HomeMy WebLinkAbout1997-11-18; City Council; 14445; MARIANO - CT 97-14|PUD 97-11|HDP 97-13|CDP 97-34|-
CITY OF CARLSBAD - AGEiDA BILL 49
MARIANO
CT 97-IUPUD 97-l l/HDP 97-13/GDP 97-34 --
CITY MGR ci;
RECOMMENDED ACTION:
That the City Council ADOPT City Council Resolution No. 97- 486 APPROVING CT 97-14, PUD
97-11, HDP 97-l 3, CDP 97-34 as recommended for approval by the Planning Commission,
ITEM EXPLANATION:
On October 15, 1997, the Planning Commission conducted a public hearing to review the Mariano
residential subdivision/planned development project located in the southwest quadrant within the
Zone 20 Specific Plan and Mello II LCP boundaries south of the Sudan Interior Mission, east of
Hidden Valley Road, and east and west of future Aviara Parkway. The Planning Commission
approved (4-O) SDP 97-16 for the overall design of the subdivision including a 27 unit onsite
affordable apartment project. The Planning Commission was informed that the Affordable Housing
project had not been reviewed by the Housing Commission due to the cancellation of the October 9,
1997 meeting. Therefore, the Planning Commission approved the site development plan for the
affordable site contingent on both the City Council’s review of the Housing Commission’s
recommendation for the affordable project and approval of the Mariano project in its entirety.
The Planning Commission also recommended approval (4-O) of CT 97-14, PUD 97-l 1, HDP 97-13
and CDP 97-34 to allow the subdivision of the 53.7 acre site into 150 small single family lots, 1 multi-
family affordable housing lot, 2 open space lots, 2 recreation lots, and 1 recreational vehicle lot. The
subdivision will provide access to the Sudan Interior Mission from within its boundaries to replace
the existing access road (Flame Tree Lane). The project will be required to construct the only
remaining ungraded segment of Aviara Parkway, which bisects the site from its southern to northern
boundary. Proposed single family units located above and along future Aviara Parkway will be
visible from Palomar Airport Road. To reduce potential visual impacts, a variety of roof tile colors are
required and thirty-five percent of the units located west of Aviara Parkway along the ridge line will
be single story. Access to the site would be provided by Aviara Parkway from the north and south,
and Plum Tree Road (via Hidden Valley Road) through the Sambi Seaside Heights subdivision. The
project is subject to and in compliance with the General Plan, Zone 20 Specific Plan and certified
EIR, Mello II Local Coastal Program, all applicable zoning ordinances and the Subdivision
Ordinance (Titles 20 and 21 Carlsbad Municipal Code), and the Draft Habitat Management plan.
See the attached staff report to the Planning Commission, dated October 15, 1997, for a complete
analysis of the projects compliance with the subject policies, plans and ordinances.
The Housing Commission reviewed the proposed affordable housing project on October 23, 1997
and recommended approval.
No public testimony occurred during the public hearing. After hearing the applicant’s request for
relief from a condition requiring the Mariano Homeowner’s Association to maintain an offsite parcel
which the project would disturb, the Planning Commission agreed to delete the following condition
since the applicant provided evidence that the area would be maintained by the adjacent
Homeowner’s Association:
“In accordance with the proposed off-site grading at Lot No. 47 an easement must be
acquired, for this triangular area which is located between the southerly property line of Lot
No. 47 and the ultimate right of way for Plum Tree Road (Mariano “E” Street), from the
PAGE 2 OF AGENGk BILL NO.
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adjacent property owner (Sambi). In accordance with the Mariano tentative map note on
sheet 5 of 6, maintenance responsibilities for this area shall become the obligation of the
Mariano Homeowner’s Association. This shall be shown on the conforming mvlar tentative
map.”
GROWTH MANAGEMENT STATUS
FACILITIES ZONE 20
LOCAL FACILITIES MANAGEMENT PLAN 20
GROVVTH CONTROL POINT RLM = 3.2/RM = 6
NET DENSITY RLM = 4.1 l/RM = 4.16*
SPECIAL FACILITIES CFD NO. 1
*Results in an overall project density that is below the growth control points that are allowed by the
General Plan for both General Plan designations. This is due to a density transfer from the RM
designated area to the RLM designated area.
FISCAL IMPACT:
No fiscal impacts will result from the project since it is consistent with the Zone 20 Local Facilities
Management Plan. All necessary major capital facilities will be provided concurrent with
development and funded by the developer of the project. A financing plan that comprehensively
addresses the provision of public facilities within the facility zone has been approved by the City
Council and this project has been conditioned to participate in the identified financing mechanisms.
EXHIBITS:
1. City Council Resolution No. 9 3 -6%?-
2. Location Map
3. Planning Commission Resolutions 4186, 4187, 4189, and 4190
4. Planning Commission Staff Report, dated October 15, 1997
5. Excerpts of Planning Commission Minutes, dated October 15, 1997.
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foIlows:
RESOLUTION NO. 97-692
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE
MAP, PLANNED DEVELOPMENT PERMIT, HILLSIDE
DEVELOPMENT PERMIT, AND COASTAL DEVELOPMENT
PERMIT TO SUBDIVIDE 150 SMALL SINGLE FAMILY
LOTS, ONE MULTI-FAMILY AFFORDABLE LOT, TWO
OPEN SPACE LOTS, TWO RECREATION LOTS, AND ONE
RECREATIONAL VEHICLE LOT ALL ON PROPERTY
GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT
ROAD, EAST OF HIDDEN VALLEY ROAD, AND EAST AND
WEST OF FUTURE AVIARA PARKWAY
CASE NAME: MARIANO
CASE NO.: CT 97-141 PUD 97-l l/ HDP 97-13KDP 97-34
The City Council of the City of Carlsbad, California, does hereby resolve as .
WHEREAS, on October 15, 1997, the Planning Commission held a duly noticed
public hearing to consider a Tentative Map (CT 97-14) , Planned Development Permit (PUD 97-
1 l), Hillside Development Permit (HDP 97-13), and Coastal Development Permit (CDP 97-34)
for project development of 53.7 acres of land and adopted Planning Commission Resolution No.
4186, 4187, 4189, and 4190 respectively, recommending to the City Council that they be
approved; and
WHEREAS, on October 23, 1997, the Housing Commission held a duly noticed
public hearing to also consider the project and adopted Housing Commission Resolution No. 97-
0 13 recommending to the City Council that it be approved; and
WHEREAS, the City Council of the City of Carlsbad, on the 18th day of
November , 1997, held a public hearing to consider the recommendations and heard all persons
interested in or opposed to CT 97-l 4, PUD 97- 11, HDP 97- 13, and CDP 97-34.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad as follows:
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1.
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That the above recitations are true and correct.
That the recommendation of the Planning Commission for the approval of
the Tentative Map (CT 97-14) is approved and that the findings and
conditions of the Planning Commission contained in Planning
Commission Resolutions 4186 on file with the City Clerk and
incorporated herein by reference are the findings and conditions of the
City Council.
That the recommendation of the Planning Commission for the approval of
the Planned Development Permit (PUD 97-l 1) is approved and that the
findings and conditions of the Planning Commission contained in
Planning Commission Resolution No. 4187, on file with the City Clerk
and incorporated herein by reference, are the findings and conditions of
the City Council.
That the recommendation of the Planning Commission for the approval of
the Hillside Development Permit (HDP 97-13) is approved and that the
findings and conditions of the Planning Commission contained in
Planning Commission Resolution No. 4189, on file with the City Clerk
and incorporated herein by reference, are the findings and conditions of
the City Council.
That the recommendation of the Planning Commission for the approval of
the Coastal Development Permit (CDP 97-34) is approved and that the
findings and conditions of the Planning Commission contained in
Planning Commission Resolution No. 4190, on file with the City Clerk
and incorporated herein by reference, are the findings and conditions of
the City Council.
That the recommendations of the Housing Commission for the approval of
the project are approved and that the findings and conditions of the
Housing Commission contained in Housing Commission Resolution No.
97-013, on file with the City Clerk and incorporated herein by reference,
are the findings and conditions of the City Council.
This action is final the date this resolution is adopted by the City Council.
The provisions of Chapter 1.16 of the Carlsbad Municipal Code, “Time
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 Procedure, Section 1094.6, which has been
made applicable in the City of Carlsbad by Carlsbad Municipal Code
Chapter 1.16. Any petition or other paper seeking judicial review must be
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filed in the appropriate court not later than the nineteenth 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 deposit in
anamount sufftcient to cover the estimated cost or preparation of such
record, the time within which such petition may be filed in court is
extended to not later than the 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, CA 92008.”
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 18th day of November , 1997 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin; and Hal
None I NOES:
ABSENT: None
II ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
11 (SEAL)
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EXHIBIT 2
MARIANO
CT 97=14/PUD 97-l I/
HDP 97-13/GDP 97-34
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EXHIBIT 3
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PLANNING COMMISSION RESOLUTION NO. 4186
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CARLSBAD TRACT NUMBER CT 97-14 TO
SUBDIVIDE 53.7 ACRES INTO 157 LOTS ON PROPERTY
GENERALLY LOCATED SOUTH OF PALOMAR AIRPORT
ROAD, EAST AND WEST OF FUTURE AVIARA PARKWAY,
AND NORTH OF FUTURE POINSETTIA LANE IN LOCAL
FACILITIES MANAGEMENT ZONE 20.
CASE NAME: MARIANO
CASE NO.: CT 97-14
I WHEREAS, PacWest Group, Inc., “Developer”, has filed a verified application
with the City of Carlsbad regarding property owned by PacWest, Ltd., “Owner”, described as
Being a portion of the land designated as “Description 4, 76.89
acres” as shown and delineated on record of survey map no.
5715, filed in the office of the County Recorder of San Diego
County, December 19,1960, also being a portion of Lot “G” of
the Ranch0 Agua Hedionda, in the City of Carlsbad, County of
San Diego, State of California, according to map thereof No.
823, filed in the office of the County Recorder of said San
Diego County, November 16,1896.
(“the Property”); and
I WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibit(s) “A” - “AAA” dated October 15, 1997, on file in the Planning
Department, CT 97-14 - MARIANO, as provided by Chapter 20.12 of the Carlsbad Municipal
Code; and
WHEREAS, the Planning Commission did, on the 15th day of October 1997,
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 persons desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
W That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of Tentative Tract Map CT 97-14, based on the
following findings and subject to the following conditions:
FindinPs:
1. The Planning Commission finds that the Planning Director has determined that:
a. the project is a subsequent development as described in CEQA Guidelines
15168(c)(2) and(e), and 15183;
b. the project is consistent with the General Plan Master EIR (MEIR 93-01) and
Zone 20 Specific Plan Final EIR (FIR 90-03);
C. there were EIRs certified in connection with the prior 1994 General Plan
Update and Zone 20 Specific Plan;
d. the project has no new significant environmental effect not analyzed as significant
in the prior EIRs;
e. none of the circumstances requiring Subsequent or a Supplemental EIR under
CEQA Guidelines Sections 15 162 or 15 163 exist.
2. The Planning Commission finds that all feasible mitigation measures or project
alternatives identified in the MEIR 93-01 and EIR 90-03 which are appropriate to this
Subsequent Project have been incorporated into this Subsequent Project.
3. The Planning Commission finds that the project, as conditioned herein for CT 97-14 is
in conformance with the Elements of the City’s General Plan, based on the following:
Land Use - Proposed residential density of 4.16 du/net acre in the RM General Plan
designation is within the RM density range of 4-8 du/net acre and below the growth
control point of 6 du/net acre.
Proposed residential density of 4.11 du/acre in the RLM GP designation is above the
RL,M density range of O-4 du/net acre and the growth control point of 3.2 du/net
acre. The additional density is due to a 27 unit affordable housing project, and the
General Plan allows density increases above the maximum residential densities
permitted by the growth control point to enable development of low income housing
which is compatible with adjacent land uses and in proximity to a major roadway.
PC RESO NO. 4186 -2- -7 b
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The small apartment project, located adjacent to Aviara Parkway and consisting of
three separate buildings, is consistent in scale and compatible with surrounding
single and multi-family development. A density transfer of 23.41 units from the BM
designated area of the site permitted by the Zone 20 Specific Plan will avoid the
need to allocate excess dwelling units to this site.
Circulation - The streets serving the project have 56 to 102’ feet of public right-of-
way and include Aviara Parkway, a non-loaded major circulation arterial. All the
local, collector, and major streets within this area would he 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 traffic and accommodate emergency vehicles.
Noise - A noise study was completed for the project, and traffic noise from Aviara
Parkway will not exceed 60 dBA CNEL with proposed noise wall mitigation. The
developer is required to construct 5’-6’ high noise walls along the tops of slope of
specified lots to mitigate exterior noise to the 60 dBA CNEL level and to mitigate
interior noise levels of the future homes to 45 dBA CNEL.
Housing - The project is consistent with the Housing Element of the General Plan
and the Inclusionary Housing Ordinance since the Developer is required to provide
26.5 affordable housing units and has been conditioned to enter into an Affordable
Housing Agreement to develop a 27 unit affordable housing apartment project
located on Lot 5 within the subdivision.
Open Space and Conservation - The project is consistent with the Open Space
provisions of the General Plan and Zone 20 Specific Plan in that Lots 6 and 155,
which contains .6 acres of steep slopes possessing coastal sage scrub habitat and
total 8.3 acres of Specific Plan open space will be preserved in open space; slopes
exceeding 40% will be developed to construct Aviara Parkway, a major circulation
arterial roadway, to correct unusual soils conditions, and create single family
building pads; the proposed hillside development relates to the slope of the land
which rises from the west and east to a major ridgeline; mitigation measures that
establish a physical barrier between residential and agricultural uses will be
provided; the dedication of a trail easement for Citywide Trail Link No. 30 along
the northern property line will be required;
Native habitat impacts have been reduced or mitigated by the design of the project
in that the preservation of .6 of the 4 acres of coastal sage scrub (CSS) habitat
located within Open Space Lot 155 will be preserved by open space easement,
however, 3.4 acres of CSS habitat will be disturbed due to the set north-south
alignment of Aviara Parkway through the site and adjacent slopes requiring fire
suppression measures. Therefore, the loss of 3.4 acres of CSS habitat would result
from implementation of the project which would be mitigated through the purchase
of credits in the Carlsbad Highlands mitigation bank. The CSS loss is consistent
with the City’s draft Habitat Management Plan (HMP) as follows:
/ PC RESO NO. 4186 -3- 9
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ii)
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the habitat loss will not cumulatively exceed the 5% guideline
established in the Draft Conservation Guidelines of the Draft Natural
Community Conservation Plan (NCCP;
the habitat loss will not preclude or prevent the preparation of the
City’s Habitat Management Plan, in that the area is not part of a
Preserve Planning Area @‘PA) or Linkage Planning Area (LPA),
makes no contribution to the overall preserve system, and will not
significantly impact the use of habitat patches as archipelago or
stepping stones to surrounding PPAs;
the loss will not preclude connectivity between areas of high habitat
value since this area is not included as a part of a Linkage Planning
Area (LPA);
the habitat loss will not appreciably reduce the likelihood of the
survival and recovery of Listed wildlife species in the wild, in that high
quality habitat equal to or greater in area and quality to that
disturbed will be preserved offsite;
the habitat loss has been minimized and mitigated to the maximum
extent practicable in accordance with the mitigation established by
the NCCP Guidelines, in that credit for 3.4 acres of CSS habitat will
be purchased for preservation in the Carlsbad Highland mitigation
bank;
the habitat loss is incidental to otherwise lawful activities, in that the
proposed subdivision of Mariano is consistent with the City’s General
Plan, the Subdivision Map Act, and the Zoning and Subdivision
Ordinances.
Parks and Recreation - The project is required to pay park-in-lieu fees.
Public Safety - The proposed project is required to provide streets, sidewalks, street
lights, and fire hydrants, as shown on the tentative map, or included as conditions of
approval.
