HomeMy WebLinkAbout1996-01-16; City Council; 13472; Aviara Planning Area 12 Marea-ef r. Cl-Y OF CARLSBAD - AGE”9A BILL ,&j$ I
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IITG. l/16/96 MAREA - AVIARA PLANNING AREA 12
IEPT. PLN MP 177(L)/LCPA 9513/CT 89439(A)/PUD 89-19(A)
DEPti HD. w
F lECOMMENDED ACTION: -
That Council INTRODUCE Ordinance No. A/S -3Ypamending the Aviara Master Plan
and ADOPT Resolution No. 419 -do APPROVING the Master Plan Amendment,
Local Coastal Program Amendment, Tentative Tract Map Revision and Planned Unit
Development Permit for the Marea - Aviara Planning Area 12 clustered single family
condominium development.
ITEM EXPLANATION
On November 15, 1995, the Planning Commission conducted a public hearing and
recommended approval with a 5-l vote (Erwin) of various development permits (MP
177(L)/LCPA 95-13/CT 8939(A)/PUD 89-19(A)) to allow a 101 unit, clustered single
family condominium development within Aviara Planning Area 12. Currently, a 108 unit
multifamily condominium project is approved on Planning Area 12, therefore the
proposed project would replace the existing approved multifamily units with air space
single family units clustered around courtyards. No significant changes to the grading
or circulation pattern is proposed.
The most prominent issue discussed at the Planning Commission was the views of the
neighborhood from the nearby homes in Aviara Point (Planning Area 13). To resolve
this issue, the Planning Commission modified a condition to require the developer to
screen a perimeter retaining wall with landscaping that would be maintained by the
Aviara Master Homeowner’s Association (see condition number 14 in Planning
Commission Resolution No. 3842).
Also recommended by the Planning Commission was a change to the master plan
wording that would restrict the development in Planning Area 12 to a height of 30 feet,
instead of the 35 feet currently allowed. This change would bring the master plan closer
to the building height limits of other single family homes within the City. Staff and the
applicant agreed to the proposed modification.
The Planning Commission found that the proposed project is in conformance with all
applicable plans, policies and ordinances (i.e. the General Plan, Local Coastal Program,
Aviara Master Plan, Zoning Ordinance, Zone 19 Local Facilities Management Plan and
the Subdivision Ordinance).
ENVIRONMENTAL REVIEW
The project site has undergone previous environmental review through the Aviara Master
Plan EIR, the Planning Area 12 Conditional Negative Declaration and the City’s MEIR.
Upon review of the current proposal, it was determined that the project reduced the
intensity of development (relative to previous approvals) and therefore no additional
significant effects would occur. The current .project 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.
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PAGE‘2 OF AGENDA BILL NO. ) ?/ Y?d-,
With regard to air quality and circulation impacts, the City’s MEIR found that the
cumulative impacts of projects implemented consistent with the General Plan are
significant and adverse due to regional factors, therefore a statement of overriding
considerations was adopted. The project is consistent with the General Plan and as to
these effects, no additional environmental documents are required.
FISCAL IMPACTS
All public facilities and services necessary to serve the proposed 101 clustered single
family units are already in place or will be in place prior to occupancy of any portion of
the development. The project is conditioned to pay the appropriate Public Facilities
Fees to offset the cost of future senrices. Therefore, the proposal will not require the
expenditure of City revenues.
EXHIBITS
1. Ordinance No. A/s - 3 y 7
2. City Council Resolution No. 9(P - &0
3. Location Map
4. Planning Commission Resolution Nos. 3640, 3641, 3642 and 3643
5. Planning Commission Staff Report, dated November 15, 1995
6. Excerpt of Planning Commission Minutes, dated November 15, 1995.
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ORDINANCE NO. NS-347
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA ADOPTING THE AVIARA MASTER
PLAN AMENDMENT RELATIVE TO THE CLUSTERED SINGLE
FAMILY CONDOMINIUMS ON PROPERTY GENERALLY
LOCATED IN THE SOUTHWEST QUADRANT OF THE CITY
IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 19.
CASE NAME: MAREA - AVIARA PLANNING AREA 12
CASE NO: MP 177(L)
WHEREAS, the City Council of the City of Carlsbad, California has reviewed
and considered a 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 Aviara Master Plan MP 177 as amended to date is
further amended by the Master Plan Amendment relative to the clustered single family
condominiums, MP 177(L), 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. 3840 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 within fifteen days after its adoption.
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1' INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
2 Council on the day of , 1996, and thereafter
3 PASSED AND ADOPTED at a regular meeting of the City Council of the City
4 of Carlsbad on the day of , 1996, by the following vote, to wit:
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AYES:
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7 NOES:
8 ABSENT:
9 ABSTAIN:
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11 APPROVEDASTOFORMANDLEGALITY
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14 RONALD R. BALL, City Attorney
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19 ATTEST:
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22 ALETHA L. RAUTENKRANZ, City Clerk
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CLAUDE A. LEWIS, Mayor
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AVIARA
MAREA - PLANNING AREA 12
lUA!WER PLAN AMENDMENT
REPLACEMENT PAGES
MP 177(L)/JXPA 95-13
NOVEMBER l&l995
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-.. . . P~-A~UREiU2hd’~-*~ . . I?-
-: . This 26.1 acre planning area provr’dts for & clustered single family
detached residential . The neighborhood fronts upon Alga Road to the northeast and is
bounded by the hotel planning area to the east and the 7th and 8th holes of the golf course to the
west. The southern portion of this neighborhood 411 preserve the natural slopes and vegetation,
DEWr.OPMENT STANDARPS: PD
All development in Planning Area 12 shall conform to the development standards of the PD
ordinance as described in Chapter 2 I .45.090 of the Carlsbad Municipal Code unless otherwise
noted in this chapter.
USE Maximum of 3 17 residential units (12.1 DUIAC). Private recreation facilities are required in
conjunction with the residential units. .
-USES: . S. Clustered Single famiiy detached housing (condominium
ownership).
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The maximum height shall not exceed 3 38 feet. All heights shall be determined per Section
2 1.04.065 of the Carlsbad Municipal Code. A.1,,, No structures in this Planning
Area shall be +I+ more than two stories in height. 8
Setbacks:
The minimum setback for all sttuctures from the Alga Road right-of-way shall be 50 feet. The
minimum setback for all structures and parking from n BlackRail Court shall be 30
feet. All parking shall be setback a minimum of 35 feet f,rom Alga Road, provided that it is fully . screened- Front yard setbacks within the #HH+WB clusters shall be m . -31 A . . 4 a minimum of 5 feet. Ail structures shalt -..I .
be setback a minimum of 20 feet from the planning area boundary. The minimum building
separation shall be W ‘10 feet. All structures shall be setback a minimum of 39 10 feet from
internal suine streets. All structures shall be setback 20 feet from the fwe suppression zone. a.- Units which have gqragu that liont on the main sptne internal stx-eet shall have a
minimum setback of 20 fat to the garage face. All front yard setbacks shall be
measured from the back of curb or the back of sidewalk, whichev~ is cfoser. All side
yards fronting on the cluster driveway shall be a minimum of seven and one-half (7.5)
feet. All other side yards and rear yards shall be a minimum of five (3 feet.
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The main internal spine street shall be 32 fat wide, with packing on one sidt, Thi’ “
entrance drive to each duster of four or fewer units shall be a minimum of 24 feet wide.
The entrance drive for dusters of over four units shall be a minimum of 30 feet wide.
All private driveways within the clusters and along the main spine street shall a
minimum of 20 feet wide. I Parking:
Parking shall conform to the standards of Chapter 21.44 of the Carisbad Municipal Code. All open parking shall be screened from Alga Road by the use ofeng and heavy lami=apmg.
SPECIAL DESIGN CRITERIA:
Design:
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:
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I 0 Outdoor courtyar& and patios ar&&as shall be included.
Strong architectural relief features shall be incorporated into the structures
visible from Alga Road.
As shown on the conceptual site plan for this planning area, the identified natural
slopes shall be preserved and maintained as open space.
Curvilinear streets shail be combined with varied structural setbacks to strengthen the
Mediterranean hilltown appearance of the planning area clusters.
Entry Treatment:
1 A neigbborhood entry way shall be Iocated on ,tTn Black Rail Court.
Fencing:.
TrafIic noise attenuation structure may be required adjacent to Alga Road in the form of an
approved decorative noise wall, earthen berm or combination of the two. A noise study shall be
required prior to the submittal of a building permit to determine the extend of this element. An
open fence shall be required at the perimeter of the development area beginning at Alga Road
1 and extending around to nln Black Raii Court.
Landscape:
All community-wide landscape standards described in Section A, Community Design EIements
of Chapter IV shall be incorporated into this planning area In addition, the following specific
landscape concepts shall be inctuded in the development of this planning area:
l Views to the golf course and lagoon shall be preserved.
l Landscape screening of structures shall be incorporated to soften the view
of these structures from Alga Road.
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l Landscape screening shall be required for parking lots located along Alga Road and
other internal streets.
l Common streetseape areas shall conform to community requirements. Street trees,
landscape planting intensity zones, paving, entry monuments, irrigation systems,
wails, fences, lighting,, etc., have been pre-determined to provide consistency in
design and quality.
l A fire suppression zone subject to the approval of the Planing 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
of the Planning Director.
l The eastern slope near the hotel entry shall conform to the hotel landscaping criteria.
l Where parking lots are provided, a minimum 320 square foot landscaped island shall
be provided for every ten parking spaces.
Street Trees:
Canary Island Pine (Pinus canariensis) shall be planted along Alga Road. Queen Palm
(Arecastrum Romanzofianum) shall be planted along V%Stmet Black Rail Court.
Open Space:
The northwest graded slopes adjacent to the 7th hole of the golf course and the graded slopes
above the intersection of Alga Road and the resort entry road shall be maintained as open space.
The portion of the planning area to the south of the developed area shall be maintained as a
natural open space. .The above open space areas shall be maintained by the community open
space maintenanci district.
Trails:
The planning area cluster frontage on Alga Road shall include a segment of the major
community trail located along the south side of the street. This segment shall be constructed as a
condition of development
Grading:
Any development within this planning area shall comply with the City’s Hillside Development
Regulations and the slope and resource preservation policies of the underlying local coastal
program and subsequent coastal permit. Any application for development within this planning
area shall require a slope analysis/biological resource map during Site Development Plan review.
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RESOLUTION NO. 96-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING A MASTER
PLAN AMENDMENT, LOCAL COASTAL PROGRAM
AMENDMENT, TENTATIVE TRACT MAP .REVISION
AND PLANNED UNIT DEVELOPMENT PERMIT
AMENDMENT WITHIN PLANNING AREA 12 OF THE
AVIARA MASTER PLAN GENERALLY LOCATED IN
THE SOUTHWEST QUADRANT IN LOCAL FACILITIES
MANAGEMENT ZONE 19.
CASE NAME: MAREA - AVIARA PLANNING AREA 12
CASE NO: MP 177(L)/LCPA 95-13/C-l’ 89-39(A)/PUD
89-19(A)
WHEREAS, pursuant to the provisions of the Municipal Code, the
Planning Commission did, on November 15, 1995, hold a duly noticed public hearing as
prescribed by. law to consider a Master Plan Amendment, Local Coastal Program
Amendment, Tentative Tract Map Revision and Planned Unit Development Permit
Amendment; and
WHEREAS, the City Council of the City of Carlsbad, on the day 16th
of January , 1996, held a duly advertised public hearing to consider said Master
Plan Amendment, Local Coastal Program Amendment, Tentative Tract Map Revision and
Planned Unit Development Permit Amendment and at that time received the
recommendations, objections, protests, comments of all persons interested in or opposed
to MP 177(L)/LCPA 9513fC.I’ 89-39(A)/PUD 89-19(A); and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council
of the City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the City Council APPROVES City Council Resolution No.
96-20 , and that the findings and conditions of the Planning Commission as set
forth in Planning Commission Resolution Nos. 3840, 3841, 3842 and 3343 on file with the
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City Clerk and made a part hereof by reference are the findings and conditions of the City
ChlIlCil.
3. That the application for Master Plan Amendment (MP 177(L)) to
allow revisions to the permitted uses and development standards on property generally
located south of Alga Road, between Black Rail Court and Blue Heron Drive in Aviara
Planning Area 12, in LFMP Zone 19 is approved as shown in Planning Commission
Resolution No. 3840 on file with the City Clerk and incorporated herein by reference.
5. That the Major Local Coastal Program Amendment (LCPA 9513)
to the implementing ordinance of the Mello I segment (Aviara Master Plan) to allow
revisions to the permitted uses and development standards on property generally located
south of Alga Road, between Black Rail Court and Blue Heron Drive in Aviara Planning
Areas 12, in LFMP Zone 19 is approved as shown in Planning Commission Resolution No.
3841 on file with the City Clerk and incorporated herein by reference.
6. That the Tentative Subdivision Map Revision (CT 89-39(A)) to allow
a 101 unit clustered single family condominium development on property generally located
south of Alga Road, between Black Rail Court and Blue Heron Drive in Aviara Planning
Area 12, in LF’MP Zone 19 is approved as shown in Planning Commission Resolution No.
3842 on file with the City Clerk and incorporated herein by reference.
7. That the Major Planned Unit Development Permit Amendment (PUD
89-19(A)) to allow a 101 unit clustered single family condominium development on
property generally located south of Alga Road, between Black Rail Court and Blue Heron
Drive in Aviara Planning Area 12, in LFMP Zone 19 is approved as shown in Planning
Commission Resolution No. 3843 on file with the City Clerk and incorporated herein by
reference.
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L. L I
PASSED, APPROVED AND ADOPTED at a regular meeting of the City /
COUNCIL of the City of Carlsbad, California, on the 16th , 1996, by day of JANUARY
the following vote, to wit: I
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall 1 I
NOES: None
ABSENT None
ATTEST
ALETHA L. RAUTENKIUNZ, City clerk
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ARPORT
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MAREA -
MP 177(L)/LCPA 95-l 3/CT 89=39(A)/
PUD 89=19(A)
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EXBJT4 (
PLANNING COMMISSION RESOLUTION NO. 3840
A RESOLUTION OF THE P LANNING COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDING APPROVAL OF A MAJOR MASTER
PLAN AMENDMENT TO THE AVIARA MASTER PLAN
TO ALLOW THE REVISIONS TO THE PERMITTED USES
AND DEVELOPMENT STANDARDS ON PROPERTY
GENERALLY LOCATED SOUTH OF ALGA ROAD,
BETWEEN BLACK RAIL COURT AND BLUE HERON
DRIVE, WITHIN AVIARA P LANNING AREA 12, IN
LOCAL FACILITIES MANAGEMENT ZONE 19.
