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HomeMy WebLinkAbout1995-12-19; City Council; 13445; Aviara Planning Area 5+ 4 Cl- OF CARLSBAD - AGE-A BILL ?/3 0 7 -07 Am -w \B # /3 - TITLE: ITG. 12/19/95 AVIARA PLANNING AREA 5 - WESTERN PACIFIC IEPT. PLN HOUSING - MP 177(P)/LCPA 95-ll/CT 90-09(A)/CP 9501 iECOMMENDED ACTION: That Council INTRODUCE Ordinance No. fi%?q/, amending the Aviara Master Plan and ADOPT City Council Resolution No. 9r-360 APPROVING MP 177(P), LCPA 95-11, CT 90-09(A) and CP 95-01, respectively, for the development of Aviara Planning Area 5. ITEM EXPLANATION Planning Area 5 within the Aviara Master Plan, a series of three existing pre-graded pad areas, is currently approved for 147 mutti-family dwelling units (CT 90-09). This project proposes to revise the tentative map to develop the site with 131 units. A new product type is also involved which features detached, clustered single family units. Specifically, a 24 foot wide driveway/courtyard will serve four units or less. The 24 foot wide driveways/courtyards then connect to a 32 foot wide internal private street system which in turn is connected to an existing public street, Hummingbird Road. This new detached, clustered single family product type represents a departure from the Planned Development Ordinance and, therefore, requires an amendment to the Aviara Master Plan to establish the development standards that would accommodate the proposed product type. The 24 foot wide driveway/courtyard is the primary deviation from Planned Development (PD) Ordinance provisions (the minimum width per the PD Ordinance is 30 feet and the Ordinance does not differentiate between driveways and streets). The reduced width to 24 feet can be supported since only a limited number of units will be served (four units) by the 24 foot wide driveway/courtyard. In addition, each unit easily accommodates a minimum rear yard area of 15 by 15 feet for private passive recreation use. An adequate sidewalk system is already in place on existing streets and will be provided on the proposed internal street systems. Common active recreation areas (shuffleboard/overlook area and swimming pool/spa area) and an adequate amount and dispersal of guest parking spaces are also provided. This product type is similar to the product type approved for some planning areas in another coastal zone master plan in the City (Poinsettia Shores). In fact, this product type model proposed for PA 5 incrementally improves on the previous model through bigger private yard areas per unit, more separation between each 4-unit cluster and longer individual unit driveway lengths serving each of the four units in a cluster. To accommodate the proposed product type, the master plan amendment (MP 177-P) is connected with a Local Coastal Program Amendment (LCPA 95-l 1) since a coastal zone master plan is involved. In addition to the revision of the existing tentative map for PA 5 (CT 90-09-A) a new condominium permit (CP 95-01) is required for the air space ownership/exclusive use area type of property ownership proposed for these units. Included in the conditions of approval for this project, is a condition to secure the construction and landscaping of a master plan level trail segment currently designated by the Aviara Master Plan for the SDG&E powerline easement area located on the northeast perimeter of the site. As proposed, the project density of 5.4 du/acre is consistent with the intent and purpose of the Aviara Master Plan with regards to residential development of the site within the Residential- Medium (RM) density range (48 du/acre). The project also implements the City’s General Plan and is in compliance with all applicable coastal regulations, policies and objectives. PAGE 2 OF AGENDA BILL NO. 13. 4 4 5 The Planning Commission recommended approval (5-l) of the proposed project on November 15, 1995. Commissioner Erwin was the dissenting vote and cited the fact that this project did not meet the minimum requirements of the Planned Development Ordinance for his rejection of the project. Commissioner Nielsen was absent from the November 15, 1995 hearing. ENVIRONMENTAL REVIEW The PA 5 site has undergone previous environmental review in conjunction with the former approval of 147 multi-family units for the project site. A certified Environmental Impact Report (EIR 83-02(A)) was approved for the Phase I development of the Aviara Master Plan and a mitigated negative declaration was prepared for the approved project of 147 multi-family units. These previous reviews, in combination with the recently approved Master EIR for the City’s General Plan update which addresses significant air quality and circulation impacts Citywide for subsequent projects, was the basis for a determination of prior compliance for this proposed project. No significant environmental impacts will result from the proposed development of PA 5 with 131 detached, clustered single family units; a Notice of Prior Environmental Compliance was issued by the Planning Director on September 27, 1995. FISCAL IMPACT Aside from typical administrative costs associated with processing the master plan, local coastal program and tentative map amendment applications, as well as the condominium permit application, no direct fiscal impacts will result from the approval of this project. EXHIBITS 1. Ci Council Ordinance No. 16’ c 3qj 2. City Council Resolution No. 0/5,36a 3. Location Map 4. Planning Commission Resolution Nos. 3833, 3834, 3835 and 3838 5. Planning Commission Staff Report dated, November 15, 1995 8. Excerpts of Planning Commission Minutes, dated August 18, 1995. 4 L , 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 - ORDINANCE NO. NS- 3 4 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ADOPTING A MAJOR MASTER PLAN AMENDMENT TO THE AVIARA MASTER PLAN TO ALLOW THE DEVELOPMENT OF 131 CLUSTERED SINGLE FAMILY CONDOMINIUM UNITS ON PROPERTY GENERALLY LOCATED IN THE SOUTHWEST QUADRANT OF THE CITY IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 19. CASE NAME: PA 5 - WESTERN PACIFIC CASE NO: MP 177(P) WHEREAS, the City Council of the City of Carlsbad, California has reviewed I and considered a Major Master Plan Amendment for future development of the site; and WHEREAS, after procedures in accordance with the requirements of law, the City Council has determined that the public interest indicates that said plan amendment be approved. NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows: SECTION I: That the MP 177 as amended to date is further amended by Aviara Master Plan Amendment relative to the clustered single family condominiums, MP 177(P), dated November 15, 1995, attached hereto and incorporated by reference herein, is approved. The Master Plan Amendment shall constitute the zoning for this property and all development of the property shall conform to the plan, SECTION II: That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 3833 shall also constitute the findings and conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad 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 within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 19th day of DECEMBER , 1995, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the 1996 City of Carlsbad on the day of AYES: NOES: ABSENT ABSTAIN: , H2.%, by the following vote, to wit: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk wf=) AVIARA MASTER PLAN AMENDMENT - MP 177(P) (i%e following amendments are proposed to the Aviara Master Plak in or&r to add cluster single family units as a pemaitted use to Planning Area 5, and to add development star&r& for such units, The proposed development stand&& are bared upon similar standa& contained in the Poinsettia Shores Master Plan. A new tzhibit, design&d as Exhibit V-6a., ir also included to graphically depict the concept of clustered single family housing. Proposed additbns to the exkting Master Plan text are shown in ~~~~ deletions are shown in stkk&+e . ‘Titre proposed amendments begin on Page 89 of the Master Plan document). .v.~.~ ............................................. R ................. .... p Planning Area 5: v :~~~~~~~~~ Residential: .................................... 7 .. Description: This 23.8 acre planning area located along the south side of Alga Road permits rw&k&m@ ,. ..- . . . . . . . ..,......., ~:.:.:.:.~,:.:,..‘,‘,’ ,.C ,..... . . . . . . . . . ...+ cl~~~~~~~~~~~ homes. A 150 foot wide public utility easement serves as an open space : : .: . . .:.:...:.:..::.~~..~~ . . . . :.:‘:.:.:; ,....,....‘.‘... :...:.: ..‘...“.. ~ ..) buffer with Planmng Area 4 to the northeast. Development Standards: PD All development in Planning Area 5 shall conform to the development standards of the ,PD ordinance (Carlsbad Municipal Code, Chapter’21.45.090) unless otherwise noted in this chapter. Use Allocation: Maximum of 189 residential units. (7.9 DU/AC!) Private recreation facilities are required in conjunction with the residential units. Permitted Uses: . . . w ~~~~~~~~~ housing along with p&ve and active : . . recreational uses. 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M~kificipav.:I;~~d~~::~l~~~~~:~~~~~~~~~~~~~~~~~~~~~~~~~:~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ :i’::i .+::::: i’iy:,.;.:: ,.<:.t ,;: g:: : .. . i:. . .. .. ::. ...... ... : ; ::. ... i,i::i;l;:; ,::I <:.:,.: .T’,\, : :. :. .:, ..... .,:,.,:, ,_::.:::::, >.; ~~~~~~~~~~~~~:jd-~~~~~~~~:l~~~~~~i~~~~~~ : .,.,.: .... > ..:.....:. .> .. .::...::. .. . : .:.:. .: >:. ... ,.,: ................. : .:.::. :...:;.:. .................................. .. i.:.:.:.:.:.:.: ............................. ... .:; ....... . .......................................................... T ............. .:. ...................... .:. .: ...... . . .:. :: .:.::.:.:. .. ... ..y: .... Parking: Parking shall conform to the standards of Chapter 21.44 of the Carlsbad Municipal Code. Special DesiPn Criteria: DesiPn: All community-wide design standards described in Section A of Chapter IV shall be embodied in the architecture of this planning area. The following specific guidelines shall also be included for this planning area: 0 As shown on the conceptual site plan for this planning area, the existing natural slopes and tree groves shall be preserved. 0 Strong architectural relief features shall be incorporated into all structures visible from Alga Road and Pacific rim Drive. 0 Views to and from the lagoon and back-country shall be preserved. 0 Curvilinear streets shall be combined with informal building sitings to strengthen the mediterranean hilltown appearance of the planning area. 0 A variety of building massings is encouraged. 0 Outdoor courtyards, patios and plazas should be included. 0 Special attention shall be given to incorporate the adjacent open space area as an amenity to the neighborhood. Entrv Treatment .; .: .,.j j:.*...: .,., 1. :p<.. ,.,. All entries shall be located along W I&rrm$rgbrr& Street. A neighborhood entry way shall be located at the intersection of i;:~~~~~~~‘~~~‘~~~ve and ~ li~~~~~~~~~~~~ Street. :.:.:.:.:. .A::...:.:..:.:..: .,.,. :.:...:.: ,.,.,.... . .,.,.,.,..... Fencing: Traffic noises along Alga Road shall be attenuated through the incorporation of a solid masonry wall, earthen berm or combination of the two. The precise location and construction of this system shall be determined as a result of a noise study for the area. An open fence shall be constructed along the southwestern boundary of the public utility corridor. A solid wall shall be constructed along the southwestern boundary of the public utility corridor. A solid wall shall be constructed along the southerly planning area boundary between Pacific Rim Drive and W .~~~.~~~~~~~~~ Street. Landscape: All community-wide landscape standards described in Section A, Community Design Elements of Chapter IV shall be incorporated into this planning area. In addition, the following specific landscape concepts shall be included in the development of this planning area: 0 Views to and from the golf course and lagoon must be preserved. 0 Common streetscape areas shall conform to community requirements. Street trees, landscape planting intensity zones, paving, entry monuments, irrigation systems, walls, fences, lighting, etc., have been predetermined to provide consistency in design and quality. 7 0 Landscape screening of all dwelling units shall be incorporated to soften views of these structures from Alga Road and Pacific Rim Drive. 0 Landscaping adjacent to the public utility corridors shall utilize trees, shrubs and walls to visually screen utility structures and provide security and privacy for the homeowner. 0 A fire suppression zone subject to the approval of the Planning Director and Fire Marshal shall be established between native/naturalized areas and structures. The fire suppression plan should incorporate structural setbacks from native areas in combination with a program of selective thinning of native vegetation subject to the approval of the Planning Director. 0 Where parking lots are provided, a minimum 320 square foot landscaped island shall be provided for every ten parking spaces. 0 Existing trees identified during Site Development Plan review shall be preserved. Street Trees: Pacific Rim Drive shall be planted with Jacaranda (Jacaranda acurifolia). Evergreen Pear (Pyrus kawakamii) shall be utilized as a street tree on all other public streets within the planning area. Fencing/Lighting: A solid noise attenuation wall shall be located along the school site frontage to Alga Road. Other fencing within the school grounds shall be determined by the Carlsbad Unified School District. Lighting shall be shielded from surrounding streets and neighborhoods. Landscape: All community-wide landscape standards described in Section A, Community Design Elements of Chapter IV are recommended for this planning area. In addition, the following specific landscape concepts shall be included in the development of this planning area: 0 Views to the golf course and lagoon from adjacent planning areas shall be reasonably preserved. 0 Landscape screening of the dwelling units shall be incorporated to soften views of these structures from Alga road and Pacific Rim Drive. 0 Common streetscape areas shall conform to community requirements. Street trees, landscape planting intensity zones, paving, entry monuments, irrigation I , systems, walls, fences, lighting etc., have been pre-determined to provide consistency in design and quality. 0 Landscaping adjacent to the public utility corridors shall utilize trees, shrubs and walls to visually screen utility structures and provide security and privacy for the homeowner. 0 A fire suppression zone subject to the approval of the Planning Director and Fire Marshal ‘shall be established between native/naturalized areas and structures. The fire suppression plan should incorporate structural setbacks from native areas in combination with a program of selective thinning of native vegetation subject to the approval of the Planning Director. 0 Existing trees identified during Site Development Plan review shall be preserved. 0 All open parking located along Alga Road shall be fully landscaped. Onen Space: The open space corridor which bisects the planning area in a north-south direction and connects with the public utility corridor in Planning Area 4 shall also be maintained as open space. This area shall include natural slopes and vegetation whenever possible. This open space area shall be maintained by the community open space maintenance district. Trails: ,.... The major community trail along the southeasterly side of Alga Road :ii~~~~~~~~~~~~~ :.: . . . . ..;::... . . . . . ,. .:. . . . . :... . . . . . . . ..I... ,.. . . . . . . . . ..i.... :... .: Gradin?: Any development within this planning area shall comply with the City’s Hillside Development Regulations and the slope and resource preservation policies of the underlying local coastal program and subsequent coastal permit. Any application for development within this planning area shall require a slope analysis/biological resource map during Site . . . . : ..: : Development Plan review..~~~~~~~~~~~~~~~~~~~~~~~~~,~~~~~~~~~~~~~~~~~~~~~~~~~~~~ .: . . . . . . . . . . . . . . . ::...:..;.. . ...: .: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., . . . . . . . . . . ,.. . . . , 1 t w- -=- -- 4 iu F TYPICAL CLUSTER PLAN - 4 UNITS MAX. DESIGN CRITERIA - PLANNING AREA 5 EXHIBIT V-6a’b Existing Trees, typ. (to be preserved) SEAPORT Legend Key Map @ 3cenre Point fF View Ortont8tlon Design Criteria - Planning Area 4 -86- Exhibit V-5 /I Revised Natural Slopes 8 Vegetation *ito be preserved) Legend -m Entry tnafMar - . . 0 l [Tzl : W8ll/F*~Clng d l TWI 3eenre Point Vlor Orlont8tlon Key Map Design Criteria - Planning Area 5 Exhibit V-6 -9o- Revised la : . ,- , 4 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 - RESOLUTION NO. 95-360 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO THE EXISTING APPROVALS FOR PLANNING AREA 5 IN THE AVIARA MASTER PLAN TO DEVELOP 131 DETACHED, CLUSTERED SINGLE FAMILY UNITS WITHIN THE AVIARA MASTER PLAN LOCATED SOUTH OF ALGA ROAD AND EAST OF BATIQUITOS DRIVE IN THE COASTAL ZONE IN THE SOUTHWEST QUADRANT OF THE CITY. CASE NAME: AVIARA PLANNING AREA 5 - WESTERN PACIFIC CASE NO: MP 177(P)/LCPA 95-ll/CT 90-09(A)/CP 95-01 WHEREAS, the Planning Commission did on November 15, 1995, hold a duly noticed public hearing as prescribed by law to consider Major Master Plan Amendment MP 177(P), Local Coastal Program Amendment LCPA 95-11, Tentative Map Amendment CT 90-09(A) and Condominium Permit CP 95-01(A) and adopted Planning Commission Resolution Nos. 3833, 3834, 3835 and 3836 recommendingtothe City Council that it be approved: and WHEREAS, the City Council did on the 19th day of DECEMBER , 1995, hold a duly noticed public hearing as prescribed by law to consider the proposed amendment to the Planning Area 5 project: and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the Major Master Plan Amendment, Major Local Coastal Program Amendment, Tentative Map Amendment and Condominium Permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the findings and conditions of the Planning Commission in Resolution Nos. 3833, 3834, 3835 and 3836 constitute the findings and conditions of the City Council in this matter. . . . . /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 3. That the Major Master Plan Amendment, Major Local Coastal Program Amendment, Tentative Map Amendment and Condominium Permit (MP 177(P)/LCPA 95-ll/CT 90-09(A)/CP 95-01) is approved as shown in Planning Commission Resolution Nos. 3833, 3834, 3835 and 3836 on file with the City Clerk and incorporated herein by reference. