HomeMy WebLinkAboutSDP 93-09; AVIARA PA 25 & 26 NORTH; Site Development Plan (SDP).\ \I E R I
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9.
10.
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ORDER NO. 1080959-15
SAID DEED OF TRUST IS SUBORDINATE TO THE AMENDED AND RESTATED
DEED RESTRICTION RECORDED NOVEMBER 17, 1992 AS FILE NO. 1992-
0734638 OF OFFICIAL RECORDS, BY THE TERMS OF A SUBORDINATION
AGREEMENT RECORDED NOVEMBER 17, 1992 AS FILE NO. 1992-0734639 OF
OFFICIAL RECORDS.
AN ASSIGNMENT OF
THE INDEBTEDNESS
WAS EXECUTED BY:
TO
RECORDED . .
RENTS AS ADDITIONAL SECURITY FOR THE PAYMENT OF
SECURED BY SAID DEED OF TRUST, WHICH ASSIGNMENT
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A
DELAWARE LIMITED PARTNERSHIP
FIRST INTERSTATE BANK OF CALIFORNIA, A
CALIFORNIA CORPORATION
DECEMBER 23, 1988, RECORDER'S FILE NO. 88-
661637
A FINANCING STATEMENT FILED IN THE OFFICE OF THE COUNTY RECORDER
SHOWING:
DEBTOR:
SECURED PARTY:
RECORDED:
PROPERTY COVERED:
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP
FIRST INTERSTATE BANK OF CALIFORNIA
DECEMBER 23, 1988 AS FILE NO. 88-661638 OF
OFFICIAL RECORDS.
AS SET FORTH THEREIN
AN AMENDMENT. TO SAID INSTRUMENT RECORDED JUNE 29, 1992 AS FILE
NO. 1992-0406652 OF OFFICIAL RECORDS.
A CONTINUATION OF SAID FINANCING STATEMENT RECORDED JULY 15, 1993
AS FILE NO. 1993-0453042 OF OFFICIAL RECORDS.
11. THE FACT THAT SAID LAND LIES WITHIN THE PROPOSED BOUNDARIES OF
COMMUNITY FACILITIES DISTRICT NO. 1 OF THE CARLSBAD UNIFIED
SCHOOL DISTRICT, AS DISCLOSED BY INSTRUMENT RECORDED MARCH 14,
1989 AS FILE NO. 89-242769, DEC,El-fBER 19, 1990 AS FILE NO. 90-
0674118, BOTH OF OFFICIAL RECORDS.
NOTICE OF SPECIAL TAX -LIEN RECORDED JULY 28, 1989, RECORDER'S
FILE NO. 89-400726, APRIL 9 1 1990, RECORDER'S FILE NO. 90-189679,
AND MAY 20, 1991 AS FILE NO. 91-0236959, ALL OF OFFICIAL RECORDS.
12. AN INSTRUMENT ENTITLED "DEED RESTRICTION. (OPEN SPACE) 11 , DATED
MARCH 22, 1989, UPON THE TERMS, COVENANTS'~ AND CONDITIONS AND
RESTRICTIONS CONTAINED THEREIN EXECUTED BY AND BETWEEN AVIARA
LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, AND
THE CALIFORNIA COASTAL COMMISSION, RECORDED APRIL 14, 1989, AS
FILE NO. 89-196176 OF OFFICIAL RECORDS.
A RELEASE OF DEED RESTRICTION (OPEN SPACE) RECORDED JULY 3, 1991
AS FILE NO. 91-0327679 OF OFFICIAL RECORDS.
PAGE 5
ORDER NO. 1080959-15
13. AN AGREEMENT REGARDING DEED RESTRICTION (LAGOON NORTH SHORE
TRAIL), DATED MARCH 13, 1989, UPON THE TERMS, COVENANTS, AND
CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE CORPORATION
AND THE CALIFORNIA COASTAL
COMMISSION.
RECORDED: APRIL 14,
RECORDS.