CASE NAME: MAREA
CASE NO: MP 177(L)
WHEREAS, Chance Development Corp. has filed a verified application with
the City of Carlsbad and 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, hold a duly noticed public hearing to
consider said application on property described as:
Lot 230 of Carisbad Tract 83-35, Aviara Phase I Unit “D”, , in
the City of Carisbad, County of San Diego, State of California,
according to Map No. 12412, filed in the Offtce of the County
Recorder 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 Planning Commission
considered all factors relating to MP 177(L);
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.
B) That based on the evidence presented at the meeting, the Commission
recommends APPROVAL of Major Master Plan Amendment, MP 177(L),
according to Exhibit “X”, dated November 15,1995, attached hereto, based on
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the following findings and ‘subject to the following conditions:
Findinns:
1.
2.
3.
4.
The Planning Commission finds that:
a.
b.
C.
d.
e.
the project is a subsequent development as identified in Section 210833 of the
California Environmental Quality Act;
the project is consistent with the AvIara Master Pian (MP 177) and the
previously approved tentative tract map (CT 8939) with regard to
environmentai impacts;
there was an EIR certified (EIR 8342(A)) and a Conditional Negative
Declaration approved in connection with the Avlara Master Plan (MP 177)
and the previously approved tentative tract map (CT 89-39);
the project has no new significant environmental effect not analyzed as
significant in the prior EIR (EIR 831)2(A)) or the prior Conditional Negative
Declaration for CT 8939;
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 83-02(A)) and the Conditional Negative
Declaration for CT 8939 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
adverse; 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.
The Pianning Commission finds that the project, as conditioned herein for approval,
is in conformance with the Elements of the City’s General Plan, based on the
foIlowing:
a. Land Use - That the project is consistent with the City’s General Plan since
the proposed density of 5.5 du/acre is within the density range of 4.0 to 8.0
du/acre specified for the site as indicated on the Land Use Element of the
General Plan, and is at or below the growth control point of 6.0 du/acre.
b. Circulation - That the proJect is consistent with the Circulation Element as
the Developer will complete ail street improvements prior to occupancy of any
unit.
PC RESO NO. 3840 -2-
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5.
C.
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f.
Noise - That the project is consistent with the Noise Element as the
Deveioper will post aircraft notification signs in all sales offices associated
with the new development.
Housing - 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 is satisfying it% fair share
of affordable housing through the construction of the Villa Loma project in
the southwest quadrant.
Open Space and Conservation - That the pro.ject is consistent with the Open
Space and Conservation Element as the proposal maintains approved
amounts of native habitat, and erosion control during remedial grading
reduces sedimentation of lagoon and the proposal will comply with all
NPDES requirements.
Public Safety - The project is consistent with the Public Safety Element as all
buildings will meet UBC and State seismic requirements and all necessary
water mains, fire hydrants and appurtenances must be installed prior to
occupancy of any unit and all-weather access roads will be maintained
throughout construction.
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 building permits will not be
issued for the project unless the District Engineer determines that sewer
service is available, and building cannot occur within the project unless sewer
service remains available, and the 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 Carlsbad Unified School District, unless all or a portion of said fees
are waiv$ by the Carlsbad Unified School District.
Park-in-lieu fees are required as a condition of approval, unless previously
excluded by the Parks Agreement between the City and Aviara Land
Associates, dated June 1,1989.
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
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.
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6.
7.
a.
9.
10.
11.
12.
13.
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 proposed development as described by Master Plan (MP 177) is consistent
with the provisions of the General Plan and any applicable specific plans, in that the
areas of the project are designated for residential uses, all necessary seismic,
NPDES, and erosion control measures will be utiiized, and the existing native
habitat is being maintained.
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 ail required public
improvements are in place or will be in place prior to occupancy of any portion of
the residential project.
That the residential and open space portions of the community will constitute an
environment of sustained desirability and stability, and that it will be in harmony with
or provide compatible variety to the character of the surrounding area, and that the
sites proposed for public facilities, such as schools, playgrounds and parks, are
adequate to serve the anticipated population and appear acceptable to the public
authorities having jurisdiction thereof, in that no changes to such are proposed with
this master plan amendment.
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 alteration to proposed commercial uses is proposed with this
master plan amendment.
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 ail preexisting separations and
buffers between the residential project and the neighboring non-residential areas will
be maintained.
That the streets and thoroughfares proposed are suitable and adequate to carry the
anticipated traffic thereon, in that the entire project will generate an additional 1,010
trips which can be accommodated on Alga Road, having a maximum capacity of
20,000 ADT.
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14. 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 there are no commercial facilities proposed with
this master plan amendment.
15. That the area surrounding the development is or can be planned and zoned in
coordination and substantial compatibility with the development, in that the Aviara
Master Plan (MP 177) is already organixed to provide open space buffering or
intervening streets between the proposed residential development and neighboring
non-residential development. II Piannine Conditions:
1. The Planning Commission does hereby recommend approval of the Major Master
Plan Amendment (Exhibit “X”, dated November 15, 1995) for the Clustered Single
Family Residential Project entitled “Marea” (Exhibits “A” - “P “, dated November 15,
1995) on file in the Planning Department and incorporated by this reference, 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 Master Plan
Amendment 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 ezhibits. Any proposed development substantially
different from this approval, shall require an amendment to this approval.
2. Approval of MP 177(L) is granted subject to the approval of LCPA 95-13, CT 89-
39(A) and PUD 89=19(A). MP 177(L) is subject to all conditions contained in
Planning Commission Resolution Nos. 3841,3842 and 3843 for LCPA 95-13, CT 89-
39(A) and PUD 89-19(A) respectively.
3. Prior to approval of the grading permit or building permit for CT 8939(A)/PUD 89.
19(A), whichever occurs first, the Developer shall receive approval of a Local Coastal
Program Amendment issued by the California Coastal Commission that substantially
conforms to this approval. A signed copy of the Local Coastal Program Amendment
must be submitted to the Planning Director. If the approval is substantially different,
an amendment to Mdor Master Pian Amendment shall be required.
/I General Conditions:
4. 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.
PC RESO NO. 3840 -5-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the
PhulningCQ mmission 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
ABSTAIN None
KIM W&.SHONS, Chairperson
CARLSBAD PLANNIN G COMMISSION
I ATI’EST:
MICHAEL JxOL%fILLER
PLANNING DIRECTOR
PC RFSO NO. 3840 4%
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ORDINANCE NO.
ANORDINANCEOFTHEClTYCOUNCILOFTHECITY
OF CARLSBAD, CALIFORNIA ADOPTING THE AVIARA
MASTER PLAN AMENDMENT RELATIVE TO THE
CLUSTERED SINGLE FAMILY CONDOMINIUMS ON
PROPERTY GENERALLY LOCATED IN THE
SOUTHWEST QUADRANT OF THE CITY IN LOCAL
FACILITIES MANAGEMENT PLAN ZONE 19.
CASE NAME: MAREA-AVTARAPLANNIN GAREA12
CASE NO: MP 177(L)
WHEREAS, the City Council of the City of Carlsbad, California has reviewed
and considered a 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 Aviara Master Plan MP 177 as amended to date is
further amended by the Master Plan Amendment relative to the clustered single family
condominiums, MP 177(L), dated November l&1995, attached herein 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. 3840 shall also constitute the findings and
conditions of the City Council.
EFFECI’IVE 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
within fifteen days after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
City Council on the of day , 1995, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad on the -day of- 1995, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAINZ
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTESTZ
1 ALETHA L. IwUTE&Z, City Cork
(s-1
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AVIARA
MAREA - PLANNING AREA 12
MASTER PLAN AMENDMENT
REPLACEMENT PAGES
MP 177(L)/LCPA 95-13
NOVEMBER 15,1995
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I.?. _.* ANNTNG AREA 12.~~~~~**~ . L
DETAWEDRESIDENTTAL.
DESCRTPTION:
This 26.1 acre pianning area provri&s for m..l,; clustered single family
detached residential . The neighborhood fronts upon Alga Road to the northeast and is
bounded by the hotel planning area to the east and the 7th and 8th holes of the golf course to the
west. The southern portion of this neighborhood $11 preserve the natural slopes and vegetation.
DEVELOPMENT STANDAm: PD
All development in Planning Area 12 shall conform to the development standards of the PD
ordinance as described in Chapter 2 1.45090 of the Carisbad Municipal Code unless otherwise
noted in this chapter.
USE: Maximum of 3 17 residential units (12.1 DUIAC). Private recreation facilities are required in
conjunction with the residential units. .
-USES: . . hl.ll,l Clustered Single family detached housing (condominium 0’ ownership).
SJn DEVELOPMENT =‘ANJWiRS .
l
&: -. 30 The maximum height shall not exceedHfeet. All heights shall be determined per Section
2 1.04.065 of the Carlsbad Municipal Code. A No structures in this Planning
Area shall be M+ more than two stories in height. s
Setbacks:
The minimum setback for all structures from the Alga Road right-of-way shall be 50 feet. The
minimum setback for all structures and parking fkom ((r(( Black Rail Court shall be 30
feet. All parking shall be setback a minimum of 35 feet from Alga Road, provided that it is fully . screened. Front yard setbacks within the m clusters shall be e . 3 . . e a minimum of 5 feet. All structures shall . .
be setback a minimum of 20 feet from the planning area boundary. The minimum building
separation shall be ZQ ‘10 feet. A11 structures shall be setback a minimum of %I 10 feet from
internal spine streets. Ail structures shall be setback 20 feet from the fue suppression zone.
Units which have garages that front on the main sp&-Memal street shall have a
minimum setback of 20 feet to the garage face. All front yard setbacks shall be
measured from the bsick of curb or the back of sidewalk, whichever is closer. All side
yards fronting on the cluster driveway shall be a minimum of seven and one-half (7.5)
feet. All other side yards and rear yards shall be a minimum of five (5) feet.
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Street Width:
The main internal spine street shall be 32 feet wide, with parking on one side. Thd ”
entrance drive to each cluster of four or fewer units shall be a minimum of 24 feet wide.
The entrance drive for dusters of over four units shall be a minimum of 30 feet wide.
AlI private driveways within the dusters and along the main spine street shall a
minimum of 20 feet wide. I Parking:
Parking shall conform to the standards of Chapter 21.44 of the Carlsbad Municipal Code. All
open parking shall be screened from Alga Road by the use of beaming and heavy landscaping.
SPECIAL DESIGN CRITERIA:
Design:
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:
l Strong architectural relief features shall be incorporated into the structures
visible from Alga Road.
l As shown on the conceptual site plan for this planning area, the identified natural
slopes shall be preserved and maintained as open space.
l Curvilinear streets shall be combined with varied structural setbacks to strengthen the
Mediterranean hilltown appearance of the planning area clusters.
l Outdoor courtyards7 and patios an&pl~~ shall be included.
Entry Treatment:
1 A neighborhood entry way shall be located on ,,Tn Black Raii Court.
Fencing:
Traffic noise attenuation structure may be required adjacent to Alga Road in the form of an
approved decorative noise wall, earthen berm or combination of the two. A noise study shall be
required prior to the submittal of a building permit to determine the extend of this element. An
open fence shall be required at the perimeter of the development area beginning at Alga Road
1 and extending around to W Black Rail Court.
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.:
l Views to the golf course and Iagoon shall be preServed.
l Landscape screening of structures shall be incorporated to soften the view
of these structures from Alga Road.
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l Landscape screening shall be required for parking lots located along Alga Road and
other internal streets.
l Common streetscape areas shall conform to community requirements. Street trees,
landscape planting intensity zones, paving, entry monuments, irrigation systems,
walls, fences, lighting,, etc., have been pre-determined to provide consistency in
design and quality.
l A fire suppression zone subject to the approval of the Planing 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
of the Planning Director.
l The eastern slope near the hotel entry shall conform to the hotel landscaping criteria.
l Where parking lots are provided, a minimum 320 square foot landscaped island shall
be provided for every ten parking spaces.
Street Trees:
Canary Island Pine (Pinus canariensis) shah be pIanted along AIga Road. Queen Palm
(Arecastrum Romanzoffranum) shall be planted along “T,( Black Rail Court.
Open Space:
The northwest graded slopes adjacent to the 7th hole of the golf course and the graded slopes
above the intersection of Alga Road and the resort entry road shall be maintained as open space.
The portion of the planning area to the south of the developed area shall be maintained as a
natural open space. ,The above open space areas shall be maintained by the community open
space maintenance district.
Trails:
The planning area cluster frontage on Alga Road shall include a segment of the major
community trail located along the south side of the street. This segment shall be constructed as a
condition of development.
Grading:
Any development within this planning area shall comply with the City’s Hillside Development
Regulations and the slope and resource preservation policies of the underlying local coastal
program and subsequent coastal permit. Any application for development within this planning
area shall require a slope analysis/biological resource map during Site Development Plan review.
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PLANNING COMMISSION RESOLUTION NO. 3841
A RESOLUTION OF THE PLANNIN G COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDING APPROVAL OF A MAJOR LOCAL
COASTAL PROGRAM AMENDMENT TO THE
IMPLEMENTING ORDINANCE OFTHE MELLO I LOCAL
COASTAL PROGRAM (AVIARA MASTER PLAN) TO
ALLOW REVISIONS TO PE RMITTED USES AND
DEVELOPMENT STANDARDS ON PROPERTY
GENERALLY LOCATED SOUTH OF ALGA ROAD,
BETWEEN BLACK RAIL COURT AND BLUE HERON
DRIVE,WITHINAVIARAP I.&WING AREA 12, IN
LOCAL FACILITIES MANAGEMENT ZONE 19.
