HomeMy WebLinkAbout1990-12-19; Planning Commission; ; MP 177B|LCPA 90-05|CT 89-37|HDP 90-02 - AVIARA PHASE IIDATE:
TO:
FROM:
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MEMORANDUM
DECEMBER 19, 1990
PLANNING COMMISSION
PLANNING DEPARTMENT
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SUBJECT: Staff recommended revisions to the Staff Report and additional conditions for MP
177(B)/LCPA 90-5/CT 89-37/HDP 90-2 -AVIARA PHASE II.
(1) Page 5, No. 3 of the Staff Report shall be amended to read:
Require structural setbacks of 50 feet, 35 feet and 25 feet from Alga Road/Poinsettia Lane,
Batiquitos Drive and Kestrel Drive, respectively. These setbacks shall be measured from the
right-of-way of each street. This amendment will function to mitigate potential traffic noise
impacts while improving corridor aesthetics.
(2) A new condition No. 29a. shall be added to Planning Commission Resolution No. 3153 as
follows:
29a. (1) Prior to issuance of a grading permit the developer should present a letter
to the City of Carlsbad indicating that a qualified paleontologist has been
retained to carry out the resource mitigation. (A qualified paleontologist is
defined as an individual with a MS or PhD in paleontology or geology and
who is familiar with paleontological procedures and techniques.)
(2) A qualified paleontologist should be at the pregrade meeting to consult with
the grading and excavation contractors.
(3) A paleontological monitor should be onsite at all times during the original
cutting of previously undisturbed sediments of the Santiago Formation, Del
Mar Formation, and Pleistocene marine terrace deposits to inspect cuts for
fossils. (A paleontological monitor is defined as an individual who has
experience in the collection and salvage of fossil materials. The
paleontological monitor should work under the direction of a qualified
paleontologist.)
(4) In the event that well-preserved fossils are discovered, the paleontologist (or
paleontological monitor) should be allowed to temporarily direct, divert, or
halt grading to allow recovery of fossil remains in a timely manner. Because
of the potential for the recovering of small fossil remains such as isolated
teeth, it may be necessary to set up a screen-washing operation on the site.
(5) Fossil remains collected during this salvage program, with the owner's
permission, should be deposited in a scientific institution with
paleontological collections such as the San Diego Natural History Museum.
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MP 177(B)/LCPA 90-5/CT 89-37/HDP 90-2 -AVIARA PHASE II
DECEMBER 19, 1990
PAGE2
(6) Following completion of the above conditions, a summary report of findings
(including a list of fossiliferous localities, a map showing localities, and
copies of pertinent field notes) should be turned in to the City of Carlsbad.
(3) Condition No. 90 of Planning Commission Resolution No. 3153 shall be revised to read as
follows:
90. Approval of this subdivision map is contingent upon the provision of adequate
public facilities to satisfy the Public Facilities Element of the General Plan. At this
time a Mello-Roos Community Facilities District is proposed to finance the
construction of several Citywide facilities necessary to serve new development. If
the Mello-Roos Community Facilities District is not formed, or if the Community
Facilities District is formed but the subject properties are not participants within that
District, the required General Plan Consistency finding cannot be made. Therefore,
no final map can be approved unless the Citywide Mello-Roos District is formed or
an alternate financing mechanism is provided by the developer and approved by the
City Council to finance the facilities legally applicable to Zone 19 that would have
been or are included in the Community Facilities District. For the purpose of this
condition the Mello-Roos District will be considered to be formed following an
affirmative vote of the property owners plus a 30-day period as prescribed by law
to provide for any protest regarding the formation of the District.
DAT£:
TO:
FltOM:
SUBJECT:
L
STAffR!PQRT
DECEMBER 19, 1990
PLA.NNtNG COMMISSION
PLA.NNtNG DEPARTMENT
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APPLICATION COMPU:L:. OAT!:
fsbruary 22. 1999
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MP-177@}/tCJ'A 90-5/CT 89-31/HDP 90:2 -AV1ARA PHASE II • Request for a
Master Plan Amendmcm/tocal Coastal Ptogra.m Amendment for Avian Master Plan
177 to; (1) modify planning area boundaries for P~ Areas 25, 26, 27, 28, 29
and 30, (2) change pemmed produa types from multi~family to single family within
Planning Areas 26 and 30, (3) modify development standards and design aiteria for
Planning Areas 25, 26, 27, 28, 29 and 30 and (4) reduce maximum dwelling unit
potentials from 569 OU's to 484 Ct.rs while inc:nasing total open space by 15.43
acres. The approval of a 247 ac:re/11 lot Phase II Master Tentative TIKt Map and
Hillside Development Pennie is also being requested. The project site is located
north of Batiquiros Lagoan. south. of Alga R.oad, west of Avian Phase I, in Local
Facilities Management Zone 19.
Thai: the Planning Commission ADOPT Planning Commission Resolution No. 31S0 recom.mencling
APPROVAL of the Mitigated Negative Declaration. issued by the Plamung Director and ADQPI
Planning Commission Resolution No.'s 3151, 31S2, 31S3 and 31S4 recommendinr APPROVAL of
MP-177(B)/t.CPA 90-5/CT 89-37/HDP 90-2, based on the findings and subject to the conditions
contained therein.
IL PROJECT QESCRIP'IJON AND BACKGROUND
On Dec:ember 22, 1987, the City Counc1 approved the Padlic Rim Country Cub and Resort Master
Plan, now named Avian, and as,ociat~ applications including the 531 acre Phase t Temacive Tract
Map (CT 85•35). The applicant is !lOW requesting approval of a Master Tentative Tiact Map for
Phase 11 of the AYian Master Plan.
