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Home My WebLink About1995-04-04; City Council; 13090; Aviara Planning Area 7T=’ OF CARLSBAD - AGEI”” AVIARA PLANNING AREA 7 - CT 90-05(B)/ CP 90-02(B) RECOMMENDED ACTION: q4+- That the City Council ADOPT Resolution No. APPROVING the Tentative Tract Map and Condominium Permit Amendment for Aviara Planning Area 7 (PA 7) - CT 905(B)/CP 90-2(B). I ITEM EXPLANATION On February 151995, the Planning Commission conducted a public hearing and recommended approval without modification (7-O) of a Tentative Tract Map and Condominium Permit Amendment (CT 90-5(B)/CP 90-2(B)) to Planning Area 7 (PA 7) which is located at the northwest corner of Ambrosia Lane and Alga Road in Local Facilities Management Zone 19. No persons other than the applicant gave public testimony during the hearing. The site is located in the Planned Community (PC) Zone and is subject to the development standards of the Aviara Master Plan and Planned Development Ordinance (Chapter 21.45 of the CMC). On March 19,1991, the City Council approved development for a 145 unit Condominium Project (CT 90-5/CP 90-2) within PA 7. The Planning Area is divided into an east neighborhood and west neighborhood by a 150 foot wide San Diego Gas & Electric Easement with overhead power lines, The project was approved with 78 units in the west neighborhood and 67 within the east neighborhood. Each neighborhood would contain their own community pool. A final map has been issued for the west neighborhood which is currently under construction. The proposed project consists of redesigning the east neighborhood. The main objective of this amendment is to establish a greater distance between the units and the power lines within the SDG&E easement. The applicant is proposing to create this buffer to address recent consumer concerns regarding the impacts electro-magnetic fields (EMF) from power lines may have on human health. The redesign would set most of the buildings 150 feet or more from the power lines. The project is currently approved with several units set back 50 feet from the lines. Establishing a wider distance between the power lines and units would be accomplished by eliminating a total of 14 units from the original project. By eliminating these units, vacant space is created within the development. The applicant proposes to utilize this space by relocating Sand Aster Drive slightly west of its current position and adding common active and passive recreation facilities. The proposed amendment also consists of redesigning the guest parking. The amendment would improve the guest parking design by (1) adding four more spaces and (2) dispersing the spaces such that each space is closer to the units it intends to serve. The proposed amendment meets, and in several instances, exceeds all of the standards of the Planned Development Ordinance and Aviara Master Plan. The amendment also complies with the Mello I Local Coastal Program, the Local Facilities Management Zone 19 Plan, and the City’s inclusionary housing requirements. I ENVIRONMENTAL REVIEW The environmental impacts created by the proposed project have been analyzed through completion of an Environmental Impact Assessment. The Assessment concludes that (1) previous environmental review has already been conducted (Aviara Master Plan EIR 83-02(A) and a Mitigated Negative Declaration for CT 90-5/CP 90-2) on the property (2) the required mitigation per the Mitigated Negative Declaration will be incorporated, and (3) the proposed project will have less environmental impacts than the previously approved project. Therefore, _I PAGE TWO OF AGENDA BILL NO. 13, Oci D environmental review for this project has been satisfied under Prior Compliance per Section 19.04.160 of the Carlsbad Municipal Code. FISCAL IMPACTS All public facilities required to serve the proposed project will be available prior to or concurrent with development as mandated by Local Facilities Management Zone 19. Since the proposed amendment would reduce project density, the demand for public facilities will equally decrease. No negative fiscal impacts will be incurred by the City since the developer is responsible for all costs of ensuring the availability and construction of all public facilities. EXHIBITS 1. City Council Resolution No. q 4 -8 5 2. Location Map 3. Planning Commission Resolution Nos. 3749 and 3741 4. Planning Commission Staff Report, dated February 15, 1995 5. All adopted Resolutions for CT 90-5/CP 90-2 6. Excerpts of Planning Commission Minutes, dated February 15, 1995. 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 - RESOLUTION NO. 9 5 - 8 5 A RESOLUTION OFTHE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP AMENDMENT AND CONDOMINIUM PERMITAMENDMENTTO REALIGN SAND ASTER DRIVE, ADD AND RECONFIGURE RECREATIONAL AMENITIES AND GUEST PARKING, REARRANGE THE LOCATION OF SEVERAL DWELLING UNITS, AND ELIMINATE 14 DWELLING UNITS FROM THE PREVIOUSLY APPROVED 145 UNIT CONDOMINIUM PROJECT ALL WITHIN THE EASTERN PORTION OF PLANNING AREA 7 WITHIN PHASE I OF THE AVIARA MASTER PLAN, LOCATED AT THE NORTHWEST CORNER OF ALGA ROAD AND AMBROSIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: AVIARA PLANNING AREA 7 CASE NO.: CT 90-05(BKP 90-02(B) WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on February 15, 1995, hold a duly noticed public hearing as prescribed by law to consider a Tentative Tract Map Amendment and Condominium Permit Amendment; and WHEREAS, the City Council of the City of Carlsbad, on the day 4 th Bf , 1995, held a duly advertised public hearing to consider said Tentative Tract Map Amendment and Condominium Permit Amendment and at that time received he recommendations, objections, protests, comments of all persons interested in or Dpposed to CT 90-05(B)/CP 90-02(B); and NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council >f the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the City Council APPROVES City Council Resolution No. 95-85 , and that the findings and conditions of the Planning Commission as set :orth in Planning Commission Resolution Nos. 3740 and 3741, on file in the Planning . 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 Department and made a part hereof by reference are the findings and conditions of the City Council. PASSED, APPROVED AND ADOPTED at a regular meeting of the City COUNCIL of the City of Carlsbad, California, on the 4th APRIL , 1995, by day of the following vote, to wit: AYES: c ouncil Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, City aerk -2- r EXHBIT 2 . 4 - ARPORT ’ i ;######@###l, : . : i : : : : : : : I . city of btsbad AVIARA PLANNING AREA 7 CT 90-05(B)/ CP 90=02(B) eS 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 ExHBn3 PLANNING COMMISSION RESOLUTION NO. 3740 A RESOLUTION OF THE P IANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP AMENDMENTTO REALIGN SAND ASTER DRIVE, ADD AND RECONFIGURE RECREATIONAL AMENITIESANDGUESTPARIUNG,REARRANGETHE LOCATION OF SEVERAL DWELLING UNITS, AND ELIMINATE 14 DWELLING UNITS FROM THE PREVIOUSLY APPROVED 145 UNIT CONDOMINIUM PROJECT ALL WITHIN THE EASTERN PORTION OF AVIARAPLANNIN GAREA7WITHIN PHASEIOFTHE AVIARA MASTER PLAN, LOCATED AT THE NORTHWEST CORNER OF ALGA ROAD AND AMBROSIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: AVIARAPLANNINGAREA7 CASE NO: CI’ 90-05(B) WHEREAS, a verified application for certain property to wit: Lots 92 and 93 of the City of CarIsbad Tract 85-35, Aviara Phase 1 Unit C, in the City of CarIsbad, County of San Diego, State of California, according to map thereof No. 12411, fiIed in the office of the County Recorder of San Diego County, June 29, 1989. has been fiIed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for a Tentative Tract Map Amendment as provided by Chapter 21.12 of the Carlsbad Municipal Code and the Aviara Master Plan; and WHEREAS, the Planning Commiss Ion did, on the 15th day of February, 1995, hold a d&y noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering aII testimony and arguments, if any, of all persons desiring to be heard, said Commission, considered ah factors relating to the Tentative Tract Map Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as foknvs: k&J 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 4 That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission RECOMMENDS APPROVAL of Tentative Tract Map Amendment, CT 90-05(B), based on the following bindings and subject to the following conditions: Findinsw: 1. The project is consistent with Master Plan 177 since the proposed net density of 4.8 du/acre is within the permitted density of 7 9 du/acre as specified within Master Plan 177. 2. The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed. 3. The project is consistent with all City public facility policies and ordinances since: a. b. C. d. e. f. The Planning Commission has, by inclusion of an appropriate condition to this project, ensured that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the Planning Commission has added a condition that a note shall be placed on the final map that building permits may not be issued for the project unless the 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. School fees will be paid to ensure the availability of school facilities in the Carl&ad Unified School District. Park-in-lieu fees are required as a condition of approval. All necessary public improvements have been provided or will be required as conditions of approval. The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. Assurances have been given that adequate sewer for the project will be provided by the City of Carlsbad. 4. The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for Residential Development (RM/RLM/OS) on the General Plan. PC RESO NO. 3740 -z q r - 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 '27 28 5. 6. 7. 8. Based on the “Initial Study” prepared for this project the Planning Director has determined that the project is within the scope of EIR 83=02(A) and the Mitigated Negative Declaration for CT 9OWCP 90-02, on file in the Planning Department, and there are no additional adverse environmental impacts associated with the project. Therefore, no further environmental review of this project is required. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project is consistent with the City’s Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 19. “The Planning Commission has individually and independently reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the Project, and the extent and the degree of the exaction is in rough proportionality to the impact caused hy the project.” Planning Conditions: 1. 2. 3. 4. Approval is granted for CT 90-05(B), as shown on Exhibits “A” - “P”, dated February 15, 1995, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. Ail conditions of Planning Commission Resolution No. 3139, Planning Commission Resolution No. 3140, Planning Commission Resolution No. 3141, City Council Resolution No. 93-71, and City Council Resolution No. 91-g3 are hereby referenced and remain in full force and effect, except as modified below. Approval of CT 90-05(B) is granted subject to approval of CP 90-02(B). CT 90=05(B) is approved as subject to all conditions of approval of CP 90-02(B), as contained in Planning Commission Resolution No. 3741, incorporated herein by reference and on file in the Planning Department. The developer shall provide the City with a reproducible 24” x 36”, mylar copy of the tentative map amendment as approved by the Planning Commission. The tentative map amendment shall reflect the conditions of approval by the City. The map copy shall be submitted to the City Engineer prior to building, grading or improvement plan submittal, whichever occurs first. This project is also approved under the express condition that the applicant pay the public facilities fee adopted by the City Council on July 28, 1987 and as amended from time to time, and any development fees established by the City Council PC RESO NO. 3740 -3- s 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. 9. 10. 11. - - pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or facilities and improvement plan and to fulfill the subdivider’s agreement to pay the public facilities fee dated March 29,1994, a copy of which is on file with the City Clerk and is incorporated by this reference. If the fee is not paid this application will not be consistent with the General Plan and approval for this project shall be void. The applicant shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carisbad Municipal Code unless previously excluded by the Parks Agreement between the City and Aviara Land Associates dated June 1,1989, as determined by the Community Services Director. The appticant shall provide schooi fees to mitigate conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time of building permit application. Ail or a portion of said fees may be waived subject to the approval of the Carisbad Unified School District. The applicant shall prepare an amended detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to the issuance of grading or building permits, whichever occurs first. Building identification and/or addresses shall be placed on all 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 numerals shall be no less than 4 inches in height. Prior to the recordation of the final map or issuance of building permits, the project applicant shall receive project approval from the California Coastai Commission. Such approval shall be in substantial conformance with this City approval. Evidence of California Coastai Commission approval accompanied with any permits or conditions of approval, shall be submitted to the City Planning Department for review prior to the issuance of building permits or recordation of the final map. Prior to the recordation of the first Gnal tract map or the issuance of residential building permits, whichever is 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 post aircraft noise notification signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director. Said notice shall be incorporated into the CC&&. This project is being approved as a condominium permit for residential homeownership purposes. If any of the units in the project are rented, the minimum time increment for such rental shall be not less than 26 days. A condition so stating this shall be placed in the CC&&s for the project. PC PESO NO. 3740 4 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 - - 12. All garage doors which are set back 5 feet or less from the garage door to the edge of curb or back of sidewalk, whichever is closest to the structure, shall be equipped with a roil-up door and automatic garage door opener. Ail garage doors which are setback less than 20 feet but more than 5 feet to edge of curb or back of sidewalk, whichever is closest to the structure, shall be equipped with an automatic garage door openers but need not have a roil-up door. 13. Prior to the occupancy of any of the dvveiiing units, the project applicant shah construct a 5.5 to 8.5 foot tail noise barrier (combination wail and berm) between Alga Road and buildings 17, 1% 21, 22, 41 and 42. The noise barrier shall be constructed consistent with the recommendations of the Acoustical Study for Planning Area 7 (Mestre Grew, 1990). The wail portion of this barrier shall not be permitted to exceed six feet in height. Prior to the occupancy of ail units in buildings 17, lS, 21, 22, 41 and 42, the project applicant shall incorporate ail required traffic noise mitigation measures (i.e. mechanical ventilation) into these units, as described in the Acousticai Analysis for PA-7. 