CASENAME MAREA
CASE No: LCPA 95-13
WHEREAS, California State Law requires that the Local Coastal Program,
General Plan, and Zoning for properties in the Coastal Zone be in conformance; and
WHEREAS, MP 177 constitutes the zoning for the Aviara Master Plan as well
as the implementing ordinance for the subject Coastal Zone property; and
WHEREAS, Chance Development Corp. 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 Chapter 8, Subchapter 2, Division 5.5 of Title 14 of the California Code of Regulations
(coastal co mmission Administrative Regulations); and
WHEREAS, the City in compliance with State Administrative regulations
opened a six week public review for the proposed LCP amendment; and
WHEREAS, the Phuming Co mmission of the City of Carlsbad, on November
15, 1995 held a public hearing to consider the recommendations and heard all persons
interested in or opposed to Local Coastal Program Amendment LCPA 95-13;
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL of Local Coastal Program Amendment, LCPA 95-13,
according to Exhibit “X”, dated November l&1995, which contains master plan text
changes as attached to Planning Commission Resolution No. 3840 for MP 177(L) and based on the following findings and subject to the following conditions:
Pindings:
1. The Planning Commission finds that:
a.
b.
C.
d.
e.
the project is a subsequent development as identified in Section 21083.3 of the
California Environmental Quality Act;
the project is consistent with the Aviara Master Plan (MP 177) and the
previously approved tentative tract map (CT 8939) with regard to
environmental impacts;
there was an EIR certified (EIR li3=02(A)) and a Conditional Negative
Declaration approved in connection with the Avlara Master Plan (MP 177)
and the previously approved tentative tract map (CT 89-39);
the project has no new significant environmental effect not analyzed as
significant in the prior EIR (EIR 83-02(A)) or the prior Conditional Negative
Declaration for CT 8939;
none of the circumstances requiring Subsequent or Supplemental EIR under
CEQA Guidelines Sections 15162 or 15163 exist;
2. The Planning Commission finds that all feasible mitigation measures or project
alternatives identified in the EIR (EIR 83-02(A)) and the Conditional Negative Declaration for CT 89-39 which are appropriate to this Subsequent Project have been
incorporated into this Subsequent Project.
3. The City’s MEIR found that air quality and circulation Impacts are slgnlllcant and
adversei the&ore, the City Council adopted a statement of overridlng
considerations. The project is consistent with the General Plan and as to those
effects, no additional environmental document is required.
4. The Planning Commission finds that the project, as conditioned herein for approval,
is in conformance with the Elements of the City’s General Plan, based on the
following:
PC RESO NO. 3841 -2-
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a.
b.
C.
d.
e.
f.
5.
Land Use - That the project is consistent with the City’s General Plan since
the proposed density of 5.5 du/acre is within the density range of 4.0 to 8.0
du/acre specified for the site as indicated on the Land Use Element- of the
General Plan, and is at or below the growth control point of 6.0 du/acre.
Circulation - That the project is consistent with the Circulation Element as
the Deveioper will complete ail street improvements prior to occupancy of any
unit.
Noise - That the project’ is consistent with the Noise Element as the
Developer will post ai& notification signs in ail sales offices associated
with the new deveiopmeut.
Housing - 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 is satisfying it’s fair share
of affordable housing through the construction of the Villa Loma project in
the southwest quadrant.
Open Space and Conservation - That the pr@ct is consistent with the Open
Space and Conservation Element as the proposal maintains approved
amounts of native habitat, and erosion control during remedial grading
reduces sedimentation of lagoon and the proposal will comply with ail
NPDES requiremeuts.
Public Safety - The project is consistent with the Public Safety Element as ail’
buildings will meet UBC and State seismic requirements and ail necessary
water mains, fire hydrants and appurtenances must be installed prior to
occupancy of any unit and ail-weather access roads will be maintained
throughout construction.
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. The project has been conditioned to ensure that building permits will not be
issued for the project unless the District Engineer determines that sewer
service is available, and building cannot occur within the project unless sewer
service remains available, and the 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.
b. Statutory School fees will be paid to ensure the availability of school facilities
in the Carisbad Unified School District, unless all or a portion of said fees
are waived by the Carl&ad Unified School District.
PC PESO NO. 3841 -3-
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6.
7.
8.
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C. Park-in-lieu fees are required as a condition of approval, unless previously
excluded by the Parks Agreement between the City and Aviara Land
Associate+ dated June 1,1989.
d. All necessary public improvements have been provided or are required as
conditions of approval.
e. 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
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 proposed Local Coastal Program Amendment is consistent with all
applicable policies of the Meilo I segment of the Carlsbad Local Coastal Program,
in that ail areas of steep slopes and native vegetation are being preserved.
That the proposed amendments to the impiementing ordinance of the Meilo I
segment of the Carlsbad Local Coastal Program are required to maintain consistency
between the Aviara Master Pian and the City’s Local Coastal Program.
Planning Conditions:
1. The Pianning Commission does hereby recommend approval of the Major Locai
Coastal Program Amendment (Exhibit “X”, dated November 15, 1995) for the
Clustered Single Family Residentiai Project entitled “Marea” (Exhibits “A” - “P”,
dated NovembdlS, 1995) on file in the Planning Department and incorporated by
this reference, 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 Locai Coastai Program Amendment documents, as necessary to make them
internally consistent and conform to City Council’s dinal 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.
2. Approval of LCPA 95-13 is granted subject to the approval of MP 177(L), CT 899
39(A) and PUD 89=19(A). LCPA 95-13 is subject to all conditions contained in
PC PESO NO. 3841 -6 32
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Planning Commission Resolution Nos. 3840,3842 and 3843 for MP 177(L), CT 89,
39(A) and PUD 89-19(A) respectively.
3. Approval of LCPA 95-13 is not effective until it is approved by the California Coastai
Commission. If the Coastal Commission approval is substantially different, an
amendment to City-issued Mqjor Locai Coastal Program Amendment (LCPA 95-13)
shall be required.
General Conditions:
4. 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.
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
ABSTAINz None
KIM WELSHONS, Chairperson
CARLSBAD PLANNINe COMMISSION
ATTEST
MICHAEL J. H&ZM%fLER
Planning Director
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A RESOLUTION OF THE PLANNIN G COMMISSION OF
THE CITY OF CARLSBAD, CALIFORNIA,
RECOMMENDING APPROVAL OF A TENTATIVE
TRACT MAP REVISION TO ALLOW A 101 UNIT, 21 LOT
CLUSTERED SINGLE FAMILY DETACHED
CONDOMINIUM DEVELOPMENT ON PROPERTY
GENERALLY LOCATED SOUTH OF ALGA ROAD,
BETWEEN BLACK RAIL COURT AND BLUE HERON
DRIVEWITHINAVIARAPLANNIN G AREA 12, IN
LOCAL FACILITIES MANAGEMENT ZONE 19.
CASENAME: MAREA
CASE NO: C-I’ 89-39(A)
WHEREAS, Chance Development Corp. has filed a verified application with
the City of Carlsbad and 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, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 15th day of November, 1995, hold a duly noticed public hearing to
consider said application on property described as:
Lot 230 of Carisbad Tract 8335, Aviara Phase I Unit “D”, in
the City of Carisbad, County of San Diego, State of California,
according to Map No. 12412, filed in the Ofiice of the County
Recorder 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 Planning Commission
considered all factors relating to CT 8939(A).
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.
B) That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL of Tentative Tract Map Revision, (X 89-39(A),
based on the following findings and subject to the following conditions:
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Findinns:
1. The Planning Commission finds that:
a. the project is a subsequent development as identified in Section 210833 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 89-39) with regard to
environmentai impacts;
C. there was an EIR certified (EIR 83=02(A)) and a Conditional Negative
Declaration approved in connection with the Aviara Master Plan (MP 177)
and the previously approved tentative tract map (CT 8939);
d. the project has no new significant environmental effect not analyzed as
significant in the prior EIR (EIR 83-02(A)) or the prior Conditional Negative
Declaration for CT 8939;
e. none of the circumstances requiring Subsequent or Supplemental EIR under
CEQA Guidelines Sections 15162 or 15163 exist;
2.
3.
4.
The Planning Commission finds that all feasible mitigation measures or project
alternatives identified in the EIR (EIR 83-02(A)) and the Conditional Negative
Declaration for CT 8939 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
adverse; therefore, the City Council adopted a statement of overriding
considerations. The project is consistent with the General Plan and as to those
effects, no additional environmental document is required.
The Planning Commission finds that the project, as conditioned herein for approval,
is in conformance with the Elements of the City’s General Plan, based on the
following:
a. Land Use 1 That the project is consistent with the City’s General Plan since
the proposed density of 55 du/acre is within the density range of 4.0 to 8.0
du/acre specified for the site as indicated on the Land Use Element of the
General Plan, and is at or below the growth control point of 6.0 du/acre.
b. Circulation - That the project is consistent with the Circulation Element as
the Developer will complete ail street improvements prior to occupancy of any
unit.
c. Noise - That the project is consistent with the Noise Element as the
Developer will post aircraft notification signs in ail sales offices associated
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5.
with the new development.
d. Housing - 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 is satisfying it’s fair share
of affordable housing through the construction of the Villa Loma project in
the southwest quadrant.
e. Open Space and Conservation - That the project is consistent with the Open
Space and Conservation Element as the proposal maintains approved
amounts of native habitat, and erosion control during remedial grading
reduces sedimentation of lagoon and the proposal will comply with ail
NPDES requirements.
f. Public Safety - The project is consistent with the Public Safety Element as ail
buildings will meet UBC and State seismic requirements and ail necessary
water mains, fire hydrants and appurtenances must be instailed prior to
occupancy of any unit and ail-weather access roads will be maintained
throughout construction.
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 final 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 Unified School District, unless ail or a portion of said fees
are waived by the Carisbad Unified School District.
Park-in-lieu fees are required as a condition of approval, unless previously
excluded by the Parks Agreement between the City and Aviara Land
Associates, dated June 1,1989.
AU 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
payment of the fee will enable this body to find that public facilities will be
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6.
7.
8.
9.
10.
11.
12.
13.
. . . .
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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 proposed map and the proposed design and improvement of the subdivision
as conditioned, is consistent with and satisfies all requirements of the General Plan,
any applicable specific plans, 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 residential uses are permitted in Aviara Planning Area 12, all necessary seismic,
NPDES and erosion control measures will be utllized, the existing native habitat is
being maintained, and necessary public facilities and services needed to serve the
development are or will be in place prior to occupancy of the project.
That the proposed project is compatible with the surrounding future land uses since
surrounding properties are designated for residential and non-residential
development on the General Plan, in that the Aviara Master Plan (MP 177) is
already organized to provide open space buffering or intervening streets between the
proposed residential development and neighboring non-residential development.
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 development at the density
proposed, in that all proposed development for the clustered single family detached
project fits on the site without the need of expanding the graded area.
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 all existing easements of record within the project are consistent with the
proposal or shall be relocated as necessary concurrent with recordation of the final
map.
That the property is not subject to a contract entered into pursuant to the Land
Conservation Act of 1965 (Williamson Act);
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 the proposed
building orientations and spacing allow for a variety of microciimatoigicai
environments.
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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;
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 ail existing native habitat is remaining preserved and
ail previously approved encroachment deterrents will be in place prior to
construction.
That the discharge of waste from the subdivision will not result in violation of
existing California Regional Water Quality Control Board requirements, in that ail
National Pollutant Discharge Eiiminatlon System requirements will be met through
final project design.
Plannine Conditions:
The Planning Commission does hereby recommend approval of the Tentative Tract
Map Revision for the Clustered Single Family Residential Project entitled “Marea”
(Exhibits “A” - “P” on file in the Planning Department and incorporated by this
reference, 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 Tentative Tract Map Revision 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.
The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
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 copy
shall be submitted to the City Engineer and approved prior to building, grading, final
map, or improvement plan submittal, whichever occurs first.
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.
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.
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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 October 18,1994, 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.
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.
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.
If any condition for construction of any public improvements or facilities, or the
payment of any fees in lieu thereoE, 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 8939(A) is granted subject to the approval of MP 177(L), LCPA 95
13 and PUD 89=19(A). CT 8939(A) is subject to all conditions contained in Planning
Commission Resolution Nos. 3840,384l and 3843, for MP 177(L), LCPA 95-13 and
PUD 89-19(A), respectively.
The conditions of approval foe CT 8939(A) contained in this resolution supersede
ail previous conditions of approval for CT 8939, as contained in Planning
Commission Resolution No. 3082 with the exception of condition number 46
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 building permits, 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. 3842 on the real property owned by the developer. Said Notice of
Restriction shall note the property description, location of the file coma.ining
complete project details and all conditions of approval as well as any conditions or
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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.
The Developer shalI prepare a detailed landscape and irrigation plan in conformance
with the approved Preliminary Landscape 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 first submittal of detailed landscape and irrigation plans shall be accompanied
by the project’s building, improvement, and grading plans. The retaining wall along
the western project boundary shall be screened with landscaping by the builder and
maintained by the Master Homeowner% Association to the satisfaction of the
Planning Director prior to occupancy of any units adjacent to the retaining wail.
The Developer shall submit and obtain Planning Director approval of a uniform sign
program for this development prior to occupancy of any building.
Building identification and/or addresses shall be placed on all new and existing
buildings so as to be plainly visible from the street or access road; color of
identification and/or addresses shall contrast to their background color.
The 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.
The Developer shall display a current Zoning and Land Use Map in the sales office
at alI times, or suitable alternative to the satisfaction of the Planning Director.
All sales maps thit are distributed or made available to the public shall include but
not be limited to trails, future and existing schools, parks, and streets.
This project is being approved as a condominium permit for residential
homeownership purposes. If any of the units in the project are rented, the minimum
time increment for such rental shall be not less than 26 days. The CC&& for the
project shall include this requirement.
Prior to approval of the final map or grading permit, whichever occurs first, the
Developer shall receive approval of a Coastal Development Permit issued by the
California Coastal Commiss Ion that substantially conforms to this approval. A signed
copy of the Coastal Development Permit must be submitted to the Planning Director.
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If the approval is substantially different, an amendment to Tentative Tract Map
Revision shall be required.
Prior to the recordation 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
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).
Ewineeriw Conditions:
NOTE: 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 final map:
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There shall be one final map for this subdivision.
