HomeMy WebLinkAbout1999-04-20; City Council; 15150; Cristalla-Aviara PA 23CRISTALLA - AVIARA PA 23
MP 177(X)ILCPA 97-II/CT 97-201PUD 97-17ICDP 97-51
RECOMMENDED ACTION:
‘That Council INTRODUCE Ordinance No. NJ-43 9, amending the Aviara Master Plan (MP 177)
and ADOPT Resolution No. 99 - /.j’?, APPROVING the Master Plan Amendment, Local Coastal
Program Amendment, Tentative Tract Map, Planned Unit Development Permit and Coastal
Development Permit for the Cristalla - Aviara PA 23 project.
ITEM EXPLANATION:
On March 17, 1999, the Planning Commission conducted a public hearing and recommended
approval with a 7-O vote of the various legislative and development permits associated with the
Cristalla - Aviara PA 23 development. The proposal involves two components: I) changing the use
allocations and development standards of the Aviara Master Plan from a 142 unit multifamily
development to a 61 unit single-family air-space condominium development; and 2) allowing the
subdivision and grading of the development and the construction of the 61 single-family homes.
There are several conditions of approval, contained in Planning Commission Resolution No. 4472
that were modified or added at the Planning Commission. As discussed in the attached Planning
Commission Minutes, dated March 17, 1998, the revised and added conditions dealt with
dedications of utility easements over internal streets, frontage improvements to Black Rail Road and
Aviara Parkway, and securing access and use of the master plan recreational vehicle storage area.
There was also a finding and a condition added regarding the project’s relationship with the level of
service of the El Camino Real and Palomar Airport Road intersection. This issue is discussed in the
Environmental Review section below.
The proposed single-family, air-space condominium development is consistent with all applicable
rules, regulations and policies. Other than the developer’s statement of support for staffs
recommendation, there was no public testimony at the Planning Commission. Staff and the Planning Commission recommend approval of the Cristalla - Aviara PA 23 proposal.
ENVIRONMENTAL REVIEW:
The potential impacts of the proposed actions were already evaluated in four previous
environmental documents: the Negative Declaration and MEIR addendum for the Aviara PA 23
Master Plan Amendment and General Plan Amendment, the Mitigated Negative Declaration for the
Aviara Phase III Master Tentative Map, EIR 83-02(A) for the Aviara Master Plan and MEIR 93-01 for
the City’s 1994 General Plan Update. The proposal was deemed to be within the scope of the prior ElRs and Negative Declarations and no new environmental documentation nor Public Resources
Code 21081 findings were required. All feasible mitigation measures identified in the previous
environmental documents which were appropriate to this proposal were incorporated into the project. A Notice of Prior Environmental Compliance was issued and duly noticed on April 17, 1998
and no comments were received.
After circulating the Notice of Prior Environmental Compliance, the City received its annual Growth
Management Traffic Monitoring Report, which recorded an unanticipated intersection “level of service” (LOS) failure at Palomar Airport Road (PAR) and El Camino Real (ECR) during both the
a.m. and p.m. peak hours. This potentially creates a changed circumstance negating reliance on
previous environmental documentation. Pursuant to §I5162 of the CEQA Guidelines a lead agency must prepare a ‘Subsequent” environmental documentation if substantial evidence (i.e., the
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PAGE 2 OF AGENDA BILL NO. 15 150
recorded intersection failure) determines that a changed circumstance exists. However, case law
has interpreted this section of the CEQA Guidelines to not require the preparation of a “Subsequent
EIR” if mitigation measures are adopted which reduce the identified impacts to a level of insignificance.
A mitigation measure has been identified which, if implemented, will bring the peak hours LOS into
the acceptable range. The mitigation measure involves construction of two dual right turn lanes-
northbound to eastbound and westbound to northbound. This project has been conditioned to pay
its fair share of the intersection “short-term improvements” thereby, guaranteeing mitigation to a
level of insignificance.
GROWTH MANAGEMENT STATUS:
1 FACILITIES ZONE I 19 I
1 LOCAL FACILITIES MANAGEMENT PLAN 1 19 I
1 GROWTH CONTROL POINT (GCP) 7.8 du/ac
) NET DENSITY 3.3 du/ac
The proposed Cristalla - Aviara Planning Area 23 development is 81 units below the Growth
Management dwelling unit allowance.
FISCAL IMPACT:
The fiscal impacts to the City are negligible since all development fees will be collected at time of
final map and building permit issuance. All public facilities necessary to serve the development will be in place prior to, or concurrent with, development.
EXHIBITS:
1.
2.
City Council Ordinance No. Ns-y7q
City Council Resolution No. 9 9 0 134
3. Location Map
4. Planning Commission Resolutions No. 4470, 4471,4472, 4473 and 4474
5. Planning Commission Staff Report, dated March 17, 1999
6. Excerpts of Planning Commission Minutes, dated March 17, 1999.
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ORDINANCE NO. NS-474
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING THE AVIARA MASTER
PLAN AMENDMENT RELATIVE TO THE CRISTALLA AVIARA
PA 23 PROPOSAL ON PROPERTY GENERALLY LOCATED
NORTH OF AVIARA PARKWAY, EAST AND WEST OF BLACK
RAIL ROAD IN THE SOUTHWEST QUADRANT.
CASE NAME: CRISTALLA - AVIARA PA 23
CASE NO.: MP 177(X)
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-three
times since original adoption, most recently for MP 177(W) through City Council Ordinance No.
NS-470 on March 2, 1999; and
WHEREAS, after procedures in accordance with requirements of the 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, California, 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 Cristalla Aviara Planning Area 23,
MP 177(X), Exhibit “Z”, dated March 17, 1999, 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 as
set forth in Planning Commission Resolutions No. 4470 shall also constitute the findings and
conditions of the City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
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published at least once in a publication of general circulation in the City of Carlsbad within
fifteen days after its adoption. (Not withsfanding the preceding, this ordinance shall not be
effective within the Cify’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 day of 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
Al-i-EST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
-2- 4
‘+RITE IT - DON’T SAY-T!
To File
From Isabelle Paulsen
Date June 17
fl Reply Wanted
q No Reply Necessary
1999
Exhibit Z, as noted in Ordinance No. NS-474 as being "attached hereto", was never received.
Exhibit Z was dated March 17, 1999.
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follows:
RESOLUTION NO. 99-139
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A MASTER PLAN
AMENDMENT, LOCAL COASTAL PROGRAM AMENDMENT,
TENTATIVE TRACT MAP, PLANNED UNIT DEVELOPMENT
PERMIT AND COASTAL DEVELOPMENT PERMIT FOR THE
CRISTALLA - AVIARA PA 23 DEVELOPMENT LOCATED
NORTH OF AVIARA PARKWAY, EAST AND WEST OF BLACK
RAIL ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 19, IN
THE SOUTHWEST QUADRANT.
CASE NAME: CRISTALLA - AVIARA PA 23
CASE NO.: MP 177(x)/LCPA 97-l l/CT 97-20/PUD 97-l 7/
CDP 97-51
The City Council of the City of Carlsbad, California, does hereby resolve as
WHEREAS, pursuant to the provisions of the Municipal Code; the Planning
Commission did, on March 17, 1999, hold a duly noticed public hearing as prescribed by law to
consider a Master Plan Amendment, Locat ,Coastal Prog.ram Amendment, Tentative Tract Map,
Planned Unit Development Permit, and Coastal Development Permit; and
WHEREAS, the City Council of the City of Carlsbad, on the 20 th day of
April 9 1999, held a duly noticed public hearing to consider said matters and at that
time received recommendations, objections, protests, comments of all persons interested in or
opposed to MP 177(X)/LCPA 97-l l/CT 97-20/PUD 97-17ICDP 97-51; 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(X)/LCPA 97-08/CT 97-2O/PUD 97-17/GDP 97-51 and that the
findings and conditions of the Planning Commission as set forth in Planning Commission Resolutions No. 4470, 4471, 4472, 4473, and 4474, on file with the City Clerk and made a part
hereof by reference, are the findings and conditions of the City.
3. This action is final the date this resolution is adopted by the City Council.
The provisions of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Judicial
Review” shall apply:
“NOTICE TO APPLICANT”
“The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, 3
!,,
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! ., 5:.
which has been made applicable in the City of Carlsbad by
Carlsbad Municipal Code Chapter 1.16. Any petition or other paper
seeking judicial review must be 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 2cthday of April 1999, by the following.vote, to wit:
A~ES:‘&uncil Members Lewis, Nygaard, Finr@l& & Hall
NOES: ‘None
‘: ‘i. : 1 :. ‘.
ATTEST:
ALETHA L. RAUTENKWNZ, City Cl&k
(SEAL)
-2- &
EXHIBIT
ARPORT
z
w”r :
~‘III’III#I: : : . . . . . . .
: . : . :
-- ,n
CRISTALLA - AVIARA P.A. 23
MP 177(X)/LCPA 97-l l/CT 97-20/
PUD 97-l 7iCDP 97-51 7
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PLANNING COMMISSION RESOLUTION NO. 447Q
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A MASTER PLAN AMENDMENT TO
REVISE USE ALLOCATION AND DEVELOPMENT
STANDARDS FOR AVIARA PLANNING AREA 23 ON
PROPERTY GENERALLY LOCATED ON THE NORTHEAST
CORNER OF AVIARA PARKWAY AND BLACK RAIL
COURT IN LOCAL FACILITIES MANAGEMENT ZONE 19.
CASE NAME: CRISTALLA - AVIAR4 PA 23
SE NO. . MP 177(X)
WHEREAS, Brehm - Aviara Development Associates, L.P, “Developer”, has
filed a verified application with the City of Carlsbad regarding property owned by Brehm -
Aviara Development Associates, L.P, “Owner”, described as
Lots 138 and 139 of Carlsbad Tract No. 92-3, Aviara Phase III,
Unit 6, according to Map No. 13512, filed in the Office of the
County Recorder on December 10, 1997, in the City of
Carlsbad, County of San Diego, State of California.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Master Plan
Amendment as shown on Exhibit “Z” dated March 17, 1999, attached hereto and on file in the
Carlsbad Planning Department CRISTALLA - AVIARA PA 23 - MP 177(X) 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 17th day of February, 1999
and on the 17th day of March, 1999, 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 Amendrnent.
WHEREAS, on December 22, 1987, the City Council approved, MP 177, as
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described and conditioned in Planning Commission Resolution No. 2594 and City Council 9
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Ordinance No. 9839; and amended most recently by MP 177(M) on December 1, 1998, as
described in City Council Ordinance No. NS 463.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
W That based on the evidence presented at the public hearing, the Commission
COMMENDS APPROVAL of CRISTALLA - AVL4RA PA 23 - MP
177(X) based on the following findings and subject to the following conditions:
Find-:
1. That the proposed development as described by Master Plan Amendment 177(X) is
consistent with the provisions of the General Plan and applicable specific plans, in that
the proposed density is within the Residential Medium Density land use designation,
all necessary public facilities and fire safety appurtenances will be in place
concurrent with need, all surrounding open space will be preserved, the
proportionate share of affordable housing is being provided in the Villa Loma
apartments, and all exterior noise levels will be reduced to 65 dBA CNEL or lower.
2. That all necessary public facilities can be provided concurrent with need and adequate
provisions have been provided to implement those portions of the Capital Improvement
Program applicable to the subject property, in that all of the facilities necessary to
support the proposed 61 unit single family development are already in place, or will
be in place, prior to issuance of any building permits.
3. That the residential and open space portions of the community will constitute an
environment of sustained desirability and stability, and that it will be in harmony with or
provide compatible variety to the character of the surrounding area, and that the sites
proposed for public facilities, such as schools, playgrounds and parks, are adequate to
serve the anticipated population and appear acceptable to the public authorities having
jurisdiction thereof, in that the development proposes no encroachment into the
surrounding open space and is conforming to the open space preservation plan for
the Aviara Master Plan, as determined in the Aviara Phase III Master Tentative
Map.
4. That the proposed commercial and industrial uses will be appropriate in area, location,
and overall design to the purpose intended, that the design and development are such as to
create an environment of sustained desirability and stability, and that such development
will meet performance standards established by Title 21, in that the proposed master
plan amendment does not alter or affect the visitor-serving commercial uses
associated with the Aviara Resort.
PC PESO NO. 4470 -2- 9
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5.
6.
7.
8.
9.
10.
That in the case of institutional, recreational, and other similar nonresidential uses, such
development will be proposed, and surrounding areas are protected from any adverse
effects from such development, in that the closest recreational use to the site is the
Aviara golf course, which is separated from the project site by Aviara Parkway.
That the streets and thoroughfares proposed are suitable and adequate to carry the
anticipated traffk thereon, in that a) the proposed development would create 81 fewer
dwelling units (a total of 61) than is allowed under the growth management dwelling
unit allowance for the subject property (142 units) and the surrounding street
system was master-planned to accommodate the traffic generated by the full growth
management dwelling unit allowance, and b) the principal street which serves the
project is Black Rail Road, a collector street with a traffic capacity that ranges
between 1,200 and 10,000 Average Daily Trips and the project would generate only
an estimated 610 daily trips.
That any proposed commercial development can be justified economically at the location
proposed and will provide adequate commercial facilities of the types needed at such
location proposed, in that no commercial development is proposed with this master
plan amendment.
That the area surrounding the development is or can be planned and zoned in
coordination and substantial compatibility with the development, in that the existing
land use designations of the surrounding properties are residential and open space,
similar and compatible with the project’s proposed residential and open space land
uses.
That appropriate measures are proposed to mitigate any adverse environmental impact as
noted in the adopted Environmental Impact Report for the project, in that all mitigation
measures required by the EIR for the Aviara Master Plan (EIR 83-02(A)) and the
EIR of the 1994 General Plan Update (MEIR 93-01) have been completed or are
incorporated into the project design.
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. Land Use - The project is consistent with the City’s General Plan since the
proposed density of 4.38 du/acre is within the density range of 4.0 to 8.0 du/acre
specified for the site as indicated on the Land Use Element of the General Plan,
and is below the growth control point of 6.0
B. Circulation - All street improvements will be completed prior to, or
concurrent with, development and are sized to accommodate 81 more
dwelling units than proposed.
PC RESO NO. 4470 -3-
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C.
D.
E.
F.
. . Condltlons . .
1.
2.
Noise - The project includes noise walls to reduce the exterior noise levels to
65 dBA CNEL or lower and will include mechanical ventilation to allow
interior noise levels to be reduced to 45 dBA CNEL or lower.
Housing - The project, by providing a different product type, is increasing
the mix of housing opportunities within the community and, through
creation of units in the Villa Loma apartments, is satisfying its fair share
provision of affordable housing.
Open Space and Conservation - The project proposes to maintain all existing
open space within the project site.
Public Safety - All weather access roads will be maintained throughout
construction and all necessary water mains, fire hydrants and appurtenances
with be in place prior to building occupancy.
Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Master Plan 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.
Approval of MP 177(X) is granted subject to the approval of LCPA 97-11, CT 97-20,
PUD 97-17 and CDP 97-51. MP 177(X) is subject to all conditions contained in
Planning Commission Resolutions No. 4471, 4472,4473, and 4474 for LCPA 97-11,
CT 97-20, PUD 97-17 and CDP 97-51, 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 tile 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
PC RESO NO. 4470 -4- /f
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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.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 17th day of March, 1999, by the
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heureux,
Nielsen, Noble, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
v - MICHAEL J. HOLZMELER
Planning Director
PC RESO NO. 4470 -5-
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\ P
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE IMPLEMENTING
ORDINANCE (AVIARA MASTER PLAN) OF THE MELLO I
SEGMENT OF THE CARLSBAD LOCAL COASTAL
PROGRAM TO REVISE THE USE ALLOCATION AND
DEVELOPMENT STANDARDS FOR PLANNING AREA 23,
THEREBY BRINGING THE MELLO I SEGMENT OF THE
LOCAL COASTAL PROGRAM AND THE AVIARA MASTER
PLAN INTO CONFORMANCE ON PROPERTY LOCATED JN
THE NORTHEAST CORNER OF AVIARA PARKWAY AND
BLACK RAIL ROAD IN LOCAL FACILITIES MANAGEMENT
ZONE 19.