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the 19th day of DECEMBER I 1995, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Hall NOES: None -ABSENT: Council Member ABSTAIN: None ATTEST: Z, City Clerk t City Clerk (SEAL) 2 fl---\ * 7 @ NORTH AVIARA PLANNING ARE:5 CT QO-OQ(A)/CP 95Ol/ LCPA 95-l l/MP 177(P) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - - EXHIBIT 4 1 PLANNING COMMISSION RESOLUTION NO. 3833 A RESOLUTION OF THE PLANNIN G COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A OF A MAJOR MASTER PLANAMENDMENTTO CHANGE ALLOWED PRODUa TYPE AND SET NEW DEVELOPMENT STANDARDS TO DEVELOP 131 DETACHED, CLUSTERED AIR SPACE OWNERSHIP SINGLE FAMILY HOMES ON 20 RESIDENTIAL LOTS ON PROPERTY GENERALLY LOCATEDATTHE SO UTHEASTCORNER OF THE INTERSECTION OF ALGA ROAD AND BATIQUlTOS DRIVE WITHIN PLANNING AREA 5 OF THE AVIARA MASTER PLAN IN THE SOUTHWEST QUADRANT OF THE CITY. CASE NAME: AVIARA-P LANNINGAREA5 CASE NO: MP 177(P) WHEREAS, Western Pacific Housing has filed a verified application with the City of Carlsbad which has been referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for a major Master Plan Amendment as provided by Chapter 2138 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on the 15th day of November, 1995, consider said request for a Master Plan Amendment on property described as: Lots 95,96,97 and 98 of Carlsbad Tract 8535, Aviara Phase 1 Unit C, In the City of Carlsbad, County of San Diego, State of California, according to Map No. 12411, flied in the OfVice of the County Recorder of San Diego County on June 29,1989. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to MP 177(P). NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 4 That the foregoing recitations are true and correct. 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 8) That based on the evidence ‘presented at the public hearing, the Commission RECOMMENDS APPROVAL of Master Plan Amendment, MP 177(P), based on the following findings and subject to the following conditions: Pindines= 1. 2. 3. 4. The Planning Commission finds that: a. the project is a subsequent development as identified in Section 210433.3 of the California Environmental Quality Act; b. the project is consistent with the Aviara Master plan (MP 177) and the previously approved tentative tract map (CT 90-09) with regard to environmentai impacts; C. there was an EIR certiikd (EIR 8342(A)) and a Conditional Negative Declaration approved in connection with the Aviara Master Plan (MP 177) and the previously approved tentative tract map (CT 90-W); d. the project has no new significant environmental effect not analyzed as significant in the prior EIR (EIR 8342(A)) or the prior Conditional Negative Declaration for CT W-09; e. none of the circumstances requiring a Subsequent or Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist; The Planning Commission finds that all feasible mitigation measures or project alternatives identified in the EIR (EIR &02(A)) and the Conditional Negative Declaration for CT 90-09 which are appropriate to this Subsequent Project have been incorporated into this Subsequent Project. The City’s MEIR found that air quality and circulation impacts are significant and adversei therefore, the City Council adopted a statement of overriding considerations. The project is consistent with the Generai Pian and as to those effects, no additional environmental document is required. That the proposed development as described by Master Plan Amendment (MP 177(P)) is consistent with the provisions of the General Plan and any applicable specific plans, in that MP 177(P) only aifects one planning area in the Aviara Master Plan and does not change the designated residential land use; but changes the product type from attached multi-family to detached clustered single family. The proposed change is centered on a eiustered, detached single family product type with overall less units than the existing approval for the site. The scope of the proposed major master plan amendment is consistent with the intent and purpose of the existing Aviara Master Pian in that: (A) the proposed product type change still provides a residential development at a comparable density considering current regulations and approvais for planning area 5; (B) the new deveiopment standards PC RESO NO. 3833 -20 /cl 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. - which implement the new product type proposal will allow for a functional and well planned community and which, with the exception of a 24 foot wide driveway to serve four ‘detached, clustered single family units, all development standards of the Planned Development Ordinance are complied with; (C) the construction of a master plan trail segment within the SDG&E poweriine easement in planning area 5 will be secured by the development of this project; and (D) the changes to the master plan graphics which depict planning areas 4 and 5 will now correctly show the SDG&E easement within planning area 5. That all necessary public facilities can be provided concurrent with need and adequate provisions have been provided to implement those portions of the Capital Improvement Program applicable to the subject property, in that the subject project site has already been mass graded and is ready for development. In addition, major street systems and infrastructure has already been constructed as part of the master plan buildout. Any other necessary public faciiities will be required of the project as appropriate through the conditions of approval and compliance with City standards. That the residential and open space portions of the community will constitute an environment of sustained desirability and stability, and that it will be in harmony with or provide compatible variety to the character of the surrounding area, and that the sites proposed for public facilities, such as schools, playgrounds and parks, are adequate to serve the anticipated population and appear acceptable to the public authorities having jurisdiction thereoE, in that the development of the subject planning area will implement the buildout of the Aviara Master Plan which addresses the residential, open space and public faciiities objectives outlined above. That the proposed commercial and industrial uses will be appropriate in area, location, and overall design to the purpose intended, that the design and development are such as to create an environment of sustained desirability and stability, and that such development will meet performance standards established by Title 21, in that no such commercial or industrial uses are proposed or related to the development of PA 5 with the proposed residential development. That in the case of institutional, recreational, and other similar nonresidential uses, such development will be proposed, and surrounding areas are protected from any adverse effects from such development, in that no such institutionai, recreational, or similar non-residential uses are proposed or related to the development of PA 5 with the proposed residential development. That the streets and thoroughfares proposed are suitable and adequate to carry the anticipated traffic thereon, in that ail applicable City and Engineering standards are compiled with by the proposed development for PA 5. That any proposed commercial development can be justified economically at the location proposed and will provide adequate commercial facilities of the types needed at such location proposed, in that no such commerciai development is proposed or related to the development of PA 5 with the proposed residential development. PC RJSO NO. 3833 -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 11. 12. 1. 2. . . . . . . . . . . . . . . . . . . . . That the area surrounding the development is or can be planned and zoned in coordination and substantial compatibility with the development, in that the deveiopment of PA 5 is part of the implementation of a master planned community which is designed to promote compatibility between planning areas and adjacent That appropriate measures are proposed to mitigate any adverse environmental impact as noted in the adopted Environmental Impact Report for the Aviara Master Plan and the previous environmental review (Mitigated Negative Declaration) performed for the existing approval of CT 90-09, in that any appropriate mitigation measures identified eat-her (noise attenuation) have been incorporated into the design of the proposed project so that no signifkant environmental impacts will occur and no additional mitigation measures are required. Conditions: The. Planning Commission does hereby recommend approval of the Master Plan Amendment, MP 177(P) (Exhibit “X”, dated November 15, 1995) for the Aviara Master Plan project entitled “Aviara PA 5 - Western Pacific”. (Exhibits “A” - “Q” on file in the Planning Department, dated November 15, 1995), subject to the conditions herein set forth. Staff is authorized and directed to make or require the Developer to make all corrections and modifications to the project’s exhibits and/or documents, as necessary to make them internally consistent and conform to City Council’s final action on the project. The reference on Exhibit “D” to the 24’ wide private street shall be changed to private driveway. Master plan text and graphics replacement pages shall be submitted to the Planning Director in substantial conformance with Exhibit “X” within 30 days after final approval of this project (Coastal Commission action). All references in the applicable portions of the master plan text which references Pacific Rim Drive shall be changed to Batiquitos Drive. Development shall occur substantially as shown on the approved exhibits. Any proposed development substantially different from this approval, shall require an amendment to this approval. Approval of MP 177(P) is granted subject to the approval of LCPA 95-11, CT 901 09(A), and CP 9561. MP 177 (P) is subject to all conditions contained in Planning Commission Resolution Nos. 3834,3835, 3836 for LCPA 95-11, CT 90-09(A), and CP 95-01 respectively. PC RESO NO. 3833 -4 /p . 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 Plamkg Commission of the City of Carlsbad, California, held on the 15th day of November, 1995, by the following vote, to wit: AYES: Chairperson Welshons, Commissioners Compas, Monroy, Noble and Savary NOES: Commissioner Envin ABSENT: Commissioner Nielsen ABSTAINz None KIM WEUHONS, Chairperson CARLSBADPLANNIN G COMMISSION ATTEST: Planning Director PC RESO NO. 3833 -5- II 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 RESOLUTION OF THE P LANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A LOCAL COASTAL PROGRAM AMENDMENT TO DEVELOP 131 DETACHED, CLUSTERED AIR SPACE OWNERSHIP SINGLE FAMILY HOMES ON 20 RESIDENTIAL LOTS ON PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF ALGA ROAD AND BATIQUITOS DRIVE WITHIN PLANNINGAREA5OFTHEAVIARAMASTERPLANIN THE SOUTHWEST QUADRANT OF THE CITY. CASE NAME: AVIARA-P LANNINGAREA5 CASE NO: LCPA 95-11 WHEREAS, California State law requires that the Local Coastal Plan, General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; WHEREAS, Western Pacific Housing has filed a verified amendment application to the Local Coastal Program with the Planning Department; and WHEREAS, said verified application constitutes a request for a Local Coastal Program Amendment as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of the California Coastal Commission Administrative Regulations; and WHEREAS, the Planning Commission did on the 15th day of November, 1995, hold a duly notice4 public hearing as prescribed by law to consider the proposed Local Coastal Program Amendment LCPA 95-11, 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 Local Coastal Program Amendment. WHEREAS, State Coastal Guidelines requires a six week public review period for any amendment to the Local Coastal Program. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning ~ co mmission of the City of Carlsbad, as follows: That the foregoing recitations are true and correct. B) At the end of the State mandated six week review period, starting on September 27,1995, and ending on November 8,1995, staff shall present to the City Council a summary of the comments received. C) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of Locai Coastal Program Amendment LCPA 95-11, according to Exhibit “X” which contains master plan text changes as attached to Planning Commission Resolution No. 3833 for MP 177(P), and made a part hereof based on the following findings and subject to the following conditions: Pindiws: 1. That the proposed Local Coastal Program Amendment is consistent with all applicable policies of the Meiio I segment of the Carlsbad Local Coastal Program, in that no policy changes are proposed, only modified development standards for one planning area (PA 5) within the Aviara Master Plan. 2. That the proposed amendment to the Meiio I segment of the Carlsbad Local Coastal Program is required to maintain consistency between the City’s Zoning Ordinance (via the Aviara Master Plan), the City’s Generai Plan and applicable coastal regulations and provisions. Conditions: 1. The Planning Commission does hereby recommend approval of the Local Coastal Program Amendment (Exhibit “X”, dated November 15, 1995 and attached to Planning Commission Resolution No. 3833) for the Aviara Master plan project entitled “Aviara PA 5 - Western Pacific” (Exhibits “A” - “Q”, dated November 15, 1995), subject to the conditions herein set forth. Staff is author&d and directed to make or require the Developer to make alI corrections and modifications to the project’s exhibits and/or documents, as necessary to make them internally consistent and conform to City Council’s final action on the project. Development shall occur substantially as shown on the approved exhibits. Any proposed development substantia.Uy different from this approval, shall require an amendment to this approval 2. Approval of LCPA 95-11 is granted subject to the approval of CT 90=09(A), CP 95-01, and MP 177(P). LCPA 95-11 is subject to all conditions contained in Pianning Commission Resolution Nos. 3g35,3&36,3833 for CT 90=09(A), CP 9541 and MP 177(p),respectively. PCRESON0.3834 -2- da 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 3. Approval of LCPA 95-11 is not effective until it is approved by the California Coastal Commission. If the Coastal Commission approval is substantially different, an amendment to City-issued Major Local Coastal Program Amendment (LCPA 95-11) shall be required. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 15th day of November, 1995, by the following vote, to wit: AYES: Chairperson Welshons, Commissioners Compas, Monroy, Noble and Savary NOES: Commissioner Envin ABSENT: Commissioner Nielsen ABSTAIN None ~ELSHONS, Chairperson CARLSBADPLANNIN G COMMISSION ATTEST Planning Director PC RESO NO. 3834 -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 A RESOLUTION OF THE PLANN-IN G COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP REVISION TO DEVELOP 131 DETACHED, CLUSTERED AIR SPACE OWNERSHIP SINGLE FAMILY HOMES ON 20 RESIDENTIAL LOTS ON PROPERTY GENERALLY LOCATEDATTHESOUTHEAS T CORNER OF THE INTERSECTION OF ALGA ROAD AND BATIQUITOS DRIVE WITHINPLANNINGAREA5OF THE AVIARA MASTER PLAN IN THE SOUTHWEST QUADRANT OF THE CITY. CASE NAME: AVIARA - PLANNIN GAREA5 CASE NO: CT 90-09(A) WHEREAS, Western Pacific Housing has filed a verified application for certain property to wit: Lots 95, %, 97 and 98 of Carisbad Tract 8535, Aviara Phase 1 Unit C, in the City of Carisbad, County of San Diego, State of California, according to Map No. 12411, filed in the Office of the County Recorder of San Diego County on June 29,1989. with the City of Carlsbad which has been referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for a Tentative Tract Map Revision as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 15th day of November, 1995, hold a duly noticed public hearing as prescribed by law to consider said request; and WHERE& 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 Revision. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 4 That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL, of Carlsbad Tentative Tract Revision, CT !JO- 27Lf 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 28 27 28 09(A), based on the following findings and subject to the following conditions: Pindinns: 1. 