14. Ail perimeter fences/wails shall be required to be designed consistent with the materials and style of other Master Plan approved fences/wails. A fencing plan shall be submitted to and approved by the Pianning Director prior to issuance of building permits. Such fencing plan shall include fence locations for each private rear yard. 15. Prior to occupancy of the first unit in each phase of development, aij passive and active recreation areas within such phases shall be completed with landscaping. 16. A portion of the Master Pian Community trail to be located on the west side of the west boundary of Planning Area 7 shall be instailed prior to the Rrst occupancy of the amended site (east neighborhood) and designed according to the Master Plan criteria. The trail, which will eventually connect from Alga Road to the future extension of Poinsettia Lane, shall extend from Alga Road to the northern boundary line of Planning Area 7 for purposes of satisfying this condition. Until this trail connects with Poinsettia Lane, a sign shall be posted at its Aiga Road entrance indicating that this is not a through trail. A fence may also be instailed to prohibit access to the trail. Design and exact location of the trail, sign, and fence shall require the Planning Department’s approval. 17. Prior to recordation of the final map, the project applicant or their successor in interest shall guarantee the provision of their proportional share of the city’s total obligation for very low, low and moderate income housing units as specified in the approved Aviara Master Plan Agreement for Inclusionary Housing in place at the time of Enal map recordation. Eneineerine Conditions: 18. Unless a standards variance has been issued, no variance from City Standards is author&d by virtue of approval of this tentative map. PC RESO NO. 3740 \b -5 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 19. 20. 21. 22. 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 occupancy of the Slst unit within either the east or west portion of Planning Area 7, secondary access shall be provided to the project to the satisfaction of the City Engineer. The design of all private streets and drainage systems shall be approved by the City Engineer prior to approval of the final map for this project. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City, and the standard improvement plan check and inspection fees shall be paid prior to approval of the final map for this project. The improvements required for each phase shall be as foiiowsz Phase 5 Imnrovements t All streets within Phase 5, in accordance with City Standards. Sewer main facilities to serve the entire subdivision. c, Storm drain facilities, to the satisfaction of the City Engineer. Phase 6 Imwovement t Ail streets within Phase 6, in accordance with City Standards. Storm drain facilities, to the satisfaction of the City Engineer. Phase 7 Imnrovements : All streets with Phases 7, in accordance with City Standards. Storm drain facilities, to the satisfaction of the City Engineer. A copy of ail of the above improvement conditions 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. Water District: 23. The entire potable and reclaimed water system and sewer system shall be evaluated in detail to ensure that adequate capacity, pressure and flow demands are met. 24. The developer will be responsible for all fees and deposits plus the major facility charge which will be collected at time of issuance of building permit. The San Diego County Water Authority capacity charge will be collected at issuance of application for meter installation. \\ pCRESONO.3740 -6- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 25. Sequentially, the developer’s engineer shall do the following: A. Meet with the City Fire Marshal and establish the fire protection requirements. B. Prepare the colored reclaimed water use area map and submit to the Planning Department for processing and approval. C. Schedule a meeting with the District Engineer for review, comment and approval of the preliminary system layout usage (G.P.M. - E.D.U.) plan for potable, reclaimed and sewer systems prior to the preparation of improvements plans. 26. 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 is available at the time of application for such water service and will continue to be available until time of occupancy. This note shall be placed on the final map. 27. The developer. shall be required to reprocess/update improvement plans and conditions and process through the water district. Police Denartment: 28. 29. 30. 31. . . . . . . . . . . . . Aisles, passageways, and recesses related to and within the building complex shall be illuminated with an intensity of at least twenty-five one hundredth (2.5) footcandles at the ground level during the hours of darkness. Open parking lots shall contain lighting providing a minimum illumination of 1 footcandle during hours of darkness. Security hardware shall be installed in all windows to prevent them from being removed from their frame or forced open. Outdoor storage containers shall contain steel hardware or dead-bolts depending on style. Any attic space shall be accessible only from individual units. PC FUZSO NO. 3740 -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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the * Planning Commission of the City of Carlsbad, California, held on the 15th day of February, 1995, by the following vote, to wit: AYES: Chairperson Welshons, Commissioners Compas, Erwin, Monroy, Nielsen, Noble and Savary NOES: ABSENT: ABSTAIN: KIM WELSHONS, Chairperson CARLSBAD PLANNING COMMISSION Planning Director PCRESONO.3740 -8- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 . 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3741 A RESOLUTION OF THE P LANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDOMINIUM PERMIT AMENDMENT TO REALIGN SAND ASTER DRIVE, ADD AND RECONFIGURE RECREATIONAL AMEN-lTIESANDGUESTPARKING,REARRANGETHE LOCATION OF SEVERAL DWELLING UNITS, AND ELIMINATE 14 DWELLING UNITS FROM THE PREVIOUSLY APPROVED 145 UNIT CONDOMINIUM PROJECT, ALL WITHIN THE EASTERN PORTION OF AVIARAPLANNIN GAREA7WITHIN PHASE1 OFTHE AVIARA MASTER PLAN, LOCATED AT THE NORTHWEST CORNER OF ALGA ROAD AND AMBROSIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: AVIARAPLANNIN GAREA7 CASE NO: CP 90-02(B) WHEREAS, a verified application for certain property to wit: Lots 92 and 93 of the City of Carlsbad Tract 85-35, Aviara Phase 1 Unit C, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 12411, filed in the office of the County recorder of San Diego County, June 29, 1989. has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for a Condominium Permit Amendment as provided by Chapter 21.45 of the Carlsbad Municipal Code and the Aviara Master Plan; and WHEREAS, the Planning Commission did, on the 15th day of February, 1995, 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 Condominium Permit Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plting Commission as follows: 1-f . 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 - 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 Condominium Permit (CP 90-02(B)), based on the following findings and subject to the following conditions: Findines: 1. The project is consistent with Master Pian 177 since the proposed net density of 4.6 du/acre is within the permitted density of 79 du/acre as specified within Master Plan 177. 2. The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed. 3. The project is consistent with all City public facility policies and ordinances since: a. b. C. d. e. f. The Planning Commission has, by inclusion of an appropriate condition to this project, ensured that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the Planning Commission has added a condition that a note shall be placed on the final map that building permits may not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning commission is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. School fees will be paid to ensure the availability of school facilities in the Carisbad Unified School District. Park-in-lieu fees are required as a condition of approval. All necessary public improvements have been provided or will be required as conditions of approval. The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. Assurances have been given that adequate sewer for the project will be provided by the City of Carlsbad. 4. The proposed project is consistent with the City’s Plamred Development Ordinance and also complies with the Design Guidelines Manual. PC PESO NO. 3741 - 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 5. The project is: (4 Consistent with the deveiopment standards of Aviara Master Plan 177 and the Planned Development Ordinance as ail setback, building separation, building height, parking, street width, recreation, trail and landscape requirements meet or exceed standards. @I In compliance with the Aviara Master Pian design criteria regarding site design, building architecture, open space preservation, landscaping, entry treatments, fencing and trails. Specificaiiy: (1) (2) (3) (4) (9 (6) Ail structures will step down the hillside which provides for adequate separation of units and views of the Aviara Golf Course and Batiquitos Lagoon. The proposed architecturai treatments provide the required relief necessary for interesting elevations. The proposed site plan preserves the Master Plan delineated open space - The proposed landscaping and enhanced pavement treatments at the project entries create a visuaiiy desirable neighborhood. Open wrought iron fences to presetve views will be placed where desired, and solid wails or fences will be placed where privacy is a concern. A secondary pedestrian trail wiii be placed within the SDG&E power line easement. A portion of the Master Plan Community trail will border the western boundary of PA 7. (cl In compliance with required noise mitigation measures as recommended by the “Noise Analysis For Planning Area 7”, prepared by Mestre Greve Associates on June 22,19!% Cd) ‘In conformance with the Meiio I segment of the Locai Coastai Program as implemented through the Aviara Master Plan. Ail areas identified by the California Coastai Commission to be preserved in their natural state will remain preserved. 6. The proposed project is compatible with the surrounding future and existing land uses since surrounding properties are designated for Residential Development (RM/RLWOS) on the General Plan. 7. Based on the “Initial Study” prepared for this project the Planning Director has determined that the project is within the scope of EIR &02(A) and the Mitigated PC REISO NO. 3741 ib -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 Ne@ive Declaration for CT 9O-OWP 90-02, on file in the Planning Department, and there are no additional sign&ant adverse environmental impacts associated with the project. Therefore, no further environmental review of this project is required. 8. 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. 9. 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. 10. The Planning Commission has individually and independently reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the Project, and the extent and the degree of the exaction is in rough proportionality to the impact caused by the project.” Conditions: 1. 2. . . . . . . . . . . . . . . . Approval is granted for CP 90-02(B), as shown on Exhibits “A” - “F”, dated February 15, 1995, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. Ail conditions of Planning Commission Resolution No. 3139, Planning Commission Resolution No. 3140, Planning Commission Resolution No. 3141, City Council Resolution No. 93-71, and City Council Resolution 91-83 are hereby referenced and remain in full force and effect, except as modified below. Approval of CP 90-02(B) is granted subject to approval of CT 90&(B). CP 90-02(B) is approved subject to all conditions of approval of CT 90-05(B), as contained in Planning Commission Resolution No. 3740, incorporated herein by reference and on file in the Planning Department. PC RFSO NO. 3741 . 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 - PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 15th day of February, 1995, by the following vote, to wit: AYES: Chairperson Welshons, Commissioners Compas, Erwin, Monroy, Nielsen, Noble and Savary NOES: ABSENT: ABSTAIN: CARLSBAD PL&NING COMMISSION ATTEST: MICHAEL J. ~LZMYILLER Planning Director PC RESO NO. 3741 -5- APPLICATION CC .,.A LE-i-E DATE: EXm 4 NOVEMBER 21. 1994 STAFF PLANNER: DAVID RICK STAFF ENGINEER: KEN QUON STAFF REPORT 0 1 DATE: FEBRUARY 15, 1995 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT’ SUBJECT: CT 90-05tBYCP 90-02(B) - AVURA PLANNING AREA 7 - Request for a Tentative Tract Map Amendment and Condominium Permit Amendment to realign Sand Aster Drive, add and reconfigure recreational amenities and guest parking, rearrange the location of several dwelling units, and eliminate 14 dwelling units from the previously approved 145 unit Condominium Project, all within the eastern portion of Aviara Planning Area 7 within Phase I of the Aviara Master Plan, located at the northwest comer of Alga Road and Ambrosia Lane in Local Facilities Management Zone 19. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution Nos. 3740 and 3741, RECOMMENDING APPROVAL of CT 90-05(B) and CP 90-02(B), based upon the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND Planning Area 7 (PA 7) is 27.2 acres and located within Phase I of the Aviara Master Plan. The site is divided into a west neighborhood (Unit 1 of the Final Map) and east neighborhood (Unit 2) by a 150 foot wide SDG&E power line easement. The easement crosses through the center of PA 7 in a northwest to southeast direction. The proposed amended project site is within the east neighborhood and encompasses 7.33 acres of PA 7. No modifications are proposed to the west neighborhood’s site design. A final map has been issued for the west neighborhood, and construction is currently in process. Since approvals are secured for the west neighborhood, review of the proposed site design is limited to the east neighborhood, for which a separate final map will also be processed. The proposed site design of the east neighborhood was analyzed, however, in relation to the rest of PA 7 since both neighborhoods were originally approved as one integrated project under Cl’ 90-05 and CP 90-02. All of PA 7 has been graded per the approved grading plan which consists of 33,000 cubic yards of cut and fill. This amounts to approximately 1,092 cubic yards of grading per acre. m 90-05(B)/CP 90-02(B) AVIARAP LANNINGAREA7 FEBRUARY 15,199s PAGE 2 The grading plan can accommodate minor changes in pad elevation and street relocation as part of this amendment. PA 7 is surrounded by future single-family residential (PA 17) to the north, an existing single-family community in Planning Area 8 and future multi-family community in Planning Area 5 to the south, Aviara Oaks Elementary School to the east and the Aviara Golf Course to the west. According to Chapter 21.45.020 of the Zoning Ordinance, applications for a planned development permit may include several types of projects such as planned unit developments (PUDs), condominium projects, stock cooperatives, community apartments, or a combination thereof. Revisions to these types of projects are processed through amendments to the PUD permit. All four types of projects are processed in the same manner and subject to the same PUD regulations. However, to distinguish these types of projects from one another, each is given a separate permit name. This is the case for PA 7, for which a condominium permit amendment is being processed for changes to a condominium project. Currentiv Annroved Proiect On March 19, 1991, the City Council approved CT 90-05/CP 90-02 for a 145 unit condominium project within PA 7 (City Council Resolution No. 91-83). A one year extension to this project was approved by the City Council on April 20, 1993 (City Council Resolution No. 93-71). On September 13, 1993, a two year extension was granted to all unexpired tentative tract maps by action of State Law SB 428. This law established the current tentative tract map expiration date at March 19, 1996. On March 22, 1994, Western National Homes, the property owner at that time, applied for an amendment to the tentative map and condominium permit to make changes in the eastern neighborhood. This item was scheduled to be heard by the Planning Commission on July 20, 1994. At the hearing, the applicant requested, and was granted, a continuance of the item to a date uncertain. Western National Homes eventually sold the property to Barratt American Incorporated and subsequently withdrew their application on September 7, 1994. Barratt American Inc., submitted an application for this current amendment proposal on September 29, 1994. Under the currently approved project, 78 of the 145 units are to be located within the west neighborhood and 67 within the east neighborhood. On April 27, 1994, the Planning Director approved a minor amendment to the elevations and floor plans for all of Planning Area 7. The dwelling units were reduced in size and the style changed from an Italian Classical to an Early California Mediterranean. The units consist of four floor plans ranging in size from 1,213 to 1,707 square feet. Three of the four plans are two stories, one of which contains a one story element. The other unit is one story. These units will be arranged as duplex, triplex, and fourplex buildings as were the previous design. The unit heights will range from 17 feet 6 inches to 25 feet, measured to the roof peak. All of the units will have two car garages. (3’ 90-05(B)/CP 90-02(B) AVIARAP LANNINGAREA7 FEBRUARY 15, 1995 PAGE 3 The project was also approved with 58 guest parking spaces (29 within the west neighborhood and 29 within the east neighborhood). Twenty-three of these spaces are to be provided as parallel parking on the east side of Sand Aster Drive. A minimum of 39 guest spaces is required. The west and east neighborhood were approved with separate, common, active recreational facilities which included a pool, spa and cabana with restroom in the west neighborhood and pool and restroom in the east neighborhood. Thirty-four hundred square feet of common passive recreation area (open area with benches) was planned at the northwest comer of Alga Road and the project entry to take advantage of lagoon views. A site visit by staff confirmed, however, that no views of the lagoon existed here so a minor amendment was processed to relocate the passive recreation area. The area would relocate to two areas. To obtain views of the lagoon, a bench would be added between the SDG&E Easement and the units fronting Plover Court in the east neighborhood. The other site would be located in the west neighborhood at the northern terminus of Adolphia Street adjacent to the trail/utility access road. This site will provide optimum views of the golf course. Project approval also consisted of a community trail and par course within the SDG&E easement and a portion of the Master Plan Community Trail located along the west side of the western boundary of Planning Area 7. The pedestrian trail within the easement links the east with the west neighborhood. The trail connects with Plover Court in the east neighborhood and with Baccharis Avenue and Adolphia Street in the west neighborhood. Private rear yards with minimum dimensions of 15 feet x 15 feet were approved for each unit. As required per the Master Plan and California Coastal Commission, several on-site natural resources have been deed-restricted as preserved open space. These areas include Coastal Sage Scrub at the northern portion of the planning area, eucalyptus groves along the western boundary, and a cluster of oak trees near the center of the site. All of these areas are located outside the boundaries of the amendment site. Proiect Amendment The proposed Tentative Tract Map Amendment and Condominium Permit Amendment would make the following modifications to the previously approved project. A. Align a portion of Sand Aster Drive approximately 50 feet west of its currently approved position. B. Eliminate 21 units west of Sand Aster Drive and add 7 units east of Sand Aster Drive, resulting in an overall reduction of 14 units. C. Relocate and increase the amount of common recreational facilities. - CI’ 9@05(B)/CP 90-02(B) AVIARAP LANIVINGAREA7 FEBRUARY 15,1995 PAGE 4 D. Add and alter the location of guest parking. The main objective of this proposed amendment is to establish a greater distance between the dwelling units and the power lines west of the amendment site. By doing so, the applicant is addressing a recent increase in home buyer concerns regarding the impacts electro-magnetic fields (EMFs) from power lines may have on human health. According to the City General Plan, no “safe” level of EMF exposure has been established yet by federal or state agencies and “until comprehensive land use procedures are developed and required by such an agency, the City does not propose to adopt any land use regulations for EMFs.” Although the City has no standards which would aid the applicant in creating a “safe” distance between the units and power lines, the City does support the applicant’s proposed site design. The proposed design would achieve the applicant’s primary objective as well as establish additional open space, recreation facilities, guest parking, and increased setbacks. The following discussion describes each aspect of the applicant’s proposal. Realign Sand Aster DrivelEliminate and Relocate Units The proposal consists of shifting a portion of Sand Aster Drive 50 to 60 feet west of its current position. The realignment would extend from a point just north of Ceanothus Court to the street’s southern terminus into Plover Court. As a result of this realignment, Ceanothus, Harrier, Chamisal, and Plover Court would lengthen and additional space would be created between Sand Aster Drive and the units fronting these streets. Within this space a total of 7 units would be added. The 21 units between Sand Aster Drive and the SDG&E easement would be eliminated. Overall, the proposed amendment would eliminate a total of 14 units. In addition, buildings three, four, and five on Lot 16 would shift slightly south in order to provide room for a guest parking bay at the northern terminus of Sand Aster Drive. Eliminating 14 units in the east neighborhood would create an overall density of 4.8 du/acre for PA 7, which is below the site’s maximum permitted density of 7.9 du/acre and below the previously approved density of 5.3 du/acre. Insignificant changes in pad elevations would be required as a result of the redesign. Recreation FacUit2.s All of the proposed recreation areas would be placed between Sand Aster Drive and the SDG&E easement and south of Sand Aster Drive next to Building 18. The common pool/restroom facility, which is currently approved to be located on the west side of Sand Aster Drive and approximately 120 feet north of Plover Court, would be relocated further north near Ceanothus Court. A spa and shade trellis would be added to this facility. A sand volleyball court and open play field would be added south of the pool facility. A winding sidewalk would extend south of this facility and connect with the trail/emergency access road between Plover Court and Baccharis Avenue. A par course would be added to . - CT 9@05(B)/CP 90-02(B) AVIARAP LANNINGAREA7 FEBRUARY 15,1995 PAGE 5 this sidewalk to replace the par course within the SDG&E Easement. Recent SDG&E policy does not permit facilities such as par courses within its easement. A bench would be added at the southern end of Sand Aster Drive to take advantage of the views of Batiquitos Lagoon. The sound attenuation wall to be placed in front of the bench will be partially constructed of plate glass or plexiglass so as not to disrupt the lagoon views. Guest Parking Changes to the location of guest parking are also being proposed. Changes include: 4 Eliminating several on-street spaces on the east side of Sand Aster Drive. The spaces nearest street intersections would be eliminated to improve motorist visibility of oncoming traffic; 4 Adding additional off-street parking spaces at the northern terminus of Sand Aster Drive and on Ceanothus, Harrier, Chamisal, and Plover Court. These spaces were arranged to comply with the City’s administrative policy for driveways, which in this particular case requires that at least one guest parking space serve every four units and that such space shall be no farther than 100 feet from the units it intends to serve. + Adding three off-street parking spaces next to the pool area. Overall proposed changes to CT 90-05 and CP 90-02 are summarized in Table 1 below. Table 1 IT LOCATION Add 7 units east of Sand Aster Drive several buildings to Add volleyball court, spa/shade trellis to pool area, and open field. Add par -. C-I’ 9045(B)/CP 90-02(B, AVIAR4P LANNINGAREA7 FEBRUARY 15,1995 PAGE 6 ll BLDG ELEVATIONS FLOOR PLANS WEST NEICl3BOREIOOD EAST NEIGEBORHOOD PROJECI’ WIDE Number of phases reduced from 10 to 8. Basically, west built tirst, east second. Revised plans already approved by Planning Director SDG&E EASEMENT Remove par course from trail (Relocated to east neighborhood.) PRESERVED OPEN SPACE No change GRADING No significant change 1 III. ANALYSIS Planning Issues 1. Is the proposed amended project in compliance with the Aviara Master Plan development standards and the Planned Development Ordinance (Chapter 21.45 of the Zoning Ordinance)? 2. Is the proposed amendment consistent with the Master Plan’s design criteria? 3. Is the proposed amendment consistent with the Local Facilities Management Zone 19 Plan? 4. Is the proposed amendment in compliance with the Mello I Local Coastal Program? 5. Will the proposed amendment affect features of the project previously designed to mitigate noise impacts from Alga Road? 6. Will the proposed amendment comply with inclusionary housing requirements? DISCUSSION PROJECT COMPLIANCE WITH THE AVTARA MASTER PLAN DEVELOPMENT STANDARDS The proposed project is in compliance with the Planning Area specific development standards of the Aviara Master Plan and the development standards of the Planned Development Ordinance. A summary of these standards is provided in Table 2 below: . CT 90-OS(B)/CP 90-02(B) AVIARAP LaANNINGAREA7 FEBRUARY 15,1995 PAGE 7 Table 2. Reauired and Pronosed Standards for Amended Site BUILDING SEPARATION min. 15 ft. ALGA ROAD SEX-BACK AMBROSIA LANE SEI’BACK SDG&E EASEMENT SETBACK BUILDING HEIGHT GARAGE SIZE REQUIRED min. 50 ft. min. 25 ft. min. 30 ft. max. 35 ft. min. 400 sq. Et. Recreational vehicle storage is provided by the RV storage lot in Planning Area 23. As previously discussed, the amount of common recreational facilities would increase. A comparison between the amount of proposed recreation facilities and the amount required and previously approved is provided in Table 3 (since the amount of required recreational area is based on the total number of units within PA 7, the amount of recreational area was analyzed for all of PA 7). Table 3. Total Area of Rewired. Currentlv ADDroved. and ProDosed Recreation Amenities in PA 7. RECREATION TYPE I Required (sq. ft.) I Currently Approved (sq. ft.) I Proposed (sq. ft.) COMMON ACTIVE 13,100 l * 11,683 + par course 13,100 + par COWS 24,300 PRIVATE PASSIVE* min. 32,625 I min. 29,475 . . . AUprince~ivepruruewithiatbcrcprprdroleachunit. 50% of rcacdml facilities must be common active. l’l~ remain& 5096 may be oxnbiicd private passive and oxnmoo pa\rive. The project also proposes to reconfigure the guest parking by eliminating 6 on-street parallel spaces and adding 10 off-street bay spaces. These changes would establish 33 guest parking spaces in the east neighborhood and, as previously approved, the west neighborhood will provide 29 guest parking stalls for a project-wide total of 62 guest parking spaces. The required number of guest parking spaces for all of PA 7 is 36. The proposed project would therefore provide 26 additional parking stalls above that which is required. As shown in Table 4 below, the total number of 1. 2. 3. 4. 5. 6. 