Phase II consists of the westem 247 acres of the Aviara_Master Plan inclucting PJamring Areas 25,
26, 27, 28, 29 and 30. AJ shown on Exhioits."A" _·,-, the·Master-Temadve Map proposes_-
subdividing the site into 11 separate lots and the grading of 156.S acres of the 24 7 aae site for the
creation of master residential pads, ~n <:?rridms (Batiquitas Drive and Kestrel Drive), and
a 16 space Batiquitos Lagoon Trailhead parking lot. The '"'1amtng·90:s acres of the pteperty,
which is predom.inandy comprised of Diegan Coastal Sage Saub habitat and Eucalyptm groves, will
be preserved in open space. Each planning atea and the above m,mrion.ed cwo proposed roadways
would consist of a separate lot (Plaml:ing Area 26, two Joa) •. Two other small lots (10 md 11) are
proposed for the Batiquitos Lagoon Sewer Pump Station and a portion of the-Avian golf .course.
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MP-ln(B)/LCPA 90-5/CT S9-3i/HCP 90-2 • AvtAlt.:.. Prt-'.Sc. [l
DECEMBER 19, 1990
PAGE 2
~ exemplified under the Avian Phase [ Master Tencacive Map, the Master Tentative Map process
works well for communities developed under a Master Pl.an. in which infrasaiicture affecting several
neighborhoods is provided prior co deve!opmenc. In addition., mass grading, where excavated
material muse be tnmported betw~n neighborhoods, can be accomplished under a comprehensive
program in a timely fashion. prior to the development of any of the neighborhoods. Except for the
installation of major roadways, drainage lines and basins, sewer, wacer and ocher utilities, no
development rights are vested through the approval of this Ma.seer Tentative Map. Further
subdivision of eac:h neighborhood, consistent with the Avian Master Pla.n. will be required prior
co development.
Proposed project grading includes 1,927,300 cubic: yards of cue and 1,925,900 cubic yards of fill.
Of this required earth movement, 466,300 cubic: yards of fill is associated with the construction of
Baciquicos Drive offsite and the stabilizad.on of on.site landslide areas.
In association with this Phase (1 Master Tentative Map, the project applicant is al.so proposing to
amend the Aviara Master Plan relative co those Planning Areas (25-30) covered by the Phase It
Tenta.dve Map. Specifically, the proposed Master Plan Amendments include:
I. Modification of planning area boundaries fer Planning Areas 25, 26, 27, 28, 29 and 30. The
primary reasons for adjusting the Planning Area boundaries are associated with the
realignment of Kestrel Drive and the preservation of more of the Phase II area in open space
than originally anti~ipaced under the existing Master Plan as discussed be.low.
♦ ·.. . :,.. ·.: PA-25 (18.2 acres co 28.4 aaes) has been elongated southerly for purposes of
pl"eserving an existing Euc:alyptus grove and Coastal Sage covered slope area along
its northern midsection. The existing Master Plan identines this area for
·-.:. ..
development. ·
♦ PA-26 (7S.2 acres to 78.4 aaes) occupies much of the original area but has been
divided inco two separate neighborhoods in order to preserve native slopes and a
E.uc:alyptus tree grove within the central portion of the planning area. In addirion,
the southwestern perimeter of the planning area has ~n expanded to allow
preservation of a major Eucalypcus grove located in the south central portion of the
property. Both of these areas are identified for developmenc in the existing Master
Plan.
♦ PA-27 (21.1 aaes to 18.9 aaes) The northern boundary has ~en relocated
northward for purposes of incorporating natural slope and d~d restricted open
space areas into this planning area.
♦ PA-28 (34.S acres co 45.6 acres) The western boundary of this planning area has
moved westward to incorpotate an identified Eucalyptus grove (to be preserved in
open space) which was fonnerly part of Planning Area 30.
· ♦ PA-29 (44.0 acres co 18.4 aaes) The eastern boundary has~ modified (moved
westward) to accommodate the expansion of Planning Area 26. 1;his results ~ ~e
preservation of native slope areas located with.iri the eastern pomon of the nee m
o~space.
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MP-177(!)/LCP:\ 90-S/CT 89-Ji/HCP 90-2 · AVV,P,.A PH.-\5£ U
DECEMBER 19, 1990
PAGE 3
♦ PA-30 (69.S acres co 57.4 acres) The southem bounda:y has been moved southward
into fonner Planning Area 28. This results in the incorporation of natural slope
ueas and Eucalypcus groves into chis planning area.
The co cal Phase II acreage figures from the original Master Plan (262.6 aaes) c:omparcd to
chis proposal (247.l acres) differ because che Phase II Master Plan boundaries on the south
(related co the wetlands) and east (related to the golf c:ourse) have been refined in the
Phase U Master Tentative Map co com:spond co the acrual legal boundaries of these areas.
These actual boundaries were not recorded until after the original Master Plan and P~e
[ Tencative Map were approved.
Other Master Plan revisions include:
U. Change i.n permitted product types from multiple family to single family (minimum 7500
square fooc lots) within Planning Areas 26 and 30.
III. Revise developmcnc standards for Planning Areas 25-30 co be consistent wich. above
mentioned_ product cype revisions and up-to-date Citywide ordinances and policies.
IV. Reduce maximum permitted dwelling unit pncenriaJs (flam 569 OU"s to 484 Olf s) within
Phase U while increasing total Phase n open space &am the anticipated Master Plan total
of 72.4 aa~s co 87.83 acres (increase of 15.43 acres).
V. Inc0rporate provisions requiring that affordable housing be provided through this Master
Plan.
The Phase lI project site is undeveloped and clwactemed by a norch-south trending ridge and
valley with mature Euc:alyprus groves, Coastal Sage Saub and disturbed agric:ultural areas located
upon it. Ir is suirounded by Alp R.oad to the no~ Batiquitos Lagoon to the south. proposed
single family to the west (Brocatto) and Avian Phase I ta the east.
