution with
a research interest in the materials, such as the San Diego Natural History
Museum.
. Any conflicts regarding the role of the paleontologist and the grading acti-
vities of the project shall be resolved by the Planning Director.
Prior to final map approval, the applicant shall be ‘required to: (1) consult with the
U. S. Fish and Wildlife Service (FWS) and California Department of Fish & Game
(F&G) regarding the impact of the project on the Coastal California Gnatcatcher;
and (2) be issued any permits required by the FWS and F&G.
To mitigate the loss of Coastal sage scrub habitat, Arctostaphylos glandulosa var.
crassifolia (De1 Mar Manzanita), and Comarostaphylis diversifolia (Summer holly)
in Planning Area 17, the proposed development shall demonstrate conformance to
the recommendations of the “Aviara Phase III Coastal Sage Scrub Mitigation
Program”, prepared by Planning Systems and dated September, 1993, on file in the
City of Carlsbad Planning Department, prior to the approval of any final map or
issuance of any grading permit.
To presence the connectivity of the open space corridor along the western edge of
the project, the manufactured slopes resulting from the access road to Planning Area
22 shall be planted with native species and maintained to prevent invasion by non-
native species. A landscaping plan showing this planting axid maintenance shall be
submitted to and approved by the planning Director prior to approval of final map
or issuance of grading permit.
To mitigate the potential impacts to the existing sewer system, the Batiquitos pump
station expansion shall be guaranteed prior to approval of any final map.
PC EESO NO. 3573 -3-
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To mitigate the potential noise impacts from Poinsettia Lane, the developer must
demonstrate conformance to the recommendations of the “Preliminary Noise
Analysis for Aviara Area Phase III, prepared by Mestre Greve Associates, dated
December, 1991, and on file in the City of Carlsbad Planning Department, prior to
issuance of any building permit for Planning Areas 18, 19, 20, or 32.
To mitigate potential visual impacts, no clearing and grubbing, grading, or building
permit shall be issued for the Phase III development until such time as the
undeveloped areas in Phases I and II which are owned by Aviara Land Associares
are either developed or landscaped in accordance with the City of Carlsbad
Landscape Manual, to the satisfaction of the Planning Director and City Engineer.
Recognizing that there are undeveloped portions of Phases I and II that are not
under Aviara’s ownership, Aviara Land Associates agrees to assist the City in
bringing those undeveloped portions into conformance with the provisions of the
Landscape Manual.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 1st day of December, 1993, by
the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Chairperson Noble, Commissioners: Schlehuber, Betz,
Welshons, Savary, Erwin & Hall.
None.
None.
None.
- _ I BAILEY NOB@ Chairperson
CARLSBAD PLANNING COMMISSION
PLANNING DIRECTOR
PC RESO NO. 3573 -4;
CONDITIONAL NEGATIVE DECLARATlON
PROJEXX ADDRESS/LOCATION: North of Alga Road, along future Ambrosia Lane, City
of Carlsbad, County of San Diego.
PROJJXX DESCRIPTI ON: Master Plan Amendment, Local Coastal Plan Amendment, and
General Plan Amendment to adjust neighborhood sizes, product
types, and development standards, and a Master Tentative Map
and Hillside Development Permit to subdivide and rough grade
the neighborhoods and major streets.
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 Conditional 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 Conditional Negative Declaration with supportive documents is on file in the
Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from
the public are invited. Please submit comments in writing to the Planning Department
within 30 days of date of issuance. If you have any questions, please call Mike Grim in the
Planning Department at (619) 438-1161, extension 4499.
DATED:
CASE NO:
OCTOBER 14, 1993
MP 177(G)/LCPA 92-01
CT 92-03/HDP 92-04
CASE NAME: AVIARA PHASE III
PUBLISH DATE: OCTOBER 14, 1993
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2075 Las Palmas Drive l Car&bad. California 92009- 1576 l (6 19) 438- 116 1 @
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO. MP 177(Gl/LCPA 92-Ol/GPA 93-06/CT 92-03/HDP 92-04
DATE: SEPTEMBER 30. 1993
BACKGROUND
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CASE NAME: AVIARA PHASE III
APPLICANT: AVIARA LAND ASSOCIATES
ADDRESS AND PHONE NUMBER OF APPLICANT: 2011 PALOMAR AIRPORT ROAD
SUITE 206. CARLSBAD. CA 92008
(619) 931-1190
DATE EIA FORM PART I SUBMITTED: MARCH 11. 1992
PRC -ECT DESCRIPTION: A MASTER PLAN AMENDMENT, LOCAL COASTAL PLAN
AMi?.NDMENT. AND GENERAL PLAN AMENDMENT CHANGING PLANNING AREA
BOUNDARIES AND RESIDENTIAL PRODUCT MIX: AND A MASTER TENTATIVE TRACT MAP
AND HILLSIDE DEVELOPMENT PERMIT FOR SUBDMDING AND ROUGH GRADING
[NDMDUAL NEIGHBORHOODS AND STREETS IN AVIARA MASTER PLAN PHASE THREE
(MP 177/EIR 86-2(A)).
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 significant effect on the environment. On the checklist, “NO” will be
checked to indicate this determination.
* An EIR must be prepared if the City determines that there is substantial evidence that any aspect of the
project may cause a significant effect on the environment. The project may qualify for a Negative
Declaration however, if adverse impacts are mitigated so that environmental effects can be deemed
insignificant. These findings are shown in the checklist under the headings ‘YES-sig” and ‘YES-insig”
respectively.
A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under
DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing
mitigation for impacts which would otherwise be determined significant.
h C
PH-YSICiU ElNVIRONMJZNT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES
big)
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Result in unstable earth conditions or
increase the exposure of people or property
to geologic hazards?
Apureciably change the topography or any
umque 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
(insig)
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NO
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BIOLOGICAL ENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES (S%) (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)?
tntroduce new species of plants into an area,
or a barrier to the normal replenishment of
existing species?
x
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 DtRECTLY OR INDUECTLY: FfS YES
(imig)
17. Alter the present or planned land use
of an area?
18. Substantially affect public utilities,
schools, poke, fire, emergency or other
public services?
NO
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NO
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HUMANENVIRONMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO
Result in the need for new or modified sewer
systems, solid waste or hazardous waste
control systems?
big) (insig)
Increase existing noise levels?
x
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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?
[nterfere with .emergency response plans or
emergency evacuation plans?
Obstruct any scenic vista or create an
aesthetically offensive public view? x
Affect the quality or quantity of
existing recreational opportunities?
x
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x
x
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x
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MANDATORY FINDINGS OF SIGNIFICANCE
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO 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.)
35. Does the project have the possible
environmental effects which are in-
dividually limited but cumulatively
considerable? (“Cumulatively con-
siderable” means that the incremental
effects of an individual project are
considerable when viewed in connection
with the effects of past projects, the
effects of other current projects, and
the effects of probable future projects.)
36. Does the project have environmental
effects which will cause substantial
adverse effects on human beings, either directly or indirectly?
x
x
x
X
DISCUSSION OF ENVIRONMENTAL EVALUATION
The Aviara Phase III proposal (MP 177(G)/LCPA 92-l/GPA 93-6/CT 92-3/HDP 92-4) consists of both
administrative and development permit actions. The Master Plan Amendment, Local Coastal Plan Amendment, and General Plan Amendment propose to alter the residential product mix, add 37 units
to the previously approved plan, adjust planning area and open space boundaries, and realign internal
streets. The Master Tentative Tract Map and Hillside Development Permit propose to subdivide the
property into the various neighborhoods and perform mass grading and improvement installation. The
multifamily neigh,borhoods and church/day care site will be rough graded and contain only one lot
while the single family neighborhoods will be subdivided into individual lots with separate pad
elevations.
The Aviara Master Plan (MP 177/EIR 86-2(A)/CT 85-3S/et al.), previously known as the Pacific Rim
Country Club and Resort Master Plan, was originally approved by the Carlsbad City Council on
December 8, 1987 and by the California Coastal Commission on April 12, 1988. The area comprising
Phase III of Aviara involved 490 multifamily units, 62 single family dwellings, a 13.5 acre neighborhood
commercial center, a 24.25 acre community park, and a 4.5 acre church/day care site. The current
proposal is for 449 multifamily units, 140 single family dwellings, a 13.5 acre neighborhood commercial
site, a slightly reconfigured 24.25 acre community park, and a 4.5 acre church/day care site.
Phase III represents the final phase in the Aviara Master Plan, and the area with the least environmental
constraints. The approximately 1,400 acre master plan contains a total of 647 acres of open space,
including the 387 acre Batiquitos Lagoon and associated wetlands. A 248 acre upland open space
network was approved by the City of Carlsbad and California Coastal Commission, and consists mostly
of the slopes of the predominant north-south trending drainages. The 171 acre golf course that lies along the floors of the valleys, while not counted in the 248 acres of upland habitat, does act as an
open space corridor for wildlife. The open space boundaries have been modified with previous
amendments to the master plan, however the new habitat received has always been of higher quality
than the previously designated habitat.
The area comprising Phase III has been mostly cleared of native vegetation for agriculture or disrupted
by trails and migrant worker settlements. The existing vegetation in these areas is comprised of non-
native grasses and a secondary growth eucalyptus grove. The largest undisturbed area lies along the
western portion of Phase III and is part of a larger wildlife corridor trending from north to south. This
corridor is identified in the draft “Habitat Management Plan for Natural Communities in the City of
Carlsbad”, dated July, 1993 (City HMP) and on file in the City of Carlsbad Planning Department. The
existing master plan allows substantial encroachment into this corridor, however the proposed master
plan development has removed most of these encroachments.
Another undisturbed area lies within the heart of Planning Area 17 and the Ambrosia Lane alignment.
While development has been condoned in this area by the master plan and its environmental impact
report, this area does constitute the largest contiguous removal of coastal sage scrub habitat. For this
reason, a coastal sage scrub mitigation program has been established to provide for a 1.75: 1 mitigation
ratio. The program is a combination of enhancement and revegetation and is detailed in the “Aviara
Phase III Coastal Sage Scrub Mitigation Program”, prepared by Planning Systems and dated September,
1993. Also contained in the mitigation program is a sensitive species revegetation plan that includes
up to a 1O:l replacement of existing high interest plant species. By maintaining the e;risting wildlife
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corridor and preserving/replanting the sensitive species, the project conforms to the objectives of the
City HMP.
As with previous amendments, the Phase III master plan amendment proposes to preserve more
sensitive habitat than the previously approved plan. The original plan called for multifamily development in some of the most biologically and topographically sensitive areas, with single family
development in the flatter, valley bottom. The proposed amendment would relocate the multifamily
to the flatter areas of previous agriculture and locate the less intense single family subdivisions in the
more constrained areas.
A total of 1,072,300 cubic yards of grading is needed for the rough grading of neighborhoods and
internal streets. All earthwork will be balanced on site, unless the replacement of alluviums is needed
for fill stability. All of the proposed water, sewer, and storm drain systems will connect to existing
improvements within Phase I of Aviara. Phase III will be served by Ambrosia Lane, connecting to
existing Alga Road in the south and future Poinsettia Lane in the north. As a condition of approval,
the project must also complete a circulation 10~7 involving Poinsettia Lane west to Black Rail Road,
then Black Rail Road south to existing Alga Road. The environmental impacts of the alignment of
Poinsettia Lane and Black Rail Road have been discussed in the “Program Environmental Impact Report
for the Zone 20 Specific Plan Project...“, prepared by Brian F. Mooney Associates and dated June, 1992,
on file in the City of Carlsbad Planning Department.
Considering the environmental discussions below, along with the proposed mitigation measures, no
significant, adverse environmental impact should occur as a result of the proposed Aviara Phase III
amendment.
PHYSICAL ENVIRONMENT:
1. The Phase III area is mostly comprised of a gently sloping valley, bounded by eroded slopes with
exposed bedrock, and a plateau headland in the north. The only potentially unstable earth
conditions exist in the valleys, which contain alluvial soils that will undergo post-grading
settlement, and in the ancient landslide area in the southeast portion of the site (within proposed
Planning Area 17). As recommended by the “Supplemental Geotechnical Investigations for Aviara
Phase III”, prepared by ICG Inc. and dated December 4, 1992, the settlement can be compensated
by delaying construction after grading or removing the alluvial materials from the fill, and the
landslide can be stabilized through a combination of buttress keys, earth removals and fills.
The evaluations in the geotechnical investigation show that some measures are required to
preclude geotechnical hazards within the Phase III site. Therefore, the project is conditioned to
adhere to the recommendations of the geotechnical investigation, to the satisfaction of the City
Engineer. Based upon this condition, the proposed grading for the Phase 111 Master Tentative Map
will not result in unstable earth conditions nor increase the exposure of people or property to
geologic hazards, either within the project or on adjoining properties.
2. The essential topographic trend of a valley floor with its headland to the north will remain. No
unique physical features exist since the landslide area does not even possess some typical landslide
features (such as a main scarp, infilled or open fractures, or off-set bedding planes). The steep
slopes along the western portion of Phase III will remain in their existing state and the landslide
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area will be developed in a terraced fashion to preserve the existing sloping topography.
Therefore the proposed grading for the Phase III Master Tentative Map will not appreciably
change the topography or any-unique physical feature.
3. All projects within the Coastal Zone are required’ to maintain effective soil erosioa controls and
restricted from grading during “rainy season” (October 1 through April 15). In addition, erosion
control measures such as slope landscaping, protective devices, and desiltation basins are required
by Chapter 11 of the Carlsbad Municipal Code, City of Carlsbad Engineering Standards, and the
City of Carlsbad Landscape Manual. No clearing of vegetation or grading of earth will be allowed
until the grading plans show adequate erosion control measures to preclude the erosion of soils
either on or off the site.
4. No beach sands, river or stream channels, oceans, bays, inlets or lakes exist within the Phase III
development area. The predominant drainage course travels along the valley floor, but it is not
perennial and has no substantially developed stream channel. Batiquitos Lagoon is located
approximately one mile to the south, however no modification to the lagoon is proposed with the
Phase III development. The existing desiltationldetention basins will prevent lagoon modifications
by controlling potential sedimentation and flooding that could result from urbanizing the existing
drainage pattern.
5. Grading and construction of the Phase III development will cause increased aerosol emissions in
the form of dust and engine exhaust. Occupation of the developed project area will result in an
increase of approximately 5318 average daily trips, which will incrementally add to the existing
mobile source emissions. Construction and occupation of the project area will also increase the
gas and electric power consumption, which will also incrementally contribute to air pollution
emissions. In order to reduce the level of air pollution impacts, the project is conditioned with
fugitive dust control measures and traffic reduction measures. These measures are listed in detail
in the Mitigation Measures section of this environmental impact assessment. Given the regional
nature of air quality, and the programs in the San Diego Basin Air Quality Plan, the potential air
quality impacts are lessened to the greatest extent possible.
6. The conversion of surfaces within Phase III from the currently undeveloped, sparsely vegetated
state to a developed, mostly impermeable state will result in changes in various climatological
indices (such as convective and advective air movement, surface moisture and temperature). The
level of influence is on the level of microclimatic changes and will not result in significant or
substantial changes in the surface and air energy and moisture exchanges. No odor sources are
Y proposed with the Phase III development, other than those commonly found in residentially
developed areas, therefore no substantial changes to odor levels should result.
7. The closest fresh and marine water sources (Batiquitos Lagoon and the Pacific Ocean) are a mile
and further from the project area and no alterations to their normal cycles are expected. The
existing flood water course will be channelized along a similar alignment and the
desiltation/detention basin north of the lagoon will slow the flood flow to natural rates.
Therefore, the proposed Phase III project wilI not substantially change the course or flow of
marine, fresh, or flood waters.
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8. No significant surface waters exist within the Phase III area, although ponding after flooding does
occur. Groundwater sources were detected below the alluvial valley at a depth of 15 feet and an
isolated perched groundwater table was found in the southwestern portion of the site, within
Planning Area 22. The “Supplemental Geotechnical Investigation for Aviara Phase III”, dated
December 4, 1992, states that groundwater in not expected to adversely affect the graded pads,
however remedial measures may be needed for some cut slopes. As with item number 1 above,
conformance to the recommendations of the geotechnical investigations reduces any potential
impacts to a level of insignificance.
Grading and construction of the Phase III project will incrementally reduce the public water
supply, mostly for dust prevention. Occupation of the approximately 589 dwelling units will
cause a need for approximately 130,000 gallons per day. The church/day care site should need
approximately 4,000 gallons per day. The existing public water supply is served through a 1.2~
million gallon potable water tank and a 1.25 million gallon reclaimed water tank and should
accommodate the additional water usage. In addition, construction of two 8.5 million gallon
potable water reservoirs to serve the area will commence in 1994. The project will be
conditioned such that no building permits be issued unless the Carlsbad Municipal’Water District
determines that adequate water and service is available at the time of application for water service
and will continue to be available until the time of occupancy. If the existing water supply is not
sufficient at the time of building permit application, development may be postponed until the
additional water reservoirs are operational. Therefore, as conditioned, the proposed Phase III
development will not substantially affect the quantity or quality of surface water, ground water
or public water supply.
9. No significant natural resources, such as non-renewable energy sources, mineral resources, or
prime agricultural lands, exist within the Phase 111 project area. Grading, construction, and
occupation of Aviara Phase III will incrementally increase the usage of natural resources through
gasoline, natural gas, and electrical energy consumption. Using a natural gas usage factor of 219
cubic feet per unit per year and an electric power usage factor of 15 kilowatt hours per unit per
year, occupation of the 589 dwelling units, park facility and community center should result in
less than a five percent increase in energy consumption. This additional demand is not considered
a significant increase in the usage of any natural resource or substantial amount of fuel or energy.
10. see nine above.
11. The Phase 111 project site is void of historic structures. A prehistoric special activity or temporary
camp (SDi-6819) was identified in the northwestern portion of the site, near future Poinsettia Lane. This site was investigated in 1989 and found to contain data pertinent to regional
settlement theory. In 1991, the data recovery program required by the California Environmental
Quality Act was conducted. The background and results of the data recovery are contained in
“Data Recovery at SDi-6753 and SDi-6819: Aviara Development Project...“, prepared by RECON
and dated October 3, 1991, on file in the City of Carlsbad Planning Department. There are
potentially significant fossil areas of Tertiary and Quatemary Ages within the Phase III area and,
therefore, the grading operations of the project are conditioned to be monitored by a qualified
paleontologist in case of fossil discovery.
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12.
Considering that no historic sites, stntctures or objects are on site, that the archeological data
recovery was completed, and that a paleontological mitigation measure has been placed on the
project, no significant impacts to historic or prehistoric features will occur.
The location and variety of the habitats identified within Phase III have remained relatively
unchanged since the time of the original environmental impact report (EIR 86-2(A)). The habitats
are coastal sage scrub, chamise and mixed chaparral, a secondary eucalyptus grove, disturbed
chaparral, and non-native grasslands. These conditions were verified and documented in the
“Aviara Phase III Biological Confirmation Study”, prepared by Planning Systems and dated
November, 1992. The original Phase III development approved through EIR 86-2(A) allowed
development of 85.4 acres of disturbed chaparral, 2.9 acres of the eucalyptus grove, 11.2 acres
of coastal sage scrub, and 27.8 acres of mixed and chamise chaparral. -The proposed Phase III development would reduce the encroachment into the currently preferable habitats of sage and
chaparral while increasing the removal of the less desirable eucalyptus and disturbed chaparral.
2.4 additional acres of coastal sage scrub and 7.8 additional acres of mixed and chamise chaparral
are proposed for preservation in the Phase III amendments. Of the 37.4 acres being preserved,
33 percent is coastal sage scrub habitat and 52 percent is mixed or chamise chaparral habitat.
The remainder is composed of eucalyptus and disturbed chaparral. With the exception of the
removal of non-native grasslands and the majority of disturbed chaparral area, the Phase III
proposal does not significantly affect the diversity of habitats within the project area.
With regard to the diversity of species, three sensitive plant species have been identified within Phase III. Virtually all of the Ceanothus verrucosus (Wart-stemmed Ceanothus) and
Comarostaphylis diversifolia ssp. diversifolia (Summer Holly) lies within the western areas
proposed for preservation in the revised Phase III plan. Many of the individuals to be saved are
slated for removal in the existing EIR 86-2(A). There are a number of Arctostaphylos glandulosa
ssp. crassifolia (De1 Mar Manzanita) and some Summer Holly along the eastern edge of Phase III,
within the area designated for residential development and Ambrosia Lane in Planning Area 17.
A detailed description and mapping of the high interest plant species is contained in the “Aviara
Phase 111 Sensitive Species Review”, prepared by Planning Systems and dated July, 1993. The
high interest plants are in three small groups, however these small groupings are not substantial
enough to be considered populations. Nonetheless, to maintain the diversity of plant species
within the Phase III area, both the De1 Mar Manzanita and Summer Holly will be repopulated at
a ratio of 1O:l for the De1 Mar Manzanita and 3:l for the Summer Holly. The details of the
sensitive species revegetation plan can be found in the “Aviara Phase III Coastal Sage Scrub
Mitigation Program”, prepared by Planning Systems and dated September, 1993.
Even though the new Phase III project proposes to remove 8.8 acres of coastal sage scrub rather
than the 11.2 acres in the existing master plan, a coastal sage scrub habitat enhancement program
has been prepared. The type of revegetation is based upon the slope angle and will attempt to
match native conditions. The total area of the coastal sage scrub habitat enhancement is 15.5
acres, which is a mitigation ratio of 1.75:1, which exceeds typical recommendations. Provided
that the Phase III development conforms to the recommendations of the “Aviara Phase III Coastal
Sage Scrub Mitigation Program”, dated September, 1993, no significant adverse affect to the diversity of species, habitat or numbers of any species of plants should occur.
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IX The only new species of plants proposed within Phase III are those typical domestic plants found
in residential neighborhoods. All open space and habitat enhancement areas will be monitored
and undergo weed eradication as needed to allow the normal replenishment of native species.
Therefore the proposed introduction of new plant species and configuration of open space areas
will not result in significant adverse impacts.
14. While the Phase III project area has been used for agriculture in the past, no significant crop
production is currently taking place. According to the “Soil Survey, San Diego Area”, prepared
by the U.S. Department of Agriculture and the Soil Conservation Service and dated December,
1973, the project area is covered by Chesterton and Corralitos sandy loams. These soils are only
fair to good for agricultural purposes and do not represent prime farmland. The Phase III
proposal will therefore no significantly reduce the amount of acreage of any agricultural crop or
affect prime, unique or other farmland of state or local importance.
15. There are a variety of animals species within the Phase 111 area. The “Aviara Phase III Biological
Confirmation Study”, dated November, 1992, contains a complete list of the reptiles, amphibians,
birds, and animals sighted or suspected to exist in Phase III. The original EIR 86-2(A) identified
a Polioptila melanura California (California Black tailed gnatcatcher) in the southwesterly portion
of Phase III, however the presence of gnatcatchers was not confirmed by recent observations. The
California Black tailed gnatcatcher has been listed as a federally threatened species and there is
a prohibition on the removal of coastal sage scrub habitat where a take of gnatcatchers may be
involved. Both the existing and the proposed development plans for Phase III avoid the entire
area around the location of the gnatcatcher sighting, however to insure that no adverse affect on
the gnatcatchers occur, the Phase III project has been conditioned to obtain all required approvals
and permits from the California Department of Fish and Game and the United States Fish and
Wildlife Service prior to approval of any final map or grading permit. Given the mandatory
review by the responsible agencies, and the maintenance of biodiversity discussed in item number
12 above, no significant adverse affects to the diversity of species, habitat, or numbers of any
species of animals should occur.
16. No new species of animals, other than those typically found in developed residential areas, are
proposed with the Phase III project. Fencing of all open space areas should aide in keeping
,domestic animals from adversely affecting the existing fauna to a significant degree. While
Batiquitos Lagoon offers haven for many migratory birds, there are no migratory species that
occupy Phase III. Animals currently use the golf course or the neighboring slopes for movement
to, from, and through the upland environment. The only potential deterrent to the movement of
animals is an access road to Planning Area 22 that traverses the wildlife corridor along the
western edge of Phase III. The roadway and associated grading is approximately 100 feet wide,
however the project is conditioned to replant the manufactured slopes of this roadway to reduce
the effective width of the crossing to less than SO feet. The reduction of the crossing through
revegetation will reduce the level of potential deterrence to insignifkance, and has been included
as a required mitigation measure.
HUMAN ENVIRONMENT:
17. The existing land uses within Phase III consist of residential, community park and church/day care
uses. The proposed Phase III master plan amendment contains all of these uses, however there
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is a minor shift in the proportion of single family versus multifamily residential units. Currently
the residential mix is 11 percent single family and 89 percent multifamily. The proposed
residential mix is 24 percent single family and 76 percent multifamily. Since Phase III contains
the highest density multifamily residential within the Aviara master plan, the predominance of
multifamily units in Phase III should be preserved. The shift from 89 percent multifamily to 76
percent still maintains the balance of single family and multifamily uses within the master plan.
Therefore, no significant alteration of present or planned land uses is proposed.
18. Ail public utilities required to support the proposed Phase III development have been or will be
constructed prior to or concurrent with development, as required by the City of Carlsbad Growth
Management Program and the Local Facilities Management Plan (LFMP) for Zone 19. The
proposed total dwelling unit count of 2,002 for the Atiara master plan is over 30 percent less
than that predicted by the LFMP therefore the increase within Phase III of 37 units is not
significant. The school and park sites have already been provided and an elementary school is
currently operating. The response time from Fire Station No’s. 2 and 4 to Phase III should still
meet the required S minutes for fire and emergency medical services. Other public services, such
as gas and electricity, telephone, and cable television will be installed concurrent with
construction of the remainder of the infrastructure and should be adequate to serve the Phase III
project area. No substantial effects on public utilities, schools, police, tire, emergency or other
public services should occur.
19. The sewer infrastructure serving the Aviara Phase III development area will be installed
concurrent with grading and improvement operations, however the system downstream is
currently incapable of accommodating the increase sewerage. Before reaching the En&a
Wastewater Treatment Facility, the sewerage travels to the Batiquitos sewer pump station for
pumping northward. This pump station is partially upgraded and must be fully upgraded prior
to the issuance of any building permits within Phase III of Aviara. The placement of this
condition on the project mitigates the potential sewer system impacts to a level of insignificance.
The solid waste collection is conducted by Coast Waste Management Inc., through an agreement
with the City of Carlsbad, and the service area expands to meet the needs of new development.
If any hazardous wastes are detected during soils investigations or construction operations, the
County of San Diego requires testing and proper removal of the materials. All potentially
hazardous substances that are stored on site during construction must be maintained in safe
containers and are monitored by the Carlsbad Fire Department. With the completion of the
Batiquitos sewer pump as a mitigation measure, the Phase III project will not result in the need
for new or modified sewer systems, solid waste or hazardous waste control systems.
20. A temporary increase in the ambient noise levels will occur during grading and construction
operations for the Phase III project. As required by the Carlsbad Municipal Code, no construction
activities can occur between the hours of sunset and 7:OO am on weekdays and between sunset and 8:00 am on Saturdays. No construction is allowed on Sundays or holidays, except by special
permission. The prohibition of construction-related noise during the evening and night, and the
temporary nature of the construction operations will keep the noise levels below a level of significance.
