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Home My WebLink About1999-02-16; City Council; 15062; Brindisi*CITY OF CARLSBAD - A&A BILL IidA u DEPT. HD. BRINDISI MP 177(W)ILCPA 97-1 O/CT 97-17/ CP 98-1 OlCDP 97-48 CITY ATTY. CITY MGR& RECOMMENDED ACTION: That the City Council INTRODUCE Ordinance No.itS-430 , AMENDING THE Aviara Master Plan and ADOPT Resolution No. cfq -L 3 APPROVING the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, the Master Plan Amendment, the Local Coastal Program Amendment, the Tentative Tract Map, the Condominium Permit, and the Coastal Development Permit for Planning Area 19 of the Aviara Master Plan as recommended for approval by the Planning Commission. ITEM EXPLANATION: On December 16, 1998, the Planning Commission conducted a public hearing and recommended approval (7-O) of the various legislative and development permits associated with the proposed Brindisi condominium project to be located at the northeast corner of Ambrosia Lane and Poinsettia Lane in Local Facilities Management Zone 19. The proposal includes three components: 1) An amendment to the text of the Aviara Master Plan revising development standards and an accompanying Local Coastal Program Amendment to ensure consistency between documents; 2) Development permits to construct 90 condominium units and associated recreational amenities; and 3) A Mitigated Negative Declaration requiring noise attenuation and resident noticing of potential noise impacts. No comments were received at the public hearing. The tentative map, condominium permit and coastal development permit address the construction of 90 multi-family, attached, airspace condominium units on two pre-graded lots within Planning Area 19 of the Aviara Master Plan. A master plan amendment and accompanying Local Coastal Program Amendment are proposed to revise development standards required by the master plan for this planning area. Although the project is required by the Aviara Master Plan to comply with the Planned Development Ordinance, the municipal code allows the Master Plan to override and revise certain standards applicable to PA 19. This action would permit construction of the proposed product type. The applicant is requesting the following six revisions to the Aviara Master Plan: 1. A reduction in building height from 35 to 28.5 feet; 2. A reduction in setback along Poinsettia Lane from 50 to 40 feet; 3. A modification of the setback requirement on the eastern property line from 50 to 15 feet from top of slope. 4. A varied frontyard setback of 10 to 20 feet on the internal street; 5. A 34 foot wide distance from livable space to livable space on each courtyard; and 6. Solid fencing instead of open fencing along the northern property line. The Brindisi development proposal was found to be consistent with the various elements of the General Plan, the applicable segment of the Local Coastal Program, the applicable sections of the Municipal Code and the Zone 19 Local Facilities Management Plan. Therefore, staff and the Planning Commission recommend approval of the Brindisi development project. The project has been conditioned to mitigate impacts to schools to the extent allowed by State Law as recently amended by Proposition IA and SB 50. ENVIRONMENTAL REVIEW: The potential environmental impacts of the Brindisi condominium proposal were reviewed and a Mitigated Negative Declaration was issued on July 27, 1998. Mitigation measures related to noise PAGE 2 OF AGEND:B,l.L NO. ls$QZ - and disclosure of noise impacts from Poinsettia Lane were brought forward to the present environmental assessment and included as mitigation measures; however, no new noise impacts are anticipated as a result of the proposed project, The proposed project has no additional impacts not previously analyzed in EIR 83-02(A) for the Aviara Master Plan or the Master Environmental Impact Report for the 1992 General Plan Update. No comments were received during the public notice period. GROWTH MANAGEMENT STATUS: Facilities Zone Local Facilities Management Plan Growth Control Point Net Density Special Facilities 19 19 * * CFD No. 1 *The proposed project is 65 units under the Growth Management dwelling unit allowance and 19 units under the Master Plan dwelling unit allowance. FISCAL IMPACTS: No fiscal impacts will result from the proposed development because it is consistent with the Zone 19 Local Facilities Management Plan. The Council-approved Zone 19 Plan included a financing plan to comprehensively addresses the provision of public facilities. This project has been conditioned to participate in the identified financing mechanisms. All necessary capital facilities will be provided concurrent with development and funded by the developer of the project EXHIBITS: 1. City Council Ordinance No. NS- 470 2. City Council Resolution No. 99 -6 7 3. Location Map 4. Planning Commission Resolutions No. 4435,4437,4436,4441,4438,4439 5. Planning Commission Staff Report, dated December 16, 1998 6. Excerpts of Planning Commission Minutes, dated December 16, 1998. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. Ns-470 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ADOPTING AN AMENDMENT TO THE AVIARA MASTER PLAN RELATIVE TO PLANNING AREA 19 TO CREATE 90 AIRSPACE CONDOMINIUM UNITS ON PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF POINSETTIA LANE AND AMBROSIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: BRINDISI CASE NO.: MP 177(W) The City Council of the City of Carlsbad, California, does ordain as follows: WHEREAS, the City Council of the City of Carlsbad, California has reviewed and considered a Master Plan Amendment for future development of the site; and WHEREAS, the Aviara Master Plan was adopted by City Council Ordinance No. 9839 on December 22, 1987, and constitutes the zoning for the subject property; and WHEREAS, the Aviara Master Plan has been amended a total of twenty-two times since original adoption, most recently for MP 177(Z) through City Council Ordinance NS- 453 on July 28, 1998; and WHEREAS, after procedures in accordance with requirements of law, the City Council has determined that the public interest indicates that said plan amendment be approved. NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows: SECTION I: That the Aviara Master Plan MP 177 as amended to date is further amended by the Master Plan Amendment relative to Brindisi Planning Area 19, MP 177(W), Exhibit ‘Y” dated December 16, 1998, attached hereto and incorporated by reference herein, is approved. The Master Plan Amendment shall constitute the zoning for this property and all development of the property shall conform to the plan. SECTION II: That the findings and conditions of the Planning Commission in Planning Commission Resolution No. 4437 shall also constitute the findings and conditions of the City Council. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be effective within the CQ’s Coastal Zone until approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the of day 1999, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) -2- 4 Exhibit ‘7”’ December 16,1998 Aviara Master Plan Amendment 177 (W) The Aviara Master Plan (MP 177), most recently amended by MP 177(Z) through City Council Ordinance NS-453 on July 28, 1998, is again amended by the substitution of the following replacement pages for Planning Area 19. 5 PLANNING AREA 19. MULTI FAMILY RESIDENTIAL . l-=-m . This 8.16 acre planning area includes multi-family attached residential units. The neighborhood is located on the northerly side of Poinsettia Lane along the easterly boundary of the Master Plan area. Pacific Rim Park of Planning Area 32 is adjacent to the west and north side of the planning area. All development in Planning Area 19 shall conform to the development standards of the PD Ordinance (Carl&ad Municipal Code, Chapter 21.45.090) unless otherwise stated in this chapter. . YSE ALLOCATION 109 multi-family residential units are allowed by the Growth Management Control Point (11.7 DU/AC). 90 units are permitted to be constructed within Planning Area 19. Private recreation facilities are required in conjunction with the residential units. 'ITED USES; Multi-family residential housing Recreational facilities. The maximum height in this planning area shall not exceed 30 feet. All heights shall be determined per Section 21.04.065 of the Carlsbad Municipal Code. All of the structures in this Planning Area shall be no more than two stories in height. Setbacks. . The minimum setback from the Poinsettia Lane right-of-way shall be 40 feet for structures and open parking. All open parking shall be fully screened from Poinsettia Lane. The minimum front yard setback along Ambrosia Lane shall be 20 feet for structures and 15 feet for open parking. No direct garage access shall be taken from Ambrosia Lane. Frontyard setbacks along the internal street are established as follows: 49% of the structure immediately adjacent to the street must maintain a minimum 20-foot front yard setback; the remaining 51% of the structure immediately adjacent to the street may have a lo-foot front yard setback if the garage is sideloaded per Exhibit V-20-A, dated g/28/98. The setback off the courtyard driveway shall be a minimum S-feet, also as demonstrated on Exhibit V-20-A. Garage court designs shall maintain a minimum 36-foot garage door to garage door separation. A minimum distance of 34 feet from livable space to livable space shall be maintained. The minimum setback along the easterly planning area boundary shall be 15 feet from the top of slope for structures and open parking. The minimum setback from the park shall be 30 feet. All undeveloped areas adjacent to the park shall be landscaped and well maintained. All open parking shall be screened from the park site and Poinsettia Lane. The minimum building separation shall be 20 feet. 143 Legend m Entry Treatment - f 1-l .* J0 I/ WalbFencing Trail @ Scenic Paint -. - u Vkw Orientation 19 w. :; ‘1 I .’ .I &I l t / I :, . : I 1 4 : i : . : I/ : 4 ii r ! w Map i Y- 4 d 17 ‘h Design Criteria - Planning Area .I 9 Exhibit V- 20 1AA Amended 8/11/94 3 Parking shall conform to the standards of Chapter 21.44 of the Carl&ad Municipal Code. Pesiqn, . All community-wide design standards described in Section A of Chapter IV shall be embodied in the architecture of this planning area. The following specific guidelines shall also be included for this planning area: * Curvilinear streets shall be combined with varied building setbacks to strengthen the mediterranean hilltown appearance of the planning area. * Strong architectural relief features shall be incorporated into all structures visible from Poinsettia Lane and the adjacent parkland. * Outdoor courtyards, patios, decks and plazas shall be included. * Special attention shall be given to incorporate the adjacent park areas as an amenity to the neighborhood. l3W-v Treatment: A major entry way shall be located at the intersection of Ambrosia Lane and the private internal street. Fencina : Traffic noise along Poinsettia Lane shall be attenuated if required through the incorporation of a solid masonry or view-thru noise wall, earthen berm or combination of the two. A solid fence or wall shall be located along the planning area boundary adjacent to the park site. A decorative solid fence or view-thru wall shall be located along the easterly planning area boundary. Landscaoe: All community-wide landscape standards described in Section A, Community Design Elements of Chapter IV shall be incorporated into this planning area. In addition, the following specific landscape concepts shall be included in the development of this planning area: * Common streetscape areas shall conform to community requirements. Street trees, landscape planting intensity zones, paving, entry monuments, irrigation systems, walls, fences, lighting, etc., have been pre-determined to provide consistency in design and quality. * Landscaping and berming shall be required to screen all structures and open parking from Poinsettia Lane, the adjacent park to the north and the adjacent property to the east. 145 - * Existing trees identified during Master Tentative Map review shall be preserved. * A fire suppression zone subject to the approval of the Planning Director and Fire Marshall shall be established between native/naturalized areas and structures. The fire suppression plan should incorporate structural setbacks from native areas in combination with a program of selective thinning of native vegetation subject to the approval of the Planning Director. eet Trees. . The dominant street tree along Poinsettia Lane shall be London Plane Tree (Platanus acerifolius) and the support tree shall be the Southern Magnolia (Magnolia grandiflora) or an alternate selected by the developer. . Owen mace .- Manufactured slope areas shall be maintained by the community open space district. Any development within this planning area shall comply with the City's Hillside Development Regulations and the slope and resource preservation policies of the underlying local coastal program and subsequent coastal permit. Any application for development within this planning area shall require a slope analysis/biological resource map during Tentative Map review. 146 IUNI T OWER MAINTENANCE RESPONSIBILI TY AREA (T%?) I PLAN ; I ----- t * i : ; : r : : :: : : j : : : . . I . . . . . . , 1 . . . . . .-“..*~..*~..<.“.‘..>.. .,. ****/ . . . . *...*. 2 .““..~“~~“.~“.“.>.:‘~.:’ ILDING OFFS PLAN 3 PLAN 3 -___ --_- -___ --_- PLAN 2 ,--_- 2 b I ’ : : *: *: : *; ; : : . : .; i ; . . i . . . . . . i i. . . . . . . LEGEm: \ HOMEOWNER ASSOCIA nON MAINTENANCE RESPONSIBLI TY FENCE LINE - AREA (TV.) NOTE: 77fERE ARE NO INDIMDUAL LOT LINES &MO&“~lERMA~RZ’EANCE I1 SEPARA nNG HOUSES: THE UNITS WLL BE AIR SPACE CONOOS. HOMEOWNER ASSOCIA nON . ..~/C.... EI e.“..Ywc-.; CLUSTER AREA WILL SURFACE DRAIN OR USE MAINTENANCE RESPONSIBILITY ‘,x..*.zc* AREA AL KRNA nK AREA DRAINS. TYPICAL CLUSTER PLAN - 6 UNITS MAX DESIGN CRY7ER! - PUNNlNGAREA I9 EXHIBK MAIMNANCE RESPONSIBILITY v;g+i;t,~ TRELLIS/PATIO COVER DESIGN GUIDELINES The following are Design Guidelines/Standards for trellis and patio covers within Brindisi (PA 19) a part of Aviaria III. The purpose of the Design Guidelines is to permit the construction of Trellis and patio covers that are aesthetically pleasing and unobtrusive. BASIC REQUIREMENTS: 1. All trellis and patio covers shall comply with the requirements of the Uniform Building Code. 2. Prior to the issuance of a building permit for trellis or patio covers, proof should be shown that the trellis/patio cover has been approved by the Homeowners' Association. Approval by the Homeowner's discretionary as outlined in the CC&R's (HOA letter and/or HOA stamp on plans). 3. A trellis/patio cover must be of color and design that is compatible with the dwelling unit. 4. Roofing materials for a patio cover must be the same or near the same style and color as the dwelling unit. 5. A trellis/patio cover must maintain all setback requirements as specified in the Aviaria Architectural Guidelines, Planned Development Ordinance or the Trellis/Patio Cover Design Guidelines; which ever is the most restrictive. 6. Trellis/patio covers are permitted only on the units specifically identified as allowing for trellis/patio covers per the trellis/patio cover exhibit. 7. Trellis/patio cover located on lots adjacent to permanent open space must be constructed of materials approved by the Fire Department. SPECIFIC DEVELOPMENT STANDARDS: 1. A trellis/patio cover which meets the definition of "building" per Section 31.04.060 ( has a roof and enclosed on all sides) must maintain a minimum distance of 10 feet from any adjoining dwelling unit or other trellis/patio cover post. A maximum of 2 feet overhang is allowed past the post. 2. A trellis/patio cover must maintain a minimum of 5 feet from a fence, sound wall or community wall. 3. A trellis/patio cover must maintain a minimum of 10 feet from the back of any sidewalk or private driveway. 4. No trellis/patio cover post or overhang may be located outside the identified coverage area. . 5. A trellis/patio cover cannot be greater in height than 12 feet. 6. A trellis/patio cover cannot be greater in depth than 10 feet. 7. A trellis/patio cover cannot be greater than 16 feet in length, as measured from the outside of post to outside of post. A maximum of 2 feet overhang is allowed past the post. 146b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 99-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM, MASTER PLAN AMENDMENT, LOCAL COASTAL PROGRAM AMENDMENT, TENTATIVE TRACT MAP, CONDOMINIUM PERMIT AND COASTAL DEVELOPMENT PERMIT TO CREATE 90 AIRSPACE CONDOMINIUM UNITS ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF POINSETTIA LANE AND AMBROSIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: BRINDISI CASE NO.: MP 177(W)/LCPA 97-1 O/CT 97-l 7KP 98- 1 O/CDP 97-46 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on December 16, 1998, hold a duly noticed public hearing as prescribed by law to consider a Master Plan Amendment, Local Coastal Program Amendment, Tentative Tract Map, Condominium Permit and Coastal Development Permit; and WHEREAS, the City Council of the City of Cansbad, on the day of 16 th February , 1999, held a duly noticed public hearing to consider said matters and at that time received recommendations, objections, protests, and comments of all persons interested in or opposed to the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Master Plan Amendment, Local Coastal Program Amendment, Tentative Tract Map, Condominium Permit, and Coastal Development Permit; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad as follows: 1, That the above recitations are true and correct. 2. That the City Council APPROVES Planning Commission recommendations on MP 177(W)/LCPA 97-IO/CT 97-17/CP 98-IOKDP 97-46 and that the findings and conditions of the Planning Commission as set forth in Planning Commission Resolutions No. 4435,4437,4436, 4441, 4438, and 4439, on file with the City Clerk and made a part hereof by reference, are the findings and conditions of the City Council. 3. That Condition No. 12 of Planning Commission Resolution No. 4441 shall be amended by the addition of the following condition: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E. Notice of Disclosure. The CC&Rs developed for this project shall include a notice of disclosure to future property owners that homes in the Brindisi development may be impacted by noise, light, and/or traffic impacts from the future community park located to the north of the subject property. 