HomeMy WebLinkAbout1996-08-06; City Council; 13762; Aviara Information Center-
CITY OF CARLSBAD - AGHDA BILL
AB# /? 3/u & TITLE:
MTG. 816196 AVIARA INFORMATION CENTER APPEAL
DEPT. PLN 3@- CUP 90-07x1 CITYMGR ?+‘-
I I
RECOMMENDED ACTION:
That City Council direct the City Attorney to prepare documents UPHOLDING the Planning
Commissions approval of CUP 90-07x1, a five year extension to the Aviara Information Center.
ITEM EXPLANATION:
On November I, 1995, the Planning Commission approved a five year extension to the
Conditional Use Permit for the Aviara Information Center. In April of 1996, staff and the
Commission learned that an adjacent property owner was not notified of the hearing and was
interested in the proceedings. Therefore, on June 19, 1996, the Planning Commission
conducted a public hearing and voted 7-O to rescind and reconsider the Aviara Information
Center CUP. After hearing the public testimony, the Commission determined that the
Information Center still complied with all applicable policies, programs and regulations and
reapproved the five year CUP extension.
The public testimony centered around the future development of Black Rail Court and the ability
for Zone 20 property owners to access Alga Road. During rainy seasons, the quality of the
existing dirt access (also known as La Costa Boulevard) lessens, causing concern with the local
agricultural operators and residents. This dirt access has traditionally been the only access to
the Black Rail Court properties since no access from the south to public roads has ever existed.
Now that the opportunity to gain public access to the south has been created by the
construction of Alga Road, the Zone 20 property owners want Aviara to fully improve Black Rail
Court from Alga Road north to Aviara’s property line. The full construction of Black Rail Court
was not required by staff because the road is not necessary to serve the Information Center
and there are no publicly dedicated easements or completed improvement plans for that portion
of Black Rail Court north of Aviara. There was no nexus of proportionality between the master
plan sales center and full construction of Black Rail Court.
On June 21, 1996, Mr. Guy Moore, a Zone 20 property owner and resident, appealed the
Planning Commission’s decision to extend the Information Center CUP. As shown on the
attached appeal form, Mr. Moore cites denial of access to Alga Road and nuisance to personal
and business traffic currently using La Costa Boulevard for access to public roads.
FISCAL IMPACT:
The Aviara Information Center is privately owned and operated and continuation of the use
does not produce any fiscal impact to the City.
EXHIBITS:
1. Location Map
2. Planning Commission Resolutions No. 3948 and 3949
3. Planning Commission Staff Report, dated June 19, 1996
4. Excerpt of Planning Commission Minutes, dated June 19, 1996
5. Appeal Form from Mr. Guy Moore, dated June 21, 1996.
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ARPORT
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EXHBIT 1
AVIARA INFO CENTER
PLANNING AREA 23
CUP 90-07x1 ?/
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EXHBIT 2
PLANNING COMMISSION RESOLUTION NO. 3948
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RESCINDING
PLANNING COMMISSION RESOLUTION NO. 3828, AN
EXTENSION OF A CONDITIONAL USE PERMIT THAT
ALLOWS THE OPERATION OF A SALES INFORMATION
CENTER IN AVIARA PLANNING AREA 23, ON PROPERTY
GENERALLY LOCATED ON THE NORTH SIDE OF ALGA
ROAD BETWEEN BLACK RAIL COURT AND CORMORANT
DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 19.
CASE NAME: AVIARA INFORMATION CENTER
CASE NO: CUP 90-07x1
WHEREAS, pursuant to the provisions of the Municipal Code, a duly noticed
public hearing is required to consider a Conditional use Permit Extension; and
WHEREAS, the Planning Commission held a meeting on November 1, 1995, to
discuss the extension of the Aviara Information Center Conditional Use Permit; and
WHEREAS, an adjacent property owner was not noticed of the November 1, 1995
hearing.
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.
W That based on the evidence presented at the public hearing, the Commission
RESCINDS the Conditional Use Permit extension, CUP 90-07x1, Planning
Commission Resolution No. 3828, based on the following findings:
Findings:
1.
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There was inadequate noticing for the November 1, 1995, Conditional Use Permit
Extension for the Aviara Information Center and the unnoticed property owner has
an interest in the Conditional Use Permit Extension proceedings.
. . .
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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 19th day of June, 1996, by the
following vote, to wit:
AYES: Chairperson Compaq Commissioners Heineman, Monroy,
Nielsen, Noble, Savary, Welshons
NOES:
ABSENT:
ABSTAIN:
WILLIAM COMPAS, Chairpekon
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZtiLLER
Planning Director
PC RESO NO. 3948 -2-
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PLANNING COMMISSION RESOLUTION NO. 3949
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RE-ADOPTING
PLANNING COMMISSION RESOLUTION NO. 3828
APPROVING A CONDITIONAL USE PERMIT EXTENSION
TO ALLOW THE CONTINUED OPERATION OF A SALES
INFORMATION CENTER IN AVIAR4 PLANNING AREA 23
ON PROPERTY GENERALLY LOCATED ON THE NORTH
SIDE OF ALGA ROAD BETWEEN BLACK RAIL COURT
AND CORMORANT DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 19.
CASE NAME: AVIARA INFORMATION CENTER
CASE NO: CUP 90-07x1
WHEREAS, Aviara Land Associates has filed a verified application with the
City of Carlsbad which has been referred to the Planning Commission; and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit extension, as shown on Exhibits “A”-“H”, dated November 7,1990, and on file in the
Planning Department, and as provided by the conditions of approval for CUP 90-07, and
Chapter 21.54 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 19th day of June, 1996, hold a duly noticed public hearing to consider
said application on property described as:
Portion of Section 22, 26, 27, 28, 33 and 34 in Township 12
South, Range 4 West, in the City of Carlsbad, County of San
Diego;
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to CUP 90-07x1.
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.
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B) That based on the evidence presented at the public hearing, the Commission
APPROVES the five year extension of Conditional Use Permit, CUP 90-07
(CUP 90-07x1), and RR-ADOPTS Planning Commission Resolution No. 3828
based on the following findings and subject to the following conditions:
Findinvs:
1. That the Planning Director has determined that the project is exempt from the
requirements of the California Environmental Quality Act (CEQA) per Section 15301 of
the state CEQA Guidelines and will not have any adverse significant impacts on the
environment.
2. That the requested use is necessary or desirable for the development of the community, is
essentially in harmony with the various elements and objectives of the General Plan, and
is not detrimental to existing uses specifically permitted in the zone in which the
proposed use is located, in that it facilitates the sale and subsequent occupation of
residentially designated property, provides the appropriate land use and parking
improvements while preserving native open space, and is removable for the ultimate
development of the site;
3. That the site for the intended use is adequate in size and shape to accommodate the use, in
that because all improvements required for the continued operations of the sales
center stall fit completely within the boundaries of the site;
4. That all the yards, setbacks, walls, fences, landscaping, and other features necessary to
adjust the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained since all development standards for the planning area are
still being adhered to and the building must be removed prior to future development
of the site;
5. That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed use since Alga Road is a major arterial with a capacity of
40,000 average daily trips and the traffic generated by the sales center is about 100
trips per day.
Conditions:
1. The Planning Commission does hereby approve the Conditional Use Permit extension
for the Temporary Information Center project entitled ” Aviara Information Center-
Planning Area 23”. (Exhibits “A” - “H” on tile in the Planning Department and
incorporated by this reference, dated November 7, 1990), 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 Conditional Use Permit extension Documents, as
necessary to make them internally consistent and conform to Planning Commission’s
final action on the project. Development shall occur substantially as shown on the
approved exhibits. Any proposed development substantially different from this approval,
kl PC RESO NO. 3949 -2-
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shall require an amendment to this approval.
2. All other conditions contained in Planning Commission Resolution Nos. 3828 and
3160, except as modified herein, remain in full force and effect.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 19th day of June, 1996, by the
following vote, to wit:
AYES: Chairperson Compas, Commissioners Heineman, Momoy,
Nielsen, Noble, Savary, Welshons
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. H~LzMKLER
Planning Director
PC RESO NO. 3949 -3-
- ixHBlT 3fi
one City of CABLSBAD Planning Departmeut b
t!+ A REPORT TO THE PLANNING COMMISSION ”
Item No. 3 0
Application complete date: N/A
P.C. AGENDA OF: JUNE 19,1996 Project Planner: Michael Grim
Project Engineer: Clyde Wickham
SUBJECT: CUP 90-07x1 - AVIARA INFORMATION CENTER- A public hearing to
consider two actions: 1) whether to rescind the Aviara Information Center
conditional use permit and, 2) if rescinded, whether to grant a five year extension
to the permit, on property generally located north of Alga Road, between Black
Rail Court and Cormorant Drive, in Local Facilities Management Zone 19.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 3948,
RESCINDING the Aviara Information Center Conditional Use Permit extension CUP 90-07x1
for reconsideration and then ADOPT Planning Commission Resolution No. 3949,
APPROVING a five year extension to a conditional use permit CUP 90-07 (CUP 90-07x1)
based upon the findings and subject to the conditions therein.
II. INTRODUCTION
This public hearing item has two components. First is whether to rescind the Aviara Information
Center CUP extension 90-07x1, approved November 1, 1995, because of inadequate noticing.
Considering that an interested property owner within 600 feet of the subject property was not
noticed, staff is recommending that the Planning Commission rescind the CUP extension. The
next component would then be to consider whether to extend the CUP as conditioned, add or
revise conditions of approval, or deny the permit altogether. Staff is recommending that the CUP
be extended as conditioned.
III. PROJECT DESCRIPTION AND BACKGROUND
This item is an outgrowth of public interest in the Aviara Information Center CUP and related
onsite and offsite improvements of Black Rail Court. In order to explain the existing
circumstances, a brief history of the project and related correspondence is needed.
The original Information Center CUP was approved for a five year period on November 7, 1990,
through Planning Commission Resolution No. 3 160 (copy attached). On November 1, 1995, the
Planning Commission approved Resolution No. 3828 (copy attached), extending the CUP for
another five year period. On April 17, 1996, the Planning Commission learned that a property
owner within 600 feet of the Information Center site was not noticed of the November 1, 1995
hearing. The Commission therefore directed staff to return in a public hearing setting with an
item recommending whether or not to rescind the conditional use permit.
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CUP 90-07x1 - AVIARA hqFORMATION CENTER
. JUNE 19,1996
PAGE 2
Upon further research, staff found that the property owner was indeed not noticed and was
planning on participating in the CUP extension public hearing process. Since CUP extensions
may only be granted after conducting a duly noticed public hearing, staff is recommending
rescinding the CUP to properly hear the extension request. Once the CUP is rescinded, then the
Planning Commission may decide to grant the extension as previously approved, add or modify
conditions of approval, or deny the permit extension and abate the use. Staff still finds the
Information Center development, operations, and conditions of approval to be adequate and in
conformance with all applicable laws, policies and programs. One of the conditions that has
created some public interest was a condition requiring future dedication and improvement of
Black Rail Court within the Aviara Master Plan. This condition, and the public interest
surrounding it, are briefly discussed below.
The Aviara Information Center CUP was the first discretionary action taken on Planning Area 23
since the site was not part of the Phase I or Phase II master tentative maps. Since a future public
roadway (Black Rail Court) was located within Planning Area 23, the CUP’s conditions of
approval included a requirement to dedicate and promise to construct that portion of Black Rail
Court within the planning area boundaries. While the construction of Black Rail Court was not
necessary for the operation of the sales center, Chapter 18.40 of the Carlsbad Municipal Code
allows the City to acquire dedications and future improvement agreements in conjunction with
construction not associated with a subdivision. The roadways that are acquired or ensured in this
manner may only be roads shown on the General Plan, applicable specific or master plans, or an
established street system or plan.
Black Rail Court is shown on the Aviara Master Plan, therefore requirements for future
dedications and improvements are consistent with the Municipal Code. The construction of full
street improvements within the planning area is not necessary to serve the sales center, therefore
full construction was not made a requirement of the conditional use permit. Staff could not make
the necessary nexus between operation of the sales information center and full construction of the
roadway.
Over the past year, staff has received several correspondences from property owners within Zone
20, north of Aviara. It is their contention that Aviara should fully improve Black Rail Court
within the master plan boundaries and open this roadway up to access from the north. Currently
a dirt access extends northward from the Aviara Master Plan boundary to the CMWD water tanks
and beyond. This dirt access has been, and continues to be, the primary access for the
agricultural properties north of Aviara. During rainy seasons, the quality of the dirt access
lessens, causing concern from the agricultural operators in the area. Staff understands the
property owners’ desire to access Alga Road from the existing dirt road however there are no
publicly dedicated easements or future improvement agreements for the portion of future Black
Rail Court north of Aviara. Therefore there are no roadways with which to connect Aviara’s
portion of Black Rail Court and full improvements are inappropriate. Staff maintains that the
exactions required of the Aviara Information Center CUP are consistent with the Municipal
Code, proportionate to the need and neither exceed nor fall short of reasonable requirements.
The original conditional use permit (CUP 90-07) was approved on November 7, 1990 and the 9
sales information center opened in 1991. The analysis for the CUP extension request processed
CUP 90-07x1 - AVI& h\tFORMATION CENTER
JUNE 19,1996
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in November of 1995 mimicked that conducted for the original conditional use permit. Since the
reconsideration of the CUP extension is based upon a public noticing issue, rather than an issue
with the project’s conformance with regulations, the analysis contained below follows the
previous analyses. Therefore, the Aviara Information Center - Planning Area 23 project is
subject to the following land use plans, policies, programs and zoning regulations:
A.
B.
C.
D.
E.
F.
General Plan;
Mello I segment of the Local Coastal Program;
Aviara Master Plan (MP 177 and its amendments);
Conditional Use Permit Ordinance (Chapter 21.42 of the Zoning Ordinance);
Growth Management Ordinance (Chapter 2 1.90 of the Zoning Ordinance); and
Zone 19 Local Facilities Management Plan.
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.
A. General Plan
The proposed Aviara Information Center - Planning Area 23 project is consistent with the
applicable policies and programs of the General Plan. Particularly relevant to the sales
information center proposal are the Land Use, Circulation, Open Space and Conservation,
Noise and Public Safety Elements. Table 1 below indicates how the project complies
with these particular elements of the General Plan.
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CUP 90-07x1 - AVIARH II~FORMATION CENTER
JUNE 19,1996
PAGE 4
ELEMENT
Land Use
TABLE 1 - GENERAL PLAN COMPLIANCE
USE CLASSIFICATION/GOAL, PROPOSED USES AND COMPLIANCE
OBJECTIVE OR PROGRAM IMPROVEMENTS
Site is designated for neighborhood Project is commercial real
commercial uses. estate sales office and master
plan information center.
Yes
Ensure that commercial architecture The sales center’s architecture
emphasizes establishing community matches that used for the golf
identity while presenting tasteful, clubhouse and meets all
dignified and visually appealing design criteria of the Aviara
designs compatible with their Master Plan.
surroundings.
Circulation Provides safe, adequate and The existing parking lot
attractively landscaped parking functions effectively and is
facilities. richly landscaped.
Open Space and Minimize environmental impacts to Project site maintains amount
Conservation sensitive resources in the City. of native habitat and erosion
control originally approved
with CUP 90-07.
Yes
Yes
with all NPDES
iated with master plan
State building requirements. seismic requirements.
appurtenances and all-weather
B. Mello I segment of the Local Coastal Program
The Aviara Information Center 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
.
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CUP 90-07x1 - AVIARA II~FORMATION CENTER
JUNE 19,1996
PAGE 5
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 and environmentally sensitive habitat preservation.
The land uses allowed through the LCP segments are the same as those allowed by the
Aviara Master Plan, therefore the existing sales information center use is consistent with
the LCP. All steep slopes with native vegetation were preserved through the original
Conditional Use Permit (CUP 90-07) and no encroachment is proposed with this five year
use extension. Considering the above, the proposed five year extension to the
Conditional Use Permit for the Aviara Information Center 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 Mello I
Local Coastal Program segment which covers the project site. The following discussion
therefore addresses both conformance with the master plan and the LCP implementing
ordinance.
Even though the sales information center is a conditional use and not the ultimate use of
the property, the development standards and design criteria for Planning Area 23 were
imposed upon the development. Table 2 below summarizes the project’s conformance
with the applicable portions of the Aviara Master Plan.
TABLE 2 - AVIARA MASTER PLAN CONFORMANCE
Parking: As required by Zoning Ordinance. Project ratio of 1 sp/130 sq ft exceeds the
code ratios of 1 sp/250 sq ft for o&es
CUP 90-07x1 - AVIAI& r,&ORMATION CENTER
JUNE 19,1996
D. Conditional Use Ordinance (Chapter 21.42 of the Zoning Ordinance)
The Aviara Master Plan Area defers to the Carlsbad Municipal Code for all regulations
not specifically addressed in the Master Plan. Since the Aviara sales information center
is a temporary use, it is under the control of a Conditional Use Permit, and therefore
subject to the findings listed in Section 21.42.020. These findings require desirability and
compatibility of the use, consistency of the proposal with the General Plan, and adequacy
of the site, surroundings and streets to accommodate the use.