'!his project is located within the Mello t and East Batiquicos Lagoon/Hunt Properties segmena of
Carlsbad's Local Coastal Program. In thac the existing Master Plan serves as the implementing
ordinance for the above mentioned Local Coastal programs, Local Coastal Program Amendments
shall be required co be processed through the California Coastal Commission.
m. ANALYSIS
MASTER PLAN AMENDMENT-MP-177(B)
plan:ning Issues
l. Aze the proposed land use changes consistent with the intent of Master Plan 177?
2. Will the proposed land use change from muld-family co single family be consistent with the
General Plan?
MP-177(B)/LCPA 90-S/CT 89-37/HOP 90-2 -AvtAP.A PHASE U
DECEMBER 19. 1990
PAGE 4
3. Are the proposed land use changes compatible with SUirounding uses?
4. Are the proposed development standards revisions consistent with the inrenc of Master Plan
177?
S. Arc all conditioned offsire improvements necessary for the development of the project?
DISCUSSION
As proposed. the land use changes (multiple family to R-1-7500 single family in Planning Areas 26
and 30) and development standards revisions arc consistent with the imcnc of Master Plan 1 n and
would be consistent with the General Plan. The change in allowable land use from multiple family
to single family in Planning Areas 26 and 30 would result in a more balanced housing product mix
within the Aviara Master Plan. The Master Plan cunently has a 72% mulci-family/28% single
family housing mix. The proposed amendment would result in a 63% multi-family/37% single
family housing product mix. 1his proposed housing product mix would be consistent with the
Master Plan goal of providing ·a well balanced and functional mix of residencial uses·. This change
in produce types would also be consistent with the combination General Plan designation of
. (RM/RLWOS/RC/N) over the subject property, while bringing the Master Plan overall housing mix
more into compliance with the I.and Use Element of the General Plan, which designates a 40%
mulri-family/60% single family housing mix throughout the City. .
The Housing Element for the City of Carlsbad is currendy under review. The Regional Housing
Neds Scacemenc (SANDAG, 1990) indicates chat the City of Carlsbad has a substantial obligation
co provic:ie their fair share of affordable dwelling units within the San Diego rqion. The existing
Housing Element· also contains specific policies and action progtamS relative co the provision of
affordable housing. One of these action programs (V-11) specifies that Master Plans shall be
utilized to provide for affordable housing which helps co meet Carlsbad's identified share of the
regional need. Master Plan 177 currently does not address or provide any affordable housing units.
Consistent with che above stated requirements, and as mitigation for changing Master Plan product
types from multi-family co single family, this Master Plan Amendment also includes specific
provisions for the Aviara Master Plan to provide its proportional share of the City's total obligation
for vecy low, low, and mode.race income housing units. Implementation of these affordable housing
provisions will ensure that a more balanced mix of housing types is provided within the
southwestern quadrant of the City. ··
The proposed land use changes from multi-family to single family within Planning Areas 26 and 30
would be compatible with surrounding uses in chat SU1'?0unding properties are planned for standard
single family (R-1-7SOO) or open space uses.
The proposed development standards n:Yisions far Planning Areas 25-30 would also be consistent
with che incenc of Master Plan 177. The n:Yised developmem: standards would be as or more
resaictive than the stanclatds of the R-1-7S00 zone. and would ensure consistency of all R.-1-7S00
Aviara Master Plan neighborhoods. The specific development standard changes include the
· following:
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MP•l77(8)/LCPA 90·S/C1" 89-37/HDP 90-2 • AVWt.4,. PHAS£ U
DECEMBER 19, 1990
PAGE 5
l) Revise the muimum struaural height limit &om 28 feet as measured tc the
midpoint of the roof to 30 feet as measured co the peak cf the roof (PA's 2S, 26, 27,
29 and 30). This revision will likely reduce the heights of proposed. product types..
2) Require that 1S% of conmucted dwelling units per plamung area (PA's 2S, 26. 27.
29 and 30) be a maximum of one story (22 feet measured to the: highest roof peak)
in heighc. The: existing Master Plan currently d~ not include a minimum
requirement for cne stcry units within the R-1-7500 pia.nrung areas.
3) Require strUct"Unl setbacks of SO feet, 3S feet and 2S feet tram Alga Road/Poinsettia
Lane. Baciquitos Drive and Kesa-el Drive. respectively. This amendment will function
to mitigate potential tnffic noise impacts while improwig corridor aesthetics.
4) Require thac a percentage of units within each planning area have a 24 foot front
yard setback instead of the required 20 foot front yard setback. "!his amendment
will c:reace a variety to neighborhood streecsc:apes.
S) Where product type changes are proposed (multi-family co single family), delete all
previous multi.family standards which are no longer applicable.
OFFSITE tMPROVEMENTS
This project has been conditioned to install offsite improvem.em:s_ to Alp R.oad between Mimosa
Sa-eet and El Camino Real. These impravemencs were midally required by the Zone 19 and Zane
6 Local Facilicy Plans at a later dare. The c:onsauction of the Plua Paseo Real commercial project
has advanced che timetable for construction of these improvemencs tc Alga Road. The required
offsite improvements are needed now in order that the project traffic impacu will not result in a
failure of the adopted Growth Management Standards. The Four Seasons Hotel site as well as
several ocher proposed and approved projecat have been or will be conditioned co puti.c:ipate in
all or a portion of the improvements •. Scaff is CUI?ently working with .these developers on a program
to e(luitably dismoute costs of those improvements and co obtain the needed dedications from the
affected property owners.