1989 AS FILE NO. 89-196178 OF OFFICIAL
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
14. A DOCUMENT ENTITLED "IRREVOCABLE OFFER TO DEDICATE OPEN-SPACE
EASEMENT AND DECLARATION OF RESTRICTIONS" (LAGOON NORTH SHORE
100' BUFFER) DATED MARCH 13, 1989, EXECUTED BY AVIARA LAND
ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE CORPORATION, REGORDED
APRIL 14, 1989, RECORDER'S FILE NO. 89-196180 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
15. AN AGREEMENT REGARDING THE PAYMENT OF A PUBLIC FACILITIES FEE,
DATED MARCH 31, 1989, UPON THE TERMS, COVENANTS, AND CONDITIONS
CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES, LIMITED
PARTNERSHIP, A LIMITED PARTNERSHIP
AND THE CITY OF CARLSBAD.
RECORDED: JUNE 5, 1989 AS FILE NO. 89-296176 OF OFFICIAL RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
16. AN EASEMENT FOR PUBLIC STREET PURPOSES, AN EASEMENT FOR DRAINAGE
PURPOSES, AN EASEMENT FOR SIDEWALK PURPOSES AND AN EASEMENT OF
RELINQUISHMENT AND WAIVER OF ABUTTER'S RIGHT OF ACCESS AND
INCIDENTAL PURPOSES IN FAVOR OF CITY OF CARLSBAD, RECORDED JUNE
29, 1989 AS FILE NO. 89-345765 OF OFFICIAL RECORDS, LOCATED LOT 3
AS SHOWN ON MAP NO. 12967.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
17. THE LIMITATIONS, COVENANTS, CONDITrONS, RESTRICTIONS,
RESERVATIONS, EASEMENTS, TERMS, LIENS, ASSESSMENTS, PROVISIONS
AND CHARGES • BUT DELETING RESTRICTIONS, IF ANY, BASED ON RACE,
COLOR, RELIGION OR NATIONAL ORIGIN AS CONTAINED IN THE
DECLARATION OF RESTRICTIONS RECORDED JULYS, 1989 AS FILE NO. 89-
354659 OF OFFICIAL RECORDS.
PAGE 6
ORDER NO. 1080959-15
SAID INSTRUMENT ALSO PROVIDES THAT ALL LIENS CREATED BY THIS
DECLARATION OF RESTRICTIONS, INCLUDING, BUT NOT LIMITED TO, ANY
REGULAR OR SPECIAL ASSESSMENTS FOR THE PAYMENT OF MONEY, SHALL BE
SUBORDINATE TO THE LIEN CREATED BY ANY FIRST DEED OF TRUST OR
FIRST MORTGAGE.
SAID INSTRUMENT PROVIDES THAT A VIOLATION THEREOF SHALL NEITHER
DEFEAT NOR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF
TRUST MADE FOR VALUE.
FIRST AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS,
CONDITIONS ANO RESTRICTIONS FOR AVIARA, RECORDED JULY 31, 1990 AS
FILE NO. 90-418521 OF OFFICIAL RECORDS.
SECOND AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR AVIARA, RECORDED FEBRUARY 8,1991
AS FILE NO. 91-0057543 AND "RE-RECORDED MARCH 15, 1991 AS FILE NO.
91-0114756, BOTH OF OFFICIAL RECORDS.
SAID COVENANTS, CONDITIONS ANO RESTRICTIONS WERE INCORPORATED BY
A DECLARATION OF ANNEXATION RECORDED JUNE 7, 1991 AS FILE NO. 91-
0273692 OF OFFICIAL RECORDS.
THIRD .AMENDED AND RESTATED MASTER DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR AVIARA, RECORDED SEPTEMBER 16,
1991 AS FILE NO. 91-0475307 OF OFFICIAL RECORDS.
FIRST AMENDED AND FULLY RESTATED ASSIGNMENT OF DECLARANT'S RIGHTS
UNDER MASTER DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR THE AVIARA COUNTRY CLUB AND RESORT, DATED JUNE
22, 1992, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED
THEREIN EXECUTED BY AND BETWEEN AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND FIRST INTERSTATE
BANK OF CALIFORNIA, A CALIFORNIA CORPORATION, RECORDED JUNE 29,
1992 AS FILE NO. 1992-0406653 OF OFFICIAL RECORDS.
18. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT DELETING
RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL
ORIGIN, IN AN INSTRUMENT RECORDED NOVEMBER 1, 1989 .AS FILE NO.