2. The Planning Commission finds that the project, as conditioned herein for CT !W- 09(A), is in conformance with the Elements of the City’s General Plan, based on the following: a. Land Use - The project implements the residential component of the Aviara Master Pian which regulates the project site. The project is consistent with the City’s General Plan since the proposed density of 5.4 du/acre is within the density range of 4-g du/acre specified for the site as indicated on the Land Use Element of the General Plan and the R-M (Residentiai-Medium) General Plan designation, and is at or below the growth control point of 6.0 du/acre. b. Circulation - The project is already served by, or located adjacent to, existing public street systems including Alga Road, a Circulation Element Roadway. Ail internal street systems shall be designed and constructed to City standards for public and/or private skeets, as appropriate. C. Noise - The project, as designed, will comply with the City’s noise standards for new residential developments. d. Housing - The Aviara Master Pian has satisfied its affordable housing requirements allowing the balance of the master plan, including PA 5, to be processed and approved by the City. That the project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance as the Developer has entered into an Affordable Housing Agreement and has met affordable housing obligations through the Villa Loma project. e. Open Space and Conservation - No open space dedications or natural resource conservation is required by the master plan for the development of PA 5. Internal slopes and open space will be maintained privately by the planning area and/or master plan master homeowners association. The Planning Commission finds that: a. the project is a subsequent project consistent with a Community Plan (the Atiara Master Plan) as identified in Section 15183 of the CEQA Guidelines; b. the project is consistent with the Aviara Master Plan (MP 177); PC RESO NO. 3835 -2- 2s 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 3. 4. 5. . C. there was an EIR certified (EIR %3=02(A)) in connection with the Aviara Master Plan (MP 177) and a Mitigated Negative Declaration approved in connection with the existing approval for PA 5 which involves 147 muiti- family dwelling units (CT 90-O!)); d. the project has no new significant environmental effect not analyzed as significant in the prior EIR or Mitigated Negative Declaration; and e. none of the circumstances requiring Subsequent or Supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist. The Planning Commission finds that all feasible mitigation measures or project alternatives identified in the EIR (EIR &%02(A)) and/or Mitigated Negative Declaration approved with CT 90-09 which are appropriate to this Subsequent Project have been incorporated into this Subsequent Project. The City’s MEIR found that air quality and circulation impacts are signilicant and adverse; therefore, the City Council adopted a statement of overriding considerations. The project is consistent with the Generai Plan and as to those effects, no additional environmental document is required. The project is consistent with the City-Wide Facilities and Improvements Plan, the applicable local facilities management plan, and all City public facility policies and ordinances since: a. b. C. d. e. The project has been conditioned to ensure that the hnal map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the project is conditioned such 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 District Engineer 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. Statutory School fees will be paid to ensure the availability of school facilities in the Carisbad School District, unless said fees are waived by the Carisbad Unified School District. The dedication of a 24.25 acre park site at the northern terminus ofAmbrosia Lane satisfies park fee requirements. All necessary public improvements have been provided or are required as conditions of approval. The developer has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and PC RESO NO. 3835 -3- ad 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 6. 7. 8. 9. 10. 11. 12. 13. - payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. The project has been conditioned 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 has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 19. That the project is consistent with the City’s Landscape Manual, adopted by City Council Resolution No. 90-384. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, the Aviara Master Plan, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that ail required public improvements will be provided, ail necessary faciiities and services will be available, and ail applicable City standards will be applied and enforced to promote public health, safety and welfare. That the proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on the General Plan and within the Aviara Master Plan, in that the subject planning area and surrounding planning areas are designated for either Residential-Medium density (RM) development which allows 4-g dwelling units per acre, or Residential Low- Medium density (RLM) which allows up to 4 dwelling units per acre- Planning Area 5 proposes an aiiowabie density of 5.4 du/acre which under the 6.0 du/ac Growth Control Point for the RM density range. That 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, in that ail applicable City and Master Plan standards and design guidelines are accommodated by the subject planning area site and proposed site design/product type- That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the Master Pian and buildout of individual planning areas has been designed and structured so that no conflicts with any easements will occur. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act), in that no such contract pertains to, or exists for, the master plan property or subject planning area site- PC RESO NO. 3835 -4- 27 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 - 14. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that overall building orientation and placement, in combination with the proposed variety of fioor plan types and dominant wind/solar radiation patterns, will allow utiiization of natural heating and cooling opportunities. 15. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources in that the project complies with all applicable facilities and financing plans to assure the balance of housing needs in the region against public services avaiiabiiity without impacting environmental resources. 16. That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that previous environmental analysis and review associated with the Aviara Master Plan and the original approval of PA 5 for 147 multi-family dwelling units (CT 9Oa) have documented the lack of any significant impacts to fish, wildlife or their respective habitats created the buiidout of the subject planning area- 17. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that all National Pollutant Discharge Eiimination System (NPDES) requirements will be met through final project design. 18. The Planning Commission has 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. The Planning Commission does hereby RECOMMEND APPROVAL of the Tentative Tract Map Revision, CT 90=09(A), for the Atiara Master plan project entitled “Aviara PA-5 - Western Pacific”. (Exhibits “A” - “Q” on fle in the Planning Department and incorporated by this reference, dated November 15, 1995), subject to the conditions herein set forth. Staff is authorixed and directed to make or require the Developer to make all corrections and modifications to the project’s exhibits and/or documents, as necessary to make them internally consistent and conform to City Council’s final action on the project. Development shall occur substantially as shown on the approved exhibits. Any proposed development substantially different from this approval, shall require an amendment to this approval. PC RRSO NO. 3835 -5- 28 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 2. The Developer shall comply with all applicable provisions of federal, state, and local ordinances in effect at the time of building permit issuance. MauS and Exhibits 3. The Developer shall provide the City with a reproducible 24” x 36”, mylar copy of the Revised Tentative Map as approved by the final decision making body. The Revised Tentative Map shall reflect the conditions of approval by the City. The Map corn shall be submitted to the City Engineer and approved prior to building, grading, final map, or improvement plan submittal, whichever occurs first. 4. The Developer shall provide the Planning Director with a 500’ scale mylar of the subdivision prior to the recordation of the final map. Said map shall show all lots and streets within and adjacent to the Project. 5. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced, legible version of the approving resolution/resolutions on a 24” x 36” blueline drawing. Said blueline drawing(s) shall also include a copy of any applicable Coastal Development Permit and signed approved site plan. Facilities & Services 6. The final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is available to serve the subdivision. 7. Building permits will not be issued for development of the subject property unless the District Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. A note to this effect shall be placed on the final map. 8. The Developer shall pay the public facilities fee adopted by the City Council on July 28, 1987 (amended July 2, 1991) and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or Facilities and Improvement Plan and to fulfill the subdivider’s agreement to pay the public facilities fee dated August 10,1995, a copy of which is on file with the City Clerk and is incorporated by this reference. If the fees are not paid, this‘application will not be consistent with the General Plan and approval for this project will be void. 9. The Developer shall provide proof of payment of statutory school fees to mitigate conditions of overcrowding as part of the building permit application unless waived by the Carisbad Unified School District. The amount of these fees shall be determined by the fee schedule in effect at the time of building permit application. 10. This project shall comply with all conditions and mitigation measures which are required as part of the Zone 19 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. PC RESO NO. 3835 -6- 27 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 General Conditions 11. 12. 13. 14. 15. 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 residential housing project are challenged this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Approval of CT 901)9(A) is granted subject to the approval of CP 95-01, LCPA 95-11 and MP 177(P). CT 90=09(A) is subject to all conditions contained in Planning Commission Resolution Nos. 3836,3&U, 3833 for CP 95-01, LCPA 95-11 and MP 177(P), respectively. The conditions of approval for CT 9049(A) contained in this resolution supersede ail previous conditions of approval for CT 90-09, contained in Planning Commission Resolution No. 3100 with the exception of condition number 45 regarding tentative tract map expiration which remains in full force and effect The Developer shall establish a homeowner’s association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to the issuance of final map approval, the Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Tentative Tract Map Revision by Resolution No. CT 90-09(A) on the real property owned by the developer. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the developer or successor in interest. Sneciflc Onsite Conditions 16. All visitor parking spaces shall be striped a different color than the assigned resident parking spaces, or otherwise signed or designated to the satisfaction of the Pianning Director, and shall be clearly marked as may be approved by the Planning Director as part of final design or improvement plan approval. 17. An exterior lighting plan including parking areas and recreation areas shall be submitted for Planning Director approval prior to building permit issuance. All lighting shall be designed to reflect downward and avoid any impacts on adjacent homes or property. PC RESO NO. 3835 -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 18. No outdoor storage of material shall occur onsite unless required by the Fire Chief. In such instance a storage plan will be submitted for approval by the Fire Chief and the Planning Director. 19. The master plan trail segment located within the SDG&E poweriine easement shall be constructed prior to the granting of occupancy for any unit or phase located adjacent to the SDG&E easement. This includes Lots 9,10,12, and 17 as shown on Exhibits “A” - “C” dated November 15, 1995, on Rie in the Planning Department. Phasing of the trail construction may be aiiowed concurrent with the phasing of the units/phases adjacent to the SDG&E easement subject to the approval of the Planning Director. Landscane 20. 21. The Developer shall prepare a detailed landscape and irrigation plan in conformance with the approved Preliminary Landscape Plans (Exhibits “0” - “Q” dated November 15, 1995) the landscape guidelines of the Aviara Master Plan, and the City’s Landscape Manual. The plans shall be submitted to and approval obtained from the Planning Director prior to the approval of the final map, grading permit, or building permit, whichever occurs first. The Developer shall construct and install all landscaping as shown on the approved plans, and maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and debris. The detailed landscape plans shall also show in detail the alignment, landscaping, and irrigation proposed for the master plan trail segment located in the SDG&E poweriine easement. The Developer shall prepare and submit a master site plan of the existing onsite trees to the Planning Director as part of the final grading plan to determine which trees shall be required to be preserved prior to the issuance of a grading permit or a building permit, whichever occurs first. Existing onsite trees shall be retained wherever possible and shall be trimmed as needed. Dead, decaying or potentially dangerous trees shall be approved for removal at the discretion of the Planning Director during the review of the master site plan. Those trees which are approved for removal shall be replaced on a tree-for-tree basis, and all mature trees shall be replaced with minimum 36” box specimens. This project is further approved subject to the condition that should any of the 9 existing on-site oak trees located on Lots 29-32 be lost to development at any time, the applicant (Western Pacific Housing) or successor in interest shall be required to replace these oak trees at the following ratios: Two minimum sized 24” box specimens fw each 6” to 23” diameter oak tree, two minimum sized 24” box specimens and one minimum sized 36’ box specimen for each 24” - 40” diameter oak tree, one minimum sized 36’ box specimen and one minimum sized 48” box specimen for each 41” - 60” diameter oak tree. A note to this effect shall be placed on the final grading and landscape plans prior to grading permit issuance. In addition, prior to approval of any final map, the Developer shall submit to the City a Notice of Restriction to be filed in the Office of PC RESO NO. 3835 -8- 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 the County Recorder, subject to the satisfaction of the Pianning Director, not@@ all potentially affected par&s and successors in interest that the City of Carlsbad has placed an oak tree presetsation requirement on the subject properties. Said Notice of Restriction shall describe the location of the existing oak trees and the replacement conditions, to the satisfaction of the Planning Director. 22. The first submittal of detailed landscape and irrigation plans shall be accompanied by the project’s building, improvement, and grading plans. Siens and Identifkation 23. 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. Miscellaneous Planning Conditions 24. The Developer shall provide bus stops to service this development at locations and with reasonable facilities to the satisfaction of the North County Transit District and the Planning Director. Said facilities, if required, shall at a minimum include a bench, free from advertising, and a pole for the bus stop sign. The bench and pole shall be designed to enhance or be consistent with the basic architectural theme of the project. 25. The Developer shall display a current Zoning and Land Use Map in the sales office at all times, or suitable alternative to the satisfaction of the Planning Director. 26. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets. 27. This project is being approved as a condominium permit for residential home ownership 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. The C!C&Rs for the project shall include this requirement. Continnencv Permits/Other Aeencies 28. Prior to approval of the linai map, the Developer shall receive approval of a Coastal Development Permit issued by the California Coastal Commission that substantially conforms to this approval. A signed copy of the Coastal Development Permit must be submitted to the Planning Director. If the approval is substantially different, an amendment to revised tentative map shall be required.’ Environmental 29. Prior to the reuxdation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property is subject to overflight, sight, and sound of aircraft operating from PC RESO NO. 3835 -9- 33 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 30. 31. 32. McClellan-Palomar Airport in a form meeting the approval of the Planning Director and the City Attorney (see Noise, Form #2 on file in the Planning Department). The Developer 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 (see Noise Form #3 on file in the Planning Department). Ail Coastal Deed Restricted areas shall be flagged and staked by a licensed surveyor or civil engineer prior to any grading of the site to satisfaction of the Planning Director. A note to this effect shall be placed on the final map, final grading plans and landscape plans. Consistent with the Preliminary Noise Study performed for the amended PA 5 project dated September 6,195, a final noise report based on precise grading plans shall be submitted to the Pianning Director prior to building permit issuance. This final noise report shall be the basis for any interior noise mitigation measures and/or mechanical ventilation systems required on a per unit basis. Eneineerine Conditions: Unless specifically stated in the condition, all of the following engineering conditions upon the approval of this proposed major subdivision must be met prior to approval of the first final map. 33. This project is approved for up to three (3) units for the purposes of recordation provided the following arc met to the satisfaction of the City Engineer and the Planning Director: & b. c d. e f. Ail adjacent lots shall be numbered consecutively throughout the entire subdivision. Ail lots providing recreational facilities needed to serve each unit shall be provided with that unit. Each unit shall meet the Culde-sac Standard. Lots 1 through 4 as shown on the tentative map shall be included within one unit. Lot 21 with recreational facilities may be included in this unit if the lot is re-renumbered consecutiveiy. Lots 5 through 14 as shown on the tentative map shall be included in one unit. Lot 22 shown with recreational facilities may be included in this unit if the lot is renumbered consecutively. Lots 15 through 20 as shown on the tentative map shall be included in one unit. Lot 21 with recreational facilities may be included in this unit. PC RESO NO. 3835 -lO- 33 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 34. 