CASE NAME: CRISTALLA - AVIARA PA 23
CASE NO: J CPA 97-l 1
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 Deveiopment Associates, L.P, “Developer”, has
filed a verified application for an amendment to the Local Coastal Program implementing
ordinances regarding property owned by Brehm - Aviara Development Associates, L.P,
“Owner”, described as
Lots 138 and 139 of Carlsbad Tract No. 92-3, Aviara Phase III,
Unit 6, according to Map No. 13512, filed in the Office of the
County Recorder on December 10, 1997, in the City of
Carlsbad, County of San Diego, State of California.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Local Coastal
Program Amendment as shown on Exhibit “Z” dated March 17, 1999, and attached to
Planning Commission Resolution No. 4470, 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 /3
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A
WHEREAS, the Planning Commission did on the 17th day of February, 1999
and on the 17th day of March, 1999, 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:
A) That the foregoing recitations are true and correct.
B) At the end of the State mandated six week review period, starting on July 27,
1998, and ending on September 7,1998, staff shall present to the City Council a
summary of the comments received.
C 1 That based on the evidence presented at the public hearing, the Commission
COMMENDS APPROVAL of Cristalla - Aviara PA 23 - LCPA 97-11
based on the following findings, and subject to the following conditions:
Findins:
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 it allows
consistency between the use allocation and development standards of the Aviara
Master Plan and the implementing ordinances without reducing the requirements
for slope preservation, habitat preservation and erosion control.
2. That the proposed amendment to the -Mello I segment of the Carlsbad Local Coastal
Program is required to bring the provisions of the Aviara Master Plan and the text of
the implementing ordinances into conformance with each other.
. . Condim . .
1. Staff is authorized and directed to make, or require Developer to make, all corrections and
modifications to the Tentative Tract Map document(s) necessary to make them internally
PC RESO NO. 4471 -2-
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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 LCPA 97-11 is granted subject to the approval of MP 177(X), CT 97-20,
PUD 97-17 and CDP 97-51. CT 97-20 is subject to all conditions contained in
Planning Commission Resolutions No. 4470, 4472, 4473, and 4474 for MP 177(X),
CT 97-20, PUD 97-17 and CDP 97-51, respectively.
3. Prior to effectuation of the Local Coastal Program Amendment, the Developer shall
receive approval of a Local Coastal Program Amendment issued by the California
Coastal Commission that substantially conforms to this approval. If the approval is
substantially different, an amendment this approval shall be required.
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. 4471 -3-
1 PASSED, APPROVED AND ADOPTED at a regular meeting to the Planning
2 Commission of the City of Carlsbad, held on the 17th day of March, 1999, by the following
3 vote, to wit:
4 AYES: Chairperson Heineman, Commissioners Compas, L’Heureux,
5 Nielsen, Noble, Savary, and Welshons
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NOES:
ABSENT:
ABSTAIN:
COURTNEY E. HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
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1 PLANNING COMMISSION RESOLUTION NO. 4472
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11 II Aviara Development Associates, L.P, “Owner”, described as
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CARLSBAD TRACT NUMBER CT 97-20 TO
SUBDIVIDE 18.2 ACRES INTO 26 LOTS CONTAINING 61
SINGLE FAMILY AIR SPACE CONDOMINIUM UNITS ON
PROPERTY GENERALLY LOCATED ON THE SOUTHEAST
CORNER OF AVIARA PARKWAY AND BLACK RAIL ROAD
IN LOCAL FACILITIES MANAGEMENT ZONE 19.
CASE NAME: CRISTALLA - AVIARA PA 23
CASE NO.: CT 97-20
WHEREAS, Brehm - Aviara Development Associates, L.P, “Developer”, has
filed a verified application with the City of Carlsbad regarding property owned by Brehm -
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Lots 138 and 139 of Carlsbad Tract No. 92-3, Aviara Phase III,
Unit 6, according to Map No. 13512, filed in the Office of the
County Recorder on December 10, 1997, in the City of
Carlsbad, County of San Diego, State of California.
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(“the Property”); and
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WHEREAS, said verified application constitutes a request for a Tentative Tract
Map as shown on Exhibits “A” - “W“ dated March 17, 1999, on file in the Planning
Department CRISTALLA - AVIARA PA 23 - CT 97-20, as provided by Title 20 of the
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Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of February, 1999
and on the 17th day of March, 1999, 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
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
of CRISTALLA - AVIARA PA 23 - CT 97-
20, based on the following findings and subject to the following conditions:
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6.
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 State
Subdivision Map Act, and will not cause serious public health problems, in that the
subdivision meets all standards and criteria contained in the Aviara Master Plan
and the applicable portions of the Zoning Ordinance, and will provide all necessary
infrastructure to serve the development.
That the proposed project is compatible with the surrounding existing and future land
uses since surrounding properties are designated for residential development on the
General Plan, in that the adjacent properties are, or will be developed, in accordance
with their residential General Plan land use designations, at densities equal to or
lower than the proposed development.
That the site is physically suitable for the type and density of the development since the
site is adequate in size and shape to accommodate residential development at the density
proposed, in that the proposed density of the single-family subdivision is within the
FUU density and the proposed development complies with all City Standards without
the need for variances or exceptions.
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 proposal provides for access to all properties and does not conflict with any
existing or proposed 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 proposed
predominant building orientation is to the south in order to capture as much
natural heating as possible.
/B PC RESO NO. 4472 -2-
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That the Planning Commission has considered, in connection with the housing proposed
by this subdivision, the housing needs of the region, and balanced those housing needs
against the public service needs of the City and available fiscal and environmental
resources;
That the design of the subdivision and improvements are not likely to cause substantial
environmental damage nor substantially and avoidably injure fish or wildlife or their
habitat, in that no sensitive species are impacted by the development since all on-site
open space is being preserved.
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
design gathers runoff into a storm drain system and the project is required to
provide Best Management Practices in accordance with the NPDES requirements.
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.
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F.
Land Use - The project is consistent with the City’s General Plan since the
proposed density of 4.38 du/acre is within the density range of 4.0 to 8.0 du/acre
specified for the site as indicated on the Land Use Element of the General Plan,
and is below the growth control point of 6.0.
Circulation - All street improvements will be completed prior to, or
concurrent with, development and a re-sized to accommodate more dwelling
units than proposed.
Noise - The project includes noise walls to reduce the exterior noise levels to
65 dBA CNEL or lower and will include mechanical ventilation to allow
interior noise levels to be reduced to 45 dBA CNEL or lower.
Housing - The project, by providing a different product type, is increasing the
mix of housing opportunities within the community and, through creation of
units in the Villa Loma apartments, is satisfying its fair share provision of
affordable housing.
Qpen Space and Conservation - The project proposes to maintain all existing
open space within the project site.
Public Safety - All weather access roads will be maintained throughout
construction and all necessary water mains, fire hydrants and appurtenances
with be in place prior to building occupancy.
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:
/9 PC RESO NO. 4472 -3-
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The project has been conditioned to ensure that the final map will not be approved
unless the City Council finds that sewer service is available to serve the project.
In addition, the project is conditioned such that a note shall be placed on the final
map that building permits may not be issued for the project unless the District
Engineer determines that sewer service is available, and building cannot occur
within the project unless sewer service remains available, and the District
Engineer is satisfied that the requirements of the Public Facilities Element of the
General Plan have been met insofar as they apply to sewer service for this project.
The project has been conditioned to provide proof from the Carlsbad Unified
School District that the project has satisfied its obligation for school facilities.
Park-in-lieu fees are required as a condition of approval.
All necessary public improvements have been provided or are required as
conditions of approval.
The developer has agreed and is required by the inclusion of an appropriate
condition to pay a public facilities fee. Performance of that contract and payment
of the fee will enable this body to find that public facilities will be available
concurrent with need as required by the General Plan.
The project has been conditioned to pay any increase in public facility fee, or new
construction tax, or development fees, and has agreed to abide by any additional
requirements established by a Local Facilities Management Plan prepared pursuant to
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued availability of
public facilities and will mitigate any cumulative impacts created by the project.
This project has been conditioned to comply with any requirement approved as part of the
Local Facilities Management Plan for Zone 19.
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
That this project could have a potentially significant negative cumulative traffic
impact on the Palomar Airport Road/El Camino Real intersection. However, this
project has been conditioned to pay its fair share of the “short-term improvements”
thereby, guaranteeing implementation of a mitigation measure that reduces the
potential impact to a level of insignificance.
. . CondIm . .
1. Staff is authorized and directed to make, or require Developer to make, all corrections
and modifications to the Tentative Tract Map document(s) necessary to make them
internally consistent and in conformity with final action on the project. Development
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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 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 resolution(s) on a 24” x 36” blueline drawing.
Said blueline drawing(s) shall also include a copy of any applicable Coastal Development
Permit and signed approved site plan.
5. 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.
6. 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 developer’s/subdivider’s agreement to pay the
public facilities fee dated November 10, 1998, a copy of which is on tile 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.
7. Prior to issuance of a building permits, the developer shall provide proof to the Director
from the Carlsbad Unified School District that this project has satisfied its obligation to
provide school facilities.
8. 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.
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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 97-20 is granted subject to the approval of MP 177(X), LCPA 97-11,
PUD 97-17 and CDP 97-51. CT 97-20 is subject to all conditions contained in
PC PESO NO. 4472
shall occur substantially as shown in the approved Exhibits. Any proposed development
different from this approval, shall require an amendment to this approval.
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Planning Commission Resolutions No. 4470, 4471, 4473, and 4474 for MP 177(X),
LCPA 97-11, PUD 97-17 and CDP 97-51, respectively.
11. Prior to approval of any final map for the project, the developer shall demonstrate
that the property has been annexed into an approved Master Homeowner’s
Association, in conformance with Section II.E.15 of the Aviara Master Plan (MP
177). Should, in the future, the Aviara Master Plan be covered by two Master
Homeowner’s Associations, then the developer shall annex Planning Area 23 into
either the existing Aviara Master Association or. the newly created Master
Homeowner’s Association prior to the approval of any final map for the project.
12. The Developer shall establish a sub-homeowner’s association and corresponding
covenants, conditions and restrictions, separate from the Master Homeowner’s
Association and covering all of Planning Area 23. 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&& that have been approved by the Department of Real Estate
and the Planning Director. At a minimum, the CC&Rs 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. Filr fA ” ssocratron to Maintain Common Area Lots and Easements. In the a u e o
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 J,evied 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
PC RESO NO. 4472 -6- ad
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invoice shall be due and payable by the Association within twenty (20) days of
receipt by the Association. If the Association shall fail to pay such invoice in full
within the period specified, payment shall be deemed delinquent and shall be
subject to a late charge in an amount equal to six percent (6%) of the amount of
the invoice. Thereafter the City may pursue collection from the Association by
means of any remedies available at law or in equity. Without limiting the
generality of the foregoing, in addition to all other rights and remedies available
to the City, the City may levy a special assessment against the Owners of each Lot
in the Project for an equal prorata share of the invoice, plus the late charge. Such
special assessment shall constitute a charge on the land and shall be a continuing
lien upon each Lot against which the special assessment is levied. Each Owner in
the Project hereby vests the City with the right and power to levy such special
assessment, to impose a lien upon their respective Lot and to bring all legal
actions and/or to pursue lien foreclosure procedures against any Owner and
his/her respective Lot for purposes of collecting such special assessment in
accordance with the procedures set forth in Article of this Declaration.
13. Prior to the issuance of the final map or grading permit, whichever occurs first, the
Developer shall submit to the City a Notice of Restriction to be filed in the office of the
County Recorder, subject to the satisfaction of the Planning Director, notifying all
interested parties and successors in interest that the City of Carlsbad has issued a
Tentative Tract Map, Planned Unit Development Permit, Coastal Development
Permit by Resolutions No. 4472, 4473, and 4474 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.
14. Trash receptacle areas shall be enclosed by a six-foot high masonry wall with gates
pursuant to City standards. Location of said receptacles shall be approved by the
Planning Director. Enclosure shall be of similar colors and/or materials to the project to
the satisfaction of the Planning Director.
15. All visitor parking spaces shall be striped a different color than the assigned resident
parking spaces and shall be clearly marked as may be approved by the Planning Director.
16. 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.
a3 PC RESO NO. 4472 -7-
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The first submittal of detailed landscape and irrigation plans shall be accompanied by the
project’s building, improvement, and grading plans.
Building identification and/or addresses shall be placed on all new and existing buildings
so as to be plainly visible from the street or access road; color of identification and/or
addresses shall contrast to their background color.
The Developer shall display a current Zoning and Land Use Map in the sales offrce at all
times, or suitable alternative to the satisfaction of the Planning Director.
All sales maps that are distributed or made available to the public shall include but not be
limited to trails, future and existing schools, parks and streets.
This project is being approved as a condominium permit for residential homeownership
purposes. If any of the units in the project are rented, the minimum time increment for
such rental shall be not less than 26 days. The CC&&s for the project shall include this
requirement.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy. This note shall be
placed on the final map.
Maintenance responsibilities for the common areas (to be maintained by the
homeowner’s association) and for the exclusive use areas (to be maintained by the
individual airspace unit owners) shall be as delineated on the Tentative Map and
Planned Development Site Plan exhibits, and this information shall also be shown
on the detailed landscape plan and final grading plan for the project. No building
permits shall be issued unless the Planning Department verifies that the
Condominium Plan (filed with the Department of Real Estate) is in conformance
with the Tentative Map and Planned Development Site Plan exhibits.
The Developer shall pay his fair share for the “short-term improvements” to the El
Camino Real/Palomar Airport Road intersection prior to approval of the final map
or the issuance of a grading permit, whichever occurs first. The amount shall be
determined by the methodology ultimately selected by Council, including but not
limited to, an increase in the City-wide traffk impact fee; an increased or new Zone
19 LFMP fee; the creation of a fee or assessment district; or incorporation into a
Mello-Roos taxing district.
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NOTE: Unless specifically stated in the condition, all of the following engineering
conditions upon the approval of this proposed major subdivision must be met
PC RESO NO. 4472 -8- 44
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25. 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.
26. There shall be one final subdivision map recorded for this project.
27. The developer shall defend, indemnify and hold harmless the City and its agents, officers,
and employees from any claim, action or proceeding against the City or its agents,
officers, or employees to attack, set aside, void or null an approval of the City, the
Planning Commission or City Engineer which has been brought against the City within
the time period provided for by Section 66499.37 of the Subdivision Map Act.
28. 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.
29. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, the developer shall submit to and receive approval from the City
Engineer for the proposed haul route. The developer shall comply with all conditions and
requirements the City Engineer may impose with regards to the hauling operation.
30.
31.
Rain gutters must be provided to convey roof drainage to an approved drainage course or
street to the satisfaction of the City Engineer.
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).
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prior to approval of a final map.
“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.”
PeeslApemeuts
32. The developer shall pay all current fees and deposits required.
33. The owner of the subject property shall execute an agreement holding the City harmless
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34. The subject property is within the boundaries of Assessment District No. 88-l (Alga
Road). Upon the subdivision of land within the district boundaries, the owner may pass
through assessments to subsequent owners & if the owner has executed a Special
Assessment District Pass-through Authorization Agreement. Said Agreement contains
provision regarding notice to potential buyers of the amount of the assessment and other
provisions and requires the owner to have each buyer receive and execute a Notice of
Assessment and an Option Agreement. In the event that the owner does not execute the
Authorization Agreement, the assessment on the subject property must be paid off in full
by the owner prior to final mupproval,
35. 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 a segregation of assessments is not recorded and property is
subdivided, the full amount of assessment will appear on the tax bills of & new lot.