The sales information center has been operating for several years without incident. It has
served as a valuable tool for the marketing of real estate within the Aviara Master Plan
Area. Both the land use and site development are consistent with the applicable goals,
objectives and policies of the General Plan (see section A above). As evidenced in the
successful operations to date, the site, surroundings and streets are adequate to
accommodate the continued operation of the sales information center. Therefore, the
Aviara sales information center continues to meet the necessary findings for a conditional
use permit.
E. Growth Management Ordinance (Chapter 21.90 of the Zoning Ordinance)
The Aviara sales information center proposal involves a five year extension, allowing the
continued operation of the sales information center. The Growth Management analysis
for the original project was conducted during review of CUP 90-07, prior to construction
of the building. To reiterate the analysis, Table 4 below details the project’s compliance
with the standards of the Growth Management Ordinance.
TABLE 3 - GROWTH MANAGEMENT COMPLIANCE
STANDARD IMPACTS COMPLIANCE
City Administration I N/A I N/A II
Library N/A N/A II
Waste Water Treatment 1 EDU
Parks
Drainage
Circulation
N/A
PLDA D
100 ADT
Fire Fire Stations #2 and #4
Yes
Open Space 1.1 acres I Yes II
Schools
Water
Aviara Mello Roos
220 GPD
Yes
Yes
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CUP 90-07x1 - AVIAI& r~&ORMATION CENTER
JUNE 19,1996
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F. Zone 19 Local Facilities Management Plan
Local Facilities Management Zone 19 covers the entire Aviara Master Plan area,
including Planning Area 23. No special development requirements exist in the zone plan.
The plan does require that all facilities required to serve the development be in place
concurrent with or prior to need. Since the sales information center is operating with all
necessary improvements and facilities in place, the project remains consistent with the
Zone 19 Local Facilities Management Plan.
V. ENVIRONMENTAL REVIEW
The original conditional use permit (CUP 90-07) was granted a Negative Declaration with regard
to potential environmental impacts on October 4, 1990. Since the sales office continues to
operate within the approved levels of intensity and no changes to the site or building are
proposed, the project constitutes a continued operation of an existing facility and is, therefore,
exempt from further environmental review per Section 15301 of the State CEQA Guidelines. A
Notice of Exemption will be filed upon final project determination.
ATTACHMENTS:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Planning Commission Resolution No. 3948
Planning Commission Resolution No. 3949
Location Map
Background Data Sheet
Local Facilities Impact Assessment
Disclosure Statement
Planning Commission Resolution No. 3828
Planning Commission Resolution No. 3 160
Bolton letter to Planning Commission, dated April 15, 1996, with attachments
Planning Department letter to Bolton, dated February 5, 1996.
h4G:bk
BACKGROUND DATA SHEE’I
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. CASE NO: CUP 90-07x1
CASE NAME: Aviara Information Center
APPLICANT: Aviara Land Associates
REQUEST AND LOCATION: A public hearinp to consider whether to rescind the Aviara
Information Center conditional use nermit, on r>roDertv generally located on the northeast corner
of Alga Road and Black Rail Court, in Local Facilities Management Zone 19.
LEGAL DESCRIPTION: Portions of Section 22, 26, 27,28, 33 and 34 in Township 12 South,
Range 4 West, in the Citv of Carlsbad Countv of San Diego.
APN: 215-040-2 1 Acres: 20.148 Proposed No. of Lots/Units: not applicable
GENERAL PLAN AND ZONING
Land Use Designation: N - Neighborhood Commercial
Density Allowed: not applicable Density Proposed: not applicable
Existing Zone: P-C Proposed Zone: P-C
Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning Requirements)
Site P-C
North L-C
South P-C
East P-C
West P-C
Zoning Land Use
Info Center + vacant
Agriculture
Golf Course
Open Space
Open Space
PUBLIC FACILITIES
School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): 1 .O
Public Facilities Fee Agreement, dated: February 12, 1990
ENVIRONMENTAL IMPACT ASSESSMENT
X Negative Declaration, issued October 4. 1990
cl Certified Environmental Impact Report, dated
cl Other,
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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: Aviara Information Center - CUP 90-07x1
LOCAL FACILITY MANAGEMENT ZONE: 19 GENERAL PLAN: N
ZONING: P-C
DEVELOPER’S NAME: Aviara Land Associates
ADDRESS: 2011 Palomar Airnort Road. Suite 206, Carlsbad CA 92009
PHONE NO.: (619) 931-1190 ASSESSOR’S PARCEL NO.: 215-040-21
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 3,500 sq ft
ESTIMATED COMPLETION DATE: N/A - constructed
A. City Administrative Facilities: Demand in Square Footage = N/A
B. Library: Demand in Square Footage = N/A
C. Wastewater Treatment Capacity (Calculate with J. Sewer) 1 EDU
D. Park: Demand in Acreage = N/A
E. Drainage: Demand in CFS = N/A
2
Identify Drainage Basin = PLDA D
(Identify master plan facilities on site plan)
F. Circulation: Demand in ADTs = 100 ADT
(Identify Trip Distribution on site plan)
G. Fire: Served by Fire Station No. = Stations #2 & #4
H. Open Space: Acreage Provided = 1.1 acres
I. Schools: Aviara Mello Roos
(Demands to be determined by staff)
J. Sewer: Demands in EDUs 1 EDU
Identify Sub Basin = N/A
(Identify trunk line(s) impacted on site plan)
K. Water: Demand in GPD = 220 GPD
L. The project is not a residential project.
\q
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s=uCLmf STA:a4EKT CF cts- - c,-suRE OF CE.-AIN CWNEFSWIP ImE>I ON Al.L APPUanONS wr,~., w,u ;E,zu,EE I
Z%~~cNA~y AmON CN -E PA= CF -tE C.3’ C8WNC:L OR ANY APmIfl-,3 aOAi;O. C~MMISS;CN 0~ pMMmE I
The fcllowing information must be discfosed:
1. Aoolicant
List the names’and addresses of all persons having a financial interest in me application. Aviara Land Associates Limited PartnershiD 2011 Palomar AirDort Road Suite 206
Carlsbad, CA 92009
2. - Owner
List me names and addresses of ail persons having any ownership interest in the property involved. Aviara-Land Assoc'kates Limited PartnershiD 2011 Palomar Airport Road
3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list me names and
addresses of all individuals owning more than 10% of me shares in me corporation or owning any pannersttlp
interest in the partnership.
A
4. If any person identifkl 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 me non-profit organization or as trustee or beneficiary
of me trust.
6 FRh4oool3 W90
2075 Las Palmas Drive - Cadsbad. California 92009-4859 - (619) 438-l 167
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sclcsur e Statement
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(Cver)
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Have you had f&e than $253 worth of business transacted with any memtrer of City staff, 2~~s
Commissions, Commiaees and Ccuncii’within the past twelve mOnthS?
yes - - No X If yes, please indicate person(s)
Jynon 8, cwinoa u: ‘Any tnaiwdual. firm. cacMrwnk10. jam vMWY. usaci8Qan. wed du& hatm?ml argamzauan. cor3orWon. *stem. rfusL
r.~.wf. ryndiuto. tnm ma my otnr couW. my ana couny. cy munm@tty. 01stncZ or otlmr SormcJ r~bd~~mlan. or any ornor jrau~ ar
:omomaan l lltlg u l unrL* I ;
Owner: Applicant:
Aviara Land Associates Limited Partnership,
a Delaware limited partnership Aviara Land Associates Limited Partnership,
a Delaware limited partnership
By:
Date: a/g/s5
By: Republic Development Co., a
Date: 8/8/9!i
By:
Date: 8/8/95
By: Republic Development Co., a
wprq
Date: h)d8/9S
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PLANNING COMTMISSION RESOLUTION NO. 382%
A RESOLUTION OF THE P LANNING COMMISSION OF THE ClTY OF CARLSBAD, CALIFORNIA, APPROVING A FIVE YEAR EXTENSION TO A CONDITIONAL USE PERMIT TO ALLOW THE CONTINUE D OPERATION OF A SALES INFORMATION CENTER IN AVIARA
PLANNING AREA 23 ON PROPERTY GENERALLY
LOCATED NORTH OF ALGA ROAD BETWEEN BLACK
RAIL COURT AND CORMORANT DRIVE IN LOCAL
FACILITIES MANAGEMENT ZONE 19. CASENAME: AVIARA INFORMATION CENTER - PLANNINGAREA
CASE NO: CUP 90-07x1
WHEREAS, Aviara Land Associates has filed a verified application with the
City of Carlsbad which has been referred to the Planning Commission; and
WHEREAS, said verified application constitutes a recluest for a five year
extension to a Conditional Use Permit as provided by CUP 90-07 and Chapter 21.42 of the
Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on the 1st day of November, 1995, hold a duly noticed public hearing to
consider said application on property described as:
Portion of Sections 22, 26, 27, 28,33 and 34 in Township 12
South, Range 4 West, in the City of Carlsbad, County of San
Diego.
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all
factors relating to CUP -7x1.
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. P
4 That based on the evidence p’&ented at the public hearing, the Commission
-APPROVES the five year extension to Conditional Use Permit, CUP 90-07 (CUP !M-
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07x1), based on the following findings and subject to the following conditions:
Findinns:
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That the Planning Director has determined that the project is exempt from the 1
requirements of the California Environmental Quality Act (CEQA) per Section 15301 of the state CEQA Guidelines and will not have any adverse significant impact on the environment.
That the requested use is necessary or desirable for the development of the
community, is essentially in harmony with the various elements and objectives of the
general plan, and is not detrimental to existing uses or to uses specifically permitted
in the zone in which the proposed use is to be located, because it facilitates the saie
and subsequent occupation of residentially designated property, provides the
appropriate land use and parking improvements while preserving native open space,
and is removable for the ultimate development of the site;
That the site for the intended use is adequate in size and shape to accommodate the
use because all improvements required for the continued operations of the sales
center still fit completely within the boundaries of the site;
That all of the yards, setbacks, walls, fences, landscaping, and other features
necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained since all development standards for
the planning area arc still being adhered to and the building must be removed prior
to future development of the site;
That the street system serving the proposed use is adequate to properly handle all
traffic generated by the proposed use since Alga Road is a mdor arterial with a
capacity of 40,000 average daily trips.
Conditions:
1. The Planning Commission does hereby approve the Conditionai Use Permit
extension for the Temporary Information Center project entitled “Aviara Information
Ceder - Planning Arena 23”. (Exhibits “A” - “H on file in the Planning Department
and incorporated by this reference, dated November 7, MO), subject to the
conditions herein set forth. Staff is authorixed and directed to make or require the Developer to make all corrections and modifications to the Conditionai Use Permit
Documents, as necessary to make them internally consistent and conform to Planning
Commission’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. This Conditional Use Permit is extended for a period of five (s) years, from the date of expiration with a new expiration date of November $2000. This Conditional Use
Permit shall be reviewed by the Planning Director on a yearly basis to determine if
IA
PC R&O NO. 3828 -2-
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all conditions of this permit have been met and that the use does not have a substantial negative effect on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such substantial negative effects, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to
reduce or eliminate the substantial negative effects. This permit may be revoked at any time after a public hearing, if it is found that the use has a substantial
detrimental effect on surrounding land uses and the public’s health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed five (5) years upon written application of the permittee made no less than 90 days prior to the expiration date. The Planning Commission may not grant such extension, unless it grids that there are no substantial negative effects on surrounding land uses or the public’s health and welfare. If a substantial negative effect on surrounding land uses or the public’s health and welfare is found, the extension shall be denied or granted with conditions which will eliminate or substantially reduce such effects. There is no limit to the number of extensions the Planning Commission may grant.
3. All other provisions contained in Planning Commission Resolution No. 3160, except
as modified herein, remain in full forct and effect.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on the 1st day of November,
1995, by the following vote, to wit:
AYES: Chairperson Welshons, Commissioners Compas, Erwin,
Monroy, Nielsen, Noble and Savary
NOES: None
ABSENT: None
ABSTAINz None
CARLSBAD PLA&TNd COMMISSION
Planning Director
PC RESO NO. 3828 -3-
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PLANNING COMMISSION RESOLUTION NO. 3160
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW
CONSTRUCTION AND OPERATION OF A TEMPORARY SALES OFFICE IN
PLANNING AREA 23 OF THE AVIARA MASTER PLAN ON PROPERTY GENERALLY
LOCATED ON THE NORTH SIDE OF ALGA ROAD AT BLACKRAIL COURT.
CASE NAME: AVIARA LAND ASSOCIATES
CASENO: CUP90-7 . a
WHEREAS, a verified application has been filed with the City of Carlsbad and referred to
the Planning Commission; and
WHEREAS, said verified application constitutes a request as provided by Title 21 of the
Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission
did, on the 7th day of November, 1990, hold a duly noticed public hearing to consider said
application on property described as:
Portion of Section 22,26,27,28,33 and 34 in Township 12 South, Range 4 West
in the City of Carlsbad, County of San Diego, State of California.
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to CUP 90-7.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City
of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission APPROVES
CUP 90-7, based on the following findings and subject to the following conditions:
Findinns:
1. That the requested use is necessary or desirable for the development of the community,
is essentially in harmony with the various elements and objectives of the general plan, and
is not detrimental to existing uses or to uses specifically permitted in the zone in which
the proposed use is to be located because it facilitates the sale and subsequent occupation
of residentially designated property.
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That the site for the intended use is adequate in size and shape to accommodate the use
because all construction and improvements required for the sales office lit completely
witbin the bomdaies of the site.
That all of the yards, setbacks, walls, fences, landscaping and other features necessary to
adjust the requested sales of&e to existing or permitted future uses in the neighborhood will be provided and maintained as all development standards for the Planning Area are
being adhered to and the building is conditioned to be removed prior to future
development of the site.
That the street system serving the proposed use is adequate to properly handle all traffic
generated by the proposed sales office as Alga Road is a major arterial with a capacity of
40,000 ADT.
The Planning Commission has, by inclusion of an appropriate condition to this project,
ensured building permits will not be issued for the project unless the City Engineer
determines that sewer service is available, and building cannot occur within the project
unless sewer service remains available, and the Planning Commission is satisfied that the
requirements of the Public Facilities Element of the General Plan have been met insofar
as they apply to sewer service for this project.
All necessary public improvements have been provided or will be required as conditions
of approval.
Conditions:
1.
2.
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4.
Approval is granted for CUP 90-7, as shown on Exhibit(s) “A” - “H”, dated November 7,
1990, incorporated by reference and on file in the Planning Department. Development
shall occur substantially as shown unless otherwise noted in these conditions.
The developer shall provide the City with a reproducible 24” x 36”, mylar copy of the Site
Plan as approved by the Planning Commission. The Site Plan shall reflect the conditions
of approval by the City. The Plan copy shall be submitted to the City Engineer prior to
building, grading or improvement plan submittal, whichever occurs first.
This project is approved upon the express condition that building permits will not be
issued for development of the subject property unless the City Engineer determines that
sewer facilities are available at the time of application for such sewer permits and will
continue to be available until time of occupancy.
This project is also approved under the express condition that the applicant pay the public
facilities fee adopted by the City Council on July 28,1987 and as amended from time to
time, and any development fees established by the City Council pursuant to Chapter 2 1.90
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 February 12,1990, 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.
PC PESO NO. 3160 -2- Y
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This project shall comply with all conditions and mitigation measures which may be
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.
Approval of this request shall not excuse compliance with all sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit
issuance.
This conditional use permit is granted for a period of five years. This conditional use
permit shall be reviewed by the Planning Director on a yearly basis to determine if all
conditions of this permit have been met and that the use does not have a significant
detrimental impact on surrounding properties or the public health and welfare. If the
Planning Director determines that the use has such significant adverse impacts, the
Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to mitigate the significant
adverse impacts. This permit may be revoked at any time after a public hearing, if it is
found that the use has a significant detrimental affect on surrounding land uses and the
public’s health and welfare, or the conditions imposed herein have not been met. This
permit may be extended for a reasonable period of time not to exceed five years upon
written application of the permittee made no less than 90 days prior to the expiration
date. In granting such extension, the Planning Commission shall find that no substantial
adverse affect on surrounding land uses or the public’s health and welfare will result
because of the continuation of the permitted use. If a substantial adverse affect on
surrounding land uses or the public’s health and welfare is found, the extension shall be
considered as an original application for a conditional use permit. There is no limit to the
number of extensions the Planning Commission may grant.
Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates
pursuant to City standards. Location of said receptacles shall be approved by the Planning
Director. Enclosure shall be of similar colors and/or materials to the project to the
satisfaction of the Planning Director.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Planning and Building.
Compact parking spaces shall be located in large groups in locations to the satisfaction of
the Planning Director.
The applicant shall prepare a detailed landscape and itrigation plan which shall include
screen@ of the parking lot and which shall be submitted to and approved by the Planning
Director prior to the issuance of grading or building permits, whichever occurs first.
All parking lot trees shall be a minimum of 15 gallons in size.
All landscaped areas shall be maintained in a healthy and thriving condition, free from
weeds, trash, and debris.
PC RESO NO. 3160 -3-
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Preliminaq landscape plans shall be submitted.
All landscape plans shah be prepared to conform with the Landscape Guidelines Manual
and submitted per the landscape plan check procedures on file in the Planning
Department.
Landscape plans shah be designed to minimize water use. Lawn and other zone 1 plants
(see Landscape Guidelines Manual) shall be limited. Mulches shah be used and irrigation
equipment and design shall promote water conservation.
The developer shah avoid trees that have invasive root systems, produce excessive litter
and/or are too large relative to the lot size.
Planter width shall be a minimum of four (4) feet, not including curb, footings and/or
other paving, and parking overhang.
Prior to final occupancy, a letter from a California licensed landscape architect shall be
submitted to the Planning Director certifying that all landscaping has been installed as
shown on the approved landscape plans.
All herbicides shall be applied by applicators licensed by the State of California.
The applicant shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
The first set of landscape and irrigation plans submitted shall include building plans,
improvement plans and grading plans.
All landscape and irrigation plans shah show existing and proposed contours and shall
match the grading plans in terms of scale and location of improvements.
Mounding shall be used in parking lot landscaping or preliminary plans shall explain why
mounding is not possible to the satisfaction of the Planning Director.
All parking lot trees shall be canopy trees.
The minimum shrub size shall be 5 gallons. .
30% of trees in the project shall be 24” box or greater.
Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
Building identification and/or addresses shall be placed on 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.
PC RESO NO. 3160 4- 2@
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The developer shah 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 that are distributed or made available to the public shall include but not
be limited to trails, future and existing schools, parks, and streets.
The appkant shall post airmft noise notification signs as specified in Noise Policy NO.
17 in the sales office. The number and locations of said signs shall be approved by the
Planning Director.
The proposed stnrchrre shall be for the sale of residential units within the Aviara Master
Plan only. Any alteration of use shall require an amendment to this Conditional Use
Permk Any site development plan processed within Planning Area 23 shall be conditioned
that no grading or building pexmit shall be issued until the sales office (including
foundation) allowed through CUP 90-7 is removed from the site.
Approval of Cup 9&7 is subject to approval of the California Coastal Commission. Any
alteration of the proposed development by said Commission shall be reviewed and
approved by the Planning Director prior to issuance of grading or building permits.
As part of the plans submitted for building permit plan check, the applicant shall include
a reduced version of the approving resolution/resolutions on a 24” x 36” blueline drawing.
Said blueline drawing(s) shall also include a copy of any applicable Coastal Development
Permit and signed approved site plan.
Prior to the issuance of a building permit there shall be a deed restriction placed on the
deed to this property subject to the satisfaction of the Planning Director notifying all
interested parties and successors in interest that the City of Carlsbad has issued a
Conditional Use Permit by Resolution No. 3160 on the real property owned by the
de&rant. Said deed restriction shall note the property description, location of the file
containing complete project details and all conditions of approval as well as any conditions
or restrictions specified for inclusion in the deed restriction. Said’deed restriction(s) may
be modified or terminated only with the approval of the Planning Director, Planning
Commission or City Council of the City of Carlsbad whichever has final decision authority
for this project.
Engineering Conditions:
37. This approval is subject to all conditions of approval of Master Plan 177 and the Zone 19
Local Facilities Management Plan, and any amendments thereto.
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This project is located within the Mello 1 Local Coastal Plan. All development design shall
comply with the requirements of that plan.
The developer shall comply with all the rules, regulations and design requirements of the
respective sewer and water agencies regarding services to the project.
PC IWO NO. 3160 -5-
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The developer shall be responsible for coordination with S.D.G.&E., Pacific Telephone, and
Cable TV authorities.
The developer shall enter into lien contract for the future improvement of Blackrail Court
within the project for a full street width of 48 feet prior to grading or issuance of a
building permit, whichever occurs first. Improvements shall include but not be limited to
paving, base, sidewalks, curbs and gutter, medians, grading, clearing and grubbing,
undergrounding or relocation of Utilities, sewer, water, tie hydrants or retaining walls.
The applicant shall agree to utilize reclaimed water, in Type I form, on the subject
property in all common areas as approved by the City Engineer. Reclaimed water, as
defined in Section 1305(n) of the California Water Code, means water which, as a result
of treatment of wastewater, is suitable for a direct beneficial use or controlled use that
would not otherwise occur.
Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a grading permit for this project is required. Prior to issuance of a building permit
for the project, the applicant must submit and receive approval for grading plans in
accordance with City codes and standards, be issued a grading permit and complete the
grading work in substantial conformance with the approved grading plans.
The developer shall obtain a grading permit prior to the commencement of any clearing
or grading of the site.
No grading shall occur outside the limits of the project 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, he must either amend the Condition Use Permit or change
the slope so grading will not occur outside the project site in a manner which substantially
conforms to the approved site plan as determined by the City Engineer and Planning
Director.
A separate grading plan shall be submitted and approved and a separate grading permit
issued for the borrow or disposal site if located within the city limits.
Prior to hauling dirt or construction materials to any proposed construction site within this
project the developer shall submit to and receive approval from the City Engineer for the
proposed haul route. The developer shall comply with all conditions and requirements the
City Engineer may impose with regards to the hauling operation.
The developer shall exercise special care during the construction phase of this project to
prevent offsite siltation. Planting and erosion control shall be provided in accordance with
the Carlsbad Municipal Code and the City Engineer. Reference Chap 11.06.
Additional drainage easements and drainage structures shall be provided or installed prior
to the issuance of grading or building permit as may be required by the City Engineer.
PC RESO NO. 3160 -6-
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The developer shall make an offer of dedication to the City for all public streets and
easements required by these conditions or shown on the Conditional Use Permit. The
offer shall be made prior to issuance of any building permit or grading permit for this
project. All land so offered shall be granted to the City free and clear of all liens and
encumbrances and without cost to the City. Streets that are already public are not
required to be rededicated. Blackrail Court shall be dedicated to a right of way width of
68 feet.
Prior to approval of any grading or building permits for this project, the owner shall give
written consent to the annexation of the area shown within the boundaries of the site plan
into the existing City of Carlsbad Street Lighting and Landscaping District No. 1. The form
shall be provided by the City during the improvement plancheck process.
Runoff from this project is conveyed to environmentally sensitive areas. The subdivider
shall provide adequate means of eliminating urban pollutants from. drainage prior to
discharge. Plans for such improvements shall be approved by the City Engineer prior to
issuance of grading or building permit.
The developer shall install a wheelchair ramp at the public street comer abutting the
project site in conformance with City of Carlsbad Standards prior to occupancy of any
buildings.
The design of all private streets and drainage systems shall be approved by the City
Engineer prior to issuance of any grading or building permit for this project. The
structural section of all private streets shall conform to City of Carlsbad Standards based
on R-value tests. All private streets and drainage systems shall be inspected by the City,
and the standard improvement plan check and inspection fees shall be paid prior to
issuance of any building or grading permit for this project.
Irrigation systems to accommodate future reclaimed water shall be designed consistent
with Title 17 of the California Administrative Code.
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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 7th day of November, 1990, by the following vote,
to wit:
AYES: Chairperson Schramm, Commissioners: Holmes, McFadden, Erwin, Marcus
and Hall.
NOES: None.
ABSENT: Commissioner Schlehuber.
ABSTAIN: None.
CARLSBAD PLANNING COMMISSION
A-I-I-EST- fl
PC RESO NO. 3160 -8-
George R. Bolton
65 19 El Camino Real: Carlsbad, CA 92009-2804
April 15, 1996
PLANNING COMMISSION
C/O MR. COMPAS
RE: CUP 90 07 x 1 (AVIARA VISITOR CENTER)
Ladies and Gentlemen:
The proceedings of April 3rd were abruptly canceled for reasons best known to the
Government, and it is still unclear whether there will be public in-put on the
rescheduled date of April 17, and/or if any discussion is permitted or whether it will
be under the very limited parameters on the legality of the notification. I want the
Planning Commission to get the facts of this matter (from the people’s point of view)
even if we have to do it one sliver at a time.
Enclosed for your inspection is the Government furnished list of the persons who were
notified of the November, 1995, proceedings. Please notice that although many
people South of the Visitors Center were notified by letter, only three persons North
of the Center were notified and they were all absentee land owners. The only resident
landowner, Mrs. and Mrs. Muroya, whose property abuts Aviara and who are directly
across the street (West) of the Linda Sugino property, was not notified. As they are
members of the community and our neighbors, had they known of the November
hearing, they would have told the rest of us so that we could attend and attempt to
implement Mr. Patchett’s suggestion that the CUP be extended only if Black Rail Court
would be opened to traffic from the North (Patchett to Moore letter dated April 5,
1993, Paragraph 4, Line 3. It would appear the notification process was indeed
flawed!
Given the distortion of the facts presented to the Commission by the Government in
November, 1995, I find it hard to believe that it was coincidental the Muroya family
was omitted from the notification process as it made the extension process very easy
for the Government and Aviara.
The fee or assessment district proposal which would have required the people fronting
on Black Rail Court to donate the land and pay to improve Black Rail Court as
proposed by the developer’s consultant appears to have collapsed on April 8th.
There are three major developers (Aviara Phase 3, Cobblestone and Ocean Bluff)
obligated to improve Black Rail Court as a condition of granting their permits. We
would like Black Rail Court to be opened to traffic now to relieve our legal access
Planning Commission
C/O Mr. Compas
problem while the bickering and posturing goes on as to who (if any of them) will
actually assume fiscal responsibility to upgrade Black Rail Court and make it part of
the city’s traffic circulation system. This would also preclude any further pressure on
the people who front Black Rail Court to unilaterally improve the street.
I have previously submitted signed, dated documentary proof of the Government’s
irregular (to say the least) conduct in the matter of the Aviara CUP. If there is no
attempt to redress this situation, and Aviara and the Government are adamant in
keeping Black Rail Court closed $0 the community while using it for their own
purposes, then the next effort will be to invoke Planning Commission Resolution
#3828, Page 3, Lines 1 through 9 and attempt to prove that “there are substantial
negative effects on the surrounding land use.” Five more years of the status-quo is
unacceptable.
Thank you for your attention to this matter.
Enclosures:
Government list of persons notified by letter of the November, 1995 CUP
Hearing.
YUJIROBAYAMAMOTO WILLIAMA&ANITAMBUk&ER
JtOl VIALAJOLLA 2626MALLORCAPL
SANCLEMENTECA92672 CARLSBADCA92009
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City of Carlsbad
February 5, 1996
Mr. George Bolton
6519 El Camino Real
Carlsbad CA 92009
SUBJECT: STATUS OF BLACK RAIL COURT
Dear Mr. Bolton:
Thank you for your letter requesting information on the status of Black Rail Court. It is
helpful to all interested parties that the facts leading up to the existing situation are
known and understood. There appear to be two general topics mentioned in your letter:
the relationship of a particular conditional use permit with the construction of a portion
of Black Rail Court, and the status of future improvements to Black Rail Court.
The area that would constitute the northern extension of Black Rail Court from Alga Road
lies .within Planning Area 23 of the Aviara Master Plan. This Planning Area is covered by
a Conditional Use Permit (CUP 90-07) to allow a master plan information center. That
CUP contains a condition requiring that Aviara offer to dedicate and enter into a future
improvement agreement to construct that portion of Black Rail Court within their property.
This dedication has not been accepted by the City since there are no similar public
dedications or City-approved improvements plans for the portions of the future road north
of Aviara. Therefore, the critical link to .“opening” Black Rail Court from Alga Road
northward is the dedication and improvement of an alignment north of Aviara that will
complete a circulation link.
With regard to the creation of new circulation links, there are four ways a public road can
be built. One way is through the City’s Capital Improvements Program (CIP). Most of the
roadways within the CIP involve major thoroughfares, such as the widening of Palomar
Airport Road or La Costa Avenue. Other roadways are included in the CIP because they
are necessary circulation links that benefit the City at large, such as future Faraday
Avenue through Veteran’s Memorial Park. Any citizen may request that a roadway be
considered for placement in the CIP, however inclusion in the program would be based
upon many factors, including benefit to the City at large.
Another way to construct a public road is through the administration of future
improvement agreements. As properties having existing frontage on a publicly dedicated
and partially improved roadway develop or renovate, the City typically requires that the
property owner sign an agreement to pay their fair share of the required improvements
to complete the roadway along their property frontage. These agreements are called ?@
upon to fund road construction if a substantial amount of property owners petition to the
2075 Las Palmas Drive - Carlsbad. California 92009-l 576 - (619) 438-l 161
STATUS OF BLACK RAIL COURT
February 5, 1996
Paqe 2
City for the roadway to be completed or if the City Council decides, on their own, that
completion of the road is necessary. Due to the lack of development and publicly
dedicated right-of-way in the area, no future improvement agreements exist for any
properties fronting on future Black Rail Court between Aviara and future Poinsettia Lane.
A third method for constructing a public roadway is through private improvements. This
process involves a person or group of persons applying to the City for an improvement
project. The preparation of plans, offers of dedications, and construction of
improvements would typically be funded by the person or group of persons making the
application. This method has apparently been initiated by a group of property owners
in your area. On November 3, 1995, the City received an application for a private
development (PD 421) for the improvement of Black Rail Court from Aviara northward to
future Poinsettia Lane. The proposal underwent one plancheck by the City and was
returned to the applicant for corrections on November 30, 1995. No response from the
applicant or their engineer has been resubmitted to the City since that time.
The most common method of constructing a public roadway is in conjunction with
development. The City’s Growth Management Program requires that all roadways
necessary to serve a proposed development be in place prior to or concurrent with that
development. Even if the required roadway extends off of the property proposed for
development, the developer must install the road. There are two proposed
developments in your vicinity that have been conditioned to install Black Rail Court for
secondary access, Ocean Bluff (CT 89-05) and Aviara Phase Ill (CT 92-03). The Ocean
Bluff project is conditioned to construct Black Rail Court from Aviara’s property line
northward to Poinsettia Lane as may be needed to meet the City’s cul-de-sac standard.
Other off-site roadway improvements are also contained in the Ocean Bluff approval.
The Aviara Phase Ill project is explicitly ‘conditioned to connect their improvement of
Ambrosia Lane and Poinsettia Lane to Black Rail Court, and then Black Rail Court
southward to Alga Road. This condition was placed upon the project because it seemed
to be the most likely secondary access route. Since the construction of Cassia Road
and its future connection with Poinsettia Lane provides another secondary access
alternative, Aviara is currently requesting a revision to their tentative map. This tentative
map revision would allow Aviara to construct a roadway connection to Cassia Road as
a secondary access in lieu of constructing Black Rail Court. The revision of a tentative
map requires public hearings, in this case before both the Planning Commission and City
Council. The first of these hearings are expected to take place in March or April and will
be noticed in the newspaper and to all property owners within 600 feet of the Aviara
Phase Ill property.
According to historic orthophoto maps and discussions with local residents, it appears
that no publicly dedicated and improved roads from the dirt road referred to as Black
Rail Court to existing public roads to the west, east or south ever existed. The only
access to public roadways for properties fronting on Black Rail Court was via the dirt
road referred to as La Costa Boulevard to the north. When the Aviara (then Pacific Rim)
Master Plan was approved, the developer was required to dedicate and improve Alga
STATUS OF BLACK RAIL COURT
February 5, 1996
Paae 3
Road from Poinsettia Lane in the west to the terminus of Alga Road in the east. Once
these Alga Road improvements were completed, there was the first potential for direct
access from Black Rail Court to a public road (Alga Road) to the south.
We understand your desire to access Alga Road from the existing dirt road known as
Black Rail Court. While there is an offer to dedicate and improve Black Rail Court within
Aviara, there is no publicly dedicated road north of the Aviara property with which to
connect. Therefore, no action regarding the acceptance of dedication or improvements
for the northerly extension of Black Rail Court within Aviara is likely until there are offers
of dedication, approval of improvement plans and a financing mechanism for that portion
of the future roadway north of the Aviara Master Plan to complete a circulation link.
Please feel free to contact myself or Bob Wojcik at (619) 438-l 161 if you have any
additional conditions.
