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HomeMy WebLinkAboutMP 177BB; AVIARA PHASE III; Master Plan (MP)CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT (FOR DEPARTMENT USE ONLY) USE ONLY) Administrative Permit - 2nd Dwelling Unit Administrative Variance Coastal Development Permit Conditional Use Permit E Condominium Permit Environmental Impact Assessment T1 General Plan Amendment fi Hillside Development Permit fi Local Coastal Plan Amendment [ Master Plan Amendment (Administrative) Non-Residential Planned Development fi Planned Development Permit fi Planned Industrial Permit fi Planning Commission Determination fl Precise Development Plan fi Redevelopment Permit fi Site Development Plan fi Special Use Permit fi Specific Plan fi Tentative Parcel Map Obtain from Engineering Department Tentative Tract Map fi Variance fi Zone Change fi List other applications not specified HP 2) ASSESSOR PARCEL NO(S).: 215-080-24, 215-040-19, 24, 25 3) PROJECT NAME: Aviara Phase III 4) BRIEF DESCRIPTION OF PROJECT: Deannexation of Phase III properties to allOw separate Master Homeowners Association 5) OWNER NAME (Print or Type) '6) APPLICANT NAME (Print or Type) BREHM-AVIARA III DEVELOPMENT ASSOCIATES ,,- BREHM-AVIARA III DEVELOPMENT ASSOCIATES MAILING ADDRESS MAILING ADDRESS 2835 C.ANINO DEL RIO SOUTH #220 2835 CANINO DEL RIO SOUTH #220 CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE SAN DIEGO, CA 92108 (619)293-7090 SAN DIEGO, CA 92108 (619)293-7090 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND KNOWLEDGE. CORRECT TO THE BEST OF MY KNOWLEDGE. See Attachment #2 See Attachment #2 SIGNATURE DATE SIGNATURE DATE 7) BRIEF LEGAL DESCRIPTION See Exhibit "A" NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 330 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 16 PAGE '1 OF 2 ') LOCATION OF PROJECT: Aviara Phase III ON THE I East and west I (NRtH, SOUTH, EAST, WEST) BETWEEN Aviara Parkway I (NAME OF STREET) STREET ADDRESS SIDE OF Ambrosia Lane :1 (NAME F STREETS AND J Poinsettia Lane (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE I 19 I. 10) PROPOSED NUMBER OF LOTS I I 11) NUMBER OF EXISTING I I 1 2) PROPOSED NUMBER OF NA RESIDENTIAL UNITS I NA 1 RESIDENTIAL UNITS NA 13) TYPE OF SUBDIVISION 14) PROPOSED IND OFFICE! 1 5) PROPOSED COMM NA SQUARE FOOTAGE NA SQUARE FOOTAGE NA_c 16) PERCENTAGE OF PROPOSED 17) PROPOSED INCREASE IN 18) PROPOSED -SEWER -: PROJECT IN OPEN SPACE NA ADT NA USAGE IN EDU NA 19) GROSS SITE ACREAGE 20) EXISTING GENERAL 140 PLAN PROPOSED GENERAL - L;QO21) s PLAN DESIGNATION NA 22) EXISTING ZONING 23) PROPOSED ZONING PC NA 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERSOF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMEBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION., 11M CONSENT, TO ENTRY FOR THIS PURPOSE. See Attachment #3 SIGNATURE FOR CITY USE ONLY FEE COMPUTATION I. APPLICATION TYPE FEE REQUIRED "wAc'ri. Pu ;7 0 G DATE STAMP APPLICATION RECEIVED RECEIVED BY: TOTAL FEE REQUIRED I. 7..O DATE FEE PAID RECEIPT NO. Form 16 PAGE 2OF2 CitV of - Carlsbad I ®r$._O~t F_ Planning Department DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership inte rests on ' all applications which will require discretionary action on the part of-thth 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 m than $250 worth of business tra cted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? LI Yes No 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 oouhty, 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. I. Disclosure Statement 10/96 Page 2 of 2 * 0machment to Disclosure Statement• 1. Applicant: Brehm-Aviara III Development Associates, L.P. 2835 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 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 2. Owner: Brehm-Aviara III Development Associates, L.P. 2835 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 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 958 12-2749 . . 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-AVIARA III DEVELOPMENT ASSOCIATES, L.P., a Delaware limited partnership By: Brehm-Aviara Group, LLC, a California limited liability company, its general partner By: The Brehm Companies, LLC, a California Owner: BREHM-AVIARA III DEVELOPMENT ASSOCIATES, L.P., a Delaware limited partnership By: Brehm-Aviara Group, LLC, a California limited liability company, its general partner By: The Brehm Companies, LL Calif limited liability company, ts manage Jtupn11ngs ' Vice Pfesident Attachment #2 Applicant: BREHM-AVIARA III DEVELOPMENT ASSOCIATES, L.P., a Delaware limited partnership By: Brehm-Aviara Group, LLC, a California limited liability company, its general partner By: The Brehm Companies, LLC, a California limited liability compapy-its--managç go 9itIiming9 / / j a Vice President N Owner: BREHM-AVIARA. III DEVELOPMENT S9JATES, L.P., a Delaware limited partnership By: Brehm-Aviara Group, LLC, a California limited liability company, its general partner By: The Bt limited S EXHIBIT "A't LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 22, THE NORTH HALF OF SECTION 27, ALL IN TOWNSHI? 12. SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF. SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, AS SHOWN ON RECORD OF SURVEY NO. 10774, RECORDED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, OCTOBER 30, 1986, AS FILE NO. 86-494190 OF OFI.CIM.RECORDS. EXCEPTING THEREFROM ALL THAT PORTION OF THE EAST HALF OF 'THE SOUTHEAST QUARTER OF. SAID SECTION 22, CONVEYED TO THE. CITY O. CARLSBAD BY THAT CERTAIN GRANT DEED (PARK SITE), RECORDED IN THE OFFICE OF'THE SAN DIEGO COUNTY RECORDER, JUNE 29, 1989 AS FILE NO. 89-345769 OF.. OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ALL THOSE PORTIONS OF THE NORTH HALF OF SAID SECTION 27, LYING WITHIN THOSE MAPS KNOWN AS CITY OFCARI,SBAD TRACT 85-35, AVIARA. PHASE 1, UNITS A, B, C, D AND E, ACCORD.ING TO MAPS THEREOF NOS. 12409, 12410, 12411, 12412 AND 12413, RESPECTIVELY, FILED JUNE 29, 1989. ALSO EXCEPTING THEREFROM ALL THAT PORTION OF SAID SECTION 27 LYING WESTERLY, SOUTHWESTERLY AND SOUTHERLY OF THE EASTERLY,, NORTHEASTERLY AND NORTHERLY LINE OF THAT CERTAIN EASEMENT DEED FOR PUBLIC STREET PURPOSES TO THE CITY OF CARLSBAD, RECORDED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, JUNE 29, 1989 AS FILE NO. 89-345765 OFOFFICIA RECORDS, SAID STREETS KNOWN AS ALGA ROAD AND POINSETTIA LANE. ALSO EXCEPTING THEREFROM THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 12 SOtJTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,. STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. ALSO EXCEPTING THEREFROM ALL THAT PORTION OF. SAID NORTH HALF OF SECTION 27 LYING WESTERLY OF A LINE DESCRIBED AS FOLLOWS: Page 1ofZ I . BEGINNING AT A ?O:NT ON THE NORTHERLY LINE OF SAID SECTION 27, D 7*ST TERON NORTH 8'35' WEST 59.33 FEET RCRJ NORTH 3°5i' 00" WEST 39 3 FEET) FROM THE NoRT:- QtJARTER CORNER THEREOF, AS SHOWN ON sa: RECORD OF SURVEY MA? NO. 10774; THENCE ALONG THE BOUNDARY OF SA COD OF SURV' NO 1077.L, SOU' 0QOu WS 13L 75 T. N 87 0 29'59" EAST (RECORD SOUTH AX. GLE POINT THEREIN; THENCE SOUTH 37°30'08" EAST) 372.00 FEET; THENCE LEAVING SAID BOUNDARY SOUTH 2 0 30'01" WEST 32.73 FEET TO A POINT ON TH NORTHERLY LINE OF ALGA ROAD AS DESCRIBED IN THE HEREIN ABOVE MENT:oN:P EASEMENT DEED TO CITY OF CARLSBAD, AND BEING THE POINT OF TERMINUS. Page 2 of 2 I Attachment #3 BREHM-AVIARA III DEVELOPMENT ASSOCIATES, L.P., a Delaware limited partnership By: Brehm-Aviara Group, LLC, a California limited liability company, its general partner By: The Brehm Companies, LLC, a California 11. The uses for each Planning Area listed in Chapter V of this Master Plan are the permissible uses for that Planning Area and which may be less than those set forth in Title 21 of the Carlsbad Municipal Code. 12. All development proposed shall comply with the grading and resource preservation policies of the underlying Local Coastal Program. 