35. 36. 37. 38. 39. 40. 41. 42. & Ail easements needed to provide utilities to serve each unit is provided. Construction may he phased provided ail facilities needed to me the phase and meet the Cuid*sac Standard are provided to the satisfaction of the City Engineer and Planning Director. The phases as shown on the tentative map are not specifkaiiy approved. A note to this effect shall be placed on the final map. The developer shall provide an acceptable means for maintaining the private easements within the subdivision and all the private: streets, sidewalks, street lights, storm drain facilities and sewer facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. Adequate provision for such maintenance shall be included with the CC&Rs subject to the approval of the City Engineer. All concrete terrace drains shall be maintained by the homeowner’s association (if on commonly owned property) or the individual property owner (if on an individually owned lot). An appropriately worded statement clearly identifying the responsibility shall be placed in the CC&Rs. The developer shall defend, indemnify and hold harmless the City and its agents, officers, and employees from any claim, action or proceeding against the City or its agents, officers, or employees to attack, set aside, void or null an approval of the City, the Planning Commission or City Engineer which has been brought against the City within the time period provided for by Section 66499.37 of the Subdivision Map Act. The developer shall pay the current local drainage area fee or shall construct drainage systems in conformance with Master Drainage Plan and City of Carlsbad Standards as required by the City Engineer. The owner of the subject property shall execute an agreement holding the City harmless regarding drainage across the adjacent property. Direct access rights for all lots abutting Alga Road, Batiquitos Drive and Hummingbird Road shall be waived on the final map. Prior to approv; 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 on a form provided by the City. The subject property is within the boundaries of Assessment District No. 88-l (Alga Road). Upon the subdivision of land within the district boundaries, the owner may pass through assessments to subsequent owners only if the owner has executed a Special Assessment District Pass-through Authorixation Agreement. Said Agreement contains provision regarding notice to potential buyers of the amount of the assessment and other provisions and requires the owner to have each buyer receive and execute a Notice of Assessment and an Option Agreement. In the event that the PC RESO NO. 3835 -ll- 34 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 43. 44. owner does not execute the Authorixation Agreement, the assessment on the subject property must be paid off in full by the owner prior to final map approval. The developer shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit. The developer shall provide best management practices as referenced in the “California Storm Water Best Management Practices Handbook” 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 The design of all private streets and drainage systems shall be approved by the City Engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City. The standard improvement plan check and inspection fees shall be paid. a. The first final map and each subsequent final map shall bc connected to the public street system with fully improved private streets and me& the Cuida sac Standard. Improvements shall include but not be limited to concrete curb, gutter, sidewalks, street lights and ail utilities needed to serve the unit including any needed looped water main systems. Fire Conditions: 45. 46. 47. 48. 49. 50. 51. 52. . . . . Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department. Additional onsite public hydrants are required. Applicant shall submit a site plan to the Fire Department for approval, which depicts location of required, proposed and existing hydrants. Applicant shall submit a site plan to the Fire Department for approval of access, driveways and general traffic circulation. An all-weather access road shall serve the project during construction. All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. Proposed security gate systems shall be provided with “Knox” key operated override switch, as specified by the Fire Department. All private driveways that are 24 foot wide and sewe four units or less, shall be kept clear of parked vehicles at all times, and shall have posted “No Parking/Fire Lane” pursuant to Section 17.04.020, Carlsbad Municipal Code. PC RESO NO. 3835 -12- 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 53. 54. 55. 56. 57. - Brush clearance shall be maintained according to the specifications contained in the City of Carlsbad Landscape Manual. Applicant shall provide brush clearance plan to the Fire Department for approval. Plans and/or specifications for fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction. Buildings having an aggregate floor area exceeding 10,000 square feet shall be protected by an automatic sprinkler system. Prior to submittal of water improvement plans, the applicant shall submit to the Fire Department a map, showing the street network, conforming to the following criteria: . 4oo’scale . Photo reduction on mylar . At least two existing streets and/or intersections shall be referenced on the map (not a separate vicinity map) . Maps shall include the following information: Street centerlines Street names Fire hydrant locations Monument sign shall be installed at the entrance to driveway/private street indicating addresses of buildings on the site. Water Condithhs: 58. The entire potable water system, reclaimed water system and sewer system shall be evaluated in detail to insure that adequate capacity, pressure and flow demands can be met. 59. The Developer shall be responsible for all fees, deposits and charges which will be collected before and/or at the time of issuance of the building permit. The San Diego County Water Authority capacity charge will be collected at issuance of application for meter installation. 60. Sequentially, the Developer’s Engineer shall do the following: a. Meet with the City Fire Marshal and establish the fire protection requirements. Also obtain GPM demand for domestic and irrigational needs from appropriate parties. b. Prepare a colored reclaimed water use area map and submit to the Planning Department for processing and approval. C. Prior to the preparation of sewer, water and reclaimed water improvement plans, a meeting must be scheduled with the District Engineer for review, PC RESO NO. 3835 -13- 36 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 comment and approval of the preliminary system layouts and usages (i.e., GPM - EDU). 61. This project is approved upon the expressed condition that building permits will not be issued for development of the subject property unless the water district serving the development determines that adequate water service and sewer facilities are available at the time of application for such water service and sewer permits will continue to be available until time of occupancy. This note shall be placed on the final map. 62. If any of the foregoing conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time; if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Resolution. CODE REMINDERS Planning: Fees 63. The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. Final Man Notes 64. 65. 66. 67. . . . . The following note shall be placed on the Final Map: “prior to issuance of a building permit for any buildable lot within the subdivision, the Developer shall pay a one- time special development tax in accordance with the City Council Resolution No. 91- 39.” Approval of this request shall not excuse compliance with all applicable sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance, except as otherwise specifically provide herein. The Developer shall submit a street name list consistent with the City’s street name policy subject to the Planning Director’s approval prior to final map approval. Prior to occupancy of the first dwelling unit the Developer shall provide all required passive and active recreational areas per the approved plans, including landscaping and recreational facilities. PC RESO NO. 3835 -14- 37 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 68. All landscape and irrigation plans shall be prepared to conform with the Landscape Manual and submitted per the landscape plan check procedures on file in the Planning Department. Signs 69. Any signs proposed for this development shall at a minimum be designed in conformance with the City’s Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. Engineering: 70. As required by state law, prior to the recordation of a final map over any of the subject property, the developer shall submit to the City an application for segregation of assessments along with the appropriate fee. A segregation is not required if the applicant pays off the assessment on the subject property prior to the recordation of the final map. In the event a segregation of assessments is not recorded and property is subdivided, the full amount of assessment will appear on the tax bills of each new lot. 71. Prior to hauling dirt or construction materials to or from 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. 72. 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. The developer must submit and receive approval for grading plans in accordance with City Codes and Standards. Prior to issuance of a building permit for the project, a grading permit shall be obtained and grading work be completed in substantial conformance with the approve grading plans. If the disturbed area is five acres or more, prior to the issuance of a grading permit or building permit, whichever occurs first, the developer shall submit proof that a Notice of Intention has been submitted to the State Water Resources Control Board. 73. No grading shall occur outside the limits of the subdivision unless a grading or slope easement is obtained from the owners of the affected properties. If the developer is unable to obtain the grading or slope easement either the tentative map shall be amended or the plans shall be modified 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. . . . . PC RESO NO. 3835 -15 38' 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 74. 75. 76. 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. The developer shall exercise special care during the construction phase of this project to prevent oflkite siltation. Planting and erosion control shall be provided in accordance Additional drainage easements may be required. Drainage structures shall be provided or installed prior to or concurrent with any grading or building permit as may be required by the City Engineer. A note shall be placed on the improvement plans stating which improvements and utilities are public and which are private. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 15th day of November, 1995, by the following vote, to wit: AYES: Chairperson Welshons, Commissioners Compas, Monroy, Noble and Savary NOES: Commissioner Envin ABSENT: Commissioner Nielsen ABSTAINz None KIM WELSHONS, Chairperson CARLSBAD P LANNING COMMISSION AlTESF MICHAEL J. H~LZMILLER Planning Director PC RESO NO. 3835 -16- 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3836 A RESOLUTION OF THE PLANNIN G COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CONDOMINIUM PERMIT TO DEVELOP 131 DETACHED, CLUSTERED AIR SPACE OWNERSHIP SINGLE FAMILY HOMES ON 20 RESIDENTIAL LOTS ON PROPERTY GENERALLY LOCATED AT THE SOUTHEAS T CORNER OF THE INTERSECTION OF ALGA ROAD AND BATIQUITOS DRIVEWITHINPLANNINGAREA5OFTHEAVIARA MASTER PLAN IN THE SOUTHWES T QUADRANT OF THECITY. CASE NAME: AVIARA - P L,ANNINGAREA5 CASE NO: CP 95-01 WHEREAS, Western Pacific Housing has filed a verified application for certain property to wit: Lots 95, %, 97 and 98 of Carisbad Tract 8535, Aviara Phase 1 Unit C, in the City of Carisbad, County of San Diego, State of California, according to Map No. 12411, Med in the OMce of the County Recorder of San Diego County on June 29,1989. with the City of Carlsbad and which has been referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for a Planned Unit Development as provided by Chapter 21.45 of the Carlsbad Municipal Code; and WHEREAS, the Plamiug Commission did, on the 15th day of November, 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, CP 95101. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 4 That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of Condominium Permit, CP 95-01, based on Lfb 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 - the following findings and’ subject to the following conditions: FindinPs: 1. That the granting of this permit will not adversely affect and will be consistent with Chapter 21.45 of Title 21, the General Plan, applicable specific plans, master plans, and all adopted plans of the City and other governmental agencies, in that the proposed project implements the approved Aviara Master Plan, as well as the proposed master plan amendment that is being processed concurrently with this project (MP 177-P) to allow the detached, ciustercd single family product type. This project also is consistent with the applicable provisions, standards and design criteria of the Planned Development Ordinance (Chapter 21.45 of the Municipal Code), the Zone 19 Locai Facilities Management Plan documents including the Zone 19 Finance Plan. The project is also consistent with existing coastai regulation and applicable Locai Coastai Program provision, as well as the proposed LCP amendment (LCPA 95-11) which also concurrent with this project. The LCP Amendment modifies the LCP since a coastai zone master plan is being modified. 2. That the proposed use at the particular location is necessary and desirable to provide a service or facility which will contribute to the long-term general well-being of the neighborhood and the community, iu that buiidout of the Master Pian will contribute to the long term generai welfare of the area by providing development consistent with the City’s Generai Plan. The location for this use is refiectcd in the existing General Pian and Master Pian for the site. The site is already approved for 147 units, however, the proposed amendments (to tentative map, master plan, LCP) and this corresponding Condominium Permit (CP), proposes a product type change and less units (131 vs. 147). Therefore this CP implements the intent and purpose of the master plan and Generai Plan for the subject planning - 3. That such use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity, in that since the project is partial buiidout of a comprehensive master plan which will provide major infrastructure and public improvements that will enhance the generai welfare of the City. In addition, the project is designed to function to ail applicable City standards and will be consistent with the City’s General Plan. 4. That the proposed Planned Development meets all of the minimum development standards set forth in Chapter 21.45.090, the design criteria set forth in Section 21.45.080, and has been designed in accordance with the concepts contained in the Design Guidelines Manual, in that ail design criteria have been &is&i including: (a) a functional relationship between structures, landscaping and open space areas; (b) the provision of adequate usable open space, street systems, recreational opportunities and adequate resident and guest parking spaces and opportunities; (c) compatibiiity with existing and future permitted land uses while not creating a disruptive element to the community; (d) the provision of an internal street system that does not dominate the project’s design or confiict with any recreational areas, PC RESO NO. 3836 -2- c 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. parking locations or other common areas of the project; (e) the provision of adequate recreation facilities; and (f) structures that will promote architectural harmony. That the proposed project is designed to be sensitive to and blend in with the natural topography of the site, and maintains and enhances significant natural resources on the site, in that the site of the subject planning area has been mass graded so that no significant natural resources or sensitive topographic considerations are involved. That the proposed project’s design and density of the developed portion of the site is compatible with surrounding development and does not create a disharmonious or disruptive element to the neighborhood, iu that ail applicable provisions arc complied with so that no disruptive elements will be created by the buiidout of the Master Pian, or this planning area in particular. That the project’s circulation system is designed to be efficient and well integrated with the project and does not dominate the project, in that the proposed circulation system meets ail standards while not dominating the project or adversely impacting any of the project’s features or amenities. Conditions: 1. 