Jp&g/J
Associate Plann
MG: kr
c: Bob Wojcik
Chris DeCerbo
Jim Davis
EX- 4
3. CUP 90-07x1 - AVIARA INFORMATION CENTER - A public hearing to consider two actions: 1)
whether to rescind the Aviara Information Center conditional use permit, and 2) if rescinded, whether to
grant a five-year extension to the permit, on property generally located north of Alga Road, between
Black Rail Court and Cormorant Drive, in Local Facilities Management Zone 19.
Chairman Compas reminded applicant, commissioners, and public that the Planning Commission’s decision
on this item was final and that it would p& be forwarded to the City Council unless it was appealed within 10
calendar days.
Chairman Compas said that he wanted to handle this agenda item by splitting it in two parts. The first part
would have to do with the rescinding of the conditional use permit extension CUP 90-07x1 and have staff give
its presentation, have applicant speak and a public hearing, commission discussion and vote before the
second part is discussed.
Associate Planner Michael Grim gave a presentation on the item referred to as “3a” which is a consideration
of whether or not to rescind the Aviara Information Condition Use Permit. As a brief history, on November 1,
1995, the Planning Commission approved a five-year extension to the conditional use permit that allowed the
Aviara Information Center in Planning Area 23, just north of Alga Road. In mid-April it came to staffs and the
Planning Commission’s attention that a property owner within the 600’ radius was inadvertently not notified of
the hearing. The property owner was interested in the proceedings of the approval or disapproval of the
conditional use permit and once staff was made aware of this, decided to make the recommendation to
rescind the conditional use permit.
PLANNING COMMISSION Page 6
Chairman Compas invited questions for staff. Seeing no questions of staff, Chairman Compas asked the
applicant to come forward.
Applicant Larry Clemens with Aviara Land Associates, 2011 Palomar Airport Road, Suite 206, Carlsbad
came forward. Mr. Clemens stated that he agreed with staffs recommendation.
Chairman Compas invited questions of the applicant. Chairman Compas opened the public testimony and
issued the invitation to speak on this first part of agenda item 3, which deals with the rescinding aspect.
Chairman Compas noted that there were several requests to speak on this item, the first of which was
Thomas Smith.
Commissioner Welshons asked Chairman Compas to ask the speakers if the person who was specifically
referenced in the findings as being the unnoticed property owner, was there in the room. The person who
was within the 600’ radius. It was noted from the audience that the unnoticed property owner was in fact in
the audience.
Asst. City Attorney Rudolf suggested to Chairman Compas, that since the applicant was acknowledging the
invalidity of the permit and, in essence agreeing with the staff recommendations to set it aside, he felt that in an effort to save time, the Commission consider not taking testimony on this portion of the item, since the
speakers are in favor of staffs recommendation.
Chairman Compas asked Thomas Smith if he, like staff and the applicant, wanted to rescind the conditional
use permit.
Thomas Smith replied that, yes, he was in favor of rescinding the conditional use permit, but that there was a
second issue in the item.
Chairman Compas reminded him that the second issue would be handled after the rescinding portion of the
item had been settled. Chairman Compas went on to explain to all that, unless someone had something they
wanted to address about the rescinding portion, they move onto the next part of the item.
Commissioner Welshons said that she would like the person who lives within the 600’ radius, who was not
properly noticed, to come forward because she was having difficulty with the finding and needed clarification
from that person.
Chairman Compas asked the applicant to come forward, but was informed that a language barrier existed.
When Chairman Compas asked the gentleman if he could serve as a translator for the applicant, Chaim-ran
Compas was informed that he, too, had a language barrier.
Commissioner Welshons directed the question to staff, which was the finding reads that there was
inadequate noticing on the November 1, 1995 conditional use permit extension for the Aviara Information
Center and the unnoticed property owner has an interest in the project. She asked staff to define what was
meant by “an interest in the project.”
Mr. Grim responded that in this case “an interest” was intended to mean the property owner was interested in
the proceedings of the CUP extension; it was not intended to mean that they had a financial interest in the
project or the Information Center, or Aviara in general. Mr. Grim went on to say that staff could revise the
finding to read “has an interest in the CUP extension proceedings.”
Commissioner Welshons replied that she would be much more comfortable with such a change, because she
interpreted the current language as a financial interest.
PLANNING COMMISSION June 19,1996 Page 7
Chairman Compass agreed, and with that clarification, Chairman Compas closed the public testimony on
section on 3a of the agenda item and opened commission discussion.
ACTION: Motion by Commissioner Welshons, and duly seconded, to adopt Planning Commission
Resolution No. 3948 rescinding the Aviara Information Center conditional use permit
extension CUP 90-07x1 for reconsideration with the correction to finding number 1 as
stated by Mr. Grim.
VOTE: 7-o
AYES: Compas, Heineman, Monroy, Nielsen, Noble, Savary, Welshons
NOES: None
ABSTAIN: None
3b Five-year extension to the permit, on property generally located north of Alga Road, between Black
Rail Court and Cormorant Drive, in Local Facilities Management Zone 19.
Mr. Grim explained that the 3b portion of this item was for a five-year extension to the conditional use permit
that originally allowed the Aviara Information Center. The original CUP was approved on November 7, 1990
and on November I, 1995 that Planning Commission held a meeting to discuss a potential extension of this
CUP. At both the original and follow-up meetings, staff informed the Commission that the project was in
conformance with the General Plan, the Mello I segment of the Coastal Plan, the Aviara Master Plan, the Conditional Use Permit Ordinance, the Growth Management Ordinance, and Zone 19 Local Facilities
Management Plan. Staff has reviewed the project and been to the site more frequently than once per year as
required by the conditions of approval, and feels that the Aviara lnfonnation Center is still operating within all
of the conditions of the approval and has met all of the requirements that allowed its consistency with these
policies, programs and regulations. Originally when the CUP came in, part of the road known as Black Rail Court, which is located on the Master Plan and extends northward from Alga Road to the northern boundary
of Aviara was discussed. Since staff had never seen a subdivision map of the parcel before, when the conditional use permit came in, it represented the first discretionary action that would allow staff to ask for any
exactions of the property owner. Since staff was aware that Black Rail Court was going to be located in that
area, staff, in conjunction with CUP 90-07 back in 1990, conditioned that the property owner offer to dedicate
and commit to improve that portion when it was deemed necessary by the Engineering Dept. and other City
staff. As a result and prior to issuance of building permits to the Aviara Information Center, Aviara Land
Associates dedicated the property and signed a future improvement agreement which allows staff to come in
and accept the property and improve the road at whatever time staff sees fit. Staff felt the level of exaction
was appropriate to the Information Center since the Information Center itself did not need the complete
roadway to function and since there were no arrangements for Black Rail Court north of that area, staff felt
that it was premature to ask for the full completion of that roadway at that time. Staff still feels that this is the
appropriate situation and has no commitment for roadways, dedications, or improvements north of the project
at this time, and as such feels it is premature to fully construct Black Rail Court. Therefore, staff is
recommending that the Commission approve the five-year extension of CUP 90-07 as conditioned by staff.
Chairman Compas invited questions of staff. Wtth no questions of staff at this time, Chairman Compas
asked the applicant to come forward.
Applicant Larry Clemens, of Aviara Land Associates, 2011 Palomar Airport Road, Suite 206, Carlsbad, stated
that he agreed with staffs recommendation as it was presented. Mr. Clemens also requested time for
rebuttal from the Commission, which was granted by Chairman Compas.
Chairman Compas asked for questions of applicant.
Commissioner Monroy asked the applicant if he anticipated an additional extension beyond the five-year extension, and the applicant replied he could not be certain, but at this time it looked like a five-year window
for the Information Use Center.
PLANNING COMMISSION June 19,1996 Page 8
Chairman Compas opened the item to public testimony.
The first speaker was Thomas Smith, 2945 Harding Street, Carlsbad. Mr. Smith is an attorney representing
Guy and Jean Moore, who reside in Zone 20 in the southwest quadrant of the City. Mr. Smith noted that
there were several problems in this area that had been expressed to staff, but said these concerns had not
been addressed. One of the most significant concerns was the access problem area residents were
experiencing. He noted that these residents, whose access is at the west end of Poinsettia Lane, have
enjoyed this access for 35 years, has now been cut-off due to the locked gate. This locked gate blocks their
quickest access. Many of these people are elderly, and many have agricultural interests, and because of this
need access to this area. This locked gate keeps them from being able to get in and out quickly. This
situation is exacerbated by inclement weather, and poses a further problem for emergency vehicles that need
to respond in the event of an emergency. Additionally, nuisance problems exist that relate to the water tower
that is located nearby. Vehicles make trips to this water tower that present a series of nuisance-related
problems like lights in the night, dust, and fumes, that are all generated from the trucks making trips to the
water tower. Another point made by Mr. Smith was the confusion his clients were having trying to understand
the plans, particularly some of the more specific aspects like tax issues. He said they need staff to explain
the nuts and bolts of the smaller decisions being made, such as who will bear the cost? Another point made
was that a conflict of interest exists since they are not being included in the decision-making process. Mr.
Smith went on to say that one of the property owners he represents reluctantly filed a lawsuit against the City
several months ago, which has been amended several times, and has since been served on the City and
several other owners. Mr. Smith’s clients filed the lawsuit because they felt their complaints were being
disregarded by staff.
Commissioner Welshons, making the point that Mr. Smith did do some overlapping in his statement on this
item with the next agenda item, asked Mr. Smith to be specific on the concerns he has with approving an
extension to the conditional use permit for the Aviara Information Center.
Mr. Smith replied that as written, the language in the conditions does not include certain conditions like the
access problem, to which Chairman Compas replied, “You want the gate open is what you’re saying?” and
Mr. Smith said “yes, that’s the major problem right there.” Additionally, he felt that the nuisance problems
should also be addressed.
Commissioner Welshons asked if the Moore’s lived near the water towers, and Mr. Smith said yes they do.
Commissioner Welshons asked how far away the Moore’s were from the property line. Mr. Smith asked Mr.
Moore (who was in the audience) and was given 2600’, or about l/2 mile, as the approximate distance. Mr.
Smith told Commissioner Welshons that he could get the exact distance to her at a later date, but she said
that would not be necessary; she was just trying to determine what the nexus would be for Aviara to open up
the road just for Mr. Moore to get 2600’ to the south. She added that she was having trouble seeing the
connection. Mr. Smith replied that it wasn’t just Mr. Moore, that there were other property owners. The
bottom line, according to Mr. Smith, is that this is the quickest way to Alga Road, which is the quickest way to
the city to get on to other roads. Mr. Smith added that the other part of the nexus was that these people have
enjoyed this access for 35 years. Commissioner Welshons asked if these residents would be crossing
someone else’s property and Mr. Smith confirmed that yes, they would be.
Commissioner Nielsen asked Mr. Smith, in light of the fact these residents had been using this access for 35
years, did they not have proscriptive rights? Mr. Smith replied yes, he believed so and was looking into the
matter. Mr. Smith went on to say that these residents were using this access road long before Alga Road
was there.
Mr. Grim was asked by Chairman Compas to indicate on the map where the gate was located.
Chairman Compas invited Ronald McKinney to speak.
4% MINUTES
-.
PLANNING COMMISSION June 19,1996 Page 9
Mr. McKinney, 6525 El Camino Real, Carlsbad, who is a property owner with frontage on the future Black Rail
Court, wanted clarification as to if and when Aviara dedicated Black Rail Court from east bound Alga Road to
the property line of Aviara, to the City. If this area has been dedicated to the City, thereby making it City
property, why would Aviara need a CUP and the “spite” strip. Mr. McKinney went on to say that he believes
staff was misinformed when it answered “no” following Commissioner Irwin’s inquiry at the November ? , 1995
Planning Commission meeting if staff had received any complaints in this matter. Mr. McKinney stated that
neighbors in Zone 20 had been at issue with Black Rail Court and Aviara’s spite stripe at least since July
1991, and possibly earlier. Mr. McKinney went on to say that there had been recommendations from City of
Carlsbad department heads requesting funds to complete Black Rail Court from Mello II funds, and the
Coastal Conservancy. Mr. McKinney said that real issues and complaints had been made to Bob Wojcik,
Ray Patchett, Michael Grim, Michael Holzmiller, and Gary Wayne. Mr. McKinney added that Gary Wayne sat
on a Coastal Conservancy Commission and talked against granting the request. In light of his perceived
misinformed presentation to the Commission at its November 1, 1995 meeting, as well as confusion over
whether or not Black Rail Court has been dedicated to the City, Mr. McKinney closed his remarks with asking
the Commission to amend the Resolution for the extension of the CUP to Aviara to include the completion of
Black Rail Court from its present northern terminus to Aviara’s property line, and require removal of Aviara
spite strip.
Commissioner Noble asked Mr. McKinney for his definition of a “spite strip,” to which Mr. McKinney replied
that it was an area of land approximately 1’ - 2’ wide with a ditch in it and a gate or fence, making it
impossible to get access across. Commissioner Noble asked what type of vehicle was required to traverse
the area. Mr. McKinney replied two-wheel drive.
Evelyn McKinney, of 6525 El Camino Real, Carlsbad,. addressed the problems of egress and ingress, which
she states were not problems when Zone 20 was in the County. However, since the property has become
part of the City, the City has continually chipped away at ingress and egress through approval of various
developers maps until there is no legal access left to her property. Mrs. McKinney asked the Commission to
recognize City Manager Ray Patchett’s suggestion in his April 5, 1993 letter to Mr. Moore that the CUP be
conditioned for Black Rail Court to be opened to traffic from the north. Mrs. McKinney pointed out that access
to the west was cut off by the Alga Road extension, and complaints from area residents went unnoticed for
weeks. Finally, with a 45-50% grade on both sides that was completely impassable due to rainy conditions in
the winter, access was provided. This situation made it impossible to get their flowers to market. Mrs.
McKinney added that when Ocean Bluff completes Poinsettia to their street “A” there will be no access for
area residents to Poinsettia west. Mrs. McKinney requested a map from the City to show a planned and
guaranteed continual passable access for the present residents of Zone 20 through the construction phase of
each development, as well as after build-out of each development. In addition to access problems, Mrs.
McKinney stated that insurance on her property had been denied since there is no access. Mrs. McKinney
asked the Commission to consider the health and welfare of area residents with no ingress and egress for
emergency vehicles and an aging community in need of immediate medical attention. She reminded the
Commission of the Planning Commission Resolution No. 3160 which addressed the public’s health and
welfare when it comes to considering applications for CUPS. In closing, Mrs. McKinney requested that the
City condition the Aviara CUP with opening Black Rail Court on her property so that she has ingress and
egress.
Chairman Compas asked Mr. Guy Moore to come forward, who spoke on behalf of: Jean Moore, 6503 El
Camino Real, Carlsbad, Toshiko Muroya, P.O. Box 9000602, Carlsbad, Norborn Tabata, P.O. Box 943,
Carlsbad, Eveyln Tabata, P.O. Box 943, Carlsbad, and George Bolton, 6519 El Camino Real, Carlsbad.
Commissioner Welshons asked Chairman Compas if Mr. Smith hadn’t already spoken on behalf of Mr.
Moore, to which Chairman Compas said yes, but that Mr. Smith had only taken 5 minutes, and not on behalf
of the group of five residents listed above. Chairman Compas asked Mr. Moore if he was speaking on behalf
of the above people and he said yes.
MINUTES
PLANNING COMMISSION June 19, 1996 Page 10
Mr. Moore called the Commission’s attention to a grant of easement by Gordon and Mary Olden to Frank
Ayres dated August 25, 1959. This document includes covenants regarding an easement for roadway
purposes, and right-of-way for installation of public utilities. Mr. Moore stated that this type of covenant
usually travels with the title, and it traveled from Mr. Ayres to Mr. Hunt, and from Mr. Hunt to Mr. Hillman, and
is still in effect. His point was that the easement has already been granted, and, in fact, 60’ of land was
swapped for the right-of-way that was demanded by the County from Mr. Ayres and himself to provide
circulation. He feels that now the City wants to renege on the agreement. Mr. Moore went on to say that Mr.
Hillman has both the authority and the responsibility to build Black Rail Court, which was part of the covenant.
Mr. Moore stated that if Black Rail Court wasn’t developed by Aviara, it would probably never be developed.
Mr. Moore quoted from the minutes of Poinsettia Hill, January 5, 1994, pg. 3, paragraph 8, “Commissioner
Savary requested Mr. Hauser to reply to Commissioner Welshons’ question. David Hauser, Asst. City
Engineer stated, ‘One of the first things staff did in evaluating a project was to require the applicant to sit
down with the adjacent property owners and work out an overall circulation access plan. When the overall
picture was evaluated, staff concluded that the proposed access is the best available one that would serve
all of the property owners and still maintain the 1200’ intersection standard on Poinsettia Lane.” Mr. Moore
stated that the proposed connection to the proposed location is in conflict with the City’s design standards
and was denied by the Commission, Mr. Moore went on to intimate that the City was holding secret back
room meetings.