13. Grading activity shall be prohibited during the rainy season (October 1 to April 1). 14. All planning areas shall comply with public facilities requirementsincluded within the Local Facilities Management Plan for Zone 19. + 15. Development Standards and Design Guidelines for the development of [t1e Pacific Rim Country Club and Rc3ort4 Aviara are outlined in this Master Plan. Master Associations shall be established for Aviara. One have jurisdiction over Planning Areas 17, 18, 19, 21, 22,2 III of Aviara ("Aviara III Mas association shall have jurisdiction over all other planning areas in Master Plan area ("Aviara Master Association"). Each Master Association shall prepare Covenants, Conditions and Restrictions (CC&R's) which control the private uses, design, maintenance and development standards for each area of the Master Plan. [A Pacific Rim] Each Association may form a Design Review Board [may be formed] which shall review the architecture and site planning for all construction and development proposals within the Master Plan. The CC&R's shall be approved by the City Attorney, and Planning Director; the City shall not participate as a member of the design review board. a) The CC&R's shall state expressly that the property is subject to the provisions of the Master Plan. It shall also be indicated that the City shall have the riht but not the obligation to enforce the provisions of this Master Plan -through the normal enforcement procedures if the City Council determines such enforcement is necessary to protect the public welfare and may assess homeowners for costs incurred therein. b) The CC&R's shall prohibit the storage or parking of recreational vehicles within any of the residential planning areas except in approved RV storage areas. c) The Master Plan applicant shall prepare a detailed community agenda and architectural review manual for use by [the Pacific Rim] a Design Review Board. This manual shall be submitted for approval by the Planning Director prior to approval of the first final maps for the project. d) The Master CC&Rs shall require that each individual planning area association shall participate in the maintenance of the RV storage areas. -22- O e) [Thc] Each Master Association shall control the operation and maintenance of the RV storage areas, trail system, -entry features, common slopes and other common features identified in the Master CC&tRs. 16. Each Planning area shall have [4'5] its own separate homeowner's association. This association shall be an equal member of the Master Association having jurisdiction over its planning area and may belrequired to pay a reasonable amount of dues to the. Master Association. The provisions of the Master CC&Rs shall be binding to the provisions of the CC&Rs for the individual planning areas and may not conflict. Slope areas within the R-1 type standard subdivisions and other planning areas shall be maintained separately by [the] each Master Association of exposed to. major streets. [The dcvcloperl Project developers shalisubmit a master maintenance plan showing all areas to be maintained by [the] each Master Association [to bc]1 which shall be approved by the Planning Director prior to any final map approval. 17. An extensive trail system shall be provided for the Master Plan area. The trail system shall be consistent with the Batiquitos Lagoon Enhancement Plan. 18. No grading or development (exclusive of a public access trail along the lagoon shoreline which shall be consistent with the Lagoon Enhancement Plan) shall be allowed within 100 feet of the wetland boundary. 19. To ensure that all development areas of the Master Plan shall be adequately served, the developers of the Master Plan or portions thereof shall be required to provide for the construction of all necessary public facilities pursuant to the approved Zone 19 Local Facilities Management Plan. 20. The applicant shall comply with all provisions of the Carlsbad Municipal Code, Section 21.90 (Growth Management Program). -23- . . 2. All site development plans and tentative subdivision maps which include50 or more dwelling units shall be reviewed by the Planning. Con -mniission.and;City Council, with the exception of that residential Planning Areas which include 50 or more dwelling units that have an approved tentative subdivision map shall be reviewed solely by the Planning Commission unless appealed. All' residential site development plans and tentative subdivision maps which include less than 50 dwelling units shall be reviewed solely by 'the Planning Commission unless appealed. A site development plan shall not be approved unless the decision making bodies determine that the individual -plan is consistent with the concepts, goals and standards described in this Master Plan and all applicable City policies and laws. 3. Prior to review by the Planning Commission and City Council each Site Development Plan submitted subsequent to the initial Master Plan review process shall be reviewed by [the Pacific Rim Country Club and Resort] Design Review Board. 4. The Site Development Plan required above need not be processed if a planning area is processed pursuant to Chapter 21.45 of the Carlsbad Municipal Code (PD Ordinance). Non-residential planned unit developments will 'require the processing of a site development plan as required above. 