Loading...
HomeMy WebLinkAbout1996-08-06; City Council; 13763; Aviara Phase III Revision. - C II El B B % R \ \ 2 . . E 2 e f 8 1 CITY OF CARLSBAD - AGEdDA BILL AB# /3/ 3,‘$3 a: AVIARA PHASE III REVISION CT 92-03(A) MTG. 8/6/96 DEPT. PLN @ ClTYAlTY. * CITY MGR RECOMMENDED ACTION: That Council ADOPT Resolution No. 96 -2 7.3 APPROVING the Tentative Tract Map Revision for the Aviara Phase III development, allowing Cassia Road to be used as a secondary access route. ITEM EXPLANATION: On June 19, 1996, the Planning Commission conducted a public hearing and recommended approval with a 7-O vote of a tentative tract map revision to the Aviara Phase III subdivision. The revision would change the secondary access route from the existing route along Poinsettia Lane and Black Rail Court (to the west) to Cassia Road (to the east). As shown on the attached location map, the easterly route would be shorter and would use existing roadways and subdivision dedications. The option for the revision’came about when Cassia Road was connected to Poinsettia Lane by way of the Poinsettia Hill (Spires) subdivision. Since this connection occurred after approval of the Aviara Phase Ill tentative map, a revision is necessary to effectuate the change. Thze was public testimony from several residents and property owners along the future Black Rail Court in Zone 20. Their concern centered around replacing the existing dirt access routes (i.e. La Costa Boulevard and Black Rail Court) with a paved access. While staff and the Planning Commission empathized with the resident’s desire to gain paved access, the secondary access requirement is only to satisfy the City’s cul-de-sac standard. The secondary access requirement is not intended to enhance local circulation beyond that needed for passage of emergency vehicles in an emergency. Had the Cassia Road connection been available at the time of the Aviara Phase III public hearing, staff would have recommended the eastward route for secondary access because it offers a functional and proportional solution to the issue of secondary access. FISCAL IMPACT: All improvement costs for the primary and secondary access routes will be provided by the developer, Aviara Land Associates, The secondary access routes will not be fully improved and, at some later date, the property owners with street frontage will need to complete improvements. No City funds are necessary to complete the primary and secondary access routes, therefore the proposed amendment has no fiscal impact. EXHIBITS: 1. City Council Resolution No. 9b M$!?3 2. Location Map 3. Planning Commission Resolution No. 3947 4. Planning Commission Staff Report, dated June 19, 1996 5. Excerpt of Planning Commission Minutes, dated June 19, 1996. 5. Aviara Phase III Graphic Illustrating proposed change. \ r’ F . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 , RESOLUTION NO. 96-273 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP REVISION FOR AVIARA PHASE III SECONDARY ACCESS, LOCATED ALONG FUTURE AMBROSIA LANE, NORTH OF ALGA ROAD, IN THE SOUTHWEST QI.‘ADRANT CASE NAME: AVIARA PHASE III REVISION CASE NO: CT 92-03(A) WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on June 19, 1996 hold a duly noticed public hearing as prescribed by law to consider a Tentative Tract Map Revisions; and WHEREAS, the City Council of the City of Carlsbad, on the 13th day of August , 1996, held a duly advertised public hearing to consider said Tentative Tract Map Revision and at that time received the recommendations, objections, protests, comments of all persons interested in or opposed to CT 92-03(A); and NOW, THEREFORE, BE IT HEREBY RESOLED by the City Council of the City of Carlsbad as follows: 1. 2. . . . . . . . . . . . . . . . . . . That the above recitations are true and correct. That the City Council APPROVES City Council Resolution No. 96-273 and that the findings and conditions of the Planning Commission as set forth ii the Planning Commission Resolution No. 3947 on file with the City Clerk and made a part hereof by reference are the findings and conditions of the City Council. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, on the 13th day of August , 1996, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Hall and Finnila NOES: None n ABSENT: Non 94 ATTEST: ALETHA L. RAUT (SEAL) -2- ARPORT / : l l l l f 88. #8I8I#a888- . : : : : : : AVIARA PHASE Ill CT 92-03(A) , 3 EX-3 / 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3947 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP REVISION TO REVISE A CONDITION OF APPROVAL REGARDING SECONDARY ACCESS ON PROPERTY GENERALLY LOCATED ALONG FUTURE AMBROSIA LANE, NORTH OF ALGA ROAD, IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 19. CASE NAME: AVIARA PHASE III REVISION CASE NO: CT 92-03 (A) WHEREAS, Aviara Land Associates has filed a verified application for certain property to wit: A portion of the east half of the southeast quarter of Section 22, and a portion of the north half of Section 27, all in Township 12 south, Range 4 west, in the City of Carlsbad, County of San Diego, State of California with the City of Carlsbad which has been referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for a Tentative Tract Map Revision as shown on- Exhibits “A’‘-%I”, dated June 19, 1996, on file in the Planning Department and as provided by Chapter 20.12 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 19th day of June, 1996, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map Revision. 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. PC RESO NO. 3947 -l- ci 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 W FindinPs: That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of a Tentative Tract Map Revision CT 92- 03(A), based on the following findings and subject to the following conditions: 1. The Planning Director has found that, based on the EIA Part-II, this Subsequent Project was described in the MEIR 93-01 as within its scope; AND there will be no additional significant effect, not analyzed therein; AND that no new or additional mitigation measures or alternatives are required; AND that therefore this Subsequent Project is within the scope of the prior EIR; and no new environmental document nor Public Resources Code 2 108 1 findings are required. II 2. The Planning Commission finds that: a. the project is a subsequent development as described in CEQA Guidelines 15168(c)(2) and (e), and 15183; b. there was an EIR certified in connection with the prior 1994 General Plan Update and Mitigated Negative Declarations approved in connection with the prior Aviara Phase III and Poinsettia Hill subdivisions; C. the project is consistent with the General Plan Master EIR (MEIR 93-01) and the Mitigated Negative Declarations for Aviara Phase III (CT 92-03) and Poinsettia Hill (CT 93-03); d. the project has no new significant environmental effect not analyzed as significant in the prior EIR or Mitigated Negative Declarations; and e. none of the circumstances requiring Subsequent or a Supplemental EIR under CEQA Guidelines Sections 15 162 or 15 163 exist. 3. The Planning Commission finds that all feasible mitigation measures or project alternatives identified in the MEIR 93-01 and the Mitigated Negative Declarations have been incorporated into or made conditions of this Subsequent Project. 4. The Planning Commission finds that the project, as conditioned herein for CT 92-03(A), is in conformance with the Elements of the City’s General Plan, based on the following: a. The project is consistent with the City’s General Plan since none of the existing, approved land uses are proposed to change with the revision; b. Circulation - Primary and secondary access are still a condition of approval and installation of those circulation facilities must be in prior to occupancy and must conform to the City’s cul-de-sac standard; C. Noise - No alteration to the arrangement of land uses or noise sources is -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. -. proposed; and d. Public Safety - Emergency access will be maintained throughout construction and upon occupancy by means of all-weather access roads and the provision of secondary access. The project is consistent with the City-Wide Facilities and Improvements Plan, the applicable local facilities management plan, and all City public facility policies and ordinances since: a. The project has been conditioned to ensure that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the project is conditioned such that a note shall be placed on the final map that building permits may not be issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the District Engineer is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. b. All necessary public improvements have been provided or are required as conditions of approval. C. The developer has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. The project has been conditioned to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a Local Facilities Management Plan prepared pursuant to Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 19. That the proposed map and the proposed design and improvement of the subdivision as conditioned, is consistent with and satisfies all requirements of the General Plan, any applicable specific plans, Titles 20 and 21 of the Carlsbad Municipal Code, and the State Subdivision Map Act, and will not cause serious public health problems, in that the proposed project is required to provide sidewalks, street lights, and fire hydrants, as shown on the tentative map, or included as conditions of approval. All the local, collector, and major streets within this area would be constructed to full public street width standards, and have curb, gutters, sidewalks, and underground utilities. The proposed street system is adequate to handle the project’s pedestrian and vehicular trafftc and accommodate emergency vehicles. PC RESO NO. 3947 -3- 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. 10. 11. 12. 13. 14. 15. 16. 17. - That the proposed project is compatible with the surrounding existing and future land uses since surrounding properties are designated for medium and low-medium residential density development and open space in the General Plan; That the site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed, in that the residential development complies with all city policies and standards, including zoning, without the need for variances from development standards. That the design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, or acquired by the public at large, for access through or use of property within the proposed subdivision, in that the project has been designed and conditioned such that there are no conflicts with any established easements. That the property is not subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act); That the design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, in that lot sizes allow for a variety of building placement alternatives, including the adequate placement and separation of the homes, will allow utilization of natural heating and cooling opportunities. That the Planning Commission has considered, in connection with the housing proposed by this subdivision, the housing needs of the region, and balanced those housing needs against the public service needs of the City and available fiscal and environmental resources; That the design of the subdivision and improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat, in that all feasible mitigation measures or project alternatives identified in MEIR 93-01 and the Mitigated Negative Declarations for Aviara Phase III(CT 92- 03) and Poinsettia Hill (CT 93-03) which are appropriate to this project have been incorporated into the project and no significant impacts to fish, wildlife or their respective habitats will occur. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project will adhere to City Engineering Standards and comply with the City’s Master Drainage Plan and the National Pollution Discharge Elimination System (NPDES) standards. The Planning Commission has reviewed each of the exactions imposed on the Developer contained in this resolution, and hereby finds, in this case, that the exactions are imposed to mitigate impacts caused by or reasonably related to the project, and the extent and the PC RESO NO. 3947 -4- s 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -- . degree of the exaction is in rough proportionality to the impact caused by the project, in that Cassia Road immediately serves the site and this project completes dedications and improvements which are reasonable and proportionate for secondary access requirements. 18. The project, as designed, implements certain objectives and mitigation measures established by the General Plan Master EIR to reduce cumulative air quality impacts as applicable to a residential project of this scale. These include: providing links to public sidewalk systems; providing for safe pedestrian and bicycle movements within the project providing locations for public transit access; and designing the project to accommodate pedestrian spaces as well as proposed parking areas and building locations. I/ Planning Conditions: 1. The Planning Commission does hereby recommend approval of the Tentative Tract Map Revision for the subdivision project entitled “Aviara Phase III Revision”. (Exhibit “A” - “M” on file in the Planning Department and incorporated by this reference, dated June 19, 1996), 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 exhibits/or documents, as necessary to make them internally consistent and conform to City Council’s final action on the project. Development shall occur substantially as shown on the approved exhibits. Any proposed development substantially different from this approval, shall require an amendment to this approval. 2. Prior to approval of the final map, the Developer shall receive approval of a Coastal Development Permit issued by the California Coastal Commission that substantially conforms to this approval. A signed copy of the Coastal Development Permit must be submitted to the Planning Director. If the approval is substantially different, an amendment to tentative tract map revision shall be required. 3. That condition number 3, item 3 of City Council Resolution No. 94-41, dated January 25, 1994, and regarding a 30 foot wide temporary access easement, be deleted. 4. The following condition replaces condition number 58 of Planning Commission Resolution No. 3577 for CT 92-03, dated December 1,1996: Plans, specifications, and supporting documents for all public improvements shall be prepared to the satisfaction of the City Engineer. In accordance with City Standards, the developer shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements: A. PRIOR TO RECORDING THE FINAL MAP FOR THE FIRST PHASE IN THE SUBDIVISION, THE FOLLOWING IMPROVEMENTS ARE REQUIRED 1). Poinsettia Lane within the subdivision boundaries shall have full PC RESO NO. 3947 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 2). 3). 41. 5). public improvements to major arterial standards or as approved by the City Engineer and the Planning Director. Cassia Road within the subdivision boundaries shall have full public improvements to local street standards. All sewer, water and drainage facilities, and any public utilities located under the proposed roadway, shall also be constructed. Ambrosia Lane within the subdivision boundaries shall have full public improvements to local street standards. Within the subdivision boundaries Blackrail Court shall have a between-curb width of 48 feet in a 68 foot wide right-of-way as shown on the tentative map from Alga Road to Street “1”. From Street “I” to the subdivision boundary the between-curb width shall taper from 48 feet wide to 40 feet wide. The taper shall be to the satisfaction of the City Engineer. Offsite Cassia Road from El Camino Real to Poinsettia Lane shall be constructed with full width grading, 32 foot wide paved roadway, all sewer, water and drainage facilities as may be required, plus new curb, gutter and sidewalk on the north side, subject to potential reimbursement by other adjacent development.. The City Engineer may accept other streets or roadways that meet all requirements including the cul-de-sac standard, All other conditions contained in Planning Commission Resolution No. 3577 for CT 92-03, Aviara Phase III, dated December 1, 1993, remain in full force and effect, except as modified herein The developer shall allow vehicular access, including trucks, from Poinsettia Lane west to the existing private farm access road knows as La Costa Boulevard. The vehicular access shall be constructed to the satisfaction of the City Engineer and be permitted both during and after construction of Poinsettia Lane and the project. In the event Cassia Road is constructed by the developer to provide secondary access to project site, the developer shall pay a proportional share of the cost to install the traffic signal at Cassia Road and El Camino Real in accordance with the terms of the proposed reimbursement agreement between the City and the Villa Loma developer. Code Reminders: 8. All building pad and street areas that are graded and remain vacant or undeveloped for a period of more than 6 months after the grading operation is completed shall be seeded and adequately irrigated to reduce erosion and visual impacts. If grading is PC RESO NO. 3947 -6- \Q . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 phased, the six month time period shall start at the completion of each individual grading phase, subject to the review and approval of the Planning Direct0 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 19th day of June, 1996, by the following vote, to wit: AYES: Chairman Compaq Commissioners Heineman, Monroy, Nielsen, Noble, Saw-y and Welshons NOES: ABSENT: ABSTAIN: CARLSBAD PLANNING COMMISSION II ATTEST: - MICHAEL J. HOLZMILtiR Planning Director PC RESO NO. 3947 -7- \\ EX- 4 I . 1-m City of CARLSBAD Planning Depammt A REPORT TO THE PLANNING COMMISSION & Item No. 4 0 Application complete date: February 2 1, 1996 P.C. AGENDA OF: June 19,1996 Project Planner: Michael Grim Project Engineer: Clyde Wickham SUBJECT: CT 92-03(A) - AVIARA PHASE III REVISION - Request for a tentative tract map revision to revise a condition of approval regarding secondary access for property generally located along future Ambrosia Lane, north of Alga Road, in Local Facilities Management Zone 19. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 3947 RECOMMENDING APPROVAL of a revision to a tentative tract map CT 92-03 (CT 92- 03(A)), based upon the findings and subject to the conditions contained therein. II. INTRODUCTION The proposed tentative tract map revision would revise the condition of approval that requires secondary access to the subdivision. Currently, the secondary access is required to follow the future extension of Poinsettia Lane westward to future Black Rail Court, then southward to existing Alga Road. The proposed revision would allow the developer to construct secondary access eastward from the site, using the partially dedicated Cassia Road. Staff supports the proposal because there are already some dedications and improvements along the proposed, shorter secondary access route. III. PROJECT DESCRIPTION AND BACKGROUND Aviara Land Associates is requesting a revision to the conditions of approval for the Phase III tentative tract map. Aviara’s Phase III extends north of Alga Road along future Ambrosia Lane and the existing 12’ through 15* holes of the Aviara Golf Course, terminating north of future Poinsettia Lane at the south end of the Palomar Industrial Park (SP 145). To the west of the site are the Zone 20 properties, such as De Jong and Ocean Bluff (CT 93-09), and to the east are Poinsettia Hill (CT 93-03) and Villa Loma (SDP 93-06). Except for the Villa Loma apartments, no development has occurred in the immediate area. In conjunction with the Villa Loma development, Cassia Road was installed from El Camino Real to the western project entry. The Aviara Phase III subdivision was approved by the City Council on January 25, 1994, through City Council Resolution No. 94-41 and Planning Commission Resolution No. 3577 (copies attached). As with all major subdivisions, a secondary access was required to serve the development in case the primary access was cut off during an emergency. At the time of the Aviara Phase III public hearings, Cassia Road was intended to cul-de-sac at the western edge of ’ CT 92-03(A) - AVIARH PHASE III REVISION JUNE 19,1996 PAGE 2 the Poinsettia Hill subdivision (see Exhibit “X”). After hearing the Poinsettia Hill tentative map, the Planning Commission and City Council voiced concern over pedestrian access to Aviara Oaks School and the future park. As a result, Cassia Road was required to be connected with Poinsettia Lane (see Exhibit “Y”). This change in development set the stage for an alternative access route to the Aviara Phase III subdivision. The proposed secondary access would utilize the now approved alignment of Cassia Road from Poinsettia Lane to El Camino Real. Since the undeveloped portions of the roadway lie within the boundaries of two subdivisions, Aviara and Poinsettia Hill, the effort required for acquisition and construction of the roadway is greatly reduced and more proportional to the level of development. Another component of the Aviara Phase III tentative map proposed for revision is a City Council requirement for additional park access. The approving City Council resolution contained a condition mandating a temporary access easement from Poinsettia Lane to the Aviara park site to facilitate pedestrian traffic. Now that Cassia Road connects with Poinsettia Lane, the sidewalk system for both of these public roads will allow complete pedestrian access, thereby eliminating the need for a temporary easement. Staff is recommending that this condition be deleted. Since the application for the Aviara Phase III Revision was made, staff has received several comments from property owners on or near the westward extension of Poinsettia Lane and Black Rail Court. These property owners object to the relocation of the Aviara Phase III secondary access and feel that Aviara should construct the northerly extension of Black Rail Court. Staff appreciates their concerns and desire to obtain improved access, however the secondary access requirement is only to satisfy the City’s cul-de-sac standard. The secondary access requirement is not intended to enhance local circulation beyond that needed for passage of vehicles in an emergency. All exactions, such as offsite improvements, require a nexus and must be proportional to the need. Had the Cassia Road connection been available at the time of the Aviara Phase III public hearing, staff would have recommended the eastward route for secondary access because it offers a functional and proportional solution to the issue of secondary access. Upon review of the proposal, staff found that the Aviara Phase III Revision is subject to the following land use plans, policies, programs and zoning regulations: A. General Plan; B. Mello I and Mello II segments of the Local Coastal Program; C. Aviara Master Plan (MP 177 and its amendments); D. Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code); E. Growth Management Ordinance (Chapter 21.90 of the Zoning Ordinance); and CT 92-03(A) - AVIA& I’nASE III REVISION JUNE 19,1996 PAGE 3 F. Zone 19 Local Facilities Management Zone. 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 revisions to the Aviara Phase III project are consistent with the applicable policies and programs of the General Plan. Particularly relevant to the tentative tract map revision are the Land Use, Circulation, Noise and Public Safety Elements. Table 1 below indicates how the project complies with these particular elements of the General Plan. Element Land Use Circulation Noise Public Safety TABLE 1: GENERAL PLAN COMPLIANCE Use Classification/Goal, Proposed Use and Objective of Program Improvements Project area designated for No alteration to existing residential, recreation and permitted land uses is community center uses. proposed. Require development to Primary and secondary access construct all needed still a condition of approval. roadways prior to or Installation must be in prior to concurrent with occupancy and in conformance development. with the City’s cul-de-sac An environment free from standard. No alteration to the excessive and harmful noise. Maintain an initial emergency travel response time of five minutes. arrangement of land uses or noise sources. Provision of primary and secondary access allows for emergency response times Mello I and Mello II Segments of the Local Coastal Program Compliance Yes Yes Yes Yes Aviara Phase III is located within the Mello I and II segments of the LCP; therefore, the project is subject to the Land Use Plan and Implementing Ordinance for those segments. The implementing ordinance for those portions of the Mello I and II segments within Aviara is the Aviara Master Plan. This section addresses only conformance with the Land Use Plan, since - 1 CT 92-03(A) - AVIAI& PHASE III REVISION JUNE 19,1996 PAGE 4 implementing ordinance conformance is addressed in section C below. The policies of the Mello I and II Land Use Plan which apply to the proposed project are land use and environmentally sensitive habitat preservation. Since no alteration to the existing, approved land uses is involved with the proposed revision, no Coastal land use issues exist with the project. The physical development associated with the Cassia Road secondary access does not encroach into any coastal resource areas and has undergone environmental review and Coastal Commission discretionary review. Therefore, the proposed tentative tract map revision is consistent with the Local Coastal Program. C. Aviara Master Plan (MP 177 and its amendments) There are no specific provisions in the Aviara Master Plan that address offsite improvements or particular circulation routes. There are general provisions that require all land needed for public streets be granted to the City without cost and free of all liens and encumbrances. This is also a typical City policy and is occurring with the proposed secondary access route using Cassia Road. Since all land uses and the intensity and configuration of development remain unchanged, the Aviara Phase III revision remains consistent with the Aviara Master Plan. D. Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code) The Subdivision Ordinance requires that, prior to final map, the developer agree to install all street improvements necessary for the use of the lot owners in the subdivision in accordance with City Standards. According to the Public Street Design Criteria of the City Standards, the maximum length of a cul-de-sac is a function of total traffic on the road. If traffic volumes are expected to exceed the standard, then a second access route to the neighborhood is required. The proposed tentative tract map revision replaces the secondary access rather than deletes it, therefore no impact to the cul-de-sac standard will occur. Since no grading, lots or other streets will be altered, the Aviara Phase III Revision is consistent with the Subdivision Ordinance. E. Growth Management Ordinance (Chapter 21.90 of the Zoning Ordinance) Since the Aviara Phase III Revision does not involve any alteration of land uses, the Growth Management compliance mimics the original approval. This analysis is shown on the attached Local Facilities Impact Assessment and in Table 2 below. II TABLE 2: GROWTH MANAGEMENT COMPLIANCE II Standard City Administration Library Waste Water Treatment Parks Impacts/Standards 2,047.7 sq. ft. 1,092.l sq. ft. 699 EDUs 4.09 acres Compliance Yes Yes Yes Yes ’ CT 92-03(A) - AVIARA PHASE III REVISION JUNE 19,1996 PAGE 5 II TABLE 2: GROWTH MANAGEMENT COMPLIANCE Standard Impacts/Standards Compliance Drainage N/A Yes Circulation 5,318 ADT Yes Fire Station #4 Yes Open Space N/A Yes Schools N/A Yes Sewer Collection System 699 EDUs Yes Water 154.000 GPD Yes F. Zone 19 Local Facilities Management Zone The Aviara Phase III area lies within the Local Facilities Management Zone 19. There are no special development requirements in the zone plan that apply to either the approved tentative tract map or the proposed revision. Since all necessary improvements, including primary and secondary access, will still be installed prior to or concurrent with need, the Aviara Phase III Revision is consistent with the Zone 19 Local Facilities Management Plan. V. ENVIRONMENTAL REVIEW The original tentative map for Aviara Phase III received a Mitigated Negative Declaration with regard to potentially adverse environmental impacts. These original mitigation measures included provisions for open space preservation and enhancement, geotechnical precautions, paleontological resources, noise, air quality and visual impacts. The mitigation monitoring program is in place and none of the mitigation measures are affected by the proposed revision. The alignment of Cassia Road eastward from Aviara Phase III has already undergone environmental review through a Mitigated Negative Declaration for the Poinsettia Hill subdivision (CT 93-03). In addition, the Master Environmental Impact Report for the City’s General Plan Update (MEIR 93-01) found that impacts of development to air quality and circulation were regional in nature and, therefore, adopted a Statement of Overriding Consideration. Listed in the MEIR were a number of mitigation measures intended to reduce the air quality and circulation impacts to the greatest extent possible. The proposed tentative map revision was reviewed for its potential impact on the environment pursuant to the requirements of the California Environmental Quality Act. Since all previous environmental review still applies to the proposed revision and no new circumstances have arisen that would necessitate additional environmental review, the Planning Director determined that the tentative map revision is in prior compliance with the original documentation. All applicable mitigation measures regarding air quality and circulation have been incorporated into the project. A Notice of Prior Environmental Compliance was therefore issued on March 16, 1996, a copy of which is attached to this staff report. r CT 92-03(A) - AVIARH PHASE III REVISION JUNE 19,1996 PAGE 6 ATTACHMENTS: 1. Planning Commission Resolution No. 3947 2. Location Map 3. Background Data Sheet 4. Local Facilities Impact Assessment 5. Disclosure Form 6. Environmental Impact Assessment, Part 2, dated March 11, 1996 7. Notice of Prior Environmental Compliance, dated March 16, 1996 8. City Council Resolution No. 94-41 9. Planning Commission Resolution No. 3577. h4G:bk - _- BACKGROUND DATA SHEh a CASE NO: CT 92-03(A) CASE NAME: Aviara Phase III Revision APPLICANT: Aviara Land Associates REQUEST AND LOCATION: Request for a tentative tract mau revision to revise a condition of atxwoval regarding secondarv access for property generally located along future Ambrosia Lane, north of Alga Road LEGAL DESCRIPTION: A portion of the east half of the SW quarter of Section 22 and a portion of the north half of Section 27, all in the Citv of Carlsbad. Countv of San Dieno. APN: 215-040-19.20.21; 215-080-24 Acres: j4J Proposed No. of Lots/Units: 15 1 lots GENERAL PLAN AND ZONING Land Use Designation: RLM/RIWRMIWRH/OS Density Allowed: O.O- 19.0 du/ac Density Proposed: same 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 P-M South P-C East L-C West L-C Zoning Land Use Vacant Industrial office Golf course Agriculture Agriculture PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 699 Public Facilities Fee Agreement, dated: October 14, 1993 ENVIRONMENTAL IMPACT ASSESSMENT cl Negative Declaration, issued cl Certified Environmental Impact Report, dated X Other, Notice of Prior Environmental Comnliance - CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Aviara Phase III Revision - CT 92-03(A) LOCAL FACILITY MANAGEMENT ZONE: 19 GENERAL PLAN: RLM/RM/RMH/RI-I/OS ZONING: P-C DEVELOPER’S NAME: Aviara Land Associates ADDRESS: 2011 Palomar Airport Road, Suite 206. Carlsbad, CA 92009 PHONE NO.: (619)931-l 190 ASSESSOR’S PARCEL NO.: 215040-19/20/21.215-080-24 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 140 acres ESTIMATED COMPLETION DATE: 1998 A. B. C. D. E. F. G. H. I. J. K. L. City Administrative Facilities: Demand in Square Footage = 2.047.7 Library: Demand in Square Footage = 1.092.1 Wastewater Treatment Capacity (Calculate with J. Sewer) 699 Park: Demand in Acreage = 4.09 Drainage: Demand in CFS = N/A Identity Drainage Basin = N/A (Identify master plan facilities on site plan) Circulation: Demand in ADTs = 5,318 (Identify Trip Distribution on site plan) Fire: Served by Fire Station No. = 4 Open Space: Acreage Provided = N/A Schools: N/A (Demands to be determined by staff) Sewer: Demands in EDUs 699 Identify Sub Basin = N/A (Identify trunk line(s) impacted on site plan) Water: Demand in GPD = 154,000 The project is 1,268 units the Growth Management Dwelling unit allowance. - City DISCLOSCRE STATEME.X-T . AT’3LiCANTS STATEMENT OF CDC’ 3 cu GF;E of CEFITAIN OWNERSHIP IKEi;ES;S ON ALL APpUanONS wr,c+, w,LL ;E,~,<,;~ I =:ScsmONAilY AmoN ON %E ?An oF r4E cn CouNcIL OR ANY APPOIc3 aOA;iO. COMMISSION OR CcMMEEz. I I I L (P/ease Prmr) The fcllowing information must be disclosed: 1. Aodicant tist the names and addresses of all persons having a financial interest in the application. Aviara Land Associates Limited PartnershiD 2011 Palomar Airuort Road Suite 206 Carlsbad, CA 92009 2. - Owner 3. List the names and addresses of all persons having any ownership interest in the property involved. Aviara‘Land Assoc%ates Limited partnershin 2011 Palomar Airport Road If any person identified pursuant to (1) or (2) above is a corporation or parkership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any pannership interest in the partnership. pJ/A 4. If any person identifktd pursuant to (1) or (2) above is a non-profit organitation or a trust. list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. FRMoW13 a/90 7.Q 2075 Las Palmas Or~ve - Carlsbacl. Caltfornla 92009-4859 0 (619) 436-I 1 6’ - - - 3isclasure Statement (Over) Page 2 5. Have you had niare than 5253 worth of business transacted with any member af City staff, scares Commissions, Committees and Cauncii’within the past twelve months? Yes - No - If yes, please indicate person(s) I Denon ,, d.fin& u: ‘AT tndiwdu& firm. COo~~~hr~. jOinI voRtt.Wc USOCdlan. SCCd dub. htW?ld OrgMUltiOn. COI;)OI~flOn. l OtM@. 1RSt. I Gw. ryndicata. fh and my ottr~ couny. cy and COUP. CY munk=WW. dtsl7W OI 0ul.f polrnCJ mbdlvtrlon. 0, my 0tnw grouo or I I ! com0tnaUon l tiog u a unrl’ I Owner: Aviara Land Associates Limited Partnership, a Delaware limited partnership Date: By: Date: vy Applicant: Aviara Land Associates Limited Partnership, a Delaware limited partnership Date: By: Republic Development Co., a Date: w if ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. CT 92-03(A) DATE: March 11. 1996 BACKGROUND 1. CASE NAME: Aviara Phase III Tentative Man Extension and Revision 2. APPLICANT: Aviara Land Associates 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2011 Palomar Airnort Road, Suite 206, Carlsbad. CA 92009 (619) 931-1190 4. DATE EIA FORM PART I SUBMITTED: Januarv 23.1996 5. PROJECT DESCRIPTION: Reauest for an extension to the exniration of a tentative man and a revision to the conditions of anuroval of that man, allowing an alternate secondary access for the Aviara Phase III develonment. located along future Ambrosia Lane, north and south of future Poinsettia Lane. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact”, or “Potentially Significant Impact Unless Mitigation Incorporated” as indicated by the checklist on the following pages. - Land Use and Planning - Transportation/Circulation - Public Services - Population and Housing __ Biological Resources - Utilities and Service Systems - Geological Problems - Water - Energy and Mineral Resources - Aesthetics - Hazards - Cultural Resources - Air Quality - Noise - Recreation - Mandatory Findings of Significance 1 22/ Rev. 3/28/95 - DETERMINATION. (To be completed by the Lead Agency). On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have significant effect(s) on the environment, but at least one potentially significant effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT/MITIGATED NEGATIVE DECLARATION is required, but it must analyze only the effects that remain to be addressed. cl Cl cl I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR / MITIGATED NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR / MITIGATED NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. El Planner Signature Date Planning Directo?$ignaturv Date , , MG: 2 9 Rev. 3/28/95 Issues (and Supporting Information Sources): Potentially Significant Impact I. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? (#l-pgs 11,12; #2-pg 11) b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (#l-pgs 11,12; #2-pg 11) c) Be incompatible with existing land use in the vicinity? (#l-pgs 11,12; #2-pg 11) d) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses)? (#1-pg 11; #2-pg 10) - e) Disrupt or divide the physical arrangement of an established community (including a low- income or minority community)? (#1-pg 13; #2-pg 12) II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? (#l-pg 13; #2-pg 12) b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? (#1-pg 13; #2-pg 12) c) Displace existing housing, especially affordable housing? (#l-pg 13; #2-pg 12) III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? (#1-pg 7; #2-pg 7) Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact x x x x x x x x x b) Seismic ground shaking? (#1-pg 7; #2-pg 7) 3 x 14 Rev. 3/28/95 Potentially Significant Issues (and Supporting Information Sources): Impact c> 4 ia h> 0 Seismic ground failure, including liquefaction? (#1-pg 7; #2-pg 7) Seiche, tsunami, or volcanic hazard? (#l & 2-pg 7) Landslides or mudflows? (#l-pg 7; #2-pg 7) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (#1-pg 7; #2-pg 7) Subsidence of the land? (#1-pgs 7,8; #2-pg 7) Expansive soils? (#1-pg 7; #2-pg 7) Unique geologic or physical features? (#l-pgs 7,8; #2-Pg 7) IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? (#1-pg 8; #2-pg 8) b) Exposure of people or property to water related hazards such as flooding? (#l-pg 8;#2-pg 8) c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? (#l-pg 9; #2-pg 8) d) Changes in the amount of surface water in any water body? (#1-pg 9; #K2-pg 8) e) Changes in currents, or the course or direction of water movements? (#1-pg 8; #2-pg 8) Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact x x‘ x x x x x x x x x x 4 15 Rev. 3/28/95 - - Issues (and Supporting Information Sources): Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? (#1-pg 9; #2-pg 8) g) Altered direction or rate of flow of groundwater? (#l-pg 8; #2-pg 8) h) Impacts to groundwater quality? (#1-pg 9; #2-pg 8) i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (#l-pg 8; #2-pg 8) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? (#1-pg 8; #2-pgs 7,8) b) Expose sensitive receptors to pollutants? (#1-pg 8; #2-pgs 7,8) c) Alter air movement, moisture, or temperature, or cause any change in climate? (#l-pg 8; #2-pg 8) d) Create objectionable odors? (#1-pg 8; #2-pg 8) VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? (#l-pg 14; #2-pg 12) b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (#1-pg 14; #2-pg 13) c) Inadequate emergency access or access to nearby uses? (#1-pg 15; #2-pg 13) x x a- X 7 x x x x x x x ?Y Rev. 3128195 Issues (and Supporting Information Sources): d) Insufficient parking capacity on-site or off-site? (#l-pg 14; #2-pg 12) e) Hazards or barriers for pedestrians or bicyclists? (#1-pg 14; #2-pg 13) f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? (#1-pg 14; #2-pg 12) g) Rail, waterborne or air traffic impacts? (#l-pg 14; #2-pg 12) VII. BIOLOGICAL RESOURCES. Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact x x x x 4 b) c> 4 d Would the proposal result in impacts to: Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? (#1-pgs 10,ll; #2-pg 10) Locally designated species (e.g. heritage trees)? (#l-pgs 10,ll; #2-pg 10) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (#l-pgs 10,ll; #2-pg 10) Wetland habitat (e.g. marsh, riparian and vernal pool)? (#1-pgs 10,ll; #2-pg 10) Wildlife dispersal or migration corridors? (#1-pg 11; #2-pg 10) VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? (#l-pg 9; #2-pg 9) b) Use non-renewable resources in a wasteful and inefficient manner? (#l-pg 9; #2-pg 9) x x x x x x x 6 ?-1 Rev. 3128195 Potentially Potentially Significant Unless Less Than No Issues (and Supporting Information Sources): Significant Mitigation Significant Impact Incorporated Impact Impact c) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? (#1-pg 9; #2-Pg 9) x IX. HAZARDS Would the proposal involve: a> b) cl 4 e> A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation? (#1-pg 13; #2- Pg 12) Possible interference with an emergency response plan or emergency evacuation plan? (#1-pg 15; #2-pg 13) The creation of any health hazard or potential health hazard? (#1-pgs 12,13; #2-pg 11,12) Exposure of people to existing sources of potential health hazards? (#l -pgs 12,13; #2-pg 11,12) Increase fire hazard in areas with flammable brush, grass, or trees? (#l-pg 13; #2-pg 11) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (#1-pg 13; #2-pg 11) b) Exposure of people to severe noise levels? (#1-pg 13; #2-pg 11) XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? (#l-pg 12; #2-pg 11) b) Police protection? (#1-pg 12; #2-pg 11) x x X x x x x x x 7 7% Rev. 3128195 Issues (and Supporting Information Sources): c) Schools? (#l-pg 12; #2-pg 11) d) Maintenance of public facilities, including roads? (#l-pg 12; #2-pg 11) e) Other governmental services? (#1-pg 12; #2-pg 11) XII. UTILITIES AND SERVICES SYSTEMS. Would the 4 W c> d) e) 0 g) proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: Power or natural gas? (#l-pg 9, #2-pg 9) Communications systems? (#l-pg 12; #2-pg 11) Local or regional water treatment or distribution facilities? (#l-pg 12; #2-pg 11) Sewer or septic tanks? (#l-pg 12; #2-pg 11) Storm water drainage? (#1-pg 12; #2-pg 1 I) Solid waste disposal? (#1-pg 12; #2-pg 11) Local or regional water supplies? (#l-pg 12; #2-pg 11) XIII. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? (#l-pg 15; #2-pg 13) b) Have a demonstrable negative aesthetic effect? (#1-pg 15; ##2-pg 13) c) Create light or glare? (#l-pg 13; #2-pg 11) XIV. CULTURAL RESOURCES. Would the proposal: Potentially Significant Impact a) Disturb paleontological resources? (#l-pg 9; #2-pg 9) - 8 Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact x x x x x x x’ x x x x x x x 0 Rev. 3128195 - Issues (and Supporting Information Sources): b) Disturb archaeological resources? (#1-pg 9; ti-pg 9) c) Affect historical resources? (#l-pg 9; #2-pg 9) d) Have the potential to cause a physical change which would affect unique ethnic cultural values? (# I-pg 9; #2-pg 9) e) Restrict existing religious or sacred uses within the potential impact area? (#l-pg 9; ##2-pg 9) XV. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (#l-pg 15; #2-pg 13) b) Affect existing recreational opportunities? (#l-pg 15; #2-pg 13) XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wild life species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? (#l-pg 15; #2-pg 13) b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects) (#1-pg 16; #2-pg 14) 9 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact x x x P Rev. 3128195 x x x x x Issues (and Supporting Information Sources): Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? (#1-pg 16; #2-pg 14) x XVII. EARLIER ANALYSES. Earlier analyses has been conducted on the project site and on the alternate secondary access. The currently approved tentative map was reviewed for potentially adverse environmental impacts through a Mitigated Negative Declaration for Aviara Phase III (CT 92-03), issued October 14, 1993 (Source #l). The alternate secondary access route was reviewed for potentially adverse environmental impacts through a Mitigated Negative Declaration for Poinsettia Hill (CT 93-02), issued November 11, 1993 (Source #2). AI1 necessary adaptations to the project required to lower the potential impacts to a level of insignificance were incorporated into project design and operational requirements of the existing tentative maps (CT 92- 03 and CT 93-02). These features include preservation of wildlife corridors within the native vegetation, conformance to geotechnical recommendations, archeological and paleontological artifact recovery programs and fugitive dust controls. The extension of the tentative map expiration date and the potential for an alternate secondary access route are still consistent with the intent and environmental ramifications of the existing tentative map. The revised tentative map would still be within the allowed density and its configuration would still meet the goals and objectives of the General Plan. No new circumstances have arisen that would necessitate additional environmental review. Therefore, the extension and revision of the Aviara Phase III tentative map will not cause any new impacts that were not previously identified in the prior environmental review for the site. All adjustments necessary to reduce impacts to a level of insignificance have been incorporated into the project and no additional mitigation measures are required. 