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HomeMy WebLinkAboutPUD 94-02A; Sea Country at Aviara; Planned Unit Development - Non-Residential (PUD) (4)NOTICE OF COMPLETIC^ Mail to: State Clearinghouse, 1400 TeiSRtreet, Room 121, Sacramento, CA 95814 - (91b) 4Wj Project Title: SEA COUNTRY HOMES - PUD 94-02(A) Lead Agency: CITY OF CARLSBAD Contact Person: Elaine Blackburn Street Address: 2075 LAS PALMAS DRIVE Phone: (6 19) 438- 11 61 extension 4471 City: CARLSBAD Zip: 92009 County: SAN DIEGO See NOTE Below: SCH# PROJECT LOCATION: County: San Diego City/Nearest Community: Carlsbad Cross Streets: Black Rail Court Total Acres: 7.09 Assessor's Parcel No. 215-612-20 Section: Twp. Range: Base:. Within 2 Miles: State Hwy #: Waterways: Airports: McClellan/Palomar Railways: AT&SF Schools: DOCUMENT WPE- CEQA: rj NOP ^ Supplement/Subsequent rj Early Cons [J EIR (Prior SCH No.) rj NegDec Q Other: [j Draft EIR NEPA:[J NOI D EA ' [J Draft EIS [] FONSI OTHER: fj Joint Document Q Final Document fj Other: LOCAL ACTION TYPE: Q] General Plan Update Q General Plan Amendment fj General Plan Element Q~] Community Plan [j Specific Plan Q Master Plan Q~] Planned Unit Development [J Site Plan Rezone Prezone Use Permit Land Division (Subdivision, Parcel Map, Tract Map, etc.) Annexation Redevelopment Coastal Permit Other: PUD Amendment DEVELOPMENT TYPE: g Residential: Units 51 fj Office: Sq. Ft. [J Commercial: Sq. Ft. Q Industrial: Sq. Ft. fj Educational: Q Recreational: Acres 7.09 Acres Acres Acres Employees Employees Employees D Q D D D D D Water Facilities: Transportation: Mining: Power: Waste Treatment: Hazardous Water: Other: Type MOD Tvoe Mineral Type Watts Tvoe Tvoe PROJECT ISSUES DISCUSSED IN DOCUMENT: fj Aesthetic/Visual Q] Flood Plain/Flooding Q Agricultural Land Q Forest Land/Fire Hazard g] Air Quality Q Archaeological/Historical Q Coastal Zone Q Drainage/Absorption fj] Economic/Jobs r Fiscal Q Geological/Seismic PJ] Minerals fj] Noise Q] Population/Housing Balance fj] Public Services/Facilities fj Recreation/Parks Schools/Universities Septic Systems Sewer Capacity Soil Erosion/Compaction/Grading Solid Waste Toxic/Hazardous Traffic/Circulation Vegetation Water Quality Water Supply/ Ground Water Wetland/Riparian Wildlife Growth Inducing Land Use Cumulative Effect Other: Present Land Use/Zoning/General Plan Use Undeveloped / PC / Residential - Medium Density Project Description: An amendment to an approved PUD for 54 residential units with gated entry and recreation area; amendment will reduce number of units to 51 and will re-orient some units and a private drive. NOTE: Clearinghouse will assign identification numbers for all new projects. If a SCH number already exists for a project (i.e., from a Notice of Preparation or previous draft document) please fill it in. Revised October 1989 City of Carlsbad Planning Department 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:Sea Country Homes - PUD 94-02(A) Project Location: the Southern terminus of Black Rail Court Project Description: An amendment to an approved 54-unit multifamily project with gated entry and recreation area. The amendment will reduce the number of units to 51 and reorient some units and a private drive. 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 ten (10) days of date of publication. DATED:JUNE 5,1996 CASE NO: PUD 94-02(A) CASE NAME: SEA COUNTRY HOMES PUBLISH DATE: JUNE 5,1996 /^ MICHAEL j. HOLZMILLER p Planning Director 2O75 Las Palmas Dr. - Carlsbad, CA 92OO9-1576 - (619) 438-1161 - FAX (619) 438-O894 ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: PUD 94-02(70 DATE: May 24. 1996 BACKGROUND 1. 2. 3. 4. 5. CASE NAME: Sea Country Homes APPLICANT: Sea Country Homes. Inc. (Al Moreno) ADDRESS AND PHONE NUMBER OF APPLICANT: 95 Argonaut. Suite 210. Aliso Vieio. CA 92656. (714) 452-1180 DATE EIA FORM PART I SUBMITTED: April 12. 1996 PROJECT DESCRIPTON: An amendment to an approved PUD for 54 multifamily units with gated entry and recreation area. The proposed amendment will reduce the number of units to 51 and will reorient some of the units. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" as indicated by the checklist on the following pages. | | Land Use and Planning | | Population and Housing | | Geological Problems Q Water M Air Quality |^| Transportation/Circulation | | Public Services | | Biological Resources | | Utilities & Service Systems | | Energy & Mineral Resources | | Aesthetics | | Hazards | | Cultural Resources | [ Noise | | Recreation | | Mandatory Findings of Significance Rev. 03/28/96 DETERMINATION. (To be completed by the Lead Agency) | | I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. |~~| I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. [~] I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. | | I find that the proposed project MAY have significant effect(s) on the environment, but at least one potentially significant effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An is required, but it must analyze only the effects that remain to be addressed. ^ I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier Master Environmental Review (MEIR 93-01) and Project Negative Declaration (CT 94-03) pursuant to applicable standards and (b) have been voided or mitigated pursuant to that earlier Master Environmental Review (MEIR 93-01), including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. Pinner Signature ' Date Planning DirectorVSignatfoe Date Rev. 03/28/96 ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. • A brief explanation is required for all answers except "No Impact" answers that are adequately supported by an information source cited in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A "No Impact" answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. • "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 Significant Impact." The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. • "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 all potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). • 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. • A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. Rev. 03/28/96 • If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are mitigation measures to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate "Potentially Significant Impact Unless Mitigation Incorporated" may be checked and a Mitigated Negative Declaration may be prepared. • An EIR must be prepared if "Potentially Significant Impact" is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than significant; (2) a "Statement of Overriding Considerations" for the significant impact has not been made pursuant to an earlier EIR; (3) proposed mitigation measures do not reduce the impact to less than significant, or; (4) through the EIA-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. Rev. 03/28/96 Issues (and Supporting Information Sources). I LAND USE AND PLANNING. Would the proposal:. a) Conflict with general plan designation or zoning? (Source #(s): (#2:Pg 8 ) b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (#2:Pg 8) c) Be incompatible with existing land use in the vicinity? (#2:Pg 8) d) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses? (#2:Pg 7 ) e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? () Potentially Significant Impact n n Potentially Significant Unless Mitigation Incorporated n n D O Less Than Significan t Impact No Impact n n n II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? (#2: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)? (#2:Pg 8 ) c) Displace existing housing, especially affordable housing? () n n n n n III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? (#l:Pg 5.1-5; #2:Pgs 6-7) b) Seismic ground shaking? (#l:Pg 5.1-12; #2:Pgs 6-7) c) Seismic ground failure, including liquefaction? (#l:Pg 5.1-12;#2:Pgs6-7) d) Seiche, tsunami, or volcanic hazard? (# 1 :Pg 5.1 -9) e) Landslides or mudflows? (#l:Pg 5.1-11; #2:Pgs 6-7) f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (#2:Pgs 6- 7) g) Subsidence of the land? (#l:Pg 5.1-11; #2:Pgs 6-7) h) Expansive soils? (#2:Pgs 6-7) i) Unique geologic or physical features? (#2:Pgs 6-7 ) D D D D D D n nn n nn n nnn IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? (#2:Pg 6) b) Exposure of people or property to water related hazards such as flooding? ( #2:Pg 6) c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? (#2:Pg 6 ) D D D D D D Rev. 03/28/96 Issues (and Supporting Information Sources). d) Changes in the amount of surface water in any water