No questions were asked of Mr. Moore. Chairman Compas asked if there were any others in the audience
who wished to speak on this item. There were none. At that time, Chairman Compass asked the applicant to
come back for his rebuttal.
Applicant Larry Clemens of Aviara Land Associates, 2011 Palomar Airport Road, Suite 206, Carlsbad,
returned to give his rebuttal. Mr. Clemens pointed out to the Commission that he had received the letters
from the property owners only this evening, and hadn’t had time to review them. He next pointed out that the
testimony given had no relationship whatsoever with his request for the CUP. As such, Mr. Clemens’ rebuttal
included the following points: With regard to Thomas Smith’s testimony, there is not nexus between the
property owners access and operating the Information Center. There is an existing gate which serves to
discourage illegal dumping that tends to occur on unattended property. This is private property, and he feels
that it should be respected as such. He added that this is not a spite strip, rather it is a protection of property.
With regard to funding facilities, Aviara has paid its share of public facilities, and there are no public facilities
that are in detriment here as a result of anything Aviara is doing. All actions on Aviara that have been
discussed have taken place over the course of ten years in a public hearing - no back room meetings. He
emphasized that there have been extensive public hearings, done both by the City as well as Aviara to
explain and discuss the project. He went on to say that he felt it was an inaccurate statement that property
values have decreased, and rather, have greatly increased as a result of the public facilities and other
amenities that have been added in the Aviara Master Plan. The nuisance factor was addressed by stating it
had nothing to do with the Information Center, but resulted from another source. With regard to Mr.
McKinney, the signs he refers to are stop and street identification signs and are on private property. Black
Rail Court is on private property and signs are there for directional purposes. Another point on the
improvement agreement states that Aviara has no obligation to install a continuation or to improve Black Rail
Court until such time as there is a future intersection, to which Black Rail Court may be extended from
Aviara’s boundary. That would be Poinsettia and Black Rail. So until that exists, there is no obligation to
pave Aviara’s section of Black Rail Court. Regarding Mrs. McKinney, Mr. Clemens said during the hearing on
Poinsettia, it was the McKinneys who were disagreeing with Poinsettia being extended, yet tonight the
message was that Poinsettia needed to be extended. He found this to be a conflict in testimony. Mr.
Clemens added that when Aviara installed their section of Poinsettia through the northern tip of its property
next to the park, this Commission and the City Council approved to leave La Costa Blvd. in place while the
construction of Poinsettia was taking place so that the passage way would be just as you have it today.
When Poinsettia is paved, that is when the old route disappears. Regarding Mr. Moore and the easement he
read to the Commission, it is an easement that is in favor of Aviara. It says that they have access and the
I&
MINUTES
-
PLANNING COMMISSION June 19, 1996 Page 11
right to install utilities. It is a grant, and there was some implication by Mr. Moore that there was some
obligation that went along with that, but there is no obligation. This has been used to serve water facilities for
Aviara.
Commissioner Welshons asked when the dedication of Black Rail Court to the City occurred. Mr. Clemens
said it was done with the approval of the CUP. Commissioner Welshons asked if that was 1990? Mr.
Clemens said correct. Commissioner Welshons asked if it had been on the books and the City has not called
it in yet? Mr. Clemens said that was correct.
Chairman Compas asked for an estimated time when Aviara will develop the Black Rail Court area. Mr.
Clemens estimated it to be between three and five years.
Chairman Compas closed the public testimony and asked staff to provide additional information.
Commissioner Heineman asked Chairman Compas for clarification on whether agenda items 3 and 4 were
being lumped together, to which Chairman Compas replied, “no.”
Asst. City Engineer David Hauser stated that some of the issues that were brought up really were not
germane to what is being addressed tonight, specifically, the alignment of Poinsettia Lane, which was set
during another process and it is not for discussion tonight. With regard to Thomas Smith and the fact that
access has been available over the past 35 years, Mr. Hauser noted that there is no documentation of this
fact. Basically Black Rail Court came out to the knoll and stopped, but it was not to a public road that these
residents have had historical access rights to. With regard to the nuisance issue, that’s part of the lawsuit
and has no relevance to tonight’s discussion. Regarding the McKinney’s testimony and the status of the
dedication, it appeared to be a standard easement form that was recorded. The City processed it, accepted
it, and recorded it. He stated that he could go back to look at the specific language on it and report back to
the Commission. There is also a future improvement agreement that has been recorded against the property
that says that at some time in the future if the City’s wants to have this road built, the City Engineer can
request it after 20 days notice, and then ask 60 days after that time to construct the road, and if they don’t
construct the road, the City has the option of constructing and then putting a lien against their property.
Chairman Compas asked, if that was the road to their property line? Mr. Hauser confirmed. .
Mr. Hauser went on to say that the City Engineer’s office has a set of improvement plans that have been
prepared and signed by the City so the City has everything that is necessary for building this road if so
desired. It has been the City’s position, however, that it does not want the road built at this time, and that
there wasn’t a real nexus for this particular development. Further, to build the road the way it is shown on the
plans right now it would come up with a 10’ slope at the property line and you would have to go about 200’ off
of the site to get the appropriate grades to make the access point useable, which would set up a situation of
opening up a road and there are water lines that would need to be relocated, adding to the expense. It would
set up the situation where there would be a lot of traffic from residents having to cross private property
without the associated easements. With regard to the document brought in by Mr. Moore, Mr. Hauser had
not seen it before tonight, but would be interested in further researching it. He agreed with Mr. Clemens that
Hillman has the right, but not an obligation to build improvements. The confusion surrounding this matter
probably has to do with the owners swapping 60’ for the right-of-way for utilities that was mentioned earlier in
testimony by Mr. Moore. It may be misconstrued that it is an obligation, when it is not. With regard to Mrs.
McKinney and no legal access, Mr. Hauser said he was not prepared to answer this. He did say that the City
has recognized this as a proscriptive right, and that this goes along with access to private property. People
who subdivided have to allow access, even if it means going through their property. There are common law
rights that state a property owner has the right to get in and out of his property to public roads. Mr. Hauser
said that construction has taken place on both ends and agrees that some unforeseen problems did arise as
a result due to timing factors and inclement weather conditions, but that the grade was closer to 15 or 12%.
PLANNING COMMISSION June 19, 1996 Page 12
Mr. Hauser closed with the statement that there are many dirt roads connected to public roads allowing
access back and forth.
Chairman Compas asked if there were any more questions of staff, and Commission discussion. There were
no questions and no discussion.
Commissioner Nielsen noted his wncern that he was confused over this issue and the one that follows, and
the discussion that had taken place, because issues had been raised that had nothing to do with the
extension of the CUP. Chairman Compas replied that many of things that had been discussed will relate and
be pertinent to the next agenda item.
ACTION: Motion by Commissioner Welshons, and duly seconded, to adopt Planning Commission
Resolution No. 3949 approving a five-year extension to a conditional use permit CUP
90-07 (CUP 90-07x1) based upon the findings and subject to the conditions contained
therein.
VOTE: 7-o
AYES: Compas, Heineman, Monroy, Nielsen, Noble, Savary, Welshons
NOES: None
ABSTAIN: None
Chairman Compas closed the public hearing for this agenda item.
- - EXHBIT 5
APPEAL FORM
I {We) appeal the following decision of the Carlsbad Plannincr
9 to the City Council:
Project Name and Numb'er (or subject'of appeal): Pile C.U.P. 90-07x1
@f ~JsQfkVg3~4P
Date of Decision: June 19, 1996
Reason for Appeal: Denial of access to Alga Road.
Access to Public Health and safety facilities, for Community on
Black Rail Road.
Nusiance and lack of convenience to personal and business traffic having to use primitive La Costs Boulevard, a public road, wh.ii=h
65c93 EL P**,& &A
Address
G/4) $38~//7U
Teldphone Number -
1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (619) 434-2808 @
-
June 21, 1996
City Clerk - City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008
In order to provide administrative economy and public
convenience would you be so kind as to docket C.U.P. 90-07x1
immediately before C.T. 92-03-A Aviara Phase III Revision
on the Council Agenda ? Mike Grim of City Planning Staff
concurs with this suggestion.
Thanking you in advance for your kind consideration of our
request, we remain
cc: M. Holtzmiller
P.S. Would you be so kind as to inform me as soon as an
agenda date has been established so I can notify out
of town people who are, affected ?
.
August 12,1996
TO: CITY MANAGER
FROM: Fire Chief
EMERGENCY RESPONSE TO BLACKRAIL DRIVE
At the City Council meeting of August 6, 1996, Council and citizens voiced concern
regarding the ability of Police and Fire to respond in a timely manner to emergencies in the
area of Blackrail Drive. On the following day, staff surveyed the area and found that under
normal weather conditions, the existing primary response routes will permit emergency
response within five minutes. Estimated travel time from Fire Station four at Batiquitos
Drive at Buttercup, to the CMWD tank site at La Costa Boulevard at Blackrail, is five
minutes. Although the distance is approximately 1.5 miles, the 30 MPH average speed
standard cannot be applied since 60 percent of the distance traveled is over unimproved
roads and some irregular terrain. The response time will reduce to approximately four
minutes when the Northern extension of Alga Road is completed.
Emergency units from Fire Stations two and five currently enter the area from the
intersection of La Costa Boulevard at El Camino Real. The response time of these
secondary responders is approximately seven minutes. A f?.~lly improved connection from
Alga Road to the existing, unimproved Blackrail Drive would reduce the response time of
the secondary unit from fire station two. However, installation of traffic control devices
such as gates along the route would negate the benefit of the connection.
It should be noted that the most significant problem associated with emergency service to
residents on Blackrail Drive and La Costa Boulevard is the condition of the roads in the
area. .-Jccess from El Camino Real to the East and Camino de 10s Ondas to the West is
impeded by dirt roads and irregular terrain, requiring reduced speeds. It is also probable
that during periods of rain, response will be significantly slowed or precluded entirely due
to difficult or impassable road conditions.
DENNIS J. VAN DER MAATEN
DV:hLIS:ms
. FUG-12-96 MON 1:13 raQLSBAD FIRE DEPT FAX NO. 6199290256 P, 01
N f
P&mar Airport Road
Fire Station 5
El Cemino Real w
Pasea de1 Norte
gaw
Blackrail t ~
Aviara Info Canter
Alga Rd Extension
FT- ;-;“,g.g-
-5 I Fire litMen 4
Alga Road
Fire Station 2
Legend
Unimproved road
L Improved road
--I)---- Ultimate response route
.~~-~~--~.~~~~~-- Current response route
n Residential structure
n
(Not to scale)
-.-- -_-.- ---.-
Dept. -
FMP
Phone X
Fax # 29 oiLs-z ,
August 13, 1996
To: City Council
From: Assistant City Engineer tm*
I ,?-G
DATE Clfi MANAGER w cc
ADDITIONAL CONDITION FOR AVIARA INFORMATION CENTER
(CUP 90-07X1)
At last weeks Council meeting, I stated during the response to public testimony that
the City had accepted the dedication of Black Rail Court across the Aviara
Information Center site. During the past week, I again reviewed the City files for
CUP 90-07 to verify the project information for tonight’s Council hearing. During my
review, I discovered that what I thought was the dedicated road easement was in
fact a dedicated waterline easement. Upon further research, I determined that
Aviara had in fact never made the.offer of dedication for Black Rail Court as required
pursuant to the original conditions of approval for the Information Center conditional
use permit.
To correct this situation, I recommend that the City Council add a condition to the
project which requires that Aviara make the required dedication within 30 days of
the decision on the appeal or the extension will be null and void. The proposed
wording of the condition is as follows:
“The property owner shall make an offer of dedication for the future
extension of Black Rail Court from Aviara Parkway to the northern
boundary of the project site to the satisfaction of the City Engineer.
Said offer shall be made within 30 days of the Council decision on the
appeal of the CUP 90-07x1 or the approval of the extension shall
become null and void. Said offer of dedication shall be rejected by the
City until such time as the City Council determines that the road
easement is needed for the benefit of the traveling public.”
David Hauser
Assistant City Engineer
C City Manager
City Attorney
City Engineer
Curt Noland - Aviara
-.- _. ..-. T;-&#&#L;;&-~e ._ ” _ . . . .
-.___ _.__._ -__ ,,..?” I_
_” _ ._._ . ___ “_ .--.-.. . -
-l _.- _. --- -2__ * --- COBBLES, ONE There are no legal 200 UNITS
F---- ---
j .._ -- .._ -- . --
i ocean bluff , 100 units
easements North of
the tanks .,
I
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_-_ -- - . ..--_..- _ _ _.__. .-- ----- _ DzkT.z--& -J g/d/sG --
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! .
enAur OF PASEL’ENT
GORUOX I). OLTON and MARY JANE
hereby grant to FIIANK II. AYRES 4 SON,
1343 . .
I It I’ ’ : +~m~* -.a.-.... 5[15 ::o.ci :s:
. ! YIY TiTLE IN9JiJKf co m.e. .
!y;; 7:. 3 0, * 81 ‘;;#
. . ;a.;, a I ..# . !.\ : RJG ;. :.. ,.a!.. xrr.i.
OLYON, hlm rife, do
* corporation, an e*so-
acnt for roadway purposea and right-of-ray for inetallrtlon
of public utllltlrlr and plpclincr over property alturted ln
? /’
7 :- / .
. . -.* . . i 8 :. I . .
the County of San Ulc~o, Stltc? of California, dascrlbrd aa follo=s:
Portions of Scctlon 22 and Section 27 of Township 12 Soulh, Hangc 1 Kemt, SDSM, County of
San Ditgo, st?tc of Callfornla, drscrlbed aa follove:
Dcglnnlnp, at th+- lnterscctlon of the North-South
ccnttr llnc nf raid Scctlonn 22 and 27 with thr Southerly
boundary nf Cectlon 22 (qelnp also the lorthcrly boundary
of stctlon 27) thcncr at right angles rlth arid ctntcr
lllw Eaatcrly 30 fcrt; thcncr Northrrfy parallel with
rrld crntr-r llnr fifiIJ fcpt; thence wcetcrly. rt right annlcm rlLh ma111 ccntrr llnc G(I f-cl; thence Southerly parallel with nrltl cfntcr line 1980 fret; thence rt
right rnglra with said erntrr linr 30 feet to raid
ccnter Ilnp: thcncr Northerly along maid ecntcr line
1320 fret morn or lrarr to pnlnt of bcglnnlnp.
to hd. *tscJ by ;hr. Crantrc: . ..,. .- .<,-.., i.q--:....ew . . . . ..-Y’~,.ww..ir.,r __-.,..-. -O*-rL .-._-..-......-. tncr*thcr with othcrm and thrAublic --
ln ccnrr8 I, for such rnaclmry purpuscn and rlghtf-,!I-way for -, ,<;i:\i. , :-“l,.._. a.... . - -_.... --_ . -. _
lnmtallaflnn O~JIIIIIIIC ulllltlrn and plp~llncm, rlth the full .._- _--. ---^. ._____- --__-_. .__ . . w.....
Ilo-rr v~mtrd 111 111~ Gr;Intr*a. \I# granl nr d~dlcalc ruch eascnent . . _.- . ..- -t.-- ._ . - .
or right-of-rry 11, any publlr bwly as r puhllc rrtrrrl and the --.- --I.. -._.-....I-&.- a.-.--A.,-_. -_--.-- .._-_ -Mu-.*.. ..“,*-.----.A,
right tn grant io nilwrn the rIp.ht tn lry p1pellnr.s nr Install . . ., _ -. .
utllltlcu of tht. USC:II.I I klncl nvrr salt1 prnpcrty, . . . . -. . _..__ ,_.. _ ~ __.__ ..m-i _. A .
ua tct1: .
GOXUON U, OI.‘foh’
STAT): OF C,\I.JFLllrSl.\, 1 .
County ?f San ~Bl*a~:n. f
wn. 1
-:
‘( , 1949, bpfnrr. IIP Lhp unrlrr- In anal. fnr s;llrl Cn*lnty and ;;a\~, l,c.r-
‘if. t 0 br-
tll.TW~ rnrl U\IIY JAtil: ol.‘fos, k,,,,.,, Lo
t hf. ,” , .a IPIIH l I, 0f.l nam4 T *rr su~~~crlbr tl to LIw •lti~~t, j.~strumrnL .CII,I .~~.I.M*vA I, rIl:~.~l “; tl13t Ilwy r*x~.rutraI tha. sari,, .
. . :. ‘. . * \,I’Tbl. “; :..,:*t d?l.l l~lflrlal *:aa1.
. . . i ‘,,,, \.> ‘%%‘,I c I I \ ?.:,ll:<l.ll\i
c 1’1“ rd.! Ml:
hi
.I\.., ‘$,’ i’<>l,,, F<*,rn 2360054
SCHEDULE B
This policy does not insure against loss or damage by reason of the. following:
PART ONE:
1. Taxer or asscsrments which are nor shown as exisclng lime by the records of any taxing authority that levia PJ- or assessments on real property or by the public records.
