HomeMy WebLinkAboutLCPA 95-13; Marea-Aviara Planning Area 12; Local Coastal Program Amendment (LCPA)TO THE PLANNING COMMISS ION
P.C. AGENDA OF November 15, 1995
Application complete date: February 1, 1995
Project Planner: Michael Grim
Project Engineer: Jim Davis
SUBJECT
PLANNING AREA 12 - Request for a Master Plan Amendment and Local
Coastal Program Amendment to revise the permitted uses and development
standards for Planning Area 12 and a Tentative Tract Map Revision and
Planned Unit Development Permit Amendment to allow a 101 clustered single
family detached condominiums on 21 lots, within Aviara Planning Area 12, in
Local Facilities Management Zone 19.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution Nos. 3840,3841,
and PUD 89-19(A), based on the findings and subject to the conditions contained therein.
3842 and 3843 RECOMMENDING APPROVAL of Mp 177(L), LCPA 95-13, CI' 89-39(A)
11. INTRODUCTION
The project would revise the currently approved 10s unit multifamily residential
development to a 101 unit, clustered single family condominium development. The units
would be under condominium ownership and would have exclusive use areas surrounding
the homes. The master plan development standards would be revised to reflect the new
clustered single family condominium product, however no reduction in public facilities,
planning area setbacks, parking, sidewalks, landscaping or recreation areas would occur.
111. PROJECT DESCRIPTION AND BACKGROUND
Chanco Development Corporation is requesting approval of a master plan amendment, local
coastal program amendment, tentative tract map revision and planned unit development
permit amendment to develop a 101 unit, clustered single family condominium within Aviara
Planning Area 12. The project site is located on the southeast comer of Alga Road and Black Rail Court, between the Four Seasons Resort Aviara and Aviara Point, the custom
lot neighborhood. North of the site is Alga Road and to the south is natural open space
and the Aviara golf course. The site is designated for medium density residential use by the
General Plan (RM) and Aviara Master Plan is zoned P-C (Planned Community).
The site is currently graded as a result of the Aviara Phase I mass grading and some finish
grading associated with the previously approved tentative map. AU deed restricted native
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MP 177(L)fLCPA 95-13/C - 89-39(A)/PUD 89-19(A)
MAREA - AVIARA PLANNING AREA 12 NOVEMBER 15,1995
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habitat open space areas were delineated and preserved with the former project, thus
creating a defined pad area for future construction. The site takes access off of Black Rail
Court, along with Aviara Point and Aldea I1 (Planning Areas 13 and 15).
The existing approvals on Planning Area 12 include a tentative tract map and planned unit
development for 108 multifamily condominiums arranged in attached triplex structures, with
one unit on the ground floor and two above. The proposed plan would create 101 detached single family condominium units, which are clustered in pods of four to eight units around
cul-de-sac courtyards. The subdivision would be an air space condominium with exclusive
use yard areas around each unit. As shown on Exhibit "A", the courtyards feed off of a main spine street, which measures 32 feet wide and allows parking on one side. Each
courtyard would serye up to four units for 24 foot wide cul-de-sac courtyards and up to eight
for 30 foot wide cul-de-sac courtyards. The unit clusters are located behind units fronting
on the spine street, thereby creating a typical single family residential streetscene. All
garages that take access off of the main spine street would have a minimum 20 foot setback,
to create additional guest parking opportunities and allow for adequate internal circulation.
The architecture of the single family condominiums would be Spanish Colonial, in keeping
with the master plan design guidelines. The two and three bedroom units would range from
1,527 to 1,843 square feet and include a minimum 20 foot by 20 foot garage. Each home
would contain two stoly internal living areas and three different potential external
elevations. Each condominium unit would have its own front, side and rear yard, or
exclusive use area; all but 11 rear yards would have a minimum dimension of 15 feet by 15
feet. In addition to the private yards, a common active recreation area with a pool, spa and
cabana and a common passive recreational lookout area would be included in the
development. AU recreation areas would be maintained by the homeowner's association.
Some retaining walls would be necessary to develop this product type on the subject
property but, except for the golf course frontage, no walls or fencehall combinations within the project would exceed six feet in height. Along the golf course frontage, the guest
builder will build a solid wall topped by a view fence to preserve views of the golf course
while hiding the solid portion of the wall behind the fall of the slope and with vegetation.
The clustered single family condominium proposal involves two groups of permit requests:
a master plan amendment/local coastal program amendment and a tentative map revision
and planned unit development permit amendment. The master plan amendment and local
coastal program amendment would revise the permitted uses and development standards in
the master plan to allow a clustered single family condominium development. The tentative tract map revision and planned unit development permit amendment would revise the
currently approved multihmily development plan and product type to the proposed
clustered single family condominium.