36. The owner shall execute a hold harmless agreement for geologic failure.
37. 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.
regarding drainage across the adjacent property.
Grading
38. Based upon a review of the proposed grading and the grading quantities shown on the
tentative map, a grading permit for this project is required.
39. Prior to the issuance of a grading permit or building permit, whichever occurs first, the
developer shall submit proof that a Notice of Intention has been submitted to the State
Water Resources Control Board.
40. No grading for private improvements shall occur outside the limits of the subdivision or
on open space or coastal deed restricted areas 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 not occur outside the project site in a manner which
substantially conforms to the approved tentative map as determined by the City Engineer
and Planning Director.
PC RESO NO. 4472 -lO-
Dedications/ImDrovements 2
3 41. The owner shall grant a covenant of easement for general access, utilities and drainage
easements as shown on the tentative map. The covenant of easement shall be shown and
4 recording information called out on the final map.
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42. 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.
43. The owner shall make an offer of dedication to the City for all private streets and
easements required by these conditions or shown on the tentative map. Specifically
streets B, C, D, E, and F shall be dedicated as public utility and access easements as
required by the City Engineer. 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.
44. Direct access rights for all lots abutting Aviara Parkway and Black Rail Road shall be
waived on the final map, (except access as shown on the tentative map).
45. The developer shall comply with the City‘s requirements of the National Pollutant
Discharge Elimination System (NPDES) permit. The developer shall provide best
management practices as referenced in the “California Storm Water Best Management
Practices Handbook” to reduce surface pollutants to an acceptable level prior to discharge
to sensitive areas. Plans for such improvements shall be approved by the City Engineer.
Said plans shall include but not be limited to notifying prospective owners and tenants of
the following:
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
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Prior to approval of grading plans or final map the R.V. storage area shall be
designed to provide access circulation and drainage to this use. Grant deeds (if
required) and maintenance agreements for this use shall also be approved by the
City prior to grading plan approval or final map approval. All deeds and
agreements shall clearly state that the access to, and use of, the RV. storage area is
for all residents of the Aviara Master Plan and maintenance is the responsibility of
applicable Master Homeowners’ Association.
Plans, specifications, and supporting documents for all public and private improvements
shall be prepared to the satisfaction of the City Engineer. In accordance with City
Standards, the developer shall install, or agree to install and secure with appropriate
security as provided by law, improvements shown on the tentative map and the following
improvements:
A. All onsite private streets, drainage and R.V. access as shown on the tentative
map and as required by the City Engineer.
B. The completion of frontage improvements to Black Rail Road or to Aviara
Parkway including but not limited to curb, gutter & sidewalk, landscaping
and irrigation systems, street lights and access ramps. Improvements identified
are 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 or 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.
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D Notes
52. Note(s) to the following effect(s) shall be placed on the final map as non-mapping data:
A. Building permits will not be issued for development of the subject property unless
the District Engineer determines that sewer facilities are available.
B. All improvements within the boundaries of this subdivision are privately
owned and are to be privately maintained with the exception of
Sewer and Water main lines within the public easements granted to the City.
Note: The onsite storm drain system shown on the tentative map is considered
private.
C. Geotechnical Caution:
Slopes steeper than two parts horizontal to one part vertical exist within the
boundaries of this subdivision.
The owner of this property on behalf of itself and all of its successors in interest
has agreed to hold harmless and indemnify the City of Carlsbad from any action
that may arise through any geological failure, ground water seepage or land
subsidence and subsequent damage that may occur on, or adjacent to, this
subdivision due to its construction, operation or maintenance.
D. 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 8iB.3. The underlying property owner shall maintain this
condition.
. epartment . .
53. Applicant shall submit a water improvement plan to the Fire Department for approval,
which depicts location of required, proposed and existing public water mains and fire
hydrants. The plan should include off-site fire hydrants within 200 feet of the project.
54. Prior to final inspection, all security gate systems controlling vehicular access shall be
equipped with a “Knox”, key-operated emergency entry device. Applicant shall contact
the Fire Prevention Bureau for specifications and approvals prior to installation.
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Water District:
55. The entire potable water system, recycled water system and sewer system shall be
evaluated in detail to ensure that adequate capacity, pressure and flow demands can be
met.
56. The Developer shall be responsible for all fees, deposits and charges which will be
collected before and/or at the time of issuance of the building permit. The San Diego
County Water Authority capacity charge will be collected at issuance of application for
meter installation.
57. Sequentially, the Developer’s Engineer shall do the following:
A. Meet with the City Fire Marshal and establish the fire protection requirements.
Also obtain G.P.M. demand for domestic and irrigational needs from appropriate
places.
B. Prepare a colored recycled water use area map and submit to the Planning
Department for processing and approval.
C. Prior to the preparation of sewer, water and recycled water improvement plans, a
meeting must be scheduled with the District Engineer for review, comment and
approval of the preliminary system layouts and usages (i.e. GPM - EDU).
General:
58. 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 modi@ all approvals herein granted; deny or f&ther condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Tentative Tract Map.
. Code Reminders . .
59. The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
60. 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.
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61. 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.
62. An all weather, unobstructed access road suitable for emergency service vehicles shall be
provided and maintained during construction., When in the opinion of the Fire Chief, the
access road has become unserviceable due to inclement weather or other reasons, he may,
in the interest of public safety, require that construction operations cease until the
condition is corrected.
63. All required water mains, fire hydrants and appurtenances shall be operational before
combustible building materials are located on the construction site.
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. 4472 -15- 31
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 17th day of March, 1999, by the
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heureux,
Nielsen, Noble, Savary, and Welshons
NOES:
ABSENT:
COURTNEY E. HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
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PLANNING COMMISSION RESOJSJTION NO. 4473
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF’ CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF PLANNED UNIT DEVELOPMENT PERMIT
PUD 97-l 7 TO ALLOW THE SUBDIVISION AND
CONSTRUCTION OF A 61 UNIT SINGLE-FAMILY AIR-
SPACE CONDOMINIUM DEVELOPMENT ON PROPERTY
GENER4LLYLOCATEDONTHENORTHEASTCORNEROF
AVIARA PARKWAY AND BLACK RAIL ROAD IN LOCAL
FACILITIES MANAGEMENT ZONE 19.
CASE NAME: CRISTALLA - AVIARA PA 23
CASE NO.. . PUD 97-17
WHEREAS, Brehm - Aviara Development Associates, L.P., “Developer”, has
filed a verified application with the City of Carlsbad regarding property owned by Brehm -
Aviara Development Associates, L.P., “Owner”, described as
Lots 138 and 139 of Carlsbad Tract No. 92-3, Aviara Phase III,
Unit 6, according to Map No. 13512, filed in the Office of the
County Recorder on December 10, 1997, in the City of
Carlsbad, County of San Diego, State of California.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Planned Unit
Development Permit as shown on Exhibits “A” - “W” dated March 17 1999, on file in the
Planning Department, CRISTALLA - AVIARA PA 23 - PUD 97-17 as provided by Chapter
21.45 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of February, 1999
and on the 17th day of March, 1999, hold a duly noticed public hearing as prescribed by law to
consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of persons desiring to be heard, said Commission
considered all factors relating to the Planned Unit Development Permit
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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 CRISTALLA - AVLARA PA 23 - PUD 97-
17, based on the following findings and subject to the following conditions:
Findings:
1.
2.
3.
4.
5.
That the granting of this permit will not adversely affect and will be consistent with
Chapter 21.45 of Title 2 1, the General Plan, applicable specific plans, master plans, and
all adopted plans of the City and other governmental agencies, in that the project
provides adequate guest parking and recreation areas, is proposed at a density
consistent with the Residential Medium (RM) designation, will provide all necessary
infrastructure prior to or concurrent with development, and meets all the
development standards and design criteria of the Aviara Master Plan (MP 177).
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 proposed single-family, air-space
condominiums contribute to the variety of housing opportunities in the Aviara
Master Plan and the reduction in total unit yield will lessen impacts to circulation
and other facilities.
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 designed to all City of Carlsbad Standards, is designed
at a lower density than allowed, and only involves single-family residential uses
compatible with the surrounding residential and open space uses.
That the proposed Planned Development meets all of the minimum development
standards set forth in Chapter 21.45.090, the design criteria set forth in Section 21.45.080,
and has been designed in accordance with the concepts contained in the Design
Guidelines Manual, in that the street width, recreation areas, recreation vehicle
storage, and individual unit storage spaces meet the requirements of the Planned
Development Ordinance.
That the proposed project is designed to be sensitive to and blend in with the natural
topography of the site, and maintains and enhances significant natural resources on the
site, in that the proposed site is actually lowered with respect to the existing grade,
lessening the prominence of the development and causing a less pronounced
elevation difference between Aviara Parkway and the future development areas
along Black Rail Road to the north.
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C
6. 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 actual unit yield of 61 units is 81
dwelling units less than allowed for the project site and the single-family design
allows for pocket parks and adequate building separation.
7. 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 proposed private street system
offers safe and adequate access to each unit and provides for adequate turn-around
areas within the development and at the entry gates.
. . Condltrou . .
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 PUD 97-17 is granted subject to the approval of MP 177(X), LCPA 97-l 1,
CT 97-20 and CDP 97-51. PUD 97-17 is subject to all conditions contained in
Planning Commission Resolutions No. 4470, 4471, 4472 and 4474 for MP 177(X),
LCPA 97-11, CT 97-20 and CDP 97-51 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. 4473 -3- 35
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PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 17th day of March, 1999, by the
, following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heureux,
Nielsen, Noble, Savary, and Welshons
NOES:
ABSENT:
COURTNEY E. HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HBLZtiLER
Planning Director
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PLANNING COMMISSION RESOLUTION NO. 4474
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF COASTAL DEVELOPMENT PERMIT NO.
CDP 97-51 TO ALLOW THE SUBDIVISION AND
CONSTRUCTION OF A 61 UNIT, SINGLE-FAMILY AIR-
SPACE CONDOMINIUM DEVELOPMENT ON PROPERTY
GENERALLYLOCATEDONTHENORTHEASTCORNEROF
AVIARA PARKWAY AND BLACK RAIL ROAD IN LOCAL
FACILITIES MANAGEMENT ZONE 19..
CASE NAME: CRISTALLA - AVIARA PA 23
CASE NO.. . CDP 97-51
WHEREAS, Brehm - Aviara Development Associates, L.P, “Developer”, has
filed a verified application with the City of Carlsbad regarding property owned by Brehm -
Aviara Development Associates, L.P, “Owner”, described as
Lots 138 and 139 of Carlsbad Tract No. 92-3, Aviara Phase III,
Unit 6, according to Map No. 13512, filed in the Office of the
County Recorder on December 10, 1997, in the City of
Carlsbad, County of San Diego, State of California.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A” - “Wn dated March 17, 1999 ,on file in the
Planning Department, CRISTALLA - AVLARA PA 23 - CDP 97-51 as provided by Chapter
21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 17th day of February, 1999
and on the 17th day of March, 1999, 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. 27
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A)
B)
Findings:
That the foregoing recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
COMMENDS APPROVAL of CRISTALLA - AVIARA PA 23 - CDP 97-
51 based on the following findings and subject to the following conditions:
1.
2.
3.
4.
5.
That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that no agricultural lands exist on the property;
all adjacent environmentally sensitive habitats will remain in their undisturbed
state; 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 will be affected by the development of Planning Area
23.
The project site is not located in the Coastal Agricultural 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 provision 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 the 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 site is consistent with the provisions of the Coastal Resource Overlay
Zone Mello I Segment Ordinance (Chapter 21.205 of the Zoning Ordinance) in that
the proposed density is less than seven (7) dwelling per acre; 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.
. . Condrt 1olJ@:
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
conformity with final action on the project. Development shall occur substantially as
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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 97-51 is granted subject to the approval of MP 177(X), LCPA 97-11,
CT 97-20 and PUD 97-17. CDP 97-51 is subject to all conditions contained in
Planning Commission Resolutions No. 4470, 4471, 4472 and 4473 for MP 177(X),
LCPA 97-11, CT 97-20 and PUD 97-17, 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.
. . .
. . *
. . .
. . .
. . .
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 17th day of March, 1999, by the
following vote, to wit:
AYES: Chairperson Heineman, Commissioners Compas, L’Heureux,
Nielsen, Noble, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
COURTNEY E. HEINEMAN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RESO NO. 4474 -4- 40
EXHIBIT 5
The City of Carlsbad Planning Department A REPORT TO THE PLANNING COMMISSION
Item No. 5 0
Application complete date: December 15, 1997
P.C. AGENDA OF: March 17, 1999 Project Planner: Michael Grim
Project Engineer: Clyde Wickhtim
. SUBJECT: MP 177(Xj/LCPA 97-ll/CT 97-20/PUD 97-17/GDP 97-51 - CRISTALLA -
AVIARA PLANNING AREA 23 - Request for a Master Plan Amendment,
Local Coastal Program Amendment, Tentative Tract Map, Planned Unit
Development and Coastal Development Permit to allow the subdivision and
construction of a 61 unit, single-family air-space condominium development on
pregraded pads located in Aviara Planning Area 23, -at the northeast comer of
Aviara Parkway and Black Rail Road, in Local Facilities Management Zone 19.
I. COMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 4470, 4471,
4472,4473 and 4474, RECOMMENDING APPROVAL of MP 177(X), LCPA 97- 11, CT 97-
20, PUD 97-17 and CDP 97-51, based upon the findings and subject to the conditions contained
therein.
II. JNTRODUCTION
The proposal involves a 61 unit single-family, air-space condominium development in the
previously graded Aviara Planning Area 23, located at the northeast comer of Aviara Parkway
and Black Rail Road. The Master Plan Amendment and Local Coastal Program are proposed to
change the Planning Area from a multifamily residential use to a single family residential use, as
well as lowering the total unit yield. The Tentative Tract Map and Planned Unit Development
are proposed to subdivide and construct the single-family, air-space condominiums, and a
Coastal Development Permit is proposed for development in the Coastal Zone. The project
conforms to all applicable regulations and staff has no issues with the proposal.
III. PROJECT DESCRIPTION AND BACKGROUND
The applicant, Brehm-Aviara III Development Associates, is requesting approval of a Master
Plan Amendment, Local Coastal Program Amendment, Tentative Tract Map, Planned Unit
Development and Coastal Development Permit to allow the subdivision and construction of a 61
unit single-family condominium development in Aviara Planning Area 23. The 17.4 acre site is
located on the northeast comer of Aviara Parkway and Black Rail Road and is currently the
location of the Aviara Information Center. To the north of the site, across the master plan
boundary, are agricultural operations. East and west of the site is native habitat and south of the
site, across Aviara Parkway, is Marea (PA 12), a single-family condominium development. The
MP 177(X)/LCPA 97-l l/CT 97-2O/PUD 97-l 7KDP 97-5 1 - CRISTALLA - AVIARA PA 23
March 17,199s
site is currently mass graded in accordance with the Aviara Phase III Final Map and all facilities
necessary to serve the proposed development are already in place or are currently being installed.
The project would take access off of the currently improved Black Rail Road, with no access
allowed onto Aviara Parkway. Planning Area 23 is zoned P-C (Planned Community) and
designated for uses and development in accordance with the Planned Development Ordinance, as
modified by the Aviara Master Plan. The General Plan designation on the property is RM
(Residential Medium Density), allowing from 4 to 6 dwelling units per developable acre. There
are some existing steep slopes and a major power transmission line easement. Deducting these
areas from the gross acreage yields approximately 14 developable acres, with a resulting project
density of approximately 4.38 dwelling units per acre.
Planning Area 23 has been the home of the Aviara Information Center since 1991. Despite its
appearance, the Information Center is actually a modular building and is currently being
dismantled and removed from the site. Planning Area 23 also contains the recreational vehicle
(R.V.) storage area for the entire Aviara Master Plan, located tiithin the SDG&E power
transmission line easement that traverses the northeast comer of the Planning Area. The R.V.
storage area, constructed in 1990, has been under the control and responsibility of the Aviara
Master Homeowner’s Association and will continue to be maintained by the Master Association
and to be available to all residents of Aviara.