10 3’ Rev. 3128195 . LIST MITIGATING MEASURES (IF APPLICABLE) N/A ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE1 11 3% Rev. 3/28/95 APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. Date Signature 12 33 Rev. 3128195 City of Carlsbad PUBLIC NOTICE OF PRIOR ENVIRONMENTAL COMPLIANCE Please Take Notice: The Planning Department has determined that the environmental effects of the project described below have already been considered in conjunction with previously certified environmental documents and, therefore, no additional environmental review will be required and a notice of determination will be filed. Project Title: CT 92-03(A) - Aviara Phase Ill Extension and Revision Project Location: West and east of future Ambrosia Lane, north of Alga Road and South of Camino Vida Roble, City of Carlsbad, County of San Diego. Project Description: Request for an extension to a tentative map and a revision to that map to allow an alternate secondary access within Phase III of the Aviara Master Plan. Justification for this determination is on file in the Planning Department, Community Development, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within thirty (30) days of date of publication. DATED: MARCH 16, 1996 CASE NO: CT 92-03(A) CASE NAME: AVIARA PHASE Ill REVISION PUBLISH DATE: MARCH 16,1996 MG:kr 2075 Las Palmas Dr. - Carlsbad, CA 92009-l 576 - (619) 436-11610 FAX (619) 438-0894 RESOLUTION NO. 94-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A MITIGATED NEGATIVE DECLARATION, APPLICATION FOR A MASTER PLAN AMENDMENT, GENERAL PLAN AMENDMENT; LOCAL COASTAL PLAN AMENDMENT, TENTATIVE SUBDIVISION MAP AND HILLSIDE DEVELOPMENT PERMIT ON PROPERTY GENERALLY LOCATED IN THE SOUTHWEST QUADRANT CASE NAME:' AVIARA PHASE III CASE NO:MP 177!G)/GPA 93006/LCPA 920Ol/CT 920031HDP 92-04 WHEREAS, the Planning Commission did on December 1, 1993 hold a duly noticed public hearing as prescribed by law to consider amendments to Master Plan MP 177(G), General Plan GPA 93-06, Local Coastal Plan LCPA 92-01, Tentative Subdivision Map CT 92-03 and Hillside Development Permit HDP 92-04 and adopted Planning Commission Resolution Nos: 3574, 3575, 3576, 3577 and 3578 respectively, recommending to the City Council that they be approved; and WHEREAS, the City Council of the City of Carlsbad, did on January 25, 1994 hold a duly advertised public hearing to consider said amendments.and at that time heard all persons interested in or opposed to Master Plan MP 177(G), General Plan GPA 93-06, Local Coastal Plan LCPA 92-01, Tentative Subdivision Map CT 92-03 and Hillside Development Permit HDP 92-04: and WHEREAS, the Planning Commission has determined that MP 177(G), GPA 93-06, LCPA 92-01, CT 92-03 and HDP 92-04 will not have a significant impact on the environment and the City'Counci.1 has concurred and a Mitigated Negative Declaration was issued and approved in satisfaction of the requirements of the City of Carlsbad. Environmental Protection Ordinance of 1980 and the , California Environmental Quality Act: and 35 : rl ‘ 1 C . E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the City Council, after considering all proposed changes, directed the City Attorney to return with appropriate documents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the findings and conditions of the Planning Commission in Resolution Nos. 3573, 3574, 3575, 3576, 3577 and 3578 constitute the findings of the City Council in this matter. 3. That the two conditions in Planning Department memorandum dated November 17, 1993 be added and an additional condition as stated at the City Council meeting be added to read as follows: “(1) The applicant shall pay park-in-lieu fees to the City, prior to the approval.of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code unless previously excluded by the Parks Agreement between the City and Aviara Land Associates dated June 1, 1989, as determined by the Parks'and Recreation Director. ” (2) The applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time of building permit application. All or a portion of said fees may be waived subject to the approval of the Carlsbad Unified School District. "(3) Developer shall provide a 30' wide temporary access easement along the easterly boundary of Lot 3, as shown on Exhibit "A" until such time as a permanent alternate access easement is A8diCat8dto allow pedestrian and vehicular access from the residential areas east of the project to Aviara Park and the Aviara Oaks School to the satisfaction of the City Council.l@ 4. That the alignment of Poinsettia Lane be approved as shown on the Poinsettia Lane Alignment Study, marked Exhibit B and attached -hereto. 2 : : A 1 c E 7 t c 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 5. That the Mitigated Negative Declaration is approved as shown in Planning Commission Resolution .No. 3573 on file with the City Clerk and incorporated herein by reference. 6. That the application for Master Plan Amendment (MP- 177(G) to change planning area boundaries, internal street alignment and residential product mix on property generally located along future Ambrosia Lane, north of Alga Road in LFMP Zone 19 is approved as shown in Planning Commission Resolution No. 3574 on file with the City Clerk and incorporated herein by reference. 7. That the General Plan Amendment (GPA 93-06) to add the residential medium high density (RMB) and residential high density (RB) designations to the existing combination district for property generally located north of the Batiquitos Lagoon, east of I-5 and west of El Camino Real in LFMP Zone 9 is approved as shown in Planning Commission Resolution No. 3575 on file with the City Clerk and incorporated herein by reference. 8. That the Local Coastal Plan Amendment (LCPA 92-01) is approved as shown in Planning Commission R8solution No. 3576 on file with the City Clerk and incorporated herein by reference. 9. That the Tentative Subdivision Map (CT 92-03) to subdivide and rough grade the individual neighborhood and major streets on property generally located along future Ambrosia Lane, north of Alga Road in LPMP Zone 19 is approved as shown in Planning Commission Resolution No. 3577 on file with.the City Clerk and incorporated herein by reference. 10. That the HillSid Disvelopment Permit (HDP 92-04) to rough grade the neighborhood and major streets on property generally located along future Ambrosia Lane, north of existing 3 1 z 2 4 c w e 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - Alga Road is approved as shown in Planning Commission R&solution No. 3578 on file with the City Clerk and incorporated herein by reference. 11. This action is final the date this resolution is adopted by the City Council. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Tim8 Limits for Judicial Review" shall apply: "NOTICE TO APPLICANT" "The time within which judicial review of this decision must be sought.is governed by Code of Civil PrOC8dUre, Section 1094.6., which hati been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or Other paper Seeking judicial r8Vi8W IDUSt be filed in the apprOpriat8 COUrt not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the prOC88dingS accompanied by the required deposit in an amount Sufficient t0 cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than th8 thirtieth day following the date on which the record is either personally delivered or. mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008.@@ /// /// /I/ /// /// /// /// 4 / I ! l( 1' 1: 13 14 15 16 17 18 19 20 21 22 .23 24 25 26 27 28 - , PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 8th day of FEBRUARY 1994, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila NOES: None ABSENT: None ATTEST: ALETHA L. RAUkENKRANZ, City Clerk (SEAL) . . 5 . . z F 2, f B% 3 ii 1 % H s! fJ i ” II % / ,I \\ ’ . \i, / gg .I f 4 . FXHIS tr ‘A’ -. r \\ ; 1 Lb I I 1000 MI. ct. , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3577 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A TENTATIVE TRACT MAP TO SUBDMDE AND ROUGH GRADE THE INDMDUAL NEIGHBORHOODS AND MAJOR STREETS WITHIN THE THIRD PHASE OF THE AVIARA MASTER PLAN ON PROPERTY GENERALLY LOCATED ALONG FUTURE AMBROSIA LANE NORTH OF ALGA ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: AVIARA PHASE III CASE NO: CT 92-03 WHEREAS, a verified application for certain property to wit: A portion of the east half of the southeast quarter of Section 22, and a portion of the north half of Section 27, all in Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California according to official plat thereof, as shown on Record of Survey No. 10774, recorded in the Office of the San Diego County Recorder, October 30, 1986. 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 e 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 17th day of November, 1993, and on the 1st day of December, 1993, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to CT 92-03; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A> That the above recitations are true and correct. - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of CT 92-03, based on the following findings and subject to the following conditions: Findings: 1. The proposed map and project design is consistent with the applicable general plan and local coastal plan segments. 2. The site is physically suitable for the type and density of the development since the site is adequate in size and shape to accommodate residential development at the density proposed. 3. The .project is consistent with all City public facility policies and ordinances since: 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. The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. 4. The proposed project is compatible with the surrounding future land uses since surrounding properties are designated for residential development on the General Plan. 5. This project will not cause any significant environmental impacts and a Mitigated Negative Declaration has been issued by the Planning Director on October 14,1993. In recommending approval of this Mitigated Negative Declaration the Planning Commission has considered the initial study, the staff analysis, all required mitigation measures and any written comments received regarding the significant effects this project could have on the environment. 6. This project is consistent with the City’s Growth Management Ordinance as it has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 19. PC RESO NO. 3577 -2- 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. The design of the subdivision will not conflict with easements or records of easements established by court judgement, acquired by the public at large, for access through or use of property within the proposed subdivision. Conditions: 1. 2. 3. 4. 5. 6. 7. Approval is granted for CT 92-03, as shown on Exhibits “A” - “M”, dated November 17, 1993, 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 tentative map as approved by the City Council. The tentative map shall reflect the conditions of approval by the City. The tentative map copy shall be submitted to the City Engineer and approved prior to building, grading, final map, or improvement plan submittal, whichever occurs fust. A 500’ scale map of the subdivision shall be submitted to the Planning Director prior to the recordation of the final map. Said map shall show all lots and streets within and adjacent to the project. 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 (amended July 2, 1991) and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or facilities and improvement plan and to fulfil1 the subdivideis agreement to pay the public facilities fee dated March 9, 1992, 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. This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the water district serving the development determines that adequate water and sewer service is available at the time of application for water service and sewer permits and will continue to be available until time of occupancy. This note shall be placed on the final map. 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. The following note shall be placed on the Final Map. “Prior to issuance of a building permit for any buildable lot within the subdivision, the property owner PC RESO NO. 3577 -3- l# 1 2 z 4 5 e s t s l( 13 1: II 14 1: If 1: 1z 1Z 21 23 2: 2; 24 2: 2e 25 2E 8. 9. 10. 11. 12. 13. 14. 15. shall pay a one-time special development tax in accordance with the City Council Resolution No. 91-39”. If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof, imposed by this approval or imposed by law on this project are challenged this approval shall be suspended as provided in Government Code Section 65913.5. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. The applicant shall pay park-in-lieu fees to the City, prior to the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code unless previously excluded by the Parks Agreement between the City and Aviam Land Associates dated June 1,1989, as determined by the Parks and Recreation Director. The applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time of building permit application. AU or a portion of said fees may be waived subject to the approval of the Carlsbad Uni&xi School District. 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. Approval of CT 92-03 is granted subject to the approval of MP 177(G), LCPA 92-61, GPA 93-06, and HDP 92-04. CT 92-03 is approved subject to all conditions of approval for MP 177(G), LCPA 92-01, GPA 93-06, and HDP 92-04, Planning Commission Resolution No’s. 3574, 3575, 3576, and 3578, incorporated herein by reference and on file in the Planning Department. The applicant shall annex the area covered by Phase tII into the Aviara Master Homeowner3 Association and corresponding covenants, conditions and restrictions. The amended CC&R’s shall be submitted to and approved by the Planning Director prior to final map approval. The applicant shall submit a street name list for Planning Areas 17, 21, and 22 consistent with the City’s street name policy subject to the Planning Director’s approval prior to final map approval for those Planning Areas. The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to the approval of grading or building plans, whichever occurs first. PC RESO NO. 3577 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. . . . A master plan of the existing onsite trees shall be provided to the Planning Director as part of the final grading plan to determine which trees shall be required to be preserved prior to the issuance of a grading permit or a building permit, whichever occurs first. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. The developer shall install street trees at the equivalent of 40-foot intervals along all public street frontages in conformance with City of Carlsbad standards. The trees shall be of a variety selected from the approved Street Tree List. All landscape plans shall be prepared to conform with the Landscape Manual and submitted per the landscape plan check procedures on file in the Planning Department. Landscape plans shall be designed to minimize water use. Lawn and other zone 1 plants (see Landscape Manual) shall be limited to areas of special visual importance or high use. Mulches shall be used and irrigation equipment and design shall promote water conservation. Prior to final occupancy, a letter from a California licensed landscape architect shall be submitted to the Planning Director certifying that all landscaping has been installed as shown on the approved landscape plans. All herbicides shall be applied by applicators licensed by the State of California. The applicant shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the 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 shall show existing and proposed contours and shall match the grading plans in terms of scale and location of improvements. The project shall provide bus stop facilities at locations subject to the satisfaction of the North County Transit District. Said facilities shall at a minimum include a bench, free from advertising, and a pole for the bus stop sign. The bench and pole shall be designed in a manner so as to not detract from the basic architectural theme of the project and said design shall be subject to the approval of the Planning Director and North County Transit District. PC RESO NO. 3577 -5- 1 2 ;! 4 fi w e 7 E $ 1c 13 12 1: 14 If l( 1: l{ l< 2( 21 2: 2: 24 21 2e 2’i 2E 3 3 1 I c ! II .\ I 5 5 7 3 ii )I t /I > , 5 c i 5 r 27. Approval of CT’ 92-03 is subject to approval of the California Coastal Commission. Any revisions that may be required by the Coastal Commission must be reviewed and approved by the Planning Director and City Engineer prior to approval of any Enal map, and may necessitate a formal amendment to this approval. 28. Prior to approval of the Enal map for Unit I, the developer shall complete any dedication and vacation necessary to complete the park land exchange, to the satisfaction of the Parks and Recreation Director. Ennineerinn Conditions: 29. 30. 31. 32. 33. 34. 35. 36. 37. . . . Prior to issuing a building permit for Lots 143 through 152 in Unit VII, the developer shall provide an emergency secondary access in accordance with City Standards. Direct access rights for all lots abutting Ambrosia Lane shall be waived on the final map except for designated access points to Lots 1, 2, 3, and 8 as shown on the tentative map or at other designated access points as approved by the City Engineer. This project is located within the Mello I, Mello II, and East Batiqtitos Local Coastal Plans. All development design shall comply with the requirements of those plans. Unless a standards variance has been issued, no variance from City Standards is authorized by virtue of approval of this tentative map. The applicant shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. The applicant shall be responsible for coordination with S.D.G.&E., Pacific Bell Telephone, and Cable TV authorities. This project is specifically approved as seven (7) units for the purposes of recording. All public facilities needed to serve each unit and meet City Standards shall be guaranteed for construction prior to recording of a final map for that unit. If the applicant chooses to construct out of phase, the new phasing must be reviewed and approved by the City Engineer and Planning Director. All concrete terrace drains shall be maintained by the homeowner’s association (if on commonly owned property) or the individual property owner (if on an individually owned lot). An appropriately worded statement clearly identifying the responsibility shall be placed in the CC&R’s. PC RESO NO. 3577 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 38. 39. 40. 41. 42. 43. 44. . . . Approval of this tentative tract map shall expire twenty-four (24) months from the date of City Council approval unless a final map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied at the discretion of the City Council. In approving an extension, the City Council may impose new conditions and may revise existing conditions pursuant to Section 20.12.110(a)(2) Carlsbad Municipal Code. The applicant shall defend, indemnify and hold harmless the City and its agents, officers, and employees from any claim, action or proceeding against the City or its agents, officers, or employees to attack, set aside, void or null an approval of the City, the Planning Commission or City Engineer which has been brought against the City within the time period provided for by Section 66499.37 of the Subdivision Map Act. Prior to the approval of the final map, the owner shall enter into an agreement with the City to pay any drainage area fees established as a result of the Master Drainage Plan Update. Prior to final map the applicant shall pay all current fees and deposits required. The owner of the subject property shall execute an agreement holding the City harmless regarding drainage across the adjacent property prior to approval of the final map for this project. The subject property is within the boundaries of Assessment District No. 88-l (Alga Road). Upon the subdivision of land within the district boundaries, the owner may pass through assessments to subsequent owners & if the owner has executed a Special Assessment District Pass-through Authorization Agreement. Said Agreement contains provision regarding notice to potential buyers of the amount of the assessment and other provisions and requires the owner to have each buyer receive and execute a Notice of Assessment and an Option Agreement. In the event that the owner does not execute the Authorization Agreement, the assessment on the subject property must be paid off in full bv the owner nrior to final man annroval. As required by state law, prior to the recordation of a final map over any of the subject property, a segregation of assessments must be submitted for all subdivided lots. By applying for a segregation of assessments, the applicant agrees to pay the fee to cover the costs associated with the segregation. A segregation is not required if the applicant pays off the assessment on the subject property prior to the recordation of the final map. In the event a segregation of assessments is not recorded and property is subdivided, the full amount of assessment will appear on the tax bills of & new lot. PC EESO NO. 3577 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 45. 46. 47. 48. 49. 50. 