The Carlsbad Municipal Code allows a master plan to override normal development standards. Since the Aviara Master Plan selyes as the zoning for the master plan area,
amendment of those standards redefines the allowed development within the applicable
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MP 177(L)/LCPA 9S-l3/~ 1' 89-39(A)/PUD 89-19(A)
MAREA - AVIARA PLANNING AREA 12
NOVEMBER 15,1995
PAGE 3
portion of Aviara. As shown in Exhibit "X", attached to Planning Commission Resolution
No. 3840, dated November 15, 1995, the change to permitted uses within Aviara Planning
Area 12 would allow clustered single family instead of the currently approved attached
multifamily uses. The revision to development standards would permit smaller building
separation (10 feet), reduced front setbacks for living areas (10 feet), reduced building
height (two stones exclusively) and reduced private street width for courtyards serving four
units or less (24 feet). The proposed revisions would not adjust residential density, planning
area boundary setbacks, recreation area or parking requirements. The proposed revisions
to the tentative map and planned unit development permit are detailed in Exhibits "A" - "P",
dated November 15,1995, and briefly described above.
The proposed product type is similar to that recently approved in Planning Area B-1 of the
Poinsettia Shores Master Plan (MP 175). The building separation, setbacks, yards and cul-
de-sac courtyard width for the Marea - Aviara Planning Area 12 project all emulate the
Poinsettia Shores clustered single family condominium model.
The Marea - Aviara Planning Area 12 project is subject to the following land use plans,
policies, programs and zoning regulations:
A.
B.
C.
D.
E.
F.
G.
H.
General Plan
Mello I segment of the Local Coastal Program
Aviara Master Plan (MP 177 and its amendments)
Planned Community Zone Ordinance (Chapter 21.38 of the zoning
Ordinance)
Planned Development Ordinance (Chapter 21.45 of the Zoning Ordinance)
Growth Management Ordinance (Chapter 21.90 of the Zoning Ordinance)
Zone 19 Local Facilities Management Plan
Subdivision Ordinance (Title 20 of the Carlsbad Municipal Me)
Iv. ANALYSIS
The recommendation of approval for this project was developed by analyzing the project's
consistency with the applicable policies and regulations listed above. The following analysis
section discusses compliance with each of these regulations/policies utilizing both text and
tables.
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MP 177(L)/LCPA 95-131L A’ 89-39(A)/PUD 89-19(A) MAREA - AVIARA PLANNING AREA 12 NOVEMBER 15,1995
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A. Generalplan
The proposed Marea - Aviara Planning Area 12 project is consistent with the
applicable policies and programs of the General Plan. Particularly relevant to the
clustered single family condominium proposal are the Land Use, Circulation, Noise,
Housing, Space and Conservation and Public Safety Elements. Table 1 below
indicates bow the project complies with these particular elements of the General
Plan.
TABLE 1 - GENERAL PLAN COMPLIANCE
ELEMENT
~
Land Use
Circulation
3pen Space and Conser-
ration
Voise
USE CLASSIFICATION/GOAL,
OBJECI’IVE OR PROGRAM
Site is designated for residential development at a density of 4.0 to 6.0 dwelling units per acre.
Require new residential development to provide pedestrian and bicycle linkages, where feasible, which connect with nearby community centers, parks, schools, points of interest, major
transportation corridors and the
proposed Carlsbad Trail System.
Require new development to construct
all roadways needed to serve the proposed development prior to or
concurrent with needs.
Minimize environmental impacts to
sensitive resources in the City.
Utilize Best Management Practices for
the control of storm water pollutants.
65 dBA CNEL is the maximum noise
level to which residential units subject to noise from McClellan-Palomar Airport should be permitted Additional disclosure actions may be required of sellers of noise impacted units.
PROPOSED USES AM)
IMPROWMENTS
Project is clustered single family development at a density
of 5.5 dwelling units per acre.
Streets within development contain sidewalks which link up with the Aviara sidewalk and trail system, linking the community site, Zone 19 park,
Aviara Oaks school, and the Four Seasons Aviara Resort.
Project is conditioned to
complete all street
improvements prior to
occupancy of any unit.
Project maintains appraved
amount of native habitat, and
erosion control during remedial
grading reduces sedimentation
of lagoon.
Project will comply with all
NPDES requirements.
Project is conditioned to post
aircraft noise notification signs in all sales offices associated with the new development.
COMPLIANCE
Yes
Yes
Yes
Yes
Yes
Yes
MP 177(L)lKPA 95-131~ A' 89-39(A)/PUD 89-19(A)
MAREA - AVIARA PLANNING AREA 12
NOVEMBER 15, 1995
USE CLASSIFICATION/GOAL,
OBlEclrvE OR PROGRAM
Ensure that all master planned and
specific planned communities and all
qualified subdivisions provide a range of housing for all economic income ranges.
Design all structures to seismic design
standards of the UBC and State building
requirements.
Provision of emergency water systems
and all-weather access roads.
PROPOSED USES AND IMPROVEMENTS
Project provides low to medium market rate units within Aviara
while the master plan developer has constructed sufficient low income units in the Villa Loma development to cover Planning Area 12's affordable housing requirement.
