The URL can be used to link to this page

Home My WebLink About1995-10-17; City Council; 13356; AVIARA LOCAL COASTAL PROGRAM AMENDMENT - LCPA 95-03a 6 z 3 0 0 The Planning Commission recommended approval (7-0) of LCPA 95-03 on Au! 1995. L a Q PAGE 2 OF AGENDA BILL NO. /3,35-& ENVIRONMENTAL REVIEW The proposed LCP amendment is categorically exempt from environmental pursuant to Section 15305 of the State CEQA Guidelines (Class 5) which cor minor alterations in land use limitations which do not result in any changes in Ii or density. A Notice of Exemption will be issued by the Planning Director up approval of the LCP Amendment by the Coastal Commission. FISCAL IMPACT Aside from typical administrative costs associated with processing the LCPA application, no direct fiscal impacts will result from the approval of LCPA 95-0: EXHIBITS 1. 2. 3. City Council Resolution No. 75 :2(? / Planning Commission Staff Report wlattachments, dated August 16, 19: Excerpt of Planning Commission Minutes, dated August 16, 1995. 1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 9 5 - 3 0 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM TO INCORPORAm THREE PREVIOUSLY APPROVED AMENDMENTS TO THE AVIARA MASTER PLAN TO ENSURE CONSISTENCY BETWEEN GENERAL PLAN, ZONING AND COASTAL REGULATIONS AND DESIGNATIONS FOR THE AVIARA MASTER PLAN LOCATED NORTH OF THE BATIQUITOS LAGOON. CASE NAME: AVIARA LCP AMENDMENT CASE NO: LCPA 95-03 WHEREAS, the Planning Commission did on August 16, 1995, hc noticed public hearing as prescribed by law to consider Local Coastal Program An LCPA 95-03 and adopted Planning Commission Resolution No. 3787, recomm the City Council that it be approved; and WHEREAS, the City Council did on the 17th day of OCTOBER hold a duly noticed public hearing as prescribed by law to consider the amendment to the City’s Local Coastal Program covering the Aviara Master Plan and WHEREAS, at said public hearing, upon hearing and consic testimony and arguments, if any, of all persons desiring to be heard, the Cit considered all factors relating to the Local Coastal Program Amendment. NOW, THEREFORE, BE IT RESOLVED by the City Council c of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the findings and conditions of the Planning Comn Resolution No. 3787 constitute the findings of the City Council in this matter. 3. That the Local Coastal Program Amendment (LCPA 95-03) is 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 0 0 as shown in Planning Commission Resolution No. 3787 on file with the City C incorporated herein by reference. PASSED, APPROVED AND ADOPTED at a regular meeting of Council of the City of Carlsbad, California, on the 17th by the following vote, to wit: day of OCTOBER AYES: Council Members Lewis, Nygaard, Finnila, Hall NOES: None ABSENT: Council Member Kulchin ABSTAIN: None ATTEST: lUL?%dE~- ALETHA L. RAUTENKRANZ, City derk CI 0 Q Thc cnty of Cullstrad Plandng Department A REPORT TO THE PLANNING COMMISSIOF Item NO: c Application complete date: JuIy 7, 1995 Project Planner: Eric Munoz i Project Engineer: Jim Davis SUBJECT: LCPA 95-03 - AVIARA LCP AMENDMENT - Request for a Major L Coastal Program Amendment to reflect three recently approved minor m, plan amendments to the Aviara Master Plan (the implementing ordinanc the Aviara property) located north of the Batiquitos Lagoon, east of thi freeway, within the Coastal Zone in Local Facilities Management Zonc P.C. AGENDA OF: August 16, 1995 I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. . RECOMMENDING APPROVAL of LCPA 95-03, based upon the findings and subject t conditions contained therein. 11. INTRODUCTION This application involves a Local Coastal Program (LCP) amendment to acknowledgt consolidate three recently approved minor master plan amendments to the Aviara M Plan, a coastal zone master plan north of the Batiquitos Lagoon and east of the 1-5 fret The three recently approved master plan amendments, MP 177(J), MP 177(M) anc 177(N) made minor changes to the development standards of three planning areas (PA 15 and 28) and a trail re-alignment affecting Planning Area 7. All three master amendments have already received final City approvals. Since only minor changes 1 implementing ordinance (Aviara Master Plan) have been approved, no changes or in- to LCP land use policies will result. The proposed LCP amendment will bring all Aviara land use regulations into conforn with each other (Master Plan, General Plan and LCP), as required by State law. Sin development is proposed, and the land use regulation changes are minor (and a1 approved by the City), there will be no impacts to public facilities or services or the Growth Management Program. LCPA 95-03 - AVIARA 2 CP AMENDMENT e c AUGUST 16, 1995 PAGE 2 111. PROJECT DESCRIPTION AND BACKGROUND A brief summary of minor master plan amendments MP 177(J), MP 177(M) and MP 177 follows: * MP 177(J): PA 28 has an approval for 61 sin,ole family homes. MP 177(J) all up to 60% of those homes to increase in height from 22 to 30 feet as measure the peak of the structure. MP 177(J) was approved on March 7, 1995. MP 177(M): PA 15 has an approval for a 9 lot/54 unit residential townhome pro It had a maximum building height of 3 stories/35 feet with no more than 30% o structures allowed higher than 24 feet. MP 177(M) eliminated the 24 foot he restriction and lowered the overall maximum building height from 35 to 30 feet. 177(M) was approved on February 7, 1995. MP 177(N): Two planning areas were affected by this amendment. First, a traj alignment was allowed that relocated a trail segment from the west edge of PA the east and north edges of PA 7. The new trail alignment eliminates conflicts golf balls coming off the adjacent golf course segment and links up better with Aviara Oaks School. Secondly, front yard setbacks were reduced from 25 feet t feet (for side loaded garages only) within PA 13. MP 177(N) was approved on 17, 1995. Planning - Issues A. * * Is the proposed Local Coastal Program Amendment consistent with the zoning General Plan of the subject master plan property? n7. ANALYSIS A. ZonindGeneral Plan Consistencv The zoning of the subject properties is implemented by the Aviara Master Plan. existing, approved Aviara Master Plan is, in turn, consistent with the City's General PlaI in fact implements the General Plan and the LCP. By virtue of their approval, the 1 minor master plan amendments covered by this LCP amendment do not conflict wit1 General Plan or the Aviara Master Plan. As minor development standard modificatio the four above outlined planning areas, no changes or impacts to coastal land use PO or practices are involved. The approval of this LCP amendment is, in fact, necessa bring the zoning, General Plan and LCP for the subject sites into conformance with other and will formally acknowledge minor master plan amendments MP 177(J), MP 17' and MP 177(N) from a coastal regulations/LCP standpoint. - 0 LCPA 95-03 - AVIARA c CP AMENDMENT AUGUST 16, 1995 PAGE 3 V. ENVIRONMENTAL REVIEW The Planning Director has determined that the proposed LCP amendment is categoric exempt from environmental review pursuant to Section 15305 of the State CEQA Guideli (Class 5) which consists of minor alterations in land use limitations which do not resul any changes in land use or density. A Notice of Exemption dl be issued by the Planr Director upon project approval by the City Council. A'ITACHMENTS 1. 2. Location Mag 3. Disclosure Form 4. 5. Planning Commission Resolution No. 3787 Planning Commission Resolution Nos. 3674, 3735, and 3775 Exhibit "A', dated August 16, 1995, Master Plan Text Changes Pursuant to 177(M), Planning Commission Resolution 3735. WMvd lb Jmh 13. 1995 1 2 3 4 5\ 6 7 8 9 10 11 12 19 14 15 16 l7 18 19 20 21 22 23 24 25 26 27 28 0 a PLANNING COMMISSION RESOLUTION NO. 3787 A RESOLUTION OFTHE PLANNING COMMISSION OFTHE cr OF CARLSBAD, CALIFORNIA, RECOMMENDINGAPPROVAL' AMEND THE EXISTING LOCAL COASTAL PROGRAM ' ACKNOWLEDGE AND INCORPORATE THREE PREVIO MINOR MASTER PLAN AMENDMENTS TO THE AVIAI MASTER PLAN AFFECTING PLANNING AREAS 7,13,15, AND TO ENSURE CONSISTENCY BETWEEN THE CITY'S GENER PLAN, THE AVIARA MASTER PLAN AND THE LCP, ( PROPERTY GENERALLY LOCATED NORTH OF BATIQUIT LAGOON, SOUTH OF ALGA ROAD AND EAST OF THE FREEWAY. CASE NAME: AVIARA LCP AMENDMENT A LOCAL COASTAL PROGRAM AMENDMENT (LCPA 95-03) ' CASE NO: LCPA 95-03 WHEREAS, California State Law requires that the Local Coastl General Plan, and Zoning for properties in the Coastal Zone be in conformal WHEREAS, MP 177 constitutes the zoning for the Aviara Master P1; the implementing ordinance for the subject Coastal Zone property; and WHEREAS, three minor master plan amendments to the Aviara Mast 177) have received final City approvals and a verified amendment application t Coastal Program has been filed with the Planning Department; and WHEREAS, said verified application constitutes a request for an an- provided in Article 15 of the California Coastal Commission Administrative 1 and WHEREAS, the previously approved amendments to the Master Plai amendment to the Local Coastal Program (LCP) to ensure conformance t regulatory documents; and WHEREAS, the City in compliance with State Administrative regulat a six week public review for the proposed LCP amendment; and WHEREAS, the Planning Commission of the City of Carlsbad, on Aug held a public hearing to consider the recommendations and heard all persons i 1 2 3 4 5 6 7 8 9 10 11 12 13 ’ 4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PC: 0 or opposed to Local Coastal Program Amendment LCPA 95-03: and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning of the City of Carlsbad, California, as follows: 1. 2. That the above recitations are true and correct. That the proposed LCP amendment is consistent with approvec master plan amendment Nos. MP 177(J), MP 177(M) and MP 1770. 3. That the proposed LCP amendment is consistent with all applic of the Mello I and East Batiquitos Lagoon segments of the City’s Local Coa That the proposed LCP amendment is required to achieve i consistency between the Aviara Master Plan, the City’s General Plan and I Program. 4. 5. That, because the Aviara Master Plan is the implementing ord Local Coastal Program, the findings and conditions of Planning Commission Re 3674 (MP 177(J)), 3735 (MP 177(M)), and 3775 (MP 177(N)), incorporat reference, constitute the findings of and conditions of the Planning Comm matter: and the amendment to the Local Coastal Program, LCPA 954 ~ RECOMMENDED FOR APPROVAL. .... .... .... .... .... -- .... .--. RES0 NO. 3787 2 It 1 2 3 4 5 6 7 8 9 10 11 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I PC 0 a PASSED, APPROVED, AND ADOFTED at a regular meeting oj Commission of the City of Carlsbad, California, held on the 16th day of Au the following vote, to wit: AYES: Chairperson Welshons; Commission( Monroy, Nielsen and Savary NOES: None ABSENT: Commissioners Erwin and Noble ABSTAIN: None KIM WELSHONS, Chairperson CARLSBAD PLANNING COMh ATTEST: MICHAEL J. ~LZ~LER Planning Director RES0 NO. 3787 3 AIRPORT - :I I I I I I I I I 1: I I I I I m I m I I I m I I I I I I I I I I I I I I I I I I I m I I - = BATIQulT0sLM;OoN AVIARA MASTER PLAN I?A.'S 7,13,15,28 LCPA 95-03 - Q eit D[SCLCSLE ST.