4. 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
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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. Prior to final map approval the developer is conditioned to enter into an
agreement with the appropriate school district to ensure that adequate school
facilities are available to serve the project.
C. Park-in-lieu fees are required.
d. All necessary public improvements have been provided or are required as
conditions of approval.
e. The developer has agreed and is required by the inclusion of an appropriate
condition to pay a public facilities fee. Performance of that contract and payment
of the fee will enable this body to find that public facilities will be available
concurrent with need as required by the General Plan.
5. 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.
6. This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 20.
7. The project is consistent with the Comprehensive Land Use Plan (CLUP) for the
McClellan-Palomar Airport, dated April, 1994 in that the develouer is conditioned to
record a notice concerning aircraft noise and an avipation easement. The project is
compatible with the projected noise levels of the CLUP; and, based on the noise/land use
compatibility matrix of the CLUP, the proposed land use is compatible with the airport,
in that residential development is conditionally compatible within the 60 to 65 CNEL
and the project has been conditioned to mitigate interior noise levels to 45 dBA
CNEL.
8. That the project is consistent with the City’s Landscape Manual, adopted by City Council
Resolution No. 90-3 84.
9. 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
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shown on the tentative map, or included as conditions of approval. The local streets
have adequate public right-of-way and connect to Aviara Parkway a non-loaded
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major circulation arterial roadway. All the local, collector, and major streets within
this area will be constructed by developer 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 traffic and
accommodate emergency vehicles.
That the proposed project is compatible with the surrounding existing and future land
uses since: 1) surrounding properties are also designated for medium and low-
medium density residential development and open space; 2) the single family and
multi-family units would be surrounded by open space along the eastern boundary
and existing or future single family and multi-family units along the northern,
southern, and western property boundaries that are compatible in size and scale; 3)
public street improvements, including Aviara Parkway, would be constructed to
accommodate traffic generated by the project; 4) the project is compatible with the
residential development (Sudan Interior Mission) to the north; and 5) the project is
consistent with the Palomar Airport CLUP.
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 the 5,000+ square foot
lot sizes allow for a variety of building placement alternatives, including the
adequate placement and separation of the homes, in combination with the proposed
variety of future floor plans and the dominant western wind patterns/solar radiation
patterns, 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;
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16. That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that all feasible mitigation measures or project alternatives identified in
the certified Final EIR 90-03 and MEIR 93-01 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.
17. That the discharge of waste from the subdivision will not result in violation of existing
California Regional Water Quality Control Board requirements, in that the drainage
requirements of Specific Plan 203, City ordinances,’ and Mello II have been
considered and appropriate drainage facilities have been designed and secured. In
addition to City Engineering Standards and compliance with the City’s Master
Drainage Plan, National Pollution Discharge Elimination System (NPDES)
standards will be satisfied to prevent any discharge violations.
18. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
19. 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: ‘access
to public transportation along Aviara Parkway, providing links to public
sidewalk systems; providing for safe pedestrian and bicycle movements within
the project; and designing the project to accommodate pedestrian spaces as well
as proposed parking areas and building locations.
Conditions:
Planning:
1. The Planning Commission does hereby RECOMMEND APPROVAL of the Tentative
Map for the CT 97-14 project entitled “Mariano”. (Exhibits “A” - “AAA” on file in
the Planning Department and incorporated by this reference, dated October 15, 1997)
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. The Developer shall comply with all applicable provisions of federal, state, and local
ordinances in effect at the time of building permit issuance.
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The Developer shall provide the City with a reproducible 24” x 36”, mylar copy of the
Tentative Map which shall include fire suppression zones on applicable lots
(identified on Conceptual Landscape Plan Sheet 10 of 15, Exhibit “UU”) as
approved by the final decision making body. The Tentative Map shall reflect the
conditions of approval by the City. The Map copy shall be submitted to the City
Engineer and approved prior to building, grading, final map, or improvement plan
submittal, whichever occurs first.
The Developer shall include, as part of the plans submitted for any permit plan check, a
reduced, legible version of the approving resolution/resolutions on a 24” x 36” blueline
drawing. Said blueline drawing(s) shall also include a copy of any applicable Coastal
Development Permit and signed approved site plan.
The Developer shall pay the public facilities fee adopted by the City Council on July 28,
1987 (amended July 2, 1991) and as amended from time to time, and any development
fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal
Code or other ordinance adopted to implement a growth management system or Facilities
and Improvement. Plan and to fulfil1 the subdivider’s agreement to pay the public facilities
fee dated May 6, 1996, a copy of which is on file with the City Clerk and is incorporated
by this reference. If the fees are not paid, this application will not be consistent with the
General Plan and approval for this project will be void.
The final map shall not be approved unless the City Council finds as of the time of such
approval that sewer service is available to serve the subdivision.
Building permits will not be issued for development of the subject property unless the
District Engineer determines that sewer facilities are available at the time of application
for such sewer permits and will continue to be available until time of occupancy. A note
to this effect shall be placed on the final map.
Prior to approval of a final map or the issuance/approval of a building permit, which ever
occurs first, the Developer shall submit evidence to the Planning Director that impacts to
school facilities have been mitigated in conformance with the City’s Growth Management
Plan to the extent permitted by applicable state law. If the mitigation involves a
financing scheme such as a Mello-Roos Community Facilities District which is
inconsistent with the City’s Growth Management Plan including City Council Policy
Statement No. 38, the Developer shall disclose to future owners in the project, to the
maximum extent possible, the existence of the tax and that the school district is the taxing
agency responsible for the financing district.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 20 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
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10. If any condition for construction of any public improvements or facilities, or the payment
of any fees in lieu thereof, imposed by this approval or imposed by law on this residential
housing project are challenged this approval shall be suspended as provided in
Government Code Section 66020. If any such condition is determined to be invalid this
approval shall be invalid unless the City Council determines that the project without the
condition complies with all requirements of law.
11. Approval of CT 97-14 is granted subject to the approval of FUD 97-11, SDP 97-16,
HDP 97-13 and CDP 97-34 CT 97-14 is subject to all conditions contained in
Resolutions No. 4187, 4188, 4189 and 4190 for PUD 97-11, SDP 97-16, HDP 97-13,
and CDP 97-34.
12. The Developer shall establish a homeowner’s association and corresponding covenants,
conditions and restrictions that shall be applicable to all lots except Lot 5 which shall be
maintained in accordance with all conditions of approval of this resolution. Said
CC&Rs shall be submitted to and approved by the Planning Director prior to final map
approval. Prior to issuance of a building permit the Developer shall provide the
Planning Department with an acknowledgment from the California Department of
Real Estate that the conditions contained herein pertaining to the CC&Rs shall be
effectuated through the final CC&Rs approved by the California Department of
Real Estate. A recorded copy of the offkial CC&Rs that have been approved by the
Department of Real Estate and the Planning Director shall be provided to the
Planning Director within ten days of issuance of the Department’s public report.
Said CC&Rs may not be amended without the amendment being submitted to and
approved by both the Planning Director and the City Attorney. At a minimum, the
CC&Rs shall contain the following provisions:
a. General Enforcement bv the Citv. The City shall have the right, but not the
obligation, to enforce those Protective Covenants set forth in this Declaration in
favor of, or in which the City has an interest.
b. Failure of Association to Maintain Common Area Lots and Easements. “In the
event that the Association fails to maintain the “Common Area Lots and/or the
Association’s Easements”, including the open space maintenance easement
shown in Exhibits “A” - “E” dated October 15, 1997, as provided in Article
Section , the City shall have the right, but not the duty, to perform
the necessary maintenance. If the City elects to perform such maintenance, the
City shall give written notice to the Association, with a copy thereof to the
Owners in the Project, setting forth with particularity the maintenance which the
City finds to be required and requesting the same be carried out by the
Association within a period of thirty (30) days from the giving of such notice. In
the event that the Association fails to carry out such maintenance of the Common
Area Lots and/or Association’s Easements within the period specified by the
City’s notice, the City shall be entitled to cause such work to be completed and
shall be entitled to reimbursement with respect thereto from the Owners as
provided herein.”
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C. Special Assessments Levied bv the Citv. “In the event the City has performed the
necessary maintenance to either Common Area Lots and/or Association’s
Easements, the City shall submit a written invoice to the Association for all costs
incurred by the City to perform such maintenance of the Common Area Lots and
or Association’s Easement, including the open space maintenance easement, as
shown on Exhibits “A” - “E” dated October 15,1997. The City shall provide a
copy of such invoice to each Owner in the Project, together with a statement that
if the Association fails to pay such invoice in full within the time specified, the
City will pursue collection against the Owners in the Project pursuant to the
provisions of this Section. Said invoice shall be due and payable by the
Association within twenty (20) days of receipt by the Association. If the
Association shall fail to pay such invoice in full within the period specified,
payment shall be deemed delinquent and shall be subject to a late charge in an
amount equal to six percent (6%) of the amount of the invoice. Thereafter the
City may pursue collection from the Association by means of any remedies
available at law or in equity. Without limiting the generality of the foregoing, in
addition to all other rights and remedies available to the City, the City may levy a
special assessment against the Owners of each Lot in the Project for an equal
prorata share of the invoice, plus the late charge. Such special assessment shall
constitute a charge on the land and shall be a continuing lien upon each Lot
against which the special assessment is levied. Each Owner in the Project hereby
vests the City with the right and power to levy such special assessment, to impose
a lien upon their respective Lot and to bring all legal actions and/or to pursue lien
foreclosure procedures against any Owner and his/her respective Lot for purposes
of collecting such special assessment in accordance with the procedures set forth
in Article of this Declaration”.
13. The CC&Rs shill include provisions specifying Homeowner’s Association (HOA)
maintenance responsibility for Open Space Lots 6 and 155 (excluding the desiltation
basin), Recreation Vehicle Lot 156, Common Recreation Lots 107 and 157, and
those portions of lots 1 through 5, 27 through 47, 54, 55, 65 through 77, and 137
through 154 identified as “HOA maintenance easement” on the tentative map,
Exhibits “A” - “E”, dated October 15,1997. The CC&R’s shall stipulate that within
the boundaries of the HOA open space maintenance easement, structures or any
other thing not shown on the approved site development plan (Exhibits “G” - “L”)
or landscape plans (Exhibits “MM” - “AAA”) dated October 15, 1997, shall be
prohibited.
14. The Developer shall provide bus stops to service this development at locations and with
reasonable facilities to the satisfaction of the North County Transit District and the
Planning Director. Said facilities, if required, shall at a minimum include a bench, free
from advertising, and a pole for the bus stop sign. The bench and pole shall be designed
to enhance or be consistent with the basic architectural theme of the project.
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15. The Developer shall display a current Zoning and Land Use Map in the sales office at all
times, or suitable alternative to the satisfaction of the Planning Director.
16. All sales maps that are distributed or made available to the public shall include but not be
limited to trails, future and existing schools, parks, and streets.
17. The Developer shall prepare a detailed landscape and irrigation plan in conformance with
the approved Preliminary Landscape Plan and the City’s Landscape Manual. The plans
shall be submitted to and approval obtained from the Planning Director prior to the
approval of the final map, grading permit, or building permit, whichever occurs first. The
Developer shall construct and install all landscaping as shown on the approved plans, and
maintain all landscaping in a healthy and thriving condition, free from weeds, trash, and
debris.
The first submittal of detailed landscape and irrigation plans shall be accompanied by the
project’s building, improvement, and grading plans.
All building pad and street areas that are graded and remain vacant or undeveloped
for a period of more than 12 months after the grading operation is completed shall
be seeded and adequately irrigated to reduce erosion and visual impacts. If grading
is 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 Director.
All landscaping shall comply with the Landscape Requirements of Specific Plan 203.
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PC RESO NO. 4186
Prior to approval of the final map, the Developer shall be required: (1) to consult with the
United States Fish and Wildlife Service (USFWS) regarding the impact of the project on
the Coastal California Gnatcatcher and Coastal Sage Scrub Habitat; and, 2) obtain any
permits required by the USWFS.
The Developer shall implement, or cause the implementation of MEIR 93-01 the Zone
20 Final EIR (EIR 90-03) Mitigation Monitoring and Reporting Programs that are
imposed by this resolution or that are incorporated into the design of the project.
Prior to any grading of the project site, a paleontologist shall be retained to perform a
walkover survey of the site and to review the grading plans to determine if the proposed
grading will impact fossil resources. A copy of the paleontologist’s report shall be
provided to the Planning Director prior to issuance of a grading permit.
A qualified paleontologist shall be retained to perform periodic inspections of the site and
to salvage exposed fossils. Due to the small nature of some of the fossils present in the
geologic strata, it may be necessary to collect matrix samples for laboratory processing
through fine screens. The paleontologist shall make periodic reports to the Planning
Director during the grading process.
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The paleontologist shall be allowed to divert or direct grading in the area of an exposed
fossil in order to facilitate evaluation and, if necessary, salvage artifacts.
All fossils collected shall be donated to a public, non-profit institution with a research
interest in the materials, such as the San Diego Natural History Museum.
Any conflicts regarding the role of the paleontologist and the grading activities of the
project shall be resolved by the Planning Director and City Engineer.
The developer shall provide notices to all future homebuyers within the specific plan of
the existence and possible impacts from, among other things, lights, noise, traffic and
circulation. The form of this notification shall be approved by the Planning Director and
included in the CC&Rs for the project and proof of service of such notification upon
purchasers shall be made to the satisfaction of the Planning Director.
Prior to the recordation of the first final map or the issuance of building permits,
whichever occurs first, the Developer shall prepare and record a Notice that this property
may be subject to noise impacts from the Aviara Parkway Transportation Corridor in a
form meeting the approval of the Planning Director and City Attorney.
Prior to the recordation of the first final map or the issuance of building permits,
whichever occurs fust, the Developer shall prepare and record a Notice that this property
is subject to overflight, sight, and sound of aircraft operating from McClellan-Palomar
Airport in a form meeting the approval of the Planning Director and the City Attorney.
Prior to issuance of building permits, the Developer shall record an Avigation Easement
for all lots located within the 60 to 65 CNEL contour to the County of San Diego and
file a copy of the recorded document with the Planning Director.
The Developer shall post aircraft noise notification signs in all sales and/or rental offices
associated with the new development. The number and locations of said signs shall be
approved by the Planning Director.
The applicant shall submit a wall and fencing plan, which is consistent with the
required uniform wall locations shown on Exhibits “A” - “E”, for Planning Director
approval prior to issuance of building permits.
In accordance with the Acoustical Technical Report performed by Ogden
Environmental and Energy Services, prior to occupancy of any of the dwelling
units, the developer shall construct noise barrier walls not to exceed 6 feet in height
as shown on Exhibits “B” through “E”. The design of the wall shall be included in
the required fence plan to be approved by the Planning Director.
Prior to issuance of a building permit the developer shall mitigate the interior noise
levels of the homes to 45 dBA CNEL, in accordance with the policies of the Noise
Element of the General Plan and the recommendation of the project’s noise study
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prepared by Ogden Environmental and Energy Services on file in the Planning
Department. If openings to the exterior of the homes are required to be closed to
meet the interior noise standard then mechanical ventilation shall be provided.
36. To offset the conversion of non-prime agricultural land to urban land uses per the
requirements of the Mello II Local Coastal Program, the applicant shall provide
payment of an agricultural mitigation fee, the amount of which shall not be less than
$5,000 nor more than $10,000 for each net converted acre of non-prime agricultural
land. The amount of the fee shall be determined by the City Council prior to
approval of the final map and shall be consistent with the provisions of Carlsbad’s
LCP. The fee shall be paid prior to final map or issuance of a grading permit,
whichever occurs first.
37. Compliance with APCD Rules 51 (The “Nuisance” Rule), 52 (Particulate Matter),
and 54 (Dust and Fumes) of the Air Quality Chapter would effectively mitigate dust
impacts generated during grading operations. A note shall be placed on the grading
permit stipulating that the following measures shall be required to achieve
compliance with these rules, and reduce construction-related air pollutants:
a. The watering of all surfaces being graded and haul routes shall be
required during dry weather conditions.