COMPLIANCE
TABLE 1 - GENERAL PLAN COMPLIANCE
ELEMENT
Housing
l Public Safety
i
All buildings will meet UBC
and State seismic requirements.
All necessary water mains, fire
hydrants and appurtenances
must be installed prior to occupancy of any unit and all-
weather access roads will be
maintained throughout
construction.
Yes
Yes
Yes
B. Mello I segment of the Local Coastal Program
The Marea - Aviara Planning Area 12 site is located within the Mello I segment of
the LCP, therefore the project is subject to the Land Use Plan and Implementing
Ordinance for the Mello I segment. The implementing ordinance for those portions
of the Mello I segment within Aviara is 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 Land Use
Plan that apply to thg proposed project are land use, environmentally sensitive
habitat presewation, and grading and erosion control.
The land uses allowed through the LCP segments are the same as those allowed by
the Aviara Master Plan, therefore the proposed amendments to the master plan
adjust the LCP to the proposed clustered single family development type. The
proposed density is very similar to that previously approved. All steep slopes with
native vegetation were preserved through the previous tentative tract maps (CI' 85-35
and CT 89-39) and no encroachments are proposed with this proposed amendment.
The current erosion control standards of the Engineering Department will be maintained throughout the project site to deter off-site erosion and potential lagoon
sedimentation. Considering the above, the proposed clustered single family
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MP 177(L)/LCPA 95-13/CA 89-39(A)/PUD 89-19(A)
MAREA - AVIARA PLANNINGAREA 12
NOVEMBER 15,1995
PAGE 6
c.
condominium project conforms with the applic-ble policies of the Mello I Local
Coastal Program segment.
Aviara Master Plan (MP 177 and its amendments)
The Aviara Master Plan, originally adopted as the Pacific Rim Country Club and
Resort Master Plan in December 1987, also serves as the implementing ordinance
for the three Local Coastal Program segments that envelope Aviara (Mello I, Mello
11, and East Batiquitos Lagoon). The following discussion therefore addresses both
conformance with the master plan and the LCP implementing ordinance.
The Carlsbad Municipal Code allows a master plan to override normal development
standards. These master plan development standards are contained in the
appropriate section addressing planning area development. Some of the master plan
development standards refer back to the Zoning Ordinance and are therefore discussed in section E below.
Since the development standards with regard to setbacks and courtyard widths are
proposed to be revised through the master plan amendment, the project is internally consistent with those revisions. There are standards that are applicable to this
project but are not proposed to change. Table 2 below summarizes the project's
conformance with those applicable portions of the Aviara Master Plan.
TABLE 2 - AVIARA MASTER PLAN C0NM)RMANCE
MASTER PLAN REQUIREMENT
Building height: 35 feet maximum
2 stories maximum
Uga Road setback 50 feet from R.O.W.
Black Rail Ct. setback: 30 feet from R.O.W.
Planning area setback 20 feet from boundary
~~ ~
Parking: Two car garage, 20 feet by 20 feet
28 guest parking spaces
PROPOSED PLAN
All units measure 25 feet or less in
height and have 2 or less stories.
All units are 50 feet or more from the
Alga Road right-of-way. .
All units are at least 30 feet from the
Black Rail Court right-of-way.
All units are 30 feet or more from the
planning area boundary.
All units have garages with minimum 20 by 20 foot interior dimensions.
Total guest parking provision is 29
spaces plus many units have adequate driveway length to support guest parking opportunities.
Yes
Yes
Yes
Yes
Yes
Yes
MP 177(L)/LCPA 95-131- 89-39(A)/PUD 89-19(A)
MAREA-AVIARAPL-IWINGAREA12 NOVEMBER 15,1995
PAGE 7
I MASTERPLANREQUIREMENT I PROPOSED PLAN I CONFORMANCE I
Fencing: Noise walls as needed Noise studies showed need for noise
wall along Alga Road. Noise wall was
constructed by master plan developer. I Yes
Landscaping: Fire suppression zones
HOA maintained slopes
Landscaping: Fire suppression zones
HOA maintained slopes
All fire suppression zones provided
conform to guidelines.
Northwest graded slopes near 7th
hole, slopes near Alga Road and
southern native Open space all maintained by Marea or Aviara Master Homeowner’s Association.
Yes
Yes
D. Planned Community Zone Ordinance (Chapter 2138 of the Zoning Ordinance)
The underlying zoning of the proposed Four Seasons Aviara Resort project is P-C,
Planned Community. In accordance with that designation, the Aviara Master Plan
was created to implement the zoning. Chapter 21.38 of the Zoning Ordinance details
the manner in which a master plan is amended. The required submittal items
include a description of land uses, facility and fiscal impact evaluations, development
standards and open space requirements, and phasing schedules. These documents
have been evaluated by staff and have contributed to the approval recommendation.
