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HomeMy WebLinkAbout1995-02-07; City Council; 13014; Aldea IICIT- OF CARLSBAD - If3 AGEN-3 BILL +f ALDEA II - MP 177(M)/CT 94-03/PUD 94-02 I RECOMMENDED ACTION: That the City Council ADOPT City Council Resolution No. 9 ? - 3 / APPROVING the Negative Declaration, MP 177(M), CT 94-03, and PUD 94-02. ITEM EXPLANATION The proposed project is a nine-lot, fifty-four unit residential townhome development in Planning Area 15 of the Aviara Master Plan. Planning Area 15 is located on the South side of Alga Road and is adjacent to the golf course along a large portion of its perimeter. The proposed project design meets or exceeds all requirements of the city’s Planned Unit Development ordinance. The project includes both common (swimming pool) and private (yards) recreation areas. In addition, the design includes twice the required guest parking spaces. The Minor Master Plan Amendment is required in order to adjust for an unintended reduction in the maximum allowed building height for the planning area. The reduction occurred as a result of a change in the way the City measures building height. Despite this reduction, all of the proposed structures are well within the maximum height allowed by the Master Plan. The project was heard by the Planning Commission on December 21, 1994. The Planning Commission suggested a change to Planning Condition No. 16 of Planning Commission Resolution No. 3735 to require roll-up type automatic garage door openers on all units and added Planning Condition No. 29 to require that the developer evaluate the possibility of expanding the size of the swimming pool to 75 feet along one edge. With these two changes, the Planning Commission unanimously recommended approval. The two changes have been incorporated into the attached Planning Commission Resolutions. I ENVIRONMENTAL REVIEW The Planning Director issued a Negative Declaration for the proposed project on October 1, 1994. The environmental review included analysis of a proposed trade-off of open space areas which is incorporated in the project. The proposed open space area (0.16 acre) is approximately twice the size of the current open space area (0.07 acre), and is also of equal or better quality than the current area. I 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. I WHIBITS 1. City Council Resolution No. 9 s-3/ 2. Location Map 3. Planning Commission Resolution No’s. 3734, 3735 and 3736 4. Planning Commission Staff Report, dated December 21, 1994 5. Excerpts of Planning Commission Minutes, dated December 21, 1994. 1 2 3 4 5 6 7 8 9 ~ RESOLUTION NO. 95-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A NEGATIVE DECLARATION, MINOR MASTER PLAN AMENDMENT, TENTATIVE TRACT MAP, AND PLANNED UNIT DEVELOPMENT FOR A NINE-LOT, FIFTY-FOUR UNIT RESIDENTIAL DEVELOPMENT WITHIN THE AVIARA MASTER PLAN. CASE NAME: ALDEA II CASE NO: MP-177(M)/CT 94-03/PUD 94-02 I WHEREAS, the Planning Commission did on December 21, 1994, hold a duly noticed public hearing as prescribed by law to consider a Negative Declaration, Minor mendment to the Aviara Master Plan, Tentative Tract Map, and Planned Unit Development; WHEREAS, the City Council of the City of Carlsbad, on the ’ 7th day of IL3 1995, held a duly advertised public hearing to consider said Negative Declaration, 14 ‘ inor Master Plan Amendment, Tentative Tract Map, and Planned Unit Development and at at time received the recommendations, objections, protests, comments of all persons interested 16 17 or opposed to MP-177(M)/CI’ 94-03/PUD 94-02; and 18 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the 19 City of Carlsbad as follows: 20 1. That the above recitations are true and correct. 2. That the City Council APPROVES City Council Resolution No. 95-3 1 , d that the fmdings and conditions of the Planning Commission as set forth in Planning 23 24 mmission Resolution Nos. 3734, 3735, and 3736 on file in the Planning Department and 25 La de a part hereof by reference are the findings and conditions of the City Council except as 26 edified below. 27 ondition: L 28 1 Planning Commission Resolution No. 3735, Condition No. 16 shall be modified to read: “Automatic garage door openers and roll-up type garage doors shall be required on h I/ . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 garages for Units 1-12, 30-37, and 41-54. Automatic door openers and roll-up type garage doors may be installed on the other units at the developers discretion.” PASSED, APPROVED AND ADOPTED at a regular meeting of the City until of the City of Carlsbad, California, on the 7th day of FEBRUARY , 1995, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None : T-TEST: erk [SEAL) -2- ARPORT I.... I . . . . r \ \ City of lhkbd ALDEA II - AVIARA P.A. 15 I MP 177(M)/CT 94-03/ PUD 94-02 4 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXk6lT3 ’ PLANNING COMMISSION RESOLUTION NO. 3734 / A RESOLUTION OF THE PLANNING COMMISSION OF THE I CITY OF CARLSBAD, CALIFORNIA RECOMMENDING ~ APPROVAL OF A NEGATIVE DECLARATION FOR A NINE I / LOT/FIFTY-FOUR UNIT MINOR MASTER PLAN I AMENDMENT, TENTATIVE TRACT MAP AND PLANNED UNlT DEVELOPMENT. CASE NAME: ALDEA II CASE NO: MP 1771MKT 94-03/PUD 94-02 WHEREAS, the Planning Commission did on the 21st day of December, 1994, 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, ex amining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. W That based on the evidence presented at the public hearing, the Planning Commission hereby recommends APPROVAL of the Negative Declaration according to Exhibit “ND’, dated October 1,1994, and “PIT’, dated December 13, 1994, revised, attached hereto and made a part hereof, based on the following findings: Findings: 1. The initial study shows that there is no substantial evidence that the project may have a / significant impact on the environment. I 2. Based on the information contained in the initial study, it has been determined that this : is a subsequent project within the scope of the project covered by MEIR 93-01, and that ’ the subsequent project will have no additional significant effect on the environment which was not identified already in the MEIR, and that no new or additional mitigation measures or alternatives are required. All feasible mitigation measures required by MEIR 93-01 have been incorporated into or imposed by conditions on this project. 3. The site has been previously graded pursuant to an earlier environmental analysis. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17, 18 19 20 21 22 23 24 25 26 27 28 4. 5. The streets are adequate in size to handle traffic generated by the propos+ project. There are no sensitive resources located onsite or located so as to be significantly impacted by this project. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of &l&ad, California, held on the 21st day of December, 1994, by the following vote, to wit: AYES: Chairperson Savary; Commissioners Welshons, Noble, Erwin, Compas, Nielsen, and Monroy. NOES: None. ABSENT: None. ABSTAIN: None. I I CARLSBAD PLANNING COMMISSION I ATTEST: PLANNING DIRECTOR PC RESO NO. 3734 -2- NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: Within the Aviara Master Plan Area at the southern end of Black Rail Court in the City of Carlsbad, County of San Diego. PROJECT DESCRIPTION: A 54-unit townhome Planned Unit Development with guard-gated entry and recreation area. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning Department, 2035 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 Elaine Blackburn in the Planning Department at (619) 438-l 161, extension 4471. DATED: OCTOBER 1, 1994 CASE NO: CT 94-03/PUD 94-02 MICHAEL JXOLZMLLER Planning Director CASE NAME: ALDEA II PUBLISH DATE: OCTOBER 1, 1994 EB:vd 2075 Las Palmas Drive - Carlsbad, California 92009-1576 - (619) 436-l 161 ta ONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. CT 94-03/PUD 94-02 DATE: BACKGROUND 1. CASE NAME: Aldea II - .~~ 94-03/PUD 94-02 . . . . . . 2. APPLICANT: D. R. Horton, Inc. 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 10179 Huennekens St. Suite 110 San Diego. CA 92121 (6191452-3700 4. DATE EL4 FORM PART I SUBMITTED: April 20.1994 5. PROJECT DESCRIPTION: A 54unit townhome Planned Unit Develonment with guard-nated entrv 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 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 sianificant 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 “YESinsig” 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. - . PHYSICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES NO W hi& 1. Result in unstable earth conditions or increase the exposure of people or property to geologic hazards? 2. Appreciably change the topography or any unique physical features? 3. Result in or be affected by erosion of soils either on or off the site? 4. 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? 5. Result in substantial adverse effects on ambient air quality? 6. Result in substantial changes in air movement, odor, moisture, or temperature? 7. Substantially change the course or flow of water (marine, fresh or flood waters)? 8. Affect the quantity or quality of surface water, ground water or public water supply? 9. Substantially increase usage or cause depletion of any natural resources? 10. Use substantial amounts of fuel or energy? 11. Alter a significant archeological, paleontologkal or historical site, structure or object? x - x x x X x x x x x x -2- . BIOLOGICAL ENVIRONMENT . WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: 12. 13. 14. 15. 