2. . . . . . . . . . . . . . . . . . . . . The Planning Commission does hereby recommend approval of the Condominium Permit, CP 95-01 for the Aviara Master Plan project entitled “Aviara PA 5 - Western Pacific”. (Exhibits “A” - “Q” on file in the Planning Department and incorporated by this reference, dated November 15,1995), subject to the conditions herein set forth. Staff is author&d and directed to make or require the Developer’ to make all corrections and modifications to the project’s exhibits and/or documents, as necessary to make them internally consistent and conform to City Council’s final action on the project. Development shall occur substantially as shown on the approved exhibits. Any proposed development substantially different from this approval, shall require an amendment to this approval. Approval of CP 95-01 is granted subject to the approval of CT 90=09(A), LCPA 95-11, and MP 177(P). CP 95-01 is subject to all conditions contained in Planning Commission Resolution Nos. 3835,3834, 3833 for CT 90-09(A), LCPA 95-11 and MP 177(p), respectively. PC RESO NO. 3836 -3- c . 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 . PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 15th day of November, 1995, by the following vote, to wit: AYES: Chairperson Welshons, Commissioners Compas, Monroy, Noble and Savary NOES: Commissioner Erwin ABSENT: Commissioner Nielsen ABSTAIN: None KIM w&LSHONS, Chairperson CARLSBAD PLANNIN G COMMISSION MICHAEL J. ~JouMI~ER Planning Director PC RESO NO. 3836 -4 EXHIBIT 5 MMISSION Rem No. 6 0 P.C. AGENDA OF: NOVEMBER 15, 1995 Application complete date: September 20,1!395 Project Planner: Eric Munoz Project Engineer: Jim Davis SUBJECT: MP 177WYLCPA 95-WCT 904WAKP 95-01 - AVIARA PA 5. WESTERN PACIFIC - Request for a revision to an existing tentative map approval for Planning Area 5 in the Aviara Master Plan which allows 147 multi-family dwelling units on the pre-graded 24 acre site. The revision request proposes a clustered single family product type with a total of 131 dwelling units. Also involved is a new condominium permit, a major master plan amendment and a local coastal program amendment. The Aviara Master Plan is located in P- C (Planned Community) zoned property located west of El Camino Real, north of the Batiquitos Lagoon in the Southwest Quadrant of the City, in the Coastal Zone, within Local Facilities Management Zone 19. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution Nos. 3833,3834, 3835 , and 3836, RECOMMENDING APPROVAL of Master Plan Amendment MP 177(P), Local Coastal Program Amendment LCPA 95-11, Tentative Tract Map Revision CT 90- 09(A), and Condominium Permit CP 95-01 respectively, based on the findings and subject to the conditions contained therein. II. INTRODUCTION The subject site is already approved for 147 multi-family dwelling units (CT 90-09). This project proposes to change the product type and develop the site with 131 clustered, detached single family units. The new air space ownership prod&t type complies with most of the applicable standards of the Planned Development Ordinance, however, the allowance for a 24 foot wide driveway to serve each 4 unit cluster is central to the design of the proposed product type and requires specific development standards to be written into the Aviara Master Plan for this planning area. Changes to the master plan text and graphics will address the project issues as summarized below: . Allowed use/product change from multi-family to clustered single family; . Specific development standards for new product type established for PA 5; . Master Plan trail segment in adjacent SDG&E easement is triggered by PA 5; and . Clean up of graphics to accurately depict the boundary between PA 4 and 5. - - MP ‘177(P)/LCPA 95-1 l/L I &-09(A)/CP 95-01 AVIARA PA 5, WESTERN PACIFIC NOVEMBER 15,1995 PAGE 2 III. PROJECI’ DESCRIITION AND BACKGROUND The site for PA 5 is currently mass graded into three pad areas and certain improvements are already in place including the Alga Road (site’s northern edge), Batiquitos Drive (site’s western edge), Hummingbird Road (bisects southern portion of site) and Rock Dove Street public street systems. Sidewalks and the required noise attenuation wall along Alga Road are also currently in place. In the eastern portion of the site is the SDG&E easement with the existing development of Planning Area 4 located beyond. The three graded pads that comprise PA 5 are located as follows: two pads adjacent to Batiquitos Drive on the west perimeter of the site and a third pad separated from the other two by a large slope containing native vegetation and nine (9) large oak trees. These oak trees were conditioned to be retained with the current approval of PA 5 and that same condition has been placed on this amended project (Condition No. 20 of Resolution No. 3835). This project proposes a new product type for Planning Area 5 with new development standards written into the master plan specifically for this planning area. The new product type is a clustered, detached single family concept where a 32 foot wide internal private street system serves the planning area (in addition to the existing public streets). Guest parking is allowed on one side of this internal private street. Coming off of the 32 foot private street are 24 foot wide courtyards/driveways which access a maximum cluster of four units. Each of these four unit clusters are typically separated on the site plan by a unit that faces directly out onto the 32 foot wide private street. These units have garages that observe a 20 foot private street setback measured from the back of the sidewalk. A typical four unit cluster layout is provided on Exhibit “D” while the site plan/tentative map exhibits, Exhibits “B” and “C” depict the entire site layout. The new development standards and product type provisions are proposed via master plan text changes and the introduction of a graphic depicting the typical four unit detached cluster product type for the Planning Area 5 chapter of the Aviara Master Plan. These proposed master plan text changes are attached to Planning Commission Resolution No. 3833, as Exhibit “X”, dated November 15, 1995. Other components of the master plan amendment include: a clarification of the trail construction requirement for the SDG&E powerline easement located within PA 5; and a correction of existing graphics within the Aviara Master Plan (SDG&E powerline easement is inaccurately shown within PA 4). Since a coastal zone master plan is involved, the change to the master plan requires a change to the Local Coastal Program which is being proposed via LCPA 95-11. The new air space ownership product type requires a condominium permit (CP 95-01) and the existing tentative map must be amended (Cl? 90-09(A)). Three plan types are proposed ranging in size as follows: Plan 1,2,290 square feet (sq. ft.); Plan 2,2,350 sq. ft.; and Plan 3,2,716 sq. ft. All units have a two car garage. Contemporary concrete tile and stucco wall architecture is proposed with adequate articulation and roof line variation. Maximum building height proposed is 26 feet. The proposed building elevations for the three plans are shown on Exhibits “E” - “J”. The proposed floor plans for the three plans are shown on Exhibits “K” - “M”. MP’177(P)/LCPA 95-11/C I &09(A)/CP 95-01 AVIARA PA 5, WESTERN PACIFIC NOVEMBER l&l995 PAGE 3 Each unit features a 15 by 15 foot minimum rear yard area. Several units exceed this minimum. The common active recreation area requirement for this project is satisfied via the two proposed active recreation areas. As shown on the tentative map (Exhibits “B” and “C’) and landscape exhibit (Exhibit “0”), one active area provides a shuffleboard court and another active area provides a swimming pool. Exhibit “N” depicts the proposed elevations and floor plans for the pool equipment room/restroom facility. A balanced, iinish grading concept is proposed for the development of the mass graded site which involves 2!5,900 cubic yards of cut and fill. Affordable housing requirements for the development of this planning area have already been satisfied at a master plan scale. Iv. ANALYSIS The project is subject to the following analysis and/or regulations: A. B. C. D. E. A Is the proposed master plan amendment and related product type and development standard modifications consistent with Chapter 21.38 (Planned Community Zones, which require master plans) of the City’s Zoning Ordinance and the intent and purpose of the Aviara Master Plan? Is the proposed local coastal program amendment consistent with the City’s coastal regulations and local coastal program segments? Is the proposed tentative map revision consistent with Title 20 (Subdivision Ordinance), the Aviara Master Plan and the City’s General Plan? Is the proposed condominium permit consistent with Chapter 21.45 (Planned Development Ordinance) of the City’s Zoning Ordinance? Is the proposal consistent with the City’s Growth Management Program? Master Plan Amendment - MP 177(P) A master plan amendment is required because a new product type (clustered single family) and new development standards for PA 5 are proposed. Currently up to 189 multi-family dwelling units are allowed; 131 clustered single family units are proposed. The new development standards appear as master plan text changes which are attached as Exhibit “X” to the resolution for MP 177(P), Planning Co mmission Resolution No. 3833. These development standards allow the proposed product type. The allowance for a 24 foot wide driveway to serve four units or less is a departure from current Planned Development Ordinance allowances, yet has been allowed in the City in certain master plan areas. This is consistent with the code because, where a conflict in regulation occurs, the regulations specified in the approved master plan shall control per Chapter 21.38.030(d). All other Planned Development standards and guidelines apply. The components of the new standards/proposed master plan amendment are summarized below: - MP’ 177(P)/LCPA 95-1 l/~ I d-O9(A)/CP 95-01 AVIARA PA 5, WESTERN PACIFIC NOVEMBER 15,1995 PAGE 4 . The allowance for a 24 foot wide courtyard/driveway to serve a maximum of four units (30 feet is the current minimum driveway/street width per the PD Ordinance). 0 The requirement of a 15 by 15 foot minimum dimensioned private passive recreation area per unit. 0 A 32 foot wide private street with guest parking allowed on one side (currently allowed by PD Ordinance). l Establishment of setbacks and building separation requirements (consistent with Planned Development provisions). . Elimination of attached multi-family residential units as an allowed use. . Elimination and reduction of 35 foot height limit to 30 feet/2 stories for the single family style product type proposed. . Clarification of PA 5’s trail construction requirement relative to the granting of occupancy for units in PA 5. . Correction of location maps for PA 4 and 5 in the Aviara master plan; the SDG&E powerline easement currently is incorrectly shown as a part of PA 4. This master plan amendment will correct this and show the SDG&E easement within PA 5. In addition, a graphic is proposed for the master plan text (also attached to Resolution No. 3833) which depicts a typical four unit single family cluster layout. The proposed master plan amendment qualifies as a major master plan amendment per Chapter 21.38 (PC Zone) of the Zoning Ordinance. All applicable provisions of the PC zone are complied with. The intent and purpose of the Aviara Master Plan with regards to PA 5 was to accommodate up to 189 multi-family residential units; the existing approval is for 147 multi-family units. The proposal still involves a residential development at a similar density (147 vs. 131 units). The primary change is the product type shift which is more desirable to the property owners; and acceptable to staff as proposed and conditioned. Therefore, the basic intent and purpose of the Aviara Master Plan for residential development at the proposed density on PA 5 is maintained by the proposed project and related master plan amendment. B. Local Coastal Program Amendment - LCPA 95-11 Located within the Mello I segment of the City’s LCP, the project site has already been approved for development. Coastal Deed Restricted areas area noted on the tentative map exhibits and no encroachment or grading into these areas is proposed/allowed. No changes to coastal zone goals, policies or objectives are proposed; only development standard changes to PA 5 to allow the new product type. An amendment to the LCP is required MP 177(P)/LCPA 95-11~ _ #09(A)/CP 95-N AVIARA PA 5, WE!STERN PACIFIC NOVEMBER 15,199s PAGE 5 since the Aviara Master Plan, as a coastal zone master plan, is the implementing ordinance for this segment of the LCP. The product type change and new development standards for PA 5 to allow the proposed detached, clustered single family product type qualifies as an amendment to the LCP to maintain consistency with the City Zoning Ordinance (Aviara Master Plan) and General Plan. After final City approval, the project will be submitted to the Coastal Commission for processing of the LCP amendment. c. Tentative Map Revision - CT 90=09(A) The proposed subdivision of PA 5 involves 20 residential lots, two active recreation area lots, and eleven open space lots. The 20 residential lots will accommodate 131 air space ownership units. The residential lots as shown on Exhibits “B” and “C equate with a potential phasing of development with each lot typically containing at least one cluster of four units. The open space lots cover SDG&E easement area, and common open space and slope areas. Maintenance for these areas is the responsibility of either the planning area Homeowners Association (HOA) or the Aviara Master Plan Master HOA as noted on the water conservation plan exhibit, Exhibit “P”. As proposed, the tentative tract map amendment meets the requirements of the Subdivision Ordinance - Title 20, and all applicable Engineering standards. The development of PA 5 with 131 residential dwelling units and the proposed product type will be consistent with the Aviara Master Plan (pending concurrent approval of this project’s master plan amendment, MP 177(P)). By implementing an approved master plan, this project is therefore inherently consistent with the City’s General Plan. Continued buildout of the Aviara Master Plan is a goal of General Plan. D. Condominium Permit - CP 95-N A condominium permit is being proposed for the development of 131 air space ownership units pursuant to the City’s Planned Development (PD) Ordinance. The project complies with the applicable regulations of the PD Ordinance including residential parking requirements, guest parking requirements, building height, private street widths, setbacks, building separations and recreation area requirements as noted in the Master Plan analysis section. One standard is different from the PD Ordinance with regards to a courtyard/driveway to serve a four unit cluster which can be 24 feet in width. This is a primary component of the new development standards proposed for PA 5 and is covered in the master plan amendment discussion above in Section A. The design criteria of the PD Ordinance is satisfied because vehicle and pedestrian circulation is accommodated while not proposing a dominant internal street system. Recreation facilities are located to be accessible to all reside& The overall site design implementing the four unit cluster in addition to the proposed landscape concept is appropriate for the site. The provision for required parking is made and guest parking spaces are adequately dispersed throughout the project to serve all units. Being a part of an approved master plan, there will be no disruptive elements introduced into the - MP 177(P)/LCPA 95-l l/ _ 1’ YO-O~(A)/CP 95-01 AVIARA PA 5, WESTERN PACIFIC NOVEMBER 15,1995 PAGE 6 community by the proposed project. Architectural harmony can be achieved and maintained within the planning area and master plan in general and the proposed development will be compatible with existing and planned surrounding developments in the Aviara Master Plan. E. Growth Management The proposed project is located within Local Facilities Management Plan Zone 19 in the Southwest Quadrant. The impacts created by this development on public facilities and compliance with the adopted performance standards are summarized as follows: FACILITY I IMPACTS I COMPLIANCE City Administration Library Waste Water Treatment Parks 485 square feet 259 square feet 131 EDU N/A Yes Yes Yes YeS Drainage Circulation N/A 1310 ADT Yes Yes Fire Open Space Schools Sewer Collection System Water Station Nos. 2 & 4 N/A CUSD 131 EDU 28,820 GPD Yes YeS Yes Yes Yes The project is 13 dwelling units below the Growth Management Growth Control Point allowance and 58 units below the maximum allowed by the master plan for PA 5. Required facilities and services will be available to serve the build-out of the Aviara Master Plan including the development of the subject planning area. All required Growth Management findings are contained in Planning Commission Resolution No. 3835 for CT 90-09(A). v. ENVIRONMENTAL REVIEW The proposed revisions to the approved development project within Planning Area 5 were reviewed with respect to their potential environmental impacts, pursuant to the California Environmental Quality Act, the State CEQA Guidelines, and Title 19 - the City’s Environmental Protection Ordinance. The project site has undergone two previous environmental reviews: the certified Environmental Impact Report for the Aviara Master Plan and master tentative map for Aviara Phase I, CT 85-35, Unit C (EIR 83-02(A)), and the Mitigated Negative Declaration for the 147 unit, multi-family development currently MP’ 177(P)/LCPA 95-l l/~ A &09(A)/CP 95-01 AVIARA PA 5, WESTERN PACIFIC NOVEMBER 15,1995 PAGE 7 approved for Aviara Planning Area 5 (CT 90-09/PUD 90-12). Upon review of the current proposal, it has been determined that this is a reduced project and that there will be no additional significant effects that were not analyzed in the previous environmental reviews. The current proposal conforms to the parameters established through the previous reviews and all adjustments necessary to reduce impacts to a level of insignificance have already been implemented or are incorporated into the project design. Therefore, no mitigation measures are required with this proposal. With regard to air quality and circulation impacts, the City’s MEIR found that the cumulative impacts of the implementation of projects consistent with the General Plan are significant and adverse due to regional factors, therefore the City Council adopted a statement of overriding consideration. The project is consistent with the General Plan and as to these effects, no additional environmental document is required. Considering the adequacy of the previous environmental review on the site, the project qualifies as a subsequent development as identified in Section 21083.3 of the California Environmental Quality Act. Therefore, the Planning Director issued a Notice of Prior Environmental Compliance on September 27, 1995, a copy of which is attached to this report and on file with the Planning Department. ATTACHMENTS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Planning Commission Resolution No. 3833 Planning Commission Resolution No. 3834 Planning Commission Resolution No. 3835 Planning Commission Resolution No. 3836 Location Map Environmental Impact Assessment Form, Part II dated September 20,1995 Notice of Prior Environmental Compliance dated September 27,1995 Disclosure Form Background Data Sheet Local Facilities Impact Assessment Form Reduced Exhibits “A” - “Q”, dated November 15,1995 “A” s “c”: Tentative Map Exhibits “D”: Qpical Cluster Site Plan "E" _ NJ": Plan l/2/3 - Elevations “K” _ “M”: Plan l/2/3 - Floor Plans “IV: Pool Bldg. - Elevations/Floor Plans “0”: Landscape Concept Plan Water Conservation Plan Wall and Fence Plan/Details. ENM:BR’HMWc%kr October 17,199s - * ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. CT 90-09(A)/CP 95-Ol/MP 1771p)/LCPA 95-11 DATE: September 20. 