Certain findings must be made prior to approving a master plan amendment. These
findings, contained in Planning Commission Resolution No. 3840, dated November
15,1995, deal mostly with the compatibility of land uses and the adequacy of public
facilities. The Aviara Master Plan has been designed to provide open space and
street buffering between residential and non-residential uses, thereby ensuring land
use compatibility. As required by the Zone 19 Local Facilities Management Plan,
all public facilities necessary to sewe the residential development are already in place
or will be in place prior to occupancy.
Since the proposed master plan amendment still allows the necessary Eindings to be
made, the proposal is consistent with the Planned Community Zone Ordinance.
E. Planned Development Ordinance (Chapter 21.45 of the Zoning Ordinance)
Even though the Marea - Aviara Planning Area 12 is subject to the Aviara Master
Plan, some of the master plan development standards and design guidelines refer
back to the Zoning Ordinance. Pursuant to that reference, the clustered single
hdy condominium proposal is subject to the Planned Development requirements
regarding recreation facilities, private streets, recreational vehicle storage and storage
space. Table 3 below details the project’s conformance with those requirements.
MP 177(L)/LCPA 95-13/~ a' 89-39(A)/PUD 89-19(A)
MAREA - AVIARA PLANNING AREA 12 NOVEMBER 15,1995
PAGE 8
TABLE 3 - PLANNED DEVELOPMENT ORDINANCE CONFORMANCE
MASTER PLAN REQUIREMENT I PROPOSED PLAN
Recreation area: 200 square feet per unit
Private street: 32 feet wide, parking one side
RV storage: u) square feet per unit
Storage space: 480 cubic feet per unit
AU but 11 units have 15'x15' yards
(225 sq ft each), all other rear yards
measure oyer 250 sq ft each and total common recreation area is 13,504 square feet (133 sq finit).
Main spine street measures 32 feet
wide, parking on one side and sidewalks on both sides.
All planning areas cavered by Aviara
master plan recreational storage area.
All homes contain at least 480 cubic
Yes
Yes
Yes
Yes
F. Growth Management Ordinance (Chapter 21.90 of the Zoning Ordinance)
Marea - Aviara Planning Area 12 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.
TABLE 4 - GROWTH MANAGEMENT COMPLIANCE
IMPACTS COMPLIANCE ' STANDARD
City Administration 351.1 sq ft Yes
Library 187.3 sq ft Yes
Waste Water Treatment 101 EDU Yes
Parks 0.7 acres YeS
Drainage PLDA D Yes
Circulation 1,010 ADT Yes
Fire Fire Stations #2 and #4 Yes
,
Open Space 4.54 acres Yes
Schools Not Applicable Yes
Water 22,220 GPD Yes
MP 177(L)/LCPA 95-13/C 1' 89-39(A)/PUD 89-19(A)
MAREA - AVIARA PLANNINGAREA 12 NOVEMBER 15,1995
PAGE 9
G.
H.
V.
Zone 19 Local Facilities Management Plan
The proposed clustered single family condominium project lies within Local Facilities
Management Zone 19 and is not subject to any special conditions involving facilities.
The project is required to adhere to 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. The project
is therefore consistent with the Local Facilities Management Plan for Zone 19.
Subdivision Ordinance (Title 20 of the Municipal Code)
The Carlsbad Municipal Code requires a subdivision map to be filed in accordance
with Title 20 for any subdivision project. Accordingly a tentative tract map revision
is being processed with the clustered single family condominium proposal. CI' 89-
39(A) would create a total of 21 lots; 10 lots that include 101 single family, air-space
condominiums, 5 street lots and 6 open space lots. As conditioned the project would provide all necessary improvements and all of the findings required by Title 20 csul
be made and are contained in Planning Commission Resolution No. 3842, dated
November 15,1995. The project is therefore consistent with Title 20, the Subdivision
Ordinance.
ENVIRONMENTAL REVIEW
The proposed revisions to the master plan, local coastal program and approved tentative tract map and planned unit development permit for Planning Area 12 were reviewed with
respect to their potential environmental impacts, pursuant to the California Environmental
Quality Act, the State CEQA Guidelines, and Title 19 - the Environmental Protection
Ordinance. The project site has undergone two previous environmental reviews: the
certified Environmental Impact Report for the Aviara Master Plan (EIR 83-02(A)), and the
Conditional Negative Declaration for Aviara Planning Area 12 development (CI' 89-39).
Upon review of the current proposal, it has been determined that this is a reduced project
and that there will be no additional significant effects that were not analyzed in the previous
environmental reviews. The current proposal conforms to the parameters established
through the previous reviews and all adjustments necessary to reduce impacts to a level of
insignificance have already been implemented or are incorporated into the project design.
Therefore, no mitigation measures are required with this proposal.
With regard to air quality and circulation impacts, the City's MEIR found that the
cumulative impacts of the implementation of projects consistent with the General Plan are
significant and adverse due to regional factors, therefore the City council adopted a
statement of overriding consideration. The project is consistent with the General Plan and
as to these effects, no additional environmental document is required.