5. If any of the following Planning Areas, 3, 13, 25, 27, 28, or 29, are developed under a custom lot sales program, individual site plans for each lot in that Planning Area may be submitted to the Planning Director for approval in lieu of processing a site development plan. C. DEVELOPMENT AND PUBLIC FACILITY PHASING The Zone 19 Local Facilities management Plan contains a detailed development phasing program. The objective of the program is to coordinate the provision of public facilities and services with a projected sequence and pattern of development. The project has been divided into ten development phases. Each phase has specific onsite and offsite improvements that are required prior to or concurrent with the development. Thresholds (Performance Standards) are established in the Zone 19 Local Facilities Management Plan to ensure the appropriate timing of facilities and services. All public facility performance standards identified in the Zone 19 'Local Facilities Management Plan must be complied with as the Master Plan develops. D. PACIFIC RIM COUNTY CLUB AND RESORT DESIGN REVIEW BOARD Prior to submittal of subsequent Site Development Plan applications, the developer or developers may form a [Pacific Rim Country Club and RcGort] Design Review Board. iI . EXHIBIT Ill - i DEVELOPMENT REVIEW PROCESS MASTER PLAN SUBMITTAL 1. General Plan Amendment 2. Environmental Impact Report 3. Zone 19 Local Facilities Management Plan 4. Master Plan Text 5. Master Land Use Plan INITIAL DEVELOPMENT PROCESSING Processed concurrent with Master Plan 1. Tentative Subdivision Map for Planning Areas 1-16 2. Site Development Plans (or equivalent) for Planning: Areas 1, 2,-3, 4, 8, 9, 10, 11, 13 and 14 Process and record final maps (with additional requirements for Planning Areas 4, 8 and 14) * Apply for Building Permits for Planning Areas 1, 2, 3, 4, 8, 9, 10, 11, 13 and 14 INDIVIDUAL PLANNING AREAS (other than 1, 2, 3, 4, 8, 9, 10, 11, 13 and, 14) Application reviewed by [the Pacific Rim Country Club & Reser-Qg Design Review Board INDIVIDUAL PLANNING AREAS Reviewed for approval by Planning Commission and City Council 1. Site Development Plan 2. Tentative Subdivision Map 3. Update studies and provide environmental review as required by Planning Director Process and record final map Apply for Building Permits * This is contingent upon all public facilities performance standards of the Zone 19 Local Facilities Management Plan being complied with. -31- . . Flat roof areas are discourage in General but may be used in small areas for roof plane accent. When used, they shall receive a gravel topping which shall be colored to match the adjacent roof tile. 3. Miscellaneous Decks, stair wells and railings shall be predominately solid in nature with accents of open railing and punched openings. Wrought iron railings may be used for small balconies. Materials for exterior decks, balconies and stairs are to be compatible with the intended character of the overall development. Prefabricated steel and concrete stairs are discouraged. The color and texture of exposed decks should likewise blend with the overall community character. Glazing materials should be a standard clear or tinted shade. Reflective glass does not conform to the design character of this community and is therefor prohibited. Wood frame windows are encouraged wherever possible. Entry doors should be of wood and either glazed or decorative in nature. In commercial areas storefront systems (prefabricated modular glass/metal units) are prohibited. All commercial areas shall harmonize with the design character of the community. Special care shall be taken in the planning of all commercial areas to ensure visual and functional compatibility with adjoining development. Mailbox, carport and trash enclosures should be addressed with the same care as other structures. Their design and material finish should match that of the adjacent structures. Custom detached single family homes in Planning Areas 13,2-5,27,-28 -and 29 shall be exempt from the strict interpretation of the standards noted in this section provided that the materials and finishes used are found to be acceptable by the Pacific Rim Design Review Board pursuant to the Design Review Manual to be approved by the Planning Director. In addition, structural elevations for all single family and multi-family dwelling units shall be submitted for review by the Planning Department. f. Colors The intent of the community color scheme is to allow for individual expression within a framework which will maintain a sense of compatibility and continuity. -40- . . Within [the Pacific Rim Country Club and Resort] Aviara, the color white will be used extensively either on its own or mixed with other colors. In essence, all waij surface colors with the exception of Planning [Arci Area 28 will be a tint of white. Therefore, the overall wall surface scheme will be based on color value rather than hue. This- means the entire range of hues will be permissible in order to meet personal and market demands. Stair colors will be gauged similarly. A more detailed description of these colors and a color palette will be included in [the Pacific Rim Country Club and Rcsort] Design Guidelines. Optional colors may be allowed in single family detached planning areas provided that they are found to be compatible with the colors and character of the Master Plan are by the Planning Deportment. As discussed under roof treatments above, roof colors shall be in the red to reddish- brown to orange range. Color variations in a roof tile piece or plane are allowed, provided a compatible appearance is maintained. g. Architectural Guidelines for Planned Unit Development Detached Products 1) In projects where there are three 2 story units in a row situated less than 15 feet apart, at least one of the three units shall have a single story building edge with a depth of not less than 10 feet adjacent to one of the other units. The roof covering the single story element shall be substantially lower than the roof for the 2 story element to the unit (this is not intended to preclude long shed-type roofs falling to .a, single-story element. 2) In projects where there are three 2 story units in a row situated between 15 and 20 feet apart, at least one of the three units shall have a single story building edge with a depth of not less than 5 feet adjacent to one of the other units. The roof covering the single story element shall be substantially lower than the roof for the 2 story element to the unit (this is not intended to preclude long -shed-type roofs falling to a single-story element. 3) On a project basis, thirty-three percent (33%) of all units shall have a single story edge' for forty percent (40%) of the -perimeter of the building. For the purpose of this guideline the single story edge shall be a minimum depth of three feet (39. The units qualifying under the 33% shall be distributed throughout the project. - 4) For at least fifty per cent (50%) of the units in a project, there shall be at least three separate building planes on street side elevations of lots with 45 feet of frontage or less, and four separate building planes on street side elevations of lots with a frontage greater than 45 feet. The minimum offset, in planes shall be 18 in and shall include but not be limited to building walls, windows and -41- . 0 roofs. The minimum depth between the faces of the forward-most plane and the rear plane on the front elevation shall be 10 feet' and a plane must be a minimum of 30 square feet to receive credit under this section. 