1995 BACKGROUND 1. 2. 3. 4. 5. CASE NAME: Aviara Planning Area 5 APPLICANT: Western Pacific/Culbertson. Adams & Associates ADDRESS AND PHONE NUMBER OF APPLICANT: 85 Argonaut. Suite 220. Aliso Vieio. California 92656: (7141 581-2888 DATE EIA FORM PART I SUBMITTED: Aurmst 14.1995: Complete application: September 19.1995 PROJECT DESCRIPTION: Amendment to an existinp tentative map for PA 5 in the Aviara Master Plan to reolace 147 multi-family units with 131 detached. clustered single family units. To allow sinele familv residential with the product tvpe proposed reauires a master plan amendment. Since a coastal zone master plan is involved. a Local Coastal ProPram Amendment is also reauired. A new Condominium Permit is also reauired for this project. The proposed proiect is essentially a product tvpe change with a slightly reduced density than what is already aDDroved for the subiect site. The master plan currently allows UD to 189 dwelline units. The PA 5 site currently sits as a series of three me-maded pads ready for development: to be served by existing and future infrastructure associated with the Aviara Master Plan. Grading reauired for this proiect involves approximatelv 25.900 cubic yards of cut and fill. The existing proiect (CT 90-091 was approved with a Mitipated Negative Declaration. The only mitizatinrr measure was the provision of a sound wall. This proiect incorporates a noise wall into the desizn of the proiect as reflected on the proiect’s aDDroved exhibits. The noise wall design is based on a detailed noise study done for the amended PA 5 development. Otherwise. this project has been adeauatelv deskned and/or conditioned so that no significant impacts to the environment will occur: and no imuacts beyond those already assessed with the orininal approval of CT 90-09 will occur. . Rev. 3/28/95 - SUMMARY OF ENVIRONMENTAL FACI’ORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact”, or “Potentially Significant Impact Unless Mitigation Incorporated” as indicated by the checklist on the following pages. - Land Use and Planning X Transportation/Circulation - Public Services - Population and Housing - Biological Resources - Utilities and Service Systems - Geological Problems - Energy and Mineral Resources - Aesthetics - Water - Hazards - Cultural Resources X Air Quality - Noise - Recreation - Mandatory Findings of Significance Rev. 3/28/95 DETERMINATION. (To be completed by the Lead Agency). On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I fmd that although the proposed project could have a significant effect on the environment, there will not he a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the. proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have significant effect(s) on the environment, but at least one potentially significant effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT/MITIGATED NEGATIVE DECLARATION is required, but it must analyze only the effects that remain to be addressed. I fmd that although the proposed project could have a significant effect on the environment, there WILL NOT he a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier MITIGATED NEGATIVE DECLARATION pursuan t to applicable standards and (b) have been avoided or mitigated pursuant to that earlier MITIGATED NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. Planner Signature Date Date ?hdF5 - ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by an information source cited in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A “No Impact” answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. “Less Than Significant Impact” applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Sign&ant Impact.” The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significant. Based on an “E&Part II”, if a proposed project could have a potentially significant effect on the environment, but &I potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a “Statement of Overriding Considerations” has been made pursuant to that earlier EIR. A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. Rev. 3/28/95 ._ .’ . A_ . If there are one or more potentially significant effects, the City may avoid preparing an ELR if there are mitigation measures to clearly reduce impacts. to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be prepared. . An EIR must be prepared if “Potentially Significant Impact’ is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a “Statement of Overriding Considerations” for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. 5 Rev. 3/28/95 . -ksues md sqQa’h@ lnfam8tial !lcurca): I. LAND USE AND PLANNIN G. Would the proposal: a) Conflict with general plan designation or zoning? (Source #l ) b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (Source #l) c) Be incompatible with existing land use in the vicinity? (Source #l) d) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses)? (Source #l) e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? (Source #I) II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? (Source #l) b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? (Source #l) c) Displace existing housing, especially affordable housing? (Source #l) III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to pokntkl impacts involving: a) Fault rupture? (Source #l) b) Seismic ground shaking? (Source #l) c) Seismic ground failure, including liquefaction? (Source #l) POtUltiJly S-i Unless . . . llzgzd Le!sThm Significant w=t No Impect x x x x x x x x x x X . @sues @uld suppahg Illfmtial sotlrce): d) e-1 0 g) h) i> Seiche, tsunami, or volcanic hazard? (source #l) Landslides or mudflows? (Source #l) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (Source #l) Subsidence of the land? (Source #l) Expansive soils? (Source #l) Unique geologic or physical features? (Source #l) IV. WATER. Would the proposal result in: 4 b) cl 4 d fl g) h) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? (Source #l) Exposure of people or property to water related hazards such as flooding? (Source #l) Discharge into s&ace waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? (Source #l) Changes in the amount of surface water in any water body? (Source #l) Changes in currents, or the course or direction of water movements? (Source #l) Change in the qumtity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? (Source #l) Altered direction or rate of flow of groundwater? (Source #l) 2 Impacts to groundwater quality? (Source #l) 7 FCWtltiplly siillifii Ullk4S Mitigation Inwrp0r-d Le3aTb Significant Impct IIIgct x x 3-7 . * ,‘ssues (ad slqpmiq lnfamatial sources): V. VI. i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (Source #l) AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? #2) b) Expose sensitive receptors to pollutants? #I) c) Alter air movement, moisture, or temperature, or cause any change in climate? (Source #l) d) Create objectionable odors? (Source #l) TRANSPORTATION/CIRCULATION. Would the pmposal result in: a) Increased vehicle trips or traffic congestion? (Source #2) b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (Source #l) c) Inadequate emergency access or access to nearby uses? (Source #l) d) Insuffkient parking capacity on-site or off-site? (Source #l) e) Hazards or barriers for pedestrhns or bicyclists? (Source #l) f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? (Source #l) g) Rail, waterborne or air traffic impacts? (Source #l) 8 POtUdaUy siii IJOttWdy Ullk!3 LesThan siinifii Mitigatioa Significant No m-t [M-nrparaM m=t hPt=t x - x - x x x x - x x x x blssues (and sllppartins lltfaal samxs): - VII. 4 W cl d) d VIII. a) b) cl BIOLOGICAL RBSOURCES. Would the proposal result in impacts to: Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? (Source #l) Locally designated species (e.g. heritage trees)? (Source #l) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (Source #l) Wetland habitat (e.g. marsh, riparian and vernal pool)? (Source #l) Wildlife dispersal or migration corridors? (Source #1) ENERGY AND MINERAL RESOURCES. Would the proposal: Conflict with adopted energy conservation plans? (Source #l) Use non-renewable resources in a wasteful and inefficient manner? (Source #l) Result in the loss of availability of a known mineral re,source that would be of future value to the region and the residents of the State? (Source #l) . IX. HAZARDS. Would the pqosal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation? (Source #I) i b) Possible interference with an emergency response plan or emergency evacuation plan? (Source #l) Potentially SipSm potentially UIlkSS LesTbaIl significant Mitigation Significaut U=t Wad rPlpCt lngct x x x x x x x x x x 9 Rev. 3mP5 59 Issues (and sqpathg Itlfmmatiat sauas): c) The creation of any health hazard or potential health hazard? (Source #l) d) Exposure of people to existing sources of potential health hazards? (Source #l) e) Increase fire hazard in areas with flammable brush, grass, or trees? (Source #l) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (Source #l) b) Exposure of people to severe noise levels? (Source w XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? (Source #l) b) Police protection? (Source #l) c) Schools? (Source #l) d) Maintenance of public facilities, including roads? (Source #l) e) Other govemmental services? (Source #l) XII. UTILITIES AM) SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? (Source #l) b) Communications systems? (Source #l) c) Local or regional water treatment or distributioi facilities? (Source #l) POWttidy siillifiiant m=t Futcntially siim UIllesS Mitigation Iempxad Le?sThan sigllificnnt w=t No w=t x x x x x x x x x x x x x 10 Rev. 3/28/95 . . Isslm (md sUppan* Id- sanas): d) Sewer or septic tanks? (Source #l) e) Storm water drainage? (Source #l) f) Solid waste disposal? (Source #l) g) Local or regional water supplies? (Source #l) XIII. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? (Source #I) b) Have a demonstrable negative aesthetic effect? (Source #l) c) Create light or glare? (Source #l) XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? (Source #l) b) Disturb archaeological resources? (Source #l) c) Affect historical resources? (Source #I) d) Have the potential to cause a physical change which would affect unique ethnic cultural values? (Source #l) e) Restrict existing religious or sacred uses within the potential impect area? (Source #l) XV. RECREATION. Would the;: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (Source #l) b) Affect existing recreational opportunities? (Source #l) FWSidly S@ifbBUt U&38 LessTllM Mitigatioa Significant No ltxmpmted Impct lmpect x x x x x x x x x x x x x x 11 Rev. 3/28/95 LJ Issues (end suppmbg ltlfcrmatial sauas): . XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fuh or wild life species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects) c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? POWltidly SW- POWt.idy UlllesS LessThatl SigGfiWt Mitigation Signifiant No m=t lncarp0r-d mt w=t x x x XVII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review’. All pertinent earlier andyses have been identified at tbe beginning of the Discussion of Environmental Evaluation which follows on page 14. The Source Documents identified have been cited as appropriate in the checklist and environmental discussion. _ b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuan t to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. 12 Rev. 3mi95 Air Quality and Circulation Impacts: Statements of Overriding Considerations made with the City’s General Plan Master EIR (Source Document #2). c) Mitigation -es. For effects that are “Less than Significant with Mitigation Incorporated,“ describe the mitigation measures which were incorporated or refmed from the earlier document and the extent to which they address site-specific conditions for the project. No mitigation measures are involved with this project. 13 Rev. 3/28/95 DISCUSSION OF ENVIRONMENTAL EVALUATION SOURCE DOCUMENTS CITED (All source documents are on file in the Planning Department located at 2075 Las Palmas Drive, Carlsbacl, CA 92009; (619) 438-1161). 1. Aviara PA 5, CT 90-09, Mitigated Negative Declaration published August 30, 1990 and corresponding Environmental Impact Assessment Form Part II dated August 15, 1990. 2. City of Carlsbad General Plan Fiil Master EIR 93-01 as approved and certified by City Council Resolution No. 94-246. PROJECT BACKGROUND/OVERVIEW OF EXISTING ENVIRONMENTAL REVIEW The project site for PA 5 currently has an approval for 147 multi-family units. This project will amend the existing tentative map, as well as the master plan and local coastal program to allow a detached, clustered single family product type to be developed with 131 units. A balanced grading concept is proposed involving approximately 25,900 cubic yards of cut and fill. No sensitive environmental resources or conditions exist on the site which is a series of three pre-graded pads. No environmental impacts will occur beyond those already assessed in conjunction with the existing approval of CT 90-09 which included the approval of a Mitigated Negative Declaration. The proposed project for PA 5, as designed and/or conditioned, will not have a significant effect on the environment. AIR OUALITY: The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a “non-attainment basin’, any additional air emissions are considered cumulatively significant: therefore, continued development to buildout as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. To lessen or minimize the impact on air quality associated with General Plan buildout, a variety of mitigation measures are recommended in the Fii Master EIR. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Operation-related emissions are considered cumulatively significant because the project is located within a “non- attainment basin”, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for air quality impacts. This “Statement Of Overriding Considerations” applies to all subsequent 14 Rev. 3/28/95 _ projects covered by the General Plan’s Final Master EIR, including this project, therefore, no further environmental review of air quality impacts is required. This document is available at the Planning Department. CIRCULATION: The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected to fail the City’s adopted Growth Management performance standards at buildout. To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Fii Master EIR These include measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at buildout of the General Plan due to regional through-traffic, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of au EIR is not required because the recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for circulation impacts. This “Statement Of Overriding Considerations” applies to all subsequent projects covered by the General Plan’s Master EIR, including this project, therefore, no further environmental review of circulation impacts is required. 15 Rev. 3/‘28/95 .LIST MITIGATING MEASURES CIF APPLICABLE) N/A ATTACH mGATION MONITORING PROGRAM t-IF APPLICABLE1 16 Rev. 3/28/95 PUBLIC NOTICE OF PRIOR ENVIRONMENTAL COMPLIANCE Please Take Notice: The Planning Department has determined that the environmental effects of the project described below have already been considered in conjunction with previously certified environmental documents and, therefore, no additional environmental review will be required and a notice of determination will be filed. Project Title: Aviara PA 5 - Western Pacific Project Location: Planning Area 5 within the Aviara Master Plan Project Description: Amendments to an existing tentative map Master Plan and Local Coastal Program, and a new condominium permit to change an existing approval of 147 multi-family units to 131 detached, clustered units on PA 5. Justification for this determination is on file in the Planning Department, Community Development, 2075 Las Palmas Drive, C&bad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within ten (30) days of date of publication. DATED: CASE NO: APPLICANT: PUBLISH DATE: EM&c SEPTEMBER 27, 1995 CT 90-09(A), CP 95-O 1, MP 177(P), LCPA 95- 11 WESTERN PACIFIC SEPTEMBER 27, 1995 lJ 2075 Las Palmas Drive l Carlsbad. California 92009-l 576 - (619) 438-l 161 @ I . I ~.;JL;CIl~f STA-E,UENT CF aISC;CSufiE OF CE.