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MP 177(L)/LCPA 95-13, - 2 89-39(A)/PUD 89-19(A)
MAREA - AVIARA PLANNINGAREA 12
NOVEMBER 15,1995
PAGE 10
1
Considering the adequacy of the previous environmental review on the site, the project
qualifies as a subsequent development as identified in Section 21083.3 of the California
Environmental Quality Act. Therefore, the Planning Director issued a Notice of Prior
Environmental Compliance on March 23, 1995, a copy of which is attached to this report
and on file with the Planning Department.
AlTACHMENTS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Planning Commission Resolution No. 3840
Planning Commission Resolution No. 3841
Planning Commission Resolution No. 3842
Planning Commission Resolution No. 3843
Location Map
Notice of Prior Environmental Compliance, dated March 23, 1995
Environmental Impact Assessment Form, Part 11, dated February 23, 1995
Background Data Sheet
Local Facilities Impact Assessment
Disclosure Statement.
I
MAREA * AVlARA I? A. 12
MP 177(L)/LCPA 95-1 3/CT 89-39(A)/
PUD 89-19(A)
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: 'd' BREZZA - AVIARA PLANMNG AREA 12
Project Location: A pregraded pad on the south side of Alga Road, between Black Rail
Court and Blue Heron Way in Phase I of the Aviara Master Plan.
Project Description: Tentative tract map, planned unit development permit, and
master plan amendment to allow the development of a 107 unit,
single family clustered development within an existing vacant
residential pad in Aviara Planning Area 12.
Justification for this determination is on file in the Planning Department, Community
Development, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the
public are invited. Please submit comments in writing to the Planning Department within
twenty (20) days of date of publication.
. .
DATED: MARCH 23, 1995
MICHAEL J. HO-ILLER
CASE NO CT 89-39(A)/PUD 89-19(A) Planning Director
APPLICANT: 'd' BREZZA - AVIARA PLAN"G AREA 12
PUBLISH DATE: MARCH 23,1995
2075 Las Palmas Drive - Carlsbad, California 92009-1576 - (619) 438-1 161 @
ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO. SDP 83-11(F)/CUP 9449
DATE: Februarv 23. 1995
BACKGROUND
1. CASE NAME: ’d‘ Brezza - Aviara Plannine Area 12
2. APPLICANT: Chanco DeveloDment Corn.
3. ADDRESS & PHONE NUMBER OF APPLICANT: 209 Avenida Del Mar. Suite 204. San Clemente. CA 92672
(714) 498-2324
4. DATE EIA FORM PART I SUBMI’ITED: Januar~ 24.1995
5. PROJECT DESCRIPTION: Tentative tract ma^. Dlanned unit develoDment uermit. and master ~lan
amendment to allow the develoDment of a 107 unit, single family clustered develoDment within an existing
vacant residential Dad in Aviara Plannine Area 12.
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 Sigmfkant Impact”, or “Potentially Significant Impact Unless Mitigation
Incorporated” as indicated by the checklist on the following pages.
- Land Use and Planning - Transportat ion/Circulat ion - Public Services
Population and Housing - Biological Resources - Utilities and Service Systems -
- Geological Problems - Energy and Mineral Resources - Aesthetics
Hazards - Cultural Resources - Water -
- Air Quality - Noise - Recreation
- Mandatory Findings of Significance
4
1-1 Rev. 1/30/95
DETERMINATION.
(To be completed by the Lead Agency).
On the basis of this initial evaluation:
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. cl
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required. 0
I find that the proposed project MAY have significant effect(s) on the environment, but at least one 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, if the
effect is a "potentially significant impact" or "potentially significant unless mitigated." An
ENVIRONMENTAL IMPACT REPORT/MITIGATE NEGATIVE DECLARATION is required, but it must
analyze only the effects that remain to be addressed. 0
I fmd that although the proposed project could have a si@icant 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 an earlier EIR / MITIGATED NEGATIVE DECLARATION pursuant to applicable standards
and (b) have been avoided or mitigated pursuant to that earlier EIR / MITIGATED NEGATIVE
DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project.
Therefore, a Notice of Prior Compliance has been prepared. - X
1-2 Rev. 1/3ops
ENVIRONME NTAL IMPAm
STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental
Impact Assessment to detemrine 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.
A brief explanation is required for all answers except "No Impact'' answers that are adequately supported by
an information sou~ce cited in the parentheses following each question. A "No Impact" answer is adequately
supported if the referenced information sou~ces 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.
"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.
"Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation
measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Signifcant Impact."
The developer must agree to the mitigation, and the City must describe the mitigation measwes, and briefly
explain how they reduce the effect to a less than sisnificant level.
"Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant.
Based on an "EIA-Part II", if a proposed project could have a potentially significant effect on the
environment, but 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, then no additional environmental document is required (Prior
Compliance).