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All unpaved areas shall be revegetated according to approved
landscape plans as soon as possible after grading.
All construction-related traffic shall be restricted to routes that are
dust-controlled, and reduced speed limits shall be maintained for all
haul and construction vehicles.
All construction activities shall be limited during periods of high
winds.
All heavy-duty, diesel-powered construction equipment shall be
operated according to manufacturers suggested operating instruction
(with the fuel-injection timing retarded to recommended levels for
NOx emissions, but which would not result in excessive visible smoke
emissions) in order to control pollutant emissions.
Construction equipment shall be subject to regularly scheduled
maintenance/tune-ups, and be turned off when not being utilized to
avoid excessive idling emissions.
The application of architectural coating and cut-back asphalt shall
adhere to APCD Rules 67.0 and 67.7, to effectively control other
construction-related emissions of air pollutants.
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The Engineering Department shall monitor for compliance during all
grading operations of the project.
The Homeowner’s Association shall obtain and distribute to owners and tenants
annual information from Caltrans and North County Transit regarding the
availability of public transportation, ride-sharing, and transportation pooling
services in the area. This information shall also be provided in the sales offrce of the
project. A condition so stating this shall also be placed in the CC&&s for the
project.
Prior to occupancy of individual units, a solid wall or fence and landscaped
windbreaks shall be installed along the perimeter of any future developable area
that abuts property under “open field” cultivation, in order to reduce public
nuisance effects of adjacent pesticide spraying and dust generation from farm
vehicles and operations.
Prior to approval of a final map or issuance of a building permit, whichever occurs
first, an infrastructure improvement plan shall be submitted to the Planning and
Engineering Departments for review and approval by the Planning Director and
City Engineer. This plan shall illustrate the temporary road connections required
to maintain continued access to adjacent agricultural properties that could be
impacted by future roadway improvements.
Drainage water from buildings, streets, parking lots, and landscaped areas within
the project shall be disposed of through stormdrains or otherwise in a manner that
will avoid any runoff onto agricultural areas whether planted or fallow. All runoff,
agricultural and urban, shall conform with the National Pollution Discharge and
Elimination System Permit requirements pursuant to San Diego Regional Water
Quality Control Board Order No. 90-42, adopted by City Council Resolution No. 90-
235.
Prior to issuance of a building. permit the project shall comply with the City of
Carlsbad’s standards for solid waste management.
Prior to approval of the final map or issuance of building permits, whichever occurs
first, the applicant shall notify, to the satisfaction of the Planning Director and City
Attorney, all owners, users and tenants of this project that this area is subject to
dust, pesticides, and odors associated with adjacent agricultural operations, and
that the owners, users, and tenants occupy this area at their on risk. The Developer
shall post notices to this effect in all sales/rental offices associated with the
development.
All grading shall comply with the recommendations incorporated by Geotechnical
Exploration, Inc. in the preliminary geotechnical investigation and updates of the
site dated December 21, 1995 and September 26, 1996 and any amendments or
updates of the report, that is on file in the Planning Department.
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46. Prior to approval of a final map, improvement plans shall be submitted to the
Engineering Department showing locations and sizing of reclaimed and or urban
runoff diversion facilities, in accordance with the Carlsbad Municipal Water
District requirements and the phasing schedule provided in the Zone 20 LFMP.
Reclaimed water facilities shall be constructed in all major roadways within the
project.
47. The Developer shall dedicate to the Homeowner’s Association on the final map, an
open space maintenance easement over a) open space Lots 6 and 155, excluding the
desiltation basin located within Lot 155; b) the recreational vehicle lot (Lot 156); c)
common recreation lots 107 and 157; and d) those portions of Lots 1 through 5,27
through 47, 54, 55, 65 through 77, and 137 through I54 identified as “HOA
maintenance easement” on the tentative map, Exhibits “A” - “E”, dated October
15, 1997; to enable maintenance activities within the easement area, including, but
not limited to, landscaping and irrigation in accordance with the approved site plan
and landscape plans, removal of debris and trash, and erosion prevention and
remediation. A note to this effect shall be placed on the non-mapping data sheet of
the final map.
48. Removal of native vegetation and development of Open Space Lot(s) 6 and 155,
including but not limited to fences, walls, decks, storage buildings, pools, spas, stairways
and landscaping, other than that approved as part of (the grading plan, improvement
plans, biological revegetation program, landscape plan, etc.) as shown on Exhibits “A”
through “MA”, is specifically prohibited, except upon written order of the Carlsbad
Fire Department for fire prevention purposes, or upon written approval of the Planning
Director, based upon a request from the Homeowners Association accompanied by a
report from a qualified arbor&/botanist indicating the need to remove specified trees
and/or plants because of disease or impending danger to adjacent habitable dwelling
units. For areas containing native vegetation the report required to accompany the
request shall be prepared by a qualified biologist.
49. Prior to approval of the final map, the Developer shall provide an irrevocable offer of
dedication to the City of Carlsbad for a trail easement for trail(s) shown on the tentative
mal, within Open Space Lot(s) 155. If the City of Carlsbad accepts dedication of the trail
easement, the trail shall be constructed as a public trail and will be the maintenance and
liability responsibility of the City of Carlsbad. If the City of Carlsbad does not accept
dedication of the trail easement, the trail shall still be constructed but it shall be
constructed as a private trail and shall be the maintenance and liability responsibility of
the Master Homeowner’s Association.
50. .3.4 acres of coastal sage scrub (CSS) habitat will be directly impacted by this
project. Pursuant to the Interim Take provisions of the 4d Rule for the California
Gnatcatcher, the project shall be required to mitigate this take of 3.4 acres of CSS
by acquiring for preservation comparable quality habitat at a 2:l ratio. Prior to the
recordation of the first final tract map, the applicant shall mitigate this impact by
purchasing for preservation 6.8 acres of comparable quality CSS habitat within the
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high quality, coastal sage scrub area found in the Carlsbad Highlands mitigation
bank or such other location found acceptable by the agencies, upon approval of the
US Fish and Wildlife Service (USFWS), the California Department of Fish and
Game, and the City of Carlsbad.
Prior to the issuance of the final map or grading permit, whichever occurs first, the
developer shall obtain written approval .of the California Coastal Commission, to
record a release of the deed restriction to allow the alteration of landform and
removal of vegetation within the area identified by Deed Restriction (County
Recorder of San Diego County File No. 89-113853) dated 03-06-89.
In accordance with the “Wetland Determination Report for the Mariano Project”,
prepared by Dudek and Associates dated July 24, 1996, the applicant shall consult
with the California Department of Fish and Game (CDFG) and receive concurrence
that a 1603 Agreement is not required to mitigate the .Ol acre of mule fat identified
within the project boundaries, or the applicant shall receive any required permit
prior to the issuance of a final map or grading permit, whichever occurs first.
At least 10% of units located along the ridgeline west of Aviara Parkway shall be
limited to one story or at least 50% of all ridgeline units shall be single story for at
least 50% of the building coverage.
Prior to the issuance of building permits, the applicant shall provide evidence to the
satisfaction of the Planning Director that roof materials and colors are varied to
provide a wide dark to light spectrum and exclusive of Spanish barrel type tiles.
Engineering:
55. If the developer chooses to record a final subdivision map out of the phase shown on the
tentative map, the new phasing must be reviewed and approved or conditionally approved
by the City Engineer and Planning Director.
56. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, the developer shall submit to and receive approval from the City
Engineer for the proposed haul route. The developer shall comply with all conditions and
requirements that the City Engineer may impose with regards to the hauling operation.
57. Rain gutters must be provided to convey roof drainage to an approved drainage course or
street to the satisfaction of the City Engineer.
58. Additional drainage easements may be required. Drainage structures shall be provided or
installed prior to or concurrent with any grading or building permit as may be required by
the City Engineer.
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed major subdivision, must be met prior to approval of a final map.
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All concrete terrace drains shall be maintained by the homeowner’s association (if on
commonly owned property) or the individual property owner (if on an individually
owned lot). An appropriately worded statement clearly identifying the responsibility
shall be placed in the CC&Rs (if maintained by the Association) and on the final map.
The developer shall defend, indemnify and hold harmless the City and its agents, officers,
and employees from any claim, action or proceeding against the City or its agents,
officers, or employees to attack, set aside, void or null an approval of the City, the
Planning Commission or City Engineer which has been brought against the City within
the time period provided for by Section 66499.37 of the Subdivision Map Act.
The developer shall provide for sight distance corridors at the inclusionary housing site
driveway (at Lot No. 5) in accordance with Engineering Standards and shall record the
following statements on the conforming mylar tentative map, site development plan
and landscape plans:
a. “NO structure, fence, wall, sign, or other object over 30 inches above the street
level may be placed or permitted to encroach within the area identified as a sight
distance corridor in accordance with City Standards. The underlying property
owner, or homeowner’s association shall maintain this condition.”
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b. Within the sight distance zone, street trees must have no branches or foliage
lower than 8’-0” above the sidewalk or finished grade. At the time of
planting, shrubs and ground cover must be of a species and variety that at
maturity, without pruning, the height will not exceed 30”.
Prior to issuance of a building permit for any buildable lot within the subdivision, the
property owner shall pay a one-time special development tax in accordance with City
Council Resolution No. 91-39.
The developer shall 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.
The owner shall execute a hold harmless agreement for geologic failure.
PC RESO NO. 4186 -17-
The developer shall provide an acceptable means for maintaining the private easements
within the subdivision and all the private: streets, sidewalks, street lights, storm drain
facilities and sewer facilities located therein and to distribute the costs of such
maintenance in an equitable manner among the owners of the properties within the
subdivision. Adequate provision for such maintenance shall be included with the CC&Rs
subject to the approval of the City Engineer.
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Prior to approval of any grading or building permits for this project, the owner shall give
written consent to the annexation of the area shown within the boundaries of the
subdivision plan into the existing City of Carlsbad Street Lighting and Landscaping
District No. 1 on a form provided by the City.
This project is within the proposed boundary of the Aviara Parkway/Poinsettia Lane
Fee District. This project is required to pay a fair share contribution to the district. If the
developer will be requesting fee credits on any portion of the facilities which are
required to be constructed in accordance with the conditions of approval for this
project, the developer must establish an accounting system for this construction,
prior to the beginning of the construction, to the satisfaction of the Principal
Engineering Inspector and City Engineer.
Based upon a review of the proposed grading and the grading quantities shown on the
tentative map, a grading permit for this project is required. The developer must submit
and receive approval for grading plans in accordance with City codes and standards.
Prior to the issuance of a grading permit, the developer shall submit proof that a Notice of
Intention has been submitted to the State Water Resources Control Board.
Upon completion of grading, the developer 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 for private improvements shall occur outside the limits of the subdivision
unless a grading or slope easement is obtained from the owners of the affected properties
and recorded. If the developer is unable to obtain the grading or slope easement, no
grading permit will be issued. In that case the developer must either amend the tentative
map or modify the plans 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.
In accordance with .the preliminary geo-technical report, to aid in structure
foundation design alternatives, settlement monuments shall be installed on all fills
greater than 20’ in thickness, in the canyon areas, and in areas where surcharge fills
are going to be placed. The settlement monuments shall be installed immediately
upon the completion of rough grading. Weekly settlement readings shall be taken
by a licensed surveyor until the data indicates that an alternate schedule or
termination of the monitoring is warranted to the satisfaction of the City Engineer.
PC RESO NO. 4186 -18- 29
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b. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
PC PESO NO. ‘4186 -19- &’
The developer shall install or agree to install and secure with appropriate security as
provided by law, a detention basin of a type and size, as approved by the City Engineer.
The location of the basin shall be as shown on the tentative map (canyon area south
of Lot No. 6) and also as approved by the City Engineer. Prior to final map, the
developer shall dedicate a public access easement to the detention basin, from the
public right-of-way. Additionally, prior to final map, the developer shall dedicate a
public easement over the detention basin for future public maintenance purposes.
Public maintenance of the detention basin shall begin once the public improvements
for the subdivision have been accepted by the City. The basin shall be serviced by an
all-weather access/maintenance road, which shall include a turn-around at the
detension basin, which shall accommodate a single unit truck having a turning
radius of 30 feet.
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 fi-ee and clear of all liens and encumbrances and without cost to the
City. Streets that are already public are not required to be rededicated.
Prior to issuance of building permits, the developer shall underground all existing
overhead utilities along and within the subdivision boundary.
Direct access rights for all lots abutting Aviara Parkway shall be waived on the final map.
The drainage system shall be designed to ensure that runoff resulting from IO-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 duration’s shall be analyzed to
determine the detention basin capacities necessary to accomplish the desired results.
The developer shall comply with the City’s requirements of the National Pollutant
Discharge Elimination System (NPDES) permit. The developer shall provide best
management practices as referenced in the “California Storm Water Best Management
Practices Handbook” to reduce surface pollutants to an acceptable level prior to discharge
to sensitive areas. Plans for such improvements shall be approved by the City Engineer.
Said plans shall include but not be limited to notifying prospective owners and tenants of
the following:
a. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
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herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
d. Surface pollutant’mitigation measures shall be implemented for the parking
area of the inclusionary housing site. Onsite surface pollutants must be
mitigated prior to surface run-off being discharged, into the public right of
way and/or public storm drain system. Pollutant mitigation measures may
include, but are not limited to: draining surface run-off through vegetated
swales, installing onsite de-pollutant basins, installing onsite storm drain
filters, etc. Mitbation measures shall be shown on the conforminp mylar site
develoument ulan.
80. 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, in accordance with the following:
a. Aviara Parkway full major arterial 102’ right of way/82’ curb to curb street
improvements, along the project’s frontage, including full raised median
improvements and any required transitions to existing grading and
improvements.
b. Full traffic signal installation at the Mariano “A” Street/Aviara Parkway/
Cobblestone Road intersection.
C. Full on-site local street improvements to “A, C & E” Streets, to a 60’ right of
way/40’ curb to curb width, including street light standards and concrete
sidewalks.
d. In accordance with the City’s ‘cul-de-sac-standards, a maximum of 50 units
can be constructed, on both the east and west side of Aviara Parkway (100
units total), within the subdivision boundary, until the following off-site
street improvements are completed:
i> Off-site asphalt/concrete (A/C) improvements to “C” Street to a width
of 28’, up to the existing “match line” of Coneflower Drive, within the
Samhi subdivision. From the “match line” south, Mariano shall
complete the 40’ A/C paving top coat to Plum Tree Road, and, shall
install or connect to the water line from Plum Tree Road;
ii) Off-site asphalt/concrete (A/C) improvements to “E” Street to a width
of 28’, from the Mariano southerly subdivision property line to
PC RESO NO. 4186
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8 1. Some improvements shown on the tentative map and/or required by these conditions are
located off-site 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 developer shall conform to Section 20.16.095 of the Carlsbad Municipal Code by, no
later than sixty days prior to filing the final map for approval, providing the city
with sufficient information, reports and data, including but not limited to, an
appraisal and title report, to enable the City to commence proceedings pursuant to
Title 7 of Part 3 of the Code of Civil Procedure to acquire an interest in the land
which will permit the improvements to be made, including proceedings for
immediate possession of the property, pursuant to Article 3 of said title. The
subdivider shall bear all costs associated with the acquisition of the property
interests and the estimated cost thereof shall be secured as provided in Section
20.16.070.
existing Aviara Parkway. Additionally Mariano shall install or
connect to the potable and reclaimed water line, within Plum Tree
Road, from Aviara Parkway, to the Mariano southerly subdivision
property line.
e. Full cul-de-sac street improvements to “B, D & F” Streets, to a 56’ right of
way/36’ curb to curb width, including street light standards and concrete
sidewalks.
f. Full improvements to private street “A” (Lot No. 57), to a 30’ .curb to curb
width, with one (1) 4.5’ concrete sidewalk located on the easterly side of the
street.
g. Existing San Diego Gas & Electric (SDG&E) power poles, within the canyon
area, shall be raised to accommodate power line sag and provide adequate
clearance from the power lines to the proposed street system within Mariano,
to the satisfaction of the City Engineer and SDG&E. (See note on sheet 5 of 6
of the tentative map.)