~~JN CwNEpSwlP l~p;E~S ON ALL A$pIic\;IONS wr,~>c w,CL JECU,FE I 3SC;E;rCNAm ACTTON CN %E JAn? CF CtE C.?y I c%*%c:L CR ANY APmIfi3 3OAs0. C~Mh4ISSiCN CR C~MM~E. I I :?ease h-q 7’72 kllcwing information must be disclosed: 1. Aooiicartt tist the names and addresses of ail persons Aviara Land Associates Limited 2011 Palomar Ain>ort Road Suite 206 Carlsbad, CA 92009 2. - Owner List the names and addresses of all persons Aviara Land Assoc'iates Limited 2011 Palomar Airport Road having a finan&l interest ifl the appliCatiOn. Partnershiu having any ownership interest in the property involved. PartnershiD 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any pannershq interest in me partnership. 4. If any person icferttined pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any penon serving as officer or director of the nonprofit organization or as trustee or beneficiary 0f me trust. 2075 Las Palmas Orrve - Carlsbad. California 92009-4859 - (619) 436-l 161 , isclosure Statement Cver; Page 2 -. Have you had &ore than $250 worth Of business transacted with any member of City staff. Scares C~mmssmns, Csmminees and Councii’within the past twelve monas? Yes - No X If yes, pleasa indicate perscn(s) aqman a* arfin8d 88: ‘Any m&du8l. firm. ~aUmOf¶htO. lOlm vOnlW0. ~80uu1on. soual ciub. tru8md org8mzu~on. camor8uon. 8uue. :F;JL z.,. ryndacU8. mt8 ma 8~ omu couny. cy ma eauw. cy mufwwv. a18Dxt or mu plmd ru04t~won. or ury otn8t ;ro’;c 01 :omotnuaon l Unq U 8 UncL’ I Owner: Aviara Land Associates Limited Partnership, Aviara Land Associates Limited Partnership, zi Delaware limited partnership a Delaware limited partnership By: ‘Scott M. Meda&/Ast. Scat P Date: 8/10/95 By: Applicant: By: 'Scott M. Medansky/ti. Sea 4 ary Date: 8/10/95 By: Republif Development Co., a qF& Date: BACKGROUND DATA SHEET - CASE NO: CT 90-09(A)/CP 95-Ol/LCPA 95ll/MP 1770’) CASE NAME: Aviara Plannine Area 5 APPLICANT: : REQUEST AND LOCATION: Promal to amend the existing tentative map. master plan and local coastal program approvals of a 147 unit multi-familv proiect to allow a detached. clustered single family product tvoe with a reduced unit total of 131 units. A new condominium permit is also reauired and being processed. LEGAL DESCRIPTION: Lots 95.96.97 and 98 of Carl&ad Tract 85-35. Aviara Phase 1 Unit C. 12411. filed in the Office of the Countv Recorder of San Diego County on June 29. 1989. APN: 215-592-12/13/14/19 (Assessor’s Parcel Number) Acres 24 Proposed No. of Lots/Units 33 lots/l3 1 units GENERAL PLAN AND ZONING Land Use Designation RM Density Allowed 4 - 8 du’s/ac Density Proposed 5.4 du’s/ac Existing Zone P-C Proposed Zone P-C Surrounding Zoning and Land Use: Site North South East West zoninq PC PC PC PC PC Land Use Vacant/Graded Pads Alga Road Single Family/Agriculture PA 4 - Vacant Graded Pads Batiquitos Drive PUBLIC FACILITIES School District Carl&ad Unified Water District Carl&ad Equivalent Dwelling Units (Sewer Capacity) 131 EDU’s Public Facilities Fee Agreement, dated August 10. 1995 Sewer District Carl&ad ENVIRONMENTAL IMPACT ASSESSMENT - Negative Declaration, issued - Certified Environmental Impact Report, dated Other, A Notice of Prior Compliance was issued on September 27. 1995 with supporting documentation on file in the Plamtine Department. . (, ,. . .~ , CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: PA 5 - Western Pacific CT 90-09(AVCP 95-Ol/LCPA 95-ll/MP 177(P) LOCAL FACILITY MANAGEMENT ZONE. 19 -- GENERAL PLAN: RM ZONING: P-C DEVELOPER’S NAME: Western Pacific Housine ADDRESS: 18001 Cowan Street, Suite H. Irvine. CA 92714 ~ PHONE NO.: (714) 442-6199 ASSESSORS PARCEL NO.: 215-592- 12/13/14/19 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 24 acres/l31 du’s A. B. C. D. E. F. G. H. I. J. K. L. City Administrative Facilities: Demand in Square Footage = Library: Demand in Square Footage = Wastewater Treatment Capacity (Calculate with J. Sewer) Park Demand in Acreage = Drainage: DemandinCFS= Identify Drainage Basin = (Identify master plan facilities on site plan) Circulation: Demand in ADTs = (Identify Trip Distribution on site plan) Fire: Served by Fire Station No. = l 485 259 N/A N/A C 1310 2&4 Open Space: Acreage Provided - N/A Schools: N/A (Demands to be determined by staff) Sewer: Demand in EDUs - 131 Identify Sub Basin - N/A Water: Demand in GPD - 28.820 The project is 13 units below the Growth Management Dwelling unit allowance. *Ds g+“’ a* By’ I-,, 7- -1 -r. i- -. +-...-. 3 3- -- ** &-.-. 9-S &--. 91) cix td 0 t’.‘c r! ;i r ;: m :i 1 P LJ _ 3, - - a, -+....e&-z&& ‘1 co :: * :), ,; -‘-‘( -” J=! lPQ ,-= 3- -a’ ‘; 8 . 3 -+ I< 7 I ‘-I/& :’ .% f E3 a 1-,fl r, 4: - ,I --z-f J ) II - :’ ., 8, Al ai ?I a i 3 a it? :;-” sr: v l I .I m . : ..> es , - I-S c i.i c; ;- = fz - = ;- :: - .z 5; _ 11 - 73 r NV-Id lwlRooQ3 R7( 3AuvuIy ._. _=-- .._% .._ -- .- IL. I . 1 r--------7 -- FRONT ELEV. 1A FRONT ELEV. 18 - - Plan 1 - AVIARA - P.A. 5 WESTERN PACIFIC HOUSING a .-e- ,:I) ,I” . . f E 71 - ..,.. . . ::., ..:.. ; ” :. -- - ” . . _ Y 8 ~#..r. it,!;:::: ‘.< ., . !.:.$. LEFT r-e-.* ._ (r-e.- ” - 3 G,^T 2 3 P-lj RIGHT Plan 1 1 AVIARA - P.A. 5 WESTERN PACIFIC HOUSING ml : -.;-‘t. .--- .,. ; .I 77 3.. --I Lq i T *’ ; --- Plan 2 AVIARA - P.A. 5 r ;- c\--. ,_ ‘--4-. . -3 WESTERN PACIFIC HOUSING gg I -. . KT 2 3 ps .--- . _. . s- --. t--r-- _ ,‘d ;..- f -; 2 3 ‘“Yi RIGHT - . .::.: . . RE4R Plan 2 AVIARA - P.A. 5 WESTERN PACIFIC HOUSING !a / -I- I. .-we . FRO&T ELEi )A .- -...- - --- -___ c-7-----I_. .-./- ---- .-- -.-.. - -_ , ” ,,.- i: li;t,. . --- ; -7 zw’ r’ lY d -- _- FRONT ELEL 3C a FRONT ELEL 10 ‘EXPOSED TO STREET r------ --- 3 Plan 3 ; \ _ .“; - . . * - AVIARA - P.A. 5 CCT 2 3 12’5 WESTERN PACIFIC HOUSING . . _. 1. !a / J . . ___.- . A”&- .t. .-.m.- . . . . . ‘.. 9’. LEFT RIGHT . ” ..- z_ f-c- 3 ? ‘-7j L, r,-- RE4R Plan 3 m- P.A. 5 WESTERN PACIFIC HOUSING a &i_-,~:~y; .--- i 1.m i ‘- z / = 7 1 = 9 .- m PLAN1 la70 SF AVIARA- P.A. 5 WESTERN PACIFIC HOUSING lli!! p __ ,.._ . . - z L . . . . ..: d . a.. 2; < ARCHITECTS E; .-IL- m-1em n-2-m ffT 2 ,q ‘““j $ LL > M .- I -_I -’ f & , .I IBM+--, / r[ ” 1 /+ d II c vl m - PLAN 2 1930 SF AVIARA - P.A. 5 WESTERN PACIFIC HOUSING @?I D--P.- --. __ ARCHITECTS ;, - i: - . _ 2 ‘111 I . i. .- , GARAGE (U*zd-- i I I LL--------A FAMILY @iifM fl t li/li I +& L -1 * WI n 0 PLAN3 2293 SF AVIARA - P.A. 5 WESTERN PACIFIC HOUSING E!! - __ ~ --.-. --. , _ -mi; A .-- ‘* ARCHITECTS .-m- 11o-woa s-,-m CT]: 2 ? ‘“13 5w(lt\Il3 VZkld W.3313 - 2+4CUlP VJOd . C-J C” c. ._ c . : L-a La . . . /I, , . . .:: ‘I a: ’ , :!: ; i E ‘a! ‘i!llv ; i , I ,‘! , 1 y ;: ;z a<,* !!I,: ,;_i !.I,. ’ * ,I;‘;’ ; ,,$’ ; y ,;,!, 3;‘; f i:.‘*’ ! {:I/ is .i. !. ,;.!.,; * :::: ,: .:,.I;: . j, , :.. ., ;y .,.I:,!: ,::,:I ; 1 ~jji~i~ij~li:'!;.!'i~~!~~l~~~~~~~~~~~~~~ /_I: . t=+ L .-, A!- : : f I I t I ’ I - c-7 c? 2 L- b : I : L- c? il. 2 . . L : (- : i; 0 - DRAFT EXHIBIT 6 6) _ -- _ MP 177(P)/LCPA 95-l l/CT 90-09(A)/CP 95-01 - AVIARA PA 5, WESTERN PACIFIC - Request for an amendment to an existing tentative map approval for Planning Area 5 in the Aviara Master Plan which allows 147 multi-family dwelling units on the pre-graded 24 acre site. The amendment request proposes a clustered single family product type with a total of 131 dwelling units. Also involved is a new condominium permit, a major master plan amendment, and a major local coastal program amendment. The Aviara Master Plan is located in P-C (Planned Community) zoned property located west of El Camino Real, north of the Batiquitos Lagoon in the Southwest Quadrant of the City, in the Coastal Zone, within Local Facilities Management Zone 19. Chairperson Welshons advised the applicant that they have the right to be heard before a full Commission. She inquired if they would like to be continued or heard tonight. Kevin Canning, Culbertson, Adams & Associates, 85 Argonaut Street, Aliso Viejo, representing the applicant, stated that he would like to proceed with the hearing tonight. Chairperson Welshons advised the applicant that the Planning Commission’s decision tonight is a recommendation for action by the City Council, which is the final decision-making body. Eric Munoz, Associate Planner, reviewed the background of the request and stated that the applicant is requesting a revision to an existing tentative map, a new condominium permit, a master plan amendment, and a local coastal program amendment. The subject site is already approved for 147 multi-family dwelling units. This project proposes to change the product type and develop the Aviara Planning Area 5 site with 131 clustered, detached single family units. The Planning Area 5 site is comprised of three pre-graded pad areas with some existing improvements, i.e. streets, sidewalks, and a noise wall along Alga Road. The master plan amendment is required because the proposed product type is different than the provisions allowed by the PUD ordinance. Specifically, the clustered product type proposed involves a 24 ft. wide courtyard driveway to serve a maximum of four units. Therefore, this project proposes a master plan amendment with specific changes to allow this product type. A change to this coastal zone master plan triggers the need for a local coastal program amendment. Mr. Munoz stated that a SDG&E powerline easement is located on the northeast portion of the site. A trail segment is designated to be located within the powerline easement area. The trail segment must be in place before occupancy can be granted to any units or phases adjacent to the powerline easement. This represents the only additional condition of approval beyond the original approval for Planning Area 5. The proposed development involves two recreational areas to serve the residents of this planning area: a swimming pool area and a shuffleboard area. All other applicable codes have been complied with. The new product type is well represented on the exhibits and he will describe the product type if the Commission desires. However, he noted that it is very similar to another approved development in Carl&ad. Staff recommends approval. Commissioner Monroy inquired if the applicant has permission from SDG&E to build the trail segment in the easement area. Mr. Munoz replied that this was required by the original master plan. The applicant should confirm SDG&E’s permission. MINUTES 89 PLANNING COMMISSION November 15, 1995 PAGE 11 Commissioner Monroy recalls that in Planning Area 4 it was necessary to move some units away from the powerlines because of public concern regarding EMF. He inquired if SDG&E can change their mind at this juncture. Mr. Munoz replied that the trail requirement was part of the Aviara Master Plan. No units can be occupied without the trail segment. Commissioner Erwin inquired about the average square footage of the previously approved apartment units. Mr. Munoz replied they were 2-4 attached units but he is not sure of the square footage amounts. Chairperson Welshons inquired if we have any standards established for this new product type. Mr. Munoz replied that staff is using guidelines from another master plan which has the same product type. The biggest departure from the PD development standards is the reduction in driveways from 30’ to 24’ serving four units. Other guidelines which support this product type are common active recreation amenities for the residents, adequate pedestrian circulation throughout the project which was achieved by having sidewalks on both sides of the 32’ wide private street system, adequate guest parking dispersal throughout the project, and ample rear yard areas for each unit. Chairperson Welshons inquired what was given in return for the reduction to a 24’ wide driveway. Mr. Munoz replied that we receive an innovative product type which is not fully tested but appears to be what the market is demanding, a chance to be flexible under the constraints of our current code provisions, and an improvement in the street scene. Clustering the units makes the street scene more interesting, as opposed to a row of garages facing the street. Chairperson Welshons feels the reference to a 24’ wide driveway is confusing because the documents occasionally refer to it as a cul-de-sac and/or a courtyard. She would like to see all of the references uniform. Chairperson Welshons commented that most units this size require a 3-car garage. Mr. Munoz replied that only a 2-car garage is required. No City requirements exist that call for 3-car garages. Chairperson Welshons inquired about the size of the garages and the location of the storage area. Mr. Munoz replied that the size of the garages are 20’ x 20’ and this area also satisfies the storage requirement. Chairperson Welshons inquired about visitor parking and if it will be striped a different color. Mr. Munoz replied that visitor parking will be along the 32’ wide street and also in bays located throughout the internal street system. There is also an 18’ private driveway for each unit. Visitor parking must be marked either by colored curbs or signage which is easily distinguishable. It is a final plan check item. Chairperson Welshons inquired about the location of the emergency fire access. Mr. Munoz replied that the emergency fire access is located off Hummingbird Road near Rock Dove Court. The emergency access will be gated and only the Fire Department will have access. Chairperson Welshons inquired about a hammerhead turnaround. Mr. Wojcik replied that it is shaped similar to a hammer. There is sufficient room for a car to make a three point turnaround. Chairperson Welshons inquired about the intrusions which will be allowed. Mr. Munoz explained that intrusions will be features such as fireplaces, porch overhangs, etc. Chairperson Welshons inquired about the references to Pacific Rim Drive. Mr. Munoz replied that these references are in error and should correctly state Batiquitos Drive. A condition will be added to clean up the language. MINUTES 90 PLANNING COMMISSION November 15,1995 PAGE 12 Chairperson Welshons inquired about the condition to protect the oak trees. Mr. Munoz replied that this is not a new condition. It is a carryover from the previous approval. Commissioner Compas inquired what problems the Commission should be concerned about. Mr. Munoz replied that concerns should be minimal if good neighbors move in. Commissioner Erwin inquired if the 400 s.f. garage is included in the 2,200 s.f. unit size. Mr. Munoz replied yes. However, the exhibits do not include the garage square footage. Commissioner Monroy stated that there is no mention made regarding impacts of potential hazards related to power lines. Mr. Munoz replied that EMF is treated silently on a Citywide basis until such time as the hazards have been proven. Commissioner Monroy stated that he is concerned about environmental impacts which are not being addressed. Mr. Rudolf replied that the staff report identifies those environmental impacts which are significant. Chairperson Welshons invited the applicant to speak. Kevin Canning, Culbertson, Adams 8, Associates, 85 Argonaut Street, Aliso Viejo, representing the applicant, provided the following information in response to questions which have been raised: . Trail segment through the SDG&E easement - He has been advised by Hillman Properties that they have the necessary approvals to construct the trail and there should be no problem implementing this condition. * There will be three floor plans in the project. Unit sizes are 1,870 s.f., 1,930 s.f., and 2,290 s.f. These sizes do not include the garages. * There is an 18’ driveway in front of each unit. . Staff has adequately addressed EMF per requirements of CEQA. Mr. Canning concurs with the staff recommendation and would be happy to answer questions. Commissioner Compas inquired if the applicant has used this product type elsewhere. Mr. Canning replied that Western Pacific has used the product in several developments in Orange County. However, they are built at much higher densities and lack several amenities required by Carlsbad. The detached condominium is very prevalent there. It is a good product type for the first time homeowner. Commissioner Compas inquired about the price range. Mr. Canning replied that it should be in the low $2oo,ooo’s. Commissioner Erwin inquired if the applicant has built units similar to this before. Mr. Canning replied that they are developing a product listing so the Commission can see what is already on the ground. There are similar units but not as nice as this. Most developments they have been involved in have a higher density than this one. Commissioner Erwin inquired if there have been any problems with the air space sale. Mr. Canning replied that it is really an educational process. Once a potential buyer understands what it means, they have no problem. Commissioner Ennrin inquired who will be maintaining the yards. Mr. Canning replied that landscaping of the private streets and courtyards will be maintained by the homeowner’s association. Rear yards would be maintained by the homeowner. PLANNING COMMISSION November 15,1995 PAGE 13 Chairperson Welshons inquired who owns the land. Mr. Canning replied that it is owned by Aviara Land Associates. Chairperson Welshons opened the public testimony and issued the invitation to speak. Craig Tackaberry, 7221 Hermosa Drive, Carl&ad, addressed the Commission and inquired if the trail to Alga Road will conflict with the sound wall. He would also like to know who is responsible for maintenance of the trail. This area is quite close to his home. Mr. Tackaberry is concerned about construction noise and would like to see some restrictions on Saturday hours. Commissioner Erwin asked Mr. Tackaberry where he lives. Mr. Tackaberry replied that his