Section 1I.E. 15 of the Aviara Master Plan requires the existence of a Master Homeowner’s
Association and mandates that all Planning Areas be represented on the Master Association.
The City is currently processing a Master Plan Amendment (MP 177(BB)), however, that would
allow the Aviara Master Plan to be covered by two Master Homeowner’s Associations. If
approved, the discretionary action would permit the creation of a separate Master Homeowner’s
Association for the Planning Areas located within Aviara Phase III. Regardless of whether there
is one Master HOA or two Master HOAs, all master plan facilities shall continue to be
maintained and to be available to all Aviara residents. Condition number 11 of Planning
Commission Resolution No. 4427 has been written to require annexation of Planning Area 23
into either the existing Aviara Master Homeowner’s Association or, should two HOAs exist at
the time of final map approval, the newly created Master Homeowner’s Association.
The Cristalla - Planning Area 23 proposal involves two components: a Master Plan Amendment
and Local Coastal Program Amendment to revise the use allocations and development standards
of the Aviara Master Plan, which is also the Coastal Zone Implementing Ordinance for Planning
Area 23; and, a Tract Map, Planned Unit Development Permit and Coastal Development Permit
to allow subdivision and construction of a 61 unit single-family, air-space condominium
development. A copy of the revised master plan text is attached to Planning Commission
Resolution No. 4470 and a redlined-strikeout version of the proposed master plan text changes is
attached to this staff report. The Master Plan Amendment and Local Coastal Program
Amendment would make the following revisions to the provisions for Aviara Planning Area 23:
l Reduce the total unit allocation from 142 units to 61 units.
MP 177(X)/LCPA 97- 1 l/CT 97-2OiPUD 97- 17ICDP 97-5 1 - CRISTALLA - AVIARA PA 23
March 17,199s
l Revise the allowed uses from multi-family residential to single-family, air-space
condominiums.
l Revise development standards to reflect the single-family, air-space condominium
development, such as reduced building separation and an allowance for reduced
front yards.
Physically, the Cristalla - Planning Area 23 project involves 61 single-family structures taking
access off of several private streets. As shown on Exhibit “B”, dated March 17, 1999, the only
lots proposed are those for phasing, with the individual homes being surrounded by exclusive use
areas. The total amount of lots proposed is 26. These lots include private streets, internal project
open space, project recreation areas, housing and the Master Plan R.V. storage site. Common
passive recreation areas are distributed throughout the gated development and all existing open
space is proposed to be preserved. The homes would range in size from approximately 2,500
square feet to 3,000 square feet. As shown on Exhibits “A” = “W’, hated March 17, 1999, the
architectural style would be Mediterranean, in keeping with the design criteria of the Aviara
Master Plan.
The Cristalla - Aviara Planning Area 23 project is subject to the following regulations:
A.
B.
C.
D.
E.
F.
G.
H.
General Plan;
Local Coastal Program;
Aviara Master Plan (MP 177 and its amendments);
P-C - Planned Community Zone (Chapter 2 1.38 of the Zoning Ordinance);
Planned Development Ordinance (Chapter 2 1.45 of the Zoning Ordinance);
Subdivision Ordinance (Title 20 of the Carlsbad Municipal Code);
Growth Management Ordinance (Chapter 2 1.90 of the Zoning Ordinance);
Zone 19 Local Facilities Management Plan.
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.
,-
MP 177(X)/LCPA 97-l l/CT 97-2O/PUD 97-17/GDP 97-51- CRISTALLA - AVIARA PA 23
March 17,199s
A. General Plan
The Cristalla - Aviara Planning Area 23 project is consistent with the applicable policies and
programs of the General Plan. Particularly relevant to the air-space, single-family condominium
project are the Land Use, Circulation, Housing, Public Safety and Open Space and Conservation
Elements. Table 1 below indicates how the project complies with these particular elements of
the General Plan.
TABLE 1 - GENERAL PLAN COMPLIANCE
USE CLASSIFICATION, GOAL, PROPOSED USES AND ELEMENT OBJECTIVE OR PROGRAM IMPROVEMENTS COMPLIANCE
Land Use Site is designated for residential land Proposed density is 4.38 Yes
use at a density of 4.0 to 6.0 du/ac. dwelling units per acre.
Circulation Require new developments to All street improvements
construct all roadways needed to will be completed prior to,
serve the development prior to or or concurrent with, Yes
concurrent with needs. development.
Housing Ensure that all master planned Master plan developer has
communities and qualified constructed sufficient units
subdivisions provide a range of in the Villa Loma
housing for all economic income development to cover PA Yes
ranges. 23’s affordable housing
requirement.
Public Safety Design all structures in accordance All building will meet UEK
with the seismic design standards of and State seismic
the UBC and State building requirements. Yes
Provision of emergency water
systems and all weather access roads. All necessary water mains,
appurtenances must be
installed prior to occupancy
and all weather access
Project maintains amount
sensitive resources in the City. of native habitat and
Conservation erosion control during
sedimentation of the
MP 177(X)/LCPA 97-l l/CT 97-2ORJD 97-171CDP 97-5 1 - CRISTALLA - AVIARA PA 23
March 17,1998
B. Local Coastal Program
The Cristalla - Aviara Planning Area 23 site 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 ordinance for those portions of Mello I 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 section C 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 LCP segments are the same as those allowed through the
Aviara Master Plan, therefore the proposed residential uses are consistent with the LCP. All
steep slopes with native vegetation were preserved through the tentative tract map for Aviara
Phase III (CT 92-03) and no encroachment is proposed with the residential construction. The
current erosion control standards of the Engineering Department will be maintained throughout
the project site to deter erosion and potential lagoon sedimentation. No agricultural lands exist
on the project site, therefore no impacts to such will occur. The project site is located 0.18 miles
from the Batiquitos Lagoon and 0.38 miles from the Pacific Ocean, therefore no existing or
future coastal access routes exist through the site. No significant visual resources exist on or
near the graded project site. Given the above, the project is consistent with the Mello I land use
policies.
C. Aviara Master Plan
According to the Aviara Master Plan, all development within Planning Area 23 is to follow the
requirements of the Planned Development Ordinance, except as modified in the master plan.
Most of the development standards, such as use allocation, building height, setbacks and design
criteria are contained in the master plan and are therefore discussed below. Some of these
standards, namely use allocation and front yard setbacks, are part of the proposed Master Plan
Amendment, therefore the project is internally consistent with those proposed standards. Table 2
below details the project’s conformance to these master plan standards and criteria.
TABLE 2 - AVIARA MASTER PLAN CONFORMANCE
MASTER PLAN REQUIREMENT PROPOSED PLAN COMPLIANCE
Building Height:
Maximum of 30 feet All units measure between 26 and
28 feet high.
Yes
Aviara Parkway setback:
Minimum of 50 feet All units are at least 50 feet from
Aviara Parkway.
Yes
MP 177(X)/LCPA 97-l l/CT 97-2O/PUD 97-17/GDP 97-5 1 - CRISTALLA - AVIARA PA 23
March 17,1998
TABLE 2 - AVIARA MASTER PLAN CONFORMANCE
MASTER PLAN REQUIREMENT PROPOSED PLAN COMPLIANCE
SDG&E easement setback:
Minimum of 30 feet All units are at least 30 feet fi-om Yes
the SDG&E power line easement.
Front yard setback:
Minimum of 20 feet (except as All garages facing the street are Yes
proposed for amendment) setback a minimum of 20 feet.
As shown in Table 2 above, the developer has met or exceeded compliance with the master plan
development standards. Therefore, the proposed single-family air space condominium project is
consistent with the provisions of the Aviara Master Plan.
D. Planned Community Zone
The underlying zoning of the proposed Cristalla - Aviara Planning Area 23 project site is P-C,
Planned Community. 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, or referenced by,
master plan documents. Therefore, conformance with the master plan requirements also
indicates conformance with the Planned Community Zone.
With regard to the zoning contained in the Aviara Master Plan, development within Planning
Area 23 shall be a maximum of 142 multifamily units, developed in accordance with the Planned
Development (PD) Ordinance (Chapter 21.45 of the Zoning Ordinance). The proposed
amendments to the Master Plan and Local Coastal Program would revise this use allocation to a
maximum of 61 single family, air-space condominiums. The requirements for development in
conformance with Planned Development Ordinance are not being revised and are still in effect.
E. Planned Development Ordinance
While the Cristalla - Aviara Planning Area 23 project is subject to the Aviara Master Plan (MP
177 and its amendments), some of the master plan development standards and design criteria
refer back to the Zoning Ordinance, specifically the Planned Development Ordinance. Pursuant
to that reference, the single family air space condominium project is subject to the Planned
Development requirements regarding recreation facilities, private streets, recreational vehicle
storage and internal storage space. Table 3 below details the project’s conformance with those
requirements.
MP 177(X)/-LCPA 97-l l/CT 97-2Oh’UD 97-171CDP 97-51 - CRISTALLA - AVIARA PA 23
March 17,1998
ize 7
TABLE 3 - PLANNED DEVELOPMENT ORDINANCE CONFORMANCE
200 square feet per unit
(with 100 sq ft credit for
units with 15’x15’ rear
Total common recreation area
30 feet, no parking Proposed internal streets measure
32 feet, allowing parking on one
20 square feet per unit
Storage Space:
480 cubic feet per unit
ster plan recreation
Given the above, the proposed development is consistent with the Planned Development
Ordinance, Chapter 21.45 of the Zoning Ordinance.
F. Subdivision Ordinance
Title 20 of the Carlsbad Municipal Code (C.M.C.) details the procedures and requirements for a
Tentative Subdivision Map. There are a variety of findings and circumstances that must be
found in order to approve a Tentative Map. These findings center around preventing easement
and/or title conflicts and providing adequate street, drainage and other infrastructure
improvements. The necessary findings also include consistency of the subdivision with Title 19
(Environment Ordinance) and Title 21 (Zoning Ordinance) of the C.M.C., which is demonstrated
in the other sections of this report.
The existing lots composing Aviara Planning Area 23 were legally created through the Aviara
Phase III Master Tentative Map and all necessary street dedications for the adjacent roadways
have been completed. All required improvements, such as streets, sewer lines, storm drains, and
water lines are already in place, or will be in place prior to, or concurrent with, development in
accordance with the City’s Growth Management Program. Given this, the project is consistent
with the Subdivision Ordinance.
47
-.
MP 177(X)/LCPA 97-l l/CT 97-2O/PUD 97-l 7/CDP 97-5 1 - CRISTALLA - AVIARA PA 23
March 17,1998
8
G. Growth Management Ordinande
The Cristalla - Aviara Planning Area 23 proposal is a residential project and, therefore, subject to
the provision of all growth management facilities. Table 4 below details the project’s
compliance with the standards of the Growth Management Ordinance.
II TABLE 4 - GROWTH MANAGEMENT COMPLIANCE ~ ~~~ II
Standard
City Administration
Impacts/Standard
491.57 sq ft
Compliance
Yes
Library
Waste Water Treatment
262.14 sq ft
61 EDU
Yes
Yes
Parks I 0.98 acres I Yes
Drainage
Circulation
PLDA D
610 ADT
Yes
Yes
Fire
Open Space
Station # 4
N/A
Yes
Yes
Schools
Water
C.U.S.D.
13,420 GPD
Yes
Yes
II The project is 8 1 units below the Growth Management Control Point. II
Given the above, the Cristalla - Aviara Planning Area 23 project is consistent with the Growth
Management Ordinance.
H. Zone 19 Local Facilities Management Plan
Local Facilities Management Zone 19 covers the entire Aviara Master Plan, including Planning
Area 23. No special development requirements, such as roadway construction or other
infrastructure requirements, apply to this 61 unit residential development. The LFMP does
require that all facilities needed to serve the development be in place concurrent with, or prior to,
need. The Cristalla - Aviara Planning Area 23 project, as conditioned, will be served with all
utilities and improvements prior to occupancy of any unit. The project is also conditioned to pay
the required public facilities fee prior to issuance of building permits. Therefore, the proposed
project is consistent with the Zone 19 LFMP.
V. ENVIRONMENTAL REVIEW
Earlier environmental analyses have been completed for the project site on several occasions.
One is the Master Environmental Impact Report for the City’s 1994 General Plan Update (MEIR
93-01) reviewed the potential impacts of buildout of the City’s General Plan, including
transportation and air quality impacts. Another source is the Environmental Impact Report for
- --
MP 177(X)/LCPA 97- 1 l/CT 97-2O/PUD 97-l 7KDP 97-5 1 - CRISTALLA - AVIARA PA 23
March 17,1998
fze 9
the Pacific Rim Country Club and Resort (EIR 83-02(A) for CT 85-35/MP 177) certified on
December 8, 1987, analyzed all of the potential impacts for the development and occupation of
the over 2,000 units residential master plan (now known as Aviara) with its associated 18 hole
golf course, 550 room hotel, sports club and neighborhood commercial site, including
development of Planning Area 23. The third previous environmental document is the Mitigated
Negative Declaration for the Aviara Phase III Master Plan Amendment (CT 92-03/MP 177(G)),
approved January 25, 1994, which reviewed the grading and construction related to the
development of Phase III, including development of Planning Area 23. The fourth previous
environmental document is the Negative Declaration and MEIR Addendum for the Aviara
Planning Area 23 Master Plan Amendment and General Plan Amendment (MP 177(R)/GPA 96-
02), which reviewed the potential environmental impacts associated with development Aviara
PA 23 with up to 142 residential units.
The City has received its annual Growth Management Traffic Monitoring Report. The Report
has recorded an unanticipated intersection “level of service” (LOS) failure at Palomar Airport
Road (PAR) and El Camino Real (ECR) during both the a.m. and p.m. peak hours. This
potentially creates a changed circumstance negating reliance on previous environmental
documentation. Pursuant to 515162 of the CEQA Guidelines a lead agency must prepare a
“Subsequent” environment documentation if substantial evidence (i.e., the recorded intersection
failure) determines that a changed circumstances exists. However, case law has interpreted this
section of the CEQA Guidelines to not require the preparation of a “Subsequent EIR” if
mitigation measures are adopted which reduce the identified impacts to a level of insignificance.
A mitigation measure has been identified which, if implemented, will bring the peak hours LOS
into the acceptable range. The mitigation measure involves construction of two dual right turn
lanes-northbound to eastbound and westbound to northbound. This project has been conditioned
to pay its fair share of the intersection “short-term improvements” thereby, guaranteeing
mitigation to a level of insignificance.
ATTACHMENTS:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Planning Commission Resolution No. 4470 (MP)
Planning Commission Resolution No. 4471 (LCPA)
Planning Commission Resolution No. 4472 (CT)
Planning Commission Resolution No. 4473 (PUD)
Planning Commission Resolution No. 4474 (CDP)
Location Map
Disclosure Statement
Notice of Prior Environmental Compliance, dated July 24, 1998
Environmental Impact Assessment Form, dated July 20, 1998
Local Facilities Impact Assessment Form
Background Data Sheet
Redlined/Strikeout version of proposed Master Plan Amendment text
Exhibits “A” - “W’, dated March 17, 1999. 49
DISCLOSURE STATEMENT
Applicant’s statement or diiclosure of certain ownership interests on all sppiications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. .
The following information must be disclosed:
1. APPLICANT
List the names and addresses of all persons having a financial interest in the
application.
Brehm-Aviara III Development Associates, L.P.
!.
-
-.
2.
L -.
c
-‘a
OWNER
List the names and addresses of all persons having any ownership interest in the
property involved. .
Aviara Land Associates, L.P.
3.
4.
If any person identified pursuant to (1) or (2) above is a corporation or partnership,
list the names and addresses of all individuals owning more than 10% of the shares
in the corporation or owning any partnership interest in the partnership.