A list of the above improvements 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.
82. The design of all private streets and drainage systems shall be approved by the City
Engineer. The structural section of all private streets shall conform to City of Carlsbad
Standards based on R-value tests. All private streets (Private Street “A”/Lot 57) and
drainage systems shall be inspected by the City. The standard improvement plan check
and inspection fees shall be paid prior to approval of the final map for this project.
. . .
PC RESO NO. 4186 -21- c?7
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83. Notes to the following effect shall be placed on the final map as non-mapping data:
a. Geo-technical Caution:
9 Slopes steeper than two parts horizontal to one part vertical exist within
the boundaries of this subdivision.
ii) 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.
b. No structure, fence, wall, sign, or other object over 30 inches above the street
level may be placed or permitted to encroach within the area identified as a sight
distance corridor in accordance with City Standards. The underlying property
owner, or homeowner’s association shall maintain this condition.”
C. Within the sight distance zone, street trees must have no branches or foliage
lower than 8’-0” above the sidewalk or finished grade. At the time of
planting, shrubs and ground cover must be of a species and variety that at
maturity, without pruning, the height will not exceed 30”.
84. An all weather access and turn-around must be provided to the inlet of the 66”
storm drain which is proposed within “F” Street.
85. The developer shall provide the engineering department with either proof of
dedication and recordation of fee title, or access easement dedication across Private
Street “A” (Lot No. 57) to the Sudan Interior Mission (SIM) property.
86. At the inclusionary housing site (sheet 6 of 6 of the Mariano site development plan),
where proposed parking stalls are immediately adjacent to and at an angle to each
other, 5’ offsets shall be provided to facilitate ingress and egress to the parking
stalls. This shall be shown on the conforminP mvlar site development plan
87. The proposed sewer line and sewer easement, located at Lot No. 156, shall be
deleted. This shall be shown on the conforming mylar tentative map and site
develoument ulan.
88. Prior to issuance of a grading permit, a Joint Use agreement shall be executed
between the City and San Diego Gas & Electric (SDG&E) Co. for the encroachment
of proposed “F” Street into the existing SDG&E easement. The developer shall
process this Joint Use agreement.
PC RESO NO. 4186 -22-
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Fire:
89. Multi-family: Provide additional public fire hydrants at intervals of 300 feet along public
streets and private driveways. Hydrants should be located at street intersections when
possible, but should be positioned no closer than 100 feet from terminus of ,a street or
driveway.
Single-family: Provide additional public fire hydrants at intervals of 500 feet along
public streets and/or private driveways. Hydrants should be located at street intersections
when possible, but should be positioned no closer than 100 feet from terminus of a street
or driveway.
90. 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 indicate off-site fire hydrants within 200 feet of the project.
91. Prior to issuance of the building permit, the applicant shall obtain fire department
approval of a wildland fuel management plan. The plan shall clearly indicate methods
proposed to mitigate and manage fire risk associated with native vegetation growing
within 60 feet of structures. The plan shall reflect the standards presented in the fire
suppression element of the City of Carlsbad Landscape Guidelines Manual Prior to
occupancy of buildings, all wildland fuel mitigation activities must be complete, and the
condition of all vegetation within 60 feet of structures found to be in conformance with
an approved wildland fuel management plan. Landscape plans must be approved by the
Fire Department prior to issuance of any building permits.
92. The applicant shall provide a street map which conforms to the following requirements:
A 400 scale photo-reduction mylar, depicting proposed improvements and at least
existing intersections or streets. The map shah also clearly depict street centerlines,
hydrant locations and street names.
Water:
93. The entire potable water system, reclaimed water system and sewer system shall be
evaluated in detail to insure that adequate capacity, pressure and flow demands can be
met.
94. The Developer shall be responsible for all fees, deposits and charges which will be
collected before and/or at the time of issuance of the building permit. The San Diego
County Water Authority capacity charge will be collected at issuance of application for
meter installation.
95. Sequentially, the Developers Engineer shall do the following:
a. Meet with the City Fire Marshal and establish the fire protection requirements.
Also obtain GPM demand for domestic and irrigational needs from appropriate
PC PESO NO. 4186 -23- J9
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parties.
b. Prepare a colored reclaimed water use area map and submit to the Planning
Department for processing and approval.
C. Prior to the preparation of sewer, water and reclaimed water improvement plans, a
meeting must be scheduled with the District Engineer for review comment and
approval of the preliminary system layouts and usages (i.e., GPM-EDU).
96. 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 permits will continue to
be available until time of occupancy. This note shall be places on the final map.
Code Reminders:
97.
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105.
Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provide herein.
The Developer shall submit a street name list consistent with the City’s street name policy
subject to the Planning Director’s approval prior to final map approval.
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 Mumcipal Code and the City Engineer.
All landscape and irrigation plans shall be prepared to conform with the Landscape
Manual and submitted per the landscape plan check procedures on file in the Planning
Department.
Any signs proposed for this development shall at a minimum be designed in conformance
with the City’s Sign Ordinance and shall require review and approval of the Planning
Director prior to installation of such signs.
The Developer shall pay park-in-lieu fees to the City, prior to the approval of the final
map as required by Chapter 20.44 of the Carlsbad Municipal Code.
The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
The developer shall exercise special care during the construction phase of this project to
prevent off-site siltation. Planting and erosion control shall be provided in accordance
with the Carlsbad Municipal Code and the City Engineer
An all weather, unobstructed access road suitable for emergency service vehicles shall be
provided and maintained during construction. When in the opinion of the Fire Chief, the
PC RESO NO. 4186 -24- 30
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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.
106. All required water mains, fire hydrants and appurtenances shall be operational before
combustible building materials are located on the construction site.
107. Prior to final inspection, all security gate systems controlling vehicular access shall be
equipped with a “Knox”, key-operated emergency entry device. Applicant shall contact
the Fire Prevention Bureau for specifications and approvals prior to installation.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 15th day of October 1997, by the
following vote, to wit: .
AYES: Chairperson Nielsen, Commissioner Compas, Heineman and
Noble
NOES: None
ABSENT: Commissioner Monroy, Savary and Welshons
1.‘:
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMILtiR
Planning Director
PC RESO NO.‘4186 -25-
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PLANNING COMMISSION RESOLUTION NO. 4187
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF PLANNED UNIT DEVELOPMENT PUD 97-l 1
ON PROPERTY GENERALLY LOCATED SOUTH OF
PALOMAR AIRPORT ROAD, EAST AND WEST OF FUTURE
AVIARA PARKWAY, AND NORTH OF FUTURE
POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT
ZONE 20.
CASE NAME: MARIANO
CASE NO.: PUD 97-l 1
WHEREAS, PacWest Group, Inc., “Developer”, has filed a verified application
with the City of Carlsbad regarding property owned by PacWest, Ltd., “Owner”, described as
Being a portion of the land designated as “Description 4, 76.89
acres” as shown and delineated on record of survey map no.
5715, filed in the office of the County Recorder of San Diego
County, December 19,1960, also being a portion of Lot “G” of
the Ranch0 Agua Hedionda, in the City of Carlsbad, County of
San Diego, State of California, according to map thereof No.
823, filed in the office of the County Recorder of said San
Diego County, November 16,1896.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Planned Unit
Development as shown on Exhibit(s) “A” - “AAA” dated October 15, 1997, on file in the
Planning Department, PUD 97-11 - Mariano, as provided by Chapter 21.45 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of October 1997,
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 persons desiring to be heard, said Commission considered all factors
relating to the Planned Unit Development.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
W That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of Planned Unit Development PUD 97-11,
based on the following findings and subject to the following conditions:
Findings:
1. All findings contained in Planning Commission Resolutions No. 4186,4188,4189
and 4190 shall apply as findings of this permit and are incorporated herein by
reference.
2. That the granting of this permit will not adversely affect and will be consistent with
Chapter 21.45 of Title 21, the General Plan, applicable specific plans, master plans, and
all adopted plans of the City and other governmental agencies, in that the project is
consistent with the General Plan, Zone 20 Specific Plan, and Mello II segment of
Carlsbad’s Local Coastal Program;
3. That the proposed use at the particular location is necessary and desirable to provide a
service or facility which will contribute to the long-term general well-being of the
neighborhood and the community, in that the small lot single family subdivision and
27 unit affordable apartment project will: a) add to Carlsbad’s housing stock
thereby providing housing for all income ranges; b) result in the construction of the
final segment of Aviara Parkway, a major north-south circulation arterial roadway;
and c) result in the preservation of 8.3 acres of open space and the construction of
Citywide Trail Segment No. 30.
4. That such use will not be detrimental. to the health, safety, or general welfare of persons
residing or working in the vicinity, or injurious to property or improvements in the
vicinity, in that: a) all necessary mitigation of adverse environmental impacts are
either incorporated into the project or imposed as conditions of approval; b) the
project is conditioned to construct all necessary public improvements; and c) the
project is consistent with all applicable City design and development standards.
5. That the proposed Planned Development meets all of the minimum development
standards set forth in Chapter 21.45.090, the design criteria set forth in Section 21.45.080,
and has been designed in accordance with the concepts contained in the Design
Guidelines Manual, in that: 1) the project is consistent with Planned Development
standards for building height, setbacks, private and common recreational open
space, recreational vehicle parking, and guest parking; 2) the design is compatible
with surrounding land uses and circulation patterns through its connection with
adjacent single family developments and provides for adequate usable open space
that is readily accessible to residents; and 3) the units are consistent with the small
PC RESO NO. 4187 -2- 33
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lot architectural guidelines (Council Policy #44).
6. That the proposed project is designed to be sensitive to and blend in with the natural
topography of the site, and maintains and enhances significant natural resources on the
site, in that the grading design preserves the major north-south ridgeline and is
consistent to the greatest extent possible with the natural topography which rises
from the west and east to the ridgeline.
7. That the proposed project’s design and density of the developed portion of the site is
compatible with surrounding development and does not create a disharmonious or
disruptive element to the neighborhood, in that: a) the overall project density is
consistent with the RM and RLM General Plan Land Use Designations which are
also the densities allowed in the surrounding area; and b) the single family units are
compatible with units approved in the adjacent subdivisions and the small scale
multi-family units on Lot 5 are consistent with both the surrounding single family
units and the Laurel Tree Affordable Apartment project approved to the north.
8. That the project’s circulation system is designed to be effkient and well integrated with
the project and does not dominate the project, in that the project is designed with
curvilinear local public streets which provide access to the units, provide continuous
circulation from adjacent projects and intersect with Aviara Parkway, and follow
the hillside topography.
Conditions:
1. The Planning Commission does hereby RECOMMEND APPROVAL of the Planned
Unit Development for the project entitled PUD 97-11 - Mariano (Exhibit(s) “A” -
“AAA” dated October 15,1997, on file in the Planning Department and incorporated by
this reference, subject to the conditions herein set forth.) Staff is authorized and directed
to make, or require Developer to make, all corrections and modifications to the Planned
Unit Development document(s), as necessary, to make them internally consistent and in
conformity with final action on the project. Development shall occur substantially as
shown in the approved Exhibits. Any proposed development substantially different from
this approval, shall require an amendment to this approval.
2. Approval of PUD 97-11 is granted subject to the approval of CT 97-14, SDP 97-16,
HDP 97-13 and CDP 97-34. PUD 97-11 is subject to all conditions contained in
Resolutions No. 4186,4188,4189 and 4190 for CT 97-14, SDP 97-16, HDP 97-13, and
CDP 97-34.
. . .
. . .
PC RESO NO. 4187 -3- 34
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PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 15th day of October 1997, by the
following vote, to wit:
AYES: Chairperson Nielsen, Commissioner Compaq Heineman and
Noble
NOES: None
ABSENT: Commissioner Monroy, Savary and Welshons
ABSTAIN: None
ROBERT NIELSEN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HOLZMIL&R
Planning Director
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PLANNING COMMISSION RESOLUTION NO. 4189
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF HILLSIDE DEVELOPMENT PERMIT AND
EXCLUSIONS FROM THE APPLICATION OF THE HILLSIDE
ORDINANCE TO ALLOW GRADING ON 53.7 ACRES TO
ACCOMMODATE 157 LOTS ON PROPERTY GENERALLY
LOCATED SOUTH OF PALOMAR AIRPORT ROAD, EAST
AND WEST OF FUTURE AVIARA PARKWAY, AND NORTH, ,
OF FUTURE POINSETTIA LANE IN LOCAL FACILITIES
MANAGEMENT ZONE 20.
CASE NAME: MARIANO
CASE NO: HDP 97-13
WHEREAS, PacWest Group, Inc., “Developer”, has filed a verified application
with the City of Carlsbad regarding property owned by PacWest, Ltd., “Owner”, described as
Being a portion of the land designated as “Description 4, 76.89
acres” as shown and delineated on record of survey map no.
5715, tiled in the offke of the County Recorder of San Diego
County, December 19,1960, also being a portion of Lot “G” of
the Ranch0 Agua Hedionda, in the City of Carlsbad, County of
San Diego, State of California, according to map thereof No.
823, tiled in the office of the County Recorder of said San
Diego County, November 16,1896.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Hillside
Development Permit as shown on Exhibit(s) “A” - “AAA” dated October 15, 1997, on file in
the Planning Department, CT 97-14 - MARIANO, as provided by Chapter 21.95 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did on the 15th day of October 1997,
consider said request; and
WHEREAS, at said 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 Hillside Development Permit;
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
W That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of Hillside Development Permit, HDP 97-13
based on the following findings and subject to the following conditions:
FindinTs:
1. That hillside conditions have been properly identified on the constraints map which show
existing and proposed conditions and slope percentages;
2. That undevelopable areas of the project, i.e. slopes over 40%, have been properly
identified on the constraints map;
3. That the development proposal is consistent with the intent, purpose, and requirements of
the Hillside Ordinance, Chapter 21.95, in that onsite project grading, which is terraced
from west to east consistent with existing topography, retains to the greatest extent
possible a central ridgeline west of Aviara Parkway. Grading volumes of 8,805
cy/acre are within the potentially acceptable range, and in accordance with
permitted exclusions to the development and design standards, the site requires
extensive grading including 25% dual criterion slopes and 40% slopes to
accommodate a circulation element roadway requiring that manufactured cut and
fill slopes will exceed 30 feet and rise to a total height of 65 - 70 feet (separated at
mid-point by a drainage bench and swale) at one location. All cut and fill slopes will
be visually screened with landscaping. The project is consistent with hillside
architectural guidelines in that sufficient setbacks from adjoining downhill slopes
will be provided, dominant .roof and hillside slopes are parallel, exterior materials
and colors are consistent with the natural landscape, and walls/fences located at the
top of slopes will follow the hillside contour, be consistent in color with the hillside
landscape, and be in scale and proportion to the hillside landform.
4. That the proposed development or grading will occur in the undevelopable portions of the
site, i.e. disturbance to 25% slopes containing coastal sage scrub habitat and 40%+
slopes, in conflict with provisions of Section 21.95.060(a) and 21.53.230 of the
Carlsbad Municipal Code (CMC), that the site requires extensive grading to
accommodate a circulation-element roadway, and that the site has unusual geotechnical
or soil conditions that necessitate corrective work that may require significant amounts of
grading, in that the project contains unusual soils requiring remedial grading of
25%+ slopes and is conditioned to construct the only remaining segment of Aviara
Parkway, a north-south circulation element roadway which bisects the central
portion of the site. There is no feasible alternative to the vertical and horizontal
roadway alignments in that the roadway design has been set by previous project
PC RESO NO. 4189 -2- .3 7
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approvals, and the roadway currently terminates at the northern and southern
boundaries of the project. Therefore, pursuant to Section 21.95.090 of the CMC, the
project may be excluded from the Hillside Ordinance development and design
standards.