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As part of the Aviara Phase III project, Poinsettia Lane will be constructed and opened for
vehicular traffic. The traffic levels on major arterials can produce noise levels in excess of those
recommended by the City of Carlsbad Noise Policy. A noise study has been completed to assess
the potential impacts from Poinsettia Lane and recommend mitigation. Therefore, the project is
conditioned to conform to the recommendations of the “Preliminary Noise Analysis for Aviara Area
Phase III...“, prepared by Mestre Greve Associates and dated December 1991, on file in the City
of Carlsbad Planning Department. The proximity of the Aviara master plan to the McClellan-
Palomar Airport increases the potential incidence of aircraft noise. In conformance with the City
of Carlsbad Noise Policy, the master tentative map is conditioned to place an aircraft noise notice
on all properties prior to the recordation of any final map. Given the restriction on and relatively
short duration of construction activities, the mitigation measures for future Poinsettia Lane and
the required aircraft noise notices, the proposed Phase III project will not significantly increase
existing noise levels.
21. There are no new sources of light or glare proposed with the project other than those typical
sources, such as street lights, traffic headlights, and residential lighting. No particular site plan
has been prepared for the park site and subsequent environmental review will explore any
potential impacts due to ballfield lighting. Since construction operations are limited to daylight
hours, no significant sources or light of glare, should occur due to construction operations.
Therefore, no significant production of new light or glare should occur as a result of the Phase
III project.
22; As discussed in item number 19 above., all hazardous materials are required to be kept in safe
containers and their status is monitored throughout construction by the Carlsbad Fire Department.
If any hazardous substances are discovered on site, the County of San Diego monitors the safe
removal of these substances. The project therefore does not involve a significant risk of an
explosion or the release of hazardous substances.
23. The proposal for Aviara Phase [II would add 37 units to the previously approved dwelling unit
count for the phase. However, at a maximum of 2,002 units, the master plan is still below the
over 2,800 originally approved units. Reductions in the densities of Phases I and II have created
a surplus of units within the master plan, and the redistribution of residential mixes has created
the need for higher density residential near Poinsettia Lane and the community park and
church/day care site. While the densities on Planning Areas 18, 19, and 20 are increasing to an
average of 13.5 dwelling units per acre, the sites have significant setback buffers included in the
master plan development standards and are located near a major arterial with community services. Given the lower overall density of the entire master plan, and the buffering provisions built into
the planning area standards, the increase of 37 units over the approximately 118 acres of Phase
III does not represent a substantial alteration of the density or human population of the area.
24. The only existing residents of Phase III are found in small migrant worker camps, however these
encampments do not constitute habitable developments and are not counted in the overall housing
stock. The land uses proposed with the amendment are predominantly residential and easily
offset any housing demand generated by employees of the park, church, and day care. To
maintain a balance in housing opportunities the Aviara Master Plan has entered into an agreement
with the City of Carlsbad to provide its proportionate share of affordable housing. Considering
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25.
the above, no sitificant affect to existing housing or creation of housing demand will occur due
to the Phase III project.
The estimated additional traffic generated by the proposed development of Phase III would total
5,318 average daily trips (ADT). Since Ambrosia Lane and Poinsettia Lane are not yet constructed
and their maximum traffic capacity will be 10,000 ADT and 40,000 ADT respectively, no adverse
impacts on the proposed roadways should occur due to the Phase III development. The off site
effects of the traffic generated by this project have been reviewed in “Transportation Analysis for
Aviara - Phase 1, 2 and 3 Tentative Tract Maps”, prepared by Urban Systems Associates, Inc.,
dated December, 1992 and on file in the City of Carlsbad Planning Department. The Phase 111
master tentative map is conditioned to comply with all provisions of the Zone 19 Local Facilities
Management Plan and Growth Management Ordinance. Both of these documents require
circulation facilities to be improved prior to or concurrent with development. Therefore, no
‘significant adverse impacts due to the additional traffic generation of Aviara Phase III should take
place.
26. There only existing parking facility within Phase III is the master plan recreational vehicle (RV)
storage site, located in the southwest portion of the site, in Planning Area 23. No grading is
proposed near the RV site and the eventual commercial development of Planning Area 23 will not
encroach into the RV storage area. All demand for additional parking will be provided concurrent
with development, as required by the Carlsbad Municipal Code and the Aviara master Plan
development standards. The RV storage requirements for Phase III can be accommodated in the
master plan storage area. Therefore, the proposed project will not affect existing parking facilities
or create a large demand for new parking.
27. The principal thoroughfare within the Aviara master plan is Alga Road, a major arterial
connecting Ranch0 Santa Fe Road and El Camino Real eventually to Interstate 5. No interruption’
to the normal flow of traffic along Alga Road is proposed or expected with the Phase III project.
There is an unimproved, undedicated access road traversing the northern portion of Phase III, just
north of the future alignment of Poinsettia Lane. This access is currently a common ingress and
egress route for the agricultural operations on nearby properties. The construction of Poinsettia
Lane, both westerly off site to Black Rail Road and easterly to the project boundary, shall include
connection of the new roadway to the existing unimproved access. The Phase III proposal will
not adversely impact transportation systems or significantly alter present patterns of circulation
or movement of people and/or goods.
28. No waterborne, rail or air traffic use the Phase III site directly. Batiquitos Lagoon is restricted
from any waterborne traffic and the closest rail line is the At&son Topeka and Santa Fe line east
of Interstate 5. The proximity of the Aviara master plan to the McClellan-Palomar Airport subjects
the Phase III area to aircraft overflight, however no height restrictions are necessary since the
aircraft are flying at sufficient altitude. The Phase III proposal will not significantly alter waterborne, rail or air traffic.
29. The grading and construction of the Phase III development is confined to the existing undeveloped
portions and no significant operations are needed within existing traffic routes. If imported fill
is required for geologic reasons, all trucks must follow a haul route approved by the City
Engineer. All operations involving any disruption of traffic flow requires a traffic control plan to
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30.
31.
32.
33.
34.
be approved by the City Engineer. The improvement of Poinsettia Lane and Black Rail Road off
site will decrease traffic hazards along these unimproved traffic routes. Therefore, the Phase III
project will not significantly increase traffic hazards to motor vehicles, bicyclists or pedestrians,
The Phase III site is not included as a part of any City-wide or local emergency response or
evacuation plans. An all-weather emergency access is required to maintained th,mughout grading
and construction and all emergency response or evacuation needs are monitored by the Q&bad
Fire Department. The Phase III proposal will not adversely interfere with emergency response
plans or emergency evacuation plans.
The depressed topography of the Phase III project area reduces its amount of visual exposure. No
prominent features or proposed development would obstruct andy scenic vistas. AS discussed in
the “Aviara Phase III Visual Analysis”, prepared by Planning Systems, dated November, 1992, and
on file in the City of Carlsbad Planning Department, the Phase III development will be visible from
El Camino Real and Alga Road. The remainder of the Aviara master plan area is extremely visible
from many public views and is currently graded and relatively vacant. Even though Phase III is
not a visually predominant area, the clearing and grading of the final phase would produce
significant visual affects if the remainder of the master plan remained partially developed. Some
“filling-in” of Aviara Phases I and II must occur prior to the clearing or grading of Phase III to
reduce visual impacts to an acceptable level. A mitigation measure restricting the timing of
grading of Phase III has therefore been placed upon the project, with the City Engineer and Planning Director possessing discretion on the necessary treatment of Phases I and II. Given this
mitigation measure, the Phase III project will not obstruct any scenic vista or create an
aesthetically offensive public view.
Except for illegal motorcycle and bicycle activity, no recreational opportunities currently exist
within the Phase III development area. The 589 dwelling units proposed within Phase III will
produce a demand of approximately four acres of park facilities. The 24.25 acre community park
within Phase III will accommodate this demand and the remainder of the park demands within
the Aviara master plan and the neighboring properties. The Phase III project will therefore not
adversely affect the quality or quantity of existing recreational opportunities.
As discussed in the preceding text, the proposed Phase III project does not have the potential to
substantially degrade the quality of the environment, substantially reduce the habitat of a fish or
wildlife population to drop below self-sustaining levels, threaten to eliminate a plant of animal
community, reduce the number or restrict the range of a rare or endangered plant or animal, or
eliminate important examples of the major periods of California history or prehistory. The
proposed development is more sensitive to topographical and ecological constraints than the
previously approved EIR 86-2(A) and all archeological data recovety has been completed.
Some short-term impacts will result from the project, as detailed above. The mitigation for
several impacts involves enhancement or replanting which will take time to establish. The long
term environmental advantage of enhanced and increased native open space justifies potential
short-term impacts. All long-term facility impacts are monitored and compensated by the
administration of the City Growth Management Program. The Phase III proposal does not have
the potential to achieve short-term, to the disadvantage of long-term environmental goals.
35: As detailed above, the proposed Phase III development is consistent with the City HMP, the
applicable Local Facilities Management Plan, and other previously approved planning documents.
All potential impacts will be mitigated to an individual level of insignificance and conformance
with area-wide planning documents precludes cumulative impacts. The Phase III project does not
have the possible environmental effects which are individually limited but cumulatively
considerable.
36. All human related impacts are either naturally, or through mitigation, insignificant. As discussed
in items 17 through 32 above, no substantial adverse effects on human beings, either direct or
indirect, are expected to occur.
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ANALYSIS OF VIABLE ALTERNATIVES TO THE PROPOSED PROJECT SUCH AS:
W
c>
f)
g)
MG:lh
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 Phase III master tentative map and associated grading is necessarily dependent and must
be accomplished in one phase. All infrastructure and improvements are necessary for the
eventual development of the project and must be installed prior to the construction of
neighborhoods. Phasing of the grading or improvements would not offer environmental
advantages and would increase the possibility of future facility impacts.
The Phase III site design has been modified from that currently approved and condoned by
EIR 83-2(A). Alternate site designs would likely increase encroachment into habitat or
heavily sloping topography and would produce more environmental impacts.
The scale of the development is in keeping with all existing approvals, including the Carlsbad
General Plan, the Zone 19 Local Facilities Management Plan, and the applicable Local Coastal
Programs. A reduction of the scale of development could upset the housing balance or reduce
the amount of available community and commercial services. An alternate scale of
development would not provide a viable, environmentally preferable project.
All related planning documents call for mostly low to medium density residential development
within the Phase III area, with a community park and service site. Alternate uses of the site
would be in conflict with all planning documents and would not increase the environmental
sensitivity of the project.
The postponement of development does not necessarily offer environmental advantages. As
population in the southwest quadrant of the City increases, so does the need for the Aviara
community park. Also, the proposed open space enhancement and replanting programs will
take some time to establish themselves. The potential environmental impacts of the project
are not time-dependent and no advantage would be gained from delaying development.
The Aviara Phase III proposal is specifically designed for the existing’ constraints and
opportunities of the third phase of Aviara. Relocation of the project outside of the master
plan is neither logical nor necessary.
Since the Phase III project area is planned for development in the Carlsbad General Plan, the
Zone 19 Local Facilities Management Plan, and the applicable Local Coastal Programs, the no
project alternative would no be in conformance with these documents. In addition, the park
facility and Poinsettia Lane are necessary for the continued development of the surrounding
area. The no project alternative would not produce environmentally advantages.
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DETERMINATION (To Be Completed By The Planning Department)
On the basis of this initial evaluation:
- I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE
DECLARATION will be prepared.
- 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 certified environmental documents and no additional environmental review is required.
Therefore, a Notice of Determination has been prepared.
X I find that although the proposed project could have a significant effect on the environment, there will
not be a significant effect in this case because the mitigation measures described on an attached
sheet have been added to the project. A Conditional Negative
Declaration will be prepared.
- I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL
IMPACT REPORT is required. /
/ / , - ? _, L/j 2 .J
Date
/o-7- q-3
Date
LIST MITIGATING MEASURES (IF APPLICABLE1
1. Prior to issuance of a grading petmit, the applicant shall demonstrate that the proposed grading is in
conformance to the recommendations of the “Supplemental Geotechnical Investigation for Aviara Phase
III”, prepared by ICG Inc., dated December 4, 1992, and on tie in the City of Carlsbad Planning
Department.
2. To mitigate fugitive dust and other construction-related air quality impacts, the developer shall do the
following:
l Control fugitive dust by regular watering, or other dust preventive measures;
l Maintain equipment engines in proper tune;
l Seed and water until vegetation cover is grown;
l Spread soil binders;
. Wet the area down, sufficient enough to form a crust on the surface with repeated soakings, as
necessary, to maintain the curst and prevent dust pick up by the wind;
l Street sweeping, should silt be carried over to adjacent public thoroughfares;
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l Use water trucks or sprinkler systems to keep all areas where vehicles move damp enough
to prevent dust raised when leaving the site;
. Wet down areas in the late morning and after work is completed for the day; . Use of low sulfur fuel (0.5% by weight) for construction equipment.
3. To mitigate potential paleontological impacts the developer shall accomplish the following prior
to final map approval or issuance of grading permit:
. A paleontologist shall be retained to perform a walkover survey of the site and to review
the grading plans to determine if the proposed grading will impact fossil resources. A
copy of the paleontologist’s report shall be provided to the Planning Director prior to
issuance of a grading permit.
. A qualified paleontologist shall be retained to perform periodic inspections of the site and
to salvage exposed fossils. Due to the small nature of some of the fossils present in the
geologic strata, it may be necessary to collect matrix samples for laboratory processing
through fine screens. The paleontologist shall make periodic reports to the Planning
Director during the grading process.
. The paleontologist shall be allowed to divert or direct grading in the area of an exposed
fossil in order to facilitate evaluation and, if necessary, salvage artifacts.
l All fossils collected shall be donated to a public, non-profit institution with a research
interest in the materials, such as the San Diego Natural History Museum.
. Any conflicts regarding the role of the paleontologist and the grading activities of the
project shall be resolved by the Planning Director.
4. Prior to final map approval, the applicant shall be required to: (1) consult with the U. S. Fish and Wildlife Service (FWS) and California Department of Fish & Game (F&G) regarding the impact
of the project on the Coastal California Gnatcatcher and; (2) be issued any permits required by
the EWS and F&G.
5. To mitigate the loss of Coastal sage scrub habitat, Arctostaphylos glandulosa var. crassifolia (De1
Mar Manzanita), and Comarostaphylis diversifolia (Summer holly) in Planning Area 17, the
proposed development shall demonstrate conformance to the recommendations of the “Aviara
Phase III Coastal Sage Scrub Mitigation Program”, prepared by Planning Systems and dated
September, 1993, on file in the City of Carlsbad Planning Department, prior to the approval of
any final map or issuance of any grading permit.
6. To preserve the connectivity of the open space corridor along the western edge of the project, the
manufactured slopes resulting from the access road to Planning Area 22 shall be planted with
native species and maintained to prevent invasion by non-native species. A landscaping plan
showing this planting and maintenance shall be submitted to and approved by the planning
Director prior to approval of final map or issuance of grading permit.
-19-
7. To mitigate the potential impacts to the existing sewer system, the Batiqdtos pump station
expansion shall be completed and operational prior to approval of any final map or issuance of
any building permit.
8. To mitigate the potential noise impacts from Poinsettia Lane, the developer must demonstrate
conformance to the recommendations of the “Preliminary Noise Analysis for Aviara Area Phase
[II, prepared by Mestre Greve Associates, dated December, 1991, and on file in the City of
Carlsbad Planning Department, prior to issuance of any building permit for Planning Areas 18,
19, 20, or 32.
9. To mitigate potential visual impacts, no clearing and grubb,ing, grading, or building permit shall
be issued .for the Phase III development until such time as the undeveloped areas in Phases I and
II are either developed or landscaped to the satisfaction of the City Engineer and Planning
Director.
-2o-
C
APPLICANT CONCURRENCE WTH MITIGATING MEASURES
THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES
AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT.
’ I !3 L i’s3
Date !
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- APPENDMP -
ENvlnd. .ENT.AL MITIGATION MONlTORIh~ t XKLIsT Page 1_ of L
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PLANNING COMMISSION RESOLUTION NO. 3574
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A MAJOR MASTER PLAN AMENDMENT TO
THE AVIARA MASTER PLAN TO CHANGE PLANNING AREA
BOUNDARIES, INTERNAL STREET ALIGNMENT AND
RESIDENTIAL PRODUCT MIX WITHIN THE THIRD PHASE OF
AVIARA ON PROPERTY GENERALLY LOCATED ALONG
FUTURE AMBROSIA LANE NORTH OF ALGA ROAD IN LOCAL
FACILITIES MANAGEMENT PLAN ZONE 19.
CASE NAME: AVIARA PHASE III
CASE NO: MP 177(G)
WHEREAS, a verified application for certain property, to wit:
A portion of the east half of the southeast quarter of Section
22, and a portion of the north half of Section 27, all in
Township 12 South, Range 4 West, San Bernardino Meridian,
in the City of Carlsbad, County of San Diego, State of
California according to official plat thereof, as shown on
Record of Survey No. 10774, recorded in the Office of the San
Diego County Recorder, October 30, 1986.
has been filed with the City of Carlsbad, and referred to the Planning Commission; and
WHEREAS, said 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 November,
1993, and on the 1st day of December, 1993, 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 MP 177(G); and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
as follows:
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A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL of MP 177(G), according to Exhibit “X”, dated
November 17, 1993, based on the following findings and subject to the
following conditions.
Findinns:
1.
2.
3.
4.
5.
6.
7.
8.
The proposed development as described by the master plan amendment is consistent
with the provisions of the general plan and all applicable segments of the local
coastal program.
All necessary public facilities can be provided concurrent with need and adequate
provisions can be provided concurrent with need and adequate provisions have been
provided to implement those portions of the capital improvement program
applicable to the subject property.
The residential and open space portions of the community will constitute an
environment of sustained desirability and stability that will be in harmony with, or
provide compatible variety to, the character of the surrounding areas. The sites
proposed for public facilities are adequate to serve the anticipated population and
appear acceptable to the public authorities having jurisdiction thereof.
The proposed commercial uses of the master plan will be appropriate in area,
location and overall design to the purpose intended. The design and development
standards established are such as to create an environment of sustained desirability
and stability. Such development will meet performance standards established by
Title 21 of the Municipal Code.
The proposed institutional, recreational and other similar nonresidential uses, such
development will be proposed, and surrounding areas are protected from any
adverse effects from the development.
The streets and thoroughfares proposed are suitable and adequate to carry the
anticipated traffic thereon.
Any proposed commercial development will be justified economically at the location
proposed and will provide adequate commercial facilities of the types needed at such
location proposed.
The area surrounding the development is, or can be, planned and zoned in
coordination and substantial compatibility with the proposed development.
PC RESO NO. 3574 -2-
- -
9. Appropriate measures are proposed to mitigate adverse environmental impacts as
1 noted in the adopted mitigated negative declaration for the project.
2 II Conditions:
3 1 . Approval is granted for MP 177(G), as shown on Exhibit ‘X’, dated November 17,
4 1993, incorporated by reference and on file in the Planning Department.
5 2. Approval of MP 177(G) is granted subject to the approval of GPA 93-06, LCPA 92-
6 01, CT 92-03, HDP 92-04, and the Conditional Negative Declaration, Planning
Commission Resolutions No’s. 3.573, 3575, 3576, 3577, 3578; on file in the
7 Planning Department and incorporated herein by reference, and subject to all
conditions contained therein.
a
9 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
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Commission of the City of Carlsbad, California, held on the 1st day of December, 1993, by
the following vote, to wit:
AYES: Chairperson Noble, Commissioners: Schlehuber, Betz,
Welshons, Savary, Erwin & Hall. 13
14 NOES: None.
ABSENT: None.
16 ABSTAIN: None. I
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20 ATTEST:
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Planning Director
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PC RESO NO. 27 3574
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-3-
*- *
NtNG COMMISSIQN
EXHIBIT ‘X
Dated November 17,1993
PFWSE m
MASTER PLAN AMENDMENT
REPLACEMEW PAGES
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PLANNING Al?&4 17: WSXPJGU FmY RESI’DEm
DESCRIPTION:
This M 25.1 acre planning area includes v single family
detached homes. The neighborhood is bounded to the east by “A” Street and to the west by the 14th and 15th holes of the golf course. The boundary with Planning Area 21 to the northwest is buffered by a natural open space area.
DEVELOPMENT STANDARDS; W R-l-7500
~11 development in Planning Area 17 shall conform to the development standards I . . of the m ipp 21 4GG98+ . . R-1-7500 One
Family Residential Zone described in Chapter'21.10 unless otherwise stated in
this chapter.
USE ALLOCATION: haximum of m 43 single family residential units (W 1.7
DU/AC). Private recreation facilities 4~11 L w are allowed in conjunction with the residential units.
ITTED USES; %l:L W Single family residential housing. Private recreation
facilities A&& may also be included in this planning area.
. SITE DEVEl.OPMENT WS.
The maxi- height is 30 feet as measured to the peak of the highest roof ,e E . . - At least 5-Q% 15% of the stnxtures . . in this Planning Area shall be no more than - one story and shall not exceed a height of 22 feet to the roof peak. -2. 'w
Setbacks: The setback along “A” Street shall be not less than 35 20 feet for all structures. m 0 The minimum front yard setback for structures along
interior streets shall be not less than 44 20 feet. 1
. . -1-11 All structures
shall be setback a minimum of 25 feet from the planning area boundary. Tke . . . . - All other setbacks shall be in . conformance with Section 21.10 of the Carlsbad lfunicipal Code.
Parking shall conform to the standards of Chapter 21.44 of the Carlsbad
Municipal Code.
Natural Slopes (to be preservec
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Design Criteria - Planning Area I7 Exhibit V- 18
136
SPECIAL DESIGN CRITERU :
Desian:
All community-wide design standards described in Section A of Chapter Iv shall
be embodied in the architecture of this planning area. The following specific guidelines shall be embodied in the architecture of this planning area. The following specific guidelines shall also be included for this planning area:
. As shown on the Special Design Criteria exhibit for this planning
area, the identified natural slopes shall be preserved and
maintained as open space.
t Strong architectural relief features shall be incorporated into all
structures visible from “A” Street.
* Buildings in this neighborhood shall relate strongly to the sloping
site and shall avoid large flat pad areas.-
* Curvilinear streets shall be combined with varied building setbacks
to strengthen the mediterranean hilltown appearance of the planning
area.
* Outdoor courtyards, patios and plazas should be included whenever
possible.
* Special attention shall be given to the incorporation of adjacent
open space area and golf course as an amenity to the neighborhood.
Pntrv Treatment:
A neighborhood entry way shall be located along the "A" Street frontage.
An open fence shall be located at the top of slope in all developed areas
adjacent to the golf course or other open space areas. m
All connnunity-wide landscape standards described in Section A, Conrmunity
Design Elements of Chapter IV shall be incorporated into this planning area.
In addition, the following specific landscape concepts shall be included in
the development of this planning area:
* Landscaping shall be incorporated to screen all structures and
parking facilities from “A” Street.
* Views to and from the golf course and lagoon shall be preserved.
l Common streetscape areas shall conform to community requirements.
Street trees, landscape planting intensity zones, paving, entry
monuments, irrigation systems, walls, fences, lighting, etc., have
been pre-detennined to provide consistency in design and quality.
137
* Existing trees identified during p meter
Tentative Map review shall be preserved.
l A fire suppression zone subject to the approval of the Planning
Director and Fire Marshal shall be established between
native/naturalised areas and structures. The fire suppresoion plan should incorporate structural setbacks from native areas in
combination with a program of selective thinning of native
vegetation subject to the approval of the Planning Director.
Street Trees:
The dominant street, tree in this planning area shall be Evergreen Pear (Pyrus
kawakami) and Rusty Leaf Fig (Ficus rubiginosa) or another developer selection
may be utilized as a support tree.
Open Soace:
The manufactured slope areas shall be maintained as open space. Additional
areas along the western boundary of the planning area shall be maintained as
natural open space including eucalyptus groves located at the northwest and
southwest corners of the planning area which may be thinned. A tree thinning
plan shall be submitted to the Planning Director for approval. The above open
space areas shall be maintained by the community open space maintenance
district.
Trajls :
The portion of the major community trail located along the golf course within
the planning area shall be constructed as a condition of development for this
planning area.
Gradiap:
Any development within this planning area shall comply with the City's
Hillside 08V8lOpm8nt Regulations and the Slope and resource PreSerVatiOn
pol'icies of the underlying local coastal program and subsequent coastal
permit. Any application for develoment within this planning area shall
require a slope analysis/biological resource map during v
Tentative Map review.
138
DESCRIPTION: This W 11.6 acre planning area provides multi-family attached residential
units. The neighborhood is bound to the north by m Planning
Area 20 and to the southwest by "A" Street.
DEVELOPMENT ST.WDARDS: PD
All development in Planning Area 18 shall conform to the development standards
of the PD Ordinance (Carlsbad Municipal Code, Chapter 21.45.090) unless
otherwise stated in this chapter.
USE XLLOCATION:
G 145 multi-family residential units are allowed by the Growth Management
Control Point (% 12.5 DU/AC).
Private recreation facilities are required in conjunction with the residential
units.
PERMITTED USES:
Multi-family residential housing. Recreational facilities.
SITE DEVET,OPMENT STANDARDS:
Heieht:
The maximum height shall not exceed 35 feet. All heights shall be determined
per Section 21.04.065 of the Carlsbad Municipal Code. At least SO% of the structures in this Planning Area shall be no more than two stories in height.
Where three story structures are proposed, no more than one-half of the
structure shall be three stories in height.
Setbacks:
Z The minimum setback along the easterly planning area boundary shall be 50 feet fully landscaped for structures and open parking. Front yard setbacks from other streets and drives shall be in conformance with Section 21.45.090(b) of the Carlsbad Municipal Code. The minimum building separation shall be 20 feet. The minimum setback from the
public utility easement shall be 30 feet.
Parking shall conform to the standards of Chapter 21.44 of the Carlsbad
Municipal Code.
139
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Design Criteria - Planning Area 18 Exhibit V-l 9
140
SPFCIqLeESIGN CR-:
All community-wide design standards described in Section A of Chapter IV shall be embodied in the architecture of this planning area. The following specific guidelines shall also be included for this planning area:
x Buildings in this neighborhood shall relate strongly t the sloping site and shall avoid large flat pad areas by the incorporation of stepped building footprints.
*’ Curvilinear streets shall be combined with varied building setbacks to strengthen the mediterranean hilltown appearance of the planning
area.
* Strong architectural relief features shall be incorporated into all structures visible from Poinsettia Lane.
-k Outdoor courtyards, patios and plazas shall be included.
Fencing:
A-w&d An open fence e-r
we& shall be required along the easterly planning area boundary.
UndscaDe: All community-wide landscape standards described in Section A, Community Design Elements of Chapter IV shall be incorporated into this planning area. In addition, the following specific landscape concepts shall be included in the development of this planning area:
* Common streetscape areas shall conform to community requirements.
Street trees, landscape planting intensity zones, paving, entry
monuments, irrigation systems, walls, fences, Lighting, etc., have
been pre-determined to provide consistency in design and quality.
* Landscaping adjacent to the public utility corridors shall utilize
trees, shrubs and walls to visually screen utility structures and provide security and privacy for the homeowner.
* Existing trees identified during v Hastar Tentative Map review shall be preserved.
* A fire suppression zone subject to the approval of the Planning Director and Fire Marshal shall be established between
141
native/naturalized areas and structures. The fire suppression plan should incorporate structural setbacks from native areas in
combination with a program of selective thinning of native
vegetation subject to the approval of the Planning Director.
* Where parking lots are provided, a minimum 320 square foot
Landscaped island shall be provided for every ten parking spaces.
Resident parking vi&in the SDG&E easement shall be minimized.
* Passive kecreational uses may be alloved vithin the SDG&E easement.
Active uses shall be avoided vlthfn this easement.
Street Trees:
1 The tree style for this planning shall be
informal.