89-593671 OF OFFICIAL RECORDS.
19. AN EASEMENT FOR UNDERGROUND FACILITIES AND APPURTENANCES FOR THE
TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, COMMUNICATION
FACILITIES, AND APPURTENANCES AND INCIDENTAL PURPOSES IN FAVOR OF
SAN DIEGO GAS & ELECTRIC COMPANY, A CORPORATION, RECORDED
FEBRUARY 20, 1990 AS FILE NO. 90-090371 OF OFFICIAL RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND
AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY.
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ORDER NO. 1080959-15
27. AN INSTRUMENT ENTITLED "DEED RESTRICTION", DATED SEPTEMBER 4,
1991, UPON THE TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS
CONTAINED THEREIN, EXECUTED BY AND BETWEEN AVIARA MASTER
ASSOCIATION, A CALIFORNIA NON-PROFIT MUTUAL BENEFIT CORPORATION,
AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP, A DELAWARE LIMITED
PARTNERSHIP AND THE CALIFORNIA COASTAL COMMISSION, RECORDED
SEPTEMBER 25, 1991 AS FILE NO. 91-0493746 OF OFFICIAL RECORDS.
28. AN INSTRUMENT ENTITLED "DEED RESTRICTION", DATED NOVEMBER 15,
1991, UPON THE TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS
CONTAINED THEREIN, EXECUTED BY AND BETWEEN AVIARA LAND ASSOCIATES
LIMITED PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP AND THE
CALIFORNIA COASTAL COMMISSION, RECORDED DECEMBERS, 1991 AS FILE
NO. 91-0626216 OF OFFICIAL RECORDS.
29. THE FOLLOWING RECITAL AS SHOWN ON MAP NO. 12967:
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.
30. THE SUBDIVISION MAPS REFERRED TO IN THE LEGAL DESCRIPTION HEREIN
CONTAIN VARIOUS RESTRICTIONS IN IMPROVING OR DEVELOPING THE
PROPERTY HEREIN DESCRIBED. REFERENCE IS MADE TO SAID PARCEL MAPS
FOR FURTHER PARTICULARS.
31. THE FACT THAT THE OWNERSHIP OF SAID LANO DOES NOT INCLUDE ANY
RIGHTS OF INGRESS. OR EGRESS TO OR FROM KESTREL DRIVE EXCEPT THOSE
POTIONS NO'l:'ED AS-"ACCESS OPENINGS" ADJACENT THERETO, SAID RIGHTS
HAVING BEEN RELINQUISHED ON MAP NO. 12967.
3 2. THE FACT THAT THE OWNERSHIP OF SAID LANO DOES NOT INCLUDE ANY
RIGHTS OF INGRESS OR EGRESS TO OR FROM ALGA ROAD ADJACENT
THERETO, SAID RIGHTS HAVING BEEN RELINQUISHED ON MAP NO. 12967 ..
3 3 • THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY
RIGHTS OF INGRESS OR EGRESS TO OR FROM POINSETTIA LANE ADJACENT
THERETO, SAID RIGHTS HAVING BEEN RELINQUISHED ON MAP NO. 12967.
3 4 . AN EASEMENT FOR DRAINAGE AND INCIDENTAL PURPOSES AS DELINEATED
ANO DESIGNATED ON MAP NO. 12967, SUBJECT TO ANY TERMS ANO
CONDITIONS CONTAINED THEREIN.
AFFECTS: LOT 3.
PAGE 10
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ORDER NO. 1080959-15
35. AN EASEMENT FOR 75' DRAINAGE AND INCIDENTAL PURPOSES AS
DELINEATED AND DESIGNATED ON MAP NO. 12967, SUBJECT TO ANY TERMS
AND CONDITIONS CONTAINED THEREIN.