16. Erect the diversity of species, habitat or numbers of any species of plants (including trees, shrubs, grass, microflora and aquatic plants)? Introduce new species of plants into an area, or a barrier to the normal replenishment of existing species? Reduce the amount of acreage of any agricultural crop or affect prime, unique or other farmland of state or local importance? Affect the diversity of species, habitat or numbers of any species of animals (birds, land animals, all water dwelling organisms and insects? Introduce new species of animals into an area, or result in a barrier to the migration or movement of animals? HUMAN ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: 17. Alter the present or planned land use of an area? YES YES b$ (illSi& 18. Substantially affect public utilities, schools, police, fire, emergency or other public services? NO x x X x x NO x x -3- HUMAN ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. Result in the need for new or modified sewer systems, solid waste or hazardous waste control systems? Increase existing noise levels? Produce new light or glare? Involve a significant risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation)? Substantially alter the density of the human population of an area? Affect existing housing, or create a demand for additional housing? Generate substantial additional traffic? Affect existing parking facilities, or create a large demand for new parking? Impact existing transportation systems or alter present patterns of circulation or movement of people and/or goods? Alter waterborne, rail or air tragic? Increase traffic hazards to motor vehicles, bicyclists or pedestrians? Interfere with emergency response plans or emergency evacuation plans? Obstruct any scenic vista or create an aesthetically offensive public view? Affect the quality or quantity of existing recreational opportunities? YES . NO W&l x x x x X x x x x x x x L MANDATORY FINDINGS OF SIGNIFICANCE WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES W 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? NO x x x x -5- _- . DISCUSSION OF ENVIRONMENTAL EVALUATION hoiect Description: The proposed project is a 54unit townhome Planned Unit Development with guard-gated entry and recreation area. The total planning area (Planning Area 15) is a 23.3-acre site. The developed area will be approximately 7.09 acres. The project involves finish grading only. (The area was mass graded previously in accordance with the approved Aviara Master Plan.) The project area is a prominent site which slopes generally downward from the northeast area to the southwest. The site is surrounded by the Aviara Golf Course on the west, east and south, and by Alga Road (a major arterial roadway) on the north. The proposed residential product will consist of attached single-family units (2 to 4 units per cluster). Phvsical Environment: 1. 2. 3. 4. 5. 6. 7. 8. The proposed project will not result in unstable earth conditions or exposure to geologic hazards. The mass grading for the site was done in compliance with the approved Tentative Map for the Master Plan area. Finish grading proposed is also consistent with the approved Master Plan map. There will be no appreciable change in topography as a result of the proposed development. The finish grading associated with the project will be balanced on the site (23,460 cy of cut and 23,400 cy of fill). The site was previously mass graded in compliance with the approved Master Plan. The proposed finish grading is also consistent with the approved Master Plan. The site does not contain any unique physical features. The proposed project will not result in or be affected by erosion of soils on or off the site. The developer will be required to implement erosion control methods as required by the City Engineering Department. No changes to beach sands or other water bodies will result. There are no water bodies on or closely adjacent to the site. Dust from finish grading activities will be of a short-term nature and will be controlled by watering. The development of residential units on the site will contribute incrementally to an increase in local and regional air pollution. However, this increase was anticipated in the City’s General Plan Update (GPA 94-01) and the related General Plan Master EIR (EIR 93-01). The MEIR concluded that development of the City consistent with the Generai plan would result in u nave idable significant impacts to air quality, and a ~ ~~~ .;:,:“:.~.:.~.~.:.~‘.‘:.:,!,:.:.~. of overriding considerations was adopted. The project will not result in substantial changes in air movement, odor, moisture, or temperature. The proposed project will provide adequate distances between structures to allow for air circulation and sunlight. There are no water bodies which flow over or near the site, and the project is required to provide infrastructure to accommodate all anticipated stormwater runoff. Therefore, there will be no potentially significant impacts. The project will not adversely affect the quantity or quality of surface water, ground water, or public water supply. The project will provide adequate facilities to handle any increased runoff resulting from development of the site. -6- 9. The subject site contains no natural resources. io. The project will not require substantial amounts of fuel or energy. Energy needed for construction will be a short-term need. The need for energy for the resulting residential units will be incremental and has been anticipated by the City’s General Plan (GPA 9401) and the related General Plan Master EIR (EIR 93-01). 11. All mitigation for archaeological, paleontological, and historic sites required by the Master Plan EIR has been done. This planning area contained no identified sites. Bioloaical Environment: 12. The subject site is a previously graded pad on a terrace. There are up-slopes to the east and down-slopes to the north and west of the site. These slopes contain native and non-native vegetation. Portions of these areas were identified as Coastal Resource area in the original EIR (EIR 83-2) prepared for the Master Plan. This resource area is, in turn, surrounded by a golf course. Development of the proposed units may result in some required thinning of portions of this resource area for purposes of creating an adequate fire suppression zone. This encroachment would affect approximately 2.5 acres of native vegetation. However, additional biological analyses conducted in August, 1994, state that “... there is little to no chance that any state or federally listed rare, threatened, or endangered plant or animal utilizes the site in a viable manner (i.e., to reproduce or establish a territory.” The analysis concludes that, “It is possible that the fuel management zone would not result in a h of coastal sage scrub, but the quality of the coastal sage scrub in these zones would be diminished”. Although the necessary fire suppression requirements may result in encroachment into habitat area, such encroachment is consistent with fire suppression plans recently approved for Aviara Phase III by the Coastal Commission and Fish & Game Department. Therefore, there will be no potentially significant impacts resulting from this possible encroachment. The applicant is proposing to trade a 0.07 acre portion of current open space (on the northeastern portion of the site) for a 0.16 acre portion (not currently open space) on the northwestern edge of the site. The additional biological analyses conducted in August, 1994, resulted in the following conclusions: ” 1) Both sites have equivalent habitat values (equal quality), that is, both areas encompass non-native, low quality habitat types. 2) The proposed open space area is adjacent to good habitat (i.e., Diegan coastal sage scrub and chaparral), while the current open space area is adjacent to disturbed areas. 3) The proposed open space area (0.16) is roughly twice as large as the current open space area (0.07).” Because the proposed open space trade will result in habitat of greater or equal quality and quantity and habitat located contiguous to better quality habitat, the proposed trade will not result in potentially significant impacts. 13. See Item 12 above. The subject site is a previously graded pad surrounded by a mixture of native and non- native vegetation. Ornamental planting is present along the southwestern edge of the site. The site is in an urbanized area. Therefore, the development of the residential units will not result in potentially sign&ant impacts from the introduction of new species of animals or interference with animal migration or movement. 14. The site is a pregraded site planned for residential development. It is not used for agricultural purposes and contains no farmland of state or local importance. - GETERMNATION (I’o Be Completed By The Planning Department) On the basis of this initial evaluation: m Ifindtheproposedproject COULDNOT 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. - I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A Conditional Negative Declaration will be proposed. - I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that, although the proposed project MAY have a significant effect on the environment, this project is X a subsequent project whose impacts were analyzed under a Master EIR for which a statement of Overriding Considerations was made. /a-/3-YY Date LIST MITIGATING MEASURES (-IF APPLICABLE) ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLQ -1 l- - . APPLICANT CONCURRENCE WITH M -Mm THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date Signature -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3735 A RESOLUTION OF THE PLANNIN G COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MINOR MASTER PLANAMENDMENTANDAg-LOT/54-UNITTENTATIVE TRACT MAP ON PROPERTY GENERALLY LOCATED WITHIN THE AVIARA MASTER PLAN AT THE SOUTHERN END OF BLACK RAIL COURT. CASE NAME: ALDEA II CASE NO: MP 177(M’)/CT 94-03 WHEREAS, a verified application for certain property to wit: Parcel 6 of Parcel Map No. 16451, filed in the Office of the County Recorder of San Diego County on April lS,l991, in the City of Carlsbad, State of California has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for approval of a Minor Master Plan Amendment pursuant to Section 21.38.120 and a Tentative Subdivision Map pursuant to Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 21st day of December, 1994, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Minor Master Plan Amendment and Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 4 That the above recitations are true and correct. B) . . . . That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of Minor Master Plan Amendment MP 177(M), and Tentative Tract Map, CT 93-04, based on the following findings and subject to the following conditions: . . . . 9-O 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - FIndinns: 1. This project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Planning Director on October 1, 1994, and RECOMMENDED FOR APPROVAL by the Planning Commission on December 21, 1994. In approving this Negative Declaration the Planning Commission has considered the initial study, the staff analysis, all required mitigation measures and any written comments received regarding the significant effects this project could have on the environment. 