9-n SDace: Manufactured slopes along the easterly planning area boundary e e shall be maintained as open space. This area shall be maintained by the community open space maintenance district.
Trails: portion of the major
community trail system shall meander through the SDG&E easement from the south
east to the north vest portions of the Planning &tea. The onsite sections of
this trail shall be constructed as a condition of development for this planning area.
- . Grad- Any development within this planning area shall conrply vith the City's Hillside Development Regulations and the slope and resource preservation
policies of the underlying local coastal program and subsequent coastal
permit. Any application for development within this planning area shall
require a slope analysis/biological resource map during Clr- Tentative Map review.
142
DESCRIPTION: This 9.3. acre planning area includes multi-family residential units. The neighborhood is located on the northerly side of Poinsettia Lane along the
easterly boundary of the Master Plan area. Pacific Rim Park of Planning Area 32 is adjacent to the west and north side of the planning area.
DNELOPnENT STANDARDSi PD All development in Planning Area 19 shall conform to the development standards of the PD Ordinance (Carlsbad Municipal Code, Chapter 21.45.090) unless otherwise noted in this Chapter.
USE ALLOCATION:
iuc 184 multi-family residential units are allowed by the Growth Management
control Point (M 19.8 DU/AC), hovever this number may be increased if
Planning Area 19 is utilized to comply with Aviara's obligation for
Inclusionary Affordable housing to the extent that excess units are available within the Avlara Master Plan area. Private recreation facilities are required in conjunction with the residential
units.
USES: Multi-family residential housing. Recreational facilities.
SITE DEVELOPMENT Sm
The maximum height in this planning area shall not exceed 35 feet. All
heights shall be determined per Section 21.04.065 of the Carlsbad Municipal
Code. Structures shall not exceed 28 feet in height within 50 feet of the
park. At least 50% of the structures in this Planning Area shall be no more than tvo stories in height. ,Where three story: structures are proposed, no more than one-half of the structure shall be three stories in height.
Setbacks;
The minimum setback from the Poinsettia Lane right-of-way shall be 50 feet for stactures and 30 feet for open parking. All open parking shall be fully
screened from Polnseetia Lane. The minimum front yard setback along "2"
Street shall be 20 feet for structures and 15 feet for open parking. No direct garage access shall be taken from "2" Street. Frontyard setbacks from other streets and drives shall be in conformance vlth Section 21.45.090(b) of the Carlsbad Municipal Code. The minimum setback along the easterly planning
area boundary shall be 50 feet for structures and 40 feet for open parking.
The minimum setback from the park shall be 30 feet. All undeveloped areas
adjacent to the park shall be landscaped and well maintained. All open
parking shall be screened from the park site and Poinsettia Lane. The minimum
building separation shall be 20 feet.
143
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@ scmic Point
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. *
. Design Criteria - Planning Area .I9 Exhibit V- 120
144
Parking shall conform to the standards of Chapter 2l.U of the Carlsbad Municipal Code.
SP5CIAL DESIGN CRITERIA:
All community-wide design standards described in Secti0n.A of Chapter IV shall
be embodied in the architecture of this planning area. The following specific guidelines shall also be included for this planning area:
* Buildings in this neighborhood shall relate strongly to the sloping site and shall avoid large flat pad areas by the incorporation of
Stepped building footprints.
* Curvilinear streets shall be combined with varied building setbacks to strengthen the mediterranean hilltown appearance of the planning
area.
Jr Strong architectural relief features shall be incorporated into all structures visible from Poinsettia Lane and the adjacent parkland.
* Outdoor courtyards, patios and plazas shall be included.
* Special attention shall be given to incorporate the adjacent park
areas as an amenity to the neighborhood.
Entrv Treatment:
A major entry way shall be located at the intersection of Poinsettia Lane and "2" Street.
Fencing: Traffic noise along Poinsettia Lane shall be attenuated if required through the incorporation of a solid masonry wall, earthen berm or combination of the
tW0. An open fence or wall shall be located along the planning area boundary adjacent to the park site. A decorative solid fence or wall shall be located along the easterly planning area boundary.
All community-wide landscape standards described in Section A, Community Design Elements of Chapter IV shall be incorporated into this planning area. In addition, the following specific landscape concepts shall be included in the development of this planning area:
* Common streetscape areas shall conform to community requirements. Street trees, landscape planting intensity zones, paving, entry monuments, irrigation systems, walls, fences, lighting, etc., have been pre-determined to provide consistency in design and quality.
* Landscaping and benning shall be required to screen all structures
and open parking from Poinsettia Lane, the adjacent park to the
north and the adjacent property to the east.
145
* Existing trees identified during E.'-- hster Tentative Map review shall be preserved.
* A fire suppression zone subject to the approval of the Planning
Director and Fire Harshal shall be established between native/naturalized areas and structures. The fire suppression plan should incorporate structural setbacks from native areas in combination with a program of selective thinning of native vegetation subject to the approval of the PLanning Director.
Jr rti%ere parking Lots are provided, a minimum 320 square foot landscaped island shall be provided for every ten parking spaces.
Street Trees: The dominant street tree along Poinsettia Lane shall be London Plane Tree
(Platanus acerifolius) and the support tree shall be the Southern Magnolia
(Magnolia grandiflora) or an alternate selected by the developer.
Open Soace:
Manufactured slopes areas shall be maintained by the community open space
district.
Grading:
Any development within. this planning area shall comply with the City's Hillside Development Regulations and the slope and resource preservation policies of the underlying local coastal program and subsequent coastal
permit. Any application for development within this planning area shall require a slope analysis/biological resource map during v Tentative Map review.
Affordable Housinn: If Planning Area 19 is utilized to satisfy Aviara's obligation for Inclusionary Affordable Housing, the above development standards and Special Design criteria may be waived or modified as approved by the City.
146
-
P-G AREA 20. .
bfms”I F=Y RE-CDWIT&
m
. DESCRJJTION, This'- 13.2 acre planning area includes multi-family residential units. The
site is bounded by Poinsettia Lane to the north, "A" Street to the v vest . and 5 Planning Area 18 to the southeast. A %G 100 foot public utility easement is Located &LW&R on a portion of the planning area.
DRVELOPMENT STANDARDS: PD All development in Planning Area 20 shall conform to the development standards of the PD Ordinance (Carlsbad Municipal Code, Chapter 21.45.090) unless othelrwise noted in this chapter.
USE &LOCATION; 36 120 multi-family residential units are allowed by the Growth Management
control Point (W 9.1 DU/AC). Private recreation facilities are required in conjunction with the residential
units.
ED USES: Multi-family residential housing. Recreational facilities.
SITE DEVELOPMENT STAMWi2&
The maximum height in this planning area is 35 feet. All heights shall be determined per Section 21.04.065 of the Carlsbad Municipal Code. At least 50%
of the structures in this Planning Area shall be no more than two stories in height. Where three story structures are proposed, no more than one-half'of
the structure shall be three stories in height.
. Setbacks. The minimum setback from WrAw Street shall be 20 feet for structures and 15 feet for open parking. The minimum building setback from the Poinsettia Lane . right-of-way shall be 40 feet. 1
m The minimum setback from public utility easement shall be 30 . feet. Front yard setback from other streets and drives shall be in conformance with Section 21.45.090(b) of the Carlobad Municipal Code. The minimum building separation shall be 20 feet.
Parking shall conform to the standards of Chapter 21.44 of the Carlsbad Municipal Code.
\
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Design Criteria - Planning Area 20 Exhibit V- 21
~11 community-wide design standards described in Section A of Chapter IV shall
be embodied in the architecture of this planning area. The following specific
guidelines shall also be included for this planning area:
* Buildings in this neighborhood shall relate strongly to the sloping
site and shall avoid Large flat pad areas by the incorporation of stepped building footprints.
+ Curvilinear streets shall be combined with varied building setbacks
co strengthen the mediterranean hilltown appearance of the planning
area.
* Outdoor courtyards, patios and plazas shall be included.
* As shown on the Special Design Criteria exhibit, the identified natural slopes shall be preserved and maintained as open space.
* Strong architectural relief features shall be incorporated into all structures visible from Poinsettia Lane and "A" Street.
utrv Treatment: A major entry shall be located along the southerly side of Poinsettia Lane at the intersection of "A" Street. - Jlvtf @ “ccct-
Fencing: An open fence shall be located along the F southerly boundary. 4
shall be located along the Poinsettia Lane frontage.
bndscape: All comknity-wide landscape standards described in Section A, Community Design Elements of Chapter IV shall be incorporated into this planning area. In addition, the following specific landscape concepts shall be included in
the development of this planning area:
* Landscape screening of structures shall be incorporated to soften the-view of these structures from "A" Street and Poinsettia Lane.
* Common streetscape areas shall conform to community requirements. Street trees, landscape planting intensity zones, paving, entry monuments, irrigation systems, walls, fences, lighting, etc., have been pre-determined to provide consistency in design and quality.
* Landscaping adjacent to the public utility corridors shall utilize trees, shrubs and walls to visually screen utility structures and
provide security and privacy for the homeowner.
* A fire suppression zone subject co the approval of the Planning
Director and Fire Marshal shall be established between
149
native/naturalizad areas and structures. The fire suppression plan should incorporate structural setbacks from native areas in
combination with a program of selective thinning of native
vegetation subject to the approval of the Planning Director.
* Where parking lots are provided, a minimum 320 square foot landscaped island shall be provided for every ten parking spaces.
* The northeast corner of the Planning Area at the intersection of Poinsettia Lane and "A" Street shall be richly landscaped.
Street Trees: Street tree style shall be informal. The dominant tree shall be Southern
Magnolia (Magnolia grandiflora). The support tree may be Flame Tree
(Brachychiton acerifolia) or an alternative selected by the developer.
Trails:
A portion of the major'community trail located along Poinsettia Lane is located within this planning area. A second major community trail w
-1--- shall consist of a meandering sidewalk along the
easterly side of Ambrosia Lone from Poinsettia Lane to its connection with the
SDGdE easement trail Ln the southvest corner of the planning area. attke .
. The onsite portion of these trails shall be
constructed as a condition of development for this planning area.
any development within this planning area shall comply with the City's
Hillside Development Regulations and the slope and resource preservation
policies of the underlying local coastal program and subsequent coastal
permit. Any application for development within this planning area shall
require a slope analysis/biological resource map during v
Tentative Map review.
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. G AREA 21. V SINGLE FA&f ILY RESIDE)J’nq
DESCRIPTION: This W 30.4 acre planning area provides for v single
family detached homes. The neighborhood fronts on +"A" Street to the uea-e . . north and east, -2:;: x e and overlooks the 14th and 15th holes of golf course to the south.
~~ELOPMENT STANDARDS; PB R-1-7500
All development in Planning Area 21 shall conform to the development standards of the m R-l-7500 Zone (Carlsbad Municipal Code, Chapter 24+&49G
21.10.010) unless othewise noted in this chapter.
USF: AI&XATION:
48 82 e single family residential units are allowed by the Growth
Management control Point (34 2.7 DU/AC).
ED USES:
v single family residential housing.
The maximum height Ls 30 feet maarurad to the perk of the highest roof W
At least 58sc 15% of the
structures in this Planning Area shall be no more than CWS one story -
and shall not exceed a height of 22 feet to the roof peak. v
. Se cbacb The minimum setback along OyLaAr Street shall be 20 feet. c--L 11. m The
minimum setback from the golf course - shall be 25 feet. . . . * A .
Parking shall conform to the standards of Chapter 21.44 of the Carlsbad
Municipal Code.
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4
I Existing Slopes
</ - -.’ 0. *y
A%
*. .’
/ \;
Legend m Entry Treatment .
-- 0.
11 8 WwFencing
T0
LJ Tall
w / y Natural- Slopes (to be preserved)
-
@
Scaic Point
--
Q
view Orkntatlon
Key Map r.1 L- I
‘I ‘i
6%
L I-- ! .J$- :-. ’ yyy -$ i:
. . ’ c .’ .j*, &$ . y@!if Y-i ' .
-*. ,-
I Design Criteria - Planning Area 21 Exhibit V- 22
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SPECXAL DESIGN CRITERIA:
All community-wide design standards described in Section A of Chapter IV shall
be embodied in the architecture of this planning area. The following specific guidelines shall also be included for this planning area:
* Strong architectural relief features shall be incorporated into all
structures visible from "A" Street and the golf course.
x Curvilinear streets shall be combined with varied building setbacks to strengthen the mediterranean hilltown appearance of the planning area.
-a Special attention shall be given to the incorporation of adjacent open space areas as an amenity to the neighborhood.
Entrv Treatment; A neighborhood entry way may be located along v "A" Street.
Fencing: An open fence shall be required along the ,..L1:, boundary with w :T ad the golf course.
LandscaDe: All community-wide landscape standards described in Section A, Community Design Elements of Chapter IV shall be incorporated into this planning area. In addition, the following specificlandscape concepts shall be included in the development of this planning area:
* Landscape screening of structures shall be incorporated to soften the view of these structures from "A" Street and the golf course.
* Views to and from the golf course and lagoon must be preserved.
* Common streetscape areas shall conform to community requirements. Street trees, landscape planting intensity zones, paving, entry monuments, irrigation systems, walls, fences, lighting, etc., have been pre-determined to provide consistency in design and quality.
* Landscaping adjacent to the public utility corridors.shall utilize
trees, shrubs and walls to visually screen utility structures.
* A fire suppression zone subject to the approval of the Planning
Director and Fire Marshal shall be established between
native/naturalized areas and structural setbacks from native areas
in combination with a program of selective thinning of native vegetation subject to the approval of the Planning Director.
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*
!j tree t Trees ;
Street tree style of this planning area shall be informal. The dominant tree
shall be Southern Magnolia (Magnolia grandiflora). The support trees may include Flowering Plum (Prunus cerasifera). Rusty Leaf Ffg (Ficus rubiginosa) or an alternative selected by the developer.
Onen Soace: The manufactured slope areas shall be maintained as open space. The vooded
area in the north v of the planning area shall be maintained
as natural space. Eucalyptus groves located in this area may be thinned. A
tree thinning plan shall be submitted to the Planning Director for approval.
. . A The above noted open space areas shall be maintained by the community open space maintenance district,
. GWine Any development within this planning area shall comply with the City's
Hillside Development Regulations and the slope and resource presemation
policies of the underlying local coastal program and subsequent coastal
permit. Any application for development within this planning area shall
require a slope analysis/biological resource map during v Tentative Hap review.
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. DESCRIPTION,
. . m SINGLE FAMILY RESTDEw
This ?W3 21.6 acre planning area consists of v single family residential homes. The neighborhood is bounded by the 13th hole of the golf course and "Y" Street to the east, and the Master Plan boundary to the west. To the south, the neighborhood is separated from Planning Area 16 and the neighborhood shopping center by a 150 foot wide public utility corridor.
All development in Planning Area 22 shall conform to the development standards . , . of the nr\ 214-04&l+ . . R-L-7500 one family residential zone described in Chapter'21.10.010 unless otherwise noted
in this chapter.
OCATTON: Maximum of 94 16 v single family residential units (3r4 1.3 N/AC).
TED USES; k&+4&G+ single family residential housing.
STANDARDS:
The maximum height in this planning area shall not exceed W 30 feet
measured to the peak of the highest roof. -3, & CI. . . At least -50% 15% of the structures in this Planning Area shall be no more than m
&G&z one story and shall not exceed a height of 22 feet to the roof peak.
Setbacks; The minimum setback along "Y" Street shall be 20 feet. The minimum setback from the cul-de-sac street shall be 20 feet for structures and open parking and 20 feet for garages having direct street access. The minimum setback from the vesterly planning area boundary shall be 50 feet. The minimum setback from the public utility corridor shall be 30 feet. +&n&we
All structures shall be setback 20 feet from the planning area boundary.
Parking shall conform to the standards of Chapter 21.44 of the Carlsbad Municipal Code.
All community-wide design standards &scribed in Section A of Chapter IV shall
be embodied in the architecture of this planning area. The following specific guidelines shall also be included for this planning area:
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Legend
‘\
Existing Trees (to be preserved)
Natural Slopes (to be preserved)
-\ -\
sb \ 1
\ Q+P \ I
9, < ‘\ % ’ &a+>
\ \ ‘\
\ \
%!J Scenic Point \
\ &I I --
Kl Wow Orknl latlorl
Entry frmtment -.. 8 l-1 0. WaWwtcing
-;’
LJ
Trait
\
Design Criteria - Planning Area 22 Exhibit V- 23
lS6
* As shown on the Special Design Criteria exhibit for this planning
area, the identified natural slopes and canyons shall be preserved
and maintained as open space.
* Strong architectural relief features shall be incorporated into all structures visible from property to the east and southeast.
* Buildings in this neighborhood shall relate strongly to the sloping
site and shall avoid Large flat pad areas by the incorporation of
stepped building footprints.
* Curvilinear streets shall be combined with varied building setbacks
to strengthen the mediterranean hilltown appearance of the planning
area.
* Outdoor courtyards, patios and plazas shall be included.
* Special attention shall be given to the incorporation of adjacent open space areas and the, golf course as an amenity to the neighborhood.
Landscaoe: All community-wide landscape standards described in Section A, Community Design Elements of Chapter IV shall be incorporated into this planning area.
In addition, the following specific Landscape concepts shall be included in
the development of this planning area:
* Landscape screening of structures shall be incorporated to soften the view of these structures from adjacent properties to the east, southeast and the golf course.
* Views to and from the golf course and lagoon should be preserved.
* Common streetscape areas shall conform co community requirements. Street trees, landscape planting intensity zones, paving, entry monuments, irrigation systems, walls, fences, lighting, etc., have been pre-determined to provide consistency in design and quality.
* Landscaping adjacent to the public utility corridors shall utilize trees, shrubs and walls to visually screen utility structures and provide security and privacy for the homeowner.
* Existing trees identified during v 24aster Tentative Map review shall be preserved.
* A fire suppression zone subject to the approval of the Planning Director and Fire Marshal shall be established between native areas and structures. The fire suppression plan should incorporate
structural setbacks from native areas in combination with a program
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of selective thinning of native vegetation subject to the approval of the Planning Director.
*
Street Trees: The dominant street tree in this neighborhood shall be the London Plane tree
(Plantanius acerifolia). Support trees may include Canary Island Pine (Pinus
canariensis). Flowering Plum (Prunus cerasifera) or an alternative selected
by the developer.
Open Space; The manufactured slope areas shall be maintained as open space. The large
undeveloped areas, especially the slopes in the northwest and southeast
portions of the planning area, shall be maintained as natural space. The
above noted open space areas shall be maintained by the coamrunity open space
maintenance district.
Trails:
Any development within this planning area shall comply with the City's Hillside Development Regulations and the slope and resource preservation policies of the underlying local coastal program and subsequent coastal permit. Any application for development within this planning area shall require a slope analysis/biological resource map during v Master Tentative hap review.
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PLANNXNG COMMISSION RESOLUTION NO. 3575
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE LAND USE
ELEMENT OF THE GENERAL PLAN WHICH ADDS THE
RESIDENTIAL MEDIUM HIGH DENSITY (RMH) AND
RESIDENTIAL HIGH DENSITY (RH) DESIGNATIONS TO THE
EXISTING COMBINATION DISTRICT FOR PROPERTY
GENERALLY LOCATED NORTH OF THE BATIQUITOS
LAGOON, EAST OF I-5 AND WEST OF EL CAMINO REAL IN
LOCAL FACILITIES MANAGEMENT PLAN ZONE 9.
CASE NAME: AVIARA PHASE III
CASE NO: GPA 93-06
WHEREAS, a verified application for an amendment to the General Plan
designations for certain property located, as shown on Exhibit GPA 93-06, dated
November 17, 1993, attached and incorporated herein, has been filed with the Planning
Commission; and
WHEREAS, said verified application constitutes a request for amendment
as provided in Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of November,
1993, and the 1st day of December, 1993, hold a duly noticed public hearing as
prescribed by law to consider said request;
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 General Plan Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
of the City of Carlsbad, as follows:
A) That the above recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL of GPA 93-06, based on the following findings and
subject to the following conditions.
Findinns:
1. The proposed general plan amendment preserves consistency between the Land
Use element and existing development within the Aviara Master Plan.
Conditions:
1.
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Approval of GPA 93-06 is granted subject to the approval of MP 177(G), LCPA 92-
01, CT 92-03, and HDP 92-04. GPA 93-06 is approved subject to all conditions
of approval of MP 177(G), LCPA 92-01, CT 92-03, and HDP 92-04, Planning
Commission Resolutions 3574, 3576, 3577, and 3578, incorporated herein by
reference and on file in the Planning Department.
PC RESO NO. 3575
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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 1st day of December, 1993,
by the following vote, to wit:
AYES: Chairperson Noble, Commissioners: Schlehuber, Betz,
Welshons, Savary, Erwin & Hall.
NOES: None.
ABSENT: None.
ABSTAIN: None.
CARLSBAD PI.&NiNG COMMISSION . :
ATTEST:
Planning Director
PC RESO NO. 3575 3
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PLANNING COMMESION RESOLUTION NO. 3576
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNTA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE CARLSBAD LOCAL
COASTAL PROGRAM TO AMEND THE TEXT OF THE MELLO
I, MELLO II, AND EAST BATIQUITOS/HUNT PROPERTtES
LOCAL COASTAL PROGRAM
CASE NAME: AVIARA PHASE III
CASE NO: LCPA 92-01
7 WHEREAS, California State law requires that the Local Coastal Program,
a General Plan, and Zoning designations for properties in the Coastal Zone be in
9 conformance; and
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WHEREAS, the Planning Commission did on the 17th day of November,
1993, and on the 1st day of December, 1993, hold a duly noticed public hearing as
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prescribed by law to consider the proposed suggested modifications to the text of the
Mello I, Mello II, and East Batiquitos/Hunt Properties segment of the City’s Local Coastal
Program and the revised text of the Local Coastal Program as shown on Exhibit “x”, of
Planning Commission Resolution No. 3574, dated November 17, 1993, incorporated by
reference, and;
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WHEREAS, at said public hearing, upon hearing and considering all
20 testimony and arguments, if any, or all persons desiring to be heard, said Commission
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considered all factors relating to the Local Coastal Plan Amendment.
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WHEREAS, State Coastal Guidelines require a six week public review period
for any amendment to the Local Coastal Program.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
of the City of Carlsbad, as follows:
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27 A) That the foregoing recitations are true and correct.
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Findins:
At the end of the State mandated six week review period, starting on
October 28, 1993, and ending on December 9, 1993, staff shall present to
the City Council a summary of the comments received.
That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL of LCPA 92-01 including the amended LCP text,
as shown on Exhibit LCPA 92-01, dated November 17, 1993, attached
hereto and made a part hereof based on the following findings and subject
to the following conditions:
1. The proposed Local Coastal Program Amendment is consistent with all applicable
policies of the West Batiquitos segment of the Local Coastal Program.
2. The proposed Local Coastal Program Amendment maintains consistency with the
legislative findings and declarations of the California Coastal Act, as stated in
Section 30001 of Division 20 of the Public Resources Code.
Conditions:
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Approval of LCPA 92-01 is subject to the approval of MP 177(G), GPA 93-06, CT
92-03, and HDP 92-04, Planning Commission Resolution No’s. 3574, 3575, 3577,
and 3578, incorporated herein by reference and on file in the Planning
Department.
Approval of LCPA 92-01 is subject to approval of the California Coastal
Commission. Any revisions that may be required by the Coastal Commission must
be reviewed and approved by the Planning Director and City Engineer prior to
approval of any final map, and may necessitate a formal amendment to this
approval.
PC RESO NO. 3576 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on the 1st day of December, 1993, by the
following vote, to wit:
AYES: Chairperson Noble, Commissioners: Schlehuber, Betz,
Welshons, Savary, Erwin & Hall.
NOES: None.
ABSENT: None.
ABSTAIN: None.
ATTEST:
Planning Director
PC RESO NO. 3576
AL
BAILEY NOB& Chairperson
CARLSBAD PLANNING COMMISSION
-3-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A TENTATIVE TRACT MAP TO SUBDMDE
AND ROUGH GRADE THE INDMDUAL NEIGHBORHOODS
AND MAJOR STREETS WITHIN THE THIRD PHASE OF THE
AVIARA MASTER PLAN ON PROPERTY GENERALLY LOCATED
ALONG FUTURE AMBROSIA LANE NORTH OF ALGA ROAD
IN LOCAL FACILITIES MANAGEMENT ZONE 19.
CASE NAME: AVIARA PHASE III
CASE NO: CT 92-03
WHEREAS, a verified application for certain property to wit:
A portion of the east half of the southeast quarter of Section
22, and a portion of the north half of Section 27, all in
Township 12 South, Range 4 West, San Bernardino Meridian,
in the City of Carlsbad, County of San Diego, State of
California according to official plat thereof, as shown on
Record of Survey No. 10774, recorded in the Office of the San
Diego County Recorder, October 30, 1986.
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 November,
1993, and on the 1st day of December, 1993, 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 CT 92-03; and
NOW, THEREFORE, BE.IT HEREBY RESOLVED by the Planning Commission
as follows:
A) That the above recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL of CT 92-03, based on the following findings and subject
to the following conditions:
Findims:
1. The proposed map and project design is consistent with the applicable general plan
and local coastal plan segments.
2. 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.
3. The project is consistent with all City public facility policies and ordinances since:
The Planning Commission has, by inclusion of an appropriate condition to this
project, ensured building permits will not be issued for the project unless the City
Engineer determines that sewer service is available, and building cannot occur
within the project unless sewer service remains available, and the Planning
Commission is satisfied that the requirements of the Public Facilities Element of the
General Plan have been met insofar as they apply to sewer service for this project.
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.
4. The proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for residential development on the General
Plan.
5. This project will not cause any significant environmental impacts and a Mitigated
Negative Declaration has been issued by the Planning Director on October 14,1993.
In recommending approval of this Mitigated Negative Declaration the Planning
Commission has considered the initial study, the staff analysis, all required
mitigation measures and any written comments received regarding the significant
effects this project could have on the environment.
6. 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.
PC PESO NO. 3577 -2-
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7. The design of the subdivision will not conflict with easements or records of
easements established by court judgement, acquired by the public at large, for access
through or use of property within the proposed subdivision.
Conditions:
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Approval is granted for CT 92-03, as shown on Exhibits “A” - “M”, dated November
17, 1993, 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 City Council. 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.
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 also approved under the express condition that the applicant pay the public facilities fee adopted by the City Council on July 28, 1987 (amended July 2,
1991) 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 March 9, 1992, 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.
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 sewer service is available at
the time of application for water service and sewer permits and will continue to be
available until time of occupancy. This note shall be placed on the final map.
This project shall comply with all conditions and mitigation measures which may
be required as part of the Zone 19 Local Facilities Management Plan and any
amendments made to that Plan 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
PC RESO NO. 3577 -3-
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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.
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, as determined by the Parks and Recreation Director.
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.
Approval of this request shall not excuse compliance with all sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building
permit issuance.
Approval of CT 92-03 is granted subject to the approval of MP 177(G), LCPA 92-01,
GPA 93-06, and HDP 92-04. CT 92-03 is approved subject to all conditions of
approval for MP 177(G), LCPA 92-01, GPA 93-06, and HDP 92-04, Planning
Commission Resolution No’s. 3574, 3575, 3576, and 3578, incorporated herein by
reference and on file in the Planning Department.
The applicant shall annex the area covered by Phase III into the Aviara Master
Homeowneis Association and corresponding covenants, conditions and restrictions.
The amended CC&R’s shall be submitted to and approved by the Planning Director
prior to final map approval.