7. . - CI’ 9045(B)/CP 9042(B) AVIARAP LANNINGAREA7 FEBRUARY 15.1995 PAGE 8 proposed guest parking spaces increased despite the decrease in parking demand due to the 14 eliminated units. Table 4. Rewired and Droposed number of Darkinn sDaces for aDDroved and DroDosed Droiect for PA 7. MASTER PLAN DESIGN CRITERIA Like the previous project, the proposed project complies with the Aviara Master Plan design criteria regarding site design, building architecture, open space preservation, landscaping, entry treatments, fencing, trails and noise mitigation. Specifically: All structures would step down the hillside which provides for adequate separation of units and views of the Aviara Golf Course and Batiquitos Lagoon. The project’s architectural treatments provide the required relief necessary for interesting elevations. All required open space for PA 7 is located outside the amendment site and therefore preservation through this amendment is irrelevant. The proposed landscaping and enhanced pavement treatments at the project entry (Cormorant Avenue) create a visually desirable neighborhood. Gpen wrought iron fences would be placed where preservation of views is desired, and solid walls or fences would be placed where privacy is a concern. A trail/sidewalk within the amendment site would connect with a secondary pedestrian trail within the SDG&E power line easement and a portion of the Master Plan Community trail will border the western boundary of PA 7. Noise impacts due to Alga Road traffic would be mitigated by a sound attenuation wall and berm as ivell as mechanical ventilation incorporated in those units subjected to noise impacts. Portions of the wall would be solid and colored to complement other walls and buildings in the vicinity. Plexiglass or plate glass would be used where rear yards have views. Mechanical ventilation would be incorporated into units closest to Alga Road and would be of sound attenuation construction. Please refer to Noise Policy on page 9 for more details. CI’ 90-05(B)/CP 9@02(B, AVIARAP LANNINGAREA7 FEBRUARY 15, 1995 PAGE 9 GROWTH MANAGEMENT ORDINANCE The project is located in Local Facilities Management Zone 19 in the southwest quadrant. The previously approved project for PA 7 totaled 145 dwelling units. According to the staff report prepared for the previously approved project on November 7, 1990, the project was 95 dwelling units below that allowed by the Zone 19 LFMP. With the reduction of an additional 14 dwelling units in the east neighborhood, PA 7 is now proposed to be 109 dwelling units below that which is allowed by the Zone 19 LFMP. As conditioned, all public utilities and service would be available to serve the project concurrent with need. MELLO I LOCAL COASTAL PROGRAM Since the project is located within the Coastal Zone the proposed amendment is subject to approval from the California Coastal Commission. As proposed, this project is consistent with all policies of the Mello I Local Coastal Program as implemented through the Aviara Master Plan. Specifically, all portions of the PA 7 which were placed under open space deed restriction by the California Coastal Commission will continue to be preserved in open space. NOISE POLICY Noise impacts and compliance with the City of Carlsbad’s Noise Policy were addressed by a noise study prepared for the previous project on this site. Noise mitigation includes constructing a combination of a 5.5 to 8.5 foot high solid noise attenuation wall and berm along Alga Road and incorporating mechanical ventilation into those units closest to Alga Road. Because the City’s indoor noise standard of 45 CNEL can be satisfied only when the windows facing Alga Road are closed, mechanical ventilation is required in order to provide an alternate means of fresh air to the units. Since the proposed Amendment would not modify the previously approved grading or the location of units subject to noise mitigation, the noise mitigation required for the previously approved project would remain the same. Two units which were subject to noise mitigation would be, however, removed as building 18 would be converted from a fourplex to a duplex. INCLUSIONARY HOUSING Development of all planning areas in Aviara are subject to the “Aviara Master Plan Agreement for Inclusionary Housing”, adopted by the City Council on September 1, 1992 by Resolution No. 92-276. The agreement between the City and Aviara Land Associates Limited Partnership states that Aviara Land Associates will satisfy the 15% inclusionary housing requirement for all market rate units within the Aviara Master Plan by constructing a minimum of 160 lower income housing units prior to September 1, 1995. CT 9@05(B)/CP 90-02(B) AVIARAP LANNINGAREA7 FEBRUARY 15,1!995 PAGE 10 Aviara Land Associates intends to satisfy this requirement by developing a 344 unit off-site affordable housing development (SDP 93-06/HDP 93-OB/SUP 93-02/Z 93-02 - The Villas”). The project is currently under construction. Iv. ENVIRONMENTAL REVIEW On August 30,1990, the Planning Director determined that the previously approved project would not have a significant impact on the environment and therefore issued a Mitigated Negative Declaration which was approved by City Council Resolution No. 91-83 on March 19, 1991. The environmental analysis identified that the project would not create any significant environmental impacts because: (1) the project site had already been reviewed with the Aviara Master Plan EIR 83-02(A); (2) the site had been previously rough-graded; and (3) the project would not encroach into the deed restricted Coastal Sage Scrub and oak grove located within PA 7. However, mitigation measures (i.e. sound attenuation wall/berm and mechanical ventilation as described in the acoustical analysis for PA 7) for traffic noise impacts from Alga Road were required to be incorporated into the project design prior to the occupancy of any project dwelling units. There was one letter of comment received during the public review for the Mitigated Negative Declaration of the previously approved project. The Planning Department staff provided a response to the comment. An Environmental Impact Assessment completed by staff for the proposed amendment concluded that 1) since environmental review was previously conducted (Aviara Master Plan EIR 83-02(A) and the project Mitigated Negative Declaration); 2) mitigation measures will still be incorporated; and 3) the proposed project will have less environmental impacts than the previously approved project, environmental review for this project has been satisfied under Prior Compliance per Section 19.04.160 of the Carlsbad Municipal Code. V. SUMMARY Because the proposed amendment meets, and in many respects exceeds City requirements, and because the proposed project is still consistent with the Mello I Segment of the Local Coastal Plan and Local Facilities Management Zone 19 of the City’s Growth Management Plan, staff recommends that the Planning Commission recommend approval of CT 90- OS(B)/CP 90-02(B). CT 90-05(B)/CP 90-02(B) AVIARAP LANNINGAREA7 FEBRUARY 15,1995 PAGE 11 A-ITACHMENTS 1. 2. 3. 4. 5. 6. 7. 8. 9. Planning Commission Resolution No. 3740 Planning Commission Resolution No. 3741 Location Map Background Data Sheet Disclosure Statement Chart comparing approved and proposed project in PA 7 Reduced copy of site plan, building elevations, and floor plans All proviously approved CP 90-05KP 90-02 Resolutions: it: City Council Resolution No. 93-71 City Council Resolution No. 91-83 C. Planning Commission Resolution No. 3141 d. Planning Commission Resolution No. 3140 e. Planning Commission Resolution No. 3139 Exhibits “A” - “F”, dated February 15, 1995. DR& JANUARY 5.195B ARPORT l City of Cwl8M I 1 I AVIARA PLANNING AREA 7 I CT 90-05(B)/ CP 90=02(B) 3o I - BACKGROUND DATA SIZE.1 CASE NO: XBYCP 90-02(B) CASE NAME: Aviara Planning Area 7 APPLICANT: Banrltt America Incoruorated REQUEST AND LOCATION: Realinn Sand Aster Drive. add and reconfkure recreational amenities and nuest oarkinn. rearrange the location of several dwelling units. and eliminate 14 dwellinn units all within the easterlv Dortion of Aviara Planning 7 of the Aviara Master Plan LEGAL DESCRIPTION: A Dortion of Lot 93 of Carl&ad Tract 85-35. Aviara Phase 1. Unit C. in the City of Carl&ad. County of San Dieno. State of California. accordine to the MOD thereof No. 124 11. Aled in the Office of the County Recorder of San Dieno County. June 29, 1989. APN: 215-612-07 Proposed No. of Lots/Units 53 units (Assessofs Parcel Number) GENERAL PLAN AND ZONING Land Use Designation RM (Residential Mediums Density Allowed 7.9 Density Proposed 7.3 dufac Existing Zone PC Proposed Zone PC Surrounding Zoning and Land Use: (See attached for information on Carl&ad’s Zoning Requirements) Zoninn Site PC North PC RLM south PC RLM & OS East, PC E west PC OS (SDG&E Easement) PUBLIC FACILITIES School District Carl&ad Water District Carl&ad Sewer District Carl&ad Equivalent Dwelling Units (Sewer Capacity) 53 Public Facilities Fee Agreement, dated May 23. 1994 ONMENTAL IMPACT ASSESSMENT - Negative Declaration, issued - Cetied Environmental Impact Report, dated Other, Prior ComDliance dated Januarv 10.1995 - 2’ DISCLOSURE STATEMENT ~-LICAM’S StnrFcrEM =F XCLOSU~~ of CEmAIN OWNERSHIP IWERESTS ON AU APmCATIONS WHICH WILL a~~ulnt 2iSCRETlONAFIY ACTION CN :HE ?Am OF mE CffV COC;NCL OA ANY rpeOIm MARO, COMM(SSION OR CCMMflEE, , ,P/ease Pnnr) r - -I.- 3 4 '.a.LDL. 5 de4 The followlng information must be dirctosed: SEP2 9 1994 1. Ao~licant CmY OF CARLSF,A~ PLm!!w~G &p-r. List the names and addresses of all persons having a financial interest in the application. BAREUTT AMERICAN INCORPORATED 2035 CORTE DE1 NOGAL, # 160 CARLSBAD, CA.. 92009 2. 3. 4. Owner List the names and addresses of all persons having any ownefship interest in the property involved. SAME AS ABOVE If any person identified pursuant to (1) or (2) above ia 8 corporation or putnership, list the names ar: addresses of all individuals owning more than 1096 of the shuee in the corporation or owning any partners!? interest in the partnership. N/A If any person im pufswnt to (1) of (2j above ie a non- orgWz8tion 018 trust, list the names ar addresses of any person son&g aa oMcer or director ot the non-profft orgHz8tM or aa trustee or beneficla of the trust. N/A 2075 Lo8 Palmu Orivo l Carlabad. Cailforoir 92OOQd8S9 - (619) 438-t 161 . Disclosuto Statwnwlt - . - !Owef) Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff. 3carzr Commlsslons, Committees and Council within the past twelve months? Yes - No & If yes, please indicate person(s) N!A Por¶on II dofinod u: ‘Any tndwlduak firm. eo~utn~~k~p. ~o~~vonturr. ~NOCI@J@% soed dub. frat@rtW orgu~tion. corporation. matr vur. , WOIVO~. syndmto. tlw and any omof county, cy and county. cny munbCtWcty. Oirmct or ottw polnCU s&divwon. of any ornor groa or I comouwon l ctrng u a unn 1 (N;c “,. Attach additional pages as nec8sZHq.) ~-i3&$4~u~ \* !, Signature of Owner/date DAVID A. JACINTO, VICE PRESIDENT SAME AS OWNER Print or typa narno of owner SAME AS OWNER Signature d applicanudate FFpmo13 8/90 - 62 aa uv- Kz: a- a$ pen sg >> a$ 7 i ‘4 I ~ * . ,/- _/ ----- __ A-’ T3n- ; -’ I I .---y -: ._ - -- ~_ P?@ ,f\,” -p ~~~~~p ’ .,.,, &Q ,’ CH’ I $-&q .N Iif .I* I -a +I= 4 * E . f . f 3 n t E 4 5 8 6 f f ii L i L lb, +??I i kji ) * ‘r ,Y e3 . ii t . f i 0 I i w I /‘!I/ I I;!ll 51 I I I I I I lul!lil II /I i b E 3 a P < 5 ii ii? - - 4 U t,i(l 1 i i i /+f) i#!Q f j 1 nill, i,l;ll it I I Ii El II 1. Br i i if 1 JJ 11 Ii t g; !y/ 11 i I 1 t i I ‘$ J ! I 1 I : 4 I _ ” . . . . . . . . ..o.r..c*>l.OR , - , i s E 2 9 a P < ii a : ! : *C. -%I i !.I. 1 * : * i I : ” r III/’ ” % iii / I 1 ‘1 i I Ii! ’ illilllllll I d411iIIIiI I * t - .r* 2-l I I’ I$” ,. z r ? .*.. GE3 .C. I ,.I, a ‘jj&,, ,fi ,iir, ,j ;I i ,,a 4 h7-j ++-+ ! q C,. !A,, 1 / L .e. 1 *.lr . a-. ‘a-.‘.-. Pat hL t a-a ! .PO + .v-2. . .rr 1 . . . . .a-* T.C. .N I 1 . . . . 1 ’ .I t 11 21 /( :, , ..-- ijd I .,,, :-’ 1 / f j 1 I I’ j/ii i’! !i!i 131. 1 I II *a Pc. e4 H r*-il.1 T-h-i I I -1 P-t I 1 i I . “j t - i +Zi 1 I. - - I - .,,a T LiA *Fl~-d i ;CI I L . - ’ .-i-.-. I-- 7 *I ,twl- I .- I P. f I I 'T-r_ -- -___ J I ,_ I ti I :I ‘~ii;i$~,, ,jfj . !,,I 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 - EX- 5 RESOLUTION NO. 93-71 A RESOLUTION OF THE CRY COUNCIL OF THE CITY OF CARLSSAD, CAUFORNlA APPROVING AN EXTENSION OF TIME FOR TENTATlVE MAP NO. CT 9W!YAVIARA PLANNING AREA 7 WHEREAS, the City Council of the City of Carlsbad on, March 19, 1991, adopted Resolution No. 91-83 approving with conditions Tentative Map No. CT 90-05; and WHEREAS, Tentative Map No. CT 90-05 would have expired as of March 19, 1993; and WHEREAS, the applicant is diligently pursuing those acts required to obtain a final map: and WHEREAS, the project can be found to be in conformance with the General Plan, current City ordinances and current City policies with the imposition of additional conditions; and WHEREAS, the applicant has consented to the imposition of such conditions and has agreed to comply with them; and WHEREAS, both the applicant and the City wish to extend the map subject to and relying upon the additional conditions. NOW, THEREFOAE BE IT RESOLVED by the City Council of the City of Carlsbad, - California as follows: 1. That the above recitations are true and correct. 2 That with addltlonal conditions contained herein the design and improvements of the subdivisIon are consistent with the General Plan, Ties 20 and 21 of the City of Carisbad Municipal Code, and any public facility or development policies In existence at this time. 3. That TentaWe Map No. CT %I-05 is hereby extended for one year until March 19, 1994, subject to all of the conditions contained in Council Resolution No. 91-83 adopted on March 19,1991 and the following additional conditions: / e ~ A. 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 EXHIBIT 2 - , - 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 l6 17 18 19 20 21 22 23 24 25 26 27 28 B. C. 0. E. F. h. I 9 apprOVd Of the City, the Ptanrling COrTNTdSSiOn or City Engineer which has been brought against the City within the time period provided by Section 66499.37 of the Subdivision Map Act. The applicant shall comply with the requirements of the National Pollutant Discharge Elimination Systems (NPDES) permit. The applicant shall provide best management practices to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be approved by the City Engineer prior to approval of the final map, issuance of grading or building permit, whichever occurs flrst. The applicant shall pay the current local drainage area fee prior to approval of the final map for this project or shall construct drainage systems in conformance with Master Drainage Plan and City of Carlsbad Standards as required by the City Engineer. Prior to final map approval the applicant shall pay all current fees and deposits required. Prior to recordation of the final map, the project applicant or their successor in interest shall guarantee the provision of their proportional share of the city’s total obligatton for very low, low and moderate income housing units as specified in the approved Aviara Master Plan Agreement for lnclusionary Housing in place at the time of final map recordation. The following statements shall be included in the CC&R’s: i. il. Ill. iv. V. NO structure, fence, wall, 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 final map. The underlaying property owner shall maintain this condition. 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. The homeowner’s assoclatlon shall coordinate the use of the City’s established program to assit residents with the removal and proper disposal of toxic and hazardous waste products. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives and other such fluids shall not be disoharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, funglcldes, herbicides, insecticides, fertilirers and other such chemical treatments shall meet federal, state, county and city requirements as prescribed in their respective containers. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. Q . . . : , \ 4 r . f I ( I 5 l( 11 1: 1: 14 1: 1E l'i II 19 2c 21 22 23 24 25 26 27 28 G. Prior to any construction that includes clearing, grading or excavation that results in soil disturbance of five acres or more, the property owner shall file a Notice of Intention (NOI) with the California State Water Quality Control Board (CSWQCB) and pay the appropriate fee for a storm water permit. 4. That the Agreement for Waiver of Prohibition Against the Imposition of Conditions upon the Approval of an Extension of a Tentative Subdivision Map between SBS Realty Inc. and the City of Carlsbad signed by the SBS Realty Inc. on March 11; 1993 on file in the office of the City Engineer is approved, and the Mayor is authorized to execute said agreement on behalf of the City. 5. That this extension is approved in reliance upon said agreement. Any legal challenge to or failure to perform said agreement or the conditions of this resolution shall render this approval void and the map shall not ba final. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 70th day of APRIL , 1993 by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin NOES: None ABSENT: Council ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 4 1 RESOLUTION NO. 91-87 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A MITIGATED 3 NEGATIVE DECLARATION, TENTATIVE SUBDIVISION MAP (CT 90-5), AND CONDOMINIUM PERMIT (CP 90- 4 2) FOR A 145 LOT CONDOMINIUM PROJECT ON 27.2 ACRES OF LP.ND GENERALLY LOCATED AT THE 5 '1 NORTHWEST CORNER OF THE INTERSECTION OF ALGA ,t ROAD AND AMBROSIA LANE. 6 APPLICANT: AVIARA PLANING AREA 7 CASE NO : CT 90-5/CP 90-2 7 Ii WHEREAS, on January 16, 8 I' 1991 the Carlsbad Planning ! Commission held a duly noticed public hearing to consider a g/i P ro P osed Mitigated Negative Declaration, Tentative Subdivision Map I lo 1' CT 90-5, Condominium Permit CP 90-2 for a 145 lot condominium j 11 ‘, #I project and adopted Resolutions Nos. 3139, 3140 and 3141 : 12 / respectively, recommending to the City Council that the Mitigated 1 13 :, ,, Negative Declaration, Tentative Subdivision Map CT 90-5, and I 14 !I 1' Condominium Permit CP 90-2 be approved: and 15 ;i I 16 :: WHEREAS, the City Council of the City of Carlsbad, on ! , March 5, 1991 held a pub';ic hearing to consider the recommendations 17 ,! and heard all persons interested in or opposed to CT 90-5/CP 90-2: 19 WHEREAS, a Mitigated Negative Declaration was issued on 20 August 30, 1990 and submitted to the State Clearinghouse for a 30 21 day review period. All comments received from that review period / 22 are fully incorporated into the conditions of approval for tke 23 ,I tentative map *nd other project approvals. These conditions will : 24 be reviewed through a monitoring program set up for the project. 25 I NOW, THEREFORE, BE IT RESOLVED by the City Council of the City , 26 I of Carlsbad, California, as follows: 27, 1. 28 ” That the above recitations are true and cdrrect. 2. That the mitigated negative declaration on the above EXHIBIT 4 1 2 3 4 4 - I 6 :’ 7 ;, 8 II 9 10 /’ 11 .: 12 13 i' 14 II 15 I: 16 17 18 19 20 21 22 23 24 25 26 27 28 a - \ --h referenced project is approved and that the findings and conditic?s of the Planning Commission contained in Resolution pie. 3134 mar;:e5 Exhibit A attached hereto are the findings and conditions of t?.e City Council. 3. That the tentative subdivision map of this project (CT 90-5) is approved and that the findings and conditions of the Planning Commission contained in Resolution No. 3140 marked Exhibit B and attached hereto are the findings and conditions of the City Council with the exception of condition number 19 which is amended by the addition of: "The City council may approve an alternative landscape plan with the final map when the water regulations applicable at that time prevent implementation of the approved plans. The applicant shall provide a secured agreement with the alternate plan to install the 1andSCaFing required by the approved plan when the City Council determines water is available." 4. That the condominium permit CT 90-2 is approved and that the findings and conditions of the Planning Commission ' contained in Resolution No. 3141 marked Exhibit C and attached hereto are the findings and conditions of the City Council. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 19th day of March 1991, by the following vote, to wit: AYES: Council Members Lewis, Kulctlin, Larson, Nygaard and St:intan NOES: None ABSENT: tionc ATTEST: T- . / 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 1E 17 18 19 20 21 22 25 24 25 26 27 28 J PLANNING COMMISSION RESOLUTION NO. 3141 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A CONDOMINIUM PERMIT TO DEVELOP A 145 DWELLING UNIT CONDOMINIUM PROJECI- ON PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF ALGA ROAD AND AMBROSIA LANE. CASE NAME: AVIARA - PLANNING AREA 7 CASE NO.: CP 90-2 WHEREAS, a verified application for certain property to wit: Lots 92 and 93 of the City of Carlsbad Tract 85-35, Aviara Phase I, Unit G has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 7th day of November, 1990, and the 16th day of January, 1991, hold a duly noticed public hearing as prescribed by law ro consider said request; and WHEREAS, at said public hearing, upon hearing and considering ail testimony and arguments, if any, of all persons desiring to be heard, said Commission considered ‘all factors relating to the Tentative Tract Map and Condominium Permit. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: I 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 CP 90-2, based on the following kxlings and subject j to the following conditions: . . . . 4’ . . 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 Findings: - \ ‘\ 1. 2. 3. 4. 5. 6. 7. 8. 9. Tk project is consisten& with Master Plan 177 since the proposed net density of 5.3 dWacre is within the permitted density of 7.9 du/acrc as specified within Master Pl2m 177. The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed. The Planning Commission has, by inclusion of an appropriate condition to this project, ensured building permits will not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer setice for this project. The dedication of the 12.4 acre school site at the intersection of Alga Road and Ambrosia Lane is acceptable as mitigation of the impact to existing Car&ad uxlified school District school facilities. The dedication of a 24.25 acre park site at the nor&hem terminus of Ambrosia Lane satisfies park fee feql,lkments. All necessary public improvements have been provided or will be required as conditions of approval. The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Perfoknance of that contract and payment of the fee will enable this body to End that public facilities will be available concurrent with need as required by the General Plan. The pro@sed project is consistent with the Cit+ Planned Development Ordinance and also complies with the Design Guidelines Manual. As discus& in the staE repo& the project is: (1) consistent with the development stadds of the AviaIa Mast- Plaln 177 and the PIann Development ordhanw (2) in conformance with the De&& Criteria of Master Plan 177; (3) in coznplikce with the city’s Noise Policy No. 17 as conditioned; and (4) is in confoxmance with the Mello I Lsocal Coastal Rogxam PC PESO NO. 3141 -2- !Y 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 b I I I I I I I 1 / II ! ii II /) 0 I: (j I I 10. 11. 12. 13. - ? ‘t The proposed project is compatible with the surrounding future and existing land uses since surrounding properties are designated for Residential Development (RM/RLM/OS) on the General Plan. This project will not cause any significant environmental impacts and a Mitigated Negative Declaration has been issued by the Planning Director on August 30, 1990, and Recommended for Approval by the Planning Commission on January 16, 1991. In recommending approval of this Mitigated Negative Declaration the Planning Commission has considered the initial study, the staff analysis, all required mitigation measures and any written comments received regarding the significant effects this project could have on the environment. 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 wiU ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project is consistent with the Citys 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. Conditions: 1. AU conditions of approval fix CrT 90-S as contained in Planning Commission Resolution No. 3140 apply to this approval. and are incorporated thmugh this reference. . . . . . . . . . . . . * . . . . . . . . . . . . . . . PC RESO NO. 3141 -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 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 16th day of January, 1991, by the following vote, to wit: AYES: Chairperson Holmes, Commissioners: Schlehuber, Schramm, McFadden and Hall. NOES: ABSENT: ABSTAIN Commissioner Erwin. Commissioner Marcus. ‘. . None. CARLSBAD PLANNING CtiMMISSlON ATTEST: MICHAEL J. HOtiMILLEk PLANNING DIRECTOR PC RESO NO. 3141 4 Ii 1 2 3 4 5 6 7 8 9 10 11 12 i3 14’ 15 16 17 18 19 /i 20 ‘I 21 22 ’ 23 24 25 ! 26 27 28 IXANNING COMMISSION R.ESOLUI’ION NO. 3144 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF ATENTATIVE TRACT MAP TO DEVELOP A 145 DWELLING UNIT CONDOMINIUM PROJECT ON PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF ALGA ROAD AND AMBROSIA LANE. CASE NAME: AVIARA - PLANNING AREA 7 CASE NO.: CT 90-S WHEREAS, a verified application for certain property to wit: Lots 92 and 93 of the City of CarIsbad Tract 85-35, Aviara Phase I, Unit C, has been filed with the City of CarIsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the CarIsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 7th day of November, 1990, and the 16th day of January, 1991, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the above recitations are aue and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of CT 90-5, based on the following findings and subject to the following conditions: l! 2 !I 3 41 5’ 6 7 8. 9 10 11 12 l3 II 14 ;/ 15 /I 18 11 19 i II 2o /; 21 II 22 23 24 25 1; 26 27 ,/ 28 ii I/ !I Findings: 1. 2. 3. 4. 5. 6. 7. 8. 9. The project is consistent with Master Plan 177 since the proposed net &&ty of 5.3 du/aae is within the permitted density of 7.9 du/am as s~edfied ke Master Plan 177. The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed. The Planning Commission has, by inclusion of an appropriate condition to this project, ensured that the final map will not be approved unless the City Council finds that sewer stice is available to serve the project. In addition, the Planning Commission has added a condition that a note shall be placed on the final map that building permits may not be issued for the project unless the City Engineer detetmines 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. The dedication of the 12.4 sue school site at the intersection of Alga Road and Ambrosia Lane is acceptable as mitigation of the impact to existing Carlsbad UIlified school District schooi facilities. The dedication of a 24.25 acre park site at the northern terminus of Ambrosia Lane satisfies park fee requirements. All necessary public improvements have been provided or will be required as conditions of approval. The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. Msurances have been given that adequate sewer for the project will be provided by the City of Carlsbad. Ascliscmdinthestaffreport,theprojectis: (1) consistent with the development stadads of the Aviam Master Phn 177 and the Planned Developmfmt orchmcq (2) in confolmance with the Des@ criteria of Master Plan 177; (3) in compliance with the Cit~+s Noise Policy No. 17 as conditioned; and (4) is in conf -tZWViththeMd0ILOCi3lcoastaRogram. PC RESO NO. 3140 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. The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for Residential Development (RM/R.LM/OS) on the General Plan. This project will not cause any significant environmental impacts and a Mitigated Negative Declaration has been issued by the Planning Director on August 30, 1990, and Recommended for Approval by the Planning Commission on January 16, 1991. In recommending approval of this Mitigated Negative Declaration the Planning Commission has considered the initial study, the staff analysis, all required mitigation measures and any written comments received regarding the significant effects of this project could have on the environment. The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 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. ’ 1. 2. 3. 4. Approval is granted for CT 90-5, as shown on Exhibit “A” - “U”, dated December 4, 1990, incorporated by reference and on fle in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. The developer shall provide the City with a reproducible 24” x 36”, mylar copy of the Tentative Map as approved by the Planning Commission. The Tentative Map shall reflect the conditions of approval by the City. The Map copy shah be submitted to the City Engineer prior to building, grading or improvement plan submittal, whichever occurs first. A 500’ scale map of the subdivision shaI.i be submitted to the Planning Director prior to the recordation of the Enal map. Said map shall show all lots and streets within and adjacent to the project. This project is approved upon the express condition that the final map shah not be approved unless the City Council Ends as of the time of such approval that sewer service is available to seme the subdivision. PC PESO NO. 3140 -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 5. 6. 7. 8. 9. 10. 11. <‘r r: , - I .:\ A This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer detetmines 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. This project is also approved under the express condition that the applicant pay the public facilities fee adopted by the City Council on July 28, 1987 and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carisbad Municipal Code or other ordinance adopted to implement a growth management system or facilities and improvement plan and to fuEU the subdivideis agreement to pay the public facilities fee dated November 2, 1989, and the agreement to pay the Growth Management Fee dated December 4, 1987, copies of which are on file with the City Clerk and are incorporated by this reference. tf the fees are not paid this application will not be consistent with the General Plan and approval for this project shah be void. Water shall be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and the Carlsbad Municipal Water District, dated May 25, 1983. This project shall comply with all conditions and mitigation required by the Zone 19 Local Facilities Management Plan approved by the City Council on December 22, 1987, incorporated herein and on file in the Planning Department and any future amendments to the Plan made prior to the issuance of building permits. If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof, imposed by this approval or imposed by law on this project are challenged this approval shall be suspended as provided in Government Code Section 65913.5. If any such condition is determined to be invalid this approval shah 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 pexmit issuance. The applicant shall establish a homeownex3 association and corresponding covenants, conditions and restrictions. Said CC8tR’s shall be submitted to and approved by the Planning Diiector prior to Enal map approval. The CC&R’s for Planning Area 7 hall include a provision which prohibits parking vehicles in any private drkway which measures less than 20 fti from garage door to back of sidewalltoredgcof~faa,whicheveris~tothe~~. PC RESO NO. 3140 4 43% . 