51. . . . Prior to final map approval the owner shall execute a hold harmless agreement for geologic failure. Based upon a review of the proposed grading and the grading quantities shown on the tentative map, a grading permit for this project is required. (Prior to final map approval, the applicant must submit and receive approval for grading plans in accordance with City Codes and standards. Prior to issuance of a building permit for the project, a grading permit shall be obtained and grading work be completed in substantial conformance with the approved grading plans.) Upon completion of grading, the applicant shall ensure that an “as-graded’ geologic plan is submitted to the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. This plan shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a 24” x 36” mylar or similar drafting film and shall become a permanent record. No grading shall occur outside the limits of the subdivision unless a grading or slope easement is obtained from the owners of the affected properties. If the applicant is unable to obtain the grading or slope easement, no grading permit will be issued. In that case the applicant must either amend the tentative map or change the slope so grading will not occur outside the project site in a manner which substantially conforms to the approved tentative map as determined by the City Engineer and Planning Director. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, the applicant shall submit to and receive approval from the City Engineer for the proposed haul route. The applicant 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 Chapter 11.06. The applicant shall construct desiltation/detention/urban pollutant basin(s) of a type and a size and at location(s) as approved by the City Engineer. The applicant shall enter into a basin maintenance agreement and submit a maintenance bond satisfactory to the City Engineer prior to the approval of grading, building permit or final map whichever occurs first for this project. Each basin shall be serviced by PC RESO NO. 3577 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 52. 53. an all-weather access/maintenance road. This condition may be met by basin(s) guaranteed for construction by other projects located offsite and downstream from this project. Additional drainage easements may be required. Drainage structures shall be provided or installed prior to the issuance of grading or building permit as may be required by the City Engineer. The applicant shall place the following note on a non-mapping data sheet of the final map: Geotechnical Caution: 54. 55. 56. A prelimhry soils report indicates the possible presence of a remnant of an’ancient landslide and the possible presence of unconsolidated alluviums within the boundaries of the subdivision. Even though the report also recommends methods of mitigation for these geologic conditions, some risk to building pads or structures located thereon may exist, therefore: The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. The owner shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the tentative map. The offer shall be made by a certificate on the final map for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. Some improvements shown on the tentative map and/or required by these conditions are located offsite on property which neither the City nor the owner has sufficient title or interest to permit the improvements to be made without acquisition of title or interest. The applicant shall conform to Section 20.16.095 of the Carlsbad Municipal Code. This conditional approval is null and void if title to said property is not obtained, unless the City Engineer and Planning Director make findings of substantial conformance without construction of said improvements. The drainage system shall be designed to ensure that runoff resulting from lo-year frequency storms of 6 hours and 24 hours duration under developed conditions, are equal to or less than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the PC RESO NO. 3577 -9- Gp 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 57. 58. desired results prior to (final map approval) issuance of building or grading permits whichever occurs first. The applicant shall comply with the City’s requirements of the National Pollutant Discharge Elimination System (NPDES) permit. The applicant shall provide best management practices to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be approved by the City Engineer prior to approval of the final map, issuance of grading or building permit, whichever occurs first. Plans, specifications, and supporting documents for all public improvements shall be prepared to the satisfaction of the City Engineer. Prior to approval of the final map in accordance with City Standards, the applicant shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements: I. PRIOR TO RECORDING THE FINAL MAP FOR THE FIRST PHASE IN THE SUBDIVISION, THE FOLLOWING IMPROVEMENTS ARE REQUIRED: A. B. C. D. E. Poinsettia Lane within the subdivision boundaries shah have full public improvements to major arterial standards or as approved by the City Engineer and Gnning Director. Offsite Poinsettia Lane from the subdivision boundary to Blackrail Court shall be constructed with full width grading, two 14 foot wide paved center lanes, median curbing, drainage facilities as needed and all sewer and utility lines that would be underneath the pavement. The developer may apply for a reimbursement agreement for these improvements. . Ambrosia Lane within the subdivision boundaries shall have full public improvements to local street standards. Within the subdivision boundaries Blackrail Court shall have a between-b width of 48 feet in a 68 foot wide right-of-way as shown on the tentative map from Alga Road to Street “I”. From Street “I” to the subdivision boundary the between-curb width shall taper from 48 feet wide to 40 feet wide. The taper shall be to the satisfaction of the City Engineer. Offsite Blackrail Court from the subdivision boundary to Poinsettia Lane shall be constructed with a 28 foot wide paved roadway with sufficient drainage control facilities as may be required and all sewer, water and utility lines that would be underneath the paving. PC RESO NO. 3577 -lO- 5’ 1 2 3 4 5 6 7 0 9 10 11 12 13 k 14 15 16 17 18 19 ,I 20'1 21 Ii 22 ‘I 23 24 25 26 27 28 Sufficient right-of-way shall be obtained for the improvements to be constructed and maintained but not less than 30 feet in width. The developer may request a reimb ursement agreement for the utilities being installed but not needed for this project and permanent surface improvements not needed for this project. II. PRIOR TO RECORDING A FINAL MAP FOR AIUY SUBSEQUENT PHASE ALL THE IMPROVEMENTS REQUIRED FOR THAT PHASE TO MEET CITY STANDARDS ARE REQUIRED: k Street “D” and Street “G” in Unit VII are designated hillside streets. As shown on the tentative map, Street “D” and “G” shall have a right- of-way width of 46 feet, a between-curb width of 32 feet and sidewalks only on one side. The right-of-way width shall taper from the local street 60 feet wide in Unit V to the hillside street 46 feet wide in Unit WI. The betweencurb width shall taper from 40 feet wide in Unit V to 32 feet wide in Unit VII, all to the satisfaction of the City Engineer. B. All streets within the subdivision boundaries shall have full public street improvements based on the right-of-way widths as shown on the tentative map. A note to this effect shall be placed on an additional map sheet on the final map per the provisions of Sections 66434.2 of the Subdivision Map Act. Improvements listed above shall be constructed within 18 months of approval of the secured improvement agreement or such other time as provided in said agreement. Fire Conditions: 59. Prior to the issuance of building permits, complete building plans shall be approved by the Fire Department. 60. Additional onsite public water mains and fire hydrants are required. 61. Applicant shall submit a site plan to the Fire Department for approval, which depicts location of required, proposed and existing public water mains and fire hydrants. The plan should include off-site fire hydrants within 200 feet of the project. 62. Applicant shall submit a site plan depicting emergency access routes, driveways and traffic circulation for Fire Department approval. 63. An all-weather, unobstructed access road suitable for emergency service vehicles shall be provided and maintained during construction. When in the opinion of the PC RESO NO. 3577 -ll- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 64. 65. 66. The entire potable water system, reclaimed water system and sewer system shall be evaluated in detail to ensure that adequate capacity, pressure and flow demands are met. 67. The Developer shall be responsible for all fees, deposits and charges which will be collected at time of issuance of the building permit. The San Diego County Water Authority capacity charge will be collected at issuance of application for meter installation. 68. Sequentially, the Developers Engineer shall do the following: A. Meet with the City Fire Marshal and establish the fire protection requirements. B. Prepare a colored reclaimed water use area map and submit to the Planning Department for processing and approval. C. Schedule a meeting with the District Engineer for review, comment and approval of the preliminary system layout usage (GPM - EDU) plan for potable, reclaimed and sewer systems prior to the preparation of improvement plans. 69. This project is approved upon the expressed condition that building permits will not be issued for development of the subject property unless the water district serving the development determines that adequate water service and sewer facilities are available at the time of application for such water service and sewer permits will continue to be available until time of occupancy. This note shall be placed on the fmal map. .- Fire Chief, the access road has become unserviceable due to inclement weather or other reasons, he may, in the interest of public safety, require that construction operations cease until the condition is corrected. All required water mains, fire hydrants and appurtenances shall be operational before combustible building materials are located on the construction site. Native vegetation which presents a fire hazard to structures shall be modified or removed in accordance with the specifications contained in the City of Carlsbad Landscape Guidelines Manual. Applicant shall submit a Fire Suppression plan to the Fire Department for approval. Water Conditions: PC RESO NO. 3577 -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 1st day of December, 1993, by the following vote, to wit: AYES: Chairperson Noble, Commissioners: Schlehuber, Betz, Welshons, Savary, Erwin & Hall. NOES: None. ABSENT: None. ABSTAIN: None. BAILEYNOB@ Chairperson CARLSBAD PLANNING COMMISSION ATTEST: PLANNING DIRECTOR PC RESO NO.3577 -13- Exm5 4. CT 92-03(A) - AVIARA PHASE III REVISION - Request for a tentative tract map revision to revise a condition of approval regarding secondary access for property generally located along future Ambrosia Lane, north of Alga Road, in Local Facilities Management Zone 19. Chairman Compas reminded the applicant, Commissioners, and public, that if the Commission recommends approval for this item it will be forwarded to the City Council for their consideration. The staff report was delivered by Michael Grim. Mr. Grim stated that the Aviara Phase III subdivision was approved by the City Council on January 25, 1994, through City Council Resolution No. 94-41 and Planning Commission Resolution No. 3577. As with all major subdivisions, a secondary access was required to serve the development in case the primary access was cut off during an emergency. At the time of the Aviara Phase III public hearings, Cassia Road was intended to culde-sac at the western edge of the Poinsettia Hill subdivision. After hearing the Poinsettia Hill tentative map, the Planning Commission and City Council voiced concerned over pedestrian access to Aviara Oaks School and the future park. As a result, Cassia Road was required to be connected with Poinsettia Lane. This change in development set the stage for an alternative access route to the Aviara Phase III subdivision. Additionally, The proposed secondary access would utilize the now approved alignment of Cassia Road from Poinsettia Lane to El Camino Real. Since the undeveloped portion of the roadway lies within the boundaries of two subdivisions, Aviara and Poinsettia Hill, the effort required for acquisition and construction of the roadway is greatly reduced and more proportional to the level of development. Further, the Aviara Phase III tentative map proposed for revision is a City Council requirement for additional park access. The approving City Council resolution contained a condition mandating a temporary access easement from Poinsettia Lane to the Aviara Park site to facilitate pedestrian traffic. Now that Cassia Road connects with Poinsettia Lane, the sidewalk system for both of these public roads will allow completed pedestrian access, thereby eliminating the need for a temporary easement. Staff recommends that this condition be deleted. Commissioner Monroy asked Mr. Grim to indicate the location of Aviara Oaks School on the map and show how it will be accessed from the north. Mr. Grim illustrated on the map that the school was located, on the PLANNING COMMISSION June 19, 1996 corner of Alga Road and Ambrosia. He added that Ambrosia will continue northward and be completed with curb, gutter, and sidewalk improvements, allowing both vehicular and pedestrian access all the way up into the park. Commissioner Monroy asked Mr. Grim if the affordable housing requirements are being met by that apartment project? Mr. Grim replied that the affordable housing requirements for the entire Aviara Master Plan and then some are being provided through the Villa Loma apartment project. Commissioner Monroy asked if Cassia Road is delayed, will the children from that affordable housing site have to come down El Camino Real. Mr. Grim replied that the children would have to come down El Camino Real or walk across La Costa Blvd. which would be kept in place, until such time as Poinsettia Lane is finished. Commissioner Welshons asked Mr. Grim about safety measures in the conditions. She cited Planning Commission Resolution 3947 on page 6, under 4A No. 5 - “Offsite Cassia Road from El Camino Real to Poinsettia Lane shall be constructed with full width grading, 28 foot wide paved roadway, all sewer, water and drainage facilities as may be required. The City Engineer may accept other streets or roadways that meet all requirements including the cul-de-sac standard.” She asked if this was phrased in such a way that if Poinsettia Hills, Cobblestone, or any other project in that area fails, they would still satisfy their requirement of cul-de-sac requirements by doing the improvements themselves? Mr. Grim replied absolutely. He added that staff typically tries to design maps that will stand on their own, and that’s how the condition reads. Adding that you cannot count on the improvements of other people. Additionally, a condition has been added per the June 18, 1996 memo from the Asst. City Engineer to the Planning Commission, that has been distributed to the Commissioners. Specifically, Aviara Phase Ill would be conditioned to enter into a reimbursement agreement with those parties that constructed the signal light at Cassia Road and El Camino Real. Commissioner Welshons referred to the second part of No. 5, where the City Engineer may accept other streets or roadways meeting all requirements for secondary access. She asked if this has been added as we traditionally do. Mr. Grim replied yes. If after evaluating all of the improvements that would be required to build Cassia to El Camino Real, the developer should decide that that is not the best way to go, and they want to go somewhere else and it meets the cul-de-sac standards per the City Engineer, they are allowed to do that, yes. Chairman Compas asked the applicant to make his presentation. Mr. Larry Clemens, Aviara Land Associates, 2011 Palomar Airport Road, Suite 206, Carlsbad stated that he fully agreed with staffs recommendation with one provision to add which was language to the June 18, 1996 memo from Asst. City Engineer to the Planning Commission, and has to do with the traffic signal at Cassia and El Camino Real sharing with the affordable housing project. Mr. Clemens wanted to make the point that what they wanted to do is share proportionately the traffic at build out. Chairman Compas asked Mr. Hauser to clarify the point. Mr. Hauser said there would be no objection to add the language. Chairman Compas requested Mr. Hauser to come up with the language. Asst. City Attorney Rudolf asked if the current proposed additional condition is in accordance with the terms of the proposed reimbursement agreement between the City and the Villa Loma developer included in the language or do we need to fix this language to make that clear at this point? MINUTES 5’0 PLANNING COMMISSION June 19,1996 Commissioner Monroy also asked the applicant if he would be including in the proportionality Aviara’s share of the affordable housing traffic, since it is Aviara’s requirement? Applicant Clemens replied that he didn’t follow Commissioner Monroy’s line of question. Commissioner Monroy asked if Aviara was meeting its affordable housing through the Villa Loma, so Aviara would have to assume part of that traffic. Mr. Clemens replied, yes, but that he did not agree with it. Commissioner Noble added that he believed that Mr. Clemens didn’t have to agree with it because he had already assumed his portion of x-number of houses that are already blocked and set-aside even for houses he has yet to build. So in essence it’s taken care of. Commissioner Heineman stated that once they have acquired whatever required affordable housing is necessary in Villa Loma, it no longer is their housing. Mr. Clemens went on to make two other points. Mr. Clemens wanted to elaborate on the requirement of the Cassia/Poinsettia Road connection. He stated that Council Member Nygaard wanted to find a way to make sure that there was a direct access to Aviara Oaks school and to the park site from Villa Loma. Alternate sites came up, and it was at that time that the extension from Cassia down to Poinsettia and connecting to Ambrosia was decided upon. It was at this Council meeting that this discussion and decision was generated. While timing could be an issue, and if the off-site property owners don’t proceed, Aviara has the right to build in advance and then be reimbursed. He added that Aviara was already working with Dwight Spires and off- site property owners on this issue. Lastly, Mr. Clemens asked to have his rights to rebuttal reserved. Chairman Compas so noted his right to rebuttal. Chairman Compas asked what the projected timing for Ambrosia Lane for getting it to the park? Mr. Clemens replied the rough grading was expected to begin this month and hoped to pull the permit to begin rough grading of Phase III in the next few weeks. Being in the Coastal Zone, they will have to stop at a point coming up, so rough grading will have to end at the end of September and then start up again in April. Chairman Compas opened public testimony and asked Thomas Smith to come forward. Thomas Smith, 2945 Harding Street, Carlsbad, stated the same problems exist in this agenda item as in the previous item, namely the problem of access. He added that access should continue to be as good as it has been in the past. Also, he stated that his clients did not want to end up with a situation like the one on the western end, where the grade is impassable in inclement weather. With the lock on the gate, denying the area residents of the additional 700’ they need to travel to get to Alga Road, all three directions of access will be closed off. Mr. Smith illustrated on a map, showing that La Costa Blvd. has been a road for over 100 years and its a road that has been recognized by governments at the local, regional, and federal levels, and feels that there is some obligation to maintain some right to access that the area residents have enjoyed all of these years. Secondly, there is concern over the amount of money that is available for public facilities in this area, and if Mr. Clemens is allowed to do what he is intending to do, he will bum up a lot of money, which may not leave enough to develop Black Rail Court. Mr. Smith added that he felt this was the plan, to use up all the money and then have the burden of paying for Black Rail Court improvements on the property owners. Mr. Smith wanted to know when Black Rail Court was going to be improved. He wants to ensure for his clients that they won’t be assessed a disproportionate amount for improvements to Black Rail Court. He feels that the proposed revisions to Aviara Phase III will eat up a lot of the money designated to public facilities in that area. He wants to know where the real obligations lie with regard to Black Rail Court. Chairman Compas asked if there were any questions for Mr. Smith; there were none. Chairman Compas called Ronald McKinney to speak. Ronald McKinney addressed the topics of land use, circulation, noise, and public safety with regard to Tentative Map Revision. Contrary to staffs position, Mr. McKinney stated that he believes these elements will be negatively impacted by the revision. Mr. McKinney went on to say that changing the access of Aviara - PLANNING COMMISSION June 19, 1996 Phase III to the east to Cassia and then to El Camino Real changed the whole scenario. This proposed revision would cut off all access to the agricultural community to the west of Aviara Phase III. No access means that their agricultural community will be disrupted, and access will be cut-off to emergency vehicles. Mr. McKinney also raises the concern over the direction that the wind blows, which feeds fires. Lastly, Mr. McKinney states this revision would pose a threat to children who have to walk through brush, pass around illegal immigrant camps, and through trees on their way to school. Evelyn McKinney, 6525 El Camino Real, Carlsbad stated her concerns focused on safety issues west of Aviara Phase III. Mrs. McKinney cited a number of illegal and violent activities that have taken place in this area, and emphasizes her concern over the fact that there is the potential for children to be exposed or victimized by such events. Mrs. McKinney went on to cite two cases, Do/en v. Tigard and No//an v. Coastal Commission to make the point that there must be a demonstrable factual relationship, or “Nexus” between a development impact and conditions imposed to mitigate. In closing, Mrs. McKinney stated that she believes there is a nexus here and that area residents need exaction to mitigate it. She then urged the Commission not to approve the Revision to Aviara Phase Ill. Commissioner Welshons inquired how many residents live on Black Rail Court. Mrs. McKinney replied there were approximately 13. Commissioner Welshons asked how many children, to which Mrs. McKinney replied 7 who attend both Aviara Oaks and the high school. Chairman Compas requested Mr. Guy Moore to step forward, and established that he was once again speaking for the same five people listed above. Guy Moore, 6503 El Camino Real, Carlsbad stated that he believed the issue of accessing Ambrosia and Aviara Oaks School by the southerly projection of Cassia Street is a scam to relieve Aviara of covenants to open and construct Black Rail Court. Mr. Moore wanted to point out that Cassia goes down into a canyon approx. 