See attached for-Applicant See attached for Owner
If any person identified pursuant to (1) or 121 above is a non-profit organization or a
trust, list the names and addresses of any person serving as officer or director of
the non-profit organization or as trustee or beneficiary of the trust.
5-o 2075 Las Palmas Dr. - Carlsbad, CA 92009-1576 - (619) 438-1161 - FAX (619) 438-0894 @
* - 5. Have you had F ’ than $250 worth of business tr- xted with any member of
City staff, Boara,, Commissions, Committees and/or ttiuncil within the past twelve
(12) months? a
cl Yes cl No If yes, please indicate person(s):
Person is defined as -Any individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trukt, receiver, syndicate;this and any other county, city
and county, city municipality, district or other poliical .subdivision or any other group or
combination acting as a unit.’
NOTE: Attach additional sheets if necessary.
Signature of owner/date
See below --
Signature of applicant/date
A~IP@ bd h%Lt&~ jL-f-
Print or type name of owner
BREHM-AVIARA III DEVELOPMENT ASSOCIATES, LF
Print or type name of applicant _
BREHM-AVIARA III DEVELOPMENT ASSOCIATES, LF
a Delaware limited partnership
bj: Brehm-Aviara Group, LLC, a Cdlifornia
limited liability company,
its general partner ,
by: The Brehm Companies, LLC, a
California limited liability
company, its manager
Disclosure Statement 1 O/96
3-I
Page 2 of 2
.- - city of
PUBLIC NOTICE OF PRIOR ENVIRONMENTAL COMPLIANCE
Please Take Notice:
The Planning Department has determined that the environmental effects of the
project described below have already been considered in conjunction with
previously certified environmental documents and, therefore, no additional
environmental review will be required and a notice of determination will be filed.
Project Title:
Project Location:
CRISTALLA - AVIARA PLANNING AREA 23
Northeast corner of Aviara Parkway and Black Rail Court,
City of Carlsbad, County of San Diego, State of California.
Project Description: Master Plan Amendment, Local Coastal Program
Amendment, Tract Map, Planned Development Permit and
Coastal Development Permit to change the use allocations in
Planning Area 23 from multi-family residential to small-lot
single family residential, subdivide the property and develop
61 single family units.
Justification for this determination 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 20 days of
date of publication.
DATED: April 17, 1998
CASE NO: MP 177(X)/LCPA 97-11 /CT 97-2O/PUD 97-l 7/CDP 97-51 *
CASE NAME: CRISTALLA - AVIARA PA 23
PUBLISH DATE: April 17, 1998
MICHAEL J. H%LZf&tLER
Planning Director
2075 La Palmas Dr. - Carlsbad. CA 92009-1576 - (760) 438-l 161 - FAX (760) 438-0894 a@
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO: MP 177(X)/LCPA 97-1 l/CT 97-20/PUD 97-17/GDP 97-5 1
DATE: Anril 10, 1998
BACKGROUND
1. CASE NAME: Cristalla - Aviara Planning Area 23
2. APPLICANT: The Brehm Communities
3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2835 Camino de1 Rio South, Suite 220,
San Diego. CA 92108 (619) 293-7090
4. DATE EIA FORM PART I SUBMITTED: December 14.1997
5. PROJECT DESCRIPTION: Master Plan Amendment and Local Coastal Promam Amendment to
change the use allocations in Aviara Planning Area 23 from multi-family residential to small-lot
single familv residential: and a Tentative Tract Map. Planned Unit Develonment Permit and
Coastal Develoument Permit for a 61 unit. small-lot sinple familv development, located on the
northeast comer of Aviara Parkway and Black Rail Court. Citv of Carlsbad. Countv of San
Diego.
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 0 Transportation/Circulation 0 Public Services
0 Population and Housing q Biological Resources c] Utilities & Service Systems
0 Geological Problems 0 Energy & Mineral Resources 0 Aesthetics
Cl Water Cl Hazards 0 Cultural Resources
0 Air Quality cl Noise Cl Recreation
0 Mandatory Findings of Significance
1 Rev.03/28/96 5-3
DETERMINATION.
(To be completed by the Lead Agency)
Cl
Cl
Cl
Cl
lxl
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 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 EIRs and a Negative
Declaration pursuak to applicable standards and (b) have been avoided or mitigated
pursuant to that earlier EIRs and Negative Declaration, including revisions or mitigation
measures that are imposed upon the proposed project. Therefore, a Notice of Prior
Compliance has been prepared.
Date 4’ ‘*
I
Rev. 03128196
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.
0 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.
0 “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.
0 “Potentially Significant UnIess 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.
0 Based on an “EIA-Part II”, if a proposed project could have a potentially significant
effect on the environment, but &I 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).
0 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.
0 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. 03128196
0 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.
0 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
tbe 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. 03128196
1. LAND USE AND PLANNMG. Would the proposal:.
a)
b)
cl
4
e)
Conflict with general plan designation or zoning?
(Source #(s): (#l, pgs 5.6-l - 5.6-18; #2, pgs 4-1 -
4-26, #3, pgs 11-12; #4, pg 10)
Conflict with applicable environmental plans or
policies adopted by agencies with jurisdiction over
the project? (#l, pgs 5.6-l - 5.6-18; #2, pgs 4-1 -
4-26, #3, pgs 11-12; #4, pg 10)
Be incompatible with existing land use in the
vicinity? (#l, pgs 5.6-l - 5.6-18; #2, pgs 4-l - 4-
26, #3, pgs 11-12; #4, pg 10)
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;
#2, pgs 4-1 - 4-26, #3, pg 11; #4, pg 10)
Disrupt or divide the physical arrangement of an
established community (including a low-income or
minority community)? (#l, pgs 5.6-l - 5.6~18; #2,
pgs 4-1 - 4-26, #3, pgs 13-14; ##4, pg 10)
Issues (and Supporting Information Sources).
II. POPULATION AND HOUSMG. Would the proposal:
a) Cumulatively exceed official regional or local
population projections? (#l, pgs 5.5-l - 5.5-6; #2,
pgs 4-1 - 4-26; #3, pg 13; #4, pg 10)
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; #3, pg 13; #4, pg 10)
c) Displace existing housing, especially affordable
housing? (#l, pgs 5.5-l - 5.5-6; #2, pgs 4-1 - 4-26;
#3, pg 13-14; #4, pg 10)
III. GEOLOGIC PROBLEMS. Would the proposal result
in or expose people to potential impacts involving:
4
b)
c)
d)
e>
fl
Fault rupture? (#l, pgs 5.1-1 - 5.1-15; #2, pgs 4-
150 - 4-156; #3, pg 7; #4, pg 9)
Seismic ground shaking? (#l, pgs 5.1-1 - 5.1-15;
#2, pgs 4- 150 - 4- 156; #3, pg 7; #4, pg 9)
Seismic ground failure, including liquefaction?
(#l, pgs 5.1-I - 5.1-15; #2, pgs 4-150 - 4-156; #3,
pg 7; #4, pg 9) Seiche, tsunami, or volcanic hazard? (# 1, pgs 5.1-l
- 5.1-15; #2, pgs 4-150 - 4-156; #3, pg 7; #4, pg 9)
Landslides or mudflows? (#l, pgs 5.1-1 - 5.1-15;
#2, pgs 4-150 - 4-l 56; #3, pgs 7-8; #4, pg 9)
Erosion, changes in topography or unstable soil
conditions from excavation, grading, or till? (#l,
pgs 5.1-1 - 5.1-15; #2, pgs 4-150 - 4-156; #3, pgs
7-8; #4, pg 9)
Potentially Significant Impact
Cl
0
0
0
o-
n
0
0
Cl
cl
0
0
cl
cl
Potentially Significant Unless Mitigation
Incorporated
cl
0
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0
n
cl
cl
0
0
cl
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cl
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Less Than Significant
Impact
cl
cl
cl
cl
0
cl
q
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0
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cl
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No
Impact
Ix1
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5 Rev. 03128196 57
Issues (and Supporting Information Sources).
g) Subsidence of the land? (#I, pgs 5.1-l - 5.1-15;
#2, pgs 4-l 50 - 4- 156; #3, pgs 7-8; #4, pg 9)
h) Expansive soils? (#I, pgs 5.1-l - 5.1-15; #2, pgs4-
150 - 4-156; #3, pg 7; #4, pg 9)
i) Unique geologic or physical features? (# 1, pgs 5.1-
1 - 5.1-15; #2, pgs 4-150 - 4-156; #3, pgs 7-8; #4,
Pg 9)
IV. WATER. Would the proposal result in:
a)
b)
c>
4
e)
f)
h)
9
Changes in absorption rates, drainage patterns, or
the rate and amount of surface runofI? (#l, pgs
5.2-l - 5.2-l 1; #2, pgs 4-110 - 4-l 18; #3, pg 8; #I,
Pg 9) Exposure of people or property to water related
hazards such as flooding? (#1, pgs 5.2-l - 5.2-l 1;
#2, pgs 4- 110 - 4- 118; #3, pg 8; #4, pg 9)
Discharge into surface waters or other alteration of
surface water quality (e.g. temperature, dissolved
oxygen or turbidity)? (#l, pgs 5.2-l - 5.2-11; #2,
pgs4-llO-4-118;#3,pg9;#4,pg9)
Changes in the amount of surface water in any
water body? (#1, pgs 5.2-l - 5.2-11; #2, pgs 4-110
-4-118;#3,pg9;#4,pg9)
Changes in currents, or the course or direction of
water movements? (#l, pgs 5.2-l - 5.2-l 1; #2, pgs
4-l 10 -4-l 18; #3, pg 8; #4, pg 9)
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? (#I, pgs 5.2-l - 5.2-l 1; #2, pgs 4-110 -
4- 118; #3, pg 9; +I, pg 9)
Altered direction or rate of flow of groundwater?
(#I, pgs 5.2-l - 5.2-l 1; #2, pgs 4-l 10 - 4-l 18; #3,
pg 8; #4, pg 9) Impacts to groundwater quality? (#l, pgs 5.2-l -
5.2-l 1; #2, pgs 4-l 10 - 4-l 18; #3, pg 9; #4, pg 9)
Substantial reduction in the amount of
groundwater otherwise available for public water
supplies? (#I, pgs 5.2-l - 5.2-l 1; #2, pgs 4-l 10 -
4- 118; #3, pg 8; #4, pg 9)
V. AIR QUALITY. Would the proposal:
4
b)
c)
d)
Violate any air quality standard or contribute to an
existing or projected air quality violation?
Expose sensitive receptors to pollutants?
Alter air movement, moisture, or temperature, or
cause any change in climate? (#I, pgs 5.3-l - 5.3-
12; #2, pgs 4-l 10 - 4-l 18; #3, pg 8; #4, pg 10)
Create objectionable odors? (#I, pgs 5.3-l - 5.3-
12; #2, pgs 4-l 10 -4-l 18; #3, pg 8; #4, pg 10)
6
Potentially Signiticanl Impact
cl
0
q
cl
0
q -
cl
El
cl
cl
0
cl
Ix1
lx Cl
cl
Potentially Significant Unless
Mitigation Incorporated
cl
q
El
0
cl
-cl
cl
cl
cl
cl
cl
0
cl
cl 0
Cl
Less Than Significant
Impact
No impact
Rev. 03/28/96
El
0
q
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0
cl
cl
III
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cl
cl
cl
0
cl 0
cl
IXI
IXI
IXI
Ix)
IXJ
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Issues (and Supporting Information Sources).
VI. TRANSPORTATION/CIRCULATION. Would the
proposal result in: a) W
c>
4
e)
f-l
g)
Increased vehicle trips or traffic congestion?
Hazards to safety from design features (e.g. sharp
curves or dangerous intersections) or incompatible
uses (e.g. farm equipment)? (#I, pgs 5.7-l - 5.7-
22; #2, pgs 4-63 - 4-80; #3, pgs 14-15; #4, pg 11)
Inadequate emergency access or access to nearby
uses? (#1, pgs 5.7-l - 5.7-22; #2, pgs 4-63 - 4-80;
#3, pg 15; a, pg 11) Insufficient parking capacity on-site or off-site?
(#l, pgs 5.7-l - 5.7-22; #2, pgs 4-63 - 4-80; #3, pg
14; #4, pg 11)
Hazards or barriers for pedestrians or bicyclists?
(#I, pgs 5.7-l - 5.7-22; #2, pgs 4-63 - 4-80; #3,
pgs 14-15; #4, pg 11)
Conflicts with adopted policies supporting
alternative transportation (e.g. bus turnouts,
bicycle racks)? (#l, pgs 5.7-l - 5.7-22; #2, pgs 4-
63 - 4-80; #3, pg 14; #4, pg 11)
Rail, waterborne or air traf?Ic impacts? (#l, pgs
5.7-l - 5.7-22; #2, pgs 4-63 - 4-80; #3, pg 14; #4,
Pg 11)
VII. BIOLOGICAL RESOURCES. Would the proposal
result in impacts to:
a)
b)
cl
4
e)
Endangered, threatened or rare species or their
habitats (including but not limited to plants, fish,
insects, animals, and birds? (#I, pgs 5.4- 1 - 5.4-24;
#2,pgs4-119-4-149;#3,pgs lo-ll;#,pg 10)
Locally designated species (e.g. heritage trees)?
(#I, pgs 5.4-l - 5.4-24; #2, pgs 4-l 19 - 4-149; #3,
pgs 10-l 1; #4, pg IO)
Locally designated natural communities (e.g. oak
forest, coastal habitat, etc.)? (#l, pgs 5.4-l - 5.4-
24; #2, pgs 4-119 - 4-149; #3, pgs IO-II; #4, pg
10) Wetland habitat (e.g. marsh, riparian and vernal
pool)? (# 1, pgs 5.4- 1 - 5.4-24; #2, pgs 4- 119 - 4-
149; #3, pgs 10-l 1; #4, pg 10)
Wildlife dispersal or migration corridors? (#l, pgs
5.4-l - 5.4-24; #2, pgs 4-l 19 - 4-149; #3, pg 11;
#4, pg 10)
VIII. ENERGY AND MINERAL RESOURCES. Would the
proposal?
a) Conflict with adopted energy conservation plans?
(#I, pgs 5.12.1-l - 5.12.1-5; #2, pgs 4-94 - 4-109;
#3, pg 9; #4, Pg 9)
Potentially Significant Impact
El
cl
cl
0
cl
El-
cl
cl
cl
cl
cl
cl
0
Potentially Significant Unless Mitigation Incorporated
cl
cl
Cl
cl
cl
cl
cl
cl
0
cl
cl
cl
cl
Less Than Significant
Impact
cl
Cl
cl
cl
Cl
cl
cl
cl
cl
0
cl
cl
0
No
Impact
cl
Ix)
Ix1
IXI
(XI
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Ix1
Ix1
IXI
lzl
El
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Ix1
7 Rev. 03128196 3-9
Issues (and Supporting Information Sources).
b)
cl
Use non-renewable resources in a wasteful and
inefficient manner? (#l, pgs 5.12.1-l - 5.12.1-5;
#2, pgs 4-94 - 4-109; #3, pg 9; #4, pg 10)
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? (#I, pgs
5.12.1-l - 5.12.1-5; #2, pgs 4-94 - 4-109; #3, pg 9;
w pg 10)
IX. HAZARDS. Would the proposal involve:
a>
b)
c>
4
e>
A risk of accidental explosion or release of
hazardous substances (including, but not limited
to: oil, pesticides, chemicals or radiation)? (#I, pgs
5.10.1-l - 5.10.1-3; #2, pgs 4-94 - 4-109; #3, pg
13; #4, pg 10)
Possible interference with an emergency response
plan or emergency evacuation plan? (#l, pgs
5.10.1-l - 5.10.1-3; #2, pgs 4-94 - 4-109; #3, pg
15; #4, pg 10)
The creation of any health hazard or potential
health hazards? (#l, pgs 5.10.1-l - 5.10.1-3; #2,
pgs 4-94 - 4-109; #3, pg 12-13; #4, pg 10)
Exposure of people to existing sources of potential
health hazards? (#l; pgs 5.10.1-I - 5.10.1-3; #2,
pgs 4-94 - 4-109; #3, pg 12-13; #4, pg 10)
Increase fire hazard in areas with flammable brush,
grass, or trees? (#l, pgs 5.10.1-l - 5.10.1-3; #2,
pgs 4-94 - 4-109; #3, pg 13; #4, pg 10)
X. NOISE. Would the proposal result in:
a) Increases in existing noise levels? (#I, pgs 5.9-l -
5.9-15; #2, pgs 4-81 - 4-84; #3, pg 12-13; #4, pg
10) b) Exposure of people to severe noise levels? (# 1, pgs
5.9-l - 5.9-15; #2, pgs 4-81 - 4-84; #3, pg 12-13;
#4, pg 10
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: 4
b)
c>
4
e)
Fire protection? (#I, pgs 5.12.5-I -5.12.5-6; #2,
pgs 4-94 - 4-109; #3, pg 12; ?Y4, pg 10)
Police protection? (#I, pgs 5.12.5-l -5.12.5-6; #2,
pgs 4-94 - 4-109; #3, pg 12; #4, pg 10)
Schools? (#I, pgs 5.12.7-l -5.12.7-5; #2, pgs 4-94
- 4-109; #3, pg 12; #4, pg 10)
Maintenance of public facilities, including roads?