2. Any facts, rights. tnrcresrs,or claims which are not shown by the public records but which could be ascertained
by an inspccrion of said land or by making Inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances whtch are not shown by rhc public records.
1. Dlstrepanctes, conflicts in boundary lines, shortage in area. encroachments, or any other facts which a corrw sur-
vey would dtsclose, and which arc not shown by the public records.
5. Unpatented mining claims; reservations or exceptions water rights. claims or trrle to water. in patents or in Acts nurhorizing tk iuurna tkrsd;
PART TWO:
1.
2.
3.
4.
5.
County and special district taxes for the fiscal year 1966-1967, a lien not yet payable.
An easement for roadway purposes and right-of-way for installation of public utilities and pipelines over the Westerly 30 feet of said land as granted by deed recorded August 26, 1960, as File No. 174500.
An easement over-said land for poles, wires and incidental purposes, as granted to the San Diego Gas and Electric Company, by deed recorded June 24, 1965, as File No. 113018.
The route thereof across said land is more particularly described as follows:
Within the Easterly 12.0 feet of the Westerly 30.0 feet of the herein described property.
An easement over said land for poles, wires and incidental purposes, as
granted to the San Diego Gas and Electric Company, by deed recorded
March 31, 1966, as File No. 54149.
The route thereof across said land is more particularly described as follows:
Within the Westerly 50.00 feet of the Northerly 6.00 feet of said land.
An easement over said land for communication structures and purposes incidental thereto as conveyed to The Pacific Telephone and Telegraph Company, by deed recorded May 25, 1966, as File No. 87070.
Said structures shall be located on the Westerly 30 feet of said land and the grant ants for himself, successors and assigns
not to place or maintain building or structure thereon.
--------I------
Page Three
MINUTES MEETING OF APRIL 21, 1992
CARLSBAD AGRICULTURAL IMPROVEMENT REVIEW BOARD
Review Board Members and Advisors Present:
Jason Jackson, Soil Conservation Service
Wayne Schrader, UC Cooperative Extension
Dick Wayman, State Coastal Conservancy
Gary Wayne, City of Carlsbad
Others Present:
Penny Dockry, Palomar-Ramona-Julian Resource Conservation District
Guy Moore and other residents of Black Rail Road area
Improvements to Black Rail Road: Guy Moore and other residents of the Black
Rail Road area reiterated their proposal that CAIF be used to improve access
to their production facilities. Gary Wayne agreed to discuss the issue
further with City of Carlsbad personnel. There may be a role for CAIRB in the
future.
Use of City of Carlsbad Emplovees for Cost-Share Grant Proqram: Gary Wayne
reported that City of Carlsbad employees would not be available to help
administer the cost-share grant program that was proposed to CAIRB at the
February 25, 1992 meeting.
Consideration of Competitive Research Grant Program: Wayne Schrader presented
a proposal that CAIF be used to establish a grant program that would encourage
research projects for the benefit of Carlsbad agriculture. He will work with
Dick Wayman and the Palomar-Ramona-Julian RCD on a proposal to consolidate the
administration of this research grant program and the PRJ-RCD's cost-share
grant program. This proposal will be presented to CAIRB at its next meeting;
The next meeting of CAIRB was scheduled for Tuesday, May 19, 1992, at 1:00
p.m.
2
C.4 Concentrate more intense industrial uses in
those areas least desirable for residential development -
in the general area of the flight path corridor of McClellan-
Palomar Airport.
C.5 Protect the integrity and promote the identity
of industrial districts by bounding them by significant
physical features such as primary streets, streams and
railroads.
C.6 Ensure that the physica development of
industrial areas recognizes the need for compatibility
among the industrial establishments invoIved and does not
permit incompatible uses.
C.7 Recognizethat the existing boundaries ofthe
industrial corridor along Palomar Airport Road reflect the
impact of the present size and operation of the airport
especially as it relates to residential type uses. Therefore,
no expansion of the boundaries of the airport should be
considered, without authorisation by a majority of the
Carlsbad electorate as required by Carlsbad Municipal
Code Section 21.53.015.
C.8 Require new industrial specific plans to
provide, within the proposed development, a commercial
site designed to serve the commercial needs of the occu-
pants of the business park. Such a site should be located
generally at the intersection of prime, major or secondary
arterials in consolidated centers. At least one comer ofone
such intersection must be developed as commercial unless
the applicant can show why another nearby site is better.
C.9 Allow, by conditional use permit, ancillq
commercial, office and recreational uses when clearly
oriented to support industrial deveIopments and their
populations. These incIude but are not limited to commer-
cial services, conference facilities, daycare centers, recre-
ation facilities and short term lodging.
C.10 .Require new industrial devetopment to be
located in modem, attractive, well-designed and land-
\ scaped industrial parks in which each site adequateiy
’ .._ provides for internal traffic, parking, loading, storage,
and other operational needs.
C. 11 Regulate industrial land uses on the basis of
performance &dards, including, but not limited to,
noise, emissions, and traffic.
Cl2 Control nuisance factors (noise, smoke,
dust, odor and glare) and do not permit them to exceed
city, state and federal standards.
C.13 Require private industrial developers to
provide for the recreational %eeds of employees working
in the industrial area.
C.14 Screen all storage, assembly, and equip-
ment areas compIetely from view. Mechanical equip-
ment, vents, stacks, apparatus, antennae and other appur-
tenant items should be incorporated into the total design of
structures in a visually attractive manner or should be
entirely enclosed and screened from view.
C.15 Analyte the feasibility of zone changes to
redesignate the Commercial Manufacturing Zone and the
Manuf’dctuting Zone as Planned Industrial Zones.
AGRICULTURE
OALS
A. 1 A City which prevents the premature elimi-
lation ofagricultural land and preserves said lands wher-
:ver possible.
A.2 A City which supports agriculture while
planning for possible transition to urban uses.
6. OBJECTIVES
B. 1 To permit agricultural land uses throughout
he City.
B.2 To c&serve the largest possible amount of
undeveloped land suitable for agricultural purposes,
hrough the willing compliance of affected parties.
- -
l ,y
B.3 To develop measures to ensure the compat-
ibility of agricultural production and adjacent land uses.
C. 1MPLEMENTING POLICIES AND
ACTION PROGRAMS
C. 1 Support and utilize all measures available,
including the Williamson Act, to reduce the tlnancial
burdens on agricultural land, not only to prevent prema-
ture development, but also to encourage its continued use
for agricultural purposes.
C.2 Participate with neighboring cities and
communities in projects leading to preservation of agri-
cultural resources and other types of open space along
mutual sphere of influence boundaries.
C.3 Consider the acquisition oflands or property
rights for permanent agricultural uses through methods or
means such as trusts, foundations, and city-wide assess-
ment districts.
C.4 Attempt to preserve the flower fields or lands
east of I-5 to the first ridgeline between Cannon Road and
Palomar Airport Road, through whatever method created
and most advantageous to the City of Carlsbad.
C.5 Buffer agriculture from more intensive
urban land uses with mutually compatible intermediate
land uses.
C.6 Encourage soil and water conservation
techniques in agricultural activities.
ENVIRONMENTAL
A. GOAL
A City which protects and conserves natural
resources, fragile ecological areas, unique natural assets
and historically significant features of the community.
C.7 Require comprehensive environmental re-
view in accordance with the California Environmental
Quality Act (CEQA) for .a11 projects that have the poten- i
i 1
I.
tial to impact natural resources or environmental features. c
B. OBJECTIVE
To establish the preservation of the natural habi-
tat of the rivers, river banks, streams, bays, lagoons,
estuaries, marshes, beaches, lakes, shorelines and can-
yons as a high priority.
C. IMPLEMENTING POLICIES AND
ACTION PROGRAMS
a
C. I Preserve Buena Vista Lagoon and Batiquitos
Lagoon as visual resources and wildlife preserves.
C.2 Ensure that slope disturbance does not result
in substantial damage or alteration to major significant
wildlife habitat or significant native vegetation areas
unless they present a fire hazard as determined by the Fire
Marshal.
C.3 Ensure that grading for building pads and
roadways is accomplished in a manner that maintains the
appearance of natural hillsides.
C.4 Relate the density and intensity of develop-
ment on hillsides to the slope of the land to preserve the
integrity of hillsides.
C.5 Limit future development adjacent to the
lagoons and beach in such a manner so as to provide to the
greatest extent feasible the physical and visual accessibil-
ity to these resources for public use and enjoyment. .
C.6 Ensure the preservation and maintenance of
the unique environmental resources of the Agua Hedionda
Lagoon while providing for a balance of public and
private land uses through implementation of the Aqua
He&Qnda Land Use Plan.
.
L.
I
L
a
1 1
I
! L
1
/ 1
I
I
L
L
L
L
L
c
L
1
L
1
Page 36 Rev. g/94
.‘. .
21.39.010
’ Chapter 2139
L-C LIMITED CONTROL ZONE -
section!x
2139.010 Intent and purpose.
2139.020 Permit&eduses.
2139.030 Conditional uses.
2139.040 Minimum area.
2139.010 Intent and purpose.
The intent and purpose of the L-C zone is to
provide an interim zone for areas w&re nlanning
for future IandI’uses has not been completed or
&ns of development have not been formahzed. -- --...._ WI-.,--- After proper planning or plan approval has been
completed, property zone L-C may be rezoned in
accord with this title. (Ord. 9441$2 (part), 1975:
Ord. 9337 5 6 (part), 1973)
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2139.020 Permitted uses. .
In the L-C limited control zone, the only per-
mitted uses are those permitted by Section
21.07.020 for the Ed exclusive agricultural
zone. (Ord. Ord. 94419 2 (part), 1975: Ord. 9337
§ 6 (part), 1973
2139.030 Conditional uses.
Notwithstanding any other provision of this
,title, no conditional uses shall be permitted in the _ ._ .~ . ..- r~ L-C limited control zone. (Ord. 9441 $2 (part),
1975)
2139.040 Minimum area.
Except when imposed by operation of Section
21.61.020 of this code, the L-C limited control
zone shall not be applied to an area less than one
acre. (Ord. 9540 9 1, 1980: Ord. 9441 § 2 (part),
1975)
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. * 21.07.010
c.
Chapter 21.07
E-A EXYCLUS1t-E AGRI~LTLRAL ZONE
Sections:
21.07.010
21.07.020
21.07.030
21.07.040
21.07.050
21.07.060
21.07.070
21.07.080
21.07.090
21.07.100
2X.07.1 10
21.07.120
Intent and purpose.
Permitted uses and structures.
Permitted accessory uses and
structures.
Uses and structures permitted
by conditionaluse permit.
Lot area minimum.
LOZ width, minimum.
Front yard.
Side yards.
Rear yard.
Building height.
Lot coverage.
Development standards.
. . 21.07.010 Intent and purpose.
The intent and purpose of the E-A zone dis-
ttict is to:
( 1) Provide for those uses. such as agriculture.
which are customarily conducted in areas which
are not )rer approptiate or suited for urban devel-
opment:
(2) Protect and encourage agricultural uses
wherever feasible:
(3) Implement the goals and objectives of the’
general plan;
(4) Recognize that agricultural activititi are a
necessary part of the ongoing character 6f Caris-
bad: .’ (5) Help assure the continuation of a healthy.
agricultural economy in appropriate areas of
Carlsbad. (Ord. 9384 Q 2 (part),” 1974)
(,
21.07.020
+j.$
Permitted uses and structures.
In the E-A exclusive agricultural zone only the
following uses and structures are permitted sub-
ject to the requirements of this chapter and to the
development standards provided in Chapters
21.41 and 21.44:
( I) Cattle, sheep. goats and swine production,
provided that the number of any one or com-
bination of said animals shall not exceed one
animal per half acre oflot area Said animals shall
not be located within fifty feet of any habitable
structure. nor shall they be located within three
hundred feet of a habitable structure on an
adjoining parcel zoned for residential uses. nor
shall they be located within one hundred feet of a
parcel zoned for midentiai uses when a habita-
ble structure is not invol&l. In any event. the
distance from the parcel zoned for residential
uses shah be the greater of the distances so indi-’
cated;
(2) Crop production: /
(3) Floriculture: & :
! (4) m.fhan two thousand
i square feet. provided ail rquirements for yard I
1 setbacks and height are met:
(5) Horses. private use:
(6) Nursery crop production:
(7) Poultry: rabbits. chinchillas. hamsters and
other sm& animals. provided not more than
twenty@e of any one or combination thereof
shall-.be kept within fifty feet of any habitable
struc’turc. nor shall they be located within three
hu%tdred feet of a habitable structure on an
,$djoining parcel zoned for residential uses. nor
shall they be located within one hundred feet of a
parcel zoned for residential uses when a habita-
ble structure is not involved. In any event. the
distance from the pat-cd zoned for residential
uses shall be the greater of the distances so indi-
cated:
(8) Roadside stand for display and sale of
products produced on the same premises. pro-
vided that the floor area shall not exceed two
hundred square feet and is located not near
than twenty feet to any street or highway;
(9) T= farms:
( 10) Truck farms:
(II) Wildlife refuges and game preserves:
(12) Other uses or enterprises similar to the
above customarily ctied on in tie field ofgen-
exal agriculture:
562
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( 13) Signs subject to the provisions of Chapter
21.41;
(14) Satellite television antennae subject to
the provisions of Section 2 1.53.130 of this code.
(Ord. 9804 $6 (part), 1986:.Ord. 9785 $2, 1986:
Ord. 9674 $2 (part), 1983; Ord. 9427 § I, 1975:
Ord. 9384 $2 (part), 1974)
21.07.030 Fermittedj.so~wwsand ._- strucQJgg&
The following accessory uses and structures
are permitted on the same terms as the permitted
uses specified in Section 21.07.020:
( 1) Accessory uses and accessory buildings
and structures, including but not limited to pri-
vate garages, children’s playhouses, radio and
television receiving antennas, windmills, silos.
tank houses, shops, barns, offices. coops.
lathhouses. stables. pens, corrals, and other sim-
ilar accessory uses and stnrctures required for the
conduct of the permitted uses;
(2) Farmhouse, single-family dwelling;
(3) Guesthouse:
(4) Home occupation;
(5) Mobile homes certified under the
National Mobilehome Construction and Safety
Standards Act of 1974 (42 U.S.C. Section 5401 et
seq.) on a foundation systems pursuant to Sec-
tion 1855 1 of the
(Ord. 9599 8 1 (part), 1981: Ord. 9502 § 4,
Ord. 9384 4 2 (part), 1974)
21.07.040 Uses
conditiollilusc_gcmit+
Subject to the provisions ofChapter 21.50. the
following uses and structures arc permitted by
conditional use permit if adjoining land uses are
transitional in nature:
(1) Apiary, provided that all hives or boxes
housing bees shall be placed at least four hundred
feet From any street, school, park, R zone, or
from any dwelling or place of human habitation
other than that occupied by the owner or care-
taker of the apiary;
(2) Aviaries;
‘1.07.020
(3) Poultry, rabbits. chinchillas. hamsters and
other small animals in excess of the number spec-
ified in Section 21.07.020:
(4) Farm employee housing for persons work-
ing on-site, provided the number. of units shall
not exceed two per gross acre of land area and no
such housing is located closer than fifty feet from
any lot line;
(5) Hay and feed stores:
(6) Nurseries, retail and wholesale:
(7) Packing sheds and processing plants for
farm crops, similar to’those being grown on the
premises, provided no such processing plant is
located within fifty feet of any lot line:
(8) Public works projects:
(9) Sanitary landfills. temporary;
(IO) Stables and riding academies. public:
(11) Greenhouses tueater than two thousand
square feet. provided all rquirements for yard
setbacks and height are met. (Ord. 9545 5 1.1980;
Ord. 9507 8 1, 1978: Ord. 9427 0 2, 1975: Ord.
9384 8 2 (parth 1974) _’ /*
21.07.056” Lot area, minimum.
required area ofa lot in the E-A
shall conform to the area expressed
less than the number following the
563
zoning symbol on the official zoning map, except
that in no event shall a lot be created into less
than ten acres in arra
Example: E-A- 15 shall mean fifteen-acre mini-
mum lot required. (Ord. 9384-g 2 (part), 1974)
21.07.060 Lot width, minimum.
Every lot hereafter created in the E-.4 zone
shall maihtain a minimum width at the rear line
of the required front yard of not less than three.
hundred feet. (Ord. 9384 0 2 (part), 1974)
21.07.070 Front yard.
No building or structure. except as otherwise
provided by this chapter, shall be erected or
placed less than forty feet from the front lot line.
(Ord. 9384 5 2 (part), 1974)
-- PAGE ;-
. 21.07.080
21.07.080 Side yards.
Every lot and building site shall have a side
yard on each side of the lot or building site,. and
each side yard. except as otherwise provided by
this chapter.shall be not less than fifteen feet in
width. (Ord. 9384 3 2 (pait), 1974)
21.07.090 Rear yard.
Every lot and building site, except as otherwise
provided by this chapter, shall have a rear yard
not less than twenty-five feet in depth. (Ord.