80’ deep. Poinsettia Hill has two connections, which will be projected onto Poinsettia Lane and no one knows where it is going to be and there are three alternates and no one has tied it down or when its going to be built. Mr. Moore went to a map to make his point and illustrate to the Commission. He stated that Aviara does not need the connection, which he believes will be a liability in the future when Poinsettia Lane is built. Until Poinsettia is completed to its future destination, which is Melrose Drive (approx. 5 - 10 years) he believes that Black Rail Court will serve a comparable purpose. In light of this anticipated event, Mr. Moore is petitioning the City Council to include Black Rail Court in the Bridge & Thoroughfare District elements of Zone 20 Facility Management Plan, and donations of existing easements and covenants be considered as payment therefore. There being no one else from the audience who wished to speak, Chairman Compas called on Mr. Clemens for rebuttal. Applicant Larry Clemens, Aviara Land Associates, 2011 Palomar Airport Road, Suite 206, Carlsbad, stated that he and Asst. City Attorney Rudolf believe there is some misunderstanding in this matter dealing with the way the conditions read regarding access to the properties to the west where Aviara terminates at the west boundary on Poinsettia. It doesn’t seem to read in the condition that once improvements are made to that road of the Cassia link and Poinsettia, there is nothing that says that Aviara wouldn’t put up a gate, thereby eliminating access, which is not the intent. The intent is to make the access better for the property owners to the west, and by making those improvements, giving Villa Loma access to the park and school. Perhaps there should be some wording that says that the property owners to the west would have access to those road improvements. Another point Mr. Clemens clarified with regard to a statement Mr. Smith made was that during the time construction of improvements is taking place, Aviara will leave open the current La Costa Blvd. roadway which serves as access today. One last point Mr. Clemens wanted to emphasize was that there is no legal right for access over Aviara’s property by anybody in that zone outside of the property and to clarify what Mr. Smith was saying that at some point in the future they will get the bad news that they are obligated to fund the street improvements north of Aviara’s boundary on Black Rail Court, that Aviara has the MINUTES PLANNING COMMISSION June 19, 1996 Page 16 right to install improvements on Black Rail Court, but not the obligation. Additionally, the access problem that was created that both Mrs. McKinney and Mr. Smith referred to earlier at Alga and Poinsettia was a water main problem, it was not Aviara. It was another developer in Zone 20. Regarding the McKinney’s allegations that inaccuracy or failure to speak to points in Aviara’s EIR and land use findings, and Mr. Clemens reminded the Commission that these were approved by Council and the CA State Coastal Commission in 1987 and 1988 and still stand. The 1200’ intersection altered to a 600’ intersection for Cassia was not a standard as stated by Mrs. McKinney. Rather, it is a policy of the City, and as such is the best consideration by the deciding body. With regard to the fencing off of La Costa Blvd. from their property, this was required by the City of Carlsbad because people were illegally dumping on Aviara and the City’s property. The only way to eliminate the dumping was to fence it and then dig a trench, because people would go around the fence. Mr. Clemens stated that Aviara is very concerned over the safety of children and is putting Ambrosia Lane through as quickly as possible, which should begin within two weeks. One final point made by Mr. Clemens is that Aviara is not scamming anybody. It is the desire of Aviara to solve the problem with the access and make it better to the north. Mr. Clemens reiterated that Aviara does not have an obligation, only a right to construct the Black Rail Court north of Aviara’s boundary. Chairman Compas asked Mr. Clemens for clarification that Aviara will not disrupt access to the east while improvements are under construction. Mr. Clemens answered access will not be disrupted at any time. Chairman Compas closed public testimony and asked staff for information and further clarification. In chronological order, Mr. Grim began with Mr. Smith’s request that staff add a condition that access through construction of build out of the project would not be hindered and, as Mr. Clemens explained, Aviara’s intent is not to disrupt access. Therefore, an explicit condition will be drafted to reflect this intent. (Mr. Rudlof noted that Mr. Hauser had already done this.) Additionally Mr. Smith said La Costa Blvd. property was assumed by the City and this is not correct, according to Mr. Hauser, private proscriptive rights easements would be the only thing across La Costa Blvd. With regard to the amount of money being spent in this area that is of concern to Mr. Smith, this money is being spent by Aviara Land Associates as private property owner, and this money is being spent on circulation roadways because of requirements placed on Aviara by the City for subdividing. Property owners to the west, while they are much smaller property owners, would probably have to get together in union to do the type of improvements that are being discussed tonight, however, it is not the City building the road, therefore this money is not coming from the General Fund, or Bridge and Thoroughfare Fees, and essentially there is not a city well to dry up as a result of improvements being made in this matter. With regard to the fact that these areas are impassable during inclement weather and the inability for emergency vehicles to get in and out, Mr. Grim pointed out that a dirt road will be replaced with a fully paved road, making improved access rather than declining access. With regard to Mr. Moore’s comment on Poinsettia Road, staff is certain that Poinsettia will be aligned in the future, and as far as knowing where Poinsettia road will be built, staff has vertical and horizontal controls knowing where that’s going to be built through the Aviara project. Mr. Grim deferred the matter of the Bridge and Thoroughfare District to Mr. Hauser regarding adding a road to that district. Chairman Compas inquired that if Black Rail Court was to be built in the property outside of Aviara, that that is going to have to be paid for by the property owners? Mr. Grim replied that there are two other maps that are “on the hook” for secondary access, however secondary access is not full street improvements. Therefore, to get the full curb, gutter, and sidewalk, staff would have to consider this use for primary access and the property owners, just as all property owners in the City are required to improve the frontage of their property. Bottom line, yes, property owners would have to pay for full street improvements. Commissioner Monroy inquired about conditions 2 and 5 of Planning Commission Resolution No. 3947, addressing the issues of streets, and it specifies certain conditions such as drainage facilities, etc. but does that include sidewalks as well? PLANNING COMMISSION June 19,1996 Mr. Grim answered that the only portion that includes sidewalks is area no. 2. Per policy on exaction, staff is only requiring full street improvements within the subdivision boundary of Aviara. Therefore, only a small link of Cassia would be required to have full street improvements, which include curb, gutter, and sidewalk. The southern end of Cassia does not have the improvements. It would only have a 28’ wide paved roadway. Mr. Hauser added that when it is conditioned it would not have sidewalks. Commissioner Monroy stated that this was a substantial concern for him when talking about safety issues. One of the issues here is the safety for the children who attend schools to the south. And, the pedestrian walk survey by the City gives the schools high priority on the sidewalks; number one priority. Therefore, there should be at least one sidewalk on one side of the street. Mr. Hauser responded that could be conditioned in. Chairman Compas asked staff if there wasn’t a sidewalk, wouldn’t people from Villa Loma have a hard time getting to the park? Mr. Hauser responded that they would have to walk in the shoulder area. Mr. Grim added that it was secondary access and therefore, theoretically the only people using this access would be emergency vehicles. Commissioner Monroy again brought up the issue of safety for the children walking to school and the need for sidewalk. Commissioner Monroy reiterated his concern over this issue. Mr. Hauser said staff had the same trouble when putting the condition together because typically, for secondary access roads, a 28’ section is what the requirement states, because it is primarily used only as a secondary access. The problem with this is that this secondary access acts as an access for another project on the other side of it, so who is responsible for putting in the curb, gutters and sidewalk - Aviara or Villa Loma? It was harder to use this as a nexus to come up with an answer of who should pay what portion, but if Commissioners feel that it is a matter of traffic safety, it wouldn’t do to have secondary access unless you had a sidewalk on one side of the street, and then you could find it probably should include a sidewalk on one side. Commissioner Monroy stated that was why he raised the question about proportionality and the signal earlier. The nexus that he sees is that the affordable housing requirements of Aviara have been met by Villa Loma, and therefore that should have a sidewalk because those apartments would not have been built unless Aviara suggested it to meet their affordable housing requirements. Commissioner Monroy went on to say that he did not believe Aviara should be responsible to pay for all of the apartments, just their proportion of affordable housing units. He added that he wondered who was going to pay for the signal and the sidewalk. Mr. Hauser answered that payment for the improvement of the signal was paid for in the original Villa Loma project and it was paid for by the developer. Therefore, Aviara has already paid for its proportional share of improvements. Beyond the Villa Loma project there will be other development that will utilize the signal and therefore staff wants to get a proportional share from those developments. Commissioner Welshons suggested asking the applicant if he would agree to put in sidewalks on one side to the road with the understanding that he would be reimbursed as the other projects come in on Cassia. Chairman Compas asked applicant Larry Clemens to come forward and address Commissioner Welshons’ question. Mr. Clemens agreed to make improvements and install a sidewalk on one side with the understanding that he would be reimbursed as other developments came in. PLANNING COMMISSION June 19,1996 Page 18 Chairman Compas asked Mr. Hauser if he agreed with the statement from area residents that they have lost their ability to go west. Mr. Hauser answered, agreeing that there are problems with access out there during inclement weather, which staff will try and solve, and move the water line, which Council authorized a few weeks earlier. Chairman Compas asked Mr. Hauser what the time line was estimated to be, to which Mr. Hauser answered it would take another few weeks to get out there to do the work. Under the best conditions it would probably take a couple more weeks. Commissioner Welshons asked if these were not the same issues that were raised with regard to Chestnut and the antennas? Staff heard the complaints and were going to investigate. Based on testimony tonight, if the land owners in that area have not been conditioned to put in an adequate road and have not done so, and the City is aware of it, by this public hearing our obligation is to look into it and get it resolved. Chairman Compas added that the Commissioners would like the staff to look into this problem of what appears to be lost access to these people and straighten out the matter, and make a report back to the Commission. Chairman Compas suggested 60 days, and Commissioner Heineman suggested 30 days. Chairman Compas requested staff to report back within 30 days. Commissioner Noble inquired how far it was from Villa Loma to Aviara Oaks School. Mr. Hauser replied it was approximately 1.6 miles. Commissioner Welshons inquired if conditions were ready to be heard. Mr. Hauser replied that he had the m condition No. 6 to Resolution No. 3947, which reads, “The developer shall allow vehicular access, including trucks, from Poinsettia Lane west to the existing private farm access road known as La Costa Boulevard. The vehicular access shall be constructed to the satisfaction of the City Engineer and be permitted both during and after construction of Poinsettia Lane and the project.” In addition, staff would renumber No. 6 to No. 7. Chairman Compas asked if the applicant wanted to comment on that. Mr. Clemens wanted to clarify for the record that he generally agreed with what Mr. Hauser said but wanted it understood that the developer will provide a transition road from the improved Poinsettia Lane to the existing roadway known as La Costa Boulevard. Mr. Hauser agreed that was the intent of the language he drafted. Chairman Compas asked Mr. Smith if he would like to comment. Mr. Smith responded that if this means his clients will have the same access they have always enjoyed, that is agreeable. Mr. Hauser said that while it may not be exactly the same, it would be equivalent to what they have enjoyed in the past. It will be maintained so that it does not have a steeper grade. Mr. Smith also noted a dangerous condition on the west side that occurs when you go down and then come up you lose sight of whoever is coming in the opposite direction. Chairman Compas asked for the other condition that had to do with sidewalks, and asked staff to read the new language for the sidewalk condition. Mr. Wayne responded that Condition 4A 5 would be amended to read as follows, “Offsite Cassia Road from El Camino Real to Poinsettia Lane, shall be constructed with full width grading, 28 foot wide paved roadway, all sewer, water and drainage facilities as may be required (added language) plus new curb, gutter and sidewalk on the north side, subject to potential reimbursement by other adjacent development.” Mr. Hauser suggested that 28 foot be changed to 32 foot, which would be the normal standard of l/2 street plus 12. PLANNING COMMISSION June 19,1996 Page 19 Commissioner Welshons said she thought there was one other condition that the City Attorney was suggesting. Mr. Wayne said there were two. They are in Resolution No. 3947, Condition No. 3. The Planning Commission does hereby recommend can be deleted, and the sentence should start “That Condition 3, item 3 of City Council Resolution 9441 dated . ..” So, just delete the first part of the phrase. Commissioner Welshons wished to address Mrs. McKinney, since her name was featured in her letter. She wanted to make a statement and said she appreciated the comments on her tenacity and inquiring about details. She asked Mrs. McKinney to respect her responsibility as a Planning Commissioner and that there are strict legal parameters that she needs to work within and one of those is regarding nexus and #o//an and Do/an cases that were cited. It is clear that the shortest route for the applicant is to make their secondary access via Poinsettia and Cassia Road. She was sorry that it ended up that way for Mrs. McKinney personally, but that this Commission and City Council expressed the concern about connecting Cassia. Therefore, Commissioner Welshons feels compelled to support staff in this matter. ACTION: Motion by Commissioner Welshons, and duly seconded, to adopt Planning Commission Resolution No. 3947 recommending approval of the revision to a tentative tract map CT 92-03 (CT 92-03(A)), based upon the findings and subject to the conditions contained therein plus new Condition No. 6, new No. 7 as read by Asst. City Engineer, the addition of language regarding the sidewalks to Condition No. 4A No. 5, Condition No. 3 deletion of the first part of the Condition as read by Assistant. Planning Director and Assistant City Engineer, and the June 18, 1996 memo adding a new condition No. 7 and noting the change to that Condition No. 7. VOTE: 7-o AYES: Compas, Heineman, Monroy, Nielsen, Noble, Savary, Welshons NOES: None ABSTAIN: None Chairman Compas closed the public hearing and thanked everyone who participated. ARPORT 1 PROPOSED SECONDARY .f?ASSIA RD / POINSETTIA LN %% k AMBROSIA LN I..III####~ \ I . . * . + : 88 ~IIIIIIIIa- : : : : : : %a w f m : I s 1111111111~ 3 : l * + m : : l * : i.‘.jt AVIARA PHASE Ill CT 92=03(A) _ - ._ -.ylr& COBBLL - rONE M:.-----ufl -R 200 UNITS There are no legal easements North of .-_ --1___. .-..---._ the tanks I I ocean bluff 1: I ~‘,?‘r;./; % / 100 units : ,I ! t ’ , / I ai . 7j -. ,,” :.,i ,! \I,+ .- -_ 0% ! . ‘\ NOT Tb SCALE \ -- -._.. .a*.-. ‘\ 1 \ ’ ‘,’ 1, ,;::;y&cI, .--..--.J \ I. ‘\ i----.-*--. “.’ .-_- I.--- -_ I i --, ---- -...; 1 : T i $a~& b & ac 2 - - -... , _ .__ _ 1 p q7F I * j ! e? 8 --em..-. $ $?5$@ bJ;]s ip9”,ai” QQ@ \ 6 1” \ i i----- -- --.._-_ - __.._ I . E .I ---. .- __-. - _.... .__ -------.-:e. --_--- ;I -- / --.-r-w.- \, I “\ 4 /,j /:1 (2 r L !_) 3 \ ,‘, 3’ Q, IQ? /, ;” _ , / / -_ ‘\ “‘\ ‘. P. ’ ‘\ < ‘\I \ ‘q., ) ‘\ \ ? ‘-. . . ,’ / ’ a- r//3j?L i?caA-i . u PLANNING COMMISS - J June 19, 1996 Page 15 Phase 111 to the east to Cassia and then to-El Camino Real chana@-the, whole scenario. This proposed .- . WC w.- revision would cut off all access to the agricultural community to the west of ‘Aviara Phase III. No access means that their agricultural community will be disrupted, and access will be cut-off to emergency-.vehicles. Mr. McKinney also raises the concern over the direction that the wind blows, which feeds fires. Lastly, Mr. McKinney states this revision would pose a threat Qch.i!dren who have to walk.through..brush, pass around - _-I.. ^ -- illegal immigrant camps, and-through trees on their way to school. -_. ..- .- Evelyn McKinney, 6525 El Camino Real, Carlsbad stated her concerns focused on safety issues west of Aviara Phase III. Mrs. McKinney cited a number of illegal and violent activities that have taken place in this area, and emphasizes her concern over the fact that there is the potential for children to’be exposed or victimized by such events. Mrs. McKinney went on to cite txvo cases, Do/an v. Tigard and Nollan v. Coastal Commission to make the point that there must be a demonstrable factual relationship, or “Nexus” between a development impact and conditions imposed to mitigate. In closing, Mrs. McKinney stated that she believes there is a nexus here and that area residents need exaction to mitigate it She then urged the Commission not to approve the Revision to Aviara Phase Ill. Commissioner Welshons inquired how many residents live were approximately 13. Commissioner Welshons asked hc 7 who attend both Aviara Oaks and the high school. re !d Chairman Compas requested Mr. Guy Moore to step speaking for the same five people listed above. in Guy Moore, 6503 El Camino Real, Carlsbad stated that I- Aviara Oaks School by the southerly projection of Cassia : opeLand, construct Black Rai! Court. Mr. Moore wanted t appmx. 80’ deep. Poinsettia Hill has two connections, wh petition9 the City~o~~il to include Black Rail Court in33 C_....w- 2QJ5a&ib0Janagament-E9an, and donations.of existing easements a@ .~~~~~~~~~-os-y~~ therefore. There being no one else from the audience who wished to speak, Chairman Compas called on Mr. Clemens for rebuttal. Applicant Larry Clemens, Aviara Land Associates, 2011 Palomar Airport Road, Suite 266, Carlsbad, stated that he and Asst. citu.Attnm_ev Rudolf believe-there is some misunderstanding in this matter dealing with the way the conditions read r~tigaccess,tg the omoertie8Jpthewest -where Aviara terminates at the west bound~.n&&s@Ij.a. It doesn’t seem to read in the condition that once improvements are made to that mad of the Cassia link and Poinsm-, there ~s~~n_g_a~~~~.at~j-~~u~dn~t.put.up.a.g~~ @imjn@hg 3~~ ws not the intent. The intent is to make the access better for the pmperty owners to the west, and by making those improvements, gEgVs&oma access to the parkxd school. Perhaps . . . . ..-m-.0. there should be son%wo%i~g~~~y~e property owners to the west%o%;ib have access to those road improvements. Another point Mr. Clemens clarified with regard to a statement Mr. Smith made was that during the time construction of improvements is taking place, Aviara will leave o Blvd. roadway which serves as access today. One last point Mr. Clemens wanted to emphasize was that thsht for,- wer Aviara~~@@ybya~bo&&@&o~~@sj&@J& pmpertv and to clarify what Mr.. Smith was - a......... ._....- saying . . ..-I*.--_. ,.., ea.