2. 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 District 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. 3. The Carlsbad Unified School District has written a letter, dated August 14,1990, stating that school facilities will be available to this project. 4. All necessary public improvements have been provided or will be required as conditions of approval. 5. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 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. 7. The project is consistent with the City’s landscape policies as it has been conditioned to comply with the requirements of the Landscape Manual. The proposed Master Plan Amendment has been found to be minor in nature because it will not change the densities or boundaries of the subject property or involve a new use or group of uses not shown on the original Master Plan or rearrange uses within the Master Plan. 9. That the proposed development, including the proposed building height, as described by Master Plan 177 is consistent with the provisions of the general plan and any applicable specific plans. PC RESO NO. 3735 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. That all necessary public facilities 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. That the residential and open space portions of the community will constitute an environment of sustained desirability and stability, and that it will be in harmony with or provide compatible variety to the character of the surrounding area, and that the sites proposed for public facilities, such as schools, playgrounds and parks, are adequate to serve the anticipated population and appear acceptable to the public authorities having jurisdiction thereof. That the streets and thoroughfares proposed are suitable and adequate to carry the anticipated traffic thereon. That the area surrounding the development is or can be planned and zoned in coordination and substantial compatibility with the development. That the proposed open space area is equal to or greater than the area depicted on the Ofnciai Open Space and Conservation Map. That the proposed open space area is of environmental quality equal to or greater than that depicted on the Omciai Open Space and Conservation Map. That the proposed open space, as depicted on the Off’kiai Open Space and Conservation Map, is contiguous or within close proximity to open space as shown on the Of’ficiai Open Space Map. The project is consistent with the City’s General Plan since the proposed 54 units is less than the allowed 192 units specified for the site by the Aviara Master Plan. The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential and golf course development on the General Plan. 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. That the design and improvement of the tentative map as conditioned, satisfies all requirements of any applicable specific plans, Title 20, and Title 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgement, acquired by the public at large, for access through or use of property within the proposed subdivision. PC RESO NO. 3735 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 22. That subject to the exceptions contained in Section 66474.4 of the State Government Code, the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act) and the parcels resulting from the subdivision would be too small to sustain agricultural use according to the provisions of Section 66474.4 of the State Government Code. 23. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. Conditions: Manning Conditions: 1. Approval is granted for CT 94-03, as shown on Exhibit(s) “A” - “J”, dated December 21, 1994, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions, and approved by the Planning Director or City Engineer. 2. The developer shall provide the City with reproducible 24” x 36” mylar copies of the Tentative Map and Site Plan as approved by the Planning Commission: The Tentative Map and Site Plan shall reflect the conditions of approval by the City. The Map and Plan copies shall be submitted to the City Engineer and approved prior to building, grading, final map, or improvement plan submittal, whichever occurs first. 3. A 500’ scale mylar 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. 4. This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the District Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the final map. 5. 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 of facilities and improvement plan and to f&ill the subdivider’s agreement to pay the public facilities fee dated April 20, 1994, a copy of which is on tile 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. 6. Water shall be provided by the Carlsbad Municipal Water District. PCRESON0.3735 4- - 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. This project shall comply with all conditions and mitigation required by the Zone 19 Local Facilities Management Plan approved by the City Council on December 22, ! / 1987, incorporated herein and on fiIe in the Planning Department and any future j amendments to the Plan made prior to the issuance of building permits. I 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 1 this project are challenged this approval shall be suspended as provided in I Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. Approval of CT 94-03 is granted subject to the approval of PUD 94-02. The applicant shall establish a homeowner’s association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. All visitor parking spaces shall be striped a different color than the assigned resident parking spaces and shall be clearly marked as may be approved by the Planning Director. The applicant shall submit a street name list consistent with the City’s street name policy subject to the Planning Director’s approval prior to final map approval. An exterior lighting plan including parking areas shall be submitted for Planning Director approval. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. No outdoor storage of material shall occur onsite unless required by the Fire Chief. In such instance a storage plan will be submitted for approval by the Fire Chief and the Planning Director. Automatic garage door openers and roil-up type garage doors shall be required on garages for ail units. 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. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. PC RESO NO.3735 -s- 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. . . . . All landscape and irrigation plans shall be prepared to conform with the Landscape i Manual and submitted per the landscape plan check procedures on file in the 1 Planning Department. The applicant shall pay a landscape plan check and inspection fee as required by 1 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. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. Building identification and/or addresses shall be placed on alI new and existing buildings so as to be plainly visible from the street or access road; color of identification and/or addresses shall contrast to their background color. The developer shall display a current Zoning and Land Use Map in the sales office at all times, or suitable alternative to the satisfaction of the Planning Director. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets. As part of the plans submitted for any permit plan check, the applicant shall include a reduced, legible version of the approving resolution/resolutions on a 24” x 36” blueline drawing. Said blueline drawing(s) shall also include a copy of any applicable Coastal Development Permit and signed approved site plan. Prior to approval of the Final Map, the applicant shall receive approval of a Coastal Development Permit issued by the California Coastal Commission that substantially conforms to this approval. If the approval is substantially different, an amendment to CT 94-03/PUD 94-02 shall be required. Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the owner of record of the property within the boundaries of this tentative tract map shall prepare and record a notice that this property is subject to overflight, sight, and sound of aircraft operating from Palomar Airport in a manner meeting the approval of the Planning Director and the City Attorney. The applicant shall evaluate the possibiiity of expanding the proposed swimming pool size to 75 feet (along one edge) and shall expand the pool accordingly if he (the applicant) determines such expansion is feasible. PC RESO NO. 3735 4% 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Eruzlneerine Conditions: 30. This project is located within the Aviara Master Plan, Carisbad Tract 8535, and Zone 19 Locai Faciiities Management Plan. All development design shall comply with the requirements and conditions of these documents, and any amendments thereto. 31. This project is located within the Meiio I Locai Cktai Plan. Ail development design shall comply with the erosion control, grading, and drainage requirements of that plan. 32. Unless a standards variance has been issued, no variance from City Standards is authorized by virtue of approval of this tentative map. 33. The applicant shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. 34. The applicant shall be responsible for coordination with SDG&E, Pacific Bell Telephone, and Cable TV authorities. 35. If the applicant chooses to construct out of phase, the new phasing must be reviewed and approved by the City Engineer and Planning Director, and ail improvements required by previous contiguous phases shall be constructed. 36. The applicant shall provide an acceptable means for maintaining the private easements within the subdivision and all the private: streets, sidewalks, street lights, storm drain facilities and sewer facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties I within the subdivision. Adequate provision for such maintenance shall be included with the CC&Rs subject to the approval of the City Engineer prior to approval of the final map. 37. All concrete terrace drains shah 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 i shall be placed in the CCXRs. 38. The following statements shall be included in the CC&Rx m No structure, fence, wail, tree, shrub, sign, or other object over 30 inches ; above the street level may be placed or permitted to encroach within the area identified as a sight distance corridor on the flnai map. The underlying property owner shall maintain this condition. e An ongoing program to remove dirt, litter, and other debris from the surface of private streets and common recreational areas by means of street sweeping and other means shall be established and enforced. 