9384 9 2 (part), 1974)
21.07.100 Building height.
Yo building used for dwelling purposes. wher-
ever located. and no building or structure used
for other than dwelling purposes and located less
than one hundred feet from any property line.
shall exceed two stories or thiny-five feet in
height. whichever is the lesser. A building or
structure used for other than dwelling purposes
and located one hundred feet or more from any
property line may exceed thiny-five feet in height
pursuant to conditional use pennit. (Ord. 9384 S
7 (part). 1974)
2X.07.1 10’ Lot coverage.
Lot coverage with buildings and structures
shall not exceed forty percent of the lot. Buildings
and structures used for growing or raising plants
are not counted as coverage. (Ord. 9427 9 3,
1975: Ord. 9384 5 2 (part), 1974)
21.07.120 Development standards.
No one-family dwelling unit, whether it be
conventionally built. modular or a mobile home,
shall be located on a lot in this zone unless such
dwelling unit complies with the following devel-
opment standards:
( 1) Each dwelling unit shall have a two-car
garage. which is architecturally integrated with
and has an exterior similar to the dwelling unit.
Such garage shall have a minimum dimension of
twenty feet square. -+
(2) All dwelling units shall have a permanent
foundation. For mobile homes a foundation sys-
tem installed pursuant to Section 18551 of the
State Health and Safety Code shah satisfy the
requirements of this section.
(3) Exterior siding material shall be stucco.
mason*. wood or brick unless an alternative
extetior material is approved by the land use
planning manager. The land UK planning man-
ager may approve a siding material other than
those listed in this section only if he finds that use
of such material is in harmony with other dwell-
. ing units in the neighborhood.
(4) All roofs shall have a pitch of at least three
inches in twenty inches unless another pitch is
approved by the land use planning manager. Yo
roof shall be made of corrugated. extruded or
stamped metal.
(5) All dwelling units shall have a minimum
width of twenty feet. (Ord. 126 15 37.1983: Ord
9599 !j 2 (part). 1981)
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6-87-680
Page 9
water features, the use of reclaimed water and the runoff control/irrigation
associated with the golf course operations. The plans and/or other
information shall be subject to the review and written approval of the
Executive Director. The information shall specify that neither the use of
water pumped from Batiquitos Lagoon for such features nor the outflow of water
from the water features is proposed; nor that runoff containing pesticides,
herbicides or other toxics will be collected or concentrated for discharge
into the lagoon.
14. Siqnaqe. Prior to the -issuance of the coastal development permit,
the applicant shall submit a comprehensive sign program for Phase 1 of the
project. The sign program shall prohibit the erection or placement of tall
freestanding (other than eight-foot-high monument) or roof signs and shall
prohibit any off-site signs. The sign program shall be subject to the review
and written approval of the Executive Director.
l . 15. Lagoon Siltation/Fiih h Wildlife Aqreement. Pri.or to the Issuance of . :
the coastal development permit, the applicant shall enter into an agreement
with the State Department of Fish and Game or other fish and wildlife
management agency acceptable to the Executive Director. The agreement shall
: assure that if, as a result of the proposed development for which the
applicant is directly responsible, siltation occurs within the wetlands of
Batiquitos Lagoon which the Department of Fish and Game or other controlling
agency determines is significantly and adversely affecting the biological
productivity of the lagoon, the applicant shall take all necessary and
feasible steps to correct and restore the lagoon under the direction of the
identified management authority.
IV. Findinqs and Declaratfons.
The Commission finds and declares as follows:
1. Project Location/Site Oescription The plan area of the Pacific Rim
Master Plan is located in southern Carlsbad east of Interstate #5. The 1,402
acre site includes the majority of the eastern basin and wetlands of
Batiquitos Lagoon (387 acres) and 1,015 upland acres along the north shore of
.the lagoon. The topography of the uplands is characterized by a series of
north-south trending hills and valleys. The valley areas have served as
drainage courses carrying runoff from the northern portion of the watershed to
the downstream lagoon. Many of the hillsides of the site are composed of
slopes of 25% grade and greater and are covered with native vegetation,
primarily coastal sage scrub and chaparral plant communities. A-number of
eucalyptus groves are scattered over the property, generally in the southern
areas. These groves cover between 80-90 acres.
The property is currently vacant with the exception OF 62 acres in
agricultural production on the mesa top of proposed Planning Area #30. Many
of the other relatively flatter areas of the site have been used in the past
for agricultural production. The vegetation in these areas is obviously
considered disturbed. lhrough the process of preparing the various LCP
documents applicable to the site, a total of 360 acres of agricultural lands
3
6 87.680
Page 8
Landscaping in Planning Area #S 1, 2. 3, 8, 9, 10 11, 13, 14, 27 and 28 shall
include the use of specimen-sized trees to provided a landscape screen to
buffer development in these areas from view from Interstate 5, La Costa
Avenue, El Camino Real and the lagoon. To assure that such landscape
screening remains effective through the life of the project, the CC&Rs of the
property owners association shall include provisions to prohibit the removal
of the landscape materials and to assure their continued existence in a
healthy and thriving condition.
The landscape plan shall also include the use of a landscape barrier along the
south side of golf holes #l and #18, but inland of the required wetland
buffer, to keep drivers of golf carts and other mechanized equipment away from
Batlquitos Lagoon and its wetlands.
11. Future Development. This permit is valid only for the proposals
listed below: . . -
(A) Conceptual approval of the Pacific 'Rim Country Club and Resort .
Master Plan, as modified in this permit;
(8) Subdivision of portions of Phase 1 of the site in accordance with the
City of Carlsbad's subdivision map CT 85-35; e
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- (C) Implementation of Phase 1 of the Master Plan including: grading in
Planning Areas T-16 and construction in Planning Areas 1, 2, 9, 10,
and 11 as indicated on Exhibit #4 of the staff report;
(D) Construction of utility and road improvements outside of the Phase 1
area of the project and offsite as shown on Exhibit 811;
and
(E) ,Construction of single family homes on the residential lots of
Planning Areas #s 3, 4, 8, 13 and 14, subject to review and written
approval of the Executive Director of building plans. The plans
'shall be reviewed for consistency with the development standards set
forth in the Pacific Rim Master Plan as approved by the Coastal
Commission in this permit.
Subsequent implementation phases and elements of the project, including
construction in Planning Area #s 5-7, 12, 15 and 16 within Phase 1 shall
require approval under a separate coastal development permit(s).
.l 2 . Archaeology A limited testing program followed by a program of
implemental preservation and/or impact mitigation for sites identified in the
EIR for the the project shall be completed as recommended in the EIR and
required by the City of Carlsbad. Any change in this requirement shall be
reported to and subject to the written of the the Executive Director.
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.13. Water Quality, Prior to issuance of the coastal development permit,
the applicant shall submit plans and a report, as necessary, for the proposed
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H.M.TAYLOR - AssIstant
OFFICE OF THE COUNTY ENGINEER J.W.COLQUHOUN Dep-Admin.
It. J.MASSMAN Dep-Plan& Traff.
Bldq. #2. County Operations Cantor, 5555 Overland Avmus J.F.MULCREW Dep-Englneerlng
San DAmgo, California 92123 Phone : 278-9200 J.W.SETTLES Dep-Operatloos
Nove;&cr 24, 1967
Mr. J. Dekema, District Engineer Division of Highways, District 11
Post Office Box 390
San Diego, California 92112
Attention: Mr. John E. Rising City-County Projects Engineer
Dear Mr. Dekema:
Subject:. (1) Route Location, S. A. 620, Poinsettia Lane
(2) Ro&e Location, S. C. 1'23.0, Kelly Drive
(3) Route Location, S. C. 1320, Carnino Sabre Las Lomas
(4) Route Location, S. C. 1340, Carillo W?ly -
Attached for your information are prints of the completed 200
scale route location study of the subject routes.
If additional coordination regarding the study is desired,
jpicase contaci: our Advance
283).
Planning Division (278-9205: extension
Ve,ry trlly yours,
D. K. SPEER - ColmTj Engineer
DKS':JS:ls
Attachments
cc: F. E. Julian
.
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4 - .-_ -- .- ---... .-.-- _ _ _.. _ ._ .-. -. _ -_. - -
ATTACHMENT ‘A’
PROPOSED ASSESSMENT DISTRICT
FOR POlNSEl-rlA LANE AND ALGA ROAD
PROPOSED CMWD FACILITIES
NAME OF STREET AND LIMITS
ALGA ROAD - From Palomar Airport Road to
Cherry Blossom (in Sambi)
ALGA ROAD - From Cherry Blossom to
Poinsettia Lane
POINSETTIA LANE - From Aiga Road to Blackrail Road
m: These are parallel waterlinea to the existing
18’ steel and 12’ A.C.P. waterlines which
runs parallel and north of Poinsettia Lane.
POINSETTIA LANE - From Blackrail Road to
Ambrosia Lane
Note: The 30’ is a replacement for the existing 1F
steel waterline. The 12’ reclaimed is a
replacement for tthe existing lr P.V.C.
reclaimed waterline located in an easement.
POINSETTIA LANE - From Ambrosia Lane to El
Camino Real
The 30’ is a replacement for the exMng le
steel waterline. The 12’ reclaimed is a
replacement for the e*ting lr P.V.C. reclaimed waterline located In an easement
PRESSURE REGULATING STATIONS:
1. Located at Poinsettia Lane and Rlackail
Road.
Located at Poinsettia Lane and easterty
boundary of Aviara Phase III.
POTABLE Sk@; Prerrura
Zone
18’ (384 HG)
18’ (375 HG) 12 (550 HG)
24’ (375 HG) l *
lb (550 HG) l *
(So. note)
34 (550 HG) l *
(375 HG) l ,*
(So. not.)
34 (550 HG) l *
12. (375 I-G)
(So0 noto)
2each
RECLAIMED Size; Presrurm
Zone
12’ (384 I-G)
12’ (384 HG)
12, (384 HG)
12. (384 HG)
(boo Not.)
12’ (384 HG)
SEWER SIZE
8’ (local) (collector)
8’ (local) (collector)
8’ (local)
(collector)
8’ (local)
(coJlector)
8’ (focal)
(collector)
A) Propoeed Water, Roclalmod Water and Sower Facilltlee to bo In Polneottia Lana and Alga
Road, Par C.M.W.D. Mastor Plana
B) Capital lmprovemont ProJocta are funded by the CMWD or l ubjoct to rolmbunomont and are
deslgnatod In the tabJo with H
CMWD 9580:
. FINANCING METHOD CIRCULATION FACILITIES
/ Facilitv 6.4
Special Condition
Estimated Cost
Source of Funds Financing Guarantee
Responsible Area
Reimbursement
Alea Road - PAR to Poinsettia Lane
B.2, B.5
$2,355,100 (Ph. I), $1,268,120 (Ph. II)
Developer
Improvement agreemerit
A-G (all), except parcels located in Assessment
District No. 88-1
LFM Fee
Facility
This facility may be constructed in two phases:
Phase I: Grading for 4 lanes; paving for 2 lanes.
Phase II: Paving for additional 2 lanes.
The street may also be constructed in accordance with the City’s Cul-de-sac Policy,
in order to provide access to developments in Facility Areas C and D.
Source of Funds
This facility shall be funded and constructed by developers in Facility Area C or D.
The City’s Capital Improvement Program (1992-93 to Buildout) plans intersection
improvements at Palomar Airport Road and Alga Road (College Boulevard) and
allocates $160,000 from Traffic Impact Fees. If turn lanes or other improvements as
described in the most recent Capital Improvement Program are required as part of
the construction of Alga Road, the City shall contribute the applicable amount to the
construction of this facility or reimburse the developer of this facility in accordance
with the most recent Capital Improvement Program, subject to conditions described in Section VI.B.5, Reimbursement from the City of Carlsbad Development Fee Fund.
Financing Guarantee
Prior to the recordation of any final map in Facility Area C or D, the applicable
portion of this facility per the City’s Cul-de-sac Policy shall be constructed; or an
acceptable security instrument shall be provided to the City; or an improvement
agreement shall be executed. Developments in all Facility Areas, except those on
parcels which were included in Assessment District No. 88-1, shall pay the applicable
153
FINANCING METHOD CIRCULATION FACILITIES
Facility 6.7 Poinsettia Lane - East Boundary of Zone to EI
Camino Real
Special Condition B.4 (part), B.6 (part) Estimated Cost
Source of Funds $1,929,280 (Ph. I), $1,038,820 (Ph. II)
Developers of Zones 19 and 21
Financing Guarantee See below
Responsible Area Zones 19 and 21
Reimbursement Not applicable
Estimated Cost
The estimated costs for 2-lane (Phase I) and 4-lane (Phase II) improvements of this
facility are prorated from the estimated costs for construction of Poinsettia Lane
from Alga Road to El Camino Real. The length of Poinsettia Lane from Alga Road
to the eastern boundary of Zone 20 is approximately 3,910 lineal feet; the length
from the eastern boundary of Zone 20 to El Carnino Real is approximately 4,430
lineal feet. See also estimated costs for Facility 6.6.
Source of Funds
This facihty sha!.l be constructed 51 developers of Zones 19 and 21.
Financing Guarantee
Prior to the recordation of any final map in Zones 19 and 21, the required sections
of this facility shall be constructed, consistent with applicable City standards; or an
acceptable security instrument shall be provided to the City; or an improvement
agreement shall be executed. See also Section VI.B.l, Developer Funding.
158
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. PLANNING COMh4ISSION June 19,1996 Page 10
Mr. Moore called the Commission’s attention to a grant of easement by Gordon and Mary Olden to Frank
Ayres dated August 25, 1969. This document includes covenants regarding an easement for roadway
purposes, and rightof-way for installation of public utilities. Mr. Moore stated that this type of covenant
usually travels with the title, and it traveled from Mr. Ayres to Mr. Hunt, and from Mr. Hunt to Mr. Hillman, and
is still in effect. His point was that the easement has already been granted, and, in fact, 60’ of land was
swapped for the right-of-way that was demanded by the County from Mr. Ayres and himself to provide
circulation. He feels that now the City wants to renege on the agreement. Mr. Moore went on to say that Mr. Hillman has both the authority and the responsibility to build Black Rail Court, which was part of the covenant.
Mr. Moore stated that if Black Rail Court wasn’t developed by Aviara, it would probably- never be developed.
Mr. Moore quoted from the minutes of Poinsettia Hill, January 5, 1994, pg. 3, paragraph 8, “Commissioner
Savary requested Mr. Hauser to reply to Commissioner Welshons’ question. David Hauser, Asst. City
Engineer stated, ‘One of the first things staff did in evaluating a project was to require the applicant to sit
down with the adjacent property owners and work out an overall circulation access plan. When the overall
picture was evaluated, staff concluded that the proposed access is the best available one that would serve
all of the property owners and still maintain the 1200’ intersection standard on Poinsettia Lane.” Mr. Moore
stated that the proposed connection to the proposed location is in conflict with the City’s design standards
and was denied by the Commission. Mr. Moore went on to intimate that the City was holding secret back
mom meetings.
No questions were asked of Mr. Moore. Chairman Compas asked if there were any others in the audience
who wished to speak on this item. There were none. At that time, Chairman Compass asked the applicant to
come back for his rebuttal.
Applicant Larry Clemens of .Aviara Land Associates, 2011 Palomar Airport Road, Suite 206, Carlsbad,
returned to give his rebuttal. Mr. Clemens pointed out to the Commission that he had received the letters
from the property owners only this evening, and hadn’t had time to review them. He next pointed out that the
testimony given had no relationship whatsoever with his request for the CUP. As such, Mr. Clemens’ rebuttal
included the following points: With regard to Thomas Smith’s testimony, there is not nexus between the
property owner’s access and operating the Information Center. There is an existing gate which serves to
discourage illegal dumping that tends to occur on unattended property. This is private property, and he feels
that it should be respected as such. He added that this is not a spite strip, rather it is a protection of property.
Wrth regard to funding facilities, Aviara has paid its share of public facilities, and there are no public facilities
that are in detriment here as a result of anything Aviara is doing. All actions on Aviara that have been
discussed have taken place over the course of ten years in a public hearing - no back room meeting t5efL .
emphasized that there have been extensive public hearings, done both by the City as well as Aviara to
explain and discuss the project. He went on to say that he felt it was an inaccurate statement that property
values have decreased, and rather, have greatly increased as a result of the public facilities and other
amenities that have been added in the Aviara Master Plan. The nuisance factor was addressed by stating it
had nothing to do with the Information Center, but resulted from another source. With regard to Mr.