home is approximately 200 ft. from the site. It is already noisy and construction hasn’t begun yet. Mr. Canning, representing the applicant, returned to the podium and stated that there needs to be some modification to the sound wall in order to punch the trail through it. As far as the construction noise is concerned, he would like to be treated the same as other developers throughout the City. Commissioner Monroy requested the applicant to address landscaping of the trail segment. Mr. Canning replied that the landscaping would be put in by the developer and maintained by the homeowner’s association. The landscape plan will require staff approval prior to final map recordation. There being no other persons desiring to address the Commission on this topic, Chairperson Welshons declared the public testimony closed and opened the item for discussion among the Commission members. Commissioner Erwin cannot support the project because it does not meet the minimum of minimums of the PD ordinance. Commissioner Savary commented that a lot of work has been done on this project. It is a new idea and she is willing to try it. Commissioner Monroy stated that the revised project is better than the original plan. Although he has reservations on the potential effects of EMF, he will support it. Commissioner Noble will support the staff recommendation since this new product type seems to be selling. Commissioner Compas can support it. Chairperson Welshons inquired about the distance from the dwelling units to the power lines. Mr. Munoz replied that the dwelling units are 20’ minimum from the easement, which is the same minimum distance as the approved 147 unit project. The easement is 150’ wide and the power lines are on the east side of the easement. However, he stated that it is possible that SDG&E may need more power lines or other easement improvements in the future. Chairperson Welshons will support the project, changing Pacific Rim Drive to Batiquitos Drive throughout the applicable master plan text. She would also like to have all references to the 24’ driveway changed to a courtyard driveways. Mr. Wayne stated that changing this reference from driveway to courtyard will cause plan check problems later on. Driveway is used throughout the master plan and the local coastal program. Courtyards generally denote other things. Most courtyards don’t have pavement. Driveways are many and varied and PLANNING COMMISSION November 15,1995 PAGE 14 there are many permutations to cover by this single term. Mr. Munoz suggested instead that the reference be changed to “all private driveways that are 24’ wide and serve four units or less.” ACTION: Motion was made by Chairperson Welshons, and duly seconded, to adopt Planning Commission Resolution Nos. 3833,3834, 3835, and 3836, recommending approval of Master Plan Amendment MP 177(P), Local Coastal Program Amendment LCPA 95-l 1, Tentative Tract Map Revision CT 90-09(A) and Condominium Permit CP 95-01 respectively,. based on the findings and subject to the conditions contained therein, with a correction to Condition #52 as stated by Mr. Munoz, a correction to Exhibit “D” labeling a private street to a private driveway, and correcting all master plan text references which state Pacific Rim Drive to Batiquitos Drive. VOTE: 5-l AYES: Compas, Monroy, Noble, Savary, Welshons NOES: Erwin ABSTAIN: None Commissioner Erwin would like the record to show he voted no because the project does not meet Carlsbad’s minimum standards. 93 . . ’ PROOF OF PlJBLI< .rlON (2010 & 2011 C.C.P.) STATE 0F CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, under the dates of June 30, 1989 (Blade-Citizen) and June 21, 1974 (Times- Advocate) case number 171349 (Blade-Citizen) and case number 172171 (The Times-Advocate) for the cities of Escondido, Oceanside, Carlsbad, Sdana Beach and the North County Judicial District; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supptement thereof on the following dates, to-wit: December 9, 1995 i certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at California, this -day Dec. 1995 of NORTH COUNTY TIMES Legal Advertising This space is for the County Clerk’s Filing Stamp Proof of Publication of Notice of Public Hearing _______------------------- NOTICE OF PUBLIC HEARING AVIARA PLANNING AREA 5 MP-177(P)/LCPA 95-ll/CT 90=09(A)CP 95-l 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, December 19, 1995, to consider an application for an amendment to an existing tentative map for Planning Area 5 in the Aviara Master Plan which allows 147 multi-family dwelling units on the pre-grading 24 acres site. The amendment proposes a clustered single family product type with a total of 131 dwelling units. Also requested is a new condominium permit, a major master plan amendment and a local coastal program amendment on property which is zoned P-C (Planned Community), and which is generally located in the southwest quadrant of the City, west of El Camino Real, north of the Batiguitos Lagoon, in the Coastal Zone, in Local Facilities Management Zone 19, and more particularly described as: Lots 95, 96, 97, and 98 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 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 Eric Munoz in the Planning Department at (619) 438-1161, extension 4441. If you challenge the Master Plan Amendment, Local Coastal Program Amendment, Tentative Tract Map Amendment and/or Condominium Permit in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk's Office at, or prior to, the public hearing. APPLICANT: Western Pacific Housing PUBLISH: December 9, 1995 CITY OF CARLSBAD CITY COUNCIL - c *A”; I,,,,,,,, .I”“: 1 : : : : : : : : s : I~lll#l#llr : : : l l 118 . l LLi $ lmmarirtmr- SITE AVIARA PLANNING AREA 5 CT 90009(A)/CP 95Ol/ LCPA 95-l l/MP 177(P) - (F0r.m A) TO: CITY CLERK’S OFFICE FROM: PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST Attached arc the materials necessary for you to notide up 177(P)/LCPA 95-ll/CT 90-09(A)/CP 95-01 - AVIARA PLANNING AREA 5 - WESTERN PACIFIC for a public hearing before the Cfty Council. Please notice the item for the council meeting of . Thank you. * L’J-’ P I I$! ” Assistant City Man-- - December 5, 1995 Date ,. ---. \ .’ w - -I \s NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Catisbad will hold a public hearing at the Council Chambers, 1200 Carisbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, November 15, 1995, to consider a request for an amendment to an existing tentative map approval for Planning Area 5 in the Aviara Master Plan which allows 147 multi-family dwelling units on the pregraded 24 acre site. The amendment request proposes a clustered single family product type with a total of 131 dwelling. units. Also involved is a new condominium permit, a major master plan amendment and a local coastal program amendment on property generally located in P-C (Planned Community) zoned property located west of El Camino Real, north of the Batiquitos Lagoon in the Southwest Quadrant of the City, in the Coastal Zone, within Local Facilities Management Zone 19 and more particularly described as: - Lots 95, 96, 97 and 98 of Carlsbad Tract 85-35, Aviara Phase 1 Unit C, in the City of Carisbad, County of San Diego, State of California, according to Map No. 12411, filed in the Office of the County Recorder of San Diego County on 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 November 9, 1995. If you have any questions, please call Eric Munoz in the Planning Department at (619) 438- 1161, ext. 4441. If you challenge the Master Plan Amendment, Local Coastal Program Amendment, Tentative Tract Map Amendment, and/or Condominium Permit, in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: MP lTI(P)ILCPA 95-l l/CT 90-09(A)/CP 95-01 CASE NAME: AVlARA PLANNING AREA 5 - WESTERN PACIFIC PUBLISH: NOVEMBER 2,1995 CITY OF CARLSBAD PLANNING COMMISSION EM: kr 2075 Las Palmas Drive - Carlsbad, California 92009-l 576 - (619) 438-l 161 - STEVEN & SUSAN GOE 442 HILLCREST DR ENCINITAS CA 92024 GEORGEkGERDAENYEDI ELINOR L BARBOUR 2221 SUNRISE HILL ST 3500 MOORE ST SIERRA MADRE CA 91024 LOS ANGELES CA 90066 MARTIN & VIRGINIA GOETSCHEL 7732 BOLO PL CARLSBAD CA 92009 ANDREW & NANCY MACTAVISH 4013 VIA PICAPOSTE PALOS VERDES EST CA 90274 JANG-YU & YEN-HWA HSU CHEN WILLIAM & SHARON TRENT 520 SANTA CARINA 4435 EXBURY CT 8640 CANYON VIEW DR SOLANA BEACH CA 92075 SAN DIEGO CA 92130 LAS VEGAS MV 89117 MALLIN BUILDING CO FRANK & MARILYN WILLIS 4 HAMPSHIRE CT 2259 N WAYNE AVE CLEVELAND OH 44122 CHICAGO IL 60614 FLS PARTNERSHIP PO BOX 231532 ENCINITAS CA 92023 AVLARA MASTER ASSOCIATION R D C DEVCO II LTD PARTNER SUITE 206 SUITE 130 2011 PALOMAR AIRPORT RD 180 N RIVERVIEW DR CARLSBAD CA 92009 ANAHEIM CA 92808 AVIARA LAND ASSOC LTD SUITE 304 450 NEWPORT CENTER DR NEWPORT BEACH CA 92660 JOHN P & DOROTHEA JUNG PA BOX 2406 CARLSBAD CA 92018 TEXAS COMMERCE BANK 4680 HALLMARK PKY SAN BERNARDINO CA 92407 LANCE & SANDRA MCGOLDRICK 7046 PARTRIDGE PL CARLSBAD CA 92009 THOMAS C & TERRI TURCO’IT AVOCET ASSOCIATION INC 2019 BLACKBIRD CIR SUITE 1250 CARLSBAD CA 92009 2251 SAN DIEGO AVE SAN DIEGO CA 92110 SALLY J OSWALD 1637 BACCHARIS AVE CARLSBAD CA 92009 KENNETH A GLADSTONE SUITE 160 2035 CORTE DEL NOGAL CARLSBAD CA 92009 DENIECE A ZEMAN SUITE 160. 2035 CORTE DEL NOGAL CARLSBAD CA 92009 EARLE W DAVIS SUITE 160 2035 CORTE DEL NOGAL CARLSBAD CA 92009 DAVE & ANNE JACINTO SUITE 160 2035 CORTE DEL NOGAL CARLSBAD CA 92009 CHARLES J COOGAN 7245 MIMOSA DR CARLSBAD CA 92009 MURIEL G HARRIS 1613 WARBLER CT CARLSBAD CA 92009 - I ’ I , RESIDENT 7172 TERN PL CARLSBAD CA 92009 RESIDENT 1748 BLACKBIRD CIR CARLSBAD CA 92009 RESIDENT 1754 BLACKBIRD CIR CARLSBAD CA 92009 RESIDENT 1745 BLACKBIRD CIR CARLSBAD CA 92009 RESIDENT 1788 BLACKBIRD CIR CARLSBAD CA 92009 RESIDENT 1702 BLACKBIRD CIR CARLSBAD CA 92009 RESIDENT 1784 BLACKBIRD CIR CARLSBAD CA 92009 RESIDENT 1787 BLACKBIRD CIR CARLSBAD CA 92009 RESIDENT 1705 BLACKBIRD CIR CARLSBAD CA 92009 RESIDENT I 1744 BLACKBIRD CIR CARLSBAD CA 92009 RESIDENT I 1750 BLACKBIRD CIR CARLSBAD CA 92009 RESIDENT 1720 BLACKBIRD CIR CARLSBAD CA 92009 RESIDENT 1784 BLACKBIRD CIR CARLSBAD CA 92009 RESIDENT 1790 BLACKBIRD CIR CARLSBAD CA 92009 RESIDENT 1704 BLACKBIRD CIR CARUBAD CA 92009 RESIDENT 1783 BLACKBIRD CIR CARLSBAD CA 92009 RESIDENT 1791 BLACKBIRD CIR CARLSBAD CA 92009 RESIDENT 1707 BLACKBIRD CIR CARLSBAD CA 92009 RESIDENT 1746, BLACKBIRD CIR CARLSBAD CA 92009 RESIDENT 1752 BLACKBIRD CIR CARLSBAD CA 92009 RESIDENT 1724 BLACKBIRD CIR CARLSBAD CA 92009 RESIDENT 1786 BLACKBIRD CIR CARLSBAD CA 92009 RESIDENT 1792 BLACKBIRD CIR CARLSBAD CA 92009 RESIDENT 1781 BLACKBIRD CIR CARLSBAD CA 92009 RESIDENT 1785 BLACKBIRD CIR CARLSBAD CA 92009 RESIDENT 1703 BLACKBIRD CIR CARLSBAD CA 92009 RESIDENT 1709 BLACKBIRD CIR CARLSBAD CA 92009 - OCCUPANT 7238 MIMOSA DR CARLSBAD CA 92009 OCCUPANT OCCUPANT 7237 MIMOSA DR 1773 BLACKBIRD CIR CARLSBAD CA 92009 ’ CARLSBAD CA 92009 JOHN & LOUISE LIPHAM 1782 HAYDN DR CARDIFF BY THE SEA CA 92007 ROBERT & KRYSTI DEZONIA STEVEN & DOROTHY PIERCE 1723 CATALPA RD 1721 CATALPA RD CARLSBAD CA 92009 CARLSBAD CA 92009 DONALD F EVERETT MICHAEL & BALL VARNEY 7234 MIMOSA DR 7236 MIMOSA DR CARLSBAD CA 92009 CARLSBAD CA 92009 IRVING & REBECCA RICHMAN 7215 MIMOSA DR CARLSBAD CA 92009 SOPHJA M KEESOM 7235 MIMOSA DR CARLSBAD CA 92009 JOEY & NICHOLETTE CRAWFORD CRAIG 7243 MIMOSA DR 1732 BLACKBIRD CIR CARLSBAD CA 92009 CARLSBAD CA 92009 3 RESIDENT 1719 CATALPA RD CARLSBAD CA 92(jo9 RESIDENT RESIDENT 7212 MIMOSA DR 7209 MIMOSA DR CARLSBAD CA 92009 CARLSBAD CA 92009 RESIDENT 7173 TERN PL CARLSBAD CA 92009 RESIDENT 7163 TERN PL CARLSBAD CA 92009 GREGORY R LOHMAN 1725 CATALPA RD CRLSBAD CA 92009 JAY G LYTLE 7232 MIMOSA DR CRLSBAD CA 92009 CARMEN & KAREN FAUCERA 7240 MIMOSA DR CARLSBAD CA 92009 JOHN F REID 7241 MIMOSA DR CARLSBAD CA 92009 MICHELLE E COST1 7056 PARTRIDGE PL CARLSBAD CA 92009 RESIDENT 1717 CATALPA RD CARLSBAD CA 92009 RESIDENT 7206 MIMOSA DR CARLSBAD CA 92009 RESIDENT 1609 STARLING CT CARLSBAD CA 92009 RESIDENT 7166 TERN PL CARLSBAD CA 92009 - .- I / ‘_ I’ I -HObARD F MURPHY : SETH & CECIL SCHULBERT ( DAVID M & JOAN BULLAT 400 N LA COSTA DR 1713 CATALPA RD 7214 MIMOSA DR CARLSBAD CA 92009 CARLSBAD CA 92009 , CARLSBAD CA 92009 DAVID B & REBECCA RAGLAND ! ROBERT A DONATH PAUL S SHNABLE 7216 MIMOSA DR ’ 7220 MIMOSA DR 7224 MIMOSA DR CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 92009 GORDON L MCELROY ERIN K LETSCH 7226 MIMOSA DR 7228 MIMOSA DR CARLSBAD CA 92QO9 CARLSBAD CA 92009 WILLIAM N & PHYLLIS JESSEE 7230 MIMOSA DR CARLSBAD CA 92009 JOHN & GAIL HUTSON CAMERON D & SHEILA FORTNER GARY & LAURIE TRUAX 7205 MIMOSA DR 7207 MIMOSA DR 7211 MIMOSA DR CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 92009 MICHAEL & KATHLEEN FARRELL IRVING & REBECCA RICHMAN 7213 MIMOSA DR 7215 MIMOSA DR CARLSBAD CA 92009 CARLSBAD CA 92009 OSBERG EMIL & NANCY CRAIG 8~ ANNA TACKABERY 7219 MIMOSA DR 7221 MIMOSA DR CARLSBAD CA 92009 CARLSBAD CA 92009 VICTOR SC VIRGINIA LIND MILBURN C & MAE JOHNSON 7225 MIMOSA DR 7227 MIMOSA DR CARLSBAD CA 92009 CARLSBAD CA 92009 JOE A PADILLA ERIK M & DEBRA COOK 7231 MIMOSA DR 7233 MIMOSA DR CARLSBAD CA 92009 CARLSBAD CA 92009 ARNE S & NANCY LINDGREN 7247 SPOONBILL LN CARLSBAD CA 92009 LYNN A & DIANE SCOTT 7243 SPOONBILL LN CARLSBAD CA 92009 DOUGLAS & BARBARA AVAZIAN 7235 SPOONBILL LN CARLSBAD CA 92009 KLAN K & KELLY WONG 7231 SPOONBILL LN CARLSBAC CA 92009 IRVING & RECECCA RICHMAN 7217 MIMOSA DR CARLSBAD CA 92009 MARTY MOATES 7223 MIMOSA DR CARLSBAD CA 92009 STEVEN & LOUISE MARCUS 7229 MIMOSA DR CARLSBAD CA 92009 NAM 1993 7251 SPOONBILL LN CARLSBAD CA 92009 BARBARA CHYTRAUS 7239 SPOONBILL LN CARLSBAD CA 92009 JAMES SC JOAN ETTINGER 7216 SPOONBILL LN CARLSBAD CA 92009 I’ . - THOMAS & ANNE BULLOCK 7220 SPOONBILL LN CARLSBAD CA 92009 ROBERT A & CANDACE COHEN 1604 STARLING CT CARLSBAD CA 92009 PAUL M & BARBARA HUNTER / J M & TANG BECICA 7224 SPOONBILL LN I 1600 STARLING CT CARLSBAD CA 92009 CARBSBAD CA 92009 JEROME & PAMELA CAROLLO JUDITH B MCINTIRE 1608 STARLING CT 1612 STARLING CT CARLSBAD CA 92009 CARLSBAD CA 92009 RUSSELL W & KAREN PONG BRUCE & MARIELENA MERINO PETER A & JOY LARSON 1617 STARLING CT 1613 STARLING CT 1605 STARLING CT CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 92009 CORNELIUS & JUDITH LEONDES ARTHUR&CAREYYEAGER THANH C & BUI LAM 1601 STARLING CT 1602 BITTERN CT 1606 BITTERN CT CARLSBAD CA 92009 CARLSBAD CA 92009 CARLSBAD CA 92009 RICHARD & PEGGY DELACRUZ JOHN M & LISA MILLS 1610 BITTERN CT 1614 BITTERN CT CARLSBAD CA 92009 CARLSBAD CA 92009 CLARENCE & PHYLLIS HARVEY 7181 TERN PL CARLSBAD CA 92009 GORZEGNO 7177 TERN PL CARLSBAD CA 92009 A & J CAPPELLI 7157 TERN PL CARLSBAD CA 92009 GIBSON FAMILY 7153 TERN PL CARLSBAD CA 92009 JOHN & G JOSEPH 7143 TERN PL CARLSBAD CA 92009 JOHN L & LAURA CAREY 7122 TERN PL CARLSBAD CA 92009 BERTRAM & JOYCE COHEN 7142 TERN PL CARLSBAD CA 92009 ISA1 SC ALISA TREJO 7137 TERN PL CARLSBAD CA 92009 DONALD B OCHOA 7132 TERN PL CARLSBAD CA 92009 RUDIN 7146 TERN PL CARLSBAD CA 92009 JAMES R & CINDY BORNEMANN 1620 BITTERN CT CARLSBAD CA 92009 ROGER & ANNETTE MOORE 7167 TERN PL CARLSBAD CA 92009 HARVEY 7147 TERN PL CARLSBAD CA 92009 JAMES & NANCY TRUSLOW 7133 TERN PL CARLSBAD CA 92009 CHRISTIAN & NANCY HANSEN 7136 TERN PL CARLSBAD CA 92009 EDWARD E & MOLLY JOE 7152 TERN PL CARLSBAD CA 92009 ,. - * , 7 - GERARD & VESSELA SMOLIN PATRICK N ODAY 7156 TERN PL I 7162 TERN PL CARLSBAD CA 92009 1 CARLSBAD CA 92009 GLINSKI 7182 TERN PL CARLSBAD CA 92009 WILLIAM & LYNN JENNINGS 7185 TERN PL CARLSBAD CA 92009 HAYEN 1728 BLACKBIRD CIR CARLSBAD CA 92009 GARY P & JUDITH NORTON 1734 BLACKBIRD CIR CARLSBAD CA 92009 JOAN T CRAIGWELL 1740 BLACKBIRD CIR CARLSBAD CA 92009 MICHELLE E COST1 7056 PARTRIDGE PL CARLSBAD CA 92009 JEFFREY VALLANDINGHAM 7036 PARTRIDGE PL CARLSBAD CA 92009 CRAIG SHOHARA 1733 BLACKBIRD CIR CARLSBAD CA 92009 DOUGHLAS ZIRBEL 1708 BLACKBIRD CIR CARLSBAD CA 92009 JAMES & DIANE MURPHY 7186 TERN PL CARLSBAD CA 92009 CHARLYN DAVIDSON 1722 BLACKBIRD CIR CARLSBAD CA 92009 STEPHEN & SHARON BRAY 1730 BLACKBIRD CIR CARLSBAD CA 92009 ED & BARBARA GROCHOWJAK 7176 TERN PL CARLSBAD CA 92009 GLENN & SHIRLEE MARSHALL 7227 SPOONBILL LN ~ CARLSBAD CA 92009 CHAN 1726 BLACKBIRD CIR CARLSBAD CA 92009 CRAIG 1732 BLACKBIRD CIR CARLSBAD CA 92009 RICHARD & MARLENA JACOBS JACK & COLLEEN CAMPBELL 1736 BLACKBIRD CIR 1738 BLACKBIRD CIR CARLSBAD CA 92009 CARLSBAD CA 92009 LANCE & SANDRA MCGOLDRICK WILLIAM & MARY SICKERT 7046 PARTRIDGE PL 7052 PARTRIDGE PL CARLSBAD CA 92009 CARLSBAD CA 92009 THOMAS & TERRI TURCOTT 17311 BLACKBIRD CIR CARLSBAD CA 92009 WEBSTER & CLEMENTINA FA 7032 PARTRIDGE PL CARLSBAD CA 92009 PHIL & CHRISTY MULLOY 7042 PARTRIDGE PL CARLSBAD CA 92009 JOSEPH & MICHELLE WON 1735 BLACKBIRD CIR CARLSBAD CA 92009 JENNIFER L CAINE 1710 BLACKBIRD CIR CARLSBAD CA 92009 KAREN BAUMBACH 1729 BLACKBIRD CIR CARLSBAD CA 92009 JOHN C RICHARDS 1706 BLACKBIRD CIR CARLSBAD CA 92009 KENNETH & CLAIRE CASHMAN 1712 BLACKBIRD CIR CARLSBAD CA 92009 . . I’ e .MIdHAEL & VALERIE RICE 1714 BLACKBIRD CIR CARLSBAD CA 92009 JUDY CONSALVI 7055 PARTRIDGE PL CARLSBAD CA 92009 BARRY & MARGO TABACHNICK 7041 PARTRIDGE PL CARLSBAD CA 92009 ; WILKI & SUSAN BUDIWARMAN 1716 BLACKBIRD CIR CARLSBAD CA 92009 RESIDENT 1715 CATALPA RD CARLSBAD CA 92009 KEVIN CANNING CULBERTSON,AmXMS”&;ASSOC SUITE 220 85 ARGONAUT ALISO VIEJO CA 92656 RICH WELTER WESTERN PACIFIC HOUSING SUITE H 18001 COWAN IRVINE CA 92714 HILLMAN PROPERTIES KURT KNOWLAND SUITE 206 2011 PALOMAR AIRPORT RD CARLSBAD CA 92009 LEON & ANNE GEIS 7051 PARTRIDGE PL CARLSBAD CA 92009 CAROLYN K WOOD 7035 PARTRIDGE PL CARLSBAD CA 92009 DAVID & DAWN GRIFFITHS 1718 BLACKBIRD CIR CARLSBAD CA 92009 ~___ JAMES & DJAN WINTER 7045 PARTRIDGE PL CARLSBAD CA 92009 ARTHUR & JANICE BALOG 7031 PARTRIDGE PL CARLSBAD CA 92009 L * 4 -- l e. ’ -. c . / I1 v FACIIXI’IES FOR CITY CLERK GEORGE W MANNON, SUPT. CARLSBAD UNIF SCHOOL DIST ~ SAN DIEGO COUNTY PLANNING 801 PINE AVENUE pi 5201 RUFFIN RD STE “B” CARLSBAD CA 92008 SAN DIEGO CA 92123 CITY OF CARLSBAD CALIF DEPT OF FISH & GAME PLANNING DEPARTMENT 330 GOLDENSHORE #50 PROJECT PLANNER LONG BEACH CA 90802 k2//c hwD.QZ A