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Home My WebLink About1999-05-05; Planning Commission; ; MP 177BB - AVIARA PHASE III,,,..-.,,, I "'""'. . ...,, 'fhe City of Carlsbad Planmng Department A REPORT TO THE PLANNING COMMISSION P.C. AGENDA OF: May 5, 1999 Item No.@ Application complete date: February 24, 1999 Project Planner: Van Lynch Project Engineer: Bob Wojcik SUBJECT: MP 177 (BB) -A VIARA PHASE III -Request for a minor master plan amendment to allow two separate master homeowner associations within the Aviara Master Plan located in Local Facilities Management Zone 19. I. RECOMMENDATION That the Planning Commission determine that the proposed master plan amendment be minor in nature and ADOPT Planning Commission Resolution No. 4542, APPROVING MP 177(BB), based upon the findings and subject to the conditions contained therein. II. INTRODUCTION The proposed amendment to the text of the A viara Master Plan would create two separate, but parallel, master homeowner associations. Phases I and II of the A viara Master Plan would be regulated by the A viara Master Association and Phase III would be regulated by the A viara- Premier Collection Master Association. There are no modifications to development requirements or standards associated with this amendment. Staff has reviewed the proposal and has addressed all the issues related to the amendment of the A viara Master Plan to create two separate associations. III. PROJECT DESCRIPTION AND BACKGROUND The applicant, Brehm-Aviara III Development Associates, has requested an amendment to the A viara Master Plan to allow the creation of two master homeowner associations within the A viara Master Plan area. The A viara Master Association, A viara Land Associates and other owners of property within Phase III of the Aviara Master Plan, have been involved in negotiation of a settlement agreement to resolve the litigation over the legality of the Phase III annexation into the A viara Master Association. The essential term of the settlement is the deannexation of Phase III from the Master Association and the creation of a separate association to govern Phase III. The master plan currently requires that each phase of the A viara development annex into the master association. This amendment was placed on the Planning Commission agenda because Section 21.38.120 of the Carlsbad Municipal Code requires that a master plan amendment request be presented to the Planning Commission to determine the magnitude of the request. If the Commission determines the master plan amendment to be minor in nature, the additional text may be approved by the ,, . ., ,,..- \..,., MPl 77(BB) -AVIARA PHASE III May 5, 1999 Page 2 Planning Commission and made a part of the original City Council approval without the necessity of a public hearing. If the project is determined not to be minor, then planning staff will return the item as a public hearing item to the Planning Commission for a recommendation to the City Council for final action. The Aviara Master Plan required the establishment of a master homeowners' association to ensure the following: 1) the formation of a design review board for architectural and site plan review; and 2) the maintenance of facilities common to all planning areas. Such facilities include community trails, RV storage, entry monuments, open space lots, common slopes, fire suppression zones, and community walls. This is in addition to the facilities specific to each planning area and individually maintained by each planning area homeowners' association. As indicated in Table 1, page three, the proposed project ensures compliance with master plan provisions by providing maintenance for all facilities noted above. IV. ANALYSIS The project is subject to the following regulations and requirements: A. General Plan; B. Mello I Segment of the Local Coastal Program; C. Aviara Master Plan (MP-177); D. Planned Community Zone (PC) Section 21.38; and E. Growth Management Ordinance. The recommendation for approval for this project was developed by analyzing the project's consistency with the applicable regulations and policies. The project's compliance with each of the above regulations is discussed in detail in the sections below. A. General Plan When the A viara Master Plan was approved, the finding was made that the master plan implements the General Plan and was consistent with the goals, objectives, and policies of the General Plan. The finding was based on the fact that the master plan provides for the following: (1) the provision of the necessary circulation element roadway improvements; (2) the protection and enhancement of native vegetation and wetland areas; (3) the construction of public trails; (4) the provision of affordable housing within the Villa Loma development; and (5) compliance with the Local Facilities Management Plan Zone 19 for public facilities and services. Based on this implementation and consistency