%EVE.UT SatCAoWi STA'EUEW CF %iC;CSLGE CF CETAIN CWNE7SHlP I"??:ES'f ON ALL APPUCATONS &HICH wl~~ S,SC;'E;;CNA;~Y ACON CN Y*E ~AZ CF "HE CP CZLNC:L CR ANY APXI~=~ mAao COMMISS~CN CR c~:M~TT;~ 'Fieas2 ?rrnrf -ns fcilcwing Information must be discfosed: 1 A o o I ica nt 'kst the names and addresses of all persons naving a financial interest in the application. Aviara Land Associates Limited Partnershiu 2011 Palomar Airport Road Suite 206 Carlsbad, CA 92009 Owner Lst the names and addresses of all persons having any ownership interest in the property in Aviara Land Assoc';_ates Limited Partnershiu 2011 Palomar Airport Road Suite 206 - 2. d- CA 93.Ofl39 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list addresses of all individuals owning more than 10% of the shares in the corporation Or owning interest in the partnership. N/A 4. if any person identified pursuant to (I) or (2) above is a non-profi organization or a trust. lis addresses of any person serving as officsr or director of the non-profd organization or aS trust of the trust. A FRM00013 8/90 2075 Las Palmas Orive - Carlsbad. Californla 92009-4859 a (619) 43E 'C P, 0 - - , c! cs ur e St at e ment Have you had kore than 3255 wcrth cf kusiness trarISaCed with any member of City s CommlsSiOnS, Ccmrr,iz:aes and Ccunai withr: !he past hveive rnantfrs? yes __ N+ It yes. pleasa indicaie zerscn(s) J~~,~~ ,, d.trn.d u 'Any 1nbivldu.1. hrm. CaCunermiO. iaim vam.ue. usacilflon. mcid :LE. tracernd organcruan carzorafIon .SI: re~a~~.~ ryndtcate. IS and any atnrr couny. cry and :cum. C;Y muntcrdq. dtsma of amu WmcJ subdwrtan. or my otner :ornomatron acung u unn' - Owner: Applicant: Aviara Land Associates Limited Partnership, a Delaware limited partnership Aviara Land Associates Limited p; a Delaware limited partnership /Scott M. Medansky/Asst. Sei Date: C, IIn(vx $ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 l6 17 18 19 20 21 22 23 24 25 26 27 28 0 0 PLANNING COMMISSION RESOLUTION NO. 3674 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MINOR MASTER PLAN AMENDMENT REQUEST TO ALLOW 30 FOOT HIGH HOMES WITHIN AVIARA PLANNING AREA 28, GENEWY LOCATED SOUTH OF BATIQUITOS DRIVE 3ETVEEN AVIARA DRIVE AND KESTRAL DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: CASE NO: MP 177(n WHEREAS, a verified application for certain property to wit: Lot 7 of Carlsbad Tract No. 89-37, according to Map No. 12967, filed in the Office of the County Recorder on September 16th, 1992, in the City of Carkbad, San Diego County. AVIARA PA 28 BUILDING HEIGHT has been filed with the City of Carlsbad and referred to the Planning Commisz WHEREAS, said verified application constitutes a request as prow 177 and by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 4th day of Jan hold a public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and cons arguments, if any, said Commission considered all factors relating to MP 177(J NOW, THEREFORE, BE IT HEREBY RESOLVED by thc Commission as follows: A) B) That the above recitations are true and correct. That based on the evidence presented at the public hearing, the C recommends APPROVAL of MP 177(J), according to Exhibit "2, dated 1995, attached hereto, based on the following findings and subject to th conditions: Findings: 1. The proposed master pian amendment is minor in nature because it does addition of a new use or group of uses not shown on the original master rearrangement of uses within the master plan. a change in the densities or the boundaries of the subject property, or 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a e 2. The proposed master plan amendment requires processing through hearing process because of the interest Planning Area 28 has recei previous public hearings. The proposed master plan amendment is consistent with the intent of master plan (MP 177) and its applicable amendments (MP 177(B) and because' the additional development standards and design criteria functional equivalent to the previously restricted building height. The potential environmental impacts caused by this master plan amen already been considered through EIR 83-02(A) and no additional 3. 4. measures are required since the maximum building height for Planni considered by EIR 83-02(A) was 28 feet to the mid-point of the ra proposed amendment would allow buildings up to 26 feet to the mid-I roof. The proposed development as described by the master plan amendment is consistent with the General Plan. All necessary public facilities can be provided concurrent with need ar provisions have been provided to implement those portions of improvement program applicable to the subject property. The residential and open space portions of the community will co environment of sustained desirability and stability, and it will in harm4 provide compatible variety to the character of the surrounding area, ar for public facilities, such as schools, playgrounds and parks, are adequ: the anticipated population and appear acceptable to the public authori jurisdiction thereof. The commercial use will appropriate in area, location, and overall de purpose intended. The design and development standards are such as t environment of sustained desirability and stability. Such developmen performance standards established 0y Title 21 of the Carlsbad Municip In the case of recreational or similar non-residential uses, such developn proposed, and surrounding areas are protected from any adverse effect5 development. The streets and thoroughfares proposed are suitable and adequate tc anticipated traffic thereon. Any commercial development can be justified economically at the locatio and will provide adequate commercial facilities of the types needed at su proposed. The area surrounding the development is planned and zoned in coordi substantial compatibility with the development. 5. 6. 7. 8. 9. 10. 11. 12. PC RES0 NO. 3674 -2- I 1 2 3 I 4 I !3 ~ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e Conditions; 1. Approval is granted for MP 117(J), as shoujn on Exhibit “Aand “Z”, dai 4, 1995, incorporated by reference and on file in the Planning C Development shall occur substantially as shown unless otherwise notc conditions. No revisions to the building height allowance for any lo1 without being approved through a master plan amendment. Approval is granted for MP 177(5) subject to the condition that, prior of any Site Development Plan within Planning Area 28, a deed restrictio on all residential lots created by Carlsbad Tract 90-31 specifying the building height and referencing the special design guidelines and d standards contained in the master plan text (as shown in Exhibit “Z”, dal 4, 1995, attached hereto). Approval is granted for MP 177(5) subject to the condition that specime shrubs be incorporated into the landscaping plan for the internal project those slopes along the southern boundary of Planning Area 28, to the sal the Planning Director, during Site Development Plan review. Al landscaping must be installed prior to occupancy of any unit within Pla 28. 2. 3. .... .... .... .... .... ..*. .... .... .... PC RES0 NO. 3674 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 l5 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e PASSED, APPROVED, AND ADOPTED at a regular mee Planning canmission of the city of Carlsbad, Caiifornia, held on the 4th day 1995, by the following vote, to wit: AYES: NOES: ABSENT: None. ABSTAIN: None. Commissioners Compas, Monroy, Nielsen, Noble, Chairperson Welshons and Commissioner Erwin. KIM WI~LSHONS, Chairperson CARLSBAD PLANNING COMMIS ATTEST Mm- PLANNING DIRECTOR . -4- PC RES0 NO. 3674 'XHIBIT sZ" e .~anuary 4, 1995 PLANNJNG AREA 28: SINGLE FAMILY RESIDENTIAL DESCRIPTION: This 45.6 acre planning area located at the southwest corner of the Aviara Re and Country Club Master Plan consists of single family homes. This neighbor is located along the north shore of Batiquitos Lagoon on the south sidc Batiquitos Drive just west of the 1st hole of the golf course. DEVELOPMENT STANDARD: R-1-10 All development in this planning area shall conform to the standards of th 1 10,000 One-Family Residential zone described in Chapter 21.10 of the Carl Municipal Code unless otherwise noted in this chapter. USE ALLOCATION; Maximum of 66 residential units (1.44 DU/AC). Private recreation facilities shall be allowed in conjunction with residential units and area a requirement of the planning area. PERMITTED USES : Single family residential housing. SITE DEVELOPMENT STANDARDS: Heiaht : The maximum height in this planning area is 30 feet to the peak of the I To ensure variety in roof heights, a minimum of 40% of the units shall k higher than 22 feet. All heights shall be measured to the peak of the hi< roof as defined by Section 21.04.065 of the Carlsbad Municipal Code. The maximum building height for each residential lot in this planning are as follows: MAX. MAX. MAX. I4YJ HEIGHT St) - LOT HEIGHTG'kl LOT HEIGHTlFt) 1 30 24 22 47 22 2 30 25 30 48 22 3 30 26 30 49 30 4 30 27 22 50 22 5 22 2% 30 51 30 6 22 29 30 52 30 7 30 30 22 53 30 8 22 31 30 54 30 9 22 32 22 55 30 10 22 33 Open Space 56 30 11 30 34 street 57 30 l2 30 35 30 58 30 13 30 36 22 59 22 14 30 37 22 60 22 15 22 38 30 61 22 16 30 39 22 62 22 17 22 40 30 63 22 18 22 41 30 64 Open space 19 30 42 22 65 street 20 22 43 22 21 30 44 30 22 30 45 30 23 22 46 22 179 e a Rooflines: To ensure a variety of roof angles, all structures shall provide a minimun 10 roof planes. Exterior wallg: On all two story homes, the front and rear elevations of the second story shall be set back a minimum of 10 feet from the face of the ground floor. side elevation shall not exceed 30 feet in length without a vertical offec at least 3 feet starting at the foundation and extending through the entii structure. Lot Size : be 70 feet except that lots fronting on a knuckle or cul-de-sac shall not less than 50 feet in width. At lest 15% of the lot area shall be reserve1 open space. This open space shall be located in the rear yard and shall 1 exceed a gradient of 5%. Setbacks: all grading and structures except for trail. related features. All structi shall be setback a minimum of. 35 feet from Batiquitos Drive. The standarl front yard setback shall be 20 feet. In order to provide a variety of frt yard setbacks, a minimum of 37 units shall have 26-foot setbacks. The mi? side yard setback shall be 10 feet. All other setbacks shall be per Chap 21.10 of the Carlsbad Municipal Code. Additional front, rear and/or side yard Setbacks may be required for thos yards facing the lagoon. Parkinsr ; Parking shall conform to the standards of Chapter 21.44 of the Carlsbad Municipal Code. SPECIAL DESIGN CRITERIA; Desim: Elements of Chapter IV shall be incorporated into this planning area. TI following specific guidelines shall also be included in Planning Area 28: The minimum lot size shall be 10,099 square feet, The minimum lot width : A minimum setback of 150 feet from the wetlands boundary shall be observe1 All community-wide design standards described in Section A, Community Des * As shown on the Special Design Criteria exhibit for this planning area, the identified natural slopes and tree groves shall be preserved and maintained as open space. Strong architectural relief features shall be incorporated j all structures visible from Batiquitos Drive and La Costa Avenue. All dwelling units shall be constructed of darker colored materials to reduce visibility from La Costa Avenue and Batiquitos Drive. * * * Prior to the issuance of building permits, structural eleval shall be submitted for review and approval by the Planning Director l 4. 