body? (#2:Pg 6) e) Changes in currents, or the course or direction of water movements? (#2:Pg 6) f) Changes in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? ( #2:Pg 6) g) Altered direction or rate of flow of groundwater? (#2:Pg6) h) Impacts to groundwater quality? (#2:Pg 6 ) i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (#2:Pg 6) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? (#l:Pg 5.3- 4) b) Expose sensitive receptors to pollutants? (#l:Pg 5.3-4) c) Alter air movement, moisture, or temperature, or cause any change in climate? (#2:Pg 6 ) d) Create objectionable odors? (#2:Pg 6 ) VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? (#l:Pg 5.7-10) b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (#2:Pg 9 ) c) Inadequate emergency access or access to nearby uses? (#2:Pg 9) d) Insufficient parking capacity on-site or off-site? (#2:Pg 8) e) Hazards or barriers for pedestrians or bicyclists? (#2:Pg 9) f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? (#2:Pg 9) g) Rail, waterborne or air traffic impacts? (#2:Pg 9 ) VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? (#2:Pgs 7, 8 ) b) Locally designated species (e.g. heritage trees)? (#2:Pgs 7, 8) c) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (#2:Pgs 7, 8 ) d) Wetland habitat (e.g. marsh, riparian and vernal pool)? Potentially Significant Impact D n n nn n nn n a a a a a a a a a Potentially Significant Unless Mitigation Incorporated n n n Less Than Significan t Impact No Impact aa a a a a a a a a a a a a aa n n n a E a IE a E a E a E Rev. 03/28/96 Issues (and Supporting Information Sources). (#2: Pgs 7, 8 ) e) Wildlife dispersal or migration corridors? (#2:Pg 7, 8 ) Potentially Significant Impact D Potentially Significant Unless Mitigation Incorporated n Less Than Significan t Impact n No Impact VIII. ENERGY AND MINERAL RESOURCES. Would the proposal? a) Conflict with adopted energy conservation plans? (#l:Pg 5.12.1 and 5.13.1) b) Use non-renewable resources in a wasteful and inefficient manner? (#l:Pg 5.12.1-4) c) 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 5.13-5) n n n n IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? (#2:Pg 8 ) b) Possible interference with an emergency response plan or emergency evacuation plan? (#2:Pg 9 ) c) The creation of any health hazard or potential health hazards? ( #2:Pg 8) d) Exposure of people to existing sources of potential health hazards? (#2:Pg 8 ) e) Increase fire hazard in areas with flammable brush, grass, or trees? (#2:Pg 8 ) D n n n n n n n n n X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (#2:Pg 8 ) b) Exposure of people to severe noise levels? (#2:Pg 8 ) Dn nn nn XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? (#1 :Pg 5.12.5-3) b) Police protection? (#l:Pg 5.12.6-2) c) Schools? (#l:Pg 5.12.7.4) d) Maintenance of public facilities, including roads? (#2:Pg 8 ) e) Other governmental services? (#l:Pg 5.12.3-3; Pg 5.12.4-1) nnnn nn n nn XII. UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? (#l:Pg 5.12.3-3; Pg 5.12.4-1) b) Communications systems? (#2:Pg 8 ) c) Local or regional water treatment or distribution facilities? (#l:Pg 5.12.2-5) Dn nn n E Rev. 03/28/96 Issues (and Supporting Information Sources). d) Sewer or septic tanks? (#1 :Pg 5.12.3-4) e) Storm water drainage? (# 1 :Pg 5.2-8) 0 Solid waste disposal? (#l:Pg 5.12.4-2) g) Local or regional water supplies? (#1 :Pg 5.12.2-5) Potentially Significant Impact D Potentially Significant Unless Mitigation Incorporated D D Less Than Significan t Impact D D D No Impact XIII. AESTHETICS. Would the proposal: a) Affect a scenic or vista or scenic highway? (#2:Pg 9 ) I—I i—i i—I b) Have a demonstrate negative aesthetic effect? (#2:Pgs I—I I—I I—I6,9) LJ LJ LJ c) Create light or glare? (#2:Pg 8.) I—II—11—I XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? (#2:Pg 7 ) b) Disturb archaeological resources? (#2:Pg 7) c) Affect historical resources? (#2:Pg 7 ) d) Have the potential to cause a physical change which would affect unique ethnic cultural values? (#2:Pg 7 ) e) Restrict existing religious or sacred uses within the potential impact area? (#2:Pg 7 ) D D D D D D n XV. RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (#l:Pg 5.13.8-5) b) Affect existing recreational opportunities? (#2:Pg 9 ) D D D XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the. project have environmental effects which will cause the substantial adverse effects on human beings, either directly or indirectly? D D D D Rev. 03/28/96 XVII. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the project. Rev. 03/28/96 DISCUSSION OF ENVIRONMENTAL EVALUATION I. PROJECT DESCRIPTION/ENVIRONMENTAL SETTING The proposed project is an amendment to an approved PUD development for 54 multifamily units with gated entry and recreation area. The amendment would reduce the number of units from 54 to 51, and would reorient some of the units on the lots and one of the private drives. II. ENVIRONMENTAL ANALYSIS A. Non-Relevant Items 1. Land Use and Planning The proposed amendment will not result in any conflict with the General Plan designation or zoning or any environmental plans or policies. The project involves only site design changes. The use will remain multifamily as originally approved. There will also be no incompatibility as a result of the amendment. The site is not currently used for agricultural operations. There is no existing established community. 2. Population and Housing The proposed amendment will not result in unanticipated growth and will not displace existing housing. The amendment will reduce the number of dwelling units by 3 from the previously approved project. 3. Geologic Problems The proposed amendment involves relatively minor changes to an approved site plan. There is no significant change to the building pads. The mass grading for the site has been completed in compliance with the previously approved Tentative Map. The finish grading will be required to be substantially in conformance with the approved exhibits for the project. B. Environmental Impact Discussion 5. Air Quality The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfur, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a "non-attainment basin", any additional air emissions are considered cumulatively significant: therefore, continued development to buildout as proposed in the updated General Plan will have cumulative significant impacts on the air quality of the region. To lessen or minimize the impact on air quality associated with General Plan buildout, a variety of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions 10 Rev. 03/28/96 for roadway and intersection improvements prior to or concurrent with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Operation-related emissions are considered cumulatively significant because the project is located within a "non-attainment basin", therefore, the "Initial Study" checklist is marked "Potentially Significant Impact". This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for air quality impacts. This "Statement Of Overriding Considerations" applies to all subsequent projects covered by the General Plan's Final Master EIR, including this project, therefore, no further environmental review of air quality impacts is required. This document is available at the Planning Department. 6. Transportation/Circulation The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all freeway interchange areas and major intersections along Carlsbad Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected to fail the City's adopted Growth Management performance standards at buildout. To lessen or minimize the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Final Master EIR. These include measures to ensure the provision of circulation facilities concurrent with need; 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Regional related circulation impacts are considered cumulatively significant because of the failure of intersections at buildout of the General Plan due to regional through-traffic, therefore, the "Initial Study" checklist is marked "Potentially Significant Impact". This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the recent certification of Final Master EIR 93-01, by City Council Resolution No. 94-246, included a "Statement Of Overriding Considerations" for circulation impacts. This "Statement Of Overriding Considerations" applies to all subsequent projects covered by the General Plan's Master EIR, including this project, therefore, no further environmental review of circulation impacts is required. 