9 PC RFSO NO. 3735 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 39. 40. 41. 42. 43. 44. 45. I The homeowner’s association shall coordinate the use of the City’s established ’ program to assist residents with the removal and proper disposal of toxic and 1 hazardous waste products. I Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shaii not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use an disposal of pesticides, fungicides, herbicides, insecticides, fertiiizers, and other such chemicai treatments shall meet federal, state+ county, and city requirements as prescribed in their respective containers. m Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. Approval of this tentative tract map shall expire twenty-four (24) months from the date of City Council approval unless a final map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied at the discretion of the City Council. In approving an extension, the City Council may impose new conditions and may revise existing conditions pursuant to Section 20.12.110(a)(2) Carlsbad Municipal Code. The applicant shall defend, indemnify and hold harmless the City and its agents, officers, and employees from any claim, action or proceeding against the City or its agents, officers, or employees to attack, set aside, void or null an approval of the City, the Planning Commission or City Engineer which has been brought against the City within the time period provided for by Section 66499.37 of the Subdivision Map Act. Prior to issuance of a building permit for any buildable lot within the subdivision, the property owner shall pay a one-time special development tax in accordance with City Council Resolution No. 91-39. Prior to approval of the final map, the applicant shall pay the current local drainage area fee or shall construct drainage systems in conformance with Master Drainage Plan and City of Carlsbad Standards as required by the City Engineer. Prior to approval of the final map, the applicant shall pay all current fees and deposits required. Prior to approval of the final map, the Owner of the subject property shall execute an agreement holding the City harmless regarding drainage across the adjacent Property. 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 2J PC RESO NO. 3735 -8- - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 46. As required by state law, prior to the recordation of a final map over any of the / subject property, the subdivider shall submit to the City an application for ’ segregation of assessments along with the appropriate fee. 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. 47. Prior to the issuance of a grading permit or building permit, whichever occurs first, the developer shall submit proof that a Notice of Intention has been submitted to the State Water Resources Control Board. 48. 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 approval of the Final Map, the applicant must submit and receive approval for grading plans in accordance with City Codes and Standards. 49. 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 Ttitative Map or modify the plans 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. 50. 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. 51. The developer shall exercise special care during the construction phase of this project to prevent ofkite siltation. Planting and erosion control shall be provided in accordance with the Carlsbad Municipal Code and the City Engineer. Reference i Chapter 11.06. - - 52. Rain gutters must be provided to convey roof drainage to an approved drainage course or street to the satisfaction of the City Engineer. 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 , i owner does not execute the Authorization Agreement, the assessment on the subject property must be paid off in full bv the owner nrior to final mar, annroval. ! I PC RBSO NO. 3735 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 53. 55. 56. 57. Additional drainage easements may be required. Drainage structures shall be provided or installed prior to or concurrent with any grading or building permit as may be required by the City Engineer. I I 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 F’inai Map for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. Plans, specifications, and supporting documents for all 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: a. Alga Road, between Mimosa Street and El Camino Real, to maor arterial standards and to the satisfaction of the City Engineer. This obligation may be shared with other projects having a similar condition and to the satisfaction of the City Engineer. 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. Prior to approval of the Rnai Map for this project, the design of all private streets and drainage systems shall be approved by the City Engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City, and the standard improvement plan check and inspection fees shall be paid prior to approval of the Final Map for this project. The private sidewalk shall be kept clear of all obstructions including, but not limited to, fire hydrants, mail boxes, and street lights. Water Conditions: 58. 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 can ~ be met. 59. The Developer shall be responsible for all fees, deposits and charges which will be collected before and/or at the 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. PC RESO NO. 3735 2-q -lO- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 60. Sequentially, the Developer’s Engineer shall do the following: A. Meet with the City Fire Marshal and establish the fire protection requirements. Also obtain G.P.M. demand for domestic and irrigational , needs from appropriate parties. I B. Prepare a colored reclaimed water use area map and submit to the Planning Department for processing and approval. C. Prior to the preparation of sewer, water and reclaimed water improvement plans, a meeting must be scheduled with the district Engineer for review, comment and approval of the preliminary system layouts and usages (i.e., GPM - EDU). 61. 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 and will continue to be available until time of occupancy. This note shall be placed on the final map. I PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 21st day of December, I 1994, by the following vote, to wit: ! AYES: Chairperson Savary; Commissioners Welshons, Noble, Erwin, : Compas, Nielsen, and Monroy. NOES: None. ABSENT: None. ABSTAIN: None. CARLSBAD P LANNING COMMISSION ATTEST: PLANNING DIRECTOR PC RBSO NO. 3735 3O -ll- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3736 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 9-LOT/54-UNIT PLANNED UNIT’ DEVELOPMENT ON PROPERTY GENERALLY LOCATED WITHIN THE AVIARA MASTER PLAN AT THE SOUTHERN END OF BLACK RAIL COURT. CASE NAME: ALDEA II CASE NO: PUD 94-02 WHEREAS, a verified application for certain property to wit: Parcel 6 of Parcel Map No. 16451, filed in the Office of the County Recorder of San Diego County on April 15, 1991, in the City of Carl&ad, State of California has been filed with the City of Carl&ad and referred to the Planning Commission; and WHEREAS, said verifkd application constitutes a request for a Planned Unit Development pursuant to Chapter 21.45 of the Carl&ad Municipal Code; and WHEREAS, the Planning Commission did, on the 21st day of December, 1994, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Planned Unit Development. NOW, THEREFORE, BE lT HEREBY RESOLVED by the Planning Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of PUD 94-02, based on the following findings and subject to the following conditions: FilldineS: 1. The granting of this permit will not adversely affect and will be consistent with Chapter 2 1.45 of Title 21, the general plan, applicable specific plans, master plans, and all adopted plans of the City and other governmental agencies. The proposed development is a multifamily residential development as anticipated by the General Plan designation . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - of RM and the Aviara Master Plan. The proposed density is consistent with the density allowed by the General Plan and the Aviara Master Plan. 2. The proposed use at the particular location is necessary and desirable to provide a service or facility which will contribute to the long-term general well-being of the neighborhood and the community. The proposed project is necessary and desirable at the proposed location to implement the General Plan and the approved Master Plan which designate this site for multifamily residential development. The proposed multifamily development will benefit the community by contributing to the provision of a range of housing types and price ranges. 3. The proposed use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity. The proposed project will not be detrimental to the health, safety, or general welfare of persons in the vicinity, nor injurious to property or improvements in the vicinity. The proposed Tentative Tract Map meets all required City standards and complies with all applicable regulations. All required public facilities and services will be provided, and the project has been designed to provide adequate setbacks from the neighboring uses (golf course). 4. The proposed planned development meets all of the minimum development standards set forth in Chapter 21.45.090, the design criteria set forth in Section 21.45.080, and has been designed in accordance with the concepts contained in the Design Guidelines Manual. The proposed project meets all of the minimum development standards set forth in Chapter 21.45.090, including building height restrictions, setback requirements, minimum distance between structures, parking requirements, recreation area requirements, and street design requirements. The proposed project also has been designed in accordance with the Design Guidelines Manual to include stepped pads, . . cumbuear street design, enriched paving at the entry area, private and common recreation areas, varied building orientations, and architectural relief. 