5. That the project design substantially conforms to the intent of the concepts illustrated in
; the Hillside Development Guidelines Manual, in that roof lines along the ridgeline are
parallel with hillside slopes, one and two story buildings are set back from top of
slope a minimum of 15 feet with 10 - 20 feet of separation between structures, and
the project is designed with curvilinear local streets, that follow contours and
provide access to terraced lots.
6. That the project design and lot configuration minimizes disturbance of hillside lands, in
that the length and height of cut and fill slopes are limited and designed to avoid
straight, flat faces to the greatest extent possible and adequate landscape screening
of slopes is provided. View preservation and enhancement is ensured through
landscaping of manufactured slopes and conformance with architectural guidelines.
Conditions:
1.
2.
. . .
. . .
. . .
. . .
. . .
. . .
The Planning Commission does hereby RECOMMEND APPROVAL of the Planned
Unit Development for the project entitled PUD 97-11 - Mariano (Exhibit(s) “A” -
“A&I” dated October 15,1997, on file in the Planning Department and incorporated by
this reference, subject to the conditions herein set forth.) Staff is authorized and directed
to make, or require Developer to make, all corrections and modifications to the Planned
Unit Development document(s), as necessary, to make them internally consistent and in
conformity with final action on the project. Development shall occur substantially as
shown in the approved Exhibits. Any proposed development substantially different from
this approval, shall require an amendment to this approval.
Approval of HDP 97-13 is granted subject to the approval of CT 97-14, PUD 97-11,
SDP 97-16, and CDP 97-34. HDP 97-13 is subject to all conditions contained in
Resolutions No. 4186,4187,4188, and 4190 for CT 97-14, PUD 97-11, SDP 97-16, and
CDP 97-34.
PC RESO NO. 4189 -3-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 15th day of October 1997, by the
following vote, to wit:
AYES: Chairperson Nielsen, Commissioner Compas, Heineman and
Noble
NOES: None
ABSENT: Commissioner Monroy, Savary and Welshons
ABSTAIN: None
7
ROBERT NIELSEN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RESO NO. 4189 -4- 39
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PLANNING COMMISSION RESOLUTION NO. 4190
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A COASTAL DEVELOPMENT PERMIT TO
SUBDIVIDE, GRADE, AND CONSTRUCT RESIDENCES ON
53.7 ACRES INTO 157 LOTS ON PROPERTY GENERALLY
LOCATED SOUTH OF PALOMAR AIRPORT ROAD, EAST
AND WEST OF FUTURE AVIARA PARKWAY, AND NORTH
OF FUTURE POINSETTIA LANE IN LOCAL FACILITIES
MANAGEMENT ZONE 20.
CASE NAME: MARIANO
CASE NO.: CDP 97-34
WHEREAS, WHEREAS, PacWest Group, Inc., “Developer”, has filed a verified application
with the City of Carlsbad regarding property owned by PacWest, Ltd., “Owner”, described as
Being a portion of the land designated as “Description 4, 76.89
acres” as shown and delineated on record of survey map no.
5715, filed in the office of the County Recorder of San Diego
County, December 19,1960, also being a portion of Lot “G” of
the Ranch0 Agua Hedionda, in the City of Carlsbad, County of
San Diego, State of California, according to map thereof No.
823, filed in the office of the County Recorder of said San
Diego County, November 16,1896.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibit(s) “A” - “A&4” dated October 15, 1997, on file in
the Planning Department, CDP 97-34 - MARIANO, as provided by Chapter 2 1.20 1.040 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 15th day of October 1997,
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 CDP 97-34.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the.City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of Coastal Development Permit CDP 97-34,
based on the following findings and subject to the following conditions:
Findinps:
1. That the proposed development is in conformance with the Certified Local Coastal Program
and all applicable policies and the Mello II Segment Coastal Resource Protection Overlay
Zone requiring the protection of steep slopes and adequate drainage facilities. The site
consists of 4 acres of coastal deed restricted 25%+ slopes containing coastal sage within
the SDG&E easement and within and adjacent to the proposed alignment of Aviara
Parkway. Consistent with this policy, the .6 acres within the SDG&E easement will be
preserved, however, the remaining 3.4 acres will be disturbed due to grading required
for a circulation element roadway and thinning and pruning necessitated by fire
suppression zones to accommodate single family lots located at the ridgeline above the
roadway.
The project will disturb approximately 10.22 acres of 25%+ slopes (19% of site). A
geotechnical analysis, prepared for the project by Geotechnical Exploration, Inc.,
concluded that the slope areas to be disturbed would be stable provided their
recommendations are implemented and any corrective grading necessary for the
project is completed. Grading of the 25%+ slopes is essential to the design of the
project in that slope areas located in the southern half of the site between the SDG&E
easement and proposed Aviara Parkway alignment require corrective grading due to
previous disturbance that has resulted in severe erosion. Due to the fixed vertical
alignment of the proposed roadway which is approximately 25 - 35 feet above existing
grade, the grading design also requires fill of a ravine containing 25%+ slopes located
between the SDG&E easement and roadway to create building pads. The site is not
predominated by steep slopes, and slopes proposed for disturbance are east and west
facing and not required to be preserved.
The project is consistent with hydrology standards of the Mello II segment of
Carlsbad’s LCP requiring the drainage system to be designed to ensure that runoff
resulting from a 10 year frequency storm of 6 hours and 24 hours duration under
developed conditions are less than or equal to the runoff from a storm of the same
frequency and duration under existing developed conditions. A permanent detention
facility is being provided to mitigate any storm runoff impacts, and drainage from the
project will be routed through storm drains beneath Aviara Parkway and under
Cobblestone Road where it will flow into Encinas Creek through the Laurel Tree
project to the north. The project will provide adequate drainage, siltation and erosion
control facilities as part of the approved grading permit, and the grading operation will
PC RESO NO:4190 -2- 4
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be limited to the summer construction season, April 1 to October 1.
2. The project is subject to and consistent with the Mello II LCP Segment Agricultural
Overlay Zone in that it is required to offset the conversion of non-prime agricultural
land to urban land uses through the payment of an agricultural mitigation fee and all
sedimentation, erosion, and drainage measures were previously approved through the
issuance of a Coastal Development Permit for CT 95-05 by the California Coastal
Commission.
Conditions:
1.
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. . .
. . .
. . .
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1..
The Planning Commission does hereby RECOMMEND APPROVAL of the Coastal
Development Permit for the project entitled CDP 97-34 - MARIANO (Exhibit(s) “A” -
“AAA ” on file in the Planning Department and incorporated by this reference, subject to
the conditions herein set forth.) Staff is authorized and directed to make, or require
Developer to make, all corrections and modifications to the exhibits/document(s), as
necessary, to make them internally consistent and in conformity with final action on the
project. Development shall occur substantially as shown in the approved Exhibits. Any
proposed development substantially different from this approval, shall require an
amendment to this approval.
Approval of CDP 97-34 is granted subject to the approval of CT 97-14, PUD 97-11,
SDP 97-16, and HDP 97-13. CDP 97-34 is subject to all conditions contained in
Resolutions No. 4186,4187,4188, and 4189 for CT 97-14, PUD 97-11, SDP 97-16 and
HDP 97-13.
All grading operations shall be limited to the period from April 1 to October 1 of
each year. All areas disturbed by grading shall be planted within 60 days of the
initial disturbance and prior to October 1 with temporary or permanent (in thk case
of finished slopes) erosion control methods.
PC RESO NO. 4190 -3-
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 15th day of October 1997, by the
following vote, to wit:
AYES: Chairperson Nielsen, Commissioner Compas, Heineman and
Noble
NOES: None
ABSENT: Commissioner Monroy, Savary and Welshons
ABSTAIN: None
I
ROBERT NIELSEN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HzZMILkkR
Planning Director
.
PC RESO NO. 4190 -4-
- EXHIBIT ‘me City of CARLSBAD Planning Department &ii - A REPORT TO THE PLANNING COMMISSION
Item No. 5 0
Application complete date: August 20, 1997
P.C. AGENDA OF: October 15, 1997 Project Planner: Anne Hysong
Project Engineer: Mike Shirey
SUBJECT: CT 97-14h’UD 97-ll/SDP 97-16/HDP 97-13/GDP 97-34 ‘- MARIANO -
Request for approval of a Site Development Plan and recommendation of
approval for a Tentative Map, Planned Development Permit, Hillside
Development Permit, and Coastal Development Permit to: (1) subdivide the
property into 150 single-family lots, one multi-family lot, 2 recreation lots, 1 RV
lot, and 2 open space lots; and (2) construct 27 one, two, and three bedroom
affordable apartment units; all on property generally located east and west of
future Aviara Parkway, north of future Poinsettia Lane, and south of Palomar
Airport Road, within the Zone 20 Specific Plan (SP-203) and Local Facilities
Management Zone 20.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 4188
APPROVING SDP 97-16 and ADOPT Planning Commission Resolutions No. 4186, 4187,
4 189 and 4190 RECOMMENDING APPROVAL of CT 97-14, PUD 97-l 1, HDP 97-l 3, and
CDP 97-34 based on the findings and subject to the conditions contained therein.
II. INTRODUCTION
The applicant is requesting approval of various permits to subdivide the 53.7 acre parcel into a
total of 157 lots including 150 small single-family lots, 1 multi-family lot with a 27 unit
affordable apartment project, and two open space lots. Architectural elevations and floor plans
are provided for both the single family homes and affordable apartment units. As designed and
conditioned, the project is consistent with the General Plan, Zone 20 Specific Plan (SP-203),
Mello II LCP, Subdivision Ordinance, and the relevant Zoning Chapters of the Carlsbad
Municipal Code.
III. PROJECT DESCRIPTION AND BACKGROUND
The Mariano project is located within the boundaries of Area A of the Zone 20 Specific Plan and
also within the Mello II segment of Carlsbad’s Local Coastal Program (LCP). The site has the
following dual General Plan designation allowing a maximum of 185 units: 17.2 acres of RM
allowing residential medium density (4-8 dwelling units/acre) and 36.5 acres of RLM allowing
residential low-medium density (0 - 4 dwelling units/acre) development. The project consists of
a total of 177 units (150 single family homes on small lots and 27 affordable apartment units)
resulting in a density of 4.16 du/acre in the RM area and 4.11 du/acre in the RLM portion of the
site. The combined project density of 4.13 dwelling units per acre is below the 6 du/acre density
CT 97-14/PUD 97-l I/SUP Y /-lG/I-IDP 97-13KDP 97-34 - m&c,
, October 15,1997
Page 2
permitted by the RM land use designation and above the dwelling units per acre permitted by the
RLM designation The Zone 20 Specific Plan permits density transfers from one area to another
to enable the provision of affordable housing units as long as the overall density does not exceed
that allowed by the General Plan.
The site also contains dual zoning designations of Residential Density Multiple with the
Qualified Overlay (RDM-Q) and One Family Residential/lO,OOO square foot minimum lot size
(R-l -1 O-Q) with the Qualified Overlay. Due to the preservation of open space onsite and the
alignment of Aviara Parkway, a major circulation arterial, through the central portion of the site,
a Planned Development Permit application is proposed to cluster development within the
remaining developable area and to allow lot sizes less than 10,000 square feet. Proposed single
family lot sizes range in size from 5,050 square feet to 23,110 square feet and units range in size
from 1,850 square feet to 2,912 square feet. The Qualified Overlay Zone requires the approval of
a site development plan to ensure that site design and architecture is consistent with all
applicable development and design regulations. Since the project’s inclusionaty housing
requirement is proposed onsite, the site development plan request also includes a 27 ‘unit
apartment project to ensure consistency with Chapters 21.53 and 21.85 of the Zoning Ordinance
which regulate affordable housing projects. The proposed affordable apartment project consists
of three separate structures on a 2 acre lot (Lot 5) with one containing eight 995 square foot two
bedroom units and the other two buildings containing eight 550 - 635 square foot one bedroom
units and three 1,025 square foot three bedroom units.
’
The project site is located within the boundaries of Specific Plan 203 which covers the 640 acre
Zone 20 Planning Area. Specific Plan 203 was approved by the Planning Commission and City
Council in 1993. The proposed planned development/subdivision would include 150 small
single family lots, one multi-family lot, two open space lots, two recreation lots, one RV lot, and
one private access lot to Sudan Interior Mission. In accordance with the provisions of the Zone
20 Specific Plan and Environmental Impact Report (EIR 90-03), approximately 8.3 acres of open
space will be preserved within and surrounding the 150’ wide SDG&E easement (Lots 6 and
155) which bisects the property from north to south. The open space would include a 12’ wide
asphalt trail that would also function as an access road for SDG&E vehicles. The proposed
alignment of Aviara Parkway (an 102’ wide circulation arterial roadway), which would bisect the
central portion of the site, is the only remaining unimproved segment of that north-south
roadway between Poinsettia Lane and Palomar Airport Road. Additional Specific Plan open
space would be provided along each side of Aviara Parkway through the provision of 50’ wide
landscaped setbacks.
The site consists of 53.7 acres of vacant, previously cultivated land which is surrounded by
Cobblestone Road and the Sudan Interior Mission to the north, the Emerald Ridge East
subdivision to the west, the Sambi Seaside Heights subdivision to the south, and the Cobblestone
subdivision to the east. The parcel rises approximately 80 to 100 from both the west and east to
a ridge line that is approximately 280 feet in elevation within the western half of the site. The
majority of the site consists of hillside topography with 25% or less gradient. Steeper slopes
(25%+) exist within the eastern half of the site along both sides of the proposed Aviara Parkway
alignment and to the west of the SDG&E easement. The site conditions described above require
compliance with the Hillside Development Ordinance development standards and design
guidelines regulating grading and architecture. The proposed grading design consists of cut and
e-
CT 97-14/PUD 97-l l/S&’ Y I-16IHDP 97-13/GDP 97-34 - MAR&W
, October 15,1997
Page 3
fill to create hillside lots which generally follow the existing topography, i.e., rising in elevation
from west to the ridge line, fill to elevate the roadway to enable its connection to the existing
road grades at the northern and southern property boundaries, and cut and fill within the eastern
half of the site to create building pads between the roadway and SDG&E easement.
Vehicular access to the site will be provided from the south by Aviara Parkway and PlumTree
Road through the Sambi Seaside Heights (Kaufman & Broad) subdivision and from the north by
Aviara Parkway.
The proposed project is subject to the following adopted land use plans and regulations:
A. General Plan with RM and RLM Land Use Designations;
B. Specific Plan 203;
C. Mello II Segment of the Local Coastal Program (LCP);.
D. Carlsbad Municipal Code, Title 2 1 (Zoning Ordinance), including:
1.
2.
3.
4.
5.
Chapter 2 1.45 - Planned Development Ordinance;
Chapter 2 1 .O6 - Qualified Development Overlay Zone;
Chapter 2 1.85 - Inclusionary Housing, and Section 21.53.120 Affordable Housing
Multi Family Residential;
Chapter 21.95 - Hillside Development Regulations;
Chapters 21.201, 21.202, and 21.203 - Coastal Development Permit Procedures,
Coastal Resource Protection Overlay Zone, and Coastal Agriculture Overlay
Zone.
E. Carlsbad Municipal Code, Title 20 (Subdivision Ordinance);
F. Habitat Management Plan (in process);
G. Growth Management Ordinance, (Zone 20 Local Facilities Management Plan); and
H. Environmental Protection Procedures (Title 19) and the California Environmental Quality
Act (CEQA).
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 the regulations/policies utilizing both text and tables.
CT 97-14/PUD 97-1 l/Su~‘ 7/-16/HDP 97-13/CDP 97-34 - MAItrihi,
October 15, 1997
A. General Plan
The proposed project is consistent with the policies and programs of the General Plan.
The table below indicates how the project complies with the Elements of the General Plan
which are particularly relevant to this proposal.