11 Rev. 03/28/96 III. EARLIER ANALYSES USED The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 2075 Las Palmas Drive, Carlsbad, California, 92009, (619) 43 8-1161, extension 4471. 1. Final Master Environmental Impact Report for the City of Carlsbad General Plan Update (MEIR 93-01), dated March 1994, City of Carlsbad Planning Department. 2. Environmental Impact Assessment Part II (amended) for CT 94-03/PUD 94-02, dated December 13,1994, City of Carlsbad Planning Department. 12 Rev. 03/28/96 'STATE OF CALIFORNIA-THE RESOURCES AGENCY DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEE CASH RECEIPT DFG 753.5a (6-91) Lead Agency: County/State Agency of Iflling: Project Title: Project Applicant Name: V\3O tyH~ 07-CAj Project Applicant Address: Project Applicant (check appropriate box): Local Public Agency | | Scl State Agency [j CHECK APPLICABLE FEES: ( ) Environmental Impact Report (^£ Negative Declaration ( ) Application Fee Water Diversion (State Water Resources Control Board Only) ( ) Projects Subject to Certified Regulatory Programs ( ) County Administrative Fee |SQ Project that is exempt from fees Signature anti-title of person receiving payment: Other Special District | | Private Entity I I 1ST COPY-PROJECT APPLICANT SECOND COPY-DFG/FASB $850.00 $1,250.00 $850.00 $850.00 $25.00 EIVED $ $ $ $ $ $ „ o- «•• _,_— THIRD '-LEAD AGENCY FOUFTTH COPY-COUNTY/STATE AGENCY OF FILING Notice of Determination 84 8 To:Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 From: City of Carlsbad Planning Depart: _ 2075 Las Palm County Clerk County of San Diego, Attn: MITA AUG 1 6 PO Box 1750 San Diego, CA 92112-4147 BY (619)438-116 DSPU Project No: PI Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. SEA COUNTRY AT AVIARA Project Title ~~~ City of Carlsbad, Elaine Blackburn (619) 438-1161 ext.4471 State Clearinghouse No. Lead Agency, Contact Person Telephone Number Southern end of Black Rail Court, City of Carlsbad, San Diego County Project Locations (include County) Project Description: An amendment to an approved PUD for 54 multifamily units with gated entry and recreation area. The proposed amendment will reduce the number of units to 51 and will reorient some of the units. This is to advise that the City, of Carlsbad has approved the above described project on August 6, 1996, and has made the following determination regarding the above described project. 1. 2. 3. 4. 5. The project will not have a significant effect on the environment [XI This project was reviewed previously and a Negative Declaration was prepared pursuant to the provisions of CEQA. Mitigation measures were not made a condition of the approval of the project. A statement of Overriding Considerations was not adopted for this project. Findings were made pursuant to the provisions of CEQA. This is to certify that a Prior Environmental Compliance with comments and responses and record of project appro^aUs available/?) the General Public at THE CITY OF CARLSBAD. MICHAEL J. H0LZMILLE&, Planning Director Date received for filing at OPR: Date IJf TH1 OFFICE OF THE COTTIfTY CL1&K, OOTOTY OW EB f 1S> T 0 OH S££.ll vd Revised'October 1989 CALIFORNIA DEPARTMENT OF FISH AND GAME PO BOX 944209 SACRAMENTO CA 94244-2090 CERTIFICATION OF FEE EXEMPTION De Minimis Impact Finding Project Title/Location (Include County): Sea Country At Aviara - PUD 94-02(A) Southern end of Black Rail Court, City of Carlsbad, County of San Diego Name and Address of Applicant: Sea Country Homes, Attn: Al Moreno 95 Argonaut, Suite 210, Aliso Viejo, CA 92656 Project Description: An amendment to an approved PUD for 54 multifamily units with gated entry and recreation area. The amendment will reduce the number of units to 51 and will reorient some of the units. Findings of Exemption (attach as necessary): 1. The City of Carlsbad Planning Department has completed an Environmental Initial Study for the above referenced property, including evaluation of the proposed project's potential for adverse environmental impacts on fish and wildlife resources. 