(#l, pgs 5.12.1-I -5.12.8-7; #2, pgs 4-94 - 4-109;
#3, pg 12; #4, pg 10) Other governmental services? (#I, pgs 5.12. l-l -
5.12.8-7; #2, pgs 4-94 - 4-109; #3, pg 12; #4, pg
10)
cl
0
Cl
cl
Cl
cl
0
0
0
0
0
Cl
Cl
cl
cl
El
lx
El
IXI
lxl
8 Rev. 03128196
Potentially Significant Impact
Cl
cl
cl
cl
Cl
Cl
cl
cl
cl
Potentially Significant Unless Mitigation Incorporated
cl
cl
cl
El
El
0
cl
cl
cl
Less Than Significant Impact
Cl
Cl
Cl
Cl
Cl
Cl
Cl
0
0
No
Impact
[XI
Ix1
Ix1
lx
El
IXI
IXI
Ix)
lxl
Issues (and Supporting Information Sources). Potentially Potentially Less Than No Significant Significant Significant Impact impact Unless impact Mitigation
Incorporated
XII. UTILITIES AND SERVICES SYSTEMS. Would the
proposal result in a need for new systems or supplies,
or substantial alterations to the following utilities:
a) Power or natural gas? (#I, pgs 5.12.1-I - 5.12.1-5;
#2,4-94 - 4- 109; #3, pg 9; #4, pg 10)
b) Communications systems? (#l, pgs 5.12.2-I -
5.12.8-7; #2,4-94 - 4-109; #3, pg 12; #4, pg 10)
c) Local or regional water treatment or distribution
facilities? (#l, pgs 5.12.2-l - 5.12.3-7; #2, 4-94 -
4-109; #3, pg 12; #4, pg 10)
d) Sewer or septic tanks? (#l, pgs 5.12.2-I - 5.12.3-7;
#2,4-94 - 4-109; #3, pg 12; #4, pg 10)
e) Storm water drainage? (#l, pgs 5.12.2-I - 5.12.3-
7; #2,4-94 - 4-109; #3, pg 12; #4, pg 10)
f) Solid waste disposal? (#I, pgs 5.12.4-I - 5.12.4-3;
#2,4-94 - 4-109; #3, pg 12; &I, pg 10)
g) Local or regional water supplies? (#l, pgs 5.12.2-I
- 5.12.3-7; #2,4-94 - 4-109; #3, pg 12; #4, pg 10)
cl
cl
cl
cl
cl
cl
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Cl
cl
cl cl 0
cl cl 0
cl
-0
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XIII. AESTHETICS. Would the proposal:
a) Affect a scenic or vista or scenic highway? (#I,
pgs 5.1 l-l - 5.1 l-5; #2, pgs 4-35 - 4-62; #3, pg 15;
#4, pg 10) b) Have a demonstrate negative aesthetic effect? (#l ,
pgs 5.1 l-l - 5.11-5; #2, pgs 4-35 - 4-62; #3, pg 15;
#4, pg 10) c) Create light or glare? (#l, pgs 5.10.3-I - 5.10.3-2;
#2, pgs 4-35 - 4-62; #3, pg 15; #4, pg 10)
cl cl
0 III q
El cl cl
XIV. CULTURAL RESOURCES. Would the proposal:
a) Disturb paleontological resources? (# 1, pgs 5.8-l -
5.8-10; #2, pgs 4-157 - 4-167; #3, pgs 9-10; #4, pg
10) b) Disturb archaeological resources? (#I, pgs 5.8-l -
5.X-10; #2, pgs 4-157 - 4-167; #3, pgs 9-10; #4, pg
10) c) Affect historical resources? (#I, pgs 5.8-l - 5.8-10;
#2, pgs 4-157 - 4-167; #3, pgs 9-10; #4, pg 10)
d) Have the potential to cause a physical change
which would affect unique ethnic cultu~l values?
(#l, pgs 5.8-l - 5.8-10; #2, pgs 4-157 - 4-167; #3,
pgs 9-10; #4, pg 10)
e) Restrict existing religious or sacred uses within the
potential impact area? (#I, pgs 5.8-l - 5.8-10; #2,
pgs 4-157 - 4-167; #3, pgs 9-10; #I, pg 10)
cl cl cl
cl 0. 0
cl
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cl
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q
lxl
lx
cl 0 Cl Ix]
xv. RECREATIONAL. Would the proposal:
9 Rev. 03128196
Issues (and Supporting Information Sources).
a) Increase the demand for neighborhood or regional
parks or other recreational facilities? (#I, pgs
5.12.8-I - 5.12.8-7; #2, pgs 4-157 - 4-167; #3, pg
15; f% Pg 10) b) Affect existing recreational opportunities? (#I, pgs
5.12.8-I - 5.12.8-7; #2, pgs 4-157 - 4-167; #3, pg
15; w pg 10)
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?
XVII. EARLIER ANALYSES.
Potentially Significant
Impact
cl
q
cl
cl
cl
Potentially
Significant
Unless Mitigation
Incorporated
Cl
cl
El
cl
cl
LessThan No Significant Impact Impact
cl El
III
cl
cl
Ix]
IXI
lxl
Referenced in the above checklist are the earlier environmental analysis that have been
conducted for the project site. Source #1 is the Master Environmental Impact Report for the
City’s 1994 General Plan Update (MEIR 93-01) reviewed the potential impacts of buildout of the
City’s General Plan, including transportation and air quality impacts. Source #2 is the
Environmental Impact Report for the Pacific Rim Country Club and Resort (EIR 83-02(A) for
CT 85-35/MP 177) certified on December 8, 1987, analyzed all of the potential impacts for the
development and occupation of the over 2,000 units residential master plan (now known as
Aviara) with its associated 18 hole golf course, 550 room hotel, sports club and neighborhood
commercial site, including development of Planning Area 23. Source #3 is the Mitigated
Negative Declaration for the Aviara Phase III Master Plan Amendment (CT 92-03h4P 177(G)),
approved l/25/94, which reviewed the grading and construction related to the development of
Phase III, including development of Planning Area 21. Source #4 is the Negative Declaration
and Master Environmental Impact Report Addendum for the Aviara Planning Area 23 Master
Plan Amendment and General Plan Amendment (MP 177(R)/GPA 96-02), which reviewed the
potential environmental impacts associated with developing Aviara PA 23 with small-lot single
family uses. Without exception, the proposed action has no additional impacts not previously
analyzed in the earlier environmental review and no additional review or mitigation measures are
necessary.
10 Rev. 03/28/96 L4
DISCUSSION OF ENVIRONMENTAL EVALUATION
-
The proposal involves the construction of 61 small-lot single family homes in Aviara Planning
Area 23. The site is currently being graded in conformance with the Aviara Phase III Master
Tract Map. The proposed homes meet all applicable standards and policies, including setbacks,
building height and architectural style. No environmentally sensitive resources exist on the
previously graded site and no significant adverse impacts to the environment are anticipated.
AIR OUALITY:
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 sulfur, 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-O 1, 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.
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.
11 Rev. 03128196 b-3
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 93-01, 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.
12 Rev. 03128196 cL”t
CITY OF CARLSBAD
GROWTH MANAGEMENT PROGRAM
LOCAL FACILITIES IMPACTS ASSESSMENT FORM
(To be Submitted with Development Application)
PROJECT IDENTITY AND IMPACT ASSESSMENT:
FILE NAME AND NO: Cristalla - Aviara PA 23 - MP 177(X)/r,CPA 97-l l/CT 97-ZO/PUD 97-
17/GDP 97-5 1
LOCAL FACILITY MANAGEMENT ZONE: 19 GENERAL PLAN: RM
ZONING: P-C
DEVELOPER’S NAME: Brehm - Aviara Development Associates. L.P.
ADDRESS: 2835 Camino de1 Rio North. Suite 220. San Diego CA 92108
PHONE NO.: (619)293-709Q ASSESSOR’S PARCEL NO.: 215-042-01. -02
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 61 dus
ESTIMATED COMPLETION DATE: December. 1998
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
City Administrative Facilities: Demand in Square Footage = 491.57
Library: Demand in Square Footage = 262.14
Wastewater Treatment Capacity (Calculate with J. Sewer) 61 EDU
Park: Demand in Acreage = 0.98
Drainage:
Circulation:
Fire:
Open Space:
Schools:
Sewer:
Water:
Demand in CFS =
Identify Drainage Basin =
Demand in ADT =
Served by Fire Station No. =
Acreage Provided =
Demands in EDU
Demand in GPD =
N/A
EDA D
610
NIA
CUSD
61 FDU
13.420
The project is 81 units below the Growth Management Dwelling unit allowance.
BACKGROUND DATA SHEET
CASE NO: MP 177(X)/JCPA 97-l l/CT 97-2O/PUD 97-l 7KDP 97-5 1
CASE NAME: Cristalla - Aviara Planning Area 23
APPLICANT: Brehm - Aviara Development Associates. L.P.
REQUEST AND LOCATION: Master Plan Amendment. J,ocal Coastal Program Amendment,
Tentative Tract Map. Planned Unit Development Permit a d Coastal Development Permit to
allow the subdivision and construction of a 61 unit. sinile-family air-space condomm . . mm
develonment on nrearaded oads located in Aviara PlanninP Area 23. at the northeast comer of
Aviara Parkwav and Black Rail Road
LEGAL DESCRIPTION:
North. Unit No. 6.
December 10. 1997.
Lots 138 and 139 of Carlsbad Tract No. 92-3. Aviara Phase III
13. filed in the Office of the County Clerk on
f Carlsbad. County of San Diego. State of California.
APN: 215-042-01. -02 Acres: 17.4 Proposed No. of Lots/Units: 9 lots. 61 units
GENERAL PLAN AND ZONING
Land Use Designation: Residential Medium Density (RM)
Density Allowed: 4.0 - 6.0 du./ac Density Proposed: 4.38 du/ac
Existing Zone: P-C Proposed Zone: P-C
Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning
Requirements)
Zoning. J and Use
Site P-C Information Center
North L-C Agriculture
South P-C Single family condos
East P-C Open space
West P-C Open space
PUBLIC FACIJJTIES
School District: Callsbad Water District: &&bad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity): 61
Public Facilities Fee Agreement, dated: November 10. 1997
FNVIRONMENTAL IMPACT ASSESSMENT
cl Negative Declaration, issued
[XI Other, P~liance. dated April 17.1998
-
PLANNING AREA 23: MTls SINGLE-FAMILY RESIDENTIAL
DESCRIPTION:
This 18.3 acre planning area is located near the center of the Master Plan on the north side of Alga Road.
DEVFTJJPMENT .XWDARD~: PR All development in Planning Area 23 shall conform to the development standards of the Planned Development Ordinance (Carlsbad Municipal Code, Chapter 21.45.090) unless otherwise noted in this Chapter.
YSE AT,TQ~ATION: Maximum of 3-42 61 mt;lti ftx&+ detached single family residential units (3.3 DU/AC). Private recreation facilities shall be required in conjunction with the residential units. A 2-acre community recreation vehicle storage facility.
PERMITTED USES:
v Single family airspace condominium residential housing. Recreational facilities.
SITE DEVELOPMENT STANDARDS:
Jieiaht:
The maximum height in this planning area is ?& 30 feet as determined by Section 21.04.065 of the Carlsbad Municipal Code. e of 30
Setbacks : Minimum setback along Alga Road for structures shall be 50 feet. The
minimum setback from the public utility easement shall be 30 feet. The minimum front yard setback shall be 20 feet for street-facing garages and 10 feet for habitable spaces and side-loaded . . garages, all measured from the p-y l;,,c f-&d 20
back of
sidewalk, or in the case of no sidewalk, the back of the . . . . . _ . . curb. W tUII.2d
Setback compliance with the intent of City Council Policy No.
44 regarding small lot single family projects is required.
Parkina:
Parking shall conform to the standards of'chapter 21.44 of the Carlsbad Municipal Code.
SPECIAI, DESIGN CRITERIA:
Desion:
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 :
159
* The architecture of all buildings in this planning area shall be compatible with that of the hotel.
* A through public street shall be provided from Alga Road through PA 23 to the area north of PA 23.
* The site layout for this Planning Area shall be coordinated to ensure compatibility with adjacent planning areas.
* Strong architectural relief features shall be incorporated into all structures visible from Alga Road.
ENm Treatment c .
A neighborhood entry may be located along each side of Black Rail Road.
If required as a result of a noise study, a noise attenuation structure, earthen berm, or combination of the two shall be required along Alga Road. The noise study shall be conducted prior-to submittal of a Site Development Plan.
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.
* The recreation vehicle storage facility shall be screened by a combination of fences and landscaping on all sides of the facility. This screening shall be the responsibility of the Maeter HOA.
* A fire suppression zone subject to the approval of the Planning Director and Fire Marshal shall be established
between native 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.
* All setbacks shall be heavily landscaped except ata
constrained by Coastal Conunission requirements.
* Landscaping shall be incorporated to screen all dwelling units from Alga Road and the golf course, while preserving views from the units to the extent possible.
* The dominant unifying landscape elements for this planning area shall be preselected street trees. Common landscape areas and slopes shall be planted prior to homeowner occupation. Individual homeowner landscapes shall vary.
* Views to and from the golf course and lagoon should be preserved.
161
Owen Snace, .
The manufactured slopes of this planning area shall be maintained as
open space by the community open space maintenance district.
a portion of the community trail linking Alga Road and Poinsettia Lane
is located along the easterly edge of the site. Construction of this trail shall be a condition of development for this planning area. Revision to the trail alignment in this segment may occur, in consultation with the Dept. of Fish and Game and U.S. Fish and Wildlife Service, to extend south to a connection with Alga Road and avoid environmentally sensitive habitat areas.
Any development within this planning area shall comply with the City's Hillside Development Regulations and the slope and resource preservation policies of the underlying local coastal program and subsequent coastal permit. Any application for development within this planning area shall require a slope analysis/biological resource map during Site Development Plan review.
DRA-i EXHIBIT 6
5. MP 177IX)ILCPA 97-ll/CT 97-2O/PUD 97-17ICDP 97-51 - CRISTALLA - AVIARA PLANNING
AREA 23 - Request for a Master Plan Amendment, Local Coastal Program Amendment,
Tentative Tract Map, Planned Unit Development and Coastal Development Permit to allow the
subdivision and construction of a 61 unit, single-family air-space condominium development on
pregraded pads located in Aviara Planning Area 23, at the northeast corner of Aviara Parkway
and Black Rail Road, in Local Facilities Management Zone 19.