179 (a) P 6 (to be presen Desiitatian Basin B ATlQ U IT0 S LAGOO N Key Map Legend fi Entry Treatment Scenic Point VISW Orientation & /ti\ J /,I \k?$ I a &/ -r Design Criteria - Planning Area 28 Exhibit V- 5 4. - Amended 2/ 5/91 iao re e e Entrv Treatment: A neighborhood entry way shall be located at the intersection of Batiquitc Drive and the westerly most intersection. As an option, this planning are may be developed as a gated neighborhood. Fenc ine: : A solid fence or wall not to exceed 6-feet in height shall be located at t top of slope of all lots located along Batiquitos Drive. This wall/€ence shall be designed to incorporate landscaped popouts/insets and other relie features. An open fence shall be located at the top of slope of all lots adjacent to Batiquitos Lagoon. Landscaue: Design Elements of Chapter IV shall be incorporated into this planning arg In addition, the following specific landscape concepts shall be included 2 the development of this planning area: All camunity-wide landscape standards described in Section A, Community * The dominant unifying landscape elements for this planning ai shall be pre-selected street trees, common landscape areas a slopes planted prior to homeowner occupation. homeowner landsc-apes shall vary. Specimen landscaping shall be incorporated into this neighborhood to screen the dwelling units from 1-5, La Costa Avenue and Batiquitos Drive. Preservation of views to and from the golf course and lagoon shall be respected. Common streetscape areas shall conform to community requirements. Street trees, landscape planting intensity zo paving, entry monuments, irrigation systems, walls, fences, lighting, etc., have been pre-determined to provide consiste in design and quality. Individual * * * * Existing trees identified during Site Development Plan revie shall be preserved. A fire suppression zone subject to the approval of the Plann Director and Fire Marshall shall be established between nati areas and structures. incorporate structural setbacks from native areas in combin; with a program of selective thinning of native vegetation a: indicated in the "Fire Suppression Landscape Guidelines for Undisturbed and Revegetated Native Plant Communities" provic that no portion of Zone 1 as defined in the "Guidelines" shi encroach upon deed restricted open space areas required as I of the approval of the Master Plan. All elements of the fi~ suppression plan, including the location of zone boundaries, selective thinnhg programs shall be subject to the approval the Planning Director. Any deviation from the "Fire Suppre! Guidelines" shall be the subject of future local coastal prc amendments. * The fire suppression plan should 4. Amended ' 181 0 0 Open SDace: Manufactured slope areas shall be maintained as open space. The undevelol areas along the western, southern and eastern boundaries as depicted on ti Special Design Criteria exhibit for this planning area shall be preserved protected as natural open space. The undeveloped area between Planning A 28 and 30 shall also be maintained as natural open space. Existing eucal trees located in these open space areas described above shall be maintain, the community open space maintenance district. Trails : A trail system shall be located along the north shore of Batiquitos Lagoo consistent with that approved as part of the Batiquitos Lagoon Enhancemen * Plan. Grading : Any development within this planning area shall comply with the City's Hillside Development Regulations and the slope and resource preservation policies of the underlying local coastal program and subsequent coastal permit. Any application for development within this planning area shall require a slope analysisfiiological resource map during Site Development review. No grading shall be allowed within 150 feet of the wetlands boun 4. 182 Amended ' 1i 2 3 4 5 6 7 8 9 10 l1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 PLANNING COMMISSION RESOLUTION NO. 3735 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MINOR MASTER TRACT MAP ON PROPERTY GENERALLY LOCATED WITHIN THE AVIARA MASTER PLAN AT THE SOUTHERN END OF BLACK RAIL COURT. CASE NAME: ALDEA I1 PLAN AMENDMENT AND A 9-LOT/54-uNIT TENTATIVE CASE NO: MP 177(M)/CT 94-03 WHEREAS, a verified application for certain property to wit: Parcel 6 of Parcel Map No. 16451, filed in the Office of the County Recorder of San Diego County on April 15,1991, in the City of Carlsbad, State of California has been filed with the City of Carlsbad and referred to the Planning Commiss WHEREAS, said verified application constitutes a request for ap Minor Master Plan Amendment pursuant to Section 21.38.120 and a Tentative It Map pursuant to Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 21st day of 1994, hold a duly noticed public hearing as prescribed by law to consider said r WHEREAS, at said public hearing, upon hearing and considering a and arguments, if any, of all persons desiring to be heard, said Commission co1 factors relating to the Minor Master Plan Amendment and Tentative Tract M NOW, THEREFORE, BE IT HEREBY RESOLVED by th Commission as follows: A) B) That the above recitations are true and correct. That based on the evidence presented at the public hearing, the ( recommends APPROVAL of Minor Master Plan Amendment MP 1' Tentative Tract Map, CT 93-04, based on the following findings and su following conditions: 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 e 0 FindinPs: 1. This project will not cause any significant'environmental impacts and Declaration has been issued by the Planning Director on October 1, RECOMMENDED FOR APPROVAL by the Planning Commission on De 1994. In approving this Negative Declaration the Planning Comn considered the initial study, the staff analvsjs, all required mitigation me any written comments received regarding the significant effects this pr have on the environment. The project is consistent with all City public facility policies and ordinancl Planning Commission has, by inclusion of an appropriate condition to t ensured building permits will not be issued for the project unless t Engineer determines that sewer service is available, and building cannot c the project unless sewer service remains available, and the Planning Coi satisfied that the requirements of the Public Facilities Element of the Gc have been met insofar as they apply to sewer service for this project. The Carlsbad Unified School District has written a letter, dated Augu! stating that school facilities will be available to this project. All necessary public improvements have been provided or will be I conditions of approval. The applicant is by condition, required to pay any increase in public fac new construction tax, or development fees, and has agreed to abide by any requirements established by a Local Facilities Management Plan prepan to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure availability of public facilities and will mitigate any cumulative impacts crc project. This project is consistent with the City's Growth Management Ordinan been conditioned to comply with any requirement approved as part o Facilities Management Plan for Zone 19. The project is consistent with the City's landscape policies as it has been c to comply with the requirements of the Landscape Manual. The proposed Master Plan Amendment has been found to be minoi because it will not change the densities or boundaries of the subject involve a new use or group of uses not shown on the original Mas1 rearrange uses dthin the Master Plan. That the proposed development, including the proposed building height, i by Master Plan 177 is consistent with the provisions of the general pl applicable specific plans. 2. 3. 4. 5. 6. 7. 8. 9. PC RES0 NO. 3735 -2- 1 2 3 4' 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a 0 10. That all necessary public facilities can be provided concurrent wit adequate provisions have been provided to implement those portions o improvement program applicable to the subject property. That the residential and open space portions of the community will c environment of sustained desirability and stability, and that it will be in h or provide compatible variety to the character of the surrounding area, sites proposed for public facilities, such as schools, playgrounds anc adequate to serve the anticipated population and appear acceptable tc authorities having jurisdiction thereof. That the streets and thoroughfares proposed are suitable and adequate anticipated traffic thereon. That the area surrounding the development is or can be planned a1 coordination and substantial compatibility with the development. That the proposed open space area is equal to or greater than the area the Official Open Space and Conservation Map. That the proposed open space area is of environmental quality equal tc than that depicted on the Official Open Space and Conservation Map. That the proposed open space, as depicted on the Official Open Conservation Map, is contiguous or within close proximity to open spat on the Official Open Space Map. The project is consistent with the City's General Plan since the proposec less than the allowed 192 units specified for the site by the Aviara Ma The proposed project is compatible with the surrounding future land surrounding properties are designated for residential and golf course dl on the General Plan. The site is physically suitable for the type and density of the developmei site is adequate in size and shape to accommodate residential develop] density proposed. That the design and improvement sf the tentative map as conditioned, requirements of any applicable specific plans, Title 20, and Title 21 of tl: Municipal Code, and the State Subdivision Map Act, and will not cai public health problems. That the design of the subdivision or the type of improvements will not c easements of record or easements established by court judgement, acqu public at large, for access through or use of