The applicant shall submit a street name list for Planning Areas 17, 21, and 22
consistent with the City’s street name policy subject to the Planning Director’s
approval prior to final map approval for those Planning Areas.
The applicant shall prepare a detailed landscape and irrigation plan which shall be
submitted to and approved by the Planning Director prior to the approval of grading
or building plans, whichever occurs first.
PC WSO NO. 3577 -4-
shall pay a one-time special development tax in accordance with the City Council
Resolution No. 91-39".
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A master plan of the existing onsite trees shall be provided to the Planning Director
as part of the final grading plan to determine which trees shall be required to be
preserved prior to the issuance of a grading permit or a building permit, whichever
occurs first.
All landscaped areas shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris.
The developer shall install street trees at the equivalent of W-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.
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.
Prior to final occupancy, a letter from a California licensed landscape architect shall
be submitted to the Planning Director certifying that all landscaping has been
installed as shown on the approved landscape plans.
All herbicides shall be applied by applicators licensed by the State of California.
The applicant shall pay a landscape plan check and inspection fee as required by
Section 20.08.050 of the Carlsbad Municipal Code.
The first set of landscape and irrigation plans submitted shall include building 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 project shall provide bus stop facilities at locations subject to the satisfaction
of the North County Transit District. Said facilities shall at a minimum include a
bench, free from advertising, and a pole for the bus stop sign. The bench and pole
shall be designed in a manner so as to not detract from the basic architectural
theme of the project and said design shall be subject to the approval of the Planning
Director and North County Transit District.
PC EESO NO. 3577 -5-
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27. Approval of CT 92-03 is subject to approval of the California Coastal Commission.
Any revisions that may be required by the Coastal Commission must be reviewed
and approved by the Planning Director and City Engineer prior to approval of any
final map, and may necessitate a formal amendment to this approval.
28. Prior to approval of the f?nal map for Unit I, the developer shall complete any
dedication and vacation necessary to complete the park land exchange, to the
satisfaction of the Parks and Recreation Director.
Ehkneerin~ Conditions:
29.
30.
31.
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34.
35.
36.
37.
. . .
Prior to issuing a building permit for Lots 143 through 152 in Unit VII, the
developer shall provide an emergency secondary access in accordance with City
Standards.
Direct access rights for all lots abutting Ambrosia Lane shall be waived on the final
map except for designated access points to Lots 1, 2, 3, and 8 as shown on the
tentative map or at other designated access points as approved by the City Engineer.
This project is located within the Mello I, Mello II, and East Ratiquitos Local Coastal
Plans. All development design shall comply with the requirements of those plans.
Unless a standards variance has been issued, no variance from City Standards is
authorized by virtue of approval of this tentative map.
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.
This project is specifically approved as seven (7) units for the purposes of recording.
All public facilities needed to serve each unit and meet City Standards shall be
guaranteed for construction prior to recording of a fiual map for that unit.
If the applicant chooses to construct out of phase, the new phasing must be
reviewed and approved by the City Engineer and Planning Director.
All concrete terrace drains shall be maintained by the homeowner’s association (if
on commonly owned property) or the individual property owner (if on an
individually owned lot). An appropriately worded statement clearly identifying the
responsibility shall be placed in the CC&R’s.
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38. Approval of this tentative tract map shall expire twenty-four (24) months from the
date of City Council approval unless a final map is recorded. An extension may be
requested by the applicant. Said extension shall be approved or denied at the
discretion of the City Council. In approving an extension, the City Council may
impose new conditions and may revise existing conditions pursuant to Section
20.12.110(a)(2) Carlsbad Municipal Code.
39. The applicant shall defend, indemnify and hold harmless the City and its agents,
officers, and employees from any claim, action or proceeding against the City or its
agents, officers, or employees to attack, set aside, void or null an approval of the
City, the Planning Commission or City Engineer which has been brought against the
City within the time period provided for by Section 66499.37 of the Subdivision
Map Act.
Prior to the 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.
Prior to final map the applicant shall pay all current fees and deposits required.
The owner of the subject property shall execute an agreement holding the City
harmless regarding drainage across the adjacent property prior to approval of the
final map for this project.
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. . .
PC RESO NO. 3577
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 owner may
pass through assessments to subsequent owners & if the owner has executed a
Special Assessment District Pass-through Authorization Agreement. Said Agreement
contains provision regarding notice to potential buyers of the amount of the
assessment and other provisions and requires the owner to have each buyer receive and execute a Notice of Assessment and an Option Agreement. In the event that the
owner does not execute the Authorization Agreement, the assessment on the subject
property must be paid off in full bv the owner prior to final map approval.
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 submitted 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.
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. . .
Prior to final map approval the owner shall execute a hold harmless agreement for
geologic failure.
Based upon a review of the proposed grading and the grading quantities shown on
the tentative map, a grading permit for this project is required. (Prior to 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 be completed
in substantial conformance with the approved grading plans.)
Upon completion of grading, the applicant shall ensure that an “as-graded’ geologic
plan is submitted to the City Engineer. The plan shall clearly show all the geology
as exposed by the grading operation, all geologic corrective measures as actually
constructed and must be based on a contour map which represents both the pre and
post site grading. This plan shall be signed by both the soils engineer and the
engineering geologist. The plan shall be prepared on a 24” x 36” mylar or similar
drafting film and shall become a permanent record.
No grading shall occur outside the limits of the subdivision unless a grading or slope
easement is obtained from the owners of the affected properties. If the applicant
is unable to obtain the grading or slope easement, no grading permit will be issued.
In that case the applicant must either amend the tentative map or change the slope
so grading will not occur outside the project site in a manner which substantially
conforms to the approved tentative map as determined by the City Engineer and
Planning Director.
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
Chapter 11.06.
The applicant shall construct desiltation/detention/urban pollutant basin(s) of a
type and a size and at location(s) as approved by the City Engineer. The applicant
shall enter into a basin maintenance agreement and submit a maintenance bond
satisfactory to the City Engineer prior to the approval of grading, ‘building permit or final map whichever occurs first for this project. Each basin shall be serviced by
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an all-weather access/maintenance road. This condition may be met by basin(s)
guaranteed for construction by other projects located offsite and downstream from
this project.
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 applicant shall place the following note on a non-mapping data sheet of the
final map:
Geotechnical Caution:
A prelhinary soils report indicates the possible presence of a remnant of an ancient
landslide and the possible presence of unconsolidated alluviums within the
boundaries of the subdivision. Even though the report also recdmmends methods
of mitigation for these geologic conditions, some risk to building pads or structures
located thereon may exist, therefore:
The owner of this property on behalf of itself and all of its successors in interest has
agreed to hold harmless and indemnify the City of Carlsbad from any action that
may arise through any geological failure, ground water seepage or land subsidence
and subsequent damage that may occur on, or adjacent to, this subdivision due to
its construction, operation or maintenance.
The owner shall make an offer of dedication to the City for all public streets and
easements required by these conditions or shown on the tentative map. The 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.
Some improvements shown on the tentative map and/or required by these
conditions are located offsite on property which neither the City nor the owner has
sufficient title or interest to permit the improvements to be made without
acquisition of .title or interest. The applicant shall conform to Section 20.16.095 of
the Carlsbad Municipal Code. This conditional approval is null and void if title to
said property is not obtained, unless the City Engineer and Planning Director make
findings of substantial conformance without construction of said improvements.
The drainage system shall be designed to ensure that runoff resulting from lo-year
frequency storms of 6 hours and 24 hours duration under developed conditions, are
equal to or less than the runoff from a storm of the same frequency and duration
under existing developed conditions. Both 6 hour and 24 hour storm durations shall
be analyzed to determine the detention basin capacities necessary to accomplish the
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desired results prior to (final map approval) issuance of building or grading permits
whichever occurs first.
The applicant shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit. The applicant shall provide best
management practices to reduce surface pollutants to an acceptable level prior to
discharge to sensitive areas. Plans for such improvements shall be approved by the
City Engineer prior to approval of the final map, issuance of grading or building
permit, whichever occurs first.
Plans, specifications, and supporting documents for all public improvements shall
be prepared to the satisfaction of the City Engineer. Prior to approval of the final map in accordance with City Standards, the applicant shall install, or agree to install
and secure with appropriate security as provided by law, improvements shown on
the tentative map and the following improvements:
I. PRIOR TO RECORDING THE FINAL MAP FOR THE FIRST PHASE IN THE
SUBDIVISION, THE FOLLOWING IMPROVEMENTS ARE REQUIRED:
A.
B.
C.
D.
E.
Poinsettia Lane within the subdivision boundaries shall have full
public improvements to major arterial standards or as approved by the
City Engineer and Planning Director.
Offsite Poinsettia Lane from the subdivision boundary to Blackrail
Court shall be constructed with full width grading, two 14 foot wide
paved center lanes, median curbing, drainage facilities as needed and
all sewer and utility lines that would be underneath the pavement.
The developer may apply for a reimbursement agreement for these
improvements.
Ambrosia Lane within the subdivision boundaries shall have full public
improvements to local street standards.
Within the subdivision boundaries Blacktail Court shall have a
between-curb width of 48 feet in a 68 foot wide right-of-way as
shown on the tentative map from Alga Road to Street “I”. From
Street “I” to the subdivision boundary the between-curb width shall
taper from 48 feet wide to 40 feet wide. The taper shall be to the
satisfaction of the City Engineer.
Offsite Blackrail Court from the subdivision boundary to Poinsettia
Lane shall be constructed with a 28 foot wide paved roadway with
sufficient drainage control facilities as may be required and all sewer,
water and utility lines that would be underneath the paving.
PC RESO NO. 3577 -lO-
Sufficient right-of-way shall be obtained for the improvements to be
constructed and maintained but not less than 30 feet in width. The
developer may request a reimbursement agreement for the utilities
being installed but not needed for this project and permanent surface
improvements not needed for this project.
II. PRIOR TO RECORDING A FINAL MAP FOR ANY SUBSEQUENT PHASE ALL
THE IMPROVEMENTS REQUIRED FOR THAT PHASE TO MEET CITY
STANDARDS ARE REQUIRED:
A. Street “D” and Street “G” in Unit VII are designated hillside streets.
As shown on the tentative map, Street “D” and “G” shah have a right-
of-way width of 46 feet, a between-curb width of 32 feet and
sidewalks only on one side. The right-of-way width shah taper from
the local street 60 feet wide in Unit V to the hillside street 46 feet
wide in Unit VII. The between-curb width shall taper from 4-O feet
wide in Unit V to 32 feet wide in Unit VII, all to the satisfaction of
the City Engineer.
B. All streets within the subdivision boundaries shah have full public
street improvements based on the right-of-way widths as shown on
the tentative map.
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. Improvements listed
above shall be constructed within 18 months of approval of the secured
improvement agreement or such other time as provided in said agreement.
Fire Conditions:
59. Prior to the issuance of building permits, complete building plans shall be approved
by the Fire Department.
60. Additional onsite public water mains and fire hydrants are required.
61. 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.
62. Applicant shall submit a site plan depicting emergency access routes, driveways and
traffic circulation for Fire Department approval.
63. An all-weather, unobstructed access road suitable for emergency service vehicles
shall be provided and maintained during construction. When in the opinion of the
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66. The entire potable water system, reclaimed water system and sewer system shall be
evaluated in detail to ensure that adequate capacity, pressure and flow demands are
met.
67. The Developer shall be responsible for all fees, deposits and charges which will be
collected at time of issuance of the building permit. The San Diego County Water
Authority capacity charge will be collected at issuance of application for meter
installation.
68. Sequentially, the Developers Engineer shall do the following:
A. Meet with the City Fire Marshal and establish the fire protection
requirements.
B. Prepare a colored reclaimed water use area map and submit to the Planning
Department for processing and approval.
C. Schedule a meeting with the District Engineer for review, comment and
approval of the preliminary system layout usage (GPM - EDU) plan for
potable, reclaimed and sewer systems prior to the preparation of
improvement plans.
69. This project is approved upon the expressed 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 service and sewer facilities are
available at the time of application for such water service and sewer permits will
continue to be available until time of occupancy. This note shall be placed on the
final map.
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.
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.
Water Conditions:
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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 1st day of December, 1993, by
the following vote, to wit:
AYES: Chairperson Noble, Commissioners: Schlehuber, Betz,
Welshons, Savary, Erwin & Hall.
NOES: None.
ABSENT: None.
ABSTAIN: None.
BAILEY NOB&, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Q - -MICHAEL J.%LZMILLER
PLANNING DIRECTOR
PC RESO NO. 3577 -13-
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PLANNING COMMISSION RESOLUTION NO. 3578
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A HILLSIDE DEVELOPMENT PERMIT TO
ROUGH GRADE THE NEIGHB~RHOODS AND MAJOR
STREETS OF THE THIRD PHASE OF THE AVIARA MASTER
PLAN ON PROPERTY GENERALLY LOCATED ALONG FUTURE
AMBROSIA LANE NORTH OF EXISTING ALGA ROAD.
CASE NAME: AVIARA PHASE III
CASE NO: HDP 92-04
WHEREAS, a verified application for certain property to wit:
A portion of the east half of the southeast quarter of Section
22, and a portion of the north half of Section 27, all. in
Township 12 South, Range 4 West, San Bernardino Meridian,
in the City of Carlsbad, County of San Diego, State of
California according to official plat thereof, as shown on
Record of Survey No. 10774, recorded in the Office of the San
Diego County Recorder, October 30, 1986.
!I 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 November,
1993, and on the 1st day of December, 1993, 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
11 factors relating to the HDP 92-04; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
as follows:
A)
B)
That the above recitations are true and correct.
That based on the evidence presented at the public hearing, the Planning
Commission hereby recommends APPROVAL of HDP 92-04, based on the following
findings and subject to the following conditions:
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Firdims:
1.
2.
3.
4.
5.
6.
That hillside conditions and undevelopable areas of the project have been properly
identified, as shown on Exhibits “I” - “M”, dated November 17, 1993.
That the development proposal and all applicable development approvals and
permits are consistent with the purpose, intent, and requirements of Chapter 21.95
of the Carlsbad Municipal Code.
That no development or grading will occur in those portions of the property which
are undevelopable pursuant to the provisions of Section 21.53.230 of this code.
That the project design and lot configuration minimizes disturbance of hillside lands.
That the project design substantially conforms to the intent of the concepts
illustrated in the hillside development guidelines manual.
The site is impacted by unusual geotechnical and soils conditions that necessitate
corrective work and is impacted by a Circulation Element roadway.
General Planning Conditions:
1.
2.
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
. . . .
Approval for HDP 92-04, as shown on Exhibits “A” - I’M”, dated November 17, 1993
incorporated by reference and on file in the Planning Department. Development
shall occur substantially as shown on the approved exhibits. Any proposed grading
and/or development substantially different from this approval as determined by the
Planning Director, shall require an amendment to this permit.
Approval of HDP 92-04 is granted subject to the approval of MP 177(G), LCPA 92-
01, GPA 93-06, and CT 92-03. HDP 92-04 is approved subject to all conditions of
MP 177(G), LCPA 92-01, GPA 93-06 and CT 92-03, Planning Commission
Resolutions No’s. 3574, 3575, 3576, and 3577, incorporated herein by reference
and on file in the Planning Department.
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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 1st day of December, 1993, by
the following vote, to wit:
AYES: Chairperson Noble, Commissioners: Schlehuber, Betz,
Welshons, Savary, Erwin & Hall.
NOES: None.
ABSENT: None.
ABSTAIN: None.
ATTEST:
MICHAEL J. HOLZMIEER
PLANNING DIRECTOR
PC RESO NO. 3578 -3-
a+ BAILEY NOBI% Chairperson
CARLSBAD PLANNING COMMISSION
EXHIBIT 4
December 23, 1993
TO:
FROM:
City Council
m / Assistant City Engineer
POINSETTIA LANE ALIGNMENT FOR AVIARA PHASE Ill TENTATIVE MAP (CT 92-03)
A major issue of concern at the Planning Commission hearing for the Aviara Phase III
project was the proposed alignment of Poinsettia Lane. The alignment was relocated
north of the alignment depicted on the previous master plan document. This
realignment was done at staff direction after careful review of the environmental, land
use and property right impacts. The northerly alignment follows the property lines of
the adjacent properties to the west of the project site for approximately 1400 feet to
the proposed intersection of Black Rail Road. From that point west,. the proposed
alignment curves south then west approximately 2700 feet to meet at the existing
Poinsettia Lane intersection at Alga Road.(See attached map entitled Poinsettia Lane
Alignment Study)
The developer is proposing construction of Poinsettia Lane from the project boundary
west to Black Rail Road and Black Rail Road south to the existing Alga Road to
provide secondary access to the development. The establishment of the Poinsettia
Lane/Black Rail Road intersection also fixes the remaining alignment west to the
existing terminus of Poinsettia Lane due to the constraints imposed by City Standards.
The McKinneys, owners of a five acre parcel immediately west of the proposed
Poinsettia Lane/Black Rail Road intersection, object to the proposed alignment and
desire that the alignment be moved further north to avoid impacting their parcel. The
proposed alignment follows along their northerly property line then cuts south across
the western portion of their property. In addition, the proposed Black Rail Road will
be centered along their easterly property line boundary. The McKinneys are concerned
that the proposed alignments will ruin their green house operation and render the
property useless for agricultural operations.
It should be noted that the Aviara Phase III project will impact only the eastern portion
of the McKinney property and not impact the existing greenhouse. The removal of the
greenhouse would occur with the extension of Poinsettia Lane west of Black Rail Road
to Alga Road which would be the responsibility of another developer. Currently, the
parcel immediately north of the McKinneys, owned by the Ocean Bluff Partnership,
is in for development approval and will likely be conditioned to extend this section of
Poinsettia Lane. Any acquisition of ,the McKinney parcel will require complete
compensation for not only the value of the land but any other damages as determined
December 22, 1993
Poinsettia Lane Alignment
Page: 2
by a fair market value appraisal.
There was also concern from a property owner east of the Aviara project about the
proposed alignment of Poinsettia Lane east to El Camino Real. The Poinsettia Lane
alignment through Zone 20 is not being established as a result of the Aviara project.
Staff reviewed four general alignment schemes as a condition of the Zone 20 Local
Facilities Management Plan. The two most feasible and acceptable alternatives, shown
as alternates ‘A’ and ‘D’, can be accommodated with the alignment proposed within
the Aviara Phase Ill project. It was explained at the Planning Commission that the
establishment of the easterly Poinsettia Lane alignment will occur with the first
development in Zone 20 or Zone 10 which requires construction of any portion of
Poinsettia Lane.
The Planning Commission made a minute motion requesting staff to prepare
alternative alignments for Poinsettia Lane to accommodate the concerns of the
property owners. Since the eastern alignment of Poinsettia is not being fixed at this
time and due to the need for significant additional environmental studies necessary
to establish this alignment, no eastern alternative was prepared by staff. Staff is
confident, however, that adequate flexibility exists to accommodate slight revisions
if they are so desired in the future.
With regard to Poinsettia Lane west of Aviara, staff prepared an alternative plan,
entitled the McKinney option, which preserves the existing greenhouse operation(See
attached map entitled Poinsettia Lane Alignment Study - McKinney Option). This
option is not expected to have any negative environmental impacts but it does place
a significantly larger dedication and improvement burden on the adjoining Ocean Bluff
and DeJong properties. For this reason, staff continues to recommend the alignment
as originally proposed at the Planning Commission hearing for the Aviara Phase Ill
project.
If it was Council’s desire to proceed with the McKinney option, then your action
would be to direct staff to prepare the appropriate environmental documentation and
to refer the project back to Planning Commission for their recommendation. This
procedure would allow any impacted property owners an opportunity to be properly
noticed and heard on the matter.
tL!.LL
DAVID A. HAUSER
Assistant City Engineer
c: City Engineer
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.9 fiti Y \ -l-r--- /Y% 2 u \o ,/ r / \ 3 P 1 B 2
MEMORANDUM
EXHIBIT 5
DATE: NOVEMBER 17, 1993
TO: PLANNING COMMISSION
FROM: f@ PLANNING DEPARTMENT
SmJEcr: MP 177(G)/GPA 93-06/LCPA 92-01/m 92-03/HDP 92-04 -
AVLARA PHASE III
After review of the conditions of approval for the Aviara Phase III proposal, it has been
determined that the condition requiring compliance with the Zone 19 Local Facilities
Management Plan is not specific enough in regard to park and school facilities. Even
though the building permits already issued within the Aviara Master Plan have been
exempted from the payment of park-in-lieu fees and school fees, the current LFMP for
Zone 19 requires any development to be conditioned with the payment of these fees. Staff
is therefore recommending that the following conditions be added to Planning Commission
Resolution No. 3577, recommending approval of CT 92-03, dated December 1, 1993:
. 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, as determined by the Park and Recreation Director.
. 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.
DATE:
TO:
FROM:
SUBJECT:
I.
EXHIBIT 6
APPLICATION COMPLETE DATES:
MP/LCPA/CT/HDP - OCTOBER 2, 1992
GPA - OCTOBER 22. 1993
PROJECT PLANNER: MICHAEL GRIM
a-
STAFF REPORT 0 4
NOVEMBER 17, 1993
PLANNING COMMISSION
PLANNING DEPARTMENT
MP 177(G)/GPA 93-06/LCPA 92-01/a 92-03/HDP 92-04 - AVIARA PHASE
III - Request for the approval of a Mitigated Negative Declaration, a Master
Plan Amendment and Local Coastal Program Amendment to adjust
neighborhood sizes, product types, and development standards, a General
Plan Amendment to add designations to the existing Combination District,
and a Tentative Map and Hillside Development Permit to create and rough
grade the neighborhoods, including 133 single family lots; and major streets
within the third phase of the Aviara Master Plan, along future Ambrosia Lane
and north of existing Alga Road in Local Facilities Management Zone 19.
RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 3573
RECOMMENDING APPROVAL of the Mitigated Negative Declaration, and ADOPT Planning
Commission Resolution No’s. 3574,3575,3576,3577,3578 RECOMMENDING APPROVAL
of MP 177(G), GPA 93-06, LCPA 92-01, CT 92-03, and HDP 92-04 based on the findings
and subject to the conditions contained therein.
II. PROJECT BACKGROUND AND DESCRIPTION
Aviara Land Associates is requesting both administrative and development permits for the
third and final phase of the Aviara Master Plan. The Master Plan Amendment, Local
Coastal Plan Amendment, and General Plan Amendment propose to alter the residential
product mix, add 37 units to the previously approved plan, adjust planning area and open
space boundaries, and realign internal streets. The Tentative Tract Map and Hillside
Development Permit propose to subdivide the property into the various neighborhoods and
perform mass grading and improvement installation.
The Aviara Master Plan (MP 177/EIR 86-2(A)/CT 85-35/et al.), previously known as the
Pacific Rim Country Club and Resort Master Plan, was originally approved by the Carlsbad
City Council on December 8, 1987 and by the California Coastal Commission on April 12,
1988; Phase I has been subdivided, graded and partially developed, with the Aviara Golf
Course and clubhouse in full operation and almost 100 occupied single family homes.
MP 177(G)/GPA 93-06/LCPA 92-Ol/CT 92-03/HDP 92-04
AVIARA PHASE III
NOVEMBER 17, 1993
Phase II, in the western portion of the master plan, has also been subdivided and partially
graded. The area comprising Phase III covers the northern portion of Aviara and remains
in an undeveloped state, although it has been partially cleared through previous
agricultural activities and has been disturbed by trails and migrant worker settlements.
The general topography of Phase III is a north-south trending valley bounded by partially
eroded slopes, with the head of the valley in the north. The prominent geologic features
of the area are an ancient landslide, located in the southeast portion of the site, and the
presence of unconsolidated alluviums in the valley. Most of the native habitat is found
along the slopes, with grasses and a secondary growth eucalyptus grove on the valley floor.
The headland of the valley in the north is almost exclusively disturbed grasslands, with
some native habitat on the northernmost slopes, adjacent to the existing industrial park.
The land uses on the property to the east and west of Aviara Phase III are primarily
agricultural, with native habitat prevailing in the adjacent properties in the southeast.
Several conditions have changed since the original approval in 1987, which have
necessitated the proposed revisions to the master plan. The alignment for Poinsettia Lane,
a major arterial which transects the northern portion of Phase III, has moved slightly
southward, forcing a relocation and reconfiguration of some planning areas including the
community park site. The original master plan allowed higher density residential on the
slopes and lower density in the valley floor, however current hillside grading restrictions
and habitat preservation strategies dictate that the lower density development be
transferred to the more sensitive slope areas. Also, as Aviara has developed and deed
restricted open space areas have been established, the resulting net density of many
neighborhoods has increased. To continue general plan consistency, additional residential
density designations (RMH & RH) must be added to Aviara’s General Plan Combination
District of RLM/RM/OS/RC/N.
Since there are several permits involved in this application, a breakdown of each permit
request follows.
Master Pla-n Amendment/Local Coastal Program Amendment:
The master plan amendment and local coastal program amendment propose to amend both
the map and text of the Aviara Master Plan. As shown in Exhibit “X”, attached to Planning
Commission Resolution No. 3574, dated November 17, 1993, the map changes involve the
relocation of Planning Area 32B to the south of Poinsettia Lane and Planning Area 20 to
the east of Ambrosia Lane. In addition, Poinsettia Lane was shifted southward and the
Ambrosia Lane alignment has slightly changed to avoid a small canyon. These adjustments
necessitated a revision to the existing Aviara park site boundary (Planning Area 32).The
existing open space system is proposed to encompass more native habitat than previously
approved by preserving a wildlife corridor along the west side of the project and enhancing
the habitat along the edges of development.
MP 177(G)/GPA 93-OWLCPA 92-Ol/CT 92-03/HDP 92-04
AVIARA PHASE III
NOVEMBER 17, 1993
The proposed master plan text changes relate to the inclusion of single family uses within
Phase III. Currently, Planning Areas 17, 21, and 22 are designated for multifamily uses,
even though Planning Areas 17 and 22 cover the most biologically and topographically
sensitive areas. The proposed text amendment would convert these Planning Areas to
lower density single family neighborhoods, with more compatible grading schemes. Since
the product types are changing, the development standards and design criteria must also
be modified. All three new single family neighborhoods are to conform to the development
standards of the R-1-7500 zone. The only exception to a normal single family subdivision
is that a minimum of 15 percent of the homes in each Planning Area must be single story
with a maximum height of 22 feet to the peak of the roof.
To compensate for the reduction in dwelling units due to the conversion of multifamily to
single family, the remaining multifamily neighborhoods (Planning Areas 18, 19, and 20)
would be increased in density. However, densities in Phases I and II are 25 percent lower
than that expected by the Local Facilities Management Plan (LFMP) for Zone 19, resulting
in extra units for the remainder of the master plan. As development of Aviara has
progressed, a revised buildout figure from 2,002 to 2,300 dwelling units has been
anticipated. A comparison of the dwelling unit count for the originally approved master
plan and the existing conditions, including the proposed Phase III amendments, is shown
below. Even though the dwelling unit count for Phase III would increase by 37 units, the
total dwelling unit count for the entire master plan would remain less than 2,300. The
minimum amount of 2,002 dwelling units is crucial for the existing Affordable Housing
Agreement and school facility financing arrangements and is the accepted minimum
buildout figure for the Aviara Master Plan.