GP
ELEMENT
Land Use
Housing
Open Space
Circulation
Noise
Park & Rec
Public Safety
a) Proposed residential density of 4.16 duhet acre in the RM GP designation is
within the RM density range of 4-8 duhet acre and below the growth control
point of 6 duhet acre
b) Proposed residential density of 4.1 1 du/acre in the RLM GP designation is
above the RLM density range of 0-4 duhet acre and the growth control point
of 3.2 duhet acre. The additional density is due to a 27 unit affordable
housing project. and the General Plan allows density increases above the
maximum residential densities permitted by the growth control point to enable
development of low income housing which is compatible with adjacent land
uses and in close proximity to a major roadway. The small apartment project,
located adjacent to Aviara Parkway and consisting of three separate buildings,
is consistent in scale and compatible with surrounding single and multi-family
development.
~____
Project includes a 27 unit affordable apartment complex to satisfy its 15%
inclusionary housing requirement.
8.3 acres of open space within and adjacent to the SDG&E easement and 50’ wide
landscaped setbacks along Aviara Parkway.
City Wide Trail Link No. 30 to be aligned through the SDG&E easement.
~~ ~
Required roadway and intersection improvement in accordance with City standards
of Aviara Parkway and local public streets through the subdivision as shown on the
tentative map and included as conditions of approval.
~
1. Exterior traffic noise levels do not exceed 60 dBA CNEL;
2. Mitigation of interior noise levels to 45 dBA;
3. Residential land use is conditionally compatible with land uses designated
within the 60-65 dBA CNEL noise contours of the airport land use plan
(CLUP).
Proposed project is required to pay Park-in-lieu fees.
____~
Proposed project is required to provide sidewalks, street lights, and fire hydrants. as
shown on the tentative map, or included as conditions of approval.
CT 97-14/PUD 97-l l/S,? Y I-16IHDP 97-13/GDP 97-34 - MAh&W
. October 15, 1997
B. Zone 20 Specific Plan (SP 203)
The Zone 20 Specific Plan requires project compliance with all applicable land use plans,
policies, and ordinances, except as modified by the Specific Plan. The following
discussion describes the proposed project’s conformance with the relevant Specific Plan
regulations which include Affordable Housing, Land Use (General Plan, Zoning,
Development Standards, and the Mello II LCP), and Open Space Preservation.
Affordable Housing
The Zone 20 Specific Plan requires consistency with the City’s Inclusionary Housing
Ordinance (Chapter 21.85), requiring that 15% of the total number of proposed units are
made affordable to low income households. When feasible and compatible with
surrounding land uses, the affordable units are required to be constructed onsite. In
accordance with the Specific Plan, density transfers are permitted to enable the higher
densities necessary for affordable projects thereby avoiding the need for Zone 20 projects
to request density increase incentives to offset the cost of affordable housing. Prior to
permitting density transfers allowing higher densities within the area proposed for the
affordable housing (receptor site), the Planning Commission and City Council must make
findings that the Growth Management southwest dwelling unit cap is not exceeded, the
affordable project is consistent with the Zone 20 LFMP ensuring that all necessary public
facilities will be constructed, locational criteria for higher density projects are satisfied,
and the affordable project is compatible with surrounding development.
The project’s 15% inclusionary requirement is 26.5 dwelling units. The proposed project
is consistent with the Zone 20 Specific Plan Affordable Housing requirements since it
includes a request for approval of a site development plan for 27 one, two, and three
bedroom affordable apartment units to be located onsite (Lot 5) at the southeast corner of
proposed Aviara Parkway and Cobblestone Road to satisfy this requirement. The
location of affordable units within the portion of the site designated for low-medium
density (RLM) results in a density of 106 units while the General Plan permits 82.59
units. The additional density requires a density transfer of 23.41 units from the portion of
the site designated for medium (RM) density. Consistent with the Zone 20 Specific Plan
affordable housing requirements, since the density is 31.48 units below the maximum
allowed within the RM designated area, the transfer of 23.41 units would:
1) result in an overall project density that is below that allowed by the General Plan
for both General Plan designated areas;
2) the affordable project would not alter the Zone 20 projected demand for public
facilities which the project would be conditioned to construct or satisfy;
3) the project is consistent with locational criteria for higher density affordable
projects in that it is located in proximity to both Aviara Parkway, a major
circulation arterial roadway providing public transportation, and surrounding
employment centers; and
4) the project is compatible with surrounding development in that the proposed
48
CT 97-14/PUD 97-1 l/S ,’ / /- 16/HDP 97-13/GDP 97-34 - MAI.-Ail\ c)
Ociober 15, 1997
apartment buildings are consistent with the Laurel Tree affordable project
approved directly to the north, small in scale and similar in architecture and
materials to proposed single family development, and the project would provide
onsite parking and recreational facilities to adequately serve the project and is
designed with landscaped slopes and setbacks to buffer and screen the project
from surrounding single family lots.
Land Use
The project is located within Area A of the Specific Plan. The project site is designated
for medium and low medium density residential development to be implemented by the
One Family Residential and Qualified Overlay Zones (R-1-10-Q) which allow single
family development. The Qualified Overlay zone requires approval of a site development
plan, which includes architectural elevations, floor plans, and building footprints. Since a
small lot single family subdivision is proposed, the Zone 20 Specific Plan development
regulations require compliance with the Planned Development Ordinance, Chapter 2 1.45
of the Carlsbad Municipal Code, as well as Specific Plan architectural design criteria and
landscape guidelines for major arterials, slopes and project entries. As shown on the
zoning compliance table under section D below, the proposed small lot single family
project is consistent with Planned Development Ordinance development and design
standards. The proposed placement of structures and architecture are consistent with
Zone 20 Specific Plan architectural guidelines as specified in the following table:
~MPLIANCE
10% of ridgeline units shall be one 35% of structures located west of Aviara Parkway along
story the ridgeline will be single story
Variety of roof, wall, and accent Four exterior color schemes for wall, trim, and accent
materials/colors; which will blend into the natural hillside landscape
Variety of one and two story Four floor plans: 1 single story and 3 two-story (30%
structures proposed as single story)
Variety of building architectural Three front facade treatments for each of the four floor
accent features plans/variety of wood colored flat tile roof colors
Variety of Roof Heights and Combination of one and two story roof elements with
Masses combination of hip and gable roofs
Window and Door Enhancement Recessed, arched, and paned windows on all elevations
Variety of garage designs, facades, Combination of two and three car garages
and orientations
Articulated building forms Recessed entries, doors, windows, and balconies;
popouts, multiple building planes along front elevations;
multi-level roofs; one and two story exterior elements
CT 97-14/PUD 97-l l/Stir’ Y /-16/HDP 97-13/GDP 97-34 - MAk&L,
, October 15, 1997
Page 7
As shown on Exhibits “MM” - “AAA”, the conceptual landscape design for project
slopes along the Aviara Parkway corridor and internal slopes is consistent with the Zone
20 Specific Plan and the City’s Landscape Design Manual.
Onen Snace Preservation
The project is consistent with the Open Space provisions of the Zone 20 Specific Plan in
that Lots 6 and 155 would be preserved in open space; slopes exceeding 40% will be
disturbed due to grading necessary for the construction of Aviara Parkway, a circulation
arterial roadway; mitigation measures that establish a physical barrier between residential
and agricultural uses would be provided; Citywide Trail Link No. 30 through the SDG&E
easement would be dedicated, and 200 square feet per unit of recreation area would be
provided.
Mello II Local Coastal Program - See the discussion under item C below.
C. Mello II Local Coastal Program
The project is located within and subject to the Mello II Local Coastal Program segment
and is designated for residential low medium (RLM) and medium (RM) density land use
and R-l -1 O-Q and RDM-Q zoning.
Development Regulations
The project is consistent with Mello II LCP policies requiring the preservation of steep
slopes (25%+) possessing chaparral and coastal sage plant communities (“dual criterion”
slopes) except that the policy does not apply to projects required to construct circulation
arterial roadways. The site consists of 4 acres of coastal deed restricted 25%+ slopes
containing coastal sage within the SDG&E easement and within and adjacent to the
proposed alignment of Aviara Parkway. The, .6 acres within the SDG&E easement will
be preserved, however, the remaining 3.4 acres will be disturbed due to grading required
for the roadway and thinning and pruning necessitated by fire suppression zones to
accommodate single family lots located at the ridgeline above the roadway.
Mello II policies also provide for the preservation of all 25% slopes unless specific
findings can be made. The project will disturb other 25% slopes and the following
required Mello II Policy 4-3 findings can be made to allow disturbance to these slopes:
1. the findings of a soils investigation determine that the slopes areas are stable and
any corrective grading necessary for the project will be completed;
2. grading is essential to the development design and intent;
3. slope disturbance will not result in substantial damage or alteration to major
wildlife habitat or native vegetation areas;
SO
C
CT 97-14/PUD 97-l l/S-.1’ 7 /-16/HDP 97-13KDP 97-34 - MAkAilr L,
October 15, 1997
4. if the area proposed to be disturbed is predominated by steep slopes, no more than
one third of the area of parcels exceeding 10 acres shall be subject to major grade
changes; and
5. north facing slopes shall be preserved.
The above findings can be made for the project which contains approximately 10.22 acres
of 25%+ slopes (19% of site). A geotechnical analysis, prepared for the project by
Geotechnical Exploration, Inc., concluded that the slope areas to be disturbed would be
stable provided their recommendations are implemented and any corrective grading
necessary for the project is completed. Grading of the 25%+ slopes is essential to the
design of the project in that slope areas located in the southern half of the site between the
SDG&E easement and proposed Aviara Parkway alignment require corrective grading
due to previous disturbance that has resulted in severe erosion. Corrective stabilization of
these slopes with appropriate drainage and planting provisions is required. The project
will be conditioned to comply with the recommendations of this report thereby ensuring
stable earth conditions for the life of the project. Due to the fixed vertical alignment of
the proposed roadway which is approximately 25 - 35 feet above existing grade, the
grading design also requires fill of the ravine containing 25%+ slopes located between the
SDG&E easement and roadway to create building pads. The site is not predominated by
steep slopes, and slopes proposed for disturbance are east and west facing and not
required to be preserved.
Hydrology standards of the Mello II segment of Carlsbad’s LCP require the drainage
system to be designed to ensure that runoff resulting from a 10 year frequency storm of 6
hours, and 24 hours duration under developed conditions, are less than or equal to the
runoff from a storm of the same frequency and duration under existing developed
conditions. A permanent detention facility is being required as a condition of approval
for the project to mitigate any storm runoff impacts. Drainage from the project will be
routed through storm drains beneath Aviara Parkway and under Cobblestone Road where
it will flow into Encinas Creek through the Laurel Tree project to the north. The project
will be conditioned to provide adequate drainage, siltation and erosion control facilities as
part of the approved grading permit, and the grading operation will be limited to the
summer construction season, April 1 to October 1.
The project contains vacant non-prime agricultural land and is located in the Coastal
Agricultural Overlay Zone (Site II). The Mello II LCP requires mitigation when non-
prime coastal agricultural land is converted to urban land uses. In accordance with the
provisions of the Zone 20 Specific Plan and Program EIR, the project would be
conditioned to comply with Option 2 which permits the payment of an “Agricultural
Conversion Mitigation Fee” to the California Coastal Conservancy.
CT 97-14/PUD 97-1 lh-2 7 /-lG/HDP 97-13/CDP 97-34 - MAkLLAi\d
October 15, 1997
40 spaces
3,000 sq. fi.
D. ZONING ORDINANCE
40 spaces
3,840 sq. ft.
1. Chapter 2 1.45 - Planned Development Ordinance
The developer is proposing a small lot single family subdivision requiring compliance with the
Planned Development Ordinance except for Lot 5 which is proposed for 27 affordable apartment
units requiring compliance with Zoning Ordinance Chapters 21.53 and 21.85. In accordance
with Planned Development design criteria, the project design is compatible with surrounding
land uses and circulation patterns through its connections with adjacent single family
developments and provides for adequate usable open space that is readily accessible to residents.
In accordance with City Council Policy No. 44, the project exceeds the applicable architectural
guidelines for small lot single family residences in that single story edges are provided when
there are three 2 story units in a row, 57% of the total units provide a single story edge around
40% of the building perimeter, 100% of the units provide 4 separate building planes on the front
elevation and 4 separate building planes on the rear elevation, and both two and three car garage
doors are proposed. The following table summarizes the project’s compliance with the Planned
Development development standards:
It“-“““- Lot Size (Min.)
Setbacks
Major Arterial:
Front Yard
Building Height
Minimum Distance
Between Structures:
(1 0 in a row)
One and two story:
Two story-Two story
Street Widths
Private (no parking):
Public :
(local)
Recreational Space:
(200 sq. ft./unit)
Private Passive I? Resident Parking
3.500 sq. ft. I 5,050 - 23,110
40’
20’
50‘
20’
Max. 30’/2 stories I Max. 28’/2 stories
10’
15‘
20’
10’
15‘
20’
10’
15’
20’
10’
15’
20’
30’
56’ & 60’
30’
56’ & 60’
15’ X 15’ Min. Yard
Children’s Play Area
15’ X 15’ Min. Yard
2 Tot Lots - 11,960 Sq. ft.
2 Covered Spaces/Unit I 2 & 3 Car Garages
CT 97-14/PUD 97-l l/StiP Y /-16/HDP 97-13KDP 97-34 - WAIW
, October 15, 1997
2. Qualified Development Overlay Zone:
The property contains the Q-Overlay Zone which requires the submittal and approval of a
Site Development Plan ensuring that the project would not adversely impact the site or
surrounding uses or areas, including traffic circulation, the site is adequate to
accommodate the proposed project, all the necessary amenities are provided, and the
street system system serving the project is adequate. Since the proposed project is a
Planned Development, the project’s conformance with the Planned ’ Development
Ordinance development standards and design criteria, Zone 20 Specific Plan development
regulations, and Zone 20 EIR mitigation ensure that the required Qualified Overlay
findings are satisfied.
3. Chapter 21.85 Inclusionary Housing, and Chapter 21.53, Site Development Plan:
As specified in the above discussion under B. Zone 20 Specific Plan - Affordable
Housing, the project is subject to the Inclusionary Housing Ordinance requiring that a
minimum of 15% of all approved residential units in any specific plan be restricted to and
affordable to lower income households. Section 21.53.120 of the Zoning Ordinance
requires Planning Commission approval of a site development plan for multi-family
affordable projects of 50 or fewer units based on findings that the project is consistent
with the underlying zoning/specific plan and in conformance with General Plan policies
and goals. (See the above consistency discussions under A. General Plan and B. Specific
Plan - Affordable Housing). The Housing Commission will review the project on
October 9, 1997, and staff will present the Housing Commission’s recommendation
during the public hearing.
The project includes 150 single-family lots with an inclusionary housing requirement of
26.5 dwelling units which must be affordable to lower income households. In addition,
10 percent of those units, or 3 units, must be three-bedroom. The project complies with
the Inclusionary Housing provisions of the Municipal Code (Chapter 21.85) as
demonstrated below:
INCLI
STANDARD
Inclusionaty Requirements(Units/Fees)
Location of Units
Mix of Bedrooms (10% 3 Bedroom)
SIONARY HOUSING
REQUIRED
26.5
PROVIDED
27
Onsite
Three Bedroom - 3
Units
Onsite (Lot 5)
Three Bedroom - 3 Units
One Bedroom - 8 Units
Two Bedroom - 16 Units
Incentives Requested: 1. Density Increase; None None
2. Standards Modifications;
3. Direct Financial
Affordable Housing Agreement Signed agreement
prior to final map
Note: See Density Transfer
discussion under B. Specific Plan -
Affordable Housing above.
Affordable Housing Agreement
required by Condition of
Aonroval*
CT 97-14/PUD 97-1 l/bdP Y 1-1 6/HDP 97-13/CDP 97-34 - MAhAhd
October 15, 1997
* The Affordable Housing Agreement is a legally binding agreement between the developer
and the City which provides the specific details regarding the phasing and implementation
of the affordable housing requirements of this project.