5) Rear elevations shall adhere to the same criteria outlined in number 4 above for front elevations except that the minimum depth between front and back planes on the rear elevations shall be 3 feet. 6) At least fifty percent (50%) of the units in a project with minimum 5' sideyards shall have one side elevation where there are sufficient offsets or cutouts so that the side yard setback averages a minimum of 7 feet from the property line. 7) Projects with an average lot size of 5,000 sq. ft. or less shall limit the number of units with three car garages to seventy-five percent (75%) of the plans in the project. Project units with three car garages shall be a mix of two door garages, three door garages, and offset (2 planes mht 12") two door garages. 8) Fifty percent (50%) of exterior openings for every dwelling unit (doors/windows) shall be recessed or projected a minimum of 2" and shall be with wood or colored aluminum widow frames (no mill finishes). 9) Variety in roof framing direction shall be required. 10) All architecture shall abide by the design' parameters identified in {The Aviara] a Design Manual. 11) The predominant roof framing for each floor plan shall exhibit directional variety to the other floor plans of the same project. Notes: a) For the purpose of these guidelines in single story element shall be defined as a plate line of 12 feet or less. b) In addition, when a percentage of units is described in the guidelines the intent is to have the percentage spread throughout the entire project. 12) Any changes or modification regarding these guidelines within Section 21.45 of the Carlsbad Municipal Code shall also be reflected in this Master Plan. 4. Landscaping a. Community Landscape Concept The major components of the landscape design are the resort area, golf -course, lagoon shoreline, hillsides and streetscape. - -41a- . . 5. Entry Treatments Entry treatments are the first reflection of community character. Exhibit W-12 illustrates the location of the four types of entries. Adescription of the hierarchy of entries is as follows: All entry treatments shall require the approval of the City Engineer and the Planning Director. a. Community Entry The two community entries are located at the west and east ends of Alga Road. These entries are the main gateways and therefore should create a distinct sense of arrival and a strong contrast to the surrounding area. The entry will include architecture and landscape architecture reflective of the hotel and the central core area. Distinctly articulated entry walls with rock and stucco, large specimen Oak trees and groves of citrus or avocado trees will beused. Extensive use of flower colors will create the visual excitement to enhance this area. An example of a community entry is illustrated on Exhibit IV-13. b. Major Entry A major entry shall be located at the west end of Pacific Rim Drive. Treatment shall be similar but smaller in scale than the community entries. Additionally, trees related to the lagoon habitat may be introduced. These may include willow or sycamore trees. Exhibit IV-14 illustrates the major entry site. - C. Secondary Entry Secondary entries are similar but smaller in scale to the community and major entries. The basic difference is that these entries are within the site, and therefore will probably be viewed at slower speeds and within a closer distance. Special treatments may be added to the resort and sports club/restaurant entries due to the special nature of these facilities. The entry to the resort along Alga Road -is shown on Exhibit IV-15. d. Neighborhood Entry This entry provides the primary access to a specific neighborhood or planning area. All entries shall conform to the entry wall standards, however, letter style, logo and color of entry signs may vary subject to approval by [the Pacific Rim Country Club and Resort] a Design Review Board and City. A typical neighborhood entry is represented on Exhibit IV-16. Trees that have been designated for the individual planning areas or alternatives approved by [the Pacific Rim.] A Design Review Board may be used at the entry. -54- I S 2. Secondary Community Entries Permanent Secondary Community Entry signs mark entries via smaller arteries. a. Quantity: One location required. b. Location: North end of project area-off Poinsettia Lane. C. Sign Types: Identification signs on pairs of walls - similar to Primary Entries (see above). d. Size: Copy area of sign element not to exceed 50 square feet. e. Copy: Copy restricted to community identification only (e.g., "Pacific Rim Country Club and Resort). f. Materials and Colors: Palette similar to Primary Entries (see above). 3. Neighborhood Entry Signs Permanent Neighborhood Entry signs serve to identify individual neighborhood within the overall project area. a. Quantity: One entry statement at each major neighborhood entry. b. Locations: (See location plan) C. Sign Type: Identification signs on pair of walls. d. Size: Copy area of sign element on each wall not to exceed 40 square feet. e. Copy: Permanent copy restricted to neighborhood identification only (e.g., "Pacific Rim Villas"). f. Materials and Colors: Palette similar to Community Entry signs (above). g. illumination: Exterior illumination similar to Community Entry signs (above). h. Approvals: Detailed plans of Neighborhood Entry Signs - indicating locations, materials, typestyles, colors and illumination require prior approval in writing by [Pacific Riml .A Design Review Board. -199- 4 5. . . Facility Entry Signs Permanent Facility Entry signs mark entrances to major public-uses facilities within the project (e.g., resort hotel, restaurant and sports complex). a. Quantity: One entry statement at each major facility entry. b. Locations: (See location plan) C. Sign Type: Identification signs on pairs of walls. d.Size: Copy area of sign element on each wall not to exceed 35 square feet. e. Copy: Permanent copy restricted to facility identification and operator name (if appropriate) only (e.g., Four Seasons at Aviara). f. Materials and Colors: Palette drawn from the identified facility's architectural features and related to Community Entry Signs (see above). g. illumination: Exterior illumination similar to Community Entry signs (above). h. Approvals: Detailed plans for Facility Entry Signs - indicating locations, materials, typestyles, colors and illumination - required prior approval in writing by [Pacific Rim] a Design Review Board.' Facility Directional Signs Permanent Facility Directional signs direct traffic to major public use facilities within the project (e.g. the resort hotel, golf clubhouse and sports center). a. Quantity: One, however additional directional signs may be approved by the Planning Commission through a master plan amendment, in accordance with Section 21.38.120 of the Carlsbad Municipal Code b. Locations: Southeast corner of Alga Road and Batiquitos Drive, however additional locations may be approved by the Planning Commission through a minor master plan amendment. C. Sign Type: Single-faced, raised letters on curved, stucco privacy wall. d. Size: Copy area of sign element not to exceed 65 square feet. e. Copy: Generic copy necessary to direct motorist southward on Batiquitos Drive to golf club, sports complex, and restaurant uses. These facilities shall be referenced by type of use only and no specific business names shall be allowed. -200- . S f. Materials and Colors: Raised letters on rock veneer on stucco wall. g. illumination: Exterior ifiumination through ground-mounted lighting. h. Approvals: Detailed plans of signs shall be submitted to the Planning Director for approval prior to issuance of building permits. 