ORIGINAL UNIT COUNT vs. ACIlJAL+/PROPOSED UNIT COUNT
ACTUALLY APPROVED/
PROJECT ORIGINALLY APPROVED PROPOSEDTHROUGH
PHASE THROUGH MP 177 TENTATIVE MAPS AND
PHASE III (MP 177(G))
PHASE I 1,522 966
PHASE II 762 547
PHASE III 522 589
TOTAL UNIT COUNT 2,806 &2,102
Phase III also contains a 24.25 acre community park (Planning Area 32), and a 4.5 acre
church/day care site (Planning Area 32B). As stated above, the church/day care site was
relocated to the south side of Poinsettia Lane and the park was reconfigured. The park
land approved by the original master plan was already dedicated to the City and
MP 177(G)/GPA 93-Oo/~ur’A 92-Ol/CT 92-03/HDP 92-04
AVIARA PHASE III
NOVEMBER 17, 1993
PAGE 4
preliminary approval of the park land exchange from the Parks and Recreation Commission
was needed.
The Aviara Master Plan area is contained within three segments of Carlsbad’s Local Coastal
Program: Mello I, Mello II, and East Batiquitos Lagoon/Hunt Properties. The master plan
text and map constitute the implementing ordinance for the portions of these segments
covering Aviara. Therefore, any amendment to the Aviara master plan requires an identical
amendment to the appropriate sections of the local coastal program.
General Plan Amendment:
As briefly discussed above, the Aviara master plan is covered by a Combination District of
RLM/RM/OS/RC/N (Residential Low Medium and Medium density, Open Space,
Recreational Commercial, and Neighborhood Commercial). The Aviara Master Plan
contains a slightly different format for presenting planning area densities. The planning
areas in Phases I and II include both the pad areas and the surrounding natural open space.
The allowed densities of these planning areas are based upon the total acreage of the
planning area, including the unconstrained natural open space. By incorporating the open
space in the density calculations, the resulting residential densities fall in the RLM to RM
range (i.e., up to eight units per acre). If the densities were calculated using only the pad
areas, the resulting residential densities would exceed the RM range.
The Phase III proposal includes three planning areas that do not contain any open space
and consist mainly of pad areas. Since no open space can be included in the density
calculations, as with the planning areas in Phases I and II, the resulting densities would be
beyond the range allowed by the existing Combination District. To maintain the master
plan’s consistency with the General Plan, higher density designations must be added to the
existing Combination District (namely’RMH and RH). No increase in dwelling unit count
will occur as a result of this redesignation because the master plan text dictates exactly
how many units each neighborhood could contain. No facility impacts will occur as a
result of this redesignation because the Zone 19 LFMP has planned to accommodate 30
percent more units than expected at Aviara’s buildout. Therefore, the General Plan
Amendment only consists of a consistency update, rather than an increase in allowed
density.
Tentative Tract Man:
Similar to both Phase I and II, Aviara proposes a tentative map to separate the planning
areas, align public streets, and perform rough grading and improvement installation. As
shown on Exhibits “A” - “E”, dated November 17, 1993, the multifamily neighborhoods and
church/day care site would consist of large, single-lot pad areas for future subdivision but
the single family neighborhoods would be subdivided into individual lots with different pad
elevations. The proposed 1,072,300 cubic yards of grading balances on site, unless some
- A
MP 177(G)/GPA 93-Ob/LCPA 92-Ol/CT 92-03/HDP 92-04
AVIAIU PHASE III
NOVEMBER 17, 1993
PAGE 5
of the existing alluvium material is unsuitable for grading operations in which case some
import and export may be needed. Full public improvements, including streets, sewer and
water lines, and a storm drain system, will be required within the subdivision’s boundaries.
Because the Phase III area consists of a long extension of Ambrosia Lane, with no
secondary access, the project is conditioned to complete offsite street improvements.
Exhibit “H”, dated November 17, 1993, shows the necessary offsite improvements: the
extension of Poinsettia Lane eastward to Blackrail Court, then Blackrail Court southward
to existing Alga Road.
All agreements between Aviara and Carlsbad Municipal Water District regarding sewer and
water service have already been reached. The existing drainage system next to the Aviara
Golf Course was designed to handle the Phase III storm drain system extensions.
Hillside Development Permit:
The hillside development permit is required for the grading operations due to the sloping
topography of the Phase III site. No significant topographical features exist in the area and
the severe slope areas over 40 percent are now proposed for preservation. By relocating
the single family areas to the sloping areas of Planning Areas 17 and 22, the proposed
grading can conform to the hillside development standards such as roadway design and
screening of slopes. The only slopes that would exceed the 30 foot height maximum would
be associated with the line and grade of Poinsettia Lane, and cannot be modified. The
design of many Planning Areas has been revised to incorporate contour grading techniques
or to eliminate manufactured slopes all together.
ANALYSIS
The findings required for the approval of a master plan amendment, general plan
amendment, tentative map, and hillside development permit are found in sections
21.38.110, 21.52.030, 20.12.091, and 21.95.030, respectively. The required analysis for
a local coastal program amendment is found in various sections of Title 14 of the California
Code of Regulations and Division 20 of the Public Resources Code. The detailed findings
for each permit are listed in the attached resolutions, therefore the following analysis
examines the essence of these criteria.
1. Is the proposal consistent with the goals and objectives of the various elements of
the General Plan?
2. Is the proposal consistent with the provisions of the Mello I, Mello II, and East
Batiquitos/Hunt Properties segments of the Local Coastal Program?
- -
MP 177(G)/GPA 93-Ob/LCPA 92-Ol/CT 92-03/HDP 92-04
AVIAR4 PHASE III
NOVEMBER 17, 1993
3. Is the proposal consistent with all applicable provisions of the Carlsbad Municipal
Code?
4. Is the proposal sensitive to the site and compatible with existing and future
surroundings?
DISCUSSION
1. General Plan Consistency
The proposed amendments to the Aviara Phase III project are consistent with the various
goals and objectives of the General Plan. The Circulation Element calls for each addition
to the circulation system to be a usable link in the overall system. By extending Poinsettia
Lane eastward and Blackrail Court southward to connect with Alga Road, the project
allows for complete circulation in the area. Also regarding circulation, all streets within
the project are designed to provide service levels which will be safe and convenient for
anticipated traffic volumes. All public facilities needed for the Phase III development would
be provided concurrent with development, thereby conforming to the goal of the Public
Facilities Element. As stated in the attached environmental impact assessment, the Phase
III proposal would not interfere with any emergency response plans which may conflict
with the Public Safety Element, and the potential geologic hazards would be eliminated or
reduced to insignificant levels as required by the Geologic and Seismic Safety Element.
A preliminary noise study was conducted for the overall project and future noise studies
are required for Planning Areas 18 and 19, which are adjacent to Poinsettia Lane. This
provision ensures consistency with the Noise Element of the General Plan, which seeks an
environment free from excessive or harmful noise. The connectivity and species variation
of the natural open space system being preserved and enhanced maintains consistency with
the goals of the Open Space and Conservation Element and the City of Carlsbad Habitat
Management Plan. The community park site within Phase III will provide recreational
opportunities for’ residents beyond the limits of Aviara, consistent with the Parks and
Recreation Element. No scenic highways exist in Phase III and all areas of archeological
or historical significance have been evaluated in accordance with the City’s Cultural
Resources Guidelines.
The proposed General Plan Amendment will guarantee consistency with the Land Use
Element by accurately depicting the existing and proposed development within Aviara’s
Combination District. In addition, the proximity of the park and church/day care site to
Poinsettia Lane and the slope sensitive residential density conforms to the land use
guidelines contained in the Land Use Element. By providing a mix of residential uses in
Phase III, the proposed development demonstrates consistency with the goals of the
Housing Element.
MP 177(G)/GPA 93-OWLCPA 92-Ol/CT 92-03/HDP 92-04
AVIARA PHASE III
NOVEMBER 17, 1993
2. Local Coastal Program Consistency
The Aviara Master Plan area is contained in the Mello I, Mello II, and East Batiquitos
Lagoon/Hunt Properties segments of Carlsbad’s Local Coastal Program. One of the basic
goals of the Local Coastal Program is to assure that coastal resources and access are
maintained through orderly and sensitive development. Despite it’s relatively long.distance
from any coastal resources, the Phase III area does eventually drain into the Batiquitos
Lagoon. To prevent any increased siltation of the lagoon from the development, the
existing desiltation basins located within the golf course in Phase I were constructed to
accommodate the Phase III drainage. There are no designated coastal agricultural lands
within the Phase III project area and the depressed topography of the area reduces the
potential visual impacts.
The open space areas set aside with the original master plan approval were placed under
deed restriction by the California Coastal Commission to prevent future development. The
network of deed restricted open space did not include some environmentally sensitive slope
and did include some disturbed, non-native areas. As development has progressed in
Aviara, these open space areas have been adjusted to better reflect the site-specific
conditions. The Phase III project proposes to amend the existing deed restricted areas,
however the habitat being preserved or acquired in the trade is of higher quality than that
being developed. A larger amount of the upland coastal sage scrub habitat is proposed for
deed restricted open space, opting to remove a secondary eucalyptus grove instead.
Since the master plan text is the implementing ordinance for the Local Coastal Programs,
internal consistency of the proposed master plan amendment must also be shown. All
proposed permitted uses, development standards, and design criteria are consistent with
those allowed in existing single family and multifamily planning areas. The proposed Phase
III amendments are therefore consistent with the applicable segments of the Local Coastal
Program.
3. Municipal Code Consistency
There are several parts of the Carlsbad Municipal Code (C.M.C.) that apply to this master
plan amendment/tentative map application review, namely Titles 19, 20, and 21. Title 19
contains the legislation regarding environmental review for projects. By undergoing review
in conformance with the provisions of the California Environmental Quality Act, the project
has also conformed to the provisions of Title 19 - Environment.
As briefly discussed in the tentative map description, the proposed subdivision complies
with all provisions .of Title 20 - Subdivisions. All proposed lots will front on a publicly
dedicated street designed to City standards. The existing and proposed water, sewer, and
storm drain systems are adequate to accommodate the proposed subdivision and the private
storm drain system in the Aviara Golf Course has been designed to accept the Phase III
-
MP 177(G)/GPA 93-~u/LLPA 92-Ol/CT 92-03/HDP 92-04
AVIARA PHASE III
NOVEMBER 17,1993
drainage. The proposed lot configuration meets all requirements of the Subdivision Map
Act and Section 20.16.110 of the C.M.C. regarding subdivision design. The tentative map
is conditioned to provide offsite circulation improvements in the form of a through
connection of Blackrail Court and Poinsettia Lane from Alga Road to Ambrosia Lane, as
permitted by Section 20.16.030(f). All other improvements and grading will be reviewed
simultaneous with the final map review, therefore the proposed subdivision complies with
the provisions of Title 20.
The portions of Title 21 applicable to the Phase III project are Chapters 21.38 (P-C Planned
Community Zone), Chapter 21.52 (Amendments), Chapter 21.90 (Growth Management),
and Chapter 21.95 (Hillside Development Regulations). The underlying zone of the Aviara
Master Plan is Planned Community (P-C) which details the requirements and necessary
contents of a master plan and guides the amendment procedures. The Phase III
amendment has met all submittal requirements and presented evidence that all required
findings can be made. Detailed studies in open space preservation, facilities impacts and
phasing, fiscal ramifications, and habitat enhancement were submitted and reviewed, as
required in Sections 21.38.060 and 21.38.120. In similar fashion, the proposed General
Plan Amendment was submitted and reviewed in accordance with Chapter 21.52.
The Phase III project area is contained within the Local Facilities Management Plan (LFMP)
for Zone 19. This plan was adopted in December, 1987, and the proposed Phase III
amendments still comply with the plan. As discussed in the General Plan Consistency
section, the Aviara Master Plan has not been built to the intensity expected by the LFMP,
therefore all facilities are more than adequate for the eventual impacts. The proposed
tentative map has been conditioned to conform to the existing Zone 19 LFMP, as well as
any amendments that may occur to the plan. By adding the higher density residential
designations to the General Plan Combination District, consistency with the Growth
Management Control points is also maintained.
The topography of the Phase III project site causes the need for a Hillside Development
Permit, which is described in Chapter 21.95 of the Carlsbad Municipal Code. As mentioned
in the project description, the Phase III development was revised to increase sensitivity to
the hillside constraints. The single family developments were moved to the sloping areas
and terraced grading schemes were employed. All graded slopes will be screened by
residences, landscaping, or a combination of both. Contour grading techniques have been
indicated on the tentative map grading and only those slopes associated with Poinsettia
Lane exceed the 30 foot high maximum. Increased grading due to Poinsettia Lane and the
landslide reinforcement and over-excavation raises the total grading volumes to over
l,OOO,OOO cubic yards. While this translates to over 10,000 cubic yards per acre, Section
21.95.070(a)(4) allows for possible modifications to the grading volume restrictions if
unusual geotechnical or soils conditions exist or if a Circulation Element roadway is
included in the grading. By excluding the grading associated with the landslide area and
Poinsettia Lane, the grading volumes fall to acceptable ranges. The roadways and overall
MP 177(G)/GPA 93-O~/LLPA 92-Ol/CT 92-03/HDP 92-04
AVIAIW PHASE III
NOVEMBER 17, 1993
grading scheme are designed to follow the existing terrain. Given the above, the Phase III
proposal is consistent with the applicable portions of the Carlsbad Municipal Code.
4. Compatibility with Site and Surroundings
As detailed in several sections above, the proposed Phase III development is designed
around the existing constraints of the site. The general topographic trend of a valley
bounded by slopes with upland vegetation will remain. Almost the entire slope area on the
west side of the project site is being preserved as a wildlife corridor and the various
planning areas will step down the sloping valley floor. The proposed land uses are still a
combination of residential and community facility uses and the road alignments were
slightly altered to be sensitive to the site and surroundings.
The Phase III development is also sensitive to the adjacent properties. Several parcels to
the southeast of the project will use Ambrosia Lane for eventual access and the Poinsettia
Lane alignment and the Ambrosia Lane intersection have been designed to accommodate
offsite grades and intersection spacing. The surrounding area is designated for residential
development of similar density as Phase III and large setback from all master plan
boundaries have been incorporated into the development standards. In summary, the
Phase III proposal has been designed to specifically relate to the existing site and
surroundings as well as future adjacent development.
Iv. GROWTH MANAGEMENT
The Phase III proposal is located within Local Facilities Management Zone 19 in the
southwest quadrant of the City. With the proposed Phase It1 amendments, the buildout for
the Aviara master plan totals from 2,002 to 2,300 dwelling units, which is over 500 units
less than that anticipated by the LFMP. As conditioned, all public facilities necessary to
accommodate the proposal will be provided concurrent with development.
The impacts on various public facilities created by the construction and occupation of the
dwelling units within Phase III and the compliance with adopted performance standards
are summarized below and also contained in the attached Local Facilities Impacts
Assessment Form.
MP 177(G)/GPA 93-bu/L~PA 92Ol/CT 92-03/HDP 92-04
AVIARA PHASE III
NOVEMBER 17, 1993
FACILITY STANDARD IMPACTS
City Administration 2.047.7 sq. ft.
COMPLIANCE WITH STANDARD
YES
Library
Wastewater
1,092.l sq. ft. YES
699 EDUs YES
Parks
Drainage
4.09 acres
N/A
YES
YES
Circulation
Fire
5,318 ADT
Station #4
YES
YES
Schools
Sewer Collection
N/A YES
699 EDUs YES
Water Distribution I 154,000 GPD YES
Open Space N/A YES
V. ENVIRONMENTAL REVIEW
Although the third phase of the Aviara was incorporated into the original environmental
impact report for the master plan (EIR 86-2(A)), the proposed amendments and redesigns
necessitated another look at potential impacts. After review of several detailed studies, the
Planning Director issued a Mitigated Negative Declaration for the Aviara Phase III proposal
on October 14, 1993. The Mitigated Negative Declaration and applicable environmental
impact assessment is attached to Planning Commission Resolution No. 3573. Mitigation
measures in the areas of geologic safety, air quality, paleontology, biology, sewer capacity,
noise,. and scenic preservation have been included to reduce any potential adverse
environmental impacts to a level of insignificance. The Mitigated Negative Declaration was
distributed to all responsible agencies for review and no comments were received.
SUMMARY
The Aviara Phase III proposal is consistent with all applicable legislation and ordinance and
is compatible with both the project site and surrounding properties. Based upon the
required mitigation measures, no significant adverse environmental impact will occur due
to implementation of the project. Therefore, staff is recommending approval of MP 177(G),
GPA 93-06, LCPA 92-01, CT 92-03, and HDP 92-04.
-
MP 177(G)/GPA 93-WLLPA 92-Ol/CT 92-03/HDP 92-04
AVIARA PHASE III
NOVEMBER 17, 1993
PAGE 11
ATTACHMENTS
1.
2.
3.
4.
2:
7.
8.
9.
10.
11.
Planning Commission Resolution No. 3573
Planning Commission Resolution No. 3574
Planning Commission Resolution No. 3575
Planning Commission Resolution No. 3576
Planning Commission Resolution No. 3577
Planning Commission Resolution No. 3578
Location Map
Background Data Sheet
Disclosure Form
Local Facilities Impact Assessment Form
Exhibits “A” - “M”, dated November 17, 1993.
October 27, 1993
MG:vd
BACKGROUND DATA SHEI- x
CASE NO: MP 177(G)/GPA 93-06/LCPA 92-Ol/CT 92-03/HDP 92-04
CASE NAME: Aviara Phase III
APPLICANT: Aviara Land Associates
REQUEST AND LOCATION: Adjustment of neinhborhood sizes, nroduct mix,
develonment standards and subdivision and rough grading of neinhborhoods in Phase III
of the Aviara Master Plan. along Ambrosia Lane, north of Alga Road.
LEGAL DESCRIPTION: A uortion of the east half of the southeast ciuarter of Section 22,
and a portion of the north half of Section 27, all in TOWIIS~~D 12 south, Range 4 west. in
the Citv of Carlsbad. San Dielpo Countv.
APN: 215-040-19/20/21. 215-080-24 Acres 140
Proposed No. of Lots/Units 156 lots/589 units
GENERAL PLAN AND ZONING
Land Use Designation RLM/RM/RC/NC/OS
Density Allowed 552 DUs Density Proposed 582 DUs
Existing Zone P-C Proposed Zone P-C
Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning
Requirements)
Zoning Land Use
Site P-C Vacant
North P-M Planned industrial development
South P-C Vacant residential and golf course
East RD-M-Q & L-C Vacant & agriculture
West L-C Agriculture
PUBLIC FACILITIES
School District Carlsbad Water District Carlsbad Sewer District Carlsbad
Equivalent Dwelling Units (Sewer Capacity) 699 Public Facilities Fee Agreement, dated March 9, 1992
ENVIRONMENTAL IMPACT ASSESSMENT
X Mitigated Negative Declaration, issued October 14. 1993
- Certified Environmental Impact Report, dated
Other, MG:vd
--
AppuGfb,Ts SATEMEfd? Of Dsxcsa OF CZAIN CWNGiSnlP w ON AU APWUTIONS WHICH WIG mUIRE
~ISC;;~~MARY rC;ION ON ;nE ?Ai;i CF TdE t? CSUNCL OR IHY - BOARD. COMMl5SlON OR CSiMII&
(Please PM)
The fcllowing inforr;iation most be disclosed:
1. ADUliC2ti
tis: tile names and addresses of all persons having 2 finan&J interest in the aolication. -Aviara Land Associates Limited
2011 Palomar Airport Rd. Suite 206
Uarlsbad, CA YLOUY
Partnership . .
2 Owner
tist &he’ names and addresses of all persons having any ownership interest in the property involved.
Avinra Td Campany a TIPlavara coaoratlon . 450 Newport Center Drive Suite 304 - Newport Beach, CA 92660
3. If any person identified pursuant to (1) or (2) above is 2 corporation or partnership, list t!e names and
addiesses of all individuds owning more than t 0% of *De shares in the corporation or owning any pamershp
interest in the partnership. Henry Hillman 450 Newport Center Drive
Suite 304 Newport Beach, CA 92660
4.
180 N. Riverview Drive
Suite 130 Anaheim, CA 92808
If any person identified pursuant to (1) or (2) above is a non-profit organiztion or, a trus2, list the nar;les and
addresses of any penon serving ts ofker or director of the non-pro!8 organization or as trustee or beneficiq
of *he trust
N/A
--
Disdcsure Stztemcti
5. :+ave you had T;iora Z?a 5250 woti of business transacted wia any member of City r&&f, 5~3~
Camnissiarx, Commit&es and Council witch the pa+= twehre monhs?
Yes No X If yes, please i&ate pemn(s) - m irmon i Cdnd u: r~ . ‘Amyindir;du~~ ooorn.nhis.joinrwrtrr~. nm&ha b&J dub. truund orgMi8non. c~raoon. l su1a. 72s
r~m*l. vn&uI*, 38. d &my cs)W tow. * d WV * =un;ciw, W W m -4 MU- 01 y OFIW StOUB Of
eomtinrjon u2nc u l WC’
@JO’% Xi;ac~ l ddkiorat pges as ncctsuy.)
Aviara Land Associates Limited Partnership, Aviara Land Associates Limited Partnership, a Delaware limited partnership a Delaware limited partnership
BY: Aviara Land k&pany, a Delaware BX., Aviara Lan T mpany, a Delaware --ccqgration, General Partner corporation, Ge eral Partner
BY: Republic Development Co., a By: Republic Development Co., a California c oration, \--Ge-ceral Parhe 9
By: nt Secretar B Y' 1 . . nt Sec. Sign8turr of Appiiant/D8te
Print or Type Name of Owner Print or Type Name of Applicant
h
--
CITY OF CARLSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
(To be Submitted with Development Application)
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: Aviara Phase III - MP 177(G)/GPA 93-06/LCPA 92-Ol/CT 92-03/HDP 92-04
LOCAL FACILITY MANAGEMENT ZONE:= GENERAL PLAN: RLM/RM/OS/RC/N ZONING: p-c
DEVELOPER’S NAME: Aviara Land Associates
ADDRESS: 2011 Palomar Airnort Road, Suite 206. Carlsbad. CA 92009
PHONE NO.: (619) 931-1190 ASSESSOR’S PARCEL NO: 215040-19,20,21, 215-080-24
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 140 Gross Acres/589 DUs
ESTIMATED COMPLETION DATE: 1995
A.
B.
C.
D.
E.
F.
G.
H.
1.
J.
K.
L.
City Administrative Facilities: Demand in Square Footage = 2.047.7
Library: ,Demand in Square Footage = 1,092.l
Wastewater Treatment Capacity (Calculate with J. Sewer) N/A
Park: Demand in Acreage = 4.09
Drainage: Demand in CFS = N/A
Identify Drainage Basin = N/A
(Identify master plan facilities on site plan)
Circulation: Demand in ADTs = 5,318
(Identify Trip Distribution on site plan)
Fire: Served by Fire Station No. = NO. 4
Open Space: Acreage Provided - N/A
Schools: N/A
(Demands to be determined by staff)
Sewer: Demand in EDUs - 699
Identify Sub Basin - N/A
(Identify trunk line(s) impacted on site plan)
Water: Demand in GPD - 154,000
The project is 1,268 units below the Growth Management Dwelling unit allowance.
h
-,
EVON GARDENS
6525 El Camino Real
Carlsbad, California 92008
(619) 931-8487
DATE: November 17, 1993
!vlmQ To: Planning Ccxrnission, City of Carl&ad, California
3334: Evelyn E. !%Kinney, Even Gardens
SJBJTT a!. > : Response to Public Bearing on Aviara Phase III
All games have rules. even in poker, certain rules must be followed. Bowever, Cxlsbad's Staff, the Applicants, and the
Developers keep moving the coal -posts in the game olay of 7one 20 to keep the property ov~ers guessing as to which body they must appear in order to make their point.
I stood before you on June 16th in opposition to the Specific Plan for Zone 20, because of it's imnact on my business and my land due to the alignment of Poinsettia Tane. You'll remember my visual presentation I'm sure. You approved the Specific Plan excludiw the alignment of Poinsettia TLane, and indicated you needed to study the impact of that aligrrrent further.
At the Council meeting held on the 9th of November, Staff presented the Specific Plan for lone 20, "excluding Poinsettia Lane alignment, as it's going to be presented in each develoners preliminary plan to the Planning Ccxtxnission." Thus, foregoing pronere owners frcxn
s-peaking to the issue before the City Council.
I PIACE BEFORE YOU NOW, IT-T DELIMA OF A PIECEMEAL~ALIG~~J'T.
An ali gnment proposed by each developer and/or applicant to satisfy
their needs or plans. Each applicant applies at a different time which can create a hodge-pqe with no regard to working in concert
with existing property CkJners or other developers, and CAN create a real delirra for the Cannission when 52 ,pro.perty awners G involved
in Zone 20, several of whcun are affected by the placemen t of Poinsettia
Lane andrray be TRAPPED~~, to coin a phrase used by one of city's engineers, because of approved placement in Zone 19 and 21. After all- - - the road must meet in the middle. My question is Where WIT& Poinsettia meet fran west to east or east to west AND where will it actually exist?
I am not a developer nor do I intend to develm, but, if I were a developer i"d want Poinsettia Lane on sanebody else's property so I'd have all my land possible to develop and sell. rJbnev is the name of their game. Bowever, money is also the reason I'm in business.
If Poinsettia Lane is allawed to be approved as planned in the preliminary plans of the developers, my land, my business, and the incane from my business for three generations is 'J??E!LJ,Y CXNF. My land will be in cxoached upon fran the north @ Poinsettia, frcxn the east by Elack Rail Road, and from the south by the proposed collector road. I will have NOIXINC LEFT OF MY VALUABLE IJQD. A copy of the encroac?ment is attached to this copy.
I propose to you, as the Planning Catmission, to rrake sure
Poinsettia Lane is planned and apprcmed from the west to El Camino Real,
prior to acceptance of any preliminary map. Let's have a planned com- munity by the Planning Cam&ion for the benefits of the citizens
involved, not a ?cdge podge approved on a piece meal presentation for
the benefit of the developers.
-I.
-
EVON GARDENS
6525 El Camino Real
Carisbad, California 92008
(619) 931-8487
MT??: NoLmlber 17, 1993
EIFVT T-l: Plannix Commission, City of Carlsbad, California
FRCf': Ronald C. EkTlinnq, E'von C3rden.s
SuRl-Ec??: Response to Public Hearing on Aviara Phase III
E?ave you ever heard of the fisherman who built a boat in his basement, and then had no means by which to get it out? mhat's called - - - NOT PIAWTNG PlY'FA3. I appeal to this Planning Ccxnnission
to plan ahead.
When I qmke to you before, T exnlained about the ,oricinal
alignment of Poinsettia laid out by R.C..Smith in 1967, which was
located much further north from the present proposal. And, was
subject only to ETIEJQR adjustments.
Due to present developers desires to a-ire the very best in .
evq facet of a project and still capitalize on the highest income
return, Poinsettia Lane alignment has kcome a pawn.
Poinsettia Lane has had two more tentative alignments besides the one in 1967 in zone 20, and I understand several tentative alignments in zone 21. All tentatives because a firm decision was not made by the developers involved as where it would serve their best interests.
We have Poinsettia poured in concrete, literalkr, in zone 19. @ne of your OI~M staff me&ers, an engineer, told me Avaira made the
starting pint of Poinsettia Lane in zone 19, and it waw changed again
on the east side of zone 20 for Avaria, that means those inbetween are "S?ucI"' . Those inbetween are 52 propertv OcJners in Zone 20, and my
business, oronerty, and interests lie in the heart of where Poinsettia
is "S?ua'." . In that process of the develoners "STICKING" me, I lose
all useable land in my business.-
NW at the City Council meetiq, City Staff explained the
aliqnment of Poinsettia will be determined bv FAD-T develoner, in turn,
when the tentative maps are presented to this body. What a slip-shod plan that turns out to be. If the Planninq Comnission isn't careful thev could have a Toat built in their basement with no way out".