McKinney, the signs he refers to are stop and street identification signs and are on private property. Black
Rail Court is on private property ;ind signs are there for directional purposes. Another point on the
improvement agreement states that Aviara has no obligation to install a continuation or to improve Black Rail
Court until such time as there is a future intersection, to which Black Rail Court may be extended from
Aviara’s boundary. That would be Poinsettia and Black Rail. So until that exists, there is no obligation to
pave Aviara’s section of Black Rail Court Regarding Mrs. McKinney, Mr. Clemens said during the hearing on
Poinsettia, it was the McKinneys who were disagreeing with Poinsettia being extended, yet tonight the
message was that Poinsettia needed to be extended. He found this to be a conflict in testimony. Mr.
.Clemens added that when Aviara installed their section of Poinsettia through the northern tip of its property
next to the park, this Commission and the City Council approved to leave La Costa Blvd. in place while the
construction of Poinsettia was taking place so that the passage way would be just as you have it today.
When Poinsettia is paved, that is when the old mute disappears. Regarding Mr. Moore and the easement he
read to the Commission, it is an easement that is in favor of Aviara. It says that they have access and the
i .
May 28, 1996
D.L. Clemens
2011 Palomar Airport Rd. #206
Carlsbad CA 92009
SUBJECT: CUP 90-07x1 - AVIARA INFORMATION CENTER
The preliminary staff report for the above referenced project will be available for
you to pick up on Friday, May 31, 1996, after 8:00 a.m. This preliminary report
will be discussed by staff at the Development Coordinating Committee (D.C.C.)
meeting which will be held on Monday, June 10, 1996. A twenty (20) minute
appointment has been set aside for you at 9:30 a.m. If you have any questions
concerning your project, you should attend the D.C.C. meeting.
If you need additional information concerning this matter,’ please contact Mike
Grim, at (619) 438-l 161, extension 4499.
CITY OF CARLSBAD
GARQ E. WAtNE
Assistant Planning Director
GEW:MG:bk
2075 Las Palmas Dr. l Carlsbad, CA 92009-1576 - (619) 438-11610 FAX (619) 438-0894 @
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July 3 1, 1996
TO: FRANK MANNEN, ASSISTANT CITY MANAGER
\ FROM: Lee Rautenkranz, City Clerk
RE: AVIARA INFORMATION CENTER APPEAL CUP 90-07x1
Mr. Guy Moore filed an appeal on the above item, and it is scheduled to be on the agenda
for the City Council meeting of August 6, 1996. The policy is that we are not to provide
copies of agenda bills to people prior to them being distributed to Council. However, in
order for Mr. Moore to be able to provide the information to the out-of-town interested
parties, it was necessary to give him an advance copy of the Agenda Bill. Attached is a
copy of the agenda bill which is being provided to Mr. Moore today.
Thanks for your help on this one.
Lee Rautenkranz
City Clerk
lr
Attachment
NOTICE OF PUBLIC HEARING
- . APPEAL
CUP 90-7x1 - AVIARA INFORMATION CENTER
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, 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, August 6, 1996, to consider an appeal of the Planning Commission approval of an application for a five year extension of a Conditional Use Permit for the Aviara Information Center, on property generally located north of Alga Road, between Black Rail Court and
Cormorant Drive, in Local Facilities Management Zone 19, and more particularly described as:
Portion of Sections 22, 26, 27, 28, 33, and 34 in Township 12 South, Range 4 West, in the City of Carlsbad, County of San Diego.
If you have any questions regarding this matter, please contact Mike Grim in the Planning Department, at (619) 438-1161, extension 4499.
If you challenge the Conditional Use Permit in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence delivered to
the City of Carlsbad City Clerk's Office at, or prior to, the public hearing, The time within which you may judicially challenge- this Conditional Use Permit Extension, if approved, is established by state law and/or city ordinance, and is very short.
APPELLANT: PUBLISH: Guy S. Moore, Jr. July 26, 1996
CARLSBAD CITY COUNCIL
AVIARA INFO CENTER
PLANNING AREA 23
CUP 90-07x1
_ POLONSKi L INOA POZNAK MORTON Id
il,!, VILLAGE CENTER DR 6033 N SHERIDAN RD #23B
.ENCINITAS CA 92024 CHICAGO IL 60660
. .
ROBINAT JEAN PAULBCINETTE
16 PLACE ST DIE
LORRAINE WEBEC
CANADA 562 4M5 00000
SHEETZ BRUCE ILLPATRICIA A FAMILY
6916 THRUSH PL
CARLSBAD CA 92009
STEIN JAMES H&SHARON L
75-585 DEMPSEY DR
PALM DESERT CA 92260
SUCINO-SHIHOKAJI LINDA
1 MAHOGANY RUN
COT0 DE CAZA CA 92679
TANNER CRAIG MSJOLLYNE L
1576 CORMORANT DR
CARLSBAD CA 92009
WISE ALAN
1612 CORMORANT DR
CARLSBAD CA 92009
II Labels Printed: 74
GUY S. MOORE
6503 EL CAMINO REAL
CARLSBAD CA 92009
GEORGE BOLTON
6519 EL CAMINO REAL
CARLSBAD CA 92009
SCHFIITT REL E&NANCY H TRS
1550 CORMORANT DR
CARLSBAD CA 92009
SICLER BENJAMIN P&BETTY LIVING T
6917 THRUSH PL
CARLSBAD CA 92009
STINSON RICHARD U&JONES-STINSCW
1304 KUHN RO
BOILING SPRINGS PA 17007
TABATA AKIRAELJOYCE S FAMILY TRUS
8201 LEGION PL
MIDWAY CITY CA 92655
VOSS MICHAEL P&DONNA P
11947 N FOREST DR
MEOUON WI 53092 .
RANDENBERG ROSIE H
210 E 68lH ST #14H
NEY YORK NY 10021
SCHMITZ RICHARD T&SHEILA D TRUST
1572 CORMORANT DR
CARLSBAD CA 92009
SMITH DAVID S
1560 CORMRANT DR
CARLSBAD CA 92009
STOLZE ARTHUR F&BONNIE J
6917 AVOCET CT
CARLSBAD CA 92009
TABATA NOBORUBEVELYN TRS
POBOx943
CARLSBAD CA 92018
UILKE PETER SHELEN J
1569 CORMORANT DR
CARLSBA0 CA 92009
YAUAMOTO YUJIRO TRBYAMAMOTO ADOL BARBARA RUDVALIS
1201 VIA LA JOLLA 7316 BOLERO ST
SAN CLEMENTE CA 92672 CARLSBAD CA 92009
MIKE GRIM
PLANNING THOMAS SMITH
2342 CARINGA WAY
CARLSBAD CA 92008
FLEN YAMAMOTO
1201 VIA LA JLLA
SAN CLEMENTE CA 92672
-ABESON IRVING&JOANNE FAMILY TRUS
. ~7500 MAGNOLIA BLVD
ENCINO CA 91316
. .
AVIARA LAND ASSOCIATES LTD
C/O HILLMAN PROP. WEST INC
450 NEWPORT CENTER DR #304
NEUPORT BEACH CA 92660
AVIARA POINT ASSN
C/O THE WALTERS MANAGEMENT CO
2251 SAN DIEGO AVE #A-250
SAN DIEGO CA 92llO
BUERGER UILLIAM AMNITA M
2626 MALLORCA PL
CARLSBAD CA 92009
CARNATION PROPERTIES
C/O VICTORIA FERNANDEZ
P 0 BOX 395
CARDIFF CA 92007
COKELEY KENNETH C&MARY F
6909 THRUSH PL
CARLSBAD CA 92009
CURTIS LEE A
1584 CORMORANT DR
CARLSBAD CA 92009
DOOGE BETTY L TRUST A 05-24-82
6913 AVOCET CT
CARLSBAD CA 92009
FRANCISCO CHETtCOOPER-FRANCISCO
6905 THRUSH PL
CARLSBAD CA 92009
ALDEA AT AVIARA HWEOUNERS ASSN
C/O D R HORTON INC
10179 HUENNEKENS ST #100
SAN OIEGO CA 92121
AVIARA MASTER ASSN
C/O HILLMAN PROPERTIES UEST INC
2011 PALOMAR AIRPORT RD 1206
CARLSBAO CA 92009
AVIARA RESORT ASSOCIATES LIMITED
6986 EL CAMINO REAL #B336
CARLSBAD CA 92009
CARDOSA MICHAEL J
6491 EL CAHINO REAL
CARLSBAD CA 92009
CICOUREL EDWARD N&BLANCHE I. REV0
823 INVERNESS DR
RANCH0 MIRAGE CA 92270
MLE GARRY D
1580 CORMORANT DR
CARLSBAD CA 92009
DANZINGER JOAN M
6904 AVOCET CT
CARLSBAD CA 92009
EFWENECKER JOAN H
6905 AVOCET CT
CARLSBAO CA 92009
GILBERT EDITH E
6913 GOLDFINCH PL
CARLSBM) CA 92009
AVIARA LAND ASSOCIATES LIMITED P
C/O CURT NOLAN0
2011 PALWAR AIRP@T RD Y206
CARLSBAD CA 92009
AVIARA MASTER ASSUCIATWI
2011 PALOMAR AIRPORT RD
CARLSBAD CA 92009
BOLTOR GEORGE R
6519 EL CAHINO REAL
CARLSBAD CA 92009
;~~ISTRIC
CDS&AL- NICIPAL UATER DISTR
PUBLIC AGE.+
DEJOWG ARIE JR FAMILY TRUST 10-O
622 E WISSIW RD
SAN WXOS CA 92069
FENTON EDWARD WNETTA J
6908 GOLDFINCH PL
CARLSBAO CA 92009
GLASS JDANNA 8
6904 THRUSH PL
CARLSBAD CA 92009
DR GEORGE W'MANNON SUPT
CARLSBAD UNIFIED SCHOOL DIST 801 PINE AVENUE
CARLSBAD CA 92008
GRASSb!OFF ERIC P
13081 CANDELA PL
SAN OIEGO CA 92130
- .
HADLEY PAULaPEGGY TRS
P 0 BOX 12727
PALM DESERT CA 92255
HORING SHELDDNLJOAN
65 CORNELL DR
LIVINGSTON NJ 07039
KANTRWITZ MlCWiEL
6912 GOLDFINCH PL
CARLSBAD CA 92009
HAHDN MCBAELLRHONDA
6646 TWHEE LN
CARLSBAD CA 92009
HCCORMICK ROBERT A&MARY E
6913 THRUSH PL
CARLSBAD CA 92009
MITCHELL TIHDTHY S
6912 THRUSH PL
CARLSBAD CA 92009
NELSON GREGORY RSBARBARA L TRUST
3664 MARIA LN
CARLSBAD Ch 92008
PALMER UILLIAM DLSHERYL L
6642 TWHEE LN
CARLSBAD CA 92009
GREYSTONE HOnES INC
495 E RINCON ST #115
CORONA CA 91719
HALLIUELL CLARIS R&AUDREY L
6908 AVOCET CT
CARLSBAD CA 92009
HORTON D R INC
10179 HUENNEKENS ST WOO
SAN DIEGO CA 92121
LAURENCE LORI M TRUST 11-02-94
1604 CCUWORANT DR
CARLSBAD CA 92009
KANTHEI LYDIA
2573 LACONIA AVE
US VEGAS NV 89121
HCKINNEY RONALD C&EVELYN E TRS
4355 HUERFANO AM
SAN DIEGD CA 92117
IK)ORE WY S JR
6503 EL CAMINO REAL
CARLSBAD CA 92009
OCEAN BLUFF PARTNERSHIP
4180 LA JOLLA VILLAGE DR #300
LA JOLLA CA 92037
PATTERSCM KERRY D
6909 AVOCET CT
CARLSBAD CA 92009
GRILL0 FRANK REVOCABLE TRUST 01-
6928 THRUSH PC
CARLSBAD CA 92009
HEGLI RONALD B
1565 CDRMORANT DR
CARLSBAO CA 92009
KAISER LIFE INSURANCE TRUST 12-O
1615 CALLE DE CINCD ST
LA JOLLA CA 92037
LIGUORI JOHN FLELENDRE J REVDCAB
11739 S TOERGE DR
LAHIRADACA90638
MARTIN GARY D
6912 AVOCET CT
CARLSBAD CA 92009
HERRITT CHARLES 0
6908 THRUSH PL
CARLSBAD CA 92009
HUROYA AKIRABTDSHIKO
PO BOX 9000-251
CARLSBAD CA 92008
OSBDRN FAMILY TRUST 01-16-92
1568 CORMDRANT DR
URLSBAD U 92009
PEYROT FUR10 E
16OD CORMORANT DR
URLSBAD U 92009
NOTICE OF PUBLIC I-I&WING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, 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 6:00 p.m. on Wednesday, June 19, 1996, to
consider a public hearing to consider two actions: 1) whether to rescind the Aviara Information
Center conditional use permit and, 2) if rescinded, whether to grant a five year extension to the
permit, on property generally located north of Alga Road, between Black Rail Court and
Cormorant Drive, in Local Facilities Management Zone 19 and more particularly described as:
Portion of Section 22,26,27,28,33 and 34 in Township 12 South,
Range 4 West, in the City of Carlsbad, County of San Diego.
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 June 13, 1996. If you have any
questions, please call Mike Grim in the Planning Department at (6 19) 43 S- 116 1, extension 4499.
The time within which you may judicially challenge this Conditional Use Permit Extension, if
approved, is established by state law and/or city ordinance, and is very short. If you challenge
the Conditional Use Permit in court, you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice or in written correspondence
delivered to the City of Carlsbad at or prior to the public hearing.
CASE FILE: CUP 90-07x1
CASE NAME: AVIARA INFORMATION CENTER
PUBLISH: JUNE 7,1996
CITY OF CARLSBAD
PLANNING DEPARTMENT
MG:bk
2075 Las Palmas Dr. - Carlsbad, CA 92009-l 576 - (619) 438-1161 - FAX (619) 438-0894 ?B
. . (Fotn A)
TO: CITY CLERK’S OFFICE
FROH: MIKE GRIM, PLANNING DEPARTMENT
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notice
AVlARA INFORMATION CENTER - CUP 90-07X1
for a public hearing before the Clty Council.
Please notice the item for the council meeting of
.
Thank you.
rLlL4 ID, IWO Obte
I 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008
Office of the City Clerk
DATE: June 24, 1996
TO: Bobbie Hoder - Planning Dept.
FROM: Karen Kundtz - Clerks Office
RE: CUP 90-07x1 - Aviara Information Center
TELEPHONE (619) 434-2808
**** Note: See letter from Mr. Moore regarding scheduling of this appeal.
THE ABOVE ITEM HAS BEEN APPEALED TO THE CITY COUNCIL.
According to the Municipal Code, appeals must be heard by the City Council
within 30 days of the date that the appeal was filed. (REMINDER: The item
will not be noticed in the newspaper until the agenda bill is signed off by
all parties.)
Please process this item in accordance with the procedures contained in the
Agenda Bill Preparation Manual. If you have any questions, please call. c
----------------------------------------------------------------------------
The appeal of the above matter should be scheduled for the City Council
Meeting of .
Signature Date
t _ CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DdlVE CARLSBAD, CALIFORNIA 92008
- 2 434-2867
REC’D FROM f\.z(y-)(2LE , TK. I
ACCOUNT NO. DESCRIPTION AMOUNT
D(.sio*m.S%13 /qyq$./?y / G / .
RECEIPT @iO. %%kt.o NOT VALID UNLESS VALIDATED BY TOTAL
@ Printed on recycled paper. CASH REGISTER
., ,_ .‘ : . ---” ,’ .I. _^_LI ‘I ,~ I_ ,( .’
APPEAL FORH
I (We) appeal the following decision of the Carlsbad Planninq
* to the City Council:
Project Name and Number (or subject of appeal): File C.U.P. 90-07x1
tw-lo~ TAKEIL, BY A&7fworJ OF fhcrr& &bl4 . R ES. ‘39q 7
Date of Decision: June 19, 1996
Reason for Appeal: Denial of access to Alqa Road.
Access to Public Health and safety facilities, for Community on Black Rail Road.
Nusiance and lack of convenience to personal and business traffic having to use primitive La Costs Boulevard, a public road, wh,itih
City of Carlsbad.
Jung d/ /PYk Date
, L41/ Name APlease RE Jq’
6573 LQ c-L,& k&L
Address
(6d $38~//7u
Tel&phone Number
1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (619) 434-2808 @
. -
June 21, 1996
City Clerk - City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008
In order to provide administrative economy and public
convenience would you be so kind as to docket C.U.P. 90-07x1
immediately before C.T. 92-03-A Aviara Phase III Revision
on the Council Agenda ? Mike Grim of City Planning Staff
concurs with this suggestion.
Thanking you in advance for your kind consideration of our
request, we remain
P.S. Would you be so kind as to inform me as soon as an
agenda date has been established so I can notify out
of town people who are affected ?