Construction may be phased provided ail facilities needed to serve the phase and
meet the Cul-de-sac Standard arc provided to the satisfaction of the City Engineer
and Planning Director.
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.
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 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 Black Rail
Court shall be waived on the final map.
Prior to approval of any grading or building permits for this project, the owner shall
give written consent to the annexation of the area shown within the boundaries of the
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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 o& 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
owner does not execute the Authorixation Agreement, the assessment on the subject
property must be paid off in full bv the owner nrior to final mar, annroval.
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 “Caiifomia Storm Water Rest
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. Wording to the following effect shall be placed in the CC&R’s
for this project:
a Ail owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properiy dispose of tozic and
hazardous waste products.
b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm
drain or storm water conveyance systems. Use and disposal of pesticides,
fungicides, herbicides, insecticides, fertilizers and other such chemical
treatments shall meet Federal, State, County and City requirements as
prescribed in their respective containers.
co Rest Management Practices shall be used to eiiminate or reduce surface
pollutants when planning any changes to the landscaping and surface
improvements.
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 construction phase and each subsequent phase shall be connected
to the public street system with fully improved private streets and meet the
Cul-de-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.
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35. The driveways for Units 4 and 6 in Lot 1 shall be realigned to provide for a standard
passenger vehicle to make a minimum three-point turn into and out of the driveways.
36. The driveway for Unit 29 in Lot 9 shall be realigned to provide for a standard
passenger vehicle to turn into the driveway from the street in one movement.
37. The street providing access for Units 49 through 55 in Lot 12 shall be 30 f& wide.
Water District Conditions:
38. The entire potable water system, reclaimed water system and sewer system shall be
evaluated in detail to ensure that adequate capacity, pressure and flow demands can
be met.
39. 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.
40. Sequentially, the Developer’s Engineer shall do the following:
a. Meet with the City Fire Marshal and establish any revisions to the original fire
protection requirements. Also obtain any changes in the 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,
comment and approval of the preliminary system layouts and usages (i.e. -
GPM - EDU).
41.’ This project is approved on 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 avdable
at the time of application for such water service and sewer service permits and will
continue to be available until time of occupancy.
42. The developer shall be required to install an eight (8) inch diameter looped system
with connections on Black Rail Court and Alga Road to provide adequate fireflow.
Fire Conditions:
43. Prior to the issuance of building permits, complete building plans shall be approved
by the Fire Department.
44. Additional on-site public water mains and fire hydrants are required.
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Applicant shall submit a site plan to the Fire Department for approval, which depicts
location of required, proposed and existing public water mains and dire hydrants.
The plan should include off-site fir hydrants within 200 feet of the project.
Applicant shall submit a site plan depicting emergency access routes, driveways and
traffic circulation for Fire Department approval.
An all weather, unobstructed access road suitable for emergency setice vehicles shall
be provided and maintained during construction. When in the opinion of the Fire
Chief the access road has become unserviceable due to inclement weather or other
reasons, he may, in the interest of public safety, require that construction operations
cease until the condition is corrected.
All required water mains, fire hydrants and appurtenances shall be operational before
combustible building materials are located on the construction site.
All security gate systems controlling vehicular access shall be equipped with a “Knox”
key-operated emergency entry device. Applicant shall contact Fire Prevention
Bureau for specifications and approvals prior to installation.
Private roads and driveways which seme as required access for emergency service
vehicles shall be posted as fire lanes in accordance with the requirements of section
17.04.020 of the Carlsbad Municipal Code.
Native vegetation which presents a fire hazard to structures shall be modified or
removed in accordance with the specifications contained in the City of Carlsbad
Landscape Guidelines Manual. Applicant shall submit a Fire Suppression plan to the
Fire Department for approval.
Plans and/or specifications for fire alarm systems, fire hydrants, automatic fire
sprinkler systems and other fire protection systems shall be submitted to the Fire
Department for approval prior to construction.
The applicant shall provide a street map which conforms to the following scale: A
400 scale photo-reduction mylar, depicting proposed improvements and at least two
existing intersections or streets. The map shall also clearly depict street centerlines,
hydrant locations and street names.
A monument sign shall be installed at the entrance to the driveway or private street
indicating the addresses of the buildings on site.
Generai Conditions
55. 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
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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:
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NOTE: The project is subject to all applicable provisions of local ordinances,
including but not limited to the following code requirements:
The Developer shall pay a landscape plan check and inspection fee as required by
Section 20.08.050 of the Carlsbad Municipal Code.
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.
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.
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.
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
& new lot.
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.
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
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shall be obtained and grading work be completed in substantial conformance with the
approve grading plans.
NOTE: 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.
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.
The developer shall exercise special care during the construction phase of this project
to prevent offYte 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.
IMPROVEMENT PLAN NOTES
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A note shall be placed on the improvement plans stating which improvements and
utilities are public and which are private.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Planning Gxnmission of the City of Carlsbad, California, held on the 15th day of November,
1995, by the following vote, to wit:
AYES: Chairperson Welshons, Commissioners Compaq Monroy, Noble
and Savary
NOES: Commissioner Envin
ABSENT: Commissioner Nielsen
ABSTAINz None
II
m4 *LSHONS, Chairperson
CARLSBAD P LANNING COMMISSION
ATTESTZ
Planning Director
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PLANNING COMMISSION RESOLUTION NO. 3843
A RESOLUTION OF THE PL4NNIN G COMMISSION OF
THE CITY OF CARLSBAD, CALIFOPNIA,
RECOMMENDING APPROVAL OF A MAJOR
AMENDMENT TO AN EXISTING PLANNED UNIT
DEVELOPMENT PERMIT TO REVISE THE SITE AND
BUILDING DESIGN ON PROPERTY GENERALLY
LOCATED SOUTH OF ALGA ROAD, BETWEEN BLACK
RAIL COURT AND BLUE HERON DRIVE, WITHIN
AVIARAPLANNIN G AREA 12, IN LOCAL FACILITIES
MANAGEMENT ZONE 19.
CASE NAME: MAREA
CASE NO: PUD 89-19(A)
WHEREAS, Chance Development Corp. has filed a verified application with
the City of Carlsbad and referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a planned unit
development permit amendment as provided by Chapter 21.47 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, hold a duly noticed public hearing to
consider said application on property described as:
Lot 230 of Carisbad Tract 83-35, Aviara Phase I Unit “D”, in
the City of Carisbad, County of San Diego, State of California,
according to Map No. 12412, filed in the Office of the County
Recorder June 29,1989; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Planning Commission
considered all factors relating to PUB 89-19(A).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
4 That the above recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL of Pianned Unit Development Permit Amendment, PUD
89=19(A), based on the following findings and subject to the following conditions:
Findings:
1. The Planning Commission finds that:
a. the project is a subsequent development as identified in Section 21083.3 of the
California Environmental Quality Act;
b. the project is consistent with the Aviara Master Plan (MP 177) and the
prevlousiy approved tentative tract map (CT 8939) with regard to
environmentai impacts;
C. there was an EIR certified (EIR 83-02(A)) and a Conditional Negative
Declaration approved in connection with the Aviara Master Plan (MP 177)
and the previously approved tentative tract map (CT 89-39);
d. the project has no new significant environmental effect not analyzed as
significant in the prior EIR (EIR 83-02(A)) or the prior Conditional Negative
Declaration for CT 8939;
e. none of the circumstances requiring Subsequent or Supplemental EIR under
CEQA Guidelines Sections 15162 or 15163 exist;
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The Planning Commission finds that all feasible mitigation measures or project
alternatives identified in the EIR (EIR 83-02(A)) and the Conditional Negative
Declaration for CT 8939 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
adverse; therefore, the City Council adopted a statement of overriding
considerations. The project is consistent with the General Plan and as to those
effects, no additional environmental document is required.
The Planning Commission finds that the project, as conditioned herein for approval,
is in conformance with the Elements of the City’s General Plan, based on the
following:
a. Land Use - That the project is consistent with the City’s General Plan since
the proposed density of S.!! du/acre is within the density range of 4.0 to 8.0
du/acre specified for the site as indicated on the Land Use Element of the
General Plan, and is at or below the growth control point of 6.0 du/acre.
b. Circulation - That the project is consistent with the Circulation Element as
the Developer will complete ail street improvements prior to occupancy of any
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5.
C.
d.
e.
f.
unit.
Noise - That the project is consistent with the Noise Element as the
Deveioper will post aircraft notification signs in ail sales offices associated
with the new development.
Housing - 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 Mordabie Housing Agreement and is satisfying it’s fair share
of affordable housing through the construction of the Villa Loma project in
the southwest quadrant.
Open Space and Conservation - That the project is consistent with the Open
Space and Conservation Element as the proposai maintains approved
amounts of native habitat, and erosion control during remedial grading
reduces sedimentation of lagoon and the proposal will comply with all
NPDES requirements.
Public Safety - The project is consistent with the Public Safety Element as ail
buildings will meet UBC and State seismic requirements and ail necessary
water mains, fire hydrants and appurtenances must be installed prior to
occupancy of any unit and ail-weather access roads will be maintained
throughout construction.
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 building permits will not be
issued for the project unless the District Engineer determines that sewer
service is available, and building cannot occur within the project unless sewer
service remains available, and the 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 Carlsbad Unifkd School District, unless all or a portion of said fees
are waived by the Carisbad Unified School District.
Park-in-lieu fees are required as a condition of approval, unless previously
excluded by the Parks Agreement between the City and Aviara Land
Associates, dated June 1, 1989.
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. 3843
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6.
7.
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13.
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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 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
required recreation area, street width, sidewalks and parking are provided; medium
density residential uses are permitted in Aviara Planning Area 12; erosion control
measures will be utilized and the existing native habitat will be maintained.
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, in that it provides residential support to the
future commercial use(s) in the area and increases the range of housing cost and
availability within the master plan.
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 all necessary public facilities and services needed to serve the
development are or will be in place prior to occupancy of the project.
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 the required recreation am street width,
sidewalks and parking are provided; the streetscape is enhanced through the varied
building separation and architectural detail, clustering of buildings provides more
individual open space, and curvilinear streets and courtyards provide visual interest
through the project
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 proposed grading scheme follows the previous approved plan and
no additional encroachments into native open space are required.
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, in that adequate open space and street
PC RESO NO. 3843 -4-
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buffering occurs between the residential project and the neighboring non-residential
development.
14. 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 spine road meets the
minimum 32 foot width for parking on one side and the reduced courtyard widths
of 24 feet minimize paved area while providing adequate circulation for the four
units that they serve.
Planning Conditions:
1. The Planning Commission does hereby recommend approval of the Planned Unit
Development Amendment for the Clustered Single Family Residential Project
entitled “Marea” (Exhibits “A” - “P” on file in the Planning Department and
incorporated by this reference, 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 Planned Unit Development Permit
Amendment 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.
2. Approval of PUD 89=19(A) is granted subject to the approval of MP 177(L), LCPA
95-13 and CT 89-39(A). PUD 89-19(A) is subject to all conditions contained in
Planning Commission Resolution Nos. 3849,384l and 3842, for MP 177(L), LCPA
95-13 and CT 8939(A), respectively.
/I General Conditions:
3. 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.
. . . .
. . . .
. . . .
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on the 15th day of November,
1995, by the following vote, to wit:
AYES: Chairperson Welshons, Commissioners Compas, Monroy, Noble
and Savary
NOES: Commissioner Ewin
ABSENT: Commissioner Nielsen
ABSTAIN: None
KIM VriELSHONS; Chairperson
CARLSBAD PLANNIN G COMMISSION
AT-I-EST:
PLANNING DIRECTOR
PC RESO NO. 3843 4% 53
-- -- EXHBIT 5
*lxlgd-m)yybed A REPORT TO THE PLANNING COMMISSION
Item No. 7 0
P.C. AGENDA OF: November 15, 1995
Application complete date: February 1, 19%
Project Planner: Michael Grim
I Project Engineer: Jim Davis I
SUBJECT: MP 177(LYLCPA 95-13lCT 89-39(AYPUD 89-19(A) - MAREA - AVIARA
PUNNING AREA 12 - Request for a Master Plan Amendment and Local
Coastal Program Amendment to revise the permitted uses and development
standards for Planning Area 12 and a Tentative Tract Map Revision and
Planned Unit Development Permit Amendment to allow a 101 clustered single
family detached condominiums on 21 lots, within Aviara Planning Area 12, in
Local Facilities Management Zone 19.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution Nos. 3840,3841,
3842 and 3843 RECOMMENDING APPROVAL of MP 177(L), LCPA 95-13, CT 89-39(A)
and PUD 89-19(A), based on the findings and subject to the conditions contained therein.
II. INTRODUCTION
The project would revise the currently approved 108 unit multifamily residential
development to a 101 unit, clustered single family condominium development. The units
would be under condominium ownership and would have exclusive use areas surrounding
the homes. The master plan development standards would be revised to reflect the new
clustered single family condominium product, however no reduction in public facilities,
planning area setbacks, parking, sidewalks, landscaping or recreation areas would occur.
III. PROJECT DESCRIPTION AND BACKGROUND
Chance Development Corporation is requesting approval of a master plan amendment, local
coastal program amendment, tentative tract map revision and planned unit development
permit amendment to develop a 101 unit, clustered single family condominium within Aviara
Planning Area 12. The project site is located on the southeast comer of Alga Road and
Black Rail Court, between the Four Seasons Resort Aviara and Aviara Point, the custom
lot neighborhood. North of the site is Alga Road and to the south is natural open space
and the Aviara golf course. The site is designated for medium density residential use by the
General Plan (RM) and Aviara Master Plan is zoned P-C (Planned Community).
The site is currently graded as a result of the Aviara Phase I mass grading and some finish
grading associated with the previously approved tentative map. All deed restricted native
. -4 --
&P 177(L)/LCPA 95-13/t* 89-39(A)/PUD 89-19(A)
MAREA-AVIARAP LANNINGAREA 12
NOVEMBER 15, 1995
PAGE 2
. ‘.habitat open space areas were delineated and preserved with the former project, thus
creating a defined pad area for future construction. The site takes access off of Black Rail
Court, along with Aviara Point and Aldea II (Planning Areas 13 and 15).