AFFECTS: LOT 3.
36. AN EASEMENT FOR 40' DRAINAGE AND INCIDENTAL PURPOSES AS
DELINEATED AND DESIGNATED ON MAP NO. 12967, SUBJECT TO ANY TERMS
AND CO.NDITIONS CONTAINED THEREIN.
AFFECTS: LOT 3.
37. AN EASEMENT FOR 20' DRAINAGE AND INCIDENTAL PURPOSES AS
DELINEATED AND DESIGNATED ON MAP NO. 12967, SUBJECT TO ANY TERMS
AND CONDITIONS CONTAINED THEREIN.
AFFECTS: LOT 3.
3 8. NOTE: A CONDITIONAL CERTIFICATE OF COMPLIANCE AFFECTING THE
HEREIN DESCRIBED PROPERTY WAS RECORDED DECEMBER 4, 1992 AS FILE
NO. 1992-0780797 OF OFFICIAL RECORDS.
39. AN AFFORDABLE HOvSING DEVELOPMENT AGREEMENT DATED JULY 29, 1993,
UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN.
EXECUTED BY AND BETWEEN: AVIARA LAND ASSOCIATES LIMITED
PARTNERSHIP, . A DELAWARE LIMITED
PARTNERSHIP AND THE CITY OF
CARLSBAD, A MUNICIPAL CORPORATION.
RECORDED: AUGUST 25, 1993 AS FILE NO. 1993-0554264 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
40. THE TERMS, COVENANTS, AND PROVISIONS OF THE PARTNERSHIP AGREEMENT
REFERRED TO IN THE VESTING HEREIN, AND THE EFFECT OF ANY FAILURE
TO COMPLY WITH SUCH TERMS, COVENANTS AND PROVISIONS.
1993-1994 TAX INFORMATION:
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
09027
215-643-02
$40,808.15 OPEN
$40,808.15 OPEN
$2,366,400.00
$-0-
$-0-
PAGE 11
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ORDER NO. 1080959-15
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
LOT 3 OF CITY OF CARLSBAD TRACT NO. ·89-37, AVIARA PHASE II, ACCORDING
TO MAP THEREOF NO. 12967, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, SEPTEMBER 16, 1992 AS FILE NO. 1992-0588283 OF
OFFlCIAL RECORDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 261 OF CITY OF CARLSBAD
TRACT 73-39, SPINNAKER HILL UNIT 3, ACCORDING TO THE MAP THEREOF NO.
8453, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO
COUNTY, DECEMBER 29, 1976; THENCE ALONG THE EASTERLY LINE THEREOF
NORTH 07°59'33" WEST 41.80 FEET (NORTH 07°57 1 0011 WEST 41.85 FEET PER
SAID MAP NO. 8453); THENCE NORTH 03°53 1 0411 EAST 28.46 FEET (NORTH
03°53 1 00" EAST, 28.50 FEET PER SAID MAP NO. 8453} TO THE NORTHEAST
CORNER THEREOF; THENCE LEAVING THE BOUNDARY OF SAID LOT 261, SOUTH
22°40 1 5011 EAST 5.59 FEET; THENCE SOUTH 04°111 3611 EAST 56.97 FEET;
THENCE SOUTH 17°19 1 1311 WEST 8.19 FEET TO THE POINT OF BEGINNING.
PAGE 12
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1993-1994 TAX INFORMATION:
CODE AREA:
PARCEL NO.:
1ST INSTALLMENT:
2ND INSTALLMENT:
LAND VALUE:
IMPROVEMENTS:
EXEMPT:
09027
215-643-03
$52,370.82 OPEN
$52,370.82 OPEN
$3,427,200.00
$-0-
$-0-
PAGE 12
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ORDER NO. 1080954-15
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The proposed project will have stucco block wall fencing for the
front returns and block wall fencing for the side yards. The rear
fencing will consist of open wrought iron with the exception of
lots 1-12 and 30-34 of Planning Area 25 which will have a
combination low block wall with wrought
iron.