5. The proposed project is designed to be sensitive to and blend in with the natural topography of the site, and enhances significant natural resources on the site. The proposed project incorporates stepped building pads and a combination of two, three, and four-plex designs to avoid single large pads. The proposed project will enhancetheuaturai resources on the site by trading a small open space resource area for a huger area of equal or better quality which is also contiguous to other open space resource area. 6. The project’s circulation system is designed to be efficient and well integrated with the project and does not dominate the project. The circulation system will provide adequate access to all units, adequate room for vehicular movement, Scar garages for each unit for resident parking, and more than adequate guest parking iu a manner which is dispersed throughout the project for maximum convenience. The project utilixes curvilinear street design and short private driveways so that the street system does not dominate the project. PC RESO NO. 3736 -2- P . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A 7. The proposed project’s design and density of the developed portion of the site is j compatible with surrounding development and does not create a disharmonious or 1 disruptive element to the neighborhood. The proposed project’s design and density are 1 consistent with all applicable regulations and are compatible with surrounding j development (golf course). The project will not create a disharmonious disruptive element to the area because the project is designed in a manner which is sensitive to its hillside location and is bounded by open space areas on the three sides adjacent to the golf course. Conditions: 1. PUD 94-02 is approved subject to the approval of CT 94-03. 2. AU of the conditions contained in CT 94-03, Planning Commission Resolution No. 3735, are included herein by reference. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carl&ad, California, held on the 21st day of December 1994, by the following vote, to wit: AYES: Chairperson Savary; Commissioners Welshons, Noble, Erwin, Compaq Nielsen, and Monroy. NOES: None. ABSENT: None. ABSTAIN: None. CARLSBAD PLANNING COMMISSION ATTEST: PLANNING DIRECK)R PC RESO NO. 3736 -3- - EXHBIT 4 APPLICATION COLrLETE DATE: AUGUST 1. 1994 STAFF PLANNER: ELAINE BLACKBURN STAFF REPORT 0 2 DATE: DECEMBER 21, 1994 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: MP 177 &lKI’ 94=03/PUD 94-02 - ALDEA II - Request for approval of a Minor Master Plan Amendment, Tentative Tract Map and Planned Unit Development to allow construction of a 9-lot/S4-unit residential townhome project within the Aviara Master Plan (Planning Area 15) at the southern end of Black Rail Court in the PC Zone and within Local Facilities Management Plan Zone 19. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 3734, recommending approval of the Negative Declaration issued by the Planning Director, and ADOPT Planning Commission Resolution Nos. 3735 and 3736, RECOMMENDING APPROVAL of MP 177 (M), m 94-03 and PUD 94-02, based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND The applicant is requesting approval of a Minor Master Plan Amendment, Tentative Tract Map and Planned Unit Development for 54 townhome residential units on 9 lots. The project will have a gated entry area and a common recreation facility (swimming pool). The site of the proposed development is a pregraded pad located at the southern end of the proposed Black Rail Court in the Aviara Master Plan area. The planning area is a 23.3 acre site of which 7.09 acres constitute the developable area. It is on a terrace with up-slopes to the east and down-slopes to the west and south. The site is surrounded on the west, south, and east by the Aviara Golf Course. Alga Road is just north of the site. The proposed residential units are two story single-family attached units of three types and sizes: Plan 1 (1663 square feet, 2-bedroom&bath), Plan 2 (1925 square feet, 3-bedroom/3- bath), and Plan 3 (2197 square feet, 3-bedroom/3-bath). The units will be designed in two, three, and four-plex structures. Building facades will be of stucco, and roofs will be of concrete tiles. The applicant is proposing to trade an existing open space area for another area on a different part of the site in order to facilitate access to the site. The proposed open space area is larger and of better quality than the currently designated area. (See Section 1II.F. MP 177(M)/~94-03/P~L)94-02-ALDEAn DECEMBER 21,1994 PAGE 2 “Environmental Review” for discussion.) The proposed Master Plan Amendment relates to the way in which building height is measured. This is discussed in detail in Section 1I.D. of this staff report. III. ANALYSIS The proposed project is subject to the following plans, standards, regulations, and ordinances: A. RM General Plan Land Use Designation; B. Subdivision Regulations (Title 20 of the Carlsbad Municipal Code) and the California Subdivision Map Act; C. Planned Unit Development Regulations (Chapter 21.45 of the Carlsbad Municipal Code); D. Aviara Master Plan (MP 177); E. Growth Management Ordinance (Local Facilities Management Zone 19); and F. Environmental Protection Procedures (Title 19 of the Carlsbad Municipal Code) and the California Environmental Quality Act (CEQA). k GENERAL PLAN This portion of the Aviara Master Plan (Planning Area 15) is allowed 192 multi-family units by the Aviara Master Plan. The project is proposed with 54 units (7.62 du/ac), based on the net developable portion of the site. The proposed project is consistent with the development allowed by the Master Plan. The project is consistent with the goal of the Residential land use designation of the General Plan of providing for a variety of housing types and density ranges. The project is also consistent with the Residential land use objective of locating multi-family uses near major transportation corridors (Objective C.5). Alga Road is a major arterial. B. SUBDMSION REGULATIONS AND CALIFORNIA MAP ACT The subject site is a previously graded pad which was rough graded according to CT 85-35. Finish grading will consist of 23,400 cubic yards of cut and fill. No soil import or export will be required. The proposed finished elevations are consistent with the approved Aviara Master Plan Tentative Map. The State Subdivision Map Act requires that the project comply with numerous requirements as discussed below: s4 MP 177(M)/cr94-03/Pbr)94-02-ALDEA11 DECEMBER 21,1994 PAGE 3 Projects must be consistent with all applicable general plans, Title 21, and applicable specific plans. The proposed map and project design are consistent with the City’s General Plan, the City’s Zoning regulations, and Master Plan 177. Compliance with each of these requirements is discussed in Sections III.A., III.C., and III.D., of this staff report, respectively. The proposed project must be physically suitable for the type and density of development proposed. The project also complies with these requirements. The site is a pregraded pad created for the anticipated residential uses, and the number of units proposed (54) is fewer than the maximum number allowed (192). The proposed project density (7.62 du/ac) and the product type (single-family attached units) are suitable for the subject site because they allow the use of smaller pad areas and the stepping of the units consistent with the slope of the site., The use of smaller pad areas and stepping of units are also consistent with the City’s Hillside Design Regulations. The subdivision design and improvements will not cause serious public health problems. The project has been designed to be consistent with all applicable City standards and has been conditioned to provide all necessary public facilities through the Zone 19 Local Facilities Management Zone Plan. The proposed subdivision design will not conflict with any easements on the property and is not subject to a contract entered into under the Land Conservation Act of 1965 (the Williamson Act). The Map Act requires that local agencies consider the effect of proposed subdivision approvals on the housing needs of the region in which the local jurisdiction is located. Housing needs must be balanced against the public service needs of residents and available fiscal and environmental resources. The proposed project is consistent with the City’s Housing Element and is, therefore, consistent with the Map Act in this regard. The Map Act also requires that subdivisions be designed, to the extent feasible, to provide for future passive or natural heating or cooling opportunities. The proposed lot sizes and configurations, and the number of units per structure will permit the structures to take advantage of prevailing breezes to provide natural cooling. Finally, all of the requirements of the California Environmental Quality Act (CEQA) have been met. (See Section 1II.F. of this report for discussion.) C. PLANNED UNIT DEVELOPMENT REGULATIONS The proposed project is consistent with the City’s PIED regulations (Chapter 21.45). The project meets or exceeds all of the applicable minimum standards of the PUD regulations. A summary of the applicable standards and the design of the proposed project are included in the table below (‘Development Standards Compliance Table”). This table demonstrates that the project complies with building height restrictions, setback requirements, minimum distance between structures, parking requirements, recreation area requirements, and street design requirements as identified in Chapter 21.45.090. MP 177(M)/CI’ 94-03/PUD 94-02 - ALJXA II DECEMBER 21,19!94 PAGE 4 The project satisfies the design criteria set forth in Section 21.45.080 and is designed in accordance with the concepts contained in the Design Guidelines Manual. The project includes stepped pads, curvilinear street design, enriched paving at the entry area, private and common recreation areas, varied building orientations, and architectural relief. The project design is also sensitive to the natural topography of the site and enhances the natural resources on the site. By using a mixture of two, three, and four-plex buildings, the proposed structures can be built on smaller pads and can be stepped into the hillside topography. Finally, the project’s circulation system is designed to be efficient and well integrated with the project and does not dominate the project. The proposed subdivision will take access off of Black Rail Court. This street will be a 36-foot wide private street with parallel parking allowed on