The existing approvals on Planning Area 12 include a tentative tract map and planned unit
development for 108 multifamily condominiums arranged in attached triplex structures, with
one unit on the ground floor and two above. The proposed plan would create 101 detached
single family condominium units, which are clustered in pods of four to eight units around
cul-de-sac courtyards. The subdivision would be an air space condominium with exclusive
use yard areas around each unit. As shown on Exhibit “A”, the courtyards feed off of a
main spine street, which measures 32 feet wide and allows parking on one side. Each
courtyard would serve up to four units for 24 foot wide cul-de-sac courtyards and up to eight
for 30 foot wide cul-de-sac courtyards. The unit clusters are located behind units fronting
on the spine street, thereby creating a typical single family residential streetscene. All
* . . s. garages that take access off of the main spine street would have a minimum 20 foot setback,
to create additional guest parking opportunities and allow for adequate internal circulation.
The architecture of the single family condominiums would be Spanish Colonial, in keeping
with the master plan design guidelines. The two and three bedroom units would range from
1,527 to 1,843 square feet and include a minimum 20 foot by 20 foot garage. Each home
would contain two story internal living areas and three different potential external
elevations. Each condominium unit would have its own front, side and rear yard, or
exclusive use area; all but 11 rear yards would have a minimum dimension of 15 feet by 15
feet. In addition to the private yards, a common active recreation area with a pool, spa and
cabana and a common passive recreational lookout area would be included in the
development. All recreation areas would be maintained by the homeowner’s association.
Some retaining walls would be necessary to develop this product type on the subject
property but, except for the golf course frontage, no walls or fence/wall combinations within
the project would exceed six feet in height. Along the golf course frontage, the guest
builder will build a solid wall topped by a view fence to preserve views of the golf course
while hiding the solid portion of the wall behind the fall of the slope and with vegetation.
The clustered single family condominium proposal involves two groups of permit requests:
a master plan amendment/local coastal program amendment and a tentative map revision
and planned unit development permit amendment. The master plan amendment and local
coastal program amendment would revise the permitted uses and development standards in
the master plan to allow a clustered single family condominium development. The tentative
tract map revision and planned unit development permit amendment would revise the
currently approved multifamily development plan and product type to the proposed
clustered single family condominium.
The Carlsbad Municipal Code allows a master plan to override normal development
standards. Since the Aviara Master Plan serves as the zoning for the master plan area,
amendment of those standards redefines the allowed development within the applicable
MP 177(L)/LCPA 95-13/L 1’ 89-39(A)/PUD 89-19(A)
MAREA - AVIARA PI&WIN GAREA 12
NOVEMBER 15, 1995
PAGE 3
. . portion of Aviara. As shown in Exhibit “X”, attached to Planning Commission Resolution
No. 3840, dated November 15, 1995, the change to permitted uses within Aviara Planning
Area 12 would allow clustered single family instead of the currently approved attached
multifamily uses. The revision to development standards would permit smaller building
separation (10 feet), reduced front setbacks for living areas (10 feet), reduced building
height (two stories exclusively) and reduced private street width for courtyards serving four
units or less (24 feet). The proposed revisions would not adjust residential density, planning
area boundary setbacks, recreation area or parking requirements. The proposed revisions
to the tentative map and planned unit development permit are detailed in Exhibits “A” - “P”,
dated November 15,1995, and briefly described above.
The proposed product type is similar to that recently approved in Planning Area B-l of the
Poinsettia Shores Master Plan (MP 175). The building separation, setbacks, yards and cul-
de-sac courtyard width for the Marea - Aviara Planning Area 12 project all emulate the * .1 *; : j, ’ ;‘,*-.:Poinsettia Shores clustered single family condominium model.
The Marea - Aviara Planning Area 12 project is subject to the following land use plans,
policies, programs and zoning regulations:
A. General Plan
B. Mello I segment of the Local Coastal Program
C. Aviara Master Plan (MP 177 and its amendments)
D. Planned Community Zone Ordinance (Chapter 21.38 of the Zoning
Ordinance)
E. Planned Development Ordinance (Chapter 21.45 of the Zoning Ordinance)
F. Growth Management Ordinance (Chapter 21.90 of the Zoning Ordinance)
G. Zone 19 Local Facilities Management Plan
H. Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code)
Iv. ANALYSIS
The recommendation of approval for this project was developed by analyzing the project’s
consistency with the applicable policies and regulations listed above. The following analysis
section discusses compliance with each of these regulations/policies utilizing both text and
tables.
. ,- - --
MP 177(L)jLCPA 95-1>/LT 89-39(A)/PUD 89-19(A)
MAREA-AVIARAPLANNIN GAREA 12
NOVEMBER 15,1995
PAGE 4
A# General Plan
The proposed Marea - Aviara Planning Area 12 project is consistent with the
applicable policies and programs of the General Plan. Particularly relevant to the
clustered single family condominium proposal are the Land Use, Circulation, Noise,
Housing, Open Space and Conservation and Public Safety Elements. Table 1 below
indicates how the project complies with these particular elements of the General
Plan.
ELEMENT
Land Use
;
Clirculation
3pen Space
ind Conser-
ration
Voise
TABLE 1 - GENERAL PLAN COMPLIANCE
USE CLASSIFICATION/GOAL,
OBJECTIVE OR PROGRAM
Site is designated for residential
development at a density of 4.0 to 6.0
dwelling units per acre.
Require new residential development to
provide pedestrian and bicycle linkages,
where feasible, which connect with
nearby community centers, parks,
schools, points of interest, major
transportation corridors and the
proposed Carlsbad Trail System.
Require new development to construct
all roadways needed to serve the
proposed development prior to or
concurrent with needs.
Minimize environmental impacts to
sensitive resources in the City.
Utilize Best Management Practices for
the control of storm water pollutants.
65 dBA CNEL is the maximum noise
level to which residential units subject to
noise from McClellan-Palomar Airport
should be permitted. Additional
disclosure actions may be required of
sellers of noise impacted units.
PROPOSED USES AND
IMPROVEMENTS
Project is clustered single
family development at a density
of 5.5 dwelling units per acre.
Streets within development
contain sidewalks which link up
with the Aviara sidewalk and
trail system, linking the
community site, Zone 19 park,
Aviara Oaks school, and the
Four Seasons Aviara Resort.
Project is conditioned to
complete all street
improvements prior to
occupancy of any unit.
Project maintains approved
amount of native habitat, and
erosion control during remedial grading reduces sedimentation
of lagoon.
Project will comply with all
NPDEZS requirements.
Project is conditioned to post
aircraft noise notification signs
in all sales offices associated
with the new development.
COMPLIANCE
Yes
Yes
Yes
Yes
Yes
Yes
-1
MP 177(L)/LCPA 95-l& 1 89-39(A)/PUD 8949(A)
MAREA-AVIARAP LANNINGAREA12
NOVEMBER 15, 1995
PAGE 5
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TABLE 1 - GENERAL PLAN COMPLIANCE
ELEMENT USE CLASSIF’ICATION/GOAL, PROPOSED USES AND COMPLIANCE
OBJECTIVE OR PROGRAM IMPROVEMENTS
Housing Ensure that all master planned and Project provides low to medium
specific planned communities and all market rate units within Aviara
qualified subdivisions provide a range of while the master plan developer
housing for all economic income ranges. has constructed sufficient low Yes income units in the Villa Loma
development to cover Planning
Area 12’s affordable housing
requirement.
Public Safety Design all structures to seismic design All buildings will meet UBC
standards of the UBC and State building and State seismic requirements. Yes
requirements.
Provision of emergency water systems
and all-weather access roads.
All necessary water mains, fire
hydrants and appurtenances
must be installed prior to
occupancy of any unit and all-
weather access roads will be maintained throughout construction. .
Yes
B. Mello I segment of the Local Coastal Program
The Marea - Aviara Planning Area 12 site is located within the Mello I segment of
the LCP, therefore the project is subject to the Land Use Plan and Implementing
Ordinance for the Mello I segment. The implementing ordinance for those portions
of the Mello I segment within Aviara is the Aviara Master Plan. This section
addresses only conformance with the Land Use Plan, since implementing ordinance
conformance is addressed in section C below. The policies of the Mello I Land Use
Plan that apply to the proposed project are land use, environmentally sensitive
habitat preservation, and grading and erosion control.
The land uses allowed through the LCP segments are the same as those allowed by
the Aviara Master Plan, therefore the proposed amendments to the master plan
adjust the LCP to the proposed clustered single family development type. The
proposed density is very similar to that previously approved. All steep slopes with
native vegetation were preserved through the previous tentative tract maps (CI’ 85-35
and CT 89-39) and no encroachments are proposed with this proposed amendment.
The current erosion control standards of the Engineering Department will be
maintained throughout the project site to deter off-site erosion and potential lagoon
sedimentation. Considering the above, the proposed clustered single family
MP 177(L)/LCPA 95-1 J,I’ 89-39(A)/PUD 89-19(A)
MAREA-AVIARAP LANNINGAREA12
NOVEMBER 15, 1995
PAGE 6
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condominium project conforms with the applicable policies of the Mello I Local
Coastal Program segment.
C. Aviara Master Plan (MP 177 and its amendments)
The Aviara Master Plan, originally adopted as the Pacific Rim Country Club and
Resort Master Plan in December 1987, also serves as the implementing ordinance
for the three Local Coastal Program segments that envelope Aviara (Mello I, Mello
II, and East Batiquitos Lagoon). The following discussion therefore addresses both
conformance with the master plan and the LCP implementing ordinance.
The Car&bad Municipal Code allows a master plan to override normal development
standards. These master plan development standards are contained in the
appropriate section addressing planning area development. Some of the master plan
. development standards refer back to the Zoning Ordinance and are therefore
discussed in section E below.
Since the development standards with regard to setbacks and courtyard widths are
proposed to be revised through the master plan amendment, the project is internally
consistent with those revisions. There are standards that are applicable to this
project but are not proposed to change. Table 2 below summarizes the project’s
conformance with those applicable portions of the Aviara Master Plan.
TABLE 2 - AVIARA MASTER PLAN CONFORMANCE
MASTER PLAN REQUIREMENT PROPOSED PLAN
Building height: 35 feet maximum 2 stories maximum
Alga Road setback: 50 feet from R.O.W.
Black Rail Ct. setback: 30 feet from R.O.W.
Planning area setback: 20 feet from boundary
Parking: Two car garage, 20 feet by 20 feet
28 guest parking spaces
All units measure 25 feet or less in
height and have 2 or less stories.
All units are 50 feet or more from the
Alga Road right-of-way.
All units are at least 30 feet from the
Black Rail Court right-of-way.
Aii units are 30 feet or more from the
planning area boundary.
All units have garages with minimum
20 by 20 foot interior dimensions.
Total guest parking provision is 29
spaces plus many units have adequate
driveway length to support guest
parking opportunities.
Yes
Yes
Yes
Yes
Yes
Yes
MP 177(L)/LCPA 95-J-- 89-39(A)lPUD 8949(A) - -
MAREA - AVIARA Pw~G AREA 12
NOVEMBER 15, 1995
PAGE 7
Fire suppression zones All fire suppression zones provided
conform to guidelines.
HOA maintained slopes Northwest graded slopes near 7th
hole, slopes near Alga Road and
southern native open space all
maintained by Marea or Aviara
Master Homeowner’s Association.
D. Planned Community Zone Ordinance (Chapter 21.38 of the Zoning Ordinance)
The underlying zoning of the proposed Four Seasons Aviara Resort project is P-C,
Planned Community. In accordance with that designation, the Aviara Master Plan
was created to implement the zoning. Chapter 21.38 of the Zoning Ordinance details
the manner in which a master plan is amended. The required submittal items
include a description of land uses, facility and fiscal impact evaluations, development
standards and open space requirements, and phasing schedules. These documents I have been evaluated by staff and have contributed to the approval recommendation.
Certain findings must be made prior to approving a master plan amendment. These
findings, contained in Planning Co mmission Resolution No. 3840, dated November
15,1995, deal mostly with the compatibility of land uses and the adequacy of public
facilities. The Aviara Master Plan has been designed to provide open space and
street buffering between residential and non-residential uses, thereby ensuring land
use compatibility. As required by the Zone 19 Local Facilities Management Plan,
all public facilities necessary to serve the residential development are already in place
or will be in place prior to occupancy.
Since the proposed master plan amendment still allows the necessary findings to be
made, the proposal is consistent with the Planned Community Zone Ordinance.
E. Planned Development Ordinance (Chapter 21.45 of the Zoning Ordinance)
Even though the Marea - Aviara Planning Area 12 is subject to the Aviara Master
Plan, some of the master plan development standards and design guidelines refer
back to the Zoning Ordinance. Pursuant to that reference, the clustered single
family condominium proposal is subject to the Planned Development requirements
‘_ regarding recreation facilities, private streets, recreational vehicle storage and storage
space. Table 3 below details the project’s conformance with those requirements.
‘MP 177(L)lLCPA 95-1 :L:’ 89-39(A)/PUD 89-19(A)
MAREA-AVIARAP LANNINGAREA12
NOVEMBER 15, 1995
PAGE 8
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TABLE 3 - PLANNED DEVELOPMENT ORDINANCE CONFORMANCE
MASTER PLAN REQUIREMENT
Recreation area: 200 square feet per unit
Private street: 32 feet wide, parking one side
RV storage: 20 square feet per unit
Storage space: 480 cubic feet per unit
PROPOSED PLAN
AU but 11 units have 15’xlS yards
(225 sq ft each), all other rear yards
measure over 250 sq ft each and total
common recreation area is 13304
square feet (133 sq ft/unit).
Main spine street measures 32 feet
wide, parking on one side and
sidewalks on both sides.
All planning areas covered by Aviara
master plan recreational storage area.
All homes contain at least 480 cubic
feet on internal storage.
CONFORMANCE
Yes
Yes
Yes
Yes
F. Growth Management Ordinance (Chapter 2190 of the Zoning Ordinance)
Marea - Aviara Planning Area 12 is a residential project and, therefore, subject to
the provision of all growth management facilities. Table 4 below details the project’s
compliance with the standards of the Growth Management Ordinance.
TABLE 4 - GROWTH MANAGEMENT COMPLIANCE
.