6. Shopping Village Identification: Permanent Shopping Village Identification signage serves to identify the entrances to the retail center and its major tenants (those greater than 20,000 square feet in area). a. Quantity: One identification/ entry statement required. b. Location: North side of Alga Road, south entrance to Planning Area 23 (see location map). C. Sign Type: Identification signs on pair of walls. d. Size: Total copy area of all sign elements on each wall not top exceed 40 square feet. e. Copy: Copy restricted to Shopping Village and major tenant identification (e.g. Pacific Rim Shopping Vilage/Jurgensons/Shops). f. Materials and Colors: Reflect the shopping center's architecture and relate to Community Entry Signs (see above) g. illumination: Ground height, exterior illumination similar to Community Entry Signs (see above). h. Approvals: Detailed plans of all shopping village signage - indicating locations, materials, copy, typestyles and logos, colors and illumination - require approval in writing by [Pacific Rimjg Design Review Board. 7. Street Name Signs Street name signs facilitate vehicular traffic flow through the master p1an area. a. Quantity: One of the two Type B Street Name signs required at each non-signalized intersections. b. Locations: (See location plan) -201- AKIWAi • L.J1It IOU • CAKJ2JiAV, LA92UU8 • (IOU) 931-UflSU • FAA (I(3U) 9iI-)I'14 • piann1ngsystems(çnctImes.net I- L-1 . ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART]. (TO BE COMPLETED BY THE PLANNING DEPARTMENT) / rvtP!771s DATE RECEIVED: / i-1 bi 4ASENO: BACKGROUND 1. CASE NAME: Aviara Phase Ill Deannexation 2. APPLICANT: The Brehm Companies 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2835 Camino -Del Rib South Suite 220 San Diego CA 92108-3882 Phone (619) 293-7090 + 4. PROJECT DESCRIPTION:Amendment to the Aviara Master Plan to allow deannexation of the Phase Ill properties from the Aviara Master Homeowners Association, and allow creation of a separate Association for the Phase Ill neighborhoods. The project is proposed for real estate common area property management only. No substantive impacts to the approved Master Plan land use regulation of Phase III will result. SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: Please check any of the environmental factors listed below that would be potentially affected by this project. This would be any environmental factor that has at least one impact checked "Potentially Significant Impact," or "Potentially Significant Impact Unless Mitigation Incorporated" in the checklist on the following pages. • Land Use And Planning • Population and Housing • Geological Problems • Water • Air Quality ENVIRONMENTAL IMPACTS • Transportation/Circulation LI Public Services • Biological Resources LI Utilities & Services • Energy & Mineral Resources LI Aesthetics • Hazards LI Cultural Resources LI Noise LI Recreation LII Mandatory Findings of Significance 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 Rev. 03/28196 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 (El R), 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 It," 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. 2 Rev. 03/28)96 . 0 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 ER 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. 3 Rev. 03,2896 10 Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated LAND USE AND PLANNING. Would the proposal:. a) Conflict with general plan designation or zoning? (The proposed project involves the deannexation of Phase Ill of the Aviara Master Plan, with no other substantive modifications to the Plan; Master EIR 93-01 (MEIR 93-01), EIR 83-02 ,Notice of Prior Environmental Compliance 10121192) b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? (Environmental Plans, including resource preservation policies adopted by the Coastal Commission, will not be affected by the proposed project. The proposed project does not preclude the implementation of the City's Habitat Management Plan (HMP) or Local Coastal Program; MEIR 93-01, EIR 83-02,) c) Be incompatible with existing land use in the vicinity? (The proposed project involving the deannexation of Phase III properties for real estate management purposes, and will not have any significant effect on the existing land use; MEIR 93-01, EIR 83-02, Notice of Prior Env. Compliance 1012V92). d) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses? (The impacts of urban land use and the discontinuance of agriculture in this area have been addressed in the City's General Plan EIR, and the General Plan does not consider agriculture a permanent land use; the Phase Ill property is not located in an area identified in the City's General Plan EIR as "Prime Farmland;" MEIR 93-01, E1R 83-02). e) Disrupt or divide the physical arrangement of an established community (including a low- income or minority community)? (The proposed project involves real estate common area management only, and will not divide or displace any existing neighborhoods; MEIR 93-01, EIR 83-02). 4 Rev. 03/28,96 . 10 Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated 11. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? (The proposed project will not affect residential or other land use designations, densities or improvements from that allowable pursuant to the existing Master Plan); MEIR 93-01). b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? (The proposed project is will not affect growth from that demonstrated in the existing Master Plan in any significant way; Notice of Prior Env. Compliance 10/21/92.) C) Displace existing housing, especially affordable housing? (The proposed project site is currently under development consistent with the Aviara Master Plan, and development of the Phase Ill site will not displace any existing residences; Notice of Prior Env. Compliance 10121192.) Ill. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? (The proposed project will not result in exposure of people or property to known geologic or seismic hazards beyond those identified generally in the City's General Plan EIR and Pacific Rim Country Club and Resort EIR and mitigated through compliance with State and Local Building Codes; MEIR 93-01, Notice of Prior Compliance 10121192). b) Seismic ground shaking? (See above; MEIR 93-01, EIR 83-02). c) Seismic ground failure, including liquefaction? (See above; MEIR 93-01, EIR 83-02). d) Seiche, tsunami, or volcanic hazard? (The proposed project is not located in an area identified in the City's General Plan EIR as susceptible to Seiche, tsunami or volcanic hazard; MEIR 93-01). e) Landslides or mudflows? (See above; MEIR 93-01,). 