LOCAL COASTAL PROGRAM AMENDMENT· I.CPA 2Q-S
Planning fssues
l. ts the proposed Local Coastal Program Amendment consistent with the zoning and General
Plan of the subject property? .
DISCUSSION
California Scace Law requires mac the Local Ccaml Propm(s), General Plan and %01U1'11 upon a
subject property be consistent. The project site is located within cwo Local Coastal Programs (Mello
I and East Batiquitos Lagoon). Master Plan 177 constitutes the zoning fer the subject property, and
also functions as the implemenring ordinance for the above mmtianed Loal Coastal Pro~-As
discussed above. the change in product type from m.ulri•family to single family wculd be consistent
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MP-177(B)/LCPA 90-S/C! 89-37/HDP 90-2 • AVT.M.A PHASE II
DECEMBER 19, 1990
PAGE 6
with the Master Plan's combination General Plan designation of RM/R.LM/OS/RC/N. tn th.ac
Master Plan 177, as amended, and the underlying Local Coastal Programs must be found co be in
confonnance, staff concludes that LCPA 90-5 is consistent with the zoning and the General Plan.
MA$IlR T'ENTATTV'E TRACT MAP/HH J SIDE OMLOPMENT PERMIT • CT 89-37 /HDP 90-2
Planning Issues
1. Does che proposed Master Tentative subdivision map satisfy all requirements of the
Subdivision Ordinance and the Scare Map Act?
2. Does che proposed Master Tentative Map comply with the requirements of che Hillside
Ordinance (Chapcer 21.90 of the Carlsbad Municipal Code)?
3. Is rhe proposed project in compliance with the Interim Open Space Ordinance?
4. Does che proposed project adequately mitigate encroachment into previously deed restricted
coastal resource areas?
S. Is the project, as proposed, in compliance with the Mello I and East Baci.quitos Lagoon Local
Coastal Programs?
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6. Is the proposed project consistent with the Zone 19 Local Facilities Management Plan?
orscusstoN
_Master Tentative Map· er 89-37
The 247 acre, 11 lot Master Tentative Tract Map satisfies all requiremena of Carlsbad's Subdivision
Ordinance and the State Map Act. All of the master lots (excluding loa 1, 2, 10 and 11 which are
noc .intended for residential development) will front on publicly dedic:ated struts (i.e. Batiquitos
Drive and Kestrel Drive). Satiquitos Drive will be developed as an 84 foot wide Seconduy Arterial
and a 68 fooc wide super collec:ror to the west and east of Kesuel Drive, respeaively. Kestrel Drive
will be developed _as a 60 foot wide collector mut. All. lots have also been designed co drain
adequately. ~ noted earlier, the Mastu Tentative Map only approves seven rough graded master
residential lots, two major roadways and associated infrasaucmre. Furthu subdivision of any of
the master lots far the development of R-1-7500 lots shall require that additional tentative maps
be processed.
Hillside Deve!cpment Pennit • HOP 90-2
. The Phase II Master Tentative Map ieneraJiy c:omplies with all development and design provisions
of the Hillside Ordinance. Comistenr with the design guidelines of the Hillside Ordmance, the
Master Tentative Map has bttn designed to: (1) preserve Lagoon views for offsite residences, (2)
preserve significant envircnmenral tes0urces in open space, and (3) incorporate
cantoured/undulaced slopes into the grading proposal.
Total project grading would result in 1,927,300 cubic yards of cut and 1,915,900 cubic yards of fill
over 156.5 acres (12,315 cubic yards/distuibed aae). When grading required for the (1)
constrUction of Batiquitos Drive, (2) for the stabilization of four ancient landslide areas located
within Planning Areas 25 and 26, and (3) for the connection of Kestrel Drive co existing Alga Road
is deducted from the total project gnding as pennirred through the Hillside Ordinance (Section
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MP•l77(B)/LCPA 90-S/CT 89-37/HOP 90-2 • AvtARA PHASE U
DECEMBER 19. 1990
PAGE 7
21.95.070}, total proj«r: grading equals 8.S74 c:ubic yards per disturbed aae. This amount of
grading is labeled as "'Potentially Acceptable• per the Hillside Ordinance. The Master Plan (page
18S) also requires the preservation of Baciquiros Lagoon views from the Spinnaker Hills
development. which is located immediately to the north of Plamung Area 29. Preserr.ation of these
Lagoon views necessitates that more· grading with.in Planning Areas 29 and 30 ~ required.
Deduction of th.is grading amount from the project total resula in a net project grading total of
7,400 c:ubic yards per disturbed acre. This amount of grading is defined as "Acceptable· under the
Hillside Ordinance.
A slope analysis srudy was conducted for the proposed Master Tentative Map (see Exhibits • j . "M1
and as designed, the project does not enaaach into any major 40% slope areas. To a large degree.
these 40% slope areas have already been placed under an open space deed restriction by the
Calliomia Coastal Commission.
As shown on Exhibit ·N·, the proposed map includes five manufactured slopes wh.ic:h exceed 30 feet
in height. Tmee of the manuf'actUred slopes (2, 3 and 4) within Planning Areas 25 md 26 are a
consequence of pre-existing landslide conditions. The only feasible way to sta.bilb:e the four ancient
land.slide areas which exist onsite i.s to cut from the head of the land.slide (PA-2S) and fill at the
toe (PA-26). This proposed conective program reru.la in the aeation of manufac:rured slopes up
to 58 feet in height. However, in that this proposed gr.a.ding is required ca stabilize an existing
land.slide hazard, it is exempted from complying with th~ maximum 30 foot slope height limit of ·me. Hillside Ordinance (Section 21.95.070(1)).