Assistant Planning Director, Gary Wayne introduced the item and announced that the Commission’s
action on this item is not final and will be forward to the City Council for it’s consideration. Mr. Wayne
introduced Associate Planner Michael Grim who described the project and presented the staff report as
follows: This is a request for a number of permits, both legislative and development, to allow the
development of a 61 units, single-family air-space condominium project within Aviara Planning Area 23.
Planning Area 23 is located north of Aviara Parkway and is cut into two parts by Black Rail Road which
continues northward towards the existing water towers and future development in Zone 20. The project is
located within the Aviara Master Plan and is subject to all of the provisions of that Master Plan as well as
being located in the Coastal Zone. The existing zoning would allow up to 141 multi-family units and has a
larger building separation and larger front yard setbacks. Therefore, the applicant is requesting a Master
Plan Amendment (also the Local Coastal Program for the area), to change the number of units to 61
single-family units and also to make some of the resulting developmental changes which will allow the
buildings to be a little bit closer than large multi-family buildings and allowing a little more encroachment
toward the street. The land is semi-graded and the old Aviara Information Center is being dismantled.
Just beyond the site, located in a SDG&E easement, is the RV storage area for the remainder of the
Master Plan. This is one of the issues addressed by staff to make sure that with these entitlements, there
would be guaranteed access through the area for all Aviara residents to use the RV storage area. There
are customized discussions and conditions in the staff report to make sure that the access is guaranteed.
Staff is currently processing a Master Plan Amendment to allow Aviara to split into two different Master
Homeowners Associations and staff wants to assure the Commission that the conditions and staff report,
as written, disclose that fact and to make sure that either one of the Master Homeowners Associations will
be responsible for maintaining and ensuring access to the RV Storage area property, given the easements
declared in the conditions. As stated previously, the proposed project has two components; the first is the
legislative action to change the Master Plan; the second are the development permits which include a
Tract Map, a Planned Unit Development Permit, and a Coastal Development Permit. These are single-
family air-space condominiums with exclusive use areas around each one. There are three “pocket” parks
for passive recreation areas as required by single-family PUDs. All of the streets are wide enough to
accommodate guest parking and all of the driveways will also be large enough to accommodate guest
parking. The project is a gated community and meets all of the standards of the Aviara Master Plan, as
written or amended, and conforms to the Local Coastal Program, the Local Facilities Management Plan,
the General Plan, and all applicable ordinances. Therefore, staff is recommending a recommendation of
approval. Mr. Grim pointed out that two memorandums have been submitted to the Commission. One
memorandum is from the Engineering Department regarding water and some of the street improvements.
The other is a Planning Department memorandum which deals with the Growth Management and
Environmental issues associated with the intersection of El Camino Real and Palomar Airport Road.
Commissioner Welshons asked for more detail regarding the condition associated with Palomar Airport
Road.
Mr. Grim replied that the City just received the annual Growth Management Traffic Monitoring report which
PLANNING COMMISSION March 17, 1999 Page 5
shows that at A.M. and P.M. peak hours, the intersection of El Camino Real and Palomar Airport Road will
fail. This could qualify as a “changed circumstance” under CEQA. Therefore, a condition had to be added
that makes this applicant pay a fair share of the improvements needed to get that intersection down to a
Level of Service (LOS) that is acceptable. These are short term improvements but undoubtedly there will
have to be some long term improvements addressed as well. Presently, staff feels that the short term
improvements, as stated in the mitigation, would adequately bring the project down to a level of
insignificance and therefore be in conformance with CEQA.
Commissioner Welshons asked what an acceptable level of service is.
Principal Engineer, Bob Wojcik responded by stating that the acceptable level of service preferred by
Growth Management is Level of Service “D”. Currently the intersection is at a LOS “E”.
Commissioner Welshons asked how it is determined that by making one change, the LOS will change to a
level “D”.
Mr. Wojcik replied that the Engineering Department has run a traffic model to show that the intersection
will work at a level of service I‘D”, once the proposed mitigation takes effect.
Commissioner Welshons asked how long that level “D” will last.
Mr. Wojcik replied that they expect the level 73” to last from one to three years, depending upon regional
growth.
Commissioner Welshons asked who will pay for more long term improvements.
Mr. Wojcik replied that a programs is being put together for the developers in the areas of future Faraday
Avenue, east of El Camino Real, and Poinsettia Lane, east of El Camino Real. Those local zones will be
contributing most of the financing of those roads. With the addition of the two east-west arterial routes,
some of the traffic on Palomar Airport Road will be relieved and congestion will be reduced at the subject
intersection.
Commissioner Welshons asked if traffic, as far south as Olivenhain, affects the Palomar Airport Road/El
Camino Real intersection.
Mr. Wojcik replied that as far as CEQA is concerned, it is the effect of the entire City. As far as Growth
Management is concerned, it is only the zone that contributes 20% of its traffic to that intersection. Zone
19 is one of the 20% intersections.
Commissioner Compas asked if the applicant has agreed with these changes.
Mr. Grim replied that the applicant was not present at the beginning of the meeting and therefore has not
been given the opportunity to read the subject memorandums.
RECESS:
Chairperson Heineman called a recess at 6:28 p.m., to allow the applicant time to read the subject
memorandums.
The Planning Commission reconvened at 6:29 p.m., with seven Commissioners present.
Mr. Grim, after conferring with the applicant, stated that the applicant is in agreement with the conditions
and the memorandums.
Commissioner Welshons asked is there is a good reason for this project being a gated community.
Mr. Grim replied that developers report that a gated community is an excellent marketing tool. Staff looks
at gated communities as neither good nor bad and have developed standards for gated communities.
Consequently, staff knows what is expected of a gated community to make them operate. This project
MINUTES 7/
PLANNING COMMISSION March 17,1999 Page 6
meets those standards.
Klaus Mendenhall, Project Manager for the Brehm Companies, 5770 Oberling Drive, San Diego, stated
that he and their consultants are available to respond to questions. He also stated their agreement with
the staff report and recommendations.
Commissioner Compas asked if they accept the changes as requested by the Engineering Department.
Mr. Mendenhall replied that those changes are acceptable.
Commissioner Compas asked Mr. Mendenhall to state their schedule, once they have all of the proper
approvals and what the price of these units will be.
Mr. Mendenhall replied that they hope to have models in the ground by mid-July and begin selling
sometime in September or early October at the latest. Regarding price, Mr. Mendenhall stated that the
prices will begin at about $380,000.
Chairperson Heineman opened Public Testimony and offered the invitation to speak. Seeing no one
wishing to testify, Chairperson Heineman closed Public Testimony.
ACTION: Motion by Commissioner Nielsen, and duly seconded, to adopt Planning
Commission Resolutions No. 4470, 4471, 4472, 4473 and 4474, recommending
approval of MP 177(X), LCPA 97-l 1, CT 97-20, PUD 97-17, and CDP 97-51,
based upon the findings and subject to the conditions contained therein, including
the two memorandums submitted by staff.
VOTE:
AYES:
NOES:
ABSTAIN:
7-o
Heineman, Compas, Nielsen, L’Heureux, Welshons, Savary, Noble
None
None
-
NOTICE OF PUBLIC HEARING
DESCRIPTION:
COMPLETE DATE: December 151997
Request for approval of a Master Plan Amendment, Local Coastal Program Amendment, Tentative Tract
Map, Planned Unit Development and Coastal Development Permit to allow the subdivision and construction of a 61 unit, single-family air-space condominium development on pregraded pads located in
Aviara Planning Area 23.
LOCATION:
This project is within the City of Carlsbad’s Coastal Zone located at the northeast comer of Aviara
Parkway and Black Rail Road, in Local Facilities Management Zone 19.
ASSESOR’S PARCEL NUMBER:
215-080-24
APPLICANT: Brehm-Aviara III Development Association LP
2835 Camino De1 Rio South, Ste. 2 San Diego, CA 92101
A public hearing on the above proposed project will be held by the Carlsbad City Council in the Council Chambers,
1200 Carlsbad Village Drive, Carlsbad, California, on April 20, 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 April
16, 1999.
If you have any questions, or would like to be notified of the decision, please contact Mike Grim at the City of
Carlsbad Planning Department, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 2075 Las Palmas Drive, Carlsbad, California 92009, (760) 43 8- 116 1, extension 4499.
APPEALS
The time within which you may judicially challenge the Master Plan Amendment, Local Coastal Program
Amendment, Tentative Tract Map, Planned Unit Development and/or Coastal Development Permit, if approved, is
established by state law and/or city ordinance, and is very short. If you challenge the Master Plan Amendment, Local Coastal Program Amendment, Tentative Tract Map, Planned Unit Development and/or Coastal Development
Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk’s Office at, or
prior to, the public hearing.
1. Anneals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in
writing within ten (10) calendar days after a decision by the Planning Commission.
2. Coastal Commission Appealable Project:
OThis site is located within the Coastal Zone Appealable Area.
Q’lhis site is not located within the Coastal Zone Appealable Area.
Where the decision is appealable to the Coastal Commission, appeals must be filed with the Coastal Commission within ten (10) working days after the Coastal Commission has received a Notice of Final Action from the City of
Carlsbad. Applicants will be notified by the Coastal Commission of the date that their appeal period will conclude. The San Diego office of the Coastal Commission is located at 3 111 Camino De1 Rio North, Suite 200, San Diego, California 92108-1725.
CASE FILE: MP 177fXYLCPA 97-1 l/CT 97-2O/PUD 97-17KDP 97-51
CASE NAME: CRISTALLA-AVIARA PA 23
PUBLISH: April 9,1999
ARf’OHT /
. . . . . . . . w . I \
CRISTALLA - AVIARA P.A. 23
MP 177(X)/LCPA 97-j l/CT 97-20/
PUD 9747lCDP 97-51
(Form A)
TO: C1T.Y CLERK’S OFFICE
FROM: PLANNING DEPARTMENT
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notide
up 177(x)/LCp~ 97-ll/CT g7-20/PUD 97-17/GDP 97-51 - Cristalla - Aviara PA 23
for a public hearing before the Clty Council.
Please notice the item for the council meeting of First Available Hearing
.
Thank you.
Assistant Clty Man-- *
March 241 1999
Date
City of Carlsbad
COMPLETE DATE: December 15,1997
DESCRIPTION:
Request for a Master Plan Amendment, Local Coastal Program Amendment, Tentative
Tract Map, Planned Unit Development and Coastal Development Permit to allow the
subdivision and construction of a 61 unit, single-family air-space condominium
development on pregraded pads located in Aviara Planning Area 23.
LOCATION:
This project is within the City of Carlsbad’s Coastal Zone located at the northeast comer
of Aviara Parkway and Black Rail Road, in Local Facilities Management Zone 19.
ASSESSOR’S PARCEL NUMBER:
2 15-080-24
APPLICANT:
Brehm-Aviara III Development Assn. LP
2835 Camino De1 Rio So., Ste. 2
San Diego, CA 92101
A public hearing on the above proposed project will be held by the Planning Commission in the
Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, on March 17, 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 March 11, 1999.
If you have any questions, or would like to be notified of the decision, please contact Mike Grim
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-
1 16 1, extension 4499.
. . .
. . .
. . .
2075 La Palmas Dr. - Carlsbad, CA 92009-l 576 l (760) 438-l 161 - FAX (760) 438-0894 @
APPEALS
The time within which you may judicially challenge this Master Plan Amendment. Local Coastal
Program Amendment, Tentative Tract Map, Planned Unit Development and Coastal
Development Permit, if approved, is established by state law and/or city ordinance, and is veq
short. If you challenge the Master Plan Amendment, Local Coastal Program Amendment,
Tentative Tract Map, Planned Unit Development 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 prior to
the public hearing.
1. : Where the decision is appealable to the City Council,
appeals must be filed in writing within ten (10) calendar days after a decision by the
Planning Commission.
2. Coastal Commission Appealable Project:
0 This site is located within the Coastal Zone Appealable Area. q This site is not located within the Coastal Zone Appealable Area.
Where the decision is appealable to the Coastal Commission, appeals must be filed with the
Coastal Commission within ten (10) working days after the Coastal Commission has received a
Notice of Final Action from the City of Carlsbad. Applicants will be notified by the Coastal
Commission of the date that their appeal period will conclude. The San Diego office of the
Coastal Commission is located at 3111 Camino De1 Rio North, Suite 200, San Diego, California
92108-1725.
CASE FILE: MP 177(X)/LCPA 97-l l/CT 97-2O/PUD 97-l 71CDP 97-5 1
CASE NAME: CRISTALLA - AVIARA PA 23
PUBLISH: MARCH 4,1999
.-
AIR POLLUTION CNTRL DIST
9150 CHESAPEAKE DR
SAN DIEGO CA 92123
LAFCO
1600 PACIFIC HWY
SAN DIEGO CA 92101
CITY OF CARLSBAD
WATER DISTRICT
SD COUNTY PLANNING CA DEPT OF FISH & GAME
STE B STE 50
5201 RUFFIN RD 330 GOLDENSHORE DR
SAN DIEGO CA 92123 LONG BEACH CA 90802 I
’ CARLSBAD UNIFIED SCHOOL DIST
’ 801 PINE ST
CARLSBAD CA 92008
.
: CITY OF CARLSBAD CITY OF CARLSBAD
: PUBLIC WORKS - ENGINEERING DEPT 1 PUBLIC WORKS - COMM SVS I
CITY OF CARLSBAD
PROJECT PLANNER
MIKE GRIM
. I
MARGO E REEVES
69 13 THRUSH PL
CARLSBAD CA 92009
’ AVIARA RESORT ASSOC ’ BREHM - AVIARA III DEVELOPMENT
, 7100 FOUR SEASONS PT 5770 OBERLIN DR
CARLSBAD CA 92009 SAN DIEGO CA 92121-1723
THOMAS & JERRY MASS
2851 TORRY CT
CARLSBAD CA 92009
.