property within the proposed s 11. I 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. PC RES0 NO. 3735 -3- 1 2 3 4 5 f3 7 8 9 10 11 12 13 14 15 16 1 ’ 18 19 20 21 22 23 24 25 26 27 28 9 e 22. That subject to the exceptions contained in Section 66474.4 of the State t Code, the property is not subject to a contract entered into pursuant Conservation Act of 1965 (Williamson Act) and the parcels resultix subdivision would be too sman to sustain agricultural use according to th of Section 66474.4 of the State Government Code. That the design of the subdivision provides, to the extent feasible, for f\; 23. or natural heating or cooling opportunities in the subdivision. Conditions: PlanninP Conditions: I.. Approval is granted for CT 94-03, as shown on Exhibit(s) “A - “J”, date 21, 1994, incorporated by reference and on file in the Planning I Development shall occur substantially as shown unless otherwise not conditions, and approved by the Planning Director or City Engineer. The developer shall pravide the City with reproducible 24” X 36lj mylar c Tentative Map and Site Plan as approved by the Planning Commir Tentative Map and Site Plan shall reflect the conditions of approval by th Map and Plan copies shall be submitted to the City Engineer and appro’ building, grading, final map, or improvement plan submittal, whichever A 500’ scale mylar of the subdivision shall be submitted to the Plannil prior to the recordation of the final map. Said map shall show all lots within and adjacent to the project. This project is approved upon the express condition that building permih issued for development of the subject property unless the Districi determines that sewer facilities are available at the time of application for permits and will continue to be available until time of occupancy. This nl placed on the final map. This project is also approved under the express condition that the applic public facilities fee adopted by the City Council on July 28, 1987 (amen 1991) and as amended from time to time, and any development fees est the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Co ordinance adopted to implement a growth management system of fa improvement plan and to fulfill the subdivider’s agreement to pay the pub fee dated April 20, 1994, a copy of which is on file with the City Ci incorporated by this reference. If the fees are not paid this application consistent with the General Plan and approval for this project will be vc Water shall be provided by the Carlsbad Municipal Water District. 2. 3. 4. 5. 6. PC RES0 NO. 3735 4- 1 2 3 4 5 6 7 a 9 10 ’ 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e 7. This project shall comply with all conditions and mitigation required by Local Facilities Management Plan approved by the City Council on D 1987, incorporated herein and on file in the Planning Department an( amendments to the Plan made prior to the issuance of building permit If any condition for construction of any public improvements or facil payment of any fees in lieu thereof, imposed by this approval or impose this project are challenged this approval shall be suspended as Government Code Section 66020. If any such condition is determined 1 this approval shall be invalid unless the City Council determines that without the condition complies with all requirements of law. 8. 9. Approval of this request shall not excuse compliance with all sections 01 Ordinance and all other applicable City ordinances in effect at time permit issuance. Approval of CT 94-03 is granted subject to the approval of PUD 94-02 The applicant shall establish a homeowner’s association and correspondin conditions and restrictions. Said CC&Rs shall be submitted to and app: Planning Director prior to final map approval. All visitor parking spaces shall be striped a different color than the assig. parking spaces and shall be clearly marked as may be approved by t Director. The applicant shall submit a street name list consistent with the City’s policy subject to the Planning Director’s approval prior to final map ai An exterior lighting plan including parking areas shall be submitted i Director approval. All lighting shall be designed to reflect downward ai impacts on adjacent homes or property. No outdoor storage of material shall occur onsite unless required by thc In such instance a storage plan will be submitted for approval by the Fii the Planning Director. Automatic garage door openers and roll-up type garage doors shall be garages for all units. The applicant shall prepare a detailed landscape and irrigation plan wl or building plans, whichever occurs first. All landscaped areas shall be maintained in a healthy and thriving COI from weeds, trash, and debris. 1.0. 1.1. 112. 113. 14. 115. !16. 117. submitted to and approved by the Planning Director prior to the approvi :18. PC RES0 NO. 3735 -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 e m 19. All landscape and irrigation plans shall be prepared to conform with the Manual and submitted per the landscape plan check procedures on Planning Department. The applicant shall pay a landscape plan check and inspection fee as I Section 20.08.050 of the Carlsbad Municipal Code. The first set of landscape and irrigation plans submitted shall include bui’ improvement plans and grading plans. Any signs proposed for this development shall at a minimum be c conformance with the City’s Sign Ordinance and shall require review ax of the Planning Director prior to installation of such signs. Building identification and/or addresses shall be placed on all new a buildings so as to be plainly visible from the street or access roac identification and/or addresses shall contrast to their background color. The developer shall display a current Zoning and Land Use Map in the at all times, or suitable alternative to the satisfaction of the Planning D All sales maps that are distributed or made available to the public shall not be limited to trails, future and existing schools, parks, and streets. As part of the plans submitted for any permit plan check, the applicant SI a reduced, legible version of the approving resolutionhesolutions on i blueline drawing. Said blueline drawing(s) shall also include a copy of an) Coastal Development Permit and signed approved site plan. Prior to approval of the Final Map, the applicant shall receive approval ( Development Permit issued by the California Coastal Commission that s conforms to this approval. If the approval is substantially different, an i to CT 94-03PUD 94-02 shall be required. Prior to the recordation of the first final tract map or the issuance permits, whichever occurs first, the owner of record of the property boundaries of this tentative tract map shall prepare and record a noti property is subject to overflight, sight, and sound of aircraft operating fra Airport in a manner meeting the approval of the Planning Director a Attorney. The applicant shall evaluate the possibility of expanding the proposed pool size to 75 feet (along one edge) and shall expand the pool according applicant) determines such expansion is feasible. 20. 21. 22. 23. 24. 25. 26. 2’7. 28. 29. .... PC RES0 NO. 3735 -6- 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 e a Engineering Conditions: 30. This project is located within the Aviara Master Plan, Carlsbad Tract Zone 19 Local Facilities Management Plan. All development design s with the requirements and conditions of these documents, and any a thereto. This project is located within the hlello I Local Coastal Plan. All d design shall comply with the erosion control, grading, and drainage requ that plan. Unless a standards variance has been issued, no variance from City S authorized by virtue of approval of this tentative map. The applicant shall comply with all the rules, regulations and design requ the respective sewer and water agencies regarding services to the projec The applicant shall be responsible for coordination with SDG&E, 1 Telephone, and Cable TV authorities. If the applicant chooses to construct out of phase, the new phasing must b and approved by the City Engineer and Planning Director, and all imI required by previous contiguous phases shall be constructed. The applicant shall provide an acceptable means for maintaining t easements within the subdivision and all the private: streets, sidewalks, SI storm drain facilities and sewer facilities located therein and to distribut of such maintenance in an equitable manner among the owners of the within the subdivision. Adequate provision for such maintenance shall E with the CC&Rs subject to the approval of the City Engineer prior to appr final map. All concrete terrace drains shall be maintained by the homeowner’s assc on commonly owned property) or the individual property owner (if on an ii owned lot). An appropriately worded statement clearly identifying the res shall be placed in the CC&Rs. The following statements shall be included in the CC&Rs: 31. 32. 33. 34. 35. 36. 37. 38. - No structure, fence, wall, tree, shrub, sign, or other object over above the street level may be placed or permitted to encroach withi identified as a sight distance conidor on the final map. The 1 property owner shall maintain this condition. - An ongoing program to remove dirt, litter, and other debris from t of private streets and common recreational areas by means of streei and other means shall be established and enforced. PC RES0 NO. 3735 -7- 1 2 3 4 5 6 7 8 9 lo 11 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 26 Z7 28 0. * - The homeowner's association shall coordinate the use of the City's program to assist residents with the removal and proper disposal hazardous waste products. - Toxic chemicals or hydrocarbon compounds such as gasoline, antifreeze, solvents, paints, paint thinners, wood preservatives, an( fluids shall not be discharged into any street, public or private, 01 drain or storm water conveyance systems. Use an disposal of fungicides, herbicides, insecticides, fertilizers, and other sucl treatments shall meet federal, state, county, and city requii prescribed in their respective containers. Best Management Practices shall be used to eliminate or redl pollutants when planning any changes to the landscaping a improvements. 