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‘MP 177(L)/LCPA 95-12/c 1’ 89-39(A)/PUD 89-19(A)
MAREA-AVIARAP LANNING AREA 12
NOVEMBER 15,1995
PAGE 9
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1 G. ‘. Zone 19 Locai Faciiities Management Plan
The proposed clustered single family condominium project lies within Local Facilities
Management Zone 19 and is not subject to any special conditions involving facilities.
The project is required to adhere to 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. The project
is therefore consistent with the Local Facilities Management Plan for Zone 19.
H. Subdivision Ordinance (Title 20 of the Municipal Code)
The Carlsbad Municipal Code requires a subdivision map to be filed in accordance
with Title 20 for any subdivision project. Accordingly a tentative tract map revision
is being processed with the clustered single family condominium proposal. CT 89- I, ’ ‘.,:;39(A) would create a total of 21 lots; 10 lots that include 101 single family, air-space.
condominiums, 5 street lots and 6 open space lots. As conditioned the project would
provide all necessary improvements and all of the findings required by Title 20 can
be made and are contained in Planning Co mmission Resolution No. 3842, dated
November 15,1995. The project is therefore consistent with Title 20, the Subdivision
Ordinance.
v. ENVIRONMENTAL REVIEW
The proposed revisions to the master plan, local coastal program and approved tentative
tract map and planned unit development permit for Planning Area 12 were reviewed with
respect to their potential enviromnental impacts, pursuant to the California Environmental
ui e ines, Quuk-2 the State CEQA G d 1 and Title 19 - the Enviromnental Protection
The project site has undergone two previous environmental reviews: the
certified Environmental Impact Report for the Aviara Master Plan (EIR 83-02(A)), and the
Conditional Negative Declaration for Aviara Planning Area 12 development (CT 89-39).
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 1,., . ...7. . . . , / ^I statement of overriding consideration. The project is consistent with the General Plan and
as to these effects, no additional environmental document is required.
. ,- 1
’ MP 177(L)/LCPA 95-12//t r? 89-39(A)/PUD 89-19(A)
MAREA-AVIARAPLANNIN GAREA12
NOVEMBER 15, 1995
PAGE 10
-?
d _. Consideringthe,, adequacy of the previous environmental review on the site, the project
qualifies as a subsequent development as identified in Section 21883.3 of the California
Environmental Quality Act. Therefore, the Planning Director issued a Notice of Prior
Environmental Compliance on March 23, 1995, a copy of which is attached to this report
and on file with the Planning Department.
1. Planning Commission Resolution No. 3848
2. Planning Commission Resolution No. 3841
3. Planning Commission Resolution No. 3842
4. Planning Commission Resolution No. 3843
5. Location Map
6. Notice of Prior Environmental Compliance, dated March 23, 1995
7. ‘e Environmental Impact Assessment Form, Part II, dated .February 23, 1995
8. Background Data Sheet
9. Local Facilities Impact Assessment
10. Disclosure Statement.
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: ‘cl’ BREZZA - AVIARA P LANNINGAREA 12
Project Location: A pregraded pad on the south side of Alga Road, between Black Rail
Court and Blue Heron Way in Phase I of the Aviara Master Plan.
Project Description: Tentative tract map, planned unit development permit, and
master plan amendment to allow the development of a 107 unit,
single family clustered development within an existing vacant
residential pad in Aviara Planning Area 12.
Justification for this determination is on file in the Planning Department, Community
Development, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the
public are invited. Please submit comments in writing to the Planning Department within
twenty (20) days of date of publication.
DATED:
CASE NO:
MARCH 23, 1995
CT 89-39(A)/PUD 8949(A)
MICHAEL J. HOLMILLER
Planning Director
APPLICANT: ‘d’ BREZZA - AVIARA P IANNINGAREA12
PUBLISH DATE: MARCH 23, 1995
2075 Las Palmas Drive - Carlsbad, California 92009-l 576 - (619) 438-l 161
by
.-_. --
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO. SDP 83-11@KUP 94-09
DATE: Februarv 23. 1995
BACKGROUND
1. CASE NAME: ‘d’ Brezza - Aviara Planning Area 12
2. APPLICANT: Chance Develonment Corn.
3. ADDRESS & PHONE NUMBER OF APPLICANT: 209 Avenida De1 Mar. Suite 204. San Clemente. CA 92672
4. DATE EIA FORM PART I SUBMITTED: Januarv 24. 1995
5. PROJECT DESCRIPTION: Tentative tract man. &umed unit development nermit. and master plan
amendment to allow the develoument of a 107 unit. single family clustered develonment within an existing
vacant residential nad in Aviara Planning Area 12.
SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The summary of environmental factors checked below would be potentially af%cted 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 - Transportation/Circulation - Public Services
- Population and Housing - Biological Resources - Utilities and Service Systems
- Geological Problems - Energy and Mineral Resources - Aesthetics
- Water - Hazards - Cultural Resources
- Air Quality - Noise - Recreation
- Mandatory Findings of Significance
I- 1 Rev. l/30/95
--
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 find that although the proposed project could have a significant effect on the environment,
there will not be a significant effect in this case because the mitigation measures described on an
attached sheet have been added to the project. A 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.
cl
IJ
I find that the proposed project MAY have significant effect(s) on the environment, but at least one 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, if the
effect is a “potentially significant impact” or “potentially significant unless mitigated.” An
ENVIRONMENTAL IMPACT REPORT/MITIGATE NEGATIVE DECLARATION is required, but it must
aualyze only the effects that remain to be addressed. cl
I find that although the proposed project could have a significant effect on the environment, there WILL
NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed
adequately in an earlier EIR / MITIGATED NEGATIVE DECLARATION pursuant to applicable standards
and (b) have been avoided or mitigated pursuan t to that earlier EIR / MITIGATED NEGATIVE
DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project.
Therefore, a Notice of Prior Compliance has been prepared. z
Planner Signature Date
Date
I-2 Rev. l/30/95
--
ENVIRONMENTAL IMPACIS
S?ATE 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 Significant 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 “EL&Part II”, if a proposed project could have a potentially significant effect on the
environment, but @J 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, then no additional environmental document is required (Prior
Compliance).
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.
If there are one or more potentially significant effects, the City may avoid preparing an EIR 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.
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.
I-3 Rev. l/30/95
--
. - 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 p ursuant 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.
I-4 Rev. l/30/95
potentially Signifii l.mes (and Sqpxting lafamaticn Sources):
I. LAND USE AND PLANNING. Would the proposal:
4
W
4
4
d
Conflict with general plan designation
or zoning? (Source N(s): #l, pg 8)
Conflict with applicable environmental plans
or policies adopted by agencies with jurisdiction
over the project? (#l, pg 8)
Be incompatible with existing land use in the
vicinity? (#l, pg 8)
Affect agricultural resources or operations
(e.g. impacts to soils or farmlands, or impacts
from incompatible land uses)? (#l, pg 7)
Disrupt or divide the physical arrangement
of an established community (including a low-
income or minority community)? (#l, pg 8)
II. POPULATION AND HOUSING. Would the proposal:
a) Cumulatively exceed official regional or local
population projections? (#l, pg 8)
b) Induce substantial growth in an area either
directly or indirectly (e.g. through projects
in an undeveloped area or extension of major
infrastructure)? (#l, pg 8)
c) Displace existing housing, especially affordable
housing? (#l, pg 8)
POtt?IUially Significant
UllltTSS Mitigation Incorporated
LessThan Significant Impact No
w=t
x
x
x
x
x
x
x
I-5 Rev. l/30/95
-- --
issues (and suppathg lnfamatial -):
III. GEOLOGIC PROBLEMS. Would the
4
b)
4
4
4
f)
g)
h)
i)
proposal result in or expose people to potential
impacts involving:
Fault rupture? (#l, pg 6)
Seismic ground shaking? (#l, pg 6)
Seismic ground failure, including
liquefaction? (#l, pg 6)
Seiche, tsunami, or volcanic hazard? (#l, pg 6)
Landslides or mudflows? (#l, pg 6)
Erosion, changes in topography or
unstable soil conditions from excavation,
grading, or fill? (#l, pg 6)
Subsidence of the land? (#l, pg 6)
Expansive soils? (#l, pg 6)
Unique geologic or physical features? (#l, pg 6)
IV. WATER. Would the proposal result in:
a) Changes in absorption rates, drainage patterns,
or the rate and amount of surface runoff? (#l, pg 7)
b) Exposure of people or property to water related
hazards such as flooding? (#l, pgs 6 & 7)
Potentially Significant impact
Potentially Significant
UIlkSS hlitigation
Incqmated
LesThan Significant No
h=t Impact
x
x
x
x
x
x
x
x
x
x
x
I-6 Rev. l/30/95
70
--
Issues (ad Supporting hfofmatim Somes):
4 Discharge into surface waters or other
alteration of mface water quality (e.g.
temperature, dissolved oxygen or turbidity)? (#l, pg 7)
4 Changes in the amount of surface water
in any water body? (#l, pg 7)
d Changes in currents, or the course or direction
of water movements? (#l, pg 7)
0 Change in the quantity 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? (#l, pg 7)
g) Altered direction or rate of flow of
groundwater? (#l, pg 7)
h) Impacts to groundwater quality? (#l, pg 7)
0 Substantial reduction in the amount of
groundwater otherwise available for
public water supplies? (#l, pg 7)
V. AIR QUALITY. Would the proposal:
PWltidly Significant impact
Potentially Significant Ul.llC!SS Mitigation Incurpcrated
LesThall Significant No impact watt
a) Violate any air quality standard or contribute to
an existing or projected air quality violation? (#l, pg
6)
b) Expose sensitive receptors to pdlutants? (#l, pg 6) -
c) Alter air movement, moisture, or temperature,
or cause any change in climate? (#l, pg 6)
d) Create objectionable odors? (#l, pg 6)
x
x
x
x
x
x
x
x
x
x
x
I-7 Rev. l/30/95
-7i
- -
issues (and Suppating information Sources):
VI. TRANSPORTATION/CIRCULATION.
Would the proposal result in:
4
W
4
d)
d
fl
ii?)
Increased vehicle trips or tmfflc congestion? (#l, pg
8)
Hazards to safety from design features
(e.g. sharp curves or dangerous intersections)
or incompatible uses (e.g. farm equipment)? (#l, pgs
8 & 9)
Inadequate emergency access or access to
nearby uses? (#l, pgs 8 & 9)
Insufficient parking capacity on-site or
off-site? (#l, pg 8)
Hazards or barriers for pedestrians or
bicyclists? (#l, pg 8)
Conflicts with adopted policies supporting
alternative transportation (e.g. bus turnouts,
bicycle racks)? (#l, pgs 8 & 9)
Rail, waterborne or air traffic
impacts? (#l, pg 9)
VII. BIOLOGICAL RESOURCES.
Would the proposal result in impacts to:
a) EMangered, threatened or rare species or their
habitats (including but not limited to plants, fish,
insects, animals, and birds? (#l, pg 7)
b) Locally designated species (e.g. heritage
trees)? (#l, pg 7)
Potentially Significant
tipact
POkIltidly Significant
U&SS Mitigation
Inccqxxated
LessThan Significant No
Impact u=t
x
x
x
x
x
x
x
x
x
I-8 Rev. l/30/95
72
Issues (and Supporting hfamatim Scmxs):
c) Locally designated natural communities
(e.g. oak forest, coastal habitat, etc.)? (#l, pg 7)
d) Wetland habitat (e.g. marsh, riparian and
vernal pool)? (#l, pg 7)
e) Wildlife dispersal or migration
corridors? (#l, pg 7)
VIII. ENERGY AND MINERAL RESOURCES.
Would the proposal:
a) Conflict with adopted energy conservation
Plans? w pg 7)
b) Use non-renewable resources in a wasteful and
inefficient manner? (#l, pg 7)
c) Result in the loss of availability of a known
mineral resource that would be of future value
to the region and the residents of the State? (#l, pg
7)
IX. HAZARDS. Would the proposal involve:
a)
W
cl
4
A risk of accidental explosion or release of
hazardous substances (including, but not limited to:
oil, pesticides, chemicals or radiation? (#l, pg 8)
Possible interference with an eqergency
response plan or emergency evacuation plan? (#l, pg
9)
The creation of any health hazard or
potential health hazard? (#l, pg 8)
Exposure of people to existing sources
of potential health hazards? (#l, pg 8)
Potentially Significant impact
POtt?Iltidly
SigllifiCfUlt UlllSS Mitigation Incaprated
J.kssThan Significant
wf=t
No w=t
x
x
x
x
x
x
x
x
x
x
I-9 Rev. l/30/95
--
ISSW (and Supporting Infamatiai Souroes):
e) Increase fire hazard in areas with flammable
brush, grass, or trees? (#l, pg 8)
X. NOISE. Would the proposal result in:
a) Increases in existing noise levels? (#l, pg 8) x
b) Exposure of people to severe noise
levels? (#l, pg 8)
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) Piie protection? (#l, pg 8)
b) Police protection? (#l, pg 8)
c) Schools? (#l, pg 8)
d) Maintenance of public facilities, including
roads? (#l, pg 8)
e) Other governmental services? (#l, pg 8)
XII. UTILITIES AND SERVICES SYSTEMS. Would the
proposal result in a nee4-l for new systems or
supplies, or substantial alterations to the following
utilities:
a) Power or natural gas? (#l, pg 8)
b) Communications systems? (#l, pg 8)
POWtidy Significant Impact
POklltiaUy Siinificant Uldf!SS Mitigation
Incorporated
L4L?ssTllan Significant No impact m=t
x
x
x
x
x
x
x
x
x
I- 10 Rev. l/30/95
.