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 i8 12. 13. 14. 1s. 16. 17. 18. 19. 20. 21. 22. 23. 24. - The applicant shall submit a street name list consistent with the City’s street name policy subject to the Planning Directois approval prior to firA map approval. The applicant shall prepare a detailed landscape and inigation plan which shall be submitted to and approved by the Planning Director prior to the issuance of grading or building permits, whichever occurs fit. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. The developer shall install street trees at the equivalent of 40-foot intervals along all public street frontages in conformance with City of Carlsbad standards. The trees shah be of a variety selected from the approved Street Tree List. Preliminary landscape plans shall be submitted. All landscape plans shah be prepared to conform with the Landscape Guidelines Manual and submitted per the landscape plan check procedures on file in the Planning Deparanent. Landscape plans shall be designed to minimize water use. Lawn and other zone 1 plants (see Landscape Guidelines Manual) shah be limited to areas of special visual imponance or high use. Mulches shall be used and inigation equipment and design shall promote water conservation. Prior to final occupancy, a letter from a California licensed landscape architect shall be submitted to the Planning Director certifying that all landscaping has been installed as shown on the approved landscape plans. All herbicides shall be applied by applicators licensed by the State of California. The applicant shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carl&ad Municipal Code. The f?rst set of landscape and irrigation plans submitted shah include building footprints and elevations, improvement plans and grading plans. All landscape and irrigation plans shall show existing and proposed contours and shall match the grading plans in terms of scale and location of improvements. Mature trees which are removed shall be replaced one to one with minimum 36” box specimen. Each case shall be reviewed by the Planning Director. PC RESO NO. 3140 -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 2s. 26. 27. 28. 29. 30. 31. 32. 33. 34. - A b The ~~ .shd size shall be S gdOlYS or otherwise as approved by [he Planning Director. The number of tTees in a residential project shall be equal to or greater than the number of residential units. Any signs proposed for this development shall at a minimum be designed in confoxmance 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 ail 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 altemative to the satisfaction of the Planning Director. ’ All sales maps that are disttibuted 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 building permit plan check, the applicant shall include a reduced version of the approving resolution/resolutions on a 24” x 36” , blueline drawing. Said blueline drawing(s) shah also include a copy of any applicable Coastal Development Permit and signed approved site plan. Prior to the occupancy of any residential Mit within this project, the Master Plans recreational vehicle storage area (within Planning Area 23) with all weather access road to it shall be available for use. Prior to the ompancy of any of the dwelling unig the project applicant shall txmsmct a 5.5 to 8.5 foot high nois baker (combination wall and bexm) between Alga Road and buildings 11,12,21,22,42 and 43. The noise barrier shallbecol3smaeclcwsistentwiththe reammdations of the Acoustical Study forPlanningArea7(MesmGrcvlc,1990). Tbcwallportionoftbisbamiershall notbepermittaltoexceed6feetinWghr. Priortotheoccupancyofallunits within bddings 11,12,21,22,42 and 43, the pmject apphnt shall inaxporate dhl%pidtiCnoisemiti~tiW~ (ic mechanical ventilation) into the!se mits,asdesaiiintheAcousticalAnalysisforPA-7. Priortotheissuaa# ofagradingpamit0rtkrec0rdatiOn0fthe~map,the project applicant &all receive a Chsml Developmau Pamit that approves dwebpment that is in sukantial amf- withthisCityappr0vaL The" CoastalPamitsballbtrcquiredtobtsubmitcedtotbcCityP~Department {: for review prior to the ismance ofagmdingpemk PC RESO NO. 3140 . -6- b0 1 2 3 4 5 e 7 e S 1C 11 12 12 14 15 16 17 It! 19 20 21 22 23 24 25 26 27 28 . b , i iI ! I i i , 35. 36. 37. 30. 39. n -- ‘. - \ ‘&< 03 IA j 40. ti~tothc~~ofagradingpermit,allCoastalDeed~ctedareas ~~~of~ts38,44,45and~asshowaon~~t”~ shallbestakedand flagged to prohibit encroachment by construction equipment. / Munitswhichamsetbackaminimum of5f~hnnapxivatedrivewayshallbe. quipped with an automatic garage door opener. All perimeter fences/walls shall be requkd to be designed consistent with the materials and style of other Master Plan approved fence!s/waUs. This project is approved subject to the condition that residential water COlW?lWtiOIl measmes including water ei&knt plumbing ktures in conformance with State and Local Laws and Policies, be inanpomted into the projects design. Prior to the recordation of the first final tract map or the issuance of residential building permits, whichever is 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 post aircraft noise notification signs in all sales and/or rental offices associated with the new development. The number and locations of said signs shall be approved by the Planning Director. Prior to &ml map approval, the project applicant shall be requixed to record a deed restriction over that open space area located between Goldhch Court and Wigeon Place, which prohibits the connection of these two streets. Ensrineerinn Conditiom: 41. This approval is subject to all conditions of approval of Master Plan 177, Carlsbad Tract 85-35 and Zone 19 L,ocal Facility Managtznent Plan, and any amendments thereto. 42. This project is located within the Mello I kcal coastal Plan. All development dcsignshall~~~withthe~~~~gradinganddrainagerequirements ofthat pla!L 43. The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding stices to the project. 44. The developer shall be responsible for coordination with S.D.G.U., Pacific Telephone, and Cable TV authorities. . . . . PC RESO NO. 3140 -7- by , / / 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 il , il II I/ /’ I 45. 46. 47. 48. 49. 50. 51. 52. The developer shall provide an acceptable means for main- a~ the private streets, sidewalks, street lights, open space, storm drain fitities and sewer fkilities located within the subdivision and to distribute the costs of such maintenance in an equitable manneraWllgtheownemoftheunitswithinthe subdivisior~ Adequate provision fat such maintaumce shall be ~hciudfA with the CC&R’s subject to the approval of the City Exqines All of the above improvements are considered private unless o&e&se labeled on the tentative n=P- 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) Carisbad Municipal Code. Prior to approval of the Enal map the developer shall enter into an agreement with the City to pay any drainage area fees established as a result of the Master Drainage Plan Update. The owner of the subject property shah execute a hold harmless agreement regarding drainage across the adjacent property prior to approval of the final map for this project. The applicant shall agree to utilize reclaimed water, if available, in Type I form, on the subject property in all common areas as approved by the City Engineer. Reclaimed water, as defined in Section 1305(n) of the California Water Code, means water which, as a result of treatment of wastewater, is suitable for a direct beneficial use or controlled use that would not otherwise occur. No grading permits shall be issued for this subdivision prior to recordation of the final map except as approved for model homes. 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 issuance of a building permit for the project, the applicant must submit and receive approval for grading plans in accordance with City codes and standards, be issued a grading permit and complete the grading work in substantial conformance with the approved grading plans. The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. PC RESO NO. 3140 -8- . 1 2 3 4 5 6 7 6 S 1c 11 12 13 14 15 16 17 1e 19 20 21 22 23 24 25 26 27 28 53. 54. 55. 56. 57. 58. s9. 60. - -. I NO grading shall occur outside the limits of the subdivision unless a grading or Slope easement is obtained from the owners of the affected prop&es. If the dmdoper is unable to obtain the grading or slope easement, he must either amend the tentative map or change the slope so grading will not occur outside the project site in a manner which substantially conforms to the approved tentative map as determined by the City Engineer and Planning Director. A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits. Prior to hauling dirt or construction materials to any proposed construction site within this project the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. The developer shall exercise special care during the consmtction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with the Carlsbad Municipal Code and the City Engineer. Reference Chap 11.06. The developer shall consmxt temporary desiltation basins onsite of a type and size and at locations as approved by the City Engineer. The developer shall enter into a desiltation basin maintenance agreement and submit a maintenance bond satisfactory to the City Engineer prior to the approval of grading, building permit or fInal map which ever occurs first for this project. Each desiltation basin shall be serviced by an all-weather access/maintenance road. The provisions of this agreement shall apply to any offsite borrow sites which may be utilized in the construction of this project as required by the City Engineer. Rainguttersmustkprovidedwbch nazssuytocowcyroofdrainagetoan apprPveddrainagcdeviceasquiraibythCityEngker. Additional drainage easements and drainage structures shall be provided or installed prior to the issuance of grading or building permit as may be required by the city Engineer. The developer 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 certifxate on the Enal 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. PC RESO NO. 3140 -9- / . 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 61. 62. 63. 64. 65. 66. 67. ‘5 Direct access rights for all lots abutting Alga Road shall be waived on the find map utcept for the point of connection with Baccharis Lane. Prior to approval of any grading or building permits for this project, the owner shall give written consent to the annexation of the area shown within the boundaries of the site plan into the existing City of Carlsbad Street Lighting and Landscaping District No. 1. The form shall be provided by the City during the improvement plancheck process. Runoff from this project is conveyed to environmentally sensitive areas. The subdivider shall provide adequate means of eliminating urban pollutants From drainage prior to discharge. Plans for such improvements shall beapproved by the City Engineer prior to issuance of grading or building permit. Some improvements shown on the tentative map and/or required by these conditions are located offsite on property which neither the City nor the subdivider has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The Developer shall conform to Section 20.16.095 of the Carlsbad Municipal Code. Plans, specifications, and supporting documents for all improvements shall be‘ prepared to the satisfaction of the City Engineer. Prior to approval of the final map in accordance, with City Standards the Developer shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements: A. Irrigation systems to accommodate future reclaimed water shall be designed and installed consistent with Title 17 of the Califomia Administrative Code, and to the satisfaction of the City Engineer and the Water District. B. s Alga Road to major arterial standards or better from Mimosa Street to El Camino Real to the satisfaction of the City Engineer. This obligation may be shared with other projects having a similar condition to the satisfaction of the City Engineer. Improvements listed above shall be constructed within 24 months of final map approval and/or improvement plan approval which ever occurs first. The Fire Marshal has det&ed that onsite fire hydrants are required to sexve this project. Prior to issuance of a building pumit for the site, the applicant must submit and receive City and water district approval for appropriate waterline improvement plans and easements. AU improvements shall be designed in conformance with City and Water District Standards, plancheck and inspection fees paid and improvement security shall be posted with the Water District. PC RESO NO. 3140 -lO- . 1 2 3 4 5 6 7 8 9 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 68. 69. 70. 71. 72. 73. 74. - The design of all private streets and drainage systems shall be approved by the city EllgiIIeer prior t0 approval Of the final map for this project. The structural section of all private meets 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 hohmtal design of the private streets are approved as shown on the teutative map. The pxivate sidewalk shall k kept clear of all obstrwtions including, but not limitedto,firehydrants,mailboxt!sandsireet~ Thesubjectpropatyiswitbintbebomdariesof hsasment District No. 88-l (AlgaRoad). uponthesll-oflandwitbinthedistrictboundaries,the subdivider may pass thwgh B tosu~ownersonfvifthe subdivider has executed a Special Assgsment district Pass-Through Authorization Agreement. Said agreement amtaius provisions m notice! to potential bm of the amount of the asasmem and other provisions and reqlk the subdivider to have each buyer receive and execute a Notice of Assessment and an option &reanent. h the ment that the subdivider does not execute the Authorhation Agamemt., the -t on the subject property must be paid off . II! hll bv the subdivider prior to any subdivision of the land. ArreqrriredbyStatclaw,priortothctrcordationofafinalmapovaanyofthe subject propaty, a segregation of ammmmts must be completed and recorded for all subdivided lots. By applying fix a segregation of assesmmts, the subdivider agreestopaythcfectocoverthccostsassodatedwiththesegregation. A segregation is not requkd if the subdivider pays off the assessment on the subject property prior to the record&m of the !kl map. In the event a segregation of assessments is not recorded and property is subdivided, the full amount of assessmentwillappearonthetaxbillsof~newlot. Thisproj~isapprovcdrmderth~~c0~ti~~willbemodelunits. ThcgradingrcquihdfarthmodelMitrisshowninan~bittothctcntative map. Thrgradingforthc~tmitspriwtofiaal~~tionisauthorized ptnsuanttotheapprovalofthistentativemap. Sewerandwatermustbe proidedtothesite. Firehydrantsshallkprovidedasdeemednecessarybythe FiiMaIshaL UtstarmdrainandsewerkncswbichdonotcarrypublicflowsshallremainpriMte andbe-byfheH omwwnasksocia~tior~ Anotetothisektshallbe placed in the cc&R%. Ifthedeveloperchoosesto conmuct out of phase, all imp~veznen~ required by previous contiguous phases must be constxuctd PC RESO NO. 3140 -ll- / . 