A Negative Declaration may be prepad if the City perceives no substantial evidence that the project or any
of its aspects may cause a significant effect on the environment.
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 signifcant, 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.
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.
1-3 Rev. lpoP5
0 An EIR mu@ be prepared if "Potentially Signifcant Impact" is checked, and including but not limited to the
following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier
EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce
the impact to less than sisnificant; (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 EM-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.
1-4 Rev. 1/3oPs
I. LAND USE AND PUNNING. Would the proposal:
Conflict with general plan designation
or zoning? (Source #(s): #1, pg 8)
Conflict with applicable environmental plans
or policies adopted by agencies with jurisdiction
over the.project? (#l, pg 8)
Be incompatible with existing land use in the
vicinity? (#l, pg 8)
Affect agricultural resources or operations
(e.g. impacts to soils or farmlands, or impacts
from incompatible land uses)? (#l, pg 7)
Disrupt or divide the physical arrangement
of an established community (including a low-
income or minority community)? (#l, pg 8)
KI. POPULATION AND HOUSING. Would the proposal:
a) Cumulatively exceed official regional or local
population projections? (#l, pg 8)
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, pg 8)
c) Displace existing housing, especially affordable housing? (#l, pg 8)
X -
1-5 Rev. 1pOp5
Issues (and Suppcrting Infamadm Sauces):
III. GEOLOGIC PROBLEMS. Would the
proposal result in or expose people to potential
impacts involving:
Fault rupture? (#l, pg 6)
Seismic ground shaking? (#l, pg 6)
Seismic ground failure, including
liquefaction? (#l, pg 6)
Seiche, tsunami, or volcanic hazard? (#l, pg 6)
Landslides or mudflows? (#l, pg 6)
Erosion, changes in topography or
unstable soil conditions hrn excavation,
grading, or fill? (#l, pg 6)
Subsidence of the land? (#l, pg 6)
Expansive soils? (#l, pg 6)
Unique geologic or physical features? (#l, pg 6)
X -
X -
X
- X
-
X
X
X
- X
-
-
-
W. WATER. Would the proposal result in:
a) Changes in absorption rates, drainage patterns,
or the rate and amount of sufface runoff? (#l, pg 7) - - - - X
b) Exposure of people or property to water related X hazards such as flooding? (#l, pgs 6 & 7) - - - -
1-6
c) Discharge into SLlffaCe waters or other
alteration of surface water quality (e.g.
temperature, dissolved oxygen or
turbidity)? (#l, pg 7)
d) Changes in the amount of surface water
in any water body? (#l, pg 7)
e) Changes in currents, or the course or direction of water movements? (#l, pg 7)
0 Change in the quantity of ground waters, either through direct additions or withdrawals, or through
interception of an aquifer by cuts or excavations or
through substantial loss of groundwater recharge
capability? (#l, pg 7)
g) Altered direction or rate of flow of groundwater? (#l, pg 7)
h) Impacts to groundwater quality? (#l, pg 7)
i) Substantial reduction in the amount of
groundwater othexwise available for
public water supplies? (#l, pg 7)
V. AIR QUALITY. Would the proposal:
pobentially
Sinificant
Pctentially UdeS LessThn
Significant Mitigation Significant No
Impact Incorporated Impact Impact
a) Violate any air quality standard or contribute to
an existing or projected air quality violation? (#l, pg
6) - -
b) Expose sensitive receptors to pollutants? (#l, pg 6) - -
c) Alter air movement, moisture, or temperature,
or cause any change in climate? (#1, pg 6)
d) Create objectionable odors? (#l, pg 6)
1-7
Issues (and suppaning IrlfarMtim source):
VI. TRANSPORTATION/CIRCULALATION.
Would the proposal result in:
Potentially
Sinificant
Potelltially UdeSS LespThan
Significant Mitigation Significant No
hpact lncorporad Impact m=t
Increased vehicle trips or Mic congestion? (#l, pg
8) - - -
Hazards to safety from design features
(e.g. sharp curves or dangerous intersections)
or incompatible uses (e.g. farm equipment)? (#l, pgs
8 & 9) - - -
Inadequate emergency access or access to
nearby uses? (#1, pgs 8 & 9) - - -
Insufficient parking capacity on-site or
off-site? (#l, pg 8)
Hazards or barriers for pedestrians or
bicyclists? (#l, pg 8)
Conflicts with adopted policies supporting
alternative transportation (e.g. bus turnouts,
bicycle racks)? (#l, pgs 8 & 9) - - -
Rail, waterborne or air traffic
impacts? (#l, pg 9)
VII. BIOLOGICAL RESOURCES.
Would the proposal result in impacts to:
a) Endangered, threatened or rare kies or their habitats (including but not limited to plants, fBh,
insects, animals, and birds? (#l, pg 7)
b) Locally designated species (e.g. heritage
tr=)? (#I, pg 7)
1-8 Rev. 1130/95
c) Locally designated natural communities
(e.g. oak forest, coastal habitat, etc.)? (#l, pg 7)
d) Wetland habitat (e.g. marsh, riparian and
vernal pool)? (#l, pg 7)
e) Wildlife dispersal or migration
corridors? (#l, pg 7)
Vm. ENERGY AND MINERAL RESOURCES.