5 Rev. 03f28196 . n Potentially Potentially Less Than No Significant Significant Significaflt Impact Impact Unless Impact Mitigation Incorporated X X. X, x Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (The subject site is already mass graded, and is consistent with the City's General Plan El and the Pacific Rim EIR; MEIR 93-01, EIR 83-02, Notice of Prior Environmental Compliance 10121192). g) Subsidence of the land? (The proposed deannexation project does not affect soil conditions, and the Phase Ill development will continue to comply with the City of Carlsbad's policies regarding soil protection as defined and concluded in the General Plan EIR; MEIR 93-0 1, EIR 83-02). h) Expansive soils? (The proposed project involves an already mass graded, and partially developed site, and will comply with the City of Carlsbad's policies regarding soil protection as defined and concluded in the General Plan EIR; MEIR 93-01, EIR 83-02). i) Unique geologic or physical features? (No unique physical features exist within the boundaries of the proposed project; MEIR 93-01, EIR 83-02 and Notice of Prior Environmental Compliance 10121192). IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? (The proposed project is an already mass graded and partially developed site, and will comply with the City of Carlsbad's policies regarding surface runoff quantities and rates in compliance the General Plan EIR; In addition, the impacts of development have been considered in the City's General Plan EIR and Pacific Rim Country Club and Resort EIR; MEIR 93-01, EIR 83-02). b) Exposure of people or property to water related hazards such as flooding? (The proposed project site is situated within an already partially developed site and is not subject to flooding potential; MEIR 93-01, EIR 83-02). 6 Rev. 03128,96 . Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact X - Issues (and Supporting Information Sources): (Supplemental documents may be referred to ano attached) C) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? (The proposed project will not discharge directly or in an uncontrolled manner into any surface waters or result in an alteration of water quality; MEIR 93-01, Pacific Rim EIR 83- 02, Notice of Prior Environmental Compliance 10/21/92). d) Changes in the amount of surface water in any water body? (The proposed project will not discharge directly or in an uncontrolled manner into any surface waters, modify surface water paths to any significant degree whatsoever, nor result in an alteration of water quality; EIR 83-02). e) Changes in currents, or the course or direction of water movements? (The proposed project will result in no substantive change in the course or direction of water movement as concluded in the City's General Plan EIR; MEIR 93-01, EIR 83-02, Notice of Prior Environmental Compliance 10121192). 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? (The City's General Plan El R, the Pacific Rim El R, and the Notice of Prior Environmental Compliance all addressed the impacts of resort development of this site, and the project does not propose any withdrawals or additions to the groundwater; MEIR 93-0 1, EIR 83-02, Notice of Prior Environmental Compliance 10/21/92). g) Altered direction or rate of flow of groundwater? (See above; MEIR 93-01, EIR 83-02). h) Impacts to groundwater quality? (The proposed deannexation of Phase Ill from the Aviara Master Homeowner's Association will not result in impacts to groundwater quality; the City's General Plan EIR and Pacific Rim Country Club and Resort EIR contemplate development of this site, which has been approved and is ongoing; MEIR 93-01, Notice of Prior Environmental Compliance 10/21/92) 7 Rev. 03128,96 . Potentially Potentially Less Than No Significant Significant Significant impact Impact Unless Impact Mitigation - Incorporated x- Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (The proposed project will not result in impacts to groundwater; the City's General Plan EIR and the Pacific Rim EIR contemplate development of the Phase Ill site; MEIR 93-0 1, EIR 83-02, Notice of Prior Env. Compliance 10121192.) V. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? (Covered under the City's General Plan EIR. See Discussion of Environmental Evaluation at the end of this checklist). b) Expose sensitive receptors to pollutants? (Other than the impacts described in the Discussion of Environmental Evaluation, the proposed project is not anticipated to create significant impacts to sensitive receptors; ME/A 93-01). c) Alter air movement, moisture, or temperature, or cause any change in climate? (The proposed deannexation project will not invoke climatic or air mass changes; MEIR 93- 01) d) Create objectionable odors? (The proposed deannexation project involves real estate common area management only, and the proposed action is not generally considered to create noxious odors; ME/A 93-01, Notice of Prior Environmental Compliance 10121192) VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? (The proposed project will be in conformance with the current General Plan land use designation, the existing Aviara Master Plan land use regulations, and will conform to the elements of the General Plan EIR, both of which anticipate residential uses for the subject property; See Discussion of Environmental Evaluation at the end of this checklist. 8 Rev. 03128,96 . Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No impact x Issues (and Supporting Information Sources): (Supplemental documents may be referred to anc attached) b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (No sharp or hazardous design features are proposed or suggested through enaction of the deannexation project. The proposed project will continue to be in compliance with all applicable City polices and codes regarding circulation design which were addressed in the City's General Plan EIR and the Pacific Rim EIR; ME/A 93-01, EIR 83-02). C) Inadequate emergency access or access to nearby uses? (The proposed project will not affect approved emergency access in compliance with applicable City codes; the project is designed in compliance with all applicable City polices and codes regarding circulation design which were addressed in the original Master Plan and Phase Ill site development plan approvals; Notice of Prior Environmental Compliance 10121192). d) Insufficient parking capacity on-site or off- site? (The proposed project is designed in compliance with all applicable City polices and codes, including the Aviara Master Plan, regarding parking design which were addressed in the City's original approval of the site development plan for the project; Notice of Prior Environmental Compliance 10/21/92). e) Hazards or barriers for pedestrians or bicyclists? (The proposed project will continue to be designed in compliance with all applicable City polices and codes regarding circulation design which were addressed in the City's General Plan EIR and Pacific Rim Country Club and Resort EIR; MEIR 93-01, EIR 83-02, Notice of Prior Environmental Compliance 10121192). t) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? (The proposed project is designed in compliance with all applicable City polices and codes regarding alternative modes of transportation which were addressed in the City's General Plan EIR; ME/A 93-0 1, EIR 83-02). 