4. This action is final the date this resolution is adopted by the City Council. The provisions of Chapter 1 .I6 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 Cartsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be 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 an amount sufficient 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 16 day of February 1999, by the following vote, to wit: AYES: Council Members Nygaard, Kulchin & Hall NOES: Council Member Lewis ncil Member Kulchin ATTEST: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 follows: RESOLUTION NO. 99-67 A RESOLUTION OF THE CITY COUNCIL OF THE Cl OF CARLSBAD, CALIFORNIA, APPROVING A MIT ATED NEGATIVE DECLARATION AND MITIGATION 1 MO _ TORING AND REPORTING PROGRAM, MASTER PLAN AMENDMENT, LOCAL COASTAL PROGRAM AMENDMENT, TENTATIVE TRACT MAP, CONDOMINIUM PERMIT AN DEVELOPMENT PERMIT TO CREATE 9 d COASTAL a! AIRSPACE CONDOMINIUM UNITS ON PROPERTY LO TED AT THE NORTHEAST CORNER OF POINSETTIA LAN LANE IN LOCAL FACILITIES MANAGEMENT CASE NAME: BRINDISI CASE NO.: MP 177(W)/LCPA 97-l 1 O/CDP 97-46 The City Council of the City of C hereby resolve as WHEREAS, pursuant to the Commission did, on December 16, 1998, h$ld a duly noticed public hearing as prescribed by law to consider a Master Plan Amendm ocal Coastal Program Amendment, Tentative Tract Map, Condominium Permit and Coa Development Permit; and , ouncil of the City of Carlsbad, on the day of ly noticed public hearing to consider said matters and at that time received recommend d ions, objections, protests, and comments of all persons interested in or opposed to the Mi * ated Negative Declaration and Mitigation Monitoring and Reporting f Program, Master PI8 Amendment, Local Coastal Program Amendment, Tentative Tract Map, Condominium Pe it, and Coastal Development Permit; and t OW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City / of Carlsbad 6s follows: / I 1, That the above recitations are true and correct. ,’ : 2. That the City Council APPROVES Planning Commission recommendations on MP 177(W)/LCPA 97-IO/CT 97-17/CP 98-lO/CDP 97-46 and that the findings and conditions of the Planning Commission as set forth in Planning Commission Resolutions No. 4435, 4437, 4436,4441, 4438, and 4439, on file with the City Clerk and made a part hereof by reference, are the findings and conditions of the City Council. 3. This action is final the date this resolution is adopted by the City Council. The provisions of Chapter 1 .I 6 of the Carlsbad Municipal Code, “Time Limits for Judicial Review” shall apply: 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 “NOTICE TO APPLICANT” / “The time within which judicial review of this J de ‘sion must be sought is governed by Code of Civil Procedure, )Aection 1094.6, which has been made applicable in the City of Cansbad by Carlsbad Municipal Code Chapter 1 .I 6. Any petition or other paper seeking judicial review must be 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 an amount sufficient to cover the estimated cost or pr+aration of such record, the time within which such petition may beifiled in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or (timailed 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 Cplsbad Village Drive, Carlsbad, CA 92008.” PASSED AND ADOPTED at a / r gular meeting of the City Council of the City of / Carlsbad on the day of d 999, by the following vote, to wit: ,.f AYES: / NOES: ABSENT: CLAUDE A. LEWIS, Mayor pi ATTEST: 1 ALETHA L. RAUTENKkANZ, City Clerk I (SEAL) -2- /3 J I =7=-T-- I I \ BRlNDlSl LCPA 97-l O/MP 177(W)/CT 97-l 71 CP 98=1O/CDP 97-46 EXHIBIT 4 PLANNING COMMISSION RESOLUTION NO. 4435 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM TO CONSTRUCT 90 AIRSPACE CONDOMINUM UNITS ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF AMBROSIA LANE AND POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: BRINDISI CASE NO.: LCPA 97-lo/MP 177(W)/CT 97-17/CP 98- 1 O/CDP 97-46 WHEREAS, Brehm-Aviara III Development Associates, L.P., “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by, Brehm- Aviara III Development Associates, L.P., “Owner”, described as Lots 3 and 4 of City of Carlsbad Tract 92-3, Aviara Phase III Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 13434, filed in the office of the County Recorder of San Diego County, on June 23,1997 (“the Property”); and WHEREAS, the Planning Commission did on the 16th day of December 1998, 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, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Mitigated Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 4 That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS APPROVAL of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, according to Exhibit “ND” dated July 27, 1998, and “PII” dated July 7, 1998, attached hereto and made a part hereof, based on the following findings: /J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit “ND” dated July 27, 1998, and “PII” dated July 7, 1998, attached hereto and made a part hereof, based on the following findings: Findinps: 1. 2. 3. 4. 5. The Planning Commission of the City of Carlsbad has reviewed, analyzed and considered the Mitigated Negative Declaration, the environmental impacts therein identified for this project and said comments thereon, and the Mitigation Monitoring and Reporting Program, on file in the Planning Department, prior to RECOMMENDING APPROVAL of the project. Based on the EIA Part II and comments thereon, the Planning Commission finds that there is no substantial evidence the project will have a significant effect on the environment and hereby RECOMMENDS APPROVAL of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. The Planning Commission does hereby find that the Mitigated Negative Declaration have been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad. The Planning Commission finds that the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program reflect the independent judgment of the Planning Commission of the City of Carlsbad. The Planning Commission finds that: A. the project is a (‘Later Activity” proposed subsequent to and in keeping with a certified program EIR (EIR 83-02(A) for the Pacific Rim Country Club and Resort) and a subsequently adopted Mitigated Negative Declaration (for the Aviara Phase III Master Plan Amendment); B. the project is consistent with the General Plan, Aviara Master Plan (MP 177) and its amendments; C. the project has no new significant environmental effect not analyzed as significant in the prior EIR and Mitigated Negative Declaration; and only minor mitigation measures related to noise have been carried forward to the current Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program. D. none of the circumstances requiring Subsequent or a Supplemental EIR under CEQA Guidelines Sections 15 162 or 15 163 exist. The Planning Commission finds all feasible mitigation measures identified in EIR 83- 02(A) and the Mitigated Negative Declaration (for the Aviara Phase III Master Plan Amendment) have been previously implemented with the development of the previously approved Master Plan Amendment (MP 177 (G)) and Tentative Map PC RESO NO. 4435 -2- lb 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (CT 92-03), and only minor mitigation measures have been carried forward in the current environmental document. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad,’ California, held on the 16th day of December 1998, by the following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Heineman, Monroy, Nielsen, Savary, and Welshons NOES: ABSENT: ABSTAIN: CARLSBAD PiANNING COMMISSION ATTEST: Planning Director PC RESO NO. 4435 -3- /7 City 0 MITIGATED NEGATIVE DECLARATION Project Address/Location: The northeast comer of Ambrosia Lane and Poinsettia Lane in Local Facilities Management Zone 19. Project Description: Request for the approval of a Local Coastal Plan Amendment. Master Plan Amendment, Tentative Tract Map, Planned Unit Development Permit and Coastal Development Permit to construct a 90 unit, multi- family, attached condominium project and associated recreational facilities on a pregraded 8.2 acre site located in Planning Area 19 of the Aviara Master Plan. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Mitigated Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Mitigated Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of date of issuance. If you have any questions, please call Adrienne Landers in the Planning Department at (760) 438-I 161. extension 445 1. DATED: JULY 27, 1998 CASE NO: LCPA 97- 1 O/MPA 177( W)/CT 97- 17/PUD 97- 1 S/CDP 97-26 CASE NAME: BRINDISI, AVIARA PLANNING AREA 19 PUBLISH DATE: JULY 27, 1998 MICHAEL J. HOLZMILI%R Planning Director 2075 La Palmas Dr. - Carlsbad, CA 92009-l 576 - (760) 438-l 161 * FAX (760) 438-0894 .- A ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: LCPA 97-1 OA4PA 177(W)/CT 97- 17/PUD 97- 1 XDP 97-46 DATE: July 7. 1998 BACKGROUND 1. CASE NAME: Brindisi 2. APPLICANT: The Brehm Comuanies 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2835 Camino Del Rio South. Suite 230, San Diego, CA 92 1 OS-3882 4. DATE EIA FORM PART I SUBMITTED: 10/9/97 5. PROJECT DESCRIPTION: Master Plan Amendment. LCP Amendment to modifv development standards apulicable to Aviara PlanninP Area 19. Aviara Master Plan and a Tentative Tract Man and Coastal Permit to construct 90 multi-familv units on a nreviouslv-graded site. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: . . The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impact Unless Mitigation Incorporated” as indicated by the checklist on the following pages. 0 Land Use and Planning q Transportation/Circulation 0 Public Services 0 Population and Housing 0 Biological Resources 0 Utilities & Service Systems 0 Geological Problems 0 Energy & Mineral Resources 0 Aesthetics cl Water Cl Hazards cl Cultural Resources q Air Quality cl Noise cl Recreation 0 Mandatory Findings of Significance Rev.7/6/98 19 - DETERMINATION. (To be completed by the Lead Agency) cl cl 0 (XI 0 I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have significant effect(s) on the environment, but at least one potentially significant effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An Negative Declaration is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. er Signature ’ 4 ‘j Date Date 2 Rev.7/6/98 ea. ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. l A brief explanation is required for all answers except “No Impact” answers that are adequately supported by an information source cited in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A “No Impact” answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. l “Less Than Significant Impact” applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. l “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. l “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significant. l Based on an “EIA-Part II”, if a proposed project could have a potentially significant effect on the environment, but &l potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). l When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a “Statement of Overriding Considerations” has been made pursuant to that earlier EIR. l A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. 3 Rev.7/6/98 2 1 l If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration may be prepared. l An EIR must be prepared if “Potentially Significant Impact” is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a “Statement of Overriding Considerations” for the significant impact has not been made pursuant to an earlier EIR, (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. 4 Rev.716198 aa Issues (and Supporting Information Sources). 1. LAND USE AND PLANNING. Would the proposal:. a> b) cl d) e> Conflict with general plan designation or zoning? (Sources #(s): (#l:Pgs 5.6-l - 5.6-18, #2 #2 EIR 83-02(A)) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (#l:Pgs 5.6-l - 5.6-18) Be incompatible with existing land use in the vicinity? (#l:Pgs 5.6-I - 5.6-18 and #2 #2 EIR 83-02(A)) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses? (#l :Pgs 5.6-l - 5.6- 18) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? (# 1 :Pgs 5.6- 1 - 5.6- 18) 11. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? (#l:Pgs 5.5-l - 5.5-6) b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? (#l:Pgs 5.5-l - 5.5-6 , #2 pgs. 4-1- 4-26) c) Displace existing housing, especially affordable housing? (:Pgs 5.5-l - 5.5-6, #2 pgs. 4-l-4-26) III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) b) c> 4 e> 0 g) h) 0 Fault rupture? (:Pgs 5.1-l - ~5.1-15, #2 EIR 83- 02(A) pgs. 4- 150 - 4 - 156) Seismic ground shaking? (#l:Pgs 5.1-l - 5.1-15, #2 #2 EIR 83-02(A)) Seismic ground failure, including liquefaction? (#l:Pgs 5.1-l - 5.1.15) Seiche, tsunami, or volcanic hazard? (#I :Pgs 5.1-I - 5.1-15) Landslides or mudflows? (#I:Pgs 5.1-1 - 5.1-15)) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (#I:Pgs 5.1-1 - 5.1-15, #2 EIR 83-02(A), #3, pg.s 6-7) Subsidence of the land? (#l:Pgs 5.1-1 - 5.1-15. #2 EIR 83-02(A)) Expansive soils? (1:Pgs 5.1-l - 5.1-15, #3 pgs. 6- 7) Unique geologic or physical features? (1 :Pgs 5.1- 1 - 5.1-15) Potentially Significant Impact q cl cl El Cl Cl 0 0 cl Cl cl 0 cl 0 cl 0 cl Potentially Significant Unless Mitigation Incorporated cl cl cl cl 0 cl cl 0 cl 0 El cl cl Cl Cl 0 cl Less Than Signiticant Impact III cl Cl Cl Cl No impact cl IXI cl El cl El cl Cl cl 0 0 cl Cl Cl cl El El lxl IV. WATER. Would the proposal result in: 5 Rev.716198 a3 - Issues (and Supporting Information Sources). 4 b) c> g) h) 9 Changes in absorption rates. drainage patterns, or the rate and amount of surface runoff? (#l :Pgs 5.2- 1 - 5..2- 11) Exposure of people or property to water related hazards such as flooding? ((#l:Pgs 5.2-l - 5..2-11) Discharge into surface waters or other alteration of surface water quality (e.g. temperature. dissolved oxygen or turbidity)? (#I :Pgs 5.2-l - 5..2- 11, #2 #2 EIR 83-02(A)) Changes in the amount of surface water in any water body? (#l:Pgs 5.2-l - 5..2-11, #2 #2 EIR 83-02(A)) Changes in currents, or the course or direction of water movements? ((#l:Pgs 5.2-l - 5..2-11) Changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? ((#l:Pgs 5.2-l - 5..2-11, #2 EIR 83-02(A)) Altered direction or rate of flow of groundwater? (#l:Pgs 5.2-l - 5..2-11, #2 EIR 83-02(A)) Impacts to groundwater quality? (#I :Pgs 5.2-l - 5..2- 1 1, #2 EIR 83-02(A)) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (#l:Pgs 5.2-l - 5..2-11, #2 EIR 83-02(A)) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or prqjected air quality violation? (#l:Pgs 5.3- 1 -5.3-12;#2pgs.4-110-4-118) b) Expose sensitive receptors to pollutants? (#l:Pgs 5.3-l - 5.3-12) c) Alter air movement, moisture, or temperature, or cause any change in climate? ((#l:Pgs 5.3-l - 5.3-12) d) Create objectionable odors? ((# 1 :Pgs 5.3- 1 - 5.3-l 2) VI. TRANSPORTATION/CIRCULATION. Would the 4 b) c) 4 e) fl proposal result in: Increased vehicle trips or trafftc congestion? (#l:Pgs 5.7-l - 5.7.22; #2, pgs. 4-63 - 4-80) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (#I :Pgs 5.7-I - 5.7.22) Inadequate emergency access or access to nearby uses? (# 1 :Pgs 5.7-l - 5.7.22) insufficient parking capacity on-site or off-site? (#l:Pgs 5.7-l - 5.7.22) Hazards or barriers for pedestrians or bicyclists? (#I :Pgs 5.7-I - 5.7.22) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? (#I :Pgs 5.7-l - 5.7.22) cl cl cl Cl cl cl cl cl cl Ix1 cl cl El IXI cl cl cl 0 cl cl cl Cl 0 cl cl 0 cl 0 cl cl cl cl cl cl 0 cl cl cl q cl (XI cl (XI cl El Cl lx 0 lx3 6 Rev.7/6/98 a4 Potentially Significant Impact Potentiall> Significant Unless Mitigation incorporated Cl Less Than No Signiticani Impact Impact cl El cl w Cl Ixi Cl IXI cl ix1 cl lx cl lx 0 lx3 III El cl ?I cl IXI 0 tzl cl Ix1 Issues (and Supporting Information Sources). g) Rail, waterborne or air traffic impacts? (#l:Pgs 5.7-l - 5.7.22) VII. BlOLOGlCAL RESOURCES. Would the proposal result 4 b) cl 4 e) VIII. 4 b) c> in impacts to: Endangered. threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals. and birds? (#l:Pgs 5.4-l - 5.4-24, #2 , pgs. 4- 119-4-149) Locally designated species (e.g. heritage trees)? (#l:Pgs 5.4-l - 5.4-24; #2 , pgs. 4-119 - 4-149) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (#l:Pgs 5.4-l - 5.4-24, #2 , pgs. 4-l 19 - 4-149) Wetland habitat (e.g. marsh, riparian and vernal pool)? (#l:Pgs 5.4-l - 5.4-24; #2, pgs. 4-119 - 4-149) Wildlife dispersal or migration corridors? (# 1 :Pgs 5.4- 1 - 5.4-24; #2 pgs. 4-l 19 -4-149) ENERGY AND MINERAL RESOURCES. Would the proposal? Conflict with adopted energy conservation plans? (#l:Pgs 5.12.1-I - 5.12.1-5 g: 5.13-I - 5.13-9; #2 pgs. 4-94 - 4- 109) Use non-renewable resources in a wasteful and inefficient manner? (#l:Pgs 5.12.1-I -5.12.1-5 & 5.13- 1 - 5.13-9; #2, pgs. 4-94 - 4-109) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? (#l:Pgs 5.12.1-I - 5.12.1-5 d 5.13-l - 5.13-9; #2, pgs. 4-94- 4-109) IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides. chemicals or radiation)? (#l:Pgs 5.10.1-I - 5.10.1-5) b) Possible interference with an emergency response plan or emergency evacuation plan? (#l:Pgs 5.10.1-I - 5.10.1-5) c) The creation of any health hazard or potential health hazards? (#l:Pgs 5.10.1-I - 5.10.1-5) d) Exposure of people to existing sources of potential health hazards? (#l:Pgs 5.10.1-l - 5.10.1-5) e) Increase fire hazard in areas with flammable brush, grass, or trees? (#l:Pgs 5.10.1-l - 5.10.1-5) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (#l:Pgs 5.9-i - 5.9- 15) b) Exposure of people to severe noise levels? (#I :Pgs 5.9- 1 - 5.9-15) Potentially Significant Impact El cl cl cl cl cl cl 0 Cl cl cl cl cl Cl 0 cl PotentialI> Significant Unless Mitigation incorporated q 0 cl cl cl q cl cl cl q cl cl cl cl cl lxl Less Than Significant Impact 0 cl cl cl cl cl cl cl cl El cl cl cl cl cl cl NO impact Ix1 Ix1 El El Ea El Ix1 Ix1 IXI lx lxl El El IXJ IXI 0 7 Rev.716198 25 Issues (and Supporting information Sources). XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? (# 1 :Pgs 5.12.5-I - 5.12.5-6) b) Police protection? (#l:Pgs 5.12.6-I - 5.12.6-4) c) Schools? (#l:Pgs 5.12.7.1 - 5.12.7-5) d) Maintenance of public facilities, including roads? (1, pgs 5.12.1-l - 5.12.8-7) e) Other governmental services? (#l:Pgs 5.12.1-l - 5.12.8-7) XII.UTILITIES AND SERVICES SYSTEMS. Would the a> b) cl 4 e) 9 s> XIII. a) b) c> XIV. a> b) cl d) e) proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: Power or natural gas? (#l:Pgs 5.12.1-I - 5.12.1-5 & 5.13-l - 5.13-9) Communications systems? (#l; pgs 5.12.1-l - 5.12.8-7) Local or regional water treatment or distribution facilities? (#l:Pgs 5.12.2-l - 5.12.3-7) Sewer or septic tanks? (#l:Pgs 5.12.3-I - 5.12.3-7) Storm water drainage? (#I :Pg 5.2-8) Solid waste disposal? (#l:Pgs 5.12.4-I - 5.12.4-3) Local or regional water supplies? (#l:Pgs 5.12.2-I - 5.12.3-7) AESTHETICS. Would the proposal: Affect a scenic or vista or scenic highway? (#l :Pgs 5.1 l-l - 5.1 l-5) Have a demonstrate negative aesthetic effect? (#I :Pgs 5.11-I - 5.1 l-5, #2 #2 EIR 83-02(A)) Create light or glare? (# 1 :Pgs 5.11- 1 - 5. I 1-5. #2 #2 ElR 83-02(A)) CULTURAL RESOURCES. Would the proposal: Disturb paleontological resources? (#I :Pgs 5.8-l - 5.8- 10; #2 pgs. 4-160 - 4-167) Disturb archaeological resources? (#l :Pgs 5.8-l - 5.8- 10: #2 pgs. 4-150-4-157) Affect historical resources? (#l :Pgs 5.8- 1 - 5.8- 10; #2 , pgs. 4-l 50 - 4-l 57) Have the potential to cause a physical change which would affect unique ethnic cultural values? (#l:Pgs 5.8-l - 5.8-10) Restrict existing religious or sacred uses within the potential impact area? (#l:Pgs 5.8-l - 5.8-10) XV.RECREATIONAL. Would the proposal: 8 Potential& PotentialI>, Less Than No Significant Significant Sipniticant Impact Impact Unless Impact Mitigation Incorporated cl cl cl cl El cl 0 cl cl 0 cl cl cl Cl cl cl cl cl cl Cl cl cl 0 q cl cl cl cl q Cl cl cl cl cl cl cl cl cl cl cl cl 0 cl cl 0 cl cl cl q cl Cl cl cl 0 Cl cl cl cl cl Cl Ix1 I8 IXI lxl El IXI lx lzl lx iz Ix] lzl EJ lxl @xl lxl @xl Ix1 lxl IXJ Rev.7/6/98 cz?L Issues (and Supporting Information Sources). PotentialI! PotentialI\, Less Than NO Significant Significant Significant impact impact Unless Impact Mitigation Incorporated a) Increase the demand for neighborhood or regional parks or other recreational facilities? (#l:Pgs 5.12.8-l - Cl cl cl (xi 5.12.8-7) b) Affect existing recreational opportunities? (#I :Pgs 5.12.8-I - 5.12.8-7) q cl cl El XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause the substantial adverse effects on human beings, either directly or indirectly? cl cl cl Ix1 Cl Cl cl IXI 0 cl cl Ix1 XVII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. Final Environmental Impact Reportfor Pacific Rim Country Club and Resort, (EIR 83-02(A)), dated August 1986. MEIR for the 1994 General Plan Update, both on file in the Planning Department at 2075 Las Palmas, Drive, Carlsbad CA 92009. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. All the effects from the above checklist were adequately analyzed in EIR 83-02(A) and MEIR 93-01. Overriding Findings of Consideration were adopted for air quality and cumulative circulation impacts as part of the MEIR for the 1994 General Plan Update. c) Mitigation measures. For effects that are “Less than Significant with Mitigation Incorporated,“ describe the mitigation measures which were incorporated or refined from the 9 Rev.716198 27 earlier document and the extent to which they address site-specific conditions for the project. Please see section “Noise” on page 12 below. All impacts have been reduced to a level of less than significant. 10 Rev.7/6/98 28 DISCUSSION OF ENVIRONMENTAL EVALUATION A. Proiect Descriution The proposed project includes a master plan amendment, local coastal program amendment, tentative tract map , condominium permit and coastal development permit for Planning Area 19 of the Aviara Master Plan (MP-177). The tentative tract map includes 90 multi-family units at a density of 10.9 du/ac. The development is proposed as 13 six-plexes and 4 triplexes with accompanying recreational amenities to be constructed on a previously-graded site of 8.2 acres in size. Currently, the site is vacant and primarily devoid of vegetation. The site is surrounded to the north and west by a City park site; to the east by a 184 unit condominium project and to the south by a proposed 298 unit apartment project. The proposed density is consistent with the number of units (109) allowed under the latest amendment to the Aviara Master Plan. The proposed discretionary actions also include a master plan amendment and accompanying Local Coastal Plan Amendment which would amend the Aviara Master Plan to permit minor modifications to development standards (i.e., setbacks from roadways and width of driveways. For this environmental analysis, staff conducted several field trips to the subject property and reviewed the Pacific Rim Country Club and Resort Master Plan Environmental Impact Report EIR 82-03(A) which covers this property. The proposed project is consistent with this document as follows: 1. The site has already been reviewed under Master Plan EIR 83-02(A); 2. The project implements all recommended mitigation measures of EIR 83-02(A); 3. The project site design and architectural style will complement existing or future land uses. B. Environmental Imuact Discussion Air Quality The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, . oxides of nitrogen and suifur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a “non- attainment basin”, any additional air emissions are considered cumulatively significant: therefore, continued development to buildout as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. To lessen or minimize the impact on air quality associated with General Plan buildout, a variety of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Operation-related emissions are considered cumulatively significant because the project is located within a “non-attainment basin”, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for air quality impacts. This “Statement Of Overriding Considerations” applies to all subsequent projects covered by the General Plan’s Final Master EIR, including this project, therefore, no further environmental review of air quality impacts is required. This document is available at the Planning Department. Rev.7/6/98 a9 Transportation/Circulation The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected to fail the City’s adopted Growth Management performance standards at buildout. To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Final Master EIR. These include measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at buildout of the General Plan due to regional through-traffic, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for circulation impacts. This “Statement Of Overriding Considerations” applies to all subsequent projects covered by the General Plan’s Master EIR, including this project, therefore, no further environmental review of circulation impacts is required. Biology A small 5 acre sliver of disturbed coastal sage habitat is located along the northern boundary of the site with slightly more vegetation located on the City park site. This area was included as part of the mass grading approved for Aviara Phase III in 1995. At that time it was determined that this and other Aviara sites created 8.68 acres of impact to coastal sage scrub. A 4(d) permit was issued and 8.68 acres of the best coastal maritime scrub were placed in placed in permanent open space for preservation. Mitigation was deemed acceptable by the resource agencies. Although grading of this portion of the subject site is occurring later than the rest of the mass grading operation, the impacts to the coastal sage at this location are considered to be mitigated. Noise Homes in the proposed project will be subject to noise from Poinsettia Lane with a projected ADT of 17,600. First floor exterior living areas located along Poinsettia Lane would be exposed to a maximum unmitigated traffic noise level of about 68.2 CNEL. In order to meet the City required CNEL exterior noise standard of 60 CNEL, a noise barrier will be required to be constructed at the top of slope along Poinsettia Lane. The noise attenuation wall will vary in height from 6.0’ to 6.6’ In addition, prior to the issuance of building permits, the applicant will be required to provide proof that interior noise levels will be reduced to 45 CNEL and that mechanical ventilation will be provided for homes located along Poinsettia Lane. The proposed development is also located within three miles of McClellan-Palomar Airport. Residents of this area may frequently see, hear, and interference of certain activities by aircraft operating to and or from the Airport. As a note of disclosure to future property owners, the developer 12 Rev.716198 3 0 will be required to file a Notice Concerning Aircraft Environmental Impacts, Noise Forms #2 and #3, of file in the Planning Department. All above conditions have been included as mitigation measures in this Mitigated Negative Declaration. MANDATORY FINDINGS OF SIGNIFICANT - CUMULATIVE EFFECTS, CIRCULATION The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected to fail the City’s adopted Growth Management performance standards at buildout. To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Final Master EIR. These include 1) measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at buildout of the General Plan due to regional through-traffic, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the recent certification of Final Master EIR 93-O 1, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for circulation impacts. This “Statement Of Overriding Considerations” applies to all subsequent projects covered by the General Plan’s Master EIR, including this project, therefore, no further environmental review of circulation impacts is required. III. EARLIER ANALYSES USED The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 2075 Las Palmas Drive, Carlsbad, California, 92009, (760) 438-l 161, extension 447 1. 1. Final Master Environmental impact Report for the City of Carlsbad General Plan Update (MEIR 93-01) dated March 1994, City of Carlsbad Planning Department. 2. Final Environmental Impact Report for Pacijk Rim Country Club and Resort, (EIR 83-02(A)), dated August 1986. 3. “Report of Preliminary Geotechnical Investigation - Update”, Magellan Corporations, April 1995. 4. “Exterior Noise Analysis for Aviara PA- 19’: Mestre Greve Associates, October 1997. 5. Habitat Loss Permit for Aviara Phase III, September 18, 1995. 13 Rev.7/6/98 3 LIST OF MITIGATING ~~tiASUI<ES (IF APPLICABLE) I, Prior to the issuance of buildmg permits for homes located adjacent to Poinsettia Lane and as shown on Exhibits Sl and S2 of the Mestre Greve (#97-204) noise study, the applicant shall demonstrate that interior noise levels will be mitigated to a level of 45 CNEL and that mechanical ventilation will be provided. 2. Prior to a certificate of occupancy, the applicant shall construct a noise barrier consisting of a wall, a berm, or a combination of the two for the homes specified on Exhibit Sl of the Mestre Greve noise study, #97-204. The noise barriers must have a surface density of at least 3.5 pounds per square foot, and shall have no openings or gaps. The wall may be constructed of stud and stucco, 3/S inch plate glass, 5/8 plexiglass, any masonry material, or a combination of these materials. 3. Prior to the recordation of the final tract map or the issuance of building permits, which ever occurs first, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the Transportation Corridor (Poinsettia Lane), in a form meeting the approval of the Planning Director and City Attorney (see Noise Form #l) on file in the Planning Department. 4. Prior to the recordation of the final tract map or the issuance of building permits, which ever occurs first, the Developer shall prepare and record a Notice that this property may be subject to noise and other impacts from the McClellan Palomar Airport in a form meeting the approval of the Planning Director and City Attorney (see Noise Forms #2 and #3) on file in the Planning Department. 3 A I I N IF ICAE3L See attached 14 Rev.7/6/98 34 APPLICANT CONCURRENCE WITH MITIGATION MEASURES THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT. a&i I&, 1998 Date Signature Richmond O'Neill Project Manager 15 Rev.7/6/98 33 34 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4437 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MASTER PLAN AMENDMENT TO REVISE DEVELOPMENT STANDARDS TO CONSTRUCT A 90 UNIT AIRSPACE CONDOMINIUM PROJECT ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF AMBROSIA LANE AND POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 19 CASE NAME: BRINDISI CASE NO: MP - 177(W) WHEREAS, Brehm-Aviara III Development Associates, L.P., “Developer”, has tiled a verified application with the City of Carlsbad regarding property owned by, Brehm- Aviara III Development Associates, L.P., “Owner”, described as Lots 3 and 4 of City of Carlsbad Tract 92-3, Aviara Phase III Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 13434, filed in the office of the County Recorder of San Diego County, on June 23,1997 (“the Property”); and WHEREAS, said verified application constitutes a request for a Master Plan Amendment, shown on Exhibit “X” dated December 16, 1998 attached hereto, BRINDISI, MP 177(W), as provided by MP 177 and its amendments and Chapter 21.38 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 16th day of December 1998, consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Master Plan Amendment. 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - WHEREAS, on December 22, 1987, the City Council approved, MP 177 as described in City Council Ordinance No. 9839; and amended MP 177 most recently on July 28, 1998 as described and conditioned in City Council Ordinance No. NS-453. 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 COMMENDS APPROVAL of BRINDISI, MP 177 (W), based on the following findings and subject to the following conditions: Findings: 1. That the proposed development as described by Master Plan 177 (W) is consistent with the provisions of the General Plan and the Aviara Master Plan, in that: A. Density of the proposed project at 90 units is below the maximum density of 109 units allowed for the site by Master Plan 177; B. C. Necessary circulation element roadway improvements including Poinsettia Lane and Ambrosia Lane have been provided; Native vegetation and wetland areas have already been protected; D. Public trails have been constructed; E. Public facilities and services have been provided or will be provided concurrent with development; F. Affordable housing requirements have been met through construction of the Villa Loma project; and G. All development standards revisions are consistent with the intent of the master plan and compatible with surrounding development. Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Master Plan documents necessary to make them internally consistent and in conformity with final action on the project. Development shall occur substantially as shown on Exhibit X attached hereto. Any proposed development different from this approval, shall require an amendment to this approval. PC PESO NO. 4437 -2- 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. Approval of MP 177(W) is granted subject to the approval of LCPA 97-10, CT 97-17, CP 98-10, and CDP 97-46. MP 177(W) is subject to all conditions contained in Planning Commission Resolution Nos. 4435, 4441, 4438, 4439, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, for LCPA 97-10, CT 97-17, CP 98-10, and CDP 97-46 respectively. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 4437 -3- PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 16th day of December 1998, by the following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Heineman, Monroy, Nielsen, Savary, and Welshons NOES: ABSENT: ABSTAIN: ATTEST: MICHAEL J. H Planning Director PC RESO NO. 4437 -4- 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTIO N NO. 4436 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM AND IMPLEMENTING ORDINANCE (AVIARA MASTER PLAN) OF THE CARLSBAD LOCAL COASTAL PROGRAM TO REVISE DEVELOPMENT STANDARDS FOR PLANNING AREA 19, THEREBY BRINGING THE DESIGNATIONS ON THE LOCAL COASTAL PROGRAM, GENERAL PLAN, AND ZONING MAP INTO CONFORMANCE ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF AMBROSIA LANE AND POINSETTIA LANE CASE NAME: BRINDISI ASE C WHEREAS, California State law requires that the Local Coastal Program, General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and WHEREAS, Brehm-Aviara III Development Associates, L.P., “Developer”, has filed a verified application to the Local Program regulatory text regarding property regarding property owned by, Brehm-Aviara III Development Associates, L.P., “Owner”, described as Lots 3 and 4 of City of Carlsbad Tract 92-3, Aviara Phase III Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 13434, filed in the office of the County Recorder of San Diego County, on June 23,1997 (“the Property”); and WHEREAS, said verified application constitutes a request for a Local Coastal Program Amendment as shown on Exhibit “X” dated December 16, 1998, attached to Planning Commission Resolution No. 4437, and incorporated by this reference, as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of the California Coastal Commission Administrative Regulations; and 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the Planning Commission did on the 16th day of December 1998, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Local Coastal Program Amendment. WHEREAS, State Coastal Guidelines requires a six week public review period for any amendment to the Local Coastal Program. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: 4 That the foregoing recitations are true and correct. B) At the end of the State mandated six week review period, starting on October 30, 1998 and ending on December 11, 1998, staff shall present to the City Council a summary of the comments received. C) That based on the evidence presented at the public hearing, the Commission 3 of BIUNDISI, LCPA 97-10, on the following findings, and subject to the following conditions: Findin_es: 1. That the proposed Local Coastal Program Amendment is consistent with all applicable policies of the Mello I segment of the Carlsbad Local Coastal Program, in that the proposed revisions to the development standards do not adversely affect environmentally sensitive resources, prime agricultural lands, scenic resources, public access to the Coastal Zone or geologic stability. 2. That the proposed amendment to the Mello I segment of the Carlsbad Local Coastal Program is required to maintain consistency between the Aviara Master Plan and the implementing ordinances of the City’s Local Coastal Program. 1. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Local Coastal Program Amendment documents, as necessary to make them internally consistent and in conformity with the final action on the project. Development shall occur substantially as shown on the approved Exhibit “X”, attached PC PESO NO. 4436 -2- & to Planning Commission Resolution No. 4437. Any proposed development different from this approval, shall require any amendment to this approval. 