39. Approval of this tentative tract map shall expire twenty-four (24) mod date of City Council approval unless a final map is recorded. An extens requested by the applicant. Said extension shall be approved or den discretion of the City Council. In approving an extension, the City Cc impose new conditions and may revise existing conditions pursuant 20.12.110(a)(2) Carlsbad Municipal Code. The applicant shall defend, indemniQ and hold harmless the City and officers, and employees from any claim, action or proceeding against the agents, officers, or employees to attack, set aside, void or null an apprc City, the Planning Commission or City Engineer which has been brought City within the time period provided for by Section 66499.37 of the Subdi Act. Prior to issuance of a building permit for any buildable lot within the subdi property owner shall pay a one-time special development tax in accordancc Council Resolution No. 91-39. Prior to approval of the final map, the applicant shall pay the current loca area fee or shall construct drainage systems in conformance with Master Plan and City of Carlsbad Standards as required by the City Engineer. Prior to approval of the final map, the applicant shall pay all cuneni deposits required. Prior to approval of the final map, the owner of the subject property sha an agreement holding the City harmless regarding drainage across the property- The subject property is within the boundaries of Assessment District No. t Road). Upon the subdivision of land within the district boundaries, the a 40. 41. 42. 43. 44. 45. PC RES0 NO. 3735 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e m pass through assessments to subsequent owners onl~ if the owner ha! Special Assessment District Pass-through Authorization Agreement. Saic contains provision regarding notice to potential buyers of the am assessment and other provisiOns and requires the owner to have each b and execute a Notice of Assessment and an Option Agreement. In the el owner does not execute the Authorization Agreement, the assessment ox property must be paid off in full by the owner prior to final maD auurc AS required by state law, prior to the recordation of a final map ove; subject property, the subdivider shall submit to the City an app segregation of assessments along with the appropriate fee. A segreg required if the applicant pays off the assessment on the subject property recordation of the final map. In the event a segregation of assessn recorded and property is subdivided, the full amount of assessment wil the tax bills of & new lot. Prior to the issuance of a grading permit or building permit, whichever the developer shall submit proof that a Notice of Intention has been subn State Water Resources Control Board. Based upon a review of the proposed grading and the grading quantitie the Tentative Map, a grading permit for this project is required. Prior 1 in accordance with City Codes and Standards. No grading shall occur outside the limits of the subdivision unless a gradi easement is obtained from the owners of the affected properties. If the ( unable to obtain the grading or slope easement, no grading permit will In that case the applicant must either amend the Tentative Map or modif so grading will not occur outside the project site in a manner which st conforms to the approved Tentative Map as determined by the City En Planning Director. Prior to hauling dirt or construction materials to or from any proposed cc site within this project, the applicant shall submit to and receive approv; City Engineer for the proposed haul route. The applicant shall comp conditions and requirements the City Engineer may impose with rega 46. 47. 48. of the F'inaI Map, the applicant must submit and receive approval for grr 49. 50. hauling operation. 5 1. The developer shall exercise special care during the construction phase of t to prevent offsite siltation. Planting and erosion control shall be p: accordance with the Carlsbad Municipal Code and the City Engineer. Chapter 11.06. Rain gutters must be provided to convey roof drainage to an approved course or street to the satisfaction of the City Engineer. 52. PC RES0 NO. 3735 -9- I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 * 53. Additional drainage easements may be required. Drainage structui provided or installed prior to or concurrent with any grading or buildir may be required by the City Engineer. The owner shall make an offer of dedication to the City for all public easements required by these conditions or shown on the Tentative Map shall be made by a certificate on the Final Map for this project. All Ianl shall be granted to the City free and clear of all liens and encumbrances cost to the City. Streets that are already public are not required to be 1 Plans, specifications, and supporting documents for all public improvemt prepared to the satisfaction of the City Engineer. Prior to approval of thc in accordance with City Standards, the applicant shall install, or agree tc secure with appropriate security as provided by law, improvements shc Tentative Map and the following improvements: a. * 54. 55. Alga Road, between Mimosa Street and El Camino Real, to ma standards and to the satisfaction of the City Engineer. This obli satisfaction of the City Engineer. be shared with other projects having a similar condition 5 A note to this effect shall be placed on an additional map sheet on the fin the provisions of Sections 66434.2 of the Subdivision Map Act. Improven above shall be constructed within 18 months of approval of the secured im agreement or such other time as provided in said agreement. Prior to approval of the Final Map for this project, the design of all pri~ and drainage systems shall be approved by the City Engineer. The structu of all private streets shall conform to City of Carlsbad Standards based ( tests. All private streets and drainage systems shall be inspected by the Ci standard improvement plan check and inspection fees shall be paid prior t of the Final Map for this project. The private sidewalk shall be kept clear of all obstructions including, but 1 to, fire hydrants, maiI boxes, and street lights. 56. 57, Water Conditions: 58. The entire potable water system, reclaimed water system and sewer systei evaluated in detail to ensure that adequate capacity, pressure and flow del be met. The Developer shall be responsible for all fees, deposits and charges whj collected before and/or at the time of issuance of the building pennit. Diego County Water Authority capacity charge will be collected at is: application for meter installation. 59. PC =sa NO. 3735 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 fl3 19 20 21 22 23 24 25 0 60. Sequentially, the Developer's Engineer shall do the following! A. Meet with the City Fire Marshal and establish the fire requirements. Also obtain G.P.M. demand for domestic and needs from appropriate parties. Prepare a colored reclaimed water use area map and submit to tl Department for processing and approval. Prior to the preparation of sewer, water and reclaimed water im plans, a meeting must be scheduled with the district Engineer comment and approval of the preliminary system layouts and u B. C. GPM - EDU). 61. This project is approved upon the expressed condition that building perm be issued for development of the subject property unless the water district development determines that adequate water service and sewer facilities ar at the time of application for such water service and sewer permits and wi to be available until time of occupancy. This note shall be placed on the PASSED, APPROVED, AND ADOPTED at a regular meeti Planning Commission of the City of Carisbad, California, held on the 21st day of 1 1994, by the following vote, to wit: AYES: Chairperson Savary; Commissioners Welshons, Not: Compas, Nielsen, and Monroy. NOES; None. ABSENT: None. ABSTAIN: None. CWBAD PLANNING COMMISSI ATTEST: 1 2 3 4 5 6l 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 I 23 1 24 25 26 i 27 28 0 0 PLANNING COMMISSION RESOLUTION NO. 3775 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALEORNIA, APPROVING A MINOR MASTER PLAN AMENDMENT TO ALLOW A REDUCED FRONT YARD SETBACK ON SELECTED LOTS IN PLANNING AREA 13 (AVIARA POINT) AND RELOCATION OF A "RAIL ALONG AMBROSIA LANE WITHIN PHASE I OF THE AVIARA MASTER PLAN. CASE NAME: AVIARA PA 13 SETBACKSIAMBROSIA LANETRAIL CASE NO: MP 177w WHEREAS, a verified application has been filed with the City and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for a j Amendment as provided by Section 21.38.120 of the Carlsbad Municipal Codc WHEREAS, pursuant to the provisions of the Municipal Code, t Commission did, on the 17th day of May, 1995, consider said request on proper as: Lots 234-301 of Carlsbad Tract No. 85-35, Phase I Unit D according to Map No. 12412, filed in the Office of the County Recorder June 29, 1989; Parcels 3 and 4 of Parcel Map No. 16451, filed in the Office of the County Recorder April 15, 1991; Lot 9 of Carlsbad Tract No. 85-35, Phase I Unit B, according to Map No. 12410, filed in the Office of the County Recorder June 29,1989; City of Carlsbad, County of San Diego, State of California; WHEREAS, at said meeting, said Commission considered all fad to MP 1770. NOW, THEREFORE, BE IT HEREBY RESOLVED by the PI Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and coned. That based on the evidence presented at the meeting, the ( APPROVES MP 1770, according to Exhibits "X" and 'Y", dat 1995, attached hereto and made a part hereof, based on the follow and subject to the following conditions: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 l5 16 17 18 19 20 21 22 23 24 25 26 27 28 0 FindinPs: 1. The proposed master plan amendment is minor in nature, as define 2138.120 of the Carlsbad Municipal Code, because it does not change t or the boundaries of the property or involve an addition of a new use uses not shown on the original master plan or the rearrangement of us4 master plan. The proposed master plan amendment is consistent with the intent 01 Master Plan since it still provides for varied front yard setbacks while en street scene by enticing the use of side-loaded garages and offsetting tb of the single family units, and it provides the necessary community trai the potentially unsafe golf course mute and closer to the school. That the Planning Director has determined that the project is exeml requirements of the California Environmental Quality Act (CEQA) 15303 of the state CEQA Guidelines and will not have any adverse signif on the environment. 2. 