Per the Preliminary Exterior Noise Analysis For Planning Area 26
North City Of Carlsbad prepared by Mestre Greve Associates dated
February 22, 1991, any two story home on lots 2-4, 7-9 require
mechanical ventilation. As currently plotted, lot 7 has a one story
home which does not require mechanical ventilation.
LEFT
;. ~ •'
.,
i: :• .. ; -:· ;· ·L. ~ .... .;. :·.. . ~~~--{
---~~~=~~==;;;;;;;=~;;;;;--I
REAR
FRONT ELEV A TION PLAN 3
NOTE: OTHER ELEVATIONS WILL VARY IN ROOF, WINDOW, AND TRIM DETAILING.
RIGHT 1,r-r-0-
AVIARA
WARMINGTON
!iJASSENIAN LAGON
HOMES
ARCHITECTS
0 ()
CASE-NO. _______ _
DATE:
ENVIRONMENTAL IMPACT ASSESSMENT FORM -PART I
(To be Completed by APPLICANT)
Applicant: Warmington Homes
Address of Applicant: 3090 Pullman Street Suite A
Costa Mesa, California 92626
Phone Number: ( 714 ) 5 5 7 -5 511
Name, address and phone number of gerson to be contacted (if other than Applicant): Kurt Bausback 7 1 Palomar Airport Fioad Suite 120
Carlsbad, Ca 92009
(619) 931-1461
GENERAL INFORMATION: (Please be specific)
Project Description: 102 single fa~ily detached residential
units on min. 7,500 sq. ft. lots.
Project Location/Address: South side of Alga Road at fu-ture
Kestrel Drive.·
Assessor Parcel Number: 215 -040 -23
General Pl an/Zone of Subject Property: R;LM:,, R:M1 ,, QS;.,) R:C; ,; N: ,, / i?,G; .
Local Facilities Management Zone: ____ 1_9 ______________ _
Is the site within Carlsbad's Coastal Zone? --------------• Yes
Pleas·e describe the area surrounding the site to the
North: Alga Road East: -----------------Aviara Golf Course
South: Vacant/Graded West: Homes and Greenhouses
List all other applicable permits & approvals related to this project:
-Approved Tenative Maps CT 90-37(Resolution #3339)and CT 90-38
(Resolution #3314).
-Approved Negative Declarations for CT 90-37 and CT 90-38.
-A~iara Phase II Mastar Plan.
' I
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a 0
(Please be Specific. Attach Additional Pages or Exhibits, if necessary)
1. Please describe the· project site, including distinguishing natural and
manmade characteristics. Also provide precise slope analysis when a slope
of 15' or higher and 15% grade or greater is present on the site.
See Attached
2. Please describe energy conservation measures incorporated intp the design
and/or operation of the project.
All units will be designed and built per the Title 24
requirements.
3. PLEASE ATTACH A PROJECT SUMMARY SHEET WHICH SHOWS THE FOLLOWING:
a. If a residential project identify the number of units, type of units,
schedule of unit sizes, range of sal~ prices or rents, and type of
household size expected, average daily traffic generation {latest SANDAG
rates).
See Attached
b. If a commercial project, indicate the exact type, activity{ies),.
sqtiare footage of sales area, average daily traffic generation
{latest SANDAG rates), parking provided, and loading facilities.
c. If an industrial project, indicate the exact type or industry{ies},
average daily traffic generation (latest SANDAG rates}, estimated
employment per shift, time of shifts, and loading facilities.
d. If an institutional project, indicate the major project/site
function, estimated employment per shift, estimated· occupancy,
loading facilities, and community benefits to be derived from the
project.
3
5)
6)
7)
8)
9)
0 0
Could the activity increase the number of low and
moderate cost housing units in the city?
EXPLANATION: The e~timated prices for the
proposed units do not qualify as low or
moderate cost housing.
Could the activity significantly affect existing
housing or create a demand for additional housing?
EXPLANATION: The proposed development will
create additional housing to meet current
demand.
Are any of the natural or man-made features in the
activity area unique, that is, not found in other
parts of the county, state or nation?