9 Rev. 03,28,96. S C Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) g) Rail, waterborne or air traffic impacts? (The proposed project will not affect rail, waterbome or air traffic impacts, and is designed and will continue to be in compliance with all applicable City polices and codes regarding alternative modes of transportation which were addressed in the City's General Plan EIR; MEIR 93-0 1, EIR 83- 02, Notice of Prior Env. Compliance 10/21/92). 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? (The proposed project is an already mass graded and semi-developed site; No areas of rare plants and animals are located in the subject area of the site, with the exception of deed restricted areas, which will remain natural open space, consistent with the City's General Plan EIR and the Notice of Prior Environmental Compliance for the Aviara Resort Project; MEIR 93-0 1, EIR 83-02). b) Locally designated species (e.g. heritage trees)? (No locally designated species are located within the subject area; EIR 83-02). C) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (The proposed development of Phase Ill is located within an already graded area, with the exception of the deed restricted open space, which will not be affected by the proposed action, and will remain in natural open space. MEIR 93-01, EIR 83-02, Notice of Prior Compliance 10121/92). d) Wetland habitat (e.g. marsh, riparian and vernal pool)? (No wetland habitats are affected as above; MEIR 93-01, EIR 83-02). e) Wildlife dispersal or migration corridors? (No wildlife migration or dispersal corridor is located within the subject Phase II development, with the exception of deed restricted open space areas, which will remain in natural habitat open spaces, as concluded in the City's General Plan EIR and the Pacific Rim Country Club and Resort EIR; MEIR 93- 01, E1R83-02). Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less-Than Significant Impact NO Impact X 10 Rev. 03/28,96 S Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless lmpaôt Mitigation Incorporated VIII. ENERGY AND MINERAL RESOURCES. Would the proposal? a) Conflict with adopted energy conservation plans? (The proposed project is designed in conformance with all applicable federal, state and local polices and codes relating to energy conservation; the project is considered compatible with the existing urban use for the area, as addressed in the City's General Plan EIR and Pacific Rim EIR; MEIR 93-01, EIR 83- 02 and Notice of Prior Environmental Compliance 10121192). b) Use non-renewable resources in a wasteful and inefficient manner? (The proposed Phase III project will continue to be designed in conformance with all applicable federal, state and local polices and codes relating to energy conservation; the project falls within the realm of urban uses anticipated under the City's General Plan EIR and Pacific Rim EIR; MEIR 93-0 1, EIR 83-02). 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? (No known mineral resources occur on-site; MEIR 93-0 1, EIR 83-02). 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)? (The proposed deannexation project involves real estate common area maintenance only, and will not involve risk of these circumstances as determined in the City's General Plan EIR and Pacific Rim Country Club and Resort EIR; MEIR 93-01, E1R 83-02). b) Possible interference with an emergency response plan or emergency evacuation plan? (The proposed project will not impede emergency response; MEIR 93-01, EIR 83- 02). c) The creation of any health hazard or potential health hazards? (The proposed project will continue to be consistent with the substantive land use regulations of the Aviara Master Plan, which has been previously found to not create any significant health hazards; MEIR 9-01, EIR 83-02, Notice of Prior Environmental Compliance 10121192). 11 Rev. 03128j96 . Potentially Significant Impact Potentially Significant Unless. Mitigation Incorporated Less Than Significant Impact No Impact X Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) d) Exposure of people to existing sources of potential health hazards? (There are no known existing potential health hazards in the vicinity of the property affected by the proposed project; MEIR 93-01, EIR 83-02, Notice of Prior Env. Compliance 10121192). e) Increase fire hazard in areas with flammable brush, grass, or trees? (The proposed Phase Ill deannexation project will not increase fire hazard and will and comply with all applicable City policies regarding fire suppression and low fuel planting; MEIR 93-01, Notice of Prior Env. Compliance 10121192). X. NOISE. Would the proposal result in: a) Increases in existing noise levels? (Development of the site consistent with the regulations identified in the Aviara Master Plan is anticipated in the City's General Plan EIR and the Phase Ill Notice of Prior Environmental Compliance. The proposed deannexation will not affect anticipated noise levels; MEIR 93-01, Notice of Prior Environmental Compliance 10121192). b) Exposure of people to severe noise levels? (The proposed project involves the deannexation of a mass graded and semi- developed site, within an already approved residential/church day care project. No significant exposure of people to severe noise levels will result; Notice of Prior Environmental Compliance 10121192). 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? (The proposed project will be serviced by Fire Station Number 4 which is projected to conform with the City of Carlsbad General Plan and the Growth Management Plan; no substantive need for additional fire protection beyond that anticipated will result from deannxation of Phase III; Notice of Prior Environmental Compliance 10121192). 12 Rev. 03/28,96 . n Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact X Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) b) Police protection? (Police protection is provided by the City of Carlsbad Police Department; no substantive need for additional police services beyond that anticipated in the City of Carlsbad General Plan and the Growth Management Plan will result from deannexation of the property; Notice of Prior Environmental Compliance 10/21/92). C) Schools? (The proposed project will have no modification to the previously projected impact on school facilities; Notice of Prior Environmental Compliance 10121192). d) Maintenance of public facilities, including roads? (No substantive increase in road maintenance will be necessitated since the proposed project will be in conformance with the City's General Plan and Growth Management Plan; MEIR 93-01). e) Other governmental services? (No significant need for any other governmental services beyond those anticipated by the City of Carlsbad General Plan and the Growth Management Program will result from development of the proposed project; MEIR 93-01, EIR 83-02). 