3. Conditions: 1. Construction of the relocated master plan community trail along Am1 neighborhood of Planning Area 7 (CT 90-05(B)). The relocated master plan community trail along Ambrosia Lane shall pedestrian amenities including, but not limited to, those shown on Exhi the Aviara Master Plan, to the satisfaction of the Planning Director. shall be completed prior to occupancy of any dwelling units withi 2. .... .... .... , .... .... .... .... .... .... .... PC RES0 NO. 3775 -2- 1 2 !3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 m PASSED, APPROVED, AND ADOPTED at a regular mee Planning Commission of the City of Carlsbad, Calihrnia, held on the 17th day oi by the following vote, to wit: - AYES: Chairperson Welshons; Commissioners Comp Monroy, Nielsen, Noble and Savary. NOES: None. ABSENT: None. ABSTAIN: None. KIM WELSHONS, Chairperson CARLSBAD PLANNING COMMIS ATTEST: MICHAEL J. mLZ€kkLLER Planning Director PC RES0 NO. 3775 -3- v FXHIBIT “X” M - - - - -- - \JLI - u- I rn*LIL x K.C31UClY 1 DESCRIPTION: This 65.4 acre planning area conslsts of a private gated community of s family residential homes. The neighborhood in general is bounded by the course to the east and the west. Access is provided to both Alga Roa Pacific Rim Drive. Home sites generally are located along the central line. The remainder of the site will be reserved as open space. DEVELOPMENT STANDARDS: R-1-8 All development in Planning Area 13 shall conform to the standards of thc one-family residential zone (Carlsbad Municipal Code, Chapter 21.10) ui otherwise noted in this chapter. USE ALLOCATION: Maximum of 72 residential units. (1.1 DU/AC) PERMITTED USES: Single family detached residential units are allowed in this planning are- SITE DEVELOPMENT STANDARDS : Height: The maximum height allowed in this planning area is 30 feet to the peak ol roof. All heights shall be determined per Section 21.04.065 of the Car! Municipal Code. Lot Size: The minimum lot size for Planning Area 13 shall be 8,000 square feet. minimum lot width shall be 70 feet. At least 15% of the lot area shal resenred for open space. This open space shall be located in the rear yard shall not exceed a gradient of 5%. Setbacks : The minimum front yard setback for split-level lots shall be 20 feet. All o setbacks shall maintain a minimum 25 foot front yard setback. include side loaded garages, a minimum 20 foot setback is allowed (for garage) as long as the section of the garage within the 25 foot setback i, greater in width than 40X of the allowed building frontage (lot width minus yard setbacks); and that the ground floor habitable portion of the buil maintain a setback a min- of 40 feet. This reduced front yard setbacl allowable for side loaded garages only. lo living area is allowed insidc above the structure within the reduced setback area. Allnon-ground floorli areas must abide by the minimum 25‘ setback line. The minimum side yard set’ shall be 10 feet. All other setbacks shall be per Chapter 21.10 of the Carl Municipal Code. Parkine: : Parking shall conform to the standards of Chapter 21.44 of the Carlsbad Munic: Code. SPECIAL DESIGN CRITERIA: DesiFn: All community-wide design standards described in Section A of Chapter IV st be embodied in the architecture of this planning area. guidelines shall also be included for this planning area: For units The following spec; * Development shall only be allowed along the ridgetop of this planr area. 121 0 * \,c=- .h-~,b.IE\l- 3; --5 ::,I- EX@ ‘T Y” MAY 17, -& \c- =\. zwz r--1 BATIOUITOS -GOON LEN! s SEccNoAFtyTTwL @ MAXX COrvrMUNlTY TFW TRAOii SYSTEM EXPIE [ - .. E -67- a- AVH-W 0 Existing Trees, :yp. (to be preservecl 3 Natural Slopes (to be preserved) 8 Legend Ke Scanlc Point ? 5 c View Oriontatlon @ i$** Entry Traatmont $!# d @ W a1 IPoncfng trail -+ 4 Design Criteria - Planning kea 7 Ex1 -98- Amendl a W 1 * All structures visible from Alga Road shall be landscaped to soften vi of these structures. All parking lots located along Alga Road shall be fully landscaped ani bermed to screen from view. Where parking lots are provided, a minimum 320 square foot landscaped * * island shall be provided for every ten parking spaces. Street Trees : The frontage along Alga Road shall be planted with Canary Island Pine (Pir canariensis). "A" Street shall be planted with Rusty Leaf Fig (Ficus rubiginosa). Trails : The portion of the major community trail which extends from Alga Road to connecting at the Phase I11 portion of the major comity trail. rn lieu meandering side walks, enhanced amenities are to be provided in the Ambroi Lane right-of-way. A secondary trail is located along the northwest side Alga Road beginning at the above noted trail and extending to the public utility corridor, thence northwesterly within the corridor and ending at 1 tree grove adjacent to the golf course. These trails shall be constructec a condition of development. ODen Space: The public utility corridor shall be maintained as open space. Significa- natural slopes and eucalyptus groves located adjacent to the golf course the westerly boundary of the planning area shall also be maintained as op' space. A tree thinning program shall be submitted to the Planning direct1 for approval. These open space areas shall be maintained by the communit: open space maintenance district. Grading: my deGelopment within this planning area shall comply with the City's Hillside Development Regulations and the slope and resource preserration policies of the underlying local coastal program and subsequent coastal permit. Any application for development within this planning area shall require a slope analysisfiiological resource map during Site Development review. Poinsettia Lane is located along the fw+&y easterly edge of the site an - 100 - - *BIT "A" AUGUST 1( e PLANNING AREA 15: MULTI-FAMILY RESIDENTIAL DESCRIPTION: This 23.3 acre planning area provides for multi-family attached homes. TI neighborhood is bounded on three sides by the 5th and 6th holes of the go course. "J" Street provides site access on the southeasterly side of the planning area from Alga Road. DEVELOPMENT STANDARDS: PD All development in Planning Area 15 shall conform to the development stanc of the PD Ordinance (Carlsbad Municipal Code, Chapter 21.45.090) unless otherwise noted in this chapter. USE ALLOCATION: Maximum of 192 multi-family residential units. Private recreation facilities shall be required in conjunction with the residential units. PERMITTED USES: Multi-family residential housing. Recreational facilities. SITE DEVELOPMENT STANDARDS: Height: The maximum height in this planning area shall not exceed 30 feet. All heights shall be determined per Section 21.04.065 of the Carlsbad Municip Code. Setbacks : line for buildings and 20 feet measured from property line for open parki garages. All structures shall be located a minimum of 20 feet from the t slope adjacent to the golf course. A minimum building separation of 20 f shall be maintained. Parking : Parking shall conform to the standards of Chapter 21.44 of the Carlsbad Municipal Code, SPECIAL DESIGN CRITERIA: Design: - All community-wide design standards described in Section A of Chapter IV be embodied in the architecture of this planning area. guidelines shall also be included for this planning area: (8.2 DU/AC) The minimum front yard setback shall be 20 feet measured from the propert The following spe * Buildings in this neighborhood shall relate strongly to the slo] site and shall avoid large flat pad areas by the incorporation ( stepped building footprints. Revised - 129 - 0 a PLANNING 8 DESIGN REVIEW (Joint) August 16, 1995 PA( 3) LCPA 95-03 - AVIARA LCP AMENDMENT - Request for a Major Local Coastal Program Amendment to reflect three recently approved master plan amendments to the Aviara Mas (the implementing ordinance for the Aviara property) located north of the Batiquitos Lagoc the 1-5 freeway, within the Coastal Zone in Local Facilities Management Zone 19. Chairperson Welshons advised the applicant that they have the right to be heard before a full Cc Associates, 201 1 Palomar Airport Road, Suite 206. Carlsbad, replied that she would like to be hc tonight. Chairperson Welshons advised the applicant that the Planning Commission's decision tonight w recornmendation to the City Council for their consideration. Eric Munoz, Associate Planner, reviewed the background of the request and stated that this iten amendment to the Aviara Master Plan. A change in this master plan will require a change to thi Coastal Plan (LCP). This LCP amendment will retroactively go back and catch three previously master plan amendments which were approved by the City this year in February, March, and Mi the Commission's action tonight, this item will go to the City Council and then to the Coastal Co with the City as an applicant. The proposed LCPA will bring zoning, general plan, and coastal r into conformance with each other as required by state law. Staff recommends approval. Rich Rudolf, Assistant City Attorney, stated that the LCPA will not be retroactive. It will become after it is approved. Chairperson Welshons invited the applicant to speak. Pam Whitcomb, Aviara Land Associates, 201 1 Palomar Airport Road, Suite 206, Carlsbad, addl Board and Commission and stated that she agrees with the staff recommendation and requests of this item. She stated that she would be happy to answer questions. Chairperson Welshons opened the public testimony and issued the invitation to speak. There being no persons desiring to address the Cornmission on this topic, Chairperson Welshon the public testimony closed and opened the item for discussion among the Commission member She inquired if they would like to be continued or be heard tonight. Pam Whitcomb, Aviara Lan, ACTION: Motion was made by Commissioner Compas, and duly seconded, to adopt Pia Commission Resolution No. 3787, recommending approval of LCPA 95-03, bi the findings and subject to the conditions contained therein. Chairperson Welshons, Commissioners Compas, Monroy, Nielsen, and Savar VOTE: 5-0 AYES: ABSTAIN: None NOES: None 0 0 NOTICE OF PUBLIC HEARING LCPA 95-3 &VI= LOCAL COASTAL PROGRAM AMENDMENT NOTICE IS HEREBY GIVEN that the City Council Of the City Carlsbad will hold a public hearing at the City Council Chambt 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. Tuesday, October 17, 1995, to consider a request for a Major LC Coastal Program Amendment to reflect three recently approved m: master plan amendments to the Aviara Master Plan (the implemenl ordinance for Aviara) on property generally located north of Batiquitos Lagoon, east of the 1-5 freeway, west of El Camino Rc within the Coastal Zone in Local Facilities Management Zone The amendment will ensure consistency between the City's ZOI Ordinance and it's Local Coastal Program. If you have any questions regarding this matter, please con1 Eric Munoz, in the Planning Department, at (619) 439-1: extension 4441. If you challenge the Local Coastal Program Amendment in court, may be limited to raising only those issues raised by you someone else at the public hearing described in this notice, 01 written correspondence delivered to the City of Carlsbad ( Clerk's Office at, or prior to, the public hearing. APPLICANT: Aviara Land Associates PUBLISH : October 6, 1995 CARLSBAD CITY COUNCIL PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of San Diego { 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-entiled matter. I am the principal clerk of the printer of Blade4itizen a cewspaper =f genera! CirCUk~Qi'l, printed and This space is for the County Clerk's F Proof of Publication of Notice of Public HE ------------_________________________ - ?t NOTICE OF PUBLIC HEARING e NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will a public hearing at the Council Chambers, 1200 Cxlsbad Village Drive, Carlsbad, Calif( at 5:OO p.m. on Wednesday, August 16, 1995, to consider a request for a Major Local Cl Program Amendment to reflect three recently approved minor master plan amendments 1 Aviara Master Plan (the implementing ordinance for Aviara) on property generally located of the Batiquitos Lagoon, east of the 1-5 freeway, within the Coastal Zone in Local Fac Management Zone 19. Those persons wishing to speak on this proposal are cordially invited to attend the F hearing. Copies of the staff report All be available on and after August IO, 1995. If you any questions, please call Eric Munoz in the Planning Department at (6 19) 438- 1 16 1, ext. d If you challenge the Local Coastal Program Amendment in court, you may be limited to r; only those issues you or someone else raised at the public hearing described in this notice written correspondence delivered to the City of Carlsbad at or prior to the public hearinj CASE FILE: LCPA 95-03 .