Potentially Significant Impct
POtt?Widly
Significant UIllesS Mitigation
hmxporated
LesThan Significant Impact l&t issues (and suppolting lllfcmnatial sourcxs):
c) Local or regional water treatment or
distribution facilities? (#l, pg 8) x
d) Sewer or septic tanks? (#l, pg 8) x
x e) Storm water drainage? (#l, pg 8)
f) Solid waste disposal? (#l, pg 8) x
g) Local or regional water supplies? (#l, pg 8) x
XIII. AESTHETICS. Would the proposal:
a) Affect a scenic vista or scenic
highway? (#l, pg 9) x
b) Have a demonstrable negative aesthetic
effect? (#l, pg 9) x
x c) Create light or glare? (#l, pg 8)
XIV. CULTURAL RESOURCES. Would the proposal:
a) Disturb paleontological resources? (#l, pg 7) x
x
x
b) Disturb archaeological resources? (#I, pg 7)
c) Affect historical resources? (#l, pg 7)
d) Have the potential to cause a physical change
which would affect unique ethnic cultural
values? (#l, pg 7) x
x
e) Restrict existing religious or sacred uses
within the potential impact area? (#l, pg 7)
I- 11 Rev. l/30/95
l
issues (and Supporting hformatiat Sauces):
XV. RECREATION. Would the proposal:
POWtidy SiiIlifiClUlt lmpact
POWltidl~
significant
UdesS Mitigation hmrporatd
L.esThnll Significant No
m=t b=t
a) Increase the demand for neighborhood or
regional parks or other recreational facilities? (#l, pg
9)
b) Affect existing recreational opportunities? (#l, pg 9) -
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 fish or wild life species, cause a
fish or wildlife population to drop below
self-sustaining levels, threaten to eliminate a
plant or animal community, reduce the number or
restrict the range of a rare or 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?
x
x
x
x
‘X
I- 12 Rev. l/30/95
--
2MI. EARLIER ANALYSES.
Reference #l -
Earlier analyses has been conducted on the project site and involved the potential impacts of this proposal.
The analysis can be found in the Negative Declaration for Aviara Planning Area 12 (CT 89-39/PUD 89-
19), dated July 5, 1990 and on file in the City of Carlsbad Planning Department. The potential impacts
addressed in this earlier analysis included land use and planning, population and housing, geological problems, water, air quality, transportation/circulation, biological resources, energy and mineral resources,
hazards, noise, public services, utilities and service systems, aesthetics, cultural resources, recreation, and
mandatory fmdings of significance. Mitigation measures for noise impacts from Alga Road in the form of
noise walls and internal mechanical ventilation were needed and incorporated into the Negative
Declaration. These mitigation measures have already been incorporated into the proposed project and,
therefore, no additional mitigation measures are needed.
I- 13 Rev. l/30/95
77
DISCUSSION OF ENVIRONMENTAL EVALUATION
I- 14 Rev. l/30/95
LZIST MITIGATING MEASURES (IF APPLICABLE)
ATTACH MITIGATION MONITORING PROGRAM IIF APPLICABLE)
I- 15 Rev. l/30/95
7q
_- -
APPLICANT CONCURRENCE WITH MITIGATION MEASURES
.
THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES
AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT.
bate @nature
I- 16
. - -- BACKGROUND DATA SHEET - --
_ CASE NO: MP 177(L)/LCPA 95-13/C-I’ 89-39(A)/PUD 89-19(A)
I CASE NAME: Marea - Aviara Planning Area 12
APPLICANT: Chance Develonment
REQUEST AND LOCATION: Development of a 101 unit clustered, single family condominium air-space
subdivision within Aviara Plannine Area 12, located on the south side of Alga Road. between Black Rail Court
and Blue Heron Way. in Local Facilities Management Zone 19.
LEGAL DESCRIPTION: Lot 230 of Carlsbad Tract 83-35. Aviara Phase I Unit “D”, , in the City of Carlsbad,
County of San Diego. State of California. according to Man No. 12412. filed in the Office of the Countv
Recorder June 29, 1989.
APN: 215-612-10
(Assessor’s Parcel Number)
Acres 18 2 L Proposed No. of Lots/Units 21 lots. 101 units
GENERAL PLAN AND ZONING
Land Use Designation Residential - Medium Density (RM)
Density Allowed 4.0 - 8.0 dulac Density Proposed 5.5 du/ac
Existing Zone P-C Proposed Zone N/A
Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning Requirements)
zoning Land Use
Site P-C Vacant residential pad
North P-C Information and Sales center
South P-C Open Space and Golf Course
East P-C Destination Resort Hotel
West P-C Open Space and Golf Course
PUBLIC FACILITIES
School District Carlsbad Water District Carlsbad Sewer District Carlsbad
Equivalent Dwelling Units (Sewer Capacity) 101
Public Facilities Fee Agreement, dated October 18. 1994
ENVIRONMENTAL IMPACT ASSESSMENT
Negative Declaration, issued
Certified Environmental Impact Report, dated
X Other, Notice of Prior Environmental Comnliance
. -- -*-- 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: MP 177(L)/LCPA 95-13/(X 89-39(A)lPUD 89-19(A) - Marea - Aviara
Planning Area 12
LOCAL FACILITY MANAGEMENT ZONE: 19 GENERAL PLAN: RM
ZONING: P-C
DEVELOPERS NAME: Chance Develonment Corn.
ADDRESS: 27611 La Paz Road, Laguna Niguel. CA 92607
PHONE NO.: (714) 643-7553 ASSESSOR’S PARCEL NO.: 215-612-10
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 18.2
ESTIMATED COMPLETION DATE: December. 1996
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
City Administrative Facilities: Demand in Square Footage = 351.1 sa. ft.
Library: Demand in Square Footage = 187.3 sa. ft.
Wastewater Treatment Capacity (Calculate with J. Sewer) 101 EDU
Park: Demand in Acreage = 0.7 acre
Drainage: Demand in CFS = N/A
Identify Drainage Basin = N/A
(Identify master plan facilities on site plan)
Circulation: Demand in ADTs = 1,010 ADT
(Identify Trip Distribution on site plan)
Fire: Served by Fire Station No. = 2&4
Gpen Space: Acreage Provided - 4.54 acres
Schools: N/A
(Demands to be determined by staff)
Sewer: Demand in EDUs - 101 EDU
Identify Sub Basin - N/A
Water: Demand in GPD - 22.220 GPD
The project is 216 units below the Growth Management Dwelling unit allowance. MG:kr
22
DISCLOSCRE STATEMENT
A?PLICANTS STATEVENT =F %cLzSURE of CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATiONS ‘WpICh HILL z~Cb,a~
XCRETIONAAY ACTICN CN :hE PARl OF THE Cm CCt.iNCIL OR ANY APPOINTED BOARO. CCMMISSICN CR CCF.,+M~EE.
, I
,,Please Pmr)
The followmg information must be disclosed:
1.
2.
3.
4.
Amlicant
List the names and addresses of all persons
Kevin Lee
1465 State Highway 31
Annandale, New Jersey 08801
having a financial interest in the application,
David G. Gutierrez
209 Avenida Del Mar
Suite 204
San Clemente, Ca. 92672
Owner
List the names and addresses of all persons having any ownership interest in the property involved.
Kevin Lee Aviara Land Associates Limited
1465 State Hiqhway 31 Partnership
Annandale, New Jersey 08801 2011 Palomar Airport Road David G. Gutierrez Suite 206 209 Avenida Del Mar, Suite 204 Carlsbad, Ca. 92009
San Llemente, L-12
If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and
addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnershIp
interest in the partnership.
If any person identHled pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and
addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary
of the trust.
FRMooo13 8/90
2075 Las Palmas Orive l Carlsbad. California 92009-4859 - (619) 436-l 161 83
. .- - -- ,
.
c
Disclosure Statement
5.
{Over)
Page 2
Have you had more than $250 worth of business transacted with any member of City staff, Bcarz;
Ccmmlsslcns, Commlttees and Council within the past twelve months?
Yes - No 2 If yes, please indicate person(s)
Demon IS dofined u: ‘Any indwadual. firm. coputnorrk~p. joml vofltur0. ruociaOon. SOCIJ club. frrrrrnal organuation. corpor~on. l stafo. hst. I
WCIIVII. syndicate. ttw and any othaf couny. cry and couny. cfty munlCtp4lRy. dmtnd or olhor poltt~cJ subdwirlon. or my other ;rob~ or I
combmatlon 4crmg 4a 4 unR’ ,
I
(NOTE: Attach additional pages as necessary.) J ILL.-- T&,-L,
’ SignaWe of applicantfdat6 ’
Aviara Land Associates Limited Partnership Chance Development Corporation - East
Print or type name of owner Print or type name of applicant Highlands
..-
FRMooo13 w90
PLANNING COMMISSION November 15,1995
.- - EXtBlT6 BRAFB
PAGE 14
7) MP 177(L)/LCPA 95-13KT 89-39(A)/PUD 89-19(A) - MAREA - AVIARA PLANNING AREA 12 -
Request for a Master Plan Amendment and Local Coastal Program Amendment to revise the
permitted uses and development standards for Planning Area 12 and a Tentative Tract Map
Amendment and Planned Unit Development Permit Amendment to allow 101 clustered single family
detached condominiums on 21 lots, within Aviara Planning Area 12, in 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. Scott Redson, 201 So. Lake Ave.,
Pasadena, representing Chance Development, stated that he would like to continue 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.
Michael Grim, Assistant Planner, reviewed the background of the request and stated that this development
is very similar in nature to the previous development. The project would revise the currently approved
108 unit multi-family residential development to a 101 unit, clustered single family condominium
development. The site has already been graded and would take access off Blackrail Court. The original
project was to be tri-plex housing with two units above and one unit and garages below. Those units were
slightly larger than what is now proposed. The proposed units would be under condominium ownership
and would have exclusive use areas surrounding the homes. The master plan development standards
would be revised to reflect the new’clustered single family condominium product, however there would be
no reduction in public facilities, planning area setback, parking, sidewalks, landscaping, or recreation
areas. Mr. Grim reviewed the circulation and layout using wall diagrams.
Chairperson Welshons would like clarification of the notation that all but 11 units have 15’ x 15’ yards. Mr.
Grim replied that not all units are not required to meet a minimum dimension of 15’ x 15’ but overall the
rear yard should be 225 s.f. or more. Some yards are irregular in shape which why this notation was
made.
Commissioner Compas inquired what the wall with a view fence will look like. Mr. Grim replied that at the worst case, there will be a 5’ solid banter with a 3’ grill on top. It will be painted to match the existing
master plan walls so it will be harmonious.
MINUTES
PLANNING COMMISSION November 15, 1995 PAGE 15
Commissioner Monroy inquired if the garage space is included in the unit size. Mr. Grim replied no.
Commissioner Erwin inquired if the proposed project conforms to all PUD standards. Mr. Grim replied no.
The amended Aviara Master Plan would contain specific standards.
Commissioner Erwin inquired if the Aviara Master Plan is being amended. Mr. Grim replied that it needs
to be amended in order to reflect the cluster concept.
Chairperson Welshons inquired about the master plan references to height. Some language states 30’ and
other language mentions 35’. She would like to see it consistent. Mr. Grim replied that this would be
acceptable to staff.
Chairperson Welshons inquired about the rear yard landscape; she assumes that the gazebo’s are not
included with each unit. Mr. Grim deferred response to the applicant.
Chairperson Welshons invited the applicant to speak.
Scott Redson, 201 So. Lake Ave., Pasadena, representing Chance Development, stated that many good
points were brought up on the last project. He stated that this type of housing product is considered to be
transitional housing. It fills a niche of first time homeowners until they are ready to step up to a larger
home. He stated that the rear yard landscape is the responsibility of the homeowner. It can be landscaped
or grass but must comply with guidelines provided by the homeowner’s association. Mr. Redson thinks this
is a good project and hopes it will be approved.
Chairperson Welshons inquired if the home on Lot #81 could be reversed so that the pool would be on the
garage side. Mr. Redson replied that this change would eliminate the rear yard so it could not be done.
Interestingly, many customers will pay a premium to be located next to a pool.
Commissioner Noble inquired what is the most critical--deck space or pool space. Mr. Redson replied that
older ages prefer a larger pool; younger people prefer more deck space.
Chairperson Welshons opened the public testimony and issued the invitation to speak.
Kenneth Bertossi, 1235 Countrywood Lane, Vista, addressed the Commission and stated that he owns the
lot at 7094 Aviara Drive. He is very impressed with the new design but has concerns about the retaining
wall which is located at the rear lot line of Units 70, 73, 74, 75, and 76. He feels the wall will appear quite
massive without proper landscape and would like to suggest that the wall be lowered to 3.5 ft. rather than
5 ft. His written remarks are included in a letter to the Planning Department dated November 8, 1995.
This letter is on file in the Planning Department.
Kathleen Wellman, 4212 Isle Drive, Carlsbad, addressed the Commission and stated that she owns the lot’
at 7144 Aviara Drive. She was concerned that the notice for this hearing did not identify Aviara Drive and
she fears that some persons may not have come tonight for that reason. She had to contact staff to
determine whether or not this project was near her property. Ms. Wellman is also concerned about the
retaining wall because she feels it will be a target for graffiti. It appears to her that the land has been raised
under the area of the wall. Finally, she would like to see consistent fencing throughout the project because
it will look much better.
The applicant was given an opportunity for rebuttal.
Mr. Redson returned to the podium and stated that the grading will create a need for landscaping to satisfy
Mr. Bertossi’s request. He could accept a condition for landscaping. Mr. Redson stated that the retaining
MINUTES
_-
PLANNING COMMISSION November 15,1995 PAGE 16
wall is needed to level out two low spots, If the entire wall were to be lowered, it would require taking
25,000 additional yards of export. In response to Ms. Wellman’s comment about consistency, Mr. Redson
stated that the entire project will be wood-fenced because it will blend better to the surroundings. Within a
year, the fence will be completely hidden by landscaping.
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.
Mr. Grim stated that a new Condition #16 could be added to Resolution #3842 as follows: “The retaining
wall along the western project boundary shall be screened by landscaping by the guest builder to the
satisfaction of the Planning Director prior to occupancy of any units adjacent to the wall. Landscaping will
be maintained by the master homeowner’s association.
Commissioner Erwin stated that he has the same concerns as the previous project and will vote against it.
Commissioners Savary, Monroy, Noble, and Compas can support the staff recommendation
Chairperson Welshons stated that she was on the borderline until Mr. Redson explained their marketing
concept.
Gary Wayne suggested that a sentence about landscaping be added to the end of Condition #15 so that
the resolution wouldn’t require renumbering.