relationship between the A viara Master Plan and the General Plan, it can be assumed that if the Master Plan is amended, in text only, to create two separate master associations from one, it is also consistent with the General Plan. B. Local Coastal Program/Coastal Development Permit Planning Area 19 lies within the Mello I segment of the City's Coastal Zone and is subject to the corresponding land use policies and implementing ordinances. The implementing ordinances for those portions of the Mello I segment within A viara are contained in the A viara Master Plan. ' > MPl 77(BB) -AVIARA PHASE III May 5, 1999 Page 3 The policies of the Mello I segment emphasize topics such as preservation of agriculture and scenic resources, protection of environme~tally sensitive resources, provision of shoreline access, and prevention of geologic instability and erosion. The land uses allowed through the Mello I Segment are the same as those allowed through the A viara Master Plan. Since the changes to the master plan do not involve land use changes, the proposed master plan amendment remains consistent with the LCP. Because the Aviara Master Plan serves as the implementing ordinance of the Local Coastal Program for this site, consistency with the master plan also represents consistency with the LCP implementing ordinances. Given the above, the project is consistent with the applicable overlay, namely, the Coastal Resource- Protection Overlay Zone Mello I Segment. Therefore, the proposed project is consistent with the Mello I land use policies. Since the amendment to the master plan is a change in the text and does not involve development as defined by Section 21.04.107 of the Carlsbad Municipal Code, the master plan amendment is exempt from processing a Coastal Development Permit per Section 21.201.030. C. A viara Master Plan The amendment would allow a separate master association for the Phase I and II area and another master association for the Phase III area. The amendment requires that various sections of the master plan be amended to address the responsibilities and maintenance related to the creation of separate associations. The table below is a summary of the common facilities and how they are, and will be, maintained followed by a more detailed discussion of these issues FACILITY Community Trails RV Storage Lot TABLE-1 AYIARA COMMON FACILITIES MAINTENANCE COMPARATIVE MATRIX EXISTING CC&Rs PROPOSED CC&Rs All community trail All community trail segments segments maintained by maintained by whichever of the the A viara Master two Master Associations in Association. which the segment is geographically located RV lot owned by Aviara RV lot owned by the Phase III Land Associates, but Association, with a nonexclusive maintained by A viara easement granted to Aviara Master Association. Master Association for continued access, use and maintenance. RESULTS All trails maintained for common use by all. All rules and regulations stay the same. RV lot maintained by A viara Master Association and available for use by all Aviara residents. All rules and regulations governing RV lot stay the same. C MPl 77(BB) -A VIARA PHASE III May 5, 1999 Page4 Entry features (including entry monument signs) All entry features and 1. Batiquitos Drive/ Azure Cove All entry monument signs mam-monument signs maintained by monuments, tained by the A viara A viara Master Association at including Common Manufactured Slopes Master Association. All common manufactured slopes maintained by the A viara Master Association. Fire Suppression All fire suppression zones Zones maintained by the A viara Master Association. Community Walls All community walls maintained by the A viara Master Association. Design Review Board sole cost. 2. Poinsettia Lane/ Ambrosia Lane monument signs maintained by Phase III Association at sole cost. 3. All other monument signs maintained by A viara Master Association, but will have cost contribution from Phase III association m accordance with agreed formula articulated m Settlement Agreement. All common manufactured slopes maintained by whichever of the two Master Associations in which the slope is geographically located. All fire suppression zones maintained by whichever of the two Master Associations in which the fire suppression zone is geographically located. All community walls maintained by whichever of the two Master Associations in which the community wall is geographically located. monument entry signs maintained. All common manufactured slopes maintained. All fire suppression zones maintained. All community walls maintained. The original master plan required the establishment of a single master plan association and the formation of a design review board to review the architectural and site planning for all development proposals within the master plan. The proposed amendment will establish two master associations: one having jurisdiction over planning areas 17, 18, 19, 21, 22, 