A fourth slope (slope•l) at the intersection of Alp Road and Kaml Drive is a c:cnseq,uence of the
existing line and grade of Alga being fixed. Since Alp· Road is already comtrUcted and an
inte.rsecion with. Kestrel Drive is necessary, the only a!tematm= to reducing the slo~ height to 30
feet is through filling a native canyon located to the northwest. In that the manufactured slope as
proposed preserves this native anyon, it is exempted from complying with the 30 foot slope height
limit of the Hillside.Ordinance since 1.8 acres of addicional open space is being ptClvided (Section
21.9S.070(3)).
Slope number 5 (PA-29 south of Spinnaker Hills) is nec:essazy to ptese:rve Spinnaker Hill Lagoon
views u required by the Master Plan.
Alternative grading plans depicting adherence to the 30 foot high slope limit for each of these
ncncon!onning slope areas have been submitted (see Exmbits "O" • "S,. for the reasons identified
. on these Alternatives uhibits, the prcposed gnding alternatives are not regarded as preferable •
. The project appliams are prcposing to enhance the appearance of the propcsed mmufacnu-ed.
.. ; slopes in exc:ess of 30 feet in height through a Habitat Enhancement Landscape Program (see
-· _ Exhlbits T -T) which woulc:l ~ate new Coastal Sage Saub habitat upon these slope a:eas. This
Lmdsc:ape program in association wirh the proposed slope grading design, wbich. blends the
· manufact:Ured slopes in with the adjacent natural tap0paphy, adequately mitigates these slope
nonconformities.
Interim Om;n Space Qxdinance
·The proje<:t as proposed is in compliance with the City's Imerim Open Space Ordinance. As sh~wn
on E.tlubit Y, although the project does enacach into open space areas idendfie<l on the ~s
•eamprehemive Open Space Network Map·, all necessary findings can be made to support this
enaaac:hment. Specifially: ·
MP-177(5)/LCP.-\ 90-S/CT 89-37/HOP 90-2 • AVVJV.. PHASE ll
DECEMBER 19, 1990
PAGE 8
l) The project enaoaclunent 7.95 acres will be mitigated through a project give back
of 23.38 acres (a net acreage pin of 15.43 aaes).
2) On an acreage basis, the replacement open space is biologica.lly/envircnmenta.lly
superior than that open space which is being encroached upon as noted below.
Habicat
Coastal Sage Scrub
Disturbed
Eucalyptw
3.7 acres .as acres
4.2 acres
14.81 acres
4.66 acres
3.91 acres
3) The proposed replacement open space areas are also located in close proximity to
other existing open space ares as noced on E.xhl.'bit -Y-.
On November 1S, 1990, this proposed open space exchange was reviewed and unanimously
approved by the City's Open Space Advisory Committee.
Local Coastal Promm
The Phase II portion of Master Plan 177 is located within the Mello t Local Coastal· ,Program
(Planning Ai:~.as 2S, 26 and 29) and the East Batiquitos Lagoon/Hwit Properties Local Coastal
•. Propm (Planning Areas 27, 28 and 30). When Master Plan 1n was approved by the Califomia · ·
. ~astal Commi:ssion in April of 1988, it became the implementing ordinance fer these two Local
_Coastal Programs. Na condition of this approval. open space deed restrictions were placed over
248 ac:res of the Avian Master Plan site. lncluded within these 248 acres of open space were (l)
areas containing steep slopes (2S~ or greaw) which also possess endangered species and or
Coastal Sage Scrub or Chaparral plant communities (referred to as "Dual Criteria Areas") and (2)
other areas such as Eucalyptus groves or Coastal Sage Scrub which do not meet the "Dual Criteria·
but were placed in open space as mitigation for "Dual Criteria" enaoac:hment on the Phase I hocel
and Planning Area 13 sites. Both the Coastal Commission and City of Carlsbad unanimously
supported this mitigation program because it resulted in the prese:vation of 82 additional acres of
open space, over and above that which would be preserved through a strict interpretation of the
existing Mello l Local Coastal Program "Dual Criteria" requirement.
tu shown on the constraints map (see Exhibit T), Phase II contains 79.47 aaes of coastal deed
restricted area. Grading associated with the·Master Tentative Tr.act Map proposes encroachment
into a cocal of 9.37 acres of this deed restricted acreage, mostly in the form of sliver C'Uts and fills
on the perimeter of development pads. This encroachment is labeled as "Area of Take" on
Attachment "A". h shown on Amc:hment "A-, this project proposes to "Give Back" 12.92 acres of
non deed restricted area as mitigation for this encroachment. A biological scudy of these 1ake" and
"Give Back" areas (see Attachment • A'') concludes that the "Give Back" acreage is biologically
superior habitat (predominantly Coastal Sage Scrub) compared to that being disturbed by
enaoachmenc (which is predominantly Eucalyptus). Encroachment into "Dual Criteria" habitat area
has largely been avoided. Only .1S acres of the 9.37 acre encroachment meets the "Dual Criteria".
Th.is .15 acre area (BB -as shown on Arcac:hment "A1 is located within a major landslide hazard
area and must be removed to stabilize the cem:ral portion of Phase II and adjacent properties to the
MP•ln(B)/LCP:\ 90-5/CT 89-37/HDP 90-2 -AvtARA. PHASE U
DECEMBER 19. 1990
PAGE 9
west. A ·cive Back• of 1.21 acres ot ·oua.1 Criteria· acreage. not presently deed restricted (area 22
as shown on Aa:achment • A 1. is proposed as mitigation for this proposed enacachment. The Citv
and Coastal Commission have both allowed Coastal deed n:saicted tnde-offs within A~
provided chat ir does noc reduce the net acreare of deed resrricred area. and its biological value is
inacased. [n view of the fact chat this mitigation program appears to accomplish these goals. staff
concludes chat the project. as propos~ adequately mitipces project encroachment into coastal deed
restricted areas. Other encroachment mitigations incorporated into the project include a Habitat
Enhancement Program which revegecaces 9.25 acres of manufacrured slopes with native vegetation
(see Exhl'bics T -"X").