2. Based on the complete Environmental Initial Study, the City of Carlsbad Planning Department finds that the proposed project will not encroach upon wildlife habitat area, will have no potential adverse individual or cumulative effects on wildlife resources, and requires no mitigation measures to be incorporated into the proposed project which would affect fish or wildlife. Certification: I hereby certify that the public agency has made the above finding and that the project will not individually or cumulatively have no adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. EB:kr MICHAEL J. HO Planning Director Lead Agency: CITY OF CARLSBAD Date: Section 711,4, Fish and Game Code DrTr 1/91 City of Carlsbad Planning Department 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: Sea Country Homes - PUD 94-02(A) Project Location: the Southern terminus of Black Rail Court Project Description: An amendment to an approved 54-unit multifamily project with gated entry and recreation area. The amendment will reduce the number of units to 51 and reorient some units and a private drive. 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 ten (10) days of date of publication. DATED: CASE NO: CASE NAME: JUNE 5, 1996 PUD 94-02(A) SEA COUNTRY HOMES PUBLISH DATE: JUNE 5, 1996 MICHAEL J. HOLZMILLER Planning Director 2O75 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (619) 438-1161 • FAX (619) 438-0894 ~— «^ City of Carlsbad Planning Department NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, July 3, 1996, to consider a request for approval of an amendment to an approved PUD (PUD 94-02) for a multifamily development on property generally located within the Aviara Master Plan (Planning Area 15) at the southern end of Black Rail Court in the PC Zone and within Local Facilities Management Zone 19, and more particularly described as: Parcel 6 of Parcel Map No. 16451, filed in the Office of the County Recorder of San Diego County on April 15, 1991, in the City of Carlsbad, State of California Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after June 26, 1996. If you have any questions, please call Elaine Blackburn in the Planning Department at (619) 438-1161, extension 4471. The time within which you may judicially challenge this Planned Unit Development Amendment, if approved, is established by state law and/or city ordinance, and is very short. If you challenge the Planned Unit Development Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: CASE NAME: PUBLISH: PUD 94-02(A) SEA COUNTRY AT AVIARA JUNE 21, 1996 CITY OF CARLSBAD PLANNING DEPARTMENT EB:bk 2075 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (619) 438-1161 • FAX (619) 438-O894 ® ELAINE BLACKBURN PLANNING NOTICE OF PUBLIC HEARING PUD 94-2 (A) - SEA COUNTRY AT AVIARA NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 P.M., on Tuesday, August 6, 1996, to consider an application for an amendment to a previously approved Planned Unit Development (PUD 94-2) for a multi-family development to: 1.) reduce the number of units from 54 to 51; 2.) reorient one private driveway and some of the units; 3.) increase the total recreation area; and 4.) add thirteen single story units, on property generally located within the Aviara Master Plan (Planning Area 15), at the southern end of Black Rail Court, in the PC Zone, within Local Facilities Management Zone 19, and more particularly described as: Parcel 6 of Parcel Map No. 16451, filed in the Office of the County Recorder of San Diego County, on April 15, 1991. If you have any questions regarding this matter, please contact Elaine Blackburn in the Planning Department, at (619) 438-1161 extension 4471. If you challenge the amendment to the Planned Unit Development in court, you may be limited to raising only those issues raised by you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad City Clerk's Office at, or prior to, the public hearing. APPLICANT: Sea Country Homes, Inc. PUBLISH: July 27, 1996 CARLSBAD CITY COUNCIL ARPORT IIIIIIIIIIM Illllltllla •II RD BAHQCITOS LAGOON "coir* SEA COUNTRY AT AVIARA PUD 94-02(A) PUBLICATTOIPROOF OF PUBLICATION (2010& 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, under the dates of June 30, 1989 (Blade-Citizen) and June 21, 1974 (Times- Advocate) case number 171349 (Blade-Citizen) and case number 172171 (The Times-Advocate) for the cities of Escondido, Oceanside, Carlsbad, Solana Beach and the North County Judicial District; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: June 21, 1996 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at California, this of June^ 1996 21st _day NORTH COUNTY TIMES Legal Advertising This space is foTthe County Clerk's Filing Stamp Proof of Publication of Notice of Public Hearing Tr__ NOTICE OF PUBLIC HEARING NQIICE !S HEREBY GIVEN to you, because your interest may •Hoe-affected, that the Planning Commission of the City of Carls->Mbad will hold a public hearing at the Council Chambers, 1200 ''•Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on"; 'Wednesday, July 3, 1996, to consider a request for approval of'"an amendment to an approved PUD (PUD 94-02) for a multi- T family development on property generally located within the,.,',Avjara Master Plan (Planning Area 15) at the southern end of .i, Black Rail Court in the PC Zone and within Local Facilities Man- .! • agement Zone 19, and more particularly described as:•=. Parcel 6 of Parcel Map No. 16451, filed in the Office of the Coun- •'•ty Recorder of San Diego County on April 15,1991 in the City of "! • Carlsbad, State of California.~t Those persons wishing to speak on this proposal are cordially 5; incited to attend the public hearing. Copies of the staff report willj, be available on and after June 26,1996. If you have any ques- <-lions, please call Elaine Blackburn in the Planning Department' 'j-at(619) 438-1161-, ext. 4471.ti • The time within which you may judicially challenge this Planned•*' Unit Development Amendment, if approved, is established byt' state law and/or city ordinance, and is very short. If you chal-1, lerjge the Planned Unit Development Amendment in court, you:, may be limited to raising only those issues you or someone else 1 raised at the public hearing described in this notice or in written 1 • correspondence delivered to the City of Carlsbad at or prior to ^'the public hearing.•CASE FILE: ''CASE NAME:SEA COUNTRY AT AVIARA *",'Cl!TY OF CARLSBAD PLANNING COMMISSION »•»•f •»; SEA COUNTRY AT AVIARA PUD 94-02(A) Legal 4J198 June 21,1996 PUBLICATTONPROOF OF I (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, under the dates of June 30,1989 (Blade-Citizen) and June 21,1974 (Times- Advocate) case number 171349 (Blade-Citizen) and case number 172171 (The Times-Advocate) for the cities of Escondido, Oceanside, Carlsbad, Solana Beach and the North County Judicial District; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: June 21, 1996 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at California, this Of .Tiii-i,^ VC< _day NORTH COUNTY TIMES Legal Advertising This space is for the County ClenVsJEiliogStamp Proof of Publication of ng -NOJICE IS HEREBY GIVEN to you, oe^uo^,,—*"bfi^ffected, that the Planning Commission of the City of Cai tibad will hold a public hearing at the Council Chambers, 12 ^ 'Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. un* -Wednesday, July 3,1996, to consider a request for approval of1'an amendment to an approved PUD (PUD 94-02) for a multi- 2'family development on property generally located within the 'Avlara Master Plan (Planning Area 15) at the southern end of ',Bl4ck Rail Court in the PC Zone and within Local Facilities Man- .agement Zone 19, and more particularly described as:tParcel 6 of Parcel Map No. 16451, filed in the Office of the Coun- >ty Recorder of San Diego County on April 15,1991 in the City of •Carlsbad, State of California.'Those persons wishing to speak on this proposal are cordially " invited to attend the public hearing. Copies of the staff report will , be. available on and after June 26,1996. If you have any ques-: .tions, please call Elaine Blackburn in the Planning Department .at (619) 438-1161,ext. 4471.•The time within which you may judicially challenge this Planned •Unit Development Amendment, if approved, is established by' state law and/or city ordinance, and is very short. If you <!hal- Merige the Planned Unit Development Amendment in court, you ',may be limited to raising only those issues you or someone else.raised at the public hearing described in this notice or in written = correspondence delivered to the City of Carlsbad at or prior to • the public hearing.' CASE FILE: PUD 94-02(A)CASE NAME: SEA COUNTRY AT AVIARA 'i .CITY OF CARLSBAD PLANNING COMMISSION ' — ••* SEA COUNTRY AT AVIARA PUD 94-02(A) Legal*4ft98June21,1996 PROOF OF PUBLI^TION (2010& 2011 CxJp.