2. Approval of LCPA 97-10 is granted subject to the approval of MP 177(W), CT 97-17, CP 98-10, and CDP 97-46. LCPA 97-10 is subject to all conditions contained in Planning Commission Resolutions No. 4437,4441,4438,4439 and 4435 respectively. PASSED, APPROVED AND ADOPTED at a regular meeting to the Planning Commission of the City of Carlsbad, held on the 16th day of December, 1998, by the following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Heineman, Monroy, Nielsen, Savary, and Welshons NOES: ABSENT: ABSTAIN: BAILEY NOE$B, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 4436 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO, 4441 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOM- MENDING APPROVAL OF A TENTATIVE TRACT MAP TO CREATE 90 AIRSPACE CONDOMINIUM UNITS ON RESIDENTIAL PROPERTY LOCATED AT THE NORTH- EAST CORNER OF AMBROSIA LANE AND POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: BRINDISI CASE NO.: CT 97-17 WHEREAS, Brehm-Aviara III Development Associates, L.P., “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by, Brehm- Aviara III Development Associates, L.P., “Owner”, described as Lots 3 and 4 of City of Carlsbad Tract 92-3, Aviara Phase III Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 13434, filed in the office of the County Recorder of San Diego County, on June 23,1997 . (“the Property”); and WHEREAS, said verified application constitutes a request for a Tentative Tract Map as shown on Exhibit(s) “A” - “0” dated December 16, 1998, on file in the Planning Department, BRINDISI CT 97-17 as provided by Title 20 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 16th day of December 1998, 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. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 W That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission COMMENDS APPROVAL of BRINDISI, CT 97-17 based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. 6. 7. That the proposed map and the proposed design and improvement of the subdivision as condition, 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 air space condominium project being created satisfies all minimum requirements of Title 20 governing public and private infrastructure improvements and has been designed to comply with all other applicable City regulations. That the proposed project is compatible with the surrounding future land uses since surrounding properties to the east and south are designated for multi-family residential development on the General Plan and the surrounding properties to the north and east will be developed with a public park. 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 project site can accommodate the proposed residential development while providing all required setbacks and other amenities required by applicable City regulations. 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 is designed and conditioned to avoid 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 project site is in an area of predominantly westerly winds and the proposed site design will provide residents with adequate air circulation within and surrounding any future residential units. 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 PC F2ESO NO. 4441 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 against the public service needs of the City and available fiscal and environmental resources. 8. 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 the small amount of native vegetation on site was previously included in the Habitat Loss Permit for Aviara Phase III and requires no further mitigation. 9. That the discharge of waste from the subdivision will not result in violation of existing California Regional Water Quality Control Board requirements, in that the project has been designed in accordance with the Best Management Practices for water quality protection in accordance with the City’s sewer and drainage standards and the project is conditioned to comply with all applicable National Pollution Discharge Elimination System (NPDES) requirements. 10. The Planning Commission finds that the project, as conditioned herein, is in conformance with the Elements of the City’s General Plan, based on the following: A. B. C. D. E. Land Use - The project is consistent with the City’s General Plan since the proposed density of 11 du/ac is within the density range of O-23 du/ac specified for the site as indicated on the Land Use Element of the General Plan, and is below the growth control point of 19 du/ac for the project site. Circulation - The interior circulation system is designed to provide adequate access to all units within the proposed subdivision and complies with all applicable City design standards. Noise - The proposed residential development has been designed to include a noise wall to mitigate noise impacts from Poinsettia Lane and the proposed units will be constructed to mitigate noise impacts to the interior of the units. Housing - The project is consistent with the Housing Element of the General Plan and the Inclusionary Housing Ordinance as all affordable housing requirements for Aviara Planning Area 19 are accommodated in the Villa Loma project. Parks and Recreation - The proposed project has been conditioned to pay park-in- lieu fees prior to final map. 11. The project is consistent with the City-Wide Facilities and Improvements Plan, the applicable local facilities management plan, and all City public facility policies and ordinances since: A. The project has been conditioned to ensure that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the project is conditioned such that a note shall be placed on the final map that building permits may not be issued for the project unless the District Engineer determines that sewer service is available, and building cannot occur within the PC RESO NO. 4441 -3- 4 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 project unless sewer service remains available, and the District Engineer is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project; B. Statutory School fees will be paid to ensure the availability of school facilities in the Carlsbad School District; C. Park-in-lieu fees are required as a condition of approval; D. All necessary public improvements have been provided or are required as conditions of approval; and 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. 12. 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 2 1.90 of the Carlsbad Municipal Code. This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 13. This project has been conditioned to comply with any requirement approved as part of the Local Facilities Management Plan for Zone 19. Conditions: 1. Staff is authorized and directed to make, or require the Developer to make, all corrections and modifications to the Tentative Tract Map documents 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 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. 3. The Developer shall provide the City with a reproducible 24” x 36”, mylar copy of the Tentative Map as approved by the final decision making body. The Tentative Map shall reflect the conditions of approval by the City. The Tentative Map copy shall be submitted to the City Engineer and approved prior to building, grading, final map, or improvement plan submittal, whichever occurs first. 4. The Developer shall include, as part of the plans submitted for any permit plan check, a reduced legible version of the approving resolutions on a 24” x 35” blueline drawing. Said blueline drawing(s) shall also include a copy of any applicable Coastal Development Permit and signed, approved site plan. PC RESO NO. 4441 -4- Lcb 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. 9. 10. 11. 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 water and sewer facilities are available at the time of application for such water and sewer permits and will continue to be available until time of occupancy. A note to this effect shall be placed on the final map. 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 September 29, 1997 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. 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 19 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. If any condition for construction of any public improvements or facilities, or the payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this residential housing project are challenged this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. Approval of CT 97-17 is granted subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, LCPA 97-10, MP 177(W), CP 98-10 and CDP 97-46. CT 97-17 is subject to all conditions contained in Planning Commission Resolutions No. 4435,4437,4438, and 4439, for the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, MP 177(W), CP 98-10 and CDP 97-46. PC RESO NO. 4441 -5- 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12. The Developer shall establish a homeowner’s association and corresponding covenants, conditions and restrictions. Said CC&Rs shall be submitted to and approved by the Planning Director prior to final map approval. Prior to issuance of a building permit the Developer shall provide the Planning Department with a recorded copy of the official CC&Rs that have been approved by the Department of Real Estate and the Planning Director. At a minimum, the CC&F& shall contain the following provisions: A. General Enforcement by the City. 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” 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. C. Special Assessments Levied by the City. 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 Easements. 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 PC RESO NO. 4441 -6- 4s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13. 14. 15. 16. his/her respective Lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article of this Declaration. D. A statement to the effect that no enclosed or unenclosed additions shall be allowed at any time by any owners, successors in interest, and/or occupants, except for the allowance shown on the approved “Trellis/Patio Cover/Fence Plan”. Prior to the issuance of the building permit, Developer shall submit to the City a Notice of Restriction to be filed in the office of the County Recorder, subject to the satisfaction of the Planning Director, notifying all interested parties and successors in interest that the City of Carlsbad has issued a Mitigated Negative Declaration, Master Plan Amendment, Tentative Tract Map, Condominium Permit and Coastal Development Permit by Resolutions No. 4435,4437, 4441 4438 and 4439 on the real property owned by the Developer. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The Planning Director has the authority to execute and record an amendment to the notice which modifies or terminates said notice upon a showing of good cause by the Developer or successor in interest. 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 improvement and grading plans. 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. In addition, the sales offke shall prominently display the approved “Trellis/Patio Plan and Maintenance Responsibilities”. Prior to the issuance of a certificate of occupancy for any units, an inspection shall be made by Planning Department staff to ensure compliance with this condition. During the course of subsequent final inspections and occupancy approvals by the Planning Department, random monitoring and periodic inspections of the sales office shall be made by Planning Department staff to ensure continued compliance with this condition. If the sales office is found to be not in compliance with this condition at any time, certificate of occupancy approvals shall be suspended by the Planning Director until compliance is achieved to the satisfaction of the Planning Director. PC RESO NO. 4441 -7- 1/q 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17. 18. 19. 20. Maintenance responsibilities for the common areas (to be maintained by the homeowners’ association) and for the exclusive use areas (to be maintained by the individual airspace unit owners) shall be as delineated on the approved “Trellis/Patio Plan and Maintenance Responsibilities” exhibit, and this information shall also be shown on the detailed landscape plan and the final grading plan for this project. The Condominium Plan (filed with the Department of Real Estate) shall be in conformance with the “Trellis/Patio Cover and Maintenance Respon- sibilities” exhibit. 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. Prior to the recordation of the first final tract map or the issuance of building permits, whichever occurs first, the Developer shall prepare and record a Notice that this property may be subject to noise impacts from the existing Transportation Corridor, Poinsettia Lane, in a form meeting the approval of the Planning Director and City Attorney. Prior to recordation of the final map, the applicant shall be permitted to construct 6 model homes provided that: A. All grading and improvements required for the model homes are consistent with the approved tentative map; B. All grading, improvement and landscape plans for the model home area are approved prior to the issuance of building permits; C. Prior to issuance of any permits, a demolition bond is posted covering all expenses required to return the site to its previous, undeveloped condition should the map never final or be abandoned; and D. All requirements of the Building, Water and Fire Departments be fulfilled, including the provisions of sewer and water service. Emzineering: NOTE: Unless specifically stated in the condition, all of the following engineering conditions upon the approval of this proposed major subdivision must be met prior to approval of a final map. 21. Prior to issuance of any building permit, the developer shall comply with the requirements of the City’s anti-graffiti program for wall treatments if and when such a program is formerly established by the City. 22. There shall be one final subdivision map recorded for this project. 23. 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, PC RESO NO. 4441 -8- 3-0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 24. 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. 25. The owner shall record a deed restriction on the property which relates to the proposed cross lot drainage shown on the tentative map. The deed restriction document shall be in a form acceptable to the City Engineer and shall: A. Clearly delineate the limits of the drainage course; B. State that the drainage course is to be maintained in perpetuity by the underlying property owner; and C. That all future use of the property along the drainage course will no restrict, impede, divert or otherwise alter drainage flows in a manner that will result in damage to the underlying and adjacent properties or the creation of a public nuisance. 26. Prior to hauling dirt or construction material to our from any proposed construction site within this project, the developer shall submit to and receive approval from the City Engineer for the proposed haul route. The developer shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. 27. Rain gutters must be provided to convey roof drainage to an approved drainage course or street to the satisfaction of the City Engineer. 28. The developer shall install sight distance corridors at all street intersections in accordance with Engineering Standards and shall record the following statement on the Final Map (and in the CC&Rs). “‘No structure, fence, wall, tree, shrub, 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 Standard Public Street-Design Criteria, Section 8 B.3. The underlying property owner shall maintain this condition.” Fees/Agreements 29. The developer shall pay all current fees and deposits required. PC RESO NO. 4441 -9- 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30. 31. 32. 33. 34. The owner of the subject property shall execute an agreement holding the City harmless regarding drainage across the adjacent property. The subject property is within the boundaries of Assessment District No. 88-1 (Alga Road). Upon the subdivision of land within the district boundaries, the owner may pass through assessments to subsequent owners Q&J if the owner has executed a Special Assessment District Pass-through Authorization Agreement. Said Agreement contains provision regarding notice to potential buyers of the amount of the assessment and other provisions and requires the owner to have each buyer receive and execute a Notice of Assessment and an Option Agreement. In the event that the owner does not execute the Authorization Agreement, the assessment on the subject property must be naid off in full by the owner prior to final map approval. As required by state law, the subdivider shall submit to the City an application for segregation of assessments along with the appropriate fee. A segregation is not required if the developer pays off the assessment on the subject property prior to the recordation of the final map. In the event segregation of assessments is not recorded an property is subdivided, the full amount of assessment will appear on the tax bills of new lot. The owner shall execute a hold harmless agreement for geologic failure. 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. Grading 35. No grading for private improvements shall occur outside the limits of the subdivision unless a grading or slope easement or agreement is obtained from the owners of the affected properties and recorded. If the developer is unable to obtain the grading or slope easement, or agreement, no grading permit will be issued. In that case the developer must either amend the tentative map or modify the plans so grading will no 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. . edications/ImDrovements 36. The owner shall grant the City an irrevocable 15’ wide construction, drainage and slope easement along the north side of this project to accommodate future development of the City park site. After completion of the park, the easement can be quitclaimed except for that portion necessary to serve the ultimate design of the City Park. 37. The owner shall grant a 20’ drainage easement across Lots 1, 2 and 5 to serve the City park site. PC RESO NO. 4441 -lO- 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 38. 42. 43. The owner shall grant a covenant of easement for general access, utilities and drainage easement as shown on the tentative map. The covenant of easement shall be shown and recording information called out on the final map. 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. The owner shall make an offer of dedication to the City for all public streets and easements required by these conditions or shown on the tentative map. The offer shall be made by a certificate on the final map for this project. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the City. Streets that are already public are not required to be rededicated. Direct access rights for all lots abutting Poinsettia Lane and Ambrosia Lane shall be waived on the final map, (except access as shown on the tentative map). 