4. Hillside Development Regulations:
The project site contains slopes of 15% or greater and an elevation differential greater
than 15 feet, therefore, a Hillside Development Permit is required. The table below
indicates how the project complies with the requirements of the Hillside Development
Regulations:
11 STANDARD
// Slope Height
Grading Volume ll
Contour Grading
Slope Screening
Slope Setback
Architecture
REQUIRED
30 Feet
8,000 - 10,000 cubic ydslacre -
potentially acceptable
Undevelopable unless
modifications to standards
approved or excluded from
standards
Variety of Slope Direction &
Undulation
Landscaping
Not Quantified - 15 Foot
Recommended
Roofline, Building Bulk & Scale
Follow Contours
POSED
60 - 70 Feet Max.*
8,805 cubic yardslacre**
Modifications to 40% slopes due
to extensive grading to
accommodate Aviara Pkwy and
to correct unusual soils
condition.
Manufactured Slopes have been
contoured to follow the adjacent
road and open space alignments
Combination of trees, shrubs, &
ground cover
Minimum 15 Feet
Roof lines are parallel with hill-
side slopes, one and two story
buildings set back from top of
slope with 10 - 20 feet of
separation
Curvilinear streets that follow
contours and provide access to
terraced lots.
* In accordance with Section 21.95.070 of the Hillside Ordinance, justification is required
for the modification of the 30' maximum manufactured slope height standard. As
proposed, the only manufactured slopes that exceed 30 feet in height are located at the
h
CT 97-14/PUD 97-l l/S,? Y /-16/HDP 97-13KDP 97-34 - %&ti
, October 15, 1997
southwest comer of Aviara Parkway and Cobblestone Road. The total slope height, which
is separated at midpoint by a drainage swale, is approximately 65 - 70 feet at the highest
point. The increased slope height at this location results from previously approved road
alignments and grades for Aviara Parkway and Cobblestone Road and Specific
Plan/Hillside Development Ordinance standards requiring proposed grading to be
compatible with existing hillside topography. Existing topography consists of a major
ridgeline to the west of proposed Aviara Parkway, and the project is designed with the 65
to 70 foot high manufactured slopes to preserve a ridgeline which is approximately 60 -
70 feet above the roadway at the above described location.
** Due to the preservation of significant open space within and adjacent to the SDG&E
corridor, a grading design that is driven by the approved horizontal and vertical alignment
of Aviara Parkway, a circulation arterial roadway, and remedial grading required east of
Aviara Parkway, proposed grading quantities (excluding Aviara Parkway quantities) to
develop the project are increased to the potentially acceptable range. Grading quantities
in the potentially acceptable range are therefore necessary to create terraced, single family
building pads and access streets which follow the natural hillside contour above or below
the roadway. The grading design does not result in increased project density in that the
proposed 177 units are less that the 185 units permitted by the Growth Management
growth control point.
5. Chapters 21.201.140, 21.203, and 21.204. - Coastal Development Permit
Procedures, Coastal Resource Protection Overlay Zone, and Coastal Agriculture
Overlay Zone
Chapter 21.201 requires approval of a coastal development permit for the proposed
development to ensure that the project is consistent with the Mello II Local Coastal
Program policies and conforms to the requirements of the Mello II Coastal Resource
Protection Overlay Zone and Coastal Agricultural Overlay Zone. (See Discussion under
C. Mello II Local Coastal Program above).
E. Subdivision Ordinance
The proposed tentative map complies with all the requirements of the City’s Subdivision
Ordinance, Title 20 of the Carlsbad Municipal Code. Primary access to the property
would be provided by Aviara Parkway, a 102’ wide major circulation arterial, which
currently terminates at the project’s southern boundary. Secondary access is proposed
through the connection of Streets “C” and “E” to Plum Tree Road in the Sambi Seaside
Heights project to the south.
The proposed project is required to provide streets, sidewalks, street lights, and fire
hydrants, as shown on the tentative map, or included as conditions of approval. The local
streets have adequate public right-of-way and connect to Aviara Parkway which is a non-
loaded major circulation arterial. All the local, collector, and major streets within this
area would be constructed by the developer to full public street width standards, and have
curb, gutters, sidewalks, and underground utilities. The proposed street system is
LyLy-
A
CT 97-14/PUD 97-1 l/S:> Y /-16/HDP 97-13/GDP 97-34 - M&AI\(L)
. October 15, 1997
adequate to. handle the project’s pedestrian and vehicular traffic and accommodate
emergency vehicles.
Traffic and sewer access to the adjacent southeast parcel (Roesch) has been investigated.
In accordance with the Final Program EIR for the Zone 20 Specific Plan, this area of the
Roesch property is unable to be developed due to environmental constraints. Therefore,
traffic and sewer access to this parcel from the Mariano project is not required.
To mitigate drainage impacts from the project site, the developer is required to provide
adequate drainage, erosion control, and urban pollutant basins. The drainage requirements
of Specific Plan 203, City ordinances, and Mello II have been considered and appropriate
drainage facilities have been designed and secured. In addition to City Engineering
Standards and compliance with the City’s Master Drainage Plan, National Pollution
Discharge Elimination System (NPDES) standards will be satisfied to prevent any
discharge violations.
The subdivision 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. The project has been designed and structured such that
there are no conflicts with any established easements. In addition, the property is not
subject to a contract entered into pursuant to the Land Conservation Act of 1965
(Williamson Act).
F. Habitat Management Plan (Draft)
The project is not located within any of the Preserve Planning Areas (PPAs) defined by
the City’s draft Habitat Management Plan (HMP) dated July, 1994. Although disturbance
to 3.4 acres of coastal sage scrub (CSS) will result from implementation of the project, it
will not preclude connectivity between PPAs nor preclude the preservation of CSS
habitat. Moreover, this project provides mitigation in the form of off-site preservation at
a 2 to 1 ratio because it will result in the purchase for preservation of 6.8 acres of habitat
in an off-site habitat mitigation bank.
Since completion of a subregional NCCP/HMP has not occurred, prior to the issuance of
a grading permit, the City may have to authorize this project to draw from the City’s 5%
CSS take allowance (4d rule) to ensure that the project does not preclude the City’s draft
HMP. The take of 3.4 acres of CSS habitat must not exceed the 5% allowance and will
not jeopardize the HMP since it is located outside the HMP preserve planning areas
(PPA) and/or linkage planning areas (LPA) and therefore makes no contribution to the
overall preserve system, and will not significantly impact the use of habitat patches as
archipelago or stepping stones to surrounding PPAs. Since mitigation for the habitat loss
will result in the preservation of equal or better habitat in an off-site location, the project
will not appreciably reduce the likelihood of the survival and recovery of the gnatcatcher.
The habitat loss is incidental to otherwise lawful activities. The development of the
Mariano property is a legal development which is consistent with the City’s General Plan
and all required permits will be obtained.
CT 97-14/PUD 97-1 1/Sb1’ Y /-16/HDP 97-13/CDP 97-34 - MALAd
October 15, 1997
DRAINAGE
CIRCULATION
G. Growth Management
Basin No. 3 Yes
1,716 ADT Yes
The proposed project is located within the Zone 20 Local Facilities Management Zone in
the southwest quadrant of the City. The impacts created by this development on public
facilities and compliance with the adopted performance standards are summarized as
follows :
~~~
SCHOOLS
SEWER COLLECTION SYSTEM
PARKS I 1.23 Acres I Yes It
CUSD Yes
177 EDUs Yes
WATER
Yes
FIRE I Station No. 4
OPEN SPACE I 8.3 Acres
38,940 GPD Yes
The project is 8 dwelling units below the Growth Management Dwelling Unit allowance
of 185 dwelling units for the property as permitted by the Growth Management
Ordinance growth control point. Surplus dwelling units that are not used by the
developer are placed into a City bank of excess dwelling units. The City can allocate
these dwelling units for affordable housing or other special housing needs within this
quadrant.
V. ENVIRONMENTAL REVIEW
The direct, indirect, and cumulative environmental impacts from the future development of Zone
20 was analyzed by the Zone 20 Program EIR (EIR 90-03). Additional project level studies have
been conducted including soils investigation and biological, noise and traffic analyses. These
studies provide more focused and detailed project level analyses and indicate that additional
environmental impacts beyond those identified and analyzed by the Final EIR 90-03 would not
result from implementation of the project. The project qualifies as subsequent development to
both the City’s MEIR and Final EIR 90-03 in accordance with Section 21083.3 of the California
Environmental Quality Act; therefore, the Planning Director issued a Notice of Prior
Environmental Compliance on August 1 1, 1997. The recommended and applicable mitigation
measures of MEIR 93-01 and Final EIR 90-03 are incorporated into the project or included as
conditions of approval for this project. Conditions include specific mitigation for impacts to
coastal sage scrub habitat identified by EIR 90-03 through the purchase of 6.8 credits at a 2:l
replacement ratio in an approved mitigation bank (Carlsbad Highlands), a regional detention
basin within the natural drainage course to reduce siltation into Encinas Creek, noise walls along
areas impacted by Aviara Parkway, and consistency with architectural guidelines to reduce
potential negative aesthetic impacts. With regard to air quality and circulation impacts, the
CT 97-14/PUD 97-l l/S:> r/-16/HDP 97-13/GDP 97-34 - MAR&W
. October 15, 1997
Page 15
City’s MEIR found that the cumulative impacts of the implementation of projects consistent with
the General Plan are significant and adverse due to regional factors, therefore, the City Council
adopted a statement of overriding consideration. The project is consistent with the General Plan
as to these effects; therefore, no additional environmental document is required.
ATTACHMENTS:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Planning Commission Resolution No. 4186
Planning Commission Resolution No. 4187
Planning Commission Resolution No. 4 188
Planning Commission Resolution No. 4 189
Planning Commission Resolution No. 4 190
Location Map
Background Data Sheet
Notice of Prior Environmental Compliance dated August 11, 1997
Environmental Impact Assessment dated February 9, 1997
Local Facilities Impact Assessment Form
Disclosure Form
Reduced Exhibits dated October 15, 1997
Full Sized Exhibits “A” - “AAA” dated October 15, 1997.
h ExHBlT5
5. CT 97-1UPUD 97-WSDP 97-IGMDP 97-131CDP 97-34 - MARIANO -A request for approval of a
Site Development Plan and recommendation of approval for a Tentative Map, Planned
Development Permit, Hillside Development Permit, and Coastal Development Permit to : (1)
subdivide the property into 150 single-family lots, one multi-family lot, 2 recreation lots, 1 RV lot,
and 2 open space lots; and (2) construct 27 one, two, and three bedroom affordable apartment
units; all on property generally located east and west of future Aviara Parkway, north of future
Poinsettia Lane, and south of Palomar Airport Road, within the Zone 20 Specific Plan (SP-203)
and Local Facilities Management Zone 20.
Chairperson Nielsen announced that if the Commission recommends approval of this item, it will be
forwarded to the City Council for its consideration.
Chairperson Nielsen invited the applicant to approach the podium and asked him if he had any objection
to this item being heard by the four Commissioners present and if not, will he accept the findings of this
Commission.
Jack Henthom, 5431 Avenida Encinas, Suite J, Carlsbad, representing the applicant, stated that he would
accept the findings the four Commissioners present.
Project Planner, Anne Hysong, presented the staff report and described the project as follows: This
project consists of the subdivision of a 53.7 acre parcel located within the Zone 20 Specific Plan Area of
the southwest quadrant of the city. The parcel iS designated, by the General Plan, for residential low- medium and medium density development and it iS zoned R-l 10,000-Q and RDM-Q. The site is located
south of the Sudan interior Mission, east of Hidden Valley Road, and west of the Cobblestone project. A
portion of the project will be visible from PalOmar Airport Road and Aviara Parkway will bisect the site
from north to south. The site is a vacant, previously cultivated hillside parcel, which rises from
approximately 80 to 100 feet from the west and east to a ridge line which is located on the western half of
the site. The majority of the site Consists Of slopes which are less than 25% gradient and steeper slopes
existing, and within, the west and east Of the future Aviary Parkway alignment. Also existing on these
slopes, are approximately four acres Of deed restricted Coastal Sage Scrub. 3.4 acres of Coastal Sage
will be disturbed, due to grading required for the construction of Aviara Parkway, as well as clearing of
slopes adjacent to the roadway, necessary for fire suppression. With the aid of slide projections, Ms.
Hysong showed the previously described areas surrounding this site as well as some that were not
Previously discussed. The Project consists of one hundred-fifty (150) single-family small lots with small
PLANNING COMMISSION October 15, 1997 Page 6
units, twenty-seven (27) affordable apartment units, two (2) open space lots. two (2) recreation lots, One
(1) RV lot, and terraced hillside grading. The applicant is requesting a recommendation of approval of a
Tentative Tract Map, a Planned Development Permit, a Hillside Development Permit. and a Coastal
Development Permit, and approval of a Site Development Plan for the affordable apartment units and for
the overall project design.
Ms. Hysong noted that the project was scheduled for Housing Commission review on October 9, 1997.
However, that hearing was canceled after the Planning Commission hearing was scheduled, and has been re-scheduled for October 23, 1997. Therefore a recommendation from the Housing Commission 1s
not available at this time.
The project is subject to and consistent with a relevant General Plan policies, the Zone 20 Specific Plan
Requirements for Land Use, open space preservation, public facilities and aesthetics, the Mello II Local
Coastal Program land use policies in implementing ordinances, all the applicable zoning ordinances, the
Subdivision Ordinance as well as the Draft Habitat Management Plan.
The project of also consistent with all requirements of the Zone 20 Specific Plan, including architectural
guidelines, open space preservation through the dedication of open space lots and the trail segment and
the provision of public facilities, including a segment that runs through the site of Aviara Parkway and a
detention basin to the south of Cobblestone Road.
The twenty-seven (27) unit affordable apartment project is consistent with the lnclusionary Housing
Ordinance, in that it is located on-site and it satisfies the project’s 15% inclusionary housing requirement
and it requires no incentives with respect to development standards. It is also compatible, in scale, with
the market-rate units proposed. Also the project is located in proximity to public transportation and major
employment centers.
The project is consistent with the Hillside Development Ordinance, in that the modifications to standards
proposed, are permitted due to the alignment of Aviary Parkway, a circulation element roadway which will
run through the site. Therefore, justification can be made for the disturbance to 40% slopes,
manufactured slope height which exceeds the 30 ft. standard at some locations, but the grading quantities
are still within the potentially acceptable range. Also, the project is consistent with architectural guidelines
in that the roof lines are parallel, 15 foot minimum slope setbacks are provided, and one and two story
units are proposed. The Zone 20 Program EIR analyzed significant environmental impacts resulting from
development of the Zone 20 properties and required mitigation to reduce those impacts. Since no
additional significant impacts were identified for the project, the Planning Director has issued a Notice of
Prior Environmental Compliance and the project includes the following mitigation measures that were
required by the Zone 20 EIR as conditions of project approval: 1) the preservation of .6 acres of Coastal
Sage, 2) the purchase of credits off-site for 6.8 acres, 3) the payment of agricultural mitigation fees, 4) the
dedication of open space lots in the trail segment, 5) noise barrier walls located along Aviara Parkway, to
reduce noise impacts from Aviara Parkway, and, 6) notices to future residents of the potential for airport
and road noise as well as agricultural operations. Since the findings for the various permits can be made,
staff recommends that the Commission approves Site Development Plan SDP 97-16, and recommends
approval of CT 97-14, PUD 97-l 1, HDP 97-13, and CDP 97-34, as conditioned for the Mariano project.
Commissioner Compas inquired if the fact that the Housing Commission has not had an opportunity to
review this project will be a problem.
Ms. Hysong replied that the project is conditioned in such a way that the approval of the SDP is contingent
upon the approval of all of the other permits. The other permits all go to the Council, so the Council will
have the benefit of the Housing Commission’s recommendation as well as the Housing Commission’s
approval. The City Council, in turn, will make the ultimate decision of whether or not to approve the
project.