YES
EXPLANATION: __ T_h_e_s_i_t_e_h_a_s_b_e_e_n_p_r_e_v_i_o_u_s_l~y'--
graded and no unique natural or man-mad feature
exists.
Could the activity significantly affect an
historical or archaeological site or its settings?
EXPLANATION: The site has been previously
graded and no historical or archaeological
sites are present on· hte site.
Could the activity significantly affect the
potential use, extraction, or conservation of a
scarce natural resource?
EXPLANATION: There is no known presence
of any scarce natural resource which the
proposed development would prohibit potential
use, extraction, or conservation of.
5
NO
X
X
x·
X
X
! . !
10)
11)
12)
13)
14)
0
Could the activity significantly affect fish,
wildlife or plant resources?
C)
EXPLANATION: The proposed development will
YES
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i not encroach into the Coastal Deed Restrictedl
i i
Open Space Areas dr any existing water w~ys. 1
Are there any rare or endangered plant or animal
species in the activity area?
EXPLANATION: i Areas of Co~stal Sage are locate~
w hin the Costal Deed Restricted Areas.
However, this project will not encroach into
the Coastal Deed Restricted Areas.
Could the activity change existing features of any
of the city's stream, lagoons, bays, tidelands
or beaches?
EXPLANATION: The proposed development will
I
utilize existing structures for drainage which
' do not change existing features of any of·the;
c y!s streams, lagoons, ect.
Could the activity result in ·the erosion or elimin-
ation of agricultural lands?
I
EXPLANATION: The approved Master Plan for thi~
project required m~tigation in the form of
Ag
I
I cultural Conversion Fees which have already
I been paid.
Could the activity serve to encourage development I of presently undeveloped areas or intensify develop-1
ment of.already developed areas?
EXPLANATION: The proposed development is b orderjed by
I e~i~ting hous!~g or areas already approved fori
!
development as ~art or the Aviara Master Plan
6
NO
X
X
X
X
0 0 . YES -1!Q.
15) Will the activity require a variance from estab-
lished environmental standards (air, water, noise,
etc.)?
EXPLANATION: The proposed development complies
with currently established environmental
standards.
16) . Is the activity carried out as part of a larger
project or series of projects?
• EXPLANATION: The proposed development is
part of Aviara Master Plan Phase II (CT 89-37).
17) Will the activity require certification, authoriza-
tion or issuance of a permit by any local, state or federal environmental control agency?
EXPLANATION: The proposed development has
previously recieved. Negative Declarations
and does not require any additional authorization
or permtt from any environmental agency.
18) Will the activity require issuance of a variance or
conditional use permit by the City?
EXPLANATION: The proposed development will
be in compliance with Tenative Maps CT 90-37 &
CT 90-38.
19) Will the activity involve the application, use, or
disposal of potentially hazardous materials?
EXPLANATION: The proposed Development will
not involve the use or the dispo~al of
potentially hazardous materials.
7
X
X
x
X
20)
21)
22)
23)
24)
0 ()
Will the activity involve construction of facilities
in a flood plain?
EXPLANATION: The proposed development is
located well above the food plain.
Will the activity involve construction of facilities
in the area of an active fault?
EXPLANATION:
The proposed development is not located
in a known active fault area.
Could tha activity result in the generation of
significant amounts of dust?
EXPLANATION: The proposed development does
not involve any significant grading and
I
I YES
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!
i will not generate a significant amount of dust.
Will the activity involve the burning of brush,
trees, or other materials?
EXPLANATION: __ T_h_e_s_1_·t_e_:;_o~·f__;;t~h~e___.p~r~o~p~o~s;;;....;;..e=d __ _ I
I
development has been graded and all vegetatio~
in pad areas has been removed.
Could the activity result in a significant change
in the quality of any portion of the region's air
or water resources? (Should note surface, ground
water, off-shore!)
EXPLANATION: The proposed development will
utilize existing drainage facilities to handle
I
site drainage which will not significantly
change the quality of the water resources. Project
NO
X
X
X
X
X
will increase traffic by 8 I 1,020 ADT's which does not
represent a significant change to the regions air quality.