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 referred 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. B. C. All owners and tenants shall coordinate efforts to establish or work with established disposal programs to remove any properly dispose of toxic and hazardous waste products. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives, and other such fluids shall not be discharged into any street, public or private, or into storm drain or storm water conveyance systems. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State, County and City requirements as prescribed in their respective containers. Best Management Practices shall be used to eliminate or reduce surface pollutants when planning any changes to the landscaping and surface improvements. Plans, specifications, and supporting documents for all public improvements shall be prepared to the satisfaction of the City Engineer. In accordance with City Standards, the developer shall install, or agree to install and secure with appropriate security as provided by law, improvements shown on the tentative map and the following improvements: PC RESO NO. 4441 -ll- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 44. 45. 46. 47. l The storm drain system in “E” Street to the park site and connecting to existing public storm drain in Cassia Road. l Additional Improvements to Ambrosia Lane, Poinsettia Lane, or Cassia Road along the frontage of this project as required or damaged during the development of this project. 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 of such other time as provided in said agreement. The developer shall install street lights along all public and private street frontages in conformance with City of Carlsbad Standards. The developer shall install sidewalks along all public streets abutting the project in conformance with City of Carlsbad Standards prior to occupancy of any buildings. Prior to occupancy of any buildings, the developer shall install wheelchair ramps at the public street comers abutting the subdivision in conformance with City of Carlsbad Standards. The design of all private streets and drainage systems shall be approved by the City Engineer. The structural section of all private streets shall conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by the City. The standard improvement plan check and inspection fees shall be paid prior to approval of the final map for this project. Final Man Notes 48. Note(s) to the following effect(s) shall be placed on the final map as non-mapping data: A. All improvements within boundaries of this subdivision are privately owned and are to be privately maintained with the exception of: 1. Sewer and Water main lines within the public easements granted to the City. 2. Storm Drain (trunk line only) within the public easement granted to the City. The public storm drain extends from the City park site thru this project across lots 1,2, and lot 5 3. Note: Public sewer, water & storm drain mains identified above are shown on the tentative map. B. No structure, fence, wall, tree, shrub, sign, or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified PC RESO NO. 4441 -12- 5-4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 as a sight distance corridor in accordance with City Standard Public Street-Design Criteria, Section 8.B.3. The underlying property owner shall maintain this condition. C. Building permits will not be issued for development of the subject property unless the District Engineer determines that water and sewer facilities are available. Water 49. 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 any meter installation. 50. The developer shall provide detailed information to the District Engineer regarding water demand, irrigation demand, fire flow demand in gallons per minute, and projected sewer flow in million gallons per day. 51. All District pipelines, pump stations, pressure reducing stations, water meters, and appurtenances required for this project by the District shall be within public right-of-way or within easements, on private street “A”, granted to the District or the City of Carlsbad. 52. The developer shall install signs on the private street to indicate parking is permitted on only one side of the street in accordance with Carlsbad Municipal Code 17.04.020. 53. All required water mains, fire hydrants and appurtenances shall be operational before combustible building materials are located on the construction site. 54. Plans and/or specifications for fire alarm systems, fire hydrants, automatic fire sprinkler systems and other fire protection systems shall be submitted to the Fire Department for approval prior to construction. 55. Automatic sprinklers shall be installed in all buildings required by the Fire Marshal. General: 56. If any of the foregoing conditions fail to occur; or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals here in granted; institute and prosecute litigation to compel their compliance with said conditions or seek damages of their violation. No vested rights are gained by Developer or a successor in interest by the City’s approval of this Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, PC RESO NO. 4441 -13- 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Master Plan Amendment, Tentative Map, Condominium Permit, and Coastal Development Permit. Standard Code Reminders: The project is subject to all applicable provisions of local ordinances, including but not limited to the following: 57. 58. 59. 60. 61. 62. 63. 64. The developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with the Carlsbad Municipal Code and the City Engineer. The Developer shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. 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 provided herein. The project shall comply with the latest non-residential disabled access requirements pursuant to Title 24 of the State Building Code. 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 the Aviara Master Plan and shall require review and approval of the Planning Director prior to installation of such signs. The developer shall exercise special care during the construction phase of this project to prevent offsite siltation. Planting and erosion control shall be provided in accordance with the Carlsbad Municipal Code and the City Engineer. The tentative tract map approval shall expire twenty-four (24) months from the date of the City Council Resolution containing the final decision for tentative tract map approval. NOTICE TO APPLICANT Please take NOTICE that approval of your project includes “imposition” of the following fees, dedications, reservations, or other exactions. All fees herein imposed are payable at Building Permit issuance, except Drainage Fees, which are paid prior to final map approval. The amounts set forth below are estimates; the final, actual amount due may vary, depending on the actual formula variables, including the fee itself, at time of payment. The City reserves the right to PC RESO NO. 4441 5.!b -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 modify the fee, dedication, reservation, exaction, or an element thereof, to the extent permitted by law. You have 90 days from date of final approval, as defined by the Code of Civil Procedure $1094.6 Notice pursuant to Carlsbad Municipal Code Section 1.16.010(f), to protest imposition of these fee/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees and exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees or exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PASSED, APPROVED AND ADOPTED at 16th day of December 1998, by the following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Heineman, Monroy, Nielsen, Savary, and Welshons NOES: ABSENT: ABSTAIN: BAILEY NO@, Chairperson CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 4441 -15- 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C PLANNING COMMISSION RESOLUTION NO. 4438 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF CONDOMINIUM PERMIT, CP 98-10, TO ALLOW THE DEVELOPMENT OF A 90 UNIT AIRSPACE CONDOMINIUM PROJECT ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF AMBROSIA LANE AND POINSETTIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: BRINDISI CASE NO.: CP 98-10 WHEREAS, Brehm-Aviara III Development Associates, L.P., “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by, Brehm- Aviara III Development Associates, L.P., “Owner”, described as Lots 3 and 4 of City of Carlsbad Tract 92-3, Aviara Phase III Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 13434, filed in the office of the County Recorder of San Diego County, on June 23,1997 (“the Property”); and WHEREAS, said verified application constitutes a request for a Condominium Permit as shown on Exhibit(s) “A” - “O”, dated December 16, 1998, on file in the Planning Department, BRINDISI, CP 98-10, as. provided by Chapter 21.45 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 16th day of December, 1998, 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 Condominium Permit. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 CP 98-10, based on the following findings and subject to the following conditions: Findings: 1. 2. 3. 4. 5. 6. All findings of Planning Commission Resolution No. 4441 for CT 97-17 are incorporated herein by reference. That the granting of this permit will not adversely affect and will be consistent with Chapter 21.45 of Title 21, the General Plan and all adopted plans of the City and other governmental agencies, in that the multi-family project is consistent with the Residential High (RH) density land use designation, Planned Community (PC) zoning and in compliance with all applicable development standards and design criteria of the Aviara Master Plan. 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 multi-family project provides a higher density residential land use and is consistent with existing development in the surrounding community. 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 the project is conditioned to conform to all design and development standards required by the Aviara Master Plan and Carlsbad Municipal Code. 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 the project design is consistent with surrounding multiple family development, and the proposed density of 11 dwelling units/acre is within the Residential High (RH) density range and does not exceed the Growth Management control point. That the project’s circulation system is designed to be efficient and well integrated with the project and does not dominate the project, in that the private street provides direct access to guest parking, individual garages, interior courtyards with garages spaces and pedestrian circulation that is delineated by enhanced paving. PC RESO NO.4438 -2- 5-9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ Conditions: 1. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the Planned Unit Development document(s), 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 different from this approval, shall require an amendment to this approval.. 2. Approval of CP 98-10 is granted subject to the approval of CT 97-17. CP 98-10 is subject to all conditions contained in Planning Commission Resolutions No. 4435, 4437, 4441 and 4439, for the Mitigation Negative Declaration and Mitigation Monitoring and Reporting Program, MP 177(W), CT 97-17, and CDP 97-46 respectively. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO.4438 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the planning Commission of the City of Carlsbad, California, held on the 16th day of December, 1998, by the following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Heineman, Monroy, Nielsen, Savary, and Welshons NOES: ABSENT: ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: Planning PC RESO NO.4438 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 4439 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF COASTAL DEVELOPMENT PERMIT NO. CDP 98-43 TO CREATE 90 AIRSPACE CONDOMINIUM UNITS ON PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF POINSETTIA LANE AND AMBROSIA LANE IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: BRINDISI CASE NO.: CDP 97-46 WHEREAS, Brehm-Aviara III Development Associates, L.P., “Developer”, has filed a verified application with the City of Carlsbad regarding property owned by, Brehm- Aviara III Development Associates, L.P., “Owner”, described as Lots 3 and 4 of City of Carlsbad Tract 92-3, Aviara Phase III Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 13434, filed in the offke of the County Recorder of San Diego County, on June 23,1997 (“the Property”); and WHEREAS, said verified application constitutes a request for a Coastal Development Permit as shown on Exhibits “A” - “O”, dated December 16th, 1998, on file in the Planning Department, as provided by Chapter 21.201.040 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 16th day of December 1998, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the CDP. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 BRINDISI, CDP 97-46 based on the following findings and subject to the following conditions: PindinEs: 1. 2. 3. 4. 5. That the proposed development is in conformance with the Mello I segment of the Certified Local Coastal Program and all applicable policies in that no prime agricultural lands exist on or near the site; the very small amount of environmentally sensitive habitat has already been mitigated as part of the Aviara Phase III project; no coastal access is or will be needed through or adjacent to the project site; erosion will be controlled by grading in conformance with City Standards; and no significant visual panoramas exist on or near the site. The project site is not located in the Coastal Agriculture Overlay Zone, according to Map X of the Land Use Plan, certified September 1980, and, therefore, is not subject to the provisions of the Coastal Agriculture Overlay Zone (Chapter 21.202 of the Zoning Ordinance). The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City’s Master Drainage and Storm Water Quality Management Plan and Grading Ordinance to avoid increased runoff and soil erosion; no steep slopes exist on the property; and the site is not prone to landslides or susceptible to accelerated erosions, floods or liquefactions. The project site is not located between the sea and first public road parallel to the sea and, therefore, is not subject to the provisions of the Coastal Shoreline Development Overlay Zone (Chapter 21.204 of the Zoning Ordinance). The project is consistent with the provisions of the Coastal Resource Overlay Zone Mello I Segment Ordinance (Chapter 21.205 of the Zoning Ordinance) in that no additional mitigation, as contained in the certified EIR for the Aviara Master Plan (EIR 83-02(A)), is needed and all required drainage and desiltation structures are in place and no grading is proposed. Cond . . Itlone: 1. Staff is authorized and directed to make, or require Developer to make, all corrections and modifications to the document(s) necessary to make them internally consistent and in PC RESO NO. 4439 -2- b3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 conformity with final action on the project. Development shall occur substantially as shown in the approved Exhibits. Any proposed development different from this approval, shall require an amendment to this approval. 2. The applicant shall apply for and be issued building permits for this project within two (2) years of approval or this Coastal Development Permit will expire unless extended per Section 21.201.210 of the Zoning Ordinance. 3. Approval of CDP 98-43 is granted subject to approval of LCPA 97-10, MP 177(W), CT 97-17, and CP 98-10. CDP 98-43 is subject to all conditions contained in Planning Commission Resolutions No. 4435, 4437, 4441 and 4438 for the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, MP 177(W), CT 97-17, and CP 98-10. NOTICE Please take NOTICE that approval of your project includes the “imposition” of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as “fees/exactions.” You have 90 days from date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure.set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. PC RESO NO. 4439 -3- L4 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 16th day of December 1998, by the following vote, to wit: AYES: Chairperson Noble, Commissioners Compas, Heineman, Monroy, Nielsen, Savary, and Welshons NOES: ABSENT: ABSTAIN: CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HxZMtiER Planning Director PC RESO NO. 4439 -4- The City of CARLSBAD Planning Department A REPORT TO THE PLANNING COMMISSION Item No. Application complete date: June 9, 1998 P.C. AGENDA OF: December 16,1998 Project Engineer: Clyde Wickham SUBJECT: LCPA 97-lo/MP 177(W)/CT 97-17/CP 98-lO/CDP 97-46 - BRINDISI - Request for the approval of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Local Coastal Program Amendment, Master Plan Amendment, Tentative Tract Map, Condominium Permit and Coastal Development Permit to construct a 90 unit, multi-family, attached airspace condominium project on 8.2 acres located in Planning Area 19 of the Aviara Master Plan, at the northeast comer of Ambrosia Lane and Poinsettia Lane in Local Facilities Management Zone 19. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 4435, 4436, 4437, 4441, 4438 and 4439 respectively, RECOMMENDING APPROVAL of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, LCPA 97-10, MP 177(W), CT 97-17, CP 98-10 and CDP 97-46 based on the findings and subject to the conditions contained therein. II. JNTRODUCTIO& This proposal involves the construction of 90 multi-family, attached, airspace condominium units on two pre-graded lots within the Aviara Master Plan, Planning Area 19. A master plan amendment and accompanying Local Coastal Program Amendment are proposed to revise development standards required by the master plan for this planning area. The project’s location within the Coastal Zone also necessitates the processing of a Coastal Development Permit. The project complies with all applicable zone and master plan regulations. All issues have been resolved. III. PROJECT DESCRIPTION AND BACKGROUND The applicant is requesting approval of a local coastal program amendment, master plan amendment, tentative tract map, condominium permit and coastal development permit to allow the construction of a 90 unit, multi-family, airspace condominium project. The subject site, located at the northeast comer of Ambrosia Lane and Poinsettia Lane, is composed of what originally were two planning areas within the Aviara Master Plan, PA 19 and former PA 32A. PA 32A was reserved for park use until July 1, 1995, unless the City determined that the land was not needed for park use, at which time it could then be allowed for residential development as part of PA 19. That determination was made by the City with the understanding that the mass - A LCPA 97-l O/MP 177(W)/CT 97-l 7/CP 98- 1 OKDP 97-46 - BRINDISI December 16,1998 grading for Aviara, including PA 19, would also provide improved access to the future park site. PA 19 was included in the original mass-grading of the master plan with pad elevations of the subject site and Ambrosia Lane approximately 10’ lower than the park site. The subject site is adjacent to 184 condominiums at the east with 288 luxury apartments proposed to the south. The site is bounded on the west and north by the future, but unplanned, City park. Early conceptual park plans propose a driveway, parking lot, and basketball courts north of the subject site. Development in this portion of the Aviara Master Plan terraces downslope from north to south and f?om west to east. Again, the future park pad is approximately 10’ - 15’ above the subject site which then steps down about 25’ to the condominium project to the east. Poinsettia Lane varies from 6’ to 20’ below the subject site. The proposed condominium development with 13 sixplexes and 4 triplexes is designed in somewhat of a circular fashion with units fronting along a 32’ wide private street with parking on one side of the street. Each of the buildings is designed around an interior courtyard complemented with enriched pavement treatment, trellises, fountains, etc. to allow this space to function as a neighborhood gathering area rather than as only a driveway/courtyard. On the average sixplex, the courtyard provides internal access to four units with two units in each building fronting directly on the private street. Approximately 30 percent of the units face the private street while providing 20’ driveway opportunities for guest parking. Additional guest parking is accommodated on the street and at two dispersed locations. Private recreational amenities are provided through 15’ x 15’ rear yards or 10’ x 10’ balconies. Common active recreation requirements are met through the provision of a swimming pool, spa and attendant facilities. Consistent with the Aviara Residential Guidelines, each of the proposed structures features a mix of Spanish Colonial and Mediterranean design elements. These characteristics include articulated facades, tile roofs, shutters, accent tiles, painted wrought iron railings, wood trellises and enhanced rear elevations. Unit sizes range from 1,341 sq. ft. to 2,198 sq. ft. The Carlsbad Municipal Code allows a master plan to override normal development standards. Because the Aviara Master Plan serves as the zoning for the master plan area, amendment of those standards redefines the required development standards for Planning Area 19. The proposed revision to standards would permit: 1) A setback of 40 feet from Poinsettia Lane; 2) A 15 foot setback fi-om top of slope along the eastern boundary of the planning area; 3) A 36 foot wide garage-to-garage distance and 34 foot distance between livable space in the courtyard area; 4) A varied front yard setback of 10 and 20 feet on the internal street; 5) A building height reduction from 35 feet to 28.5 feet; and, 6) Solid fencing instead of open fencing along the park. The new development standards and product type provisions are proposed via master plan text changes and the introduction of a graphic depicting the typical six unit design for the Planning LI h - LCPA 97-lo/MP 177(W)/C’I’ 97-17KP 9%lO/CDP 97-46 - BRINDlSI December 16,1998 Area 19 chapter of the Aviara Master Plan. The proposed master plan text changes are attached to Planning Commission Resolution No. 4437, as Exhibit X. Because the Aviara Master Plan is both a land use plan and implementing ordinance for the Local Coastal Program, an amendment to the LCP is necessary to provide consistency between the two documents. Affordable housing requirements for the development of this planning area have already been satisfied at a master plan scale through the construction of the Villa Loma project. The proposed project is subject to the following regulations: A. B. C. D. E. F. G. H. General Plan Mello I Segment of the Local Coastal Program P-C - Planned Community Zone Aviara Master Plan (MP 177 and its amendments) Planned Development Ordinance Subdivision Ordinance Growth Management Ordinance CEQA and Environmental Protection Ordinance. IV. ANALYSIS The recommendation for approval of this project was developed by analyzing the project’s consistency with the applicable policies and regulations listed above. The following analysis section discusses compliance with each of these regulations/policies utilizing both text and tables. A. General Plan When the Aviara Master Plan was approved, the finding was made that the master plan implements the General Plan and was consistent with the goals, objectives, and policies of the General Plan. The finding was based on the fact that the master plan provides for the following: (1) the provision of the necessary circulation element roadway improvements including Poinsettia Lane and Ambrosia Lane; (2) the protection and enhancement of native vegetation and wetland areas; (3) the construction of public trails; (4) the provision of affordable housing within the Villa Loma development; and (5) compliance with the Local Facilities Management Plan Zone 19 for public facilities and services. Based on this implementation and consistency relationship between the Aviara Master Plan and the General Plan, it can be assumed that if the Brindisi project is consistent with the Master Plan, it is also consistent with the General Plan. - LCPA 97- 1 O/MP 177(W)/CT 97-17KP 98- 1 O/CDP 97-46 - BRINDISI December 16,199s B. Local Coastal Program/Coastal Development Permit Planning Area 19 lies within the Mello I segment of the City’s Coastal Zone and is subject to the corresponding land use policies and implementing ordinances. The implementing ordinances for those portions of the Mello I segment within Aviara are contained in the Aviara Master Plan. This section addresses only conformance with the Land Use Plan since implementing ordinance conformance is addressed in Sections D and E below. The policies of the Mello I segment emphasize topics such as preservation of agriculture and scenic resources, protection of environmentally sensitive resources, provision of shoreline access, and prevention of geologic instability and erosion. The land uses allowed through the Mello I Segment are the same as those allowed through the Aviara Master Plan, therefore the proposed multi-family residential use is consistent with the LCP. Because the Aviara Master Plan serves as the implementing ordinance of the Local Coastal Program for this site, consistency with the master plan also represents consistency with the LCP implementing ordinances. The proposed development creates no impacts to coastal resources. There are no steep slopes on the subject site. The very narrow strip of disturbed native vegetation along the north side of the site adjacent to the proposed park was included in the Habitat Loss Permit approved by the Department of Fish and Game for the Aviara Phase III project. No additional mitigation is required. City erosion control standards will be maintained throughout the project site to deter off-site erosion and potential lagoon sedimentation. No agricultural lands exist on the graded site, therefore no impacts to such will occur. The project site is located l+ miles from Batiquitos Lagoon and no existing or future coastal access routes exist through the site. No significant visual resources exist on or near the project site. Given the above, the project is consistent with the applicable overlay, namely, the Coastal Resource Protection Overlay Zone Mello I Segment. Therefore, the proposed project is consistent with the Mello I land use policies. C. Planned Community Zone The underlying zoning of the proposed project is Planned Community (P-C). In accordance with that designation, the Aviara Master Plan was created to implement that zoning. No specific development standards or design criteria exist in the P-C zone, however, and all applicable standards and criteria are contained within the master plan documents. Therefore, conformance with the master plan requirements also indicates conformance with the Planned Community Zone. D. and E. Aviara Master Plan Amendment and Planned Unit Development Ordinance The Aviara Master Plan designated Planning Area 19 for a maximum of 109 multi-family dwelling units. The proposed 90 unit airspace condominiums are consistent with the multi- family designation and density. Per the master plan, all development within Planning Area 19 must comply with the requirements of the Planned Development Ordinance, except as modified in the master plan. As noted above, the municipal code allows a master plan to override normal development standards. The applicant is proposing to modify several existing development standards for Planning Area 19. The proposed revisions will permit a lower profile development c 9 LCPA 97- 1 O/MP 177(W)/CT 97- 17KP 98-1 O/CDP 97-46 - BRINDISI December 16,1998 that maintains an articulated streetscene with varying setbacks while maintaining compatibility with surrounding development. The existing master plan requirements and proposed revisions are discussed in Table A below: Table A. PROPOSED MASTER PLAN REVISIONS MASTER PLAN REQUIREMENT g: Height: PROPOSED REVISION AND RATIONALE 35 feet except that structures may not exceed 28 feet within 50 feet of the park. 50 % of structures must be no more than 2 stories. Setback from Poinsettia Lane: 50 feet Maximum height of 30 feet or two stories. All units measure 28.5 feet in height. The proposed reduction creates better compatibility with surrounding land uses. The 6 inch increase near the park site will not be noticeable. All units are at least 40 feet from Poinsettia Lane. The proposed setback is consistent with existing the City requirement for a 40 foot setback from major arterials. A similar 40 foot setback already exists on the adjacent Poinsettia Hill project to the east. Setback from interior street: 20 feet 49% of the structure adjacent to the private street must maintain a frontyard setback of 20 feet. The remaining 5 1% of the structure may maintain a 10 feet frontyard setback, if the garage unit is side-loaded. The proposed building footprint provides varied building setbacks similar to requirements of the RD-M (multi-family) zone. Setback alone easterlv boundary 50 feet 15 foot setback from top of eastern slope line (average distance from top of eastern slope is 21.5 feet, average distance from eastern property line is 40 feet). The Poinsettia Hills project was approved with a similar 20 foot setback. The 60 foot distance between development will provide sufficient visual separation between the two multi- family projects. Distance between structures on - 34 feet 36.5 feet from garage door to garage door; 34 feet from livable space to livable space. Code requires a 30 foot driveway plus a 5 foot setback from each side of the driveway. The intent of the code requirement is to provide a wider driveway when there are a larger number of units and increased ADTs, and to provide a setback from that driveway to ensure privacy, etc. The proposed 24 foot driveway handles no through traffic and needs to accommodate only backup from homes on the courtyard. The 5 foot setback for privacy is still provided. A vehicular field test indicate no problems with a 36 foot backup. Open fence or wall along northern Solid fence or wall, The proposed park parking lot could property line near park adversely impact the privacy and security of residents. As amended, the proposed project is consistent with the applicable regulations of the Aviara Master Plan and the PUD (condominium standards) regulations as shown in Table B below. LCPA 97- 1 O/MP 177(W)/CT 97- 17KP 98- 1 O/CDP 97-46 - BRINDISI December 16, 1998 Table B: MASTER PLAN AND PUDKP COMPLIANCE STANDARD MP/CP STANDARD PROPOSED Density/Product type (MP) 109 multi-family 90 multi-family units Min. lot size (MP) n/a air space ownership only Setbacks: (MP) Poinsettia Lane 40’ 40’ Ambrosia Lane 20’ 20’ Front yard setback on 49% of structure adjacent to 20’/10’ interior street street must have 20’ setback. 5 1% of the structure may have a 10’ setback if garages are side- loaded (see Exhibit A). Min. distance b/t structures (MP) Min. street width (private streets) Min. private driveway widths m-9 Max. building height (MP) Resident parking (CP) Visitor parking (CP) Recreational space (CP) Storage space RV storage (MP & CP) Miscellaneous (MP) 20’ 30’ (no parking) 32’ (parking on 1 side) 36’ (parking on 2 sides) 24’ 28.5’ 2 full-sized covered spaces/du 25 spaces 200 sq ft/du/18,000 total sq. ft. 392 ct7du n/a (provided in Planning Area 23) Open fence or wall near park 20’ 32’ (parking on 1 side) 24’ 28.5’ 2-car garages 25 spaces (dispersed along private streets and in two small parking areas) 18, 148 sq. ft. through private patios/ balconies as well as common active area. Provided within individual garages 1800 sq. ft already provided in Planning Area 23 Solid wall or fence Solid fence or wall along easterly Six foot solid fence property line Access to park site Site graded to interface with future park pad elevations. Grading approved by Parks and Recreation. LCPA 97-lo/MP 177(W)/CT 97-17/CP 9%lO/CDP 97-46 - BRINDISI December 16,1998 Subdivision Ordinance The proposed tentative map complies with all requirements of the City’s Subdivision Ordinance. All infrastructure improvements and the extension of existing drainage and sewer facilities will be installed concurrent with development. Access to the site will be provided from Ambrosia Lane at the northwestern comer of the project site. The proposed setbacks, structure separations and the design of the units will allow for adequate air circulation and the opportunity for passive heating and cooling. The project is conditioned to install private, interior street improvements to a 32’ width including curbs, gutters, sidewalks. The proposed street system is adequate to handle the project’s pedestrian and vehicular traffic. As agreed to by the City and the developer, the proposed subdivision design includes grading of a 20-40’ wide area on the adjacent park site as an interim design of the shared boundary condition. This graded area will approximate the finish grade of the future park site. However, because the final design of the park is uncertain, grading, access, and drainage could necessitate a regrading condition on the park property. In the event that additional grading is necessary, the project is conditioned to grant an irrevocable construction and slope easement to the City. This easement has been noted on the final map and will be included in the CC&Rs to advise potential homeowners of this condition. G. Growth Management Ordinance At the time the Local Facilities Management Plan for Zone 19 was approved, all facility impacts were analyzed and it was determined that all facilities would be provided prior to or concurrent with need pursuant to the facilities performance standards of Growth Management. Because the proposed project is consistent with the master plan in which all facilities were determined to be in compliance with adopted performance standards and the project has been conditioned to comply with all requirements of the LFMP for Zone 19, no further growth management analysis is necessary. Facility impacts are noted on the attached Local Facilities Impacts Assessment Form. V. ENVIRONMENTAL The proposed project and revisions within Planning Area 19 were reviewed with respect to their potential environmental impacts, pursuant to the California Environmental Quality Act and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code. The project site has undergone two previous environmental reviews: the Final Environmental Impact Report for the Pacific Rim Country Club and Resort and the Master Environmental Impact Report for the 1994 General Plan Update. Upon review of the current proposal, it was determined that there will be no additional significant impacts that were not analyzed in the previous environmental documents. The current proposal conforms to the parameters established through the previous reviews. The General Plan land use designation, zoning and density remain the same, and the project falls within the scope of the City’s MEIR for the City of Carlsbad General Plan update (EIR 93-01) certified in September, 1994, in which a Statement of Overriding Considerations was adopted for cumulative impacts to air quality and traffic. All feasible mitigation measures identified by the MEIR which are appropriate to this project have been incorporated into the project. An additional 720 ADT would be generated by the project, however, Poinsettia Lane was designed and constructed to accommodate this ADT. No additional roadway improvements ’ 72 LCPA 97-lo/MP 177(W)/CT 97-17/CP 98-IOKDP 97-46 - BRINDISI December 16,1998 are required. Mitigation measures related to noise and disclosure of noise impacts from Poinsettia Lane were brought forward to the present environmental assessment and included as mitigation measures; however, no new noise impacts are anticipated. Based on findings that no significant environmental impacts would result from the proposed development, the Planning Director issued a Mitigated Negative Declaration on August 1, 1998. ATTGCHMENTS: 1. Planning Commission Resolution No. 4435 (Neg. Dec.) 2. Planuing Commission Resolution No. 4436 (LCPA) 3. Planning Commission Resolution No. 4437 (MP) 4. Planning Commission Resolution No. 4441 (CT) 5. Planning Commission Resolution No. 4438 (CP) 6. Planning Commission Resolution No. 4439 (CDP) 7. Location Map 8. Disclosure Form 9. Background Data Sheet 10. Local Facilities Impact Assessment Form 11. Reduced Exhibits 12. Exhibits “A” - “O”, dated December 16, 1998 AL:eh:mh DISCLOSURE STATEMENT 1 Applicant’s statement or disclosure of certain ownership interests on all applications which will require 1 discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as “Any individual, fum. co-partnership, joint venture, association, social club, fraternal organisation, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county. city municipality, district or other political subdivision or any other group or combination acting as a unit.” Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant’s agent) Provide the COMPLETE, LEGAL names and addresses of @& persons having a financial interest in the application, If the applicant includes a cornoration or uartnershiu. include the names, title, addresses of all individuals owning more than IO’% of the shares. IF NO INDJVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON- APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned cornoration. include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Carp/Part See Attached Title Title Address Address 2. OWNER (Not the owner’s agent) Provide the COMPLETE, LEdAL names and addresses of & persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or Partnershin. include the .names. title. addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv- owned corporation. include the names. titles. and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Carp/Part See Attached Title Title Address Address . 2075 Las Palmas Dr. - Cartsbad, CA 92009-1576 l (760) 438-11610 FAX (760) 438-0894 a?! I -3 3). NON-PROFIT ORGANIZATION’OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organitation or a trust. list the names and addresses of ANY person serving as an offrcer or director of the non-profit oqanization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Title Address Address 4. Have you had more than $250 worth of business transacted with any member of City staff. Boards, Commissions, Committees and/or Council within the past twelve (12) months? cl Yes Liik No If yes, please indicate person(s): NOTE: Attach additional sheets if necessary. 1 certify that all the above information is true and correct to the best of my knowledge. See Attachment #1 .$$?ijg . Brehm-Aviara III Development Assoc. L.P. Brehm-Aviara III Development Assoc. L.P. Print or type name of owner Print or type name of applicant Signature of owner/applicant’s agent if applicable/date Print or type name of owner/applicant’s agent H:ADMIN\COUNfER\DISCLOSURE STATEMENT 5198 Paoe 2 of 2 Attachment # 1 Applicant: BRJZM-AVIARA III DEVELOPMENT ASSOCIATES, L.P., a Delaware limited partnership By: Brehm-Aviara Group, UC, a California limited liability company, its general partner By: The Brehm Companies, LLC, a California limited liability company, its manager . Owner: BREH?vI-AVIARA III DEVELOPMENT ASSOCIATES, L.P., a Delaware limited partnership By: Brehm-Aviara Group, LLC, a California limited liability company, its general partner By: The Brehm Companies, LLC, a California limited liability company, its manager C Attachment to Disclosure Statement 1. Applicant: Brehm-Aviara III Development Associates, L.P. 2835 Camino De1 Rio South, Suite 220 San Diego, CA 92108 Brehm-Aviara Group, LLC 2835 Camino De1 Rio South, Suite 220 San Diego, CA 92108 The Brehm Companies 2835 Camino De1 Rio South, Suite 220 San Diego, CA 92108 Lumbermen’s Investment Corporation P.O. Box 2030 Austin, TX 78768 Prudential Insurance Company of America CO-PAMG-Real Estate 4320 La Jolla Village Drive, Suite 205 CALPers Investment Office P.O. Box 2749 Sacramento, CA 95812-2749 2. Owner: Brehm-Aviara III Development Associates, L.P. 2835 Camino De1 Rio South, Suite 220 San Diego, CA 92108 Brehm-Aviara Group, LLC 2835 Camino De1 Rio South, Suite 220 San Diego, CA 92108 The Brehm Companies 2835 Camino De1 Rio South, Suite 220 San Diego, CA 92 108 Lumbermen’s Investment Corporation P.O. Box 2030 Austin, TX 78768 Prudential Insurance Company of America CO-PAMG-Real Estate 4320 La Jolla Village Drive, Suite 205 CALPers Investment Office P.O. Box 2749 Sacramento, CA 958 12-2749 - BACKGROUND DATA SHEET CASE NO: LCPA 97-lO/MPA 177(Wj/CT 97-17KP 98-10 /CDP 97-46 CASE NAME: Brindisi - Planninn Area 19 APPLICANT: &&m-Aviara Development. Ltd. Partnership REQUEST AND LOCATION: A Local Coastal Plan Amendment. Master Plan Amendment, Tentative Tract Map, Condominium Permit and Coastal Development Permit to construct a 90 unit multi-familv. attached condominium nroiect on 8.2 acres located in Planning Area 19 of the Aviary Master Plan. at the northeast comer of Ambrosia Lane and Poinsettia Lane. LEGAL DESCRIPTION: Lots 3 and 4 inclusive of City of Carlsbad Tract No. 92-3 Aviara Phase III. Unit No. 1. in the City of Carlsbad. County of San Dieeo. State of California. according to Map thereof No. 13434. filed in the Office of the County Recorder of San Dieao Countv. June 23.1997. APN: 215-841-02 & 03 Acres: 8.2 Proposed No. of Lots/Units: 90 GENERAL PLAN AND ZONING Land Use Designation: RH Density Allowed: 109 multi-family units Density Proposed: 90 multi-family units Existing Zone: Proposed Zone: NA PC Surrounding Zoning and Land Use: Zoning Land Use 1 North 1 PC 1 OS (future park site) South PC East RDM-Q West PC RMH (proposed 290 unit apt site) RIM (184 condos) OS (future park site) PUBLIC FACILITIES School District: Carlsbad Water District: Carlsbad Sewer District: Carlsbad Equivalent Dwelling Units (Sewer Capacity): 90 Public Facilities Fee Agreement, dated: Sentember 29. 1997 ENVIRONMENTAL IMPACT ASSESSMENT [XI Mitigated Negative Declaration, issued July 27. 1998 cl Certified Environmental Impact Report, dated 0 Other, - CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Brindisi. LCPA 97- 1 O/MP 177(W)/CT 97-l 7/CP 98-l O/CDP 97-46 LOCAL FACILITY MANAGEMENT ZONE: 19 GENERAL PLAN: RH ZONING: PC - Planned Community DEVELOPER’S NAME: Brehm-Aviara III Development Associates. L. ADDRESS: 7835 Camino de1 Rio North. Suite 220. San Diego. CA 92108 PHONE NO.: 619-293-7090 ASSESSOR’S PARCEL NO.: 215-841-02 and 03 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 8.2 acres. 90 condos A. B. C. D. E. F. G. H. I. J. K. L. City Administrative Facilities: Demand in Square Footage = Library: Demand in Square Footage = Wastewater Treatment Capacity (Calculate with J. Sewer) Park: Demand in Acreage = Drainage: Demand in CFS = Identify Drainage Basin = (Identify master plan facilities on site plan) Circulation: Demand in ADT = (Identify Trip Distribution on site plan) Fire: Served by Fire Station No. = Open Space: Acreage Provided = Schools: (Demands to be determined by staff) Sewer: Demands in EDU Water: Demand in GPD = 724.2 sq. ft. 386.6 sq. ft. 90 EDU 1.45 acres NA D 720 ADT Station No. 4 NA CUSD 90 19.800 GPD The project is 65 units under the Growth Management Dwelling unit allowance and 19 units under the Master Plan unit allowance. 19 L- 1 if I i Q e -e 1 ! I , ’ “i)i/ 0 8 : I I 1 I ; MD- - ,I,’ e=.--p UI IL II a ~q?p~ ERINDISI- P. A. 19 TENTATIVE MAP -w I II au.-tiU-LT CT 97-17 A I I- i t- _.- tm “CmE) .*,a2 txrrr a-as1 “O,B.? N r-+--- - 83 ! ‘rn ~~D.ocl “RBZ I t- I I - EXHIBIT 6 4. LCPA 97-lo/MP 177(W!/CT 97-171CP 98-1OlCDP 97-46 - BRINDISI - Request for the approval of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Local Coastal Program Amendment, Masier Plan Amendment, Tentative Tract Map, Condominium Permit and PLANNING COMMISSION December 16,1998 Coastal Development Permit to construct a 90 unit, multi-family, attached airspace condominium project on 8.2 acres located in Planning Area 19 of the Aviara Master Plan, at the northeast corner of Ambrosia Lane and Poinsettia Lane in Local Facilities Management Zone 19. Assistant Planning Director, Gary Wayne, introduced this item and stated that Principal Planner, Adrienne Landers would present the staff report. Project Planner, Adrienne Landers employed the use of a series of slides in her presentation of the staff report and described the project as follows: This is a request for a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Local Coastal Program Amendment, Master Plan Amendment, Tentative Tract Map, Condominium Permit and Coastal Development Permit to construct a 90 unit, multi-family, attached airspace condominium project on 8.2 acres located in Planning Area 19 of the Aviara Master Plan, at the northeast corner of Ambrosia Lane and Poinsettia Lane. The site is adjacent to a 184 unit condominium project, Poinsettia Heights, to the east, and 288 unit luxury apartment project to the south. To the north and west of the site is a future city park. In all likelihood, there will be a parking lot located on the north side of the project adjacent to the proposed project. This is a previously graded site and at this time is considered an infrll project in the Aviara Master Plan. The proposed condominium project will have a Mediterranean style of architecture and is planned to have 13 six-plexes and 4 tri-plexes. The units are 28.5 feet high and range in size from approximately 1,300 square feet to 2,200 square feet. The homes are designed in a somewhat of a circular fashion with units fronting on a 32 foot wide private street with guest parking on one side of the street. Each of the buildings is designed around an interior courtyard, complemented with enhanced paving and either a trellis or bench to create more of a neighborhood feeling rather than only a driveway. The courtyard will provide internal access to four units with the two outside units taking access directly off the private street and having driveways approximately 20 feet in length. One or two small parking areas will provide additional guest parking. Approximately 27 of the driveways will be of the 20 foot length and will provide additional guest parking opportunities. Because the property is zoned PC, the Aviara Master Plan included standards and criteria for development of this site. Although the project is required to comply with the PD ordinance, the Municipal Code does allow the Master Plan to override certain standards. Therefore the Master Plan must be amended if the standards are going to be revised to permit the proposed product type and design. The applicant is requesting six revisions to the Aviara Master Plan. The first is a reduction in building height from 35 feet to 28.5 feet. The second revision requests a reduction in the setback from Poinsettia Lane, from 50 feet to 40 feet, as was approved for the project to the east and the apartment project across the street from this project. The third request is for a 50 foot setback along the easterly property line and a 15 foot setback from the top of slope. This means that there is an average 40 foot distance from the homes to the property line with 60 foot distance between the adjacent housing projects. The fourth modification to the Master Plan is a request to allow an open fence to be replaced with a solid fence along the park property line to provide more privacy. Also requested is a 20 foot setback from the interior private streets. The next request is to modify the code requirements from a 30 foot driveway, with a 5 foot setback on each side, to a 24 foot driveway with a 5 foot setback on each side. That results in a 34 foot distance between livable spaces on each side of the courtyard. A vehicular field test was conducted, using a Chevrolet Suburban and a full sized pick-up truck. The test determined that there would be no difficulty with vehicular turning movements. The project is consistent with all relevant land use policies. The land use density is consistent with the 109 unit maximum allowed number of multi-family units permitted by the Master Plan. The projects 14 unit affordable housing obligation has already been met at a Master Plan level through the construction of Villa Loma. As designed and conditioned, the project complies with all of the applicable requirements of the subdivision ordinance, the planned development ordinance, and all coastal regulations. Based on findings that there are no significant environmental impacts that would occur as a result of this project, a Mitigated Negative Declaration was issued. No comments were received so staff is recommending approval of the proposed project. Ms. Landers presented the following modifications to the Conditions of Resolution No. 4441: Delete Conditions No. 32, 52, 54, 55, 56, & 57; Add to Condition No. 53, the words water meters, - to read . . . pressure reducing stations, water meters, and appurtenances . . . ; and, add the words on Private Street PLANNING COMMISSION December 16,1998 Page 11 A, to read . . . within easements on Private Street A granted to the District . . . Commissioner Compas asked if this particular product design has been built anywhere else and if so, what has been the result. Ms. Landers replied that she is unsure if this particular product design has been built in any other city, but certainly not within the City of Carlsbad. She identified some projects, however, that are similar in design. Referring to Table B in the staff report, Commissioner Welshons asked Ms. Landers to explain what kind of access to the park site will be provided. Ms. Landers explained that the Master Plan states that there must be access provided to the park site but it does not specify what kind of access. There have been a number of negotiations conducted between the City and the Aviara Company, regarding grading, resulting in improved access to the park site. Associate Engineer, Clyde Wickham explained that there is a differential of about 8 feet between the proposed project site and the park site. The future design of the park is not quite finalized and to grade, now would not be advantageous to the City. Commissioner Welshons commented that if that is the case, then that may affect the first change to the Master Plan regarding the building height, in that the building heights cannot exceed 28 feet on the buildings abutting the park site. Ms. Landers responded by stating that park staff has not indicated that they plan to lower the park pad down to the present elevation of Ambrosia Lane. They have indicated that there will be a sloped driveway leading up to the park. Commissioner Welshons expressed concern regarding the uncertainty of the park elevation, in relation to the homes. Mr. Wickham stated that from what is known at this time, the park is going to be slightly higher (approximately 5 or 6 feet) than this proposed project site. Commissioner Welshons asked who owns the down-slope on the easterly boundary of the project and who will maintain it. Ms. Landers replied that the slope will be owned by the Homeowners Association as a common area and will also be maintained by the association. She also pointed out that there will be approximately 20 feet in elevation difference between the highest and lowest of the building pads along that boundary. Commissioner Welshons asked which pads are less than 40 feet from eastern property line. Ms. Landers replied that the homes that are closest are 32 feet from the property line and since the pads are staggered, the average setback is 40 feet. Applicant, Paula Lombardi, representing the Brehm Companies, 2835 Camino del Rio South, San Diego, stated that it is hoped that construction and production will begin early in 1999. She stated that she had a full staff present to answer any questions. Commissioner Compas asked if this particular product has been built anywhere else. Ms. Lombardi replied that she is not aware of this particular design having been built anywhere else in this area. However, there are some similar ones in the San Francisco Bay Area and they have been very successful. MINUTES ” Page 12 PLANNING COMMISSION December 16,1998 Commissioner Compas asked what the price of these units will be. Ms. Lombardi replied that they will probably be in the range of $230,000. Commissioner Savary questioned the accessibility for emergency vehicles. The Brehm Companies Traffic Engineer responded by stating that the Aviara Master Plan designed this access point as a single point of access. After lengthy consideration, it was determined that an access point onto Poinsettia could be more of a hazard and it was decided to create a wider entrance with 2 lanes entering and 1 lane exiting. Ms. Landers added that the Carlsbad Fire Department is satisfied that the emergency access is adequate as long as all of the units are fully sprinklered (which is one of the conditions). Chairperson Noble opened Public Testimony and offered the invitation to speak. Seeing no one wishing to testify, Chairperson Noble closed Public Testimony. MAIN MOTION: ACTION: MOTION TO AMEND: ACTION: Motion by Commissioner Compas, and duly seconded, to adopt Planning Commission Resolutions No. 4435, 4436, 4437, 4441, 4438, and 4439 respectively, recommending approval of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, LCPA 97-10, MPA 177(W), CT 97- 17, CP 98-10, and CDP 97-46, based upon the findings and subject to the conditions contained therein, including the deletions and modifications as presented by staff. Motion by Commission Welshons that the project be required to comply with the 50 foot setback on the eastern property line. No second - Motion failed VOTE ON MAIN MOTION: VOTE: 7-o AYES: Noble, Heineman, Savary, Monroy, Welshons, Compas, and Nielsen NOES: None ABSTAIN: None Chairperson Noble announced that the Commission’s action on this item is not final and will be forwarded to the City Council for its consideration. 