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, under the dates of June 30, 1989 (Blade-Citizen) and June 21, 1974 (Times- Advocate) case number 171349 (Blade-Citizen) and case number 172171 (The Times-Advocate) for the cities of Escondido, Oceanside, Carlsbad, Solana Beach and the North County Judicial District; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: June 5, 1996 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at California, this of June, 1996 5th / Signature NORTH COUNTY TIMES Legal Advertising This space^^Dr the County Clerk's Filing Stamp Proof of Publication of Public Notice PUBLIC NOTICE OF PRIOR ENVIRONMENTAL COMPLIANCE Please Take Notice: tThe Planning Department has determined that the envirohmen- , tal effects of the project described below have already been -considered in conjunction with previously certified environmen- tal documents and, therefore, no additional environmental'review will be required and a notice of determination will be filed.Project Title: Sea Country Homes - PUD 94-02(A) Project Location: the .Southern terminus of Black Rail CourtProject Description: An amendment to an approved 54-unit mul- tifamily project with gated entry and recreation area. Theamendment will reduce the number of units to 51 and reorientsome units and a private drive. Justification for this determination is on file in the Planning De- partment, Community Development, 2075 Las Palmas Drive,Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning De-partment within ten (10) days of date of publication,bated: June 5,1996 CASE NO: PUD 94-02(A)CASE NAME: SEA COUNTRY HOMESIs/Gary E. Wayne for Michael J. Holzmiller, Planning Director Legal 47032 June 5,1996 TIONPROOF OF PUBL (2010& 2011 C STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, under the dates of June 30, 1989 (Blade-Citizen) and June 21, 1974 (Times- Advocate) case number 171349 (Blade-Citizen) and case number 172171 (The Times-Advocate) for the cities of Escondido, Oceanside, Carlsbad, Solana Beach and the North County Judicial District; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: June 5, 1996 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at California, this of June, 1996 5th _day / Signature NORTH COUNTY TIMES Legal Advertising This space^br the County Clerk's Filing Stamp Proof of Publication of Public Notice PUBLIC NOTICE OF PRIOR ENVIRONMENTAL COMPLIANCE Please Take Notice: The Planning Department has determined that the environmen-tal effects of the project described below have already been considered in conjunction with previously certified environmen-tal documents and, therefore, no additional environmental review will be required and a notice of determination will be filed.Project Title. Sea Country Homes - PUD 94-02(A) Project Location: the Southern terminus of Black Rail CourtProject Description: An amendment to an approved 54-unit mul-tifamily project with gated entry and recreation area. The amendment will reduce the number of units to 51 and reorientsome units and a private drive. Justification for this determination is on file in the Planning De-partment, Community Development, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public areinvited. Pjease submit comments in writing to the Planning De-partment within ten (10) days of date of publication.Dated: June 5,1996 CASE NO: PUD 94-02(A) CASE NAME: SEA COUNTRY HOMES/s/Gary E. Wayne for Michael J. Holzmiller, Planning Director J.egaU7032 June 5.1996 _ ^ City of Carlsbad Planning Department 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:Sea Country Homes - PUD 94-02(A) Project Location: the Southern terminus of Black Rail Court Project Description: An amendment to an approved 54-unit multifamily project with gated entry and recreation area. The amendment will reduce the number of units to 51 and reorient some units and a private drive. 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 ten (10) days of date of publication. DATED: CASE NO: JUNE 5, 1996 PUD 94-02(A) CASE NAME: SEA COUNTRY HOMES PUBLISH DATE: JUNE 5, 1996 J. HOLZMILLER Planning Director 2O75 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (619) 438-1161 • FAX (619) 438-0894