both sides for guest parking. Driveways B, C, and F will each be 30-feet wide. No on-street parking will be allowed on these driveways. Driveways D and E will be 32-feet wide and will provide on-street parking on one side. Each of these street widths and parking arrangements is consistent with the requirements of the PUD regulations. Guest parking is dispersed throughout the project, both on-street and in bays for maximum convenience. DEVELOPMENT STANDARDS COMPLIANCE TABLE Max # dus Min Lot Size Max bldg ht Setbacks: Front Side Rear Setback from top of slope adj. to golf course Min dist b/t structures Res pkg required Guest pkg required Compact guest pkg 3573 stories 20 n/a 3072 stories; 2075 (street/dwy) 29’872 stories 2075 (street/dwy) n/a 20 n/a 20 20 20’ (2~story structures) 21’-62 per Ch. 21.44 108 covered spaces; 108 garage spaces; ww ww per Ch. 21.44 16 sp’s (5 for 1st 10 32 sp’s dus & l/4 dus above 10) 8 sp’s (45% of total) 0 (all std size) MP 177(M)/~9~03~~i)94-02-ALDEAII DECEMBER 21,1994 PAGE 5 Ret area private ret area required 10,800 sf total; (200 sf/du); both common & private required; balcony or patio required for MF proj’s; 39,600 sf total common: 4,250 sf pnrt: 35,350 sf balconies: 4,750 sf pvtyds: 30,600 sf Min pvt st. width 30’ (w/no parking) 30'~Dwys B,C,F 32'-Dwys D,E D. AVIARA MASTRR PLAN (MP 177(GQ The proposed project is consistent with the intent and requirements of the Aviara Master Plan for Planning Area 15, as demonstrated in the “Development Standards Compliance Table” above. The project includes fewer dwelling units than the maximum allowed by the Master Plan. The project also satisfies the parking and setback requirements of the Master Plan, including the required setback from the top of slopes adjacent to the golf course and is within the 35’ maximum height allowed by the Master Plan. With respect to building height, the Master Plan allows a maximum height of 35 feet/3 stories. The 35 feet figure was based on building height being measured to the mid-point of the roof. Since the time this Master Plan was approved, the City has changed the way building height is measured. It is now measured to the roof peak. (This change can result in a difference of 3 to 6 feet depending upon the roof pitch and building size used.) Therefore, the City’s change in definition resulted in a reduction in allowed building heights within the Aviara Master Plan area. This situation was corrected for two of the Planning Areas (13 and 23) by an amendment approved in 1992. It was expected that similar corrections would be proposed as needed when the various planning area development applications were submitted. Therefore, this project includes a proposed Minor Master Plan Amendment (MP 177(M)) for this planning area. Based upon the number of units allowed in this planning area (192), it was anticipated that the product type used would consist of large pads containing stacked flat units. It was also expected (and allowed) that the majority of the structures would be 3-story units and would be up to 35 feet in height (measured at the midpoint of the roof). This type of development would have been necessary in order to yield the 192 units allowed. In an effort to balance the expected 3-story structures, the Master Plan also called for a minimum of 30% of all structures to be no more than 24 feet in height (again presumably measured at the midpoint of the roof). The development proposed involves a somewhat different product type which is still considered a multi-family development but which yields fewer units (54) and allows the use of smaller pads and structures. The proposed development includes no 3-story structures and no 35’ structures. The maximum building height proposed for all structures is 29’8” MP 177(M)/~94-03~~L)94-02-ALDEA II DECEMBER 21,19!34 PAGE 6 (measured to the roof peak) (24’ at the midpoint of the roof). In addition, the structures will be set back from the top of the slope along the perimeter of the project. Staff believes that the proposed project design meets the intent of the Master Plan as designed, and is therefore proposing that a Minor Master Plan Amendment be approved to allow the maximum building height for the project to be 30’ measured at the peak of the roof. E. GROWTH MANAGEMENT ORDINANCE The proposed project is located within Local Facilities Management Plan Zone 19. The project is conditioned to comply with all requirements of the adopted zone plan. The impacts created by this development on public facilities and compliance with the adopted performance standards are summarized as follows: ~.:““““““““““‘“‘“““:~‘.~.‘; n.,..........,..., ~~~~~~~~~~ :. .‘. ..C.,.,.,.,..v,. pm%...+ .,.....,.... ,:~~:.:.:.:.:~::::~:::~~~ i _,..~,..,.... >.>< _,,,, ~. ::\.xr . . . . . . . . . . . . . ..i............. L .,.A.,.. ,.. _, :. L :.>:. :.II: .:::: .,,,., :’ : : : : _: I. :.<A ..,.>.,$ :,:, 5: ,..:.. , . . . . . . City Administration Library Waste Water Treatment N/A Parks Drainage Circulation Fire Open Space Schools Sewer Collection Systems Water 100 sq. ft. I Yes I Yes .38 acre I Yes N/A I Yes 432 ADT I Yes STA #‘s 4 & 2 I Yes N/A I Yes Carlsbad I Yes 54 EDUS I Yes 11,880 GPD I Yes The Zone 19 LFMP projected 192 units for this planning area. Therefore, development of 54 units would place 138 units into the excess dwelling unit bank for the southwest quadrant of the City. F. ENVIRONMENTAL The applicant is proposing to trade an existing open space area for a larger area on another portion of the site in order to facilitate access to the site. The current open space area is located on the eastern portion of the site at the end of Black Rail Court. The applicant is proposing to utilize this area for access to the project site. The larger trade area proposed for open space is located along the northwestern edge of the site. The proposed area is of equal or better value as habitat than the current open space area and is larger (0.16 acre versus 0.07 acre). In addition, the proposed area is in a better location to provide a more contiguous, useable open space area. MP 177(M)/CT94-03lI'bL)94-02-ALDEA II DECEMBER 21,1994 PAGE 7 The Planning Director has determined that the proposed project will not have a potentially significant impact on the environment and has, therefore, issued a Negative Declaration on October 1, 1994. N. SUMMARY The proposed project is consistent with the City’s General Plan and Subdivision Regulations and with the California Map Act. The project meets or exceeds the minimum standards of the City’s Planned Unit Development (PUD) Regulations, and is also consistent with the Aviara Master Plan. Finally, the project has been reviewed under CEQA and found not to have a potentially significant effect on the environment. Consequently, staff is recommending that the proposed Master Plan Amendment is minor in nature and approval of the proposed project. ATI’ACHMENTS 1. 2. 3. 4. 5. 6. 7. 8. 9. Planning Commission Resolution No. 3734 Planning Commission Resolution No. 3735 Planning Commission Resolution No. 3736 Location Map Disclosure Statement Background Data Sheet Local Facilities Impact Assessment Form Reduced Site Plan Exhibits “A” - “J”, dated December 21, 1994. . DISCLOSCRE STATEMENT L\?P~J~M’S STATEMEhT CF SISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPUCATIONS WHICH vvl~~ REOU;RE ZiSCAETIONA’RY ACTION ON THE PART OFTHE CITY COUNCIL OR ANY APPOINTED 80AAD. COMMISSION OR CCMMtlTEE. ;Please Print) The followlng information must be disclosed: 1. 2. 3. 4. Applicant List the names and addresses of all persons having a financial interest in the application. D.R. Horton 10179 Huennekens. Stp. lfifl San Dieso, CA 92121 . Owner List the names and addresses of all persons having any ownership interest in the property involved. Aviara Land Associates Limited Parbership 2011 Palomar Air-Dot-t Rd. Suite 206 Carlsbad, CA 97009 , If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnershIp interest in the partnership. N/A If any person identified .pursuant to (1) or (2) above is d non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. N/A 20.75 Las Palmas Drive - Carlsbad, California 92009-4859 0 (619) 438-l 161 . - :Over) X~dosure Statement Page2 5. Have you had more than S250 worth of business transacted with tiny member of City.staff. Boarzs Commissions, Committees andCouncilwi!hin the past twelve months? . Yes - No' - If yes, please indicate person(s) \ 1 oarwn IS defined U: ‘Any rc~v~dual. lirm. copanner~hlp. 1clr.t venture. usociation. social club. fratrrnrl orgamzatron. cofporrl~on. rr:a:r U*,SL , fecewlr. syndicatr, fhlr rna any Other county, cq and counry. crty munlclpal~. dirtrtct or ofhw pornicrl subdiv~rton. or any 01lwt ;ro~o CI combmaflon l ctmg as a unk’ . WOTE: Attach additional pages as necessary.) Owner: Aviar'a Land Associates Limited Partnership, a Delaware limited partnership Applicant: D.R. BY: BY: Aviara Land Company, a Delaware corporation, General Partner BY: D.L. Cleme?s/Vice President BY: DATE: L/-/3- 3L/ BY: ' Republic Development Co., a California corporation, General Partner . BY:. D.L. Clemens/Vice President, . _' BY: DATE: ‘(‘13 - 7v rC. BACKGROUND DATA SHEET CASE NO: MP 177(M)/CT 94-03/PUD 9442 CASE NAME: Aldea II APPLICANT: D. REQUEST AND LOCATION: Within Aviara Master Plan area at the southern end of Black Rail Court in the Citv of Carl&ad. Countv of San Dieeo LEGAL DESCRIFl’ION: Parcel 6 of Parcel Mao No. 16451. filed in the Office of the County Recorder of San Dieno Countv on Anril 15. 199 1. in the Citv of Carl&ad. State of California. APN: 215-612-20 Acres 23.3 Proposed No. of Lots/Units 9/54 (Assessor’s Parcel Number) GENERAL PLAN AND ZONING Land Use Designation RM/RLM/OS/RC/N Density Allowed 8.2 du/ac Density Proposed 7.62 du/ac Existing Zone PC Proposed Zone PC Surrounding zoning and Land Use: (Se-e attached for information on Carl&ad’s Zoning Requirements) zoning Land Site PC Undeveloped North PC Alga Road south PC Golf Course East PC Golf Course West PC Golf Course PUBLIC FACILITIES School District Carl&ad Unified Water District Carl&ad Sewer District Carlsbad Equivalent Dwelling Units (Sewer Capacity) 54 Public Facilities Fee Agreement, dated Apil20. 