Other-Hise, in thac Mascer Plan 1 n is the implementing. ordinance for the Mello [ and East
Batiquitos Lagoon Local Coasal Programs which cover this property, approval of this Master Plan
Amendment request will ensm-e compliance. [n view of the fact th.at the Phase II Master Tentative
Tract Map also either avoids or adequately mitigates encroachment into coastal deed restricted
habitat areas. it is also found to be in compliance with the underlying Local Coastal Programs.
Coastal Development Pennies will. however, be required for all future Phase ll ?Lanning Area
subdivisions. · · ·
Growth Managemenc Ordinance
The project is locaced in Local Facilities Managanent Zone 19 in the southwest quadr.mt.
[m;,lementation of the proposed Master Plan Amendment (MP-l 77(B)) will reduce potential future
Zone 19 dwelling units by 85 (from 569 DU's co 484 Ct.rs). In chat no dwelling unia are proposed
with chis application (CT 89-37), no facilities impacts are anticipated. Any future subdivision of
the master lee created by CT 89-37 shall be evaluated relative co facilities impacts.
IV. £NVJRONMENTAL REVIEW
The Planning Director has detennined that this project with the implementation of mitigation
meas-ures, will noc·have a significant impact-on the environment and, therefore, has issued a
Mitigated Negative Declaration on S~tember 6, 1990. The cn~nmencal analysis, along with. the
field checks by staff, identified that because: (1) the project site has-.a.lready been reviewed with
the Aviara Master Plan EIR 83-2(A); (2) as proposed, the ptoject implemem:s all recommended
mitigation measures of EIR 83-2(A); (3) the product type changes as proposed will be campancle
with surrounding existing or future uses; (4) the project will either preserve in open space or
replace with companble quality and acreage the previously coastal ded restricted habitat; and (5)
the project as ptOpOSed pteserves an additional 15.43 acres in open space than orlgmal1y anticipated
under MP-177, no significanc en~nmenral impaas are anticipated •. _. H~w~•--~cion .
measures, i.e.: (1) implementation of all m:ommended scils/geocedmical corrective measures, (2)
full landscaping of all major manufactUred slopes with native plant species, (3) prohil>idon of
grading during the Black Tailed Gnatcaccher b~g season (March l -June l), ( 4) a requirement_._ .
to deed restrict in open space all •Give Back'" area5y and (S) a requirement to field stake all deed
restricted areas prier to the issuance of grading pemirs shall be required to be implemented ~
this project. There was one letter of comment which was received after the close of the public
review period for the Miripted Neptive Oeclanrion. This letter of comment and saff s response
is included as Actachmem -s·.
MP-177(B}/LCPA 90-S/CT 89-37/HDP 90-2 -A~ PHASE II
DECEMBER 19. 1990
PAGE 10
In summary, staff is re<:ommending approval of the following:
1) Approval of MP-In(B) because the proposed land use changes and development
standards revisions are consistent wirh the General Plan and rhe intent of Master
Plan 1 n. the proposed land use changes are compatible wirh SUITOunding uses. and
the proposed land uses changes will result in a more balanced. mix of product type
within the Master Plan and City.
2) Approval of LCPA 90-5 because the LCPA is consistent with the zoning and General
Plan.
3) Approval of CT 89-37 /HOP 90-2 because the project is in compliance with the
Subdivision Ordinance, Seate Map Act, Hillside Otc:linanc:e, underlying Local Coastal
Programs and Zone 19 Local Facilities Management Pl.an.
ATTACHMENTS
1. Planning Commission Resolution No. 3150
2. Planning Commission Resolution No. 3151
3. Planning Commission Resolution No. 3152
4. Planning Commission Resolution No. 3153
5. Planning Commission Resolution No. 3154
6. Location Map
7. Background Data Sheet
8. Disclosure Form
9. Atraclun.ent Y, dated December 19, 1990
10. Attachment ·A• -Biological Scudy and Map of Coastal "Take" and "Give Back" areas
11. Attachment "B" -Response to Notice for a Mitigated. Negative Declaration
12. Exhibits "A" -"Z", dated November 9, 1990
October 2, 1990
CDC:rvo
BACKGROt:Np DATA SHEET
C.'\SE NO: MP l 77(B}/CT 89-37 /HDP 90-YLCPA 90-5
APPLICANT: AytARA LAND ASSOCIATES UMrrED PARTN£RSHIP
REQUEST AND LOCATION: (A.) Master Plan Amendment/Local Coastal Promm Amendment to:
(1} modify Planning Area boundaries for Planpipg Area's 25, 26. 27, 28, 29 and 30, (2} change
permitted product types from multi-family to single family within Planning Area 26 and Planning-
Area 30. (3) modifv Master Plan development standards and design criteria within Planning Area's
25, 26, 27, 28, 29 and 30, and (4) reduce maximum dwelling unit potentials (from 569 ou·s to
484 DU's) within Phase CI of MP-177 while increasing acreage of narural open areas. (B.) A 247
acre/11 lac master centative map for Phase CI of Aviara Master Plan 177. (C.) Hillside
Development Permit. The propertV is located north of Bariguicos Lagoon. south of Alga Road and
west of Aviara Phase L
LEGAL DESCRlPTION: Portion of Section 22, 26. 27, 28. 33 and 34 in Township 12 South, Range
4 west, in the Citv of Carlsbad.