Would the proposal:
Conflict with adopted energy conservation
Plans? w1, pg 7)
Use non-renewable resources in a wasteful and
inefficient manner? (#l, pg 7)
Result in the loss of availability of a known
mineral resource that would be of future value
to the region and the residents of the State? (#l, pg
7)
IX. HAZARDS. Would the proposal involve:
A risk of accidental explosion or release of
hazardous substances (including, but not limited to:
oil, pesticides, chemicals or radiation? (#l, pg 8)
Possible interference with an eqergency
response plan OT emergency evacuation plan? (#l, pg
9)
The creation of any health hazard or
potential health hazard? (#l, pg 8)
Exposure of people to existing sources
of potential health hazards? (#l, pg 8)
X -
1-9 Rev. 1/3ops
e) Increase fire hazard in areas with flammable brush, grass, or trees? (#l, pg 8)
X. NOISE. Would the proposal result in:
a) Increases in existing noise levels? (#l, pg 8)
b) Exposure of people to severe noise
levels? (#l, pg 8)
XI. PUBLIC SERVICES. Would the proposal have an
effect upon, or result in a need for new or altered
government services in any of the following areas:
a) Fire protection? (#l, pg 8)
b) Police protection? (#l, pg 8)
c) Schools? (#l, pg 8)
d) Maintenance of public facilities, including
roads? (#l, pg 8)
e) Other governmental services? (#l, pg 8)
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 natd gas? (#l, pg 8)
b) Communications systems? (#l, pg 8)
I - 10 Rev. 1/30/95
c) Local or regional water treatment or distribution facilities? (#l, pg 8)
d) Sewer or septic tanks? (#l, pg 8)
e) Storm water drainage? (#l, pg 8)
9 Solid waste disposal? (My pg 8)
g) Local or regional water supplies? (#l, pg 8)
XIII. AESTHETICS. Would the proposal:
a) Affect a scenic vista or scenic highway? (#l, pg 9)
b) Have a demonstrable negative aesthetic effect? (#l, pg 9)
c) Create light or glare? (#l, pg 8)
XIV. CULTURAL RESOURCES. Would the proposal:
Disturb paleontological resources? (#ly pg 7)
Disturb archaeological resources? (#l, pg 7)
Affect historical resources? (#l, pg 7)
Have the potential to cause a physical change
which would affect unique ethnic cultural
values? (#l, pg 7)
Restrict existing religious or sacred uses
within the potential impact area? (#l, pg 7)
I- 11
XV. RECREATION. Wouldtheproposal:
a) Increase the demand for neighborhood or regional parks or other recreational facilities? (#l, pg
9) - -
b) Affect existing recreational opportunities? (#l, pg 9) - -
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 wild life species, cause a
fish or wildlife population to drop below
self-sustaining levels, threaten to eljminate 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 mnt projects, - X and the effects of probable future projects) - - -
c) Does the project have environmental effects which
will cause substantial adverse effects on human
X beings, either directly or indirectly? - - - -
I- 12 Rev. 1/30/95
XVII. EARLIER ANALYSES.
Reference #l -
Earlier analyses has been conducted on the project site and involved the potential impacts of this proposal.
The analysis can be found in the Negative Declaration for Aviara Planning Area 12 (CT 89-39/PUD 89-
19), dated July 5, 1990 and on file in the City of Carlsbad Planning Department. The potential impacts
addressed in this earlier analysis included land use and planning, population and housing, geological
problem, water, air quality, transportation/circulation, biological resources, energy and mineral resources,
hazards, noise, public services, utilities and service systems, aesthetics, cultural resources, recreation, and
mandatory findings of significance. Mitigation measures for noise impacts from Alga Road in the form of
noise walls and internal mechanical ventilation were needed and incorporated into the Negative
Declaration. These mitigation measures have already been incorporated into the proposed project and,
therefore, no additional mitigation measures are needed.
a
I- 13 Rev. 1/30/95
-
DISCUSS ION OF ENVIRONMENTAL EVALUATION
.
I- 14
-
LIST MITIGATING MEASURES (IF APPLICABLE)
ATTACH MITIGATION MONITO RING PROGRAM (IF APPLICABLE)
I- 15
APPLIC NT CON
THIS IS To CER'XWY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES
AND CONCUR WITH THE ADDITION OF THESE MEASURES TO THE PROJECT.