ACTION: Motion was made by Chairperson Welshons, and duly seconded, to adopt Planning
Commission Resolution Nos. 3840, 3841,3842, and 3843 recommending approval of
MP 177(L), LCPA 95-13, CT 89-39(A) and PUD 89-l 9(a), based on the findings and
subject to the conditions contained therein, with a correct to the master plan height from
35’ to 30’ and the addition of a sentence to Condition #15 regarding landscaping. 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.
January 22, 1996
Chance Development Corp. 27611 La Paz Road Laguna Niguel, CA 92607
Re: Marea - Aviara Planning Area 12
The Carlsbad City Council, at its meeting of January 16, 1996, adopted Resolution No. 96-20, approving the Master Plan Amendment, Local Coastal Program Amendment, Tentative Tract Map Revision and
Planned Unit Development Permit for the Marea - Aviara Planning Area 12 clustered single family condominium development.
As a courtesy, enclosed is a copy of Resolution No. 96-20 for your records.
a&kd.eLi. /Q4izuy ALETHA L. RAUTENKRANZ, CMC City Clerk
ALR:ijp
Enclosure
1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (619) 434-2808
PROOF OF PUBLIG. .FION
* (2010 4% 2011 C.C.P.)
- STATE OF 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,
Solana 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
supplement thereof on the following dates, to-wit:
January 5, 1996
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at California, this
Jan. 1996
5th day ’
of v+&f51L%ig ---- --- ; ._
This space is .Jr the County Clerk’s Filing Stamp
Proof of Publication of
Notice of ptiblic hearing --------------------------
--------------------------
~IsHEREBYGIVENthat~CityCpundloftheCityofCarlsbadwillholdaplblic he&q at &e Gty Council Chambers, 1200 Cadsbad Village Drive, Car&d, C- at &?CI pa, p Today, January 16,1996, to consider an application tbr a Master Plan ,tme&mt andlocal Coastal Pqpn Amendment to hse the pertnitte(uses and &&~pment standards for Planning Area 12, and a Tentative Tract $p Amendment and Plannd Utit l&velopment Permit Amendmeiit to allow 101 C~WMI single family detached condominiums on 21 lots on property generally locatecl within Aviara Plan@ Acea l2, in Local Facilities h4anagemeti~zOne 19, and more parti&@ dehbzd as: _
Latz1o~~adTract85-35,AviKdphase1,UnltD~~~~~ofcarlsbad,,~ of San Diego, State of California, aqdiig to Map No. I24l@kd in the O&t of the San Diego County Recorder, oh June 29,.t%!I -. i .. .,‘ I’
Deprtmnt at (61p 433@!, extension 4499. : ,? I, ‘. : * ,/ . .: :‘*$ ;“z , I. : x :!,,A
Amendmt in court, you,may be limited to .raisingonlytbosei.swmkdbyyouor someone&~thepub)iche@gd~~ .hthiS@iC=?.OIhiVlitknconespond~ : delivered to tk city of cdhd City agh 1 office at, or urior to, the o&c hearing.
~chancoDewbpmntcq. 1 CITYOFCM~CITYCOUNCIL.. ; lqalWJI?NuARy’5,l996
NORTH COUNTY TIMES
Legal Advertising
-
NOTICE OF PUBLIC HEARING
MAREA - AVIARA PLANNING AREA 12
MP-177(L)/LCPA 95913/CT 89-39(A)/PUD 89=19(A)
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m., on Tuesday, January 16, 1996, to consider an application for a Master Plan Amendment and Local Coastal Program Amendment to revise the permitted uses and development standards for Planning Area 12, and a Tentative Tract Map Amendment and Planned Unit Development Permit Amendment to allow 101 clustered single family detached condominiums on 21 lots on property generally located within Aviara Planning Area 12, in Local Facilities Management Zone 19, and more particularly described as:
Lot 230 of Carlsbad Tract 85-35, Aviara Phase 1, Unit D, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 12412, filed in the Office of the San Diego County Recorder, on June 29, 1989.
If you have any questions regarding this matter, please call Mike Grim in the Planning Department at (619) 438-1161, extension 4499.
If you challenge the Master Plan Amendment, Local Coastal Program Amendment, Tentative Tract Map Amendment and/or Planned Unit Development Permit Amendment in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk's Office
at, or prior to, the public hearing.
APPLICANT: Chance Development Corp. PUBLISH: January 5, 1996
CITY OF CARLSBAD CITY COUNCIL
grrrrwrel:
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MAREA - AVIARA I=? A. 12
MP 177(L)/LCPA 95-l 3/CT 89-39(A)/ PUD 8949(A)
-
MICHAEL & NEILLA ROBBINS
60 ALAMEDA PADRE SERRA
SANTA BARBARA CA 93 103
THE DUNCAN FAMILY
14750 CAMINITO MARACAIBO
DEL MAR CA 92014
WERNER F & IVY ASTL
6892 PEACH TREE RD
CARLSBAD CA 92009
AVIARA POINT ASSN
225 1 SAN DIEGO AVE A250
SAN DIEGO CA 92 1 IO
AVT?iR.+AND ASSOCIATES LTD
450 NEWPORT CENTER DR 304
NEWPORT BEACH CA 92660
AVIARA RESORT ASSOCIATES LTD
6986 EL CAMINO REAL B336
CARLSBAD CA 92009
AVIARA MASTER ASSOCIATION
201 I PALOMAR AIRPORT RD 206
CARLSBAD CA 92009
AViiRA LAND ASSOCIATES LTD
450 NEWPORT-CENTER DR 304
NEWPORT BEACH CA 92660
AVIARA MASTER ASSOCIATION
225 I SAN DIEGO AVE A250
SAN DIEGO CA 92 I 10
JAMES 1: & DENISE QUIGLEY
7074 RQCKRQSI: TER
CARI,Sl3AD CA 92009
Cl IET FRANCISCO
6905 THRIJSI I 1’1,
CARLSBAD CA 92009
KENNETIH C & MARY COKELEY
6909 ‘1‘1 lRUSH PI,
CARLSBAD CA 92009
1~0131’,1~‘1‘ A c’k MARY MCCORMICK
6913 ‘1‘1 IRLJSI I 1’1,
CARI,SHAl) CA 92OOY
THE SlGl,l:R I:AMII,Y
6917 ‘I‘1 IRUSI I PI,
CAI~I,SBAI) CA 92009
SHELDON & JOAN I IORIN(;
65 CQRNI~I.I, DR
I,IViN(iS’I‘ON NJ 07039
_ AKIRA & TOSHIKO MUROYA
PO BOX 9000-25 1
_ CARLSBAD CA 92008
c5, 0
LINDA SUGINO-SHIMOKAJI AVIARA LAND ASSOCIATES LTD
I MAHOGANY RUN 450 NEWPORT CENTER DR 304
COT0 DE CAZA CA 92679 NEWPORT BEACH CA 92660
KENNETH & MARIE BERTOSSI
I235 COUNTRYWOOD LN
VISTA CA 92083
SCOTT & ELEANOR GUENDERT DAVID J & KATHLEEN RYAN
4966 MARIN DR 5701 LUNADA LN
OCEANSIDE CA 92056 LONG BEACH CA 908 14
THE ST CHARLES FAMILY
I2141 SAINT ANDREWS
RANCH0 MIRAGE CA 92270
KEVIN M & DONNA ELLIS
2033 CORTE MADEIRA
ALPINE CA 91901
JAMES P & JOAN I’TrINGER
7216 SPOONl~ll I I N >, ,
CARLSl3AD CA 92009
cc--- AVIARA LAND ASS0 IATES LTD
JAMES H & KATHLEEN WELLMAN
4213 ISLE DR
CARLSBAD CA 92008
HERBERT I & EILEEN COHEN
I2629 TATUM BLVD I20
PHOENIX AZ 85032
‘TIIOMAS G WILLIAMS
29830 DISNEY LN
VISTA CA 920X4
LINDA T PHAM
6545 I’ASI’O FRONTERA B
CARLSBAD CA 92009
SANDRA PASINI
3742 CAMINITO CIELO DEL MAR
SAN DIEGO CA 92130
&IA/IQ ALHABASH
AVIARA LAND ASSOCIATES LTD
AVIARA+/)ND ASSOCIATES I.TD
Y-a-
_ JOANNA B GLASS
6904 TIHRUSH PL
- CARLSBAD CA 92009
BRUCE H & PATRICIA SHEETZ
69 I6 THRUSH PL
CARLSBAD CA 92009
FRANK GRILL0
6928 THRUSH PI,
CARLSBAD CA 92009
EDWARD N & BLANCHE CICOUREL
823 INVERNESS DR
RANCIHO MIRAGE CA 92270
PETER S & HELEN WILKE
I569 CORMORANT DR
CARLSBAD CA 92009
THE OSBORN FAMILY
I.568 CORMORANT DR
CARLSBAD CA 92009
GARRY D COLE
I580 CORMORANT DR
CARLSBAD CA 92009
HORTON D R INC
10179 HUENNEKENS ST 100
SAN DIEGO CA 92121
JOAN M DANZINGER
6904 AVOCET CT
CARl.SBAD CA 92009
MARIO I:, I’I’YROT
1600 CORMORANT DR
CARI.SBAI) CA 92009
CHARLES D MERRITT
6908 THRUSH PI,
CARLSBAD CA 92009
LYDIA MANTHEI
2573 LACONIA AVE
LAS VEGAS NV 89121
REL E & NANCY SCHMITT
1550 CORMORANT DR
CARLSBAD CA 92009
MOIRA SOLOMON
4 10 VILLAGE CENTER DR
ENCINITAS CA 92024
DAVID S SMITH
1560 CORMORANT DR
CARLSBAD CA 92009
RICHARD T & SHEILA SCHMITZ
1572 CORMORANT DR
CARLSBAD CA 92009
LEE A CURTIS
1584 CORMORANT DR
CARLSBAD CA 92009
BETTY L DODGE
69 I 3 AVOCET CT
CARLSBAD CA 92009
CLARIS R & AUDREY HALLIWELL
6908 AVOCET CT
CARLSBAD CA 92009
LORI M LAWRENCE
1604 CORMORANT DR
CARLSBAD CA 92009
TIMOTIHY S MITCHELL
6912 THRUSli PL
CARLSBAD CA 92009
JEAN P & GINETTE ROBINAT
16 PLACE ST DIE
SAN DIEGO CA 92121
IRVING & JOANNE ABESON
17500 MAGNOLIA BLVD
ENCINO CA 91316
RONALD B HEGLI
I565 CORMORANT DR
CARLSBAD CA 92009
MICHAEL P & DONNA VOSS
1564 CORMORANT DR
CARLSBAD CA 92009
CRAIG M & JOLLYNE TANNER
1576 CORMORANT DR
CARLSBAD CA 92009
JOAN M EMMENECKER
6905 AVOCET CT
CARLSBAD CA 92009
ARTHUR F & BONNIE STOLZE
69 I 7 AVOCET CT
CARLSBAD CA 92009
GARY D MARTIN
69 I2 AVOCET CT
CARLSBAD CA 92009
JAMES I I & SI IARON STEIN
75 DEMPSEY DR 5X5
I’ALM I~liSIXT CA 92260
* ALAN WISE
1612 CORMORANT DR
- CARLSBAD CA 92009
MICHAEL KANTROWITZ
69 12 GOLDFINCH PL
CARLSBAD CA 92009
ROSIE M RANDENBERG
3530 SIT10 BAYA
CARLSBAD CA 92009
RICHARD W STINSON
1304 KUHN RD
BOILING SPRINGS PA 17007
MORTON M POZNAK
6033 N SHERIDAN RD 23B
CHICAGO IL 60660
ALDEA AT AVIARA HOMEOWNERS
IO I 79 HUENNEKENS ST 100
SAN DIEGO CA 92 I2 1
HORTON D R INC
IO I79 HUENNEKENS ST 100
SAN DIEGO CA 92 I2 I
EDWARD B & MANETTA FENTON
6908 GOLDFINCH PL
CARLSBAD CA 92009
HORTON D R INC
6909 THRUSH FL
CARLSBAD CA 92009
FACILITIES FOR CITY CLERK
CARLSBAD UNIF SCHOOL DIST SAN DIEGO COUNTY PLANNING
801 PINE AVENUE 5201 RUFFIN RD STE “B”
CARLSBAD CA 92008 SAN DIEGO CA 92123
CITY OF CARLSBAD
*ES ~
CALIF DEPT OF FISH & GAME
PLANNING DEPARTMENT 330 GOLDENSHORE #50
PROJECT PLANNER LONG BEACH CA 90802 -
(For.m A)
TO: CITY CLERK’S OFFICE
FROHt PLANNING DEPARTMENT
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary 4or you to notide
MP ~~~(L)/LcPA 95-13/c~ 89-39(A)/PUD 89-19(A) - Marea
for a public hearing before the Clty Council.
Please notice the item for the council neetlng of
.
Thank you.
December 5, 1995
Date
,
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will
hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad,
California, at 600 p.m. on Wednesday, November 15, 1995, to consider a request for a
Master Plan Amendment and Local Coastal Program Amendment to revise the permitted
uses and development standards for Planning Area 12 and a Tentative Tract Map
Amendment and Planned Unit Development Permit Amendment to allow a 101 clustered
single family detached condominiums on 21 lots on property generally located within
Aviara Planning Area 12, in Local Facilities Management Zone 19 and more particularly
described as:
Lot 230 of Carlsbad Tract 83-35, Aviara Phase I Unit “D”, , in the City of
Car&bad, County of San Diego, State of California, according to Map No.
12412, filed in the Office of the County Recorder 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 Mike Grim in the Planning Department at (619) 438-
1161, ext. 4499.
If you challenge the Master Plan Amendment, Local Coastal Development Program
Amendment, Tentative Tract Map Amendment and/or Planned Unit Development
Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence
delivered to the City of Carlsbad at or prior to the public hearing.
CASE FILE: MP 177(L)/LCPA 95-l 3/CT 8939(A)/PUD 89-19(A)
CASE NAME: MAREA
PUBLISH: NOVEMBER 2,1995
CITY OF CARLSBAD
PLANNING COMMISSION
MG:kr
2075 Las Palmas drive - Carlsbad. California 92009-l 576 - (619) 438-l 161 @