------ CASE NAME: PUBLISH: AUGUST 4, 1995 CITY OF CARLSBAD PLANNING COMMISSION 2!kd-z AVIARA LCP RETROACTIVE AMENDMENT EMvd -x- -* + 11 -x- -x- x +++++++-+++++++++++ I, * 0 0 mom 0 0 t-00mmO~~aamoaN~~~O a * eee c 0 * e e e e e II e e e e. e oce o d -a N ‘JMC‘ NMM--.--f\lN c -7 0 a (Form A) - TO: CITY CLERK'S OFFICE -I RE: PUBLIC HEARING REQUEST j ," Ti Attached are the materials necessary for you to notice ,.,p/ - ,,.--.,a "- \ ,/4 -?-e-- /y9 ; u/ i c for a public hearing before the City Council. ' I \--"-.. ~ Please notice the item for the council meeting ot . Thank you. I? ~ r. - -,\ - c 1, - -/ I Assistant City Man-- Date < " / &L& , fid. - 0 0 gE5 q EL nE3 >!a + *m WHm N#O own -!a* NH =OH gE ul 5 e M lo 0 m AK OLIVER LTI e e -a LCP INTERESTED PARTY LIST DON AGATEP C/O CHRIS KO ENCINITAS CA UPDATED 7/95 PO BOX 590 CARLSBAD CA 92008 191 1 SAXONY BOB ALLAN ANDERSON HOMCE & MARY HORACE & MAI 1731 COLGATE CR ENCINITAS CA 92024 ENCINITAS CA LAJOLLA CA 92037 STAND ARD-PACIFIC 2010 SHERIDAN AVE 400 LA COSTA f ALBERT ANDERSON JR FLOYD ASHBY LARRY BAKER 2006 SPERRY AVE 416 LA COSTA AVE 255 N WLCAN PATTERSON CA 95353 ENCINITAS CA 92024 ENCINITAS CA DONALD & BEVERLY BETTS BIRTCHER PACIFIC BLADE CITIZEB 2051 SHERIDAN RD ROBERT CAMPBELL 1722 S HILL ST ENCINITAS CA 92024 27611 LA PAZ RD OCEANSIDE Ci LAGUNA NIGUEL CA 92677 GEORGE BOLTON ANTHONY BONS BREMERMA” 65 19 EL CAMINO REAL 1 124 BLUE SAGE 1547 LORING S‘ CARLSBAD CA 92008 SAN MARCOS CA 92069 SANDIEGO CP MARGARET BROWNLEY CAL STATE COASTAL CONSERV CALIFORNIA D 4 120 SKYLINE SUITE 1100 ATTN: KURTI CARLSBAD CA 92008 1330 BROADWAY 2829JUAN ST OAKLAND CA 94612 SANDIEGO Cr :F y. ’ CARLSBAD SUN CARLSBAD CHMBR OF DONNA MEDEIRON EDITOR 2841 LOKER AVE E CARLSBAD CA 92008 CARLSBAD CA 92008 C 0 M MERC E PO BOX 1605 :@!2/ Bh4 CHRISTENSEN PO BOX 188 CARLSBAD CA 92008 “W CITY OF OCEANSIDE 300 N HILL ST OCEANSIDE CA 92054 SAN MARCOS CITY OF SAN h 1 CIVIC CENTE CITY OF VISTA CITY OF ENCINITAS HAROLD CUR 600 EUCALYPTUS AVE 505 S VULCAN AV 824 CAMINITO PO BOX 1988 ENCINITAS CA 92024-3633 CARLSBAD CA VISTA CA 92084 % WILLIAM & RUTH MICHAEL CORDOZA 1698 CREST DR CHUCK DAMM, SUITE 200 1282 CREST DR ENCINITAS CA 92028 31 11 CAMINO DEL RIO N ENCINITAS CA 9 0 CAL COASTAL COMMISSION 0 SAN DIEGO CA 92108-5722 PRESIDENT BILL DEAN DEFT HOUSING & GO DVPT KAREN DOCKINS BAT LAGOON FOUNDATION ATTN: PERM ESTON 410 LA COSTA AV 675 NORMANDY 7940 WILLOW GLEN RD ENCINITAS CA I ENCINITAS CA 92024 LOSANGELES CA 90046 CARLENE TIMM SD CO DPT PLN 8 SDG&E COUNTY ADMIN CENTER DICK EMPEY, SUI PO BOX 1831 1600 PACIFIC HWY 5201 RUFFIN RD SAN DIEGO CA 92112 SAN DIEGO CA 92101 SANDIEGO CA BILL HORN - SUPERVISOR LESLIE & FILOMENA ESPOSITO SYLVIA ESTES ROBERT FARRIS 2934 E FIRST ST 1929 ALTA VISTA LONG BEACH CA 90803 ENCINITAS CA 92024 VISTA CA 92083 510 LA COSTA AVE FLOWER PATCH FLOWER PEDDLER A GEISBRET 6491 EL CAMINO REAL CARLSBAD CA 92008 CARLSBAD CA 92008 GLENDALE CA 6523 EL CAMINO REAL 3 IO I SAN GABRIE CYRIL 8L MARY GIBSON MARY GRIGGS HUGO HANSON 21 0 ROUNDTREI LOSALAMITOS CA 90720 1807 13TH ST SANRAFAEL CP CA STATE LANDS COMM SACRAMENTO CA 95814 12142 ARGYLE DR MANUAL HIDALGO BEK HILLEBRECHT BRUCE HOCHM, 651 1 EL CAMINO REAL 2 170 SKYLINE DR 2054 SHERIDAN CARLSBAD CA 92008 ESCONDIDO CA 92027 ENCINITAS CA HOEHN RONALD &JUDITH HOLDEN LEUCADIA CO V C/O CHEVRON USA INC 2022 SHERIDAN RD 1960 LA COSTA, PO BOX 7611 ENCINITAS CA 92024 CARLSBAD CA SAN FRANCISCO CA 94120 HUNT PROPERTIES INC LA COSTA HOTEL & SPA ANASTASIA LAI' 2400 THANKSGIVING TOWER COSTA DEL MAR WD MARIA & ETAL 1601 ELM ST CARLSBAD CA 92009 PO BOX 2047 DALLAS TX 75201 ENCINITAS CA LAKESI-IORE GARDENS PERRY & BARBARA LAMB JOHN LAMB 7201 AVENIDA ENCINAS CARLSBAD CA 92008 MERE POINT RD LOS ANGELES RFD 3 BOX 3066 BRUNSWICK ME 04011 947 N LA CIENE I ERIC LODGE LANIKAI 6550 PONTO DR LODGE & HELLE CARLSBAD CA 92008 330 GOLDEN SHORE ST #50 1901 CAMINO VI 0 EARL LAUPPE STATE DEPT FISH & GAME LONG BEACH CA 90802 CARLSBAD CA ., 0 WILLIAM LUJAN HERMAN & LOIS MAY EARL & MARSHP 6505 EL CAMINO REA 2041 SHERIDAN RD 2021 SHERIDAN CARLSBAD CA 92009 ENCINITAS CA 92024 ENCINITAS CA MB SHORES CORP MCMURPHY CORP ANDREW MCRE' PO BOX 2571 640 GRAND 23 16 CALLE CHI( ENCINITAS CA 92024 CARLSBAD CA 92008 LAJOLLA CA 9: JANE MERRILL MITSUUCHI KOICHI MASAK.0 GUY MOORE JR LAFCO 1 120 S FIGUEROA 6503 EL CAMINC 1600 PACIFIC COAST HWY SANTAANA CA CARLSBAD CA SAN DIEGO CA 92101 MICHAEL & BARBARA MURPHY BRITTON & DREW NICOL OLIVENHAIN M 640 GRAND AVE 4444 OAKWOOD AVE 1966 OLIVENHA CARLSBAD CA 92008 LA CANADA CA 91011 ENCINITAS CA MIGUEL PADILLA GLEN PICKUS RANCHO LA CO 754 DEL RIEGO PACESETTER HOMES INC COSTA DEL MA: ENCINITAS CA 92024 4540 CAMPUS DR CARLSBAD CA NEWPORT BEACH CA 92660 REDIKOP J & VAUGIlAN S STELLA HOLLAND LARRY SALATA 2056 SHERIDAN RD SDG&E US FISH & WILD ENCINITAS CA 92024 PO BOX 1831 2730 LOKER AVI SAN DIEGO CA 92112 CARLSBAD CA SAN DIEGUITO WATER SANDAG - EXEC DIRECTOR WILLIAM SAVA( DISTRICT 1ST INT PLAZA, SUITE 800 PO BOX 773 RANCHO SANTi 59 EAST D 401 "B" STREET ENCINITAS CA 92024 SAN DIE0 CA 92101 DALE & DONNA SCHREIBER MICHAEL & BAE. 1457 CREST DR C/O CAROL WALKER PO BOX 2571 ENCINITAS CA 92024 829 E BOBIER DR ENCINITAS CA SD CO ARCHAEOLOG SOC INC VISTA CA 92084-3865 SIERRA CLUB DAVID SITTNER DWIGHT SPIER: SAN DIEGO CHAPTER 2808 LUCIERNAGA ST SPIERS ENTERP 3820 RAY CARLSBAD CA 92009 23 CORPORATE NEWPORT BEAC SAN DIEGO CA 92101 w TABATA BROS e SUN-FRESH FLORAL ”- 0 FRANCIS & PATRICIA STRAUSS 2055 SHERIDAN RD 6515 EL CAMINO REFL PO BOX 943 ENCINITAS CA 92024 CARLSBAD GA 92008 CARLSBAD CA 921 DAVID THOMPSON THOMPSON ROSE CO BILL THOMPSON 7400 BATIQUITOS DR 7040 ROSE DRIVE PO BOX 450 CARLSBAD CA 92008 CARLSBAD CA 92008 RANCHO SANTA F DEPT OF AGR WEIGHTS & MSRS WALDON & DELORES WELTY FRED & LITA WES JENNIFER TIERNEY, BLDG 3 2076 SHERIDAN RD 514 LA COSTA AVI 5555 OVERLAND AVE ENCINITAS CA 92024 ENCINITAS CA 9‘ SAN DIEGO CA 92123-1292 DAS.\ 1 ILITSON 5051 SHORE DR CARLSBAD CA 92008 e, m ED TERRY R & MARGARET REITER G SADDLEBACK RD PALOS VRDS PENINSLlLA CA 90274 MALIN BUILDING ( 4HAMPSHlRECT CLEVELAND OH 4' ROGER D & ANNETTE MOORE 7167 TERN PL CARLSBAD CA 92009 ANTHONY & JACC 7157 TERN PL CARLSBAD CA 92C GIBSON FAMILY HARVEY FAMILY JOHN & G JOSEPH 7 153 TERN PL 7147 TERN PL 7143 TERN PL CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 92C ISM & ALISA TREJO JOHN L & LAURA 7137 TERN PL 7133 TERN PL 7122 TERN PL CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 92 JAMES M & NANCY TRUSLOW DONALD B OCHOA BERTRAM A & JO 7132 TERN PL 7136 TERN PL 7142 TERN PL CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 92 CHRISTIAN L &NANCY HANSEN RUDIN FAMILY GERARD J & VES! 7146 TERN PL 7152 TERN PL 7156 TERN PL CARLSBAD CA 92009 CAl2LSBAD CA 92009 CARLSBAD CA 92 EDWARD E & MOLLY JOE PATRICK N ODAY FRANK & MARILYN WLLLIS FLS PARTNERSHI 7162 TERN PL 2259 N WAYNE AVE PO BOX 231532 CARLSBAD CA 92009 CHICAGO IL 606 14 ENCINlTAS CA 92 AURA LAND A! 4- a W AWL 45 NEWPORT BEACH 4 D JOHN P & DOROTHEA JUNG PO BOX 2406 CARLSBAD CA 920 18 CHARLYN DAVID! 1722 BLACKBIRD ( CARLSBAD CA 92C LIMITED JOHN T FRENCH CHANFAMlLY HAYEN FAMILY 1724 BLACKBIRD CIR 1726 BLACKBIRD CIR 1728 BLACKBIRD ( CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 92( STEPHEN M & SHARON BRAY R D C DEVCO II LI 1730 BLACKBIRD CIR 1732 BLACKBIRD CIR 180 N RIVERVIEW CARLSBAD CA 92009 CARLSBAD CA 92009 ANAHEIM CA 928( CRAIG FAMILY LANCE & SANDRA MCGOLDRICK MICHELLE E COS- 7046 PARTRIDGE PL 7052 PARTRIDGE PL 7056 PARTRIDGE I CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 92( WILLIAM R & MARY SICKERT ARTHUR & CLEMENTINA WEBSER JEFFREY VALLANDINGHAM PHIL J & CHRISTY 7032 PARTRIDGE PL 7036 PARTRIDGE PL 7042 PARTRIDGE 1 CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 92( LANCE & SANDRA MCGOLDRICK THOMAS C & TER 7046 PARTRIDGE PL 1729 BLACKBIRD CIR 20 19 BLACKBIRD CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 921 KAREN A BAUMBACH AVOCET ASSOCIATION INC R R D C DEVCO II LI 2251 SAN DIEGO AVE 1250 SAN DIEGO CA 921 10 hE&gzzR m+ TNER R D C DEVCO II LIMlTED PARTNER R D C DEVCO II LI 180 N RIVER R D C DEVCO II L 180 N RIVE R 130 180 N RIVERVIEW DR 130 R D C DEVCO II LIMITED PARTNER AWA MASTER 'A 92808 CARISBAD CA 92 E m W R D C DEVCO II LIMITED P AN A 92808 AN .IMCA 9280: R D C DEVCO ED PARTNER 180 Em N RIVER 180H w1 F%- R D C DEW0 1I LII 180 N RIVE AN z R D C DEVCO 11 180 N RIVER ANAHEIM &! JOHN C RICHARDS DOUGLAS ZIRBEL JENNIFER L CAINT 1706 BLACKBIRD CIR 1708 BLACKBIRD CIR 2060 BLACKBIRD I CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 92( KENNETH A & CLAIRE CASHMAN MICHAEL E & VALERIE RICE WILKI &2 SUSAN B 1712 BLACKBIRD CIR 17 14 BLACKBIRD CIR 1716 BLACKBIRD ( CARLSBAD CA 92009 CAEUSBAD CA 92009 CARLSBAD CA 92( DAVID W & DAWN GRIFFITHS 171 8 BLACKBIRD CIR CARLSBAD CA 92009 R D C DEVCO II LIMITED PARTNER R D C DEVCO II LI 180 N RIVER + R R D C DEVCO II LI 180 N RIVERVIEW 7 R D C DEVCO 11 LIMl R TNER R D C DEVCO II L 180 N RIVERVIER ANAHEIM CA / R D C DEVCO II R R D C DEVCO II L 180 N RIVERVIER /TNER CA 92808 +W DR 170 JUDY CONSALVI LEON & ANNE GEIS JAMES D & DIAN 7055 PAR? RIDGE PI, 705 1 PARTRIDGE PL 7045 PAIU~RLDGI~ CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 92 W w BARRY S & MARGO TABACHNICK CAROLYN K WOOD ARTHUR J &, JANIC CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 920( 7041 PARTRIDGE PL 7035 PARTRIDGE PL 7031 PARTRIDGE PI AVIARA MSOR LTD AVIARALANDA BARRATT AMERIC 2035 CORTE DEL N CARLSBAD CA 9201 BARRATT AMERICAN CHET FRANCISCO 6905 THRUSH PL CARLSBAD CA 92C CARLS 2035 ; CORTE D 92009 KENNETH C & MARY COKELEY ROBERT A & MARY MCCORMICK JANET S SIGLER 6909 THRUSH PL CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 92C 69 13 THRUSH PL G9 I 7 THRUSH PL SHELDON & JOAN HORING JOANNA B GLASS CHARLES D MERR 65 CORNELL DR 6904 THRUSH PL 6908 THRUSH PL LIVINGSTON NJ 07039 CARLSBAD CA 92009 CARLSBAD CA 92C TIMOTHY S MITCHELL BRUCE H & PATRICIA SHEETZ LYDIA MANTHEI 6912 THRUSH PL 69 16 THRUSH PL 2573 LACONiA AV CARLSBAD CA 92009 CARLSBAD CA 92009 LAS =GAS NV 85 Em P & GINETTE ROBINAT REL E & NANCY I 16 PLACE ST DIE 6928 THRUSH PL 1550 CORMORAN' SAN DIEGO CA 92121 CARLSBAD CA 92009 CARLSBAD