Regarding the purchase of credits for 6.8 acres, off-site, Commissioner Compas asked if the 6.8 acres is
actually still available. Lid
A
IfLANNING COMMISSION October 181997 Page 7
Mr. Wayne stated that this is a purchase of 8.8 off-site acres and is not a “bank” issue in that they will not be debited from the City’s 4d “Bank”.
Chairperson Nielsen stated that he had been told that the Housing Commission meeting had taken place and asked why it was actually postponed.
Ms. Hysong replied that it was her understanding that the Acting Director of Housing and Redevelopment
was not going to be available for that hearing and therefore rescheduled to October 23, 1997.
Jack Henthom, 5431 Avenida Encinas, Suite J, Cartsbad, representing the applicant, stated that they
support the staff’s recommended Conditions of Approval with the exception Of Condition No. 84, in the
Tentative Map Resolution. That condition, basically, required the applicant to incorporate into his
homeowners association, a piece of property on an adjacent site over which he has no control. He further
stated that it appeared that staff was concerned that that piece of property would become a “no man’s
land”. After extensive research, the applicant located the CC8Rs (in the County Recorders Office) for the
adjacent property and were able to demonstrate, to the Engineering Departments satisfaction, that the
subject parcel is included in that projects homeowner’s association. Mr. Henthom stated that he had had
discussion with Principal Civil Engineer, Bob Wojcik, earlier in the day and feels that they have reached an
agreement.
Commissioner Noble asked if the affordable housing units meet the standards that are recommended by
the Housing Commission to the City Council.
Mr. Henthom replied affirmatively and stated that they had negotiated this matter and had relocated the
units to meet the requirements that the Housing Department wanted to see. Originally, he continued,
those units had been located in an entirely different area.
Commissioner Noble asked if Mr. Henthom when the final link of Aviara Parkway might be completed.
Mr. Henthom responded by stating that the City Engineer is definitely interested in seeing it completed and
the applicant is definitely interested in constructing it. He further stated that as soon as the engineering is
finished they will commence construction. He also stated that the applicant would like to see this project
get underway in the Spring of 1998 because one of the first things that will have to be done is to link the
two existing ends of Aviara Parkway.
Commissioner Compas asked Mr. Henthom if the applicant will be able to get the credits and the financing
he will need for the affordable housing units.
Mr. Henthom stated that they have spoken to three (3) non-profit organizations who have expressed an
interest in the project and feel that it is feasible.
Commissioner Compas also asked what the ratio is between one (1) and two (2) story houses and if it is
possible that they will change that ratio.
Mr. Henthom replied that he is reasonably certain that it is about one-third (l/3). As for changing the ratio,
he stated that after they get into the marketing of this development they will be talking about whether or
not it is necessary to refine the mix.
Chairperson Nielsen opened Public Testimony and offered the invitation to speak. Seeing no one wishing
to testify, Chairperson Nielsen closed Public Testimony.
Commissioner Compas asked Mr. Wojcik to comment on the deletion of Condition No. 84.
Mr. Wojcik confirmed that staff had had discussion with Mr. Henthom and that they have been shown
enough evidence to show that the SAMBI development will be maintaining the landscaping on the parcel
in question. Therefore, this project would not have to maintain that parcel and the condition can be
deleted. !!or
-
PLANNING COMMISSION . October 15, A997 Page 8
ACTION:
VOTE:
AYES:
NOES:
ABSTAIN:
Motion by Commissioner Heineman, and duly seconded, to adopt Planning
Commission Resolution No. 4188, approving SDP 97-16 and adopt Planning
Commission Resolutions 4186,4187,4189, and 4190, recommending approval of
CT 97-14, PUD 97-11, HDP 97-13, and CDP 97-34, based upon the findings and
subject to the conditions contained therein, and as amended to omit Condition
No. 84 in Resolution No. 4175.
4-o Nielsen, Noble, Heineman, and Compas
None
None
PROOF OF PUBL ATION
(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 171 349 (Blade-Citizen)
and case number 172171 (The Times-Advocate)
for the cities of Escondido, Oceanside, Carlsbad,
Solana Beach and the North County Judicial
District; that the notice of which the annexed is a
printed copy (set in type not smaller than
nonpareil), has been published in each regular and
entire issue of said newspaper and not in any
supplement thereof on the following dates, to-wit:
Nov. 8, 1997
I certify (or declare) under penalty of
the foregoing is true and correct.
rj u that
10th day San P@rcos Dated at California, this
0fNov. 1997
NORTH COUNTY TIMES
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Proof of Publication of
Notice of Public Hearing ____________________--_---
COUPLEE DATE Aup*120.1997 DESCRIPTION: Request for approval of a Tentah Map, Planned Development Permit, Hillside Development Permit. and Coastal Deveiopment Permit to: (1) subdNde the property into 150 singlefamily lots. one multi-family Id. 2 recreatim lots. 1 RV lot, and 2 opsn spaca lo$; and (2) construct 27 one, hvo, and three bedm affordable apartment units.
This project is within the CW of Car$bad's Coastal Zone on property generally located east and west of
future Aviara Parkway. north of future Poinsettia Lane, and swth of Palomar Airporl Road, within the Zone 20 Specific Plan (SP-203) and Local Fadlitiea Management Zone 20.
Being a portion of Lot "G' of Um Rancho Ague Hedionda in the City of Carisbad, County ol Sen Diego.
State of California acmrding to the Map thereof 823. filed in the Omce of tha County Recorder of said San
Diego County, November 16,1896.
Pacwest Group. Inc., 550 we81 C Street Suite 1750. San Diego. CA92101.
LOCATION
LEGAL DESCRIPTION:
APPLICANT.
A public heanng on the abve pmpossd pmjed will be held by the Carlsbad City Council in the Council Chambers. 12M) Cahbad Village Drlve, Cshbad, California. on November 18, 1997 at 6:OO p m.
Persons are wrdklly inviled to attend the puMi hearing and pvwe Um decision makers with any oral or mitten comments they may have regardkg the pmjed. The pmjed will be desaibed and a staff remmw given, followed by public testimony. quertbns snd a Wsion. Copies of the SM report will be avalable on or after November 14,1997.
If you have any questions, o( wuld like to be d Me decision, please contact Anna Hysong at the City of Carisbad Planning Depament, Monday thmugh Thursday 730 a.m. to 530 p.m.. Friday 8:oO a.m. to 500 p.m. at 2075 Las Pahas DM, CeWa#. Wimia 92009, (760) 438-1161, extension 4477.
APPEALS The time within which you may ludidally challenge this Tentative Tract Map. Planned Unit Devakpnent. Site Development Plan, Hillside DevelopmMlt Penn. and/or Coastal Development Permlt. f approved, is estaMbhed by State iaW andlW dty ordinance. and is very shoR If you challenge the Tentative Tract Map, Planned Unl Development. sne Development Plan, Hillside DeveWent Permit. and/or Ccastai Devekpment
Permit in court. you may be li to raisinp only those issues raised by you or wmeOne etse at the public hearingdescribedinthisnotice,ainmltlencorrsspondenceddiNersdtotheCityofCa~sbadCityClerk'sOffice
a(, or prior to the public hearing.
1.
2. Coastal Commissbn Appealabie Prow
Appeals to the City Council: where the decision is appealable lo the Cily Council. appeals must be filed in writing within ten (IO) calendar days after a decisim by the Planning Commission.
This site is located dhin the Coastel Zone Appealable Area. X This site is not located within mS Coaaal Zone Appealable Area.
Where the dsdsion is appealeMe to the Coaslal Commissbn. appeals must be filed with the Coastal
Commission wilhin ten (10) WMking days afler the coestal Commission has received a Notii of Flnal Action fmm the City of Carlsbad. Applicants will be mUM bv the Coaslai Commission of the date that their anneal
FWM will mnciude TM San DIW ol~m me &I Commission IS located at 3111 Camino el RIO ih, Sucte Mo. San Diego, Calm 92108.1725.
Legal 51410 November 8, 1997
MARIAN0
CT 07-14lPUD 07-1 ll #fW QI-?&mP Q7-34
- h
NOTICE OF PUBLIC HEARINb . r
CT 97-14lI’UD 97-ll/HDP 97-13lCDP 97-34 - MARIANO
DESCRIPTION:
COMPLETE DATE: August 20,1997
Request for approval of a Tentative Map, Planned Development Permit, Hillside Development Permit, and Coastal Development Permit to: (1) subdivide the property into 150 single-family lots, one multi-family
lot, 2 recreation lots, 1 RV lot, and 2 open space lots; and (2) construct 27 one, two, and three bedroom
affordable apartment units.
LOCATION:
This project is within the City of Carlsbad’s Coastal Zone on property generally located east and west of future Aviara Parkway, north of future Poinsettia Lane, and south of Palomar Airport Road, within the
Zone 20 Specific Plan (SP-203) and Local Facilities Management Zone 20.
LEGAL DESCRIPTION:
Being a portion of Lot “G” of the Ranch0 Agua Hedionda in the City of Carlsbad, County of San Diego,
State of California according to the Map thereof 823, filed in the Office of the County Recorder of said San Diego County, November 16,1896.
APPLICANT:
Pacwest Group, Inc., 550 West C Street, Suite 1750, San Diego CA 92101
A public hearing on the above proposed project will be held by the Carlsbad City Council in the Council Chambers,
1200 Carlsbad Village Drive, Carlsbad, California, on November 18, 1997 at 6:00 p.m.
Persons are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. The project will be described and a staff recommendation given, followed by public testimony, questions and a decision. Copies of the staff report will be available on or after
November 14,1997.
If you have any questions, or would like to be notified of the decision, please contact Anne Hysong at the City of Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at
2075 Las Palmas Drive, Carlsbad, California 92009, (760) 438-l 161, extension 4477.
APPEALS
The time within which you may judicially challenge this Tentative Tract Map, Planned Unit Development, Site
Development Plan, Hillside Development Permit, and/or Coastal Development Permit, if approved, is established by
state law and/or city ordinance, and is very short. If you challenge the Tentative Tract Map, Planned Unit Development, Site Development Plan, Hillside Development Permit, and/or Coastal Development Permit in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this
notice, or in written correspondence delivered to the City of Carlsbad City Clerk’s Office at, or prior to the public hearing.
1. Anneals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission.
2. Coastal Commission Appealable Project: 0 This site is located within the Coastal Zone Appealable Area.
Ia This site is not located within the Coastal Zone Appealable Area.
Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission within ten (10) working days after the Coastal Commission has received a Notice of Final Action from the City of
Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude.
The San Diego office of the Coastal Commission is located at 3 111 Camino De1 Rio North, Suite 200, San Diego, California 92108-1725.
PUBLISH: NOVEMBER 7,1997
APPEALS
The time within which you may judicially challenge this Tentative Tract Map. Planned Unit
Development, Site Development Plan, Hillside Development Permit. and/or Coastal
Development Permit, if approved, is established by state law and/or city ordinance. and is veq
short. If you challenge the Tentative Tract Map, Planned Unit Development. Site Development
Plan, Hillside Development Permit, and/or Coastal Development Permit in court, you may be
limited to raising only those issues you or someone else raised at the public hearing described in
this notice, or in written correspondence delivered to the City of Carlsbad prior to the public
hearing.
1. ADDeals to the Citv Council: Where the decision is appealable to the City Council.
appeals must be filed in writing within ten (10) calendar days after a decision by the
Planning Commission.
2. Coastal Commission Appealable Project:
/J This site is located within the Coastal Zone Appealable Area.
Ix] This site is not located within the Coastal Zone Appealable Area.
Where the decision is appealable to the Coastal Commission, appeals must be filed with the
Coastal Commission within ten (10) working days after the Coastal Commission has received a
Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal
Commission of the date that their appeal period will conclude. The San Diego office of the
Coastal Commission is located at 3 111 Camino De1 Rio North, Suite 200, San Diego. California
92108-1725.
CASE FILE: CT 97-14/PUD 97-1 l/SDP 97-16/HDP 97-13KDP 97-34
CASE NAME: MARIANO
PUBLISH: OCTOBER 2,1997
(Form A)
CITY CLERK’S OFFICE TO:
FROM: PLANNING DEPARTMENT
PUf3LIC HEARING REQUEST
Attached are the materials necessary for you to notice
CT 97-14/PUD 97-ll/HDP 97-13/GDP 97-34 - MARIANO
for a public hearing before the City Council.
Please notice the item for the council meeting ofFIRST AVAILABLE HEARING
.
Thank you.
Assistant City Man--
OCTOBE 30. 1997 Dite
GREYSTONE HOMES INC BCS PROGRAM L 2
495 E RINCON STREET NEWPORT FINANCIAL CENTER
SUITE 115 1303 AVOCADO AVENUE
CORONA CA 91719 NEWPORT BEACH CA 92660
SIM USA INC
1400 FLAMETREE LANE
CARLSBAD CA 92009
SAMBI SEASIDE HEIGHTS LLC
TOYOHARA AMERICA GROUP
8649 FIRESTONE BLVD
DOWNEY CA 90241
JANET & THOMAS MASS
2851 TORRY CT CARLSBAD CA 92009
SD COUNTY PLANNING STE B 5201 RUFFIN RD
SAN DIEGO CA 92123
SANDAG STE 800 400 B ST
SAN DIEGO CA 92101
I.P.U.A. SCHOOL OF PUBLIC ADMIN SAN DIEGO STATE UNIVERSITY
SAN DIEGO CA 92182-4505
CITY OF CARLSBAD MUNICIPAL WATER DIST
MONARCH COMMUNITIES
R GORDON CRAIG
30012 IVY GLEN DRIVE
SUITE 270
LAGUNA BEACH CA 92677
RONALD L. ROESCH
2800 NEILSON WAY
SUITE 708
SANTA MONICA CA 90405
CA COASTAL COMMISSION STE 200 3111 CAMINO DEL,RIO NO
SAN DIEGO CA 92108-1725
CA DEPT OF FISH & GAME STE 50 330 GOLDENSHORE
LONG BEACH CA 90802
LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101
CITY OF CARLSBAD ENGINEERING DEPT
PROJECT PLANNER ANNE HYSONG
LAUREL TREE INVESTMENT CO
ATTN SPIERS ENTERPRISES
23 CORPORATE PLAZA DRIVE
SUITE 139
NEWPORT BEACH CA 92660
UDC HOMES
DENNIS FERDIG
438 CAMINO DEL RIO SOUTH
SUITE 112B
SAN DIEGO CA 92108
PACWEST HOLDINGS LLC
ATTN SAM HOLTY
750 B STREET
SUITE 2370
SAN DIEGO CA 92101
CARLSBAD UNIFIED SCHOOL DIST 801 PINE AVE CARLSBAD CA 92008
REGIONAL WATER QUALITY BRD STE B 9771 CLAIREMONT MESA BLVD
SAN DIEGO CA 92124-1331
AIR POLLUTION CNTRL DIST 9150 CHESAPEAKE DR SAN DIEGO CA 92123
CITY OF CARLSBAD COMMUNITY HERVICES
T.W. SMITH ESQ STE 200
2170 EL CAMINO REAL
OCEANSIDE CA 92054
CLERK OF NO COUNTY SUP COURT CASE NO N 69883 325 SO MELROSE DR VISTA CA 92083
GUY MOORE JR
6503 EL CAMINO REAL CARLSBAD CA 92009
December 16,1997
Pacwest Group, Inc.
550 West C Street, Suite 1750
San Diego, CA 92101
RE: CT 97-14 MARIANO
Enclosed is a copy of Council Resolution No. 97-692 which was adopted by
Carlsbad City Council on November l&1997. This Resolution approves the
Tentative Map for CT 97-14 and also approves PUD 97-l l/HDP 97-l 31CDP 97-
34, Mariano.
If you have specific questions on how this Resolution affects your project you wil
need to contact the Planning Department at (760) 438-l 161.
k%sT---.
KATHLEEN D. SHOUP
Sr. Office Specialist
1200 Carlsbad Village Drive - Carlsbad, California 92008-I 989 - (619) 434-2808 83