Date Signature
1.- 16 Rev. 1/30/95
1 BACKGROUND DATA SHEET
CASE NO: MP 177(L)/LCPA 95-13/CT 89-39(A)/PUD 89-1XA)
CASE NAME: Mar= - Aviara Planning Area 12
APPLICANT: Chance Develmment
REQUEST AND LOCATION: Development of a 101 unit clustered. single family condominium air-smce
subdivision within Aviara Plannine Area 12. located on the south side of Alga Road. between Black Rail Court
and Blue Heron Way. in Local Facilities Management Zone 19.
LEGAL DESCRIPTION Lot 230 of Carlsbad Tract 83-35. Aviara Phase I Unit ”D”, . in the City of Carlsbad,
County of San DiePo. State of California according to Mat, No. 12412, filed in the Office of the County
Recorder June 29. 1989.
APN: 215-612-10 Acres 18.2 Proposed No. of Lots/Units 21 lots. 101 units
(Assessor’s Parcel Number)
GENERAL PLAN AND ZONING
Land Use Designation Residential - Medium Density (RM)
Density Allowed 4.0 - 8.0 ddac Density Proposed 5.5 ddac
Existing Zone P-C Proposed Zone N/A
Surrounding zoning and Land Use: (See attached for information on Carlsbad’s Zoning Requirements)
zoning
Site P-c
Land Use
Vacant residential pad
North P-c Information and Sales center
south P-c
East P-c
West P-c
Open Space and Golf Course
Destination Resort Hotel
Open Space and Golf Course
PUBLIC FACILITIES
School District Carlsbad Water District Carlsbad Sewer District Carlsbad
Equivalent Dwelling Units (Sewer Capacity) 101
Public Facilities Fee Agreement, dated 4
ENVIRONMENTAL IMPACT ASSESSMENT
Negative Declaration, issued
Certified Environmental Impact Report, dated
- X Other, Notice of Prior Environmental ComDliance MWLf
- 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:
LOCAL FACILITY MANAGEMENT ZONE: 19 GENERAL PLAN: RM
ZONING: P-c
DEVELOPERS NAME: Chanco DeveloDment Corn.
ADDRESS: 27611 La Paz Road. Laguna Nicruel. CA 92607
MP 177(L)/LCPA 95-13lCT 89-39(A)/PUD 89-19(A) - Marea - Aviara
Planning Area 12
PHONE NO.: (714) 643-7553 ASSESSOR'S PARCEL NO.: 215-612-10
QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): 18.2
ESTIMATED COMPLETION DATE: December. 1996
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
City Administrative Facilities: Demand in Square Footage = 351.1 sa. ft.
Library: Demand in Square Footage = 187.3 sa. ft.
Wastewater Treatment Capacity (Calculate with J. Sewer)
Park Demand in Acreage = 0.7 acre
Drainage: Demand in CFS = NIA
Identify Drainage Basin = NIA
101 EDU
(Identify master plan facilities on site plan)
Circulation: Demand in ADTs =
(Identify Trip Distributidn on site plan)
Fire: Served by Fire Station No. = 2&4
Open Space: Acreage provided - 4.54 acres
Schools : NIA
(Demands to be determined by staff)
Sewer: Demand in EDUs - 101 EDU
1.010 ADT
Identify Sub Basin - NIA
Water: DemandinGPD - 22220 GPD
The project is 216 units below the Growth Management Dwelling Unit allowance. MG:kr
DISCLOSURE STATEMENT
?/ease Pnnt)
The followmg information must be disclosed:
1. Amlicant
List the names and addresses of all persons having a financial interest in the application,
2.
3.
Kevin Lee
1465 State Hiqhway 31
Annandale, New Jersey 08801
David G. Gutierrez
209 Avenida Del Mar
Suite 204
San Clemente, Ca. 92672
Owner
List the names and addresses of all persons having any ownership interest in the propeq involved.
Kevin Lee Aviara Land Associates Limited
1465 State Hiqhway 31 Partnership
Annandale, New Jersey 08801 2011 Palomar Airport Road
David G. Gutierrez Suite 206
m9 A venida Dei Mar, Suite 204 Carlsbad, Ca. 92009
San Llernente, La. YL~/L
If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names am
addresses of all individuals owning more than 10% of the shares in the corporation of owning any pannersni?
Interest in the partnership.
If any person identinad punuant to (1) or (2) above is a non-profit organization or a trust, list the names and
addresses of any person serving a3 officer or director of the non-profit organization or as trustee or beneficiary
of the trust.
FRM00013 8/90
2075 Las Palmas Drive * Carlsbad. California 92009-4859 (619) 438-1 161
I-- -
Disclosure Statement
1
'Over)
Page 2
5. Have you had mcre than 5250 worth of business transacted with any member of city staff, 3carzz
Commissions, Committees and Councll within the past twelve months?
Yes - No if yes. please indicate person(s)
(NOTE: Attach additional pages as necessary.)
Aviara Land Associates Limited Partnership Chanco Development Corporation - Ea st
Print or rype name of owner Print or type name of applicant Highlands
c
FRM00013 8/90