1994 ENVIRONMENTAL IMPACI’ ASSESSMENT x Negative Declaration, issued October 1.1994 - Certified Environmental Impact Report, dated Other, EB:vd LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Aldea II - MP 177MVCT 94-03/PUD 94-02 LOCAL FACILlTY MANAGEMENT ZONE: 19 GENERAL, PLAN: RM/RLM/OS/RC/N ZONING: F’C DEVELOPER’S NAME: D. R Horton. Inc. ADDRESS: 10179 Huennekens St.. Ste 110. San Dieeo. CA 92121 PHONE NO: [619,452-3700 ASSESSOR’S PARCEL NO: 2 15-612-20 QUANTITY OF LAND USE/DEVELOPh,iENT (AC., SQ FT., DU): 23.3 ac17.09 ac ESTIMATED COMPLETION DATE: A. City Administrative Facilities: Demand in Square Footage = 187.74 B. C. D. E. F. G. H. I. J* K. Library: Demand in Square Footage = Wastewater Treatment Capacity (Calculate with J. Sewer) Demand in Acreage = Demand in CFS = Identify Drainage Basin = Park: Drainage: (Identify master plan facilities on site plan) Circulation: (ldentifjr Trip Distribution on site plan) Fire: Open Space: schools: (Demands to be determined by stafl-) Sewer: (Identify trunk line(s) impacted on site plan) Water: oo.,l3 1 0.38 n/a D Demand in ADTs = 432 Served by Fire Station No. = Acreage Provided - 4&2 n/a n/a Demand in EDUs - IdentifL Sub Basin - 54 n/a Demand in GPD - 11.880 PLANNING COMMISSION December 21,1994 PAGE 2 TINUED PUBLIC HEARING: . lanner, stated that he had made a complete staff presen 1994. For review he gave a brief slide presentation and stated that LC previously approv City’s Local Coastal approved by the Car 93-05 amended density p s for Senior Citizen Housin rm to State Density Bonus Law and established locati dards which responds to senior citizen needs. ZCA development standards for second dwelling units for purpos uraging and enablin elopment of second dwelling units in the residential zones of the City. Mr. DeCerbo stated that the City’s Zoning 0 Coastal Program (LCP) and must be approv LCPA 94-02 is a follow up legislative action Ordinance will be consistent with each other appropriate noticing in two local n list maintained by the City. No co lementing ordinance for the City’s Local oastal Commission. Consequently, oved ZCAs so that the LCP and Zoning c comment period has been provided, with tice was also mailed to an interested parties Mr. DeCerbo stated that the consistent with the it will have no impact on environmental resources. S Chairman Savary open ublic testimony and issued the invitation to address the Commission on this topic, and opened the item for discussion among the ACTI . 7 Motion was made by Commissioner Noble, and duly seconded, to Commission Resolution No. 3724, recommending approval of the findings and subject to the conditions contained therein. 7-o Chairman Savary, Commissioners Compas, Erwin, Monroy, Welshons None None 2. MP 177(M)/CT 94-03/PUD 94-02 - ALDEA II - Request for approval of a Negative Declaration, Minor Master Plan Amendment, Tentative Tract Map and Planned Unit Development to allow construction of a 9-let/54-unit residential townhome project within the Aviara Master Plan (Planning Area 15) at the southern end of Black Rail Court in the PC Zone and within Local Facilities Management Plan Zone 19. MlNUTEg - PLANNING COMMISSION December 21,1994 PAGE 3 Elaine Blackburn, Associate Planner, reviewed the background of the request and stated that the applicant is requesting approval of a Minor Master Plan Amendment, Tentative Tract Map, and Planned Unit Development for a g-lot, 54-unit residential townhome development in Aviara.Planning Area 15. She showed slides of the proposed project site and stated that it is surrounded on the west, south, and east by the Aviara Golf Course. Alga Road is just north of the site. The project consists of attached single-family units in multi-unit structures. The units range in size from 1,663 s.f. to 2,197 s-f. The proposal includes both private and common recreation areas. The same project design has already been approved in Planning Area 16, where it is currently under construction. She showed slides of Aldea I, the project under construction. Ms. Blackburn stated that the applicant is proposing to trade an existing open space area of 0.07 acres for a larger open space area of 0.16 acres. The proposed open space is larger and of better quality than the currently designated area. The Minor Master Plan Amendment (MPA) included in this request is due to the City’s change in the way building height is measured since this master plan was approved. At the time of the master plan approval, building height in the City was measured to the midpoint of the roof. Building height is now measured to the peak of the roof and this has resulted in a reduction in the allowable building height within the Aviara Master Plan area. The Minor MPA would address this change. However, it should be noted that the proposed structures are all well within the maximum allowed structure height for the planning area. Ms. Blackburn stated that Planning Area 15 allows a maximum of 192 multi-family units while the project is 54 units. The maximum building height for this planning area is 35 ft. and three stories; however, 30% of the units must be no more than 24 ft. high. This was done with the intent of balancing out the large number of three-story units which were expected to be built on the site. As proposed, there are no units in this project higher than 29’8” and two stories. The project complies with all required setbacks and distances between structures. All units have double garages, as required. Guest parking is being provided in excess of the minimum requirements and is disbursed throughout the project. All guest parking spaces are standard size. There is a total of 39,600 s.f. in recreation area. Common recreation area consists of 4,250 s.f. (swimming pool). There is a total of 35,000+ s.f. in private recreation, including 4,750 s.f. of b&o&e, with the rest being private yards. The PUD requires a minimum street width d 30 ft., with no pating. There are a variety d street widths provided in the M, including 30,32, and 36 ft., depending on whothor or not on-street parking is allowerzf. Ms. Blackburn stated that staff has reviewed the project for compliance with all applicable regulations and standards and we believe it complies with the standards and the intent of the master plan. Staff recommends approval. She noted one change in Resolution No. 3734, line 19, which should be corrected to read: “...and PII Revised, dated December 13, 1994, attached hereto...“. Rich Rudolf, Assistant City Attorney, noted another change to this resolution. In Finding ##2, line 26, the following sentence should be added: “All feasible mitigation measures required by MEIR 93-01 have been incorporated into or imposed by condition on the project.” Commissioner Erwin inquired if this project is within the three mile radius of the airport; he did not see a condition regarding airport impacts. Ms. Blackburn stated that it should be there, and pointed out the condition. Commissioner Welshons quoted $2145.090 of the code which states that “All multi-family units fronting on a public or private street shall maintain a minimum 20 ft. front yard setback. Garages that face onto a private driveway serving an attached multi-family project may have a 5 ft. setback, provided that guest MINUTES PLANNING COMMISSION December 21,1994 PAGE 4 parking is disbursed along the entire driveway or that the width of the driveway is adequate to accommodate parking on one side.” She asked staff to address the driveway requirement. Bob Wojcik, Principal Civil Engineer, replied that when this part of the code was written, there was a definition of driveways. Since then, however, an amendment was passed by the Planning Commission which removed the definition of driveway. Because driveway is still referenced in the code, staff follows a policy which defines a driveway. The driveways in this project are actually streets because they are 30 ft. wide; they are allowed to have 5 ft. setbacks. There is no regulation as to how close the guest parking spaces must be. It simply states that guest parking must be disbursed. Staff follows a policy that guest parking spaces should be within 150 ft. of residences. Commissioner Welshons inquired if this explanation means that staff does not follow the code section which she quoted. Mr. Wojcik replied that they follow it but there is some history missing which makes it difficult for someone just picking it up to understand why there appears to be a conflict. Commissioner Welshons stated that she interprets the code to mean that there must be guest parking along the entire length of the driveway or adequate to accommodate parking on one side. Since the term “driveway,” is used, there is no parking on the opposite side, nor is it disbursed along all of the streets. Mr. Wojcik replied that this would also be in conflict with the PUD ordinance which allows 30 ft. streets, with no parking. This confusion is caused because the driveway definition was taken out of the code. Commissioner Welshons inquired about the reference to an internal administrative policy in making sure that there is guest parking at least within 150 ft. of a residential unit. How do Commissioners read between the lines to know this policy, if it is not available in print. Gary Wayne, Assistant Planning Director, replied that the policy is in writing and was provided to Commissioners at the last workshop. Commissioner Welshons noted that the applicant has not signed the assessment form on the Revised Negative Declaration. Ms. Blackburn replied that the applicant’s signature is only needed when mitigation is placed on the project. In that event, the applicant signs the form stating that they agree and will comply with the mitigation. Commissioner Welshons inquired about the pool dimensions. Mr. Wojcik replied that landscape plan shows the pool length to be about 72 ft. Commissioner Welshons is concerned about the large disparity in the number of units being built (54) and the number of units allowed (192) in Planning Area 15. She believes it is inconceivable that 192 units would fit on a 7.09 acre site, yet this large reduction in density makes the developer look really good. She would like to know if this reduction has any impact on public facilities. Ms. Blackburn realizes that this seems confusing. In actuality, there is a total of 23.3 acres in Planning Area 15. The number of units allowed in this Master Plan was a negotiated number. Through negotiation, the developer actually provided three times the amount of open space he would have had to provide had he gone with a strict calculation of net developable area, so the number of allowed units looks high in some areas. However, there may be some areas within this