CA 92 FRANK GRILL0 IRVING & JOANNE ABESON MORA SOLOMOP 17500 MAGNOLIA BLVD 823 INVERNESS DR 4 10 VILLAGE CEN ENCKNO CA 91316 RANCHO MIRAGE CA 92270 ENCINITAS CA 921 EDWARD N & BLANCHE CICOUREL RONALD B HEGLI 1565 CORMORANT DR 1569 CORMORANT DR 1560 CORMORAN CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 92 PETER S & HELEN WILKE DAVID S SMITH MICtIhEL P & DONNA VOSS OSBORN FAMILY RICHARD T & SI€ CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 91 1564 COIWOIUNT DR 1568 COWORANT DR 1572 CORMORAN a m CRAIG M & JOLLYNE TANNER 1576 CORMORANT DR 1580 CORMORANT DR 1584 CORMORANT CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 920( GARRY D COLE LEE A CURTIS JOAN M DANZINGER JOAN M EMMENECKER HORTON D R INC 6904 AVOCET CT 6905 AVOCET CT 10 179 HUENNEKEh CARLSBAD CA 92009 CARLSBAD CA 92009 SAN DIEGO CA 921 BETTY L DODGE ARTHUR F & BONNIE STOLZE JOAN M DANZINGI 691 3 AVOCET CT 69 17 AVOCET CT 6904 AVOCET CT CARLSBAD CA 92009 CARISBAD CA 92009 CARLSBAD CA 92C CLAFUS R & AUDREY HALLIWELL GARY D MARTIN MARIO E PEYROT 6908 AVOCET CT 69 12 AVOCET CT 1600 CORMORAN? CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 92C HORTON D R JAMES H & SHARON STEIN ALAN WISE 75 DEMPSEY DR 585 PALM DESERT CA 92260 1612 CORMORAN3 CARLSBAD CA 92( DAN & DANA STATE 162 1 CORMORANT DR CARLSBAD CA 92009 SHARP FAMILY 16 17 CORMORA" CARLSBAD CA 92 DAN & DANA M STATE 1621 CORMORANT DR CARLSBAD CA 92009 GEORGE B HERSHMAN 1625 CORMORANT DR CAlUSBAD CA 92009 HORTON D R INC :- BETTY J HOOVER NORMAN L VETT 1624 CORMORANT DR 1628 CORMOM CARLSBAD CA 92009 CARLSBAD CA 92 HORTON JOANNE GAETA JERRY & IRIS LAI 4"EKENS ST 100 PO BOX 1347 1640 CORMORAN SUNSET BEACH CA 90742 CARLSBAD CA 92 / DIEGO CA 92 12 1 DAVID R & JOHANNA LOVELESS 2100 IIABERSHAM MARINA RD 301E CUMMING GA 30131 DAVID E & IRENE HANSON 1648 CORMORANT DR CARLSBAD CA 92009 ROSE M €ZANDEI 10 1 79 IIIENNEKI SAN DIEGO CA 9: * m w HORTON D RICHARD W STINS( 10179 KENS ST 100 1304 KUHN RD BOILING SPRINGS I EGO CA 92121 MICHAEL KANTROWITZ MORTON M POZNI / EDWARD B & MANETTA FENTON CARLSBAD CA 92009 CARLSBAD CA 92009 CHICAGO IL 60660 6908 GOLDFNCII PL 6912 GOLDFINCH PL 6033 N SHERIDAN I KENNETH C & MARY COKELEY 6909 THRUSH PL CARLSBAD CA 92009 AVIARA MASTER ASSOCIATION 2251 SAN DIEGO AVE A250 SAN DEGO CA 92 1 10 ALDEA AT AVIARP 10 179 HUENNEKEb SAN DIEGO CA 92 1 ALDEA AT AVIARA HOMEOWNERS BARRATT AMERICAN WC BARRATT AMERIC 2035 CORE c4 A 920 10179 HUENNEKENS ST 100 SAN DIEGO CA 92121 2035 CORE DEL NOGAL 160 CARLSBAD CA 92009 CARLSBAD CA 92( AVIARA msr ASSOCIATION 201 1 PALOMAR I WORT RD 206 CARLSBAD CA 92009 P m w 2' AKIRA & TOSHIKO MIROYA KE"E?H&.MAKIfI PO BOX 9000-25 1 1235 COUNTRYWO( CARLSBAD CA 92008 VISTA CA 92089 AVIARA LAND ASSOCIA? E 450 NEWPORT C NEW0 / H CA 92660 AWARA LAND ASS1 LINDA T PHAM AVIARA LAND ASS 450 NEW0 ER DR 304 6545 PASEO FRONTERA B A3 NE EACH CA 92660 CARLSBAD CA 92009 ED AVIARA LAND ASP 450 NEW0 NE4 v MTED AVIARA 450 NEW LAND AS: ?ie BEACH -NTER DR 304 BEACH CA 92660 YLMTED AVIARA LAND ASSOCIATES LIMITED AVIARA LAND AS! CENTER DR 304 450 NEWPORT / CE k7 T BEACH CA 92660 NEWPORT AVIARA LAND ASS0 DUNCAN FAMILY 450 NEW0 R DR 304 14750 CAMINITO h DEL MAR CA 920 1 SANTA BARBARA CA 93 103 MICIIAEL & NEILLA ROBBINS 60 ALAMEDA PADRE SEW ; ACH CA 92660 AVIARA LAND ASSOC AVIARA LAND ASSOC D AVIARALANDAS w T BEACE 450 NEWO 450 NEWO R 304 c .ACH CA 92660 Ern ACH CA 92660 WEKNEK F &. IVY ASTL 944 IIDE CT CARI,SBAD CA 92009 >D AW LAND ASSOC v AVIARA LAND AS *ACH CA 92660 AVIARA LAND ASS AVIARA MAS TI-R 2251 SAN I)II*GO SAN DUY3O CA 921 AV13A250 10 fl 450 NEW ' BEACH CA 92660 ;- AVIAIU I'OINl ASSN .# rn W AW LAND ASSOC 450 NEWPOR NE / ACH CA 92660 AVIARA LAND AS AVIARALAND D AVIARA MASTER ASSOCIATION AVIARA LAND AS 2251 SANDIEGOCA92110 SAN DEGO AVE A250 m GREYSTONE HOMES INC GREYSTONE HOMES INC GREYS7 ONE NOh 495 CORONA E RINCON CA 9 17 ST 1 9 115 fl 49 5 E NNCO /;’”” GREYSTONE HOMES INC GREYSTONE HOMES IN GREYSTONE HOMES INC GREYS rom HO~ 495 CORONA ; E RTNCON S 495 ccr E REVCON S 9171‘ GREYSTONE HOMES INC GREYSTONE HOM # 1715 495 E RINCO GREYSTONE HOMES INC CORON EVELYN 0 ARCIG, 450 NEWPORT CEI NEWPORT BEACH AVlAKA MASTER 4Y GREY STONE HO 495 E RINCO / 91719 JEFFREY W & CAROL GAJEWSKI CAIUSBAD CA 92009 JAMES F & DENISE QUIGLEY CARLSBAD CA 92009 7034 ROCKROSE TER 7074 ROCKROSE ER uJu/aE 201 1 PAL0 AVIARA LAND ASS0 ES LIMITED WAFMiNCr I ON AV 1090 PULLMAN ST ym AD CA 92009 206 &- BEACH CA 92660 704 COSTA MESA CA 9 WARMING XSOCUTES fON A 7090 NJILM cos r COSTA M:SA CA WARMINGTON 7090 PIJLLMAN / AVIAIU ST ASSOC !s c a I WARMINGTON AVIARA ASS 3090 PULLMAN ST MICHAEL W & HOI 7027 ROCKROSE TI CARLSBAD CA 9201 COSTA A 92626 WARMINGTON AVIARA ASSOCIATES 3090 PULL 3 COSTA ME 5 SA CA 92626 WARMINGTON A SOCIATES STEPHEN J & NATL 3090 PULL 7039 ROCKROSE TI CARLSBAD CA 920 7 MILDRED C DEHETRE 703 1 ROCKROSE TER CARLSBAD CA 92009 TERENCE L & KATHLEEN MUELLER DARYL K & MARV 7043 ROCKROSE TER 7024 ROCKROSE ST 705 1 ROCKROSE T CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 920 ALAN H CROLL WILLIAM R & SHAWNA LUCK MARY I BENJAMIN PAUL A & MARGA 7055 ROCKROSE TER 7054 ROCKROSE TER 7050 ROCKROSE 1 CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 92( WARMINGTON AVIARA AS JEFFREY W & CAROL GAJEWSKI WARMINGTON A\ 3090 PULLMAN 7034 ROCKROSE TER 7090 PULLMAN SI COSTA CA 92626 CARLSBAD CA 92009 cos-- ;s WARMINGTON AVIARA A,%OCIATES ARLENE H REED WPJiMINGTON AI 3090 PULLw,ST +XiF 7024 ROCKROSE TER 3090 PULLMAN SI COST&MESA CA 92626 CARLSBAD CA 92009 /'& CIATES ES IATES IATES S WARMINGTON A 3090 PULLMAN S COY WRRMINGTON A 3090 COS * c W I ,y ,/,? D VF' BEACH CA 92660 x 6986 EL C AVJARA LAND ASS0 ' 450 NEW0 ,K DR 304 AVIARA LAND ASS 450 NEMTORT NJg HmED EACH CA 92660 KENNETH & MARIE BERTOSSI 123.5 COUNTRYWOOD LN VISTA CA 92087 AVIARALAND D LINDA T PHAM 6545 PASEO FRON CARLSHAD CA 92( ED AVIARALANDAS ACH CA 92660 AVIARALANDAS 450 NEWPORT CE "ws@- ST CHARLES FAMILY JAMES H & KATHLEEN WELLMAN AVIARA LANDA! 12141 SAINT ANDFEWS RANCHO MIRAGE CA 92270 42 13 ISLE DR CARLSBAD CA 92008 AVViRA LAND ASSOCIAT AVIARA LAND AI 450 NEWPOR m+ ;; 450 NEWPORT C CA 92660 'ACH CA 92660 5 BEACH CA 92660 AVIARALANDAS S LlMITED AHMAD ALHABf 450 NEW TER DR 304 TEIL ALY 1 OB KEVIN M & DONNA ELLIS ALPINE CA 91901 2033 CORTE MADEIRA AVIARA LAND ASSOCIATE RT BEACH CA 92660 TED ; 450 NEWPORT C ts ES LIMITED THOMAS G WILLIAMS AVI/UIA LAW 450 NCWI'O /PAY NEW ' CENTER DR 704 29830 DISNEY 12N VIS? A CA 92084 :- < r BEACH CA 92660 / m W . AVIARA LAND ASSOCIATES LIMITED 450 NEWPORT CENT NEWPORT A 92660 AVIARA LAND ASS / D AVIARA LAND ASS D MICHAEL & NELL 60 ALAMEDA PAD SANTA BARBARA AVIAKA LAND ASS0 ED DUNCAN FAMILY AVIARA LAND AS: DEL MAR CA 92014 14750 CAMINITO MARACAIBO gk% D WERNER F & IVY 944 TIDE CT CARLSBAD CA 921 TES LIMITED AWLAND S LmaED AVIARA POINT A5 ENTER DR 304 NTER DR 304 2251 SAN DIEGO tr SAN DIEGO CA 92 yy 450 NE T BEACH CA 92660 T BEACH CA 92660 ROBERT K & MARGARET NELSON 1 1 17 CUMBRE ALTA CT PACIFIC PALISADES CA 90272 ARTHUR J & LOUISE CUNNINGHAM 5450 BURFORD ST SAN DIEGO CA 92 11 1 AWLANDAS ROGER D BALDWIN KELLY A NELL AVIARA LAND AS PO BOX 3891 RANCHO SANTA FE CA 92067 4- 61 5 STRATFORD CT 17 DEL MAR CA 920 14 AVTARA LAND ASSOC AVIARALANDA! 450 NEWPORT C€ )ED RT BEACH . CENTER CA 92660 DR 304 ID BEACH CA 92660 LAWN & ANNE KING STANLEY D & JOY PROWSE AVIARALANDA! 3544 CELINDA DR CARLSBAD CA 92008 gzi?Ez 65 15 AVENIDA DEL PARAISO CARLSBAD CA 92009 DREW 0 & STAMOUIl IL4YGEh4AN 2260 RUTI-IERFORD KD 1 IO CARLSBAD CA 92008 JERRY E JAGEMAN I70 I GASCONY RD ENCINIlAS CA 92024 JERRY E JAGEM/ I70 1 GASCONY H ENCINI 1 AS CA 92 * m W * AVIARA Lmr) AS: RICHARD P & PATRICIA BURRUSS OCEANSIDE CA 92056 JIM T LONG DEL MAR CA 920 14 2324 BACK "E ST 13560 NOGALES DR AVIARA LAND ASSOC AVIARA LAND ASS 33 EACH CA ER 92660 DR 304 ACH CA 92660 AVIARA LAND AS,' JOHN & JOANNE SINGLETON 20 OCEAN PARK BLVD 26 SANTA MONICA CA 90405 MAXWELL D & JOAN GORDON 16355 CYPRESS WAY LOS GATOS CA 95032 D AVIARA LAND AS! ROBERT S GREEN 3878 CRESTSTONE PL SAN DEW CA 92 130 EACH CA 92660 AVIARA MASTE 2011 P # AD CA 920 AVIARA RES0 TES LIMIT AVIARA LAND ASSOCIATES 6986 E 0 REAL B336 450 NEWPORT 4 // CH CA 92660 AD CA 92009 AVIARA 20+ MAS io; AWLANDASS C AD CA 92009 NEW 450 NEz AVIARA MASTER i 'ENTER DR 304 2251 SAN DIEGO A SAN DIEGO CA 92 1 yL=D T BEACH CA 92660 kF7 BEACH CA 92660 AVIARA LAND ASSOCIATES LMTED JEFFREY M & KAT 20 1 1 PALOMAR AIRPORT RD 206 73 15 BLACK SWF& CARLSBAD CA 92009 DEL MAR CA 92014 CARLSBAD CA 920 DAVIDSON COSCAN PARTNERS 12865 POINTE DEL MAR WAY 200 DAVIDSON COSCAN PARTNERS 12865 POINTE DEL MAR WAY 200 DEL MAR CA 920 14 DAVID E & VALERIE THOMAS 73 18 BLACK SWAN PL CAFUSBAD CA 92009 GARY L & JANET I 7309 BLACK SWF& CARLSBAD CA 920 JOIN P &L CmrIm LAIJRI 7307 BLACK SWAN PL CARLSBAD CA 92009 JAMES 1' &L KIMBE 7104 IjIACK SWAh CARLSBAII CA 92(1 c > e m J ROBERT J & ANNA WILLIAMS 7306 BLACK SWAN PL CARLSBAD CA 92009 NAURBON L & LOL 7310 BLACK SWAN CARLSBAD CA 920( DAVID & CECELIA DIAZ CANTATA HOME0 7314 BLACK SWAN PL 12520 HIGH BLUFF CARLSBAD CA 92009 CARLSBAD CA 92009 SAN DIEGO CA 921 DAVID E & VALERIE THOMAS 7318 BLACK SWAN PL SCOTT M & DEBOE 0 1416 BRANTA AVE CARLSBAD CA 920 DENNIS S & CLAUDIA CROSTHWAITE 1412 BRANTA AVE CARLSBAD CA 92009 JAMES F & DENISE QUIGLEY 7074 ROCKROSE TER CARLSBAD CA 92009 TAYLOR WOODROW HOMES CA LTD 2446 1 RIDGE ROUTE DR LAGUNA HILLS CA 92653 m m - r- */ . AVIARA LAND ASSOCIATES LIMITED DAVIDSON COSCAN PARTNERS DAVIDSON COSCA 12865 POINTE DE DEL + M 6986 EL CAMINO CARLSB 92009 DEL MAR CA 920 I4 12865 POINTE DEI, MAR WAY 200 /36 / DAVIDSON COSCAN PARTNERS STEVEN W & WHIl DEL M 92014 CARLSBAD CA 92009 CARLSBAD CA 92( J M & MARY MORGAN m65 rorwrE D j WAY 200 7325 BLACK SWAN PL 7323 BLACK SWAh ROBERTO RODRIGUEZ EUGENE A &L LORI NAES DAVIDSON COSCL 7321 BLACK SWAN PL CARLSBAD CA 92009 12865 POINTE D+ 7319 BLACK SWAN PL CARLSBAD CA 92009 JEFFREY M & KATHLEEN SOLOMON BRUCE K & PAME 7315 BLACK SWAN PE 7322 BLACK SWA CARLS3AD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 92 BRAD & LESLIE HOLLAND 7320 BLACK SWAN PL DAVIDSON COSCAN P DAVIDSON COSC 12865 POINT + +Rs 12865 POINTE AR WAY 200 WILLIAM J & BEVERLY LOBELL 7324 BLACK SWAN PL CAWSBAD CA 92009 DAVIDSON COSCAN PA DAVIDSON COSCAN PARTNE DEL /S 12865 MA POINTE D - AR WAY 200 "/ 12865 PoINrE DEL Lp DAVIDSON COS PARTNERS DAVIDSON COSC 12865 POINT / CA 920 14 DE/ CA 920 12865 POIN EL MAR WAY 200 DAVIDSON C N PAR'INERS DAVIDSON COSCAN PA DAVIDSON COX :- Nd YAY200 D - 2 AR CA 92014 D) 12865 POINTE DAVIDSON COSC WAYNE W EMME AVIARA LAND A 12865 PO1 EL MAR WAY 200 1405 CRESSA CT DEL s RCA92014 CARLSBAD CA 92009 450 NEWPORT AVIARA LAND ASSOCIATES LIM NEE 450 NEWPORT CENT. AVIARA LAND L NE4 450 NEWPORT fRS AVIARA MASTER ASSN 450 d NEWPORT C < -R DR 304 NEWPOIC .ACH CA 92660 ODMARK & 12865 POINTE DEL MAR CA DEL MAR WAY 200 ODMARK & I2865 POINTE DEL MAR CA DEL MAR WAY 200 E. THELAN ODMARK & T DEL MAR WAY 200 12865 POINTE 920 14 DEL MAR CA THELAN ODMARK & T 12865 POINTE DEL MAR WAY 200 12014