- - that at some point in the future they will get the bad news that they are I-T.= .,._. a_ . . d to fund the street improvements north of Av~a-;s’~~~d~~~oln_~!~~~-R~il Court,- .,: . . . . C.,e,.=:n.^*^...-r,r .*..,. e.-. I..-,-lliUII.l -. -.-- -.- --.-I 37 \ . I_. .’ 6 .._ v . iiANNING COMMA, JON June 19,1996 Page 10 Mr. Moore called the’&nmi&ii& 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 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 dghtof-way that was demanded by the County from Mr. Ayres and himsetf to pmvide circulation. He feels that now the Cii 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. .-,_... _- ..,-. - ..-illlmre stated tha~i’Black Rail Court wasn t developed by Aviara, it would probably. never.bed~tox& 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 pmject was to require the applicant to sit down with the adjacent property owners and work out an overall circulation access plan. When the overall .__ . --.. --.. I- picture was evaluated, staff concluded that the proposed access is the best available one that would selve all of the property owners and still maintain the 1300 intersection standard on Poinsettia Lane.” Mr. Moore stated that the proposed connection to the prop0 and was denied by, the Commission. Mr. Moore m0m y!!!ys:~~&&,&n A & /3/ /9PL I standards secret back No questions were asked of Mr. Moore. Chairms jGLiLf - : ,,,, . who wished to speak on this item. There were nor come back for his rebuttal. : . ,_ ‘i: Applicant Larry Clemens of A&a Land Assoc returned to give his rebuttal. Mr. Clemens pointt from the property owners only this evening,. and h; 3ut that the testimony given had no rdationship whatsoever w ns’ rebuttal included the following points: With regard to Tt etween the property owner’s access and operating the lnfon h 1 serves to discourage illegal dumping that tends to occur on that it should be reapected’as such. He added ths With regard to funding facilities, Aviara has paid il rlic faciliies that are in detriment here as a result of anythin, . . ..- ._ __-_ =. _ __ _ 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 wefIt on to say that he felt it was an inaccurate statement that property values have decreased, and mther, 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. Mcfinney, 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 iwr-ment agreement Wx?Bat Avh has .no oblig~ti.~n.~to.~ns~~~~~~~o~. or.%! i.mpro?rq! B&k. 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 B!ack Rail. So until that exists, there is no.oh!igatign-to .--.--- .._^ 4---s--...-. ._. pave Aviara’s section of Black Rail Court Regarding Mrs. McKinney, Mr. Clemens said during the hearing on __-. ._ Poins&<?t-w&?he 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 MINUTES ;.. ‘. r, . , :! , ;:; l - n . 5’. &y .p ;., ‘.‘p/ t i\ l-J ‘oc. f 4 \y,. OQ” l .’ i! m (‘. . . v f . . Y I- ii - ! . !;c;; 7: 3 0, * II *;;, GRANT OF EASELENT ’ . ;a.;, / r’? . I d.. . ?., LIZ; ;. :.. 2 :- / *.,n:. .y:cr.i. ’ GORIJON 0. OLTON and WRY JANE OLSON, hfm rife, do hereby grant to FRANK Il. AYRES L SON, a corporation, an cast- mcnt for roadway purposes and right-of-ray for instrllatlon of public utllltlcs and plpclincs over property situated in the County of San Uicjio, State of California, described aa follorr: Portions of Section 22 and Section 27 of Tornshlp 12 South, Nanp 1 west, SOBY, County of San Dlcgo, St? tc of Ca 11 Cornla, drrcrlbcd as follows: Ocglnnlnp, at the Intersrct1on of the North-South crntcr llnc nf arid Scctlonr 22 l nd 27 with the Southerly boundary nf S:cctlon 22 Cqcln~ aIS0 th* Northerly boundary of SectIon 27) thcncc at right angles 91th said ccntcr llnc Eartcrly JO fc*t; thcner Northrrly parallel r1th sald crntrsr llnc fifi0 fret: thrncc westerly, at right angles rlth said crntcr Ilnfi Gll feet; thence Enuthetly parallel with nalcl contrr firm 1980 fret; thence rt right anKlcr with said CrntPr Iin* 30 fret Cn said ccntcr I lnc: thrncr Northerly along 8aid ccntcr line 1320 fret mnrr mr lrrs to pnlnt Of brglnnlng. to h4. . . . . , . . v8rd by thr. Crantcl? CI e .-,. ?..--I.“-7 . ...,,,,acL\:;!hfr rlth oth-rs and thti public .-.. _ --.-na..--.-..-... . . . . . . . . In gcncral, fnr )iuch rnrdrry purp~~scrc and rlfih!ef-,pf-way for . . . ..\\2l\il .t L--f..... mm....--....-. . . . . . . lnmt~llatlnn of~31111lir - --.- ---. utllltlrlc and plpcllnr?s, 91th the full ._--..-C. . . . . I.. . - . . - port-r vrstrtl 111 lhr. Grantee. tar grant nr dcdlcrtc ruch rascmrnt . . . .-- . .- -.;-- . . . - I. or right-of-...y 111 guy ~lubllr bw(y 38 3 puhllc atrrrl and the L.S.M -....-l.--..--*- “-----U...-~. -.--.--..-I -..A.. ..,*-‘----.I right to grant io ntlwrr the rlcht tn lay plpcllnr~ nr Install . . . . . . . . _ . . utllltlcr of th<* tr%wI klncl nvcr raft1 prnpcrty. __ . . . . . . . ._ . . . .I..__ .-,_. . .-..- . . ..w. . . . . . Uatcd: d’ GORIJON U, OLTON ,%hIIY ml; ‘,I.TUN STATE OF ChI.IFUl~SIA, I . RR. t County 0-f San I~I**r.n. f .I ‘( . , 1959, bt.fnrc. rnr the unclrr- lralll Cnrlnty and ;;atr, ,,,.r- OI.TO!* a ml 'iq. t 0 bv M.\lIY JAKI: lll.TlJ.u, ktrc,.,, to t hr. ,a, I *. *a11 I . It cl:.8 t14mu % arr $<strunrnt .ifvl .~vI.rt**r Ir *11:e.d sdrrcrlbn 11 to tht+ ~1 tb:,, thYI thf*y ,*rvrutrrl the. ran, - ‘. . . .‘. .,,a \,lT?*l. -.z : ..,. I, .a?S.l 1~1llr~lal W;ll. . . -.* ‘. i . 8 . . t . . . . I . ...> -... ’ I<>,>,’ t I i \ ‘.::I. ,.,I., t .:,.\ 1 ,&U., I ‘VW ns .,.:., ,,,. ,‘ill,,, F<s,m ._ . 236~05-1 SCHEDULE B This policy does nor insure against loss or damage by reason of the. following: PART ONE: 1. Taxes or assessments o/hlch are nor shown as existing llrna by the records of any taxing authority that levia (ua or assessments on real properry or by the public records. 2. Any facts. righrs. tnreresrs,or claims which arc not shown by the public records bur which could b axertxjnd by an lnspcction of said land or by making inquiry of persons in possrssion thereof. 3. Easemenrs. claims of easemcnr or encumbrances which are nor shown by the public records. 4 DIScrcpancles. conflicts in boundary lines, shortage in area. encroachmenu, or any other facts which a corrm gur. vey would disclose, and which are not shown by rhe public records. 5. Unpatented mining claims; reservations or exccprions warer rights, claims or ride ro water. in patents or in Acts authorizing the iuuna thermi; PART -i?WO: 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.0 ants for himself, successors and assigns not to place or maintain uilding or structure thereon. ------m--------- Page Three HINUTES 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 Imorovements 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 Proqram: 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 ofthe flight path corridor ofMcClellan- 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 physical development of industria1 areas recognizes the need for compatibility among the industrial establishments involved and does not permit incompatible uses. C. 7 Recognize that the existing boundaries of the 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 authorization 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 unIess the applicant can show why another nearby site is better. C.9 Allow, by conditional use permit, ancillary commercial, office and recreational uses when clearly oriented to support industrial developments and their populations. These include but are not limited to commer- cial services, conference facilities, daycare centers, recre- ation facilities and short term lodging. C. 10 Require new industrial development to be Iocated in modem, attractive, well-designed and land- \ scaped industrial parks in which each site adequately provides for internal traffic, parking, loading, storage, and other operational needs. C. 11 Regulate industrial land uses on the basis of performance standards, including, but not limited to, noise, emissions, and traffic. C.12 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 completely 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 Analyze the feasibility of zone changes to redesignate the Commercial Manufacturing Zone and the Manufhcturing Zone as Planned Industrial Zones. I AGRICULTURE I A. GOALS I A. 1 A City which prevents the premature elimi- preserves said lands wher- 6. OBJECTlVkS B. 1 To permit agricultural land uses throughout B.2 To &serve the largest possible amount of for agricultural purposes, through the willing compliance of affected parties. -. . E3 Lya- :- B.3 To develop measures to ensure the compat- ibility of agricultural production and adjacent land uses. B. OBJECTIVE C. IMPLEMENTING POLICIES AND ACTION PROGRAMS 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. 1 Support and utilize all measures available, including the WiIliamson Act, to reduce the financial 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. IMPLEMENTING POLICIES AND ACTION PROGRAMS e C. 1 Preserve Buena Vista Lagoon and Batiquitos Lagoon as visual resources and wildlife preserves. C.3 Consider theacquisition oflands orproperty rights for permanent agricultural uses through methods or means such as tnxts, foundations, and city-wide assess- ment districts. 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.4 Attempt to preserve the flower fields or lands east ofI- to the first ridgeline between Cannon Road and Palomar Airport Road, through whatever method created and most advantageous to the City of Carlsbad. 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 tb preserve the integrity of hillsides. . C.5 Buffer agriculture from more intensive urban land uses with mutually compatible intermediate land uses. i : C.6 Encourage soil and water conservation techniques in agricultural activities. C.5 Limit future development adjacent to the lagoons and beach in such a manner so as to provide to the greatest extent feasibIe the physical and visual accessibil- ity to these resources for public use and enjoyment. . ENVIRONMENTAL A. GOAL 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$&onda Land Use Plan. 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 r-e- view in accordance with the California Environmental Quality Act (CEQA) for all projects that have the poten- 42. , c..i 1. tial to impact natural resources or environmental features. i . ; : * ; . . . t L I L i I I I I L L L L l L L c ! Page 36 Rev. 8194 - Chapter 21.07 E-A E?(CLLSItZ AGRXmLTZ’RAL ZONE Sections: 21.07.010 21.07.020 21.07.030 21.07.040 21.07.050 2 1.07.060 21.07.070 2 1.07.080 21.07.090 21.07.100 21.07.110 2X.07.120 Intent and purpose. Permitted uses and structures. Permitted accessory uses and suucmres. Uses and structures permitted by conditionaluse permit. Lot area. minimum. Lot 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- trict is to: ( t ) Provide for those uses. such as agriculture. which are customarily conducted in areas which are not yet appropriate or suited for urban devel- opment: (2) Protecr and encourage agricultural uses wherever feasible: (3) Implement the goals and objectives oft& general plan; (4) Recognize that agricultural activitikare a necessary pan of the ongoing charact? 6f Carfs- back : .’ (5) Help assure the continuation’of a healthy. agricultural economy in apprqp’riate areas of Carlsbad. (Ord. 9384 3 2 (pa+ 1974) 21.07.020 id Permirted uses and suuctuns. In the E-A exclusive agricultural zone only the following uses and sm~cturcs are permitted su& jet! to the requirements of this chapter and to the development standards provided in Chapters 21.41 and 21.44: ( 1) Canle, sheep. goats and swine production. provided that the number of any one or com- bination of said animals shall not exceed oae animal per halfacre oflot area Said animals shall not be located within fifty feet of any habitable Wucture. nor shall they be located within three hundred feet of a habitable sfructure oa an adjoining parcel zoned for residential uses. nor shall they be located within one hundred feer of a parcel zoned for rekdential uses when a habita- ble stmaure is not involkd. In any event. the distance from the parcel zoned for residential uses shall be the greater of the distances so in&-’ cated; (2) Crop production: /- / (3) Floriculture: p-y i I (4) Greenhom,eZs._than two thousand i square fket provided all requirements for yard I i setbacks and height tie mer: (5) Horses. p@cate use: (6) Nurxry, Crop production: (7) Poultp: rabbits. chinchillas. hamsters and other srnatf animals. provided not more than twentyYfiire of any one or combination thereof shall_be kept within fib feet of any habitable stnkure. nor shall they be located within three hu’kdred feet of a habitable stmcture on an adjoining parcel zoned for residential uses. nor shall they be located within one hundred feet ofa parcel zoned for residential uses when a habita- ble svucture is not involved. In any event. the distance from the parcel 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 nearer than twenty feet to any suttt or highway; (9) Tree farms: (10) Truck farms: ( 1 I) Wildlife refuges and game preserves: (12) Other uses or enterprises similar to the above customarily carried on in the field ofgen- erai agriculture: ’ 562 , .I ” PAGk 2,4 - ( 13) Signs subject to the provisions of Chapter 21.41; (14) Satellite television antennae subject to the provisions of Section 21.53.130 of this code. (Ord. 9804 9 6 (part), !986:.0rd. 9785 5 2, 1986; Ord. 9674 5 2 (pan), 1983; Ord. 9427 9 !, 1975: Ord. 9384 0 2 (pan), !974) 21.07.030 Permitted acs.gssocy_uses.~ ._.- . s_sQ-c- 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 structures required for the conduct of the permitted uses; (2) Farmhouse, singie-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 540 I et ‘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 penons 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 procming plant is located within fifty fett of any lot line: (8) Public .works projects: (9) Sanitary landfills. temporary; (10) Stables and riding academies. public: (I!) Greenhouses greater than two thousand square feet. provided all rquirements for yard setbacksand height a.& met. (Ord. 9545 5 1.1980; Ord. 9507 5 1, 19.78: Ord. 9427 4 2. 1975: Ord. 9384 8 2 (parth i974) ,/” seq.) on a foundation systems pursuant to Set-/ 21.07.056 Lot area, minimum. e/minimum required area ofa lot in the E-A shall conform to the area expressed less than the number following the Ord. 9384 4 2 (part), 1974) 21.07.040 Uses _ _.-...-- coaditiQ&w-pgxmit- Subject to the provisions of Chapter 2 1 JO. the following uses and structures are permitted by conditional use permit if’ adjoining land uses are transitional in nature: (1) Apiary, provided that a!l hives or boxes housing bees sha!l 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; zoning symbol on the official zoning map. except that in no event shall a lot be created into less than ten acres in area Example: E-A- I5 sha!! 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-A zone sha!! maintain a minimum width at the rear line of the required front yard of not less than three hunti feet. (Ord. 9384 6 2 (part). 1974) 21.07.070 Front yard. No building or suuctun. except as o&wise provided by this chapter, shall be erected or placed less than forty feet from the Front lot tine. (Old. 9384 $2 (pm), 1974) 563 - PAGE j;5 - 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 5 2 (part), 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) 2 I .07.100 Building height. ?Jo 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 fet from any propeny line. shall exceed two stories or thirty-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 propeny line may exceed thirty-five feet in height pursuant to conditional use permit. (Ord. 9384 $ 2 (part). 1974) 21.07.1 lo- Lot covenge. Lot coverage with buildings and structures shall not exceed forty percent of the lot. Buildings and smmurcs used for growing or raising plants are not counted as coverage. (Ord. 9427 $ 3, 1975: Ord. 9384 4 2 (part). 1974) 21.07.120 Development standards. NO one-family dwelling unit. whether it tX 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 shah have a minimum dimension of twenty feet square. -IL (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 shall satisfy the requirements of this section. (3) Exterior siding material shall be stucco. masonry. wood or brick unless an alternative exterior material is approved by the land use planning manager. The land use 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. h’o roof shall be made of cortugated. extruded or stamped metal. (5) All dwelling units shall have a minimum width of twenty feet. (Ord. 126 15 37.1983: Ord. 9599 8 2 (part), 1981) .- . . / ! ‘L. 564 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. 74. Siqnaqe. Prior to the -issuance of the coastal development permit, the applicant shall submit a comprehensive sign program for Phase 7 of the project. The sign program shall prohibit the erectlon 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 uritten approval of the Executive Dlrector. . . 15. Laqoon Siltation/Fiih b Wildlife Aqreement: Prior 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 Declarations. The Conission finds and declares as follows: 1. Project Location/Site Description The plan area of the Pacific Rim Master Plan is located in southern Carlsbad east of Interstate #S. 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 characterited 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. lhe 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 #1 and #la, but inland of the required wetland buffer, to keep drivers of golf carts and other mechanized equipment away from 8atIquitos Lagoon and its wetlands. 11. Future Development. This permit Is valfd only for the proposals listed below: . , . (A) Conceptuai approval of the Pacific 'Rim Country Club and Resort ' Haster Plan, as modified in this permit; (8) Subdivfsion of porttons of Phase I of the site <II accordance with the City of Carlsbad's subdivIsIon map CT 85-35; (C) Implementation of Phase 1 of the Master Plan including: grading in Planning Areas l-16 and construction in Planning Areas 1, 2, 9, 70, and 11 as indicated on Exhibit #I 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 #ll; 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 consistencywith 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 permft(s). 32. Archaeoloqv. 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 ihall be completed as recommended in the EXR 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. , .13. Water Quality, Prior to issuance of the coastal development permit, the applicant shall submit plans and a report, as necessary, for the proposed - .- . . . 31 f I EXHIBIT NO. I{ APPLIC;-l-;~Nf’$$ - - b oCFe,+t DAVID K. SPEER county Eng1nee.r H.M.TAYLOR - AssIstant OFFICE OF THE COUNTY ENGINEER J.W.COLQUllOUN Dep-Admin. R.J.MASSMAN Dsp-Plan& Trarf. Bldg. a2, County Operationa Cantar, 5555 Overland Avmur J.F.MULCREW Dep-En~lnesrl,,~ San DImgo, California 92123 Phona : 278-9200 J.W.SETTLES Dep-OperaClans Novexbcr 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) Rollte Location, S. C. l.Zl.0, Kelly Drive (3) Route Location, S. C. 1320, Carnino Scbre Las Lomas (4 Route Location, S. C. 1340, Caifillo Way - Mtnctied for your information are prints of the completed 200 ecale route location study of the subject roubs. If additional coordination regarding the study is desired, piease contact our Advance Planning Division (27d-9209, extension 283). Veq truly yours, ‘+&yq, Jq2a-w D. K. SPEER DKS:JS:ls AtLsc:hments cc: F. B. Julian . _, . . . I ‘2 - . .- - -._ ..-. ., _. _- . 4; - - --- -. - -_ . . -.- .-- _ _ _ _ __, ___ _ _ _ _. - - . . ATTACHMENT ‘A’ PROPOSED ASSESSMENT DISTRICT FOR POINSETnA LANE AND ALGA ROAD PROPOSED CMWD FACILITIES NAME OF STREET AND LIMITS POTABLE RECLAIMED Size; Proraure Zone SEWER SIZE 320; Pressure Zone 18 (384 HG) lLGA ROAD - From Palomar Airport Road to Cherry Blossom (in Sambi) 12’ (384 HG) 8’ (local) (collector) (375 HG) (550 HG) 12’ (384 HG) 8’ (local) (collector) UGA ROAD - From Cherry Blossom to Poinsettia Lane 24’ (375 HG) l * (550 HG) ‘* (So0 note) 12. (384 HG) ~OINSEll1A LANE - From Alga Road to Blackrail Road Vote: These are parallel waterlines to the &sting 18” steel and 12’ A.C.P. waterlines which runs parallel and north of Poinsettia Lene. 8’ (local) (collector) 34 (550 HG) l * (375 HG) l ,* (SO@ not.) 12. (384 HG) (So. Note) 8’ (local) (collector) ?OINSETTIA LANE - From Blackrail Road to Ambrosia Lane w ’ The 30‘ is a replacement for the exjsting 1V steel waterline. The 12’ reclaimed is a replacement for tthe existing 12’ P.V.C. reclaimed waterline located in an easement 34 (550 HG) +* 12, (375 HG) (So. note) 12. (384 HG) 8’ (local) (collector) POINSETTIA LANE - From Ambrosia Lane to El Camino Real & The 301’ is a replacement for the existing 18’ steel waterline. The 12. reciairned b 8 replacement for the exMing lr P.V.C. reclaimed waterline located in an ment. PRESSURE REGULATING STATIONS: 1. Located at Poinsettia Lane and Blackrail Road. Located at Poinseffla Lane and east&y boundary of Aviara Phase Ill. 2 each 4) Propored Water, Recialmod Water and Sow- Factlltt~ to ba In Polruotth Lana and Alga Road, Par C.M.W.D. Master PIuu 3) Capital Improvement Ptojach are funded by ttw CMWD or subject to nimbunoment and arm deslgnatrd In tha tablo wtth ** CMWO 9560: FINANCING METHOD Facility 6.4 Special Condition Estimated Cost Source of Funds Financing Guarantee Responsible Area Reimbursement Alga Road - PAR to Poinsettia Lane B.2, B-5 %2,355,100 (Ph. I), %1,268,120 (Ph. II) Developer Improvement agreement A-G (all), except parcels located in Assessment District No. 88-l 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 El Camino Real Special Condition B.4 (part), B.6 (part) Estimated Cost % 1,929,280 (Ph. I), $1,038,820 (Ph. II) Source of Funds 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 Camino Real is approximately 4,430 lineal feet. See also estimated costs for Facility 6.6. Source of Funds This facility sha!l be constructed Y:, 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 , - c - f . , PLANNTNG COMMISSION June 19, 1996 Page IO Mr. Moore called the COmmiSSiOn'S altUItiOn to a grant of easement by Gordon and Mary Olden to Prank Ayres dated August 25, 1969. 