In order to avoid sailing your boat in the basement, it takes planning and foresight. And, needless to sav, that's what the Planning Commission
must use in order to control this run-a-wav use of Poinsettia Lane as a pawn.
I nronose tl-e Planninff Cmissior, nlan Poinsettia Lane Aliment
throu&out 5m-n it's mesent- existance in We west to Pl Camino Real in
the east and remire t3.e develoners to develon around where tFe road
will he constructed. -xmT 15 IXTT! ! !
T+e nresent attemr-k of the sta? and develoners is nlannincr the Fouses, then nut the road in sane+exe so it would pot interfer with their buildings, inhance their sellincr !<otential, and if necessarv, make use of land of others, reqardless of tt-e consequences.
I irmlore TIOU, the Dlanning Camission, to nut a stm to this insane sect&al nlan and nut nlanninq, order and continuitv in the byildincr of our cormunit-7. Mabe the develmers build to YCrJR desiqn,
not you agree to tleirs.
Minutes of: PLANNING COMMISSION
Time of Meeting: 6:00 P.M.
Date of Meeting: November 17,1993 Place of Meeting: CITY COUNCIL CHAMBERS
CALL TO ORDER:
Chairman Noble called the Regular Meeting to order at 6:16 p.m.
PLEDGE OF ALLEGIANCE:
The pledge of allegiance was led by Commissioner Schlehuber.
ROLL CALL:
Present:
Absent:
Staff Present:
EXHBIT 7
&
Chairman Noble, Commissioners Betz, Erwin, Savary, Schlehuber, and Welshons
Commissioner Hall
Gary Wayne, Assistant Planning Director
Anne Hysong, Assistant Planner
Jeff Gibson, Associate Planner
Bobbie Hoder, Senior Management Analyst
Don Rideout, Senior Management Analyst, Growth Mgmt
Karen Hirata, Deputy City Attorney
Bob Wojcik, Principal Civil Engineer
Steve Jantz, Associate Engineer
COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA:
There were no comments from the audience.
APPROVAL OF MINUTES:
ACTION: Motion by Commissioner Erwin, and duly seconded, to approve the Minutes of the
Regular Meeting of November 3, 1993, as submitted.
VOTE: 6-O
AYES: Chairman Noble, Commissioners Betz, Erwin, Savary, Schlehuber, and Welshons
NOES: None
ABSTAIN: None
PUBLIC HEARING:
0
4. MP 177(G)/GPA 93-06/LCPA 92-Ol/CT 92-03/HDP 92-04 - AVIARA PHASE III - Request for the
approval-of a Mitigated Negative Declaration, a Master Plan Amendment and Local Coastal Program
Amendment to adjust neighborhood sizes, product types, and development standards, a General
Plan Amendment to add designations to the existing Combination District, and a Master Tentative
Map and Hillside Development Permit to create and rough grade the neighborhoods, including 133
single family lots, and major streets within the third phase of the Aviara Master Plan, along future
Ambrosia Lane and north of existing Alga Road in Local Facilities Management Zone 19.
Gary Wayne, Assistant Planning Director, stated that staff had just become aware of a noticing problem.
He requested the Commission to continue this item to December 1,1993 so that it can be noticed properly.
MINUTES
PLANNING COMMISSION November 17,1993 PAGE 2
ACTION: Motion was made by Commissioner Schlehuber, and duly seconded, to continue Aviara
Phase III to December 1, 1993.
VOTE: 6-O
AYES: Chairman Noble, Commissioners Betz, Erwin, Savary, Schlehuber and Welshons
NOES: None
ABSTAIN: None
Chairman Noble opened the public testimony and issued the invitation to speak to anyone who could not
attend the December 1 st meeting.
There being no persons desiring to address the Commission on this topic, Chairman Noble declared the
public testimony closed.
- Request for approval of an
a financing plan and
agement Analyst, Growth Mgmt, reviewed the background of the request and
ted in the northwest quadrant of Carlsbad, bounded by El Camino Real on the
d Zone 5 on the south. The LFMP for Zone 24 was originally adopted on
December 20, 1988. It mended once on September 17, 1991 to reflect the approval of the Eagle
Canyon project and modi the open space within the zone. The current amendment will
incorporate a financing p ing the plan up to date. Zone 24 includes the existing Falcon Hills
Mobile Home Park, which conta 5 dwelling units. There are two approved Tentative Maps (Evans
Point and Eagle Canyon) and II property ownerships with no current entitlements or
applications pending. Mr. Rid hat several significant changes have occurred since adoption of
the original LFMP and the 1991 amend
* The Evans Point subdivision CT 191-3
projections in the original LFMP. At the sa
additional 29 units, not anticipated in the ori
than the original LFMP projection.
roved for 199 dus, which is 67 units fewer than the
e, the Eagle Canyon subdivision provides for an
MP. The net result of these changes is 15 dus less
* The City’s calculation of population for growth mana been modified. In 1988, staff used
2.471 persons per dwelling unit (du) to calculate pop wever, when the 1990 census results
bad was less than that. Therefore, the
per du. This has resulted in a
change in the population of the zone at buildout and a ch
are based on population.
demand for certain facilities which
* Community Facilities District (CFD) No. 1 has been formed by the City ide for facilities with
Citywide benefit. LFMP Zone 24 is a participant in that facilities district.
Mr. Rideout reviewed each facility in the LFMP, the changes which staff is reco
for the changes (fully explained in the staff report), as follows:
ing, and the reasons
Parks - That the parks condition be modified to require payment for park-in-lieu and p
the normal time the project is processed.
MINUTES
PLANNING COMMISSION December 1,1993 PAGE 2
CONTINUED PUBLIC HEARING:
MP 177(G)/GPA 93-06/LCPA 92-Ol/CT 92-03/HDP 92-04 - AVIARA PHASE III - Request for the
approval of a Mitigated Negative Declaration, a Master Plan Amendment, and Local Coastal
Program Amendment to adjust neighborhood sizes, product types, and development standards, a
General Plan Amendment to add designations to the existing Combination District, and a Master
Tentative Map and Hillside Development Permit to create and rough grade the neighborhoods,
including 133 single family lots, and major streets within the third phase of the Aviara Master Plan,
along future Ambrosia Lane and north of existing Alga Road in Local Facilities Management
Zone 19.
Michael Grim, Assistant Planner, reviewed the background of the request and stated that the applicant is
requesting a variety of permits and amendments to rearrange some of the uses, add approximately 37
units to the overall yield, install infrastructure, mass grade some of the neighborhoods, and establish the
open space areas for Aviara Phase Ill. He moved to the board and used architectural diagrams to assist
him in describing each of the changes being requested.
Mr. Grim stated that Phase Ill is the northernmost extension of the Aviara Master Plan. One of the reasons
for many of the proposed changes is that the alignment of Poinsettia Lane has moved slightly northward,
forcing a relocation and reconfiguration of some planning areas, including the community park site.
Planning Areas 17, 21, and 22 were changed from multi-family to single family which better follows the
topography of the land and allows a more sensitive grading plan. Planning Areas 18, 19, and 20 will
remain in multi-family. Planning Area 326 will remain as the church and daycare site. Planning Area 23
will remain as a future commercial site (it currently houses the information center).
Some of the Phase III revisions have allowed staff to improve environmental preservation. The original
master plan showed a large portion of the sage scrub being removed to enable development. The
development has now been removed from that area to allow for a wildlife corridor which connects to other
wildlife opportunities in Zone 20. Access to Aviara Phase III will be via Ambrosia, connecting to Poinsettia
Lane. Due to the cul-de-sac policy, the project has been conditioned to extend Poinsettia Lane westward
to Blackrail Court, and Blackrail southward to its existing terminus in Planning Area 23. All public facilities
would have to be provided concurrent with development. The Master Plan and Local Coastal Plan
amendments were needed to rearrange these uses and to add the single family use. The tract map and
Hillside Development Permit were required to subdivide the neighborhoods and each single family lot in
Planning Areas 17,21, and 22, since the area is a hillside area and the grading had to conform to the
Hillside Development Ordinance.
The proposed amendment to the General Plan will add new density designations to Aviara. Mr. Grim
explained that, typically, when densities are calculated, the total size of the planning area, less constrained
areas, is multiplied by the maximum allowed density in order to arrive at the maximum number of units.
Because some of the developable areas in Phase Ill were converted to open space, it was necessary to
cluster a portion of the development into smaller areas. The resulting density of the clustered areas fell
into the medium-high or high range. As a result, residential medium-high (RMH) and residential high
(RH) designation had to be added to the master plan. This new designation does not increase the density
of the entire project and, in fact, the project is coming in approximately 25% less than originally proposed.
Nor does it create any impacts to neighborhoods because sufficient setbacks are being required. Mr. Grim
MINUTES
PLANNING COMMISSION December 1, 1993 PAGE 3
assured the Commission that all of the planning areas will have separate site development plans or PUD
permits and they must each come back for approval by the Commission.
Staff feels that the proposed plan is an improvement over the original plan because it takes advantage of
the hillsides for sensitive grading. It also preserves more open space. A mitigated negative declaration
was distributed to all responsible agencies for review and no comments were received. However, the
project is conditioned to go to the Fish & Wildlife Service and Department of Fish & Game to obtain any
permits which may be required.
Mr. Grim concluded his presentation by stating that the Aviara Phase III proposal is consistent with with the
General Plan, the Local Coastal Program, all applicable sections of the Carlsbad Municipal Code, the Local
Facilities Management Plan for Zone 19, and it is built to be sensitive to its site and surroundings. Staff,
therefore, recommends approval, with the modifications to Resolution No. 3577 contained in staff memo
dated November 17, 1993 and the revision to Condition #9, Resolution No. 3573, as contained in staff
memo dated December 1,1993.
Commissioner Welshons inquired if Poinsettia Lane was being pushed north or south. Mr. Grim stated
that it was being pushed north.
Commissioner Welshons stated that the staff report indicates in several places that Poinsettia Lane is being
shifted southward. Mr. Grim stated that these are typographical errors and he will see that they are
corrected.
Commissioner Welshons requested staff to explain the meaning of “unconsolidated alluviums.” Bob
Wojcik, ‘Principal Civil Engineer, replied that this is slough which runs off the canyon sides into the valley,
filling up the area. Sometimes there are significant depths of 20-30 ft. It is sometimes necessary to export
this type of fill because it cannot be used.
Commissioner Welshons inquired if this material could cause settling of the homes. Mr. Wojcik replied that
this is correct. In buildable areas, where there are substantial deposits of alluvial soil, it can either be
removed or, in cases where it is extremely deep, overfill can be placed on top of it for compaction before
building pads are constructed.
Commissioner Hall requested staff to confirm that before a home could be built on that type of soil, it would
have to meet certain compaction standards. Mr. Wojcik replied that this is correct. The compaction
standards are called out in the soils report. There is also a monitoring program called for in the soils report
to monitor the consolidation to industry standards before any construction could begin on that pad.
Commissioner Hall inquired what effect, if any, the realignment of Poinsettia Lane has had on the adjoining
property. David Hauser, Assistant City Engineer, explained the design of the alignment. Initially, when
Zone 19 was done several years ago, the alignment of Poinsettia Lane was more southerly and went right
through the middle of several properties. Typically, staff requires roads to follow property lines so that the
burden is shared. By moving the alignment northward, it reduced the impacts to the adjoining properties.
On the portion of the alignment which goes through to El Camino Real, staff began with four different
alignments. When the Zone 21 plan came in, it stated that they would lock down an alignment before any
development could occur. That portion of the Poinsettia Lane is now down to two possibilities because two
of the alignments were scrapped when it became apparent that they each required 80 ft. of fill to reach El
Camino Real. He pointed out on the map where the McKinney property and the Saska. home were located.
Commissioner Schlehuber inquired as to when the remaining alignment for Poinsettia Lane would be
determined. Mr. Hauser replied that there are no plans at this time to extend Poinsettia past Blackrail
Court to Alga Road. He thinks there is an application under preliminary review which would trigger
extending Poinsettia to Blackrail Court. The City is preparing a financing mechanism for all three zones
which will establish a fee program for Zones 19, 2d and 21 and would require developers throughout the
MINUTES
PLANNING COMMISSION December 1,1993
zone to pay fees for some property acquisition and for construction of the basic roadway, i.e. median, curb,
and two lanes. The fee program would include the entire length of Poinsettia Lane from El Camino Real to
Alga Road and Alga Road from Poinsettia Lane to Palomar Airport Road.
Commissioner Schlehuber inquired how the extension to Blackrail Court will get paid for. Mr. Hauser
replied that the developer must acquire the property for the right-of-way and build the road. If the
developer can't get it done, the City would consider lending its powers of condem-
nation.
Commissioner Savary inquired about the distances to connect the proposed Poinsettia with the existing
Poinsettia. Mr. Hauser replied that it is approximately 1,500 ft.
Commissioner Welshons referred to Resolution No. 3573 regarding noise mitigation impacts and inquired
if it is necessary to specify each segment of Planning Area 32, i.e. 32A, 328, etc. Mr. Grim replied that
staff feels that specifying Planning Area 32 should be sufficient because it encompasses everything.
Commissioner Erwin inquired as to what is the net maximum increase in units. Mr. Grim replied that it is
37 units. The staff report should read 552 units instead of 522 units.
Commissioner Welshons inquired if staff has seen the agreement for the two water tanks which will be
installed. Mr. Grim replied that he had been contacted by Jerry Whitley of the Carlsbad Municipal Water
District and he advised that all of the arrangements to provide service for Aviara had been made. He has
not personally seen the agreements.
Commissioner Welshons inquired if the conditioned improvements on Blackrail Court would underground
the existing overhead utilities. Mr. Wojcik replied that it cannot be done with this development because the
overhead lines are not on the frontage of the development. Improvements are only required to meet the
cul-de-sac standards which is why only 28 ft. of pavement is all that is required, plus whatever utilities
would normally be underneath that pavement. Normally the overhead utilities are not in the middle of the
street: they are usually in the parkway or off to the side. Since those utilities are not located where the
pavement is required to be, those lines will stay in place.
Commissioner Welshons inquired if the City is trying to get all of the utilities underground eventually. Mr.
Wojcik replied that they are trying to do it, wherever we can. In addition to City codes, there are certain
State codes which specify when we can or cannot require underground utilities.
Chairman Noble commented that the priority on underground utilities is very simple. SDG&E puts up a
certain amount of money each year. The Underground Utilities Commission, which he sits on, meets
about once a year to determine a priority list.
Chairman Noble opened the public testimony and issued the invitation to speak.
Larry Clemens, Hillman Properties, 2011 Palomar Airport Road, Suite 206, Carl&ad, addressed the
Commission and stated that the Aviara project began in 1983 and it has now comprised 10 years. This is
the last master plan for Aviara and he is sure that everyone is happy to see the plan coming to fruition. A
project of this scale and scope cannot happen overnight. Phases I and II are on target from a master
development standpoint. They are now ready to begin processing Phase Ill. He agrees with the staff
recommendation and the modifications they have suggested. However, he would like to make one minor
change to Resolution No. 3573, Condition #7, on page 3. He would like the condition to read, “...the
Batiquitos pump station expansion shall be guaranteed prior to approval of any final map and complete and operational prior to the issuance of any certificate of occupancy.” He has discussed this with staff and he
believes that wording would be acceptable to them.
Commissioner Welshons inquired where the Batiquitos pump station is located. Mr. Clemens replied that it
is located along the Phase II boundary immediately west of the most westerly boundary, right at the trail.
MINUTES
PLANNING COMMISSION December 1,1993 PAGE 5
Ronald McKinney, 6525 El Camino Real, Carlsbad, addressed the Commission and stated that he is
concerned about the piecemeal planning of Poinsettia Lane. It looks to him as though the alignment changes at the whim of developers and where it would best serve their interests, without regard to the 52
property owners in Zone 20. In his case; the proposed alignment of Poinsettia would cause him to lose all
useable land in his agricultural business. He urged the Planning Commission to require the Poinsettia
Lane alignment be fixed all the way to El Camino Real and then require the developers to develop around
the road, instead of vice versa. He believes that is the logical planning approach. His comments are
contained in his letter to the Planning Commission dated November 17, 1993 which is on file in the
Planning Department.
Commissioner Schlehuber advised Mr. McKinney that Mr. Hauser has identified a number of environmental
concerns if the northern alignment option is selected. One concern in particular is the canyon. He would
be interested in hearing a rebuttal if there is additional information that the Commission needs to be aware
of. Mr. McKinney replied that the canyon is not directly in the path of the alignment, that the canyon is
more to the east on the Kaiser property.
Commissioner Schlehuber advised Mr. McKinney that the entire alignment must fit together. Mr. McKinney
replied that the property is flat and there is no canyon in the path as Mr. Hauser stated. He would like to
see the alignment moved a little farther north, instead of on the property line.
Commissioner Schlehuber stated that it is City policy for road alignments to follow property boundaries.
Mr. McKinney replied that it doesn’t make sense to tear down buildings for a road when there is vacant
land a short distance away.
Gregory Saska, 6701 El Camino Real, Carlsbad, representing himself and Isabel Saska, addressed the
Commission and stated that if the proposed southerly alignment of Poinsettia Lane to El Camino Real is
selected, it will take half of his property and significantly reduce the property value. The roadway would be
80 ft. from his house and he feels he would have to move because of the noise and loss of privacy. He
thinks there are alternatives which could be made that would not affect his property. If the alignment were
just a little further south than what is portrayed on the board, he could plant some trees to shield the noise.
Commissioner Welshons advised Mr. Saska that the Commission is not considering that part of the
Poinsettia alignment this evening. Mr. Saska replied that he is aware of that but he would like the Aviara
developer to know the problems he will have and that he is willing to work with them for a solution.
Evelyn McKinney, 6525 El Camino Real, Carlsbad, addressedthe Commission and stated that she has
stood before on June 16, 1993 in opposition to the Specific Plan for Zone 20 because of the impact it will
have on her livelihood. Staff indicated that they needed to give the Poinsettia Lane alignment further study
so the Specific Plan was approved without the alignment included. When the plan was subsequently
presented to the City Council, staff stated that the develop.er in each zone would determine the alignment.
No consideration was given to the property owners who would be adversely affected. Ms. McKinney is
opposed to the piecemeal alignment of Poinsettia Lane because many of the property owners, such as
herself, in Zone 20 will be trapped because Zone 20 lies in between Zones 19 and 21. Her land and
livelihood will be severely affected by the proposed alignment because she will be encroached upon from
the north by Poinsettia, from the east by Blackrail Court, and from the south by the proposed collector
road. She claims she will have nothing left of her valuable land which has been in her family for three
generations and is her sole source of income. She urged the Commission to have consideration for
someone besides the large developers. She would like to see the alignment set and the developers
develop around it, not vice versa. She believes that is the logical planning approach. Her comments are
contained in her letter to the Planning Commission dated November 17, 1993 which is on file in the
Planning Department.
Commissioner Betz inquired what percentage of her property is being affected by the current proposed
alignment. Ms. McKinney replied that this alignment will take about half of her property. If the road is
MINUTES
PLANNING COMMISSION December 1,1993
40 ft. wide and the slope on each side is 20 ft., there would have to be 80 ft. setbacks, which would
consume about half of her property. When Blackrail Court goes in, there will be another cutting of
20-40 ft. Because that cut will also go down, they will need extensive setbacks again, taking another large
portion of her property.
Commissioner Welshons inquired if there is a dirt road behind her property. Ms. McKinney replied that
there is. At the present time it is only a maintenance road for the water department. The water easement
is off to the side.
Commissioner Welshons referred to her statement that the road will go where the developers have the
most to gain. She inquired if Ms. McKinney believes that to be true or if the alignment is based on
environmental factors. Ms. McKinney replied that she has had private conferences with three or four
engineers who told her that Aviara was accommodated in Zone 19. When the alignment was set for
Zone 21, it was also done in a way that would accommodate Aviara. She was told by staff engineers that
she was trapped.
Commissioner Hall inquired how many acres she owns. Ms. McKinney replied that her property is 5.2
acres.
Commissioner Hall inquired how far the road would need to be moved back to help save her business. Ms.
McKinney replied that the southern part of their property is solid rock, which can’t be used for growing
anything. The alignment now being proposed goes through the productive part of their land which would
leave them with the rocky section and nothing else.
Commissioner Hall inquired if she would be happy to have the road off her land entirely. Ms. McKinney
replied yes.
Commissioner Welshons inquired how far north the alignment could be moved to help her out. Ms.
McKinney replied that if it were moved 60-80 ft. north it would be a big improvement.
There being no other persons desiring to address the Commission on this topic, Chairman Noble declared
the public testimony closed and opened the item for discussion among the Commission members.
Commissioner Hall requested Mr. Hauser to return and explain the alignment in more detail. David
Hauser, Assistant City Engineer, went to the diagram and stated that that Poinsettia Lane would require
102 ft. of right-of-way plus and additional slope easements. He conceded that Ms. McKinney may be
correct in some of her statements. Blackrail Court is adjacent to two water towers. There is a canyon on
the DeJong property. If the Commission would like to move the alignment, staff will follow their direction.
However, the point where Poinsettia intersects with Alga is fixed. Staff has attempted to keep the
alignment on the property line but if the Commission desired, it could be moved a little bit to the north.
Commissioner Savary inquired if moving the alignment to the north would affect other property owners.
Mr. Hauser replied that it would take away some of the developable land.
Commissioner Schlehuber inquired if the curve would create any traffic problems. Mr. Hauser replied that
the curve could probably be accommodated but it would necessitate creating a different connection for
Blackrail Court.
Commissioner Schlehuber inquired who owns that land. Mr. Hauser replied that it is owned by several
property owners, one being the DeJongs.
Commissioner Welshons inquired how far the Commission needs to go tonight in determining the
alignment. Gary Wayne, Assistant Planning Director, replied that the alignment has undergone
environmental review but there may be some further details which could be checked out. The precise
MINUTES
PLANNING COMMISSION December 1, 1993
alignment would not have to be decided tonight. The project could be conditioned to realign Poinsettia
Lane.
Michael Grim, Assistant Planner, commented that other property owners were noticed but they are not
here tonight. They might have come in to the Planning Department, looked at the map, and decided that
since it didn’t affect them they would not attend.
Commissioner Erwin commented that he is not prepared to move any alignments tonight without hearing
from other property owners.
Commissioner Schlehuber requested staff to comment on the buildings which Ms. McKinney said were
saved in the past. Mr. Hauser stated that the building was a packing shed which was owned by the
Tabatas. Ten years ago when the alignment was first discussed, the packing shed was taken into
consideration and the road was moved. Another reason it was moved was to avoid some offsite
acquisition. The environmental restrictions were also much different ten years ago. If this was being
proposed today, we would probably say the shed has to be moved or torn down.
Commissioner Welshons inquired how CEQA weighs the loss of personal property against environmental
concerns. Mr. Grim replied that CEQA is designed to look at environmental impacts and not economic
impacts. It is not as though the property owner wouldn’t get reimbursed for that land. What happens is
that they lose an option to develop the property their own way and they end up having a road on their
property. CEQA would look at the best alignment for native vegetation, sensitive topography, and things of
that nature. It wouldn’t speak to the economic aspects or the hardship which would be incurred by people.
Commissioner Welshons. inquired if he means that personal financial hardship is not given consideration.
Mr. Grim replied that this is correct, although there are tradeoffs. If Aviara goes ahead and puts in this
road, that is one less improvement that the other property owners have to finance until they are ready to
develop. It’s really a timing issue.
Commissioner Welshons stated that the tradeoff could be that they are already developed the way they
want to be. Mr. Grim replied that this is correct.
Mr. Wayne stated that the decision probably cannot be deferred on the alignment. The comment made by
Mr. Hauser is very important with respect to the coastal zone. There are some sensitive coastal resources
in that canyon. To have the alignment approved, it has to have the least amount of environmental impacts.
Anything that would add fill to that canyon probably would not be approved through a coastal development
permit. The second point is that Commissioner Erwin is probably correct. If the Commission really wants
to look at moving the alignment, it should be continued so that all parties can study the changes in the
alignment to see the impacts facing them. This decision should not be deferred to the City Council until
the Planning Commission has an opportunity to deal with it.
Commissioner Hall inquired what time period a deferral would involve. Mr. Wayne replied that he doesn’t
know how long it would take to get the parties together. It is possible that it could be done in two weeks if
that is a real consideration of moving that road.
Commissioner Hall stated that 5 acres is not a very large piece of property but it has been owned by one
family for three generations. To the people that have worked this land for that long, there should be some
consideration given to them, although Commissioner Hall thinks the property line is probably the best
location for the road. However, if the property the north was more accommodating and it worked in their
best interests, which he doubts, maybe there could be a tradeoff. He thinks there may be more than the
property line involved because the McKinneys have a lot to lose if they lose their livelihood.
Commissioner Schlehuber inquired if the alignment moves further north, would the McKinneys be
assessed a fee because the road doesn’t go through their property. He referred to the benefit laws and
MINUTES
PLANNING COMMISSION December 1, 1993 PAGE 8
stated that if the road were moved off their property, it is assessable to them because they are benefitting
from it. However, if the road goes through their property, they are considered to have contributed and
would not have to pay an additional fee. Mr. Hauser replied that if the road is moved off their property,
they would be off the hook. Even if the road were moved, he thinks the McKinneys would lose a corner of
their property.
Karen Hirata, Deputy City Attorney, stated she understood the general principle to be that a major road
would be going through large undeveloped areas and the cost of that major road would be distributed
between the property owners in proportion to the percentage which the road benefited their property.
Therefore, if the road were going to be right next to their property, effectively servicing their property, and if
at some later date they wanted to develop that property, they would be required to reimburse the prior
developers for the part of the road which benefitted their property at the time they developed it. In the
sense that they are dedicating land, she is not sure in practice if that is credited against the fees or
whatever reimbursements the developer makes.
Mr. Hauser replied that the fee program being developed, which should come out sometime after the first of
the year, right-of-way dedications are not incorporated into the fee portion. There would probably be
some monies established in the fee program for some property acquisitions but it wouldn’t necessarily
identify the specific property because the development potential is unknown. Staff is not setting up the
program to give credits against the fees for property which is dedicated. The fee program would
incorporate those with frontage as well as those without frontage. It would essentially include all of the
Zone 19 and Zone 20 properties which were,not included in the prior Alga Road assessment district.
Everyone would pay the same costs, regardless of where their property is located. Each individual
property owner would be responsible for their own frontage improvements, i.e. outside lane, curb, gutter,
street lights, and sidewalk.
Commissioner Schlehuber stated that if the roadway is located entirely on one owner’s land, he has to
make the improvements for both sides of the road. This is why it is more equitable to make the alignment
follow the property boundaries. Mr. Hauser replied that is correct.
Mr. Hauser commented on the portion of Poinsettia Lane which runs to El Camino. Since the alignment
has not been decided yet, he feels there is still time to make some adjustments. He thinks it may be
possible to vary the alignment between 50-80 ft. and still be okay.
Commissioner Schlehuber stated that he could accept a continuance for two weeks but he doesn’t like the
idea of putting the entire burden on one property owner. Not only do they get the road on their property
but they have to construct all the improvements for both sides of the road. He thinks that may be putting a
financial burden on the northerly property owner.
Commissioner Hall inquired if a right-of-way will be taken when the road goes through and if someone will
be compensated for the land. Mr. Hauser replied that is correct unless the property owner dedicates the
land for free. In all probability there would be a payment made.