APN: 214-170-Sl/215-040-16/216-111-0S, 06nl6-150-18 Acres 247.2 Proposed No. Loa/Units.ll_
GENER..\l, PLA.N AND ZONING
Land Use Designation RC/OS/RLM/RM/NC Density Allowed N/A Density Proposed NIA
Existing Zone PC Proposed Zone ~
Surrounding Zoning and Land Use:
Zoning
Site ....,P-=C ___ _
North ... P .... C...._ __
South .... o .... s __ _
East ....,P""""C ___ _
West LC/R-1
School District CARLSBAD
Land Use
UNDEVELOPED
ALGA ROAD
BAJJOUITOS LA.GOON
Aw.RA GOLF COURSE
AGJYCU!.TURE/RESIDENJW. CSpUJP:lker HW!l
PUBLIC fACILIDiS
Water CARLSBAD EDtrs
· · Public Fadlides Fee Agteement, Date _ . .1JN~QYEMB~i!llil.£Rir.ill..!il.6,..,I..:.9cs82.9 _____________ _
ENVJRONMMAL IMPAcr ASSESSMENT
_L Mitigated Negative Declaration. issued _Si!£P'iLl.(£MB~iiUER~6u,.JiJz99~0,__ __________ _
_ E.IJL Cemficd. dated _____________________ _
Other, __________ _:. __________________ _
...
R.EPLACEME~T 0tSCLOSURE
STATEMENT· MTM -Phase
City of Carlsbad
-:;; 6 t, I ,h, t• 1• f§ ·? t,!s ,f4,ti
OlSctOStiRE STATEMENT
.ut,!Uc:»(l"'S r,,a::c.1,1e,rr Ofl CISC-..QSUAI 0, a;n".&IN QWIOIEflSMI-INT'IMSl'S CH AU. Util..JCA'T10NS 'N~ WII.!., ;:£-:1.:1;::a
CISCJllei:C:N.lo-lY .U:7:CN CN n-,£ ilAir.' CF T',,E C."'N C~NO.. CA Atff AnCIIHTEl IQAAQ. C:MMISIU:N CA C::MMrrl;:.
(Please Prmr)
The fellowing intormaticn must ce disekisad:
1. Apptrc:ant
Ust tr:• names ar.d addresses at all i=ersor:s having a finandaf interest in the ap~tic:atian.
Aviara La.nd Associates I,imited P~rtnershJ,,·....., ____________ _
2011 Palomar Air~oLt Rd., Suite 206 Carlsbad, CA 92009·
. ..: •"' -~---~---:,:..~-·
2. Owner
3.
List tr:• names and ac:c:resses of all persons ha,,ir,9 atrf ownership intere.st in the pr0pel"t'f ir:vc:tvec.
Aviara Land Company, a Delaware _ .. BeimbJ; c DexeJ opmenr, A
Corporation C2lifornia Corparatjan
450 Newport Center Drive, Suite 304 180 N. Riverview DLive
Newport Beach, LA 92660 Suite 130 k...-a-h,..e-im-, ~CA~-9..,Z8..,0..,8 _____ _
If any perscn identified i:,c.ir3uant ta (1) 0r (2) abcw is a c:=r;,0rati0n or partnership. list tne na~e:
adcresses of all individuals awning more than 10% of Ui• sharas in the corporation ar awning any ;::ar-..:-
interest in th• patUMrship.
1:/·· Heney RiJJ•an Address:
450 Ne3ort Center Drive
Su1te
Newpor~ Beach, Ca 92660-7
•,;,~:,; ...... ,. .... •· ....
4. tf any pers0n identffled i:iursuant tc (1} er (2J abov• is a ncn-proftt arganiutfcn ar a trust list Ui• narr.
adcressas af any per3cn serving a officer or dlractar ct 1ne ncn-prcfft 0rganizati0n ar as trustee ar t::er. cf tn• trust. . ---. .. . . ... .
M(A
•"'
EXISTING
30
AVIARA PHASE II·
. .-....
-
; . ·-
City et CartaW
MP 177(8)/CT 89-3
LCPA 90-5/HOP 90-
PROPOSED
25,
30
28 ·
City of Cartaud
A VIARA PHASE II
' -
MP 177(8)/CT as-:
LCPA 80-5/HOP ;c
~ ERC ._, 1' Environmental
and Energy
Services Co.
~tr. P:iul Klukas
Hillm:in Properties
1011 Palomar Airpon· Road. S uitc 106
Carlsbad. California 92009
ATTACHMENT ·•A''
November 2. 1990
Re: Proposed Alterations of Coasctl Resource Areas
Dear Paul:
~~:•• \j ............. [)-.•
,.inl>•··• .. (.-111 .. •-•• •· T.:!c:;,n;,~·:-~i·~ • .:.~,.~:.~: -
r.~ ,. '"'i"'•~=, ·1 ,"'9~_:
At your request. on behalf of the Cicy of Carlsbad. [ field-checked the proposed
:ilterations of natural open space on the Aviara project. A total of 29 "Take" areas
(decreasing open space) and 26 "Give back" areas (increasing open space) were evaluated
for their biological resource value: and relevance to che larger open space system. The
habitat type and acreage of each Take and Oivc back area are presented in Tables land 2
and are shown on the accompanying map. Table 3 summarizes the comparison between
the Take and Give areas.