98 - NOTICE OF PUBLIC HEARING - DESCRIPTION: COMPLETE DATE: June 9,1998 A request for approval of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, a Local Coastal Program Amendment, Master Plan Amendment, Tentative Tract Map, Condominium Permit, and Coastal Development Permit, to construct a 90 unit, multi-family, attached airspace condominium project on 8.2 acres located within Planning Area 19 of the Aviara Master Plan, including a request to revise development standards required by the master plan for this planning area. LOCATION: This project is within the City of Carlsbad’s Coastal Zone at the northeast corner of Ambrosia Lane and Poinsettia Lane in Local Facilities Management Zone 19. ASSESSOR’S PARCEL NUMBER: 215-841-02 and 03 APPLICANT: Brehm-Aviara III Development Assoc. L P. A public hearing on the above proposed project will be held by the City Council in the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on February 16, 1999 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 February 12, 1999. If you have any questions, or would like to be notified of the decision, please contact Adrienne Landers 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:OO p.m. at 2075 Las Palmas Drive, Carlsbad, California 92009, (760) 438- 1161, extension 445 1. APPEALS The time within which you may judicially challenge the Tentative Tract Map, if approved, is established by state law and/or city ordinance and is very short. If you challenge the Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, Local Coastal Program Amendment, Master Plan Amendment, Tentative Tract Map, Condominium 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. Auueals 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: El This site is located within the Coastal Zone Appealable Area. El This site is not located within the Coastal Zone Appealable Area. Where the decision is appealable to the Coastal Commission, appeals must be riled 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 92 108- 1725. CASE FILE: MP 177(W)/LCPA 97-1 O/CT 97- 17/CP 98- lO/CDP 97-46 - Brindisi CASE NAME: Brindisi PUBLISH: February 5,1999 (Form A) TO: CITV CLERK’S OFFICE FROM: PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notice up 177(w)/~Cp~ g7-lo/CT 97-17/cP 98-lO/CDP 97-46 - Brindisi for a public hearing before the City Council. Please notice-t)re item he council meeting of First available hearing BUT NOT Z/9/99 Thank you. January 6, 1999 Date NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, December 16, 1998, to consider a request for the approval of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Local Coastal Program Amendment, Master Plan Amendment, Tentative Tract Map, Condominium Permit and Coastal Development Permit to construct a 90 unit, multi-family, attached airspace condominium project on 8.2 acres on property generally located in Planning Area 19 of the Aviara Master Plan, at the northeast comer of Ambrosia Lane and Poinsettia Lane in Local Facilities Management Zone 19 and more particularly described as: Lots 3 and 4 of City of Carlsbad Tract 92-3, Aviara Phase III Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 13434, filed in the office of the County Recorder of San Diego County, on June 23,1997 Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after December 10, 1998. If you have any questions, please call Adrienne Landers in the Planning Department at (760) 438-l 161, extension 4451. If you challenge the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Local Coastal Program Amendment, Master Plan Amendment, Tentative Tract Map, Condominium Permit and 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 at or prior to the public hearing. Any challenge must be made within the prescribed time frames established by law. CASE FILE: LCPA 97-l O/MP 177(W)/CT 97-17/CP 98-l O/CDP 97-46 CASE NAME: BRINDISI PUBLISH: DECEMBER 3,1998 CITY OF CARLSBAD PLANNING DEPARTMENT 2075 Las Palmas Dr. - Carlsbad, CA 92009-l 576 - (760) 438-11610 FAX (760) 438-0894 @ i - r CARLSBAD UNIF SCHOOL DIST 801 PINE AVE CARLSBAD CA 92008 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CALIF DEPT OF FISH & GAME STE 50 330 GOLDENSHORE LONG BEACH CA 90802 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 2730 LOKER AVE WEST CARLSBAD CA 92008 CITY OF CARLSBAD MUNICIPAL WATER DISTRICT SD COUNTY PLANNING STE B 5201 RUFFIN RD SAN DIEGO CA 92123 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 REGIONAL WATER QUALITY STE B 9771 CLAIREMONT MESA BLVD SAN DIEGO CA 92124-1331 AIR POLLUTION CNTRL DIST 9150 CHESAPEAKE DR SAN DIEGO CA 92123 CA COASTAL COMMISSION STE 200 3111 CAMINO DEL RIO NO SAN DIEGO CA 92108 CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT CITY OF ENCINITAS 505 S VULCAN AVE ENCINITAS CA 92024 CITY OF VISTA PO BOX 1988 VISTA CA 92085 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 CITY OF CARLSBAD PUBLIC WORKS/COMMUNITY SERVICES PROJECT PLANNER ADRIENNE LANDERS . CHRISTOPHER D BUNCE 1705 CARINGA WAY CARLSBAD CA 92009 TERRY & MARGARET REITER MICHAEL F SFREGOLA 6 SADDLEBACK RD 1052 HYDE PARK DR PALOS VERDES PEN1 90274 SANTA ANA CA 92705 ROBERT L & NINA WHITNEY WILLIAM P BOWEN 850 DEL MAR DOWNS RD 31 14088 E KAMM AVE SOLANA BEACH CA 92075 KINGSBURG CA 93631 GUY S MOORE 6503 EL CAMINO REAL CARLSBAD CA 92009 JEFFERSON AT AVIARA LP AVIARA LAND ASSOCIATES BREHM-AVIARA III DEVELO 450 NEWPORT CENTER DR 3 450 NEWPORT CENTER DR 3 2835 CAMINO DEL RIO S 2 NEWPORT BEACH CA 92660 NEWPORT BEACH CA 92660 SAN DIEGO CA 92108 CHRISTOPHER D BUNCE 1705 CARINGA WAY CARLSBAD CA 92009 *** 20 Printed *+* NED GOOD DIANE SCOTT STE 600 AVIARA MASTER HOMEOWNERS ASSOC 70 S LAKE AVE 7243 SPOONBILL PASADENA CA 92101-2601 CARLSBAD CA 92009 THOMAS & JANET MASS 2851 TORRY CT CARLSBAD CA 92009 . Kelly M. Smith 1715 Camassia Lane Carlsbad CA 92009 Joan H. Hecht-Baumann 1703 Camassia Lane Carlsbad Ca 92009 Stephanie B. Bourne 6467 Kingbird Lane Carlsbad Ca 92009 Michael Andrew Tylman 6455 Kingbird Road Carlsbad Ca 92009 Albert J. Vodvarka Catherine Vodvarka 1702 Camassia Lane Carlsbad Ca 92009 Arthur R. Taylor Phyllis D. Taylor 1711 Camassia Lane Carlsbad CA 92009 Sayed M. Samsam-Shariat Roya Damadzadeh 6475 Kingbird Carlsbad Ca 92009 Kevin D. Hill Bobbi L. Hill 6463 Kingbird Lane Carlsbad Ca 92009 Mark A. Johnson 6451 Kingbird Lane Carlsbad Ca 92009 Christine M. O’Connor 1706 Camassia Lane Carlsbad CA 92009 Lisa Larkin 1707 Camassia Lane Carlsbad Ca 92009 Gary L. Meyer Kristine a. Meyer 6471 Kingbird Lane Carlsbad Ca 92009 Nancy A. Mezzanotti 6459 Kingbird Road Carlsbad Ca 92009 Karen A. Firenzi 6447 Kingbird Lane Carlsbad Ca 92009 Francis D. Kattus Sharon Kattus 1710 Camassia Lane Carlsbad Ca 92009 Ryan Green 1714 Camassia Lane Carlsbad Ca 92009 . H:\ADMNLABELS\LCP INTERESTED PARTIES UPDATED 1 l-96 OLIVENHAIN M.W.D. 1966 OLIVENHAIN ROAD ENCINITAS CA 92024 CRAIG ADAMS SIERRA CLUB SAN DIEGO CHAPTER 3820 RAY SAN DIEGO CA 92101 LESLIE ESPOSITO 1893 AMELFI DRIVE ENCINITAS CA 92024 LANIKAI LANE PARK SHARP; SPACE 3 6550 PONTO DRIVE CARLSBAD CA 92008 KIM SEIBLY SAN DIEGO GAS & ELECTRIC PO BOX 1831 SAN DIEGO CA 92112 PERRY A LAMB 890 MERE POINT ROAD BRUNSWICK MAINE 04011 RICHARD RETECKI COASTAL CONSERVANCY SUITE 1100 1330 BROADWAY OAKLAND CA 94612 DALE/DONNA SCHREIBER 7163 ARGONAURA WAY CARLSBAD CA 92009 COPIES TO: + CITY CLERK + MAIN LIBRARY + BRANCH LIBRARY + WATER DISTRICT CITY OF ENCINITAS COM DEV DEPARTMENT 505 S VULCAN AVE ENCINITAS CA 92024 REGIONAL WATER QUAL. BD EXECUTIVE OFFICER SUITE B 9771 CLAIREMONT MESA BLVD SAN DIEGO CA 92124 GUY MOORE JR 6503 EL CAMINO REAL CARLSBAD CA 92009 CYRIL AND MARY GIBSON 12142 ARGYLE DRIVE LOS ALAMITOS CA 90702 JOHN LAMB 1446 DEVLIN DRIVE LOS ANGELES CA 90069 MARY GRIGGS STATE LANDS COMMISSSION SUITE 100 SOUTH 100 HOWE AVE SACRAMENTO CA 95825-8202 SAN DIEGO COUNTY PLANNING & LAND USE DEPT JOAN VOKAC - SUITE B-5 5201 RUFFIN ROAD SAN DIEGO CA 92123 ANTHONY BONS’ 25709 HILLCREST AVE ESCONDIDO CA 92026 MR/MRS MICHAEL CARDOSA 6491 EL CAMINO REAL CARLSBAD CA 92008 U.S. FISH & WILDLIFE SERVICES 2730 LOKER AVE WEST CARLSBAD CA 92008 TABATA FARMS PO BOX 1338 CARLSBAD CA 92018 KENNETH E SULZER SANDAG - EXEC DIRECTOR 1ST INT’L PLAZA, SUITE 800 401 B STREET SAN DIEGO CA 92101 JAN SOBEL CHAMBER OF COMMERCE PO BOX 1605 CARLSBAD CA 92008 BILL MCLEAN c/o LAKESHORE GARDENS 7201 AVENIDA ENCINAS CARLSBAD CA 92009 SPIERS ENTERPRISES DWIGHT SPIERS SUITE 139 23 CORPORATE PLAZA NEWPORT BEACH CA 92660 SUPERVISOR BILL HORN ATTN: ART DANELL COUNTY OF SD, ROOM 335 1600 PACIFIC HIGHWAY SAN DIEGO CA 92101 LEE ANDERSON CRA PRESIDENT 5200 EL CAMINO REAL CARLSBAD CA 92008 FLOYD ASHBY 416 LA COSTA AVE ENCINITAS CA 92024 CARLENE TIMM SAN DIEGO GAS & ELECTRIC PO BOX 1831 SAN DIEGO CA 92112 LABELS - 5163 LCPA MAILING LIST (GOVERNMENT AGENCIES) SANDAG (SAN DIEGO COUNTY) WELLS FARGO PLAZA SUITE 800 APPENDIX A (LIST IS REQUIRED BY COASTAL 401 B STREET COMMISSION) SANDIEGO CA 92101 DEPARTMENT OF JUSTICE DEPUTY ATTORNEY GENERAL ROOM 700 110 WEST A STREET SANDIEGO CA 92101 PUBLIC UTILITIES COMMISSION 350 MCALLISTER STREET SAN FRANCISCO CA 94103 OFFICE OF PLANNING AND RESEARCH OFFICE OF LOCAL GOVERNMENT AFAIRS 1400 TENTH STREET SACRAMENTO CA 95814 DEPARTMENT OF FOOD AND AGRICULTURE STEVE SHAFFER, AGRICULTURE RESOURCES ROOM 100 1220 N STREET SACRAMENTO CA 95814 BUSINESS, TRANSPORTATION & HSG AGENCY WILLIAM G. BRENNAN DEPUTY SECRETARY AND SPECIAL COUNCIL SUITE 2450 980 NINTH STREET SACRAMENTO CA 95814 DEPARTMENT OF TRANSPORTATION ROOM 5504 1120 N STREET SACRAMENTO CA 95814 DISTRICT 11 CALTRANS RESOURCES AGENCY TIM VASQUEZ, ENVIRONMENTAL PLANNING RM 1311 2829 SAN JUAN ST 1416 NINTH STREET SAN DIEGO CA 92138 SACRAMENTO CA 95812 i AIR RESOURCES BOARD ANNE GERAGHTY, MANAGER GENERAL PROJECTS SECTION PO BOX 2815 SACRAMENTO CA 95812 ENERGY RESOURCES, CONSERVATION AND DEVELOPMENT COMMISSION CHUCK NAJARIAN 15 16 NINTH STREET SACRAMENTO CA 95814 MARINE RESOURCES REGION, DR & G ENVIRONMENTAL SERVICES SUPERVISOR 350 GOLDEN SHORE LONG BEACH CA 90802 COASTAL CONSERVANCY SUITE 1100 1330 BROADWAY OAKLAND CA 94612 DEPARTMENT OF FISH AND GAME RONALD D REMPEL, CHIEF ENVIRONMENTAL SERVICES DIVISION RM 1341 1416 NINTH STREET SACRAMENTO CA 95814 DEPARTMENT OF FORESTRY DOUG WICKIZER, ENVIROMENTAL COORD RM 1516-2 14 16 NINTH STREET SACRAMENTO CA 958 14 SOUTHERN REGION SAN FRANCISCO BAY CONSERVATION JOHN WALSTROM, TECHNICAL SERVICES AND DEVELOPMENT COMMISSION 8885 RIO SAN DIEGO DRIVE BILL TRAVIS SAND DIEGO CA 92108 30 VAN NESS AVENUE SANFRANCISCO CA 95814 STATE LANDS COMMISSION DWIGHT SANDERS SUITE 1005 100 HOWE AVE SACRAMENTO CA 95825-8202 WATER RESOURCES CONTROL BOARD PO BOX 100 SACARAMENTO CA 95801 REGIONAL WATER QUALITY CONTROL BOARD DEPARTMENT OF AGRICULTURE SUITE B ROBERT L. ERWIN, DIRECTOR 9771 CLAIREMONT MESA BLVD SUITE 1037 SAN DIEGO CA 92124-1331 630 SANSOME STREET SAN FRANCISCO CA 94111 DEPARTMENT OF AGRICULTURE ATTN: GARY RESOURCE CONSERVATIONIST SUITE 102 2121-C SECOND STREET DAVIS CA 95616 DEPARTMENT OF COMMERCE OFFICE OF OCEAN AND COASTAL L McGILVRAY 1825 CONNECTICUT AVENUE WASHINGTON DC 20235 U.S. ARMY CORPS OF ENGINEERS SUITE 700 333 MARKET STREET SAN FRANCISCO CA 94105 DEPARTMENT OF ENERGY 611 RYAN PLAZA DR STE 400 ARLINGTON TX 760 1 l-4005 USDA - RURAL DEVLOPMENT 430 ST DEPT 4169 DAVIS CA 95616 COUNCIL ON ENVIRONMENTAL QUALITY CHAIRMAN 722 JACKSON PLACE NORTH WEST WASHINGTON DC 2006 DEPARTMENT OF DEFENSE LOS ANGELES DISTRICT ENGINEER PO BOX 2711 LOS ANGELES CA 90053 DEPARTMENT OF DEFENSE COMMANDANT, ELEVENTH NAVAL DISTRICT DISTRICT CIVIL ENGINEER SAN DIEGO CA 92132 U. S. BUREAU OF LAND MANAGEMENT 2135 BUTANO DRIVE SACRAMENTO CA 95825 U. S. BUREAU OF RECLAMATION LOWER COLORADO REGION PO BOX 427 BOULDER CITY CO 89005 SUPERINTENDENT CHANNEL ISLANDS NATIONAL PARK 190 1 SPINNAKER DRIVE SAN BUENAVENTURA CA 93001 BUREAU OF INDIAN AFFAIRS RONALD M. JAEGER 2800 COTTAGE WAY SACRAMENTO CA 95825 CALIFORNIA COASTAL COMMISSION SUITE 200 3 111 CAMINO DEL RIO NORTH SAN DIEGO CA 92108 DEPARTMENT OF ENERGY CLIFFORD EMMERLING, DIRECTOR SUITE 350 901 MARKET STREET SAN FRANCISCO CA 94103 DEPARTMENT OF HOUSING AND URBAN DEVE DUNCAN LENT HOWARD, REGIONAL ADMIN 450 GOLDEN GATE AVENUE SAN FRANCISCO CA 94102 U. S. BUREAU OF RECLAMATION MID-PACIFIC REGION 2800 COTTAGE WAY SACRAMENTO CA 95825 DOUGLAS WARNOCK, SUPERINTENDENT REDWOOD NATIONAL PARK DRAWERN 1111 2ND STREET CRESCENT CITY CA 95531 U. S. FISH AND WILDLIFE SERVICE SUITE 130 33 10 EL CAMINO AVENUE SACRAMENTO CA 95821 BARRY BRAYER, AWP-8 FEDERAL AVIATION ADMINISTRATION WESTERN REGION PO BOX 92007 LOS ANGELES CA 90009 y ‘Lx- .z.. .~. CHRISTOPHER D BUNCE TERRY & MARGARET REITER MICHAEL F SFREGOLA 1705 CARINGA WAY 6 SADDLEBACK RD 1052 HYDE PARK DR MLSBAD CA 92009 PALOS VERDES PEN1 90274 SANTA ANA CA 92705 ROBERT L & NINA WHITNEY WILLIAM P BOWEN ROBERT L & NIJ$A-MI+iiEY 850 DEL MAR DOWNS RD 31 14088 E KAMM AVE SOLANA BEACH CA 92075 KINGSBURG CA 93631 GUY S MOORE 6503 EL CAMINO REAL cARLsBAD cA g200g AVIARA LAND ASS- WESTERN PACIFIC HOUSING DOROTHYH WHITE 450 NEWP NEW&sEFR9::6: 2385 CAMINO VIDA ROBLE 1704 CARINGA WAY CARLSBAD CA 92009 CARLSBAD CA 92009 __ _. CHRISTOPHER D BUNCE POINSETTIA HEIGHTS HOME 1705 CARINGA WAY 2385 CAMINO VIDA ROBLE CARLSBAD CA 92009 CARLsBAD--CA 92009 CARLSBAD CA 92009 *** 20 Printed +** CLERK NO COUNTY SUPERIOR GUY MOORE COURT CASE NO N 69883 325 SOUTH MELROSE DR VISTA CA 92083 NED GOOD SUITE 600 70 S LAKE AVE PASADENA CA 921101-2601 DIANE SCOTT THOMAS & JANET MASS AVIARA MASTER HOMEOWNER 2851 TORRY COURT 7243 SPOONBILL CARLSBAD CA 92009 CARLSBAD CA 92009 CALIF COASTAL COMMISSION *SUITE 200 3111 CAMINO DEL RIO NO SAN DIEGO CA 92108 C KELLY M SMITH 1715 CAMASSIA LANE CARLSBAD CA 92009 JOAN H HECHT-BAUMANN 1703 CAMASSIA LANE CARLSBAD CA 92009 STEPHANIE BOURNE 6467 KINGBIRD LANE CARLSBAD CA 92009 MICHAEL ANDREW TYLMAN 6455 KINGBIRD ROAD CARLSBAD CA 92009 ALBERT VODVARKA CATHERINE VODVARKA 1702 CAMASSIA LANE CARLSBAD CA 92009 ARTHUR TAYLOR PHYILLIS TAYLOR 1711 CAMASSIA LANE CARLSBAD CA 92009 SAYED SAMSAM-SHARIAT ROYA DAMADZAEDH 6475 KINGBIRD CARLSBAD CA 92009 KEVIN HILL BOBBI HILL 6463 KINGBIRD LANE CARLSBAD CA 92009 MARK JOHNSON 6451 KINGBIRD LANE CARLSBAD CA 92009 CHRISTINE O’CONNOR 1706 CAMASSIA LANE CARLSBAD CA 92009 LISA LARKIN 1707 CAMASSIA LANE CARLSBAD CA 92009 GARY MEYER KRISTINE MEYER 6471 KINGBIRD LANE CARLSBAD CA 92009 NANCY MEZZANO-lTl 6459 KINGBIRD RAOD CARLSBAD CA 29009 KAREN FIRENZI 6447 KINGBIRD LANE CARLSBAD CA 92009 FRANCIS KATTUS SHARON KATTUS 1710 CAMASSIA LANE CARLSBAD CA 92009 RYAN GREEN 1714 CAMASSIA LANE CARLSBAD CA 92009 A notice has been mailed t0 aI\ prr 2 -’ ,.: ~:i~mrs/occupantS G H:\ADMIN\LADELS\LCP INTERESTED PARTIES UPDATED II-96 OLIVENHAIN M.W.D. 1966 OLIVENHAIN ROAD ENCINITAS CA 92024 CRAIG ADAMS SIERRA CLUB SAN DIEGO CHAPTER 3820 RAY SAN DIEGO CA 92101 GUY MOORE JR 6503 EL CAMINO REAL CARLSBAD CA 92009 LESLIE ESPOSITO CYRIL AND MARY GIBSON 1893 AMELFI DRIVE 12142 ARGYLE DRIVE ENCINITAS CA 92024 LOS ALAMITOS CA 90702 LANIKAI LANE PARK SHARP; SPACE 3 6550 PONTO DRIVE CARLSBAD CA 92008 KIM SEIBLY SAN DIEGO GAS & ELECTRIC PO BOX 1831 SAN DIEGO CA 92112 PERRY A LAMB 890 MERE POINT ROAD BRUNSWICK MAINE 04011 RICHARD RETECKI COASTAL CONSERVANCY SUITE 1100 1330 BROADWAY OAKLAND CA 94612 DALE/DONNA SCHREIBER 7163 ARGONAURA WAY CARLSBAD CA 92009 CITY OF ENCINITAS COM DEV DEPARTMENT 505 S VULCAN AVE ENCINITAS CA 92024 REGIONAL WATER QUAL. BD EXECUTIVE OFFICER SUITE B 9771 CLAIREMONT MESA BLVD SAN DIEGO CA 92124 JOHN LAMB 1446 DEVLIN DRIVE LOS ANGELES CA 90069 MARY GRIGGS STATE LANDS COMMISSSION SUITE 100 SOUTH 100 HOWE AVE SACRAMENTO CA 95825-8202 SAN DIEGO COUNTY PLANNING & LAND USE DEPT JOAN VOKAC - SUITE B-5 5201 RUFFIN ROAD SAN DIEGO CA 92123 ANTHONY BdNS 25709 HILLCREST AVE ESCONDIDO CA 92026 MR/MRS MICHAEL CARDOSA 6491 EL CAMINO REAL CARLSBAD CA 92008 TABATA FARMS PO BOX 1338 CARLSBAD CA 92018 KENNETH E SULZER SANDAG - EXEC DIRECTOR IST INT’L PLAZA, SUITE 800 401 B STREET SAN DIEGO CA 92101 JAN SOBEL CHAMBER OF COMMERCE PO BOX 1605 CARLSBAD CA 92008 BILL MCLEAN c/o LAKESHORE GARDENS 7201 AVENIDA ENCINAS CARLSBAD CA 92009 SPIERS ENTERPRISES DWIGHT SPIERS SUITE 139 23 CORPORATE PLAZA NEWPORT BEACH CA 92660 SUPERVISOR BILL HORN AlTN: ART DANELL COUNTY OF SD, ROOM 335 1600 PACIFIC HIGHWAY SAN DIEGO CA 92101 LEE ANDERSON CRA PRESIDENT 5200 EL CAMINO REAL CARLSBAD CA 92008 FLOYD ASHBY 416 LA COSTA AVE ENCINITAS CA 92024 CARLENE TIMM SAN DIEGO GAS & ELECTRIC PO BOX 1831 SAN DIEGO CA 92112 COPIES TO: CITY CLERK MAIN LIBRARY BRANCH LIBRARY WATER DISTRICT U.S. FISH & WILDLIFE SERVICES 2730 LOKER AVE WEST CARLSBAD CA 92008 . U. S. BUREAU OF LAND MANA,,MENT 2 135 BUTANO DRIVE SACRAMENTO CA 95825 U. S. BUREAU OF RECLAMATION LOWER COLORADO REGION PO BOX 427 BOULDER CITY CO 89005 SUPERINTENDENT CHANNEL ISLANDS NATIONAL PARK 1901 SPINNAKER DRIVE SAN BUENAVENTURA CA 93001 BUREAU OF INDIAN AFFAIRS RONALD M. JAEGER 2800 COTTAGE WAY SACRAMENTO CA 95825 CALIFORNIA COASTAL COMMISSION SUITE 200 3 111 CAMINO DEL RIO NORTH SAN DIEGO CA 92 108 DEPARTML, ‘1 I OF ENERGY CLIFFORD EMMERLING, DIRECTOR SUITE 350 90 1 MARKET STREET SAN FRANCISCO CA 94103 DEPARTMENT OF HOUSING AND URBAN DEVE DUNCAN LENT HOWARD, REGIONAL ADMIN 450 GOLDEN GATE AVENUE SAN FRANCISCO CA 94102 U. S. BUREAU OF RECLAMATION MID-PACIFIC REGION 2800 COTTAGE WAY SACRAMENTO CA 95825 DOUGLAS WARNOCK, SUPERINTENDENT REDWOOD NATIONAL PARK DRAWER N 1111 2ND STREET CRESCENT CITY CA 95531 U. S. FISH AND WILDLIFE SERVICE SUITE 130 33 10 EL CAMINO AVENUE SACRAMENTO CA 95821 REGIONAL WATER QUALITY CONTROL BOARD DEPARTMENT OF AGRICULTURE SUITE B ROBERT L. ERWIN, DIRECTOR 977 1 CLAIREMONT MESA BLVD SUITE 1037 SAN DIEGO CA 92124-1331 630 SANSOME STREET SAN FRANCISCO CA 94111 DEPARTMENT OF AGRICULTURE ATTN: GARY RESOURCE CONSERVATIONIST SUITE 102 2121-C SECOND STREET DAVIS CA 95616 DEPARTMENT OF COMMERCE OFFICE OF OCEAN AND COASTAL L McGILVRAY 1825 CONNECTICUT AVENUE WASHINGTON DC 20235 U.S. ARMY CORPS OF ENGINEERS SUITE 700 333 MARKET STREET SAN FRANCISCO CA 94 105 DEPARTMENT OF ENERGY 611 RYAN PLAZA DR STE 400 ARLINGTON TX 7601 l-4005 USDA - RURAL DEVLOPMENT 430 ST DEPT 4 169 DAVIS CA 956 16 COUNCIL ON ENVIRONMENTAL QUALITY CHAIRMAN 722 JACKSON PLACE NORTH WEST WASHINGTON DC 2006 DEPARTMENT OF DEFENSE LOS ANGELES DISTRICT ENGINEER PO BOX 2711 LOS ANGELES CA 90053 DEPARTMENT OF DEFENSE COMMANDANT, ELEVENTH NAVAL DISTRICT DISTRICT CIVIL ENGINEER SAN DIEGO CA 92132 AIR RESOURCES BOARD ANNE GERAGHTY, MANAGER GENERAL PROJECTS SECTION PO BOX 2815 SACRAMENTO CA 95812 ENERGY RESOURCES, CONSERVATION AND DEVELOPMENT COMMISSION CHUCK NAJARIAN 15 16 NINTH STREET SACRAMENTO CA 95814 MARINE RESOURCES REGION, DR & G ENVIRONMENTAL SERVICES SUPERVISOR 350 GOLDEN SHORE LONG BEACH CA 90802 SOUTHERN REGION JOHN WALSTROM, TECHNICAL SERVICES 8885 RIO SAN DIEGO DRIVE SAND DIEGO CA 92108 STATE LANDS COMMISSION DWIGHT SANDERS SUITE 1005 100 HOWE AVE SACRAMENTO CA 95825-8202 COASTAL CONSERVANCJ’ SUITE 1100 1330 BROADWAY OAIUAND CA 94612 DEPARTMENT OF FISH AND GAME RONALD D REMPEL, CHIEF ENVIRONMENTAL SERVICES DIVISION RM 1341 1416 NINTH STREET SACRAMENTO CA 958 14 DEPARTMENT OF FORESTRY DOUG WICKIZER, ENVIROMENTAL COORD RM 1516-2 1416 NINTH STREET SACRAMENTO CA 958 14 SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION BILL TRAVIS 30 VAN NESS AVENUE SAN FRANCISCO CA 95814 WATER RESOURCES CONTROL BOARD PO BOX 100 SACARAMENTO CA 95801 LABELS - 5 163 LCPA MAILING LIST (GOVERNMENT AGENCIES) SANDAG (SAN DIEGO COLJNTY) WELLS FARGO PLAZA SUITE 800 APPENDIX A (LIST IS REQUIRED BY COASTAL 401 B STREET COMMISSION) SAN DIEGO CA 92101 DEPARTMENT OF JUSTICE DEPUTY ATTORNEY GENERAL ROOM 700 110 WEST A STREET SANDIEGO CA 92101 PUBLIC UTILITIES COMMISSION 350 MCALLISTER STREET SAN FRANCISCO CA 94103 OFFICE OF PLANNING AND RESEARCH OFFICE OF LOCAL GOVERNMENT AFAIRS 1400 TENTH STREET SACRAMENTO CA 95814 DEPARTMENT OF FOOD AND AGRICULTURE STEVE SHAFFER, AGRICULTURE RESOURCES ROOM 100 1220 N STREET SACRAMENTO CA 95814 BUSINESS, TRANSPORTATION & HSG AGENCY DEPARTMENT OF TRANSPORTATION WILLIAM G. BRENNAN ROOM 5504 DEPUTY SECRETARY AND SPECIAL COUNCIL 1120 N STREET SUITE 2450 SACRAMENTO CA 95814 980 NINTH STREET SACRAMENTO CA 95814 DISTRICT 11 CALTRANS RESOURCES AGENCY TIM VASQUEZ, ENVIRONMENTAL PLANNING RM 1311 2829 SAN JUAN ST 14 16 NINTH STREET SAN DIEGO CA 92138 SACRAMENTO CA 95812 BARRY BRAYER, AWP-8 FEDERAL AVIATION ADMINISTRATION WESTERN REGION PO BOX 92007 LOS ANGELES CA 90009 City February 22,1999 Brehm-Aviara Development Associates 2835 Camino del Rio North, Suite 220 San Diego, CA 92108 BR~itW$#~ BEVELUPMENT: CT 9~47~P4?7(w)IL6p”A 9%‘WCP 984OICDP 97-46 Enclosed for your reference are copies of Carlsbad City Council Agenda Bill No. 15,062, Resolution No. 99-67, and Ordinance NS-470. These documents went before the City Council on February 16, 1999, when the Resolution was adopted, as amended. The Ordinance was Introduced at that Council meeting, and will be adopted at the next Regular Council meeting. If you have any questions regarding your contract, please call Ms. Adrienne Landers in the Planning Department. Ms. Landers can be reached at (760) 438- 1 161, extension 4451. Kathleen D. Shoup Sr. Office Specialist 1200 Carlsbad Village Drive - Carlsbad, CA 92008-1989 - (760) 434-2808 @