1 2 3 4 5 6 7 6 S 1c 11 12 12 14 15 16 17 1e 19 2c 21 22 23 24 25 26 27 28 t I , i ’ 11 II ij i I/ I ji I/j 1 7s. The open space lots - Lot 24 through 29, shall be deeded over to the Aviara Master ’ ksociation concumnt with 6nal map recordation Per the agreement between the developer and - Properties. : / 76. TllefolhVillg-shallbegrantcdasanreMntfor asemale to all owles of condominium units (not the HO~~~WEET Association). Thse m for easements shall be convqed by separate document and lecordexl con-t with the fmal map. 1. Acommonareaiuperpetuityasa cowmantrumingwiththelandoveriill paved areas and sidewalks, except individual conaete driveways, for access, parking, private utilities and maintenance purposes. 2. Acommonareainperpetuityasa colmlm~withthelandover~t 1 through Lot 23 inciusi~ for landscaping, access and maintenance Purposes= These covenants for easements shall be binding upon all successes, assigns and transferee of covenantor. These covenants can not be quitclaimed without the approval of the City. Wording to tbat eEect shall be placed in the covenants. 77. The ~lietge~lcy access road shall be constructed with Phase 6. 78. Phase 3 of m 90-S shaIl include street, curb, gutter, storm drainage inlets and the necessary inhstn~ctu~ in Sand Astor Drh and Plover Court necessary for the development of that phase, to the satisfaction of the City En-. I Fire Conditions: 79. Additional public and/or on site fire hydrants shall be provided if deemed necessary by the Fire Marshal. 80. 81. An all weather access road shall be maintained throughout construction. All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. 82. Proposed security gate systems shall be provided with “Knox” key operated override switch, as specified by the Fire Department. 83. AU private driveways shall be kept clear of parked vehicles at all time, and shalt have posted “No Parking/Fire Lane - Tow Away Zone” pursuant to Section 17.04.040, Carlsbad Municipal Code. 84. Fire retardant roofs shall be required on all structures. PC RESO NO. 3140 -12- b . 85. Brush clearance shah be maintained according to the specifications contained m 1 the City of Carlsbad Landscape Guidelines Manual. 2 3 4 5 6 7 8 9 10 11 12 13 14 ’ 15 161 86. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction. 87. Building exceeding 10,000 sq. ft. aggregate floor area shall be sprinklered. Water District: 88. The entire potable and non-potable water system/systems for subject project shali be evaluated in detail to ensure that adequate capacity and pressure for domestic, landscaping and fire flow demands are met. 89. The developer% engineer shall schedule a meeting with the District Engineer and the City Fire Marshal and review the prelimimq water system layout prior to preparation of the water system improvements plans. * 90. The developer will be responsible for all fees and deposits plus the major facility charge which will be collected at time of issuance of building permit. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 16th day of January, 1991, by the following vote, to wit: AYES: Chairperson Holmes, Commissioners: Schlehuber, Schramm, McFadden and Hall. NOES: Commissioner Erwin. 20 21 22 23 24 25 26 27 20 ABSENT: Commissioner Marcu ABSTAIN: None. ATTEST: MICHAEL J. PLANNING DIRECTOR PC RESO NO. 3i40 -13- 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMI~ION RESOLUTION NO. 3134 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNLA RECOMMENDING APPROVAL OF A MITIGATED NEGATIVE DECLARATION FOR A TENTATIVE TRACT MAP/CONDOMINIUM PERMIT TO DEVELOP A 145 DWELLING UNIT CONDOMINIUM PROJECT’. APPLICANT: AWARA - PLANNING AREA 7 CASE NO.: CT 9OWCP W-2 WHEREAS, the Planning Commission did on the 7th day of November, 1990, and the 16th day of January, 1991, hold a duly noticed public hearing as . prescribed by law to consider said request, and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, ex amining the initial study, analyting the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Mitigated Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are tme and correct. B) That based on the evidence presented at the public hearing, the Planning Commission hereby recommends APPROVAL of the Mitigated Negative Declaration according to Exhibit “ND”, dated August 30, 1990, and “PII”, dated August 17, 1990, attached hereto and made a part hereof, based on the following tidings and subject to the following condition: Fin-: 1. The initial study shows that there is no substantial evidence that the project may have a significant impact on the environment. 2. 3. The site has been previously graded pursuant to an earlier environmental analysis. The streets are adequate in size to handle traflic generated by the proposed project. 1 4. There are no sensitive resources located onsite or located so as to be significantly impacted by this project. 2 Conditiom: 3 4 5 6 7 a 1. Priortothe occqanq of any of the dwelling units, the pmject applicant shall construct a 5.5 to 8.5 foot tall noise barrier (combination wall and berm) between builw 11, 12, 21, 22, 42 amd 43 and * Road, consistmt with the recommendations of the Acoustical Study for Planning Area 7 (Mestre Greve, 1990). The wall portion of this barrier shall not be pamitted to exceed six feet in height. prior to the oaxpancy of all units in buildings 11,12,21,22,42 and 43, the project applicant shall incorporate all required traffic noise mitigation measuns (i.e. mechanical ventilation) into these units as described in the Acoustical Analysis for Planning Area 7. 9 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 10 Commission of the City of Carlsbad, California, held on the 16th day of January, 1991, 11 by the following vote, to wit: 12 13 AYES: Chairperson Holmes, Commissioners: Schlehuber, Schramm, McFadden and Hall. .14 ,i NOES: Commissioner Erwin. 15 ABSENT: Commissioner Marcus. 16 !i 4 ,I 16ji 19 jl 2o / 21 II 22 ” -.. ABSTAIN: None. ‘I CARLSBAD PLANNING COMMISSION AT7EST: 23 1 . w& MICHAEL J. mLZ&R PLANNING DIREnOR 24 25 Ii /I 26 II 27 11 11 I! PC RESO NO. 3139 -2- 28 I - - EX 16 a w . Minutes of: PLANNING COMMISSION February 15, 1995 CITY COUNCIL CHAMBERS S called the Regular Meeting to order at 6:05 p.m. PLEDGE OF ALL The pledge of allegian ed by Commissioner Savary. ROLL CALL: Present: ons, Commissioners s, Erwin, Monroy, Nielsen, Noble, Staff Present: Michael Holzmiller, Gary Wayne, Assis Adrienne Landers, Eric Munoz, Associ COMMENTS FROM THE E ON ITEMS NOT LISTED 0 There were no comm m the audience. APPROVAL 0 Motion by Commissioner Savary, and duly seconded, to approv Regular Meeting of February 1, 1995, as submitted. Chairman Welshons, Commissioners Compas, Erwin, Monroy, Nielsen, PUBLIC HEARING: 1. CT 90-05(B)/CP 90-02(B) - AVIARA PLANNING AREA 7 - Request for a Tentative Tract Map Amendment and Condominium Permit Amendment to realign Sand Aster Drive, add and reconfigure recreational amenities and guest parking, rearrange the location of several dwelling units, and eliminate 14 dwelling units all within the eastern portion of Aviara Planning Area 7 within Phase I of the Aviara Master Plan, located at the northwest corner of Alga Road and Ambrosia Lane in Local Facilities Management Zone 19. Chairman-Welshons stated that if the Commission recommends approval of this item, it will be forwarded to the City Council for their consideration. David Rick, Planning Technician II, reviewed the background of the request and stated that the applicant, Barrett American, Inc., is requesting approval to amend a 145 unit condominium project and tentative tract map to realign Sand Aster Drive, add and reconfigure recreational amenities and guest parking, rearrange the location of several dwelling units, and eliminate 14 dwelling units, all within the eastern portion of ‘ID MINUTES PLANNING COMMISSION February 15, 1995 PAGE 2 Aviara Planning Area 7 (PA 7). The 145 unit condominium project, approved by the City Council in 1991, consisted of duplex, three-plex, four-plex buildings, two common active recreation areas containing pools, a pedestrian trail and par course, and several eucalyptus groves, a coastal sage scrub community, and an oak grove preserved in open space. The tentative map was approved with the option of recording two separate maps. The western-most portion of the project has received a final map and is currently under construction. He used renderings posted on the wall to explain the amendments being requested. PA 7 is located at the northwest corner of Alga Road and Ambrosia Lane. The site is surrounded by a future single family development to the north, an existing golf course to the west, an existing single family and future multi-family development to the south, and an existing elementary school to the east. Mr. Rick stated that the site is split up into an east neighborhood and a west neighborhood by a 150 ft. wide SDG&E easement with overhead transmission lines. The east neighborhood and the easement are approximately 20-30 ft. higher in elevation than the west neighborhood. The site was approved with common active recreation facilities which include a community pool in the east neighborhood and a community pool also in the west neighborhood. Vehicle access to the east neighborhood is provided off Ambrosia Lane and for the west neighborhood off Alga Road. The west neighborhood has received its final map and is currently under construction. The proposed amendment involves the east neighborhood. Mr. Rick stated that the main portion of the amendment consists of eliminating 21 units located between Sand Aster Drive and the easement and moving Sand Aster Drive approximately 50-60 ft. west of its current position. The exhibit showed the proposed new alignment of Sand Aster Drive. Where Sand Aster Drive used to be, seven units will be added along four side streets. Overall, this will result in a total loss of 14 units. In the space where the 21 units used to be between Sand Aster Drive and the easement, an open play field and a sand volleyball court would be added. The community pool would be located further north. Several par course stations would be added to replace the par course stations within the easement. The project was originally approved with several par course stations along this trail and SDG&E has contacted staff recently and informed us that they will not renew their contract with the developer to allow the par courses and the trail due to their policies regarding EMF. Also proposed is to place a common passive area at the south side of the site to obtain views of Batiquitos Lagoon. The proposed amendment also consists of reconfiguring the guest parking. Currently, the project is approved with 23 parallel on-street spaces along the east side of Sand Aster Drive. In addition, there is approval for six off-street spaces at various locations along the side streets. The proposed amendment consists of eliminating six of the on-street spaces and adding a total of ten off-street spaces disbursed at various locations along the side streets. Three of the ten spaces would be located in front of the pool and two more spaces would be located at the northern section of the project where there were no guest parking spaces previously. Overall, this will result in a total of four additional parking spaces than the original project. Mr. Rick stated that the proposed project meets or exceeds all standards. Some examples of how the project exceeds standards include the amount of recreation area which is more than double the amount requirement, the number of guest parking spaces is almost double the amount required. Most of the buildings will have 20 ft. separations, although the requirement is only 15 ft. The minimum required building setback from SDG&E’s easement is 30 ft. The closest unit in the east neighborhood would be 86 ft. from this easement. Staff recommends approval. Chairman Welshons stated that in July 1994, the Planning Commission was shown another map of this project. She inquired how that fits into the proposed revision. Mr. Rick stated that no action was taken on the map last July. The proposed revision tonight is being compared to the approved project from March 1991. Commissioner Monroy inquired if a letter from SDG&E had been submitted which stated their policy on EMF. Mr. Rick replied that the letter was drafted by an attorney and gave their position on EMF. He was 4 MINUTES PLANNING COMMISSION February 15, 1995 PAGE 3 advised on the telephone that this was their position, although the letter did not claim that this was their official policy. Chairman Welshons invited the applicant to speak. Dave Jacinto, Barrett American, Inc., 2035 Carte del Nogal #160, Carlsbad, addressed the Commission and stated that there is a general perception that EMF is a problem. That is why they (Barrett) decided to make modifications and move the homes back from the power lines. However, it is important to note that there have been no “verified” problems caused by EMF. Mr. Jacinto stated that most of the work in the easement area has already been graded. They are now in the process of scheduling the landscaping. He believes that the proposed revisions greatly enhance the project. Commissioner Erwin inquired if it is Barrett’s policy that, based on the perception of EMF problems, that they will make every attempt to avoid possible future problems by moving their dwelling units away from the power lines. Mr. Jacinto replied that he could not say this is an official policy. However, due to the perception in the market that there may be problems, Barrett’s feeling is that they want to be careful now rather than be sorry later. Most units in this development are 150 ft. from the power lines. There are some active trails located in the easement area below the lines but they are not in constant use so there should be no perceived problem. Commissioner Erwin stated that the interim revision had seven less units but now those seven units have been added back