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 meeting !seY . emphasized that there have been extensive public hearings, done both by the City as well as Aviara to explain and discuss the project. He wetlt 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 lnfomration 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 Aviam. It says that they have access and the , -s 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 . Assistant Planning Director GEW:hlG:bk . 2075 Las Palmas Dr. - Carlsbad. CA 92009-l 576 - (619) 436-1161.- FAX (619) 438-0894 @ y=-/;,- ‘_ *.. 1 I 1, Ja:.,y- ’ .:.e /C *.- .r= .; ;++;- - 1 -/ r+fl... . r I I I ~~~~~~-_i_----~~ -e-y. --, ./ I q=l _ _._--- “;;I -I- I I\ i I ii, -I- \ -+. ----. j I -e-e, -em- I I I I I 1 i rx ! L k b L I I I F ,-+ +----+-------~;T- L ---- I I i I ‘\F y i \ \ -.&A+---~ -- ill f I I . 7 I I i, I /; I ,t f F;;iyfeJ* ‘g’*- , i L I ,’ .’ f ‘.:, _ 34. p -;I; M{ ‘6 ! +I+ g..,,,,,. +&J / I : I 7 .*, - r -. +. ._ $--’ ,d jLb;;.ye ; \ 8’ I -k:&;h 1 ,;.;..* 1 I I -!-k L / I I I \ ! I iii #I jN c I I. - \ Q I I i c ---- --- I i I 1 g---L 'a I ---l(J- ----- -p-- - L ____ ;- I -_: i 0 c, p-!, - A I I I i ; \ 3 I 0 . I l 6 k m--e- ---- -/IL------- i MOTORIST'S BENEFITS ‘A cost comparison of alternate highway routes between common termini? Elements evaluated are: 1. Distance 2Design speed (average) each route 3.time to traverse 4.construction cost _ 5right of way cost G-car operational cost-including driver 7average daily traffic (A.D.T.) 8.time of amortization (20 years) It is apparent that a straight line with a level profile would be the most economical route,but by how much? If social values are concerned, like avoiding Ranch0 Carillo, trade offs or alternates may be considered to mitigate damage thereto. It helps the decision makers to arrive at logical conclusions if they have dollar values available for alternate routes. This practice can frequently yield startling large costs (in millions of dollars) because expansion of only 10 cents per car with 30,000 A.D.T. for 20 years would be $21,900.000 for route ‘A’ while a comparative 8 cent cost for route ‘B’ would be $17,520,000. Therefore cost ‘B’ would be $4,380,000 ch eaper than route ‘A’. This cost,plus any difference in costs of construction and right-of-way would be the total costs saved by the motoring public over a twenty .year period, R -‘& F.lfv9c cd -m. Evelyn E. McKinney 4355 Huerfano Avenue San Diego, California 92117 August 5, 1996 City of Carlsbad City Council 1200 Carlsbad Village drive Carlsbad, California 92008 RE: Notice of Public Hearing, Aviara Phase III Revision CT 92-3(A) Dear Council Persons: The City of Carlsbad seems to have difficulty in duly notifying it's citizenry of duly noticed meetings. I have put the officials of the city of Carlsbad on notice numerous times for lack of being duly noticed on issues that directly pertain to my property. I understand, from some of my neighbors, that the issue of CT 92-3(A) Aviara Phase III Revision is to be heard by the Council on August 6, 1996. That issue directly affects me as the approved Condition for the secondary access included Poinsettia Lane westward to my property (including the intersection with Black Rail Court) and then Black Rail Court across the east end of my property. Why was I NOT INCLUDED in the noticing of the upcoming Council Meeting on this issue at either of my addresses? One can possibly understand an noticing error happening once, however, with the history that has occured of the same landowner not being duly noticed over and over, and each time the city having been put on notice for the ommission, it tends to leave the impression that perhaps the ommission was not simply an accident. I am once again putting the City of Carlsbad on notice that I have NOT been duly notified of a Public Hearing on an issue that directly affects my property. I trust, in the future this type of correspondence will not be necessary. I therefore request that this Public Hearing be postponed until a later date when I can be fully prepared to be heard. Encl: cc: City Clerk Mike Grimm, Planner City Manager, Mr. Pa.tchett Aviara Land Associates Planning Director, Michael Holzmiller Cnrv Wavne Evelyn E. McKinney 4355 Huerfano Ave. San Diego, Ca. 92117 (619) 273-4337 April 14, 1996 City of Carlsbad Planning Commission 2075 Las Palmas Drive Carlsbad, California 92009-1576 ATTN: Chairman of Commission RE: Discussion Item for meeting on April 17th, 1996, November 1, 1995 Planning Commission Meeting, ie Notice of Public Hearinn. Dear Commission Members: I plead with you to be cognizant of the NEED for citizens to be duly notified of Public Hearings on issues of concern to their property or financial holdings. My present concern is with the "Notice of Public Hearing" for CUP - 90-07x1 - Aviara Information Center - Planning Area 23, held on November 1, 1995. I plead my case on the issue of Past Practice. Past Practice, as you know becomes relied upon as a guarantee of a citizen's right.f.?lX.:it's been recognized before, it should hold to be recognized again. On November 17, 1993, the Planning Commission had a hearing scheduled on a tentative map of Aviara Phase III, which was continued until Dec- ember 1, 1993, as my property at 6525 El Camino Real was affected and I was not duly notified. See (Attachment #2) That issue was Poinsettia Lane alignment, this issue involves another road that directly affects my property, Black Rail Court. I realize I am beyond the "600' of the real property that is subject of the hearing", however, my property was directly affected by the action the Commission took on November 1, 1995, and therefore I should have been notified. With either hearing my property was affected and I should have been notified personally so I could have been heard by the Commission. Past Practice by the Commission gave me false security of being notified. I was further given false security by Mr. Raymond Patchett's statement in his letter of April 5, 1993 to Mr. Guy Moore, "If your access problem is not resolved prior to the need for an extension of the CUP IN November of 1995, you will have the opportunity to suggest that a condition be added to the CUP extension which would require Blackrail Road to be open to traffic from the north." Mr. Guy Moore is well beyond the radius of 600', but Mr. Patchett assured him he would have a right to speak. We never had that opportunity as we were not duly Notified as in Past Practice. (Enclosure # 4 & 5) In recognition of need for compliance with Car&bad Municipal Code -- Public Hearings Section 21.54.060 as well as a General Law City's requirement to comply with California Government Code -- Public Hearing # 65090, I have a copy of those residents that were noticed by mail ten days prior to the hearing. Upon close inspection, I find there were 59 notices set out, qhieh did not include some EESidenrS within the 600' radius. Mailed notices are necessary if the residents on the records of the County Assessor's Office are less than 1,000, therefore simply publishing the hearing in the newspapers would not suffice. I have had numerous occasions that Car&bad's Public Hearings have not been duly Noticed to me, dealing mostly with City Council. (See Attachment 6-13). Please note, There was a Special Request on File, from September 25, 1993 with an expiration date of September 30, 1994, and I received NO Notice from Council Hearing on January 25, 1994, which fell withinThe requested Special Notice year's date. Based on the above facts, which I feel is substantial evidence that notice had not been given as required, the Planning Commission should continue a hearing for the Extention of CUP 90-07x1, Aviara Information Center - --__ .---- --r- - Planning Area 23 IO?. Iii%?.Ziig iii accordance wath Cai%bad Municipal Code # 21.54.063. Attachments 1 - 13 ” . d ’ . . -- commission shall make a final written determin- ation of the completeness of the application not later than sixty calendar days after the receipt of the applicant’s written appeal. (d) Failure by the city to meet the deadlines specified in this section shall cause the applica- tion to be deemed complete. The failure of the applicant to meet any of the time limits specified in this section shall be deemed to constitute with- drawal of the application. Nothing in this section precludes an apphcant in the city from mutually agreeing to an extension of any time limit pro- vided in this section. (e) Subsections (b) through (d) of this section shall remain in effect only until January 1,1991, and as of that date are repealed unless an ordi- nance which is enacted before January 1, 1991, deletes or extends that date. (Ord. 9760 9 15, 1985: Ord. 9060 9 2000) 21.54.020 Acceptability of signatures on applications. If signatures of persons other than the owners of property making the application are required or offered in support of, or in opposition to, an application, they may be received as evidence of notice having been served upon them of the pending application, or as evidence of their opin-’ ion on the pending issue, but they shall in no case infringe upon the free exercise of the powers vested in the city as represented by the planning commission and the city council. (Ord. 9060 5 2001) 21.54.030 Applications a part of permanent record. ‘. Applications filed pursuant to this title shall be numbered consecutively in the order of their filing, and shall become a part of the permanent official records of the agency to which applica- tion is made, and there shall be attached thereto and permanently filed there with copies of all notices and actions with certificatesand affida- vits of posting, mailing or publications pertain- ing thereto. (Ord. 9060 $2002) .- .- I 21.54.010 2154.040 Fig fees. A fee in an amount,established by city council resolution shall be paid at the time an application for a development permit for approval or the approval of a change in zone or general plan boundaries reclassifications is fiIed. No applica- tion shall be accepted or deemed accepted until the appropriate fee or fees have been paid. (Ord. 9760 9 16,1985: Ord. 9568 95,198O: Ord. 9220 $ 1,. 1968: Ord. 9060 $2003) 21 S4.050 Setting of hearing. All proposals for amending zone or general plan boundaries reclassifications or for the grant- ing of any development permit or approval requiring a hearing as provided in this title shall be set for hearing by the land use planning man- ager when such hearings are to be held before the planning commission and by the city clerk for hearings to be held before the city council. (Ord. 9760 9 17,1985: Ord. 1256 9 10 (part), 1982; Ord. 9060§2004) 2154.060 Notices. Notice of public hearings shall be given as follows: (1) When a provision of this code requires notice of a public hearing to be given pursuant to this subsection, notice shall be given in all of the following ways: (a) Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to the owner of the subject real property or the owner’s duly authorized agent and to the project applicant. (b) Notice of the hearing shall be mailed oidelivered at least ten days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities-or services to the project, whose ability to provide those facilities and services may be significantly affected by the project. (c) Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to all owners of real property as shown on the latest 755 (Carlsbad 3-89) 2154.060 - equalizetissessment roll within six hundred feet, or three hundred feet for variance applica- tions, of the real property that is the subject ofthe hearing. In lieu of utilizing the assessment roll, records of the county assessor or tax collector which contain more recent information than the assessment roll may be used. If the number of owners to w horn notice would be mailed or deliv- ered pursuant to this subparagraph is greater than one thousand in lieu of mailed or delivered notice, the city manager may permit notice to be given by placing a display advertisement of at least one-eighth page in at least two newspapers of general circulation within the city at least ten days prior to the hearing. (d) If the notice is mailed or delivered pur- suant to subparagraph (c), the notice shall also either be: (i) published pursuant to Section 6061 in at least one newspaper of general circulation within the city at least ten days prior to the hearing; (ii) posted at least ten days prior to the hearing in at least three public places in the city, includ- ing one public place in the area directly affected by the proceeding. (2) When a provision of this code requires notice of a public hearing to be given pursuant to this subsection, notice shall be published pur- suant to Section 606 1 in at least one newspaper of general circulation within the city at Ieast ten days prior to the hearing. @rd. NW4 0 1, 1988; Ord. 9758 6 15, 1985: Qrd. 9536 9 1, 1979: Ord. 9428 5 1, 1975: Ord. 9060 3 2005) 21.54.061 Content of notice. The notice given pursuant to Section 21.54.060 shall include the date, time and place of a public hearing, the identity of the hearing bddy or officer, a general explanation of the mat- ter to be considered, and a general description, in text or by diagram, of the location of the real property, if any, that is the subject .cf the hearing. (Ord. 9758 $ 16, 1985) 21.54.062 Additional notice to persons requesting it. Notice given pursuant to Section 21.54.060 shall also be maiIed or delivered at least ten days prior to the hearing to any person who has ftied a written request for notice with the city clerk. The city clerk shalI charge a fee established by city council resolution which is reasonably related to the costs of providing this service. Each request shah be annualIy renewed. (Ord. 9758 $17,1985) 2154.063 Failure to receive notice. The failure of any person or entity to receive notice given pursuant to +&is chapter shall not constitute grounds for any court to invalidate the action for which the notice is given. If a decision- making body receives substantial evidence that notice has not been given as required by this chapter, then the decision-making body may continue the matter for hearing after proper notice has been given. (Ord. 9758 $18,1985) 21.54.064 Applicant’s responsibilities. (a) The applicant for any action requiring a noticed public hearing shall provide the city with a list of persons or entities to whom notice must be given and the addresses of such persons. The apdlicant shalI also provide stamped, addressed envelopes for mailing notice. The list and the envelopes, if required, shall be provided to the city not more than forty-five nor less than thirty days prior to the time the matter is scheduled for hearing. If the number of persons to whom notice would be mailed exceeds one thousand the applicant may, in lieu of providing the stamped, addressed envelopes, provide an appropriate display advertisement. The appli- cant shall verify the accuracy of the list and the addresses. The secretary of the planning commis- sion or the city clerk shall be responsible for informing the applicant of the date a matter is scheduled for hearing. (b) The applicant shall pay the cost of provid- ing the notice required by this chapter., (Ord. 9758 (s 19, 1985) (C&bad 3.89) 756 April 51993 Mr. Guy S. Moore, Jr. 6503 El Camino Real Carlsbad, CA 92009 Dear Mr. 2 <n/M oore: 1 I have been asked to respond to your letter to City Council Members regarding the opening of Blackrail Road and erosion problems in the Aviara development. City staff met with Council Members on March 29, 1993, to discuss your concerns and the suggestion to conditionally accept a dedication of Blackrail Road. This letter will summarize the information reviewed in that meeting. Thank you for sending the photographs of the erosion problems. City staff have had ongoing conversations with Aviara representatives regarding the mixed success of their erosion control efforts. Fortunately, construction of catch basins were required by the City to prevent eroded material from reaching Batiquitos Lagoon. Those basins are functioning as planned and the developer has cooperated with cleaning them out when needed. As noted in your letter, Blackrail Road was constructed under a Conditional Use Permit (CUP). The road serves as a private driveway to the Aviara Information Center. The City Council would be able to consider accepting such an offer of dedication as you are suggesti;,g if the developer made that offer. The most expeditious method of providing access to your property would more likely be to form an assessment district to fund an extension of the road to the north. The developer would then be more willing to open the road to traffic from the north. The City would assist in the formation of the district, in which property owners would be assessed a portion of the project cost depending upon the benefit they receive from it. I encourage you to contact Mr. Larry Clemens of the Aviara development concerning such a proposal. Aviara developers may be interested in contributing to the district because the road could be used for a s:*:ondary access road necessary for future phases of the development. You may also wish to speak with Mr. Clemens regarding the possibility of prbperty owners in your area pro?riding easements for the extension of Poinsettia Lane to the east in return for expediting that project since \; that road could also serve as the required secondary access. T------L* If your access problem is not resolved prior to the need for an extension of the CUP in November 0,rtunity to west thq a condition be added to the CUP extension . - -__ -Road’ to-be cpen to traffic from the north. Another option would be for you to apply for a grant from the Palomar-Ramona-Julian Resource Conservation District. Information about the grants may be obtained by contacting Patty McDuffee, Adminisuative Grant Administrator, at 745-2061. __-.- .-- --_.- - -____ _._.________ -.-- 1200 Carlsbad Village Drive 0 Carlsbacf, California 92008-1989 - (619) 434-2821 , -. ’ Mr. Guy S. Moore April 2,1993 7 , PAGE 2 I have also been requested to respond to some of the concerns raised in your letter to Mr. Jack Henthom regarding the Zone 20 meeting held on March 4,1993 and your belief that agricultural areas are being denied the infrastructure necessary for survivaL The City has always been cognizant of the infrastructure needs of the agricultural industry because of its importance to our community and have attempted to preserve areas designated for agricultural use in the General Plan whenever possible. An attachment to your letter to Mr. Henthom indicates that a clarification of the terms “Mello II program” (Local Coastal Plan) and “Mello-Roos assessment district” (Community Facilities District No. 1) might be helpful. I am assuming that your references regarding the “Mello II program” refer to the major segment of Carlsbad’s Local Coastal Program (LCP) which bears the name Mello II LCP. The name is taken from the State Senator who introduced the legislation that led to the adoption of that Carlsbad LCP se_ment. The Mello II LCP, along with other City ordinances, policies, and programs regulates land use in Zone 20. The MeIlo II LCP also established the Agricultural Improvement Program which is the source of the grant funding administered by the Resource Conservation District. Conununity Facilities District No. 1 (CFD No., 1) was formed as allowed by the Mello-Roos Community Facilities Act, which is legislation introduced by State Senator Mello and Assemblyman Roos. The legislation is designed to allow communities to obtain funds for public facilities when other funding alternatives are not feasible. Only undeveloped property is included in the district. CFD No. 1 was approved to fund specific improvements of Citywide importance. The extension of Poinsettia Lane and Blackrail Road are of more local benefit and therefore are not included in the list of projects to be funded through the district. I hope the above information is helpful to you. Please do not hesitate to contact the Engineering Department if you would like assistance or additional information on formation of an assessment district. Sincerely, ‘1 1 : CL\- Y\ 7 RAYMOND R. Ciq Pflanager c: Mayor City Council Communise Development Director City Engineer PATCHEIT November 15, 1993 Ronald McKinney 4355 Heurfano Avenue San Diego, CA 92117 POINSETTIA LANE PUBLIC HEARING This letter is to inform you that a public hearing before the Planning Commission beginning 6:00 p.m. on November 17, 1993 will be continued until December 1, 1993, same time. You may give your comments at either hearing. This hearing concerns a tentative map, Aviara Phase III, that will establish one section on the proposed alignment of Poinsettia Lane. This section is easterly from your property, APN 215- 070-10, but the project will be required to complete Poinsettia Lane to at least as far as the proposed Blackrail Court. Therefore your property is affected. You may phone me at (619) 438-l 161, extension 4500 about this letter. You may contact Mike Grim of the Planning Department, (619) 438-1161, extension 4499, for more information about the Aviara III project. JIM DAVIS Associate Engineer c: Mike Grim 2075 Las Palmas Dr. - Carlsbad, CA 92009-q 576 - (619) 438-1161 l FAX (619) 438-0894 633 October 20, 1993 Mr. Ronald C. McKinney EVON GARDENS 6525 El Camino Real Carlsbad, CA 92008 RE: PUBLIC I-EARING NOTICE REQ-S In response to your letter dated October 10, 1993, I wanted to clear up some apparent confusion. First, and foremost, I am not disagreeing with your notification rights as a property owner. There appears to be confusion, however, about the method of notification. Enclosed for your convenience is a copy of the text of Sections 21.54.060 and 21.54.062 of the Carlsbad Municipal Code which explains the legal procedures followed by the city for noticing property owners. These sections apply to the Planning Commission meetings as well as the City Council meetings. With regard to Zone 20, I’ve highlighted the portions of the attachment that apply to the notification process used for those public hearings. Display ads appeared in the September 2, 1993 edition of the Carlsbad Sun and the September 3, 1993 edition of the Blade- Citizen. If you will look at Section 21.54.062 on the attachment, you will see that by filing your letter with us, you have assured yourself of receiving an individual mailing even if the display ads are used for future notices. I apologize for any confusion and hope this clears up any misunderstandings. RAUTENKRANZ City Clerk lr enc. c: City Attorney 1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 l (619) 434-2808 L .