Commissioner Hall stated that the point he is trying to make is if a person has a large amount of acreage,
they will receive a financial benefit. Perhaps the northerly property owner would want to take that fee,
whereas the people to the south would have a much greater impact because their property is small. He
inquired if they would be compensated for the business loss of their land. Mr. Hauser replied that Aviara is
not going to build a road across the McKinney property. They bring it to the doorstep of the McKinneys but
it stops there. It will be the next project that will punch it through. If the McKinneys are not willing to
negotiate for the sale of the right-of-way, and it has to go to condemnation, the condemnation will pay
compensation for the land taken and for the lost business use of the property as well.
Commissioner Betz inquired if Aviara is only going to Blackrail Court, and will not affect the McKinney
property at this time, is there some way that particular alignment can be separate from what is being
MINUTES
A -
PLANNING COMMISSION December 1,1993
considered tonight. Mr. Hauser replied that it cannot be separated because it is part of the Tentative Map.
There would be no room for any maneuvering of the alignment between Blackrail and Alga Road.
Commissioner Betz inquired if the alignment which would force the road through the McKinney property is
still negotiable after Aviara Phase Ill is approved tonight. Mr. Hauser replied that it is not, only the method
of purchase would be negotiable.
Commissioner Erwin commented that the Commission does not have information to make a legitimate
decision on the alignment. He would like to have included in the, approval of Phase III a condition that staff
must meet with the other property owners, come to a compromise, and include it in the presentation to City
Council when it goes forward. The City Council would then have the information to make a decision.
Commissioner Welshons stated that she heard the City Council say that the Planning Commission has to
make these decisions. If it is necessary to continue it for two weeks until we get additional information, we
do it and send our recommendation to Council at that time.
Gary Wayne, Assistant Planning Director, stated that Ocean Bluff is in for processing. It is a tentative map
and is fully engineered. It has relied on this alignment for its engineering. To make changes now would
require Ocean Bluff to be reengineered and replanned. The environmental review stated that this was the
best alignment from an environmental perspective. There would have to be discussions and
considerations made to alter the plans. If all of the burden is placed on Ocean Bluff, the project would
have to be completely redesigned and resubmitted.
Commissioner Erwin stated that he is sorry this hasn’t been addressed earlier. The McKinneys have been
making this issue for a long time. They have made it abundantly clear that this is their livelihood. It
represents an enormous financial interest to them and it is a matter of public record. If their property is
taken, I think they have made it very clear that they will expect more than adequate remuneration.
Chairman Noble agrees with Commissioner Welshons and accepts the information given tonight as being
the best possible solution. However, it might be a good idea for staff to talk to the other property owners so
that when it goes to City Council they will be prepared to answer about the alternatives.
Commissioner Savary thinks that staff has already made that determination, that this is the best possible
solution.
Commissioner Welshons stated that she heard staff say this evening that there might be a way to adjust
the alignment slightly to the north. The McKinneys have made it abundantly clear that this will disrupt their
livelihood. We keep passing the buck. She thinks the Commission needs to try and work out a solution. If
the adjustment can’t be engineered, then we bite the bullet.
Mr. Wayne stated that it is established City policy to split alignments along property lines wherever possible
but it can be engineered another way. There has been no consideration of the environmental impacts for
the alternative alignments mentioned tonight.
Commissioner Hall stated that staff has followed established policies and he thinks there may be to many
hurdles to make minor adjustments at this. late date.
Commissioner Schlehuber commented that anything can be engineered but it still comes down to the fact
that he realizes the McKinneys are being hit heavily and they will have to be compensated accordingly.
Nevertheless, it would not be fair either to require Ocean Bluff to go to the expense of reengineering. He is
satisfied that the most equitable method is to have the alignment follow property boundaries.
MINUTES
PLANNING COMMISSION December 1,1993 PAGE 10
ACTION: Motion was made by Commissioner Schlehuber, and duly seconded, to adopt Resolution
No. 3573 recommending approval of the Mitigated Negative Declaration, and adopt
Planning Commission Resolution Nos. 3574,3575, 3576, 3577, 3578 recommending
approval of MP 177(G), GPA 93-06, LCPA 92-01, CT 92-03, and HDP 92-04 based on
the findings and subject to the conditions contained therein, including (1) the
modifications to Resolution No. 3577 contained in staff memo dated November 17,
1993; (2) the revision to Condition #9, Resolution No. 3573, as contained in staff memo
dated December 1, 1993; and (3) a change to Condition #7 of Resolution No. 3573 to
read, “...the Batiquitos pump station expansion shall be guaranteed prior to approval of
any final map.”
VOTE: 7-o
AYES: Chairman Noble, Commissioners Betz, Erwin, Hall, Savary, Schlehuber and Welshons
NOES: None
ABSTAIN: None
ACTION: A Minute Motion was made by Commissioner Erwin, and duly seconded, that staff
develop possible options for the realignment of Poinsettia Lane which would address the
concerns of the McKinneys and the Saskas, and have them available when this project is
presented to the City Council. This motion in no way presumes to decide which option is
best because that information is not available at this time.
VOTE: 7-O
AYES: Chairman Noble, Commissioners Betz, Erwin, Hall, Savary, Schlehuber and Welshons
NOES: None
ABSTAIN: None
Commission recessed at 8:07 p.m. and reconvened at 8:18 p.m.
PUBLIC HEAR
Facilities Management 20
- Request for an appeal of the
r the existing West Bluff Plaza
El Camino Real in Local
David Rick, Planning Technician II, r ckground of the request and stated that the applicant is
appealing the Planning Director’s denial of amendment for the West Bluff Plaza Shopping
Center located on the northeast corner of A Camino Real. The proposed amendment
would allow 30 sf. of double-faced, multi-t etween the two supporting columns of an
existing 20 ft. high freestanding sign. The sign prog
in 1979. When reviewing sign programs, the Planning
signage by controlling the types, colors, location, mater ions of the signs. As with all sign
programs, the director used his discretion in reviewing the W laza sign program to restrict
signage to the extent necessary in order to establish the desired si
Staff is recommending that the Commission uphold the Planning Director’s
amendment for three reasons. The first reason involves the aesthetic quality
Adding numerous multi-tenant signs to the freestanding monument would c
a sign that would be undesirable in appearance. Also, the existing sign program a
adequate display of signage. The second reason is because the proposed sign does
Camino Real corridor development standards. The development standards require t
monument signs not exceed 7 ft. in height above the street grade. The sign as it exis
MINUTES
EVON GARDENS
6525 El Camino Real
Carlsbad, California 92008
(619) 931-8487
January 20, 1994
City Council
c/o Mayor Lewis
1200 Carlsbad Village Drive
Carlsbad, California, 92008-1989
Dear Councilpersons:
Once again I find it necessary to put the city of Carlsbad and it's
Public Officials on notice of lack of compliance with the Carlsbad
Municipal Code -- Public Hearings # 21.54.060 as well as a General
Law City's requirement to comply with California Government Code --
Public Hearings W 65090.
I have NOT been notified of:
MP 177 (G)/GPA 93-6/LCPA 92-l/CT 92-3/HDP 92-4 AVIARA PHASE III
to be heard by the Council on Tuesday, January 25, 1994. I have a
right and a need to be notified, as this item is not only Zone 19,
but traverses into Zone 20 and TOUCHES'MY LAND. I just happened to
overhear a discussion pertaining to this hearing. That is how I
happen to know it is even on the adgenda. Interestingly, in checking
with my neighbors, they haven't been duly notified either.
It seems to be quite often the city of Carlsbad neglects to notify
it's citizens of Public Hearings, I notified the city I needed to
be notified on:
July 22, 1988
Sept.11, 1985,
Sept.14, 1993 and now once again on----
Jan. 20, 1994.
Please see attachments.
ATTACHMENTS (3)
cc:
Ray Pachett, City Manager
Aletha L. Rautenkranz, City Clerk
Lloyd Hubbs, City Engineer
Michael Holzmiller, Planning Director
Marty Orenyak, Director Community Development, Asst. City Mgr.
City Attorney
September 30, 1993
Mr. Ronald C. McKinney
Evon Gardens
6525 El Camino Real
Carlsbad, CA 92008
RE: REQUEST FOR NOTICE
I received your letter dated September 25, 1993, and am treating it as your request to be
notified of public hearing items going before Council concerning Zone 20.
In accordance with Section 65090 of the Govemnent Code, a notice will be mailed to you
for those items going before the City Council as a public hearing. Please note that we will
be mailing notices & when items are to be considered at a public hearing before the City
Council.
As in the past, your request will be valid for one year and shall expire on September 30,
1994. At that time, you may renew your request should you still desire to receive notice.
If you have any questions concerning the above, please call me.
City Clerk
lr .
1200 Carlsbad Village Drive l Carlsbad, California 92008-l 989 - (619) 434-2808 a9
AFFIDAVIT OF PUBLICATION
County of San Diego 1 ss.
STATE OF CALIFORNIA )
I have been duly sworn as the Legal Advertising Representative
of the Blade-Citizen, a newspaper of general circulation, publlshed gzzn;rnes a week in the City of Beach and Carlsbad,
County of San Diego, State of California, with circulation in Cardiff, Carlsbad, Del Mar, Encinitas, La
Costa, Leucadia, Olivenhain,
Ranch0 Santa Fe & Solana Beach and that the notice of which the
annexed is a true copy, was pub lished in said newspaper on the following dates:
Jan. 16, 1994
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
Dated January 16, 1994
/ v
Legal Advertising Representative Blade-Citizen Newspaper
PROOF OF PUBLICATION
Public Notice
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALlFORNIA
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 the principal clerk of the printer of
Blade-Citizen
a newspaper of general circulation, printed and published daily in the City of Oceanside and qualified for
the City of Oceanside and the North County Judicial
district with substantial circulation in Bonsall, Fallbrook, Leucadia, Encinitas, Cardiff, Vista and Carlsbad, County of San Diego, and which newspaper has been adjudged a newspaper of general circulation by the Superior
Court of the County of San Diego, State of California. under the date of June 30,1989, case number 171349; that the notice, of which the annexed is a printed copy
(set in type not smaller than nonpareil), has been
published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
January 15, 16, 1994
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
Dated at Oceanside,Califomia, this 1 7 -day of Jan. 1994 . ---- &;;;;g -------.
BLADE-C&EN Legal Advertising 1722 South Hill Street
RO. Box 90 Oceanside, CA 92054 (619) 433-7333
This space is for the County Clerk’s Filing Stamp
‘roof of Publication of
Notice of Public Hearing
January 21, 1994
Mr. C Mrs. Ronald McKinney Evon Gardens 6525 El Camino Real Carlsbad, CA 92008 ,
RE: AVIARA PHASE III/POINSETTIA LANE NOTICE OF PUBLIC HEARING
Dear Mr. & Mrs. McKinney:
This letter is to inform you that a public hearing before the City Council beginning 6:00 PM on January 25, 1994 will be held to discuss the above project.
This hearing concerns a tentative map, Aviara Phase II, that will establish one section on the proposed alignment of Poinsettia Lane. This section may or may not encompass your property, however this will be the first actual establishment of a portion of Poinsettia Lane which I understand affects your interests.
Please feel free to contact me at (619) 438-1161, extension 4499, if you have any questions.
Sincerely,
CITY OF CARLSBAD 1
' MICHAEL GRIM Assistant
arb
2075 Lag Palmas Drive - Carlsbad. California 92009-l 576 - (619) 438-l 161 @
:’ /
I
.J 6INi, .---__ __ --- , - -_ _- -.a_. , 'd-l'-Zd -
lfT3$;g:; PyBLIC
-*=vrrrrzY," & .
Hk AKltQ A JF, 31’94
Et IQ23 No.008 p.02
)Ip 177W~PA 93 * 61LePb 92 IN 92 . . WDP 92 4 m
AWBddULU
NOTICE IS HEREBY GiiEN that-the City Council of the City of Carlsbad will hold a public hearing &the City Council Chambers, 1200 Carlsbrd Village Drive, Corlsbad, California, at 6:00 p.m., on Tuesday, January 25, 1994, to consider approval of a Mitigated Negative Declaration: an application for a Master Plan Amendment and Local Coastal Program Amendment to adjust nelghborhood sizes,
product types, and development standards; a General Plan Amendment to add designations to the exlsting Combination District:'and a Master Tentative Map and Hillside Development Permit to create and rough grade the neighborhoods, including 133 single-family lots, and major streets within the third phase of the Aviara Master Plan, on property generally located along future Ambrosia Lane and north of existing Alga Road in Local Facilities Management Zone 19, and more
particularly described as:
A portion of the east half of the southeast quarter of Section 22, and a'portion of the north half of Section 27, all in Township 12 South, Range 4 West, San Bernardino Meridian, in the City of
Carlsbad, County of San Die o, official plat thereof, R State of California according to as s own on Record of Survey No. 10774,
recorded In the Office of the San Oiego County Recorder, October 30, 1986.
If you have any questions regarding this matter, please call Mike Grimm in the
Planning Oepartment at 438-1161, extension 4499.
If you challenge the Mitigated Negative Declaration, Master Plan Amendment, local
Coastal Program Amendment, General Plan Amendment, Tentative Tract Map and/or Hilisfde Development Permit In court, you may be lfmlted to raislng only those
issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Carlsbad City Clerk's Office at, or prior to, the public hearing. -
APPLICANT: Aviara land Associates
PUBLISH; January IS, 1994
CARLSBAD CITY COUNCI 1
.
January 21, 1994
Mr. George R. Bolton 6519 El Camino Real Carlsbad, CA 92009
RE: AVIAR~~ PHASE III/POINSETTIA LmE NOTICE OF PUBLIC HEARING
Dear Mr. Bolton:
This letter is to inform you that a public hearing before the City Council beginning 6:00 PM on January 25, 1994 will be held to
discuss the above project.
This hearing concerns a tentative map, Aviara Phase II, that will establish one section on the proposed alignment of Poinsettia Lane. This section may or may not encompass your property, however this will be the first actual establishment of a portion of Poinsettia Lane which I understand affects your interests.
Please feel free to contact me at (619) 438-1161, extension 4499, if you have any questions.
Sincerely,
CITY OF CARWBAD /
MICHAEL GR Assistant
arb
2075 Las Palmas Drive l Carlsbad, California 92009-l 576 - (619) 436-l 161 . @
January 21, 1994
Victoria Fernandez PO Box 395 Cardiff, CA. 92007
RE: AVIARA PHASE III/POINSETTIA LANE NOTICE OF PUBLIC HEARING
Dear Ms. Fernandez:
This letter is to inform you that a public hearing before the City Council beginning 6:00 PM on January 25, 1994 will be held to discuss the above project.
This hearing concerns a tentative map, Aviara Phase II, that will establish one section on the proposed alignment of Poinsettia Lane. This section may or may not encompass your property, however this will be the first actual establishment of a portion of Poinsettia Lane which I understand affects your interests.
Please feel free to contact me at (619) 438-1161, extension 4499, if you have any questions.
Sincerely,
CITY OF CARLSBAD 4
MICHAEL GRIU Assistant Planner
arb
. 2075 Las*Palmas Drive - Carlsbad, California 92009-l 576 - (619) 438-l 161 @
January 21, 1994
Elenore J. Liguori Pearl D. Ortiz Frances M. Hunden 11739 S. Toerge Drive La Mirada, CA. 90638
RE: AVIARA PHASE III/POINSETTIA LANE NOTICE OF PUBLIC HEARING
This letter is to inform you that a public hearing before the City Council beginning 6:00 PM on January 25, 1994 will be held to discuss the above project.
This hearing concerns a tentative map, Aviara Phase II, that will establish one section on the proposed alignment of Poinsettia Lane. This section may or may not encompass your property, however this will be the first actual establishment of a portion of Poinsettia Lane which I understand affects your interests.
Please feel free to contact me at (619) 438-1161, extension 4499, if you have any questions.
Sincerely,
CITY OF CARLSBAD /
MICHAEL CR&I-/ Assistant Planner
arb
2075 Las*Palmas Drive l Carlsbad, California 92009-l 576 - (619) 438-l 161 @
January 21, 1994
Daljit & Elaine Sarkaria PO Box 5986 Orange, CA 92613
RE: AVIARA PHASE.III/POINSETTIA LANE NOTICE OF PUBLIC HEARING
Dear Mr. & Mrs. Sarkaria:
This letter is to inform you that a public hearing before the City Council beginning 6:00 PM on January 25, 1994 will be held to discuss the above project.
This hearing concerns a tentative map, Aviara Phase II, that will establish one section on the proposed alignment of Poinsettia Lane. This section may or may not encompass your property, however this will be the first actual establishment of a portion of Poinsettia Lane which I understand affects your interests.
Please feel free to contact me at (619) 438-1161, extension 4499, if you have any questions.
Sincerely,
CITY OF CARLSBAD /
MICHAEL GRIW Assistant Planner
arb
2075 Las Palmas Drive - Carlsbad, California 92009-1576 - (619) 438-l 161 @
January 21, 1994
Isabel De Saska 6721 El Camino Real Carlsbad; CA 92009-4104
RE: AVIARA PHASE III/POINSETTIA LANE NOTICE OF PUBLIC HEARING
Dear Ms. Saska:
This letter is to inform you that a public hearing before the City Council beginning 6:00 PM on January 25, 1994 will be held to discuss the above project.
This hearing concerns a tentative map, Aviara Phase II, that will establish one section on the proposed alignment of Poinsettia Lane. This section may or may not encompass your property, however this will be the first actual establishment of a portion of Poinsettia Lane which I understand affects your interests.
Please feel free to contact me at (619) 438-1161, extension 4499, if you have any questions.
Sincerely,
CITY OF CARLSBAD I
MICHAEL GRIM Assistant
arb
2075 Las Palmas Drive l Carlsbad, California 92009-l 576 - (619) 436-l 161 @
January 21, 1994
Ocean Bluff Partnership 4370 La Jolla Drive, No. 120 San Diego, CA 92122
RE: AVIARA PHASE III/POINSETTIA LANE NOTICE OF PUBLIC HEARING
To Whom It May Concern:
This letter is to inform you that a public hearing before the City Council beginning 6:00 PM on January 25, 1994 will be held to discuss the above project.
This hearing concerns a tentative map, Aviara Phase II, that will establish one section on the proposed alignment of Poinsettia Lane. This section may or may not encompass your property, however this will be the first actual establishment of a portion of Poinsettia Lane which I understand affects your interests;
Please feel free to contact me at (619) 438-1161, extension 4499, if you have any questions.
Sincerely,
MICHAEL GRIM Assistant Planner
arb
2075 LaaPalmas Drive - Carlsbad, California 92009-l 576 - (619) 438-l 161
January 21, 1994
Arie De Jong, Jr. Family Trust 622 East Mission Road San Marcos, CA 92069
RE: AVIARA PHASE III/POINSETTIA LANE NOTICE OF PUBLIC HEARING
Dear Mr. De Jong:
This letter is to inform you that a public hearing before the City Council beginning 6:00 PM on January 25, 1994 will be held to discuss the above project.
This hearing concerns a tentative map, Aviara Phase II, that will establish one section on the proposed alignment of Poinsettia Lane. This section may or may not encompass your property, however this will be the first actual establishment of a portion of Poinsettia Lane which I understand affects your interests.
Please feel free to contact me at (619) 438-1161, extension 4499, if you have any questions.
Sincerely,
CITY OF CARLSBAD 1
MICHAEL GRI Assistant P
arb
2075 LasPalmas, Drive - Carlsbad. California 92009-l 576 - (619) 438-l 161 @
January 21, 1994
Mr. Guy Moore 6503 El Camino Real Carlsbad, CA 92009
RE: AVIARA PHASE III/POINSETTIA LANE NOTICE OF PUBLIC HEARING
Dear Mr. Moore:
This letter is to inform you that a public hearing before the City Council beginning 6:00 PM on January 25, 1994 will be held to discuss the above project.
This hearing concerns a tentative map, Aviara Phase II, that will establish one section on the proposed alignment of Poinsettia Lane. This section may or may not encompass your property, however this will be the first actual establishment of a portion of Poinsettia Lane which I understand affects your interests.
Please feel free to contact me at (619) 438-1161, extension 4499, if you have any questions.
Sincerely,
MICHAEL Assistant P
arb
2075 LasrPalmas Drive - Carlsbad. California 92009-1576 l (619) 438-l 161 @
- NOTICE OF PUBLIC HEARING -
HP 177lGI/GPA 93-61LCPA 92-l/CT 92-3/HDP 92-4
AVIARA PHASE Iu
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, January 25, 1994, to consider approval of a Mitigated Negative Declaration ; an application for a Master Plan
Amendment and Local Coastal Program Amendment to adjust neighborhood sizes, product types, and development standards; a General Plan Amendment to add designations to the existing Combination District; and a Master Tentative Map and Hillside Development Permit to create and rough grade the neighborhoods, including 133 single-family lots, and major streets within the third phase of the
Aviara Master Plan, on property generally located along future Ambrosia Lane and
.north of existing Alga Road in Local Facilities Management Zone 19, and more particularly described as:
A portion of the east half of the southeast quarter of Section 22, and a portion of the north half of Section 27, all in Township 12
South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California according to official plat thereof, as shown on Record of Survey No. 10774, recorded in the Office of the San Diego County Recorder, October 30,
1986.
If you have any questions regarding this matter, please call Mike Grimm in the Planning Department at 438-1161, extension 4499.
If you challenge the Mitigated Negative Declaration, Master Plan Amendment, Local
Coastal Program Amendment, General Plan Amendment, Tentative Tract Map and/or
Hillside Development Permit in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice
or in written correspondence delivered to the Carlsbad City Clerk's Office at,
or prior to, the public hearing.
APPLICANT: Aviara Land Associates
PUBLISH: January 15, 1994
CARLSBAD CITY COUNCIL
-
CII, d had
Y t77fal/Lcm 91-01,
AVIARA PHASE Ill
dR m-$;‘oy~)J/
(Form A)
TO:
FROM:
RE:
CITY CLERK’S OFFICE
PLANNING DEPARTMENT
PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notice AVIARA PHASE Ill -
MP-177(G)/GPA 93-06/LCPA 92-Ol/CT 92-03/HDP 92-04 for a public hearing before the
City Council.
Please notice the item for the Council meeting of qy . I
Thank you.
MARTY ORENYAK DECEMBER 30, 1993
Assistant City Manager Date
Attachments
-- A
I AVIARA LAND ASSOCIATES 2011 PALOMAR AIRPORT ROAD #206 CARLSBAD, CA 92009
3 STATE OF CALIFORNIA
C/O STATE LANDS COMMISSION 1807 13TH STREET
SACRAMENTO, CA 95814
CARLSBAD UNIFIED SCHOOL DISTRICT
801 PINE STREET
CARLSBAD, CA. 92008
JAMES FAIRBANKS 7116 MONOSA DRIVE CARLSBAD, CA 92009
THOMAS QUINN 1706 CATALPA ROAD CARLSBAD, CA 92009
8
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ALLRECEIVED
17 Jan., 1994 / 0
George Bolton
6519 21 Camino Real Carlsbad, Ca., 92009
Mayor Lewis City Council
Mr. F!ike Grimm
Re: Aviara, Phase III
It abnears that the project will straddle La Costa Blvd, (1885Z), which is
the main access road into the agricultural community by the two water tanks.
The west end of La Costa Blvd. has been detoured into a canyon by Djit Sukario
and is difficult to traverse in dry weather and will be impassable,in inclememt
weather. South of the two water tanks, Aviara has been permitted to fence off
Black Rail Court to Alga Road.
I am concerned that if the Aviara project is even slightly inconvienced by
traffic from the agricultural community, Clemmons will be permitted to sever
the East leg of La Costa Blvd. which is the last reliable ingress to the
community. The City has set precedence for this behavior at the expense of
the small land owners around the Tanks.
It is therefore prudent to request that the City Council give us some assurance
that the East end of Lacosta Blvd will be kept op&n to public traffic regardless
of whatever Aviara or any one else undertakes,
About two years ago, the community suggested that Black Rail Court be partly
upgraded using agricultural subsidy money from the Coastal Conservancy. The
City's representative, Mr. Gary Wayne, insisted thet Black Rail Court would
have to be sixty feet wide and first class all the way! Mow that Aviara is going
to pay for the upgrading, I notice the required width has been reduced to
twenty eight feet1 Very curious; Guess it depends on who is asking,
& >J7’31,,2”J- &I_,_ - - -=, 1’3 7z:Q 94ejl;tt 2
.
January 21, 1994
Mr. 61 Mrs. Ronald I&Kinney
Even Gardena 6515 El Cmino Real Carlebad, CA 92008
stat AVIARA PLumI ~II/Pof#m!mTA Ima NOTXCPl OP PUBLIC RBARI.WQ
Dear Mr. & Mrs. McKinney
This letter Is to inform you that a public hearing before the City Council beginning 6:00 PM on January 25, 1994 will ba held to discuss the above project.
This hearing concerns a tentative map, Avi&ra Phase II, that will establish one section on the proposed alignment of Poinsettia Lana. This section may or may not encolapasa your property, however thi6 will be the first actual establishment af a portion of Poinsettia Lane which I understand affects your interests,
PleaSe feel frea $0 COntaCt me at (619) 438-1161, extension 4499, if you have any questions,
Sincerely,
CITY OF CARLSBAD I
MICXUL GRZM\ Assistant Plan-
arb
2075 Las Paimcw Drive l Carlsbad, California 92008-l 576 - (819) 438-l l(51
-
SENT E’i’:::IT’i’ \3= I:IZPL,~QL ~ ; 1-21-d-? 2 : :agp/n ; E’l’3 728 5&5l;# 3,
January PI, 1984
CA TO: CiW MANAGER WJ
FROM: Ctty Engineer
WORGE BOLTON LEIT5A DATED JANUARY i?, 1894
In responee to Mr. Bolton’s letter it would appear that he has two oonoerns (7) Continued
access to the future Black Rail Court and (2) Access from the public street system to his
private access off of the extensions of the dirt raad which has been drssignated “La Costa Boulevard”
The conditions of approval of Aviars Phme II requlra the oonstruotlon of Ambrosia Lane
from Alga Road to Poinsettia Lane, Poinsettia Lane fram the east project boundary to Black WI Court and Black Rail Court back to Alga Road. This roadway system will be a publically matntained system under the full controlof the City, Throughout the design
and oonstruotion process all roadways will provide adsquate Access to private proper&s in the area, including “La Costa Boulevard!’
Staff will meet with Mr, Bolton prior to the Councfl meeting to further address his Eoncams
and will prepare a rsaponse to his letter,
If YCNJ have any further questions please let me know.
L5H:brg
Attachments
0: As&ant City Engineer As&ant Planning Ofrector Principal Civil Englnesr - Wojcik
5ENT B’~i : f: 1 T’ ,’ IPF ~XFCSEr;C ; I-21J3-3 2: QSPM ; 61’3 TW 0461;# 3
?T----- . \
‘\,>,c-rn \ \ ‘0 ,\ ’ ‘. \ ’ ‘. . “. .
-----l-
SENT E’i’: 1: I T’i’ OF CRFL’jEkD ; l-21-93 2: 1QPPl ;
Mayor Lewis
city Cornoil
Mr. Mike Grim
ALL RECEIVED
Ceorqr Bolton
6519 El Caarfnc Real
Car&bad, CA., 92009
1 Ret Aviara, Phase III
It roosars that the project will straddle La Costa Blvd, (18852), whioh is
the main access road into the agricultural. community by the two WAt6r tanks,
The west end of La Costa Blvd. has been detoured into a conyon by Djit Sulurio
and is difficult ta traverse in dry weather and will be impassablejin l.nclememt
weather. South of the two weter to&s, Aviara has been permitted to fence off
Blaak Flail Court to Alga Road,
I am concerned that if the Aviara pro&at is even rlightly inoonvienoed by
traffic from the agricultural comrnunlty, Clemens will be permitted to aever
the East leg of La Costa 9lvd.. which is the last reliable inqr~~~ to the '
' community. The City has set prsoedence for this behavior at the expense of
the rnell land owners around the Tanks.