‘H:iADMlNiLtiELS\LCP
INTERESTED PARTIES
UPDATED 11-96
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
-LANlKAl 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 IAMB
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
> -.-- . . j :_ .,z
? ‘3
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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
--*,_ I
.f
; / U.S. FISH & WILDLIFE SERVICES
;;j : 2730 LOKER AVE WEST
‘j’ CARLSBAD CA 92008 1 ‘,i ‘* ,’
-
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 92018
iILL MCLEAN
.,
c/o LAKESHORE GARDENS
7201 AVENIDA ENCINAS
CARLSBAD CA 92009
iPIERS ENTERPRISES
DWIGHT SPIERS
SUITE 139
23 CORPORATE PLAZA
NEWPORT BEACH CA 92660
- SUPERVISOR BILL HORN
A-ITN: 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 8, ELECTRIC
PO BOX 1831
‘SAN DIEGO CA 92112
!
rcI
_ --
’ -LABELS - 5163 SANDAG (SAN DIEGO COUNTY)
LCPA MAILING LIST (GOVERNMENT AGENCIES) I gTy8zfG0 pLAZA
401 B STREET
SANDIEGO CA 92101 APPENDIX A (LIST IS REQUIRED BY COASTAL
COMMISSION)
_- ------. .- .-. -. .---
DEPARTMENT OF JUSTICE
DEPUTY ATTORNEY GENERAL
ROOM 700
110 WEST A STREET
SANDIEGO CA 92101
: OFFICE OF PLANNING AND RESEARCH
; OFFICE OF LOCAL GOVERNMENT AFAIRS I 1400 TENTH STREET
SACRAMENTO CA 95814 /
PUBLIC UTILITIES COMMISSION
350 MCALLISTER STREET SAN FRANCISCO CA 94103
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
TIM VASQUEZ, ENVIRONMENTAL PLANNING
2829 SAN JUAN ST
SANDIEGO CA 92138
DEPARTMENT OF FOOD AND AGRICULTURE
STEVE SHAFFER, AGRICULTURE RESOURCES
ROOM 100
1220 N STREET
SACRAMENTO CA 958 14
RESOURCES AGENCY
RM 1311 1416 NINTH STREET
SACRAMENTO CA 95812
___ .,.-. _
. . .._ _~~-.----..-. -- - --.- ..-
U. S. FISH AND WILDLIFE SERVICE
‘SUITE 130
33 10 EL CAMINO AVENUE
SACRAMENTO CA 95821
ENERGY RESOURCES, CONSERVATION
AND DEVELOPMENT COMMISSION
CHUCK NAJARIAN
1516 NINTH STREET
SACRAMENTO CA 958 14
MARINE RESOURCES REGION, DR & G
ENVIRONMENTAL SERVICES SUPERVISOR
350 GOLDEN SHORE
LONGBEACH CA 90802
SOUTHERN REGION
JOHN WALSTROM, TECHNICAL SERVICES
8885 RIO SAN DIEGO DRJVE
SAND DIEGO CA 92108
STATE LANDS COMMISSION
DWIGHT SANDERS
SUITE 1005
100 HOWE AVE
SACRAMENTO CA 95825-8202
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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 WICKJZER, ENVIROMENTAL COORD
RM 1516-2
1416 NINTH STREET
SACRAMENTO CA 95814
SAN FRANCISCO BAY CONSERVATION
AND DEVELOPMENT COMMJSSION
BILL TRAVIS
30 VAN NESS AVENUE SANFRANCISCO CA 95814
WATER RESOURCES CONTROL BOARD
PO BOX 100
SACARAMENTO CA 95801
REGIONAL WATER QUALITY CONTROL BOARD
SUITE B
9771 CLAIREMONT MESA BLVD
I SANDIEGO CA 92124-1331
DEPARTMENT OF AGRICULTURE
ATTN: GARY
RESOURCE CONSERVATIONIST
SUITE 102
2121-C SECOND STREET
DAVIS CA 95616
PACIFIC REGIONAL MANAGER
NATIONAL OCEANIC AND ATMOSPHERIC
ADMIN - OCRM, 55MC4
N/ORM - 3
1305 EAST-WEST HIGHWAY
SILVER SPRING MD 20910
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
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BARRY BRAYER, AWP-8
FEDERAL AVIATION ADMINISTRATION
WESTERN REGION
PO BOX 92007
LOS ANGELES CA 90009
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
SANDIEGO CA 92132
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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
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SUPERINTENDENT
CHANNEL ISLANDS NATIONAL PARR
190 1 SPINNAKER DRIVE
SAN BUENAVENTURA CA 93001
BUREAU OF INDIAN AFFAIRS
RONALD M. JAEGER
2800 COTTAGE WAY
SACRAMENTO CA 95825
DEPARTMENT OF ENERGY
CLIFFORD EMMERLING, DIRECTOR
SUITE 350
901 MARKET STREET
SAN FRANCISCO CA 94103
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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 PARR
DRAWERN
1111 2mSTREET
CRESCENT CITY CA 95531
CALIFORNIA COASTAL COMMISSION
SUITE 200
3111 CAMINO DEL RIO NORTH
SANDIEGO CA 92108
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Akira & Toshiko Muroya PO Box 9000-602 Carlsbad CA 92018
Charitable R Buerger PO Box 3033 Carlsbad CA 92009
Linda Sugino-Shimokaji 1 Mahogany Run Coto De Caza CA 92679
Kenneth Bertossi 7094 Aviara Dr Carlsbad CA 92009
Werner F & Ivy Astl 7085 Aviara Dr Carlsbad CA 92009
Amos & Shela Sommers 7092 Aviara Dr Carlsbad CA 92009
Eric P Grasshoff 7081 Aviara Dr Carlsbad CA 92009
Aviara Master Associati 2011 Palomar Airport Rd Carlsbad CA 92009
Woodrow W Martin 7053 Eider Ct Carlsbad CA 92009
Aviara Master Associati 2251 San Diego Ave A250 San Diego CA 92110
John D Orozco Devon Pickup 6670 Towhee Ln 6664 Towhee Ln Carlsbad CA 92009 Carlsbad CA 92009
Laith Salem 6658 Towhee Ln Carlsbad CA 92009
Richard C Noia Joseph & Rhonda Mahon 6650 Towhee Ln 6646 Towhee Ln Carlsbad CA 92009 Carlsbad CA 92009
Bernice T Teren 6654 Towhee Ln Carlsbad CA 92009
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Marvin M & Simon Rotter 6634 Towhee Ln Carlsbad CA 92009
Mary F Cokeley 6909 Thrush Pl Carlsbad CA 92009
Sheldon & Joan Horing 65 Cornell Dr Livingston NJ 07039
William D Palmer 6642 Towhee Ln Carlsbad CA 92009
Costas C & Gail Loullis 6638 Towhee Ln Carlsbad CA 92009
Chet Francisco 6905 Thrush Pl Carlsbad CA 9200.9
Benjamin P Sigler 6917 Thrush Pl Carlsbad CA 92009
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Richard W Roach 6904 Thrush Pl Carlsbad CA 92009
Arthur B Lesher 6916 Thrush Pl Carlsbad CA 92009
Eugene Schwartz 6928 Thrush Pl Carlsbad CA 92009
Cicourel Edward N&Blanc 823 Inverness Dr Ranch0 Mirage CA 92270
Peter S & Helen Wilke 1569 Cormorant Dr Carlsbad CA 92009
Osborn 1568 Cormorant Dr Carlsbad CA 92009
Karin M Tompkins 1580 Cormorant Dr Carlsbad CA 92009
Tuat 6909 Avocet Ct Carlsbad CA 92009
Joan M Danzinger .6904 Avocet Ct Carlsbad CA 92009
Mario E Peyrot 1600 Cormorant Dr Carlsbad CA 92009
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Charles D Merritt 6908 Thrush Pl Carlsbad CA 92009
Lydia Manthei 2573 Laconia Ave Las Vegas NV 89121
Rel E & Nancy Schmitt 1550 Cormorant Dr Carlsbad CA 92009
Linda Polonsky 1561 Cormorant Dr Carlsbad CA 92009
David S Smith 1560 Cormorant Dr Carlsbad CA 92009
Leslie P Constantini 1572 Cormorant Dr Carlsbad CA 92009
Lee A Curtis 1584 Cormorant Dr Carlsbad CA 92009
Betty L & Richard Dodge 6913 Avocet Ct Carlsbad CA 92009
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Elmer A Kitinoja 1604 Cormorant Dr Carlsbad CA 92009
Timothy S Mitchell 6912 Thrush Pl Carlsbad CA 92009
Claris R Halliwell 6908 Avocet Ct Carlsbad CA 92009
Irving & Joanne Abeson 17500 Magnolia Blvd Encino CA 91316
Alan & Beverly Lubic 1565 Cormorant Dr Carlsbad CA 92009
Michael P & Donna Voss 11947 N Forest Dr Mequon WI 53092
Craig M Tanner 1576 Cormorant Dr Carlsbad CA 92009
Tonita K Nagle 8 Chesterfield Dr Voorheesville NY 12186
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Helen F Pearson 6917 Avocet Ct Carlsbad CA 92009
Melinda C Gustavson 45320 Santa Fe Cv Indian Wells CA 92210
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Alan Wise 1612 Cormorant Dr Carlsbad CA 92009
Edith E Gilbert 6913 Goldfinch Pl Carlsbad CA 92009
Michael Kantrowitz 6912 Goldfinch Pl Carlsbad CA 92009
F S Aviara 7100 Four Seasons Pt Carlsbad CA 92009
Dale G & Margaret Bone 7065 Tatler Rd Carlsbad CA 92009
Yvonne M Boyer 7057 Eider Ct Carlsbad CA 92009
Brent B Norris 7069 Tatler Rd Carlsbad CA 92009
Nannette St Amour 7005 Surfbird Cir Carlsbad CA 92009
Rosie M Randenberg 125 E 83rd St 6 New York NY 10028
Richard W Stinson 6904 Goldfinch Pl Carlsbad CA 92009
Morton M Poznak 401 N Michigan Ave 1900 Chicago IL 60611
Stephanie A Williams 6909 Goldfinch Pl Carlsbad CA 92009
F S Aviara
Olympus&S C H Housing N Woodrow W Martin 95 Argonaut 210 7053 Eider Ct Aliso Viejo CA 92656-)q#? Carlsbad CA 92009
Betty Bloomfield 7061 Tatler Rd Carlsbad CA 92009
Seacountry Homes Pa-15 Douglas S Deibert 3 Corporate Plaza Dr 100 7001 Surfbird Cir Newport Beach CA 92660 Carlsbad CA 92009
John E & Karen Kavan 7009 Surfbird Cir Carlsbad CA 92009
Wells 7013 Surfbird Cir Carlsbad CA 92009
Paul E Zwimpfer 7017 Surfbird Cir Carlsbad CA 92009
/ Richard A Hughes ~ PO Box 456 j De1 Mar CA 92014
Anne I Bergen 7025 Surfbird Cir Carlsbad CA 92009
Robert C Turnauckas 7029 Surfbird Cir Carlsbad CA 92009
Arthur Hickman ' 7033 Surfbird Cir Carlsbad CA 92009
iMichael E & Jill Heijer 3015 Fairweather Pl Hunts Point WA 98004-/m&
At A Marea 7262 Surfbird Cir Carlsbad CA 92009
Mary L Lowry 72785 Surfbird Cir I Carlsbad CA 92009
!Nirut Sirichanya 400 E Van Buren St 650 ,Phoenix AZ 85004
/Kevin L Beddoe '7130 Surfbird Cir Carlsbad CA 92009
Frederick A Baker 400 E Van Buren St 650 Phoenix AZ 85004
Timothy H Farwell 7160 Surfbird Cir "
i Carlsbad CA 92009
Timothy H Farwell 7160 Surfbird Cir Carlsbad CA 92009
Akira & Toshiko Muroya 7170 Surfbird Cir Carlsbad CA 92009
,David W Hylen : 7203 Surfbird Cir Carlsbad CA 92009
Fah S & Polly Liew 7238 Surfbird Cir Carlsbad CA 92009
~ Kethleen M Emmert 7287 Surfbird Cir i Carlsbad CA 92009
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Ting L & Lily Ho 7167 Surfbird Cir Carlsbad CA 92009
Jeffrey W Blakeman Bozidar Draskovic 7171 Surfbird Cir 7175 Surfbird Cir Carlsbad CA 92009 Carlsbad CA 92009
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Ann Mckenna 7179 Surfbird Cir Carlsbad CA 92009
Jeff & Devon Manuel 7183 Surfbird Cir Carlsbad CA 92009
Kevin M Kienast 7187 Surfbird Cir Carlsbad CA 92009
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Dennis E Cunningham 7119 Surfbird Cir Carlsbad CA 92009
Jay C & Gorton Dicker 25 Biscayne Ct San Rafael CA 94901-l)Yj7
Predrag Mitrovich 7135 Surfbird Cir Carlsbad CA 92009
Louis J & Janice Feiner 7147 Surfbird Cir Carlsbad CA 92009
David & Clarke Kinsley 7163 Surfbird Cir Carlsbad CA 92009
James R Miller 7045 Surfbird Cir Carlsbad CA 92009
Carol Kim 7057 Surfbird Cir Carlsbad CA 92009
Jeffrey J Siegel 7069 Surfbird Cir Carlsbad CA 92009
Chang-Man & Jyung Park 824 Turnbridge Cir Naperville IL 60540
Daniel S Lankford 7089 Surfbird Cir Carlsbad CA 92009
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Richard M Noble 7115 Surfbird Cir Carlsbad CA 92009
Torsten M Symonds 7127 Surfbird Cir Carlsbad CA 92009
John H Lindsey 7139 Surfbird Cir Carlsbad CA 92009
Thomas Hageman 7151 Surfbird Cir Carlsbad CA 92009
Akira & Toshiko Muroya 7159 Surfbird Cir Carlsbad CA 92009
Allessandro Pedrazzani 7049 Surfbird Cir Carlsbad CA 92009
Robert 0 & Karen Lopp 7061 Surfbird Cir Carlsbad CA 92009
Nirut Sirichanya 7073 Surfbird Cir Carlsbad CA 92009
Richard Pino 7085 Surfbird Cir Carlsbad CA 92099
Carmen J & Theresa 7093 Surfbird Cir Carlsbad CA 92009
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William W Fowler 7119 Surfbird Cir Carlsbad CA 92009
Ruth M Avery 7201 Lantana Ter Carlsbad CA 92009
Ranko Radojicic 7143 Surfbird Cir Carlsbad CA 92009
Nachtsheim% 7155 Surfbird Cir Carlsbad CA 92009
Samuel L & Linda Elam 7041 Surfbird Cir Carlsbad CA 92009
Michael S Joseph 7053 Surfbird Cir 14 Carlsbad CA 92009
Timothy J Harris 7065 Surfbird Cir Carlsbad CA 92009
James N Elliott 7077 Surfbird Cir Carlsbad CA 92009
Thomas E Harkenrider 7097 Surbird Cir Carlsbad CA 92009
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Christian Albano 7099 Surfbird Cir Carlsbad CA 92009
David P & Shelly Kelly 7111 Surfbird Cir Carlsbad CA 92009
Thomas F Fleming 7070 Surfbird Cir Carlsbad CA 92009
Baker 7088 Surfbird Cir 7118 Carlsbad CA 92009
Mary K Ryan 7100 Surfbird Cir Carlsbad CA 92009
Jennifer Price 7118 Surfbird Cir Carlsbad CA 92009
Wade One 7251 Surfbird Cir Carlsbad CA 92009
Wade 7521 Surfbird Cir Carlsbad CA 92009
Susan Hayward 7211 Surfbird Cir Carlsbad CA 92009
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John C Fornal 7103 Surfbird Cir Carlsbad CA 92009
Marianne B Lawrence 7076 Surfbird Cir Carlsbad CA 92009
Bob R & Rosie Crawford 7106 Surfbird Cir Carlsbad CA 92009
Fah S & Polly Liew 7231 Surbird Cir Carlsbad CA 92009
Lisa Butterbrodt 7191 Surfbird Cir Carlsbad CA 92009
William P Jennings 7203 Surfbird Cir Carlsbad CA 92009
Betty J Schnitzer 7215 Surfbird Cir Carlsbad CA 92009
Jacob & Kimberly Nyberg 7107 Surfbird Cir Carlsbad CA 92009
Steve & Audrey Wehba 7064 Surfbird Cir Carlsbad CA 92009
Alfred Rodriguez 7082 Surfbird Cir Carlsbad CA 92009
George C Tuck 7094 Surfbird Cir Carlsbad CA 92009
Don M & Sharon Kitchen 7112 Surfbird Cir / Carlsbad CA 92009
Michael Deblassis
Robert L Pope 7207 Sur Carlsbad
Occupant Occupant
6521 El Camino Real 6913 Thrush Pl
Carlsbad CA 92009 Carlsbad CA 92009
Occupant 6904 Thrush Pl Carlsbad CA 92009
Occupant 6920 Thrush Pl Carlsbad CA 92009
Occupant 1554 Cormorant Dr Carlsbad CA 92009
Occupant 1558 Cormorant Dr Carlsbad CA 92009
Occupant 6908 Goldfinch Pl Carlsbad CA 92009
Occupant 6916 Goldfinch Pl Carlsbad CA 92009
Occupant 6921 Thrush Pl Carlsbad CA 92009
Occupant 6924 Thrush Pl Carlsbad CA 92009
Occupant 6905 Goldfinch Pl Carlsbad CA 92009
Occupant. 7037 Surfbird Cir Carlsbad CA 92009
Occupant 7089 Surfbird Cir 7111 Carlsbad CA 92009
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Occupant 7021 Surfbird Cir Carlsbad CA 92009
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