23, and 32b, which makes up Phase III of the A viara Master Plan; and, the second having jurisdiction over all other planning areas in the master plan area. Separate design review boards will be created for each association. Each design review board will use the same development criteria, as established with the original master plan, for the review of architecture and site design. Since most of the planning areas have already been designed and approved, except for planning areas 22 (nine single family homes) and 32b (church site), there should not be any impact from the creation of two design review boards. Planning Area 22 and 32b will be reviewed by the Aviara Premier Collection Master Association. As with the original master plan, each planning area will still be required to have its own separate homeowners association, which will be governed by the master association having jurisdiction over its planning area. C MPl 77(BB) -AVIARA PHASE III May 5, 1999 Page 5 Trails, Open Space and Slopes With the division of the master association, comes the division ofresponsibility and maintenance of some common facilities shared within the Aviara Master Plan. Facilities such as community trails, manufactured slopes, fire suppression zones, and three coastal deed-restricted natural open space preserves will be maintained by the master association with jurisdiction over the geographical area upon which these facilities are located. Wording has been added to the master plan that will allow reciprocal use of the master plan facilities such as community trails. Recreational Vehicle Storage Another facility that is shared is the recreational vehicle (RV) storage area. Since the existing RV storage site is physically located within Phase III, the master plan has been amended to allow all residents of the master plan area to have access and use of the RV storage site. Also, as part of the settlement agreement, a non-exclusive easement will be granted by Phase III to the A viara Master Association (Phase I and 11), which will allow all residents of the master plan area to continue to have access to, and use of, the RV storage site. The recent approval of the Cristalla project (CT 97-20), which provides access to the RV site, was conditioned to record a reciprocal access easement to allow the residents of the master plan access to the RV storage site. Community Entry Features The master plan provides that the entry monument features and signs will be maintained by one or both of the associations. The entry monument features and signs will be maintained by the A viara Master Association with a separate private agreement for the new association to contribute to the cost of maintenance. Ancillary Documents There are numerous ancillary documents that are related to the master plan. Documents such as the A viara Development Overview and Residential Design Guidelines, A viara Sign Program, and Fire Suppression Landscape Guidelines will not be changed. These documents are standards and design references which pertain to the whole master plan and will be used by both of the associations without amendment. The Master Maintenance Plan, a map showing the master association maintenance responsibilities, will be changed into two maps, one showing Phase I and II, the other showing Phase III. D. Planned Community Zone According to Section 21.38.120 of the Zoning Ordinance, a minor master plan amendment "shall not change the densities, or the boundaries of the property or involve an addition of a new use or group of uses not shown on the original master plan or the rearrangement of uses within the master plan." The proposed master plan amendment involves only a text change to allow two separate master associations to be formed within the master plan area. Considering that this amendment proposal meets the criteria in section 21.38.120 and does not change the master C MPl 77(BB) -AVIARA PHASE III May 5, 1999 Pa~e 6 plan's densities or uses allowed within the master plan, staff considers the amendment to be minor in nature. The underlying zoning of the proposed project is Planned Community (P-C). In accordance with that designation, the A viara Master Plan was created to implement that zoning. No specific development standards or design criteria exist in the P-C zone, however, and all applicable standards and criteria are contained within the master plan documents. Therefore, conformance with the master plan requirements also indicates conformance with the Planned Community Zone. E. Growth Management Ordinance At the time the Local Facilities Management Plan for Zone 19 was approved, all facility impacts were analyzed and it was determined that all facilities would be provided prior to or concurrent with need pursuant to the facilities performance standards of Growth Management. Because the proposed project is consistent with the master plan in which all facilities were determined to be in compliance