in. Mr. Jacinto replied that is correct. Chairman Welshons inquired if his reference to the previous plan is one which came before the Commission last July. Mr. Jacinto replied that he mentioned two previous plans. One plan is the approved project which was approved in 1991. The other is the interim plan from last July which dropped units and left Sand Aster Drive in the same location. Chairman Welshons stated that the July plan had the units located 150 ft. away from the lines. However, tonight’s plan adds back seven units and they are closer to the lines. This plan also eliminates some recreation. Mr. Jacinto replied that the dwelling units on the west side are 150 ft. from the power tines. On the east side, the dwelling units are also 150 ft. from the lines--not the easement--but the lines themselves. The lines are offset within the easement. Barrett tried to stay 140-150 ft. away from the lines. Chairman Welshons inquired if it was for economic reasons that the seven units were added back. Mr. Jacinto replied yes, to offset the added cost of the recreation facilities. Chairman Welshons stated that adding in those seven units made it necessary to removing two tennis courts, a basketball court, and a large grassy area. Mr. Jacinto replied that considerably more money is being spent on recreation in tonight’s plan as opposed to the previous plan. The project tonight adds another pool and spa so there is one on each side of the easement. Previously, residents on one side would have had to cross the easement to reach the swimming pool. Commissioner Monroy inquired if Barrett has some written information that locating homes 150 ft. away from the lines is a safe distance. If so, he would like to have a copy of whatever that material might be. Mr. Jacinto replied that many studies and commentaries have been done on EMF. He will give Commissioner Monroy copies of whatever is in his files. Chairman Welshons opened the public testimony and issued the invitation to speak. There being no other persons desiring to address the Commission on this topic, Chairman Welshons declared the public testimony closed and opened the item for discussion among the Commission members. I= MINUTES 20RRECTED PLANNING COMMISSION February 15, 1995 PAGE 4 Commissioner Erwin stated that he voted against the project in 1991. However, he will be voting in favor of it tonight because Barrett has taken the initiative to recognize there may be potential problems with EMF and they are addressing that possibility. Commissioner Erwin did note that he still has a problem with Carlsbad’s policy of calling streets driveways in order to reduce front setback requirements. Commissioner Compas likes the revised project and will vote in favor of it. ACTION: Motion was made by Commissioner Nielsen, and duly seconded, to adopt Planning Commission Resolution No. 3740 and 3741, recommending approval of CT 90-05(B) and CP 90-02(B), based on the findings and subject to the conditions contained therein. VOTE: 7-O AYES: Chairman Welshons, Commissioners Compas, Erwin, Monroy, Nielsen, Noble, and Savary NOES: None ABSTAIN: None stated that if the Commission recommends approval of this item, it will r their consideration. Planner, reviewed the background of the request and st . She stated that this ZCA is being proposed to create a arch and development land uses. A few months a ent for this land use from one s s.f. The particular firm maki that the current rrst, It results in surplus parking with sometimes as n, such firms can’t expand their facilities because they on the site eve enty of vacant parking spaces. This, in turn, creates a n parking improvements that they don’t need. After analyzing the p OS, and facility operations, staff is recommending a 1:300 parking requir e. This land use is currently parked at a ratio of 1:250. The proposed zone code amendment is co goals of the General Plan by encouraging the growth of economically progressive and po ses in Carlsbad. Recently, the City adopted an economic development als. In doing so, they focused on the bio industries as desira The proposed parking requirement is in keeping WI e development standards. This also allows the City to main edge when competing with ot for bio industries interested in locating in the area. will adequately meet future parking demands for conducted of these types of businesses indicate such sites in Carlsbad and found vacant parking spaces icated that since the parking spaces were not utilized, the pres The proposed ratio of 1:300 allows for employee parking and a 0), excess parking spaces will probably still be available. In add ent will not create adverse impacts on adjacent sites. Surplus parking exists on all s Bio med firms have a low parking demand because they are not labor intensive. Typic usiness has large labs with a few researchers running tests. This scenario usually lasts MINUTES April 7, 1995 Barratt American Incorporated 2035 Corte De1 Nogal, #160 Carlsbad, CA 92009 Re: Aviara Planning Area 7 The Carlsbad City Council, at its meeting of April 4, 1995, adopted Resolution No. 95-85, approving the Tentative Tract Map and Condominium Permit Amendment for Aviara Planning Area 7 (PA 7) - CT 90-5(B)/CP 90-2(B). Enclosed is a copy of Resolution No. 95-85 for your records. (.-&2Q!;,“; Assistant C KRK:ijp Enclosure 1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 - (619) 434-2808 a3 -. \ PROOF OF PUBLICATION (2015.5 C.C.P.) This space is for the County Clerk’s Filing Stamp STATE OF CALIFORNIA County of San Diego 1 am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of Proof of Publication of Blade-Citizen a newspaper of general circulation, printed and published daily in the City of Oceanside and qualified for Otice Of Pub1ic Hearing the City of Oceanside and the North County Judicial ----_------------------------------------------------- district with substantial circutation in Bonsall, Fallbrook, Leucadia, Encinitas, Cardiff, Vista and Carlsbad, County of San Diego, and which newspaper has been adjudged ------------------------------------------------------ a newspaper of general circulation by the Superior lia, Paste Clipping of Notice SECURELY 1:- xl Court of the County of San Diego, Siate of Califon under the date of June 30.1989, case number 17’ that the notice, of which the annexed is a printed c (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on 1 following dates, to-wit: th March ,25, 1995 I certify (or declare) under penalty of perjury that 11 foregoing is true and correct. h Dated at Oceanside,Califomia, this 7 7 day of March, 1995 . A& m-------- -w----w--- --as we s ----~~~~~~ Signat e BLADE-CITIZEN Legal Advertising 1722 South Hill Street P.O. Box 90 Oceanside, CA 92054 (619) 433-7333 NOTICE OF PUBLIC HEARING CT 90-S(B) /CP 90-2 (B) AVIARA PLANNING AREA 7 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, April 4, 1995, to consider an application for a Tentative Tract Map Amendment and a Condominium Permit Amendment to realign Sand Aster Drive, add and reconfigure recreational amenities and guest parking, rearrange the location of several dwelling units, and eliminate 14 dwelling units all within the eastern portion of Aviara Planning Area 7, within Phase 1 of the Aviara Master Plan, on property generally located at the northwest corner of Alga Road and Ambrosia Lane, in Local Facilities Management Zone 19, and more particularly described as: Lots 92 and 93 of City of Carlsbad Tract No. 85-35, Aviara Phase 1, Unit C, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 12411, filed in the Office of the San Diego County Recorder on June 29, 1989. If you have any questions regarding this matter, please call David Rick in the Planning Department, at (619) 438-1161, ext. 4328. If you challenge the Tentative Tract Map Amendment and/or Condominium Permit Amendment 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 corresoondence delivered to the City of Carlsbad City Clerk's Office at, or prior to, the public hearing. APPLICANT: Barratt America Inc. PUBLISH: March 25, 1995 CARLSBAD CITY COUNCIL AVIAAA PLANNING AREA 7 yrrrwra~ i . : : : : z f : 3 . : 3 i 3 ptr 5 3 : . : 3 3 i AVIARA PLANNING AREA 7 . I A* bi Y B/ I . -“I 1 CP 9 WI JO-02B - . . ‘. ’ ‘, . . ,. 1 . : ,. “. ./’ ,: . ,. - I : . ‘. i .,. ‘. I ‘. . . ‘.. ‘. ’ .’ . ’ .: 9 . .’ * . ‘. ., .*’ : Li.___._._.. _,. _~. .-_ ) : ; . . *, . ;. 8 . . :. ; : T;“’ ,‘.! ,. L L . NOTlCE OF PUBLlC HFARING NOTICE IS HEREBY GIVEN that the Planning Co-ion of the City of Cartsbad will hold a public hearing at the Council Chambers, 1200 Cadsbad Village Drive, Carl&ad, California, at&O0 p.m. on Wednesday, February 15, 1995, to consider a recommendation of approval for a Tentative Tract Map Amendment and Condominium Permit Amendment to realign Sand Aster Drive, add and reconfigure recreational amen&s and guest parking, rearmnge the locatbn of several dwelling units, and eliminate 14 dwelling units all within the eastern portion of Aviara Planning Area 7 within Phase I of the Aviara Master Plan located at the northwest comer of Alga Road and Ambrosia Lane in Local Faciliiies Management Zone 19 and more particularly described as: Lots92and93oftheCityofCarlsbadTract8+35,AviaraPhasel UnitC,inthe City of Carl&ad, County of San Diego, Stat. of California according to msp thereof No. 12411, filed in the office of the County Recorder of San Diego County, June 29, 1989. 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 February 9, 1995. If you have any questions, please call David Rick in the Planning Department at (619) 43&l 161, ext. 4323. If you challenge the Tentative Tract Map Amendment and Condominium Permit Amendment 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 Carl&ad at or prior to the public hearing. CASE FILE: CT 90=05(B)/CP m(B) CASE NAME: AVlARA PLANNING AREA 7 PUBUSH: FEBRUARY 3,1995 CITY OF CARLSBAD PLANNING COMMISSION TO: CITY CLERK’S OFFICE FROH: PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST Attached arc the materials necessary for you to notids CT 90-05(Bj/CP 90-02(B) - Aviara Planning Area 7 for a public hearing before the City Council. Please notice the item for the council meeting of . Thank you. Assistant City Man-‘ Public Hearing March 17, 1995 Oate - . . AVlAR4 LAND ASSOCIATES LIMITED. ‘450 NEWPORT CENTER DR 304 NEWPORT BEACH CA 92660 TERRY R & MARGARET REITER 6 SADDLEBACK RD PALOS VERDES PENINSULA C 90274 ANTHONY & JACQUELINE CAPPELLI 7 157 TERN PL CARLSBAD CA 92009 JOHN & G JOSEPH 7143 TERN PL CARLSBAD CA 92009 JOHN L & LAURA CAREY 7122 TERN PL CARLSBAD CA 92009 JOSEPH A & NANCY DEMARCO 15 LEAMMG RD COLORADO SPRINGS CO 80906 GIBSON FAMILY 7153 TERN PL CARLSBAD CA 92009 ISA1 & ALISA TREJO 7137 TERN PL CARLSBAD CA 92009 DONALD B OCHOA 7132 TERN PL CARLSBAD CA 92009 BERTRAM A UL JOYCE COHEN RUDM 7142 TERN PL 7146 TERN PL CARLSBAD CA 92009 CARLSBAD CA 92009 HARVEY 7147 TERN PL CARLSBAD CA 92009 JAMES M & NANCY TRUSLOW 7133TERNPL CARLSBAD CA 92009 CHRISTIAN L & NANCY HANSEN 7136 TERN PL CARLSBAD CA 92009 EDWARD E t MOLLY JOE 7152 TERN PL CARLSBAD CA 92009 GERARD J & VESSELA SMOLM 7 I56 TERN PL CARLSBAD CA 92009 PATRICK N ODAY 7 162 TERN PL CARLSBAD CA 92009 AVIARA MASTER ASSOCIATION 20 I I PALOMAR AIRPORT RD 206 CARLSBAD CA 92009 AVIARA-5 5 I5 I SHOREHAM PL 200 SAN DIEGO CA 92 I22 - .kARLYN DAVIDSON 2036 BLACKBIRD CIR CARLSBAD CA 92009 JOHN T FRENCH 2032 BLACKBIRD CIR CARLSBAD CA 92009 LANCE & SANDRA MCGGLDRICK 7046 PARTRIDGE PL CARLSBAD CA 92009 WILLIAM R & MARY SICKERT 7052 PARTRIDGE PL CARLSBAD CA 92009 MICHELLE E COST1 7056 PARTRIDGE PL CARLSBAD CA 92009 ARTHUR & CLEMENTMA WEBSTER 7032 PARTR.IDGE PL CARLSBAD CA 92009 JEFFREY VALLANDINGHAM 7036 PARTRIDGE PL CARLSBAD CA 92009 PHIL MULLOY 7042 PARTRIDGE PL CARLSBAD CA 92009 R D C DEVCO 11 LIMITED PARTNER 180 N RIVERVIEW DR 130 ANAHEIM CA 92808 R D C DEVCO II LIMIT y;A*p‘-R JOHN c RICHARDS 2068 BLACKBIRD CIR CARLSBAD CA 92009 DOUGLAS ZIRBEL 2064 BLACKBIRD CIR CARLSBAD CA 92009 JENNIFER L CAINE 2060 BLACKBIRD CIR CARLSBAD CA 92009 KENNETH A CASHMAN 2056 BLACKBIRD CIR CARLSBAD CA 92009 MICHAEL E & VALERIE RICE 2052 BLACKBIRD CIR CARLSBAD CA 92009 WILKI & WANG BUDIWARMAN 2048 BLACKBIRD CIR CARLSBAD CA 92009 DAVID W & DAWN GRIFFITHS 2044 BLACKBIRD CIR CARLSBAD CA 92009 JAMES D & DIAN WINTER 7045 PARTRIDGE PL CARLSBAD CA 92009 ARTHUR J & JANICE BALOG 703 I PARTRIDGE PL CARLSBAD CA 92009 CHET FRANCISCO 6905 THRUSH PL CARLSBAD CA 92009 JANET S SIGLER 69 17 THRUSH PL CARLSBAD CA 92009 CHARLES D MERRITT 6908 THRUSH PL CARLSBAD CA 92009 LYDIA MANTHEI 2673 LACONIA LAS VEGAS NV 89121 REL E & NANCY SCHMITT I550 CORMORANT DR CARLSBAD CA 92009 JUDY CONSALVI 7055 PARTRIDGE PL CARLSBAD CA 92009 MARGO S SCHMERLING 7041 PARTRIDGE PL CARLSBAD CA 92009 KENNETH C & MARY COKELEY 6909 THRUSH PL CARLSBAD CA 92009 SHELDON C JOAN HORING 692 I THRUSH PL CARLSBAD CA 92009 TIMOTHY S MITCHELL 6912 THRUSH PL CARLSBAD CA 92009 HORTON D R MC 10179 HUENNEKENS ST 100 SAN DIEGO CA 92 12 I ABESON IRVING & JOANNE I7500 MAGNOLIA BLVD ENCINO CA 91316 LEON t ANNE GEIS 705 1 PARTRIDGE PL CARLSBAD CA 92009 CAROLYN K WOOD 7035 PARTRIDGE PL CARLSBAD CA 92009 ROBERT A & MARY MCCORMICK 69 I3 THRUSH PL CARLSBAD CA 92009 JOANNA B GLASS 6904 THRUSH PL CARLSBAD CA 92009 BRUCE H 8c PATRICIA SHEETZ 6916 THRUSH PL CARLSBAD CA 92009 GRILL0 FRANK 6928 THRUSH PL CARLSBAD CA 92009 EDWARD N & BLANCHE CICOUREL 823 INVERNESS DR RANCH0 MIRAGE CA 92270 I IOKTON D R INC ;;;;;yNN&&z- RICIIARD T SCI IMITZ 10179 IIUENNEKENS ST IO0 SAN DlfxO CA 92 I2 I AVIARA MAS’I’fX ASSOCIA’I‘ION 215 I SAN DIEGO AVE A250 SAN DIEGO CA 921 IO DAVID JACINTO BARRATT AMERICAN INC. 2035 CORTE DEL NOGAL t160 CARLSBAD CA 92009 hllCI IAEL I’ & DONNA VOSS 10179 IIUENNEKENS ST 100 SAN DIEGO CA 92121 CRAIG M B: JOLLYNE TANNER I576 CORMORANT DR CARLSUAD CA 92009 IIORTONDRINC / 10179 flUEN sx-T/eE~~lsr loo DAN REHM HUNSAKER & ASSOCIATES 10179 HUENNEKENS STE 100 SAN DIEGO CA 92121 f IAROLD & El-TA I,AMPEL IO179 IIIJIINNIIKf:NS ST 100 SAN DIEGO CA 92121 OWORN 10179 IIUENNEKENS ST 100 SAN DIIXO CA 92121 f10RTON D R INC_ IO I79 I IUENNEtiENS ST 100 DR GEORGE W MANNON CARLSBAD UNIF SCHOOL DIST 801 PINE AVENUE CARLSBAD CA 92008 SAN DIEGUITO SCHOOL DIST 701 ENCINITAS BLVD ENCINITAS CA 92024 SAN DIEGO COUNTY PLANNING 5201 RUFFIN RD STE “B” SAN DIEGO CA 92123 CITY OF OCEANSIDE 300 NO HILL ST OCEANSIDE CA 92054 FACILITIES FOR CITY CLERK CT 90-05(B)/CP 90-02(B) Aviara PA 7 SAN MARCOS SCHOOL DIST 1290 SAN MARCOS BLVD SAN MARCOS CA 92069 LEUCADIA COUNTY WATER DIST 1960 LA COSTA AVE CARLSBAD CA 92009 CITY OF ENCINITAS 505 S VULCAN AVE ENCINITAS CA 92024 CITY OF VISTA PO BOX 1988 VISTA CA 92085 ENCINITAS UNION SCHOOL DIST 101 SO RANCH0 SANTA FE ENCINITAS CA 92024 VALLECITOS WATER DIST 788 SAN MARCOS BLVD SAN MARCOS CA 92069 CITY OF SAN MARCOS 105 W RICHMAR AVE SAN MARCOS CA 92069 CALIF DEPT OF FISH & GAME 330 GOLDENSHORE #50 LONG BEACH CA 90802 : .’ : d. iv t:: I’ : : 1 i f f I !- i i. i, f . . j,..,. . . ‘. : ,.. .- . :,,, ..:. . ‘, : . ,. ..‘. 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