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? (Development of the proposed parking spaces will not create a significant new demand for major facilities or to require substantial alterations to existing facilities; Notice of Prior Environmental Compliance 10121192). b) Communications systems? (The proposed project is not anticipated to create a significant new demand for major facilities or to require substantial alterations to existing facilities; Notice of Prior Environmental Compliance 10121192). C) Local or regional water treatment or distribution facilities? (The proposed project will have no impact whatsoever on local or regional water treatment or distribution facilities; Notice of Prior Environmental Compliance 10121192) 13 Rev. 03f286 . . Potentially Significant Impact Potentially Significant Unless Mitigation • Incorporated Less Than Significant Impact No- Impact x -x x- -x Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) d) Sewer or septic tanks? (The proposed project will not result in any increase whatsoever in sewer demand . No septic systems will be installed as part of the proposed project; Notice of Prior Environmental Compliance 10/21/92) e) Storm water drainage? (The proposed deannexation of Phase Ill does not affect compliance with all regulations of the Aviara Master Plan as was anticipated in the City's General Plan EIR and Growth Management Plan, and will not result in an increase in storm water drainage beyond that identified in those documents; MEIR 93-01). f) Solid waste disposal? (The proposed Phase Ill deannexation will not affect the project identified in the General Plan EIR and Growth Management Plan, and the proposed project will not result in an increase in solid waste beyond that identified in those documents; MEIR 93-01, EIR 83-02, Notice of Prior Environmental Compliance 10121192). g) Local or regional water supplies? (The proposed project will not result in an increase in demand for local or regional water supply; Notice of Prior Environmental Compliance 10/21/92). XIII. AESTHETICS. Would the proposal: a) Affect a scenic or vista or scenic highway? (The proposed project is not located along any roadway identified in the City's Scenic Corridor Guidelines as a "Community Scenic Corridor," and the modification to the site plan will involve such a minor scope that .no significant view will be impacted; Notice of Prior Environmental Compliance 10121192). b) Have a demonstrate negative aesthetic effect? (The proposed project will continue to be consistent with the Aviara Master Plan aesthetic guidelines; EIR 83-02). C) Create light or glare? (The City's General Plan EIR anticipates residential, church, day care and open space uses on the subject site, and no significant light or glare will result from the proposed project; MEIR 93-01). 14 Rev. 03128/96 Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? (The proposed project is located in an already developed site which does not contain paleontological resources; Notice of Prio, Env. Compliance 10121192). b) Disturb archaeological resources? (The proposed project site has already been mitigated for archaeological resources when originally graded; Notice of Prio, Environmental compliance 10121192). c) Affect historical resources? (There are no known historical features on the site pursuant to the City's Notice of Prior Environmental Compliance; Notice of Prior Environmental Compliance 10121192).. d) Have the potential to cause a physical change which would affect unique ethnic cultural values? (The proposed project is located in an already graded site which does not contain unique ethnic cultural resources; MEIR 93- 01). e) Restrict existing religious or sacred uses within the potential impact area? (The proposed project is located in an already graded site which does not restrict religious uses or impact sacred areas; MEIR 93-01). XV. RECREATIONAL. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (The proposed Phase Ill deannexation is in conformance with the General Plan EIR and LFMP, and will not create an additional need for parks or other recreation facilities. EIR 83- 02). b) Affect existing recreational opportunities? (The proposed project will not affect existing recreation opportunities; EIR 83-02). 15 Rev. 03/28/96 I S Issues (and Supporting Information Sources): (Supplemental documents may be referred to and attached) Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Incorporated 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? (The proposed project involves the deannexation of Phase Ill property from the Aviara Master Homeowner's Association for real estate common area management purposes only, and will not affect the above environmental factors. 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)? (The proposed deannexation will not involve cumulative impacts as described.) c) Does the project have environmental effects which will cause the substantial adverse effects on human beings, either directly or indirectly? (The proposed deannexation will not cause substantial adverse effects on human beings, either directly or indirectly.) 16 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. Earlier analysis via the Carlsbad General Plan MEIR (93-01), the. Pacific Rim Country. Club and Resort EIR (EIR 83-02), and the Aviara Phase Ill Notice of Prior Environmental Compliance, dated 10121192, are cited in responses to individual EIA question. Please see attached sheets. 17 Rev. 03128/96 . . Please. use this area to discuss any of the environmental factors that were checked "No impact" yet lack any information citations and any factors that were checked "Potentially Significant Impact" or "Potentially Significant Impact Unless Mitigatibn Incorporated." The City has adopted a "Statement of Overriding Consideration": with regard to air quality and circulation impacts resulting from the normal buildout according to the General Plan. The following sample text is intended to guide your discussion of the impacts to these environmental factors. 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 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. 18 Rev. 03/28,96 . . 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: 1) 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, however, project related impacts are considered to be' below a level of significance with mitigation identified in the Zone 19 LFMP. The "Initial. Study" checklist is marked "Potentially Significant Impact." Development of the subject is consistent. with the current 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 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. LIST OF MITIGATING MEASURES (IF APPLICABLE) No additional mitigation measures are necessary. ATTACH MITIGATION MONITORING PROGRAM (IF APPLICABLE) None required. 19 Rev. 0/286 Minor Master Plan Amendment Aviara Phase Ill De-annexation Location Map Carlsbad, California LEGEND lct;:;:;;;:::;;;:(J LocATJoN oF PHAse"' NORTH E8