with adopted performance standards and the proposed creates no facility impacts, no further growth management analysis is necessary. V. ENVIRONMENTAL REVIEW The potential impacts of having one Master Homeowners Association were already evaluated in EIR 83-02(A) for the Aviara Master Plan and determined to result in no significant environmental impacts. The proposed CC&R modifications do not affect the previous environmental determination. The proposed action is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. In this instance where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA and therefore a Notice of Exemption will be filed per Section 15061(b)(3). ATTACHMENTS: 1. Planning Commission Resolution No. 4542 (MP amendment) 2. Location Map 3. Disclosure statement 4. Master Maintenance Plan -Phase III 5. Bold/strikeout Master Plan text, dated May 5, 1999 VL:eh:mh C ARPORT BATIQUITOS LAGOON AVIARA PHASE Ill MP 177(8B) City of Carlsbad ■ #J 61 ,i,i i ,t-1 •J4-Ei, i, ,t§ ,i I DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information must be disclosed: 1. APPLICANT List the names and addresses of all persons having a financial interest in the application. see Attached ., 2. OWNER List the names and addresses of all persons having any ownership interest in the property involved. See Attached 3. If any person identified pursuant to ( 1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. See Attached 4. If any person identified pursuant to ( 1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary of the trust. N/A 2075 Las Palmas Dr. • Carlsbad. CA 92009-1576• (619) 438-1161 • FAX (619) 438-0894 ~ 5. Have you had ~ e than $250 worth of business tr~dcted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes ~No I If yes, please indicate person(s): ___________ _ Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." NOTE: Attach additional sheets if necessary. See Attachment #1 -~ .. _,, .. ------ Disclosure Statement 10/96 L.P. Bre -Aviara III Devel ment Print or type name of applicant L.P. Page 2 of ? 1. Applicant: 2. Owner: Attachment to Disclosure Statement~ Brehm-A viara III Development Associates, L.P. 283 5 Camino Del Rio South, Suite 220 San Diego, CA 92108 Brehm-Aviara Group, LLC 2835 Camino Del Rio South, Suite 220 San Diego, CA 92108 The Brehm Companies 2835 Camino Del Rio South, Suite 220 San Diego, CA 92108 Lumbermen's Investment Corporation P.O. Box 2030 Austin, TX 78768 Prudential Insurance Company of Am~rica CO-PAMG-Real Estate 4320 La Jolla Village Drive, Suite 205 San Diego, CA 92122 CALPers Investment Office P.O. Box 2749 Sacramento, CA 95812-2749 Brehm-A viara III Development Associates, L.P. 2835 Camino Del Rio South, Suite 220 San Diego, CA 92108 Brehm-A viara Group, LLC 2835 Camino Del Rio South, Suite 220 San Diego, CA 92108 The Brehm Companies 2835 Camino Del Rio South, Suite 220 San Diego, CA 92108 Lumbermen's Investment Corporation P.O. Box 2030 Austin TX 78768 Prudential Insurance Company of America CO-PAMG-Real Estate 4320 La Jolla Village Drive, Suite 205 San Diego, CA 92122 CALPers Investment Office P.O. Box 2749 Sacramento, CA 95812-2749 3. CALPers Investment Office P.O. Box 2749 Sacramento, CA 95812-2749 Prudential Insurance Company of America 4320 La Jolla Village Drive, Suite 205 San Diego, CA 92122 Lumbermen' s Investment Corporation P.O. Box 2030 Austin, TX 78768 The Brehm Companies 2835 Camino Del Rio South, Suite 220 San Diego, CA 92108 Attachment # 1 Applicant: BREHM-A VIARA III DEVELOPMENT ASSOCIATES, L.P ., a Delaware limited partnership By: Brehm-A viara Group, LLC, a California limited liability company, its general partner By: The Brehm Companies, LLC, a California limited liability company, its manager ) Owner: BREHM-AVIARA III DEVELOPMENT ASSOCIATES, L.P., a Delaware limited partnership By: Brehm-A viara Group, LLC, a California limited liability company, its general partner By: / L£aND -23~ .~·-- 151 OPEN SPACE LOTS E7 OPEN SPACE EASEMENT 0~~ 0wALLS ANO FENCES *~eftNTRY * @~~TION* 0 COMMUMTY TRAILS MAINTINANCE l£VEI. lZ'.IMEDIANS k:::JPARKWAYS ~ IRRIGATED SLOPE (REFINED) ~ HYDROSEEDED SLOPE §NATIVE CJo EIJCAL YPTUS GROVE UNIT Pl.ANNING AREA COUNT PA f1 / 21 120 Serenata PA 18 288 Apartments PA 19 90 Brindisi PA22 7 canterina PA23 61 Cristal/a PA32b 7 Commercial L __ \ \ \ \ \ \ \ \ \ ~ 1..r\..jA. NORlll SCALE, I' , •• -e• EQUIVALENT DWEWNG UNITS 120 192 60 7 61 7 !*JA~~~~~N~~~'91\\,1ARA I PREMIER COLLECTION Estrada Land Planning ......................... cea,.ew ...... -ZIII--OM3 ...... 238-0578 ... AVIARA PREMIER COLLECTION MASTER ASSOCIATION MAINTENANCE RESPONSIBILITIES 2/4/99 I DRAFT I ,. ... ' M°'TACHMENT 5 May 5, 1999 A VIARA MASTER PLAN AMENDMENT MP-177(BB) PHASE III DEANNEXATION PROPOSED REPLACEMENT PAGES APPLICANT: Brehm-Aviara III Development Associates 2835 Camino Del Rio South Suite 200 San Diego, CA 92108 CONSULT ANT: Planning Systems 1530 Faraday Ave. Suite 100 Carlsbad, CA 92008 2/24/99