- EVON GARDENS 6525 El Camino Real Carlsbad, California 92008 (619) 9314487 January 20, 1994 City Council c/o Mayor Lewis 1200 Carlsbad Village Drive Carlsbad, California, 92008-1989 Dear Councilpersons: Once again I find it necessary to put the city of Carlsbad and it's Public Officials on notice of lack of compliance with the Carlsbad Municipal Code -- Public Hearings A 21.54.060 as well as a General Law City's requirement to comply with California Government Code -- Public Hearings # 650?0. I have NOT been notified of: tip 177 (G)/GPA 93-6/LcPA 92-l/CT 92-3/PDP 92-4 AVIARA PHASE III to be heard by the Council on Tuesday, January 25, 1994. I have a right and a need to be notified, as this item is not only Zone 19, but traverses into Zone 20 and TOUCHES'MY LA???. I just happened to overhear a discussion pertaining to this hearing. That is how I happen to know it is even on the adgenda. Interestingly, in checking with my neighbors, they haven't been duly notified either. It seems to be quite often the city of Carlsbad neglects to notify it's citizens of Public Hearings. I notified the city I needed to be notified on: July 22, 1988 Sept.11, 1989 Sept.14, 1993 and now once again on---- Jan. 20, 1994. Please see attachments. ATTACHMENTS (3) cc: Ray Pachett, City Manager Aletha L. Rautenkranz, City Clerk Lloyd Hubbs, City Engineer Michael Holzmiller, Planning Director Marty Orenyak, Director Community Development, Asst. City Mgr. City Attorney . . EVON GARDENS 6525 El Camino Real Carlsbad, California 92008 (619) 9314487 octcber 10, 1993 Lee Rauteriilanz City Clerk 1200 Carl&ad Village Drive Carlsbad, California 92008-1989 RJF: Your Correnspordence Dated Sept. 30, 1993 DearMsRautenkranz: Thank vou for your letter dated Sente~ber 30, 1993, and for putting me on the "Rqest ??or Notice" list. Fowever, I taYe this opportun- ity to rerrird you, again, that as a property owner within zone 20 of Carlsbad, I have a lecal richt,according to the Cm- tcode, to autcfraticallv receive Written notification of any Public Pearing 10 days in advance of such heariq. These Warirqs on zone 20 affect me and rqrpronerty, and% code you are ohlicated to duly notifv me, if I have a rquest on file or not. Since I nc%r have a ",vecial Rquest" on file, too, for a -period of ane (1) year, I shxld, and will expect, to have two (2) notices: (a) one as a property owner v;z?ose prone&v is involved, and (b) one because of a Snecial Written Request placed on %.le in yOU?Z office. Please rote: iyY RTGE ia5 A PROPFW?! mwER TN ZOKE 20 !YYs Nm EXPIRE AT T?F SD OF ONF YEN?! ! ! It is a Decnanant obligation and duty of the City of Cnrlsbad which in-so-far-as-yet, has ?KY?. been d&xx& too, at least on three (3) separate occasions as mentio% in my last corresponclence dated Sent&r 2S, 1993. I will be lookim forward to receivirq my two (2) notices in a timely manner in the future. Sincerely, cc: CityManager Ronald C. McKinney City Attorney Planning Director September 30, 1993 Mr. Ronald C. McKinney Evon Gardens 6525 El Camino Real Carlsbad, CA 92008 RF: REQUEST FOR NOTICE I received your letter dated September 25, 1993, and am treating it as your request to be notified of public hearing items going before Council concerning Zone 20. In accordance with Section 65090 of the Govenment Code, a notice will be mailed to you for those items going before the City Council as a public hearing. Please note that we will be mailing notices & when items are to be considered at a public hearing before the City council. As in the past, your request will be valid for one year and shall expire on September 30, 1994. At that time, you may renew your request should you still desire to receive notice. If you have any questions concerning the above, please call me. LEE RAUTENKEWNZ City Clerk lr 1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 - (619) 434-2808 @ s EVON GARDENS 6523 El Camino Real Carl&ad, California 92008 (619) 931-8487 . Septb 25, 1993 City Council c/o Mayor xEwi.s 1200 Elm Avenue Carl&ad, California 92008-1989 DearCouncilpersons: It has beenkoughttomy attentGntl-attheCity Council of the city of Carl&ad held a Public Hearirq an 5epWnber 14, 1993, on AB#12,393-Zone20 Specific Plan - .FP-203/m 91-3/LFMP 87-20(A). This letter is to notify the Cilqr of Carl&ad, the Myor, City Attorney, City Council, City Eanzqer, City Clerk, City B@%aer ard the CiQ Plannirq Mssion, ski all others concerned, that the above mentioned PubJic Hearinq was m duly noticed to this P~~P-ty CxJner. Upon checking with my neighbors, it seems none of my imnediatqneichbors received a duly notice of this afore- mention&hearing. At ev~~meetirq held, which?~s been duly noticed, mining to the ,=ific Plan of Zone 20, Poinsettia Lane ali@ment- develp ment of Zone 20 or any adjoining zones of Zone 20, I haie addressed my concern rqarding the possible result&g disposition of my pro- perty. My wife and I have also met privately with various city officers pertaining to these sarr~ concerns, and have made presenta- tions to the City Planninq carmission. To be very plain, we have ob.jected to the distruction of our business, our oroperlg and our valuable lard . On July 22, 1988, I rquested the above narr& offices in writirq of mv need to be notifi& of any Public Hearing which might affect my Prow%= On Septfx&ef 11, 1989, I again notified the city of the lack of being duly notified of a Public Hearing winent to ml ww=-W. A&n, on Septesber 14, 1993, a Public Hearing was heldwithout- beinqdulynotified. The City of Carl&ad and it's Public Officials is her&y put on notice of lack of qliance with the Carl&ad Municipal Code - Public Warinqs #21.54.060 as well as a General Taw City's require- mentto qlywithCalifomiaGove~nt Ccde- PublicEearing, #65090. ‘. The lack of y beincr duly noticed OF Pu??lic Fearing reprc%rq .nlannincr involvinc p nronerty has occured on three senarate dates, Ghich has de?i& me the right to he Feard. on an issue which involves mv pr0.pem-W. . At this time, we are aqain informinq you of our right to be notified in accordaxe witF tile a?x3ve noted Codes. Sincerely, rncl : cc: Rav Pachett, Ci* Manager Aletha 1,. Raut~z, Cie Clerk Lloyd Pubbs, City Enqipeer Michael Folzmiller, Flanninq Director t??ty Orenyak, Director C3xnnuniiq~ Development Asst. Cie F-Igr. City Attorney Jack I'entbm EVON GARDENS 6525 El Camino Real Carlsbad, California 92008 (619) 9314487 September 11, 1989 Philip 0. Carter Assistant to the City Manager 1200 Elm Avenue Carlsbad, California 92008-1989 Dear Mr. Carter: On July 22, 1988, I wrote a letter to you asking you to forward the enclosed letter to the City Engineer, the City Planning Commission, Mr. Jack Henthorn as well as one to you. The enclosed letter requests "an advance notice be sent to my attention . . . regarding any meeting, any possible decision, or any other action that might involve my property, any adjacent property or the pro- posed extention of Poinsettia Lane through Zone 20." I was informed in late August of this year by my neighbor, who recieved a notice, of a meeting that was to be held on September 14th dealing with a possible assessment to property owners. My wife called you on August 28th regarding the proposed meeting and asked why we were not informed. You did not offer an explanation of why we did not get a notice, but assured my wife you'd mail one out that same day. You also assured her that if tie could not make the general meeting you would hold a private hearing just for us. It is now three days before the proposed meeting (14 days since my wife's telephone call) and I still have not been notified of any meeting. -- I do not know time or location of the general meeting and have heard nothing more of a private meeting. I now, once again, request a copy of the notice of the proposed meeting regarding a possible assessment-to the affected property owners in Zone 20. I also reiterate my original letter of July 22, 1988. (copy of which is attached). I request an advance notice of any meeting, possible decision, or any other action that might involve my property, any adjacent property, or the proposed extention of Poinsettia Lane through Zone 20. Sincerely, Ronald C. McKinney 1200 ELM AVENUE CARLSBAD, CA 92006-1969 Office of the City Manager TELEPHONE (619) 434-2621 July 27, 1988 Mr. Ronald C. McKinney EVON GARDENS 6525 El Camino Real Carlsbad, CA 92008 Dear Mr. McKinney: I forwarded copies at your request to the City Council, City Manager, City Attorney, and the City Clerk concerning your request to issue you advance notice should any decision be made involving the proposed extension of Poinsettia Lane through Zone 20. If you have any additional questions or need further assistance, please call me at 434-2819. Sincerely, PHILIP 0. CARTER Assistant to the City Manager saf c: City Manager July 31, 1996 TO: FRANK MANNEN, ASSISTANT CITY MANAGER FROM: Karen Kundtz, Assistant City Clerk RE: AVIARA PHASE III REVISION - CT 92-03(A) \ Mr. Guy Moore filed an appeal on the Aviara Information Center (CUP 90-07X1), which is scheduled for the City Council meeting of August 6, 1996. Mr. Moore was provided an advance copy of the agenda bill for his appeal in accordance with your conversation with Lee. Mr. Moore has also requested an advance copy of the above- referenced related item which is scheduled for the same meeting. The policy is that we are not to provide copies of agenda bills to the public prior to their distribution to the City Council. However, in order for Mr. Moore to be able to provide the information to the out-of-town interested parties, he was also given an advance copy of the above-referenced Agenda Bill. Attached is a copy of the additional Aviara agenda bill which was provided to Mr. Moore today. EN KUNDTZ Assistant City Clerk kk Attachment August 21, 1996 Aviara Land Associates 2011 Palomar Airport Road, Suite 206 Carlsbad, CA 92009 Re: Aviara Phase III Revision CT 92-3(A) The Carlsbad City Council, at its meeting of August 13, 1996, adopted Resolution No. 96-273, approving the Tentative Tract Map Revision for the Aviara Phase III development, allowing Cassia Road to be used as a secondary access route. Enclosed is a copy of Resolution No. 96-273 for your files. Assistant City Clerk KRK:ijp Enclosure 1200 Cnrlsbad Village Drive - Carlsbad, California 92008-l 989 - (619) 434-2808 ’ PROOF OF PUBLLATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, under the dates of June 30, 1989 (Blade-Citizen) and June 21, 1974 (Times- Advocate) case number 171349 (Blade-Citizen) and case number 172171 (The Times-Advocate) for the cities of Escondido, Oceanside, Cartsbad, Solana Beach and the North County Judicial District; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: I certify (or declare) under penalty of perjury that the foregoing is troe and correct. Dated at California, this Aday - NORTH COUNTY TIMES Legal Advertising I nrs space: IS ror me County Clerk’s Filing Stamp Proof of Publication of fldnu 723 /eisz%?& -- ----A----------------- mavTw=w “‘T +eb.,1.- *--=rrr- I-“. r - *rrrv 7-* .+” - NOTICE OF PUBLIC HEARING CT 92-3(A) - AVIARA PHASE III REVISION NOTICE IS HEREBY GIVEN to you, because your interest may b affected, that the Crty Councrl of the City of Carl&d will hold public hearing at the City Counctl Chambers, 1200 Carlsbad Village Drive, Carlsbac California, at 6:00 p.m., on Tuesday, August 6, 1996, to consider a request fc revisron of a condition of approval for a Tentattve Tract Map, to change th secondary access route from the existing route along Poinsettia Lane and Black Ra Court (to the West), to Cnssia Road (to the East), for property generally located alon future Ambrosra Lane, north of Alga Road, m Local Factlities Management Pla Zone 19. and more particularly described as: A portion of the east half of the southeast quarter of Section 22. and a portion ofthe north half of Section 27. all in Township 12 south. Range 4 west, in the City of Carlsbad, County of San Diego. State of California. If you have any questions regardmg this matter, please contact Mike Grim. in th Plannmg Department. at (619) 438- 1161, extension 4499. If you challenge the Tentative Tract Map revision 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 deliver&to the City of Carlsbad City Clerk’s Offrce at. or prior to, the public hearing. The time within which you may judicially challenge ttiis Tentative Tract Map Amendment, if approved, is established by state law and/or city ordinance and is very short. APPLICANT: Aviara Land Associates CARLSBAD CITY COUNCIL Legal 47564 July 26. 1996 ,,. 9sb AVlAFL4 PHASE III CUP 92-03(A) I . - NOTICE OF PUBLIC HEARING CT 92-3(A) - AVIARA PHASE III REVISION 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 a request for revision of a condition of approval for a Tentative Tract Map, to change the secondary access route from the existing route along Poinsettia Lane and Black Rail Court (to the west), to Cassia Road (to the east), for property generally located along future Ambrosia Lane, north of Alga Road, in Local Facilities Management Plan Zone 19, and more particularly described as: A portion of the east half of the southeast quarter of Section 22, and a portion of the north half of Section 27, all in Township 12 south, Range 4 west, in the City of Carlsbad, County of San Diego, State of California. 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 Tentative Tract Map revision 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 Tentative Tract Map Amendment, if approved, is established by state law and/or city ordinance and is very short. APPLICANT: Aviara Land Associates PUBLISH: July 26, 1996 CARLSBAD CITY COUNCIL ARPORT 1 POINSETTIA LN 1 AVIARA PHASE III CT 92=03(A) -- (Form A) TO: C1T.Y CLERK’S OFFICE FROM: MIKE GRIM, PLANNING DEPARTMENT RE: PU8LIC HEARING REQUEST Attached are the materials necessary for you to notice AVIARA PHASE Ill - CT 92-03(A) for a public hearing before the Clty Council. Please notice the ftem for the council meeting of ql4d . Thank you. &L&J 11 i I@( 0 ate NOTICE OF PUBLIC HEARING 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 request for a tentative tract map revision to revise a condition of approval regarding secondary access for property generally located along future Ambrosia Lane, north of Alga Road, in Local Facilities Management Zone 19 and more particularly described as: A portion of the east half of the southeast quarter of Section 22, and a portion of the north half of Section 27, all in Township 12 south, Range 4 west, in the City of Carlsbad, County of San Diego, State of California 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% 1161, extension 4499. The time within which you may judicially challenge this Tentative Tract Map Amendment , if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Tentative Tract Map Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: CT 92-03(A) CASE NAME: AVIARA PHASE III PUBLISH: JUNE 7,1996 CITY OF CARLSBAD PLANNING DEPARTMENT MG:kr 2075 Las Palmas Dr. - Carlsbad, CA 92009-l 576 - (619) 438-1161 - FAX (619) 438-0894 @ THE LEVINE FAMILY - 8929,UNIVERSITY CENTER LN If SAN DIEGO CA 92 I22 MHPPINC 5414 OBERLIN DR 140 SAN DIEGO CA 92 I2 I R G T THREE PTNSHP 2832 how AVE TUSTM CA 92680 1985 PALOMAR OAKS CORP 1985 PALOMAR OAKS WAY CARLSBAD CA 92009 CARLSBAD I 2255 INDIA ST LOS ANGELES CA 90039 MHi’PMC _--- ,_ 5414 OBERLIN DR b%fJ-. -- SAN DIEGQCA 92121 AIR PRODUCTS & CHEMICALS INC 1969 PALOMAR OAKS WAY CARLSBAD CA 92009 KAWABE ENTERPRISES 1212 S FLOWER ST LOS ANGELES CA 900 I5 AKIRA & JOYCE S TABATA 8201 LEGION PL MIDWAY CITY CA 92655 THE HAWTHORNE FAMILY PO BOX 708 SAN DIEGO CA 92 I I2 MARGATE ASSOCIATES 6349 PALOMAR OAKS CT CARLSBAD CA 92009 TERRY & MARGARET REITER MICHAEL F SFREGOLA 6 SADDLEBACK RD 1052 HYDE PARK DR PALOS VERDES PENJNSULA C 90274 SANTA ANA CA 92705 LMDA SUGINO-SHIMOKAJI I MAHOGANY RUN COT0 DE CAZA CA 92679 SECURITY PACIFIC NATIONAL BANK PO BOX 54029 TERMINAL AN LOS ANGELES CA 90054 WILLIAM P 8c MARJORIE BOWEN 14088 E KAMM AVE KINGSBURG CA 9363 I AVIARA LAND ASSOCIATES LIMITED :v PALOMAR OAKS BUSINESS CENTER 10960 WILSHIRE BLVD 1225 LOS ANGELES CA 90024 DAVID & OLIVIA MALDONADO I668 FREDA LN CARDIFF BY THE SEA CA 92007 SECURITY PACIFIC NATIONAL BANh y-- AKIRA & TOSHIKO MUROYA PO BOX 9000-25 1 CARLSBAD CA 92008 YUJIRO YAMAMOTO I20 I VIA LA JOLLA SAN CLEMENTE CA 92672 WILLIAM A & ANITA BUERGER 2626 MALLORCA PL CARLSBAD CA 92009 WILLIAM A & ANITA B& 2 LINDA SUGMO-SHIMO#--- -. 2626 MALLQRCA PL 1 MAHOGANYRWQ- 2 7CA92009 yC~92679 AVIARA LAND ASSOCIATES LJMJTE-B 450 NEWPORT C-ENTER-DR 304 YH CA 92660 AVIARA LAND ASSOCIATES LJMJTEI 450 NEWPORT CENTERDR38+- ~RT$EACH CA 92660 WERNER F & IVY ASTL 6892 PEACH TREE RD CARLSBAD CA 92009 AVIARA POINT ASSN 225 I SAN DIEGO AVE A250 SAN DIEGO CA 92 I IO -m&e SALLY J OSWALD --- 1637 BACCHARISAVE B r~ CARLFCA 92009 AVIARA RESORTS ASSQGIAd 501 W BROADWAY- 1900 YCA 92’o’ GREYSTONE HOMES IN& 495 E RMCON SjX+% CORONAXdl719 MICHAEL & RHONDA MAHON 6646 TOWHEE LN CARLSBAD CA 92009 MACE0 D & VALENCIA WARD 6634 TOWHEE LN CARLSBAD CA 92009 THE HUNTOON FAMILY 6620 TOWHEE LN CARLSBAD CA 92009 - KENNETH & MARIE BERTOSSI AVIAR4 LAND ASSOCIAT 1235 COUNTRYWOOD LN 450 NEWPORT CE- VISTA CA 92083 BEACH CA 92660 .---- AVIARA RESORT ASSOUATkS AVIARA RESORT ASSOCIAT_EL--- 6986 EL CAMIN l&AL B336 6986 EL CAMMO REAL B336 7CA92009 CXR/f%dA 92009 .H AVIARA LAND ASSOCIA-iES LTD AVIARA MASTER ASSOCIATION 450 NEWPORT CENTER DR 304 201 I PALOMAR AIRPORT RD 206 NY BEACH CA 92660 CARLSBAD CA 92009 GREYSTONE HOMES INC 495 E RINCON ST I I5 CORONA CA 91719 GREYSTONE HOMES INC / yi GREYSTONE HOMES MC WILLIAM D & SHERYL PALMER STAR FLAG CORP LTD 6642 TOWHEE LN 6638 TOWHEE LN CARLSBAD CA 92009 CARLSBAD CA 92009 JON & EMMOREY LINKER JAMES K & CALLAHAN CHAPMAN 6630 TOWHEE LN 6624 TOWHEE LN CARLSBAD CA 92009 CARLSBAD CA 92009 JOHN H & VIRGINIA LINDSEY RAYMOND L & JOSEPHINE NISKI 6618 TOWHEE LN 66 I4 TOWHEE LN CARLSBAD CA 92009 CARLSBAD CA 92009 RONALD P 6 JUDITH HEMTSKILI -- 6610 TOWHEE LN CARLSBAD CA 92009 AVIARA MASTERASSN-’ 20’ I PALOh$AR?iIRPORT RD 206 YCA 92009 KENNETH C & MARY COKELEY 6909 THRUSH PL CARLSBAD CA 92009 SHELDON 8c JOAN HORING 65 CORNELL DR LIVINGSTON NJ 07039 TIMOTHY S MITCHELL 69 I2 THRUSH PL CARLSBAD CA 92009 JEAN P & GINETTE ROBJNAT I6 PLACE ST DIE SAN DIEGO CA 92121 IRVING & JOANNE ABESON ‘7500 MAGNOLIA BLVD ENCINO CA 91316 RONALD B HEGLI ‘565 CORMORANT DR CARLSBAD CA 92009 MICHAEL P & DONNA VOSS 11947 N FOREST DR MEQUON WI 53092 CRAIG M & JOLLYNE TANNER ‘576 CORMORANT DR CARLSBAD CA 92009 - GREYSTONE HOMES D 495 E RINCON ST I I5 D@ JAMES F & DENISE QUIGLEY 7074 ROCKROSE-TER E/Jfl CARLSBAD CA 92009 CHET FRANCISCO 6905 THRUSH PL CARLSBAD CA 92009 ROBERT A & MARY MCCORMICK BENJAMIN P & BETTY SIGLER 6913 THRUSH PL 69 I7 THRUSH PL CARLSBAD CA 92009 CARLSBAD CA 92009 JOANNA B GLASS 6904 THRUSH PL CARLSBAD CA 92009 CHARLES D MERRITT 6908 THRUSH PL CARLSBAD CA 92009 BRUCE H & PATRICIA SHEET2 6916 THRUSH PL CARLSBAD CA 92009 FRANK GRILL0 6928 THRUSH PL CARLSBAD CA 92009 EDWARD N & BLANCHE CICOUREL 823 INVERNESS DR RANCH0 MIRAGE CA 92270 PETER S & HELEN WlLKE ‘569 CORMORANT DR CARLSBAD CA 92009 THE OSBORN FAMILY ‘568 CORMORANT DR CARLSBAD CA 92009 GARRY D COLE ‘580 CORMORANT DR CARLSBAD CA 92009 LYDIA MANTHEI 2573 LACONIA AVE LAS VEGAS NV 89 12 I REL E & NANCY SCHMITT ‘550 CORMORANT DR CARLSBAD CA 92009 MOIR.4 SOLOMON 4 IO VILLAGE CENTER DR ENCMITAS CA 92024 DAVID S SMITH ‘560 CORMORANT DR CARLSBAD CA 92009 RICHARD T SCHMITZ I572 CORMORANT DR CARJSBAD CA 92009 LEE A CURTIS I584 CORMORANT DR CARLSBAD CA 92009 JOAfi M EMMENECKER 6905 AVOCET CT CARLSBAD CA 92009 HELEN F PEARSON 69 I7 AVOCET CT CARLSBAD CA 92009 GARY D MARTIN 69 I2 AVOCET CT CARLSBAD CA 92009 JAMES H & SHARON STEIN 75 DEMPSEY DR 585 PALM DESERT CA 92260 HORTON D R ‘NC 10179 HUENNEKENS ST ‘00 SAN DIEGO CA 92 ‘2’ GEORGE B HERSHMAN ‘625 CORMORANT DR CARLSBAD CA 92009 THE HOOVER FAMILY I624 CORMORANT DR CARLSBAD CA 92009 JOANNE GAETA PO BOX 1347 SUNSET BEACH CA 90742 DAVID E & IRENE HANSON 36 CALLE MERIDA RANCH0 MIRAGE CA 92270 EDITH E GILBERT 69 I3 GOLDFINCH PL CARLSBAD CA 92009 KERRY D PATTERSON 6909 AVOCET CT CARLSBAD CA 92009 JOAN M DANZINGER 6904 AVOCET CT CARLSBAD CA 92009 MARIO E PEYROT I600 CORMORANT DR CARLSBAD CA 92009 ALAN WISE I6 I2 CORMORANT DR CARLSBAD CA 92009 THE SHARP FAMILY I6 I7 CORMORANT DR CARLSBAD CA 92009 SHARON W GRAY ‘6’6 CORMORANT DR CARLSBAD CA 92009 NORMAN L VETTER 1628 CORMORANT DR CARJSBAD CA 92009 JERRY & IRIS LAIBSON ‘640 CORMORANT DR CARLSBAD CA 92009 ROSIE M RANDENBERG 2’0 E 68TH ST 14H NEW YORK NY ‘0021 RICHARD W STINSON 1304 KUHN RD BOILING SPRINGS PA ‘7007 BETTY L DODGE 69 I3 AVOCET CT CARLSBAD CA 92009 CLARIS R & AUDREY HALLIWELL 6908 AVOCET CT CARJSBAD CA 92009 LORI M LAWRENCE 1604 CORMORANT DR CARLSBAD CA 92009 THE ROSTON FAMILY I6 I3 CORMORANT DR CARLSBAD CA 92009 DAN & DANA M STATE ‘62 I CORMORANT DR CARLSBAD CA 92009 ROY W & DORIS WILLIAMS 8360 TURTLE CREEK CIR LAS VEGAS NV 891 I3 MARTIN D CASPER ‘632 CORMORANT DR CARLSBAD CA 92009 DAVID R & JOHANNA LOVELESS 2100 HABERSHAM MARINA RD 30’E CUMMING GA 30131 HORTON D R ‘NC 10179 HUENNEKENS ST ‘00 SAN DIEGO CA 92121 EDWARD B 8c MANETTA FENTON 6908 GOLDFINCH PL CARLSBAD CA 92009 MICHAEL KANTRO WIT2 69 I2 GOLDFMCH PL CARLSBAD CA 92009 - MORTON M POZNAK .-. 6033 N SHERIDAN RD 23B CHICAGO IL 60660 ALDEA AT AVIARA HOMa FN I ~$-ig$$j2$%w-NERs ;~~~I00 WILLIAM L & ELIZABETH ALTON AVlARA MASTER ASSOCIATIOPC- BARRATI- AMERICAN INC 1613 BROME CT -9 20 I I PALOMAR AIRPORT RD X35 CCXTE DEL NOGAL I 60 CARLSBAL, CA 92009 CARLSBAD CA 92009 AVIAIU MASTER ASSOCIAfiON AVIARA MASTER ASSOCJAmOr(r- --= BARRATT AMER CA MC _.a 20110112~OIiT RD 2035 CORTgeDE LJ2e 160 y&Sf%AD CA 92009 MIKE GRIM PLANNING .DEPARTMENT ,- . Aviara Land Associates 2011 Palomar Airport Suite 206 Carlsbad, CA 92009 GUY S MOORE 6503 EL CAMINO REAL CkRLBAD CA 92009 THOMAS AND JANET MASS GEORGE W MANNON SUPT 2851 TORRY COURT CARLSBAD UNIFIED SCHOOL DIST CARLSBAD CA 92009 801 PINE AVENUE CARLSBAD CA 92008 ANTHONY & DICKY BONS II24 BLUESAGE DR SAN MARCOS CA 92069 a CARLSBAD PARTNERS LTD 1601 ELM ST3900 DALLAS TX 75201 Aviara Resort Associat 7100 Blue Heron Place Carlsbad, CA 92009 GEORGE BOLTON 6519 EL CAMINO REAL CARLSBAD CA 92009 FLEN YAMAMOTO 1201 VIA LA JOLLA SAN CLEMENTE CA 92672