25)
26)
27)
28)
0 0
Will the project s~bstantially increase fuel
consumption (electricity, oil, natural gas, etc.)?
EXPLANATION: The proposed 102 residentia 1
YES
units will be constructed per Title 24 requirements
and the project will not create a substantial
increase in fuel consumption.
Will the activity involve construction of facilities
on a s 1 ope of 25. percent or greater?
EXPLANATION: • The proposed development does
not involve construction of facilities on
a slope 25% or greater.
Will there be a significant change to existing
land form?
(a) Indicate estimated grading to be done in
cubic yards: -.,,..-...,,,....-----. (b} Percentage of alteration to the present
land form: _________ .
(c) Maximum height of cut or fill slopes:
EXPLANATION: __ T_h_e_s_i_t_e_h_a_s_b..,.e_e_n--'g..._r_a_d_e_· d __ _
and no significant changes to existing land
form will occur.
Will the activity result in substantial increases
in the use of utilities, sewers, drains or streets?
EXPLANATION: The proposed development will
add only 102 units to water, gas, and electrical
service, 102 EDU's to the existing sewer system,
1,020 ADT 1·s to existing streets, and 56.1 acres
drain into existing structures. These increases
do not represent substantial increases to the
above mentioned services. g
NO
X
X
x·
X
0 0
II. STATEMENT OF NON-SIGNIFICANT ENVIRONMENTAL EFFECTS
If you have answered yes to any of the questions in Section I but think
the activity will have no significant environmental effects, indicate your
reasons below:
16) The proposed develop~ent site~bas aJreadJ beeB~re1iewed under
the Master Plan EIR 83-2(A) and the Mitigated Negative
Declaration for Aviara Phase II (CT-89-37)and, as designed,
has implemented all recommended mitagation measures. Also
The.proposed project has received Negative Declarations for
CT 90-37 & CT 90-38.
III. COMMENTS OR ELABORATIONS TO ANY OF THE QUESTIONS IN SECTION I
{If additional ·space is needed for answering
additional sheets as needed.)
any q·uest i ans, attach
Signature ___ P,_7
,'--/..:.....i.;.~=·.,,,....__ -...--··...__) __ A_·-·--,---------
~port)
Date Signed ___ {_f:J_-2_1P_• q_S ___________ ___
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1. Site Description
The site consists of 102 single family residential lots and 5
open space lots. The proposed project involves the construction of
102 single family detached residential units as well as the
installation of sewer, water, storm drain and street improvements.
The site encompasses Planning Areas 25 and 26(N) of the Aviara
Master Plan and is located on the south side of Alga Road at
Kestrel Drive. The site contains previously designated open space
and Coastal Deed Restricted Areas which the proposed project will
not encroach upon. The site is bordered by Alga Road to the north,
existing housing and green houses to the west, Aviara golf course
to the east, and mass graded, future residential lots to the south.
All proposed on-site sewer and storm drains will tie into existing
off-site structures which eliminates the need for any off-site
construction. The proposed project is consistent with Approved
Tentative Maps CT 90-37 & CT 90-38 and both maps have received
Negative Declarations (copies of Negative Declarations are
attached) . The proposed project has also been reviewed under
Master Plan EIR 83-2(A) and the Mitigated Negative Declaration for
Aviara Phase II (CT 89-37) and as designed, the project implements
all recommended mitigation measures.
3. Project Summary
The project will consist of 102 single family detached homes.
17 units will be one story and 85 units will be two story. The
unit sizes are as follows:
Plan 1 2,325 sq. ft.
Plan 2 2,400 sq. ft.
Plan 3 2,718 sq. ft.
(Plan 1 with a loft)
Plan 4 2,766 sq. ft.
Plan 5 2,888 sq. ft.
The estimated price range for these units is $295,000 to $385,000
depending upon unit size and lot premium.
The average household size expected is four persons.
The Average Daily Traffic Generation, per SANDAG rates will be
1,020 ADT's.