planning area which meet the definition of developable but, because of negotiation, we are not allowing those areas to be built on. Mr. Wojcik stated that the reduced density will result in an improvement to public facilities because there are less people driving on the streets and using sawer, water, fire facilities. Residential units do not pay for 100% of the services that they receive from the City. The balance is taken from the commercial-industrial developments. Consequently, less units would result in an improvement. Chairman Savary invited the applicant to speak. MINUTES PLANNING CGMMISSfGN December 21,1994 PAGE 5 Jeff Lundstrom, Lundstrom & Associates, 5965 Pacific Center, Suite 703, San Diego, civil engineering consultant for the applicant, D. R. Horton, addressed the Commission and stated that he is proud of the Aldea II project, which is a continuation of Aldea I. He requested the Commission’s approval and stated that he would be happy to answer questions. Commissioner Monroy inquired about Condition #16 which requires roll-up garage doors and automatic garage door openers only on certain units. Due to the lack of sidewalks on both sides of the street, and for safety purposes, he would like to see the roll-up doors on all units because it would allow people to drive the cars all the way up to the door. Mr. Lundstrom replied that staff developed the condition and indicated. minimum areas for roll-up doors. He understands that all units in Aldea I will have roll-up doors and he believes they will likely do the same in Aldea II. Commissioner Erwin inquired if he could accept a condition for automatic garage door openers and roll-up doors on all units. Mr. Lundstrom replied Yes. Commissioner Nielsen inquired if the applicant voluntarily reduced the number of units from 192 to 54. Mr. Lundstrom replied Yes. However, he noted that 192 homes would have required a different product type. It was really a business decision because Aldea I was so widely accepted by the public. Commissioner Welshons stated that she would like the pool to be extended from 72 ft. to 75 ft. in length. Mr. Lundstrom replied that he doesn’t see how 3 ft. could make much of a difference. He would have to confer with his client. Chairman Savary opened the public testimony and issued the invitation to speak. There being no other persons desiring to address the Commission on this topic, Chairman Savary declared the public testimony closed and opened the item for discussion among the Commission members. Commissioner Noble stated that there are currently six sites under construction in Aviara. Although all traffic signals have been paid for, they are not being installed at this time. He would like to see a condition requiring installation of the signals. Mr. Wojcik replied that the staff procedure for traffic signals is to monitor the intersections and install the signals when they are warranted. If signals are put in too early, they usually cause accidents. Commissioner Noble stated that while it is true that early installation of traffic signals sometimes cause accidents, the accidents are usually far less serious. Commissioner Erwin just doesn’t see how we could have squeezed more units in this area. He thinks we need to look at the driveway situation. He will. support the project but he really doesn’t like to see units right up on the street the way these are. Commissioner Compas likes Aldea I so he is sure he will like Aldea II. He will support the project. Commissioner Nielsen would like staff to answer Commissioner Noble’s comment regarding traffic signals. Mr. Wojcik replied that he doesn’t think a condition for traffic signals should be added to this project. Commissioner Erwin stated that this may not be the right time to add a condition for traffic signals. Nevertheless, he would like the subject brought back as a discussion item in the very near future. Commissioner Noble stated that he likes the project. He could support the pool extension if the condition is worded in such a way that it will be extended if it is feasible. MINUTE@ PLANNING COMMISSION December 21,1994 PAGE 6 ACTION: Motion was made by Commissioner Compas, and duly seconded, to adopt Planning Commission Resolution No. 3734, recommending approval of the Negative Declaration issued by the Planning Director, and adopt Planning Commission Resolution No.s 3736 and 3736, recommending approval of MP 177(M), CT 94-03 and PUD 9442, based on the findings and subject to the conditions contained therein, with the following changes: (1) modify Condition #16 requiring roll-up doors and automatic garage door openers on all units; (2) increase the length of the swimming pool to 75 ft. if feasible; and (3) incorporate two changes to Resolution No. 3734 as read into the record. VOTE: 7-O AYES: Chairman Savary, Commissioners Compas, Erwin, Monroy, Nielsen, Noble, and Welshons NOES: None ABSTAIN: None Commissioner Welshons stated that she is concerned about parking. She thinks we need to look at the standards and possibly coordinate the number of parking spaces to the number of bedrooms, rather than the number of units. When there are three bedrooms, there is normally a third vehicle. If the driveway is reduced in depth, the third vehicle would have to park on the street which impacts guest parking. Gary Wayne, Assistant Planning Director, replied that administrative policy referred to earlier only deals with the definition of a driveway in the code. The PUD standard has nothing whatsoever to do with parking based on the number of bedrooms. Parking requirements throughout the City are based on units and the maximum number of parking spaces per unit is two, even if a home or apartment has 10 bedrooms. Commissioner Welshons questions whether this parking requirement fits reality. She feels the driveway issue and the parking issue are inter-related. ACTION: A Minute Motion was made by Commissioner Welshons, and duly seconded, to bring back a discussion item on driveways and parking at a future meeting. VOTE: 7-O AYES: Chairman Savary, Commissioners Compas, Erwin, Monroy, Nielsen, Noble, and Welshons NOES: None ABSTAIN: None Elaine Blackburn, Associate Planner, the Planning Corn 17.2 acres owned b Real approximately e request and stated that the California IC purposes require a determination by uisition is to stabilize m. The existin - - NOTICE OF PUBLIC HEARING MP-177(M)/CT 9403/PUD 94-2 - ALDEA II 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, February 7, 1995, to consider a request for approval of a Negative Declaration, Master Plan Amendment, Tentative Tract Map and Planned Unit Development to allow construction of a 9-let/54-unit residential townhome project within the Aviara Master Plan (Planning Area 15), at the southern end of Black Rail Court, in the PC Zone, in Local Facilities Management Zone 19, and more particularly described as: Parcel 6 of Parcel Map No. 16451, filed in the Office of the County Recorder of San Diego County, on April 15, 1991. If you have any questions regarding this matter, please call Elaine Blackburn in the Planning Department at (619) 438-1161, extension 4471. If you challenge the Negative Declaration, Master Plan Amendment, Tentative Tract Map and/or Planned Unit Development in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk's Office at, or prior to, the public hearing. APPLICANT: D.R. Horton, Inc. PUBLISH: January 28, 1995 CITY OF CARLSBAD CITY COUNCIL h - AKIRA & TOSHIKO MUROYA PO BOX 9000-251 CkRLSBAD CA 92008 AVIARA MASTER ASSOCIATI 2011 PALOMAR AIRPORT RD 1 CARLSBAD CA 92009 CA 92009 *** 12 Printed *** AVIARA LAND ASSOCIATES 450 NEWPORT CENTER DR 3 NEWPORT BEACH CA 92660 . AVIARA LAND AS 4 LUNDSTROM & ASSOCIATES 5965 PACIFIC CENTER BLVD 8703 SAN DIEGO CA 92121 AVIARA MASTER ASSOCIATI 2251 SAN DIEGO AVE A250 SAN DIEGO CA 92110 'WARMINGTON AVIAF2A ASSOC 3090 PULLMAN ST A COSTA MESA CA 92626 ! D R HORTON 10179 HUENNEKENS SUITE 100 SAN DIEGO CA 92121 C FACILITIES FOR CITY CLERK MP‘ 177(M)/CT 94-03/PUD 94-02 m ALDEA II / . CARLSBAD UNIF SCHOOL DIST : SAN DIEGO COUNTY PLANNING 801 PINE AVENUE 5201 RUFFIN RD STE “B” CARLSBAD CA 92008 SAN DIEGO CA 92 123 CITy OF &+RLSB/ ’ ‘iiii%:~PAL WATER COMMU/dhVKES DISTRICT I ‘CALIF DEPT OF FISH & GAME ) 330 GOLDENSHORE #50 1 LONG BEACH CA 90802 I : . . (/’ ! I’ i ; I ; * . 1” .., ; ‘. I, .’ . . . ’ J’ ., :.: ; : .,; .*_ ! . . .’ .’ * . I , I’ I, I .’ I ; . ._ . ‘. I, . , ‘,. 9 (Form A) TO: CITY CLERK’S OFFICE FROM: PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notide MP 177(M)/CT 94-03/PUD 94-02 - ALDEA II for a public hearing before the City Council, Please notice the item for the council meetlng of . Thank you. Assistant City Man- Public Notice January 18, 1995 Date l - *, NOTICE OF PUBLIC HEARING A NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village D&e, Carlsbad, California, at 6:06 p.m. on Wednesday, December 2 1, 1994, to consider a request for approval of a Negative Declaration, Master Plan Amendment, Tentative Tract Map and Planned Unit Development to allow construction of a 9- lot/%-unit residential townhome project within the Aviara Master Plan (Planning Area 15) at the southern end of Black Rail Court in the PC Zone and within Iocal Facilities Management Plan Zone 19 and mom particulariy described as: Parcel 6 of Parcel Map No. 1645 1, filed in the OfIke of the County Recorder of San Diego County on April 15, 1991, in the City of Carlsbad, State of California Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after December 15, 1994. If you have any questions, please call Elaine Blackburn in the Planning Department at (619) 438-l 161, ext. 447 1. If you challenge the Negative Declaration, Master plan Amendment, Tentative Tract Map and/or Planned Unit Development in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: MP 177(M)/cT 94-03/PUD 94-02 CASE NAME: ALDEAII PUBLISH: DECEMBER 9,1994 CITY OF CARISBAD PLANNING COMMISSION C AKIRA & TOSHIKO MUROYA AVIARA LAND ASSOCIATES -PO BOX 9000-251 450 NEWPORT CENTER DR 3 CARLSBAD CA 92008 NEWPORT BEACH CA 92660 - AVIARA MASTER ASSOCIATI 2011 PALOMAR AIRPORT RD CARLSBAD CA 92009 *** 12 Printed *** AVIARA MASTER ASSN 2011 PALOMAR AIRPORT RD CARLSBAD CA 92009 LUNDSTROM & ASSOCIATES 5965 PACIFIC CENTER BLVD f/703 SAN DIEGO CA 92121 AVIARA MASTER ASSOCIATI 2251 SAN DIEGO AVE A250 SAN DIEGO CA 92110 WARMINGTON AVIARA ASSOC 3090 PULLMAN ST A COSTA MESA CA 92626 A rotice ~.ZS b.~?n ynai!sd to aId prooeey ~w~9rs~ccc~pants