It ia therefore prudent ta request that the Cfty Council give US some &ssuranue
that the East end of Lacosta Blvd will be kept opirn to public traffic reaardless
of whatever Aviara or any one else undertakss .
About two years ago, t%e community suggested that alaok Rail Court be partly
uppaded using agricultural subsidy money from the Cssstal Conservancy, The
City’e rspresentrtive, Mr, Gary Wnyne, insisted that alack Rail Court would
have to be sixty feet wide and first cl.sss all the wayi Now that Aviera is going
ta pay for the upgrading, I notice the required width has bean reduced to
twenty sight feat1 Very eurlous; Guosr it depenb on whd is asking,
City of Carlsbad
City Council
Carlsbad, CA
January 23,1994
Re: Aviara Phase III
Black Rail Road ALL RECEIVED
Dear Councilperson:
This letter relates to the January 25th Council agenda item
of Aviara Phase III and Black Rail Road. The accessing
of "Black Rail Road" is an old problem in this area.
Councilwoman Margaret Stanton and City Manager Ray Patchett
have been kind enough to try to help us with our problem
without success.
With the Leggo controversy on the same agenda it seems likely
that item will dominate the meeting. For that reason I am
including a copy of my letter to City Staff requesting
addition of 4 specific items to the Aviara Proposed Phase III.
I would appreciate your submitting this letter for the record
as my two minute council presentation.
Thanking you in advance for your kind consideration of my
request, I remain
cc: Major & council members
GUYS. MOORE JR.
6503 ELCAMINO REAL CARLSBAO. CA. 92009
-.
January 20, 1994
City of Carlsbad - Planning Department
Mike Grim Asst. Planner 2075 Las Palmas Drive Carlsbad, CA 92009-1576
Dear Sir:
This letter is in response to your suggestion made on l-17-94 that
the citizens of Zone 20 summarize their objections to the "Aviara
Phase III" projects in general and the proposed development of
"Black Rail Court" in particular.
The proposed development of Black Rail Court as a 28 foot paved
section on a 30 foot right of way is an ill conceived, unequitable,
and unacceptable solution to a complex problem. This creation of a
deficient road facility demands later stage construction on 13
different parcels of land adjacent thereto.
A similar project was proposed in early 1991, wherein construction
would be funded by the coastal conservancy with Mello II money
and costs recovered with a $10,000 an acre fee on conversion.
The City (Gary Wayne) refused to support this project and
managed to kill it. Asserting objections by the city engineer
to a sub-standard project. It'appears somewhat hypocritical
that what was not feasible in 1991, is acceptable in 1994 when
proposed by Aviara.
The undersigned wish the city to revise the Phase III proposal
in the following specific ways.
1. That Black Rail Court be developed to full 60 foot
width including all underground infrastructure in-
cluding natural gas and TV cable.
2. That construction and dedication be simultaneous
with Ambrosia.
3. In no event shall dedication be later then January 1,
1996. In the event this date is not met, Aviara will open
Black Rail until construction and dedication mentioned above.
4. Right of way and construction costs shall be shared
according to the developable residential units of bene-
factors. Right of way will be calculated at $200,000 an
acre (the price paid to Kaiser in eminent domain) and the
lowest construction bid in'.competitive bidding.
We are sorry we were not included in the original development
of this proposal. This is what comes from negative declarations,
no public hearings and the 2 minute gag rule before city officials.
6Ggooy3 7$$&,, CA~~SBAO. CA. 92oog
sincerely, :!;
<'
r--
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desired results prior to (iinnl map approval) issuance of building or grading pel-mj
luhichever occurs first. ts
The applicanr shall comply ~vi:h the City’s requirements of rhe National Pollutant
Discharge Elimination System (NPDES) permit. The applicant shall provide best
management practices to reduce surfxe pollutants to an acceptable level prior to
discharge to sensitive areas. Plans for such improvements shall be approved by the
City Engineer prior to approval of the final map, issuance of grading or bpilding
permit, whichever occurs first.
Plans, specificarions, and supporting documents for all public improvements shall
be prepared to the satisfaction of rhe City Engineer. Prior ro approval of rhe final
map in accordance \virh City Standards, the applicant shall install, or agree to install
and secure Lvith appropriate security as pro\-ided by laiv, improvemenrs shoivn on
the tentative map and the follotving improvements:
I. PRIOR TO RECORDING THE FINAL MAP FOR I-HE FIRST PHASE IN 13-K
SUBDMSION, THE FOI.[.OWING IMPROVEMENTS ARE REQUIRED:
A.
B.
C.
D.
E.
Poinsctia Lane within the subdivision boundaries shall have full
public improvements to major arterial standards or as approved by the
Ciry Engineer and Planning Director.
Offsitc Poinsctria Ime from the subdivision boundary to Blackrail
Cow shall be constructed with M width grading, two 14 foot wide
paved ccntcr lanes, median curbing, drainage facilities as needed and I
all sewer and utility lines that would be underneath the pavement.
/
:
The dcvelopcr may apply for a rcimbursemcnr agreement for these
improvements.
Ambrosia Lane within the subdivision boundaries shall have full public
improvements to local street standards.
Within the subdivision boundaries Blackrail Court shall have a
between-curb width of 48 feet in a 68 foot wide right-of-way as
shown on the tentative map from Alga Road to Street “I”. From
Stxeet “1” to the subdivision boundary the between-curb width shaI.l
taper from 48 feet wide to 40 feet wide. The taper shall be to the
satisfaction of the City Engineer.
Offsire Blackrail Court from the subdivision boundary to Poinsettia
Lane shall be constructed with a 28 foot wide paved roadway with
sufficient drainage control facilities as may be required and all sewer,
water and utility lines that would be underneath the paving.
-lO-
.
n
. - - . . , - . _ ,__ :<-r ,+.-rj, ::;.;y:;y.:: ‘2’;:. ;r’s:.‘:l ‘--; .: -. ‘,. - . : : ..-I.‘. ‘.L.. ,__-; ,“rl-f ir.~ I’;” .;: i 3.T:; .- : . . ..- “,...G”- ^._( ..” i , _. _.. 1 . . , A. .# 2 -7 “, c; I’ -- . .-pm. ,..“‘3” .‘..--....- -.
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-
January 5, 1594
Mike Grim, Asst. Planner
City of Carlsbad Planning Department
2075 Las Palmas Drive
Carlsbad, CA 92009-1576
Subject: Negative Declaration
E.I.R. Poinsettia Hill
Dear Sir:
This letter is in response to your negative declaration
publication notice of 12-23-93 for Poinsettia Hill.
.
On page 12, item 27 states "There is an unimproved, undedi-
cated access road traversing the Poinsettia Hill site - - - -".
This should be changed to "There is an unimproved, dedicated
public road 1885 Z traversing the Poinsettia Hill site -- ---.'I
This act of subdividing over a public road is not unique to
the Poinsettia Hill project but also prevails on the "Aviara"
Phase III Project, the Bramalia Project, Ocean Bluff and all
other proposed projects overlaying 1885 2 which is located on
the east-west trending ridge line. This road has been an un-
maintained public road since September 1, 1951, when at the
direction of the United States Bureau of Public Roads in concert
with the State of California and the County of San Diego
mapped it as being long opened to public traffic. It has
beeyreviewed and revised annually from 1951 to 1993.
For the city to continue to allow the developers and land
speculators to obstruct and ignore the only legal public
access is tantamount to declaring that all the homes and
business served by this road are land locked and without
legal access.
This de-facto inverse condemnation is already adversely
effecting Real Estate sales and denial of financial loan
applications.
It appears the city staff is cooperating with the developers
to sweep the community's only legal access under the rug.
Thank you are allowing us to comment on an ever increasing
problem .
Sincerely, 2
Guy'S. Moore, .Tv. /l
I
I . I
ELAX-RAiI, "nCAC
The citizens and landowners within the proposed Plack-Rail Read
cost recovery district request that the “Carlsbad A-gricultural
Improvement Review Board” recommend that the State Coastal Conservancy
authorize the dispersment of an amount not to exceed Five Rundred
Thirty Kine Thousand eight hundred sixty five dollars (.!534,F65)
from the Carlsbad Agricultural Improvement Fund to !;Be Falorrar-
Romona-Julian Resource Conservation District to provide con-
struction funds to pave and install sewer and natural gas faci-
lities according to attached city approved specifications and
cost estimates.
Rack Ground
In lSI1, at the recommendation of F.R.C. Toups Corp. of De1 Par,
an agricultural conversion fee of 320,000 per acre was assessed
against developers adjacent to Interstate 5 and Ranch0 La Costa
(now Aviara). The donor area’s were called Yell0 I lands. In l’iF?2
legislation was enacted to spend the funds generated by P’ello r to.
mitigate the adverse impacts of residential encroachment on
agricultural lands. These lands were recipient lands and re-
ferred to as I;ello II lands. Over the years these acts were
amended to reduce the amount of contribution by the donor areas!
and to alter the priorties of expenditures,from mitigation of
adverse impacts on agricultural lands; to priorities favoring
enviromental goals.
Cver the past 10 years the developers have rapidly advanced until
they have @,. aurrounded, and are in control of the only paved El... vehicular'a?.cess in addition 60 infrastructure critical to the
survival of this community of floraculture. We have reeeatedly #key appealed to both Local and State agencies for relief, and,,haven”t
even the courtesy 94 reply. (see attached corres$ondeace).
.
. . TkLe econorric irrpact of t'he proposeri ivello-300s assezsreE5 tiiritricr,
can not help but adversely irrpact the agricultural iands. 7 ‘K e
P:ello-Roos vote will be by the acre rather than one rran one vcte.
The great preponderance of the vacant lands are in the hands of
absentee land speculators therefore it is obvious the final de-
c; -: ens will be rrade in Newport Peach. Nost of the growers feel
;t to encurrber agricultural lands to provide up front resident-
laily oriented infrastucture,in the existing unstable econorry)is
cisking agricultural land as collateral to provide developers
cheap construction funds and arrounts to agriculture teing forced
to sutsidize developer’s projects. This type of funding together
with past canipulation of the Yelio II prograrr has spawned a new
concept “IWERSE YITIGATICK”.
Froponents of P.ello-Roos will point out taxes are passed through
(or delayed) until converted to developerrent. This does not
exerrpt the taxation; it only delays it.
Xe would like to point out that paving a 24 foot strip would not
only tenefit the growers with an all weather road, but also the
comunity by raking the area accessable to errergency vehicles as
well as utility rraintenace crews.
The installation of a sewer will not only elirrinate the chemical
toileta used by the growers but will elirrinate polluting of the
335,CCO,OOO Bataquitos Lagoon Enchancepent hroject by present
septic system perking therein.
The installation of natural gas lines will not only effect a saving
of 45% for the growers in lieu of propane, but also result in
conservatioti of our precious energy resource.
l MAY BE REDUCED TC
56’ FOR CULOE-SAC
OR LOOP STREETS
LOCAL STREET .
STANDARD STREET WI
$f Lx% /C-6-J crf EmllNf E II CAlT
SUPPLE#c’N?.~L pLv$ STANDARD W’. 1 *d-
CCXTRACT ITEYS
1. Preparation of Sub-grade
301.X 2376' = 71,280*f X .40
2. Rerrove large paln: tree - lurrp'surr
3. 6" C.T. Ease
2376' X 24' = 57.,02401 X .85
4. 3" A.C. Tave.
57,02$' X 1.20
5. 21" Sewer Main (S-4)
3000' K 61.00
6. 6 panholes 5' X 3' Plastic
Liner - epoxy rrortar 6 X 4,200
7. Zxc. Shoring 3000' c 11.00
8. Gas Pain Extension
3000' X 12.82 SDG&E
G d. Street Signs 2 @ 180.00
10.
4,000
Const. Total 431,431
5% ;z;;sEency
S Z.512
2,000
kE,470
68,425:
183,000
25,200
33,000
38,460
360
21,572
lo& 3ng.& Plan preparation 43,431
10% Contract Administration 43,431
rt5 530,865
Road - 151,771 = 35%
Sewer - 241,200 = 56$
Gas - 38,460 = 9%
Tarlskad, Ea.
July 5, lCC1
?.ob?rt J . 'Goj cik
Frir,cipU Ciyiil Z.rL,rine?r
2rJ75 y-23 Ez.lyzs
Ca.rla~sli, 17.i. 5 2x: -4E55
Ii--e rei,~~y-‘;~ G,’ 7-.-c. “r‘ s--e
of 7%c* &I,..” -._ .A._ :,e~‘r:” r “f ‘,ij.~Z~iT f Li-_ c -_- ‘C
7 -. 3-E-“.- c cT?nz c ticYl,;-!oy.+-~ol)- ir-:g,-,v-: ‘I ;‘ .;-?..c’;-y,z.-: -.,:f.. :
20 add fuel to the-fire, the City is now kposing
Fellc-?oos acscssrent districts 3~ aErIcult:r21 la:?<s 2~3,
's!??cu,-'r teEp9rarily ~s.zzir_,~ tb.ro2g-k; C,a::f.~, still er?cwter7
~.gric~ltur~l lar,fmz ta 7rzyiz.e r~~ideyti:lly nri~y+~,',
izfrastructwe.
Tc adc? Lnsu.15 tc iz~nry, this rr2.3 vrz? the recirifz;L
for tte origknl Iello IT furls. 70 fate, nnt a nic'l21,
hzs keen exxncled. ix the ~-32 - _ . , . I .
“he -.L Fradley ari-enkent, althoug-5 zllcving _ other ar~az of
2xF3ntiiture still jade mitigaticn to _ a.f:i Cl-7 Itcre t>e r.rker
3" 3 -aI sri9rit-y acc0rrcZiz-g tz T.ickard Ie.-lfore, ~~zse~~ly~~a~
i'*57cefS _Lddb aszistz.nt.
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GRANT OF EASEWNT . :..,
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d,J&. #I(
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GORDON 0. OLTON and MARY JANE OLTON, him wife, do
hereby grant to FHANK H. AYRES k SON, a corporation, an case-
ment for roadway purposes and rleht-of-ray for lnstall#tlon
of public utllltlrfi and Pipelines over Property rlturted In
the County of San IJit?co, Statr of California, dbscrlbrd as follows:
Portions of Srctlon 22 and Section 27 of
Tornmhip 12 :;nuth, NanR:r 4 rest, SBBY, County of
SPII Dlcg0, itate of California, described a~ follovm:
Bcglnnlng at thr intcrmrctlon of thr North-South crntcr line 01 *aId SrctlonR 22 rnd 27 with thr Southerly
boundary of Zoctlon 22 (bring also the Korthrrly boundary
of &ction 27) thcncr at rich? angles with raid erntrr
line E8mtcrly 30 fort; thrncr Northrrly prrrllrl rith
rrld crntrr llnr 660 fret; thcncp westerly rt right an(tlrr with ma111 crntrr llno 60 fFct; thrncr Znathcrly
parallel with sald crntrr llnc. 19.30 fret: thence at
right an~lrs rlth slid Crntrr lin* 20 frrt tn maid
ccntcr line: thr ncf Ynrthcrly nlohg said ecntcr llnc
1320 fret morr or 1~9s to paint of brglnnlng.
to h4 ‘Ised by ;hr Lr;lnLrl., tnyruthrr with othrrs and the public
In ~cncral, fnr a,uch rnr~lway purpnwn rncl rlghtm-of-way for
lnmtallrtlon r~f p111rI Ir 111llltlrw and plpcllncm, -4th the full
pow-r v0mtrcl 1,) tt,* Gr.1n11.r LIJ grant or rlcd!cat~~ much rrmcmrnt
or right-or-r*! f., .lr~y ~~111,llc IJW~~ 3s 3 public 6trrr.t and the
right to grant to rlthd.r* thr rlcht tn lay plpclln~~. or inmtall
utf 1 $tlrs of thtx ~,s’,., I hln*l nv9-r ma111 prnprrty.
Uatrai: . . / . ‘( tI-i.gy
CORUON U, OI.‘fO?i
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; MllY’ mr. 1)I.TON
, /‘T-
STATE OF CAI.IFOlc\lA ( 1
: nrr.
County of ban .@ld,~:n. )
, 1959, bt,fnre l p, thr untlrr- *ill4 Cn*lnty and ;tatr, p,.r-
antI Il.\RY JAbl l~l.'l 05, knc,.,, to
.q. tu br tt1r. ,.a I ., #,l,k .!.lV!.I u~nu 5 .trt SuhriCrib# (1 tcr thr. u 1 thl!,
l.h.strumrnl *:3,i ..I 1 I.~..‘# .:~8 *I tI.at 0w.y I.%( rutr ,I thl. l i,r, . ‘r
,Tzrdr tad, Sa.
b ‘ul;r 5, 1:::
?.oSert J . ',;o j c i!~
;rinci;a1 cii:il ,rEileer
,ez..r ;:r. ‘;c .j rik :
-l’fl . - - li 1: letter refers to ocr coz-i?rcC:isn c:" ::l~; 3rL.
.; c - " 2 -q i I'- f' t 're --+;lcy-c:ticy F -- -'-c Z- CL T 15 h(- Y=n 7 _ - . , .? - _ -.- .c2; -2r:k5rl-,
frnr- \, e.2 - --"L. .'-A&- -..c-.? f-2 t'r,e f-;+-cre IcirizEtj--z ~~~-~ r'f;lrtiye,- $*.--s
.-Ally, .', .= / ,.-A. L:r'x= iye __.- CC-.-..%. :n-ti+;q 3; --. " % i : '.j'c :; 1 2 i ?,7i c, IT.7 5 '; ';; 0 c r C 'h,'", bL
: ~~A2ge~.ey-t ;ii:-f-=icts, :S:tdviara) L:' C: -zei~.g ylz.y.:q-c"l -:I;
C:Tzck ::5zt'-or~::.
b-y.-:ce cf & ,y&;errJ+e Reel CT pz.7pi ~(-~es~ ft;r Trg-ic-2;
tr, seryre agriel~J<*;r~1 c;erstions %c: .:.:?I’, ;=,s ye5.tgrz.l I??
: 22, szr,itatiGr- <zcilitie,c. ;.t ;rtzey,t it iz cctp4;.
z:.c:* LI-,-, lrult tc geL e;-plcyees, natezisl, zxiZ e~-e~,;er:c~
T,-e:;icleL iy\ SE.< sut; eyciztir,g ‘c-~~i--~~ f~2 are x;i-g ;r~z.y-t
;.. ,el -2 ckericzl toile$s. & 'La SW' y 1: 2 rpcpt recs,y?i$y- '-,a.s' !--Z,<.E
'L 1 'a Z.l:oSt i~yCs:ik.l? for e;titizg Zgri?lLltUrE tG <CYFetGj
x-elyiing on slick ?rir-iti-Je infrzsfr9ctCre.
lo add fuel to the-.fire, the City is now kposing
~sellc-300s assessrent distript: c)p- 7-n: r*~lt:l--=? -r. * - - we- la?'- 9'1:, --&L
though temporarily i;aszir,g tkyough C,axce, still encwkery
agricultural Irr,Cs tc -,rwi<e rezidez?iall:: ;Irielz+??.
i?frastructure.
:c add insult, to i?jlx.-r, this ar3.z Y?,:. t:l.e reciyi~r.?
fcr tte 07‘ -igir_al "ello ZT fx-2s. To f.ete, no-t a ?li?JBI,
has keen exTer,cteC i,r, the are:.
“he -1) ZTadley zr;er_kent, althou-yl?. T.;.llc-qiy-g ot:?er 2.r~~;' .: f c
5:csetiiture still FaSe ritigaticn to ZSZiCU lt-;re the r,ixkc z‘
32e :ricrit-, accordi3.g to Y.ickard Ie?r^gr<, !-sseykIy2c
Frazee's aszista.nt.
_ a.iT e2clo~i~,,5 cozre;ondeKce xit’2 illsSate Iris. To.
COEC~ZLTL~~~ cazcell ^ti.or- rp -- u- r;r Tire Ir,sly-yLce ;olic;r <.~s
L LO 1,:~:;. 0 f er2r~ency ;,cc23 ‘:. - r _ c-r: 2Jsi E~_;~-JZ~RZ 2 zc=.y-212 cf !‘~~*~,lic rcz$ ;,r,, -:‘ili+;-
c= -.c--c.qc ‘I b-.-w.. .d.m, .-T-reL’ c &,; to 7-d-;-‘- _ &=A*2 :‘p rz 2, :Q-. 1 1 C’ ;gjys t,-ye 3:;;;:+ 1^ z
‘:;cly.l’.: -nrm,L “I”??- “,i<lZ:’ 3r .f.E,i~i~~iQy $0 t;= “:J--T := ur-..==~5.i* - A-. SAL_. ” d.-- .I_ a,, -- L d _wd-
--:-=.m’< f w - ‘/.C;: far ^ ._ ._ -,r.-.-‘.&...=. - J ;-;-I- iy-,:;:-s~noe T.-+, if 1 f-2;: Le ,;f - ___, - ---= ----
iel; in pro:-o$LY?g Ilki ~ro~e.c.1 ~1Gs call !Tc:.
G 5. !afim, Jr. 650 ‘;y EiCm’no Qd cmLr6ad; cl 92009
Carlsbad, CA July 10, 1991
Neal Fishman Legislative Coordinator California Coastal Conservancy 1330 Broadway Suite 1100 Oakland, CA 94612-2530
ELACK RAIL ROAD --
Dear I'?. Fishman:
You will probably remember my contacting you several months back, at the suggestion of Richard Ledford, Assemblyman Bob Frazee's assistant. You were kind enough to give me the details of the Mello II fund and expenditures to date.
I have been in contact with the City of Carlsbad concern- ing the northerly extension of Tlack Rail Road". I am enclosing a copy of my correspondence with the City which proposes using yell0 II funds as a llRevolving Fund" district. I am also enclos- ing a response from the City Engineer's office which is some- what redundant but seems to indicate the necessity of proposed development north of the Aviara Project at Eatiqiutos lagoon.
Needless to say, this would be winning the battle and losing the war. Once residential construction invades the area, its obvious the economic impacts and residential.pressures will prevail.
The City is just zone 20 which includes wrapping up "Growth panagement Plan" for "Black Rail Road" and this plan will have to be approved by the Coastal Commission at a later date. Would it be a better strategy to condition the Coastal Commission's approval of the Zone 20 plan to the construcion of Black Rail Road? The present plan only proposes wello-Roos financing of Residentially oriented infrastructure and makes no provision of agriculture. Also Aviara has several changes to the Coastal Plan which must have Commission approval.
The area served by "Black Rail Road" is principally labor intensive floraculture such as orchids, bromiliads, carnations and field grown flower crops. I am enclosing snap shoBs of the gcneraaiarea and of the alignment of "Black Rail Road" from the water tanks to the recently completed Alga Road.
Neal, would you be so kind as to route this request through the.proper channels ? Thanking you in advance for your indulgence and consideration I remain
G s. Meow, Jr. 650 EfCamino~d 7 cQJfibi4 cn 92009
CARLSBAD AGRICULTURAL IMPROVEMENT REVIEW BOARD (CAIRB)
MEETING NOTICE
DATE: Tuesday, April 21, 1992
TIME: 1:00 P.M.
LOCATION: Conference Room
Department of,Planning
2075 Las Palmas Drive
Carlsbad, California
AGENDA
I. Review of actions and discussions at February 25, 1992 meeting.
II. Evaluation and comment on proposal to authorize $686,322 for the
establishment of a competitive research grant program.
III. Continued discussion of suggested projects introduced at February 25,
1992 meeting.
A. Use of City of Carlsbad employees to provide assistance in conducting a cost-share grant program.
B. Improvements to Black Rail Road
IV. Suggestions for future project development. -.
V. Status report on Palomar-Ramona-Julian RCD On-Farm Grant Program. ) .
VI. Future meetings
VII. Adjournment
C
MINUTES
MEETING OF FEBRUARY 25, 1992
CARLSBAD AGRICULTURAL IMPROVEMENT REVIEW BOARD
Review Board Members and Advisors Present:
Mike Cardosa, Carlsbad Grower
Jason Jackson, Soil Conservation Service
Wayne Schrader, UC Cooperative Extension
Kathleen Thuner, San Diego County Agricultural Commissioner
Dick Wayman, State Coastal Conservancy
Gary Wayne, City of Carlsbad
Others Present:
Penny Dockry, Palomar-Ramona-Julian Resource Conservation District
Morris Johnson, Palomar-Ramona-Julian Resource Conservation District
Guy Moore and other residents of Black Rail Road area
Review of funds remainins in Carlsbad Aoricultural Improvement Fund (CAIF):
Dick Wayman informed the board that approximately $1.7 million is available in
CAIF for new projects.
Status Report on San Dieqo International Floral Trade Center: Dick Wayman
reported that the most recent rent subsidy payment of $50,000 has been made to
Carltas Company. Penny Dockry reported on how the PRJ-RCD ensures that
Carltas Company is complying with contract terms.
Status Report on PRJ-RCD On-Farm Grant Prosram: Penny Dockry reported that
approximately $105,000 has been awarded to grant recipients. To date, three
projects have been completed and four projects are still in progress.
Approximately $15,000 remains for new grant awards.
Consideration of Enoineerins Assistance and Cost-Share Grant Prooram: Morris *
Johnson and Penny Dockry presented a proposal for an engineering assistance
and cost-share grant program that would be administered through the PRJ-RCD.
Some board members expressed concern that the amount of work that would be
generated by the grant program would not justify hiring a full-time
administrator/engineer. Gary Wayne said he would look into the possibility of
having existlng City of Carlsbad staff perform the services of the
agricultural engineer on a part-time basis.
Proposal for Imorovements to Black Rail Road: Guy Moore and other residents
of the Black Rail Road area presented a proposal that CAIF be used to improve
Black Rail Road. Gary Wayne said he would discuss the issue with City of
Carlsbad engineers and report back to the board at the next meeting.
The next meeting of CAIRB was scheduled for April 21.
Nov. f3, 1991
Michael Holzmiller - Planning Director
Planning Departmen 1, City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92OOC-dF5C
Dear F’r. Holzmiller:
On July 5, l:Cl I submitted a proposal for extendinq llFlack
Rail Road” norther.1.y from Alga Road to the approximate location of the futllre Poinsettia lane. (c0p.y attached)
Inasmuch as the proposal effected two different departments and I’(: rowt h Vanagemen t. Zone .‘;‘I Yr . !!ozcik suggested that T sent a cop,v to Car,y Wayne of ,your department, I did has he sugge.qted bll t t.o r-la t,e have rcr: i eve4 no reply.
I am sure Er. Wa,vv is up to here in problems relating to the
Datiquistos restoration and our project has fallen thru the
cracks.
Post of the people in the area feel that support of the City will be critical to the approval of the project bv the Coastal
Conservancgg
I have been notified by a IV. Dick Wa,yman of the Conservancv
that a meeting of the ltFal.orrar Agricultural Conservation
District” wi.11 be held i.n the near future to consider-the
proposal. A statement of an affirmative position by the Citv would greatly enhance our chances for success,
Sinc_erely, n -
Guy S! Moore, Jr. 6503 El Camino Real 4' Carlsbad, CA ?2000
cc: R. Patchett