The total acreage of Take area is 9.37 acres and Oive areas encompass about 12.91
acres. resulting in a surplus give: area of 3 • .55 acres. The acreages of the three: primary
habitat rypes found in these areas are not equivalent. A greater area of sage scrub habitat
will be given baclc than that taken (6.03 acres given vs. 2.66 acres taken). This is a
positive exchange biologically. Sage scrub is the preferred habitat for the California
gnaccaccher and other sensitive: vcnebtate species (e.g .• orange-throated whipcail). Non-_
native eucalyptus makes up the: largest portion of the Take areas and the least in the Give
back areas (4.94 acres taken vs. 2.66 acres given). The amount of disturbed habitat being
uken is less than that being given back (1.77 acres taken vs. 4.23 acres given). Many of
the give-back areas will add minor. but imponant additions to the open space cotridor
and/or further extend the biological buffer between the lagoon and the development. This
proposed open space exchange would enhance the existing open space design.
ERCE would recommend a sage scrub revegetation program for diswrbed Give
back. areas that are adjacent to sage scrub habitat. This would enhance the remaining
California gnaa:accher habitat and promote the long•term occupation of the: open space by
gnaccaa:hen. The surplus Give back acreage could be "land banked" to be used in any
future open space adjustments if there is an unfavorable inequity between Take and Give
back areas.
.. .. ~-..
Paw Klww
~ovember 2. 1990
Page 2
I hope this assessment satisfactorily addresses any biological concerns associated
with the proposed exchange. Please call me if you nave any questions.
-.: .....
Sincerely,·
Patrick I. Mock:. Ph.D.
Senior Biologist
:,_;: .-: -: · ..... . ·.•. .i ...
Paul Klukas
N'ovember 2. 1990
Page 3
Table 1. Habitat types and acreage of Take .i\reas. •
Take .t\c:a Hahjtar Tvn: :Vr:ur
A Oisrurbc:d 0.03
M Sage Saub / Diswrocd 0.06
B Sage Scrub/ Disturbed · 1.44
BB Sage Scrub 0.14
C EualypOJS o.os cc Sage Scrub 0.08
D EU0!yplllS 0.11
E Sage Scrub 0.04
EE Euaiypcw 0.02
F Eucalyptus / Disturbed 0.14
FF Euc:a!yptUS 2.!.S
G Sage Scrub 0.16
CG Sage Saub / Disturbed 0.74
H Ew:a!ypa.:.s 0.01
HH Eucalypm:s 0.20
I Euc:a.lypms 0.77
I EucilyplllS 0.01
L Eualypcus 0.01
N Et.ic:alypws / Oiswrbed 0.04
0 Eucalypm:s 0.99
p Sage Scrub/ Euc:alypais .::.-. 0.48
Q Sucaiypms 0.01
R. ~ypOJS 0.10 s Sucalypcus 0.32
T SqcSaub 0.01 u Sage Scrub/ Eucalypws / 0.59
Oiswrbed
V Sa1eScrub 0.10 y Sage Scrub 0.44 z 5.lgeScrub 0.03 -
Total 9.37
• See am.ched figure for area locations.
Paul Klukas
:-;ovember 2. 1990
Page4
Table 2.
Give bads :\CCI
l
!
3
4 s
6
7
8
9
10
11
12
13
14
15
16
17
18
19
. 20
. ll
n
23
24
2'
26
27
Total
Habitat types and acreage of Give back Areas.•
ffahitar Ixoc c\s:rraz•
Sage Scrub / Disturbed 0.16
SagcSaub O.Jj
SageSaub 0.06
Eualypws / Disturbed 0.37
SageScnib a.as
Sage Scrub/ Eucalyprus 0.46
Sage Scnib 0.65
Eucalypcus 0.87
· Eucalypcus 0.02
Sage Scrub / Disturbed 0.78
Sage Scrab / EIJCalypcus 0.68
Sage Scnib 0.()4
Sage Sc:tub 0.15
Sage Scrub 1.40
Eucalypcus 0.02
Eucalypcus 0.01
Eucalyprus 0.06
Eucalypcus 0.03
fceplant / Disturbed 0.18
Euc:a!ypcus 0.11
_bplam/Dismrbed ·o.s1
Eucalypms l.lj
Eucalypms/Oumrbed 0.04
Sage Saub / Eucalypms 3.97
Sage Scrub 0.01
Sage Scrub / Oiswrbed 0.44
Disturbed 0.07 -
12.91
• See am.ched figure for area locations.
a,._;,. . ..,
Pl.ul Klulu.s
~ovember !. 1990
PageS
Table 3. Comparision of Take and Give Areas (acres).
Habitat Tyn~ Take Acea, Give bade
Sate Scr.ib 2.66 6.03
E:.1c:alyptuS 4.94 2.66
DLso..t.rt>ed 1.77 .1 ., .. ~
Tow 9.37 11.9~
Surplus Give Arca 3.55
:\en.,
-· ' \
..... :···
Phase II -Master Tentative Map
CoHlal Re1ource Give Back / Take AreH
~ -------. ------
I !] ArH of •T•h"
,. & 500' --: ...,__.
• ArH of "Give Back" ...... ,., o-•-i....--s.,.~ .... .,.. •• n,-._
, ·
,,,,
ATTAOM:NT ·-S ..
One letter of comment was submitted in response to the Mitigated Negative Oedaracicn
for Aviara ?hase CI (MP 177(B)/LCPA 90-5/CT 89-37/HDP 90-2) Cs~ arrached lecrer from
che Depar:::1enc of Ftsh and Game. daced October S, 1990). Because this letter was
received by the Scace Clearinghouse and forwarded tc the City after the e.Ttd of the ?Ublic
review period, che City of Carlsbad is not required co respond cc this letter (se~ accache1
letter from che Scace Clearinghouse. dated October 12, 1990). Nevertheless, the Ciry has
responded co chis letter from the Depamncnc of Ftsh and Game by providing them with the
additional graphics and biological studies that wen requested. Consistent with tr.e
requirements of the California Environmental Qualiry Act, the proposed fini:ings for
approval of this Mitigated Negative Oeclara_tion for this project are adequate.